Transportation Modernization Act (S.C. 2018, c. 10)
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Assented to 2018-05-23
1996, c. 10Canada Transportation Act (continued)
50 (1) Subsection 169.31(1) of the Act is amended by adding the following after paragraph (c):
(c.1) any amount to be paid by the company or the shipper in relation to a failure to comply with any operational term described in paragraphs (a) to (c);
(2) Subsection 169.31(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the dispute resolution process related to the implementation of the arbitrator’s decision.
Marginal note:2013, c. 31, s. 11
(3) Paragraph 169.31(3)(c) of the Act is replaced by the following:
(c) a long-haul interswitching order made under subsection 134(1); or
Marginal note:2013, c. 31, s. 11
(4) Subsection 169.31(4) of the Act is replaced by the following:
Marginal note:Clarification
(4) For greater certainty, a rate for the movement of the traffic is not to be subject to arbitration.
51 (1) Subsection 169.34(1) of the Act is amended by adding the following after paragraph (a):
(a.1) any term with respect to an amount described in paragraph 169.31(1)(c.1), if the matter in respect of the amount has been submitted by the shipper for arbitration;
(2) Subsection 169.34(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f).
Marginal note:2013, c. 31, s. 11
52 Section 169.37 of the Act is replaced by the following:
Marginal note:Arbitrator’s decision
169.37 (1) The arbitrator’s decision must establish the following terms, or any combination of the following terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration:
(a) any operational term described in paragraph 169.31(1)(a), (b) or (c);
(b) any term with respect to an amount described in paragraph 169.31(1)(c.1) if the matter in respect of the amount has been submitted by the shipper for arbitration;
(c) any term for the provision of a service described in paragraph 169.31(1)(d);
(d) any term with respect to the application of a charge described in paragraph 169.31(1)(e); or
(e) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f).
Marginal note:Elements to consider
(2) In making the decision, the arbitrator must have regard to the following:
(a) the traffic to which the service obligations relate;
(b) the service that the shipper requires with respect to the traffic;
(c) any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission;
(d) the railway company’s obligations under this Act in respect of the operation of the railway;
(e) the railway company’s obligations, if any, with respect to a public passenger service provider;
(f) the railway company’s and the shipper’s operational requirements and restrictions;
(g) the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; and
(h) any information that the arbitrator considers relevant.
Marginal note:Efficiency
(3) The arbitrator shall establish a term with respect to an amount described in paragraph 169.31(1)(c.1) in a manner that encourages the efficient movement of the shipper’s traffic and the performance of the railway system and that is balanced between the shipper and the railway company.
Marginal note:2013, c. 31, s. 12
Marginal note:2007, c. 19, s. 49(3)
(2) Paragraph 177(2)(a) of the Act is replaced by the following:
(a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and
(3) Section 177 of the Act is amended by adding the following after subsection (2):
Marginal note:Regulations made under subsection 50(1.01)
(2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.
Marginal note:2015, c. 31, s. 12
54 The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notices of violation
178 (1) The Agency, in respect of a violation referred to in subsection 177(1) or (2.1), or the Minister, in respect of a violation referred to in subsection 177(2), (2.01), (2.2) or (3), may
Marginal note:2007, c. 19, s. 52
55 Paragraph 180(a) of the Act is replaced by the following:
Marginal note:
(a) the penalty for the violation that the person is liable to pay; and
Marginal note:2007, c. 19, s. 52
56 Paragraph 180.5(b) of the Act is replaced by the following:
(b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.
Marginal note:2007, c. 19, s. 52
57 Subsection 180.6(4) of the Act is replaced by the following:
Marginal note:Certificate
(4) If the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.
Marginal note:2013, c. 31, s. 14; 2015, c. 31, s. 13
58 Section 180.8 of the Act is replaced by the following:
Marginal note:References to “Minister”
180.8 (1) In the case of a violation referred to in subsection 177(1), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.
Marginal note:Delegation by Minister
(2) In the case of a violation referred to in subsection 177(2), (2.01), (2.2) or (3), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.
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