PART IIIRailway Transportation (continued)
DIVISION IIConstruction and Operation of Railways (continued)
Marginal note:No construction without Agency approval
98 (1) A railway company shall not construct a railway line without the approval of the Agency.
Marginal note:Grant of approval
(2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.
(3) No approval is needed for the construction of a railway line
(a) within the right of way of an existing railway line; or
(b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.
Marginal note:Filing agreements
99 (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.
Marginal note:Effect of filing
(2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.
Marginal note:No agreement
(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.
Road and Utility Crossings
100 In this section and section 101,
- road crossing
road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; (franchissement routier)
- utility crossing
utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; (franchissement par desserte)
- utility line
utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)
Marginal note:Filing agreements
101 (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.
Marginal note:Effect of filing
(2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.
Marginal note:No agreement on construction or maintenance
(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.
Marginal note:No agreement on apportionment of costs
(4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.
Marginal note:Non-application of section
(5) This section does not apply in any circumstances where section 102 or 103 applies.
Marginal note:Divided land
102 If an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.
Marginal note:Other crossings may be ordered
103 (1) If a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land.
Marginal note:Terms and conditions
(2) The Agency may include in its order terms and conditions governing the construction and maintenance of the crossing.
Marginal note:Costs of construction and maintenance
(3) The owner of the land shall pay the costs of constructing and maintaining the crossing.
DIVISION IIIFinancial Transactions of Railway Companies
Marginal note:Deposit of mortgage, hypothec or security agreement
104 (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:
(a) a mortgage or hypothec issued by a railway company;
(b) a security agreement entered into by a railway company;
(c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or
(d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.
Marginal note:Effect of deposit
(2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.
- 1996, c. 10, s. 104
- 1999, c. 31, s. 38(E)
- 2007, c. 19, s. 30
Documents Dealing with Rolling Stock
Marginal note:Deposit of documents
105 (1) A document, or a copy or summary of a document, evidencing any of the following transactions may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:
(a) a lease, sale, conditional sale, instalment sale, mortgage, hypothec, bailment, leasing, deposit or security agreement relating to rolling stock or any accessories or appurtenances relating to rolling stock; and
(b) an amendment, assignment or discharge of a document mentioned in paragraph (a).
(2) [Repealed, 2007, c. 19, s. 31]
Marginal note:Effect of deposit
(3) Once the deposit is made, the document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the document is valid against all persons.
(4) [Repealed, 2007, c. 19, s. 31]
- 1996, c. 10, s. 105
- 2007, c. 19, s. 31
105.1 The Governor in Council may make regulations respecting
(a) the depositing of copies of documents under sections 104 and 105;
(b) the form and content of summaries to be deposited under those sections; and
(c) the effects, in Canada, of the deposit, registration or filing in other countries of documents evidencing any transaction referred to in paragraph 105(1)(a) or of documents evidencing amendments, assignments or discharges of those documents.
- 2007, c. 19, s. 32
106 [Repealed, 2018, c. 10, s. 21]
107 [Repealed, 2018, c. 10, s. 21]
108 [Repealed, 2018, c. 10, s. 21]
109 [Repealed, 2018, c. 10, s. 21]
110 [Repealed, 2018, c. 10, s. 21]
DIVISION IVRates, Tariffs and Services
111 In this Division,
- competitive line rate
competitive line rate[Repealed, 2018, c. 10, s. 22]
- confidential contract
confidential contract means a contract entered into under subsection 126(1); (contrat confidentiel)
- connecting carrier
connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route; (transporteur de liaison)
interchange means a place where the line of one railway company connects with the line of another railway company and where loaded or empty cars may be stored until delivered or received by the other railway company; (lieu de correspondance)
interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company; (interconnexion)
- interswitching rate
interswitching rate means a rate determined by the Agency in accordance with section 127.1; (Version anglaise seulement)
- local carrier
local carrier means a class 1 rail carrier that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the class 1 rail carrier; (transporteur local)
- long-haul interswitching rate
long-haul interswitching rate means a rate determined by the Agency in accordance with paragraph 134(1)(a); (Version anglaise seulement)
- service obligations
service obligations means obligations under section 113 or 114. (Version anglaise seulement)
- 1996, c. 10, s. 111
- 2018, c. 10, s. 22
Rates and Conditions of Service
Marginal note:Commercially fair and reasonable
112 A rate or condition of service established by the Agency under this Division must be commercially fair and reasonable to all parties.
Level of Services
Marginal note:Accommodation for traffic
113 (1) A railway company shall, according to its powers, in respect of a railway owned or operated by it,
(a) furnish, at the point of origin, at the point of junction of the railway with another railway, and at all points of stopping established for that purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;
(b) furnish adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;
(c) without delay, and with due care and diligence, receive, carry and deliver the traffic;
(d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic; and
(e) furnish any other service incidental to transportation that is customary or usual in connection with the business of a railway company.
Marginal note:Carriage on payment of rates
(2) Traffic must be taken, carried to and from, and delivered at the points referred to in paragraph (1)(a) on the payment of the lawfully payable rate.
Marginal note:Carriage on payment of levy
(2.1) If a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading.
Marginal note:Compensation for provision of rolling stock
(3) Where a shipper provides rolling stock for the carriage by the railway company of the shipper’s traffic, the company shall, at the request of the shipper, establish specific reasonable compensation to the shipper in a tariff for the provision of the rolling stock.
Marginal note:Confidential contract between company and shipper
(4) A shipper and a railway company may, by means of a confidential contract or other written agreement, agree on the manner in which the obligations under this section are to be fulfilled by the company.
- 1996, c. 10, s. 113
- 2015, c. 31, s. 8
- 2018, c. 10, s. 59(F)
Marginal note:Facilities for traffic
114 (1) A railway company shall, according to its powers, afford to all persons and other companies all adequate and suitable accommodation for receiving, carrying and delivering traffic on and from its railway, for the transfer of traffic between its railway and other railways and for the return of rolling stock.
Marginal note:Through traffic
(2) For the purposes of subsection (1), adequate and suitable accommodation includes reasonable facilities for the receiving, carriage and delivery by the company
(a) at the request of any other company, of through traffic and, in the case of goods shipped by carload, of the car with the goods shipped in it, to and from the railway of the other company, at a through rate; and
(b) at the request of any person interested in through traffic, of such traffic at through rates.
Marginal note:Connecting railway to reasonable facilities
(3) Every railway company that has or operates a railway forming part of a continuous line of railway with or that intersects any other railway, or that has any terminus, station or wharf near to any terminus, station or wharf of another railway, shall afford all reasonable facilities for delivering to that other railway, or for receiving from or carrying by its railway, all the traffic arriving by that other railway without any unreasonable delay, so that
(a) no obstruction is offered to the public desirous of using those railways as a continuous line of communication; and
(b) all reasonable accommodation, by means of the railways of those companies, is at all times afforded to the public for that purpose.
Marginal note:Similar facilities for truckers
(4) If a railway company provides facilities for the transportation by rail of motor vehicles or trailers operated by any company under its control for the conveyance of goods for hire or reward,
(a) the railway company shall offer to all companies operating motor vehicles or trailers for the conveyance of goods for hire or reward similar facilities at the same rates and on the same terms and conditions as those applicable to the motor vehicles or trailers operated by the company under its control; and
(b) the Agency may disallow any rate or tariff that is not in compliance with this subsection and direct the company to substitute a rate or tariff that complies with this subsection.
Marginal note:Adequate and suitable accommodation
115 For the purposes of subsection 113(1) or 114(1), adequate and suitable accommodation includes reasonable facilities
(a) for the junction of private sidings or private spurs with a railway owned or operated by a company referred to in that subsection; and
(b) for receiving, carrying and delivering traffic on and from private sidings or private spurs and placing cars and moving them on and from those private sidings or private spurs.
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