PART IIIRailway Transportation (continued)
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:
(2) [Repealed, 2007, c. 19, s. 31]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(4) [Repealed, 2007, c. 19, s. 31]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106 [Repealed, 2018, c. 10, s. 21]
107 [Repealed, 2018, c. 10, s. 21]
108 [Repealed, 2018, c. 10, s. 21]
109 [Repealed, 2018, c. 10, s. 21]
110 [Repealed, 2018, c. 10, s. 21]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
(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
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.
- Date modified: