Canada Transportation Act

Marginal note:Ceiling

• 150 (1) A prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year may not exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1).

• Marginal note:Payment of excess and penalty

  (2) If a prescribed railway company’s revenues, as determined by the Agency, for the movement of grain in a crop year exceed the company’s maximum revenue entitlement for that year as determined under subsection 151(1), the company shall pay out the excess amount, and any penalty that may be specified in the regulations, in accordance with the regulations.

• Marginal note:Items not included in revenue

  (3) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not include

  • (a) incentives, rebates or any similar reductions paid or allowed by the company;

  • (b) any amount that is earned by the company and that the Agency determines is reasonable to characterize as a performance penalty or as being in respect of demurrage or for the storage of railway cars loaded with grain;

  • (c) compensation for running rights;

  • (d) any amount that is earned by the company at the interswitching rate determined in accordance with section 127.1; or

  • (e) any amount that is earned by the company for the movement of grain in containers on flat cars.

• Marginal note:Impermissible reductions

  (4) For the purposes of this section, a prescribed railway company’s revenue for the movement of grain in a crop year shall not be reduced by amounts paid or allowed as dispatch by the company for loading or unloading grain before the expiry of the period agreed on for loading or unloading the grain.

• Marginal note:Reductions from revenue

  (5) For the purposes of this section, if the Agency determines that it was reasonable for a prescribed railway company to make a contribution for the development of grain-related facilities to a grain handling undertaking that is not owned by the company, the company’s revenue for the movement of grain in a crop year shall be reduced by any amount that the Agency determines constitutes the amortized amount of the contribution by the company in the crop year.

• Marginal note:Agency to determine revenue

  (6) The Agency shall make the determination of a prescribed railway company’s revenues for the movement of grain in a crop year on or before December 31 of the following crop year.