Transportation Modernization Act (S.C. 2018, c. 10)

71 Paragraphs 5.1(1)(a) and (b) of the Act are replaced by the following:

72 Paragraph 7(b) of the Act is replaced by the following:

1998, c. 10Canada Marine Act

73 Paragraph 25(a) of the Canada Marine Act is amended by adding the following after subparagraph (i):

74 The Act is amended by adding the following after section 26:

Transitional Provisions

Marginal note:Definition of Act

• 75 (1) In this section and in sections 76 to 81, Act means the Canada Transportation Act.

• Marginal note:Words and expressions

  (2) Unless the context otherwise requires, words and expressions used in sections 76 to 81 have the same meaning as in the Act.

Marginal note:Information — long-haul interswitching rate

• 76 (1) This section applies until the first regulation made under paragraph 50(1.01)(a) of the Act comes into force.

• Marginal note:Provision of information

  (2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report indicating the following information with respect to any traffic that is moved by a railway car:

  • (a) the name of the shipper;

  • (b) the name of the owner of the railway car;

  • (c) the letters and number that identify the railway car;

  • (d) an indication as to whether the railway car moves in a block that receives an incentive and if it is, the number of railway cars moved together as the block for which the incentive is received;

  • (e) an indication as to whether the railway car transports traffic that is, based on the rail origin, transferred from a truck or vessel, as defined in section 2 of the Canada Shipping Act, 2001, or, based on the rail destination, transferred to a truck or vessel;

  • (f) the date and time at which the movement of the railway car begins and ends;

  • (g) the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province or state in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;

  • (h) the standard transportation commodity code, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;

  • (i) if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the Association of American Railroads, Bureau of Explosives;

  • (j) an indication as to whether the rate that applies in respect of the movement of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;

  • (k) an indication as to whether a long‑haul interswitching rate applies in respect of the movement of the traffic;

  • (l) an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the movement of the traffic, and if so, the volume in respect of which the undertaking was made;

  • (m) the gross waybill revenue earned for the railway car and the number of miles in respect of which the revenue is derived;

  • (n) the portion of the gross waybill revenue earned by the class 1 rail carrier for the railway car and the number of miles in respect of which the portion is derived;

  • (o)  the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the railway car for the portion of the movement in Canada and the number of miles in respect of which the portion is derived;

  • (p) the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);

  • (q) an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;

  • (r) each type of train that the railway car is part of;

  • (s) the alphanumeric identification code of each train that the railway car is part of; and

  • (t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement of the railway car begins and ends and the distance travelled by the railway car.

• Marginal note:Time limit

  (3) The class 1 rail carrier shall provide the information described in subsection (2) on a monthly basis, no later than the last day of the month following the month to which the information relates.

• Marginal note:First report

  (4) No later than the last day of the month following the month in which this section comes into force, the class 1 rail carrier shall provide to the Minister a report described in subsection (2) for each month in the period that begins August 1, 2016 and that ends on the last day of the month in which this section comes into force.

• Marginal note:Deeming

  (5) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(a) of the Act.

Marginal note:Information — service and performance indicators

• 77 (1) This section applies until the first regulation made under paragraph 50(1.01)(b) of the Act comes into force.

• Marginal note:Information to be provided

  (2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report containing the information specified in paragraphs 1250.2(a)(1) to (8) of Title 49 of the United States Code of Federal Regulations as amended from time to time.

• Marginal note:Adaptations

  (3) For the purpose of subsection (2), the provisions of the United States Code of Federal Regulations are adapted as follows:

  • (a) a reference to “should” is to be read as “must”;

  • (b) unless the context requires otherwise, a reference to “railroad” is to be read as “class 1 rail carrier”;

  • (c) a reference to “state” is to be read as “province”;

  • (d) a reference to “dedicated train service” is to be read as “dedicated train program and fleet integration program”; and

  • (e) paragraph 1250.2(a)(7) is to be read without reference to “aggregated for the following STCCs: 01131 (barley), 01132 (corn), 01133 (oats), 01135 (rye), 01136 (sorghum grains), 01137 (wheat), 01139 (grain, not elsewhere classified), 01144 (soybeans), 01341 (beans, dry), 01342 (peas, dry) and 01343 (cowpeas, lentils, or lupines)”.

• Marginal note:Explanation

  (4) A class 1 rail carrier shall, in its first report, provide an explanation of the methodology it used to derive the data, including the definition of unit train used by the class 1 rail carrier. The definition of unit train shall be based on the class 1 rail carrier’s normal business practices. If the methodology changes, the class 1 rail carrier shall provide an updated explanation of its methodology in any subsequent report in which that methodology is used for the first time, including any updated definition of unit train.

• Marginal note:Time limit

  (5) The class 1 rail carrier shall provide the report for each period of seven days commencing on Saturday and ending on Friday, no later than five days after the last day of the period of seven days to which the information relates.

• Marginal note:First report

  (6) The first report that is to be provided by a class 1 rail carrier is to contain information related to the seven day period that commences on the first Saturday that follows the day on which this section comes into force.

• Marginal note:Deeming

  (7) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(b) of the Act.