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

R.S., c. 35 (4th Supp.)Air Canada Public Participation Act

Marginal note:2000, c. 15, s. 17(1)

• 90 (1) Paragraphs 6(1)(b) and (c) of the Air Canada Public Participation Act are repealed.

• Marginal note:2001, c. 35, ss. 1(2) and (3)

  (2) Subsections 6(2) and (3) of the Act are repealed.

• Marginal note:2000, c. 15, s. 17(2)

  (3) Subsections 6(6) to (7) of the Act are replaced by the following:

  • Marginal note:Definition of aircraft

    (6) In this section, aircraft has the same meaning as in subsection 3(1) of the Aeronautics Act.

2009, c. 2Budget Implementation Act, 2009

91 Parts 14 and 15 of the Budget Implementation Act, 2009 are repealed.

2014, c. 8Fair Rail for Grain Farmers Act

92 Subsection 5.1(2) of the Fair Rail for Grain Farmers Act is repealed.

93 Subsection 8(2) of the Act is repealed.

94 Subsection 15(1) of the Act is replaced by the following:

Coordinating Amendments

Marginal note:2014, c. 8

• 95 (1) In this section, other Act means the Fair Rail for Grain Farmers Act.

• (2) If subsection 5.1(2) of the other Act comes into force before section 92 of this Act, then:

  • (a) that section 92 is deemed never to have come into force and is repealed;

  • (b) subsection 23(4) of this Act is deemed never to have come into force and is repealed; and

  • (c) subsection 116(4) of the Canada Transportation Act is amended by adding the following after paragraph (c):

    • (c.1) order the company to compensate any person adversely affected for any expenses that they incurred as a result of the company’s failure to fulfil its service obligations or, if the company is a party to a confidential contract with a shipper that requires the company to pay an amount of compensation for expenses incurred by the shipper as a result of the company’s failure to fulfil its service obligations, order the company to pay that amount to the shipper;

• (3) If subsection 5.1(2) of the other Act comes into force on the same day as section 92 of this Act, then that subsection 5.1(2) and that section 92 are deemed never to have come into force and are repealed.

• (4) On the first day on which both subsection 7(2) of the other Act and subsection 26(1) of this Act are in force, subsections 127(2) and (3) of the Canada Transportation Act are replaced by the following:

  • Marginal note:Order

    (2) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, the Agency may order

    • (a) one of the companies to interswitch the traffic; and

    • (b) the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.

  • Marginal note:Interswitching limits

    (3) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km of an interchange, a railway company shall not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate.

• (5) On the first day on which both subsection 7(2) of the other Act and section 29 of this Act are in force,

  • (a) paragraph 129(3)(a) of the Canada Transportation Act is replaced by the following:

    • (a) if the point of origin or destination that is served exclusively by the local carrier is within a radius of 30 km of an interchange in Canada that is in the reasonable direction of the shipper’s traffic and its destination;

  • (b) paragraph 135(1)(a) of the Canada Transportation Act is replaced by the following:

    • (a) for the first 30 km, the rate is to be the interswitching rate; and

• (6) If subsection 8(2) of the other Act comes into force before section 93 of this Act, then

  • (a) that section 93 is deemed never to have come into force and is repealed;

  • (b) section 169.31 of the Canada Transportation Act is amended by adding the following after subsection (1):

    • Marginal note:Regulations

      (1.1) The Agency may make regulations specifying what constitutes operational terms for the purposes of paragraphs (1)(a) to (c).

  • (c) this Act is amended by adding the following after section 81:

    Marginal note:Revival of regulations — operational terms

    81.1 The Regulations on Operational Terms for Rail Level of Services Arbitration, except sections 6 and 7 of those regulations, as they read immediately before the day on which subsection 8(2) of the Fair Rail for Grain Farmers Act comes into force, are revived and are deemed to be regulations made under subsection 169.31(1.1) of the Canada Transportation Act as amended by this Act.

• (7) If subsection 8(2) of the other Act comes into force on the same day as section 93 of this Act, then that subsection 8(2) and that section 93 are deemed never to have come into force and are repealed.

• (8) If subsections (2) and (6) or subsections (3) and (7) apply, then section 94 is deemed never to have come into force and is repealed.

Marginal note:2015, c. 31

• 96 (1) In this section, other Act means the Safe and Accountable Rail Act.

• (2) On the first day on which both section 54 of this Act is in force and subsection 38(2) of the other Act has produced its effects, the portion of subsection 178(1) of the Canada Transportation 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) or (2.2), may

• (3) On the first day on which both section 58 of this Act is in force and subsection 38(3) of the other Act has produced its effects, subsection 180.8(2) of the Canada Transportation Act is replaced by the following:

  • Marginal note:Delegation by Minister

    (2) In the case of a violation referred to in subsection 177(2), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.

Marginal note:Bill C-25

• 97 (1) Subsections (2) to (4) apply if Bill C-25, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act (in this section referred to as the other Act), receives royal assent.

• (2) If section 111 of the other Act comes into force before section 86 of this Act, on the day on which section 86 comes into force, paragraph 47(3)(a) of the Competition Act is replaced by the following:

  • (a) an agreement or arrangement that is entered into or a submission that is arrived at only by parties each of which is, in respect of every one of the others, an affiliate; or

• (3) If section 86 of this Act comes into force before section 111 of the other Act, then:

  • (a) that section 111 is deemed never to have come into force and is repealed; and

  • (b) paragraph 47(3)(a) of the Competition Act is replaced by the following:

    • (a) an agreement or arrangement that is entered into or a submission that is arrived at only by parties each of which is, in respect of every one of the others, an affiliate; or

• (4) If section 111 of the other Act comes into force on the same day as section 86 of this Act, then that section 111 is deemed to have come into force before that section 86 and subsection (2) applies as a consequence.