(b) order any person to comply with a regulation under this Act or any decision or order of the Canadian Transportation Agency or the National Energy Board that is made pursuant to a direction given under this Act; and

R.S.C. 1970, c. E-11

Exchequer Court Act

223. (1) Subparagraph 26(1)(a)(i) of the Exchequer Court Act is replaced by the following:

      (i) at the instance of the Minister of Transport or at the instance of any creditor of any person or company owning or operating such railway or section, where such company has become insolvent or has for more than thirty days failed to efficiently continue the working or operating of the railway or section, or any part thereof, or has become unable to do so,

(2) Subsection 26(2) of the Act is replaced by the following:

Mortgages under Canada Transportatio n Act

(2) Nothing in this section in any way affects the power of a company to secure its bonds, debentures or other securities by a mortgage on its property, assets, rents and revenues, or with respect to the powers, privileges, preferences, priorities and restrictions otherwise authorized to be granted or imposed on the holders of those bonds, debentures or other securities.

224. Paragraph 27(1)(g) of the Act is replaced by the following:

    (g) if it has made any general conveyance or assignment of its property for the benefit of its creditors or if, being unable to meet its liabilities in full, it makes any sale or conveyance of the whole or the main part of its stock in trade or assets, without the consent of its creditors or without satisfying their claims, except that the taking possession of any railway or section thereof by trustees for bondholders by virtue of the powers contained in any mortgage deed made to secure the bondholders is not deemed to be a general conveyance, assignment, sale or conveyance within the meaning of this paragraph, or

R.S., c. E-15

Excise Tax Act

R.S., c. 28 (3rd Supp.), s. 287(1)

225. Paragraph (a) of the definition ``certified air carrier'' in section 8 of the Excise Tax Act is replaced by the following:

      (a) an air carrier who is authorized by the Canadian Transportation Agency under Part II of the Canada Transportation Act to operate a domestic service or an international service, and

R.S., c. 28 (3rd Supp.), s. 289(2)

226. Paragraph 21(f) of the Act is replaced by the following:

    (f) vary the requirements of section 20 with respect to returns and the time of remitting for licensed air carriers who are authorized by the Canadian Transportation Agency to operate international charter flights from Canada, or exempt those carriers from the provisions of that section with respect to returns, subject to such terms and conditions as the Governor in Council considers to be in the public interest;

R.S., c. E-17

Explosives Act

227. The definition ``vehicle'' in section 2 of the Explosives Act is replaced by the following:

``vehicle''
« véhicules »

``vehicle'' means any truck, automobile or other conveyance for use on land but does not include any vehicle running only on rails to which Part III of the Canada Transportation Act applies.

R.S., c. E-21

Expropriation Act

228. The Expropriation Act is amended by adding the following after section 4:

Request by railway company to expropriate

4.1 (1) Where a railway company, as defined in section 88 of the Canada Transportation Act, requires an interest in land for the purposes of its railway and has unsuccessfully attempted to purchase the interest in land, the railway company may request the Minister of Transport to have the Minister have the interest in land expropriated by the Crown in accordance with this Part.

Power of Minister

(2) The Minister shall have the interest in land expropriated by the Crown in accordance with this Part where

    (a) the Minister of Transport is of the opinion that the interest in land is required by the railway company for its railway and recommends to the Governor in Council that it be expropriated in accordance with this Part; and

    (b) the Governor in Council consents to the expropriation of the interest in land.

Deemed opinion

(3) If the Minister of Transport is of the opinion that the interest in land is required by the railway company for its railway, the Minister is deemed to be of the opinion that the interest in land is required by the Crown for a public work or other public purpose.

Charges for services

(4) The appropriate minister in relation to Part I of this Act may make regulations prescribing fees or charges to be paid by a railway company in respect of an expropriation referred to in subsection (2), and rates of interest payable in respect of those fees and charges.

Debt due to Her Majesty

(5) The fees or charges are a debt due to Her Majesty in right of Canada by the railway company, and shall bear interest at the prescribed rate from the date they are payable.

Security

(6) The Minister may require the company to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.

Vesting of interest in land

(7) For the purpose of this section, the reference to the Crown in section 15 shall be construed as a reference to the railway company that made a request under subsection (1).

Restriction on alienation

(8) Where an interest in land that was vested in the Crown before the expropriation vests in a railway company pursuant to section 15, the railway company may not alienate that interest except to transfer it to the Crown.

R.S., c. F-7

Federal Court Act

229. Paragraph 28(1)(k) of the Federal Court Act is replaced by the following:

    (k) the Canadian Transportation Agency established by the Canada Transportation Act;

Financial Administration Act

1992, c. 1, s. 72

229.1 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

National Transportation Agency

    Office national des transports

and the corresponding reference in column II to the ``Minister of Transport''.

229.2 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Canadian Transportation Agency

    Office des transports du Canada

and a corresponding reference in column II to the ``Minister of Transport''.

R.S., c. G-5

Government Employees Compensation Act

229.3 Subsection 4(4) of the Government Employees Compensation Act is repealed.

R.S., c. H-1

Harbour Commissions Act

230. Section 23 of the Harbour Commissions Act is replaced by the following:

Expropriation

23. (1) A Commission may, with the approval of the Governor in Council and in accordance with the Expropriation Act, expropriate an interest in land for the purposes of this Act where it is unable to agree with the owner respecting the price to be paid for the interest in land.

Notice to appropriate minister

(2) Where the Governor in Council approves an expropriation under subsection (1), the Commission shall so advise the appropriate minister in relation to Part I of the Expropriation Act.

Expropriation Act

(3) For the purposes of the Expropriation Act, an interest in land that the Governor in Council has approved the expropriation of under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the Commission.

Charges for services

(4) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by a Commission in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.

Debt due to Her Majesty

(5) The fees or charges are a debt due to Her Majesty in right of Canada by the Commission, and shall bear interest at the prescribed rate from the date they are payable.

Security

(6) The Minister may require the Commission to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.

R.S., c. 52 (4th Supp.)

Heritage Railway Stations Protection Act

231. Subsection 2(2) of the Heritage Railway Stations Protection Act is replaced by the following:

Part III of the Canada Transportatio n Act

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part III of the Canada Transportation Act.

232. Section 3 of the Act is replaced by the following:

Application

3. This Act applies to railway companies to which Part III of the Canada Transportation Act applies.

R.S., c. J-1

Judges Act

233. Subsection 56(2) of the Judges Act is replaced by the following:

Acting as statutory assessor or arbitrator

(2) Subsection (1) does not apply to judges acting as arbitrators or assessors of compensation or damages under any public Act, whether of general or local application, of Canada or of a province, whereby a judge is required or authorized without authority from the Governor in Council or lieutenant governor in council to assess or ascertain compensation or damages.

R.S., c. L-2

Canada Labour Code

234. The definition ``private constable'' in subsection 3(1) of the Canada Labour Code is replaced by the following:

``private constable''
« agent de police privé »

``private constable'' means a person appointed as a police constable under Part III of the Canada Transportation Act or as a police constable under the Canada Ports Corporation Act;

1989, c. 3, s. 45

235. Paragraph 127(2)(a) of the Act is replaced by the following:

    (a) an aircraft, a ship, rolling stock or a commodity pipeline, where the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act or the Canadian Transportation Accident Investigation and Safety Board Act; or

R.S., c. N-4

National Capital Act

236. Subsection 13(3) of the National Capital Act is replaced by the following:

Application of Part III of the Canada Transportatio n Act

(3) Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2).

R.S., c. N-7

National Energy Board Act

R.S., c. 28 (3rd Supp.), s. 299(1)

237. The definition ``pipeline'' in section 2 of the National Energy Board Act is replaced by the following:

``pipeline''
« pipeline »

``pipeline'' means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes;

237.1 Subsection 47(1) of the Act is replaced by the following:

Leave to open line

47. (1) No pipeline and no section of a pipeline shall be opened for the transmission of hydrocarbons or any other commodity by a company until leave to do so has been obtained from the Board.

1990, c. 7, s. 18

238. Paragraph 52(a) of the Act is replaced by the following:

    (a) the availability of oil, gas or any other commodity to the pipeline;

1990, c. 27, s. 23

239. Subsection 58.29(5) of the Act is amended by adding the word ``and'' at the end of paragraph (a) and by repealing paragraph (b).

1990, c. 27, s. 23

240. Subsection 58.3(2) of the Act is replaced by the following:

Exemptions

(2) The Minister of Transport may provide that leave under section 58.29 is not necessary if the power line is constructed across, on, along or under a navigable water or a railway, as the case may be, in accordance with the orders, regulations, plans and specifications made, adopted or approved by the Minister for those purposes.

241. Subsection 60(2) of the Act is replaced by the following:

Compliance

(2) Where gas or a commodity other than oil transmitted by a company through its pipeline is the property of the company, the company shall file with the Board, on the making thereof, true copies of all the contracts it may make for the sale of the gas or commodity and of any amendments from time to time made thereto, and the true copies so filed are deemed, for the purposes of this Part, to constitute a tariff pursuant to subsection (1).

242. The portion of subsection 69(1) of the Act after paragraph (b) is replaced by the following:

    whereby a person obtains transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in force, is guilty of an offence punishable on summary conviction.

243. (1) Subsection 70(1) of the Act is replaced by the following:

Contracts limiting liability of company

70. (1) Except as provided in this section, no contract, condition or notice made or given by a company impairing, restricting or limiting its liability in respect of the transmission of hydrocarbons or any other commodity relieves the company from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order or regulation of the Board.

(2) Subsection 70(3) of the Act is replaced by the following:

Terms and conditions

(3) The Board may prescribe the terms and conditions under which hydrocarbons or any other commodity may be transmitted by a company.

243.1 Subsections 71(2) and (3) of the Act are replaced by the following:

Orders for transmission of commodities

(2) The Board may, by order, on such terms and conditions as it may specify in the order, require the following companies to receive, transport and deliver, according to their powers, a commodity offered for transmission by means of a pipeline:

    (a) a company operating a pipeline for the transmission of gas; and