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1st Session, 38th Parliament,
53 Elizabeth II, 2004
senate of canada
An Act to amend the Canada Transportation Act (running rights for carriage of grain)
1996, c. 10
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 93(2) of the Canada Transportation Act is replaced by the following:
Variation when running rights granted
(2) The Agency may vary a certificate of fitness when
(a) it makes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate;
(b) it grants a right under section 138 to the holder of the certificate; or
(c) the Minister grants a right under section 138.1 to the holder of the certificate.
2. The Act is amended by adding the following after section 138:
Application by railway company respecting carriage of grain
138.1 (1) A railway company may apply to the Minister for the right to do the following in connection with the carriage or transportation of grain:
(a) take possession of, use or occupy any land belonging to any other railway company;
(b) use the whole or any portion of the right-of-way, tracks, terminals, stations or station grounds of any other railway company; and
(c) run and operate its trains over and on any portion of the railway of any other railway company.
Application may be granted
(2) The Minister may, having regard to the public interest in the efficient and economical movement of grain,
(a) after consulting with the Minister responsible for the Canadian Wheat Board, make an order granting a right referred to in subsection (1); and
(b) make any order and impose any conditions on either railway company respecting the exercise or restriction of the right as appear just or desirable to the Minister.
(3) The railway company shall pay compensation to the other railway company for the right granted and, if they do not agree on the compensation, the Minister may, by order, fix the amount to be paid.
Assistance by Agency
(4) The Agency shall assist the Minister in determining the amount of compensation to be paid under subsection (3) if requested to do so by the Minister.
Published under authority of the Senate of Canada
Canada Transportation Act
Clause 1: Subsection 93(2) reads as follows:
93. (2) The Agency may vary a certificate of fitness when it
(a) makes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate; or
(b) grants a right under section 138 to the holder of the certificate.
Clause 2: Section 138.1 is new.