Vic Althouse

[Canada Transportation Act, March 25th, 1996]

Agreed.

Motions Nos. 71, 74, 75, 76, 77, 78, 79, 80 agreed to.

[Canada Transportation Act, March 22nd, 1996]

moved:

Motion No. 10

That Bill C-14 be amended by adding after line 6, on page 18, the following new Clause:

"49.1 (1) Where the government of a province requests information a ) relative to the costs of a railway company in respect of the transportation services and operations of that company, or b ) relative to the costs of the company in moving specified commodities generally or between specified points, the Minister may, in writing, request the company to furnish the Minister with the information in such manner and to such extent as the Minister may specify.

(2) The Minister may, on receipt of the information requested by the Minister from the company, release the information to the government of the province that requested it, if that government has undertaken to treat the information as confidential."

Motion No. 11

That Bill C-14 be amended by adding after line 6, on page 18, the following new Clause:

"49.2 Where the Minister considers it expedient to do so in the public interest, the Minister may, in writing, request a railway company to furnish the Minister with such information concerning its costs as the Minister may specify."

Motion No. 12

That Bill C-14 be amended by adding after line 6, on page 18, the following new Clause:

"49.3 (1) Subject to this section and subsection 49.1(2), no person shall knowingly publish or allow to be published, or communicate or allow to be communicated to any person, any information provided under section 49.1 or released under section 49.2.

(2) Subsection (1) does not apply so as to prohibit the communication of information to a ) a minister of the Crown in right of Canada or any province, or b ) an officer or employee of Her Majesty in right of Canada or any province who is required in the course of his duties to receive the information referred to in that subsection.

(3) Any information furnished under section 49.1 or 49.2 that is relevant to any proceedings under this Act may, for the purposes of those proceedings, be published or communicated by the government of the province to which it was released pursuant to section 49.1, or by the Minister."

Motion No. 13

That Bill C-14 be amended by adding after line 6, on page 18, the following new Clause:

"49.4 (1) A railway company to whom a request is made by the Minister under section 49.1 or 49.2 shall forthwith comply with that request.

(2) Where a railway company to whom a request is made by the Minister under section 49.1 or 49.2 fails to comply with that request, the Minister may, without prejudice to any penalty to which the company may be liable under this Act, exercise all the powers referred to in this Act to obtain that information."

Mr. Speaker, these motions require making information readily available to the ministers of transport in the provinces where changes to the rail system may occur.

I believe this makes some sense. The information has to be available as soon as the railway has made the decision to abandon. It allows for discussion within the province and allows for planning to get the alternative transportation modes in place with the provinces and the municipalities. It is something that might happen without it being required if the public relations department of the railway thinks it is important but it would be much better if it was required to happen.

[Canada Transportation Act, March 22nd, 1996]

Mr. Speaker, I also had a motion similar to Motion No. 6 to pull section 27 out of the bill. I do not believe it has served users very well.

When the bill was introduced the minister at the time said that the old transport bill had been too much in the interest of shippers and that this piece of legislation would be the railways bill.

With the inclusion of section 27 it may not only be the railways bill but also perhaps the legal professions and negotiators bill. The activities will go on, meeting the requirements of section 27, to identify what a lot of those words mean, words that are not now identified in the bill or in the section describing what words mean. There is no mention of what the words commercial harm or substantial commercial harm mean. Yet that is the basis on which the agency is required to intervene on behalf of a shipper with the new wording of section 27(2).

Some of the shippers made it quite clear in a press release yesterday that sections 27(2) and (3) of Bill C-14 will significantly hinder the ability of shippers to use the shipper protections of the bill. They said the spirit of Bill C-14 is to create a more market oriented, efficient transportation system. "We strongly support that", said the president of the Alberta Wheat Pool, Alec Graham, "however, clauses 27(2) and 27(3) fly in the face of the whole purpose of the legislation".

The grain shippers made it abundantly clear that these sections would not increase competitiveness or financial viability of the railways and would not do anything for the shippers except impose extensive, expensive and lengthy legal battles over what is subjective language.

Given that, I suggest we spend a fair bit of time on this and that government members pause before bringing this one to a vote. The new minister has perhaps not had a chance to do the amount of background work and research necessary for him to make a decision on this. This should not be proceeded with at the moment. We should pause the debate at this stage and bring it forward after the weekend so that the minister can again have a chance to revisit this and to pay further attention to the concerns of shippers.

[Canada Transportation Act, March 22nd, 1996]

Mr. Speaker, I rise on a new point of order. Perhaps I was not clear enough. The reason the House granted the member the right to additional remarks was for him to clarify the position on main lines. He has not once mentioned main lines and I-

[Canada Transportation Act, March 22nd, 1996]

Mr. Speaker, I rise on a point of order. The House granted the hon. member the right to explain why he opposed the inclusion of main lines in the legislation. He has not once mentioned main lines. He has dealt with branch lines. He has not fulfilled the promise in his remarks. I suggest we should move on or have him get to the topic.

[Canada Transportation Act, March 22nd, 1996]

Mr. Speaker, I rise to support the concept that drives all of the motions which are before the House in this grouping, namely that the act should apply to main lines equally as it applies to branch lines. The abandonment of a main line would fall under the same requirements of the abandonment of a branch line.

This was a shortcoming in the previous act. Had the previous act recognized that railways may someday want to abandon main lines, the motion today by my hon. friend from Saint John would not have been required because no one foresaw that the main line to her region was in fact abandoned. No one had taken that into account and the act ignored the problem.

I am from the province of Saskatchewan which is crossed by four main line railways. The farmers and shippers who use those main lines would like to have some assurance that the railways could not just willy-nilly abandon those main lines, that they would have to submit to some sort of process.

These rather detailed amendments do in fact outline a process which would require those railways before abandonment to show their costs and their losses. They would have to make a case for why they think they have to abandon these lines. Those numbers would be made public so that the shippers and users of those lines would have access to them in trying to make their case for maintaining the line to the agency which will make the final decision.

With regard to the one or two amendments that refer to provinces and provincial governments being involved, you are darn right they have to be involved, Mr. Speaker. They are the ones who are going to have to pick up the slack and pay for the cost of the highways and the road system to take the place of the abandoned railway.

I make no apologies for having those requirements in there. I think the concept of railways wanting to abandon main lines is for some reason in a state of denial in this place, in spite of the fact that pieces of main lines have been abandoned and are being considered for abandonment and resale. I hope most members of the House will agree that those requirements of railways for abandoning stretches of a main line should be precisely the same requirements as we put them through when they abandon a branch line.

Just because the government members and the Department of Transport are in a state of denial saying that railways will never abandon main lines does not mean it should not be in the bill. I note the case by the member for Saint John where a main line was abandoned. There have been proposals to abandon slices of main line in northern Ontario. There are proposals to abandon here and there. We have service across the prairie region for collecting grain of four main lines.

When we look at any of the maps into the future, most of the railways are considering having to abandon some of those main lines. If they are going to be doing that, then the restrictions on abandoning a main line should at least be equivalent to the restrictions applied to abandoning a branch line.

I cannot see why some of the members would go into a state of denial by simply putting forward the same requirements for abandoning a piece of main line as we already have accepted for a number of years should apply to abandoning a branch line.

I would hope that those members who have already stated their position would reconsider. They are doing the communities served by what are known now as main lines a disservice if Bill C-14, the bill that will guide the transportation future of this country does not contain such clauses.

[Canada Transportation Act, March 22nd, 1996]

moved:

Motion No. 28

That Bill C-14, in Clause 139, be amended by replacing lines 7 to 15, on page 64, with the following:

"Council's own initiative, b ) after consultation with the minister of transportation in the provinces that will be affected, and; c ) after any investigation that the Governor in Council considers necessary, request two or more railway companies to consider the joint or common use of a right-of-way if the Governor in Council is of the opinion that its joint or common use may improve the efficiency and effectiveness of rail transport, of municipal land use or of road transportation and would not unduly impair the''.

Motion No. 29

That Bill C-14, in Clause 140, be amended by replacing lines 36 and 37, on page 64, with the following: a ) a main line; b ) a yard track, siding or spur; or c ) other track auxiliary to a railway line''.

Motion No. 30

That Bill C-14, in Clause 141, be amended by replacing lines 11 and 12, on page 65, with the following:

"of company located in the vicinity of each of the lines identified in the plan".

Motion No. 32

That Bill C-14, in Clause 142, be amended by adding after line 29, on page 65, the following:

"(3) Where the Agency determines that a branch line or a segment thereof is economic or that, although a branch line or segment is uneconomic, there is a reasonable probability of its becoming economic in the foreseeable future, the Agency shall, within six months after the application for the abandonment is received by the Agency, order that the operation of the branch line or segment be abandoned, unless it determines that the operation of the branch line or segment is required in the public interest.

(4) In determining whether the operation of a branch line or a segment thereof is required in the public interest, the Agency shall consider all matters that in its opinion are relevant to the public interest, including, without limiting the generality of the foregoing: a ) the actual losses, if any, that are incurred by the railway company in the operation of the branch line or segment; b ) the alternative transportation facilities available or likely to be available in the area served by the branch line or segment, including those proposed to be made available by the applicant, and the ability of those facilities to meet the needs of shippers located in that area; c ) the extent to which the applicant would be prepared to provide and support alternative transportation facilities in lieu of operating the branch line or segment; d ) whether it would be more economic to use alternative transportation facilities in the area served by the branch line or segment; e ) the period of time reasonably required for the purpose of adjusting any facilities that are wholly or partly dependent on the services provided by the branch line or segment with the least disruption to the economy of the area served thereby; f ) the probable effect on other lines and other carriers and on the transportation system generally of the abandonment of the operation of the branch line or segment on different dates; g ) the economic effect of the abandonment of the operation of the branch line or segment on the communities and area served by the branch line; h ) the feasibility of maintaining the branch line or segment as an operating line by changes in the method of operation or by inter-connection with other lines of the company; i ) the feasibility of maintaining the branch line or segment as an operating line, either jointly with or as part of the system of another company, by the sale or lease of the line or segment to another company or by the exchange of operating or running rights between companies or otherwise, including, where necessary, the construction of connecting lines with the lines of other companies; and j ) the existing and potential resources of the area served by the branch line or segment, seasonal restrictions on other forms of transportation in the area and the probable future transportation needs of the area.''

Motion No. 39

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"Division VI

Applications for Abandonment of Operation of Railway Lines

146.1 (1) No railway company shall abandon the operation of a main line, otherwise than pursuant to an order of the Agency made under this Division on the application of the company.

(2) For greater certainty, subsection (1) does not apply in respect of a yard track, siding or spur, or other track auxiliary to a railway line."

Motion No. 40

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.2(1) Subject to subsection (3), a railway company shall, not less than ninety days before making an application to the Agency for the abandonment of the operation of a main line, give notice to the Agency that it intends to make the application.

(2) A notice referred to in subsection (1) shall be given in the prescribed form and manner to the Agency and to the prescribed persons or classes of persons and shall be accompanied by a ) a statement of costs and revenues of the company attributable to the main line in each of the prescribed financial years of the company; and b ) a statement setting out the amount of traffic moving over the line in each of those years.

(3) An application to abandon the operation of a main line shall be made in the prescribed form and manner and shall be accompanied by a ) a statement of costs and revenues of the company attributable, directly or indirectly, to the main line in each of the prescribed financial years of the company; and b ) a statement setting out the amount of traffic moving over the line in each of those years.

(4) Notice of an application accompanied by the statements of costs, revenues and traffic referred to in subsection (3) shall be given by the railway company in the prescribed form and manner to the prescribed persons or classes of persons.

(5) Notwithstanding subsections (2) to (4) the Agency may, in respect of a particular application, direct that notice of the proposed application or of the application be given a ) in a form or manner other than the prescribed form and manner; b ) only to such persons or classes as the Agency considers appropriate; or

(c) to persons or classes of persons other than prescribed persons or classes of persons."

Motion No. 41

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.3 Any person may oppose an application to abandon the operation of a main line by filing with the Agency, not more than sixty days after the date of the notice given under subsection 146.2(4), a written statement setting forth the grounds, related to the statements referred to in paragraphs (3)( a ) and (3)( b ), on which that person opposes the application.''

Motion No. 42

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.4 Where an application is not opposed under section 146.3, and no offer to purchase the main line is made within the period mentioned in that section, the Agency shall forthwith order that the operation of the main line be abandoned."

Motion No. 43

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.5(1) Where an application is opposed under section 149, the Agency shall a ) review the statement of costs and revenues accompanying the applications and all other documents, facts and figures that in its opinion are relevant in making the determination referred to in paragraph ( b ); b ) determine the amount of actual loss, if any, of the railway company attributable to the main line in each of the prescribed financial years; and c ) cause such public notice of the determination made under paragraph ( b ) and of the principal factors applied in making that determination to be given as the Agency considers appropriate.

(2) In performing its duties under subsection (1), the Agency may refuse to give the company that made the application an opportunity to make further submissions with respect to the matters mentioned in that subsection."

Motion No. 44

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.6 The Agency shall, after publication of the notice referred to in subsection 146.2(1) and after holding such hearings, if any, as are required in its opinion to enable all persons who wish to do so to present their views on the abandonment of the operation of the main line, including, where applicable, their views respecting the matters to be considered under section 146.9 to determine a ) whether the main line and segment thereof, where the Agency considers that a separate determination ought to be made in respect of the segment are economic or uneconomic; and b ) whether there is a reasonable probability of the main line and any segment thereof in respect of which a separate determination is made under paragraph ( a ) becoming economic in the foreseeable future, if it is uneconomic, or c ) whether the continued operation of the main line or a segment is required in the public interest.''

Motion No. 45

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.7 (1) Where the Agency determines that ( a ) a main line or segment thereof is uneconomic and that there is no reasonable probability of its becoming economic; and ( b ) the main line is not required in the public interest, no later than six months after the application for the abandonment is received by the Agency, the Agency shall order that the operation of the main line or segment be abandoned

(2) The Governor in Council may, by order made on the application of a shipper, of municipal or provincial governemnt or an agent thereof, vary the date fixed in an order made under subsection ( a ) as varied by any previous order made under this subsection, before that date by fixing a later date, not later than the day that is five years after the date of the order made under subsection (1) or that of the last variation order made under this subsection, whichever day last occurs, where the Governor in Council considers that a ) the actual losses, if any, that have been incurred by the railway company in the operation of the main line or segment; b ) the abandonment of the operation of the line or segment would have a significant impact on a large region of Canada; c ) the abandonment of the operation of the line or segment would have a major impact on shippers; or d ) there is a lack of adequate alternative transportation facilities in the area served by the line or segment.''

Motion No. 46

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.8 Notwithstanding that the Agency has determined that a main line or a segment thereof is economic or that there is a reasonable probability that the line or segment will become economic in the foreseeable future, it shall not order that the operation of a main line or segment be abandoned when it has determined that the operation of the line or segment is required in the public interest."

Motion No. 47

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.9 In determining whether the operation of a main line or a segment thereof is required in the public interest, the Agency shall consider all matters that in its opinion are relevant to the public interest, including, without limiting the generality of the foregoing. a ) the actual losses, if any, that have been incurred by the railway company in the operation of the main line or segment; b ) the alternative transportation facilities available or likely to be available in the area served by the main line or segment, including those proposed to be made available by the applicant, and the ability of those facilities to meet the needs of shippers located in that area; c ) the extent to which the applicant would be prepared to provide and support alternative transportation facilities in lieu of operating the main line or segment; d ) whether it would be more economical to use alternative transportation facilities in the area served by the main line or segment; e ) the period of time reasonably required for the purpose of adjusting any facilities that are wholly or partly dependent on the services provided by the main line or segment with the least disruption to the economy of the area served thereby; f ) the probable effect on other lines and other carriers and on the transportation system generally of the abandonment, on different dates, of the operation of the main line or segment; g ) the economic effect of the abandonment of the operation of the main line or segment on the communities and area served by the branch line; h ) the feasibility of maintaining the main line or segment as an operating line by changes in the method of operation through the interconnection with other lines of the company; i ) the feasibility of maintaining the main line or segment as an operating line, either jointly with or as part of the system of another company, by the sale or lease of the line or segment to another company or by the exchange of operating or running rights between companies or otherwise, including, where necessary, the construction of connecting lines with the lines of other companies; j ) the existing and potential resources of the area served by the main line or segment, seasonal restrictions on other forms of transportation in the area and the probable future transportation needs of the area.''

Motion No. 48

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.10 (1) In making an order under section 146.4, 146.7 or 146.8 for the abandonment of the operation of a main line or segment thereof, the Agency shall fix a ) a date that is one year after the date for the abandonment, where VIA Rail Canada Inc. operates a passenger service on the branch line or segment or the branch line or segment is identified in a plan of VIA Rail Canada Inc., approved by the Governor in Council, for the proposed development or expansion of its passenger service as being required for the implementation of the plan; or b ) in any other case, such date for the abandonment as it considers to be in the public interest.

(2) A date fixed under paragraph (1)( b ) shall not be less than thirty days or more than one year after the date of the order.

(3) Where a date for the abandonment of the operation of a main line or segment has been fixed under paragraph (1)( a ), VIA Rail Canada Inc. may, within six months after the date of the order, require the railway company that operates the main line or segment to transfer it to VIA Rail Canada Inc. on the date fixed, in return for the payment by VIA Rail Canada Inc. of such amount as is agreed on by VIA Rail Canada Inc. and the railway company or, where no such agreement is reached before that date, of an amount that represents no more than the net salvage value of the main line or segment.

(4) VIA Rail Canada Inc. shall, forthwith after requiring the transfer of a main line or a segment under subsection (3), notify the Agency that it has done so.

(5) Where VIA Rail Canada Inc. requires the transfer of a main line or a segment under subsection (3), the railway company that operates the main line or segment shall, on the date fixed under paragraph (1)( a ), as varied under section 41 or subsection 146.7(2) or 146.12(2), transfer the main line or segment to VIA Rail Canada Inc.

(6) Where VIA Rail Canada Inc. and the railway company do not agree (before the date fixed under paragraph (1)( a )) on the amount to be paid, the Agency shall within forty-five days after receiving a request by VIA Rail Canada Inc. or the railway company, determine the net salvage value of the main line or segment.

(7) VIA Rail Canada Inc. shall, forthwith after the transfer of the main line or segment or the making of a determination under subsection (6), whichever is the later date, pay the amount agreed on or the amount determined to be the net salvage value of the line or segment, as the case may be.

(8) Subsection (5) does not apply where the order for abandonment is rescinded under subsection 146.12(1).

(9) Where a main line or segment is transferred by a railway company under subsection (5): a ) the railway company shall cease to have any obligations under this or any other Act of Parliament in respect of the operation of the line or segment; b ) VIA Rail Canada Inc. shall have no obligations under this or any other Act of Parliament in respect of the carriage of goods on the line or segment; c ) the line or segment shall be declared to be a work for the general advantage of Canada; and d ) VIA Rail Canada Inc. may, notwithstanding subsection 146.1(1), abandon the operation of the main line or segment, where operation of the passenger service is discontinued or the main line or segment is no longer identified in a plan described in paragraph (1)( a ) as being required for the implementation of the plan.''

Motion No. 49

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.11(1) Where the Agency determines that the operation of a main line or a segment thereof is required in the public interest, it shall, within six months after the application for the abandonment is received by the agency a ) where the main line or segment is economic, dismiss the application in whole or as to that segment, and b ) where the main line or segment is uneconomical but there is a reasonable probability of its becoming economical in the foreseeable future, order that the operation of the main line or segment be abandoned.

(2) The dismissal under subsection (1) of an application by a railway company is without prejudice to the right of the company to make another application for the abandonment of the operation of a branch line or segment."

Motion No. 50

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.12(1) In making a determination under section 146.6 and in determining whether the operation of a main line or a segment thereof is required in the public interest, the Agency may a ) hear applications as a group, on dates fixed by the Agency, for the abandonment of the operation of railway lines that are situated in the same area or adjoining areas as determined by the Agency; b ) require any company, other than the company making the application, that operates one or more railway lines in an area, as determined by the Agency, in which at least one main line with respect to which an application has been made is located, to furnish to the Agency, for such of its lines in the area as the Agency may specify, figures, for such years and in such form as the Agency may specify, a statement setting out the amount of traffic moving over the lines; and c ) without limiting its power to consider applications in any order that the Agency considers appropriate, require a company that has made more than one application for abandonment to specify the order in which it desires the Agency to consider the applications.

(2) The Agency shall treat as confidential all information provided to it pursuant to a requirement under paragraph (1)( b ), other than information relating to the main line in respect of which an application for abandonment has been made.''

Motion No. 51

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.13(1) At least once every five years after an application for the abandonment of the operation of a main line has been received by the Agency, it shall reconsider the application in accordance with this section, and shall determine the actual loss directly or indirectly attributable to the main line in accordance with subsection 146.5(1). a ) the operation of the main line has not been abandoned; b ) the application has not been dismissed under subsection 146.9; c ) the main line has not been transferred to VIA Rail Canada Inc. under subsection 146.10(5).

(2) The Agency shall give notice of the reconsideration in the prescribed form and manner to the prescribed persons or classes of persons that it proposes.

(3) Notwithstanding subsection (2) and any regulations made under section 146.17, the Agency may, in respect of a particular application, give notice that it proposes to reconsider an application a ) in a form or manner other than the prescribed form and manner; b ) only to such persons or classes of persons as the Agency considers appropriate; or c ) to persons or classes of persons other than prescribed persons or classes of persons.

(4) Sections 146.3 to 146.10 and this section apply in respect of the reconsideration of every application in the same way that they apply in respect of an application made under section 146.2."

Motion No. 52

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.14(1) The Agency may rescind an order that the operation of a branch line or segment thereof be abandoned, only a ) before the date for abandonment fixed therein; and b ) with the concurrence of the railway company that operates the line or segment; and

(2) The Agency may vary the date fixed in an order for the abandonment of the operation of a main line or segment thereof before that date only by fixing a later date that is within two years after the date of the order for the abandonment and is not later than one year after the later of the date of the order for the abandonment and the last variation order, if any."

Motion No. 53

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.15(1) An offer to purchase a main line or a segment thereof for a price, which shall not be more than the net salvage value of the line or segment, may be made to the railway company that operates the line or segment by any other railway company that is authorized to operate the line or segment, in order to continue to operate it, during the period beginning on the date on which the company that operates the line or segment gives notice under section 146.2 that it proposes to make an application for the abandonment of the operation of the line and ending where the application is not opposed under section 146.3, on the expiration of the period mentioned in section 146.3 and, where the application is so opposed, on the date of the order that the operation of the line be abandoned.

(2) Every railway company that makes an offer under subsection (1) shall forthwith file a copy of the offer with the Agency.

(3) Where an offer has been made under subsection (1) in respect of a main line or a segment thereof, the Agency may, after holding such hearings, if any, as are in its opinion required to enable all persons who wish to do so to present their views on the transfer of the line or segment, make an order to transfer.

(4) An order under subsection (3) shall provide that the price to be paid by the company making the offer to the company operating the line for the line or segment will be a ) the amount that is agreed to by the companies; or b ) where there is no such agreement, no more than the net salvage value of the line or segment, as determined by the Agency.

(5) If, pursuant to an order under subsection (3), a main line or segment operated by one railway company is transferred to another railway company a ) the railway company that operated the line or segment ceases to have any obligations under this or any other Act of Parliament in respect of the operation of the line or segment; b ) if the railway company to which the line or segment is transferred is within the legislative authority of Parliament,

(i) that railway company shall be deemed to have assumed all the obligations under this or any other Act of Parliament in respect of the operation of the line or segment, and

(ii) the line or segment shall continue to be a main line for the purposes of this Division, even though it is a subsidiary, secondary, local or feeder line of that railway company; c ) if there is, at the time of the transfer, an agreement between the railway company that operated the line or segment and VIA Rail Canada Inc. in respect of the operation of a rail passenger service on the line or segment,

(i) the rights and obligations under the agreement of the railway company that operated the line or segment in respect of the operation of that service vest in the railway company to which the line or segment is transferred and continue, as amended by agreement between VIA Rail Canada Inc. and the company to which the line or segment is transferred, until the operation of the line or segment is abandoned or the operation of the service is discontinued, and

(ii) the line or segment is hereby declared to be a work for the general advantage of Canada; d ) where the railway company to which the line or segment is transferred is not within the legislative authority of Parliament and there is not at the time of the transfer an agreement described in paragraph ( c ) in respect of the line or segment, any declaration that the line or segment is a work for the general advantage of Canada ceases to have effect; and e ) the application, if any, for the abandonment of the operation of the line or segment is thereby discontinued in whole or as to that segment.

(6) The declaration referred to in subparagraph (5)( c )(ii) ceases to have effect in respect of a line or segment on the abandonment of the operation of the line or segment or on the discontinuance of the operation of the rail passenger service on the line or segment.

(7) Where the Agency determines under subsection (3) that the transfer of the main line or a segment thereof to the company making the offer would not be in the public interest, the Agency shall give notice of that determination to that company and the company operating the line."

Motion No. 54

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.16 Every railway company shall abandon the operation of a branch line or a segment thereof on the date fixed in an order made under section 146.4 or 146.7, as varied under section 41 or subsection 146.7 (2) or section 146.14, unless the order is rescinded under section 41 or subsection 146.11."

Motion No. 55

That Bill C-14 be amended by adding after line 39, on page 68, the following new Clause:

"146.17 The Agency may, with the approval of the Governor in Council, make regulations a ) modifying, to such extent as the Agency deems necessary, the provisions of any of sections 146.2 to 146.14 so as to make those provisions applicable to the abandonment of the operation of main lines of railway; b ) prescribing the form and manner of making applications for the abandonment of the operation of lines and the procedure to be followed in dealing with those applications; c ) prescribing financial years for the purposes of section 160 and the time with reference to which those years are to be determined; d ) prescribing the form and manner of giving notice for the purposes of sections 146.2 and 146.11; e ) prescribing persons or classes of persons for the purposes of sections 146.2 and 146.11; f ) generally for carrying out the purposes and provisions of this Division.''

[Canada Transportation Act, March 22nd, 1996]

moved:

Motion No. 2

That Bill C-14, in Clause 6, be amended by adding after line 3, on page 4, the following:

""main line" means a railway line in Canada of a railway company under the legislative authority of Parliament that, relative to all other railway lines within the company's railway system in Canada, provides the primary means of moving goods from one or more provinces to one or more provinces."

[Canada Transportation Act, March 22nd, 1996]

Mr. Speaker, it is proposed to amend this clause in two places, essentially where prescriptions for requiring railways providing transportation services to people are written. According to the way the bill is now presented it takes into consideration the special needs of people with special disabilities.

I have proposed to add the words "and the elderly", because it is not always easy to describe the problems that come with age: being slower, not able to make such long steps. There are special requirements that are caused as a result in loading and unloading of conveyances.

For that reason I thought it would be appropriate to include the needs of elderly persons as something of which providers of transportation would have to be kept aware.

I note that most of the airlines now do that to a certain extent. Elderly persons are loaded in advance but there is no requirement in the act. As the act is now written there is nothing requiring them to do this other than the exigencies of the market.

If we are going to draw attention to providers of service into perpetuity which this act will have the affect of doing, we should mention that it is a requirement of the Government of Canada for providers of those transportation services to keep the needs of elderly persons at the top of their order of priorities, along with the needs of people with special disabilities.

[Canada Transportation Act, March 22nd, 1996]

moved:

Motion No. 1

That Bill C-14, in Clause 5, be amended by replacing lines 17 and 18, on page 3, with the following:

"persons, including elderly persons and persons with disabilities,".

Motion No. 69

That Bill C-14, in Clause 170, be amended by replacing line 21, on page 81, with the following:

"bility of elderly persons and persons with disabilities, including".