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TRAN Committee Report

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Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts
In accordance with its Order of Reference of Monday, June 19, 2017, your Committee has considered Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts, and agreed on Tuesday, October 3, 2017, to report it with the following amendments:

Clause 13

That Bill C-49, in Clause 13, be amended by replacing line 19 on page 6 with the following:

“two days after it is received.”

Clause 14

That Bill C-49, in Clause 14, be amended

(a) by replacing lines 19 and 20 on page 8 with the following:

“(3) Unless a notice is withdrawn or is deemed to have been withdrawn under section 53.8, the Commissioner shall make public a summary of the conclusions of the report that does not include any confidential information.”

(b) by replacing line 13 on page 9 with the following:

“der subsection (7), render a final decision and make public a summary of that decision that does not include any confidential information. The Minister”

(c) by replacing line 26 on page 9 with the following:

“tion, vary or rescind the terms and conditions and shall make public a summary of that decision that does not include any confidential information.”

(d) by replacing line 27 on page 9 with the following:

“53.76 (1) The parties to an authorized arrangement may”

(e) by adding after line 37 on page 9 the following:

“(2) If the Minister authorizes the amendment under paragraph (1)(a), he or she shall make public a summary of that decision that does not include any confidential information.”

Clause 20

That Bill C-49, in Clause 20, be amended by replacing line 29 on page 16 with the following:

“(a) to the east by longitude 121.21° W,”

Clause 29

That Bill C-49, in Clause 29, be amended by adding after line 42 on page 23 the following:

“(4) For the purpose of paragraph (3)(b), an interchange located in the metropolitan area of Montreal is deemed to be the nearest interchange and to be located outside the Quebec–Windsor corridor if

(a) the point of origin of the movement of the shipper’s traffic is located in Quebec and north of the Quebec-Windsor corridor;

(b) the shipper has access to the lines of only one class 1 rail carrier at the point of origin; and

(c) the nearest interchange is located in the Quebec–Windsor corridor.”

That Bill C-49, in Clause 29, be amended by replacing lines 14 to 17 on page 29 with the following:

“its list only after the expiry of 120 days after it

(a) has published a notice of its intention to do so on its Internet site or the Internet site of an association or other entity representing railway companies; and

(b) has sent a copy of the notice to the Agency.

(3) For greater certainty, the removal of an interchange under subsection (2) does not relieve a railway company from its service obligations.”

New Clause 60.1

That Bill C-49 be amended by adding after line 34 on page 41 the following new clause:

“60.1 (1) Despite sections 173 to 176 of the Canada Business Corporations Act, CN’s directors may amend its articles in accordance with the amendment set out in section 60.

(2) When the directors amend the articles under subsection (1), they shall send the articles of amendment to the Director in accordance with section 177 of the Canada Business Corporations Act.

(3) The following definitions apply in this section.

CN has the same meaning as in subsection 2(1) of the CN Commercialization Act. (CN)

Director has the same meaning as in subsection 2(1) of the Canada Business Corporations Act. (directeur)”

Clause 77

That Bill C-49, in Clause 77, be amended by replacing line 28 on page 55 with the following:

“five days after the last day of the period of seven”

Clause 98

That Bill C-49, in Clause 98, be amended by replacing lines 26 and 27 on page 65 with the following:

“(7) Section 77 comes into force 180 days after the day on which this Act receives”

Your Committee has ordered a reprint of Bill C-49, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 67 to 70 and 74) is tabled.