c-14.1, r. 1 - Regulation respecting rail transportation

Updated to 1 April 2018

This document has official status.

chapter C-14.1, r. 1

Regulation respecting rail transportation

Railway Act

(chapter C-14.1, s. 38).

The fees prescribed in the Regulation have been indexed as of 1 April 2018 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 10 March 2018, page 156. (ss. 10, 11)

DIVISION 1 INFORMATION AND DOCUMENTS

1. To obtain a certificate of competence, a rail carrier shall provide the Commission des transports du Québec with the following information and documents:

(1)  the carrier’s name, the address of the carrier’s domicile or head office and, where applicable, the addresses of the carrier’s establishments;

(2)  where the rail carrier is a legal person, its constituting act, a list of its directors and officers, a copy of the act authorizing the filing of the application and the name and address of any other legal person that it controls or that controls it;

(3)  a description of the railway or part thereof on which the rail carrier will carry on its activities, including the profile of the railway line, the type of rails, the maximum loads authorized on the railway and structures and the maximum speeds authorized on the railway, the type of protection at level crossings and the proposed traffic and communications system;

(4)  a location plan of the railway to a scale that makes it possible to locate, according to kilometre markers or mile markers, the beginning and end of the railway, the municipalities through which it passes, the depots and stations, buildings and structures, sidings, grade crossings and level crossings;

(5)  where all or part of the railway is not owned by the rail carrier, a declaration by the owner confirming the existence of an agreement with the owner that authorizes the carrier to use the owner’s railway and that specifies which part of the railway is covered by the agreement and the term of the agreement;

(6)  the latest report on the condition of the railway; and

(7)  a description of the proposed rail transportation services that indicates, for each type of service proposed, whether the service is permanent, seasonal or daily and the proposed number of trains per day.

O.C. 1434-94, s. 1.

DIVISION 2 CIVIL LIABILITY INSURANCE

2. The minimum amount of civil liability insurance that a rail carrier must hold is $5,000,000. Notwithstanding the foregoing, that amount shall be not less than $10,000,000, where the rail carrier transports hazardous substances and not less than $20,000,000, where the rail carrier offers passenger transportation services to the public.

No deductible shall exceed $500,000.

O.C. 1434-94, s. 2.

DIVISION 3 PROOF OF SOLVENCY

3. Proof of solvency may consist of suretyship where such proof is intended to stand in lieu of a certificate of civil liability insurance.

Such proof may be valid only for a period of not more than 2 years.

O.C. 1434-94, s. 3.

4. Suretyship shall be provided by a chartered bank or trust company that holds a permit from the enterprise registrar to carry on its activities in Québec.

O.C. 1434-94, s. 4.

5. The contract of suretyship shall be valid for the entire duration of the exemption. It shall include an undertaking by the surety to give at least 30 days’ written notice to the Commission before terminating the contract.

O.C. 1434-94, s. 5.

6. The surety shall guarantee payment for any final judgment against the rail carrier for any damage caused in the course of railway activities during the period of validity of the contract, up to a maximum of $5,000,000, per event. Notwithstanding the foregoing, that amount shall be not less than $10,000,000, where the rail carrier transport hazardous substances and not less than $20,000,000, where the rail carrier offers passenger transportation services to the public.

O.C. 1434-94, s. 6.

7. A rail carrier shall file with the Commission an attestation by the surety and a copy of the contract of suretyship.

O.C. 1434-94, s. 7.

DIVISION 4 CONDITIONS GOVERNING THE ESTABLISHMENT OF A TARIFF

8. The tariff established upon the request of a shipper shall include a full description of the rail transportation service requested.

O.C. 1434-94, s. 8.

9. The tariff shall contain all applicable conditions, its period of validity and, where applicable, the terms and conditions for its renewal.

O.C. 1434-94, s. 9.

DIVISION 5 FEES PAYABLE TO THE COMMISSION

10. The fees prescribed for the issue of a certificate of competence are $5,438.

O.C. 1434-94, s. 10.

11. The fees prescribed for mediation are $109 per hour of mediation.

O.C. 1434-94, s. 11.

11.1. The fees provided for in this Regulation are adjusted by operation of law on 1 April of each year by the rate provided for in section 83.3 of the Financial Administration Act (chapter A-6.001). The rate may not be lower than zero.

The Regulation respecting the rounding off of adjusted fees (chapter A-6.001, r. 0.1) applies to the adjustment, with the necessary modification.

The Commission publishes the result of the adjustment of the fees in the Gazette officielle du Québec.

O.C. 1280-2011, s. 1.

DIVISION 6 FINAL

12. (Omitted).

O.C. 1434-94, s. 12.

TRANSITIONAL

2011

(O.C. 1280-2011) ARTICLE 5. For the purposes of section 83.4 of the Financial Administration Act (chapter A-6.001), on 1 January 2012, the fees provided for in the Regulation respecting rail transportation (chapter C-14.1, r. 1) are presumed to have been set on 29 December 2011.

REFERENCES

O.C. 1434-94, 1994 G.O. 2, 4072

S.Q. 2002, c. 45, a. 536

O.C. 1280-2011, 2011 G.O. 2, 3665A