CONSOLIDATION

Discontinuance and Continuance of Proceedings Order, 1996

SOR/96-383

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Discontinuance and Continuance of Proceedings Order, 1996 1

Application

Discontinuance of Proceedings

Continuance of Proceedings

Repeal

Coming into Force

Current to June 20, 2022

ii

Registration SOR/96-383 July 10, 1996

CANADA TRANSPORTATION ACT Discontinuance and Continuance of Proceedings Order, 1996 P.C. 1996-1137

July 10, 1996

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 195(3) of the Canada Transportation Acta, hereby makes the annexed Discontinuance and Continuance of Proceedings Order, 1996.

a

S.C. 1996, c. 10

Current to June 20, 2022

Discontinuance and Continuance of Proceedings Order, 1996

Application 1 This Order applies to proceedings in respect of classes

of matters in respect of which no decision or order has been made by the National Transportation Agency before July 1, 1996.

Discontinuance of Proceedings 2 Proceedings in respect of the following classes of matters shall be discontinued: (a) the reconsideration under section 171 of the National Transportation Act, 1987 of any branch line abandonment application; (b) an application under section 232 of the National Transportation Act, 1987 for a permit to construct and operate a commodity pipeline; and (c) the review under section 256 of the National Transportation Act, 1987 of a proposed acquisition in a transportation undertaking.

Continuance of Proceedings 3 (1) Proceedings in respect of the following classes of

matters shall be continued in accordance with the provisions of the Canada Transportation Act: (a) a complaint under section 35 of the National

Transportation Act, 1987 in respect of a farm crossing referred to in section 215 of the Railway Act; (b) an exemption under section 70 of the National Transportation Act, 1987; (c) an application referred to in section 72 of the National Transportation Act, 1987 for a domestic licence; (d) the suspension or cancellation under section 75 of

the National Transportation Act, 1987 of a domestic licence;

Current to June 20, 2022

Discontinuance and Continuance of Proceedings Order, 1996 Continuance of Proceedings Section 3

(e) a complaint referred to in section 77 of the National Transportation Act, 1987 with respect to the failure of a licensee to comply with section 76 of that Act; (f) a complaint referred to in section 80 of the National Transportation Act, 1987 with respect to the imposition by a licensee of an unreasonable basic fare level or an unreasonable basic fare increase; (g) an application under section 88 of the National Transportation Act, 1987 for a scheduled international licence; (h) terms and conditions referred to in section 91 of the National Transportation Act, 1987; (i) the suspension or cancellation under section 92 of the National Transportation Act, 1987 of a scheduled international licence; (j) an application under section 94 of the National Transportation Act, 1987 for a non-scheduled international licence; (k) terms and conditions referred to in section 96 of the National Transportation Act, 1987; (l) the suspension or cancellation under section 97 of

the National Transportation Act, 1987 of a non-scheduled international licence; (m) liability insurance referred to in section 98 of the National Transportation Act, 1987; (n) an application in accordance with sections 111 to

132 of the Railway Act for the construction of a railway line, branch line or industrial spur; (o) a proceeding referred to in sections 201 to 204 of

the Railway Act; and (p) an application under section 326 of the Railway Act for leave to construct or maintain lines, wires, other conductors or other structures or appliances for telegraphic or telephonic purposes, or for the conveyance of power or electricity for other purposes.

(2) Proceedings in respect of the following classes of matters shall be continued in accordance with the provisions of the Railway Act as it read immediately before July 1, 1996: (a) an application or complaint under section 212 of the Railway Act in respect of drainage;

Current to June 20, 2022

Discontinuance and Continuance of Proceedings Order, 1996 Continuance of Proceedings Sections 3-5

(b) an approval under subsection 213(4) of the Railway Act of the character of works, specifications or plans in respect of drainage works; (c) an application for a farm crossing under section 216 of the Railway Act; and (d) a proceeding under section 230 of the Railway Act.

Repeal 4 [Repeal]

Coming into Force 5 This Order comes into force on July 10, 1996.

Current to June 20, 2022

