Bill C-46 · 39th Parliament · Stephen Harper
Railway Continuation Act, 2007
An Act to provide for the resumption and continuation of railway operations
Government bill. Became law.
- IntroducedFeb. 23, 2007
- Debated in principleApril 17, 2007
- Studied by a committeeDone
- Passed its first chamberApril 17, 2007
- Passed the second chamberApril 17, 2007
- Became lawApril 18, 2007
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Gerald J. Comeau (Deputy Leader of the Government)Senate · Sponsor in the Senate
- Jean-Pierre Blackburnstates the government has a duty to act with back-to-work legislation when the economy is affected.
- Don BellHe states outright that he backs the legislation despite separate safety worries.
- Brian FitzpatrickHe defends CN's ownership structure and market-driven pay against critics of the bill.
- Chris WarkentinHe stresses the urgent need to resume rail operations for farmers facing financial hardship.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
That the Bill be now read a second time and referred to the Standing Committee on Human Resources · 2007-04-17 · Passed
How it changed on the way
45% of the text as introduced was changed or removed by the time it became law (2,003 words introduced, 1,993 passed).
moderate changeintent broadened
The passed Act added the BC Rail agreement to the definition of collective agreements and expanded the union definition to cover any certified trade union. These additions broadened the bill's reach while preserving its core back-to-work and arbitration framework.
- Union definition was broadened beyond the United Transportation Union.
Before: “"union" means the United Transportation Union.”
After: “"union" means the United Transportation Un- ion, or any other trade union certified by the Canada Industrial Relations Board to represent the employees.”
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Moderate
The Act uses exact dates, dollar fines, 90-day deadlines and explicit strike bans that leave little room for argument. A few subjective phrases and broad ministerial choices still create pockets of uncertainty.
Open to argument
“a person that the Minister considers appropriate”
The appointment standard is purely subjective and invites disputes over suitability.“with any modifications that the circumstances require”
This clause lets the arbitrator alter statutory powers without an objective test.“take all reasonable steps to ensure”
The duty on the union rests on an undefined reasonableness standard.
Clear-cut
“liable, for each day or part of a day during which the offence continues, to a fine of not more than $”
Daily maximum fines are fixed and objective.“within 90 days after being appointed, or within any greater period that may be specified by the Minister”
The base timeline is numeric and clear even though the Minister may extend it.“This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to”
The commencement rule is mechanical and leaves no interpretive gap.
Discretion. The Minister alone decides who the arbitrator is and may lengthen the 90-day period without statutory criteria.
Challenging the law itself. Section 12 bars court review of the arbitrator and the Act’s back-to-work purpose makes a successful vagueness or Charter s. 2(d) challenge unlikely on the text alone.
Disputing a charge under it. Clear daily fines and strike bans are easy to prove, but the phrases “reasonable steps” and “modifications that the circumstances require” could be contested.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.