(a) the Secretary has reported to the Governor in
Council that there has been a failure to comply
with a notice served by him under section 68(2);
or
(b)
it appears to the Governor in Council that
(i) at any time prior to the discharge date,
the Road Company is in default; or
(ii) on or after the discharge date, the Road
Company or the Rail Company is in default,
the Governor in Council may direct the Secretary to serve a
notice under subsection (2).
(2) The notice referred to in subsection (1) shall -
(a)
if given in relation to a default arising before
the discharge date, be served on the persons
specified in section 68(2)(a); and