BC Rail Testimony on who authorized the indemnity clause of 9%. Could someone explain that again?

There's something troubling me on who authorized the 9% compounding interest rate on the $255 million indemnity clause in the sale of BC Rail, to the highest bidder.  Was it the Government, or BC Rail itself? 

British Columbia Railway Act

[RSBC 1996] CHAPTER 36

Waiver of approvals

53  Subject to section 52 (1), the company may, as part of any revitalization agreement or of any disposition referred to in section 52, do any of the following:

(a) sell the undertaking or any part of the railway of the company without seeking or obtaining the permission of the minister under section 29 (1) (d) of the Railway Act;

(b) dispose of any land or property of the company without seeking or obtaining the permission or approval of the minister under section 30 (c) of the Railway Act;

(c) dispose of or otherwise deal with all or any part of the company's undertaking, railway, property and assets without seeking or obtaining the permission or approval of the minister under section 31 (d) of the Railway Act;

(d) enter into an agreement to sell, convey or lease the railway and undertaking of the company, or to amalgamate with a company, as that term is defined in the Railway Act, without seeking or obtaining the minister's approval of the agreement under section 258 (3) of the Railway Act;

(e) give any guarantee contemplated by section 21 of this Act without seeking or obtaining the approval of the Lieutenant Governor in Council under that section;

(f) charge, pledge, deposit or otherwise deal with any securities as collateral security without seeking or obtaining the approval of the Lieutenant Governor in Council under section 7 of the British Columbia Railway Finance Act;

(g) give any guarantee or indemnity without seeking or obtaining any approval or assurance referred to in section 1.1 or 2 (2) of the Guarantees and Indemnities Regulation, B.C. Reg. 258/87.

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(g) without seeking or obtaining approval or assurance from this Act

Financial Administration Act

Guarantees and Indemnities Regulation

[includes amendments up to B.C. Reg. 18/2000]