Canada Transportation Act (S.C. 1996, c. 10)

Marginal note:Governor in Council may prevent disruptions

• 47. (1) Where the Governor in Council is of the opinion that

  • (a) an extraordinary disruption to the effective continued operation of the national transportation system exists or is imminent, other than a labour disruption,

  • (b) failure to act under this section would be contrary to the interests of users and operators of the national transportation system, and

  • (c) there are no other provisions in this Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the actual or anticipated damage caused by the disruption,

  the Governor in Council may, on the recommendation of the Minister and the minister responsible for the Bureau of Competition Policy, by order, take any steps, or direct the Agency to take any steps, that the Governor in Council considers essential to stabilize the national transportation system, including the imposition of capacity and pricing restraints.

• Marginal note:Minister may consult affected persons

  (2) Before recommending that an order be made under this section, the Minister may consult with any person who the Minister considers may be affected by the order.

• Marginal note:Order is temporary

  (3) An order made under this section shall have effect for no more than ninety days after the order is made.

• Marginal note:Order to be tabled in Parliament

  (4) The Minister shall cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made.

• Marginal note:Reference to Parliamentary Committee

  (5) Every order laid before Parliament under subsection (4) shall be referred for review to the Standing committee designated by Parliament for the purpose.

• Marginal note:Resolution of Parliament revoking order

  (6) Where a resolution directing that an order made under this section be revoked is adopted by both Houses of Parliament before the expiration of thirty sitting days of Parliament after the order is laid before both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day.

• Marginal note:Competition Act

  (7) Notwithstanding subsection 4(2), this section and anything done under the authority of this section prevail over the Competition Act.

• Marginal note:Offence

  (8) Every person who contravenes an order made under this section is guilty of an offence and liable on summary conviction

  • (a) in the case of an individual, to a fine not exceeding $5,000, and

  • (b) in the case of a corporation, to a fine not exceeding $100,000,

  for each day the person contravenes the order.