Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

433 Section 84 of the Act is replaced by the following:

• 434 (1) Subsection 130(1) of the Act is amended by adding the following after paragraph (o):

  • (o.1) respecting the fees, charges, costs and expenses — other than the fees referred to in paragraph (o) — to be paid in relation to the administration and enforcement of this Act;

• (2) Subsection 130(2) of the Act is replaced by the following:

  • Marginal note:Debt due to His Majesty

    (2) All fees set under paragraph (1)(o) and all fees, charges, costs and expenses to be paid under paragraph (1)(o.1) constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• (3) The portion of subsection 130(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Payment of fees, charges, costs or expenses

    (3) If a fee is imposed under paragraph (1)(o) or a fee, charge, cost or expense is to be paid under paragraph (1)(o.1)

• (4) Paragraphs 130(3)(a) to (c) of the English version of the Act are replaced by the following:

  • (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense;

  • (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense; and

  • (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense.

• (5) Section 130 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exemption by Minister

    (6) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any person or vessel, or class of persons or vessels, from the requirement to pay any fee, charge, cost or expense under regulations made under paragraph (1)(o.1) if, in the opinion of the Minister, it is in the public interest to do so. The Minister may also cancel such an exemption.

  • Marginal note:Statutory Instruments Act

    (7) An exemption made under subsection (6) and any cancellation of such an exemption are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

Coming into Force

Marginal note:Order in council

• 435 (1) Section 430 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (2).

• Marginal note:Order in council

  (2) Section 431 comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 221996, c.10Canada Transportation Act

Amendments to the Act

436 The Canada Transportation Act is amended by adding the following after section 6.1:

437 The Act is amended by adding the following after section 47:

438 The Act is amended by adding the following before the heading “Inquiries” before section 49:

• 439 (1) Section 50 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Efficiency of system

    (1.001) The Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system, when and in the form and manner that the regulations may specify, for the purposes of ensuring the proper functioning of the national transportation system or increasing its efficiency.

• (2) Subsection 50(3) of the Act is replaced by the following:

  • Marginal note:Restriction

    (3) No regulation made under subsection (1) or (1.001) shall require or have the effect of requiring any person to provide the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system with a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 53 of the Canada Marine Act.

• 440 (1) Subsection 51(1) of the Act is replaced by the following:

  Marginal note:Confidentiality of information — Minister or designated person

  • 51 (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided under this Act to the Minister or a person designated under section 6.11 is, when it is received by the Minister or the designated person, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173.

• (2) Subsection 51(2) of the Act is amended by adding the following after paragraph (a):

  • (a.1) the communication of information that is provided under regulations made under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system;

  • (a.2) the communication of information prescribed in the regulations to persons prescribed in the regulations;

• (3) Subsections 51(3) and (4) of the Act are replaced by the following:

  • Marginal note:Regulations

    (2.2) The Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2).

  • Marginal note:Safe and secure procedures

    (3) The Minister and any person designated under section 6.11 shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure.

  • Marginal note:Requirement for other persons to maintain confidentiality

    (4) Any person who receives from the Minister or a person designated under section 6.11 information that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.

441 Section 51.1 of the Act is replaced by the following:

442 The Act is amended by adding the following after section 51.4:

• 443 (1) Section 127 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Order — Prairies

    (2.1) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, the Agency may order

    • (a) one of the companies to interswitch the traffic; and

    • (b) the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.

• (2) Section 127 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Interswitching limits — Prairies

    (5) If the point of origin or destination of a continuous movement of traffic is in whole or in part in Manitoba, Saskatchewan or Alberta and is located within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange, a railway company must not transfer the traffic at the interchange except in accordance with the regulations and the interswitching rate.

  • Marginal note:Information — traffic

    (6) When providing the Minister with information under regulations made under paragraph 50(1.01)(a), the Canadian National Railway Company and the Canadian Pacific Railway Company are also required to provide the Minister, in the same form and manner, with the following information with respect to any traffic that is moved by a railway car in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5):

    • (a) an indication as to whether the point of origin or destination of the movement of the railway car was located within a radius of 30 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta;

    • (b) an indication as to whether the point of origin or destination of the movement of the railway car was within a radius of 160 km of an interchange that is in whole or in part in Manitoba, Saskatchewan or Alberta but outside a radius of 30 km of the interchange;

    • (c) an indication as to whether the railway car was moved by the railway company at the interswitching rate; and

    • (d) if possible, an indication as to whether the railway car was moved by another railway company at the interswitching rate.

  • Marginal note:Additional information

    (7) On request, a railway company must provide to the Minister, in the form and manner specified by the Minister, any of the information or documents that have been provided to the Agency under section 128.1 in order to permit the Minister to assess the effects of the application of subsections (2.1) and (5).