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

Act current to 2019-11-19 and last amended on 2019-07-11. Previous Versions

Electronic Administration and Enforcement (continued)

Marginal note:Provision of information

 For the purposes of sections 6.4 and 6.5, providing information includes

  • (a) making an application, request or decision;

  • (b) giving notice; and

  • (c) submitting a document.

  • 2019, c. 29, s. 214

Marginal note:Conditions for electronic version

 For the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if

  • (a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and

  • (b) any other condition that is provided for in regulations made under paragraph 6.5(a) is met.

  • 2019, c. 29, s. 214

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the application of sections 6.2 and 6.4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;

  • (b) setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means;

  • (c) authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and

  • (d) respecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received.

  • 2019, c. 29, s. 214

PART IAdministration

Canadian Transportation Agency

Continuation and Organization

Marginal note:Agency continued

  •  (1) The agency known as the National Transportation Agency is continued as the Canadian Transportation Agency.

  • Marginal note:Composition of Agency

    (2) The Agency shall consist of not more than five members appointed by the Governor in Council, and such temporary members as are appointed under subsection 9(1), each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • Marginal note:Chairperson and Vice-Chairperson

    (3) The Governor in Council shall designate one of the members appointed under subsection (2) to be the Chairperson of the Agency and one of the other members appointed under that subsection to be the Vice-Chairperson of the Agency.

  • 1996, c. 10, s. 7
  • 2001, c. 27, s. 221
  • 2007, c. 19, s. 3
  • 2015, c. 3, s. 30(E)

Marginal note:Term of members

  •  (1) Each member appointed under subsection 7(2) shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council.

  • Marginal note:Reappointment

    (2) A member appointed under subsection 7(2) is eligible to be reappointed on the expiration of a first or subsequent term of office.

  • Marginal note:Continuation in office

    (3) If a member appointed under subsection 7(2) ceases to hold office, the Chairperson may authorize the member to continue to hear any matter that was before the member on the expiry of the member’s term of office and that member is deemed to be a member of the Agency, but that person’s status as a member does not preclude the appointment of up to five members under subsection 7(2) or up to three temporary members under subsection 9(1).

  • 1996, c. 10, s. 8
  • 2007, c. 19, s. 4
  • 2015, c. 3, s. 31(E)

Marginal note:Temporary members

  •  (1) The Minister may appoint temporary members of the Agency from the roster of individuals established by the Governor in Council under subsection (2).

  • Marginal note:Roster

    (2) The Governor in Council may appoint any individual to a roster of candidates for the purpose of subsection (1).

  • Marginal note:Maximum number

    (3) Not more than three temporary members shall hold office at any one time.

  • Marginal note:Term of temporary members

    (4) A temporary member shall hold office during good behaviour for a term of not more than one year and may be removed for cause by the Governor in Council.

  • Marginal note:No reappointment

    (5) A person who has served two consecutive terms as a temporary member is not, during the twelve months following the completion of the person’s second term, eligible to be reappointed to the Agency as a temporary member.

Marginal note:Members — conflicts of interest

  •  (1) A member appointed under subsection 7(2) shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise,

    • (a) be engaged in a transportation undertaking or business; or

    • (b) have an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, unless the distribution is merely incidental to the general merchandising of goods.

  • Marginal note:Temporary members may not hold other office

    (2) During the term of office of a temporary member, the member shall not accept or hold any office or employment that is inconsistent with the member’s duties under this Act.

  • Marginal note:Disposal of conflict of interest

    (3) If an interest referred to in subsection (1) vests in a member appointed under subsection 7(2) for the benefit of the member by will or succession, the member shall, within three months after the vesting, absolutely dispose of the interest.

  • 1996, c. 10, s. 10
  • 2015, c. 3, s. 32(E)

Remuneration

Marginal note:Remuneration

  •  (1) A member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Each member is entitled to be paid reasonable travel and living expenses incurred by the member in carrying out duties under this Act or any other Act of Parliament while absent from the member’s ordinary place of work.

Marginal note:Members — retirement pensions

  •  (1) A member appointed under subsection 7(2) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Temporary members not included

    (2) A temporary member is deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

  • Marginal note:Accident compensation

    (3) For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, a member is deemed to be an employee in the federal public administration.

  • 1996, c. 10, s. 12
  • 2003, c. 22, ss. 224(E), 225(E)
  • 2015, c. 3, s. 33(E)

Chairperson

Marginal note:Duties of Chairperson

 The Chairperson is the chief executive officer of the Agency and has the supervision over and direction of the work of the members and its staff, including the apportionment of work among the members and the assignment of members to deal with any matter before the Agency.

Marginal note:Absence of Chairperson

 In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has all the powers and shall perform all the duties and functions of the Chairperson.

Marginal note:Absence of both Chairperson and Vice-Chairperson

 The Chairperson may authorize one or more of the members to act as Chairperson for the time being if both the Chairperson and Vice-Chairperson are absent or unable to act.

 
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