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

Act current to 2019-08-28 and last amended on 2019-07-11. Previous Versions

PART IAdministration (continued)

Canadian Transportation Agency (continued)

Quorum

Marginal note:Quorum

  •  (1) Subject to the Agency’s rules, two members constitute a quorum.

  • Marginal note:Quorum lost because of incapacity of member

    (2) Where a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before rendering a decision and quorum is lost as a result, the Chairperson may, with the consent of all the parties to the hearing,

    • (a) if the incapacity or death occurs during the hearing, authorize another member to continue the hearing and render a decision, or

    • (b) if the incapacity or death occurs after the conclusion of the hearing, authorize another member to examine the evidence presented at the hearing and render a decision,

    and in either case, the quorum in respect of the matter is deemed never to have been lost.

  • Marginal note:Quorum not lost because of incapacity of member

    (3) Where a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing and quorum is not lost as a result, another member may be assigned by the Chairperson to participate in the hearing and in the rendering of a decision.

Rules

Marginal note:Rules

 The Agency may make rules respecting

  • (a) the sittings of the Agency and the carrying on of its work;

  • (b) the manner of and procedures for dealing with matters and business before the Agency, including the circumstances in which hearings may be held in private; and

  • (c) the number of members that are required to hear any matter or perform any of the functions of the Agency under this Act or any other Act of Parliament.

Head Office

Marginal note:Head office

  •  (1) The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Residence of members

    (2) The members appointed under subsection 7(2) shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines.

  • 1996, c. 10, s. 18
  • 2007, c. 19, s. 5
  • 2008, c. 21, s. 61

Staff

Marginal note:Secretary, officers and employees

 The Secretary of the Agency and the other officers and employees that are necessary for the proper conduct of the business of the Agency shall be appointed in accordance with the Public Service Employment Act.

Marginal note:Technical experts

 The Agency may appoint and, subject to any applicable Treasury Board directive, fix the remuneration of experts or persons who have technical or special knowledge to assist the Agency in an advisory capacity in respect of any matter before the Agency.

Records

Marginal note:Duties of Secretary

  •  (1) The Secretary of the Agency shall

    • (a) maintain a record in which shall be entered a true copy of every rule, order, decision and regulation of the Agency and any other documents that the Agency requires to be entered in it; and

    • (b) keep at the Agency’s office a copy of all rules, orders, decisions and regulations of the Agency and the records of proceedings of the Agency.

  • Marginal note:Entries in record

    (2) The entry of a document in the record referred to in paragraph (1)(a) shall constitute the original record of the document.

Marginal note:Copies of documents obtainable

 On the application of any person, and on payment of a fee fixed by the Agency, the Secretary of the Agency or, in the absence of the Secretary, the person assigned by the Chairperson to act in the absence shall issue under the seal of the Agency to the applicant a certified copy of any rule, order, regulation or any other document that has been issued by the Agency.

Marginal note:Judicial notice of documents

  •  (1) Judicial notice shall be taken of a document issued by the Agency under its seal without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Evidence of deposited documents

    (2) A document purporting to be certified by the Secretary of the Agency as being a true copy of a document deposited or filed with or approved by the Agency, or any portion of such a document, is evidence that the document is so deposited, filed or approved and, if stated in the certificate, of the time when the document was deposited, filed or approved.

Powers of Agency

Marginal note:Policy governs Agency

 The powers, duties and functions of the Agency respecting any matter that comes within its jurisdiction under an Act of Parliament shall be exercised and performed in conformity with any policy direction issued to the Agency under section 43.

Marginal note:Agency powers in general

 The Agency has, with respect to all matters necessary or proper for the exercise of its jurisdiction, the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders or regulations and the entry on and inspection of property, all the powers, rights and privileges that are vested in a superior court.

Marginal note:Power to award costs

  •  (1) Subject to subsections (2) to (4), the Agency has all the powers that the Federal Court has to award costs in any proceeding before it.

  • Marginal note:Costs may be fixed or taxed

    (2) Costs may be fixed in any case at a sum certain or may be taxed.

  • Marginal note:Payment

    (3) The Agency may direct by whom and to whom costs are to be paid and by whom they are to be taxed and allowed.

  • Marginal note:Scale

    (4) The Agency may make rules specifying a scale under which costs are to be taxed.

Marginal note:Compelling observance of obligations

 The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.

Marginal note:Relief

  •  (1) The Agency may grant the whole or part of an application, or may make any order or grant any further or other relief that the Agency considers appropriate.

  • (2) and (3) [Repealed, 2008, c. 5, s. 1]

  • Marginal note:Amendments

    (4) The Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it.

  • (5) [Repealed, 2008, c. 5, s. 1]

  • 1996, c. 10, s. 27
  • 2008, c. 5, s. 1
  • 2018, c. 10, s. 4(E)

Marginal note:Orders

  •  (1) The Agency may in any order direct that the order or a portion or provision of it shall come into force

    • (a) at a future time,

    • (b) on the happening of any contingency, event or condition specified in the order, or

    • (c) on the performance, to the satisfaction of the Agency or a person named by it, of any terms that the Agency may impose on an interested party,

    and the Agency may direct that the whole or any portion of the order shall have force for a limited time or until the happening of a specified event.

  • Marginal note:Interim orders

    (2) The Agency may, instead of making an order final in the first instance, make an interim order and reserve further directions either for an adjourned hearing of the matter or for further application.

Marginal note:Time for making decisions

  •  (1) The Agency shall make its decision in any proceedings before it as expeditiously as possible, but no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension or this Act or a regulation made under subsection (2) provides otherwise.

  • Marginal note:Period for specified classes

    (2) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its decision in respect of such classes of proceedings as are specified in the regulation.

 
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