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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 VIGeneral (continued)

Administrative Monetary Penalties (continued)

Marginal note:Notices of violation

  •  (1) The Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.01) or (2.2), may

    • (a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and

    • (b) establish the form and content of notices of violation.

  • Marginal note:Powers of enforcement officers

    (2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).

  • Marginal note:Certification of designated persons

    (3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

  • Marginal note:Powers of designated persons

    (4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer under paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act or any of sections 60 to 62 of the Accessible Canada Act.

  • Marginal note:Assistance to enforcement officers

    (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act or any of sections 60 to 62 of the Accessible Canada Act.

  • 1996, c. 10, s. 178
  • 2007, c. 19, s. 50
  • 2013, c. 31, s. 13
  • 2014, c. 8, s. 10
  • 2015, c. 31, ss. 12, 38
  • 2018, c. 10, ss. 54, 96
  • 2019, c. 10, s. 174

Marginal note:Other powers — subsection 170(1) and Accessible Canada Act

  •  (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,

    • (a) open and examine any receptacle or package found in the place;

    • (b) examine anything found in the place;

    • (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;

    • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

    • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

    • (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

    • (g) use or cause to be used any copying equipment at the place to make copies of any document;

    • (h) take photographs and make recordings and sketches;

    • (i) order the owner or person having possession of any thing to which any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

    • (k) order any person in that place to establish their identity to the enforcement officer’s satisfaction; and

    • (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.

  • Marginal note:Means of telecommunication

    (2) For the purpose of the exercise, for the purpose referred to in subsection (1), of the power of entry conferred under subsection 178(2), an enforcement officer is considered to have entered a place when accessing it remotely by a means of telecommunication.

  • Marginal note:Limitation — place not accessible to the public

    (3) An enforcement officer who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

  • Marginal note:Accompanying individual

    (4) An enforcement officer may be accompanied by any other individual the officer believes is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (5) An enforcement officer and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

  • Marginal note:Assistance

    (6) The owner or other person in charge of a place entered by an enforcement officer for the purpose referred to in subsection (1) and every individual found in the place must give the enforcement officer all reasonable assistance in the individual’s power and provide the enforcement officer with any information that the enforcement officer may reasonably require.

  • 2019, c. 10, s. 175

Marginal note:Violations

  •  (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i).

  • (1.1) [Repealed, 2014, c. 8, s. 11]

  • Marginal note:How contraventions may be proceeded with

    (2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

  • Marginal note:Nature of violation

    (3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 1996, c. 10, s. 179
  • 2007, c. 19, s. 51(F)
  • 2014, c. 8, s. 11
  • 2019, c. 10, s. 176

Marginal note:Issuance of notice of violation

 If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue, and shall serve on the person, a notice of violation that names the person, identifies the violation and

  • (a) in the case of a contravention other than one referred to in paragraph (b), sets out the penalty for the violation that the person is liable to pay;

  • (b) in the case of a contravention of any provision of any regulation made under subsection 170(1) or a contravention of any of subsections 60(1) to (4) and (7), 61(1) to (3) and 62(1) to (3) and (6) of the Accessible Canada Act

    • (i) contains a warning, or

    • (ii) sets out the penalty for the violation that the person is liable to pay, and a lesser amount that may be paid in complete satisfaction of the amount of the penalty if paid within the time and in the manner set out in the notice; and

  • (c) sets out the particulars concerning the time for paying and the manner of paying the penalty, if there is one.

  • 1996, c. 10, s. 180
  • 2001, c. 29, s. 52
  • 2007, c. 19, s. 52
  • 2018, c. 10, s. 55
  • 2019, c. 10, s. 177

Marginal note:Options

  •  (1) Subject to subsections (2) and (3), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

  • Marginal note:Subsection 170(1) or Accessible Canada Act — warning

    (2) A person who has been served with a notice of violation that contains a warning may file with the Agency a written request for a review of the facts of the alleged contravention.

  • Marginal note:Subsection 170(1) or Accessible Canada Act  — penalty

    (3) A person who has been served with a notice of violation that identifies a violation referred to in subsection 177(3) and that sets out a penalty for the violation must

    • (a) pay the amount of the penalty — or the lesser amount — specified in the notice;

    • (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or

    • (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations or of the Accessible Canada Act to which the violation relates.

  • 2007, c. 19, s. 52
  • 2019, c. 10, s. 177
 
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