PART IAdministration (continued)
Governor in Council
Directions to Agency
Marginal note:Policy directions
43 (1) The Governor in Council may, at the request of the Agency or of the Governor in Council’s own motion, issue policy directions to the Agency concerning any matter that comes within the jurisdiction of the Agency and every such direction shall be carried out by the Agency under the Act of Parliament that establishes the powers, duties and functions of the Agency in relation to the subject-matter of the direction.
Marginal note:Limitation on directions
(2) A direction issued under subsection (1) shall not affect a matter that is before the Agency on the date of the direction and that relates to a particular person.
Marginal note:Delay of binding effect
44 A direction issued under section 43 is not binding on the Agency until the expiration of the thirtieth sitting day of Parliament after the direction has been laid before both Houses of Parliament by or on behalf of the Minister, unless the direction has been previously laid before both Houses of Parliament in proposed form by or on behalf of the Minister and thirty sitting days of Parliament have expired after the proposed direction was laid.
Marginal note:Referral to committee
45 Where a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, it shall be referred without delay by that House to the committee of that House that it considers appropriate to deal with the subject-matter of the direction or proposed direction.
Marginal note:Consultation required
46 Before a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, the Minister shall consult with the Agency with respect to the nature and subject-matter of the direction or proposed direction.
Marginal note:Governor in Council may prevent disruptions
(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
(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.
48 [Repealed, 2018, c. 10, s. 7]
Marginal note:Minister may request inquiry
49 (1) The Minister may direct the Agency to inquire into any matter or thing concerning transportation to which the legislative authority of Parliament extends and report the findings on the inquiry to the Minister as and when the Minister may require.
(2) For greater certainty, sections 38 and 39 apply in respect of an inquiry.
Marginal note:Summary of findings
(3) The Agency shall make public a summary of its findings that does not include any confidential information.
- 1996, c. 10, s. 49
- 2018, c. 10, s. 8
Marginal note:Regulations re information
50 (1) 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 to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, when and in the form and manner that the regulations may specify, for the purposes of
Marginal note:Class 1 rail carrier
(1.01) The Governor in Council may make regulations requiring any class 1 rail carrier or class of those carriers to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister or Agency, when and in the form and manner that the regulations may specify, for the purposes of
Marginal note:Persons referred to
(1.1) The persons for the purposes of subsection (1) are
(b) owners or operators of
(c) providers of services in relation to transportation, including
(d) intermediaries involved in transportation movements who are specified in the regulations; and
(e) any other person or class of persons specified in the regulations.
Marginal note:Information to be provided
(2) Information that is required to be provided under this section may include the following:
(a) financial information;
(b) information respecting traffic and operations;
(c) fitness and ownership information; and
(d) information respecting the performance of air carriers and providers of services in relation to air transportation with regard to passenger experience and the quality of service.
(3) No regulation made under subsection (1) shall require or have the effect of requiring any person to provide the Minister 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.
(3.1) Subsection (3) does not apply in respect of a contract entered into under subsection 126(1) to the extent that the information is required for the purpose of monitoring the grain transportation and handling system.
Marginal note:Report on the monitoring of the grain transportation and handling system
(3.2) The Minister must prepare, within six months after the end of each crop year, a report on the monitoring of the grain transportation and handling system and cause the report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister prepares it, if the Minister
(4) The Minister may exempt a carrier or transportation undertaking from the application of all or any part of a regulation made under this section if the Minister is satisfied that it is not practicable for the carrier or transportation undertaking to provide the information.
(5) The Minister may consult with the Agency or Statistics Canada before making any regulation under this section.
- 1996, c. 10, s. 50
- 1998, c. 10, s. 163
- 1999, c. 31, s. 36(E)
- 2000, c. 16, s. 1
- 2007, c. 19, s. 8
- 2013, c. 31, s. 3(F)
- 2018, c. 10, s. 9
- Date modified: