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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

PART IAdministration (continued)

Minister

 [Repealed, 2018, c. 10, s. 7]

Inquiries

Marginal note:Minister may request inquiry

  •  (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.

  • Marginal note:Powers

    (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

Transportation Information

Marginal note:Regulations re information

  •  (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

    • (a) national transportation policy development;

    • (b) reporting under section 52;

    • (c) operational planning;

    • (d) any safety, security or subsidy program;

    • (e) any infrastructure requirement;

    • (e.1) monitoring the grain transportation and handling system; or

    • (f) the administration of this Act.

  • 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

    • (a) determining the long-haul interswitching rate referred to in paragraph 134(1)(a); and

    • (b) communicating service and performance indicators to the public.

  • Marginal note:Persons referred to

    (1.1) The persons for the purposes of subsection (1) are

    • (a) carriers;

    • (b) owners or operators of

      • (i) transportation undertakings,

      • (ii) transportation works, infrastructure, facilities or assets, and

      • (iii) grain handling undertakings;

    • (c) providers of services in relation to transportation, including

      • (i) the Canadian Air Transport Security Authority,

      • (ii) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and

      • (iii) Pilotage Authorities named in the schedule to the Pilotage Act;

    • (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.

  • Marginal note:Restriction

    (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.

  • Marginal note:Limitation

    (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

    • (a) makes a regulation under paragraph (1)(e.1); and

    • (b) uses or communicates the information provided under the regulation for the purpose of monitoring the grain transportation and handling system.

  • Marginal note:Exemptions

    (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.

  • Marginal note:Consultations

    (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

Marginal note:Externally produced documents

  •  (1) A regulation made under subsection 50(1) or (1.01) may incorporate by reference any document that is produced by a person or body other than the Minister.

  • Marginal note:Type of incorporation by reference

    (2) A document may be incorporated by reference either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility of incorporated document

    (3) The Minister must ensure that a document that is incorporated by reference is accessible.

  • Marginal note:No finding of guilt or administrative sanction

    (4) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to that person.

  • Marginal note:No registration or publication

    (5) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • 2013, c. 31, s. 4
  • 2018, c. 10, s. 10

Marginal note:Existing power not limited

 For greater certainty, an express power in this Act to incorporate by reference does not limit the power that otherwise exists to incorporate by reference in a regulation made under this Act.

  • 2013, c. 31, s. 4

Marginal note:Information already provided

 For the purposes of subsection 50(1) or (1.01), if any information referred to in that subsection has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister.

  • 2007, c. 19, s. 9
  • 2018, c. 10, s. 11
 
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