Canada Transportation Act

Marginal note:Entering into compliance agreements

• 180.62 (1) After considering a request made under paragraph 180.1(3)(c) or (4)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may

  • (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Agency, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the amount of the penalty.

• Marginal note:Deeming

  (2) A person who enters into a compliance agreement is, on doing so, deemed to have committed the contravention in respect of which the compliance agreement was entered into.

• Marginal note:Notice of compliance

  (3) If the Agency is satisfied that a person who has entered into a compliance agreement has complied with it, the Agency shall cause a notice of compliance to be provided to the person and, once it is provided,

  • (a) no further proceedings under this Part shall be taken against the person in respect of the contravention; and

  • (b) any security given under the compliance agreement shall be returned to them.

• Marginal note:Notice of default

  (4) If the Agency is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Agency shall cause a notice of default to be served on the person informing them of one of the following:

  • (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in paragraph 177(1)(b) or subsection 177(3), as the case may be, an amount that is twice the amount of that penalty;

  • (b) that the security, if any, given under the compliance agreement is forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) Once a person is served with a notice of default,

  • (a) if the notice provides that the person is liable to pay the amount specified in the notice, the person may not deduct from that amount any amount they spent under the compliance agreement and they are liable to pay the amount specified in the notice within the time and in the manner set out in it; and

  • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Effect of payment

  (6) If the person pays the amount specified in the notice of default within the time and in the manner set out in it, the Agency shall accept the amount in complete satisfaction of the amount owing in respect of the contravention and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Delegation

  (7) The Agency may delegate its powers under subsection (1) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (8) Each person to whom powers are delegated under subsection (7) must be provided with a certificate of delegation in a form established by the Agency.