Canada Transportation Act

Marginal note:Prohibition

• 56.2 (1) No person shall complete a transaction referred to in subsection 56.1(1) unless the Agency determines that the transaction would result in an air transportation undertaking that is Canadian and the transaction is approved by the Governor in Council.

• Marginal note:Commissioner’s report

  (2) The Commissioner shall, as soon as feasible, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

• Marginal note:Minister to inform re concerns

  (3) After receiving the Commissioner’s report and before the Minister makes a recommendation for the purposes of subsection (6), the Minister shall inform the Commissioner and the parties to the transaction

  • (a) of any national transportation concerns that the Minister has in respect of the transaction; and

  • (b) of which of the Commissioner’s concerns the Minister believes the parties should address with the Commissioner.

• Marginal note:Measures to address concerns

  (4) After conferring with the Minister and the Commissioner, the parties to the transaction shall inform the Minister and the Commissioner of any measures they are prepared to undertake to address the Minister’s and the Commissioner’s concerns and may propose revisions to the transaction.

• Marginal note:Precondition to recommendation

  (5) Before making a recommendation for the purposes of subsection (6), the Minister shall obtain the Commissioner’s assessment of the adequacy of any undertaking proposed by the parties to address the Commissioner’s concerns and the effects on those concerns of any proposed revisions to the transaction.

• Marginal note:Approval of Governor in Council

  (6) If the Governor in Council is satisfied that it is in the public interest to approve the transaction, taking into account any revisions to it proposed by the parties and measures they are prepared to undertake, the Governor in Council may, by order made on the recommendation of the Minister, approve the transaction and specify any terms and conditions that the Governor in Council considers appropriate. The order shall indicate which of the terms and conditions relate to potential prevention or lessening of competition and which relate to national transportation concerns.

• Marginal note:Variation of terms and conditions

  (7) On application by a person who is subject to terms and conditions specified in an order, the Governor in Council may, on the recommendation of the Minister, vary or rescind the terms and conditions. If the terms and conditions to be varied or rescinded affect competition, the Minister shall consult with the Commissioner before making the recommendation.

• Marginal note:Commissioner’s representations

  (8) If the Minister directs the Agency under section 49 to inquire into any matter or thing to assist the Minister in making the recommendation under subsection (6) or (7), the Agency shall give notice of the inquiry to the Commissioner and allow the Commissioner to make representations to the Agency.

• Marginal note:Compliance with terms and conditions

  (9) Every person subject to terms and conditions specified in an order shall comply with them.