Canada Transportation Act (S.C. 1996, c. 10)

Regulations

Marginal note:Performance data of air carriers

47.1 The Governor in Council may make regulations requiring air carriers to publish information respecting their performance on their Internet site.

Minister

Authorization

Marginal note:Powers and duties

48 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the powers and perform any of the duties of the Minister under this Act, either generally or otherwise provided in the instrument of authorization.

Fees and Charges

Marginal note:Regulations

48.1 The Minister may make regulations respecting fees and charges to be paid to the Minister in relation to the administration and enforcement of this Act.

Inquiries

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.

• 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.

Interim Order

Marginal note:Interim order

• 49.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation described in subsection (2) or that varies or suspends any requirement or condition set out in such a regulation, if the Minister is of the opinion that it is in the public interest to do so, having regard to the purposes of the Act of Parliament under which the regulation may be made, and if the interim order

  • (a) gives effect to an international standard; or

  • (b) ensures compliance with Canada’s international obligations.

• Marginal note:Regulation referred to in subsection (1)

  (2) A regulation referred to in subsection (1) is a regulation that may, under a provision of an Act of Parliament for which the Minister is responsible, be made by the Governor in Council or the Minister.

• Marginal note:Consultation

  (3) Before making an interim order, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances.

• Marginal note:Period of validity

  (4) An interim order takes effect on the day on which it is made or on any later day specified in it and ceases to have effect on the earliest of

  • (a) the day on which it is repealed,

  • (b) the day before the day on which a regulation that has the same effect as the interim order comes into force, and

  • (c) the day that is three years — or any shorter period specified in the interim order — after the day on which the interim order takes effect.

• Marginal note:Administration and enforcement

  (5) For the purposes of administration and enforcement, an interim order is deemed to be the regulation that may contain the provision contained in the interim order or in which the requirement or condition varied or suspended by the interim order is set out, and any provisions related to administration and enforcement that apply in respect of that regulation, including provisions related to offences and punishment, apply in respect of the interim order.

• Marginal note:Administrative monetary penalty regime

  (6) An interim order may designate one or more of its provisions as subject to an administrative monetary penalty regime under the Act described in subsection (2) if that Act authorizes the designation of provisions of a regulation described in that subsection as being subject to the regime.

• Marginal note:Statutory Instruments Act

  (7) The Statutory Instruments Act does not apply to an interim order.

• Marginal note:Accessibility

  (8) The Minister must ensure that an interim order is accessible to the public unless the Minister is of the opinion that it would be inappropriate due to exceptional circumstances, such as if making the interim order accessible compromises public safety.

• Marginal note:Contravention of unpublished order

  (9) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at that time, the person had been notified of the interim order.

Transportation Information

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

  • (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:Efficiency of system

  (1.001) 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 and any users, other than passengers, of the national transportation system to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system, when and in the form and manner that the regulations may specify, for the purposes of ensuring the proper functioning of the national transportation system or increasing its efficiency.

• 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) or (1.001) shall require or have the effect of requiring any person to provide the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system 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.

Marginal note:Externally produced documents

• 50.01 (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.

Marginal note:Existing power not limited

50.02 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.

Marginal note:Information already provided

50.1 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.

Marginal note:Confidentiality of information — Minister or designated person

• 51 (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided under this Act to the Minister or a person designated under section 6.11 is, when it is received by the Minister or the designated person, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purposes of a prosecution of a contravention of section 173.

• Marginal note:Communication of information

  (2) Subsection (1) does not apply so as to prohibit

  • (a) the communication of information to the Agency, the Administrator of the Fund appointed under section 153.7, Statistics Canada or a minister of the Crown in right of Canada, the agent of that minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;

  • (a.1) the communication of information that is provided under regulations made under subsection 50(1.001) to persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system;

  • (a.2) the communication of information prescribed in the regulations to persons prescribed in the regulations;

  • (b) the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;

  • (c) the communication of information, including to the public, in an aggregated form that prevents information obtained from an identifiable person from being related to that person;

  • (d) the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; or

  • (e) the communication of information that is available to, or ascertainable by, the public.

• Marginal note:Terms and conditions

  (2.1) The Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).

• Marginal note:Regulations

  (2.2) The Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2).

• Marginal note:Safe and secure procedures

  (3) The Minister and any person designated under section 6.11 shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to them under this Act, including the keeping of electronic data, are safe and secure.

• Marginal note:Requirement for other persons to maintain confidentiality

  (4) Any person who receives from the Minister or a person designated under section 6.11 information that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.