GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 176.1
Definition of Tribunal 176.1 For the purposes of sections 180.1 to 180.7, Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . 2007, c. 19, s. 48
Canada Transportation Act — C-10.4 177
Regulation-making powers 177 (1) The Agency may, by regulation, (a) designate (i) any provision of this Act or of any regulation, order or direction made pursuant to this Act, (ii) the requirements of any provision referred to in subparagraph (i), or (iii) any condition of a licence issued under this Act, as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed (i) $5,000, in the case of an individual, and (ii) $25,000 — or, in the case of a violation involving a contravention of any provision of a regulation made under subsection 86.11(1), $250,000 — in the case of a corporation. (1.1) [Repealed, 2018, c. 10, s. 53] Regulations by Minister (2) The Minister may, by regulation, (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed (i) $5,000, in the case of an individual, and (ii) $25,000, in the case of a corporation. Certain provisions (2.001) The contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001) or of any provision of an order made under subsection 51.5(1) or the contravention of any of subsections 51(1), (3) and (4) and 51.11(1) and (2) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000. Regulations made under subsection 50(1.01) (2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000. Sections 93.1 or 94 (2.1) The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000. Subsections 155.7(1) or 155.84(1) to (3) (2.2) The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000. Subsection 170(1) and Accessible Canada Act (3) The contravention of any provision of any regulation made under subsection 170(1) — or the contravention of any of subsections 60 (1) to (4) and (7), 61 (1) to (3) and 62 (1) to (3) and (6) of the Accessible Canada Act — may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $250,000. 1996, c. 10, s. 177; 2007, c. 19, s. 49; 2013, c. 31, s. 12; 2014, c. 8, s. 9; 2015, c. 31, s. 11; 2018, c. 10, s. 53 2019, c. 10, s. 173 2023, c. 26, s. 446 2023, c. 26, s. 466
Canada Transportation Act — C-10.4 178
Notices of violation 178 (1) The Agency, in respect of a violation referred to in subsection 177(1), (2.1) or (3), or the Minister, in respect of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), may (a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and (b) establish the form and content of notices of violation. Powers of enforcement officers (2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a). Certification of designated persons (3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties. Powers of designated persons (4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer under paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act or any of sections 60 to 62 of the Accessible Canada Act . Assistance to enforcement officers (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act or any of sections 60 to 62 of the Accessible Canada Act . 1996, c. 10, s. 178; 2007, c. 19, s. 50; 2013, c. 31, s. 13; 2014, c. 8, s. 10; 2015, c. 31, ss. 12, 38; 2018, c. 10, ss. 54, 96 2019, c. 10, s. 174 2023, c. 26, s. 447
Canada Transportation Act — C-10.4 179
Violations 179 (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i). (1.1) [Repealed, 2014, c. 8, s. 11] How contraventions may be proceeded with (2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation. Nature of violation (3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. Continuing violation (4) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 1996, c. 10, s. 179; 2007, c. 19, s. 51(F); 2014, c. 8, s. 11 2019, c. 10, s. 176 2023, c. 26, s. 449
Canada Transportation Act — C-10.4 180
Issuance of notice of violation 180 If a person designated as an enforcement officer under paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue, and shall serve on the person, a notice of violation that names the person, identifies the violation and (a) in the case of a contravention other than one referred to in paragraph (b), sets out the penalty for the violation that the person is liable to pay; (b) in the case of a contravention of any provision of any regulation made under subsection 170(1) or a contravention of any of subsections 60 (1) to (4) and (7), 61 (1) to (3) and 62 (1) to (3) and (6) of the Accessible Canada Act (i) contains a warning, or (ii) sets out the penalty for the violation that the person is liable to pay, and a lesser amount that may be paid in complete satisfaction of the amount of the penalty if paid within the time and in the manner set out in the notice; and (c) sets out the particulars concerning the time for paying and the manner of paying the penalty, if there is one. 1996, c. 10, s. 180; 2001, c. 29, s. 52; 2007, c. 19, s. 52; 2018, c. 10, s. 55 2019, c. 10, s. 177
Canada Transportation Act — C-10.4 180.1
Options 180.1 (1) Subject to subsections (2) to (4), a person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty. Subsection 170(1) or Accessible Canada Act — warning (2) A person who has been served with a notice of violation that contains a warning may file with the Agency a written request for a review of the facts of the alleged contravention. Subsection 170(1) or Accessible Canada Act  — penalty (3) A person who has been served with a notice of violation that identifies a violation referred to in subsection 177(3) and that sets out a penalty for the violation must (a) pay the amount of the penalty — or the lesser amount — specified in the notice; (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations or of the Accessible Canada Act to which the violation relates. Regulations made under subsection 86.11(1) — penalty (4) A person who has been served with a notice of violation that identifies any provision of a regulation made under subsection 86.11(1) that was contravened and that sets out a penalty for the violation must (a) pay the amount of the penalty specified in the notice; (b) file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty; or (c) request, within the time and in the manner set out in the notice, to enter into a compliance agreement with the Agency for the purpose of ensuring the person’s compliance with the provision of the regulations to which the violation relates. 2007, c. 19, s. 52 2019, c. 10, s. 177 2023, c. 26, s. 467
Canada Transportation Act — C-10.4 180.2
Payment of specified amount 180.2 If a person who is served with a notice of violation that sets out a penalty pays the amount of the penalty — or, in the case of a person to whom subsection 180.1(3) applies, the lesser amount — specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount in complete satisfaction of the amount of the penalty and no further proceedings under this Part shall be taken against the person in respect of the contravention. 2007, c. 19, s. 52 2019, c. 10, s. 177
Canada Transportation Act — C-10.4 180.3
Request for review — penalty 180.3 (1) A person who is served with a notice of violation that sets out a penalty and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden of establishing that a person has contravened a designated provision is on the Minister. Person not compelled to testify (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter. 2007, c. 19, s. 52 2019, c. 10, s. 178
Canada Transportation Act — C-10.4 180.5
Determination by Tribunal member 180.5 If, at the conclusion of a review under section 180.3, the member of the Tribunal who conducts the review determines that (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to section 180.6, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person. 2007, c. 19, s. 52; 2018, c. 10, s. 56
Canada Transportation Act — C-10.4 180.6
Right of appeal 180.6 (1) The Minister or a person affected by a determination made under section 180.5 may, within 30 days after the determination, appeal it to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against. Certificate (4) If the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person. 2007, c. 19, s. 52; 2018, c. 10, s. 57
Canada Transportation Act — C-10.4 180.61
Request for review — warning 180.61 (1) A person who is served with a notice of violation that contains a warning and who wishes to have the facts of the alleged contravention reviewed shall, on or before the date specified in the notice or within any further time that the Agency on application may allow, file a written request for a review with the Agency at the address set out in that notice. Burden of proof (2) The burden of establishing that a person has contravened the provision of the regulations or of the Accessible Canada Act to which a notice of violation relates is on an enforcement officer. Determination by Agency (3) At the conclusion of a review, the Agency shall without delay inform the person who is alleged to have contravened the provision and the enforcement officer of its determination. If the Agency determines that the person has not contravened the provision, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention. Deeming (4) If a person does not file a request for a review under subsection (1), the person is deemed to have committed the contravention alleged in the notice of violation. 2019, c. 10, s. 180
Canada Transportation Act — C-10.4 180.63
Refusal to enter compliance agreement 180.63 (1) If the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c) or (4)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation. Effect of payment (2) If the person pays the amount specified in the notice of violation, (a) they are deemed to have committed the contravention in respect of which the amount is paid; (b) the Agency shall accept the amount in complete satisfaction of the amount of the penalty; and (c) no further proceedings under this Part shall be taken against the person in respect of the contravention. Deeming (3) If the person does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), they are deemed to have committed the contravention alleged in the notice of violation. 2019, c. 10, s. 180 2023, c. 26, s. 469
Canada Transportation Act — C-10.4 180.64
Certificate 180.64 (1) If a person to whom subsection 180.1(1) applies neither pays the amount of the penalty specified in the notice of violation in accordance with the particulars set out in the notice nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice of violation and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. Subsection 170(1) or Accessible Canada Act (2) If a person to whom subsection 180.1(3) applies does not pay the amount of the penalty — or the lesser amount — specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(3)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. Regulations made under subsection 86.11(1) (2.1) If a person to whom subsection 180.1(4) applies does not pay the amount of the penalty specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(4)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. Notice of default (3) If a person who has been served with a notice of default under subsection 180.62(4) that specifies an amount does not pay the amount within the time and in the manner set out in the notice, the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount specified in that notice. Refusal to enter into compliance agreement (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) or (4)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice. 2019, c. 10, s. 180 2023, c. 26, s. 470
Canada Transportation Act — C-10.4 180.7
Registration of certificate 180.7 (1) If the time limit for the payment of the amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate. Recovery of costs and charges (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1). Amounts received deemed public moneys (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act . 2007, c. 19, s. 52 2019, c. 10, s. 181
Canada Transportation Act — C-10.4 180.8
References to “Minister” 180.8 (1) In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency. Delegation by Minister (2) In the case of a violation referred to in subsection 177(2), (2.001), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on the Minister under this Part. 2007, c. 19, s. 52; 2013, c. 31, s. 14; 2014, c. 8, s. 12; 2015, c. 31, ss. 13, 38; 2018, c. 10, ss. 58, 96 2019, c. 10, s. 182 2023, c. 26, s. 450
Canada Transportation Act — C-10.4 181
Time limit for proceedings 181 Proceedings in respect of a violation may be instituted not later than 36 months after the time when the subject matter of the proceedings arose. 1996, c. 10, s. 181 2023, c. 26, s. 471
Canada Transportation Act — C-10.4 181.1
Publication 181.1 The Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act . 2019, c. 10, s. 183
Canada Transportation Act — C-10.4 181.2
Power to order production 181.2 (1) The Agency may, by order, for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act , direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose. Copies (2) The Agency may (a) make copies or take extracts from any record, report, electronic data or other document produced under an order made under subsection (1); and (b) reproduce any document from electronic data referred to in paragraph (a), or cause it to be reproduced, in the form of a printout or other output. Delegation (3) The Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify. Certificate of delegation (4) Each person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency. 2019, c. 10, s. 183