GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 47.1
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. 2023, c. 26, s. 437
Canada Transportation Act — C-10.4 48
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. 1996, c. 10, s. 48 2018, c. 10, s. 7 2023, c. 26, s. 438
Canada Transportation Act — C-10.4 48.1
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. 2023, c. 26, s. 438
Canada Transportation Act — C-10.4 49
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. Powers (2) For greater certainty, sections 38 and 39 apply in respect of an inquiry. 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
Canada Transportation Act — C-10.4 49.1
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. 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. Consultation (3) Before making an interim order, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances. 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. 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. 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. Statutory Instruments Act (7) The Statutory Instruments Act does not apply to an interim order. 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. 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. 2026, c. 3, s. 499
Canada Transportation Act — C-10.4 50
1) to the extent that the information is required for the purpose of monitoring the grain transportation and handling system. 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. 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. 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 2023, c. 26, s. 439
Canada Transportation Act — C-10.4 50.01
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. 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. Accessibility of incorporated document (3) The Minister must ensure that a document that is incorporated by reference is accessible. 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. 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
Canada Transportation Act — C-10.4 50.02
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. 2013, c. 31, s. 4
Canada Transportation Act — C-10.4 50.1
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. 2007, c. 19, s. 9; 2018, c. 10, s. 11
Canada Transportation Act — C-10.4 51
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. 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. 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). Regulations (2.2) The Governor in Council may make regulations prescribing information and persons for the purposes of paragraph (2)(a.2). 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. 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. 1996, c. 10, s. 51; 2000, c. 16, s. 2; 2007, c. 19, s. 10; 2018, c. 10, s. 12 2023, c. 26, s. 440
Canada Transportation Act — C-10.4 51.1
Publication 51.1 Despite subsection 51(1), the Minister may make public (a) information related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b); and (b) information referred to in paragraph 50(2)(d). 2018, c. 10, s. 13 2023, c. 26, s. 441
Canada Transportation Act — C-10.4 51.11
Confidential information — other persons 51.11 (1) Information that is required to be provided 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 is, when it is received by those persons, 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. Safe and secure procedures (2) The persons referred to in subsection 50(1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system must 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. 2023, c. 26, s. 441
Canada Transportation Act — C-10.4 51.2
Confidentiality of information — Agency 51.2 Information that is required to be provided to the Agency in accordance with regulations made under paragraph 50(1.01)(a) is, when it is received by the Agency, confidential and shall not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purpose of a prosecution of a contravention of section 173. 2018, c. 10, s. 13
Canada Transportation Act — C-10.4 51.3
Use of information 51.3 Information that is provided to the Minister or the Agency in accordance with regulations made under paragraph 50(1.01)(a) is only to be used by the Agency for the purpose of determining the long-haul interswitching rate referred to in paragraph 134(1)(a) and, despite subsection 51(4) and section 51.2, the Agency may, for that purpose, communicate the information in an aggregated form. 2018, c. 10, s. 13
Canada Transportation Act — C-10.4 51.4
Publication 51.4 (1) If the Agency receives information from class 1 rail carriers or the Minister that is related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b), the Agency shall publish the information on its Internet site within two days after it is received. Information received from Minister (2) Subsection 51(4) does not apply to the publication, in accordance with subsection (1), of information that is received from the Minister. 2018, c. 10, s. 13
Canada Transportation Act — C-10.4 51.5
Order 51.5 (1) If the Minister is of the opinion that there exists an unusual and significant disruption to the effective continued operation of the national transportation system, the Minister may, by order, require any 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 to provide to the Minister information, other than personal information as defined in section 3 of the Privacy Act , that the Minister considers relevant to the assessment of the cause of the disruption or the mitigation or resolution of the disruption. Order is temporary (2) An order made under this section has effect for the period, not exceeding 90 days, that is specified in the order. Not a statutory instrument (3) The order is not a statutory instrument within the meaning of the Statutory Instruments Act . Disclosure of information (4) Despite subsection 51(1), the Minister may disclose information that has been provided to the Minister under this section to any person for the purposes of the mitigation or resolution of the disruption. 2023, c. 26, s. 442
Canada Transportation Act — C-10.4 52
Industry overview 52 (1) Each year before the end of May, the Minister shall, using the most current information available, prepare and lay before both Houses of Parliament a report providing a brief overview of the state of transportation in Canada. Industry review (2) Every five years, the report referred to in subsection (1) shall be expanded to a comprehensive review of the state of transportation in Canada which shall include (a) the financial performance of each mode of transportation and its contribution to the Canadian economy; (b) the extent to which carriers and modes of transportation were provided resources, facilities and services at public expense; (c) the extent to which carriers and modes of transportation received compensation, indirectly and directly, for the resources, facilities and services that were required to be provided as an imposed public duty; (c.1) the long term outlook and trends in transportation in Canada; and (d) any other transportation matters that the Minister considers appropriate. 1996, c. 10, s. 52; 2007, c. 19, s. 11
Canada Transportation Act — C-10.4 53
Statutory review 53 (1) The Minister shall, no later than eight years after the day this subsection comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act and any other Act of Parliament for which the Minister is responsible that pertains to the economic regulation of a mode of transportation or to transportation activities under the legislative authority of Parliament. Objective of review (2) The person or persons conducting the review shall assess whether the legislation referred to in subsection (1) provides Canadians with a transportation system that is consistent with the national transportation policy set out in section 5 and, if necessary or desirable, may recommend amendments to (a) the national transportation policy; and (b) the legislation referred to in subsection (1). Consultations (3) The review shall be undertaken in consultation with purchasers and suppliers of transportation services and any other persons whom the Minister considers appropriate. Powers on review (4) Every person appointed to carry out the review has, for the purposes of the review, the powers of a commissioner under Part I of the Inquiries Act and may engage the services of experts, professionals and other staff deemed necessary for making the review at the rates of remuneration that the Treasury Board approves. Report (5) The review shall be completed and a report of the review submitted to the Minister within 18 months after the appointment referred to in subsection (1). Tabling of report (6) The Minister shall have a copy of the report laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it. 1996, c. 10, s. 53; 2007, c. 19, s. 12
Canada Transportation Act — C-10.4 53.1
Notice 53.1 (1) Every person who is required to notify the Commissioner of Competition under subsection 114(1) of the Competition Act of a proposed transaction that involves a transportation undertaking shall, at the same time as the Commissioner is notified and, in any event, not later than the date by which the person is required to notify the Commissioner, (a) give notice of the proposed transaction to the Minister; and (b) in the case of a proposed transaction that involves an air transportation undertaking, also give notice of the transaction to the Agency. Information (2) A notice given to the Minister or to the Agency shall, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act . The notice shall also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that shall be issued and published by the Minister. After receipt of a notice, the Minister may require the person who has given the notice to provide further information. Guidelines (2.1) The guidelines referred to in subsection (2) shall be elaborated in consultation with the Competition Bureau and shall include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation. Not statutory instruments (3) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act . No public interest issues (4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister shall, within 42 days after a person gives notice under subsection (1), give notice of the opinion to that person, in which case sections 53.2 and 53.3 do not apply in respect of that transaction. Public interest issues (5) If the Minister is of the opinion that the proposed transaction raises issues with respect to the public interest as it relates to national transportation, the Minister may direct the Agency to examine those issues under section 49 or appoint and direct any person to examine those issues under section 7.1 of the Department of Transport Act . Report (6) The Agency or person, as the case may be, shall report to the Minister within 150 days after being directed under subsection (5), or within any longer period that the Minister may allow. 2007, c. 19, s. 13
Canada Transportation Act — C-10.4 53.2
g the recommendation. Commissioner’s representations (9) If the Minister directs the Agency under section 49 to inquire into any matter or thing to assist the Minister in making a recommendation under subsection (7) or (8), the Agency shall give notice of the inquiry to the Commissioner and allow the Commissioner to make representations to the Agency. Compliance with terms and conditions (10) Every person who is subject to terms and conditions shall comply with them. 2007, c. 19, s. 13
Canada Transportation Act — C-10.4 53.3
Canadian 53.3 The Agency shall determine whether a proposed transaction referred to in subsection 53.1(1) that involves an air transportation undertaking would result in an undertaking that is Canadian as defined in subsection 55(1). 2007, c. 19, s. 13
Canada Transportation Act — C-10.4 53.4
Order of divestiture — application by Minister 53.4 (1) If a person contravenes subsection 53.2(1) or (10) with respect to a term or condition that relates to the public interest as it relates to national transportation, a superior court may, on application by the Minister, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Minister shall notify the Commissioner of Competition before making an application. Order of divestiture — application by Commissioner (2) If a person contravenes subsection 53.2(10) with respect to a term or condition that relates to potential prevention or lessening of competition, a superior court may, on application by the Commissioner, order the person to cease the contravention or do any thing that is required to be done, and may make any other order that it considers appropriate, including an order requiring the divestiture of assets. The Commissioner shall notify the Minister before making an application. 2007, c. 19, s. 13
Canada Transportation Act — C-10.4 53.5
Regulations 53.5 The Governor in Council may, on the recommendation of the Minister, make regulations (a) specifying information required in a notice under subsection 53.1(1); and (b) exempting classes of transactions from the application of sections 53.1 to 53.3. 2007, c. 19, s. 13
Canada Transportation Act — C-10.4 53.6
Offence — subsection 53.1(1) 53.6 (1) Every person who contravenes subsection 53.1(1) is guilty of an offence and is liable (a) on conviction on indictment, to a fine not exceeding $50,000; or (b) on summary conviction, to a fine not exceeding $25,000. Offence — subsection 53.2(1) or (10) (2) Every person who contravenes subsection 53.2(1) or (10) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years or to a fine not exceeding $10,000,000, or to both. Continuing offence (3) If an offence under subsection 53.2(10) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued. Officers, etc., of corporations (4) If a corporation commits an offence under subsection (1) or (2), any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. Sections 174 and 175 do not apply (5) Sections 174 and 175 do not apply in respect of an offence committed under subsection (1) or (2). 2007, c. 19, s. 13