GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 18
Head office 18 (1) The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act . Residence of members (2) The members appointed under subsection 7(2) shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines. 1996, c. 10, s. 18; 2007, c. 19, s. 5; 2008, c. 21, s. 61
Canada Transportation Act — C-10.4 19
Secretary, officers and employees 19 The Secretary of the Agency and the other officers and employees that are necessary for the proper conduct of the business of the Agency shall be appointed in accordance with the Public Service Employment Act .
Canada Transportation Act — C-10.4 20
Technical experts 20 The Agency may appoint and, subject to any applicable Treasury Board directive, fix the remuneration of experts or persons who have technical or special knowledge to assist the Agency in an advisory capacity in respect of any matter before the Agency.
Canada Transportation Act — C-10.4 21
Duties of Secretary 21 (1) The Secretary of the Agency shall (a) maintain a record in which shall be entered a true copy of every rule, order, decision and regulation of the Agency and any other documents that the Agency requires to be entered in it; and (b) keep at the Agency’s office a copy of all rules, orders, decisions and regulations of the Agency and the records of proceedings of the Agency. Entries in record (2) The entry of a document in the record referred to in paragraph (1)(a) shall constitute the original record of the document.
Canada Transportation Act — C-10.4 22
Copies of documents obtainable 22 On the application of any person, and on payment of a fee fixed by the Agency, the Secretary of the Agency or, in the absence of the Secretary, the person assigned by the Chairperson to act in the absence shall issue under the seal of the Agency to the applicant a certified copy of any rule, order, regulation or any other document that has been issued by the Agency.
Canada Transportation Act — C-10.4 23
Judicial notice of documents 23 (1) Judicial notice shall be taken of a document issued by the Agency under its seal without proof of the signature or official character of the person appearing to have signed it. Evidence of deposited documents (2) A document purporting to be certified by the Secretary of the Agency as being a true copy of a document deposited or filed with or approved by the Agency, or any portion of such a document, is evidence that the document is so deposited, filed or approved and, if stated in the certificate, of the time when the document was deposited, filed or approved.
Canada Transportation Act — C-10.4 24
Policy governs Agency 24 The powers, duties and functions of the Agency respecting any matter that comes within its jurisdiction under an Act of Parliament shall be exercised and performed in conformity with any policy direction issued to the Agency under section 43.
Canada Transportation Act — C-10.4 25
Agency powers in general 25 The Agency has, with respect to all matters necessary or proper for the exercise of its jurisdiction, the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders or regulations and the entry on and inspection of property, all the powers, rights and privileges that are vested in a superior court.
Canada Transportation Act — C-10.4 25.1
Power to award costs 25.1 (1) Subject to subsections (2) to (4), the Agency has all the powers that the Federal Court has to award costs in any proceeding before it. Costs may be fixed or taxed (2) Costs may be fixed in any case at a sum certain or may be taxed. Payment (3) The Agency may direct by whom and to whom costs are to be paid and by whom they are to be taxed and allowed. Scale (4) The Agency may make rules specifying a scale under which costs are to be taxed.
Canada Transportation Act — C-10.4 26
Compelling observance of obligations 26 The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.
Canada Transportation Act — C-10.4 27
Relief 27 (1) The Agency may grant the whole or part of an application, or may make any order or grant any further or other relief that the Agency considers appropriate. (2) and (3) [Repealed, 2008, c. 5, s. 1] Amendments (4) The Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it. (5) [Repealed, 2008, c. 5, s. 1] 1996, c. 10, s. 27; 2008, c. 5, s. 1; 2018, c. 10, s. 4(E)
Canada Transportation Act — C-10.4 28
Orders 28 (1) The Agency may in any order direct that the order or a portion or provision of it shall come into force (a) at a future time, (b) on the happening of any contingency, event or condition specified in the order, or (c) on the performance, to the satisfaction of the Agency or a person named by it, of any terms that the Agency may impose on an interested party, and the Agency may direct that the whole or any portion of the order shall have force for a limited time or until the happening of a specified event. Interim orders (2) The Agency may, instead of making an order final in the first instance, make an interim order and reserve further directions either for an adjourned hearing of the matter or for further application.
Canada Transportation Act — C-10.4 29
Time for making decisions 29 (1) The Agency shall make its decision in any proceedings before it as expeditiously as possible, but no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension or this Act or a regulation made under subsection (2) provides otherwise. Period for specified classes (2) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its decision in respect of such classes of proceedings as are specified in the regulation.
Canada Transportation Act — C-10.4 30
Pending proceedings 30 The fact that a suit, prosecution or proceeding involving a question of fact is pending in any court does not deprive the Agency of jurisdiction to hear and determine the same question of fact.
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Fact finding is conclusive 31 The finding or determination of the Agency on a question of fact within its jurisdiction is binding and conclusive.
Canada Transportation Act — C-10.4 32
Review of decisions and orders 32 The Agency may review, rescind or vary any decision or order made by it or may re-hear any application before deciding it if, in the opinion of the Agency, since the decision or order or the hearing of the application, there has been a change in the facts or circumstances pertaining to the decision, order or hearing.
Canada Transportation Act — C-10.4 33
Enforcement of decision or order 33 (1) A decision or order of the Agency may be made an order of the Federal Court or of any superior court and is enforceable in the same manner as such an order. Procedure (2) To make a decision or order an order of a court, either the usual practice and procedure of the court in such matters may be followed or the Secretary of the Agency may file with the registrar of the court a certified copy of the decision or order, signed by the Chairperson and sealed with the Agency’s seal, at which time the decision or order becomes an order of the court. Effect of variation or rescission (3) Where a decision or order that has been made an order of a court is rescinded or varied by a subsequent decision or order of the Agency, the order of the court is deemed to have been cancelled and the subsequent decision or order may be made an order of the court. Option to enforce (4) The Agency may, before or after one of its decisions or orders is made an order of a court, enforce the decision or order by its own action. 1996, c. 10, s. 33; 2002, c. 8, s. 122; 2006, c. 11, s. 17; 2007, c. 19, s. 6
Canada Transportation Act — C-10.4 34
Fees and charges 34 (1) The Agency may, after consulting with the Minister, make rules respecting the fees and charges to be paid in relation to the administration or enforcement of any provision of this Act or the regulations whose administration or enforcement is the responsibility of the Agency. Consultation (2) Before making a rule under subsection (1), the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter. Debt due to His Majesty (3) Fees or charges required to be paid under this section constitute a debt to His Majesty in right of Canada and may be recovered as such in a court of competent jurisdiction. 1996, c. 10, s. 34 2023, c. 26, s. 452
Canada Transportation Act — C-10.4 35
Fees for witnesses 35 Every person summoned to attend before the Agency under this Part or before a person making an inquiry under this Part shall receive the fees and allowances for so doing that the Agency may, by regulation, prescribe.
Canada Transportation Act — C-10.4 36
Approval of regulations required 36 (1) Every regulation made by the Agency under this Act must be made with the approval of the Governor in Council. Advance notice of regulations (2) The Agency shall give the Minister notice of every regulation proposed to be made by the Agency under this Act.
Canada Transportation Act — C-10.4 36.1
Request by parties 36.1 (1) If there is a dispute concerning a matter within the Agency’s jurisdiction, all the parties to the dispute may, by agreement, make a request to the Agency for mediation. On receipt of the request, the Agency shall refer the dispute for mediation. Appointment of mediator (2) When a dispute is referred for mediation, the Chairperson shall appoint one or two persons to mediate the dispute. Mediator not to act in other proceedings (3) A person who is appointed to mediate a dispute may not act in any other proceedings before the Agency in relation to that matter. Confidentiality of mediation (4) All matters relating to the mediation of a dispute shall be kept confidential, unless the parties to the dispute otherwise agree, and information provided by a party for the purposes of mediation shall not be used for any other purpose without the consent of that party. Time limit for completion of mediation (5) Unless the parties to a dispute otherwise agree, the mediation of the dispute shall be completed within 30 days after the dispute is referred for mediation. Effect of mediation on proceedings (6) The mediation has the effect of (a) staying for the period of the mediation any proceedings before the Agency in so far as they relate to a matter that is the subject of the mediation; and (b) extending the time within which the Agency may make a decision or determination under this Act with regard to those proceedings by the period of the mediation. Filing of mediation agreement (7) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency. 2007, c. 19, s. 7
Canada Transportation Act — C-10.4 36.11
Information and guidance 36.11 (1) The Agency shall take measures to inform the public in respect of the provisions of Parts III and IV, including (a) publishing general information on its Internet site; and (b) providing information and guidance to any interested person on the manner in which remedies under those provisions may be accessed, having regard to their particular circumstances. Informal resolution (2) A member of the Agency or its staff may attempt to resolve in an informal manner with a railway company any issue raised by an interested person to whom it has provided information and guidance. In doing so, the member or staff shall not reveal the identity of the interested person without their consent. Person not to act in proceedings (3) A person who exercises the powers or performs the duties or functions under paragraph (1)(b) or subsection (2) shall not act in any proceedings before the Agency that are related to an issue in respect of which the person provided information, guidance or informal dispute resolution services. 2018, c. 10, s. 5
Canada Transportation Act — C-10.4 36.2
Request by all parties 36.2 (1) If sections 36.1 and 169.1 do not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III — other than Division VI.2 — or Part IV, or to the application of any rate or charge for the movement of goods by railways or for the provision of incidental services, if requested to do so by all parties to the dispute. Establishment of roster (1.1) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators or arbitrators. Reimbursement of costs (2) The parties are jointly and severally, or solidarily, liable to reimburse the Agency its costs arising from the mediation or arbitration. Mediator not to act in other proceedings (3) The person who acts as mediator or arbitrator may not act in any other proceedings before the Agency in relation to any matter that was at issue in the mediation or arbitration. 2007, c. 19, s. 7; 2008, c. 5, ss. 8, 9; 2015, c. 31, s. 3
Canada Transportation Act — C-10.4 37
Inquiry into complaint 37 The Agency may inquire into, hear and determine a complaint concerning any act, matter or thing prohibited, sanctioned or required to be done under any Act of Parliament that is administered in whole or in part by the Agency.
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Appointment of person to conduct inquiry 38 (1) The Agency may appoint a member, or an employee of the Agency, to make any inquiry that the Agency is authorized to conduct and report to the Agency. Dealing with report (2) On receipt of the report under subsection (1), the Agency may adopt the report as a decision or order of the Agency or otherwise deal with it as it considers advisable.
Canada Transportation Act — C-10.4 39
Powers on inquiry 39 A person conducting an inquiry may, for the purposes of the inquiry, (a) enter and inspect any place, other than a dwelling-house, or any structure, work, rolling stock or ship that is the property or under the control of any person the entry or inspection of which appears to the inquirer to be necessary; and (b) exercise the same powers as are vested in a superior court to summon witnesses, enforce their attendance and compel them to give evidence and produce any materials, books, papers, plans, specifications, drawings and other documents that the inquirer thinks necessary.
Canada Transportation Act — C-10.4 40
Governor in Council may vary or rescind orders, etc. 40 The Governor in Council may, at any time, in the discretion of the Governor in Council, either on petition of a party or an interested person or of the Governor in Council’s own motion, vary or rescind any decision, order, rule or regulation of the Agency, whether the decision or order is made inter partes or otherwise, and whether the rule or regulation is general or limited in its scope and application, and any order that the Governor in Council may make to do so is binding on the Agency and on all parties.
Canada Transportation Act — C-10.4 41
Appeal from Agency 41 (1) An appeal lies from the Agency to the Federal Court of Appeal on a question of law or a question of jurisdiction on leave to appeal being obtained from that Court on application made within one month after the date of the decision, order, rule or regulation being appealed from, or within any further time that a judge of that Court under special circumstances allows, and on notice to the parties and the Agency, and on hearing those of them that appear and desire to be heard. Time for making appeal (2) No appeal, after leave to appeal has been obtained under subsection (1), lies unless it is entered in the Federal Court of Appeal within sixty days after the order granting leave to appeal is made. Powers of Court (3) An appeal shall be heard as quickly as is practicable and, on the hearing of the appeal, the Court may draw any inferences that are not inconsistent with the facts expressly found by the Agency and that are necessary for determining the question of law or jurisdiction, as the case may be. Agency may be heard (4) The Agency is entitled to be heard by counsel or otherwise on the argument of an appeal.
Canada Transportation Act — C-10.4 42
Agency’s report 42 (1) Each year the Agency shall, before the end of July, make a report on its activities for the preceding year and submit it, through the Minister, to the Governor in Council describing briefly, in respect of that year, (a) applications to the Agency and the findings on them; and (b) the findings of the Agency in regard to any matter or thing respecting which the Agency has acted on the request of the Minister. Additional content (2) The Agency shall include in every report referred to in subsection (1) (a) the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act; (b) in respect of the year to which the report relates, information about, including the number of, the following: (i) inspections conducted under this Act 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 , (ii) orders made under section 181.2, (iii) orders, in writing, made under section 26 that require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act , (iv) notices of violation issued under section 180 that identify a violation referred to in subsection 177(3), and (v) inquiries made under any of sections 172, 172.1 and 172.3; (c) the Agency’s observations about whether the information referred to in paragraph (b) discloses any systemic or emerging issues in respect of any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities; and (d) any other information prescribed by regulations made under subsection (2.01). Regulations (2.01) For the purpose of paragraph (2)(d), the Governor in Council may make regulations prescribing information about any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities. Railway transportation (2.1) The report shall include the number and nature of the applications, complaints and submissions for arbitration made under Parts III and IV, the manner they were dealt with and the systemic trends observed. The report shall also include the number of disputes that were mediated by the Agency and the number that were resolved through mediation by the Agency. Confidential information (2.2) The Agency shall ensure that the report does not include any confidential information. Tabling of report (3) The Minister shall have a copy of each report made under this section 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. 42; 2013, c. 31, s. 2; 2018, c. 10, s. 6 2019, c. 10, s. 167
Canada Transportation Act — C-10.4 43
Policy directions 43 (1) The Governor in Council may, at the request of the Agency or of the Governor in Council’s own motion, issue policy directions to the Agency concerning any matter that comes within the jurisdiction of the Agency and every such direction shall be carried out by the Agency under the Act of Parliament that establishes the powers, duties and functions of the Agency in relation to the subject-matter of the direction. Limitation on directions (2) A direction issued under subsection (1) shall not affect a matter that is before the Agency on the date of the direction and that relates to a particular person.
Canada Transportation Act — C-10.4 44
Delay of binding effect 44 A direction issued under section 43 is not binding on the Agency until the expiration of the thirtieth sitting day of Parliament after the direction has been laid before both Houses of Parliament by or on behalf of the Minister, unless the direction has been previously laid before both Houses of Parliament in proposed form by or on behalf of the Minister and thirty sitting days of Parliament have expired after the proposed direction was laid.
Canada Transportation Act — C-10.4 45
Referral to committee 45 Where a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, it shall be referred without delay by that House to the committee of that House that it considers appropriate to deal with the subject-matter of the direction or proposed direction.
Canada Transportation Act — C-10.4 46
Consultation required 46 Before a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, the Minister shall consult with the Agency with respect to the nature and subject-matter of the direction or proposed direction.
Canada Transportation Act — C-10.4 47
Governor in Council may prevent disruptions 47 (1) Where the Governor in Council is of the opinion that (a) an extraordinary disruption to the effective continued operation of the national transportation system exists or is imminent, other than a labour disruption, (b) failure to act under this section would be contrary to the interests of users and operators of the national transportation system, and (c) there are no other provisions in this Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the actual or anticipated damage caused by the disruption, the Governor in Council may, on the recommendation of the Minister and the minister responsible for the Bureau of Competition Policy, by order, take any steps, or direct the Agency to take any steps, that the Governor in Council considers essential to stabilize the national transportation system, including the imposition of capacity and pricing restraints. Minister may consult affected persons (2) Before recommending that an order be made under this section, the Minister may consult with any person who the Minister considers may be affected by the order. Order is temporary (3) An order made under this section shall have effect for no more than ninety days after the order is made. Order to be tabled in Parliament (4) The Minister shall cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made. Reference to Parliamentary Committee (5) Every order laid before Parliament under subsection (4) shall be referred for review to the Standing committee designated by Parliament for the purpose. Resolution of Parliament revoking order (6) Where a resolution directing that an order made under this section be revoked is adopted by both Houses of Parliament before the expiration of thirty sitting days of Parliament after the order is laid before both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day. Competition Act (7) Notwithstanding subsection 4(2), this section and anything done under the authority of this section prevail over the Competition Act . Offence (8) Every person who contravenes an order made under this section is guilty of an offence and liable on summary conviction (a) in the case of an individual, to a fine not exceeding $5,000, and (b) in the case of a corporation, to a fine not exceeding $100,000, for each day the person contravenes the order.