GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 80
Exemption 80 (1) The Agency may, by order, on such terms and conditions as it deems appropriate, exempt a person from the application of any of the provisions of this Part or of a regulation or order made under this Part where the Agency is of the opinion that (a) the person has substantially complied with the provision; (b) an action taken by the person is as effective as actual compliance with the provision; or (c) compliance with the provision by the person is unnecessary, undesirable or impractical. Exemption not to provide certain relief (2) No exemption shall be granted under subsection (1) that has the effect of relieving a person from any provision of this Part that requires a person to be a Canadian and to have a Canadian aviation document and prescribed liability insurance coverage in respect of an air service. Exemption not to provide certain relief — section 69 (3) No exemption shall be granted under subsection (1) that has the effect of relieving a person from the provisions of section 69 that require, in order to be eligible to hold a scheduled international licence, (a) a Canadian to be designated by the Minister to hold such a licence; or (b) a non-Canadian to be designated by a foreign government or an agent of a foreign government to operate an air service under the terms of an agreement or arrangement between that government and the Government of Canada. 1996, c. 10, s. 80; 2013, c. 31, s. 7
Canada Transportation Act — C-10.4 81
Inquiry into licensing matters 81 For the purposes of ensuring compliance with this Part, the Agency may inquire into any matter for which a licence, permit or other document is required under this Part.
Canada Transportation Act — C-10.4 82
Licensee to provide notification 82 Every licensee shall notify the Agency without delay, in writing, if (a) the liability insurance coverage in respect of the air service for which the licence is issued is cancelled or is altered in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service; (b) the licensee’s operations change in a manner that results in the failure by the licensee to have the prescribed liability insurance coverage for that service; or (c) any change occurs that affects, or is likely to affect, the licensee’s status as a Canadian.
Canada Transportation Act — C-10.4 83
Disclosure of information required 83 A licensee shall, at the request of the Agency, provide the Agency with information or documents available to the licensee that relate to any complaint under review or any investigation being conducted by the Agency under this Part.
Canada Transportation Act — C-10.4 84
Notification of agent required 84 (1) A licensee who has an agent in Canada shall, in writing, provide the Agency with the agent’s name and address. Appointment and notice of agent (2) A licensee who does not have a place of business or an agent in Canada shall appoint an agent who has a place of business in Canada and, in writing, provide the Agency with the agent’s name and address.
Canada Transportation Act — C-10.4 85
Notice of change of address 85 Where the address of a licensee’s principal place of business in Canada or the name or address of the licensee’s agent in Canada is changed, the licensee shall notify the Agency in writing of the change without delay.
Canada Transportation Act — C-10.4 85.01
Process for claims 85.01 (1) A carrier shall establish a process for dealing with claims related to a fare, rate, charge or term or condition of carriage applicable to the air service it offers. Period to communicate decision (2) The process shall include an obligation for the carrier, on receipt of a written request to deal with a claim, to communicate to the claimant its decision on the claim within 30 days after the day on which it received the request. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.02
Complaint resolution officers 85.02 (1) The Chairperson, or a person designated by the Chairperson, shall designate, from among the members and staff of the Agency, persons to act as complaint resolution officers for the purpose of sections 85.04 to 85.12. Limits on powers and duties (2) A member of the Agency or its staff who acts as a complaint resolution officer has the powers, duties and functions of a complaint resolution officer and not of the Agency. Clarification — proceedings (3) Proceedings before a complaint resolution officer are not proceedings before the Agency. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.03
Non-application of certain provisions 85.03 Sections 17, 25 and 36.1 do not apply in respect of any matter that may be dealt with under sections 85.04 to 85.12. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.04
Complaints related to tariffs 85.04 (1) A person may file a complaint in writing with the Agency if (a) the person alleges that a carrier failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs; (b) the person is adversely affected by the failure to apply that fare, rate, charge or term or condition of carriage; (c) the person seeks compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred as a result of that failure; and (d) the person made a written request to the carrier to resolve the matters to which the complaint relates but they were not resolved within 30 days after the day on which the request was made. Refusal to deal with complaint (2) A complaint resolution officer may refuse to deal with a complaint or, at any time, cease dealing with it if they are of the opinion that (a) the criteria set out in subsection (1) have not been met; (b) it is clear on the face of the complaint that the carrier has complied with the obligations set out in its tariffs; or (c) the complaint is vexatious or made in bad faith. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.05
Mediation 85.05 (1) If the complaint resolution officer does not refuse under subsection 85.04(2) to deal with a complaint, they shall mediate the complaint and start the mediation no later than the 30th day after the day on which the complaint is filed. Filing of mediation agreement (2) 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. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.06
Decision on complaint 85.06 (1) If no agreement is reached as a result of mediation, and the complaint resolution officer does not cease dealing with the complaint under subsection 85.04(2), the complaint resolution officer shall, no later than the 60th day after the day on which the mediation started, and based on the information provided by the complainant and the carrier, (a) make an order under subsection 85.07(1); or (b) make an order dismissing the complaint. Status of order (2) An order referred to in subsection (1) is not an order or decision of the Agency. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.07
Order related to tariffs 85.07 (1) If the complaint resolution officer finds that the carrier that is the subject of the complaint has failed to apply a fare, rate, charge or term or condition of carriage applicable to the air service it offers that is set out in its tariffs, the complaint resolution officer may order the carrier to (a) apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs; and (b) compensate the complainant for any expenses they incurred as a result of the carrier’s failure to apply a fare, rate, charge or term or condition of carriage that is set out in its tariffs. Onus (2) If a complaint raises an issue as to whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, it is presumed to be within the carrier’s control and not required for safety reasons unless the carrier proves the contrary. Filing of order and enforcement (3) An order made under subsection (1) may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.08
Prior decisions to be taken into account 85.08 In regards to the issue of whether a flight delay, flight cancellation or denial of boarding is within a carrier’s control, is within a carrier’s control but is required for safety reasons or is outside a carrier’s control, a complaint resolution officer who is dealing with a complaint in respect of a flight shall take into account any prior decision on that issue that is contained in an order made by a complaint resolution officer in respect of that flight. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.09
Confidentiality of information 85.09 (1) All matters related to the process of dealing with a complaint shall be kept confidential, unless the complainant and the carrier otherwise agree, and information provided by the complainant or the carrier to the complaint resolution officer for the purpose of the complaint resolution officer dealing with the complaint shall not be used for any other purpose without the consent of the one who provided it. Communication of information (2) Subsection (1) does not apply so as to prohibit (a) the communication of information to the Agency; (b) the communication of information to complaint resolution officers for the purpose of assisting them in the exercise of their powers or the performance of their duties and functions; or (c) the making public by the Agency of information under sections 85.14 and 85.15. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.1
Procedure 85.1 Subject to the procedure set out in the guidelines referred to in section 85.12, a complaint resolution officer shall deal with complaints in the manner that they consider appropriate in the circumstances. 2000, c. 15, s. 7.1; 2007, c. 19, s. 25 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.11
Assistance by Agency 85.11 The Agency may, at a complaint resolution officer’s request, provide administrative, technical and legal assistance to the complaint resolution officer. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.12
Guidelines 85.12 (1) The Agency may issue guidelines (a) respecting the manner of and procedures for dealing with complaints filed under subsection 85.04(1); and (b) setting out the extent to which and the manner in which, in the Agency’s opinion, any provision of the regulations applies with regard to complaints. Guidelines binding (2) A guideline is, until it is revoked or modified, binding on any complaint resolution officer dealing with a complaint filed under subsection 85.04(1). Publication (3) Each guideline shall be published on the Agency’s website, in the Canada Gazette and in any other manner that the Agency considers appropriate. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to the guideline. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.13
Referral to panel 85.13 (1) If no agreement is reached as a result of the mediation of a complaint under section 85.05, the Chairperson or a person designated by them may, at the request of the complaint resolution officer who conducted the mediation, and if the Chairperson or person designated by them, as the case may be, considers that the complexity of the complaint requires it, refer the complaint to a panel of at least two members. Those members, none of whom is to be the complaint resolution officer who conducted the mediation, shall act as the complaint resolution officers in respect of the complaint for the purposes of sections 85.06 to 85.12. Clarification – panels (2) A reference in subsections 85.02(2) and (3) and sections 85.06 to 85.12 to a complaint resolution officer is considered to include a reference to a panel. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.14
Publication — order or summary of order 85.14 (1) The Agency shall make public (a) in the case of an order made by a single complaint resolution officer (i) the number of the flight to which the order relates, (ii) the date of departure of the flight that is indicated on the complainant’s ticket, (iii) any decision contained in the order in regards to the issue of whether any flight delay, flight cancellation or denial of boarding was within the carrier’s control, was within the carrier’s control but was required for safety reasons or was outside the carrier’s control, and (iv) a statement as to whether or not the complaint resolution officer ordered the carrier to provide compensation or a refund as set out in the carrier’s tariffs or compensation for expenses incurred; and (b) subject to subsection (2), in the case of an order made by a panel, the entire order. Exception (2) The Agency may, at the request of a complainant or carrier, decide to keep confidential any part of an order, other than the information referred to in subparagraphs (1)(a)(i) to (iv). 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.15
Part of annual report 85.15 The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under subsection 85.04(1), the names of the carriers against whom the complaints were made, the number of complaints for which an order was made under subsection 85.07(1) and the systemic trends observed. 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 85.16
Fees and charges 85.16 (1) The Agency shall establish fees or charges for the purpose of recovering all or a portion of the costs that the Agency determines to be related to the process of dealing with complaints — other than complaints disposed of under subsection 85.04(2) — under sections 85.05 to 85.12. Carrier’s liability (2) The carriers that are the subject of complaints — other than complaints disposed of under subsection 85.04(2) — are liable for the payment of the fees or charges. Consultation (3) Before establishing fees or charges, the Agency shall consult with any persons or organizations that the Agency considers to be interested in the matter. Publication (4) The Agency shall publish the fees and charges on its Internet site. Debt due to His Majesty (5) 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. Spending authority (6) The Agency may spend the amounts obtained under this section in the fiscal year in which they are paid or in the next fiscal year. Service Fees Act (7) The Service Fees Act does not apply to the fees and charges referred to in subsection (1). 2023, c. 26, s. 459
Canada Transportation Act — C-10.4 86.1
Advertising regulations 86.1 (1) The Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada. Contents of regulations (2) Without limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service. Regulations may prescribe (3) Without limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2). 2007, c. 19, s. 27
Canada Transportation Act — C-10.4 86.2
Regulations and orders 86.2 A regulation or order made under this Part may be conditional or unconditional or qualified or unqualified and may be general or restricted to a specific area, person or thing or group or class of persons or things. 2007, c. 19, s. 27
Canada Transportation Act — C-10.4 87
s commuter services; ( administration de transport de banlieue ) Vancouver–Kamloops corridor means the area of Canada that is bounded (a) to the east by longitude 121.21° W, (b) to the north by latitude 50.83° N, (c) to the west by longitude 128.45° W, and (d) to the south by the Canada-United States border. ( axe Vancouver-Kamloops ) 1996, c. 10, s. 87; 2007, c. 19, s. 28; 2015, c. 31, s. 4; 2018, c. 10, s. 20
Canada Transportation Act — C-10.4
crude oil means virgin or naturally occurring unrefined petroleum, or diluted bitumen or any other unrefined hydrocarbon mixture that is similar in composition to virgin or naturally occurring unrefined petroleum. It includes crude oil with the UN numbers 1267 and 3494 that are set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods – Model Regulations , Eighteenth revised edition, 2013, published by the United Nations; ( pétrole brut )
Canada Transportation Act — C-10.4
land includes an interest in land and, in relation to land in the Province of Quebec, includes the interest of a lessee; ( terres )
Canada Transportation Act — C-10.4
metropolitan area means any area that is classified by Statistics Canada in its most recent census of Canada as a census metropolitan area; ( région métropolitaine )
Canada Transportation Act — C-10.4
operate includes, with respect to a railway, any act necessary for the maintenance of the railway or the operation of a train; ( exploitation )
Canada Transportation Act — C-10.4
point of destination means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply; ( point de destination )
Canada Transportation Act — C-10.4
point of origin means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply; ( point d’origine )
Canada Transportation Act — C-10.4
public passenger service provider means VIA Rail Canada Inc., a passenger rail service provider designated by the Minister or an urban transit authority; ( société de transport publique )
Canada Transportation Act — C-10.4 (a)
Quebec–Windsor corridor means the area of Canada that is bounded (a) to the east by longitude 70.50° W, (b) to the north by a straight line connecting a first point located at latitude 47.45° N and longitude 70.50° W to a second point located at latitude 43.70° N and longitude 83.25° W, (c) to the west by longitude 83.25° W, and (d) to the south by the Canada-United States border; ( axe Québec-Windsor )
Canada Transportation Act — C-10.4 (a)
railway means a railway within the legislative authority of Parliament and includes (a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores, or other things connected with the railway, and (b) communications or signalling systems and related facilities and equipment used for railway purposes; ( chemin de fer )
Canada Transportation Act — C-10.4
railway company means a person who holds a certificate of fitness under section 92, a partnership of such persons or a person who is mentioned in subsection 90(2); ( compagnie de chemin de fer )
Canada Transportation Act — C-10.4
road means any way or course, whether public or not, available for vehicular or pedestrian use; ( route )
Canada Transportation Act — C-10.4 (a)
Special Act means an Act under which a railway company has authority to construct or operate a railway, or that is enacted with special reference to a railway, and includes (a) letters patent constituting a company’s authority to construct or operate a railway, granted before April 1, 1969, under any Act, and the Act under which the letters patent were granted or confirmed, and (b) letters patent incorporating a company under section 11 of the Railway Act on or after April 1, 1969, whose objects are the construction or operation of a railway in Canada; ( loi spéciale )
Canada Transportation Act — C-10.4
tariff means a schedule of rates, charges, terms and conditions applicable to the movement of traffic and incidental services; ( tarif )
Canada Transportation Act — C-10.4
traffic means the traffic of goods, including equipment required for their movement; ( transport ou trafic )
Canada Transportation Act — C-10.4
urban transit authority means an entity owned or controlled by the federal government or a provincial, municipal or district government that provides commuter services; ( administration de transport de banlieue )
Canada Transportation Act — C-10.4 (a)
Vancouver–Kamloops corridor means the area of Canada that is bounded (a) to the east by longitude 121.21° W, (b) to the north by latitude 50.83° N, (c) to the west by longitude 128.45° W, and (d) to the south by the Canada-United States border. ( axe Vancouver-Kamloops )
Canada Transportation Act — C-10.4 88
Application 88 (1) This Part applies to all persons, railway companies and railways within the legislative authority of Parliament. Special cases (2) Without limiting the effect of subsection (1), this Part applies to (a) a company operating a railway from the United States into Canada; and (b) a railway, or a portion of a railway, whether or not constructed under the authority of an Act of Parliament, that is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament. Works for the general advantage of Canada (3) A railway or a portion of a railway mentioned in paragraph (2)(b) is declared to be a work for the general advantage of Canada. Cessation of declaration (4) A declaration by subsection (3) or by any other Act of Parliament that a railway is a work for the general advantage of Canada, or for the advantage of two or more provinces, ceases to have effect with respect to a line of the railway, or a portion of it, whose operation is discontinued under Division V or is the subject of a transfer under that Division to a person other than a company mentioned in paragraph (2)(b).
Canada Transportation Act — C-10.4 89
Special Act railways declared to be works for general advantage of Canada 89 If the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.
Canada Transportation Act — C-10.4 90
Certificate required 90 (1) No person shall (a) construct a railway without being the holder of a certificate of fitness that is issued under paragraph 92(1)(a); or (b) operate a railway without being the holder of a certificate of fitness that is (i) issued under paragraph 92(1)(a) for the portion of the operation that relates to a passenger rail service, or (ii) issued under paragraph 92(1)(b) for the portion of the operation that does not relate to a passenger rail service. Exception — purchaser of railway (2) Subsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchased (a) under a trust deed or mortgage; (b) at the instance of the holders of a mortgage, bond or debenture for the payment of which a charge has been created on the railway or portion; or (c) under any other lawful proceeding. 1996, c. 10, s. 90; 2015, c. 31, s. 5