GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commercial Vehicle Drivers Hours of Service Regulations — 79.4
79.4 (1) The Minister must cancel an accreditation if the certification body (a) fails to take corrective actions within 30 days after the day on which the accreditation was suspended; (b) made a false or misleading statement to the Minister — or provided the Minister with false or misleading information — in respect of the application made under section 79 or at any time during the period of validity of the accreditation; or (c) continues, while their accreditation is suspended, to accept applications or make decisions respecting certification. (2) The Minister must not cancel an accreditation unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation. (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect. SOR/2019-165, s. 25
Commercial Vehicle Drivers Hours of Service Regulations — 80
80 A requirement that a driver record time in a record of duty status is a requirement to record the time using the local time at the driver’s home terminal. SOR/2019-165, s. 44
Commercial Vehicle Drivers Hours of Service Regulations — 81
81 (1) A motor carrier shall require every driver to fill out, and every driver shall fill out a record of duty status each day that accounts for all of the driver’s on-duty time and off-duty time for that day if (a) the driver is driving a commercial vehicle as set out in paragraphs 77(1)(a) to (d); or (b) the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard. (2) This section does not apply if (a) the driver drives, or is instructed by the motor carrier to drive, a commercial vehicle within a radius of 160 km of the home terminal; (b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; (c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded; and (d) the driver is not driving a commercial vehicle under a permit issued under these Regulations or is driving under an exemption issued under the Act. SOR/2019-165, s. 27
Commercial Vehicle Drivers Hours of Service Regulations — 84
84 No driver who is required to fill out a record of duty status shall drive and no motor carrier shall request, require or allow the driver to drive unless the driver has in their possession (a) a copy of the records of duty status for the preceding 14 days and, in the case of a driver driving under an oil well service vehicle permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days; (b) the record of duty status for the current day, completed up to the time at which the last change in the driver’s duty status occurred; and (c) any supporting documents that the driver received in the course of the current trip. SOR/2019-165, s. 31 SOR/2019-165, s. 44
Commercial Vehicle Drivers Hours of Service Regulations — 85
85 (1) A driver shall, within 20 days after completing a record of duty status, forward the record of duty status and supporting documents relating to that record to the home terminal and the motor carrier shall ensure that the driver does so. (2) A driver who is employed or otherwise engaged by more than one motor carrier in any day shall forward, within 20 days after completing a paper record of duty status, and the motor carriers shall ensure that the driver forwards, the original record of duty status to the home terminal of the last motor carrier for which the driver worked and a copy of it to the home terminal of each other carrier for which the driver worked, as well as the supporting documents relating to that record to the home terminal of the carrier for which the driver worked during the periods referred to in those supporting documents. (3) The motor carrier shall (a) deposit the records of duty status and the supporting documents relating to those records at its principal place of business within 30 days after receiving them; and (b) keep them in chronological order for each driver for a period of at least 6 months after the day on which they are received. SOR/2019-165, s. 32
Commercial Vehicle Drivers Hours of Service Regulations — 86
86 (1) No motor carrier shall request, require or allow a driver to keep and no driver shall keep more than one record of duty status in respect of any day. (2) No motor carrier shall request, require or allow any person to enter, and no person shall enter, inaccurate information in a record of duty status or falsify, mutilate, obscure, alter, delete, destroy or deface the records or supporting documents. (3) No motor carrier shall request, require or allow any person to, and no person shall, disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an ELD so that the device does not accurately record and retain the data that is required to be recorded and retained. SOR/2019-165, s. 34 SOR/2019-165, s. 44
Commercial Vehicle Drivers Hours of Service Regulations — 87
87 (1) A motor carrier shall monitor the compliance of each driver with these Regulations. (2) A motor carrier that determines that there has been non-compliance with these Regulations shall take immediate remedial action and record the dates on which the non-compliance occurred and the action taken. SOR/2019-165, s. 36
Commercial Vehicle Drivers Hours of Service Regulations — 91
91 (1) A director or an inspector may issue an out-of-service declaration in respect of a driver if (a) the driver contravenes paragraph 4(b); (b) the driver fails to comply with any of the driving time or off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit; (c) the driver is unable or refuses to produce their records of duty status in accordance with section 98; (d) there is evidence that shows that the driver has completed more than one record of duty status for a day, has entered inaccurate information in a record of duty status or has falsified information in a record of duty status; (e) the driver has falsified, mutilated, obscured, altered, deleted, destroyed or defaced a record of duty status or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit; or (f) the driver uses an ELD that has a disabled, deactivated, disengaged, jammed or otherwise blocked or degraded signal transmission or reception, or uses an ELD that has been re-engineered, reprogrammed or otherwise tampered with so that it does not accurately record and retain the data that is required to be recorded and retained, in such a way that the director or inspector is unable to determine whether the driver has complied with the driving time and off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit. (2) The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out-of-service declaration and the period during which it applies. (3) An out-of-service declaration applies (a) for 10 consecutive hours, if the driver contravenes paragraph 4(b); (b) for 10 consecutive hours, if the driver contravenes section 12; (c) for 8 consecutive hours, if the driver contravenes sections 13 or 39; (d) for 72 consecutive hours, if the driver contravenes section 86; or (e) for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of sections 14 to 29 and 41 to 54 or of a term or condition of a permit or with the requirements of section 98. (4) The out-of-service declaration in respect of a driver who contravenes section 86 continues to apply beyond the 72 hours until the driver rectifies the record of duty status, if applicable, and provides it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with these Regulations. SOR/2019-165, s. 37 SOR/2019-165, s. 44 SOR/2020-240, s. 4 SOR/2020-240, s. 5(F)
Commercial Vehicle Drivers Hours of Service Regulations — 96
96 An inspector shall, at all times during the exercise of their functions, produce on request proof of their designation and title.
Commercial Vehicle Drivers Hours of Service Regulations — 97
97 (1) An inspector may, during business hours, enter a motor carrier’s home terminal or principal place of business, other than living quarters, for the purpose of verifying compliance with the requirements of these Regulations. (2) An inspector may, at any time, enter a commercial vehicle, or stop and enter it, for the purpose of verifying compliance with the requirements of these Regulations. (3) An inspector may, at any time, enter a sleeper berth, or stop a commercial vehicle and enter its sleeper berth, for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1. SOR/2019-165, s. 38
Commercial Vehicle Drivers Hours of Service Regulations — 97.1
97.1 No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to an inspector who is engaged in carrying out their duties and functions under these Regulations. SOR/2019-165, s. 38
Commercial Vehicle Drivers Hours of Service Regulations — 98
98 (1) At the request of an inspector, a driver shall produce for inspection records of duty status for the current day and the preceding 14 days, the supporting documents for the current trip — in their existing format — as well as any permit under which the driver may be driving. (2) If the records requested by the inspector are in electronic format, the driver shall produce either the display or a printout of the records and, if requested by the inspector to transmit the records of duty status, shall transmit them by the transfer method identified by the inspector that is provided for in the Technical Standard and is supported by the ELD. (3) The driver shall, at the request of an inspector, give the inspector a copy of the paper records of duty status and supporting documents for the current day and the preceding 14 days, or the originals if it is not possible in the circumstances to make copies, as well as any permit under which the driver may be driving. (4) The inspector shall provide the driver with a receipt in the form set out in Schedule 3 for the paper records of duty status and supporting documents received. SOR/2019-165, s. 39
Commercial Vehicle Drivers Hours of Service Regulations — 99
99 (1) A motor carrier shall, during business hours, at the request of an inspector, produce the following documents for inspection at the place specified by the inspector: (a) records of duty status and the supporting documents relating to those records that are in its possession; (b) records of driving time of an unidentified driver; (c) the documents referred to in subsection 77(7); (d) the register of ELD malfunction or data diagnostic codes set out in subsection 78(6); (e) any permit under which a driver is driving or was driving during the period for which the inspector makes the request; or (f) the information recorded under subsection 87(2). (2) The motor carrier shall transmit to the inspector the electronic records of duty status in the format, and using one of the transfer methods, prescribed in the Technical Standard. (3) The inspector shall (a) immediately return the permit if it is still a current permit and provide a receipt in the form set out in Schedule 3 for any expired permit as well as for the paper records of duty status and supporting documents; and (b) return the expired permits, paper records of duty status and supporting documents within 14 days after the day on which they were received. SOR/2019-165, s. 39
Commercial Vehicle Drivers Hours of Service Regulations — 101
101 These Regulations come into force on January 1, 2007.
Commercial Vehicle Drivers Hours of Service Regulations — 1
1 An area of a commercial vehicle is a sleeper berth if (a) it is designed to be used as sleeping accommodation; (b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it; (c) it is not located in or on a semi-trailer or a full trailer; (d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space; (e) in the case of a bus, (i) it is located in the passenger compartment, (ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height, (iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked, (iv) it provides privacy for the occupant, and (v) it is equipped with a means to significantly limit the amount of light entering the area; (f) in the case of a commercial vehicle other than a bus, it is rectangular in shape with at least the following dimensions: (i) 1.9 m in length, measured on the centre line of the longitudinal axis, (ii) 60 cm in width, measured on the centre line of the transverse axis, and (iii) 60 cm in height, measured from the sleeping mattress to the highest point of the area; (g) it is constructed so that there are no impediments to ready entrance to or exit from the area; (h) there is a direct and readily accessible means of passing from it into the driver’s seat or compartment; (i) it is protected against leaks and overheating from the vehicle’s exhaust system; (j) it is equipped to provide heating, cooling and ventilation within the range of household temperatures; (k) it is sealed against dust and rain; (l) it is equipped with a mattress that is at least 10 cm thick; and (m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Whereas the Governor in Council is of the opinion that an extraordinary disruption to the effective continued operation of the national transportation system, other than a labour disruption, is imminent;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation Act a , may take any step that the Governor in Council considers essential to stabilize the national transportation system;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Whereas the Governor in Council is of the opinion that a failure to act under section 47 of the Canada Transportation Act a at this time would be contrary to the interests of users and operators of the national transportation system and that there are no other provisions in that Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the damage that would be caused by the imminent extraordinary disruption of the national transportation system;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation Act a , made Order in Council P.C. 2005-1356 on July 29, 2005 b and modified that Order by Order in Council P.C. 2005-1365 on August 4, 2005 c ;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Whereas Order in Council P.C. 2005-1356, made on July 29, 2005 b , will cease to have effect, by virtue of section 5 of that Order, on October 27, 2005;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
And whereas the Governor in Council considers it essential that, to ensure the stability of the national transportation system, this Order be made;
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Industry in his capacity as the minister responsible for the Competition Bureau, pursuant to section 47 of the Canada Transportation Act a , hereby makes the annexed Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority . a S.C. 1996, c. 10 b SOR/2005-232 c SOR/2005-234
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — 1
1 The following definitions apply in this Order. arbitration process means the arbitration process set out in section 10 of the Memorandum of Agreement. ( processus d’arbitrage ) dispute means the dispute that is the cause of the imminent extraordinary disruption to the effective continued operation of the national transportation system through the disruption of the movement of containers into and out of the ports. ( conflit ) Memorandum of Agreement means the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers’ Association dated July 29, 2005. ( protocole d’entente ) ports means, as the context requires (a) the following port facilities, namely, (i) the Port of Vancouver, and (ii) the Port of Fraser River; or (b) the following port authorities, namely, (i) the Vancouver Port Authority, and (ii) the Fraser River Port Authority. ( ports ) public officer includes a minister representing the federal government or the Government of British Columbia and any person employed in the public service of Canada or of the Province of British Columbia. ( fonctionnaire public )
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
arbitration process means the arbitration process set out in section 10 of the Memorandum of Agreement. ( processus d’arbitrage )
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
dispute means the dispute that is the cause of the imminent extraordinary disruption to the effective continued operation of the national transportation system through the disruption of the movement of containers into and out of the ports. ( conflit )
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
Memorandum of Agreement means the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers’ Association dated July 29, 2005. ( protocole d’entente )
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority
public officer includes a minister representing the federal government or the Government of British Columbia and any person employed in the public service of Canada or of the Province of British Columbia. ( fonctionnaire public )
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — 2
2 (1) For the purposes of subsection (2), authorization is given to the operators of trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of a port as well as to shippers, brokers, ports, the representatives of those persons and any other persons whose agreement, consent, participation or cooperation is required to resolve the dispute and implement any element of the proposed solution, including, for greater certainty and if applicable, a public officer, to (a) adhere to the Memorandum of Agreement; (b) renew their adhesion to the Memorandum; or (c) adhere or renew their adhesion to an agreement in respect of a licence granted by the Vancouver Port Authority or Fraser River Port Authority pursuant to section 4 or 5. (2) The authorizations granted under subsection (1) are for the sole purpose of giving the persons referred to in that subsection the freedom to do the things authorized in that subsection without the constraints imposed under the Competition Act that may otherwise apply.
Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority — 3
3 A party to the Memorandum of Agreement whose activities are under the legislative authority of Parliament shall charge or pay, as the case may be, the rates and charges set out in the Memorandum and otherwise comply with the terms and conditions of the Memorandum.