Marginal note:Withdrawal of power to issue safety fitness certificates
9. (1) If the Minister is satisfied after consultation with the provinces that the provincial authority in a province is not issuing safety fitness certificates in accordance with this Act, the Minister may, by order, withdraw its power to issue such certificates.
Marginal note:Effective date of withdrawal
(2) An order made under subsection (1) takes effect on the date of its publication in the Canada Gazette.
Marginal note:Undertaking that holds a certificate
(3) An extra-provincial motor carrier undertaking that holds a safety fitness certificate issued by a provincial authority whose power to issue certificates under this section has been withdrawn shall, not later than sixty days after publication of an order made under subsection (1), file a declaration with another provincial authority that the undertaking is subject to supervision by it.
- R.S., 1985, c. 29 (3rd Supp.), s. 9;
- 1992, c. 1, s. 144(F);
- 2001, c. 4, s. 100(E), c. 13, s. 5.
10. If the Minister is satisfied that a provincial authority referred to in subsection 9(3) has remedied its default and established a plan to ensure that the default does not recur, the Minister shall, by order, revoke the order made under subsection 9(1).
- R.S., 1985, c. 29 (3rd Supp.), s. 10;
- 2001, c. 13, s. 5.
11. to 15. [Repealed, 1996, c. 17, s. 19]
EXEMPTIONS, REGULATIONS, FOREIGN CARRIERS AND OFFENCE AND PUNISHMENT
16. (1) The Minister may, after consultation with the provinces that would be affected by a proposed exemption, exempt from the application of any provision of this Act or the regulations, either generally or for a limited period or in respect of a limited area, any person, the whole or any part of any extra-provincial motor carrier undertaking or any class of those undertakings, if in the opinion of the Minister the exemption is in the public interest and is not likely to affect motor carrier safety.
Marginal note:Terms and conditions
(2) An exemption under subsection (1) is subject to any terms or conditions that the Minister may specify in it.
- R.S., 1985, c. 29 (3rd Supp.), s. 16;
- 2001, c. 13, s. 6.
16.1 (1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the provinces that would be affected by the proposed regulation, make regulations for the attainment of the objectives of this Act and, in particular, regulations
(a) prescribing classes of extra-provincial motor carrier undertakings for the purposes of this Act, or any or all regulations under this Act;
(b) respecting the criteria according to which provincial authorities may issue safety fitness certificates under section 8;
(c) prescribing analogous documents for the purpose of subsection 7(1);
(d) respecting the safe operation of extra-provincial motor carrier undertakings including regulations respecting audit, inspection, entry on premises and the provision of information;
(e) prescribing the criteria relating to the fitness of an extra-provincial motor carrier undertaking to hold a safety fitness certificate issued under section 8;
(f) prescribing the type, amount and conditions of insurance and bonding coverage required to be held by an extra-provincial motor carrier undertaking;
(g) prescribing the information that applicants, extra-provincial motor carrier undertakings and provincial authorities must provide to the Minister, to other provincial authorities or to foreign states or agencies of those states;
(h) prescribing the conditions of carriage and the limitations of liability that apply with respect to extra-provincial motor carrier undertakings; and
(i) restricting or otherwise governing the release of pollutants into the environment from the operation of vehicles operated by extra-provincial motor carrier undertakings.
Marginal note:Incorporation by reference
(2) A regulation made under subsection (1) may incorporate by reference all or any portion of another document, as amended from time to time, including
(a) a standard relating to the safe operation of a motor carrier undertaking; and
(b) the law of a province relating to motor vehicle undertakings.
- 2001, c. 13, s. 6.
- Date modified: