Marginal note:Unfair practices
17. (1) If the Minister is of the opinion that a government in a foreign state has engaged in unfair, discriminatory or restrictive practices with regard to Canadian extra-provincial motor carrier undertakings that operate in that state or between that state and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs, seek elimination of those practices through consultations with that state.
Marginal note:Order in Council
(2) If the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister and the Minister of Foreign Affairs made after consultation by the Minister with the provinces that would be affected by the proposed order, notwithstanding anything in this Act or any other Act of Parliament, by order, subject to any conditions that may be specified in the order,
(a) prohibit or restrict the issuance of a safety fitness certificate under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier;
(b) direct any provincial authority to suspend a safety fitness certificate issued under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier; and
(c) direct any provincial authority to reinstate a safety fitness certificate suspended in accordance with a direction issued under paragraph (b).
(3) A provincial authority to which an order applies shall comply with it.
- R.S., 1985, c. 29 (3rd Supp.), s. 17;
- 1995, c. 5, s. 25;
- 2001, c. 13, s. 7.
Offence and Punishment
18. (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act is guilty of an offence punishable on summary conviction.
(2) Any proceedings in respect of an offence under this Act may be commenced at any time within, but not later than, twelve months after the time when the subject-matter of the proceedings arose.
Marginal note:Punishment re individuals
19. (1) An individual who is convicted of an offence under this Act is liable to a fine not exceeding five thousand dollars.
Marginal note:Punishment re corporations
(2) A corporation that is convicted of an offence under this Act is liable to a fine not exceeding twenty-five thousand dollars.
Marginal note:Officers, etc., of corporations
20. Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.
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