An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (S.C. 2007, c. 19)
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Assented to 2007-06-22
An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts
S.C. 2007, c. 19
Assented to 2007-06-22
An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Canada Transportation Act. Certain amendments apply to all modes of transportation, including amendments that clarify the national transportation policy and the operation of the Competition Act in the transportation sector, change the number of members of the Canadian Transportation Agency, create a mediation process for transportation matters, modify requirements regarding the provision of information to the Minister of Transport and modify and extend provisions regarding mergers and acquisitions of air transportation undertakings to all transportation undertakings.
It amends the Act with respect to the air transportation sector, in particular, in relation to complaints processes, the advertising of prices for air services and the disclosure of terms and conditions of carriage.
The enactment also makes several amendments with respect to the railway transportation sector. It creates a mechanism for dealing with complaints concerning noise and vibration resulting from the construction or operation of railways and provisions for dealing with the transfer and discontinuance of operation of railway lines. It also establishes a mechanism for resolving disputes between public passenger service providers and railway companies regarding the use of railway company equipment and facilities.
The enactment also amends the Railway Safety Act to create provisions for the appointment of police constables with respect to railway companies and procedures for dealing with complaints concerning them.
In addition, it contains transitional provisions and consequential amendments.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1996, c. 10CANADA TRANSPORTATION ACT
1. Subsection 4(2) of the Canada Transportation Act is replaced by the following:
Marginal note:Competition Act
(2) Subject to subsection (3), nothing in or done under the authority of this Act, other than Division IV of Part III, affects the operation of the Competition Act.
Marginal note:International agreements respecting air services
(3) In the event of any inconsistency or conflict between an international agreement or convention respecting air services to which Canada is a party and the Competition Act, the provisions of the agreement or convention prevail to the extent of the inconsistency or conflict.
2. Section 5 of the Act is replaced by the following:
Marginal note:Declaration
5. It is declared that a competitive, economic and efficient national transportation system that meets the highest practicable safety and security standards and contributes to a sustainable environment and makes the best use of all modes of transportation at the lowest total cost is essential to serve the needs of its users, advance the well-being of Canadians and enable competitiveness and economic growth in both urban and rural areas throughout Canada. Those objectives are most likely to be achieved when
(a) competition and market forces, both within and among the various modes of transportation, are the prime agents in providing viable and effective transportation services;
(b) regulation and strategic public intervention are used to achieve economic, safety, security, environmental or social outcomes that cannot be achieved satisfactorily by competition and market forces and do not unduly favour, or reduce the inherent advantages of, any particular mode of transportation;
(c) rates and conditions do not constitute an undue obstacle to the movement of traffic within Canada or to the export of goods from Canada;
(d) the transportation system is accessible without undue obstacle to the mobility of persons, including persons with disabilities; and
(e) governments and the private sector work together for an integrated transportation system.
Marginal note:2001, c. 27, s. 221
3. Subsection 7(2) of the Act is replaced by the following:
Marginal note:Composition of Agency
(2) The Agency shall consist of not more than five members appointed by the Governor in Council, and such temporary members as are appointed under subsection 9(1), each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
4. Subsection 8(3) of the Act is replaced by the following:
Marginal note:Continuation in office
(3) If a member appointed under subsection 7(2) ceases to hold office, the Chairperson may authorize the member to continue to hear any matter that was before the member on the expiry of the member’s term of office and that member is deemed to be a member of the Agency, but that person’s status as a member does not preclude the appointment of up to five members under subsection 7(2) or up to three temporary members under subsection 9(1).
5. Subsection 18(2) of the Act is replaced by the following:
Marginal note:Residence of members
(2) The members 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.
Marginal note:2002, c. 8, s. 122
6. Subsection 33(1) of the Act is replaced by the following:
Marginal note: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.
7. The Act is amended by adding the following after section 36:
Mediation
Marginal note: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.
Marginal note:Appointment of mediator
(2) When a dispute is referred for mediation, the Chairperson shall appoint one or two persons to mediate the dispute.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Mediation or Arbitration
Marginal note:Request by all parties
36.2 (1) If section 36.1 does not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III 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.
Marginal note: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.
Marginal note: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.
8. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations re information
50. (1) The Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, when and in the form and manner that the regulations may specify, for the purposes of
(2) Paragraph 50(1)(b) of the Act is replaced by the following:
(b) reporting under section 52;
(3) Paragraph 50(1)(d) of the Act is replaced by the following:
(d) any safety, security or subsidy program;
(4) Section 50 of the Act is amended by adding the following after subsection (1):
Marginal note:Persons referred to
(1.1) The persons for the purposes of subsection (1) are
(a) carriers;
(b) owners or operators of
(i) transportation undertakings,
(ii) transportation works, infrastructure, facilities or assets, and
(iii) grain handling undertakings;
(c) providers of services in relation to transportation, including
(i) the Canadian Air Transport Security Authority,
(ii) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and
(iii) Pilotage Authorities named in the schedule to the Pilotage Act;
(d) intermediaries involved in transportation movements who are specified in the regulations; and
(e) any other person or class of persons specified in the regulations.
9. The Act is amended by adding the following after section 50:
Marginal note:Information already provided
50.1 For the purposes of subsection 50(1), if any information referred to in that subsection has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister.
Marginal note:2000, c. 16, s. 2
10. (1) Subsection 51(2) of the Act is replaced by the following:
Marginal note:Administrative use of information
(2) Subsection (1) does not apply so as to prohibit
(a) the communication of information to the Agency or to a minister of the Crown in right of Canada, the agent of any such minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;
(b) the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;
(c) the reporting of information in an aggregated form that prevents information obtained from an identifiable person from being related to that person;
(d) the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; or
(e) the communication of information that is available to, or ascertainable by, the public.
Marginal note:Terms and conditions
(2.1) The Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).
(2) Section 51 of the Act is amended by adding the following after subsection (3):
Marginal note:Requirement for other persons to maintain confidentiality
(4) Any person who receives information from the Minister that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.
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