C.R.C., c. 156620196

DEPARTMENT OF TRANSPORT ACTTransport Control RegulationsRegulations Respecting Transport ControlShort Title

1These Regulations may be cited as the Transport Control Regulations.

Interpretation

2In these Regulations and in any order,bulk transport facilities includes any property, real or personal, designed or suited, or capable of being used, for the transportation of goods in bulk either by means of ships or by a company to which the Railway Act applies including any facilities for loading, unloading and storing goods in bulk and any facilities owned or controlled by or in possession of any person operating transport facilities, and, without limiting the generality of the foregoing, transport facilities includes(a)railway facilities designed or suited, as to design, or capable of being used for the transportation of goods in bulk,(b)ships of 1,000 gross registered tons or over so designed or suited, or capable of being so used, and(c)storage facilities used or capable of being used in connection with transporting goods in bulk; (installations de transport en vrac)Controller or Transport Controller and Deputy Controller or Deputy Transport Controller mean, respectively, the Transport Controller or Deputy Transport Controller appointed by the Governor in Council under section 3; (régisseur or régisseur des transports and sous-régisseur or sous-régisseur des transports)dealing in or with includes buying, selling, owning, leasing, hiring, lending, borrowing, exchanging, acquiring, importing, storing, supplying, chartering, operating, delivering, transporting, distributing, dispensing, shipping, conveying, installing or using; (s'occupant ou disposant de)equipment includes any property, real or personal, and any goods owned by or under the control of any person for the purpose of operating bulk transport facilities and any articles, substances or things to be included in or excluded from equipment for the purposes of these Regulations or any part thereof; (matériel)goods in bulk includes grain, and grain products, ore and minerals (crude, screened, sized, refined or concentrated, but not otherwise processed), ferrous metals, iron and steel scrap, sand, stone and gravel, pulpwood, woodpulp, poles and logs, coal and coke, and sulphur and phosphate; (denrées en vrac)grain includes wheat, flour, flax, barley, rye, buckwheat, corn, oats, mill feed and grain screenings; (grains)order means an order made under these Regulations; (ordonnance)services means any accommodations or undertakings sold or supplied by any person owning, operating, controlling or having in his possession any bulk transport facilities or equipment of the operation thereof; (services)ship means a ship, as defined in the Canada Shipping Act, that is registered in Canada. (navire)

Appointment and Duties of Controllers

3The Governor in Council, on the recommendation of the Minister of Transport, may appoint a Transport Controller and one or more Deputy Transport Controllers.

4A Deputy Transport Controller may exercise any and all powers conferred upon the Controller by these Regulations, subject to any restrictions that the Controller may impose and subject in all cases to review by the Controller; but any order by a Deputy Transport Controller is final and binding unless and until it has been reviewed and varied or vacated by the Transport Controller.

5(1)The Transport Controller may(a)order any person dealing in or with bulk transport facilities to transport goods in bulk in such priority over any other goods in bulk or over other goods, and as between them or any of them, as the Controller directs;(b)fix minimum quotas, amounts or quantities of any goods in bulk that shall be moved in any bulk transport facilities during such period as he directs;(c)fix minimum ratios or proportions of any goods in bulk in relation to any other goods in bulk or to other goods, that shall be moved in any bulk transport facilities during such period as he directs;(d)fix minimum quotas, amounts or quantities of any goods in bulk that any person dealing in or with bulk transport facilities shall transport or cause to be transported in such facilities during such period as he directs;(e)fix minimum ratios or proportions of any goods in bulk in relation to any other goods in bulk or to other goods that any person dealing in or with bulk transport facilities shall transport or cause to be transported in such facilities during such period as he directs;(f)order any person dealing in or with bulk transport facilities to limit, discontinue or cease to operate, except for the transportation of such goods in bulk as he designates, any such facilities for such time as he directs;(g)order any person dealing in or with bulk transport facilities to extend, furnish, supply or make use of any bulk transport facilities, services or equipment for transporting any goods in bulk at such times and places and in such manner as he directs; and(h)order or require any person dealing in or with bulk transport facilities or goods in bulk or any agent, employee or representative of any such person, to furnish in such form and within such time as the Controller may prescribe such facts, data or information as the Controller may deem necessary or advisable; and the Controller may require the same to be furnished under oath or affirmation.(2)An order may be either general or with respect to a specific or particular matter, thing, activity or undertaking.(3)Any violation of an order made under this section shall be deemed to be a violation of these Regulations.

6Where any person fails to fulfil any contract, charter or obligation, whether made or assumed before or after June 1, 1954 or any order, and such failure is due to compliance on the part of such person with any order made after such contract, charter or obligation was made or assumed, proof of that fact is a good defence to any action or proceeding against such person in respect of such failure.

7The Controller, a Deputy Controller or any person acting for or on behalf of or under the authority of the Controller is not liable to any person for anything done or omitted to be done in the exercise or purported exercise of any power or authority vested in the Controller by these Regulations.

8Such staff and organization at Ottawa and elsewhere in Canada as may be required by the Controller may be appointed in the manner prescribed by law.

9Any person who violates any of the provisions of these Regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term of six months, or to both, and in the case of conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term of five years, or to both.