Canada Transportation Act (S.C. 1996, c. 10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Transportation Act.

Her Majesty

Marginal note:Binding on Her Majesty

2 This Act is binding on Her Majesty in right of Canada or a province.

Application

Marginal note:Application generally

3 This Act applies in respect of transportation matters under the legislative authority of Parliament.

Marginal note:Conflicts

• 4 (1) Subject to subsection (2), where there is a conflict between any order or regulation made under this Act in respect of a particular mode of transportation and any rule, order or regulation made under any other Act of Parliament in respect of that particular mode of transportation, the order or regulation made under this Act prevails.

• 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.

National Transportation Policy

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 all persons;

• (d.1) the transportation system is accessible without barriers to persons with disabilities; and

• (e) governments and the private sector work together for an integrated transportation system.

Interpretation

Marginal note:Definitions

6 In this Act,

Agency

Agency means the Canadian Transportation Agency continued by subsection 7(1); (Office)

carrier

carrier means a person who is engaged in the transport of goods or passengers by any means of transport under the legislative authority of Parliament; (transporteur)

Chairperson

Chairperson means the Chairperson of the Agency; (président)

class 1 rail carrier

class 1 rail carrier means

• (a) the Canadian National Railway Company,

• (b) the Canadian Pacific Railway Company,

• (c) BNSF Railway Company,

• (d) CSX Transportation, Inc.,

• (e) Norfolk Southern Railway Company,

• (f) Union Pacific Railroad Company, and

• (g) any railway company, as defined in section 87, that is specified in the regulations; (transporteur ferroviaire de catégorie 1)

goods

goods includes rolling stock and mail; (marchandises)

member

member means a member of the Agency appointed under subsection 7(2) and includes a temporary member; (membre)

Minister

Minister means the Minister of Transport; (ministre)

radioactive material

radioactive material has the same meaning as in subsection 1(1) of the Packaging and Transport of Nuclear Substances Regulations, 2015. It includes a dangerous good with any of UN numbers 2908 to 2913, 2915 to 2917, 2919, 2977, 2978, 3321 to 3333 and 3507 that are set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods — Model Regulations, Eighteenth revised edition, 2013, published by the United Nations; (matière radioactive)

rolling stock

rolling stock includes a locomotive, engine, motor car, tender, snow-plough, flanger and any car or railway equipment that is designed for movement on its wheels on the rails of a railway; (matériel roulant)

shipper

shipper means a person who sends or receives goods by means of a carrier or intends to do so; (expéditeur)

sitting day of Parliament

sitting day of Parliament means a day on which either House of Parliament sits; (jour de séance)

superior court

superior court means

• (a) in Ontario, the Superior Court of Justice,

• (b) in Quebec, the Superior Court,

• (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

• (d) in Nova Scotia, British Columbia, Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court,

• (e) in Newfoundland and Labrador, the Trial Division of the Supreme Court, and

• (f) in Nunavut, the Nunavut Court of Justice; (cour supérieure)

temporary member

temporary member means a temporary member of the Agency appointed under subsection 9(1); (membre temporaire)

TIH (Toxic Inhalation Hazard) material

TIH (Toxic Inhalation Hazard) material means a gas or substance that is included in Class 2.3 of the Transportation of Dangerous Goods Regulations or that, under paragraph 2.28(c) of those Regulations, is included in Class 6.1 of those Regulations. It includes a dangerous good with a UN number that is set out in Column 1 of the Dangerous Goods List in Chapter 3.2 of the Recommendations on the Transport of Dangerous Goods – Model Regulations, Eighteenth revised edition, 2013, published by the United Nations and that is listed in Schedule III; (matière toxique par inhalation)

Vice-Chairperson

Vice-Chairperson means the Vice-Chairperson of the Agency. (vice-président)

Power of the Governor in Council

Marginal note:Governor in Council

6.1 The Governor in Council may make regulations specifying railway companies for the purpose of paragraph (g) of the definition class 1 rail carrier.

Marginal note:Designated person

6.11 The Governor in Council may, by regulations, designate a person for the purposes of subsections 50(1.001) and (3) and 51(1), (3) and (4).

Electronic Administration and Enforcement

Marginal note:Electronic means

• 6.2 (1) If the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means.

• Marginal note:Designated persons

  (2) For greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegate

  (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister.

Marginal note:Provision of information

6.3 For the purposes of sections 6.4 and 6.5, providing information includes

• (a) making an application, request or decision;

• (b) giving notice; and

• (c) submitting a document.

Marginal note:Conditions for electronic version

6.4 For the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if

• (a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and

• (b) any other condition that is provided for in regulations made under paragraph 6.5(a) is met.

Marginal note:Regulations

6.5 The Governor in Council may make regulations

• (a) respecting the application of sections 6.2 and 6.4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;

• (b) setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means;

• (c) authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and

• (d) respecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received.

Exemptions

Marginal note:Application

• 6.6 (1) A person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act.

• Marginal note:Information

  (2) The Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application.

• Marginal note:Debts to Her Majesty

  (3) The Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada.

Marginal note:Order

• 6.7 (1) The Minister may, by order, exempt, for a period of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing.

• Marginal note:Extension

  (2) The Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate.

• Marginal note:Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to an order made under this section that applies to a single person or thing.

• Marginal note:Accessibility

  (4) The Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information.

• Marginal note:Exemptions under other Act

  (5) For greater certainty, the making of an order under subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa.

Marginal note:Cost recovery

6.8 The Minister may recover any costs associated with the processing and assessing of an application under section 6.6 and may refuse to make the order requested until those costs are recovered from the applicant.

PART IAdministration

Canadian Transportation Agency

Continuation and Organization

Marginal note:Agency continued

• 7 (1) The agency known as the National Transportation Agency is continued as the Canadian Transportation Agency.

• 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.

• Marginal note:Chairperson and Vice-Chairperson

  (3) The Governor in Council shall designate one of the members appointed under subsection (2) to be the Chairperson of the Agency and one of the other members appointed under that subsection to be the Vice-Chairperson of the Agency.