Electronic Administration and Enforcement (continued)
Marginal note:Provision of information
6.3 For the purposes of sections 6.4 and 6.5, providing information includes
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.
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.
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.
(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.
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.
(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
(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.
Canadian Transportation Agency
Continuation and Organization
Marginal note:Agency continued
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.
- 1996, c. 10, s. 7
- 2001, c. 27, s. 221
- 2007, c. 19, s. 3
- 2015, c. 3, s. 30(E)
Marginal note:Term of members
(2) A member appointed under subsection 7(2) is eligible to be reappointed on the expiration of a first or subsequent term of office.
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).
- 1996, c. 10, s. 8
- 2007, c. 19, s. 4
- 2015, c. 3, s. 31(E)
Marginal note:Temporary members
(2) The Governor in Council may appoint any individual to a roster of candidates for the purpose of subsection (1).
Marginal note:Maximum number
(3) Not more than three temporary members shall hold office at any one time.
Marginal note:Term of temporary members
(4) A temporary member shall hold office during good behaviour for a term of not more than one year and may be removed for cause by the Governor in Council.
Marginal note:No reappointment
(5) A person who has served two consecutive terms as a temporary member is not, during the twelve months following the completion of the person’s second term, eligible to be reappointed to the Agency as a temporary member.
Marginal note:Members — conflicts of interest
Marginal note:Temporary members may not hold other office
(2) During the term of office of a temporary member, the member shall not accept or hold any office or employment that is inconsistent with the member’s duties under this Act.
Marginal note:Disposal of conflict of interest
(3) If an interest referred to in subsection (1) vests in a member appointed under subsection 7(2) for the benefit of the member by will or succession, the member shall, within three months after the vesting, absolutely dispose of the interest.
- 1996, c. 10, s. 10
- 2015, c. 3, s. 32(E)
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