Motor Vehicle Transport Act (R.S.C., 1985, c. 29 (3rd Supp.))

Foreign Carriers

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).

• Marginal note:Compliance

  (3) A provincial authority to which an order applies shall comply with it.

Offence and Punishment

Marginal note:Offence

• 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.

• Marginal note:Limitation

  (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.

Marginal note:Venue

20.1 A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

Marginal note:Disposition of fines

21 A fine imposed under section 19 shall be paid over by the provincial court judge or officer receiving it to the treasurer of the province in which it was imposed.

Marginal note:Proof of documents

22 In any proceedings for an offence under this Act, any document purporting to be certified by a provincial authority to be a true copy of any order or direction made by it is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence of the original document of which it purports to be a copy.

Transitional Provisions

Marginal note:Deeming

23 If an extra-provincial motor carrier undertaking is, on the day immediately before the coming into force of this section, authorized to operate within a province, the undertaking is deemed to hold a safety fitness certificate issued under section 8.

Marginal note:Pending applications

• 24 (1) An application for a licence made under section 8, as that section read before the coming into force of this section, and pending on the day immediately before that coming into force, is deemed to have been made under section 8 of this Act.

• Marginal note:Pending applications — bus transport

  (2) Every application for a licence made under section 5 with respect to bus transport that is pending on the day immediately before the coming into force of this section, is deemed to be an application made under sections 5 and 8.

Annual Report

Marginal note:Report to Parliament

• 25 (1) The Minister shall prepare an annual report and cause a copy of it to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister completes it.

• Marginal note:Content of annual report

  (2) The annual report of the Minister shall contain the following in respect of the year:

  • (a) the available statistical information respecting trends of highway accidents in Canada involving motor vehicles operated by extra-provincial bus undertakings and extra-provincial truck undertakings reported separately for bus undertakings and truck undertakings; and

  • (b) a progress report on the implementation of rules and standards respecting the safe operation of extra-provincial bus undertakings and of extra-provincial truck undertakings.

Review of Provisions

Marginal note:Review

• 26 (1) The Minister shall, after the expiry of four years after the coming into force of this section and before the expiry of five years after that coming into force, undertake and complete a comprehensive review of the operation and effect of the amendments to this Act contained in An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts and shall, without delay, prepare a report with respect to that review.

• Marginal note:Minister to make report available

  (2) The Minister shall make the report available to the Council of Ministers Responsible for Transportation and Highway Safety at the next meeting of the council after its completion.

• Marginal note:Tabling of report

  (3) The Minister shall cause a copy of the report to be laid before each House of Parliament during the first thirty sitting days of that House following its completion.

27 [Repealed, 2001, c. 13, s. 9]

28 [Repealed, 2001, c. 13, s. 9]

29 [Repealed, 2001, c. 13, s. 9]

30 [Repealed, 2001, c. 13, s. 9]

31 [Repealed, 2001, c. 13, s. 9]

32 [Repealed, 2001, c. 13, s. 9]

33 [Repealed, 2001, c. 13, s. 9]

34 [Repealed, 2001, c. 13, s. 9]

35 [Repealed, 2001, c. 13, s. 9]