Confidentialit y of information

201.1 (1) Where information concerning the costs of a railway company or other information that is by its nature confidential was obtained from the company by the Agency in the course of an investigation under the Railway Act or the National Transportation Act, 1987, the information shall not be published or disclosed in such a manner as to be available for the use of any other person, except in accordance with subsection (2) or if, in the opinion of the Agency, the publication is necessary in the public interest.

Disclosure to Minister

(2) The Agency shall disclose to the Minister any information in its possession, other than information contained in a confidential contract entered into under subsection 119(1) of the National Transportation Act, 1987 or subsection 126(1) of this Act.

Consequential and Related Amendments

R.S., c. A-1

Access to Information Act

202. Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

National Transportation Agency

    Office national des transports

203. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Transportation Agency

    Office des transports du Canada

R.S., c. 28 (3rd Supp.), s. 275(2)

203.1 Schedule II to the Act is amended by striking out the reference to

National Transportation Act, 1987

    Loi de 1987 sur les transports nationaux

and the corresponding references to subsection 45(3), section 53 and subsections 119(5), 170(2), 259(2) and 269(1).

R.S., c. 28 (3rd Supp.), s. 275(1)

203.2 Schedule II to the Act is amended by striking out the reference to

Railway Act

    Loi sur les chemins de fer

and the corresponding references to section 353 and subsections 358(3) and (5).

203.3 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Canada Transportation Act

    Loi sur les transports au Canada

and a corresponding reference to subsection 51(1) and section 167.

R.S., c. A-2

Aeronautics Act

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 1)

204. Paragraph 5(b) of the Aeronautics Act is replaced by the following:

    (b) requiring owners and operators of aircraft to subscribe for and carry liability insurance and specifying the minimum amount of that insurance if the owners and operators are not required by regulations made by the Canadian Transportation Agency to subscribe for and carry liability insurance.

R.S., c. 33 (1st Supp.), s. 4, c. 28 (3rd Supp.), s. 359 (Sch., item 1)

205. (1) The portion of subsection 27(1) of the Act before paragraph (a) is replaced by the following:

Proof of documents

27. (1) In any action or proceeding under this Act, any document purporting to be certified by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence

R.S., c. 33 (1st Supp.), s. 4, c. 28 (3rd Supp.), s. 359 (Sch., item 1)

(2) The portion of subsection 27(2) of the Act before paragraph (a) is replaced by the following:

Certificate

(2) In any action or proceeding under this Act, any certificate purporting to be signed by the Minister, the Secretary of the Department of Transport or the Secretary of the Canadian Transportation Agency stating that a document, authorization or exemption under this Act

R.S., c. 35 (4th Supp.)

Air Canada Public Participation Act

206. Subsection 2(4) of the Air Canada Public Participation Act is replaced by the following:

Operation of Competition Act

(4) Nothing in, or done under the authority of, this Act affects the operation of the Competition Act in respect of the acquisition of any interest in the Corporation.

1989, c. 3

Canadian Transportation Accident Investigation and Safety Board Act

207. Section 59 of the Canadian Transportation Accident Investigation and Safety Board Act is repealed.

208. Subsection 62(2) of the Act is replaced by the following:

Transfer of premises and supplies

(2) All premises and supplies that were assigned to the Canadian Aviation Safety Board, the Department of Transport and the National Transportation Agency as at March 28, 1990 and that were connected with their investigations into transportation occurrences at that time are deemed to have been assigned to the Canadian Transportation Accident Investigation and Safety Board, and all additional arrangements made necessary by this Act shall be made by the appropriate departments and other authorities.

209. The schedule to the Act is amended by striking out the following:

National Transportation Agency

    Office national des transports

210. The schedule to the Act is amended by adding the following in alphabetical order:

Canadian Transportation Agency

    Office des transports du Canada

1992, c. 31

Coasting Trade Act

211. The definition ``Agency'' in subsection 2(1) of the Coasting Trade Act is replaced by the following:

``Agency''
« Office »

``Agency'' means the Canadian Transportation Agency;

R.S., c. C-44

Canada Business Corporations Act

212. Subsection 3(3) of the Canada Business Corporations Act is replaced by the following:

Certain Acts do not apply

(3) The following do not apply to a corporation:

    (a) the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970;

    (b) the Winding-up Act; and

    (c) the provisions of a Special Act, as defined in section 88 of the Canada Transportation Act, that are inconsistent with this Act.

213. Section 268 of the Act is amended by adding the following after subsection (10):

Exception for railway companies

(11) A body corporate that is incorporated under a Special Act, as defined in section 87 of the Canada Transportation Act, may apply for a certificate of continuance under section 187.

Previous continuance of railway companies

214. No continuance of a railway company granted under section 187 of the Canada Business Corporations Act before section 212 comes into force is invalid because the company was incorporated by or under an Act of Parliament.

R.S., c. D-4

Dry Docks Subsidies Act

215. Section 6 of the Dry Docks Subsidies Act is replaced by the following:

Expropriation of lands

6. (1) Where a company that has entered into an agreement with Her Majesty to construct a dry dock under this Act is unable to agree with the owner of any land or other real property or interest therein as to the purchase, acquisition or transfer of the land, property or interest or the price to be paid for it, and the company considers that it is necessary for a site for the dry dock, the company may, with the approval of the Governor in Council and in accordance with the Expropriation Act, expropriate the land, property or interest.

Notice to appropriate minister

(2) Where the Governor in Council approves an expropriation under subsection (1), the company shall so advise the appropriate minister in relation to Part I of the Expropriation Act.

Expropriation Act

(3) For the purposes of the Expropriation Act, land or real property or an interest therein that the Governor in Council has approved the expropriation of under subsection (1) is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be construed as a reference to the company.

Charges for services

(4) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by a company in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges.

Debt due to Her Majesty

(5) The fees or charges are a debt due to Her Majesty in right of Canada by the company, and shall bear interest at the prescribed rate from the date they are payable.

Security

(6) The Minister may require the company to provide security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any fees or charges that are or may become payable under this section.

R.S., c. E-9

Energy Supplies Emergency Act

R.S., c. 28 (3rd Supp.), ss. 283, 359 (Sch., item 5)

216. Section 35 of the Energy Supplies Emergency Act is replaced by the following:

Railway transportation

35. (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency to order railway cars, motive power or other railway equipment to be allotted, distributed, used or moved as required by the Board and to order railway lines and railway facilities to be used and shared as required by the Board, and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board.

Consultation with Canadian Transportatio n Agency

(2) Before issuing a direction under this section, the Board shall consult with the Canadian Transportation Agency, and may consult with such other authorities as it considers necessary to assist it in determining the effect of its direction on the movement of other traffic by rail and satisfying itself that on balance the greater public interest would be served by its direction to the Agency.

Conflict of statutory powers

(3) Section 4 of the Canada Transportation Act does not apply in respect of any conflict between a regulation made under this Act and a regulation made under that Act, and in the event of any such conflict, the regulation made under this Act prevails.

R.S., c. 28 (3rd Supp.), ss. 284, 359 (Sch., item 5)

217. (1) Subsections 37(1) and (2) of the Act are replaced by the following:

Water transportation

37. (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency

    (a) to order any Canadian ship to be used or sailed as required by the Board, and

    (b) to authorize a ship that is not a Canadian ship to carry any controlled product between points in Canada when no Canadian ship is available to carry the controlled product,

and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board.

Consultation with Canadian Transportatio n Agency

(2) Before giving a direction under this section, the Board shall consult with the Canadian Transportation Agency and may consult with such other authorities as it considers necessary in order to satisfy itself that a proposed direction would have the least detrimental effect on the carriage of goods by water in Canada consistent with the need to carry out the purposes of this Act.

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 5)

(2) The portion of subsection 37(3) of the Act before paragraph (a) is replaced by the following:

Exemption duties and licences

(3) The Board may, by order, exempt any non-Canadian ship engaged in Canadian coasting trade pursuant to an order of the Canadian Transportation Agency under paragraph (1)(b) from

R.S., c. 28 (3rd Supp.), s. 285, c. 29 (3rd Supp.), s. 24

218. Section 38 of the Act is replaced by the following:

Motor transport

38. In respect of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act, 1987, the Board may authorize the operation of the undertaking for the transport of a controlled product notwithstanding any provision of that Act or the Canada Transportation Act or any regulations made pursuant to either of those Acts.

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 5)

219. Subsection 39(1) of the Act is replaced by the following:

Approval required

39. (1) Where a direction under section 35, 36 or 37 would require the construction of works pursuant to an order of the Canadian Transportation Agency or the National Energy Board under any of those sections, the direction shall not be made by the Board unless it is satisfied that sufficient financing is available for the construction of the work to be directed and the Governor in Council has approved the making of the direction.

R.S., c. 28 (3rd Supp.), s. 286

220. Section 40 of the Act is replaced by the following:

Enforcement of orders

40. Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the National Energy Board pursuant to any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the National Energy Board under the Canada Transportation Act or the National Energy Board Act, as the case may be.

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 5)

221. The portion of subsection 41(2) of the Act before paragraph (a) is replaced by the following:

Offence

(2) A person who wilfully contravenes an order of the Canadian Transportation Agency or the National Energy Board made pursuant to a direction of the Energy Supplies Allocation Board under this Act is guilty of an offence and liable

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 5)

222. (1) Subsection 42(1) of the Act is replaced by the following:

Injunctions and orders

42. (1) When it appears to the Board that any person or organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of any provision of a regulation under this Act or in contravention of any decision or order made by the Canadian Transportation Agency or the National Energy Board pursuant to a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in the Federal Court or any superior court to enjoin those acts or practices.

R.S., c. 28 (3rd Supp.), s. 359 (Sch., item 5)

(2) Paragraph 42(2)(b) of the Act is replaced by the following: