Bill C-101
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Governor in Council |
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Directions to Agency
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| Policy
directions
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43. (1) The Governor in Council may, at the
request of the Agency or of the Governor in
Council's own motion, issue policy directions
to the Agency concerning any matter that
comes within the jurisdiction of the Agency
and every such direction shall be carried out
by the Agency under the Act of Parliament
that establishes the powers, duties and
functions of the Agency in relation to the
subject-matter of the direction.
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| Limitation on
directions
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(2) A direction issued under subsection (1)
shall not affect a matter that is before the
Agency on the date of the direction and that
relates to a particular person.
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| Delay of
binding effect
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44. A direction issued under section 43 is
not binding on the Agency until the expiration
of the thirtieth sitting day of Parliament after
the direction has been laid before both Houses
of Parliament by or on behalf of the Minister,
unless the direction has been previously laid
before both Houses of Parliament in proposed
form by or on behalf of the Minister and thirty
sitting days of Parliament have expired after
the proposed direction was laid.
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| Referral to
committee
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45. Where a direction referred to in section
43 is issued or a proposed direction referred to
in section 44 is laid before a House of
Parliament, it shall be referred without delay
by that House to the committee of that House
that it considers appropriate to deal with the
subject-matter of the direction or proposed
direction.
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| Consultation
required
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46. Before a direction referred to in section
43 is issued or a proposed direction referred to
in section 44 is laid before a House of
Parliament, the Minister shall consult with the
Agency with respect to the nature and
subject-matter of the direction or proposed
direction.
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Extraordinary Disruptions
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| Governor in
Council may
prevent
disruptions
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47. (1) Where the Governor in Council is of
the opinion that
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the Governor in Council may, on the
recommendation of the Minister and the
minister responsible for the Bureau of
Competition Policy, by order, take any steps,
or direct the Agency to take any steps, that the
Governor in Council considers essential to
stabilize the national transportation system,
including the imposition of capacity and
pricing restraints.
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| Minister may
consult
affected
persons
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(2) Before recommending that an order be
made under this section, the Minister may
consult with any person who the Minister
considers may be affected by the order.
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| Order is
temporary
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(3) An order made under this section shall
have effect for no more than ninety days after
the order is made.
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| Order to be
tabled in
Parliament
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(4) The Minister shall cause any order made
under this section to be laid before both
Houses of Parliament within seven sitting
days after the order is made.
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| Reference to
Parliamentary
Committee
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(5) Every order laid before Parliament
under subsection (4) shall be referred for
review to the Standing committee designated
by Parliament for the purpose.
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| Resolution of
Parliament
revoking
order
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(6) Where a resolution directing that an
order made under this section be revoked is
adopted by both Houses of Parliament before
the expiration of thirty sitting days of
Parliament after the order is laid before both
Houses of Parliament, the order shall cease to
have effect on the day that the resolution is
adopted or, if the adopted resolution specifies
a day on which the order shall cease to have
effect, on that specified day.
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| Competition
Act
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(7) Notwithstanding subsection 4(2), this
section and anything done under the authority
of this section prevail over the Competition
Act.
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| Offence
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(8) Every person who contravenes an order
made under this section is guilty of an offence
and liable on summary conviction
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for each day the person contravenes the order.
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Minister |
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Support Agreements
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| Support
agreements
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48. The Minister may, with the approval of
the Governor in Council and on the terms and
conditions that the Governor in Council may
specify, enter into agreements in support of the
national transportation policy set out in
section 5 or in respect of any transportation
matter that the Minister considers appropriate.
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Inquiries
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| Minister may
request
inquiry
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49. The Minister may direct the Agency to
inquire into any matter or thing concerning
transportation to which the legislative
authority of Parliament extends and report the
findings on the inquiry to the Minister as and
when the Minister may require.
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Transportation Information
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| Regulations re
information
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50. (1) The Minister may, with the approval
of the Governor in Council, make regulations
requiring carriers or transportation or grain
handling undertakings to which the legislative
authority of Parliament extends to provide
information to the Minister, when and in the
form and manner that the regulations may
specify, for the purposes of
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| Information to
be provided
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(2) Information required to be provided
under subsection (1) may include the
following:
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| Restriction
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(3) No regulation made under subsection
(1) shall require or have the effect of requiring
any person to provide the Minister with a
contract referred to in subsection 68(1) or
entered into under subsection 126(1).
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| Exemptions
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(4) The Minister may exempt a carrier or
transportation undertaking from the
application of all or any part of a regulation
made under subsection (1) if the Minister is
satisfied that is it not practicable for the carrier
or transportation undertaking to provide the
information.
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| Consultations
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(5) The Minister may consult with the
Agency or Statistics Canada before making
any regulation under this section.
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| Confidentialit
y of
information
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51. (1) Except as otherwise specifically
provided in this Act or any other Act of
Parliament, information required to be
provided to the Minister pursuant to this Act
is, when it is received by the Minister,
confidential and must not knowingly be
disclosed or made available by any person
without the authorization of the person who
provided the information or documentation,
except for the purposes of a prosecution of a
contravention of section 173.
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| Administrativ
e use of
information
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(2) Subsection (1) does not apply so as to
prohibit
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| Safe and
secure
procedures
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(3) The Minister shall ensure that the
procedures and physical measures taken to
ensure the confidentiality of information
provided to the Minister pursuant to this Act,
including the keeping of electronic data, are
safe and secure.
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Industry Review
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| Industry
review
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52. (1) Each year the Minister shall, before
the end of May, lay before Parliament a report
briefly reviewing the state of transportation in
Canada in respect of the preceding year,
including
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| First year
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(2) Subsection (1) does not apply in respect
of the year in which this Act comes into force
if this Act was not in force for more than four
months in that year.
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Review of Act
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| Statutory
review
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53. (1) The Minister shall, no later than four
years after the day this Act comes into force,
appoint one or more persons to carry out a
comprehensive review of the operation of this
Act and any other Act of Parliament for which
the Minister is responsible that pertains to the
economic regulation of a mode of
transportation and transportation activities
under the legislative authority of Parliament.
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| Objective of
review
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(2) The person or persons conducting the
review shall assess whether the legislation
referred to in subsection (1) provides
Canadians with an efficient, effective, flexible
and affordable transportation system, and,
where necessary or desirable, recommend
amendments to
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| Consultations
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(3) The review shall be undertaken in
consultation with purchasers and suppliers of
transportation services and any other persons
whom the Minister considers appropriate.
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| Powers on
review
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(4) Every person appointed to carry out the
review has, for the purposes of the review, the
powers of a commissioner under Part I of the
Inquiries Act and may engage the services of
experts, professionals and other staff deemed
necessary for making the review at the rates of
remuneration that the Treasury Board
approves.
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| Report
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(5) The review shall be completed and a
report of the review submitted to the Minister
within one year after the appointment referred
to in subsection (1).
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| Tabling of
report
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(6) The Minister shall have a copy of the
report laid before each House of Parliament on
any of the first thirty days on which that House
is sitting after the Minister receives it.
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General |
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| Appointment
of receiver not
to bar
jurisdiction
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54. (1) The fact that a receiver, manager or
other official of a carrier, or a receiver of the
property of a carrier, has been appointed by a
court in Canada, or is managing or operating
a mode of transportation under the authority of
any such court, is not a bar to the exercise of
any jurisdiction granted under this Act, but
every such receiver, manager or official is
bound to manage and operate the mode of
transportation in accordance with this Act and
with the orders, regulations and directions
made or issued under this Act,
notwithstanding the fact that the receiver,
manager, official or person has been
appointed by or acts under the authority of a
court.
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| Adaptation
orders
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(2) Wherever by reason of insolvency, sale
under mortgage or any other cause, a
transportation undertaking or a portion of a
transportation undertaking is operated,
managed or held otherwise than by the carrier,
the Agency or the Minister may make any
order it considers proper for adapting and
applying the provisions of this Act.
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PART II |
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AIR TRANSPORTATION |
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Interpretation and Application |
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| Definitions
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55. In this Part,
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| ``aircraft'' « aéronef »
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``aircraft'' has the same meaning as in
subsection 3(1) of the Aeronautics Act;
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| ``air service'' « service aérien »
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``air service'' means a service, provided by
means of an aircraft, that is publicly
available for the transportation of
passengers or goods, or both;
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| ``basic fare'' « prix de base »
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``basic fare'' means
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| ``Canadian'' « Canadien »
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``Canadian'' means a Canadian citizen or a
permanent resident within the meaning of
the Immigration Act, a government in
Canada or an agent of such a government or
a corporation or other entity that is
incorporated or formed under the laws of
Canada or a province, that is controlled in
fact by Canadians and of which at least
seventy-five per cent, or such lesser
percentage as the Governor in Council may
by regulation specify, of the voting interests
are owned and controlled by Canadians;
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| ``Canadian
aviation
document'' « document d'aviation canadien »
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``Canadian aviation document'' has the same
meaning as in subsection 3(1) of the
Aeronautics Act;
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| ``domestic
licence''
Version
anglaise
seulement
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``domestic licence'' means a licence issued
under section 61;
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| ``domestic
service'' « service intérieur »
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``domestic service'' means an air service
between points in Canada, from and to the
same point in Canada or between Canada
and a point outside Canada that is not in the
territory of another country;
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| ``international
service'' « service international »
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``international service'' means an air service
between Canada and a point in the territory
of another country;
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| ``licensee'' « licencié »
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``licensee'' means the holder of a licence
issued by the Agency under this Part;
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| ``non-schedul
ed
international
licence''
Version
anglaise
seulement
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``non-scheduled international licence'' means
a licence issued under subsection 73(1);
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| ``non-schedul
ed
international
service'' « service international à la demande »
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``non-scheduled international service'' means
an international service other than a
scheduled international service;
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| ``prescribed'' « règlement »
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``prescribed'' means prescribed by
regulations made under section 86;
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| ``scheduled
international
licence''
Version
anglaise
seulement
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``scheduled international licence'' means a
licence issued under subsection 69(1);
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| ``scheduled
international
service'' « service international régulier »
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``scheduled international service'' means an
international service that is a scheduled
service pursuant to
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