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 persons, including 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)

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)

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)

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.

Marginal note:Term of members

• 8 (1) Each member appointed under subsection 7(2) shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council.

• Marginal note:Reappointment

  (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).

Marginal note:Temporary members

• 9 (1) The Minister may appoint temporary members of the Agency from the roster of individuals established by the Governor in Council under subsection (2).

• Marginal note:Roster

  (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.