An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts (S.C. 2007, c. 19)
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Assented to 2007-06-22
1996, c. 10CANADA TRANSPORTATION ACT
14. (1) Subsection 56(1) of the Act is replaced by the following:
Marginal note:Non-application of Part
56. (1) This Part does not apply to a person that uses an aircraft on behalf of the Canadian Armed Forces or any other armed forces cooperating with the Canadian Armed Forces.
(2) Section 56 of the Act is amended by adding the following after subsection (2):
Marginal note:Emergency service exclusion
(3) This Part does not apply to the provision of an air service if the federal government or a provincial or a municipal government declares an emergency under federal or provincial law, and that government directly or indirectly requests that the air service be provided to respond to the emergency.
Marginal note:Public interest
(4) The Minister may, by order, prohibit the provision of an air service under subsection (3) or require the discontinuance of that air service if, in the opinion of the Minister, it is in the public interest to do so.
Marginal note:Not a statutory instrument
(5) The order is not a statutory instrument within the meaning of the Statutory Instruments Act.
Marginal note:2000, c. 15, s. 2
15. The heading before section 56.1 and sections 56.1 to 56.7 of the Act are repealed.
16. Section 59 of the Act is replaced by the following:
Marginal note:Prohibition re sale
59. No person shall sell, cause to be sold or publicly offer for sale in Canada an air service unless, if required under this Part, a person holds a licence issued under this Part in respect of that service and that licence is not suspended.
Marginal note:2000, c. 15, s. 3
17. Subsection 64(1.2) of the Act is replaced by the following:
Marginal note:Discussion with elected officials
(1.2) A licensee shall, as soon as practicable, provide an opportunity for elected officials of the municipal or local government of the community of the point or points, as the case may be, to meet and discuss with the licensee the impact of the proposed discontinuance or reduction.
18. Paragraph 65(a) of the Act is replaced by the following:
(a) for such a period, not exceeding 120 days after the date of the finding by the Agency, as the Agency deems appropriate; and
Marginal note:2000, c. 15, s. 4
19. (1) Subsection 66(2) of the French version of the Act is replaced by the following:
Marginal note:Gamme de prix insuffisante
(2) S’il conclut, sur dépôt d’une plainte, qu’un licencié, y compris les licenciés de son groupe, est la seule personne à offrir un service intérieur entre deux points, d’une part, et que celui-ci offre une gamme de prix ou de taux insuffisante à l’égard de ce service, d’autre part, l’Office peut, par ordonnance, enjoindre au licencié, pour la période qu’il estime indiquée dans les circonstances, de publier et d’appliquer à l’égard de ce service un ou plusieurs prix ou taux supplémentaires qu’il estime indiqués dans les circonstances.
Marginal note:2000, c. 15, s. 4
(2) The portion of subsection 66(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Relevant information
(3) When making a finding under subsection (1) or (2) that a fare, cargo rate or increase in a fare or cargo rate published or offered in respect of a domestic service between two points is unreasonable or that a licensee is offering an inadequate range of fares or cargo rates in respect of a domestic service between two points, the Agency may take into consideration any information or factor that it considers relevant, including
Marginal note:2000, c. 15, s. 4
(3) Paragraph 66(3)(b) of the Act is replaced by the following:
(b) fares or cargo rates applicable to similar domestic services offered by the licensee and one or more other licensees, including terms and conditions related to the fares or cargo rates, the number of seats available at those fares and the cargo capacity and cargo container types available at those rates;
Marginal note:2000, c. 15, s. 4
(4) Paragraph 66(3)(c) of the Act is replaced by the following:
(c) any other information provided by the licensee, including information that the licensee is required to provide under section 83.
Marginal note:2000, c. 15, s. 4
(5) Subsection 66(4) of the Act is replaced by the following:
Marginal note:Alternative domestic services
(4) The Agency may find that a licensee is the only person providing a domestic service between two points if every alternative domestic service between those points is, in the Agency’s opinion, unreasonable, taking into consideration the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.
Marginal note:Alternative service
(4.1) The Agency shall not make an order under subsection (1) or (2) in respect of a licensee found by the Agency to be the only person providing a domestic service between two points if, in the Agency’s opinion, there exists another domestic service that is not between the two points but is a reasonable alternative taking into consideration the convenience of access to the service, the number of stops, the number of seats offered, the frequency of service, the flight connections and the total travel time and, more specifically, in the case of cargo, the cargo capacity and cargo container types available.
Marginal note:2000, c. 15, s. 4
(6) Subsections 66(6) and (7) of the Act are repealed.
20. Paragraph 67(1)(a) of the Act is replaced by the following:
(a) display in a prominent place at the business offices of the licensee a sign indicating that the tariffs for the domestic service offered by the licensee, including the terms and conditions of carriage, are available for public inspection at the business offices of the licensee, and allow the public to make such inspections;
(a.1) publish the terms and conditions of carriage on any Internet site used by the licensee for selling the domestic service offered by the licensee;
Marginal note:2000, c. 15, s. 6
21. The portion of section 67.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:Fares or rates not set out in tariff
67.1 If, on complaint in writing to the Agency by any person, the Agency finds that, contrary to subsection 67(3), the holder of a domestic licence has applied a fare, rate, charge or term or condition of carriage applicable to the domestic service it offers that is not set out in its tariffs, the Agency may order the licensee to
Marginal note:2000, c. 15, s. 6
22. Subsection 67.2(1) of the French version of the Act is replaced by the following:
Marginal note:Conditions déraisonnables
67.2 (1) S’il conclut, sur dépôt d’une plainte, que le titulaire d’une licence intérieure a appliqué pour un de ses services intérieurs des conditions de transport déraisonnables ou injustement discriminatoires, l’Office peut suspendre ou annuler ces conditions et leur en substituer de nouvelles.
Marginal note:2000, c. 15, s. 7
23. Subsection 68(1) of the Act is replaced by the following:
Marginal note:Non-application of fares, etc.
68. (1) Sections 66 to 67.2 do not apply in respect of fares, rates or charges applicable to a domestic service provided for under a contract between a holder of a domestic licence and another person whereby the parties to the contract agree to keep its provisions confidential.
Marginal note:Non-application of terms and conditions
(1.1) Sections 66 to 67.2 do not apply in respect of terms and conditions of carriage applicable to a domestic service provided for under a contract referred to in subsection (1) to which an employer is a party and that relates to travel by its employees.
24. The Act is amended by adding the following after section 75:
Issuance of International Charter Permits
Marginal note:Issuance, amendment and cancellation of permits
75.1 The issuance of a permit for the operation of an international charter to a licensee and the amendment or cancellation of the permit shall be made in accordance with regulations made under paragraph 86(1)(e).
Marginal note:2000, c. 15, s. 7.1
25. Section 85.1 of the Act and the heading before it are replaced by the following:
Air Travel Complaints
Marginal note:Review and mediation
85.1 (1) If a person has made a complaint under any provision of this Part, the Agency, or a person authorized to act on the Agency’s behalf, shall review and may attempt to resolve the complaint and may, if appropriate, mediate or arrange for mediation of the complaint.
Marginal note:Report
(2) The Agency or a person authorized to act on the Agency’s behalf shall report to the parties outlining their positions regarding the complaint and any resolution of the complaint.
Marginal note:Complaint not resolved
(3) If the complaint is not resolved under this section to the complainant’s satisfaction, the complainant may request the Agency to deal with the complaint in accordance with the provisions of this Part under which the complaint has been made.
Marginal note:Further proceedings
(4) A member of the Agency or any person authorized to act on the Agency’s behalf who has been involved in attempting to resolve or mediate the complaint under this section may not act in any further proceedings before the Agency in respect of the complaint.
Marginal note:Extension of time
(5) The period of 120 days referred to in subsection 29(1) shall be extended by the period taken by the Agency or any person authorized to act on the Agency’s behalf to review and attempt to resolve or mediate the complaint under this section.
Marginal note:Part of annual report
(6) The Agency shall, as part of its annual report, indicate the number and nature of the complaints filed under this Part, the names of the carriers against whom the complaints were made, the manner complaints were dealt with and the systemic trends observed.
Marginal note:2000, c. 15, s. 8
26. (1) Paragraph 86(1)(h) of the Act is amended by striking out the word “and” at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:
(iii) authorizing the Agency to direct a licensee or carrier to take corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage applicable to the service it offers that were set out in its tariffs, and
(iv) requiring a licensee or carrier to display the terms and conditions of carriage for its international service on its Internet site, if the site is used for selling the international service of the licensee or carrier;
(2) Paragraph 86(1)(j) of the Act is replaced by the following:
(j) requiring licensees to include in contracts or arrangements with travel wholesalers, tour operators, charterers or other persons associated with the provision of air services to the public, or to make those contracts and arrangements subject to, terms and conditions specified or referred to in the regulations;
(3) Subsection 86(3) of the Act is repealed.
27. The Act is amended by adding the following after section 86:
Marginal note:Advertising regulations
86.1 (1) The Agency shall make regulations respecting advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada.
Marginal note:Contents of regulations
(2) Without limiting the generality of subsection (1), regulations shall be made under that subsection requiring a carrier who advertises a price for an air service to include in the price all costs to the carrier of providing the service and to indicate in the advertisement all fees, charges and taxes collected by the carrier on behalf of another person in respect of the service, so as to enable a purchaser of the service to readily determine the total amount to be paid for the service.
Marginal note:Regulations may prescribe
(3) Without limiting the generality of subsection (1), the regulations may prescribe what are costs, fees, charges and taxes for the purposes of subsection (2).
Marginal note:Regulations and orders
86.2 A regulation or order made under this Part may be conditional or unconditional or qualified or unqualified and may be general or restricted to a specific area, person or thing or group or class of persons or things.
28. Section 87 of the Act is amended by adding the following in alphabetical order:
“metropolitan area”
« région métropolitaine »
“metropolitan area” means any area that is classified by Statistics Canada in its most recent census of Canada as a census metropolitan area;
“public passenger service provider”
« société de transport publique »
“public passenger service provider” means VIA Rail Canada Inc., a passenger rail service provider designated by the Minister or an urban transit authority;
“urban transit authority”
« administration de transport de banlieue »
“urban transit authority” means an entity owned or controlled by the federal government or a provincial, municipal or district government that provides commuter services.
29. The Act is amended by adding the following after section 95:
Noise and Vibration
Marginal note:Obligation
95.1 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account
(a) its obligations under sections 113 and 114, if applicable;
(b) its operational requirements; and
(c) the area where the construction or operation takes place.
Marginal note:Guidelines
95.2 (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to
(a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and
(b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.
Marginal note:Consultations
(2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.
Marginal note:Not statutory instruments
(3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:Complaints and investigations
95.3 (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.
Marginal note:Restriction
(2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.
Marginal note:Public passenger service providers
95.4 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.
Marginal note:1999, c. 31, ss. 37(E) and 38(E)
30. Section 104 of the Act and the heading before it are replaced by the following:
Security
Marginal note:Deposit of mortgage, hypothec or security agreement
104. (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:
(a) a mortgage or hypothec issued by a railway company;
(b) a security agreement entered into by a railway company;
(c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or
(d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.
Marginal note:Effect of deposit
(2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.
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