| Confidentia- lity of information
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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information shall not be published or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.
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| Disclosure to
Minister
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(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 120(1) of the National
Transportation Act, 1987 or subsection
126(1) of this Act.
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Consequential and Related Amendments |
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| R.S., c. A-1
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Access to Information Act
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202. Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
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National Transportation Agency
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203. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Canadian Transportation Agency
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| R.S., c. 28
(3rd Supp.), s.
275(2)
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203.1 Schedule II to the Act is amended
by striking out the reference to
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National Transportation Act, 1987
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and the corresponding references to
subsection 46(3), section 54 and subsections
120(5), 170(2), 259(2) and 269(1).
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| R.S., c. 28
(3rd Supp.), s.
275(1)
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203.2 Schedule II to the Act is amended
by striking out the reference to
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Railway Act
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and the corresponding references to section
353 and subsections 358(3) and (5).
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203.3 Schedule II to the Act is amended
by adding, in alphabetical order, a
reference to
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Canada Transportation Act
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and a corresponding reference to
subsection 51(1) and section 167.
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| R.S., c. A-2
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Aeronautics Act
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 1)
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204. Paragraph 5(b) of the Aeronautics
Act is replaced by the following:
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| R.S., c. 33 (1st
Supp.), s. 4, c.
28 (3rd
Supp.), s. 359
(Sch., item 1)
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205. (1) The portion of subsection 27(1) of
the Act before paragraph (a) is replaced by
the following:
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| Proof of
documents
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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
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| R.S., c. 33 (1st
Supp.), s. 4, c.
28 (3rd
Supp.), s. 359
(Sch., item 1)
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(2) The portion of subsection 27(2) of the
Act before paragraph (a) is replaced by the
following:
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| Certificate
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(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
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| R.S., c. 35
(4th Supp.)
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Air Canada Public Participation Act
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206. Subsection 2(4) of the Air Canada
Public Participation Act is replaced by the
following:
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| Operation of
Competition
Act
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(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.
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| 1989, c. 3
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Canadian Transportation Accident
Investigation and Safety Board Act
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207. Section 59 of the Canadian
Transportation Accident Investigation and
Safety Board Act is repealed.
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208. Subsection 62(2) of the Act is
replaced by the following:
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| Transfer of
premises and
supplies
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(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.
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209. The schedule to the Act is amended
by striking out the following:
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National Transportation Agency
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210. The schedule to the Act is amended
by adding the following in alphabetical
order:
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Canadian Transportation Agency
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| 1995, c. 24
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CN Commercialization Act
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210.1 Subsections 3(2) and (3) of the CN
Commercialization Act are replaced by the
following:
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| Operation of
Competition
Act
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(2) 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 CN.
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| 1992, c. 31
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Coasting Trade Act
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211. The definition ``Agency'' in
subsection 2(1) of the Coasting Trade Act is
replaced by the following:
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| ``Agency'' « Office »
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``Agency'' means the Canadian
Transportation Agency;
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| R.S., c. C-44
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Canada Business Corporations Act
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212. Subsection 3(3) of the Canada
Business Corporations Act is replaced by the
following:
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| Certain Acts
do not apply
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(3) The following do not apply to a
corporation:
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213. Section 268 of the Act is amended by
adding the following after subsection (10):
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| Exception for
railway
companies
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(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.
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| Previous
continuance
of railway
companies
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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.
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| R.S., c. D-4
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Dry Docks Subsidies Act
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215. Section 6 of the Dry Docks Subsidies
Act is replaced by the following:
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| Expropria- tion of lands
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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.
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| Notice to
appropriate
minister
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(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.
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| Expropria- tion Act
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(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.
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| Charges for
services
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(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.
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| Debt due to
Her Majesty
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(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.
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| Security
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(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.
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| R.S., c. E-9
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Energy Supplies Emergency Act
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| R.S., c. 28
(3rd Supp.),
ss. 283, 359
(Sch., item 5)
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216. Section 35 of the Energy Supplies
Emergency Act is replaced by the following:
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| Railway
transporta- tion
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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.
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| Consultation
with Canadian
Transporta- tion Agency
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(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.
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| Conflict of
statutory
powers
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(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.
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| R.S., c. 28
(3rd Supp.),
ss. 284, 359
(Sch., item 5)
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217. (1) Subsections 37(1) and (2) of the
Act are replaced by the following:
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| Water
transporta- tion
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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
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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.
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| Consultation
with Canadian
Transporta- tion Agency
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(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.
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 5)
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(2) The portion of subsection 37(3) of the
Act before paragraph (a) is replaced by the
following:
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| Exemption
duties and
licences
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(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
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| R.S., c. 28
(3rd Supp.), s.
285, c. 29
(3rd Supp.), s.
24
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218. Section 38 of the Act is replaced by
the following:
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| Motor
transport
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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.
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 5)
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219. Subsection 39(1) of the Act is
replaced by the following:
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| Approval
required
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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.
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| R.S., c. 28
(3rd Supp.), s.
286
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220. Section 40 of the Act is replaced by
the following:
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| Enforcement
of orders
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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.
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 5)
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221. The portion of subsection 41(2) of
the Act before paragraph (a) is replaced by
the following:
|
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| Offence
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(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
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| R.S., c. 28
(3rd Supp.), s.
359 (Sch.,
item 5)
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222. (1) Subsection 42(1) of the Act is
replaced by the following:
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