BILL C-77 - First Reading

	1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
	The House of Commons of Canada
	BILL C-77
	An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. 29 (3rd Supp.); 1992, c. 1; 1995, c. 5; 1996, c. 17	MOTOR VEHICLE TRANSPORT ACT, 1987
	1. Section 1 of the Motor Vehicle Transport Act, 1987 is replaced by the following:
Short title	1. This Act may be cited as the Motor Vehicle Transport Act.
	2. (1) The definitions ``local truck transport'', ``local truck undertaking'' and ``provincial transport board'' in subsection 2(1) of the Act are repealed.
	(2) The definition ``prescribed'' in subsection 2(1) of the English version of the Act is repealed.
	(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``extra-provin cial motor carrier undertaking'' « entreprise extra-provinci ale de transport routier »	``extra-provincial motor carrier undertaking'' means an extra-provincial bus undertaking or an extra-provincial truck undertaking;
``provincial authority'' « autorité provinciale »	``provincial authority'' means a person or body that has, under the law of a province, authority to control or regulate motor carrier undertakings that operate exclusively in the province.
1992, c. 1, s. 144(1) (Sch. VII, item 40)(F)	3. The heading before section 3 and sections 3 to 10 of the Act are replaced by the following:
	OBJECTIVES
Statement of objectives	3. (1) The objectives of this Act are to ensure that the National Transportation Policy set out in section 5 of the Canada Transportation Act is carried out with respect to extra-provincial motor carrier undertakings, and, more specifically, that
	(a) the regulatory regime for those undertakings be focused on safety performance assessments based on the National Safety Code for Motor Carriers; and
	(b) the operating standards that apply to those undertakings be applied consistently across Canada.
Statements of policy by Governor in Council	(2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the provinces, issue transportation policy statements consistent with the objectives set out in subsection (1).
Provincial authority to comply with guidelines	(3) Provincial authorities shall, with respect to extra-provincial motor carrier undertakings, have regard to all transportation policy statements issued under subsection (2).
Power to conduct research	3.1 The Minister may conduct any research, studies and evaluations that the Minister considers necessary to carry out the objectives of this Act.
	ARRANGEMENTS
Agreements	3.2 (1) The Minister may, after consultation with the provinces and on the terms and conditions that the Minister may specify, enter into agreements in support of the objectives set out in section 3 with provincial governments, or other persons or bodies.
International arrangements	(2) The Minister may, after consultation with the provinces and on the terms and conditions that the Minister may specify, enter into arrangements with foreign states to promote the objectives of this Act, including the recognition in Canada of documents analogous to safety fitness certificates issued by those states and the recognition by those states of safety fitness certificates.
	EXTRA-PROVINCIAL MOTOR CARRIER SAFETY
Operation without safety fitness certificate prohibited	4. (1) No person or body shall operate an extra-provincial motor carrier undertaking unless the person or body holds a safety fitness certificate issued under the authority of this Act.
Form of certificate	(2) A safety fitness certificate need not be in any particular form.
Issuance of safety fitness certificate	5. (1) The provincial authority in each province may issue a safety fitness certificate to a person or body to operate an extra-provincial motor carrier undertaking and, if it does, the provincial authority shall do so in accordance with the regulations.
Certificate valid throughout Canada	(2) A safety fitness certificate issued under subsection (1) is valid throughout Canada.
Review of decisions with respect to safety fitness certificates	(3) The following rules apply to the review of decisions with respect to the issuance or revocation of safety fitness certificates in a province by a provincial authority:
	(a) any rules and procedures that the provincial authority in the province may establish for the review of those decisions in that province; and
	(b) in the absence of rules or procedures established in the province under paragraph (a), the rules with respect to the right to review, and the procedures governing reviews, of decisions with respect to the licensing of, and the revocation of licences of, motor carrier undertakings in that province.
Revocation of power to issue safety fitness certificates	6. (1) If the Minister is satisfied after consultation with the provinces that the provincial authority in a province is not issuing safety fitness certificates in accordance with this Act, the Minister may, by order, determine that the provincial authority not have the power to issue such certificates.
Date on which provincial authority may no longer issue certificates	(2) The provincial authority may no longer issue safety fitness certificates under this Act as of the date of the publication of the order in the Canada Gazette.
Undertaking that holds a certificate	(3) An extra-provincial motor carrier undertaking that holds a safety fitness certificate issued by a provincial authority that has lost its power to issue certificates under this section shall, not later than sixty days after publication of the order, file a declaration with another provincial authority that the undertaking is subject to supervision by it.
Reinstate- ment	7. If the Minister is satisfied that a provincial authority that has lost its power to issue safety fitness certificates under section 6 has remedied its default and established a plan to ensure that the default does not recur, the Minister shall, by order, revoke an order made under subsection 6(1).
	EXTRA-PROVINCIAL BUS UNDERTAKINGS
	Application
Application	8. Sections 4 to 7 and 9 to 10.5 apply to extra-provincial bus undertakings.
	Provincial Requirements
Provincial requirements for extra-provinci al bus undertakings	9. A province may require an extra-provincial bus undertaking to notify the relevant provincial authority of the bus service it provides and to publish its tariffs, schedules and a notice of intention to abandon all or part of the service it provides.
	INTRA-PROVINCIAL BUS TRANSPORT
Application	10. Sections 10.1 to 10.5 apply to a person or body that transports passengers between any two points in a province by means of an extra-provincial bus undertaking.
Prohibition	10.1 If a licence is required for the operation of a local bus undertaking in a province, no person or body shall engage in the intra-provincial transportation of passengers by bus in that province unless the person or body does so in accordance with a licence issued under section 10.2.
Issuance of licence	10.2 The provincial authority in a province may, in its discretion, issue a licence to a person or body to engage in the intra-provincial transportation of passengers by bus in the province on the like terms and conditions and in the like manner as if that transportation were local bus transport.
Tariffs and tolls	10.3 If in a province tariffs and tolls for local bus transport of passengers are determined or regulated by the provincial authority, the authority may, in its discretion, determine or regulate the tariffs and tolls for the intra-provincial transportation of passengers by bus on the like terms and conditions and in the like manner as if that transportation were local bus transport.
Impartiality	10.4 The provincial authority shall exercise the discretion given to it by sections 10.2 and 10.3 by applying, in relation to an extra-provincial bus undertaking, the same criteria as it would apply in relation to a local bus undertaking in like circumstances.
Repeal	10.5 (1) Subject to subsection (2), sections 10 to 10.4 cease to have effect two years after the day on which this section comes into force.
Order	(2) The Governor in Council may, by order, on the recommendation of the Minister made after consultation by the Minister with the provinces, at any time while sections 10 to 10.4 are in force, continue those sections in force for any further period that may be specified in the order.
	4. Section 16 of the Act and the headings before it are replaced by the following:
	EXEMPTIONS, REGULATIONS, ENFORCEMENT AND OFFENCE AND PUNISHMENT
	Exemptions
Exemptions	16. (1) The Minister may, after consultation with the provinces that would be affected by a proposed exemption , exempt from the application of this Act or of any provision of this Act, either generally or for a limited period or in respect of a limited area, any person, the whole or any part of any extra-provincial motor carrier undertaking or any class of those undertakings if in the opinion of the Minister the exemption is in the public interest and is not likely to affect motor carrier safety.
Terms and conditions	(2) An exemption under subsection (1) is subject to any terms or conditions that the Minister may specify in it.
	Regulations
Regulations	16.1 (1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the provinces that would be affected by the proposed regulation, make regulations
	(a) prescribing classes of extra-provincial motor carrier undertakings for the purposes of any or all regulations under this Act;
	(b) respecting the criteria according to which provincial authorities may issue safety fitness certificates under section 5;
	(c) respecting the safe operation of extra-provincial motor carrier undertakings including regulations respecting audit, inspection and entry on premises;
	(d) prescribing the criteria relating to the fitness of an extra-provincial motor carrier undertaking to hold a safety fitness certificate issued under section 5;
	(e) prescribing the type, amount and conditions of insurance and bonding coverage required to be held by an extra-provincial motor carrier undertaking;
	(f) prescribing the information that applicants, extra-provincial motor carrier undertakings and provincial authorities must provide to the Minister;
	(g) prescribing the conditions of carriage and the limitations of liability that apply with respect to extra-provincial motor carrier undertakings;
	(h) restricting or otherwise governing the release of pollutants into the environment from the operation of vehicles operated by extra-provincial motor carrier undertakings; and
	(i) generally for carrying out the purposes and provisions of this Act.
Incorporation by reference	(2) A regulation made under subsection (1) may incorporate by reference
	(a) a standard relating to the safe operation of a motor carrier undertaking as amended from time to time; and
	(b) the law of a province relating to motor vehicle undertakings as amended from time to time.
1995, c. 5, par. 25(1)(u)	5. Section 17 of the Act and the heading before it are replaced by the following:
	Enforcement
Unfair practices	17. (1) If the Minister is of the opinion that a government in a foreign country has engaged in unfair, discriminatory or restrictive practices with regard to Canadian extra-provincial motor carrier undertakings that operate in that country or between that country and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs, seek elimination of those practices through consultations with that country .
Order in Council	(2) If the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister and the Minister of Foreign Affairs made after consultation by the Minister with the provinces that would be affected by the proposed order , notwithstanding this Act or any other Act of Parliament, by order, subject to any conditions that may be specified in the order,
	(a) prohibit or restrict the issuance of a safety fitness certificate under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier;
	(b) direct any provincial authority to suspend a safety fitness certificate issued under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier; and
	(c) direct any provincial authority to reinstate a safety fitness certificate suspended in accordance with a direction issued under paragraph (b).
Compliance	(3) A provincial authority to which an order applies shall comply with it .
	6. Sections 22 to 35 of the Act are replaced by the following:
Proof of documents	22. In any proceedings for an offence under this Act, any document purporting to be certified by a provincial authority to be a true copy of any order or direction made by it is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence of the original document of which it purports to be a copy.