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This enactment modernizes and streamlines the regulation of
extra-provincial motor carrier (truck and bus) undertakings in Canada,
building on the reforms introduced in the Motor Vehicle Transport Act,
1987. The objective is a consistent national regime for motor carriers
focused on carrier safety regulation. The key components of the
enactment include
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(a) a national regulatory framework for provincial administration of
a safety performance-based regime for extra-provincial motor
carriers, based on the national safety standards developed by the
governments of Canada and the provinces in consultation with
industry and embodied in the National Safety Code for Motor
Carriers;
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(b) provision for national policy direction supporting the
implementation of that framework; and
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(c) provision for international arrangements for mutual recognition
of carrier safety performance assessment.
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Clause 1: Section 1 reads as follows:
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1. This Act may be cited as the Motor Vehicle Transport Act, 1987.
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Clause 2: (1) and (2) The definitions
``extra-provincial truck transport'', ``local truck
transport'', ``local truck undertaking'', ``prescribed''
and ``provincial transport board'' in subsection 2(1) read
as follows:
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``extra-provincial truck transport'' means the transport of goods by
means of an extra-provincial truck undertaking;
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``local truck transport'' means the transport of goods by means of a local
truck undertaking;
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``local truck undertaking'' means a work or undertaking for the
transport of goods by motor vehicle other than by bus, not being an
extra-provincial truck undertaking;
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``prescribed'' means prescribed by regulation under this Act;
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``provincial transport board'' means a board, commission or other body
or person having, under the law of a province, authority to control or
regulate the operation of local bus undertakings or local truck
undertakings.
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(3) New.
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Clause 3: Sections 3.1 and 3.2 are new. Section 3 and
the heading before it read as follows:
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3. (1) The Governor in Council may, on the recommendation of the
Minister made after consultation by the Minister with the government
of each province affected thereby, make regulations respecting the safe
operation of extra-provincial bus undertakings or extra-provincial
truck undertakings including, without limiting the generality of the
foregoing, regulations respecting audit, inspection, entry on premises
and the provision of information.
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(2) A regulation under subsection (1) may incorporate by reference
the law of a province as amended from time to time.
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(3) No person shall operate an extra-provincial bus undertaking or
extra-provincial truck undertaking in contravention of any regulation
made under subsection (1).
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Clause 4: Section 4 and the headings before it read as
follows:
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4. Where in any province a licence is, by the law of the province,
required for the operation of a local bus undertaking, no person shall
operate an extra-provincial bus undertaking in that province except
under and in accordance with a licence issued under the authority of this
Part.
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Clause 5: Sections 5 to 10 read as follows:
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5. The provincial transport board in each province may, in its
discretion, issue a licence to a person to operate an extra-provincial bus
undertaking in the province on the like terms and conditions and in the
like manner as if the extra-provincial bus undertaking were a local bus
undertaking.
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6. Where in any province tariffs and tolls for local bus transport are
determined or regulated by the provincial transport board, the
provincial transport board may, in its discretion, determine or regulate
the tariffs and tolls for extra-provincial bus transport on the like terms
and conditions and in the like manner as if the extra-provincial bus
transport were local bus transport.
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7. Where in any province a licence is, by the law of the province,
required for the operation of a local truck undertaking, no person shall
operate an extra-provincial truck undertaking in that province except
under and in accordance with a licence issued under the authority of this
Part.
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8. (1) Subject to this section and to any regulations made pursuant to
section 9, the provincial transport board in each province may issue a
licence to a person to operate an extra-provincial truck undertaking in
the province on the like terms and conditions and in the like manner as
if the extra-provincial truck undertaking were a local truck undertaking.
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(2) The provincial transport board in a province shall, in exercising
its powers under subsection (1), issue a licence to operate an
extra-provincial truck undertaking in that province to an applicant
therefor who submits to the board prescribed evidence that the applicant
meets the prescribed criteria relating to the fitness of the applicant to
hold such a licence.
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(3) Notwithstanding subsection (2), where under the law of a
province the provincial transport board is authorized to hold a public
hearing with respect to an application for a licence to operate a local
truck undertaking, the board shall not hold a public hearing with respect
to an application for a licence referred to in subsection (2) unless an
interested person who objects to the issue of the licence provides the
board with evidence that satisfies the board that, in the absence of
evidence to the contrary, the operation of the extra-provincial truck
undertaking in respect of which the licence is sought would likely be
detrimental to the public interest.
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(4) Notwithstanding subsection (2), where under the law of a
province an interested person may object to the issue by the provincial
transport board of a licence to operate a local truck undertaking, the
provincial transport board is not required to issue a licence referred to
in subsection (2) if an interested person objects to the issue of the licence
and establishes to the satisfaction of the board that the operation of the
extra-provincial truck undertaking in respect of which the licence is
sought would likely be detrimental to the public interest.
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(5) In applying subsections (3) and (4), a provincial transport board
shall
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(a) give primary emphasis to the interests of users of transportation
services, whether those services are provided by the undertaking or
not; and
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(b) have regard to any statement of public transportation policy
issued by the Governor in Council after consultation by the Minister
with the government of each province affected thereby.
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(6) Subject to subsection 10(3) but notwithstanding any other
provision of this Part, after the day on which subsections (3) to (5) and
paragraphs 9(1)(a) to (d) cease to have effect,
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(a) a provincial transport board may not attach any restrictions or
conditions to a licence issued under the authority of this Part; and
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(b) the restrictions and conditions to which any licence issued under
the authority of this Part is subject, except the condition referred to
in subsection 10(3), shall cease to have effect.
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9. (1) The Governor in Council may, on the recommendation of the
Minister made after consultation by the Minister with the government
of each province affected thereby, make regulations
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(a) prescribing restrictions or conditions to which licences issued
under the authority of this Part shall be subject;
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(b) requiring an applicant for a licence under this Part to furnish to
the provincial transport board information respecting the applicant's
identity and service proposal;
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(c) exempting corridor operations from the application of
subsections 8(3) to (5);
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(d) exempting from the application of subsections 8(3) to (5) the
extra-provincial truck transport of such commodities as may be
specified in the regulations;
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(e) prescribing as the criteria relating to the fitness of an applicant to
hold a licence issued under the authority of this Part
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(i) the criteria set out in any agreement between the Government
of Canada and the governments of all of the provinces, as
amended from time to time, or
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(ii) in the absence of any agreement referred to in subparagraph
(i) or on failure to renew such an agreement, such criteria as the
Governor in Council may consider necessary;
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(f) authorizing any person or body to determine and certify whether
an applicant for a licence under this Part meets, or the holder of a
licence issued under the authority of this Part continues to meet, the
requirements related to safety that are included in the criteria
prescribed pursuant to paragraph (e) and to determine and certify the
level at which the applicant or holder of the licence meets those
requirements;
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(g) prescribing the type, amount and conditions of insurance and
bonding coverage required to be held by an extra-provincial truck
undertaking;
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(h) prescribing any other matter or thing that by this Part is to be
prescribed; and
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(i) generally as may be necessary for the purposes and provisions of
this Part.
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(2) The criteria relating to the fitness of an applicant referred to in
paragraph (1)(e) shall include requirements related to safety and
insurance and may include requirements relating to bonding coverage
and any other requirement relating to the fitness of an applicant to hold
a licence.
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10. (1) The holder of a licence issued under the authority of this Part
shall not operate the undertaking in respect of which the licence was
issued during any period during which the holder does not meet the
criteria prescribed pursuant to paragraph 9(1)(e).
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(2) A licence issued under the authority of this Part is not
transferable.
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(3) It is a condition of every licence issued under the authority of this
Part that the holder thereof will comply with subsections (1) and (2) and
any regulations made under subsection 3(1).
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Clause 6: Section 16.1 is new. Section 16 and the
headings before it read as follows:
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16. The Governor in Council may, by regulation, on the
recommendation of the Minister made after consultation by the
Minister with the government of each province affected thereby,
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 bus undertaking
or extra-provincial truck undertaking, every extra-provincial bus
undertaking or extra-provincial truck undertaking, any group or class
of such undertakings or any extra-provincial bus transport or
extra-provincial truck transport.
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Clause 7: Section 17 reads as follows:
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17. (1) Where 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 carriers that transport goods by motor
vehicle in that country or between that country and Canada, the Minister
shall, with the concurrence of the Minister of Foreign Affairs, seek
elimination of such practices through consultations.
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(2) Where 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 government of each province affected thereby,
notwithstanding this Act or any other Act of Parliament, by order,
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(a) prohibit or restrict the issuance of any licence under the authority
of this Act to any foreign carrier, all foreign carriers or any class of
foreign carrier,
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(b) direct any provincial transport board to amend or suspend any
licence issued under the authority of this Act to any foreign carrier,
all foreign carriers or any class of foreign carrier, and
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(c) direct any provincial transport board to reinstate any licence
suspended in accordance with a direction issued under paragraph
(b),
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subject to such terms and conditions as may be specified in the order,
and a provincial transport board to which the order applies shall comply
with the order.
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Clause 8: New.
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Clause 9: This amendment would repeal sections 23
to 35 which contain consequential amendments and
other provisions that are spent. Section 22 reads as
follows:
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22. In any proceedings for an offence under this Act, any document
purporting to be certified by the secretary of a provincial transport board
to be a true copy of any order or direction made by the board 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.
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Clause 10: Section 38 reads as follows:
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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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Clause 11: The relevant portion of the definition
``specified supply'' in section 364 reads as follows:
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``specified supply'' means a supply (other than a prescribed supply) that
is
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(b) a supply of a passenger transportation service
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(iii) made by a person who operates an extra-provincial bus
undertaking (within the meaning assigned by subsection 2(1)
of the Motor Vehicle Transport Act, 1987);
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Clause 12: The definition ``public carrier'' in section
2 reads as follows:
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``public carrier'' means any railway company, any operator of an
extra-provincial truck undertaking within the meaning of the Motor
Vehicle Transport Act, 1987 and any owner or operator of a ship;
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