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Bill C-14

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PART VI

GENERAL

Enforcement

False information, etc.

173. (1) No person shall knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister in connection with any matter under this Act.

Obstruction and false statements

(2) No person shall knowingly obstruct or hinder, or make any false or misleading statement, either orally or in writing, to a person designated as an enforcement officer pursuant to paragraph 178(1)(a) who is engaged in carrying out functions under this Act.

Offence

174. Every person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liable

    (a) in the case of an individual, to a fine not exceeding $5,000; and

    (b) in the case of a corporation, to a fine not exceeding $25,000.

Officers, etc., of corporation re offences

175. Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person's knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.

Time limit for commence-
ment of proceedings

176. Proceedings by way of summary conviction in respect of an offence under this Act may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

Administrative Monetary Penalties

Regulation-
making powers

177. The Agency may, by regulation,

    (a) designate

      (i) any provision of this Act or of any regulation, order or direction made pursuant to this Act,

      (ii) the requirements of any provision referred to in subparagraph (i), or

      (iii) any condition of a licence issued under this Act,

    as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and

    (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      (i) $5,000, in the case of an individual, and

      (ii) $25,000, in the case of a corporation.

Notices of violation

178. (1) The Agency may

    (a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and

    (b) establish the form and content of notices of violation.

Powers of enforcement officers

(2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).

Certification of designated persons

(3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person's designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer's duties.

Powers of designated persons

(4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer pursuant to paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act.

Assistance to enforcement officers

(5) Any person from whom documents or data are requested pursuant to subsection (4) shall provide all such reasonable assistance as is in their power to enable the enforcement officer making the request to carry out the enforcement officer's duties and shall furnish such information as the enforcement officer reasonably requires for the purposes of this Act.

Violations

179. (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed pursuant to that section.

How contraven-
tions may be proceeded with

(2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

Nature of violation

(3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Issuance of notice of violation

180. (1) Where a person designated as an enforcement officer pursuant to paragraph 178(1)(a) believes that a person has committed a violation, the enforcement officer may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out

    (a) the penalty, established in accordance with the regulations, for the violation that the person is liable to pay; and

    (b) particulars concerning the time for paying and the manner of paying the penalty.

Application of Aeronautics Act

(2) Sections 7.8 to 8.2, 36 and 37 of the Aeronautics Act apply to the contravention of a provision, requirement or condition designated under section 177, with such modifications as are necessary, and a reference in any of those provisions or in any document issued under any of those provisions to

    (a) ``this Act'' shall be read as a reference to this Act;

    (b) ``designated provision'' shall be read as a reference to a provision, requirement or condition designated under paragraph 177(a);

    (c) ``Minister'' shall be read as a reference to the Agency or, in any provision other than subsection 7.8(1) of the Aeronautics Act, to a person designated by the Agency;

    (d) ``notice'' shall be read as a reference to a notice of violation; and

    (e) ``regulations made under paragraph 7.6(1)(b)'' shall be read as a reference to regulations made under paragraph 177(b).

Time limit for proceedings

181. Proceedings in respect of a violation may be instituted not later than twelve months after the time when the subject-matter of the proceedings arose.

PART VII

REPEALS, TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND CONDITIONAL AMENDMENTS AND COMING INTO FORCE

Repeals

Repeal of R.S., c. G-7

182. The Government Railways Act is repealed.

Repeal of R.S., c. 28 (3rd Supp.)

183. The National Transportation Act, 1987 is repealed.

Repeal of R.S., c. P-3

184. The Passenger Tickets Act is repealed.

Repeal of R.S., c. R-3

185. (1) Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway company that has authority to construct and operate a railway under a Special Act and has not been continued under the Canada Business Corporations Act.

Repeal of certain provisions

(2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.

Interpreta-
tion

(3) For the purpose of applying the provisions mentioned in subsection (2) after this section comes into force,

    (a) a reference in those provisions to the ``Agency'' shall be interpreted as a reference to the Canadian Transportation Agency;

    (b) a reference in those provisions to a ``railway, telegraph, telephone and express company'', a ``railway or express company'' or a ``carrier by water'' shall be interpreted as a reference to a railway company, as defined in section 87 of this Act; and

    (c) the reference to section 64 of the National Transportation Act, 1987 in the definition ``claim period'' in subsection 270(1) of the Railway Act shall be interpreted as a reference to section 40 of this Act.

Transitional Provisions

Definition of ``National Transporta-
tion Agency''

186. For the purposes of sections 187 to 199, ``National Transportation Agency'' means the National Transportation Agency established by the National Transportation Act, 1987.

Powers, duties and functions

187. Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the National Transportation Agency, the power, duty or function is vested in or exercisable by the Canadian Transportation Agency.

Appropria-
tions

188. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the National Transportation Agency and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Canadian Transportation Agency.

Employment continued

189. (1) Nothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position under the authority of the National Transportation Agency, except that each of those persons shall, on the coming into force of this section, occupy their position under the authority of the Canadian Transportation Agency.

Definition of ``employee''

(2) For the purposes of this section, ``employee'' has the same meaning as in subsection 2(1) of the Public Service Employment Act.

References

190. Every reference to the National Transportation Agency in any deed, contract, agreement or other document executed by the National Transportation Agency shall, unless the context otherwise requires, be read as a reference to the Canadian Transportation Agency.

Rights and obligations

191. All rights and property of the National Transportation Agency and of Her Majesty in right of Canada that are under the administration and control of the National Transportation Agency and all obligations of the National Transportation Agency are transferred to the Canadian Transportation Agency.

Commence-
ment of legal proceedings

192. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the National Transportation Agency may be brought against the Canadian Transportation Agency in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the National Transportation Agency.

Continuation of legal proceedings

193. Any action, suit or other legal proceeding to which the National Transportation Agency is party pending in any court immediately before the day this section comes into force may be continued by or against the Canadian Transportation Agency in like manner and to the same extent as it could have been continued by or against the National Transportation Agency.

Members cease to hold office

194. Except as provided for in subsection 195(4), all persons who hold office as a member of the National Transportation Agency immediately before the coming into force of this section cease to hold office on that day.

Continuation of proceedings

195. (1) Subject to this section, proceedings relating to any matter before the National Transportation Agency on the coming into force of this section, including any matter that is in the course of being heard or investigated by the National Transportation Agency, shall be continued by the Canadian Transportation Agency.

Application of provisions

(2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987 as that Act read immediately before the coming into force of section 183.

Directions re proceedings

(3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order had been made on the coming into force of this section shall be

    (a) discontinued, or

    (b) continued by the Canadian Transportation Agency,

on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties and of the general public.

Member continues

(4) Where in any proceedings continued under this section any evidence was heard by a member of the National Transportation Agency, that person may, on the request of the Chairperson of the Canadian Transportation Agency, continue to hear the matter and that person is deemed to be a member of the Canadian Transportation Agency for the specific purpose of the expeditious completion of the proceedings, after which time that member shall cease to hold office.

Deemed member

(5) A person referred to in subsection (4) who is deemed to be a member of the Canadian Transportation Agency under that subsection

    (a) shall, unless the Governor in Council provides otherwise, be paid in a manner that is consistent with the remuneration the person was receiving immediately before the coming into force of this section; but

    (b) that person's status as a member does not preclude the appointment of up to three members under paragraph 7(2)(a) or up to three temporary members under subsection 9(1).

Continuation of previous orders, etc.

196. Subject to sections 197 to 199, every decision, order, licence, permit, rule, regulation and direction made or issued by the National Transportation Agency that was in force immediately before the coming into force of this section and that is not inconsistent with this Act or any other Act of Parliament continues in force as if it were a decision, order, license, permit, rule, regulation or direction made or issued by the Canadian Transportation Agency.

Continuation of railway crossing and junction orders

197. An order of the National Transportation Agency made under section 197 of the Railway Act continues to have effect as if it had been made under section 99 of this Act, but only to the extent that it is consistent with that section.

Continuation of road and utility crossing orders

198. An order of the National Transportation Agency made under subsection 196(6) or section 201, 202, 204, 212, 214 or 326 of the Railway Act continues to have effect as if it had been made under section 101 of this Act, but only to the extent that it is consistent with that section.

Continuation of private crossing orders

199. An order of the National Transportation Agency made under section 216 of the Railway Act continues to have effect as if it had been made under section 103 of this Act, but, if the Canadian Transportation Agency amends the order to authorize any new construction, payment of the costs of the new construction and maintenance of it are governed by subsection 103(3) of this Act.

Exception - previously authorized companies

200. (1) Section 90 of this Act does not apply to a company

    (a) authorized to construct or operate a railway by section 10.1 or 11 of the Railway Act as that Act read immediately before the coming into force of section 185 of this Act; or

    (b) operating a railway from the United States into Canada on the coming into force of this section.

Railway company

(2) The company is a railway company for the purposes of Part III of this Act.

Repeal

(3) This section is repealed one year after it comes into force.

Expropria-
tion under Railway Act

201. Where proceedings under or governed by sections 160 to 188 of the Railway Act were commenced before the coming into force of section 185 of this Act, those sections continue to apply in respect of those proceedings.

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