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Bill C-14

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45 ELIZABETH II

CHAPTER 10

[Assented to 29th May, 1996]

An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequence

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Canada Transportation Act.

HER MAJESTY

Binding on Her Majesty

2. This Act is binding on Her Majesty in right of Canada or a province.

APPLICATION

Application generally

3. This Act applies in respect of transportation matters under the legislative authority of Parliament.

Conflicts

4. (1) Subject to subsection (2), where there is a conflict between any order or regulation made under this Act in respect of a particular mode of transportation and any rule, order or regulation made under any other Act of Parliament in respect of that particular mode of transportation, the order or regulation made under this Act prevails.

Competition Act

(2) Nothing in or done under the authority of this Act affects the operation of the Competition Act.

NATIONAL TRANSPORTATION POLICY

Declaration

5. It is hereby declared that a safe, economic, efficient and adequate network of viable and effective transportation services accessible to persons with disabilities and that makes the best use of all available modes of transportation at the lowest total cost is essential to serve the transportation needs of shippers and travellers, including persons with disabilities, and to maintain the economic well-being and growth of Canada and its regions and that those objectives are most likely to be achieved when all carriers are able to compete, both within and among the various modes of transportation, under conditions ensuring that, having due regard to national policy, to the advantages of harmonized federal and provincial regulatory approaches and to legal and constitutional requirements,

    (a) the national transportation system meets the highest practicable safety standards,

    (b) competition and market forces are, whenever possible, the prime agents in providing viable and effective transportation services,

    (c) economic regulation of carriers and modes of transportation occurs only in respect of those services and regions where regulation is necessary to serve the transportation needs of shippers and travellers and that such regulation will not unfairly limit the ability of any carrier or mode of transportation to compete freely with any other carrier or mode of transportation,

    (d) transportation is recognized as a key to regional economic development and that commercial viability of transportation links is balanced with regional economic development objectives so that the potential economic strengths of each region may be realized,

    (e) each carrier or mode of transportation, as far as is practicable, bears a fair proportion of the real costs of the resources, facilities and services provided to that carrier or mode of transportation at public expense,

    (f) each carrier or mode of transportation, as far as is practicable, receives fair and reasonable compensation for the resources, facilities and services that it is required to provide as an imposed public duty,

    (g) each carrier or mode of transportation, as far as is practicable, carries traffic to or from any point in Canada under fares, rates and conditions that do not constitute

      (i) an unfair disadvantage in respect of any such traffic beyond the disadvantage inherent in the location or volume of the traffic, the scale of operation connected with the traffic or the type of traffic or service involved,

      (ii) an undue obstacle to the mobility of persons, including persons with disabilities,

      (iii) an undue obstacle to the interchange of commodities between points in Canada, or

      (iv) an unreasonable discouragement to the development of primary or secondary industries, to export trade in or from any region of Canada or to the movement of commodities through Canadian ports, and

    (h) each mode of transportation is economically viable,

and this Act is enacted in accordance with and for the attainment of those objectives to the extent that they fall within the purview of subject-matters under the legislative authority of Parliament relating to transportation.

INTERPRETATION

Definitions

6. In this Act,

``Agency''
« Office »

``Agency'' means the Canadian Transportation Agency continued by subsection 7(1);

``carrier''
« transpor-
teur »

``carrier'' means a person who is engaged in the transport of goods or passengers by any means of transport under the legislative authority of Parliament;

``Chairperson' '
« président »

``Chairperson'' means the Chairperson of the Agency;

``goods''
« marchandi-
ses »

``goods'' includes rolling stock and mail;

``member''
« membre »

``member'' means a member of the Agency appointed under paragraph 7(2)(a) and includes a temporary member;

``Minister''
« ministre »

``Minister'' means the Minister of Transport;

``rolling stock''
« matériel roulant »

``rolling stock'' includes a locomotive, engine, motor car, tender, snow-plough, flanger and any car or railway equipment that is designed for movement on its wheels on the rails of a railway;

``shipper''
« expéditeur »

``shipper'' means a person who sends or receives goods by means of a carrier or intends to do so;

``sitting day of Parliament''
« jour de séance »

``sitting day of Parliament'' means a day on which either House of Parliament sits;

``superior court''
« cour supérieure »

``superior court'' means

      (a) in Ontario, the Ontario Court (General Division),

      (b) in Quebec, the Superior Court,

      (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,

      (d) in Nova Scotia, British Columbia, the Yukon Territory, the Northwest Territories and, after section 3 of the Nunavut Act comes into force, Nunavut, the Supreme Court, and

      (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court;

``temporary member''
« membre temporaire »

``temporary member'' means a temporary member of the Agency appointed under subsection 9(1);

``Vice-
Chairperson''
« vice-
président »

``Vice-Chairperson'' means the Vice-Chairperson of the Agency.

PART I

ADMINISTRATION

Canadian Transportation Agency

Continuation and Organization

Agency continued

7. (1) The agency known as the National Transportation Agency is continued as the Canadian Transportation Agency.

Composition of Agency

(2) The Agency shall consist of

    (a) not more than seven members appointed by the Governor in Council, and

    (b) such temporary members as are appointed under subsection 9(1),

each of whom must, on appointment or reappointment and while serving as a member, be a Canadian citizen or permanent resident within the meaning of the Immigration Act.

Chairperson and Vice-
Chairperson

(3) The Governor in Council shall designate one of the members appointed under paragraph (2)(a) to be the Chairperson of the Agency and one of the other members appointed under that paragraph to be the Vice-Chairperson of the Agency.

Term of members

8. (1) Each member appointed under paragraph 7(2)(a) shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council.

Reappoint-
ment

(2) A member appointed under paragraph 7(2)(a) is eligible to be reappointed on the expiration of a first or subsequent term of office.

Continuation in office

(3) Where a member appointed under paragraph 7(2)(a) ceases to hold office, the Chairperson may authorize the member to continue to hear any matter that was before the member on the expiration of the member's term of office and that member is deemed to be a member of the Agency, but that person's status as a member does not preclude the appointment of up to seven members under paragraph 7(2)(a) or up to three temporary members under subsection 9(1).

Temporary members

9. (1) The Minister may appoint temporary members of the Agency from the roster of individuals established by the Governor in Council under subsection (2).

Roster

(2) The Governor in Council may appoint any individual to a roster of candidates for the purpose of subsection (1).

Maximum number

(3) Not more than three temporary members shall hold office at any one time.

Term of temporary members

(4) A temporary member shall hold office during good behaviour for a term of not more than one year and may be removed for cause by the Governor in Council.

No reappoint-
ment

(5) A person who has served two consecutive terms as a temporary member is not, during the twelve months following the completion of the person's second term, eligible to be reappointed to the Agency as a temporary member.

Members - conflicts of interest

10. (1) A member appointed under paragraph 7(2)(a) shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise,

    (a) be engaged in a transportation undertaking or business; or

    (b) have an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, unless the distribution is merely incidental to the general merchandising of goods.

Temporary members may not hold other office

(2) During the term of office of a temporary member, the member shall not accept or hold any office or employment that is inconsistent with the member's duties under this Act.

Disposal of conflict of interest

(3) Where an interest referred to in subsection (1) vests in a member appointed under paragraph 7(2)(a) for the benefit of the member by will or succession, the interest shall, within three months after the vesting, be absolutely disposed of by the member.

Remuneration

Remunera-
tion

11. (1) A member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.

Expenses

(2) Each member is entitled to be paid reasonable travel and living expenses incurred by the member in carrying out duties under this Act or any other Act of Parliament while absent from the member's ordinary place of work.

Members - retirement pensions

12. (1) A member appointed under paragraph 7(2)(a) is deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act.

Temporary members not included

(2) A temporary member is deemed not to be employed in the Public Service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

Accident compensation

(3) For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, a member is deemed to be an employee in the public service of Canada.

Chairperson

Duties of Chairperson

13. The Chairperson is the chief executive officer of the Agency and has the supervision over and direction of the work of the members and its staff, including the apportionment of work among the members and the assignment of members to deal with any matter before the Agency.

Absence of Chairperson

14. In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has all the powers and shall perform all the duties and functions of the Chairperson.

Absence of both Chairperson and Vice-
Chairperson

15. The Chairperson may authorize one or more of the members to act as Chairperson for the time being if both the Chairperson and Vice-Chairperson are absent or unable to act.

Quorum

Quorum

16. (1) Subject to the Agency's rules, two members constitute a quorum.

Quorum lost because of incapacity of member

(2) Where a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing or after the conclusion of the hearing but before rendering a decision and quorum is lost as a result, the Chairperson may, with the consent of all the parties to the hearing,

    (a) if the incapacity or death occurs during the hearing, authorize another member to continue the hearing and render a decision, or

    (b) if the incapacity or death occurs after the conclusion of the hearing, authorize another member to examine the evidence presented at the hearing and render a decision,

and in either case, the quorum in respect of the matter is deemed never to have been lost.

Quorum not lost because of incapacity of member

(3) Where a member who is conducting a hearing in respect of a matter becomes incapacitated or dies during the hearing and quorum is not lost as a result, another member may be assigned by the Chairperson to participate in the hearing and in the rendering of a decision.

Rules

Rules

17. The Agency may make rules respecting

    (a) the sittings of the Agency and the carrying on of its work;

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