Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2017-12-11 and last amended on 2017-08-01. Previous Versions

Marginal note:Members — conflicts of interest
  •  (1) A member appointed under subsection 7(2) 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.

  • Marginal note: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.

  • Marginal note:Disposal of conflict of interest

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

  • 1996, c. 10, s. 10;
  • 2015, c. 3, s. 32(E).

Remuneration

Marginal note:Remuneration
  •  (1) A member shall be paid such remuneration and allowances as may be fixed by the Governor in Council.

  • Marginal note: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.

Marginal note:Members — retirement pensions
  •  (1) A member appointed under subsection 7(2) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note: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.

  • Marginal note: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 federal public administration.

  • 1996, c. 10, s. 12;
  • 2003, c. 22, ss. 224(E), 225(E);
  • 2015, c. 3, s. 33(E).

Chairperson

Marginal note:Duties of Chairperson

 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.

Marginal note:Absence of Chairperson

 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.

Marginal note:Absence of both Chairperson and Vice-Chairperson

 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

Marginal note:Quorum
  •  (1) Subject to the Agency’s rules, two members constitute a quorum.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Rules

 The Agency may make rules respecting

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

  • (b) the manner of and procedures for dealing with matters and business before the Agency, including the circumstances in which hearings may be held in private; and

  • (c) the number of members that are required to hear any matter or perform any of the functions of the Agency under this Act or any other Act of Parliament.

Head Office

Marginal note:Head office
  •  (1) The head office of the Agency shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Residence of members

    (2) The members appointed under subsection 7(2) shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines.

  • 1996, c. 10, s. 18;
  • 2007, c. 19, s. 5;
  • 2008, c. 21, s. 61.

Staff

Marginal note:Secretary, officers and employees

 The Secretary of the Agency and the other officers and employees that are necessary for the proper conduct of the business of the Agency shall be appointed in accordance with the Public Service Employment Act.

Marginal note:Technical experts

 The Agency may appoint and, subject to any applicable Treasury Board directive, fix the remuneration of experts or persons who have technical or special knowledge to assist the Agency in an advisory capacity in respect of any matter before the Agency.

Records

Marginal note:Duties of Secretary
  •  (1) The Secretary of the Agency shall

    • (a) maintain a record in which shall be entered a true copy of every rule, order, decision and regulation of the Agency and any other documents that the Agency requires to be entered in it; and

    • (b) keep at the Agency’s office a copy of all rules, orders, decisions and regulations of the Agency and the records of proceedings of the Agency.

  • Marginal note:Entries in record

    (2) The entry of a document in the record referred to in paragraph (1)(a) shall constitute the original record of the document.

Marginal note:Copies of documents obtainable

 On the application of any person, and on payment of a fee fixed by the Agency, the Secretary of the Agency or, in the absence of the Secretary, the person assigned by the Chairperson to act in the absence shall issue under the seal of the Agency to the applicant a certified copy of any rule, order, regulation or any other document that has been issued by the Agency.

Marginal note:Judicial notice of documents
  •  (1) Judicial notice shall be taken of a document issued by the Agency under its seal without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Evidence of deposited documents

    (2) A document purporting to be certified by the Secretary of the Agency as being a true copy of a document deposited or filed with or approved by the Agency, or any portion of such a document, is evidence that the document is so deposited, filed or approved and, if stated in the certificate, of the time when the document was deposited, filed or approved.

Powers of Agency

Marginal note:Policy governs Agency

 The powers, duties and functions of the Agency respecting any matter that comes within its jurisdiction under an Act of Parliament shall be exercised and performed in conformity with any policy direction issued to the Agency under section 43.

Marginal note:Agency powers in general

 The Agency has, with respect to all matters necessary or proper for the exercise of its jurisdiction, the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders or regulations and the entry on and inspection of property, all the powers, rights and privileges that are vested in a superior court.

 
Date modified: