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

Act current to 2016-09-18 and last amended on 2016-06-18. Previous Versions

Marginal note:False information, etc.
  •  (1) No person shall knowingly make any false or misleading statement, or knowingly provide false or misleading information, either orally or in writing, to a person who is exercising powers or performing duties or functions under section 155.86.

  • Marginal note:Obstruction

    (2) No person shall knowingly obstruct or hinder a person who is exercising powers or performing duties or functions under section 155.86.

  • 2015, c. 31, s. 10.

Administration of Fund

Marginal note:Books of account and systems
  •  (1) The Administrator shall cause

    • (a) records and books of account to be kept in relation to the Fund; and

    • (b) control and information systems and management practices, in respect of financial and management matters, to be maintained in relation to the Fund.

  • Marginal note:Administrator’s responsibility

    (2) The Administrator shall keep or maintain, as the case may be, the records, books, systems and practices in a manner that provides reasonable assurance that

    • (a) the Administrator’s and Deputy Administrator’s powers, duties and functions under this Division are exercised and performed effectively and in accordance with this Division;

    • (b) the assets used by them are safeguarded and controlled; and

    • (c) the financial, human and physical resources used by them are managed economically and efficiently.

  • 2015, c. 31, s. 10.
Marginal note:Annual report
  •  (1) The Administrator shall as soon as feasible, but in any case within three months after the end of each fiscal year, submit an annual report, in any form that the Minister may direct, on the Administrator’s activities in that year to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.

  • Marginal note:Form and content

    (2) The annual report must include

    • (a) a statement of the amounts charged and credited to the Fund during the fiscal year;

    • (b) a statement of the costs and expenses incurred during the fiscal year by the Administrator and the Deputy Administrator in exercising their powers and performing their duties and functions under this Division;

    • (c) a statement of the fees for services rendered by the Administrator and the Deputy Administrator during the fiscal year;

    • (d) the auditor’s report with respect to the statements referred to in paragraphs (a) to (c); and

    • (e) the costs of preparing the auditor’s report.

  • Definition of fiscal year

    (3) In this section, fiscal year means the period that begins on April 1 in one calendar year and that ends on March 31 in the next calendar year.

  • 2015, c. 31, s. 10.
Marginal note:Special examination
  •  (1) The Administrator shall cause a special examination to be carried out in respect of the systems and practices referred to in paragraph 155.92(1)(b) to determine if they were, in the period under examination, maintained in a manner that provided reasonable assurance that the assets referred to in paragraph 155.92(2)(b) were safeguarded and controlled and that the resources referred to in paragraph 155.92(2)(c) were managed economically and efficiently.

  • Marginal note:Time for examination

    (2) A special examination must be carried out at least once every five years by the Administrator and at any other time that the Governor in Council or Minister may require.

  • Marginal note:Examiner

    (3) The Administrator shall appoint a person to act as examiner for the purpose of conducting a special examination. However, if a special examination is required by the Governor in Council or the Minister, the Governor in Council or the Minister, as the case may be, shall make the appointment.

  • Marginal note:Conflict of interest

    (4) The examiner shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their duties and functions under this section and section 155.95.

  • Marginal note:Plan

    (5) Before an examiner begins a special examination, they shall survey the systems and practices to be examined and submit to the Minister and the Administrator a plan for the examination, including a statement of the criteria to be applied in the examination.

  • Marginal note:Resolution of disagreements

    (6) Any disagreement between the examiner and the Administrator with respect to the plan is to be resolved by the Minister.

  • 2015, c. 31, s. 10.
Marginal note:Report
  •  (1) On the conclusion of a special examination, the examiner shall provide a written report of their findings to the Minister and the Administrator.

  • Marginal note:Contents

    (2) The examiner’s report must include

    • (a) a statement as to whether, in their opinion, with respect to the criteria established under subsection 155.94(5), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

    • (b) a statement of the extent to which they relied on internal audits.

  • 2015, c. 31, s. 10.
Marginal note:Right to information
  •  (1) If the examiner considers it necessary to enable them to prepare a report as required by this Division, they may direct that the present or any former Administrator or Deputy Administrator — or any present or former employee or agent or mandatary of the present or any former Administrator or Deputy Administrator — provide, to the extent that that person is reasonably able to do so, the examiner with

    • (a) information and explanations; and

    • (b) access to any records, books of account, accounts, vouchers and other documents related to the Fund.

  • Marginal note:Administrator’s responsibilities

    (2) At the examiner’s request, the Administrator shall

    • (a) provide any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that the Administrator is reasonably able to provide; and

    • (b) obtain from any former Administrator or the present or any former Deputy Administrator — or from any present or any former employee or agent or mandatary of the present or former Administrator or Deputy Administrator — any information and explanations that the examiner considers necessary to enable the examiner to prepare any report that is required by this Division and that any of those persons are reasonably able to provide, and then provide the examiner with the information and explanations so obtained.

  • 2015, c. 31, s. 10.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations

  • (a) designating goods or classes of goods for the purpose of the definition designated good in section 152.5;

  • (b) setting out defences for the purpose of section 153.1;

  • (c) respecting traffic or any class of traffic for the purposes of section 155.5 and a levy for the carriage of that traffic or class of traffic, or a manner of calculating the levy;

  • (d) respecting a period for the purpose of subsection 155.7(1);

  • (e) respecting the keeping, by railway companies, of information in relation to their carriage of any traffic in respect of which there is a levy under section 155.3 or 155.5, or a levy imposed by an order made under section 155.6, and the filing of that information with the Minister;

  • (f) respecting a rate of interest for the purpose of section 155.8, or a manner of calculating the rate; and

  • (g) generally for carrying out the purposes and provisions of this Division.

  • 2015, c. 31, s. 10.

General

Marginal note:Sections 26 and 37

 For the purposes of sections 26 and 37, this Division is deemed not to be a part of an Act of Parliament that is referred to in those sections.

  • 2015, c. 31, s. 10.
 
Date modified: