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

Act current to 2018-07-05 and last amended on 2018-06-27. Previous Versions

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.

Marginal note:Power to award costs
  •  (1) Subject to subsections (2) to (4), the Agency has all the powers that the Federal Court has to award costs in any proceeding before it.

  • Marginal note:Costs may be fixed or taxed

    (2) Costs may be fixed in any case at a sum certain or may be taxed.

  • Marginal note:Payment

    (3) The Agency may direct by whom and to whom costs are to be paid and by whom they are to be taxed and allowed.

  • Marginal note:Scale

    (4) The Agency may make rules specifying a scale under which costs are to be taxed.

Marginal note:Compelling observance of obligations

 The Agency may require a person to do or refrain from doing any thing that the person is or may be required to do or is prohibited from doing under any Act of Parliament that is administered in whole or in part by the Agency.

Marginal note:Relief
  •  (1) The Agency may grant the whole or part of an application, or may make any order or grant any further or other relief that the Agency considers appropriate.

  • (2) and (3) [Repealed, 2008, c. 5, s. 1]

  • Marginal note:Amendments

    (4) The Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it.

  • (5) [Repealed, 2008, c. 5, s. 1]

  • 1996, c. 10, s. 27;
  • 2008, c. 5, s. 1;
  • 2018, c. 10, s. 4(E).
Marginal note:Orders
  •  (1) The Agency may in any order direct that the order or a portion or provision of it shall come into force

    • (a) at a future time,

    • (b) on the happening of any contingency, event or condition specified in the order, or

    • (c) on the performance, to the satisfaction of the Agency or a person named by it, of any terms that the Agency may impose on an interested party,

    and the Agency may direct that the whole or any portion of the order shall have force for a limited time or until the happening of a specified event.

  • Marginal note:Interim orders

    (2) The Agency may, instead of making an order final in the first instance, make an interim order and reserve further directions either for an adjourned hearing of the matter or for further application.

Marginal note:Time for making decisions
  •  (1) The Agency shall make its decision in any proceedings before it as expeditiously as possible, but no later than one hundred and twenty days after the originating documents are received, unless the parties agree to an extension or this Act or a regulation made under subsection (2) provides otherwise.

  • Marginal note:Period for specified classes

    (2) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its decision in respect of such classes of proceedings as are specified in the regulation.

Marginal note:Pending proceedings

 The fact that a suit, prosecution or proceeding involving a question of fact is pending in any court does not deprive the Agency of jurisdiction to hear and determine the same question of fact.

Marginal note:Fact finding is conclusive

 The finding or determination of the Agency on a question of fact within its jurisdiction is binding and conclusive.

Marginal note:Review of decisions and orders

 The Agency may review, rescind or vary any decision or order made by it or may re-hear any application before deciding it if, in the opinion of the Agency, since the decision or order or the hearing of the application, there has been a change in the facts or circumstances pertaining to the decision, order or hearing.

Marginal note:Enforcement of decision or order
  •  (1) A decision or order of the Agency may be made an order of the Federal Court or of any superior court and is enforceable in the same manner as such an order.

  • Marginal note:Procedure

    (2) To make a decision or order an order of a court, either the usual practice and procedure of the court in such matters may be followed or the Secretary of the Agency may file with the registrar of the court a certified copy of the decision or order, signed by the Chairperson and sealed with the Agency’s seal, at which time the decision or order becomes an order of the court.

  • Marginal note:Effect of variation or rescission

    (3) Where a decision or order that has been made an order of a court is rescinded or varied by a subsequent decision or order of the Agency, the order of the court is deemed to have been cancelled and the subsequent decision or order may be made an order of the court.

  • Marginal note:Option to enforce

    (4) The Agency may, before or after one of its decisions or orders is made an order of a court, enforce the decision or order by its own action.

  • 1996, c. 10, s. 33;
  • 2002, c. 8, s. 122;
  • 2006, c. 11, s. 17;
  • 2007, c. 19, s. 6.
Marginal note:Fees
  •  (1) The Agency may, by rule, fix the fees that are to be paid to the Agency in respect of applications made to it, including applications for licences or permits and applications for amendments to or for the renewal of licences or permits, and any other matters brought before or dealt with by the Agency.

  • Marginal note:Advance notice to Minister

    (2) The Agency shall give the Minister notice of every rule proposed to be made under subsection (1).

Marginal note:Fees for witnesses

 Every person summoned to attend before the Agency under this Part or before a person making an inquiry under this Part shall receive the fees and allowances for so doing that the Agency may, by regulation, prescribe.

Marginal note:Approval of regulations required
  •  (1) Every regulation made by the Agency under this Act must be made with the approval of the Governor in Council.

  • Marginal note:Advance notice of regulations

    (2) The Agency shall give the Minister notice of every regulation proposed to be made by the Agency under this Act.

 
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