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:Issuance of notice of violation

 If a person designated as an enforcement officer under 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 made under section 177, for the violation that the person is liable to pay; and

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

  • 1996, c. 10, s. 180;
  • 2001, c. 29, s. 52;
  • 2007, c. 19, s. 52.
Marginal note:Option

 A person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.

  • 2007, c. 19, s. 52.
Marginal note:Payment of specified amount precludes further proceedings

 If a person who is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in it, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Part shall be taken against the person in respect of that contravention.

  • 2007, c. 19, s. 52.
Marginal note:Request for review of determination
  •  (1) A person who is served with a notice of violation and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.

  • Marginal note:Time and place for review

    (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

  • Marginal note:Review procedure

    (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Burden of proof

    (4) The burden of establishing that a person has contravened a designated provision is on the Minister.

  • Marginal note:Person not compelled to testify

    (5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.

  • 2007, c. 19, s. 52.
Marginal note:Certificate

 If a person neither pays the amount of the penalty in accordance with the particulars set out in the notice of violation nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice, and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in the notice.

  • 2007, c. 19, s. 52.
Marginal note:Determination by Tribunal member

 If, at the conclusion of a review under section 180.3, the member of the Tribunal who conducts the review determines that

  • (a) the person has not contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to section 180.6, no further proceedings under this Part shall be taken against the person in respect of the alleged contravention; or

  • (b) the person has contravened the designated provision that the person is alleged to have contravened, the member of the Tribunal shall without delay inform the person and the Minister of the determination and, subject to any regulations made under section 177, of the amount determined by the member of the Tribunal to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time that the member of the Tribunal may allow, the member of the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.

  • 2007, c. 19, s. 52.
Marginal note:Right of appeal
  •  (1) The Minister or a person affected by a determination made under section 180.5 may, within 30 days after the determination, appeal it to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

  • Marginal note:Certificate

    (4) If the appeal panel finds that a person has contravened the designated provision, the panel shall without delay inform the person of the finding and, subject to any regulations made under section 177, of the amount determined by the panel to be payable by the person in respect of the contravention and, if the amount is not paid to the Tribunal by or on behalf of the person within the time allowed by the Tribunal, the Tribunal shall issue to the Minister a certificate in the form that may be established by the Governor in Council, setting out the amount required to be paid by the person.

  • 2007, c. 19, s. 52.
Marginal note:Registration of certificate
  •  (1) If the time limit for the payment of an amount determined by the Minister in a notice of violation has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, on production in any superior court, a certificate issued under section 180.4, paragraph 180.5(b) or subsection 180.6(4) shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

  • Marginal note:Recovery of costs and charges

    (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

  • Marginal note:Amounts received deemed public moneys

    (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

  • 2007, c. 19, s. 52.
Marginal note:References to “Minister”
  •  (1) In the case of a violation referred to in subsection 177(1) or (1.1), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.

  • Marginal note:Delegation by Minister

    (2) In the case of a violation referred to in subsection 177(2) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.

  • 2007, c. 19, s. 52;
  • 2013, c. 31, s. 14;
  • 2014, c. 8, s. 12;
  • 2015, c. 31, ss. 13, 38.
Marginal note:Time limit for proceedings

 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 VIIRepeals, Transitional Provisions, Consequential and Conditional Amendments and Coming into Force

Repeals

 [Repeals]

Marginal note:Repeal of R.S., c. R-3
  •  (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.

  • Marginal note:Repeal of certain provisions

    Footnote *(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.

  • Marginal note:Interpretation

    (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.

 
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