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

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

Marginal note:Offence

 Every person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liable

  • (a) in the case of an individual, to a fine not exceeding $5,000; and

  • (b) in the case of a corporation, to a fine not exceeding $25,000.

Marginal note:Officers, etc., of corporation re offences

 Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.

Marginal note:Time limit for commencement of proceedings

 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.

Administrative Monetary Penalties

Definition of Tribunal

 For the purposes of sections 180.1 to 180.7, Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

  • 2007, c. 19, s. 48.
Marginal note:Regulation-making powers
  •  (1) The Agency may, by regulation,

    • (a) designate

      • (i) any provision of this Act or of any regulation, order or direction made pursuant to this Act,

      • (ii) the requirements of any provision referred to in subparagraph (i), or

      • (iii) any condition of a licence issued under this Act,

      as a provision, requirement or condition the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180; and

    • (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      • (i) $5,000, in the case of an individual, and

      • (ii) $25,000, in the case of a corporation.

  • (1.1) [Repealed, 2018, c. 10, s. 53]

  • Marginal note:Regulations by Minister

    (2) The Minister may, by regulation,

    • (a) designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 179 and 180 any provision of section 51 or 51.2 or any provision of any regulation made under section 50 or 51, or any requirement of section 51 or 51.2 or those regulations; and

    • (b) prescribe the maximum amount payable for each violation, but the amount shall not exceed

      • (i) $5,000, in the case of an individual, and

      • (ii) $25,000, in the case of a corporation.

  • Marginal note:Regulations made under subsection 50(1.01)

    (2.01) The contravention of any provision of a regulation made under subsection 50(1.01) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $25,000.

  • Marginal note:Sections 93.1 or 94

    (2.1) The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

  • Marginal note:Subsections 155.7(1) or 155.84(1) to (3)

    (2.2) The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

  • (3) [Repealed, 2014, c. 8, s. 9]

  • 1996, c. 10, s. 177;
  • 2007, c. 19, s. 49;
  • 2013, c. 31, s. 12;
  • 2014, c. 8, s. 9;
  • 2015, c. 31, s. 11;
  • 2018, c. 10, s. 53.
Marginal note:Notices of violation
  •  (1) The Agency, in respect of a violation referred to in subsection 177(1) or (2.1), or the Minister, in respect of a violation referred to in subsection 177(2), (2.01) or (2.2), may

    • (a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and

    • (b) establish the form and content of notices of violation.

  • Marginal note:Powers of enforcement officers

    (2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).

  • Marginal note:Certification of designated persons

    (3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

  • Marginal note:Powers of designated persons

    (4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer pursuant to paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act.

  • Marginal note:Assistance to enforcement officers

    (5) Any person from whom documents or data are requested pursuant to subsection (4) shall provide all such reasonable assistance as is in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish such information as the enforcement officer reasonably requires for the purposes of this Act.

  • 1996, c. 10, s. 178;
  • 2007, c. 19, s. 50;
  • 2013, c. 31, s. 13;
  • 2014, c. 8, s. 10;
  • 2015, c. 31, ss. 12, 38;
  • 2018, c. 10, ss. 54, 96.
Marginal note:Violations
  •  (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed pursuant to that section.

  • (1.1) [Repealed, 2014, c. 8, s. 11]

  • Marginal note:How contraventions may be proceeded with

    (2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

  • Marginal note:Nature of violation

    (3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 1996, c. 10, s. 179;
  • 2007, c. 19, s. 51(F);
  • 2014, c. 8, s. 11.
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 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;
  • 2018, c. 10, s. 55.
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.
 
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