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

Marginal note:Continuation of legal proceedings

193. Any action, suit or other legal proceeding to which the National Transportation Agency is party pending in any court immediately before the day this section comes into force may be continued by or against the Canadian Transportation Agency in like manner and to the same extent as it could have been continued by or against the National Transportation Agency.

Marginal note:Members cease to hold office

194. Except as provided for in subsection 195(4), all persons who hold office as a member of the National Transportation Agency immediately before the coming into force of this section cease to hold office on that day.

Marginal note:Continuation of proceedings

• 195. (1) Subject to this section, proceedings relating to any matter before the National Transportation Agency on the coming into force of this section, including any matter that is in the course of being heard or investigated by the National Transportation Agency, shall be continued by the Canadian Transportation Agency.

• Marginal note:Application of provisions

  (2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the National Transportation Act, 1987 as that Act read immediately before the coming into force of section 183.

• Marginal note:Directions re proceedings

  (3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order had been made on the coming into force of this section shall be

  • (a) discontinued, or

  • (b) continued by the Canadian Transportation Agency,

  on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties and of the general public.

• Marginal note:Member continues

  (4) Where in any proceedings continued under this section any evidence was heard by a member of the National Transportation Agency, that person may, on the request of the Chairperson of the Canadian Transportation Agency, continue to hear the matter and that person is deemed to be a member of the Canadian Transportation Agency for the specific purpose of the expeditious completion of the proceedings, after which time that member shall cease to hold office.

• Marginal note:Deemed member

  (5) A person referred to in subsection (4) who is deemed to be a member of the Canadian Transportation Agency under that subsection

  • (a) shall, unless the Governor in Council provides otherwise, be paid in a manner that is consistent with the remuneration the person was receiving immediately before the coming into force of this section; but

  • (b) that person’s status as a member does not preclude the appointment of up to three members under paragraph 7(2)(a) or up to three temporary members under subsection 9(1).