Marginal note:Water transportation
37. (1) For the purpose of ensuring adequate supplies of a controlled product in the various parts of Canada, the Board may direct the Canadian Transportation Agency
(a) to order any Canadian ship to be used or sailed as required by the Board, and
(b) to authorize a ship that is not a Canadian ship to carry any controlled product between points in Canada when no Canadian ship is available to carry the controlled product,
and the Agency is hereby vested with all such powers, in addition to its powers under the Canada Transportation Act as are necessary to enable the Agency to carry out or enforce the direction of the Board.
Marginal note:Consultation with Canadian Transportation Agency
(2) Before giving a direction under this section, the Board shall consult with the Canadian Transportation Agency and may consult with such other authorities as it considers necessary in order to satisfy itself that a proposed direction would have the least detrimental effect on the carriage of goods by water in Canada consistent with the need to carry out the purposes of this Act.
Marginal note:Exemption duties and licences
(3) The Board may, by order, exempt any non-Canadian ship engaged in Canadian coasting trade pursuant to an order of the Canadian Transportation Agency under paragraph (1)(b) from
(a) the payment of any customs duty and excise tax that would be payable in respect of that ship and its appurtenances and spares by virtue of its engagement in Canadian coasting trade; and
(b) the requirement for a licence under the Coasting Trade Act.
- R.S., 1985, c. E-9, s. 37;
- R.S., 1985, c. 28 (3rd Supp.), ss. 284, 359;
- 1992, c. 31, s. 28;
- 1996, c. 10, s. 217.
Marginal note:Motor transport
38. In respect of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act, the Board may authorize the operation of the undertaking for the transport of a controlled product notwithstanding any provision of that Act or the Canada Transportation Act or any regulations made pursuant to either of those Acts.
- R.S., 1985, c. E-9, s. 38;
- R.S., 1985, c. 28 (3rd Supp.), s. 285, c. 29 (3rd Supp.), s. 24;
- 1996, c. 10, s. 218;
- 2001, c. 13, s. 10.
Marginal note:Approval required
39. (1) Where a direction under section 35, 36 or 37 would require the construction of works pursuant to an order of the Canadian Transportation Agency or the National Energy Board under any of those sections, the direction shall not be made by the Board unless it is satisfied that sufficient financing is available for the construction of the work to be directed and the Governor in Council has approved the making of the direction.
(2) Where compliance with any regulation under this Act would require the construction of any work, the regulation shall not be enforced unless the Board is satisfied that the costs involved are not excessive in all the circumstances of the case, that sufficient financing is available for the construction of the work and that the Minister of Natural Resources has been informed of the costs involved and approves the enforcement of the regulation.
- R.S., 1985, c. E-9, s. 39;
- R.S., 1985, c. 28 (3rd Supp.), s. 359;
- 1994, c. 41, s. 37;
- 1996, c. 10, s. 219.
- Date modified: