Motor Vehicle Transport Act (R.S.C., 1985, c. 29 (3rd Supp.))

Act current to 2016-06-06 and last amended on 2006-01-01. Previous Versions

Marginal note:Withdrawal of power to issue safety fitness certificates
  •  (1) If the Minister is satisfied after consultation with the provinces that the provincial authority in a province is not issuing safety fitness certificates in accordance with this Act, the Minister may, by order, withdraw its power to issue such certificates.

  • Marginal note:Effective date of withdrawal

    (2) An order made under subsection (1) takes effect on the date of its publication in the Canada Gazette.

  • Marginal note:Undertaking that holds a certificate

    (3) An extra-provincial motor carrier undertaking that holds a safety fitness certificate issued by a provincial authority whose power to issue certificates under this section has been withdrawn shall, not later than sixty days after publication of an order made under subsection (1), file a declaration with another provincial authority that the undertaking is subject to supervision by it.

  • R.S., 1985, c. 29 (3rd Supp.), s. 9;
  • 1992, c. 1, s. 144(F);
  • 2001, c. 4, s. 100(E), c. 13, s. 5.
Marginal note:Reinstatement

 If the Minister is satisfied that a provincial authority referred to in subsection 9(3) has remedied its default and established a plan to ensure that the default does not recur, the Minister shall, by order, revoke the order made under subsection 9(1).

  • R.S., 1985, c. 29 (3rd Supp.), s. 10;
  • 2001, c. 13, s. 5.
Marginal note:

 [Repealed, 1996, c. 17, s. 19]

Exemptions, Regulations, Foreign Carriers and Offence and Punishment

Exemptions

Marginal note:Exemptions
  •  (1) The Minister may, after consultation with the provinces that would be affected by a proposed exemption, exempt from the application of any provision of this Act or the regulations, either generally or for a limited period or in respect of a limited area, any person, the whole or any part of any extra-provincial motor carrier undertaking or any class of those undertakings, if in the opinion of the Minister the exemption is in the public interest and is not likely to affect motor carrier safety.

  • Marginal note:Terms and conditions

    (2) An exemption under subsection (1) is subject to any terms or conditions that the Minister may specify in it.

  • R.S., 1985, c. 29 (3rd Supp.), s. 16;
  • 2001, c. 13, s. 6.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the provinces that would be affected by the proposed regulation, make regulations for the attainment of the objectives of this Act and, in particular, regulations

    • (a) prescribing classes of extra-provincial motor carrier undertakings for the purposes of this Act, or any or all regulations under this Act;

    • (b) respecting the criteria according to which provincial authorities may issue safety fitness certificates under section 8;

    • (c) prescribing analogous documents for the purpose of subsection 7(1);

    • (d) respecting the safe operation of extra-provincial motor carrier undertakings including regulations respecting audit, inspection, entry on premises and the provision of information;

    • (e) prescribing the criteria relating to the fitness of an extra-provincial motor carrier undertaking to hold a safety fitness certificate issued under section 8;

    • (f) prescribing the type, amount and conditions of insurance and bonding coverage required to be held by an extra-provincial motor carrier undertaking;

    • (g) prescribing the information that applicants, extra-provincial motor carrier undertakings and provincial authorities must provide to the Minister, to other provincial authorities or to foreign states or agencies of those states;

    • (h) prescribing the conditions of carriage and the limitations of liability that apply with respect to extra-provincial motor carrier undertakings; and

    • (i) restricting or otherwise governing the release of pollutants into the environment from the operation of vehicles operated by extra-provincial motor carrier undertakings.

  • Marginal note:Incorporation by reference

    (2) A regulation made under subsection (1) may incorporate by reference all or any portion of another document, as amended from time to time, including

    • (a) a standard relating to the safe operation of a motor carrier undertaking; and

    • (b) the law of a province relating to motor vehicle undertakings.

  • 2001, c. 13, s. 6.

Foreign Carriers

Marginal note:Unfair practices
  •  (1) If the Minister is of the opinion that a government in a foreign state has engaged in unfair, discriminatory or restrictive practices with regard to Canadian extra-provincial motor carrier undertakings that operate in that state or between that state and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs, seek elimination of those practices through consultations with that state.

  • Marginal note:Order in Council

    (2) If the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister and the Minister of Foreign Affairs made after consultation by the Minister with the provinces that would be affected by the proposed order, notwithstanding anything in this Act or any other Act of Parliament, by order, subject to any conditions that may be specified in the order,

    • (a) prohibit or restrict the issuance of a safety fitness certificate under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier;

    • (b) direct any provincial authority to suspend a safety fitness certificate issued under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier; and

    • (c) direct any provincial authority to reinstate a safety fitness certificate suspended in accordance with a direction issued under paragraph (b).

  • Marginal note:Compliance

    (3) A provincial authority to which an order applies shall comply with it.

  • R.S., 1985, c. 29 (3rd Supp.), s. 17;
  • 1995, c. 5, s. 25;
  • 2001, c. 13, s. 7.

Offence and Punishment

Marginal note:Offence
  •  (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act is guilty of an offence punishable on summary conviction.

  • Marginal note:Limitation

    (2) Any proceedings in respect of an offence under this Act may be commenced at any time within, but not later than, twelve months after the time when the subject-matter of the proceedings arose.

Marginal note:Punishment re individuals
  •  (1) An individual who is convicted of an offence under this Act is liable to a fine not exceeding five thousand dollars.

  • Marginal note:Punishment re corporations

    (2) A corporation that is convicted of an offence under this Act is liable to a fine not exceeding twenty-five thousand dollars.

Marginal note:Officers, etc., of corporations

 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:Venue

 A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

  • 2001, c. 13, s. 8.
Marginal note:Disposition of fines

 A fine imposed under section 19 shall be paid over by the provincial court judge or officer receiving it to the treasurer of the province in which it was imposed.

Marginal note:Proof of documents

 In any proceedings for an offence under this Act, any document purporting to be certified by a provincial authority to be a true copy of any order or direction made by it is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence of the original document of which it purports to be a copy.

  • R.S., 1985, c. 29 (3rd Supp.), s. 22;
  • 2001, c. 13, s. 9.

Transitional Provisions

Marginal note:Deeming

 If an extra-provincial motor carrier undertaking is, on the day immediately before the coming into force of this section, authorized to operate within a province, the undertaking is deemed to hold a safety fitness certificate issued under section 8.

  • R.S., 1985, c. 29 (3rd Supp.), s. 23;
  • 2001, c. 13, s. 9.
 
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