Marginal note:Issuance of safety fitness certificate
8. (1) The provincial authority in each province may, subject to the regulations, issue a safety fitness certificate to a person or body to operate an extra-provincial motor carrier undertaking, and may revoke any certificate so issued.
Marginal note:Certificate valid throughout Canada
(2) A safety fitness certificate issued under subsection (1) is valid throughout Canada.
Marginal note:Review of decisions with respect to safety fitness certificates
(3) The following rules apply to the review of decisions with respect to the issuance or revocation of safety fitness certificates in a province by a provincial authority:
(a) any rules with respect to the right of review, and any proceedings governing reviews, applicable in that province in respect of such decisions; and
(b) in the absence of rules or procedures established under paragraph (a), the rules with respect to the right of review, and the procedures governing reviews, of decisions with respect to the issuance and revocation of licences of motor carrier undertakings in that province.
- R.S., 1985, c. 29 (3rd Supp.), s. 8;
- 2001, c. 13, s. 5.
Marginal note:Withdrawal of power to issue safety fitness certificates
9 (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fitness certificate issued by a provincial authority whose power to issue certificates under this section has been withdrawn shall, not later than sixty days after publication of an order made under subsection (1), file a declaration with another provincial authority that the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.
10. 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.
11. to 15 [Repealed, 1996, c. 17, s. 19]
Exemptions, Regulations, Foreign Carriers and Offence and Punishment
16. (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.
16.1 (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
- 2001, c. 13, s. 6.
Marginal note:Unfair practices
17. (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).
(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
(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
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
20 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.
- Date modified: