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

Act current to 2017-05-11 and last amended on 2016-06-18. Previous Versions

Marginal note:Interest on unpaid amounts

 If any portion of a levy is not paid by a railway company as required by subsection 155.7(1), the railway company shall pay to the Receiver General interest on that portion — calculated in the manner and at the rate that the Governor in Council may, by order, determine — from the time when the payment was required to be made.

  • 2015, c. 31, s. 10.
Marginal note:Debt due to Her Majesty

 All amounts payable under subsection 155.7(1) and section 155.8 are debts due to Her Majesty in right of Canada and are recoverable in any court of competent jurisdiction from the railway company that is required to pay them.

  • 2015, c. 31, s. 10.
Marginal note:Power to require information

 The Minister may direct that a railway company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Division.

  • 2015, c. 31, s. 10.
Marginal note:Discontinuation and reimposition
  •  (1) The Minister may, by order, discontinue the application of subsections 113(2.1) and 155.7(1) in respect of the carriage of any traffic — indefinitely or until a time specified in the order — or, by order, reimpose the application of those subsections in respect of the carriage of that traffic if it has been discontinued indefinitely.

  • Marginal note:Annual adjustment of levy unaffected

    (2) The making of an order under subsection (1) does not affect the operation of section 155.4 in respect of any levy.

  • 2015, c. 31, s. 10.
Marginal note:Records and books of account
  •  (1) Every railway company that is required to pay an amount under subsection 155.7(1) shall keep at their place of business in Canada, or at any other place in Canada that may be designated by the Minister, records and books of account that set out

    • (a) the amount that is payable by the railway company under that subsection;

    • (b) the type and quantity of the traffic in respect of which that amount is payable;

    • (c) if the traffic to which that amount relates is traffic in respect of which there is a levy under section 155.3 or 155.5, the day on which the traffic was first carried, at a rate other than an interswitching rate, by the railway company after it was loaded and the place from which it was first carried by it after the loading; and

    • (d) if the traffic to which that amount relates is traffic in respect of which there is a levy imposed by an order made under section 155.6, the day on which the traffic was carried by the railway company, the place from which it was carried and the place to which it was carried.

  • Marginal note:Disposal of records

    (2) Every railway company that is required by subsection (1) to keep records and books of account shall, unless otherwise authorized by the Minister, retain those records and books of account, and every account or voucher that is necessary to verify the information contained in them, until the expiry of six years after the end of the year to which the records or books of account relate.

  • Marginal note:Examination of records

    (3) Every railway company that is required by subsection (1) to keep records and books of account shall, at all reasonable times, make the records and books of account, and every account or voucher that is necessary to verify the information contained in them, available to any person designated under subsection 155.85(1) and give that person every facility that is necessary to examine them.

  • 2015, c. 31, s. 10.
Marginal note:Designation
  •  (1) The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of subsection 155.7(1) or section 155.84.

  • Marginal note:Certificate of designation

    (2) Every person who is designated under subsection (1) is to be provided with a certificate of their designation that must be produced, on request, to the owner, occupier or person in charge of any place referred to in subsection 155.86(1) when the designated person enters the place.

  • 2015, c. 31, s. 10.
Marginal note:Inspection
  •  (1) A person who is designated under subsection 155.85(1) may, for a purpose related to verifying compliance with subsection 155.7(1) or section 155.84, enter any place in which they have reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to amounts payable under subsection 155.7(1).

  • Marginal note:Powers on entry

    (2) The designated person may, for the purpose referred to in subsection (1),

    • (a) examine anything in the place, including any document;

    • (b) use any means of communication in the place, or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it, or reproduce the data, or cause it to be reproduced, in the form of a printout or other intelligible output and remove any printout or output for examination or copying;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place, or cause it to be used;

    • (f) take photographs or make recordings or sketches of anything in the place;

    • (g) prohibit or limit access to all or part of the place or to anything in the place; and

    • (h) remove anything from the place for the purpose of examination.

  • Marginal note:Persons accompanying designated person

    (3) The designated person may be accompanied by any person who they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Assistance

    (4) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the designated person to exercise their powers or perform their duties or functions under this section and shall provide any documents or information, and access to any data, that is reasonably required.

  • 2015, c. 31, s. 10.
Marginal note:Warrant to enter dwelling-house
  •  (1) If the place referred to in subsection 155.86(1) is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 155.86(1);

    • (b) entry to the dwelling-house is necessary for the purpose of that subsection; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • 2015, c. 31, s. 10.
Marginal note:Report to Minister

 On the conclusion of an inspection, the designated person shall provide a written report of their findings to the Minister.

  • 2015, c. 31, s. 10.
Marginal note:Return of documents
  •  (1) A document that is removed under paragraph 155.86(2)(h) must be returned to the person from whose custody it is taken within 21 days after it is taken or within any longer period that is directed by a judge of a superior court or agreed to by a person who is entitled to its return.

  • Marginal note:Notice of application for extension of time

    (2) An application to a judge for a direction under subsection (1) may only be made on notice to the person from whose custody the document is removed.

  • 2015, c. 31, s. 10.
Marginal note:Copies of documents

 A document purporting to be certified by the Minister to be a copy of a document made under subsection 155.86(2) is admissible in evidence in any prosecution for an offence in respect of a contravention of a provision of this Division or of a regulation made under this Division — or in respect of a contravention of an order made under this Division — and, in the absence of evidence to the contrary, is proof of its contents.

  • 2015, c. 31, s. 10.
 
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