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Marginal note:Violations

• 179 (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed under that section or, in the case of a contravention referred to in subsection 177(3), either a penalty fixed under that subsection or a warning under subparagraph 180(b)(i).

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• Marginal note:How contraventions may be proceeded with

  (2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.

• Marginal note:Nature of violation

  (3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

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Marginal note:

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• 185 (1) Subject to subsection (2), the Railway Act is repealed, except to the extent that subsection 14(1), except paragraph (b), and sections 15 to 80, 84 to 89, 96 to 98 and 109 of that Act continue to apply to a railway company that has authority to construct and operate a railway under a Special Act and has not been continued under the Canada Business Corporations Act.

• Marginal note:Repeal of certain provisions

  Footnote ^*(2) Sections 264 to 270, 344, 345 and 358 of the Railway Act are repealed on a day to be fixed by order of the Governor in Council.

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• Marginal note:Interpretation

  (3) For the purpose of applying the provisions mentioned in subsection (2) after this section comes into force,

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  • (b) a reference in those provisions to a “railway, telegraph, telephone and express company”, a “railway or express company” or a “carrier by water” shall be interpreted as a reference to a railway company, as defined in section 87 of this Act; and

  • (c) the reference to section 64 of the National Transportation Act, 1987 in the definition claim period in subsection 270(1) of the Railway Act shall be interpreted as a reference to section 40 of this Act.

Marginal note:Governor in Council may prevent disruptions

• 47 (1) Where the Governor in Council is of the opinion that

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  • (b) failure to act under this section would be contrary to the interests of users and operators of the national transportation system, and

  • (c) there are no other provisions in this Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the actual or anticipated damage caused by the disruption,

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• Marginal note:Minister may consult affected persons

  (2) Before recommending that an order be made under this section, the Minister may consult with any person who the Minister considers may be affected by the order.

• Marginal note:Order is temporary

  (3) An order made under this section shall have effect for no more than ninety days after the order is made.

• Marginal note:Order to be tabled in Parliament

  (4) The Minister shall cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made.

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• Marginal note:Resolution of Parliament revoking order

  (6) Where a resolution directing that an order made under this section be revoked is adopted by both Houses of Parliament before the expiration of thirty sitting days of Parliament after the order is laid before both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day.

• Marginal note:Competition Act

  (7) Notwithstanding subsection 4(2), this section and anything done under the authority of this section prevail over the Competition Act.

• Marginal note:Offence

  (8) Every person who contravenes an order made under this section is guilty of an offence and liable on summary conviction

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Marginal note:Regulations re information

• 50 (1) The Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, when and in the form and manner that the regulations may specify, for the purposes of

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  • (b) reporting under section 52;

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  • (f) the administration of this Act.

• Marginal note:Efficiency of system

  (1.001) The Governor in Council may make regulations requiring any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament and any users, other than passengers, of the national transportation system to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system, when and in the form and manner that the regulations may specify, for the purposes of ensuring the proper functioning of the national transportation system or increasing its efficiency.

• Marginal note:Class 1 rail carrier

  (1.01) The Governor in Council may make regulations requiring any class 1 rail carrier or class of those carriers to provide information, other than personal information as defined in section 3 of the Privacy Act, to the Minister or Agency, when and in the form and manner that the regulations may specify, for the purposes of

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• (1.1) The persons for the purposes of subsection (1) are

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  • (c) providers of services in relation to transportation, including

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    • (ii) NAV CANADA, a corporation incorporated on May 26, 1995 under Part II of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, and

    • (iii) Pilotage Authorities named in the schedule to the Pilotage Act;

• Marginal note:Information to be provided

  (2) Information that is required to be provided under this section may include the following:

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• Marginal note:Restriction

  (3) No regulation made under subsection (1) or (1.001) shall require or have the effect of requiring any person to provide the Minister, a person designated under section 6.11, any persons referred to in subsection (1.1) who are subject to the legislative authority of Parliament or any users, other than passengers, of the national transportation system with a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 53 of the Canada Marine Act.

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• Marginal note:Exemptions

  (4) The Minister may exempt a carrier or transportation undertaking from the application of all or any part of a regulation made under this section if the Minister is satisfied that it is not practicable for the carrier or transportation undertaking to provide the information.

• Marginal note:Consultations

  (5) The Minister may consult with the Agency or Statistics Canada before making any regulation under this section.

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Marginal note:Agency’s report

• 42 (1) Each year the Agency shall, before the end of July, make a report on its activities for the preceding year and submit it, through the Minister, to the Governor in Council describing briefly, in respect of that year,

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  • (b) the findings of the Agency in regard to any matter or thing respecting which the Agency has acted on the request of the Minister.

• (2) The Agency shall include in every report referred to in subsection (1)

  • (a) the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act;

  • (b) in respect of the year to which the report relates, information about, including the number of, the following:

    • (i) inspections conducted under this Act for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections60 to 62 of the Accessible Canada Act,

    • (ii) orders made under section 181.2,

    • (iii) orders, in writing, made under section 26 that require any person to do or to refrain from doing any thing that they are or may be required to do or are prohibited from doing under any provision of regulations made under subsection 170(1) or any of sections60 to 62 of the Accessible Canada Act,

    • (iv) notices of violation issued under section 180 that identify a violation referred to in subsection 177(3), and

    • (v) inquiries made under any of sections 172, 172.1 and 172.3;

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• Marginal note:Tabling of report

  (3) The Minister shall have a copy of each report made under this section laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.

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