Transportation Modernization Act (S.C. 2018, c. 10)
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Assented to 2018-05-23
R.S., c. 32 (4th Supp.)Railway Safety Act (continued)
63 Section 28 of the Act is amended by adding the following after subsection (1):
Marginal note:Communication authorized
(1.1) A company is authorized to communicate to a railway safety inspector the information that it recorded, collected or preserved under subsection 17.31(1) and that is contained in a document that the railway safety inspector requires it to produce under paragraph (1)(a.1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.
Marginal note:2012, c. 7, s. 30
64 Section 36 of the Act is renumbered as subsection 36(1) and is amended by adding the following:
Marginal note:Communication authorized
(2) A company is authorized to communicate to the Minister the information that it recorded, collected or preserved under subsection 17.31(1) and that the Minister orders it to provide under subsection (1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.
Marginal note:1999, c. 9, s. 31
65 (1) Paragraph 41(2)(a) of the Act is replaced by the following:
(a) a regulation made under subsection 7(1) or section 7.1, 17.95, 18, 24, 37, 47 or 47.1;
Marginal note:2012, c. 7, s. 32(2)
(2) Paragraph 41(2)(h) of the Act is replaced by the following:
(h) an order made under subsection 36(1).
Marginal note:2012, c. 7, s. 35
66 Paragraph 46(h) of the Act is replaced by the following:
(h) orders made under subsection 36(1).
1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act
Marginal note:1998, c. 20, s. 17(2)
67 (1) Subsection 28(4) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following:
Marginal note:Use by Board
(4) The Board may make any use of any on-board recording obtained under this Act that it considers necessary in the interests of transportation safety, but, subject to subsections (5) and (5.1), shall not knowingly communicate or permit to be communicated to anyone any portion of the recording that is unrelated to the causes or contributing factors of the transportation occurrence under investigation or to the identification of safety deficiencies.
(2) Section 28 of the Act is amended by adding the following after subsection (5):
Marginal note:Power to provide access to certain persons
(5.1) In the case of a transportation occurrence that is required to be reported under this Act to the Board and that is investigated under this Act, the Board may make an on-board recording related to the occurrence available to a person who is expressly authorized under the Aeronautics Act, the National Energy Board Act, the Railway Safety Act or the Canada Shipping Act, 2001 to use or communicate it and, if the Board does so, the person may only use or communicate it in accordance with the express authorization.
Marginal note:Authorization under another Act
(5.2) Nothing in this section prevents the use or communication of an on-board recording if that use or communication is expressly authorized under the Aeronautics Act, the National Energy Board Act, the Railway Safety Act or the Canada Shipping Act, 2001 and
(a) there has been no transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates; or
(b) there has been a transportation occurrence that is required to be reported under this Act to the Board that involves the means of transportation to which the recording relates but that is not investigated under this Act.
2002, c. 9, s. 2Canadian Air Transport Security Authority Act
68 Subsection 6(1) of the Canadian Air Transport Security Authority Act is replaced by the following:
Marginal note:Mandate
6 (1) The Authority’s mandate is to take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport.
Marginal note:Restricted areas
(1.1) For the purposes of subsection (1), a restricted area is an area designated as a restricted area under the Aeronautics Act at an aerodrome designated by the regulations or at any other place, including any other aerodrome, designated by the Minister.
69 The Act is amended by adding the following after section 30:
Marginal note:Agreement — screening
30.1 (1) The Authority may, with the Minister’s approval and subject to any terms and conditions that the Minister may establish, enter into an agreement respecting the delivery of screening referred to in subsection 6(1) with any person who requests the delivery of such screening.
Marginal note:Mandate
(2) For greater certainty, the Authority’s mandate under subsection 6(1) includes any screening it delivers, either directly or through a screening contractor, under an agreement entered into under subsection (1).
Marginal note:Cost recovery
(3) Despite subsection (2), if the Authority delivers screening for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the delivery of that screening is deemed, for the purposes of recovering that amount, not to be a duty of the Authority under this Act.
1992, c. 31Coasting Trade Act
70 (1) Subsections 3(2.1) and (2.2) of the Coasting Trade Act are replaced by the following:
Marginal note:Repositioning of empty containers
(2.1) Subsection (1) does not apply in respect of carriage between one place in Canada and another, without consideration, of empty containers that are owned or leased by the ship’s owner and of any ancillary equipment that is necessary to ensure the safety, security, containment and preservation of the goods that may be carried in those containers.
Marginal note:Dredging activities
(2.2) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity which is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA — carried out by any of the following ships:
(a) a non-duty paid ship whose owner is a Canadian entity or an EU entity;
(b) a foreign ship that is registered in the first, or domestic, register of a member state of the European Union and whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control;
(c) a foreign ship that is registered in a second, or international, register of a member state of the European Union and whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control; and
(d) a foreign ship that is registered in a register other than the Canadian Register of Vessels or a register referred to in paragraph (b) or (c), and whose owner is a Canadian entity or an EU entity.
(2) Paragraph 3(2.3)(a) of the Act is replaced by the following:
Marginal note:
(a) the carriage of goods by a ship that is described in paragraph (2.2)(b), from the port of Halifax — where the goods are loaded — to the port of Montreal, or vice versa, if that carriage is one leg of the importation of the goods into Canada; or
(3) The portion of subsection 3(2.4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Feeder services — single trip
(2.4) Subject to subsection (2.5), subsection (1) does not apply in respect of the carriage, by a ship that is described in paragraph (2.2)(c), of goods in a container from the port of Montreal to the port of Halifax, or vice versa, if
(4) Subsection 3(2.6) of the Act is replaced by the following:
Marginal note:Provision of information
(2.6) Before a ship engages, without a licence, in any activities referred to in subsections (2.2) to (2.4) and for which the owner of the ship intends to rely on an exemption under any one of those subsections, the owner shall provide information to an enforcement officer, in the form and manner specified by the Minister, establishing that the ship meets the applicable conditions under any of paragraphs (2.2)(a) to (d).
(5) The portion of subsection 3(7) of the Act before paragraph (a) is replaced by the following:
Marginal note:Control
(7) For the purposes of paragraphs (2.2)(b) and (c), an entity is under Canadian or European control
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