Transportation Modernization Act (S.C. 2018, c. 10)
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Assented to 2018-05-23
1996, c. 10Canada Transportation Act (continued)
Marginal note:2001, c. 27, s. 222
15 The definition Canadian in subsection 55(1) of the Act is replaced by the following:
- Canadian
Canadian means
(a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act,
(b) a government in Canada or an agent or mandatary of such a government, or
(c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51% of the voting interests are owned and controlled by Canadians and where
(i) no more than 25% of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person, and
(ii) no more than 25% of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person; (Canadien)
16 Subsection 56(2) of the Act is replaced by the following:
Marginal note:Specialty service exclusion
(2) This Part does not apply to the operation of specialty services provided by aircraft, including firefighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, helicopter-lift for logging and construction, airborne agricultural, industrial and inspection services or any other prescribed service provided by aircraft.
17 The Act is amended by adding the following after section 67.2:
Marginal note:Person affected
67.3 Despite sections 67.1 and 67.2, a complaint against the holder of a domestic license related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1) may only be filed by a person adversely affected.
Marginal note:Applying decision to other passengers
67.4 The Agency may, to the extent that it considers it appropriate, make applicable to some or to all passengers of the same flight as the complainant all or part of its decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b).
Marginal note:2000, c. 15, s. 8
18 (1) The portion of paragraph 86(1)(h) of the English version of the Act before subparagraph (i) is replaced by the following:
(h) respecting traffic and tariffs, fares, rates, charges and terms and conditions of carriage for international service, including
Marginal note:2007, c. 19, s. 26(1)
(2) Subparagraph 86(1)(h)(iii) of the Act is replaced by the following:
(iii) authorizing the Agency to direct a licensee or carrier to take the corrective measures that the Agency considers appropriate and to pay compensation for any expense incurred by a person adversely affected by the licensee’s or carrier’s failure to apply the fares, rates, charges or terms or conditions of carriage that are applicable to the service it offers and that were set out in its tariffs, if the Agency receives a written complaint and, if the complaint is related to any term or condition of carriage concerning any obligation prescribed by regulations made under subsection 86.11(1), it is filed by the person adversely affected,
(iii.1) authorizing the Agency to make applicable, to some or to all passengers of the same flight as the complainant, all or part of the Agency’s decision respecting a complaint related to any term or condition of carriage concerning any obligation prescribed by regulations made under paragraph 86.11(1)(b), to the extent that it considers appropriate, and
19 The Act is amended by adding the following after section 86.1:
Marginal note:Regulations — carrier’s obligations towards passengers
86.11 (1) The Agency shall, after consulting with the Minister, make regulations in relation to flights to, from and within Canada, including connecting flights,
(a) respecting the carrier’s obligation to make terms and conditions of carriage and information regarding any recourse available against the carrier, as specified in the regulations, readily available to passengers in language that is simple, clear and concise;
(b) respecting the carrier’s obligations in the case of flight delay, flight cancellation or denial of boarding, including
(i) the minimum standards of treatment of passengers that the carrier is required to meet and the minimum compensation the carrier is required to pay for inconvenience when the delay, cancellation or denial of boarding is within the carrier’s control,
(ii) the minimum standards of treatment of passengers that the carrier is required to meet when the delay, cancellation or denial of boarding is within the carrier’s control, but is required for safety purposes, including in situations of mechanical malfunctions,
(iii) the carrier’s obligation to ensure that passengers complete their itinerary when the delay, cancellation or denial of boarding is due to situations outside the carrier’s control, such as natural phenomena and security events, and
(iv) the carrier’s obligation to provide timely information and assistance to passengers;
(c) prescribing the minimum compensation for lost or damaged baggage that the carrier is required to pay;
(d) respecting the carrier’s obligation to facilitate the assignment of seats to children under the age of 14 years in close proximity to a parent, guardian or tutor at no additional cost and to make the carrier’s terms and conditions and practices in this respect readily available to passengers;
(e) requiring the carrier to establish terms and conditions of carriage with regard to the transportation of musical instruments;
(f) respecting the carrier’s obligations in the case of tarmac delays over three hours, including the obligation to provide timely information and assistance to passengers, as well as the minimum standards of treatment of passengers that the carrier is required to meet; and
(g) respecting any of the carrier’s other obligations that the Minister may issue directions on under subsection (2).
Marginal note:Ministerial directions
(2) The Minister may issue directions to the Agency to make a regulation under paragraph (1)(g) respecting any of the carrier’s other obligations towards passengers. The Agency shall comply with these directions.
Marginal note:Restriction
(3) A person shall not receive compensation from a carrier under regulations made under subsection (1) if that person has already received compensation for the same event under a different passenger rights regime than the one provided for under this Act.
Marginal note:Obligations deemed to be in tariffs
(4) The carrier’s obligations established by a regulation made under subsection (1) are deemed to form part of the terms and conditions set out in the carrier’s tariffs in so far as the carrier’s tariffs do not provide more advantageous terms and conditions of carriage than those obligations.
20 (1) The definitions point of destination and point of origin in section 87 of the Act are replaced by the following:
- point of destination
point of destination means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred from the line of a railway company to a line to which this Part does not apply; (point de destination)
- point of origin
point of origin means, with respect to traffic on a railway line that is subject to a transfer described in subsection 128(4) or section 131, the point where the traffic is transferred to the line of a railway company from a line to which this Part does not apply; (point d’origine)
(2) Section 87 of the Act is amended by adding the following in alphabetical order:
- Quebec–Windsor corridor
Quebec–Windsor corridor means the area of Canada that is bounded
(a) to the east by longitude 70.50° W,
(b) to the north by a straight line connecting a first point located at latitude 47.45° N and longitude 70.50° W to a second point located at latitude 43.70° N and longitude 83.25° W,
(c) to the west by longitude 83.25° W, and
(d) to the south by the Canada-United States border; (axe Québec-Windsor)
- Vancouver–Kamloops corridor
Vancouver–Kamloops corridor means the area of Canada that is bounded
(a) to the east by longitude 121.21° W,
(b) to the north by latitude 50.83° N,
(c) to the west by longitude 128.45° W, and
(d) to the south by the Canada-United States border. (axe Vancouver-Kamloops)
Marginal note:2007, c. 19, ss. 33 and 34
21 The heading before section 106 and sections 106 to 110 of the Act are repealed.
22 (1) The definition competitive line rate in section 111 of the Act is repealed.
(2) The definitions connecting carrier, interswitch and local carrier in section 111 of the Act are replaced by the following:
- connecting carrier
connecting carrier means a railway company, other than a local carrier, that moves traffic to or from an interchange over a portion of a continuous route; (transporteur de liaison)
- interswitch
interswitch means to transfer traffic from the lines of one railway company to the lines of another railway company; (interconnexion)
- local carrier
local carrier means a class 1 rail carrier that moves traffic to or from an interchange on a continuous route from the point of origin or to the point of destination that is served exclusively by the class 1 rail carrier; (transporteur local)
(3) The definition interswitching rate in section 111 of the English version of the Act is replaced by the following:
- interswitching rate
interswitching rate means a rate determined by the Agency in accordance with section 127.1; (Version anglaise seulement)
(4) Section 111 of the English version of the Act is amended by adding the following in alphabetical order:
- long-haul interswitching rate
long-haul interswitching rate means a rate determined by the Agency in accordance with paragraph 134(1)(a); (Version anglaise seulement)
23 (1) Paragraph 116(1)(b) of the Act is replaced by the following:
Marginal note:
(b) within 90 days after receipt of the complaint, determine whether the company is fulfilling that obligation.
(2) Section 116 of the Act is amended by adding the following after subsection (1):
Marginal note:Time limits
(1.1) For the purpose of an investigation conducted under subsection (1), the Agency shall allow a company at least 20 days to file an answer and at least 10 days for a complainant to file a reply.
Marginal note:Agency’s own motion
(1.11) The Agency may, with the authorization of the Minister and subject to any terms and conditions that the Minister considers appropriate, of its own motion, conduct an investigation to determine whether a railway company is fulfilling its service obligations. The Agency shall conduct the investigation as expeditiously as possible and make its determination within 90 days after the investigation begins.
Marginal note:Considerations
(1.2) The Agency shall determine that a company is fulfilling its service obligations if it is satisfied that the company provides the highest level of service in respect of those obligations that it can reasonably provide in the circumstances, having regard to the following considerations:
(a) the traffic to which the service obligations relate;
(b) the reasonableness of the shipper’s requests with respect to the traffic;
(c) the service that the shipper requires with respect to the traffic;
(d) any undertaking with respect to the traffic given by the shipper to the company;
(e) the company’s and the shipper’s operational requirements and restrictions;
(f) the company’s obligations, if any, with respect to a public passenger service provider;
(g) the company’s obligations in respect of the operation of the railway under this Act;
(h) the company’s contingency plans to allow it to fulfil its service obligations when faced with foreseeable or cyclical events; and
(i) any information that the Agency considers relevant.
(3) Subsection 116(3) of the Act is replaced by the following:
Marginal note:Long-haul interswitching order binding on Agency
(3) If a long-haul interwitching order has been made under subsection 134(1), the terms established by the order that are related to the manner in which the local carrier is to fulfil its service obligations are binding on the Agency in making its determination.
Marginal note:2014, c. 8, s. 5.1(1)
(4) Paragraph 116(4)(c.1) of the English version of the Act is replaced by the following:
(c.1) order the company to compensate any person adversely affected for any expenses that they incurred as a result of the company’s failure to fulfil its service obligations or, if the company is a party to a confidential contract with a shipper that requires the company to pay an amount of compensation for expenses incurred by the shipper as a result of the company’s failure to fulfil its service obligations, order the company to pay that amount to the shipper;
(5) Subsection 116(6) of the Act is replaced by the following:
Marginal note:Right of action not limited
(5.1) If an arbitrator’s decision made under section 169.37 includes a term with respect to an amount described in paragraph 169.31(1)(c.1), the term does not limit the right to claim an amount of compensation in an action under subsection (5).
Marginal note:Company not relieved
(6) Subject to the terms of a confidential contract referred to in subsection 113(4) or a tariff that sets out, in accordance with subsection 136.4(1), terms established in a long-haul interswitching order, a company is not relieved from an action taken under subsection (5) by any notice, condition or declaration if the damage claimed in the action arises from any negligence or omission of the company or any of its employees.
24 Subsections 117(3) and (4) of the Act are replaced by the following:
Marginal note:Accessibility of tariff
(3) The railway company shall make the tariff accessible to the public by publishing it on its Internet site.
25 (1) Paragraphs 126(1)(d) and (e) of the Act are replaced by the following:
(d) the manner in which the company is to fulfil its service obligations under section 113; and
(e) any conditions relating to the traffic to be moved by the company, including any amount to be paid by the company or the shipper in relation to a failure to comply with any condition related to the service obligations referred to in paragraph (d).
Marginal note:2013, c. 31, s. 8(1)
(2) Subsection 126(1.1) of the Act is replaced by the following:
Marginal note:Request for confidential contract
(1.1) A shipper may request that a railway company make it an offer to enter into a contract under subsection (1) with the railway company respecting
(a) the manner in which the company is to fulfil its service obligations under section 113; or
(b) any amount to be paid in relation to the company’s or the shipper’s failure to comply with a term related to those service obligations, the purpose of which is to encourage the efficient movement of the shipper’s traffic and the performance of the railway system.
Marginal note:Restriction
(1.11) The shipper may only make a request in respect of an amount described in paragraph (1.1)(b) if the amount relates to a term that is included in the request under subsection (1.1).
Marginal note:2013, c. 31, s. 8(1)
(3) Paragraph 126(1.4)(c) of the Act is replaced by the following:
(c) is set out in a tariff referred to in subsection 136.4(1) or 165(3); or
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