Transportation Modernization Act (S.C. 2018, c. 10)
Full Document:
- HTMLFull Document: Transportation Modernization Act (Accessibility Buttons available) |
- PDFFull Document: Transportation Modernization Act [912 KB]
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
71 Paragraphs 5.1(1)(a) and (b) of the Act are replaced by the following:
(a) for an application made on behalf of a ship described in paragraph 3(2.2)(a), paragraph 5(a); and
(b) for an application made on behalf of a ship described in paragraph 3(2.2)(b) or (c), paragraph 4(1)(a).
72 Paragraph 7(b) of the Act is replaced by the following:
(b) indicate, for the purpose of paragraph 3(2.2)(c), the registers that are second, or international, registers of member states of the European Union; and
1998, c. 10Canada Marine Act
73 Paragraph 25(a) of the Canada Marine Act is amended by adding the following after subparagraph (i):
(i.1) is a loan made by the Canada Infrastructure Bank under the Canada Infrastructure Bank Act,
74 The Act is amended by adding the following after section 26:
Marginal note:Canada Infrastructure Bank
26.1 Section 26 does not apply with respect to a loan guarantee provided by the Canada Infrastructure Bank on behalf of the government of Canada under paragraph 18(h) of the Canada Infrastructure Bank Act.
Transitional Provisions
Marginal note:Definition of Act
75 (1) In this section and in sections 76 to 81, Act means the Canada Transportation Act.
Marginal note:Words and expressions
(2) Unless the context otherwise requires, words and expressions used in sections 76 to 81 have the same meaning as in the Act.
Marginal note:Information — long-haul interswitching rate
76 (1) This section applies until the first regulation made under paragraph 50(1.01)(a) of the Act comes into force.
Marginal note:Provision of information
(2) A class 1 rail carrier shall provide to the Minister, in the form and manner that the Minister may specify, a report indicating the following information with respect to any traffic that is moved by a railway car:
(a) the name of the shipper;
(b) the name of the owner of the railway car;
(c) the letters and number that identify the railway car;
(d) an indication as to whether the railway car moves in a block that receives an incentive and if it is, the number of railway cars moved together as the block for which the incentive is received;
(e) an indication as to whether the railway car transports traffic that is, based on the rail origin, transferred from a truck or vessel, as defined in section 2 of the Canada Shipping Act, 2001, or, based on the rail destination, transferred to a truck or vessel;
(f) the date and time at which the movement of the railway car begins and ends;
(g) the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province or state in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;
(h) the standard transportation commodity code, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;
(i) if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the Association of American Railroads, Bureau of Explosives;
(j) an indication as to whether the rate that applies in respect of the movement of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;
(k) an indication as to whether a long‑haul interswitching rate applies in respect of the movement of the traffic;
(l) an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the movement of the traffic, and if so, the volume in respect of which the undertaking was made;
(m) the gross waybill revenue earned for the railway car and the number of miles in respect of which the revenue is derived;
(n) the portion of the gross waybill revenue earned by the class 1 rail carrier for the railway car and the number of miles in respect of which the portion is derived;
(o) the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the railway car for the portion of the movement in Canada and the number of miles in respect of which the portion is derived;
(p) the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);
(q) an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;
(r) each type of train that the railway car is part of;
(s) the alphanumeric identification code of each train that the railway car is part of; and
(t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement of the railway car begins and ends and the distance travelled by the railway car.
Marginal note:Time limit
(3) The class 1 rail carrier shall provide the information described in subsection (2) on a monthly basis, no later than the last day of the month following the month to which the information relates.
Marginal note:First report
(4) No later than the last day of the month following the month in which this section comes into force, the class 1 rail carrier shall provide to the Minister a report described in subsection (2) for each month in the period that begins August 1, 2016 and that ends on the last day of the month in which this section comes into force.
Marginal note:Deeming
(5) Information provided to the Minister under subsection (2) is deemed to be information required by regulations made under paragraph 50(1.01)(a) of the Act.
Page Details
- Date modified: