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

Marginal note:Entering into compliance agreements

• 180.62 (1) After considering a request made under paragraph 180.1(3)(c), the Agency may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms that the Agency considers appropriate. The terms may

  • (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Agency, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the amount of the penalty.

• Marginal note:Deeming

  (2) A person who enters into a compliance agreement is, on doing so, deemed to have committed the contravention in respect of which the compliance agreement was entered into.

• Marginal note:Notice of compliance

  (3) If the Agency is satisfied that a person who has entered into a compliance agreement has complied with it, the Agency shall cause a notice of compliance to be provided to the person and, once it is provided,

  • (a) no further proceedings under this Part shall be taken against the person in respect of the contravention; and

  • (b) any security given under the compliance agreement shall be returned to them.

• Marginal note:Notice of default

  (4) If the Agency is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Agency shall cause a notice of default to be served on the person informing them of one of the following:

  • (a) that instead of being liable to pay the amount of the penalty specified in the notice of violation in respect of which the compliance agreement was entered into, they are liable to pay, within the time and in the manner set out in the notice of default and without taking account of the limit set out in subsection 177(3), an amount that is twice the amount of that penalty;

  • (b) that the security, if any, given under the compliance agreement is forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) Once a person is served with a notice of default,

  • (a) if the notice provides that the person is liable to pay the amount specified in the notice, the person may not deduct from that amount any amount they spent under the compliance agreement and they are liable to pay the amount specified in the notice within the time and in the manner set out in it; and

  • (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Effect of payment

  (6) If the person pays the amount specified in the notice of default within the time and in the manner set out in it, the Agency shall accept the amount in complete satisfaction of the amount owing in respect of the contravention and no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Delegation

  (7) The Agency may delegate its powers under subsection (1) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (8) Each person to whom powers are delegated under subsection (7) must be provided with a certificate of delegation in a form established by the Agency.

Marginal note:Refusal to enter compliance agreement

• 180.63 (1) If the Agency refuses to enter into a compliance agreement requested under paragraph 180.1(3)(c), the person who made the request is liable to pay, in the manner specified in the notice of violation and within the time specified in it or any longer period specified by the Agency, the amount of the penalty specified in the notice of violation.

• Marginal note:Effect of payment

  (2) If the person pays the amount specified in the notice of violation,

  • (a) they are deemed to have committed the contravention in respect of which the amount is paid;

  • (b) the Agency shall accept the amount in complete satisfaction of the amount of the penalty; and

  • (c) no further proceedings under this Part shall be taken against the person in respect of the contravention.

• Marginal note:Deeming

  (3) If the person does not pay the amount specified in the notice of violation within the time and in the manner set out in subsection (1), they are deemed to have committed the contravention alleged in the notice of violation.

Marginal note:Certificate

• 180.64 (1) If a person to whom subsection 180.1(1) applies neither pays the amount of the penalty specified in the notice of violation in accordance with the particulars set out in the notice nor files a request for a review under subsection 180.3(1), the person is deemed to have committed the contravention alleged in the notice of violation and the Minister may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

• Marginal note:Subsection 170(1) or Accessible Canada Act

  (2) If a person to whom subsection 180.1(3) applies does not pay the amount of the penalty — or the lesser amount — specified in the notice of violation in accordance with the particulars set out in it, file a request for a review under subsection 180.3(1) or make a request to enter into a compliance agreement under paragraph 180.1(3)(c), the person is deemed to have committed the contravention alleged in the notice of violation and the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

• Marginal note:Notice of default

  (3) If a person who has been served with a notice of default under subsection 180.62(4) that specifies an amount does not pay the amount within the time and in the manner set out in the notice, the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount specified in that notice.

• Marginal note:Refusal to enter into compliance agreement

  (4) If the Agency refuses a person’s request under paragraph 180.1(3)(c) to enter into a compliance agreement, and the person does not pay the amount of the penalty specified in the notice of violation within the time and in the manner required by subsection 180.63(1), the Agency may obtain from the Tribunal a certificate in the form that may be established by the Governor in Council that indicates the amount of the penalty specified in that notice.

Marginal note:Registration of certificate

• 180.7 (1) If the time limit for the payment of the amount of a penalty specified in a notice of violation has expired, the time limit for the payment of an amount specified in a notice of default has expired, the time limit specified for payment of an amount under subsection 180.63(1) has expired, the time limit for the request for a review has expired, the time limit for an appeal has expired, or an appeal has been disposed of, as the case may be, on production in any superior court, a certificate issued under paragraph 180.5(b), subsection 180.6(4) or section 180.64 shall be registered in the court. When it is registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.

• Marginal note:Recovery of costs and charges

  (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).

• Marginal note:Amounts received deemed public moneys

  (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Marginal note:References to “Minister”

• 180.8 (1) In the case of a violation referred to in subsection 177(1) or (3), every reference to the “Minister” in sections 180.3 to 180.7 shall be read as a reference to the Agency or to a person designated by the Agency.

• Marginal note:Delegation by Minister

  (2) In the case of a violation referred to in subsection 177(2), (2.01) or (2.2), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.

Marginal note:Time limit for proceedings

181 Proceedings in respect of a violation may be instituted not later than twelve months after the time when the subject-matter of the proceedings arose.

Marginal note:Publication

181.1 The Agency may publish information about any violation referred to in section 177, for the purpose of encouraging compliance with this Act and sections 60 to 62 of the Accessible Canada Act.

Production Order

Marginal note:Power to order production

• 181.2 (1) The Agency may, by order, 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 sections 60 to 62 of the Accessible Canada Act, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose.

• Marginal note:Copies

  (2) The Agency may

  • (a) make copies or take extracts from any record, report, electronic data or other document produced under an order made under subsection (1); and

  • (b) reproduce any document from electronic data referred to in paragraph (a), or cause it to be reproduced, in the form of a printout or other output.

• Marginal note:Delegation

  (3) The Agency may delegate its powers under subsections (1) and (2) to any person, subject to any restrictions or limitations that it may specify.

• Marginal note:Certificate of delegation

  (4) Each person to whom powers are delegated under subsection (3) must be provided with a certificate of delegation in a form established by the Agency.

PART VIIRepeals, Transitional Provisions, Consequential and Conditional Amendments and Coming into Force

Repeals

182 to 184 [Repeals]

Marginal note:Repeal of R.S., c. R-3

• 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.

  • Return to footnote ^*[Note: Repeal in force July 1, 1996, see SI/96-54.]

• Marginal note:Interpretation

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

  • (a) a reference in those provisions to the “Agency” shall be interpreted as a reference to the Canadian Transportation Agency;

  • (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.

Transitional Provisions

Definition of National Transportation Agency

186 For the purposes of sections 187 to 199, National Transportation Agency means the National Transportation Agency established by the National Transportation Act, 1987.

Marginal note:Powers, duties and functions

187 Wherever under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the National Transportation Agency, the power, duty or function is vested in or exercisable by the Canadian Transportation Agency.

Marginal note:Appropriations

188 Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the National Transportation Agency and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Canadian Transportation Agency.

Marginal note:Employment continued

• 189 (1) Nothing in this Act shall be construed to affect the status of an employee who, immediately before the coming into force of this subsection, occupied a position under the authority of the National Transportation Agency, except that each of those persons shall, on the coming into force of this section, occupy their position under the authority of the Canadian Transportation Agency.

• Definition of employee

  (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:References

190 Every reference to the National Transportation Agency in any deed, contract, agreement or other document executed by the National Transportation Agency shall, unless the context otherwise requires, be read as a reference to the Canadian Transportation Agency.

Marginal note:Rights and obligations

191 All rights and property of the National Transportation Agency and of Her Majesty in right of Canada that are under the administration and control of the National Transportation Agency and all obligations of the National Transportation Agency are transferred to the Canadian Transportation Agency.