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

Act current to 2019-08-28 and last amended on 2019-07-11. Previous Versions

PART IAdministration (continued)

Minister (continued)

Transportation Information (continued)

Marginal note:Confidentiality of information

  •  (1) Except as otherwise specifically provided in this Act or any other Act of Parliament, information required to be provided to the Minister pursuant to this Act is, when it is received by the Minister, confidential and must not knowingly be disclosed or made available by any person without the authorization of the person who provided the information or documentation, except for the purposes of a prosecution of a contravention of section 173.

  • Marginal note:Communication of information

    (2) Subsection (1) does not apply so as to prohibit

    • (a) the communication of information to the Agency, the Administrator of the Fund appointed under section 153.7, Statistics Canada or a minister of the Crown in right of Canada, the agent of that minister or an officer or employee of, or adviser to, Her Majesty in right of Canada for the purposes of the administration of this Act or any other Act of Parliament or for the purposes of the development of policies;

    • (b) the communication of information to persons referred to in paragraph 50(1.1)(c) that is necessary for them to carry out their duties and functions;

    • (c) the communication of information, including to the public, in an aggregated form that prevents information obtained from an identifiable person from being related to that person;

    • (d) the communication of information by the Minister for the purpose of monitoring the grain transportation and handling system; or

    • (e) the communication of information that is available to, or ascertainable by, the public.

  • Marginal note:Terms and conditions

    (2.1) The Minister may, with the approval of the Governor in Council, make regulations respecting the terms and conditions for the communication of information referred to in subsection (2).

  • Marginal note:Safe and secure procedures

    (3) The Minister shall ensure that the procedures and physical measures taken to ensure the confidentiality of information provided to the Minister pursuant to this Act, including the keeping of electronic data, are safe and secure.

  • Marginal note:Requirement for other persons to maintain confidentiality

    (4) Any person who receives information from the Minister that is confidential under this Act shall not knowingly disclose that information and shall take the measures necessary to maintain its confidentiality.

  • 1996, c. 10, s. 51
  • 2000, c. 16, s. 2
  • 2007, c. 19, s. 10
  • 2018, c. 10, s. 12

Marginal note:Publication

 Despite subsection 51(1), the Minister may make the information referred to in paragraph 50(2)(d) public.

  • 2018, c. 10, s. 13

Marginal note:Confidentiality of information — Agency

 Information that is required to be provided to the Agency in accordance with regulations made under paragraph 50(1.01)(a) is, when it is received by the Agency, confidential and shall not knowingly be disclosed or made available by any person without the authorization of the person who provided the information, except for the purpose of a prosecution of a contravention of section 173.

  • 2018, c. 10, s. 13

Marginal note:Use of information

 Information that is provided to the Minister or the Agency in accordance with regulations made under paragraph 50(1.01)(a) is only to be used by the Agency for the purpose of determining the long-haul interswitching rate referred to in paragraph 134(1)(a) and, despite subsection 51(4) and section 51.2, the Agency may, for that purpose, communicate the information in an aggregated form.

  • 2018, c. 10, s. 13

Marginal note:Publication

  •  (1) If the Agency receives information from class 1 rail carriers or the Minister that is related to service and performance indicators provided in accordance with regulations made under paragraph 50(1.01)(b), the Agency shall publish the information on its Internet site within two days after it is received.

  • Marginal note:Information received from Minister

    (2) Subsection 51(4) does not apply to the publication, in accordance with subsection (1), of information that is received from the Minister.

  • 2018, c. 10, s. 13

Industry Review

Marginal note:Industry overview

  •  (1) Each year before the end of May, the Minister shall, using the most current information available, prepare and lay before both Houses of Parliament a report providing a brief overview of the state of transportation in Canada.

  • Marginal note:Industry review

    (2) Every five years, the report referred to in subsection (1) shall be expanded to a comprehensive review of the state of transportation in Canada which shall include

    • (a) the financial performance of each mode of transportation and its contribution to the Canadian economy;

    • (b) the extent to which carriers and modes of transportation were provided resources, facilities and services at public expense;

    • (c) the extent to which carriers and modes of transportation received compensation, indirectly and directly, for the resources, facilities and services that were required to be provided as an imposed public duty;

    • (c.1) the long term outlook and trends in transportation in Canada; and

    • (d) any other transportation matters that the Minister considers appropriate.

  • 1996, c. 10, s. 52
  • 2007, c. 19, s. 11

Review of Act

Marginal note:Statutory review

  •  (1) The Minister shall, no later than eight years after the day this subsection comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act and any other Act of Parliament for which the Minister is responsible that pertains to the economic regulation of a mode of transportation or to transportation activities under the legislative authority of Parliament.

  • Marginal note:Objective of review

    (2) The person or persons conducting the review shall assess whether the legislation referred to in subsection (1) provides Canadians with a transportation system that is consistent with the national transportation policy set out in section 5 and, if necessary or desirable, may recommend amendments to

    • (a) the national transportation policy; and

    • (b) the legislation referred to in subsection (1).

  • Marginal note:Consultations

    (3) The review shall be undertaken in consultation with purchasers and suppliers of transportation services and any other persons whom the Minister considers appropriate.

  • Marginal note:Powers on review

    (4) Every person appointed to carry out the review has, for the purposes of the review, the powers of a commissioner under Part I of the Inquiries Act and may engage the services of experts, professionals and other staff deemed necessary for making the review at the rates of remuneration that the Treasury Board approves.

  • Marginal note:Report

    (5) The review shall be completed and a report of the review submitted to the Minister within 18 months after the appointment referred to in subsection (1).

  • Marginal note:Tabling of report

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

  • 1996, c. 10, s. 53
  • 2007, c. 19, s. 12

Review of Mergers and Acquisitions

Marginal note:Notice

  •  (1) Every person who is required to notify the Commissioner of Competition under subsection 114(1) of the Competition Act of a proposed transaction that involves a transportation undertaking shall, at the same time as the Commissioner is notified and, in any event, not later than the date by which the person is required to notify the Commissioner,

    • (a) give notice of the proposed transaction to the Minister; and

    • (b) in the case of a proposed transaction that involves an air transportation undertaking, also give notice of the transaction to the Agency.

  • Marginal note:Information

    (2) A notice given to the Minister or to the Agency shall, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice shall also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that shall be issued and published by the Minister. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

  • Marginal note:Guidelines

    (2.1) The guidelines referred to in subsection (2) shall be elaborated in consultation with the Competition Bureau and shall include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation.

  • Marginal note:Not statutory instruments

    (3) The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

  • Marginal note:No public interest issues

    (4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister shall, within 42 days after a person gives notice under subsection (1), give notice of the opinion to that person, in which case sections 53.2 and 53.3 do not apply in respect of that transaction.

  • Marginal note:Public interest issues

    (5) If the Minister is of the opinion that the proposed transaction raises issues with respect to the public interest as it relates to national transportation, the Minister may direct the Agency to examine those issues under section 49 or appoint and direct any person to examine those issues under section 7.1 of the Department of Transport Act.

  • Marginal note:Report

    (6) The Agency or person, as the case may be, shall report to the Minister within 150 days after being directed under subsection (5), or within any longer period that the Minister may allow.

  • 2007, c. 19, s. 13
 
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