PART IAdministration (continued)
Transportation Information (continued)
Marginal note:Externally produced documents
Marginal note:Type of incorporation by reference
(2) A document may be incorporated by reference either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated document
(3) The Minister must ensure that a document that is incorporated by reference is accessible.
Marginal note:No finding of guilt or administrative sanction
(4) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (3) or it was otherwise accessible to that person.
Marginal note:No registration or publication
(5) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
- 2013, c. 31, s. 4
- 2018, c. 10, s. 10
Marginal note:Existing power not limited
50.02 For greater certainty, an express power in this Act to incorporate by reference does not limit the power that otherwise exists to incorporate by reference in a regulation made under this Act.
- 2013, c. 31, s. 4
Marginal note:Information already provided
50.1 For the purposes of subsection 50(1) or (1.01), if any information referred to in that subsection has already been provided to a department or agency of the Government of Canada, the Minister may request that department or agency to provide the information to the Minister.
- 2007, c. 19, s. 9
- 2018, c. 10, s. 11
Marginal note:Confidentiality of information
51 (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
51.1 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
51.2 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
51.3 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
51.4 (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
Marginal note:Industry overview
52 (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
53 (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
(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.
(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
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