Motor Vehicle Transport Act (R.S.C., 1985, c. 29 (3rd Supp.))

Act current to 2019-06-20 and last amended on 2006-01-01. Previous Versions

Motor Vehicle Transport Act

R.S.C., 1985, c. 29 (3rd Supp.)

An Act respecting motor vehicle transport by extra-provincial undertakings

[1987, c. 35 assented to 28th August, 1987]

Short Title

Marginal note:Short title

 This Act may be cited as the Motor Vehicle Transport Act.

  • R.S., 1985, c. 29 (3rd Supp.), s. 1
  • 2001, c. 13, s. 1

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    extra-provincial bus transport

    extra-provincial bus transport means the transport of passengers or passengers and goods by means of an extra-provincial bus undertaking; (transport extra-provincial par autocar)

    extra-provincial bus undertaking

    extra-provincial bus undertaking means a work or undertaking, for the transport of passengers or passengers and goods by bus, that connects a province with any other or others of the provinces or extends beyond the limits of a province; (entreprise extra-provinciale de transport par autocar)

    extra-provincial motor carrier undertaking

    extra-provincial motor carrier undertaking means an extra-provincial bus undertaking or an extra-provincial truck undertaking; (entreprise extra-provinciale de transport routier)

    extra-provincial truck transport

    extra-provincial truck transport[Repealed, 2001, c. 13, s. 2]

    extra-provincial truck undertaking

    extra-provincial truck undertaking means a work or undertaking, for the transport of goods by motor vehicle other than a bus, that connects a province with any other or others of the provinces or extends beyond the limits of a province; (entreprise de camionnage extra-provinciale)

    law of a province

    law of a province means a law of a province or municipality that provides for the control or regulation of the operation, in the province or municipality, of local bus undertakings or local truck undertakings; (loi d’une province ou loi provinciale)

    local bus transport

    local bus transport means the transport of passengers or passengers and goods by means of a local bus undertaking; (transport local par autocar)

    local bus undertaking

    local bus undertaking means a work or undertaking for the transport of passengers or passengers and goods by bus, not being an extra-provincial bus undertaking; (entreprise locale de transport par autocar)

    local truck transport

    local truck transport[Repealed, 2001, c. 13, s. 2]

    local truck undertaking

    local truck undertaking[Repealed, 2001, c. 13, s. 2]

    Minister

    Minister means the Minister of Transport; (ministre)

    prescribed

    prescribed[Repealed, 2001, c. 13, s. 2]

    provincial authority

    provincial authority means a person or body that has, under the law of a province, authority to control or regulate motor carrier undertakings that operate exclusively in the province. (autorité provinciale)

    provincial transport board

    provincial transport board[Repealed, 2001, c. 13, s. 2]

  • Marginal note:Interpretation

    (2) For the purposes of this Act, an extra-provincial bus undertaking or extra-provincial truck undertaking is operated in a province if it is operated into, in, across or out of the province.

  • R.S., 1985, c. 29 (3rd Supp.), s. 2
  • 2001, c. 13, s. 2

Objectives

Marginal note:Statement of objectives

  •  (1) The objectives of this Act are to ensure that the National Transportation Policy set out in section 5 of the Canada Transportation Act is carried out with respect to extra-provincial motor carrier undertakings, and, more specifically, that

    • (a) the regulatory regime for those undertakings is focused on safety performance assessments based on the National Safety Code for Motor Carriers; and

    • (b) the operating standards that apply to those undertakings are applied consistently across Canada.

  • Marginal note:Statements of policy by Governor in Council

    (2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the provinces, issue transportation policy statements consistent with the objectives set out in subsection (1).

  • Marginal note:Provincial authority to comply with guidelines

    (3) Provincial authorities shall, with respect to extra-provincial motor carrier undertakings, have regard to all transportation policy statements issued under subsection (2).

  • R.S., 1985, c. 29 (3rd Supp.), s. 3
  • 2001, c. 13, s. 3

Marginal note:Power to conduct research

 The Minister may conduct any research, studies and evaluations that the Minister considers necessary to carry out the objectives of this Act.

  • 2001, c. 13, s. 3

Arrangements

Marginal note:Agreements

  •  (1) The Minister may, after consultation with the provinces and on the terms and conditions that the Minister may specify, enter into agreements in support of the objectives set out in section 3 with provincial governments or with other persons or bodies.

  • Marginal note:International arrangements

    (2) The Minister may, after consultation with the provinces and on the terms and conditions that the Minister may specify, enter into arrangements with foreign states or agencies of those states to promote the objectives of this Act, including the recognition in Canada of documents analogous to safety fitness certificates issued by those states or agencies and the recognition by them of safety fitness certificates.

  • 2001, c. 13, s. 3

Bus Transport

Operating Licences

Marginal note:Operation without licence prohibited

 Where in any province a licence is, by the law of the province, required for the operation of a local bus undertaking, no person shall operate an extra-provincial bus undertaking in that province except under and in accordance with a licence issued under the authority of this Act.

  • R.S., 1985, c. 29 (3rd Supp.), s. 4
  • 2001, c. 13, s. 4

Marginal note:Issue of licence

 The provincial authority in each province may, in its discretion, issue a licence to a person to operate an extra-provincial bus undertaking in the province on the like terms and conditions and in the like manner as if the extra-provincial bus undertaking were a local bus undertaking.

  • R.S., 1985, c. 29 (3rd Supp.), s. 5
  • 2001, c. 13, s. 5

Tariffs and Tolls

Marginal note:Tariffs and tolls

 Where in any province tariffs and tolls for local bus transport are determined or regulated by the provincial authority, the authority may, in its discretion, determine or regulate the tariffs and tolls for extra-provincial bus transport on the like terms and conditions and in the like manner as if the extra-provincial bus transport were local bus transport.

  • R.S., 1985, c. 29 (3rd Supp.), s. 6
  • 2001, c. 13, s. 5

Extra-Provincial Motor Carrier Safety

Marginal note:Operation without safety fitness certificate prohibited

  •  (1) Subject to the regulations, no person or body shall operate an extra-provincial motor carrier undertaking except under a safety fitness certificate issued by a provincial authority under this Act or an analogous document prescribed by the regulations.

  • Marginal note:Form of certificate

    (2) A safety fitness certificate need not be in any particular form.

  • Marginal note:Applicable safety laws

    (3) Laws of a province respecting the safety of motor carrier undertakings apply to an extra-provincial motor carrier undertaking to the extent that those laws are not inconsistent with this Act.

  • R.S., 1985, c. 29 (3rd Supp.), s. 7
  • 2001, c. 13, s. 5

Marginal note:Issuance of safety fitness certificate

  •  (1) The provincial authority in each province may, subject to the regulations, issue a safety fitness certificate to a person or body to operate an extra-provincial motor carrier undertaking, and may revoke any certificate so issued.

  • Marginal note:Certificate valid throughout Canada

    (2) A safety fitness certificate issued under subsection (1) is valid throughout Canada.

  • Marginal note:Review of decisions with respect to safety fitness certificates

    (3) The following rules apply to the review of decisions with respect to the issuance or revocation of safety fitness certificates in a province by a provincial authority:

    • (a) any rules with respect to the right of review, and any proceedings governing reviews, applicable in that province in respect of such decisions; and

    • (b) in the absence of rules or procedures established under paragraph (a), the rules with respect to the right of review, and the procedures governing reviews, of decisions with respect to the issuance and revocation of licences of motor carrier undertakings in that province.

  • R.S., 1985, c. 29 (3rd Supp.), s. 8
  • 2001, c. 13, s. 5
 
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