Canada Transportation Act

Marginal note:Substantial or complete control over domestic services

• 56.4 (1) If the Governor in Council is of the opinion that a licensee and its affiliated licensees have, after October 26, 1999, acquired or are about to acquire substantial or complete control over domestic services, otherwise than as a result of a transaction approved under section 56.2, the Governor in Council may, by order made on the recommendation of the Minister, direct the licensee or the affiliated licensees to take any action that the Governor in Council considers reasonable and necessary to protect the public interest from the consequences of that control, including requiring the divestiture of assets.

• Marginal note:Precondition to recommendation

  (2) The Minister shall not make a recommendation under subsection (1) unless the Minister has obtained the Commissioner’s assessment of the state of competition in the domestic airline industry.

• Marginal note:Variation or rescission

  (3) On application by a person who is subject to an order made under subsection (1) and on the recommendation of the Minister, the Governor in Council may, by order, vary or rescind the order. If the order to be rescinded or varied affects competition, the Minister shall consult with the Commissioner before making the recommendation.