Interpretation

• 1 (1) The definitions in this subsection apply in these Regulations.

  Act

  Act means the Canada Transportation Act. (Loi)

  aerodrome

  aerodrome has the same meaning as in subsection 3(1) of the Aeronautics Act. (aérodrome)

  crop year

  crop year has the meaning assigned to it in section 2 of the Canada Grain Act. (campagne agricole)

  grain

  grain has the meaning assigned to it in section 147 of the Act. (grain)

  reporting period

  reporting period, in respect of information that is required, means the period for which the information is to be provided. (période de référence)

  vessel

  vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

• (2) Unless otherwise indicated in these Regulations, any reference, in these Regulations, to a form or publication is a reference to the form or publication as amended from time to time.

• (3) [Repealed, SOR/2014-285, s. 1]

Provision of Information to the Minister

2 Where the Department of Transport has entered into an agreement with Statistics Canada for the sharing of information collected under the Statistics Act and a carrier submits information required by these Regulations to Statistics Canada, the information is considered to be submitted to the Minister.

2.1 Except as otherwise provided in these Regulations, the information required by these Regulations to be provided to the Minister must be provided

• (a) by electronic means; or

• (b) if the information is being collected directly by Statistics Canada under the Statistics Act, by the means by which the information is provided under that Act.

PART IAir Carriers

Interpretation

• 3 (1) The definitions in this section apply in this Part.

  air carrier

  air carrier means a Canadian air carrier or foreign air carrier. (transporteur aérien)

  Canadian air carrier

  Canadian air carrier means the holder of an air operator certificate issued under Subpart 3, 4 or 5 of Part VII of the Canadian Aviation Regulations. (transporteur aérien canadien)

  charter service

  charter service means the transportation of passengers or cargo by aircraft pursuant to a contract under which a person, other than the air carrier that operates the air service, reserves a block of seats or part of the cargo space of an aircraft for the person’s use or for resale to the public. (service d’affrètement)

  foreign air carrier

  foreign air carrier means the holder of an air operator certificate issued under Subpart 1 of Part VII of the Canadian Aviation Regulations. (transporteur aérien étranger)

  general aviation

  general aviation means the operation of an aircraft for purposes other than publicly available passenger or cargo transport for remuneration, and includes business aviation, aerial work, instructional flying and air ambulance services. (aviation générale)

  general aviation operator

  general aviation operator means any entity that engages in general aviation, and includes a corporation, a government entity as defined in subsection 211(1) of the Excise Act, 2001 and a foreign government. (exploitant de l’aviation générale)

  large air carrier

  large air carrier means an air carrier that operates a charter service or a scheduled service that has transported a worldwide total of two million passengers or more during each of the two preceding calendar years. (grand transporteur aérien)

  level I air carrier

  level I air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported at least 2,000,000 revenue passengers or at least 400 000 tonnes of cargo. (transporteur aérien de niveau I)

  level II air carrier

  level II air carrier means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported

  • (a) at least 100,000 but fewer than 2,000,000 revenue passengers; or

  • (b) at least 50 000 but less than 400 000 tonnes of cargo. (transporteur aérien de niveau II)

  level III air carrier

  level III air carrier means a Canadian air carrier that

  • (a) is not a level I air carrier or level II air carrier; and

  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of at least $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau III)

  level IV air carrier

  level IV air carrier means a Canadian air carrier that

  • (a) is not a level I air carrier, level II air carrier or level III air carrier; and

  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of less than $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau IV)

  level V air carrier

  level V air carrier[Repealed, SOR/2013-196, s. 5]

  level VI air carrier

  level VI air carrier[Repealed, SOR/2013-196, s. 5]

  local air carrier

  local air carrier[Repealed, SOR/2013-196, s. 5]

  non-revenue passenger

  non-revenue passenger means

  • (a) a passenger travelling for free or at a fare available only to persons who are employees or agents of an air carrier or are travelling on the business of an air carrier; and

  • (b) a person, such as an infant, who does not occupy a seat. (passager non payant)

  regional air carrier

  regional air carrier[Repealed, SOR/2013-196, s. 5]

  revenue passenger

  revenue passenger means a passenger who is not a non-revenue passenger and for whose transportation an air carrier receives remuneration, and includes a passenger travelling with a ticket

  • (a) purchased under a publicly available promotional offer;

  • (b) purchased through a loyalty program or through the redemption of loyalty points or miles;

  • (c) purchased with a corporate discount or at a preferential fare; or

  • (d) obtained as compensation for denied boarding. (passager payant)

  scheduled service

  scheduled service means the transportation of passengers or cargo by an aircraft provided by an air carrier that operates the air service and that, directly or indirectly, sells some or all of its seats or part or all of its cargo space to the public on a price per seat, price per unit of mass or price per volume of cargo basis. (service régulier)

  small air carrier

  small air carrier means an air carrier other than a large air carrier that operates a charter service or a scheduled service with at least one aircraft equipped for the carriage of passengers with a certificated maximum carrying capacity of 70 passengers or more. (petit transporteur aérien)

  unit toll service

  unit toll service[Repealed, SOR/2013-196, s. 5]

• (2) For the purposes of the definitions level I air carrier, level II air carrier, level III air carrier and level IV air carrier in subsection (1), a Canadian air carrier that is in its first year of operation is considered to have

  • (a) if it is created as the result of the reorganization or restructuring of another air carrier, the same characteristics as the other air carrier; and

  • (b) in any other case, the characteristics that the Minister, in consultation with Statistics Canada, determines are appropriate based on the model and the number of its aircraft, the type of licence and the type of air operator certificate that it holds, the number of its employees and the countries to which it is designated to fly.

• (3) For the purposes of the definition large air carrier, the number of passengers transported includes passengers transported on flights operated by a regional operator on the air carrier’s behalf.

• (4) For the purposes of the definition small air carrier, aircraft that are used solely for charter services are not included if the block of seats of the aircraft that is reserved is not resold to the public.

Information

• 4 (1) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister financial information, including

  • (a) a summary of its land, buildings, ground equipment and flight equipment accounts that sets out, in respect of an annual reporting period,

    • (i) the gross investments at the beginning and at the end of the calendar year,

    • (ii) the additions to and retirement of assets, and

    • (iii) the accumulated depreciation at the beginning and at the end of the calendar year; and

  • (b) a statement of changes in its financial position that sets out, in respect of a quarterly reporting period, the increases and decreases in

    • (i) working capital,

    • (ii) operating activities, including net income, items not affecting cash, net change in non-cash working capital and cash provided by operating activities,

    • (iii) financing activities, including long-term debt, subordinated debt, dividends paid and cash provided by financing activities, and

    • (iv) investing activities, including fixed assets and cash flow related to investing activities.

• (2) A level I air carrier that operates scheduled services, and a level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a scheduled service with at least one aircraft whose maximum certificated take-off weight is more than 25 000 kg, must provide to the Minister operational information about each take-off or landing in Canada or abroad of a scheduled service flight that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of the take-off or landing and the aerodrome where it took place;

  • (b) the flight number, if there is one;

  • (c) the flight’s origin and destination;

  • (d) in the case of a take-off, the next aerodrome on the flight;

  • (e) in the case of a landing, the previous aerodrome on the flight;

  • (f) the passenger capacity and the cargo capacity;

  • (g) the aircraft’s model and registration mark;

  • (h) the number of revenue passengers and the number of non-revenue passengers enplaning, deplaning, arriving, departing and transiting;

  • (i) the mass of freight and the mass of mail enplaning, deplaning, arriving, departing and transiting;

  • (j) the number of pieces and the mass of checked luggage presented for security screening; and

  • (k) information as to whether the aircraft is a passenger aircraft or a freighter.

• (3) A level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a scheduled service only on aircraft whose maximum certificated take-off weight is not more than 25 000 kg must provide to the Minister information aggregated on a quarterly basis about

  • (a) the number of revenue passengers transported between each city-pair, in each direction, on a coupon origin and destination basis;

  • (b) the mass of freight and mail transported between each city-pair, in each direction, on an on-board origin and destination basis; and

  • (c) the destinations of its non-stop flights from each aerodrome that it serves, and the number of those flights to each destination.

• (4) A level I air carrier, level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a charter service, whether or not available to the public, on an aircraft whose maximum certificated take-off weight is 5 670 kg or more must provide to the Minister operational information about each charter flight that it operates with the aircraft and that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of each take-off and landing and the aerodrome where it took place;

  • (b) the flight number, if there is one;

  • (c) the passenger capacity and the cargo capacity;

  • (d) the aircraft’s model and registration mark;

  • (e) the number of revenue passengers and the number of non-revenue passengers transported between each city-pair, including city-pairs that are not Canadian cities, on an on-board origin and destination basis or an enplaned and deplaned basis;

  • (f) the mass of freight and the mass of mail transported, on an on-board origin and destination basis;

  • (g) the number of pieces and the mass of checked luggage presented for security screening;

  • (h) information as to whether the flight terminates at the same aerodrome where it originated; and

  • (i) the code that identifies the type of charter permit issued by the Canadian Transportation Agency.

• (5) A level I air carrier or level II air carrier that transported more than 600,000 revenue passengers by scheduled service in each of the two previous calendar years must provide to the Minister information about each revenue passenger’s complete itinerary, including

  • (a) the passenger’s origin and destination;

  • (b) the connecting points;

  • (c) the operating air carrier, the advertised air carrier and the fare basis code, for each leg; and

  • (d) the total fare paid.

• (6) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister information about each aircraft in its fleet, including

  • (a) its make, model and year of construction;

  • (b) the make, model and year of construction of its engine;

  • (c) the amount and type of fuel it consumed on domestic flights; and

  • (d) the amount and type of fuel it consumed on international flights.

• (7) An air carrier that transported dangerous goods between Canada and another country must provide to the Minister the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods.

• (8) An air carrier referred to in subsection (2), (3) or (4) must provide the information required by that subsection electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.

5 A level I air carrier, level II air carrier or level III air carrier that transported more than 10 000 tonnes of cargo in the previous calendar year, and a foreign air carrier that transported more than 10 000 tonnes of cargo to or from Canada in the previous calendar year, must provide to the Minister information about the supply chain, including

• (a) if the air carrier is a participant in the International Air Transport Association’s Cargo 2000 program, the date and time and the location of each step within the supply chain, as determined by the Cargo 2000 program; or

• (b) if the air carrier is not a participant in the International Air Transport Association’s Cargo 2000 program,

  • (i) the date and time when, and the location where, each shipment of the cargo was delivered to the carrier, and

  • (ii) the date and time when, and the location where, each shipment of the cargo was ready to be picked up from the carrier.

• 6 (1) A general aviation operator must provide to the Minister, in respect of the aircraft that it operates for general aviation for purposes that are not exclusively recreational,

  • (a) if at least one of the aircraft has a maximum certificated take-off weight of 5 670 kg or more, information about each flight, including

    • (i) the departure and arrival aerodrome,

    • (ii) the aircraft’s model and registration mark,

    • (iii) the type of operator certificate under which the flight was operated, and

    • (iv) the number of passengers and the amount of cargo on board;

  • (b) if none of the aircraft has a maximum certificated take-off weight of 5 670 kg or more, information aggregated on a quarterly basis about each aircraft, including

    • (i) its model and registration mark,

    • (ii) the number of passengers it transported,

    • (iii) the types of operator certificates under which the flights were operated,

    • (iv) the ten most frequented aerodromes,

    • (v) its base of operation,

    • (vi) the number of take-offs and landings for flights to and from the same aerodrome, between two aerodromes in Canada or between an aerodrome in Canada and an aerodrome outside of Canada, and

    • (vii) the average distance flown;

  • (c) its expenses, including its expenses for maintenance and fuel, aerodrome fees, airport fees, air navigation fees and other fees; and

  • (d) the number of aircraft and the amount of fuel they consumed.

• (2) A general aviation operator must provide the information required by subsection (1) electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.

• 7 (1) An air carrier or general aviation operator referred to in column I of Schedule I must provide to the Minister the details relating to the information required by sections 4 to 6 that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

• (2) If the form and manner of providing the details are set out in column V of Schedule I, an air carrier or general aviation operator referred to in column I must provide the details to the Minister in the form and manner set out.

• (3) If two forms are referred to in column II of Schedule I, the details provided for in either of the forms may be provided to the Minister.

7.1 An air carrier that sells the entire capacity of an aircraft for a flight to another air carrier must, in respect of that capacity, provide to the Minister the information, and the details relating to the information, that the other air carrier would have been required to provide under sections 4, 5 and 7 if the other air carrier had been operating the aircraft.

• 7.2 (1) Subject to subsection (6), a large air carrier must provide to the Minister on a monthly basis the following information for each passenger flight it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originates in or is destined for an aerodrome in Canada:

  • (a) the aircraft’s registration mark;

  • (b) the flight number;

  • (c) the aerodromes of origin and destination;

  • (d) the marketing air carrier and operating air carrier codes;

  • (e) the scheduled date and time of departure and arrival at the gate;

  • (f) the actual date and time of departure and arrival at the gate;

  • (g) the date and time of take-off and landing;

  • (h) the delay in number of minutes, by cause, if applicable;

  • (i) an indication of whether passengers were provided with the opportunity to disembark, if a flight is delayed on the tarmac at an airport in Canada for more than three hours after the doors of the aircraft are closed for take-off or after the flight has landed;

  • (j) an indication of whether the flight was cancelled and the cause; and

  • (k) an indication of whether the flight was diverted.

• (2) Subject to subsection (6), a large air carrier must provide to the Minister on a monthly basis and aggregated by flight segment, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) in the case of denial of boarding within the meaning of the Air Passenger Protection Regulations,

    • (i) the number of passengers who were denied boarding,

    • (ii) the number of passengers who gave up their seat on an involuntary basis,

    • (iii) the number of passengers who gave up their seat on a voluntary basis,

    • (iv) the number of passengers boarded, and

    • (v) the reason for the denial of boarding;

  • (b) the number of pieces of checked baggage;

  • (c) the number of pieces of checked baggage that have been lost for more than 21 days;

  • (d) the number of pieces of damaged checked baggage; and

  • (e) the number of complaints received and recorded by the air carrier in respect of

    • (i) the assignment of seats to children under the age of 14 years,

    • (ii) the transportation of musical instruments, and

    • (iii) the provision of information to passengers in a timely manner, in the case of a flight delay or flight cancellation.

• (3) A small air carrier must provide to the Minister on a quarterly basis and aggregated by flight segment, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) the number of flights;

  • (b) the marketing air carrier and operating air carrier codes;

  • (c) the number of flights, as applicable

    • (i) cancelled, by cause,

    • (ii) delayed, by cause, and

    • (iii) delayed on the tarmac at an airport in Canada for more than three hours after the doors of the aircraft are closed for take-off or after the flight has landed;

  • (d) in the case of denial of boarding within the meaning of the Air Passenger Protection Regulations,

    • (i) the number of passengers who were denied boarding,

    • (ii) the number of passengers who gave up their seat on an involuntary basis,

    • (iii) the number of passengers who gave up their seat on a voluntary basis,

    • (iv) the number of passengers boarded, and

    • (v) the reason for the denial of boarding; and

  • (e) the number of complaints received and recorded by the air carrier in respect of

    • (i) the assignment of seats to children under the age of 14 years,

    • (ii) the transportation of musical instruments, and

    • (iii) the provision of information to passengers in a timely manner, in the case of a flight delay or flight cancellation.

• (4) A small air carrier must provide to the Minister on a quarterly basis and aggregated by arrival aerodrome, the following information in respect of passenger flights it operates, including flights operated by a regional operator on its behalf and cancelled flights, that originate in or are destined for an aerodrome in Canada:

  • (a) the number of pieces of checked baggage;

  • (b) the number of pieces of lost checked baggage that have been lost for more than 21 days; and

  • (c) the number of pieces of damaged checked baggage.

• (5) The information required by subsections (1) to (4) must be provided using Transport Canada’s Electronic Collection of Air Transportation Statistics program within 30 days after the last day of the reporting period.

• (6) A large air carrier must provide the information required by subsections (1) and (2) for the 90-day period beginning on the day on which this section comes into force, within 30 days after the last day of that period.

7.3 Section 7.2 does not apply in respect of a charter service operated by an air carrier if the block of seats of an aircraft that is reserved is not resold to the public.

PART IIRail Carriers

Interpretation

8 The definitions in this section apply in this Part.

class I rail carrier

class I rail carrier means a railway company that realized gross revenues of at least $250,000,000 for the provision of rail services in each of the two calendar years before the year in which information is provided pursuant to this Part. (transporteur ferroviaire de catégorie I)

class II rail carrier

class II rail carrier means a railway company that realized gross revenues of less than $250,000,000 for the provision of rail services in each of the two calendar years before the year in which information is provided pursuant to this Part. (transporteur ferroviaire de catégorie II)

class III rail carrier

class III rail carrier means a railway company, other than a class I rail carrier or a class II rail carrier, that is engaged in the operation of bridges, tunnels and stations. (transporteur ferroviaire de catégorie III)

gross ton miles per mile of track

gross ton miles per mile of track means the number of tons of freight transported by a train and the number of tons of locomotives and cars of the train multiplied by the distance travelled and divided by the length of track operated. (tonnes-milles brutes par mille de voie)

infant

infant means a person who is less than two years of age. (enfant en bas âge)

movement event

movement event means

• (a) the placement of a railway car at a location by a class I rail carrier for the loading or unloading of grain;

• (b) the release of a railway car by a shipper, consignee or terminal for transportation by a class I rail carrier;

• (c) the transportation of a railway car by a class I rail carrier; or

• (d) the constructive or actual placement of a railway car at a location by a class I rail carrier. (événement de mouvement)

passholder

passholder means a person who is an employee of a rail carrier or is otherwise entitled to be transported by a rail carrier without charge or at a reduced fare. (titulaire de laissez-passer)

railway company

railway company has the meaning assigned to that term in section 87 of the Act. (compagnie de chemin de fer)

revenue passenger

revenue passenger, in respect of a rail carrier, means a passenger the charge for whose transportation is remunerated to the rail carrier based on a tariff for the transportation. (passager payant)

Western Division

Western Division has the same meaning as in section 147 of the Act. (région de l’Ouest)

Information

• 9 (1) A rail carrier referred to in column I of an item of Schedule II must provide to the Minister the information that is required by the form set out in column II of the item in respect of the reporting period set out in column III of that item by no later than the day set out in column IV of that item.

• (2) [Repealed, SOR/2013-196, s. 7]

• 10 (1) A class I rail carrier that transports freight must provide to the Minister financial and operating information for the rail carrier’s Canadian operations, in respect of each quarterly and annual reporting period, that consists of the rail carrier’s unaudited financial statement that is prepared according to generally accepted accounting principles.

• (2) A class I rail carrier that transports freight must provide to the Minister rail traffic information, in duplicate, in respect of each quarterly and annual reporting period, that consists of a statement that indicates

  • (a) the code that identifies the rail carrier and the last two digits of the year in which the transportation takes place;

  • (b) whether the rail carrier transports freight that is

    • (i) transferred to another rail carrier,

    • (ii) tranferred from another rail carrier,

    • (iii) for a portion of the transport in Canada, where the transport begins and ends in the United States,

    • (iv) transferred from a vessel, based on the rail origin,

    • (v) transferred to a vessel, based on the rail destination,

    • (vi) transferred from a truck, based on the rail origin, or

    • (vii) transferred to a truck, based on the rail destination;

  • (c) the geographic location code, where the transport began or ended in Canada, the alphanumeric code that identifies the province or the state in which the transport began or ended, and, if applicable, the geographic location code of the junction at which freight is transferred to or from another rail carrier, the code that identifies that rail carrier and the code that identifies the rail carrier on which the transport began or ended;

  • (d) the alphanumeric code that identifies imports and exports, the code that identifies the border crossing location, the standard transportation commodity code, the code that identifies the type of equipment used, the number of carloads and the commodity tonnage;

  • (e) the gross waybill revenue, the portion of the waybill revenue received by the rail carrier that provides the information, the miles in respect of which the gross waybill revenue was derived, the two-digit commodity code and, if applicable, the code that identifies dangerous goods, the gross tonnage of any grain that is transported and an intermodal traffic indicator;

  • (f) in the case of the movement of grain, the gross tonnage of the grain transported each month; and

  • (g) in the case of the transportation of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the hazardous materials commodity code assigned to the goods by the United States Bureau of Explosives.

• (3) Class I rail carriers that transport freight must provide to the Minister, rail traffic density information, in duplicate, in respect of each annual reporting period, including

  • (a) the gross ton miles per mile of track on segments between stations, aggregated to comprise subdivisions; and

  • (b) the number of multiple tracks in each segment between stations and the length of the segment in miles of track.

• (4) A class I rail carrier that transports freight must provide to the Minister railway costs and rate determination information, as well as supporting information, for the rail carrier’s Canadian operations, in respect of each annual reporting period, including

  • (a) average long-term variable costs for the rail system;

  • (b) operating statistics for the rail system and rail cost centres and by equipment type and type of service; and

  • (c) operating expenses for the rail system and rail cost centres and by equipment type and type of service.

• 10.1 (1) A class I rail carrier that transports grain must provide to the Minister information in respect of the transportation of grain that includes, for each movement event,

  • (a) the letters that identify the railway car;

  • (b) the number that identifies the railway car;

  • (c) an indication as to whether the railway car is loaded or empty;

  • (d) an indication as to whether the railway car is being

    • (i) placed at a location for loading,

    • (ii) placed at a location for unloading,

    • (iii) released for transportation,

    • (iv) transported, or

    • (v) constructively or actually placed;

  • (e) the date and time that the movement event began;

  • (f) the geographic location code that identifies the location where the movement event began;

  • (g) the date and time that the movement event ended;

  • (h) the geographic location code that identifies the location where the movement event ended; and

  • (i) the standard transportation commodity code in respect of the grain.

• (2) A class I rail carrier that transports grain must provide to the Minister, in respect of each crop year, a statement of the benefits, including the monetary benefits, given to grain handling undertakings as a means of sharing present or anticipated gains in the efficiency of the grain handling and transportation system.

• (3) The value of the monetary benefits paid or credited to grain handling undertakings shall be expressed, if reasonably quantifiable, in dollars.

• 10.2 (1) A class I rail carrier must provide to the Minister weekly information in respect of order fulfilment for grain shipments, including

  • (a) the number of railway cars ordered by the shipper;

  • (b) the number of railway cars committed by the rail carrier;

  • (c) the number of railway cars placed by the rail carrier; and

  • (d) the number of railway cars that were ordered and cancelled by the shipper.

• (2) A class I rail carrier must provide to the Minister weekly information in respect of its covered hopper cars, including

  • (a) the number of empty railway cars;

  • (b) the number of loaded railway cars;

  • (c) the number of railway cars in storage; and

  • (d) the number of bad order railway cars.

• (3) A class I rail carrier must provide to the Minister weekly information in respect of grain traffic, including

  • (a) the corridor used for

    • (i) grain traffic solely within the Western Division,

    • (ii) grain traffic from the Western Division to other parts of Canada,

    • (iii) grain traffic from the Western Division to the United States and Mexico, or

    • (iv) grain traffic from the United States to the Western Division;

  • (b) information as to whether the grain was transported by hopper car or container;

  • (c) the number of loaded cars transported in each corridor; and

  • (d) the gross tonnage of grain transported in each corridor.

• 11 (1) A class I rail carrier that transports passengers, must provide to the Minister, financial, operating and traffic information, other than information that relates to commuter trains, in respect of each month of the quarterly reporting period, that consists of

  • (a) revenues derived from

    • (i) the transportation of revenue passengers and passholders,

    • (ii) the sale of food and beverages,

    • (iii) receipts for mail and express services, and

    • (iv) the use of station property; and

  • (b) variable transportation costs attributable to

    • (i) payments to other rail carriers for the use of tracks, signals, dispatchers and locomotives,

    • (ii) train crews, fuel and reassembling trains at terminals,

    • (iii) buses and taxis used to provide scheduled services and, when a train cannot operate, non-scheduled services,

    • (iv) incentives,

    • (v) equipment maintenance, marketing and sales and station property maintenance, and

    • (vi) supplies used on trains and employees and facilities that provide customer services.

• (2) A class I rail carrier that transports passengers must provide to the Minister traffic statistics, in respect of each month of the annual reporting period, that consists of

  • (a) revenue in relation to

    • (i) the distance that revenue passengers travelled, and

    • (ii) the number of revenue passengers travelling;

  • (b) the number of

    • (i) passholders and infants in relation to the distance that passholders and infants travelled,

    • (ii) passholders per coach, and

    • (iii) passholders and infants who have first class accommodation;

  • (c) the distance travelled by

    • (i) each train, in miles,

    • (ii) the total number of cars on each train, in miles,

    • (iii) each locomotive on each train, in miles, and

    • (iv) each train, in miles, multiplied by the number of seats in all of the cars of that train;

  • (d) the total distance travelled by

    • (i) passengers, including infants, divided by the total number of seats, and

    • (ii) passengers, other than infants, divided by the total number of seats; and

  • (e) performance indicators, including

    • (i) how often, expressed as a percentage, trains arrived at their destination at the scheduled time,

    • (ii) revenue in relation to costs, expressed as a percentage,

    • (iii) how often, expressed as a percentage, locomotives and cars were available to be operated, and

    • (iv) the number of miles that locomotives and cars operated before they incurred mechanical difficulties that caused delays affecting a train’s scheduled arrival time.

• (3) The information required by subsections (1) and (2) must be provided in relation to the transportation system summary, by the following service categories and by each route within the following service categories,

  • (a) eastern corridor;

  • (b) southwestern Ontario;

  • (c) eastern long-haul;

  • (d) western long-haul; and

  • (e) mandatory routes.

12 A class I rail carrier must provide the information referred to in

• (a) subsections 10(1), (3) and (4) and section 11,

  • (i) when that information is to be provided in respect of a quarterly reporting period, by no later than 60 days after the last day of that period, and

  • (ii) when that information is to be provided in respect of an annual reporting period, by no later than 90 days after the last day of that period; and

• (b) subsection 10(2),

  • (i) when that information is to be provided in respect of a quarterly reporting period, by no later than 60 days after the last day of the third quarterly reporting period in the same year, and

  • (ii) when that information is to be provided in respect of an annual reporting period, by no later than 90 days after the last day of that period.

12.1 A class I rail carrier must provide the information referred to in subsections 10.1(2) and (3) by no later than October 15 following the end of the crop year.

• 12.2 (1) [Repealed, SOR/2017-121, s. 19]

• (2) A class I rail carrier or class II rail carrier that transports passengers, and that realized revenues of at least $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under this subsection, must provide to the Minister information about every ticket sold to a passenger for travel between two points in Canada or between a point in Canada and a point in the United States, including

  • (a) the passenger’s origin and destination as they appear on the ticket;

  • (b) the date that the passenger began the journey;

  • (c) the connecting train stations, if applicable;

  • (d) the number assigned to identify the train or trains used on the journey;

  • (e) the class of ticket and the fare paid; and

  • (f) the type of passenger, such as adult, child, student or senior, according to the tariff class.

• (3) A class I rail carrier or class II rail carrier that transports passengers, and that realized revenues of less than $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under this subsection, must provide to the Minister information about every railway line it operates for passenger travel in Canada or between Canada and the United States, including the name of the geographical location of each end of the railway line and the number of passengers transported on it.

• (4) [Repealed, SOR/2014-190, s. 5]

12.3 A class I rail carrier, class II rail carrier or class III rail carrier must provide to the Minister once a year, before the end of 90 days after the end of the calendar year, a geospatial database or timetables depicting its network, including

• (a) the names of the subdivisions;

• (b) the length of the subdivisions;

• (c) the number of tracks;

• (d) the speed limitations, and the mile-posts between which they apply;

• (e) the ability of the subdivisions to accommodate double-stacked container trains;

• (f) the weight capacity of the tracks, and the mile-posts between which it applies; and

• (g) the location of, and the type of warning system for, each grade crossing.

• 12.4 (1) A rail carrier referred to in column I of Schedule II.1 must provide to the Minister the details relating to the information required by subsection 10.1(1) and sections 10.2 and 12.2 that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

• (2) If the form and manner of providing the details are set out in column V of Schedule II.1, a rail carrier referred to in column I must provide the details to the Minister in the form and manner set out.

• 12.5 (1) Canadian National Railway Company and Canadian Pacific Railway Company must each provide to the Minister the following information within one week after the end of a period referred to in an order made under subsection 116.2(2) of the Act:

  • (a) the volume demand for movement of grain during the period; and

  • (b) the amount of grain moved in each corridor during the period.

• (2) In this section, grain and move have the same meanings as in section 116.1 of the Act.

• 12.6 (1) A class I rail carrier and class II rail carrier must provide to the Minister the following information related to railway safety:

  • (a) a summary of proficiency tests, including

    • (i) the rules set out in the Canadian Rail Operating Rules that were covered by the proficiency tests,

    • (ii) the number of passes for each rule, and

    • (iii) the number of fails for each rule;

  • (b) the number of locomotives set off en route for mechanical reasons and, for each set off, the month in which the set off occurred and the mechanical reason for the set off;

  • (c) the number of cars set off en route for mechanical reasons and, for each set off, the month in which the set off occurred and the mechanical reason for the set off;

  • (d) the number of train pull aparts caused by a broken knuckle or a broken drawbar, and, for each pull apart, the month in which the pull apart occurred and the name of the subdivision where the pull apart occurred;

  • (e) the number of broken or cracked wheels found on a train in a yard or in a repair facility, and, for each broken or cracked wheel, the month in which the wheel was found and the cause of the break or crack;

  • (f) the number of deviations from the track geometry standards set out in the Rules Respecting Track Safety, and, for each deviation, the name of the subdivision where the deviation was detected;

  • (g) the number of deviations from the defective rail standards set out in the Rules Respecting Track Safety that were detected using rail flaw testing activities, and, for each deviation, the name of the subdivision where the deviation was detected;

  • (h) the number of in-service rail failures and in-service joint pull aparts for each subdivision;

  • (i) the total tonnage, in million gross tons, transported on each segment of track, and the name of the subdivision where the segment is located;

  • (j) information related to every malfunction of an automated warning system, wayside inspection system or wayside signal system for which a trouble ticket was issued, including

    • (i) the name of the subdivision where the malfunction occurred,

    • (ii) the mileage point where the automated warning system, wayside inspection system or wayside signal system is located,

    • (iii) the number assigned by the rail carrier for the trouble ticket,

    • (iv) the date and time when the malfunction was reported,

    • (v) a description of the malfunction,

    • (vi) the name of the sub-system or component that malfunctioned,

    • (vii) the remedy that was applied to resolve the malfunction, and

    • (viii) the date and time when the malfunction was resolved;

  • (k) for each subdivision, the number of culverts that required continued monitoring at the end of the reporting period;

  • (l) for each subdivision, the number of bridges with temporary slow orders at the end of the reporting period;

  • (m) the results of all electronic geometry inspections, including

    • (i) for each inspection, the type of geometry car used and the car’s identification code,

    • (ii) for each deviation from the track geometry standards set out in the Rules Respecting Track Safety,

      • (A) the name of the subdivision where the deviation was detected and, in respect of a multiple main line territory, the identification code of the track where the deviation was detected,

      • (B) the mileage point where the deviation was detected, and

      • (C) the date on which the deviation was detected, and

    • (iii) a summary of total miles tested in each subdivision and, in respect of a multiple main line territory, a summary of total miles tested, per track identification code; and

  • (n) the results of all rail flaw inspections, including

    • (i) for each inspection, the type of rail flaw detection vehicle used and the vehicle’s identification code,

    • (ii) for each deviation from the defective rail standards set out in the Rules Respecting Track Safety that was detected using rail flaw testing activities,

      • (A) the name of the subdivision where the deviation was detected and, in respect of a multiple main line territory, the identification code of the track where the deviation was detected,

      • (B) the mileage point where the deviation was detected, and

      • (C) the date on which the deviation was detected, and

    • (iii) a summary of total miles tested in each subdivision and, in respect of a multiple main line territory, a summary of total miles tested, per track identification code.

• (2) A rail carrier referred to in column I of Schedule II.2 must provide to the Minister the details relating to the information required by paragraphs (1)(a) to (l) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of day set out in column IV.

• (3) A rail carrier referred to in column I of Schedule II.2 must provide to the Minister, electronically using files in Excel or Comma-separated values (CSV) format, the information required by paragraphs (1)(m) and (n) for the reporting period set out in column III before the end of the day set out in column IV.

PART IIIMarine Carriers

Interpretation

13 The following definitions apply in this Part.

Canadian domiciled marine carrier

Canadian domiciled marine carrier means a marine carrier that is incorporated under the laws of Canada or a province and that operates in Canada or between Canada and another country. (transporteur maritime domicilié au Canada)

domestic marine carrier

domestic marine carrier means a foreign marine carrier or a Canadian domiciled marine carrier that transports passengers or cargo by vessel from a place in Canada to another place in Canada. (transporteur maritime intérieur)

ferry boat operator

ferry boat operator means a domestic marine carrier or international marine carrier that operates a ferry boat. (exploitant de traversier)

international marine carrier

international marine carrier means a foreign marine carrier or a Canadian domiciled marine carrier that transports passengers or cargo by ship between a port in Canada and a port outside Canada. (transporteur maritime international)

marine operator

marine operator means a Canadian domiciled marine carrier, domestic marine carrier, ferry boat operator, international marine carrier or tug boat operator. (exploitant maritime)

mode of operation

mode of operation means, in respect of a vessel, the operating profile of the vessel, such as being underway, in manoeuvres, in hotelling, at anchor or in dry dock. (mode d’exploitation)

tug boat operator

tug boat operator means a domestic marine carrier or a foreign marine carrier that operates a tug boat for the purpose of pulling or pushing barges, scows, self-propelled vessels and log booms. (exploitant de remorqueur)

Application

14 This Part applies in respect of marine carriers operating vessels other than vessels under 15 gross tons, fishing vessels or research vessels.

Information

15 [Repealed, SOR/2014-285, s. 5]

• 15.1 (1) A marine operator must provide to the Minister information about

  • (a) the nature and type of its operations, including

    • (i) the mass and a description of the cargo transported,

    • (ii) in the case of the transportation of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods,

    • (iii) the number of passengers, passenger vehicles and commercial vehicles transported,

    • (iv) the port of origin and of destination of each voyage, as well as the name of the vessel engaged on the voyage,

    • (v) the distance travelled on each voyage, and

    • (vi) the amount, type and cost of fuel and of lubricating oil purchased in Canada or abroad;

  • (b) each vessel in its fleet that is a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, including

    • (i) its name,

    • (ii) its country of registration,

    • (iii) its gross and net tonnage and its dimensions,

    • (iv) its type,

    • (v) the characteristics of its main and auxiliary engines, including, with respect to each engine, its type, model number and size, the size of its cylinders, its number of strokes, its specific fuel consumption, and its load, as a percentage of the maximum continuous rating, for each mode of operation,

    • (vi) the year in which its construction was completed and, if applicable, the year in which its rebuilding was completed,

    • (vii) the types of technologies, if any, used for the purpose of enhancing its fuel efficiency or reducing its fuel consumption,

    • (viii) information as to whether its hull is a single- or double-hull and, if applicable, the vessel’s ice class and the name of the classification society that assigned the ice class,

    • (ix) if applicable, its classification and the name of the classification society that assigned it,

    • (x) if applicable, its environmental notation and the name of the classification society that assigned it,

    • (xi) its routes and services,

    • (xii) its activities, expressed as tonne-kilometres, vessel-kilometres and passenger-kilometres performed,

    • (xiii) the number of hours that it was operated in the year, and

    • (xiv) its fuel consumption, by quality and type of fuel;

  • (c) its finances, including

    • (i) a detailed revenues and expenses report, including a breakdown of revenues by the type of operation the vessels in its fleet were engaged in, the type of service offered by the marine operator and the region in which the service was offered,

    • (ii) a detailed balance sheet report,

    • (iii) details of its capital assets, and

    • (iv) the employment level and the total payroll; and

  • (d) its ownership.

• (2) A marine operator referred to in column I of Schedule III must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

• (3) If the form and manner of providing the details are set out in column V of Schedule III, a marine operator referred to in column I must provide the details to the Minister in the form and manner set out.

PART IVMotor Carriers of Freight

Interpretation

16 The following definitions apply in this Part.

courier

courier means a for-hire motor carrier that transports only small packages and parcels. (messager)

for-hire carrier

for-hire carrier means a motor carrier that has a transportation licence issued by a provincial authority that authorizes the motor carrier to transport freight and that has as its principal activity the transportation of freight for a fee. (transporteur pour compte d’autrui)

level I motor carrier

level I motor carrier means a for-hire carrier that has an annual operating revenue of at least $12,000,000. (transporteur routier de niveau I)

level II motor carrier

level II motor carrier means a for-hire carrier that has an annual operating revenue of at least $1,000,000 but less than $12,000,000. (transporteur routier de niveau II)

level III motor carrier

level III motor carrier means a for-hire carrier or an owner-operator that has an annual operating revenue of at least $30,000 but less than $1,000,000. (transporteur routier de niveau III)

level IV motor carrier

level IV motor carrier means a motor carrier that is not a for-hire carrier and is part of a corporation that has an annual operating revenue of at least $1,000,000. (transporteur routier de niveau IV)

motor carrier

motor carrier means a carrier that transports freight by truck between provinces, between Canada and the United States or between Canada and Mexico. (transporteur routier)

owner-operator

owner-operator means a motor carrier that has a commercial licence issued by a provincial authority authorizing the carrier to haul trailers or other equipment and that transports freight for other motor carriers. (chauffeur contractant)

private carrier

private carrier means a motor carrier that is part of a company whose principal activity is not trucking and that operates its own fleet of vehicles for the transportation of its freight. (transporteur pour compte propre)

Information

17 Where, for the purposes of the Act, information relating to the economic condition of motor carriers is required, a motor carrier referred to in column I of an item in Schedule IV must provide to the Minister the information that is required by the form set out in column II of the item in respect of the reporting period set out in column III of that item by no later than the day set out in column IV of that item.

• 17.1 (1) A motor carrier must provide to the Minister information about each vehicle in its fleet, including

  • (a) its make, model and model year;

  • (b) the vehicle identification number assigned by its manufacturer;

  • (c) the type, output and year of construction of its engine;

  • (d) the fuel type it used and its fuel consumption, broken down by province;

  • (e) its transmission type;

  • (f) its base location;

  • (g) the types of aerodynamic aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;

  • (h) the type of its tires, such as low rolling resistance tires, tires with a central inflation system or single-wide tires;

  • (i) information as to whether it has an auxiliary power unit and, if so, the number of hours that the unit was used and the unit’s power source;

  • (j) the number of kilometres it travelled; and

  • (k) its tare weight.

• (2) A motor carrier must provide to the Minister information about each trailer in its fleet, including

  • (a) its make, model, type and year of construction;

  • (b) the types of aerodynamic aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;

  • (c) the type of its tires, such as low rolling resistance tires, tires with a central inflation system or single-wide tires; and

  • (d) its tare weight.

• (3) A motor carrier must provide to the Minister information about its revenues, expenses and operations, including

  • (a) the revenues by type of service, type of movement and region of pickup, the non-trucking operating revenues and the investment revenues;

  • (b) detailed operating expenses, including the labour, fuel, maintenance, insurance, utilities and depreciation expenses;

  • (c) the cost of purchased transportation;

  • (d) the number of units that make up its fleet;

  • (e) the distance travelled;

  • (f) the number of drivers, owner-operators and other personnel the carrier employs; and

  • (g) the amount of fuel consumed.

• (4) A level I motor carrier, level II motor carrier, level III motor carrier or level IV motor carrier must provide to the Minister information about its shipments, including

  • (a) the number of shipments inscribed on its shipping documents;

  • (b) the types of trips;

  • (c) the origin and destination of the trips;

  • (d) the types of freight;

  • (e) information as to whether or not each commodity is a dangerous good and, if it is, the UN number assigned to it by the United Nations Committee of Experts on the Transport of Dangerous Goods;

  • (f) the mass of the freight; and

  • (g) the revenues realized by the motor carrier for the transportation of the freight or the transportation of individual shipments.

• (5) A motor carrier referred to in column I of Schedule IV.1 must provide to the Minister the details relating to the information required by subsections (1) to (4) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

PART VPassenger Motor Carriers

Interpretation

18 The following definitions apply in this Part.

large passenger carrier

large passenger carrier means a passenger carrier that has an annual gross operating revenue of more than $2,000,000. (gros transporteur de voyageurs)

passenger carrier

passenger carrier means a carrier that transports passengers by bus between provinces or between Canada and the United States. (transporteur de voyageurs)

scheduled passenger service

scheduled passenger service means a service that is offered by a passenger carrier, that operates on a regular basis according to a posted schedule and for which tickets are sold individually to passengers. (service passagers régulier)

small passenger carrier

small passenger carrier means a passenger carrier that has an annual gross operating revenue of not less than $200,000 and not more than $2,000,000. (petit transporteur de voyageurs)

Information

19 Every passenger carrier referred to in column I of an item of Schedule V must provide to the Minister the information that is required by the form set out in column II of the item in respect of the reporting period set out in column III of that item by no later than the day set out in column IV of that item.

• 19.1 (1) A passenger carrier must provide to the Minister information about each vehicle in its fleet, including

  • (a) its make, model and model year;

  • (b) the vehicle identification number assigned by its manufacturer;

  • (c) the type, output and year of construction of its engine;

  • (d) the amount and type of fuel it consumed, broken down by province;

  • (e) its transmission type;

  • (f) its base location;

  • (g) the types of aerodynamic aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;

  • (h) the type of its tires, such as low-rolling resistance tires, tires with a central inflation system or single-wide tires;

  • (i) the number of kilometres it travelled;

  • (j) its tare weight;

  • (k) its seating capacity; and

  • (l) information as to whether or not it is accessible for passengers with reduced mobility.

• (2) A passenger carrier operating a scheduled passenger service on a city-pair basis must provide to the Minister

  • (a) operational information about the scheduled passenger service, including

    • (i) the number of passengers, on a ticket origin and destination basis,

    • (ii) the average fare paid for a trip,

    • (iii) the number of senior and student discounted fares used,

    • (iv) the mass of freight and parcels transported between each city-pair, if that information is available,

    • (v) the number of pieces of freight and the number of parcels, or the number of bus bills, and

    • (vi) the revenue generated by the transportation of freight and parcels; and

  • (b) information about the actual capacity offered for each scheduled route, including

    • (i) the number of realized departures, and

    • (ii) the number of seats offered for each departure.

• (3) A passenger carrier must provide to the Minister operational and financial information, including

  • (a) its employment level, by occupation category and number of hours worked;

  • (b) the number of vehicles in its fleet, the distance that the fleet travelled and the fleet’s maintenance costs;

  • (c) its number of passengers by type of service;

  • (d) its fuel consumption by type of fuel;

  • (e) detailed financial information, including

    • (i) its revenues by activity,

    • (ii) its operating expenses, and

    • (iii) its assets and liabilities; and

  • (f) if the passenger carrier operates in two or more provinces, a detailed breakdown of its revenues and expenses by province.

• (4) A passenger carrier referred to in column I of Schedule V.1 must provide to the Minister the details relating to the information required by subsections (1) to (3) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

PART VIAir Services Undertakings

Interpretation

20 The definitions in this section apply in this Part.

air navigation undertaking

air navigation undertaking means a Canadian undertaking that operates in at least two provinces and provides

• (a) aeronautical communication, information and radio navigation services; and

• (b) air traffic control, aviation weather, emergency assistance and flight information services. (entreprise de navigation aérienne)

airport

airport has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéroport)

airport authority

airport authority means a not-for-profit corporation that manages, operates and maintains an airport

• (a) at the national capital or at a provincial capital;

• (b) in any province other than New Brunswick, if at least 200,000 passengers arrive at or depart from the airport in a year; or

• (c) in New Brunswick, if at least 196,000 passengers arrive at or depart from the airport in a year. (administration aéroportuaire)

Information

• 21 (1) An airport authority must provide to the Minister the information that is required by the form set out in column I of each item of Part I of Schedule VI in respect of the quarterly and annual reporting periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 2(b) of Part I of Schedule VI must be audited.

• 21.1 (1) The operator of an airport that is not served, either on-site or remotely or either full-time or part-time, by a NAV CANADA control tower, flight service station or community aerodrome radio station must provide to the Minister information about each aircraft movement at the airport during periods when the airport is staffed, including the following information when it is available:

  • (a) the date and time of the arrival or departure;

  • (b) the flight number or, if there is no flight number, the registration mark of the aircraft;

  • (c) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (d) the aircraft’s model;

  • (e) the aerodrome that the flight is arriving from or departing for;

  • (f) information as to

    • (i) whether the flight is taking off or landing,

    • (ii) whether the flight is civilian or military, and

    • (iii) whether the flight is local or itinerant; and

  • (g) the runway used.

• (2) The operator must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column I of Part I.1 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 21.2 (1) The operator of an airport that is not owned by the Government of Canada must provide to the Minister information about the airport’s balance sheet and income statement, including

  • (a) its current assets;

  • (b) its capital assets;

  • (c) its current liabilities;

  • (d) its long-term liabilities;

  • (e) its revenues, broken down by source such as landing fees, terminal fees, parking fees, revenues from concessions and rent collected;

  • (f) its labour costs;

  • (g) its operating expenses;

  • (h) its taxes;

  • (i) its interest payments; and

  • (j) its depreciation.

• (2) If the operator does not produce a balance sheet for the airport, the operator must provide that information to the Minister instead of the information referred to in paragraphs (1)(a) to (d).

• (3) If the operator does not produce an income statement for the airport, the operator must provide that information to the Minister instead of the information referred to in paragraphs (1)(e) to (j).

• (4) An operator of multiple airports that does not keep separate accounts for each of its airports may provide the information required by subsections (1) to (3) in aggregate for all of its airports if the operator identifies the airports and indicates that separate accounts are not kept for each airport.

• (5) The operator must provide to the Minister the details relating to the information required by subsections (1) to (4) that are provided for in the form referred to in column I of Part I.2 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 22 (1) An air navigation undertaking must provide to the Minister the information that is required by the form set out in column I of each item of Part II of Schedule VI in respect of the quarterly and annual reporting periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 2(b) of Part II of Schedule VI must be audited.

• 22.1 (1) An air navigation undertaking must provide to the Minister information about each flight for which a flight plan was submitted electronically to an air navigation authority, including

  • (a) the date and time of the flight’s departure;

  • (b) the flight number, if any;

  • (c) the aircraft’s registration mark, if provided by its operator;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the International Civil Aviation Organization aircraft type designator for the aircraft;

  • (f) the origin and destination of each segment of the flight; and

  • (g) the NAV CANADA flight plan identifier.

• (2) An air navigation undertaking must provide to the Minister information about each flight that enters or exits Canadian-controlled airspace, other than airspace delegated to Canada, and for which the air navigation undertaking has surveillance data or other monitoring data for the period during which the flight is within the Canadian Domestic Airspace. The information must include

  • (a) the date of the flight;

  • (b) the flight number, if any;

  • (c) the aircraft’s registration mark, if provided by its operator;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the International Civil Aviation Organization aircraft type designator for the aircraft;

  • (f) the flight’s origin and destination;

  • (g) information as to whether the flight entered or exited; and

  • (h) the point of entry into or point of exit from Canadian-controlled airspace, as determined by the surveillance data or other monitoring data.

• (3) An air navigation undertaking must provide to the Minister the details relating to the information required by subsections (1) and (2) that are provided for in the form referred to in column I of Part III of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

• 22.2 (1) Subject to subsection (3), NAV CANADA must provide to the Minister the following information for each aircraft movement at an aerodrome, on a monthly basis:

  • (a) the name of the aerodrome where the movement took place;

  • (b) the date and time of the departure or arrival;

  • (c) the flight number or, if there is no flight number, the registration mark of the aircraft;

  • (d) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;

  • (e) the aircraft’s model;

  • (f) the aerodrome that the flight is arriving from or departing for;

  • (g) an indication of whether the aircraft is taking off or landing;

  • (h) the runway used; and

  • (i) an indication of whether the movement was conducted by visual flight rules or instrument flight rules.

• (2) The information required by subsection (1) must be provided using Transport Canada’s Electronic Collection of Air Transportation Statistics program within 30 days after the last day of the reporting period.

• (3) NAV CANADA must provide the information required by subsection (1) for the 90-day period beginning on the day on which this section comes into force, within 30 days after the last day of that period.

PART VIIDeep Waterway Undertakings

Interpretation

23 The definitions in this section apply in this Part.

deep waterway

deep waterway means a body of water the depth of which is at least 8.229 6 m (27 feet) or, in the case of lock sills, at least 9.144 m (30 feet). (voie en eau profonde)

deep waterway undertaking

deep waterway undertaking means a company incorporated under the laws of Canada or a province for the purpose of constructing, maintaining and operating a deep waterway. (entreprise de voie en eau profonde)

Information

• 24 (1) A deep waterway undertaking must provide to the Minister the information that is required by the form set out in column I of each item of Schedule VII in respect of the reporting period or periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) The information required by paragraph 5(b) of Schedule VII must be audited.

Part VIII [Reserved]

[25 and 26 reserved] DORS/99-328, art. 7.

PART IXGrain Handling Undertakings

Interpretation

27 In this Part, licensee, primary elevator, process elevator and terminal elevator have the meanings assigned to them in section 2 of the Canada Grain Act.

Application

28 This Part applies to a licensee who operates the following elevators at which grain is handled:

• (a) one or more primary elevators in the Western Division, if the total amount of grain handled at those primary elevators in a crop year is 100,000 tonnes or more;

• (b) a terminal elevator; or

• (c) a process elevator.

Information Provided by a Licensee

Financial Information

29 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister the operating expenses in relation to its grain handling activities for the elevator or the aggregate of elevators, in respect of each fiscal year of the licensee.

• 30 (1) A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to capital assets used for grain handling, in respect of each fiscal year of the licensee, information regarding the following categories of capital assets:

  • (a) buildings;

  • (b) land;

  • (c) machinery and equipment;

  • (d) vehicles;

  • (e) railway sidings; and

  • (f) any other category of capital assets related to the handling of the grain.

• (2) The information to be provided for each category must include

  • (a) historical costs;

  • (b) accumulated depreciation;

  • (c) net book value at the beginning of the fiscal year;

  • (d) additions;

  • (e) disposals;

  • (f) depreciation; and

  • (g) net book value at the end of the fiscal year.

• 31 (1) A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to its grain handling activities in each fiscal year of the licensee, a statement of

  • (a) its net revenue for the handling of grain that the Canadian Wheat Board has authority to market and its net revenue for the handling of all other grains; and

  • (b) the benefits, including the monetary benefits, that are associated with those net revenues and given to producers as a means of sharing present or anticipated gains in the efficiency of the grain handling and transportation system.

• (2) The value of the monetary benefits paid or credited to producers shall be expressed, if reasonably quantifiable, in dollars.

32 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide to the Minister, in relation to its grain handling activities in each fiscal year of the licensee, a statement of marine demurrage charges paid in respect of grain that the Canadian Wheat Board does not have authority to market.

33 A licensee who operates a primary elevator in the Western Division, or a terminal elevator, must provide the financial information referred to in sections 29 to 32 by no later than 120 days after the end of the fiscal year of the licensee.

34 If the financial information provided by a licensee under any of sections 29 to 32 includes estimates, allocations or apportionments, the licensee shall provide a description of the basis for them.

35 Financial information provided in respect of a licensee under this Part shall be

• (a) based on the licensee’s accounting records; and

• (b) if applicable, prepared in accordance with generally accepted accounting principles.

Operational Information

• 36 (1) A licensee who operates a primary elevator in the Western Division must provide to the Minister the information that is required by the form set out in column I of each item of Part I of Schedule IX in respect of the reporting period set out in column II of the item by no later than the day set out in column III of that item.

• (2) A licensee who operates a process elevator must provide to the Minister the information that is required by the form set out in column I of the item of Part II of Schedule IX in respect of the reporting period set out in column II of the item by no later than the day set out in column III of that item.

• (3) When a licensee provides the information referred to in subsection (1) or (2) to the Canadian Grain Commission under section 26 or 27 of the Canada Grain Regulations and the licensee authorizes the Commission to transmit that information to the Minister, the information is considered to have been provided to the Minister.

• (4) A licensee who operates one or more terminal elevators must provide to the Minister, in relation to its grain handling activities in each crop year, the operating statistics of each terminal elevator.

37 A licensee who operates one or more primary elevators in the Western Division must provide to the Minister, in relation to each of its elevators at which 25 or more cars can be accommodated on the siding for the elevator, for each crop year, the following information:

• (a) the number of cars that can be accommodated on the siding for the elevator;

• (b) the number of times 25 or more cars were loaded and shipped together in a block, during the crop year; and

• (c) the proportion of traffic during the crop year that moved from the elevator in blocks.

38 [Repealed, SOR/2002-355, s. 2]

PART XPort Authorities

Interpretation

39 In this Part, port authority means a port authority set out in the schedule to the Canada Marine Act.

Information

• 40 (1) A port authority must provide to the Minister the information that is required by the form set out in column I of each item of Schedule X in respect of the reporting period or periods set out in column II of the item by no later than the corresponding day set out in column III of that item.

• (2) A port authority must provide to the Minister information about the characteristics of the port, including

  • (a) the length of the berths;

  • (b) the area of the storage space at each terminal; and

  • (c) the equipment at each terminal.

• (3) A port authority must provide to the Minister the details relating to the information required by subsection (2) that are provided for in the form referred to in column I of Schedule XI for the reporting period set out in column II before the end of the day set out in column III.

PART XICanada Border Services Agency

Information

• 41 (1) The Canada Border Services Agency must provide to the Minister, before the end of 90 days after the end of the month in which it is collected,

  • (a) the information it collects on the following forms when a vessel on a voyage that starts, stops or terminates at a port in a foreign country is at any Canadian port at which the vessel stops during the voyage:

    • (i) General Declaration, form A6, published by the Canada Border Services Agency, and

    • (ii) Freight/Cargo Manifest, form A6A, published by the Canada Border Services Agency; and

  • (b) in the case of the import or export of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods, if that number is reported to the Agency by the importer, exporter or carrier or by an agent of the importer, exporter or carrier.

• (2) The Canada Border Services Agency must provide to the Minister the information reported under any of the following provisions before the end of 90 days after the end of the month in which the information is reported:

  • (a) sections 12, 32 to 32.3, 95 and 95.1 of the Customs Act; and

  • (b) the provisions of any regulations made under section 12.1 of the Customs Act.

[42 to 49 reserved]

PART XIICanadian Air Transport Security Authority

Information

• 50 (1) Subject to subsection (3), the Canadian Air Transport Security Authority must provide to the Minister the following information for each passenger screening checkpoint at an airport where boarding pass scanning technology is available, for each 15-minute period, on a monthly basis:

  • (a) the airport’s International Air Transport Association (IATA) airport code;

  • (b) the name of the passenger screening checkpoint and whether the screening checkpoint is designated for domestic flights, flights to the United States or other international flights;

  • (c) the date;

  • (d) the start and end time of the 15-minute period;

  • (e) the average wait time for a passenger to reach the passenger screening checkpoint;

  • (f) the greatest number of lanes used to screen passengers; and

  • (g) the number of passengers screened.

• (2) The information required by subsection (1) must be provided using Transport Canada’s Electronic Collection of Air Transportation Statistics program within 30 days after the last day of the reporting period.

• (3) The Canadian Air Transport Security Authority must provide the information required by subsection (1) for the 90-day period beginning on the day on which this section comes into force, within 30 days after the last day of that period.

PART XIIIClass 1 Rail Carriers

Interpretation

51 The following definitions apply in this Part.

class 1 rail carrier

class 1 rail carrier has the same meaning as in section 6 of the Act. (transporteur ferroviaire de catégorie 1)

class I rail carrier

class I rail carrier has the same meaning as in section 8. (transporteur ferroviaire de catégorie I)

class II rail carrier

class II rail carrier has the same meaning as in section 8. (transporteur ferroviaire de catégorie II)

FSAC

FSAC means the five-digit Freight Station Accounting Code. (FSAC)

SPLC

SPLC means the Standard Point Location Code. (CULD)

STCC

STCC means the seven-digit standard transportation commodity code. (CTBT)

Report to Minister — Traffic Information

• 52 (1) A class 1 rail carrier that is also a class II rail carrier and earns revenue in Canada for the reporting period must provide to the Minister a report by electronic means that sets out the following information with respect to any traffic that is moved by railway car:

  • (a) the code that identifies the rail carrier;

  • (b) the year and the month during which the rail carrier reports having earned revenue from the movement;

  • (c) the SPLC or FSAC of the location in Canada where the movement originated;

  • (d) the originating province of Canada or state of Mexico or the United States of the movement;

  • (e) the SPLC or FSAC of the location where the movement terminated in Canada;

  • (f) the destination province of Canada or state of Mexico or the United States of the movement;

  • (g) for traffic that did not originate on the reporting rail carrier’s Canadian network, the SPLC or FSAC of the location where the traffic entered the rail carrier’s Canadian network, as well as the name and identification code of the rail carrier that handed the traffic to the reporting rail carrier;

  • (h) for traffic that did not terminate on the reporting rail carrier’s Canadian network, the SPLC or FSAC of the location where the traffic left the rail carrier’s Canadian network, as well as the name and identification code of the rail carrier that received the traffic from the reporting rail carrier;

  • (i) the SPLC or FSAC of the location where the traffic crossed the border from the United States to Canada and, in the case of an FSAC, the name of the rail carrier that made the crossing, if applicable;

  • (j) the SPLC or FSAC of the location where the traffic crossed the border from Canada to the United States and, in the case of an FSAC, the name of the rail carrier that made the crossing, if applicable;

  • (k) the code that identifies the rail carrier that originated the traffic, if it originated in Canada;

  • (l) the code that identifies the rail carrier that terminated the traffic if the destination is in Canada;

  • (m) the identifier for a movement that is subject to the Transportation of Dangerous Goods Regulations;

  • (n) the STCC of the commodities;

  • (o) the equipment type code, taken from the Association of American Railroads codes, indicating the details of the equipment used in the movement;

  • (p) the number of railway cars involved in the movement;

  • (q) the number of containers, if any, involved in the movement;

  • (r) the amount in tons of goods carried in the movement;

  • (s) the intermodal flag indicating that the traffic is containerized;

  • (t) the Hazardous Materials Response Code assigned to the goods by the United States Bureau of Explosives and defined in the Hazardous Materials Shipping Descriptions Data Base of the Association of American Railroads, if applicable; and

  • (u) the distance in miles of the movement by the rail carrier on its Canadian network.

• (2) The rail carrier must provide the report to the Minister on a monthly basis, no later than the last day of the month following the month to which the information relates.

• (3) The first report is to be provided for the month in which this section comes into force.

Report to Minister — Waybill Information

• 53 (1) A class 1 rail carrier that is also a class I rail carrier must provide to the Minister by electronic means a report that sets out the following information with respect to any traffic that is moved by a railway car:

  • (a) the name of the shipper;

  • (b) the name of the owner of the railway car;

  • (c) the letters and number that identify the railway car;

  • (d) an indication as to whether the railway car moves in a block that receives an incentive and if it does, the number of railway cars moved together as the block for which the incentive is received;

  • (e) an indication as to whether the traffic was, based on the rail origin, transferred from a truck or vessel or, based on the rail destination, transferred to a truck or vessel;

  • (f) the date and time at which the movement of the railway car begins and ends;

  • (g) the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province of Canada or state of Mexico or the United States in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;

  • (h) the STCC of the commodities, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;

  • (i) if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the United States Bureau of Explosives;

  • (j) an indication as to whether the rate that applies in respect of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;

  • (k) an indication as to whether a long‑haul interswitching rate applies by order in respect of the traffic;

  • (l) an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the traffic, and if so, the volume in respect of which the undertaking was made;

  • (m) the gross waybill revenue earned for the movement of the railway car and the number of miles in respect of which the revenue is derived;

  • (n) the portion of the gross waybill revenue earned by the class 1 rail carrier for the movement of the railway car and the number of miles in respect of which the portion is derived;

  • (o) the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the movement of the railway car in Canada and the number of miles in respect of which that revenue is earned;

  • (p) the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);

  • (q) an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;

  • (r) each type of train that the railway car is part of;

  • (s) the unique alphanumeric identification code of each train that the railway car is part of;

  • (t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement begins and ends and the distance travelled by the railway car;

  • (u) the date recorded on the waybill;

  • (v) the date the rail carrier reports having earned the revenue;

  • (w) the unique identifier of the waybill;

  • (x) the ownership type of the railway car, by category, including by the reporting rail carrier, another rail carrier, the shipper or other entity;

  • (y) in the event that the origin of the movement is in Canada, details that enable the identification of the originating facility, such as consignee, care of party, care of customer, operating customer or the GPS coordinates of the facility; and

  • (z) in the event that the destination of the movement is in Canada, details that enable the identification of the terminating facility, such as consignee, care of party, care of customer, operating customer or the GPS coordinates of the facility.

• (2) The rail carrier must provide the report to the Minister on a monthly basis, no later than the last day of the month following the month to which the information relates.

• (3) The first report is to be provided for the month in which this section comes into force.

Report to Minister — Service and Performance Information

• 54 (1) A class 1 rail carrier that is also a class I rail carrier must provide to the Minister by electronic means a report that sets out the following service and performance information with respect to rail traffic moving on its network during the reporting week:

  • (a) the daily average number of loaded cars and intermodal containers online;

  • (b) the daily average number of empty cars and intermodal containers online;

  • (c) the daily average number of total cars and intermodal containers online, both loaded and empty;

  • (d) the daily average number of loaded cars and intermodal containers not moving at origin;

  • (e) the daily average number of loaded cars and intermodal containers not moving en route;

  • (f) the daily average number of loaded cars and intermodal containers not moving at destination;

  • (g) the daily average number of loaded cars and intermodal containers not moving by major destination area;

  • (h) the daily average number of empty cars and intermodal containers not moving;

  • (i) the average dwell time at origin;

  • (j) the average dwell time at destination;

  • (k) the average terminal dwell time;

  • (l) the segment transit time;

  • (m) the average velocity;

  • (n) the locomotive fleet status; and

  • (o) the number of available railway operating employees.

• (2) Instead of providing the report set out in subsection (1), the BNSF Railway Company must provide to the Minister by electronic means a report that includes the information set out in paragraphs (1)(a), (b), (c) and (k).

• (3) The rail carriers referred to in subsections (1) and (2) must provide the report to the Minister on a weekly basis, for the period from Monday to Sunday, no later than 5 p.m. Eastern Time, on the Wednesday following the week to which the information relates.

• (4) The first report is to be provided for the first full week of activity following the day on which this section comes into force.

55 The information referred to in section 54 is to be reported in accordance with the methodologies and requirements set out in Schedule XII.