PART 4 – DIVISION 22 CLAUSE-BY-CLAUSE
Clause 436
This clause adds a new section 6.11 to the Canada Transportation Act (the Act) to specify that the Governor in Council may designate, by regulations, a person for the purposes of subsections 50(1.001), and 51(1), (3) and (4).
This would allow a designated person to receive and share information to ensure the proper functioning of the national transportation system.
Clause 437
This clause adds a new section 47.1 that provides the Governor in Council authority to make regulations requiring air carriers to publish information regarding their performance on their website.
Clause 438
This clause authorizes the Minister to delegate their powers or duties under the Act, either generally or as otherwise provided in the instrument of authorization, by adding a new section 48, under the heading “Minister”.
It also creates a new subsection 48.1 to allow the Minister to make regulations respecting fees and charges to be paid to the Minister in relation to the administration and enforcement of this Act.
Clause 439
This clause creates a new subsection 50 (1.001) that would require that persons referred to under the Act, users of the national transportation system other than passengers, the Minister and persons designated by the Minister, share information among themselves to ensure the proper functioning of the national transportation system or increasing its efficiency.
It also replaces the existing subsection 50(3) to confirm that no regulation made under the new subsection 50(1.001) shall require any person to provide a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 53 of the Canada Marine Act.
Clause 440
This clause amends subsections 51 (1), (2), (3) and (4) to ensure the confidentiality of information provided to the Minister or a designated person, while allowing for the communication of certain and prescribed information to persons referred to in subsection 50(1.1) or users, other than passengers, of the national transportation system, or the communication of information prescribed in regulations.
Clause 441
This clause amends subsection 51.1 to provide the Minister with authority to make public service and performance indicators about class 1 rail carriers.
In addition, it adds new section 51.11 to require that any information required to be provided by subsection 50 (1.001) be kept confidential and not be knowingly disclosed, and that persons identified in subsection 50(1.1) or any other users (except passengers) must ensure that procedures and physical measures are taken to ensure the ongoing confidentiality of this information.
Clause 442
This clause gives the Minister the authority to order any persons referred to in subsection 50(1.1) and users of the national transportation system, other than passengers, to provide information to the Minister, if he or she is of the opinion that there is an unusual and significant disruption to the effective continued operation of the national transportation system. It does so by adding subsection 51.5(1).
With the additions of subsections 51.5(2), (3) and (4), this clause requires that any order is temporary and may not exceed 90 days, confirms that this order is not a statutory instrument, and allows the Minister to disclose information provided under this section for the purposes of mitigating or resolving the disruption.
Clause 443
This clause amends section 127 of the Canada Transportation Act to extend the interswitching limit in the Prairie Provinces. The clause provides the Agency the authority to order railway companies to interswitch traffic at an interchange in Alberta, Manitoba, or Saskatchewan if the point of origin or destination of the movement is within Alberta, Manitoba, or Saskatchewan and is located within a radius of 160km of the interchange, but outside of a radius of 30 km of the interchange. It also provides that such traffic may only be transferred at the interswitching rate, and in accordance with the Railway Interswitching Regulations. The clause also requires certain railways to submit certain information to the Minister in order to permit the Minister to assess the effects and application of subsections 127(2.1) and 127(5).
Clause 444
This clause amends section 127.1 of the Canada Transportation Act to require that, within 90 days, the Agency must determine the rate per car to be charged for interswitching traffic moved in accordance with section 127 (2.1) and 127 (5), as laid out in clause 8. This enables an interswitching rate to be in place for the remainder of the calendar year when those provisions enter into force. The Agency must also publish the rate and the method that it followed for determining the rate on its Internet site.
Clause 445
This clause introduces a sunset provision so that the amendments introduced in clause 8, 9 and 10 will be repealed after 18 months.
Clause 446
This clause adds a new subsection 177(2.001) to state that the contravention of any provision of a regulation made under section 47.1 or subsection 50(1.001), of any provision of an order made under subsection 51.5(1) or of subsections 51(1), (3), (4) and 51.11(1) and (2), may be proceeded with as a violation in accordance with sections 179 and 180, and that the maximum amount payable for each violation would be $100,000.
Clause 447
This clause amends subsection 178(1) to include reference to new subsection 177 (2.001), allowing for the Minister to designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation under this new subsection and establish the form and content of notices of violation.
Clause 448
This clause amends subsection 178.1(1) to establish the powers of enforcement officers when verifying compliance or preventing non-compliance with any provision of this Act or of any regulation, order or direction made under this Act.
Clause 449
This clause amends section 179 of the Act by adding a new subsection 179 (4) that states that any violation on more than one day constitutes a separate violation for each day on which it is committed or continued.
Clause 450
This clause amends subsection 180.8(2) to allow the Minister to delegate to the Agency any power, duty or function conferred on him or her, in relation to a violation referred to in subsection 177(2.001).