S-3 1 37 49-50 Elizabeth II 2001

An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts

Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts,

An Act to amend the

Motor Vehicle Transport 2001 6 14 13 2001 90069

SUMMARY

This enactment modernizes and streamlines the regulation of extra-provincial motor carrier (truck and bus) undertakings in Canada, building on the reforms introduced in the Motor Vehicle Transport Act, 1987 . The objective is a consistent national regime for motor carriers focused on carrier safety regulation. The key components of the enactment include

(

a) a national regulatory framework for provincial administration of a safety performance-based regime for extra-provincial motor carriers, based on the national safety standards developed by the governments of Canada and the provinces in consultation with industry and embodied in the National Safety Code for Motor Carriers;

(

b) provision for national policy direction supporting the implementation of that framework; and

(

c) provision for international arrangements for mutual recognition of carrier safety performance assessment.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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

MOTOR VEHICLE TRANSPORT ACT, 1987

Section 1 of the Motor Vehicle Transport Act, 1987 is replaced by the following:

Short title

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

(1) The

definitions extra-provincial truck transport , local truck transport , local truck undertaking and provincial transport board in subsection 2(1) of the Act are repealed.

(2) The definition prescribed in subsection 2(1) of the English version of the Act is repealed.

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

extra-provincial motor carrier undertaking

entreprise extra- provinciale de transport routier

extra-provincial motor carrier undertaking means an extra-provincial bus undertaking or an extra-provincial truck undertaking;

provincial authority

autorité provinciale

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

Section 3 of the Act and the heading before it are replaced by the following:

OBJECTIVES

Statement of objectives

(1) The objectives of this Act are to ensure that the National Transportation Policy set out in

section 5 of the Canada Transportation Act is carried out with respect to extra-provincial motor carrier undertakings, and, more specifically, that

(

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

(

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

Statements of policy by Governor in Council

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

Provincial authority to comply with guidelines

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

Power to conduct research

3.1

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

ARRANGEMENTS

Agreements

3.2

(1) The Minister may, after consultation with the provinces and on the terms and conditions that the Minister may specify, enter into agreements in support of the objectives set out in

section 3 with provincial governments or with other persons or bodies.

International arrangements

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

Section 4 of the Act and the headings before it are replaced by the following:

BUS TRANSPORT

Operating Licences

Operation without licence prohibited

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

1992, c. 1, s. 144(1), Sch. VII, item 40(

F) Sections 5 to 10 of the Act are replaced by the following:

Issue of licence

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

Tariffs and Tolls

Tariffs and tolls

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

EXTRA-PROVINCIAL MOTOR CARRIER SAFETY

Operation without safety fitness certificate prohibited

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

Form of certificate

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

Applicable safety laws

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

Issuance of safety fitness certificate

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

Certificate valid throughout Canada

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

Review of decisions with respect to safety fitness certificates

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

(

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

(

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

Withdrawal of power to issue safety fitness certificates

(1) If the Minister is satisfied after consultation with the provinces that the provincial authority in a province is not issuing safety fitness certificates in accordance with this Act, the Minister may, by order, withdraw its power to issue such certificates.

Effective date of withdrawal

(2) An order made under subsection (1) takes effect on the date of its publication in the Canada Gazette .

Undertaking that holds a certificate

(3) An extra-provincial motor carrier undertaking that holds a safety fitness certificate issued by a provincial authority whose power to issue certificates under this

section has been withdrawn shall, not later than sixty days after publication of an order made under subsection (1), file a declaration with another provincial authority that the undertaking is subject to supervision by it.

Reinstatement

If the Minister is satisfied that a provincial authority referred to in subsection 9(3) has remedied its default and established a plan to ensure that the default does not recur, the Minister shall, by order, revoke the order made under subsection 9(1).

Section 16 of the Act and the headings before it are replaced by the following:

EXEMPTIONS, REGULATIONS, FOREIGN CARRIERS AND OFFENCE AND PUNISHMENT

Exemptions

Exemptions

(1) The Minister may, after consultation with the provinces that would be affected by a proposed exemption, exempt from the application of any provision of this Act or the regulations, either generally or for a limited period or in respect of a limited area, any person, the whole or any part of any extra-provincial motor carrier undertaking or any class of those undertakings, if in the opinion of the Minister the exemption is in the public interest and is not likely to affect motor carrier safety.

Terms and conditions

(2) An exemption under subsection (1) is subject to any terms or conditions that the Minister may specify in it.

Regulations

Regulations

16.1

(1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the provinces that would be affected by the proposed regulation, make regulations for the attainment of the objectives of this Act and, in particular, regulations

(

a) prescribing classes of extra-provincial motor carrier undertakings for the purposes of this Act, or any or all regulations under this Act;

(

b) respecting the criteria according to which provincial authorities may issue safety fitness certificates under

section 8;

(

c) prescribing analogous documents for the purpose of subsection 7(1);

(

d) respecting the safe operation of extra-provincial motor carrier undertakings including regulations respecting audit, inspection, entry on premises and the provision of information;

(

e) prescribing the criteria relating to the fitness of an extra-provincial motor carrier undertaking to hold a safety fitness certificate issued under

section 8;

(

f) prescribing the type, amount and conditions of insurance and bonding coverage required to be held by an extra-provincial motor carrier undertaking;

(

g) prescribing the information that applicants, extra-provincial motor carrier undertakings and provincial authorities must provide to the Minister, to other provincial authorities or to foreign states or agencies of those states;

(

h) prescribing the conditions of carriage and the limitations of liability that apply with respect to extra-provincial motor carrier undertakings; and

(

i) restricting or otherwise governing the release of pollutants into the environment from the operation of vehicles operated by extra-provincial motor carrier undertakings.

Incorporation by reference

(2) A regulation made under subsection (1) may incorporate by reference all or any portion of another document, as amended from time to time, including

(

a) a standard relating to the safe operation of a motor carrier undertaking; and

(

b) the law of a province relating to motor vehicle undertakings.

1995, c. 5, par. 25(1)(

u) Section 17 of the Act is replaced by the following:

Unfair practices

(1) If the Minister is of the opinion that a government in a foreign state has engaged in unfair, discriminatory or restrictive practices with regard to Canadian extra-provincial motor carrier undertakings that operate in that state or between that state and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs, seek elimination of those practices through consultations with that state.

Order in Council

(2) If the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister and the Minister of Foreign Affairs made after consultation by the Minister with the provinces that would be affected by the proposed order, notwithstanding anything in this Act or any other Act of Parliament, by order, subject to any conditions that may be specified in the order,

(

a) prohibit or restrict the issuance of a safety fitness certificate under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier;

(

b) direct any provincial authority to suspend a safety fitness certificate issued under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier; and

(

c) direct any provincial authority to reinstate a safety fitness certificate suspended in accordance with a direction issued under paragraph ( b ).

Compliance

(3) A provincial authority to which an order applies shall comply with it.

The Act is amended by adding the following after

section 20:

Venue

20.1

A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

Sections 22 to 35 of the Act are replaced by the following:

Proof of documents

In any proceedings for an offence under this Act, any document purporting to be certified by a provincial authority to be a true copy of any order or direction made by it is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence of the original document of which it purports to be a copy.

TRANSITIONAL PROVISIONS

Deeming

If an extra-provincial motor carrier undertaking is, on the day immediately before the coming into force of this section, authorized to operate within a province, the undertaking is deemed to hold a safety fitness certificate issued under

section 8.

Pending applications

(1) An application for a licence made under

section 8, as that

section read before the coming into force of this section, and pending on the day immediately before that coming into force, is deemed to have been made under

section 8 of this Act.

Pending applications — bus transport

(2) Every application for a licence made under

section 5 with respect to bus transport that is pending on the day immediately before the coming into force of this section, is deemed to be an application made under sections 5 and 8.

ANNUAL REPORT

Report to Parliament

(1) The Minister shall prepare an annual report and cause a copy of it to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister completes it.

Content of annual report

(2) The annual report of the Minister shall contain the following in respect of the year:

(

a) the available statistical information respecting trends of highway accidents in Canada involving motor vehicles operated by extra-provincial bus undertakings and extra-provincial truck undertakings reported separatly for bus undertakings and truck undertakings; and

(

b) a progress report on the implementation of rules and standards respecting the safe operation of extra-provincial bus undertakings and of extra-provincial truck undertakings.

REVIEW OF PROVISIONS

Review

(1) The Minister shall, after the expiry of four years after the coming into force of this

section and before the expiry of five years after that coming into force, undertake and complete a comprehensive review of the operation and effect of the amendments to this Act contained in

An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts and shall, without delay, prepare a report with respect to that review.

Minister to make report available

(2) The Minister shall make the report available to the Council of Ministers Responsible for Transportation and Highway Safety at the next meeting of the council after its completion.

Tabling of report

(3) The Minister shall cause a copy of the report to be laid before each House of Parliament during the first thirty sitting days of that House following its completion.

CONSEQUENTIAL AMENDMENTS

R.S., c. E-9

Energy Supplies Emergency Act

1996, c. 10, s. 218

Section 38 of the Energy Supplies Emergency Act is replaced by the following:

Motor transport

In respect of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act , the Board may authorize the operation of the undertaking for the transport of a controlled product notwithstanding any provision of that Act or the Canada Transportation Act or any regulations made pursuant to either of those Acts.

R.S., c. E-15

Excise Tax Act

Subparagraph ( b )(iii) of the definition specified supply in

section 364 of the Excise Tax Act , as enacted by

section 242 of

An Act to amend the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Act, the Debt Servicing and Reduction Account Act and related Acts ,

chapter 10 of the Statutes of Canada, 1997, is replaced by the following:

(iii)

made by a person who operates an extra-provincial bus undertaking (within the meaning assigned by subsection 2(1) of the Motor Vehicle Transport Act );

R.S., c. G-10

Canada Grain Act

R.S., c. 29 (3rd Supp.), s. 25

The definition public carrier in

section 2 of the Canada Grain Act is replaced by the following:

public carrier

transporteur public

public carrier means any railway company, any operator of an extra-provincial truck undertaking within the meaning of the Motor Vehicle Transport Act and any owner or operator of a ship;

COMING INTO FORCE

Coming into force

The provisions of this Act, and the provisions of any Act that are enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.