Aacts Transport Services

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Jeff

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Aug 3, 2024, 5:20:01 PM8/3/24
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The Minister of Transport is responsible for serving the public interest through the promotion of a safe and secure, efficient and environmentally responsible transportation system in Canada. The Minister has responsibilities under 74 pieces of legislation and has primary responsibility for 50.

In 1988, this Act repealed the Air Canada Act. It provides for the continuance of Air Canada under the Canada Business Corporations Act. In essence, the Act privatized Air Canada, which had been a Crown corporation since 1937.

Allows the Minister of Transport to indemnify one or more aviation industry participants, or one or more classes of aviation industry participants, against their loss or damage that is caused by an event. The Act outlines the terms and limits of indemnification powers.

Is the principal legislation which, among other things, protects the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce; protects the marine environment from damage due to navigation and shipping activities; promotes safety in marine transportation and recreational boating; promotes an efficient marine transportation system; and develops a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters.

Established the Canadian Air Transport Security Authority (CATSA) as a Crown corporation and charged it with protecting the public through effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control, as well as the belongings or baggage that they give to an air carrier for transport.

Allows the Canadian National Railway Company to construct and complete buildings, structures, tracks, sidings, connections, yards, improvements, equipment and appliances for the movement and handling of every kind of traffic at and in the vicinity of the City of Toronto.

Provides protections for navigation on all navigable waters in Canada and provides oversight in navigable waters. The Act authorizes the Minister of Transport to address obstructions on all navigable waters and requires ministerial approval for all major works that significantly impact navigation. The Act also simplifies the process by which navigable waters could be added to the Schedule from its predecessor Act, the Navigation Protection Act.

Allowed for the privatization of the Canadian National Railway Company (CN), which was a Crown corporation. The law sets out a framework for the restructuring and regulations of CN as a private entity.

Creates a regulatory framework for the construction and alteration of international bridge crossings and tunnels. Under the Act, the approval of the Governor in Council is necessary for such projects.

Enacts the provisions of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.

Authorized the Minister of Transport to purchase CN Marine Inc. from the Canadian National Railway Company and changed the name of the new Crown corporation from CN Marine Inc. to Marine Atlantic Inc.

Empowers the Governor in Council to make regulations respecting the security of marine transportation. Inspectors, under the authority of the Minister of Transport, are mandated with the enforcement of the Act and the regulations made under the Act.

Authorizes the Minister of Transport to enter into agreements, in the form and containing terms and conditions, that can be prescribed by regulations or approved by the Governor in Council, for the insurance or reinsurance by the Minister, against any or all war risks of vessels or cargo. The Act secures that ships are not laid up and that commerce is not interrupted by reason of lack of insurance facilities.

Allows the Governor in Council, on the advice of the ministers of Transport and Natural Resources, to make regulations prescribing a fuel consumption standard for any class of motor vehicle for any year.

Regulates the manufacturing and importation of motor vehicles and motor vehicle equipment to reduce the risk of death, injury and damage to property and the environment. Section 11 of the Act enables the Governor in Council to make regulations for the purpose of carrying out the provisions of this Act.

Ensures 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 along with creating a regulatory regime for safety performance assessments. The Act also reconciles operating standards to ensure that the application thereof are consistent throughout Canada.

Legislates certain provisions of the Wages Liability Act applying to the contractors and subcontractors constructing the Eastern Division of the National Transcontinental Railway. The Agreement to construct the National Transcontinental Railway is legislated within the Act.

Authorizes the Minister of Transport to sell the Northern Transportation Company Limited, a corporation which would thereafter be continued under the Canada Business Corporations Act. The Act also clarifies certain of processes and powers of the Minister of Transport in relation to the sale of the company.

Allows the Minister of Transport to enter into agreements to provide for the operation, construction, etc. of the crossing. The Act also mandates that a subsidy be paid out of the Consolidated Revenue Fund for the operation of the bridge and in accordance with an agreement. Section 9 of the Act also enables the Minister of Transport, with the approval of the Governor in Council, to make regulations prescribing the manner of calculating tolls, fees or other charges.

Provides the framework for the regulation and provision of maritime pilotage services in Canada. The Act also created the various pilotage authorities that operate in Canada and mandates that those pilotage authorities report back to Parliament.

Allows the Governor in Council to make regulations that authorize the Minister of Transport to make payments for transportation-area studies with funds from parliamentary appropriations. The legislation touches on the Joint Urban Development Transportation Plans, which has received the approval of all governments in the area in which the application is for.

Promotes and provides for the safety and security of all stakeholders in the railway sector; encourages collaboration amongst interested parties in improving safety and security; mandates the use of safety management systems to manage risks; and provides for a modern and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.

Authorizes the Governor in Council to designate a corporation incorporated under the Canada Not-for-Profit Corporations Act as the Designated Screening Authority solely responsible for providing aviation security screening services; authorizes Canadian Air Transport Security Authority (CATSA) to sell or dispose of its assets and liabilities to the Designated Screening Authority; regulates the establishment, imposition and collection of charges related to the provision of security screening services; and provides for the winding-up of CATSA. The Designated Screening Authority will be a non-share capital corporation that is owned and controlled by the private sector.

Exempts certain shipping conference practices from the provisions of the Competition Act. The Minister of Transport can designate any organization or association of shippers as representing the interests of those shippers.

Establishes the framework for the regulation of the transportation of dangerous goods. The Act creates a schedule with types of products and classifications for each type of substance. The Act also enables the Governor in Council to make regulations for the purpose of carrying out the provisions of the Act.

Allows United States vessels and wrecking appliances to salve any property wrecked and to render aid and assistance, including all necessary towing incident thereto to any vessels wrecked, disabled or in distress in the waters of Canada contiguous to the United States.

Seeks to protect coastal and shoreline communities, the environment and infrastructure. It also seeks to reduce the burden on taxpayers. This legislation is a core element of the national strategy on abandoned and wrecked vessels, in the context of the Oceans Protection Plan. It strengthens vessel owner liability and explicitly prohibits vessel abandonment. It empowers the Minister of Transport to order the removal of dilapidated vessels left on Crown property and authorizes the transfer of abandoned vessels to third parties. The legislation also establishes an enforcement regime that authorizes the issuance of administrative monetary penalties, establishes regulatory offences and sets out a penalty regime that is intended to deter non-compliance.

Empowers the Minister of Employment and Social Development Canada and the Minister of Transport joint responsibility towards the enforcement of the Act and the development of regulations that pertain to the enforcement of the Act.

Enacts the Agreement on Land, Marine and Air Transport Preclearance between the Government of Canada and the Government of the United States. The legislation also makes consequential amendments to other Acts in order to implement the Agreement.

Gives Canadian citizens, permanent residents and any person or corporation present in Canada a right to access records from government institutions that are subject to the Act. Generally, the department has 30 days for a legal response from the date of receipt of an official request.

Consolidates certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes and lockouts, occupational safety and health, and some employment standards. The provision relevant to the Minister of Transport is 157(3).

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