Short Title

Marginal note:Short title

1 This Act may be cited as the Motor Vehicle Transport Act, 1987.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  extra-provincial bus transport

  extra-provincial bus transport means the transport of passengers or passengers and goods by means of an extra-provincial bus undertaking; (transport extra-provincial par autocar)

  extra-provincial bus undertaking

  extra-provincial bus undertaking means a work or undertaking, for the transport of passengers or passengers and goods by bus, that connects a province with any other or others of the provinces or extends beyond the limits of a province; (entreprise extra-provinciale de transport par autocar)

  extra-provincial truck transport

  extra-provincial truck transport means the transport of goods by means of an extra-provincial truck undertaking; (camionnage extra-provincial)

  extra-provincial truck undertaking

  extra-provincial truck undertaking means a work or undertaking, for the transport of goods by motor vehicle other than a bus, that connects a province with any other or others of the provinces or extends beyond the limits of a province; (entreprise de camionnage extra-provinciale)

  law of a province

  law of a province means a law of a province or municipality that provides for the control or regulation of the operation, in the province or municipality, of local bus undertakings or local truck undertakings; (loi d’une province ou loi provinciale)

  local bus transport

  local bus transport means the transport of passengers or passengers and goods by means of a local bus undertaking; (transport local par autocar)

  local bus undertaking

  local bus undertaking means a work or undertaking for the transport of passengers or passengers and goods by bus, not being an extra-provincial bus undertaking; (entreprise locale de transport par autocar)

  local truck transport

  local truck transport means the transport of goods by means of a local truck undertaking; (camionnage local)

  local truck undertaking

  local truck undertaking means a work or undertaking for the transport of goods by motor vehicle other than by bus, not being an extra-provincial truck undertaking; (entreprise de camionnage locale)

  Minister

  Minister means the Minister of Transport; (ministre)

  prescribed

  prescribed means prescribed by regulation under this Act;

  provincial transport board

  provincial transport board means a board, commission or other body or person having, under the law of a province, authority to control or regulate the operation of local bus undertakings or local truck undertakings. (office provincial)

• Marginal note:Interpretation

  (2) For the purposes of this Act, an extra-provincial bus undertaking or extra-provincial truck undertaking is operated in a province if it is operated into, in, across or out of the province.

Safety

Marginal note:Regulations

• 3 (1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the government of each province affected thereby, make regulations respecting the safe operation of extra-provincial bus undertakings or extra-provincial truck undertakings including, without limiting the generality of the foregoing, regulations respecting audit, inspection, entry on premises and the provision of information.

• Marginal note:Incorporation by reference

  (2) A regulation under subsection (1) may incorporate by reference the law of a province as amended from time to time.

• Marginal note:Prohibition

  (3) No person shall operate an extra-provincial bus undertaking or extra-provincial truck undertaking in contravention of any regulation made under subsection (1).

PART IBus Transport

Operating Licence

Marginal note:Operation without licence prohibited

4 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 Part.

Marginal note:Issue of licence

5 The provincial transport board 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

Marginal note:Tariffs and tolls

6 Where in any province tariffs and tolls for local bus transport are determined or regulated by the provincial transport board, the provincial transport board 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.

PART IITrucking

Operating Licence

Marginal note:Operation without licence prohibited

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

Marginal note:Issue of licence

• 8 (1) Subject to this section and to any regulations made pursuant to section 9, the provincial transport board in each province may issue a licence to a person to operate an extra-provincial truck undertaking in the province on the like terms and conditions and in the like manner as if the extra-provincial truck undertaking were a local truck undertaking.

• Marginal note:Idem

  (2) The provincial transport board in a province shall, in exercising its powers under subsection (1), issue a licence to operate an extra-provincial truck undertaking in that province to an applicant therefor who submits to the board prescribed evidence that the applicant meets the prescribed criteria relating to the fitness of the applicant to hold such a licence.

• Marginal note:Public hearings

  (3) Notwithstanding subsection (2), where under the law of a province the provincial transport board is authorized to hold a public hearing with respect to an application for a licence to operate a local truck undertaking, the board shall not hold a public hearing with respect to an application for a licence referred to in subsection (2) unless an interested person who objects to the issue of the licence provides the board with evidence that satisfies the board that, in the absence of evidence to the contrary, the operation of the extra-provincial truck undertaking in respect of which the licence is sought would likely be detrimental to the public interest.

• Marginal note:Objection by interested person

  (4) Notwithstanding subsection (2), where under the law of a province an interested person may object to the issue by the provincial transport board of a licence to operate a local truck undertaking, the provincial transport board is not required to issue a licence referred to in subsection (2) if an interested person objects to the issue of the licence and establishes to the satisfaction of the board that the operation of the extra-provincial truck undertaking in respect of which the licence is sought would likely be detrimental to the public interest.

• Marginal note:Implementation

  (5) In applying subsections (3) and (4), a provincial transport board shall

  • (a) give primary emphasis to the interests of users of transportation services, whether those services are provided by the undertaking or not; and

  • (b) have regard to any statement of public transportation policy issued by the Governor in Council after consultation by the Minister with the government of each province affected thereby.

• Marginal note:Limitation

  (6) Subject to subsection 10(3) but notwithstanding any other provision of this Part, after the day on which subsections (3) to (5) and paragraphs 9(1)(a) to (d) cease to have effect,

  • (a) a provincial transport board may not attach any restrictions or conditions to a licence issued under the authority of this Part; and

  • (b) the restrictions and conditions to which any licence issued under the authority of this Part is subject, except the condition referred to in subsection 10(3), shall cease to have effect.

Marginal note:Regulations

• 9 (1) The Governor in Council may, on the recommendation of the Minister made after consultation by the Minister with the government of each province affected thereby, make regulations

  • (a) prescribing restrictions or conditions to which licences issued under the authority of this Part shall be subject;

  • (b) requiring an applicant for a licence under this Part to furnish to the provincial transport board information respecting the applicant’s identity and service proposal;

  • (c) exempting corridor operations from the application of subsections 8(3) to (5);

  • (d) exempting from the application of subsections 8(3) to (5) the extra-provincial truck transport of such commodities as may be specified in the regulations;

  • (e) prescribing as the criteria relating to the fitness of an applicant to hold a licence issued under the authority of this Part

    • (i) the criteria set out in any agreement between the Government of Canada and the governments of all of the provinces, as amended from time to time, or

    • (ii) in the absence of any agreement referred to in subparagraph (i) or on failure to renew such an agreement, such criteria as the Governor in Council may consider necessary;

  • (f) authorizing any person or body to determine and certify whether an applicant for a licence under this Part meets, or the holder of a licence issued under the authority of this Part continues to meet, the requirements related to safety that are included in the criteria prescribed pursuant to paragraph (e) and to determine and certify the level at which the applicant or holder of the licence meets those requirements;

  • (g) prescribing the type, amount and conditions of insurance coverage and of bonding or suretyship coverage required to be held by an extra-provincial truck undertaking;

  • (h) prescribing any other matter or thing that by this Part is to be prescribed; and

  • (i) generally as may be necessary for the purposes and provisions of this Part.

• Marginal note:Fitness criteria

  (2) The criteria relating to the fitness of an applicant referred to in paragraph (1)(e) shall include requirements related to safety and insurance and may include requirements relating to bonding or suretyship coverage and to any other requirement relating to the fitness of an applicant to hold a licence.

Marginal note:Compliance with fitness criteria

• 10 (1) The holder of a licence issued under the authority of this Part shall not operate the undertaking in respect of which the licence was issued during any period during which the holder does not meet the criteria prescribed pursuant to paragraph 9(1)(e).

• Marginal note:Licence not transferable

  (2) A licence issued under the authority of this Part is not transferable.

• Marginal note:Condition

  (3) It is a condition of every licence issued under the authority of this Part that the holder thereof will comply with subsections (1) and (2) and any regulations made under subsection 3(1).

PART III

[Repealed, 1996, c. 17, s. 19]

PART IVExceptions and Enforcement

Exemption

Marginal note:Exemption

16 The Governor in Council may, by regulation, on the recommendation of the Minister made after consultation by the Minister with the government of each province affected thereby, exempt from the application of this Act or of any provision of this Act, 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 bus undertaking or extra-provincial truck undertaking, every extra-provincial bus undertaking or extra-provincial truck undertaking, any group or class of such undertakings or any extra-provincial bus transport or extra-provincial truck transport.

Foreign Carriers

Marginal note:Unfair practices

• 17 (1) Where the Minister is of the opinion that a government in a foreign country has engaged in unfair, discriminatory or restrictive practices with regard to Canadian carriers that transport goods by motor vehicle in that country or between that country and Canada, the Minister shall, with the concurrence of the Minister of Foreign Affairs, seek elimination of such practices through consultations.

• Marginal note:Order in Council

  (2) Where 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 government of each province affected thereby, notwithstanding this Act or any other Act of Parliament, by order,

  • (a) prohibit or restrict the issuance of any licence under the authority of this Act to any foreign carrier, all foreign carriers or any class of foreign carrier,

  • (b) direct any provincial transport board to amend or suspend any licence 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 transport board to reinstate any licence suspended in accordance with a direction issued under paragraph (b),

  subject to such terms and conditions as may be specified in the order, and a provincial transport board to which the order applies shall comply with the order.

Offence and Punishment

Marginal note:Offence

• 18 (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act is guilty of an offence punishable on summary conviction.

• Marginal note:Limitation

  (2) Any proceedings in respect of an offence under this Act may be commenced at any time within, but not later than, twelve months after the time when the subject-matter of the proceedings arose.

Marginal note:Punishment re individuals

• 19 (1) An individual who is convicted of an offence under this Act is liable to a fine not exceeding five thousand dollars.

• Marginal note:Punishment re corporations

  (2) A corporation that is convicted of an offence under this Act is liable to a fine not exceeding twenty-five thousand dollars.

Marginal note:Officers, etc., of corporations

20 Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.

Marginal note:Disposition of fines

21 A fine imposed under section 19 shall be paid over by the provincial court judge or officer receiving it to the treasurer of the province in which it was imposed.

Marginal note:Proof of documents

22 In any proceedings for an offence under this Act, any document purporting to be certified by the secretary of a provincial transport board to be a true copy of any order or direction made by the board 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.

PART VConsequential Amendments and Coming into Force

Repeal

23 [Repeal]

Energy Supplies Emergency Act

24 [Amendment]

Canada Grain Act

25 [Amendment]

National Transportation Act, 1987

26 [Amendments]

Transitional

Marginal note:Continuation of licences respecting bus undertakings

27 Every licence authorizing the operation of an extra-provincial bus undertaking that has been issued under the authority of the Motor Vehicle Transport Act and that is in effect on the day immediately before the day on which this Act, except section 26, comes into force shall be deemed to have been issued under the authority of Part I of this Act.

Marginal note:Intra-provincial bus transport

28 For greater certainty, every licence authorizing the operation of an extra-provincial bus undertaking between any two points in a province that purports to have been issued under a law of the province prior to the coming into force of this Act, except section 26, and that purports to be in effect on the day immediately before this Act, except section 26, comes into force shall be deemed to have been issued under the authority of Part I of this Act if that licence was issued to a person who at the time of issuance was the holder of a licence issued under the authority of the Motor Vehicle Transport Act in respect of the same extra-provincial bus undertaking.

Marginal note:Continuation of licences respecting truck undertakings

• 29 (1) Subject to subsection (2), every licence authorizing the operation of an extra-provincial truck undertaking that has been issued under the authority of the Motor Vehicle Transport Act and that is in effect on the day immediately before the day on which this Act, except section 26, comes into force shall be deemed to have been issued under the authority of Part II of this Act.

• Marginal note:Exception

  (2) Where a licence referred to in subsection (1) authorizes the holder thereof to engage in the intra-provincial truck transport of goods, within the meaning of Part III of this Act, that licence shall be deemed to have been issued under the authority of Parts II and III of this Act.

Marginal note:Intra-provincial trucking

30 For greater certainty, every licence authorizing the operation of an extra-provincial truck undertaking between any two points in a province that purports to have been issued under a law of the province prior to the coming into force of this Act, except section 26, and that purports to be in effect on the day immediately before this Act, except section 26, comes into force shall be deemed to have been issued under the authority of Part III of this Act if that licence was issued to a person who at the time of issuance was the holder of a licence issued under the authority of the Motor Vehicle Transport Act in respect of the same extra-provincial truck undertaking.

Marginal note:Pending applications

31 Every application for a licence made under the Motor Vehicle Transport Act and pending on the day immediately before the day on which this Act, except section 26, comes into force shall be deemed to have been made pursuant to section 5, 8 or 13 of this Act, whichever is applicable, and shall be dealt with in accordance with this Act.

Marginal note:Continuation of exemptions

32 Every exemption granted under section 6 of the Motor Vehicle Transport Act and in force on the day immediately before the day on which this Act, except section 26, comes into force shall be deemed to have been granted under section 16 of this Act.

Coming Into Force

Marginal note:Coming into force

• *33 (1) This Act, except section 26, shall come into force on January 1, 1988 or on such earlier day as may be fixed by proclamation.

• Marginal note:Idem

  (2) Section 26 shall come into force on the later of the day on which section 16 comes into force and the day on which sections 184, 199, 266 and 267 of the Bill, mentioned in section 26, come into force.

  • Return to footnote ^*[Note: Act in force January 1, 1988.]

Repeal

Marginal note:Repeal

• 34 (1) Subsections 8(3) to (5) and paragraphs 9(1)(a) to (d) shall, subject to subsections (2) to (4), cease to have effect five years after the day on which this Act, except section 26, comes into force.

• Marginal note:Review

  (2) The Minister shall, after the expiration of three years after the coming into force of subsections 8(3) to (5) and before the expiration of four years after the coming into force of those subsections, undertake and complete a comprehensive review of the operation and effect of those subsections.

• Marginal note:Tabling of report

  (2.1) After the completion of the review referred to in subsection (2), the Minister shall cause a copy of a report of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been prepared.

• Marginal note:Continuation in force

  (3) The Governor in Council may, by proclamation, on the recommendation of the Minister made after consultation by the Minister with the government of each province, after the completion of the review referred to in subsection (2) and before subsections 8(3) to (5) and paragraphs 9(1)(a) to (d) cease to have effect pursuant to subsection (1), continue subsections 8(3) to (5) and paragraphs 9(1)(a) to (d) in force for such further period as is specified in the proclamation.

• Marginal note:Idem

  (4) The Governor in Council may, by proclamation, on the recommendation of the Minister made after consultation by the Minister with the government of each province, at any time while subsections 8(3) to (5) and paragraphs 9(1)(a) to (d) are in force pursuant to subsection (3) or this subsection, continue subsections 8(3) to (5) and paragraphs 9(1)(a) to (d) in force for such further period as is specified in the proclamation.

Annual Report

Marginal note:Annual report

• 35 (1) After the expiration of each of the years 1988 to 1993, the Minister shall prepare the report referred to in subsection (2) and shall cause a copy of the report 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.

• Marginal note:Contents of report

  (2) The report of the Minister shall contain the following in respect of each year referred to in subsection (1):

  • (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; 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.