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Disclaimer: These documents are not the official versions (more).
CANADA TRANSPORTATION ACTCarriers and Transportation and Grain Handling Undertakings Information RegulationsSOR/96-334
1. (1) The definitions in this subsection apply in these Regulations.
"Act" «Loi» "Act" means the Canada Transportation Act. "crop year" « campagne agricole » "crop year" has the meaning assigned to it in section 2 of the Canada Grain Act.
"grain" « grain » "grain" has the meaning assigned to it in section 147 of the Act.
"reporting period" « période de référence » "reporting period", in respect of information that is required, means the period for which the information is to be provided.
(2) A reference to a form or publication mentioned in these Regulations is a reference to the form or publication as amended from time to time. 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. Interpretation 3. The definitions in this section apply in this Part.
"charter service" « service d'affrètement » "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.
"level I air carrier" « transporteur aérien de niveau I » "level I air carrier" means a Canadian air carrier, other than a level VI air carrier, that transported at least 1,000,000 revenue passengers or at least 200,000 tonnes of cargo in each of the two calendar years before the year in which information is provided pursuant to this Part.
"level II air carrier" « transporteur aérien de niveau II » "level II air carrier" means a Canadian air carrier, other than a level VI air carrier, that transported at least 50,000 but fewer than 1,000,000 revenue passengers, or at least 10,000 but less than 200,000 tonnes of cargo, in each of the two calendar years before the year in which information is provided pursuant to this Part.
"level III air carrier" « transporteur aérien de niveau III » "level III air carrier" means a Canadian air carrier, other than a level VI air carrier, that transported at least 5,000 but fewer than 50,000 revenue passengers, or at least 1,000 but less than 10,000 tonnes of cargo, in each of the two calendar years before the year in which information is provided pursuant to this Part.
"level IV air carrier" « transporteur aérien de niveau IV » "level IV air carrier" means a Canadian air carrier that is not any other level of air carrier that realized gross revenues of at least $500,000 for the provision of air services for which the air carrier holds a licence, in each of the two calendar years before the year in which information is provided pursuant to this Part.
"level V air carrier" « transporteur aérien de niveau V » "level V air carrier" means a Canadian air carrier that is not any other level of air carrier and that realized gross revenues of less than $500,000 for the provision of air services for which the air carrier holds a licence, in either of the two calendar years before the year in which information is provided pursuant to this Part.
"level VI air carrier" « transporteur aérien de niveau VI » "level VI air carrier" means a Canadian air carrier that operates an air service for which the air carrier holds a licence for the sole purpose of transporting passengers and cargo to or from a lodge operation in the year in which information is provided pursuant to this Part.
"local air carrier" « transporteur aérien local » "local air carrier" means (a) a level II air carrier that transported less than 300,000 revenue passengers by scheduled unit toll service in each of the two calendar years before the year in which information is provided pursuant to this Part; or (b) a level III air carrier, level IV air carrier or level V air carrier.
"regional air carrier" « transporteur aérien régional » "regional air carrier" means a Canadian air carrier that, in each of the two calendar years before the year in which information is provided pursuant to this Part, was
"revenue passenger" « passager payant » "revenue passenger" in respect of
"unit toll service" « service à taux unitaire » "unit toll service" means the transportation of passengers and cargo by an aircraft provided by an air carrier that operates the air service and that, directly or indirectly, sells seats and cargo space to the public on a price per seat, price per unit of mass or price per volume of cargo basis. Information 4. An air carrier referred to in column I of an item of Schedule I 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. 5. (1) An air carrier referred to in subsection (2) must provide to the Minister financial information, including (a) a summary of the air carrier's land, buildings, ground equipment and flight equipment accounts, that sets out, in respect of an annual reporting period, (i) gross investments at the beginning and at the end of the calendar year, (ii) additions to and retirement of assets, and (iii) accumulated depreciation at the beginning and at the end of the calendar year; and (b) a statement of changes in the financial position of the carrier that sets out, in respect of a quarterly reporting period, increases and decreases in (i) working capital, (ii) operating activities, in particular, net income, items not affecting cash, net change in non-cash working capital and cash provided by operating activities, (iii) financing activities, in particular, long-term debt, subordinated debt, dividends paid and cash provided by financing activities; and (iv) investing activities, in particular, fixed assets and cash required by investing activities. (2) Subsection (1) applies in respect of (a) level I air carriers; and (b) level II air carriers to level VI air carriers where (i) a level I air carrier has an ownership interest in or control of the air carrier, or (ii) a company that has an ownership interest in or control of the air carrier also has an ownership interest in or control of a Level I air carrier. 6. (1) A level IV air carrier must provide to the Minister, in respect of each annual reporting period, operational information for unit toll service and for charter service, including the total number of hours flown by fixed-wing aircraft, the total number of hours flown by rotary-wing aircraft, the number of passengers enplaned and the weight of goods enplaned. (2) A level V air carrier must provide to the Minister, in respect of an annual reporting period, operational and financial information for unit toll service for charter service, including the total number of hours flown and total revenue earned. (3) A level VI air carrier must provide to the Minister, in respect of an annual reporting period, operational and financial information for charter service, including the total number of hours flown and total revenue earned. 7. An air carrier must provide the information referred to in (a) paragraph 5(1)(a), by no later than 90 days after the last day of the reporting period, where the air carrier is referred to in subsection 5(2); (b) paragraph 5(1)(b), by no later than 60 days after the last day of the reporting period, where the air carrier is referred to in subsection 5(2); (c) subsection 6(1), by no later than 90 days after the last day of the reporting period, where the air carrier is a level IV air carrier; (d) subsection 6(2), by no later than 90 days after the last day of the reporting period, where the air carrier is a level V air carrier; and (e) subsection 6(3), by no later than 90 days after the last day of the reporting period, where the air carrier is a level VI air carrier.
Interpretation 8. The definitions in this section apply in this Part.
"class I rail carrier" « transporteur ferroviaire de catégorie I » "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.
"class II rail carrier" « transporteur ferroviaire de catégorie II » "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.
"class III rail carrier" « transporteur ferroviaire de catégorie III » "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.
"gross ton miles per mile of track" « tonnes-milles brutes par mille de voie » "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.
"infant" « enfant en bas âge » "infant" means a person who is less than two years of age. "movement event" « événement de mouvement » "movement event", in respect of the transportation of grain, means
"passholder" « titulaire de laissez-passer » "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.
"railway company" « compagnie de chemin de fer » "railway company" has the meaning assigned to that term in section 87 of the Act.
"revenue passenger" « passager payant » "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.
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) The information required by subsection (1) must be provided (a) in triplicate, where the information is required by the forms referred to in items 1 to 16 of Schedule II; and (b) in duplicate, where the information is required by the forms referred to in items 17 to 32 of Schedule II.
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, or (iii) for a portion of the transport in Canada, where the transport begins and ends in the United States; (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; and (f) in the case of the movement of grain, the gross tonnage of the grain transported each month. (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, in respect of each crop year, information in respect of the transportation of grain that includes, for each movement event,
(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 [Repealed by SOR/2007-159].
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
12.1 A class I rail carrier must provide the information referred to in section 10.1 by no later than October 15 following the end of the crop year. 12.2 [ Repealed by: SOR/2002-355 ] Interpretation 13. For the purposes of Schedule III, the definitions in this section apply in this Part.
"Canadian domiciled marine carrier" « transporteur maritime domicilié au Canada » "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.
"domestic marine carrier" « transporteur maritime intérieur » "domestic marine carrier" means a foreign marine carrier or a Canadian domiciled marine carrier that transports passengers or cargo by ship between a port in a province and a port in any other province.
"ferry boat operator" « exploitant de traversier » "ferry boat operator" means a domestic marine carrier or an international carrier that operates a ferry boat.
"international marine carrier" « transporteur maritime international » "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.
"tug boat operator" « exploitant de remorqueur » "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. 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. A marine carrier or operator referred to in column I of an item of Schedule III 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. PART IV Interpretation 16. For the purposes of Schedule IV, the definitions in this section apply in this Part.
"courier" « messager » "courier" means a motor carrier that transports only small packages and parcels.
"for-hire carrier" « transporteur pour compte d'autrui » "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.
"level I motor carrier" « transporteur routier de niveau I » "level I motor carrier" means a for-hire carrier that has an annual operating revenue of at least $5,000,000.
"level II motor carrier" « transporteur routier de niveau II » "level II motor carrier" means a for-hire carrier that has an annual operating revenue of at least $1,000,000 but less than $5,000,000.
"level III motor carrier" « transporteur routier de niveau III » "level III motor carrier" means a for-hire carrier or an owner-operator that has an annual operating revenue of at least $25,000 but less than $1,000,000.
"level IV motor carrier" « transporteur routier de niveau IV » "level IV motor carrier" means a private carrier that has an annual operating revenue of at least $1,000,000.
"motor carrier" « transporteur routier » "motor carrier" means a carrier that transports goods by truck between provinces or between Canada and the United States.
"owner-operator" « chauffeur contractant » "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.
"private carrier" « transporteur pour compte propre » "private carrier" means a motor carrier that is part of a company that has as its principal activity the sale of goods and that transports those goods. 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. PART V Interpretation 18. For the purposes of Schedule V, the definitions in this section apply in this Part.
"large passenger carrier" « gros transporteur de voyageurs » "large passenger carrier" means a passenger carrier that has an annual gross operating revenue of more than $2,000,000.
"passenger carrier" « transporteur de voyageurs » "passenger carrier" means a carrier that transports passengers by bus between provinces or between Canada and the United States.
"small passenger carrier" « petit transporteur de voyageurs » "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. 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.
Interpretation 20. The definitions in this section apply in this Part. "air navigation undertaking" « entreprise de navigation aérienne » "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. "airport authority" « administration aéroportuaire » "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. 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. 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. PART VII Interpretation 23. The definitions in this section apply in this Part.
"deep waterway" « voie en eau profonde » "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).
"deep waterway undertaking" « entreprise de voie en eau profonde » "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. 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. [25 and 26 reserved] PART IX 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:
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:
(2) The information to be provided for each category must include
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
(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
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:
38. [ Repealed by: SOR/2002-355 ]
Interpretation 39. In this Part, "port authority" means a port authority set out in the schedule to the Canada Marine Act. Information 40. 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.
(Section 9)
(Section 15)
(Section 17)
(Section 19)
(Sections 21 and 22) PART I
(Sections 21 and 22) PART II
(Section 24)
(Subsections 36(1) and (2) PART I
PART II
(Section 40)
ESTABLISHED BY:SOR/96-334 1 July, 1996, pursuant to section 50 of the Canada Transportation Act. amended by: SOR/97-92 7 January, 1997 pursuant to section 50 of the Canada Transportation Act, effective January 7, 1997. The title; subsection 6(1); the expression "(bébé)" in section 8; section 20 by adding Parts VI and VII; and Schedule V by adding Shedules VI and VII. SOR/99-328 28 July, 1999 pursuant to subsection 50(1) of the Canada Transportation Act into force on July 28, 1999. The title of this regulation is replaced; section 1(1) is amended by adding the definitions of "crop year" and "grain" in alphabetical order; section 8 is amended by adding the definition of "movement event" in alphabetical order; subsection 10(2)(e) is replaced; section 10.1 and 10.2 are added; section 12 is replaced; part VIII and Part IX are added after section 24; column III items 1 to 8 of schedule VII are replaced; schedule VIII and IX are added. SOR/99-458 2 December, 1999 pursuant to subsection 50(1) of the Canada Transportation Act into force on December 2, 1999. The Part X is added after section 34; Schedule X is added after Schedule IX. SOR/2000-258 21 June, 2000 pursuant to subsection 50(1) of the Canada Transportation Act, into force on June 21, 2000. Subsection 10.2(1) of the English is replaced; Sections 35 and 36 as enacted by Order in Council P.C. 1999-2133 of December 2, 1999, are renumbered as sections 39 and 40, respectively; Schedule X is amended by replacing the reference "(Section 36)" after the heading "Schedule X" with the reference "(Section 40)". SOR/2002-355 24 September, 2002 pursuant to subsection 50(1) of the Canada Transport Act, into force on 24 September, 2002. Section 12.2 and the heading before it are repealed; section 38 and the heading before it are repealed. SOR/2007-159 June 21, 2007 pursuant to subsection 50(1) of the Canada Transportation Act, into force on June 21, 2007. Section 10.2 is repealed; section 17 is replaced. |
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