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MOTOR VEHICLE TRANSPORT ACT, 1987R. S., 1985, c. 29 (3rd Supp.)
An Act Respecting Motor Vehicle Transport SHORT TITLE1. This Act may be cited as the Motor Vehicle Transport Act. INTERPRETATIONDefinitions2.(1) In this Act,
"extra-provincial bus transport" «transport extra-provincial par autocar» "extra-provincial bus transport" means the transport of passengers or passengers and goods by means of an extra-provincial bus undertaking;
"extra-provincial bus undertaking" «entreprise extra-provinciale de transport par autocar» "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;
"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;
"extra-provincial truck undertaking" «entreprise de camionnage extra-provinciale» "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;
"law of a province" «loi d'une province» ou «loi provinciale» "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;
"local bus transport" «transport local par autocar» "local bus transport" means the transport of passengers or passengers and goods by means of a local bus undertaking;
"local bus undertaking" «entreprise locale de transport par autocar» "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;
"Minister" «ministre» "Minister" means the Minister of Transport;
"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.
Interpretation(2) For the purposes of the 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. OBJECTIVESStatement of objectives3. (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
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 research3.1 The Minister may conduct any research, studies and evaluations that the Minister considers necessary to carry out the objectives of this Act. ARRANGEMENTSAgreements3.2 (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. BUS TRANSPORTOperating LicencesOperation without licence prohibited4. 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. Issue of licence5. 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 Tolls6. 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 SAFETYOperation without safety fitness certificate prohibited7. (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 certificate8. (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:
Withdrawal of power to issue safety fitness certificates9. (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. Reinstatement10. 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). EXEMPTIONS, REGULATIONS, FOREIGN CARRIERS
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LIST OF AMENDMENTS | ||
INTERPRETATION | ||
Section |
Revised Statutes of Canada | In force |
1 | 2001, c. 13, s. 1 | 2006/01/01 |
2(1) | 2001, c. 13, s. 2(1) | 2006/01/01 |
2001, c. 13, s. 2(2) | 2006/01/01 | |
2001, c. 13, s. 2(3) | 2006/01/01 | |
3 | 2001, c. 13, s. 3 | 2006/01/01 |
4 | 2001, c. 13, s. 4 | 2006/01/01 |
5-10 | 2001, c. 13, s. 5 | 2006/01/01 |
9(1)(g) | 2001, c. 4, s. 100(1) | 2001/06/01 |
9(2) | 2001, c. 4, s. 100(2) | 2001/06/01 |
12 | 1992, c.1, s.18(E) | 1992/02/28 |
11-15 (repealed) | 1996, c.17, s.19 | 2000/01/01 |
16 | 2001, c. 13, s. 6 | 2006/01/01 |
17 | 1995, c.5, s.25 | 1995/05/13 |
17 | 2001, c. 13, s. 7 | 2006/01/01 |
20.1 added | 2001, c. 13, s. 8 | 2006/01/01 |
22-35 | 2001, c. 13, s. 9 | 2006/01/01 |
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