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Vol. 141, No. 14 — July 11, 2007
Registration
CANADA TRANSPORTATION ACT Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (Miscellaneous Program) P.C. 2007-1037 June 21, 2007 Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 50(1) (see footnote a) of the Canada Transportation Act (see footnote b), hereby approves the annexed Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (Miscellaneous Program), made on May 29, 2007, by the Minister of Transport, Infrastructure and Communities. REGULATIONS AMENDING THE CARRIERS AND TRANSPORTATION AND GRAIN HANDLING UNDERTAKINGS INFORMATION REGULATIONS (MISCELLANEOUS PROGRAM) AMENDMENTS 1. Section 10.2 of the Carriers and Transportation and Grain Handling Undertakings Information Regulations (see footnote 1) is repealed. 2. Section 17 of the Regulations is replaced by the following: 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. COMING INTO FORCE 3. These Regulations come into force on the date on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (Miscellaneous Program) deal with issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJC). In response to SJC concerns, section 10.2 of the Regulations is repealed and section 17 is amended by striking out the words "on request of the Minister". This will ensure that the Regulations are consistent with the power granted to the Minister in subsection 50(1) of the Canada Transportation Act (Act) to prescribe the time at which information referred to in those provisions is to be provided. The Carriers and Transportation and Grain Handling Undertakings Information Regulations were established on July 1, 1996, to give effect to section 50 of the Act. Section 10.2 of the Regulations allowed the Minister to collect information for the purpose of conducting a costing review of the Class I railways grain transportation costs. The provision was added after the repeal of the Western Grain Transportation Act in 1995 and the cessation of the quadrennial costing reviews that were intended to examine railway productivity and to ensure that this productivity was shared with grain shippers. This creates duplication since section 7.1 of the Department of Transport Act already allows the Minister to carry out any such review. In addition, this provision has never been used. Section 17 provided that where information relating to the economic condition of motor carriers is required, on request by the Minister, a motor carrier must provide to the Minister certain information in respect of a specified reporting period in a defined reporting format and time period. The expression "on request by the Minister" was removed because it gives the Minister the discretion to specify when information is to be provided. However, the enabling authority requires that the Regulations themselves specify the moment when the information is to be provided. Contact
John Doran
S.C. 2000, c. 16, s. 1(1) S.C. 1996, c. 10 SOR/96-334; SOR/99-328 |
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