Transport committee  Yes. That's our understanding.

Transport committee  Certainly. Clause 124 ensures that the Transportation Appeal Tribunal of Canada Act, which oversees some provisions of this legislation in terms of requests for review of administrative monetary penalties.... The provisions of this bill, should they come into effect prior to thos

Transport committee  Thank you. Clause 18 of Bill C-26 is a provision that ensures that the Transportation Appeal Tribunal of Canada has jurisdiction to review administrative monetary penalty issues or notices of violation that are issued under the critical cyber systems protection act. When you c

Transport committee  It appears that Bill C-26 completed second reading on March 27, 2023.

Transport committee  The ministerial order power for proposed section 107.1 only allows the minister to make an order to require a port authority or a person in charge of a port authority to take any measure. In situations where there's an ability to order workers back or to order some form of arbitr

Transport committee  I'm not in a position to comment on the intent of the proposed amendment.

Transport committee  Certainly, there is federal legislation with ministerial order powers such as these to deal with urgent circumstances. The degree to which they are similar or different usually depends on the subject matter that they regulate. Generally, ministerial order powers are used for situ

Transport committee  We would have to examine that legislation to look for any correlation or impacts between this amendment and what's proposed in Bill C-58. Having said that, I'm not aware of any conflict that would arise on account of amendment NDP-16 with respect to an order not being used for t

Transport committee  The case law is voluminous on standard of review of ministerial orders or of any exercise of administrative discretion. It's very extensive at the Supreme Court as well as at other appeal courts and the Federal Court of Canada. Significant analysis goes into the determination of

Transport committee  The threshold found in the proposed ministerial order power is really one of imminent harm. There has to be imminent harm to the subject matters you've listed: national security, national economic security or competition. That is a relatively high threshold, all things considered

Transport committee  I'm sorry, but are you referring to the BQ amendment?

Transport committee  Okay, thank you. The proposed amendment wouldn't change the threshold with respect to what the minister would have to determine prior to making an order. Ultimately, given that it's a ministerial order, it would not change the views of the court on whether that threshold has bee

Transport committee  I would say that the line itself does not change the use of the power. With regard to the standard of review that is proposed in the amendment, whether that is required to be reasonableness or correctness, the standard in Canadian judicial review courts is that ministerial order

Transport committee  The language in the proposed amendment would not be consistent with other Transport Canada acts. The ministerial order power proposed in Bill C-33 is generally consistent with other ministerial order powers found in other legislation.

Transport committee  No, that's within Transport Canada.