Vol. 145, No. 8 — February 19, 2011

ARCHIVED — Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations

Statutory authority

Canada Transportation Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary


Issue: The Government is proposing to update the Carriers and Transportation and Grain Handling Undertakings Information Regulations (the Regulations), which were last reviewed in 1998. Since then, in the field of transportation, issues like gateways and corridors, Canada’s competitiveness, the environment and security have each taken on a much larger role in the Government’s agenda. Given the rapid changes in emerging priority areas of concern, this creates a situation where data currently collected by and for the Government are becoming less and less sufficient for the purpose of enabling evidence-based research and analysis.

Description: The proposed Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (proposed amendments) would specify the information that transportation stakeholders would be required to provide, create new surveys or make modifications to existing surveys in the air, marine, rail and road transportation modes. For example, they will expand the scope of existing surveys in aviation, collect information on fuel usage and emissions for all modes of transportation and collect passenger flow data from major intercity railways and intercity bus companies.

Cost-benefit statement: The cost to industry would be $3.2 million the first full year of implementation and $1.8 million in the subsequent years. These costs have a present value of $21.2 million over a 10-year period. These costs would be divided across four modes of transportation, eight stakeholder classes and over a thousand individual stakeholders. The Government’s intention would be to use new data sources set out in the proposed amendments to complement existing data obtained through the existing Regulations, voluntary accord or commercially, to meets its future data needs. In the past, existing data has been used extensively by the Government to manage crisis, monitor the transportation industry, economic development, infrastructure planning and investment and for policy development and coordination. The proposed new data requirements would therefore help the Government better address these important issues.

Business and consumer impacts: The new or modified surveys in the proposed amendments would create some new reporting requirements on transportation stakeholders. However, the Government would attempt to minimize costs on industry and on the Crown by encouraging the use of automated reporting. There are no anticipated direct impacts on consumers as only businesses would be required to report information to the Government. Additional costs to industry would likely not be passed on to consumers as the amounts of money involved, when broken down on a per consumer basis or per unit of output, are negligible.

Domestic and international coordination and cooperation: Extensive consultations with industry were conducted by the Government prior to proposing these amendments. In addition, further consultations will need to take place with industry prior to launching new surveys to ensure an efficient alignment of technologies and methodologies, properly define each survey field and ensure that industry clearly understands the information that these surveys are meant to collect. These additional consultations will ensure that the industry is fully aware of and understands the Government’s information requirements. While some of these requirements also exist in other countries, other uniquely Canadian requirements reflect the unique needs of the Government of Canada.

Performance measurement and evaluation plan: The proposed new and modified surveys will be monitored in the same fashion as existing surveys to ensure that all stakeholders covered by them are submitting information and that said information is valid, accurate and complete.


Issue

In June 2007, Bill C-11, which proposed amendments to the Canada Transportation Act (the Act), received royal assent. Amendments to the Act now allow the Minister of Transport to collect information for environmental and security purposes, in addition to safety, infrastructure, policy, planning and grain transportation monitoring. The amendments to the Act present an opportunity for the Government to review its existing Regulations regarding information and data collection and management, which have been in place since 1998. The existing Carriers and Transportation and Grain Handling Undertakings Information Regulations (the Regulations) are made under section 50 of the Canada Transportation Act.

Since 1998, both security and environmental concerns have played a greater role in the services the Government of Canada delivers to Canadians, as reflected in Transport Canada’s program activity architecture. Along with innovative new strategic approaches, such as the Gateways and Corridors strategy, these new concerns have caused the Government to re-examine its needs for information.

The Regulations are not often updated, as each time they are changed, industry must change its reporting structure, and the Government of Canada must change its data collection structure. In that context, it becomes important for regulatory reviews to address both present and anticipated issues. The risk in not making the regulatory changes is that the Government would not have access to the type of information it requires in order to carry out its mission and mandate. There is also a risk that outdated information/reporting regulations could prevent improvements in reducing the administrative burden/cost on the sector, while at the same time maintaining an administrative burden in place for industry which does not yield great benefits to the Government.

Objectives

The objectives of the proposed Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations (the proposed amendments) are to permit the Government of Canada to obtain information for security, safety, environmental and infrastructure planning purposes. Updating the Regulations would provide industry with more modern and efficient means of reporting and enable greater information sharing between departments, thus avoiding the burden for industry to have to report twice the same information.

Furthermore, with access to new information, the Government would be able to better monitor Canada’s transportation network, which in turn would enable it to craft policies and regulations which are better aligned with the current transportation industry outlook.

In addition, as the existing Regulations were last amended in 1998, it is necessary to update certain regulatory requirements to make them better reflect the current situation. For example, 12 years ago, the gateways and corridors development, transportation security and environment protection did not enjoy the same level of importance as they do today. The proposed amendments would create new opportunities for the Government to obtain relevant and pertinent information across all modes of transportation. This information would support evidence-based decision-making in the Government’s future initiatives to improve the safety, security, efficiency and environmental friendliness of Canada’s transportation network.

On the environmental side, the proposed amendments in and of themselves have no environmental impact. However, the data collected on activity, fuel, fleet and energy intensity are necessary for the development of governmental environmental measures, policies or programs.

The Government of Canada is called to respond to increasingly complex issues for which it finds itself in search of information. Evidence-based decision-making requires accurate, timely and complete information. Presently, the amount of information available varies dramatically between modes of transportation, and there is some reliance on anecdotal evidence, proxies and second-best options. The proposed amendments would address this gap and ensure that sufficient information exists on the Canadian transportation sector to support the development and implementation of future legislative, regulatory, and program initiatives.

Description

The existing Regulations define the obligation of carriers to complete a variety of surveys within a prescribed delay and with a prescribed frequency. They define which carriers must fill out which surveys and provide various definitions for the terms used in the Regulations.

The proposed amendments would specify the data elements that transportation stakeholders would be required to provide and would refer them to the Schedule where the appropriate surveys that need to be filled out would be listed. The proposed amendments would also specify the frequency of reporting, be it monthly, quarterly or annually, and the grace period given to carriers to collect and report their data.

The proposed amendments fall under five broad categories, namely air, marine, rail, road and trade. The following section briefly describes the proposed changes for each group. In addition to the propositions below, all modes of transportation would see an update to the wording of some regulatory elements. This update would be transparent to transportation stakeholders and would only enshrine into regulation existing practices. For example, over the years some of the surveys have changed names or versions, but these changes have not been reflected in the Regulations. Making these changes would therefore align the regulatory framework to current business practices.

Air

In light of the great number of different types of stakeholders in the air transportation industry (airlines, airports, air navigation services, flight schools, and commercial general aviation operators), the Air mode would be the most impacted by the proposed amendments, although great care has been given to ensure that the impact on individual stakeholders is minimized.

Under the proposed amendments, the following changes would apply to how carriers are defined and what information they are required to report:

  • In the current Regulations, regional carriers are defined as operating scheduled services with aircraft that have a maximum certified take-off weight of less than 30 000 kg. These regional carriers, which carried less than 2 000 000 passengers or less than 400 000 tonnes of cargo in the previous year, currently face a lighter and aggregated reporting burden than operators who fly larger aircraft, recognizing that a more detailed reporting regime may be overly onerous. As aircraft have evolved and become lighter, it has become important to revise this threshold downward. Therefore, the proposed amendments would set the threshold at 25 000 kg. This would affect a very small number of carriers, likely less than five, but may have broader implications as these aircraft gain in popularity.
  • Regional carriers, as defined above, are currently not required to report the weight of cargo they carry. This creates issues where remote and Arctic airports have no airfreight reported at their airports even though they are often the only means by which goods can be delivered to their communities. The proposed amendments would require airlines operating scheduled services with aircraft having a maximum certified take-off weight of not more than 25 000 kg to report the mass of freight they carry.
  • The existing Charter On-Flight Origin and Destination Report requires charter carriers to report, on a flight-by-flight basis, the number of passengers and freight they carry, on the basis of the origin and destination of the passengers or freight. This survey does not currently apply to domestic and overseas charters operating aircraft with a maximum take-off weight of not more than 15 900 kg or to transborder charters with a maximum certified take-off weight of not more than 8 500 kg. This creates a knowledge gap for small charters, which is particularly pronounced at smaller airports. To close part of the gap, the proposed amendments would lower the threshold for all sectors to 5 670 kg.
  • Canadian and foreign air carriers which carried over 10 000 tons of freight in Canada in the previous year would be required to provide time-oriented information on the movement of goods within their supply chain, whether they participate or not in the International Air Transport Association’s (IATA) Cargo 2000 program; meaning they would provide the time and date at which a shipment is handed to the carrier, the time and date at which said shipment is ready to be picked up by the consignee and the time and date of major steps within the supply chain. This information will help the government measure the velocity of the air supply chain.
  • A new requirement for Canadian air carriers would be to provide information on the aircraft fleet and the annual fuel consumption of each of its aircrafts, broken down by domestic and international services.
  • Operators of commercial general aviation, meaning any activity other than an airline or recreational flying, would be required to report information, such as the airports of origin and destination and the number of passengers on board, as well as a summary of their annual expenses.
  • Operators of aerodromes certified by the Government under the provisions of the Canadian Aviation Regulations would be required to report information on aircraft movements which take place at their facility, unless a NAV CANADA installation is in place and already reporting for them. In addition, these aerodrome operators would be required to provide the Government with an annual financial report, unless already required to do so as part of a land lease agreement or other agreement in place with Transport Canada.
  • Air navigation undertakings (i.e. NAV CANADA) would be required to report flight plans and actual routings to the Minister.

Marine

Marine transportation would be impacted in two distinct ways by the proposed amendments. Canadian domiciled marine operators would be required to provide the Government with information on a vessel by vessel basis while Canadian Port Authorities would be required to report on their infrastructure. Hence, the proposed amendments would require

  • marine operators to complete a new survey that provides the Government with an inventory of their fleet, the use of green technologies on board the vessels, specifications on the vessels’ engines, and their vessels’ annual fuel consumption, distance travelled and freight carried;
  • marine operators to provide the United Nations code for dangerous goods commodities they carry;
  • the Canadian Border Services Agency (CBSA) to provide detailed marine import and export data from both the general declaration (form A6) and the manifest (Form A6-A); and
  • Canadian port authorities to report an inventory of their infrastructure every year. This includes the number of berths and their length, the number of gantry cranes, the amount of warehousing space and total rail track mileage.

Road

Motor-vehicle carriers are the most prevalent form of public transportation in Canada, yet there are some important information gaps in that sector. The proposed amendments would permit the Government to collect data on the motor vehicle fleet and its fuel consumption on a new survey. In addition, passenger carriers that provide scheduled intercity service would be required to provide information on both demand and effective capacity on two new surveys. This would bridge an important data gap and provide the Government with equivalent metrics across all modes of public passenger transportation.

The proposed amendments would require

  • carriers of freight or passengers to report annual information on their fleet, which includes vehicle make, model, model year, engine type, fuel consumption by province, fuel type used, vehicle location, engine output, transmission type and the use of green technologies;
  • passenger carriers to provide statistics on the number of people who travelled on a scheduled service between city-pairs, the fare paid as well as the actual capacity offered on each market; and
  • courier companies to be explicitly considered as for-hire trucking and may need to report as a trucking company if they cross provincial boundaries.

Rail

Rail transportation is unique in that the carrier is also the owner of the infrastructure. For this reason, rail carriers are in a unique position that would see them report on both their infrastructure and their operations. New surveys would collect information on the fleet and on passenger itineraries or volumes, depending on the size of the operations. In addition, railways would provide information on their infrastructure. Hence, the proposed amendments would require

  • rail carriers to provide the Government with detailed network infrastructure information, including subdivision names, locations and the types of warning system for grade crossings, number of tracks and their weight capacity, capacity to accommodate double-stacked container trains and the speed limitations of the track;
  • rail carriers to provide information on each of their locomotives, their specifications, their usage and the presence of green technologies on board;
  • rail carriers to provide the United Nations code for dangerous goods commodities they transport; and
  • large passenger rail carriers to provide the Government with a record of each passenger’s itinerary including origin, destination, connection, date of travel, fare paid and class of travel. Rail carriers would not be asked to provide any personal information, including the name of the passenger.

Regulatory and non-regulatory options considered

The Government of Canada has three ways to obtain information: regulation, voluntary compliance and purchasing from third parties. Voluntary compliance has the advantage of being well received by the industry, but it is not reliable in the long run. This type of data collection is better suited for one time ad-hoc studies than for continuous data gathering. Purchasing information is often easier and possibly less costly for the Crown, but there are limitations on the data available on the market and it is not always possible to customize the data sets to meet precise needs. The regulatory approach permits the Government to design the data set to ensure it provides relevant and required information to fulfill its mandate, while taking into account the impact it may have on the industry and finding ways to mitigate that impact. It guarantees a high compliance rate and consistency over time.

Benefits and costs

Summary

The changes in data requirements for each industry sector were identified and price, time and quantity compliance cost data was generated by either or both “representative” firms and industry associations where possible. The internationally accepted Standard Cost Methodology was adopted where possible as a framework for the estimates.

The three most costly changes, in rank order, involve (1) collecting fuel consumption data from airlines, (2) expanding operational data collection to smaller charter flights (mostly smaller air carriers), and (3) collecting movement data from smaller airports. The latter two changes place an aggregate burden on smaller entities, but there are many of them and costs per organization are not that large. In the past, the Government has used the available data extensively. Four categories of past uses can be discerned, namely Crises Management, Monitoring Industry Developments, Economic Development, and Policy Development and Coordination.

While it is difficult to say what the specific benefits will be, when they will occur, or even in what areas they may appear, it is likely most Canadians will benefit from the proposed regulatory changes as summarized in the accounting statement below.

Accounting statement

Summary statement of costs and benefits

Base Year 2011

2012

2020

Annual Average: 2012–2020

Total Present Value

A. Quantified impacts (thousand of dollars of 2011)

Costs

Air carriers

2,586

1,114

1,114

1,114

9,554

 

Commercial general aviation

102

65

65

65

509

 

Airports

66

569

569

569

3,625

 

Navigation undertakings

19

36

36

36

244

 

Port authorities

500

120

120

120

1,250

 

Marine operators

118

113

113

113

822

 

Railway carriers

134

129

129

129

937

 

Motor carriers (passengers)

379

312

312

312

2,329

 

Motor carriers (freight)

464

232

232

232

1,914

 

TOTAL

4,367

2,690

2,690

2,690

21,185

B. Non-monetized quantified impacts

Not applicable

           

C. Qualitative impacts

Qualitative benefits:

  • Transport Canada is expected to use the available data extensively in four areas:

— Crises management

— Monitoring industry developments

— Economic development

— Policy development and coordination

There may well be other areas in which data can be put to good use by TC and other departments.

  • It is difficult to say with any certainty what specific benefits will accrue, when, or even in what areas. It is expected, however, that most Canadians and all parts of the transportation industry will benefit.

— The general public can expect to benefit from better and quicker reactions to economic, health or security crises that emerge.

— All segments of the transportation industry and the general public can expect to benefit from improved TC economic development decisions.

— The travelling public and the industry can expect to benefit through TC’s ability to negotiate more effectively on behalf of Canadian interests.

Industry profile

The transportation industry sub-sectors (see footnote 1) covered by the Regulations are critical to the productivity and competitiveness of the Canadian economy because of their pervasive intermediate role in most economic transactions. For instance, most consumer goods are transported to market (even if purchased online); businesses transport inputs such as automobile parts to production lines and the final products then need to be moved to market; and commodities have to be transported to domestic or export markets.

In 2009, Canada’s two-way trade with the United States was valued at $456B, while two-way trade for every other country reached $267B, with China, the United Kingdom and Mexico being three of Canada’s largest trading partners. Trucking accounted for 54% of the value of trade with the United States followed by pipeline at 18%, rail at 16%, and marine and air at 6% each.

Transportation spending is important to all levels of government. In fiscal year 2007/08, all levels of government combined spent $29.0 billion on transportation (net of federal transfers), $4.3 billion more than in 2006/07. Federal government expenditures increased by $492 million to $4.1 billion, provincial/ territorial government expenditures rose by $3.1 billion to $14.0 billion and local government expenditures increased by $735 million to $10.9 billion. Canada’s Economic Action Plan has dramatically increased the Government’s spending on transportation in fiscal 2009/10 and will do so again in fiscal 2010/11.

The transportation sector is responsible for 26% of Canada’s greenhouse gas (GHG) emissions, second only to stationary sources. Transportation emissions grew at an average annual rate of 0.9% between 2000 and 2006, from 180 to 190 megatonnes (Mt), compared with 2.4% from 1995 to 2000.

The following table provides a summary profile of the Canadian transportation sectors that would be affected by these proposed regulation amendments:

Operating revenues and expenses for Canadian-domiciled transportation carriers, 2007

(Dollar values in millions of $CDN)

Trucking

Rail

Bus

Air

Marine

— Estimated number of firms

3,776

47

1,446

116

70

— Operating revenues

$29,398

$10,482

$8,262

$16,222

$4,518

— Operating expenses

$28,176

$7,989

$7,867

$15,083

$4,185

Net operating income

$1,222

$2,492

$395

$1,140

$332

Net income

$878

$2,042

$2,058

$910

$332

Operating profit margin (%)

4.2

23.8

4.8

7.0

7.4

Benefits

It is difficult to say with any certainty what the specific benefits will be, when they will occur, or even in what areas they may appear. The challenge in this exercise is that data is not being collected for one specific program, but rather for many current and yet-to-be-defined policies and programs administered by the Government. While each of these policies and programs will need to define their own benefits and merits, the access to more relevant, complete, accurate and timely information should produce better-crafted and better-monitored policies and programs. Trying to quantify these improvements is impossible as that would require a deep knowledge of what future policies and programs will be put forward by the Government with the existing data set, and how they may change with the improved data set that would result from these proposed regulations. In light of this, no attempt will be made to quantify the benefits, but it would appear very likely that all manners of Canadians will benefit. For example,

  • The general public benefits from better and quicker reactions to economic, health or security crises that emerge;
  • All segments of the industry benefit from improved TC economic development decisions;
  • The travelling public benefits through the Government’s ability to negotiate more effectively on the behalf of Canadian interests; and
  • The Government can better understand transportation bottlenecks through access to better data, which in turn helps it better focus infrastructure investments and better measure their outcome.

Existing transportation data is used extensively by the Government on a daily basis for a variety of reasons, which would often have been impossible to predict when a survey was first launched. For example, Transport Canada can be called to act quickly or to recommend a course for action where time is of the essence and any already available pertinent information or data is closely analyzed. Moreover, it is clear that a decision must be made, no matter how imperfect the information may be; data to be collected in the future will be too late to be useful. Therefore, to ensure that decision-makers are properly able to evaluate all their options, it becomes crucial to have the appropriate information.

Data has been used by the Government in response to several crises in recent years, to monitor industry developments, to conduct economic analysis, to coordinate policy and to defend Canada’s interests, including the following:

  • Managing an economic crisis. In the summer of 2009, the Government had to decide what its response to the liquidity crisis at Air Canada should be. By using the extensive operational and financial data available, TC was able to show the unique role Air Canada played in the country’s transportation system, and why it could not be quickly duplicated by other carriers; the economic ramifications of various scenarios were able to be considered and properly analyzed, in large part thanks to the wealth of information already collected from the airline industry.
  • Managing a health crisis. In the spring of 2009, the first outbreak of the H1N1 flu virus centered on Mexico. A rapid response from the government was required. Available data helped TC analyze in real time the travel patterns between Canada and Mexico and plan for appropriate steps at airports receiving flights originating in Mexico. Data also helped identify the possible number of Canadians who would be stranded if flights to Mexico were suspended.
  • Monitor industry’s security environment. TC uses data on marine traffic to better understand the types of goods transiting through Canadian waters and the frequency with which different vessels are present in Canadian waters. This information has helped identify the types and numbers of ships posing greater security threats, thereby assisting in determining the levels and types of marine security inspectors required.
  • Economic Development. The Government partnered with the Province of British Columbia, Port Metro Vancouver, TransLink, local municipalities, and the private sector to invest in excess of $225 million in five infrastructure improvements on the North Shore that were intended to enhance rail and port operations in support of augmenting Canada’s Gateway to the Asia-Pacific region.
  • Policy coordination. Airline passenger data has been used extensively in aviation forecasting and to measure the impact on the industry of various measures. For example, using traffic and fare data, TC established and then adjusted the appropriate level for the Air Traveler Security Charge, in order to meet the revenue needs set out by the Department of Finance while at the same time minimizing the impacts on passenger demand.
  • Protecting Canadian interests. Emission regulations in both marine and air transportation are increasingly having material impact beyond the borders of the country enacting these regulations. The Government must carefully balance its role as a steward of the environment, its position on the international scene and the impact these measures may have on the Canadian airline and shipping industry. Properly defending Canada’s interest requires access to data on the Canadian air and marine fleet as well as their levels of emissions. Without accurate data, the Government will adopt a less than optimal position, not being able to fully measure its impacts.

In the future, one can say with some degree of confidence that there will be new economic and pandemic health scares demanding immediate attention. One can also be quite certain that in the foreseeable future new security crises will arise, safety issues will need to be addressed, international agreements and treaties will be entered into and the environmental sustainability of transportation will continue to be challenging. Changing consumer concerns and tastes, evolving transportation patterns, changes in competitive environment, changes in infrastructure, the implementation of the Copenhagen Agreement on greenhouse gas reduction, etc. may all be harbingers of needed policy responses in a context of limited fiscal expenditures brought on by a period of deficit reduction.

The proposed amendments represent the Government’s best estimate as to data that will be needed, would be readily available from industry, and would not entail significant costs to gather. The proposed amendments and the character of the potential benefits are a useful example of investing small sums to reap potentially significant but uncertain gains.

Costs — Methodology

When possible, cost estimates were derived using the Standard Cost Model, as described below in the OECD-sponsored Standard Cost Model (SCM) Manual. (see footnote 2)

The SCM uses a number of cost parameters which the manual describes as

  • Price: Price consists of a tariff, wage costs plus overhead for administrative activities done internally or hourly cost for external service providers.
  • Time: the amount of time required to complete the administrative activity.
  • Quantity: Quantity comprises of the size of the population of businesses affected and the frequency that the activity must be completed each year. (Quantity is then population × frequency.)

By combining these elements, the following basic SCM formula generates an overall estimate of the administrative costs associated with a regulatory proposal:

Cost of a data requirement = Price × Time × Quantity

The changes in data requirements for each industry segment were identified and, to the extent possible, price/time/quantity data was generated for industry segment firms. Note that these are always incremental costs for the additional data elements because there is no baseline on costs of collecting the current data elements. The baseline cost was therefore assumed to be zero since none of these new requirements currently exist.

Where appropriate, Transport Canada approached either or both selected “representative” firms and industry associations. They were asked to supply either costs for purchased services (for example, if buying programming services) or the number of hours anticipated to prepare for reporting and for the actual reporting.

Unfortunately, the responses from industry did not generate a large number of data points but estimates were able to be developed.

Where hours were provided, these were translated into dollar costs by assuming a standard wage rate equivalent to mid-range CS-2 in the federal government. That figure was then grossed-up by 45% to account for employee benefits, employee overhead costs, and accommodation. The total hourly wage assumed was, therefore, $48.33. While this figure is higher than the average industrial wage of $32.55 (see footnote 3) per hour, it does reflect the fact that most cost will be absorbed either by the company’s IT-department or by senior-level administrative or accounting staff which tend to earn above-average wages. This is likely to overestimate costs, which is the correct direction in which to err in order to ensure that benefits clearly do justify the costs.

The calculation of costs takes into account only costs to Canadians.

Cost was calculated both for the initial set-up, always presumed to be 2010, and for nine years of subsequent reporting. The subsequent reporting costs for the period 2011–2019 were calculated at present value, using a discount rate of 8%. While implementation is planned to be staggered and phased-in over several years, the lack of information on this approach makes it difficult to estimate phased-in costs. This situation likely results in a minor overestimate of costs, especially in the first years.

Two different reporting models were used to estimate cost. The first assumed a heavy up-front investment with minimal recurring costs in subsequent years. This model is consistent with automated reporting, which is already in place with over 100 airlines and 50 trucking companies. The second assumed very little up-front investment (likely training) and repetitive costs each time a given survey must be filled out (survey frequencies vary and can be monthly, quarterly or annually). In the case of the latter scenario, there were no assumptions made regarding efficiency gains over time as a high turnover of employees and changing responsibilities with a transportation company will often negate any efficiency gain. In addition, for low frequency surveys, such as quarterly or annual surveys, one could argue that efficiency gains are negated by the fact that the employee may need to re-familiarize themselves with the process. A small number of companies were questioned on this possible gain in efficiency and they indicated that once a system was in place, reporting time tended to be constant for subsequent reporting periods.

The second important issue in estimating cost was population size. Again, these surveys have two approaches: most use a census approach, meaning that every single entity within a population will be required to submit data, but a handful use a sampling approach, particularly with commercial general aviation and freight motor carriers where the population size exceeds a thousand.

In the case of census-type surveys, the number of firms will affect the cost as the model estimates costs for a sample of firms and scales-up the results to the population total.

An examination of the macroeconomic outlook and the transportation outlook indicates that the next few years are going to be marked by stable, relatively low-level growth. (see footnote 4) In this kind of environment, it would be surprising to witness major structural and fundamental changes to Canada’s transportation industry. Therefore, it is reasonable to conclude that while firms will continue to enter and exit the Canadian transportation market, the net effect will be relatively insignificant on census-type surveys.

In the case of sampling surveys, the sample size was assumed constant at 100 for both trucking and commercial general aviation, independent of how the population size could change. In light of the fact that the sample would most likely be biased towards larger operators, it was presumed that some automation would be able to penetrate these surveys, although the uptake rate would likely be lower than for census surveys, as companies who would only occasionally be part of the survey would not have an incentive to invest in automation.

It was also assumed that a company would not change reporting methods mid-stream. For example, it was assumed that no company would report manually for five years and then switch to an automated reporting regime, or vice-versa, as no data were available for this. Transport Canada’s seven year old Electronic Collection of Air Transportation Statistics (ECATS) program shows that less than 10 carriers, out of a possibility of 282 have switched reporting methods. Of those carriers who changed their reporting methods, some migrated to a more automated reporting regime while others opted to reduce the level of automation. As these are one-off cases, they can not be used as the basis to generalize or make assumptions on future behaviour; therefore, it was decided that the reporting regime would remain constant over time.

The cost-benefit analysis only measured the net impact of the proposed changes in the Regulations. For example, marine carriers already report the type of goods they carry. The proposed Regulations would also have them report the United Nations code for the dangerous goods they carry. Therefore, the cost-benefit analysis only measured the incremental cost of reporting that code. In the case of surveys with an expanding scope, the reporting cost was only calculated for carriers who are not reporting presently but would be reporting under the proposed new Regulations. Cost estimates also took into account the lower cost of reporting existing data and the higher cost of reporting data which does not presently exist, as well as compilation cost if data only exists on paper format and would need to be manually collated and entered into some electronic reporting system.

Sensitivity analysis

Ideally, cost estimates would have been based on a random selection of firms. However, this was neither cost-effective nor feasible within the timeframe. As a result, sensitivity analysis could not be based on internal sample variability.

The approach adopted was to assume that for the initial set-up costs, the estimates provided could vary by as much as -25% to +50%. This asymmetry was chosen because with IT projects, time and costs of development projects tend to be significantly underestimated.

In contrast, it was assumed that estimates for the on-going operating costs could vary by as much as -50% to +25%. This asymmetry range reflects observations made in the United States: ex post evaluation of costs and benefits averaged about 50% (see footnote 5) of the ex ante estimates of costs and benefits. Moreover, operating costs should diminish over time due to organizational learning.

The low-cost scenario reduces aggregate total costs by over $9,600,000, down to just $11,508,000. In contrast, the high-cost scenario raises aggregate costs up by almost $3,700,000 to $24,868,000. Changing assumptions does not significantly impact the relative burdens on industry segment, nor does it change which statements are the most costly.

Rationale

The rationale for the proposed amendments is to close the gap that exists between the Government’s current and future needs and regulations that are over 10 years old and have since not undergone significant changes. In the last 10 years, Transport Canada has seen its role in infrastructure (gateways, corridors and borders), security and the environment increase dramatically. Furthermore, new information technology and management tools permit us to collect important quantities of data at a very low cost to both industry and government.

In addition, the proposed amendments also clearly present the main data elements currently collected in existing surveys, rather than simply referring to a survey number, as is the case in the existing Regulations. This approach is more transparent for stakeholders as it better illustrates the main data elements that the Government can collect.

The cost-benefit analysis has identified both tangible costs and clear benefits that could flow from these proposed amendments. To address the question of cost, the Government intends to reduce the administrative burden of firms by using appropriate technology to simplify how firms report their data. When large amounts of data are sent on an ongoing basis, the Government will favour technologies that are compatible with an automated process, in order to limit recurring costs to companies.

The small relative cost increases are likely to be absorbed by the affected industry sectors. It is not believed that costs will be passed forward or backward in the market to any significant degree but absorbed within entity operating margins.

As for benefits, the Government is cognizant that there is an increased risk in less-than-optimal policies and programs if it does not have access to all the data it requires to conduct a proper evidence-based decision-making process. The new data elements and expanded survey scopes in the proposed amendments would greatly reduce this risk for the Government.

In conclusion, the proposed amendments have a relatively low financial impact on the transportation sector and its impact will be spread over a great number of firms, thus minimizing their respective burden. However, the potential benefits can have an impact on all Canadians, whether they are purveyors of transportation services or users of these same services.

Consultation

The Government has been favouring a consultative approach as it moved forward with this project. In February 2009, internal consultations were conducted with departments and agencies that would be affected by the proposed amendments, including Statistics Canada, the Canadian Transportation Agency, the Canadian Air Transport Security Administration and the Canadian Border Services Agency.

A list of new information elements that would be required from the industry was shared with key transportation stakeholders, such as airlines, airports, ports, shipping companies, railways, trucking firms and their respective representative organizations. This process was conducted as an online survey, where participants were asked to evaluate the feasibility of reporting certain types of information.

Following the electronic consultations, separate bilateral consultative meetings took place with a few key stakeholders, including the Railways Association of Canada and some of its members, NAV CANADA, the Canadian Trucking Alliance and the Northern Air Transport Association (NATA) during the spring and summer of 2009.

In the fall of 2009, further consultations took place with Air Canada, WestJet, Air Transat, Jazz Air, the Air Transport Association of Canada, the National Airline Council of Canada, and the Canadian Airports Council and its security operations committee. These consultations helped us better define the data requirements that were to be inserted into the Regulations as well as eliminate some proposals which were judged too cumbersome for industry.

In early 2010, further consultations took place with the intercity bus industry and with the marine industry. Just as with the other modes of transportation, the goals of the consultations were to inform industry about upcoming regulatory changes, address any concerns it may have, give industry a chance to provide valuable input into the drafting of the proposed amendments and re-evaluate the Government’s position in light of industry’s response. Consultations with all modes formally ended in April 2010, but keeping an open line of communication with industry stakeholders remains a priority for the Government.

Generally, stakeholders recognize the need for good, precise, complete and accurate information; however, there are some reservations as to the cost of the additional burden that the Government would impose on them. This reticence is amplified by the current economic situation. The Government recognizes these legitimate concerns. To alleviate them, it proposes to use Web services and other Web-oriented technologies that would minimize the administrative costs associated with compliance with the proposed amendments. It should also be noted that the implementation of these surveys would likely be staggered over a period of time, so that the impact on stakeholders would be more gradual than assumed in the cost-benefit analysis.

The consultations also identified a concern amongst stakeholders on data confidentiality as the information requested is of a very sensitive nature and is not designed for public consumption. They were assured that the Government’s responsibilities for data confidentiality, as articulated in section 51 of the Canada Transportation Act, would ensure the privacy of their data. Stakeholders were satisfied with this level of protection. According to section 51 of the Act, data collected by these surveys cannot be shared with other federal departments unless they posses the legislative or regulatory authority to collect the same data and cannot be shared with any outside stakeholders unless aggregated in such a way that an individual company’s data could not be identified. The Government takes this responsibility very seriously and has put in place a suite of measures to ensure that company-specific information not become public knowledge. At the moment, only Statistics Canada and the Canadian Transportation Agency could have access to individual company data and would be subject to the same confidentiality provisions as Transport Canada.

With respect to the surveys themselves, the data elements are clearly set out in the amended regulatory text, contrary to the current Regulations, and stakeholders were given a preview of the exact wording of the regulation text and data elements required. In many cases, stakeholders suggested changes be made as the terms used were legally correct but were not the exact terms used by industry. In some cases, they also asked that terms be clarified as the meaning was too broad.

In light of the fact that the proposed amendments require that new data elements be provided in an electronic fashion, rather than presenting stakeholders with a paper survey, which would not exist anyway, they were presented with data record layouts naming the different fields to be collected. These record layouts can then be adapted to the most appropriate technology or technologies to actually collect the information. Stakeholders also expressed concern with the definition of some terms, which may vary from carrier to carrier. The Government committed to stakeholders that any new survey would be accompanied by a lexicon that clearly defined each data element being requested.

Consultations with these various stakeholders have helped refine the information that would be required by the proposed amendments and minimize the burden on stakeholders.

Implementation, enforcement and service standards

Implementation would be spread out over a number of years to minimize the impact on the industry and the Crown. The proposed amendments would come into effect on April 1, 2011.

Whether the data is collected by Statistics Canada or Transport Canada, all requirements for information would be presented to stakeholders in a clear and concise fashion. In addition, industry will be consulted to help develop the survey guides and information reporting tools which will accurately reflect the survey record layouts in these proposed amendments to ensure that stakeholders have the capacity to properly fill out the survey and understand clearly what information the survey seeks to obtain. Enforcement of the proposed amendments would be done through a new Administrative Monetary Penalties (AMPs) set of regulations, which would be developed after these proposed amendments are implemented. While always used as a last resort and after ample warning, these AMPs should provide an effective tool to ensure compliance with the Regulations. The AMPs regulations would allow for penalties of up to $25,000 for corporations and up to $5,000 for individuals found committing a violation. Violations include not reporting information, reporting information later than the prescribed date and not using the specified form and manner of reporting.

Performance measurement and evaluation

Surveys which would be created and administered under the proposed amendments would be treated as any ongoing survey and subject to regular reviews to ensure that the information collected is still of use to the Department.

While there are no formal survey performance indicators planned or currently in place, survey performance is monitored on an ongoing basis to ensure that all stakeholders who are captured by these surveys actually submit their information and also to ensure that the information being submitted is accurate and complete.

Contact

The contact person for any inquiries is

Alain Lumbroso
Senior Economist
Economic Analysis — Policy Group
Transport Canada
Telephone: 514-633-3431
Email: alain.lumbroso@tc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 50(1) (see footnote a) of the Canada Transportation Act (see footnote b), proposes to make the annexed Regulations Amending the Carriers and Transportation and Grain Handling Undertakings Information Regulations.

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Alain Lumbroso, Economic Analysis, Department of Transport, 700 Leigh Capréol Place, Dorval, Quebec H4Y 1G7 (tel.: 514-633-3431; fax: 514-633-2921; email: alain.lumbroso@tc.gc.ca).

Ottawa, February 10, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CARRIERS AND TRANSPORTATION AND GRAIN HANDLING UNDERTAKINGS INFORMATION REGULATIONS

AMENDMENTS

1. The title of the Carriers and Transportation and Grain Handling Undertakings Information Regulations (see footnote 6) is replaced by the following:

TRANSPORTATION AND GRAIN HANDLING INFORMATION REGULATIONS

2. (1) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

“aerodrome” has the same meaning as in subsection 3(1) of the Aeronautics Act. (aérodrome)

“vessel” has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)

(2) Section 1 of the Regulations is amended by adding the following after subsection (2):

(3) Subsection (2) does not apply to Transport Canada forms or publications.

3. The Regulations are amended by adding the following after section 2:

2.1 Except as otherwise provided in these Regulations, the information required by these Regulations to be provided to the Minister must be provided

  • (a) by electronic means; or
  • (b) if the information is being collected directly by Statistics Canada under the Statistics Act, by the means by which the information is provided under that Act.

4. The heading “DÉFINITIONS” before section 3 of the French version of the Regulations is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

5. (1) The definitions “level V air carrier”, “level VI air carrier”, “local air carrier” and “regional air carrier” in section 3 of the Regulations are repealed.

(2) The definitions “level I air carrier”, “level II air carrier”, “level III air carrier”, “level IV air carrier” and “revenue passenger” in section 3 of the Regulations are replaced by the following:

“level I air carrier” means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported at least 2,000,000 revenue passengers or at least 400 000 tonnes of cargo. (transporteur aérien de niveau I)

“level II air carrier” means a Canadian air carrier that, in the calendar year before the year in which information is provided under this Part, transported

  • (a) at least 100,000 but fewer than 2,000,000 revenue passengers; or
  • (b) at least 50 000 but less than 400 000 tonnes of cargo. (transporteur aérien de niveau II)

“level III air carrier” means a Canadian air carrier that

  • (a) is not a level I air carrier or level II air carrier; and
  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of at least $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau III)

“level IV air carrier” means a Canadian air carrier that

  • (a) is not a level I air carrier, level II air carrier or level III air carrier; and
  • (b) in the calendar year before the year in which information is provided under this Part, realized gross revenues of less than $2,000,000 for the provision of air services for which the air carrier held a licence. (transporteur aérien de niveau IV)

“revenue passenger” means a passenger who is not a non-revenue passenger and for whose transportation an air carrier receives remuneration, and includes a passenger travelling with a ticket

  • (a) purchased under a publicly available promotional offer;
  • (b) purchased through a loyalty program or through the redemption of loyalty points or miles;
  • (c) purchased with a corporate discount or at a preferential fare; or
  • (d) obtained as compensation for denied boarding. (passager payant)

(3) Section 3 of the Regulations is amended by adding the following in alphabetical order:

“air carrier” means a Canadian air carrier or foreign air carrier. (transporteur aérien)

“Canadian air carrier” means the holder of a certificate issued under Subpart 3, 4 or 5 of Part VII of the Canadian Aviation Regulations. (transporteur aérien canadien)

“foreign air carrier” means the holder of a certificate issued under Subpart 1 of Part VII of the Canadian Aviation Regulations. (transporteur aérien étranger)

“general aviation” means the operation of an aircraft for purposes other than publicly available passenger or cargo transport for remuneration, and includes business aviation, aerial work, instructional flying and air ambulance services. (aviation générale)

“general aviation operator” means any entity that engages in general aviation, and includes a corporation, a government entity within the meaning of subsection 211(1) of the Excise Act, 2001 and a foreign government. (exploitant de l’aviation générale)

“non-revenue passenger” means

  • (a) a passenger travelling for free or at a fare available only to persons who are employees or agents of an air carrier or are travelling on the business of an air carrier; and
  • (b) a person, such as an infant, who does not occupy a seat. (passager non payant)

(4) Section 3 of the Regulations is renumbered as subsection 3(1) and is amended by adding the following:

(2) For the purposes of the definitions “level I air carrier”, “level II air carrier”, “level III air carrier” and “level IV air carrier” in subsection (1), a Canadian air carrier that is in its first year of operation is considered to have

  • (a) if it is created as the result of the reorganization or restructuring of another air carrier, the same characteristics as the other air carrier; and
  • (b) in any other case, the characteristics that the Minister, in consultation with Statistics Canada, determines are appropriate based on the model and the number of its aircraft, the type of licence and the type of operator certificate that it holds, the number of its employees and the countries to which it is designated to fly.

6. Sections 4 to 7 of the Regulations are replaced by the following:

4. (1) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister financial information, including

  • (a) a summary of its land, buildings, ground equipment and flight equipment accounts that sets out, in respect of an annual reporting period,
    • (i) the gross investments at the beginning and at the end of the calendar year,
    • (ii) the additions to and retirement of assets, and
    • (iii) the accumulated depreciation at the beginning and at the end of the calendar year; and
    (b) a statement of changes in its financial position that sets out, in respect of a quarterly reporting period, the increases and decreases in
    • (i) working capital,
    • (ii) operating activities, including net income, items not affecting cash, net change in non-cash working capital and cash provided by operating activities,
    • (iii) financing activities, including long-term debt, subordinated debt, dividends paid and cash provided by financing activities, and
    • (iv) investing activities, including fixed assets and cash flow related to investing activities.

(2) A level I air carrier that operates unit toll services, and a level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a unit toll service with at least one aircraft whose maximum certificated take-off weight is more than 25 000 kg, must provide to the Minister operational information about each take-off or landing in Canada or abroad of a unit toll service flight that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of the take-off or landing and the aerodrome where it took place;
  • (b) the flight number, if there is one;
  • (c) the flight’s origin and destination;
  • (d) in the case of a take-off, the next aerodrome on the flight;
  • (e) in the case of a landing, the previous aerodrome on the flight;
  • (f) the passenger capacity and the cargo capacity;
  • (g) the aircraft’s model and registration mark;
  • (h) the number of revenue passengers and the number of non-revenue passengers enplaning, deplaning, arriving, departing and transiting;
  • (i) the mass of freight and the mass of mail enplaning, deplaning, arriving, departing and transiting;
  • (j) the number of pieces and the mass of checked luggage presented for security screening; and
  • (k) information as to whether the aircraft is a passenger aircraft or a freighter.

(3) A level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a unit toll service only on aircraft whose maximum certificated take-off weight is not more than 25 000 kg must provide to the Minister information aggregated on a quarterly basis about

  • (a) the number of revenue passengers transported between each city-pair, in each direction, on a coupon origin and destination basis;
  • (b) the mass of freight and mail transported between each city-pair, in each direction, on an on-board origin and destination basis; and
  • (c) the number of its departing flights from each aerodrome that it serves.

(4) A level I air carrier, level II air carrier, level III air carrier, level IV air carrier or foreign air carrier that operates a charter service on an aircraft whose maximum certificated take-off weight is 5 670 kg or more must provide to the Minister operational information about each charter flight that it operates with the aircraft and that originates in, is destined for or makes a stopover at an aerodrome in Canada, including

  • (a) the date and time of each take-off and landing and the aerodrome where it took place;
  • (b) the flight number, if there is one;
  • (c) the passenger capacity and the cargo capacity;
  • (d) the aircraft’s model and registration mark;
  • (e) the number of revenue passengers and the number of non-revenue passengers transported between each city-pair, including city-pairs that are not Canadian cities, on an on-board origin and destination basis;
  • (f) the mass of freight and the mass of mail transported, on an on-board origin and destination basis;
  • (g) the number of pieces and the mass of checked luggage presented for security screening;
  • (h) information as to whether the flight terminates at the same aerodrome where it originated; and
  • (i) the type of charter licence issued by the Canadian Transportation Agency.

(5) A level I air carrier or level II air carrier that transported more than 600,000 revenue passengers by scheduled unit toll service in each of the two previous calendar years must provide to the Minister information about each revenue passenger’s complete itinerary, including

  • (a) the passenger’s origin and destination;
  • (b) the connecting points;
  • (c) the operating air carrier, the advertised air carrier and the fare basis code, for each leg; and
  • (d) the total fare paid.

(6) A level I air carrier, level II air carrier, level III air carrier or level IV air carrier must provide to the Minister information about each aircraft in its fleet, including

  • (a) its make, model and year of construction;
  • (b) the make, model and year of construction of its engine;
  • (c) the amount and type of fuel it consumed on domestic flights; and
  • (d) the amount and type of fuel it consumed on international flights.

(7) An air carrier that transported dangerous goods between Canada and another country must provide to the Minister the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods.

(8) An air carrier referred to in subsection (2), (3) or (4) must provide the information required by that subsection electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.

5. A level I air carrier, level II air carrier or level III air carrier that transported more than 10 000 tonnes of cargo in the previous calendar year, and a foreign air carrier that transported more than 10 000 tonnes of cargo to or from Canada in the previous calendar year, must provide to the Minister information about the supply chain, including

  • (a) if the air carrier is a participant in the International Air Transport Association’s Cargo 2000 program, the date and time and the location of each step within the supply chain, as determined by the Cargo 2000 program; or
  • (b) if the air carrier is not a participant in the International Air Transport Association’s Cargo 2000 program,
    • (i) the date and time when, and the location where, each shipment of the cargo was delivered to the carrier, and
    • (ii) the date and time when, and the location where, each shipment of the cargo was ready to be picked up from the carrier.

6. (1) A general aviation operator must provide to the Minister, in respect of the aircraft that it operates for general aviation for purposes that are not exclusively recreational,

  • (a) if at least one of the aircraft has a maximum certificated take-off weight of 5 670 kg or more, information about each flight, including
    • (i) the departure and arrival aerodrome,
    • (ii) the aircraft(ii) the aircraft’
    • (iii) the type of operator certificate under which the flight was operated, and
    • (iv) the number of passengers and the amount of cargo on board;
    (b) if none of the aircraft has a maximum certificated takeoff weight of 5 670 kg or more, information aggregated on a quarterly basis about each aircraft, including
    • (i) its model and registration,
    • (ii) the number of passengers it transported,
    • (iii) the types of operator certificates under which the flights were operated,
    • (iv) the ten most frequented aerodromes,
    • (v) its base of operation,
    • (vi) the number of take-offs and landings for flights to and from the same aerodrome, between two aerodromes in Canada or between an aerodrome in Canada and an aerodrome outside of Canada, and
    • (vii) the average distance flown;
    (c) its expenses, including its expenses for maintenance and fuel, aerodrome fees, airport fees, air navigation fees and other fees; and
  • (d) the number of aircraft and the amount of fuel they consumed.

(2) A general aviation operator must provide the information required by subsection (1) electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program.

7. (1) An air carrier or general aviation operator referred to in column I of Schedule I must provide to the Minister the details relating to the information required by sections 4 to 6 that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

(2) If the form and manner of providing the details is set out in column V of Schedule I, an air carrier or general aviation operator referred to in column I must provide the details to the Minister in the form and manner set out.

(3) If two forms are referred to in column II of Schedule I, the details provided for in either of the forms may be provided to the Minister.

7.1 An air carrier that sells the entire capacity of an aircraft for a flight to another air carrier must, in respect of that capacity, provide to the Minister the information, and the details relating to the information, that the other air carrier would have been required to provide under sections 4, 5 and 7 if the other air carrier had been operating the aircraft.

7. Subsection 9(2) of the Regulations is repealed.

8. (1) Paragraph 10(2)(b) of the Regulations is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (iii):

  • (iv) transferred from a vessel,
  • (v) transferred to a vessel,
  • (vi) transferred from a truck, or
  • (vii) transferred to a truck;

(2) Subsection 10(2) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) in the case of the transportation of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods.

9. The Regulations are amended by adding the following after section 12.1:

12.2 (1) A class I rail carrier, class II rail carrier or class III rail carrier must provide to the Minister information about each locomotive in its fleet, including

  • (a) its number;
  • (b) its make, model and year of construction;
  • (c) the year in which it was last reconstructed, if applicable;
  • (d) the type and horsepower of its engine;
  • (e) its main classification; and
  • (f) the number of hours that it was operated.

(2) A class I rail carrier or class II rail carrier that transports passengers, and that realized revenues of at least $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under this subsection, must provide to the Minister information about every ticket sold to a passenger for travel between two points in Canada or between a point in Canada and a point in the United States, including

  • (a) the passenger’s origin and destination as they appear on the ticket;
  • (b) the date that the passenger began the journey;
  • (c) the connecting train stations, if applicable;
  • (d) the number assigned to identify the train or trains used on the journey;
  • (e) the class of ticket and the fare paid; and
  • (f) information as to whether a senior or student discounted fare was used.

(3) A class I rail carrier or class II rail carrier that transports passengers, and that realized revenues of less than $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under this subsection, must provide to the Minister information about every railway line it operates for passenger travel in Canada or between Canada and the United States, including the name of the geographical location of each end of the railway line and the number of passengers transported on it.

(4) A class I rail carrier, class II rail carrier or class III rail carrier referred to in column I of Schedule II.1 must provide to the Minister the details relating to the information required by subsections (1) to (3) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

12.3 A class I rail carrier, class II rail carrier or class III rail carrier must provide to the Minister once a year, before the end of 90 days after the end of the calendar year, a geospatial database or timetables depicting its network, including

  • (a) the names of the subdivisions;
  • (b) the length of the subdivisions;
  • (c) the number of tracks;
  • (d) the speed limitations, and the mile-posts between which they apply;
  • (e) the ability of the subdivisions to accommodate double-stacked container trains;
  • (f) the weight capacity of the tracks, and the mile-posts between which it applies; and
  • (g) the location of, and the type of warning system for, each grade crossing.

10. (1) The portion of section 13 of the English version of the Regulations before the definitions is replaced by the following:

13. The following definitions apply in this Part.

(2) The definition “ferry boat operator” in section 13 of the English version of the Regulations is replaced by the following:

“ferry boat operator” means a domestic marine carrier or international marine carrier that operates a ferry boat. (exploitant de traversier)

(3) Section 13 of the Regulations is amended by adding the following in alphabetical order:

“marine operator” means a Canadian domiciled marine carrier, domestic marine carrier, ferry boat operator, international marine carrier or tug boat operator. (exploitant maritime)

“mode of operation” means, in respect of a vessel, the operating profile of the vessel, such as being underway, in maneuvers, in hotelling, at anchor or in dry dock. (mode d’exploitation)

11. The Regulations are amended by adding the following after section 15:

15.1 (1) A marine operator must provide to the Minister information about

  • (a) the nature and type of its operations, including
    • (i) the mass and a description of the cargo transported,
    • (ii) in the case of the transportation of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods,
    • (iii) the number of passengers, passenger vehicles and commercial vehicles transported,
    • (iv) the port of origin and of destination of each voyage, as well as the name of the vessel engaged on the voyage,
    • (v) the distance travelled on each voyage, and
    • (vi) the type, amount and cost of fuel and of lubricating oil purchased in Canada or abroad; and
    (b) each vessel in its fleet that is a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, including
    • (i) its name,
    • (ii) its country of registration,
    • (iii) its gross and net tonnage and its dimensions,
    • (iv) its type,
    • (v) the characteristics of its main and auxiliary engines, including, with respect to each engine, its type, model number and size, the size of its cylinders, its number of strokes, its specific fuel consumption, and its load, as a percentage of the maximum continuous rating, for each mode of operation,
    • (vi) the year in which its construction and, if applicable, its rebuilding was completed,
    • (vii) the types of technologies, if any, used for the purpose of enhancing its fuel efficiency or reducing its fuel consumption,
    • (viii) information as to whether its hull is a single- or double-hull and, if applicable, the vessel(viii) information as to whether its hull is a single- or double-hull and, if applicable, the vessel’
    • (ix) if applicable, its classification and the name of the classification society that assigned it;
    • (x) if applicable, its environmental notation and the name of the classification society that assigned it,
    • (xi) its routes and services,
    • (xii) its activities, expressed as tonne-kilometres, vessel-kilometres and passenger-kilometres performed,
    • (xiii) the number of hours that it was operated in the year, and
    • (xiv) its fuel consumption, by quality and type of fuel;
    (c) its finances, including
    • (i) a detailed revenues and expenses report, including a breakdown of revenues and expenses by the type of operation each vessel in its fleet was engaged in, the type of service offered by the marine operator and the region in which the service was offered,
    • (ii) a detailed balance sheet report,
    • (iii) details of its capital assets, and
    • (iv) the employment level and the total payroll; and
    (d) its ownership.

(2) A marine operator referred to in column I of Schedule III must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

12. (1) The portion of section 16 of the English version of the Regulations before the definitions is replaced by the following:

16. The following definitions apply in this Part.

(2) The definitions “courier”, “level I motor carrier”, “level II motor carrier”, “level III motor carrier”, “level IV motor carrier” and “motor carrier” in section 16 of the Regulations are replaced by the following:

“courier” means a for-hire motor carrier that transports only small packages and parcels. (messager)

“level I motor carrier” means a for-hire carrier that has an annual operating revenue of at least $12,000,000. (transporteur routier de niveau I)

“level II motor carrier” means a for-hire carrier that has an annual operating revenue of at least $1,000,000 but less than $12,000,000. (transporteur routier de niveau II)

“level III motor carrier” means a for-hire carrier or an owner-operator that has an annual operating revenue of at least $30,000 but less than $1,000,000. (transporteur routier de niveau III)

“level IV motor carrier” means a motor carrier that is not a for-hire carrier and is part of a corporation that has an annual operating revenue of at least $1,000,000. (transporteur routier de niveau IV)

“motor carrier” means a carrier that transports commodities by truck between provinces, between Canada and the United States or between Canada and Mexico. (transporteur routier)

13. The Regulations are amended by adding the following after section 17:

17.1 (1) A motor carrier must provide to the Minister information about each vehicle in its fleet, including

  • (a) its make, model and model year;
  • (b) the vehicle identification number assigned by its manufacturer;
  • (c) the type, output and year of construction of its engine;
  • (d) the fuel type it used and its fuel consumption, broken down by province;
  • (e) its transmission type;
  • (f) its base location;
  • (g) the types of aerodynamical aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;
  • (h) the type of its tires, such as low rolling resistance tires or tires with a central inflation system;
  • (i) information as to whether it has an auxiliary power unit and, if so, the number of hours that the unit was used and the unit’s power source;
  • (j) the number of kilometres it travelled; and
  • (k) its tare weight.

(2) A motor carrier must provide to the Minister information about each trailer in its fleet, including

  • (a) its make, model, type and year of construction;
  • (b) the types of aerodynamical aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;
  • (c) the type of its tires, such as low rolling resistance tires or tires with a central inflation system; and
  • (d) its tare weight.

(3) A motor carrier must provide to the Minister information about its revenues, expenses and operations, including

  • (a) the revenues by type of service, type of movement and region of pickup, the non-trucking operating revenues and the investment revenues;
  • (b) detailed operating expenses, including the labour, fuel, maintenance, insurance, utilities and depreciation expenses;
  • (c) the cost of purchased transportation;
  • (d) the number of units that make up the carrier’s fleet;
  • (e) the distance travelled;
  • (f) the number of drivers, owner-operators and other personnel the carrier employs; and
  • (g) the amount of fuel consumed.

(4) A motor carrier that is part of the sample for Statistics Canada’s Trucking Commodity Origin and Destination Survey, record number 2741, must provide to the Minister information about its shipments, including

  • (a) the number of shipments inscribed on its shipping documents;
  • (b) the types of trips;
  • (c) the origin and destination of the trips;
  • (d) the types of commodities;
  • (e) information as to whether or not each commodity is a dangerous good and, if it is, the UN number assigned to it by the United Nations Committee of Experts on the Transport of Dangerous Goods;
  • (f) the mass of the commodities; and
  • (g) the revenues realized by the motor carrier for the carriage of the commodities or the carriage of individual shipments.

(5) A motor carrier referred to in column I of Schedule IV.1 must provide to the Minister the details relating to the information required by subsections (1) to (4) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

14. (1) The portion of section 18 of the English version of the Regulations before the definitions is replaced by the following:

18. The following definitions apply in this Part.

(2) Section 18 of the Regulations is amended by adding the following in alphabetical order:

“scheduled service” means a service that is offered by a passenger carrier, that operates on a regular basis according to a posted schedule and for which tickets are sold individually to passengers. (service régulier)

15. The Regulations are amended by adding the following after section 19:

19.1 (1) A passenger carrier must provide to the Minister information about each vehicle in its fleet, including

  • (a) its make, model and model year;
  • (b) the vehicle identification number assigned by its manufacturer;
  • (c) the type, output and year of construction of its engine;
  • (d) the fuel type it used and its fuel consumption, broken down by province;
  • (e) its transmission type;
  • (f) its base location;
  • (g) the types of aerodynamical aids and other technologies, if any, used for the purpose of enhancing the vehicle’s fuel efficiency or reducing its fuel consumption;
  • (h) the type of its tires, such as low-rolling resistance tires or tires with a central inflation system;
  • (i) the number of kilometres it travelled;
  • (j) its tare weight;
  • (k) its seating capacity; and
  • (l) information as to whether or not it is accessible for passengers with reduced mobility.

(2) A passenger carrier operating a scheduled service must provide to the Minister

  • (a) operational information about its scheduled service, including
    • (i) the number of passengers travelling between each city-pair on a ticket origin and destination basis,
    • (ii) the average fare paid for a trip between each city-pair,
    • (iii) the number of senior and of student discounted fares used, and
    • (iv) the mass of freight and parcels transported between each city-pair; and
    (b) information about the actual capacity offered for each scheduled route, including
    • (i) the number of realized departures, and
    • (ii) the number of seats offered for each departure.

(3) A passenger carrier must provide to the Minister operational and financial information, including

  • (a) its employment level, by occupation category and number of hours worked;
  • (b) the number of vehicles in its fleet, the distance that the fleet travelled and the fleet’s maintenance costs;
  • (c) its number of passengers by type of service;
  • (d) its fuel consumption by type of fuel;
  • (e) detailed financial information, including
    • (i) its revenues by activity,
    • (ii) its operating expenses, and
    • (iii) its assets and liabilities; and
    (f) if the passenger carrier operates in two or more provinces, a detailed breakdown of its revenues and expenses by province.

(4) A passenger carrier referred to in column I of Schedule V.1 must provide to the Minister the details relating to the information required by subsections (1) to (3) that are provided for in the form referred to in column II for the reporting period set out in column III before the end of the day set out in column IV.

16. Section 20 of the Regulations is amended by adding the following in alphabetical order:

“airport” means an airport within the meaning of subsection 3(1) of the Aeronautics Act. (aéroport)

17. The Regulations are amended by adding the following after section 21:

21.1 (1) The operator of an airport that is not served by a NAV CANADA control tower or flight service station must provide to the Minister information about each aircraft movement at the airport, including

  • (a) the date and time of the arrival or departure;
  • (b) the flight number or, if there is no flight number, the registration mark of the aircraft;
  • (c) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;
  • (d) the aircraft’s model;
  • (e) the aerodrome that the flight is arriving from or departing for;
  • (f) information as to
    • (i) whether the flight is taking off or landing,
    • (ii) whether the flight is civilian or military, and
    • (iii) whether the flight is local or itinerant; and
    (g) the runway used.

(2) The operator must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column I of Part I.1 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

21.2 (1) The operator of an airport that is not owned by the Government of Canada must provide to the Minister information about its balance sheet and income statement.

(2) The operator must provide to the Minister the details relating to the information required by subsection (1) that are provided for in the form referred to in column I of Part I.2 of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

18. The Regulations are amended by adding the following after section 22:

22.1 (1) An air navigation undertaking must provide to the Minister information about each flight for which a flight plan was submitted to an air navigation authority, including

  • (a) the date of the flight;
  • (b) the flight number or, if there is no flight number, the registration mark of the aircraft;
  • (c) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;
  • (d) the aircraft’s model; and
  • (e) the flight’s origin and destination, and any intermediate stops.

(2) An air navigation undertaking must provide to the Minister information about each flight that enters or exits Canadian-controlled airspace, including

  • (a) the date of the flight;
  • (b) the flight number or, if there is no flight number, the registration mark of the aircraft;
  • (c) the code, if any, assigned to the aircraft’s operator by the International Civil Aviation Organization;
  • (d) the aircraft’s model;
  • (e) the flight’s origin and destination; and
  • (f) the point of entry or exit.

(3) An air navigation undertaking must provide to the Minister the details relating to the information required by subsections (1) and (2) that are provided for in the form referred to in column I of Part III of Schedule VI for the reporting period set out in column II before the end of the day set out in column III.

19. Section 40 of the Regulations is renumbered as subsection 40(1) and is amended by adding the following:

(2) A port authority must provide to the Minister information about the characteristics of the port, including

  • (a) the length of the berths;
  • (b) the area of the storage space at each terminal; and
  • (c) the equipment at each terminal.

(3) A port authority must provide to the Minister the details relating to the information required by subsection (2) that are provided for in the form referred to in column I of Schedule XI for the reporting period set out in column II before the end of the day set out in column III.

20. The Regulations are amended by adding the following after Part X:

PART XI

CANADA BORDER SERVICES AGENCY

INFORMATION

41. The Canada Border Services Agency must provide to the Minister, before the end of 60 days after the end of the month in which the information is collected,

  • (a) the information it collects on the following forms:
    • (i) General Declaration, form A6, published by the Canada Border Services Agency, and
    • (ii) Freight/Cargo Manifest, form A6A, published by the Canada Border Services Agency; and
    (b) in the case of the import or export of dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods, if reported by the importer, the exporter, the carrier or the agent of the importer, the exporter or the carrier.

21. Schedule I to the Regulations is replaced by the Schedule I set out in Schedule 1 to these Regulations.

22. Schedule III to the Regulations is replaced by the Schedules II.1 and III set out in Schedule 2 to these Regulations.

23. Items 1 and 2 of Schedule IV to the Regulations are repealed.

24. The Regulations are amended by adding, after Schedule IV, the Schedule IV.1 set out in Schedule 3 to these Regulations.

25. The Regulations are amended by adding, after Schedule V, the Schedule V.1 set out in Schedule 4 to these Regulations.

26. Schedule VI to the Regulations is amended by replacing “ (Sections 21 and 22) ” after the heading “SCHEDULE VI” with “(Section 21, subsections 21.1(2) and 21.2(2), section 22 and subsection 22.1(3))”.

27. Schedule VI to the Regulations is amended by adding the following after Part I:

PART I.1

Item

Column I

Form

Column II
Reporting Period

Column III

Day

1.

Aircraft Movements Statistics, record number 2715, published by Statistics Canada

monthly

the day that is 30 days after the last day of the reporting period

PART I.2

Item

Column I

Form

Column II
Reporting Period

Column III

Day

1.

Balance Sheet, Airport, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

April 30 in the year after the last day of the reporting period

2.

Income Statement, Airport, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

April 30 in the year after the last day of the reporting period

28. Schedule VI to the Regulations is amended by adding the following after Part II:

PART III

Item

Column I

Form

Column II
Reporting Period

Column III

Day

1.

Flight Plan Report, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

2.

Flight Tracking Report, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

29. Schedule X to the Regulations is amended by replacing “(Section 40)” after the heading “SCHEDULE X” with “(Subsection 40(1))”.

30. The Regulations are amended by adding, after Schedule X, the Schedule XI set out in Schedule 5 to these Regulations.

COMING INTO FORCE

31. These Regulations come into force on April 1, 2011.

SCHEDULE 1
(Section 21)

SCHEDULE I
(Section 7)

AIR CARRIER DOCUMENTS

Item

Column I
Air Carrier or General Aviation Operator

Column II

Form

Column III

Reporting Period

Column IV

Day

Column V

Form and Manner

1.

level I air carriers, level II air carriers, level III air carriers, level IV air carriers and foreign air carriers that operate charter services on an aircraft whose maximum certificated take-off weight is 5 670 kg or more

The Enplaned / Deplaned Flight Centric Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

2.

level I air carriers and level II air carriers that transported more than 600,000 revenue passengers by unit toll services in each of the two calendar years before the year in which the information is provided

The Origin and Destination Survey, record number 2703, published by Statistics Canada

quarterly

the day that is 30 days after the last day of the reporting period

 

3.

level II air carriers, level III air carriers, level IV air carriers and foreign air carriers that operate unit toll services only on aircraft whose maximum certificated take-off weight is not more than 25 000 kg

Coupon Passenger Origin and Destination Report: Unit Toll Services, Statement 4 (II, III, IV, V, F), 5-3500-141, published by Statistics Canada, or The Enplaned / Deplaned Flight Centric Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

quarterly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

4.

level I air carriers

The Enplaned / Deplaned Flight Centric Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

5.

level II air carriers, level III air carriers and level IV air carriers that operate unit toll services and foreign air carriers that operate unit toll services on at least one aircraft whose maximum certificated take-off weight is more than 25 000 kg

The Enplaned / Deplaned Flight Centric Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

6.

level I air carriers

Fare Basis Survey, record number 2708, published by Statistics Canada

quarterly

the day that is 60 days after the last day of the reporting period

 

7.

level I air carriers and level II air carriers

Unit Toll Services, Revenue Operating Statistics, Statement 10 (I, II), 5-5402-120, published by Statistics Canada

quarterly

the day that is 60 days after the last day of the reporting period

 

8.

level III air carriers

Unit Toll Services, Revenue Operating Statistics, Statement 10 (III), 5-5402-101, published by Statistics Canada

annually

the day that is 60 days after the last day of the reporting period

 

9.

level I air carriers and level II air carriers that operate charter services

Charter Services, Revenue Operating Statistics, Statement 12 (I, II, III), 5-5402-103, published by Statistics Canada

quarterly

the day that is 60 days after the last day of the reporting period

 

10.

level III air carriers that operate charter services

Charter Services, Revenue Operating Statistics, Statement 12 (I, II, III), 5-5402-103, published by Statistics Canada

annually

the day that is 90 days after the last day of the reporting period

 

11.

level I air carriers, level II air carriers and level III air carriers

Balance Sheet, Statement 20 (I, II, III), 5-5402-107, published by Statistics Canada

annually

the day that is 90 days after the last day of the reporting period

 

12.

level I air carriers and level II air carriers

Statement of Revenues and Expenses, Statement 21 (I, II) Quarterly, 5-5402-109, published by Statistics Canada

quarterly

the day that is 60 days after the last day of the reporting period

 

13.

level I air carriers and level II air carriers

Statement of Revenues and Expenses, Statement 21 (I, II) Annual, 5-5402-110.1, published by Statistics Canada

annually

the day that is 90 days after the last day of the reporting period

 

14.

level III air carriers

Statement of Revenues and Expenses, Statement 21 (III), 5-5402-111.1, published by Statistics Canada

annually

the day that is 120 days after the last day of the reporting period

 

15.

level IV air carriers

Statement of Revenues and Expenses, Statement 21 (III, IV), 5-5402-146, published by Statistics Canada

annually

the day that is 90 days after the last day of the reporting period

 

16.

level I air carriers, level II air carriers, level III air carriers and level IV air carriers

Fleet Report, Statement 30 (I, II, III, V), 53500-72, published by Statistics Canada

October 15 of each year

the day that is 30 days after the last day of the reporting period

 

17.

level I air carriers, level II air carriers, level III air carriers and level IV air carriers

Aircraft Fleet and Fuel Consumption Report, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

 

18.

level I air carriers

Major Air Carriers Key Financial and Operating Statistics Monthly Survey, record number 5026, published by Statistics Canada

monthly

the day that is 14 days after the last day of the reporting period

 

19.

level I air carriers, level II air carriers and level III air carriers that transported more than 10 000 tonnes of cargo in the previous calendar year and foreign air carriers that transported more than 10 000 tonnes of cargo to or from Canada in the previous calendar year

Statement of Air Cargo Fluidity Indicators, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

 

20.

general aviation operators that have at least one aircraft with a maximum certificated take-off weight of 5 670 kg or more

General Aviation Operational Survey (Detailed), included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

21.

general aviation operators that have no aircraft with a maximum certificated take-off weight of 5 670 kg or more

General Aviation Operational Survey (Summary), included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

quarterly

the day that is 30 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

22.

general aviation operators

General Aviation Financial Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

electronically using Transport Canada’s Electronic Collection of Air Transportation Statistics program

SCHEDULE 2
(Section 22)

SCHEDULE II.1
(Subsection 12.2(4))

RAIL CARRIER DOCUMENTS

Item

Column I

Rail Carrier

Column II

Form

Column III
Reporting Period

Column IV

Day

1.

class I rail carriers, class II rail carriers and class III rail carriers

Locomotive Fleet Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

2.

class I rail carriers and class II rail carriers that transport passengers and that realized revenues of at least $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under subsection 12.2(2) of these Regulations

Passenger Rail Origin and Destination Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

3.

class I rail carriers and class II rail carriers that transport passengers and that realized revenues of less than $100,000,000 from transporting passengers in the calendar year before the year in which information is provided under subsection 12.2(3) of these Regulations

Passenger Rail Line Traffic Report, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

monthly

the day that is 30 days after the last day of the reporting period

SCHEDULE III
(Section 15 and subsection 15.1(2))

MARINE OPERATOR DOCUMENTS

Item

Column I
Marine Operator

Column II
Form

Column III
Reporting Period

Column IV
Day

1.

Canadian domiciled marine carriers

Annual Survey of Water Carriers, 5-3503-44.1, published by Statistics Canada

annually

the day that is May 20 in the year after the last day of the reporting period

2.

Canadian domiciled marine carriers other than ferry boat operators or tug boat operators

S.1 Domestic Shipping Report, 5-5400-47.1, published by Statistics Canada

beginning on the day on which the voyage begins and ending on the day on which the voyage ends

the day that is 40 days after the last day of the reporting period

3.

ferry boat operators and tug boat operators

S.4 Shipping Report - Towboat and Ferry Operators, 5-5400-43.1, published by Statistics Canada

quarterly

the day that is 40 days after the last day of the reporting period

4.

international marine carriers

General Declaration, form A6, published by the Canada Border Services Agency

beginning on the day on which the voyage begins and ending on the day on which the voyage ends

the day that is 40 days after the last day of the reporting period

5.

any marine operator

Freight/Cargo Manifest, form A6A, published by the Canada Border Services Agency

beginning on the day on which the voyage begins and ending on the day on which the voyage ends

the day that is 40 days after the last day of the reporting period

6.

Canadian domiciled marine carriers and domestic marine carriers

Annual marine fleet inventory and fuel consumption survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

SCHEDULE 3
(Section 24)

SCHEDULE IV.1
(Subsection 17.1(5))

MOTOR CARRIER DOCUMENTS

Item

Column I

Motor Carrier

Column II

Form

Column III
Reporting Period

Column IV

Day

1.

level I motor carriers, level II motor carriers, level III motor carriers and level IV motor carriers

Annual Truck Fleet Inventory and Fuel Consumption Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

2.

couriers

2007 Survey of the Couriers and Local Messengers Industry, 5-3600-132.1, published by Statistics Canada

annually

the day that is 30 days after the day on which the courier receives the form referred to in column II from Statistics Canada under the Statistics Act

3.

level I motor carriers, level II motor carriers, level III motor carriers and level IV motor carriers

Quarterly Trucking Survey, 5-5403-46.1 or 5-5403-47.1, published by Statistics Canada

quarterly

the day that is indicated on the survey label by Statistics Canada under the Statistics Act

4.

level I motor carriers, level II motor carriers, level III motor carriers and level IV motor carriers

The Annual Trucking Survey, 5-5403-149.1, published by Statistics Canada

annually

the day that is 30 days after the day on which the motor carrier receives the form referred to in column II from Statistics Canada under the Statistics Act

5.

level I motor carriers, level II motor carriers, level III motor carriers and level IV motor carriers

Trucking Commodity Origin and Destination Survey (TCOD), record number 2741, published by Statistics Canada

annually

the day on which the details are requested by Statistics Canada under the Statistics Act

SCHEDULE 4
(Section 25)

SCHEDULE V.1
(Subsection 19.1(4))

PASSENGER CARRIER DOCUMENTS

Item

Column I
Passenger Carrier

Column II

Form

Column III
Reporting Period

Column IV

Day

1.

passenger carriers that operate a scheduled service

Scheduled Intercity Bus Passenger Origin and Destination Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

quarterly

the day that is 60 days after the last day of the reporting period

2.

passenger carriers that operate a scheduled service

Passenger Motor Carrier Schedules Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

quarterly

the day that is 60 days after the last day of the reporting period

3.

any passenger carrier

Annual Bus Fleet Inventory and Fuel Consumption Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 90 days after the last day of the reporting period

4.

passenger carriers that operate a scheduled service

Scheduled Intercity Bus Freight and Parcel Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

quarterly

the day that is 60 days after the last day of the reporting period

5.

any passenger carrier

The Passenger Bus & Urban Transit Survey, 5-5400-99.1 A, published by Statistics Canada

annually

the day that is 30 days after day on which the passenger carrier receives the form referred to in column II from Statistics Canada under the Statistics Act

6.

passenger carriers that operate in two or more provinces

The Supplement to the Passenger Bus & Urban Transit Survey, 5-5404-99.1, published by Statistics Canada

annually

the day that is 30 days after day on which the passenger carrier receives the form referred to in column II from Statistics Canada under the Statistics Act

SCHEDULE 5
(Section 30)

SCHEDULE XI
(Subsection 40(3))

PORT AUTHORITY DOCUMENTS

Item

Column I

Form

Column II
Reporting Period

Column III

Day

1.

Port Infrastructure Survey, included in the Compendium of Survey Data Record Layouts, TP 14930, published by Transport Canada on April 30, 2010

annually

the day that is 60 days after the last day of the reporting period

[8-1-o]

Footnote a
S.C. 2007, c. 19, s. 8

Footnote b
S.C. 1996, c. 10

Footnote 1
Note that personal car use is not part of the affected industry. At $117 billion in expenditures in 2008, this was a major component of Canadian consumer spending but personal automobiles are not affected by the proposed Regulations.

Footnote 2
See International Standard Cost Model Manual, available on the OECD Web site, document No. 34227698, or the SCM Network Web site at www. administrative-burdens.com.

Footnote 3
This figure is derived from an average annual industrial wage of $44,900 per year for 2 000 h of work and grossed up by 45% (44 900 × 1.45/2 000 = 32.5525).

Footnote 4
See “The Canadian Outlook, 2010”, Conference Board of Canada, April 2010, and “The Outlook for Canada’s Transportation,” Conference Board of Canada (prepared for Strategic Policy Directorate, Transport Canada), December 2009.

Footnote 5
See “Benefit-cost Analysis of Rules: Foundations, Myths, Examples,” Remarks by John D. Graham prepared for a policy research initiative conference on “The Future of Strategic Evidence-based Regulation,” Ottawa, March 13, 2008.

Footnote 6
SOR/96-334; SOR/97-92; SOR/99-328