Bill C-11, An Act to Amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, received second reading in Parliament and was referred to committee.
As reported in the July, 2006 edition of The Competitor, Bill C-11 would require the notification of acquisitions of all "transportation undertakings" to the Minister of Transport, by sending a copy of the notification to the Minister (and, in the case of airlines, to the Canada Transportation Agency) at the same time that it is submitted to the Commissioner of Competition. The Minister will then have 42 days to decide whether to commence an inquiry by the Agency or another person into whether the acquisition is in the "public interest."
If a public interest review is commenced, the Commissioner will have up to 150 days after initial notification to report any competition concerns to the Minister, who will take the Commissioner’s views into account in determining whether to recommend that Cabinet approve the proposed transaction. Such public interest reviews are currently possible in respect of the acquisition of air transportation undertakings only.
Bill C-11, when enacted, will extend such reviews to all transportation acquisitions. CTA reviews will be in addition to any review on the basis of public interest required under the Investment Canada Act.
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