The legal structure of transport law is made up of a variety of provincial and federal laws that legislate the different means of transportation. Depending on the type of transportation (road, maritime, rail or air as well as persons, food products or hazardous materials), different legislative particularities and distinctions will arise.
A company that provides interprovincial transport services may fall under federal jurisdiction. Carriers have every interest to have their constitutional status analyzed acutely.
For example, a company that provides interprovincial transport services on a regular and ongoing basis may be considered as a federally-regulated company even though interprovincial transport represents only 5% or 10% of its total business. One of the effects of such a qualification is that the company shall be subject to Part 3 of the Canada Labour Code with respect to labour standards rather than the Act respecting labour standards.
Seeing as the consequences of ignoring these laws may be serious for a company, make sure to quickly contact the team at Bernier Fournier for advice and the protection of your interests. Promptness is of paramount importance in transport law.
Our legal advisory and representational services may be highly relevant to transport companies, companies that operate a merchandise delivery service or individuals who resort to a carrier’s services. We provide our services with respect to the following:
- Injuries suffered during transportation
- Insurance claims
- Breakage and damage to merchandise during transportation
- Movable hypothecs (vehicles)
- Offences against the Highway Safety Code
- Licences to transport applications
- Drafting of carriage contracts
- International trade
Our expertise in labour law and commercial law may prove useful in the management of a transport company’s everyday business.
We can provide representation before the Commission des transports du Québec¹, which is the agency that is responsible for enforcing the laws governing road transport in Québec and for regulating the transport industry. The CTQ has the power to withdraw a transport company owner’s operating authorization.
We can also challenge the decisions of the Commission des transports du Québec before the Tribunal administratif du Québec.
Place your confidence in us to determine the law that applies, grasp the whole picture and, when necessary, require the support of experts and specialists to clearly explain the possibilities available to you.
1 Consult the official site of the Commission des transports