An Act to amend the Canada Transportation Act and the Railway Safety Act (S.C. 2015, c. 31)
Full Document:
Assented to 2015-06-18
Marginal note:2001, c. 29, s. 68
26. Subsection 32(4) of the Act is replaced by the following:
Marginal note:Implementation of safety management system
(3.2) If the Minister is of the opinion that a company is implementing any part of its safety management system in a manner that risks compromising railway safety, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.
Marginal note:Contents of notice
(4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.2) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.
27. The Act is amended by adding the following after section 32:
Marginal note:Order — safe railway operations
32.01 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.
Marginal note:2001, c. 29, s. 69; 2012, c. 7, s. 25
28. (1) Subsections 32.1(1) and (2) of the Act are replaced by the following:
Marginal note:Request for review
32.1 (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.
Marginal note:Time and place for review
(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay.
Marginal note:2001, c. 29, s. 69
(2) Subsection 32.1(3) of the English version of the Act is replaced by the following:
Marginal note:Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Marginal note:2001, c. 29, s. 69
29. (1) Subsection 32.2(1) of the English version of the Act is replaced by the following:
Marginal note:Right of appeal
32.2 (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.
Marginal note:2001, c. 29, s. 69
(2) Subsection 32.2(2) of the Act is replaced by the following:
Marginal note:Loss of right of appeal
(2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes that there was sufficient reason to justify their absence.
Marginal note:2001, c. 29, s. 69
30. Section 32.3 of the Act is replaced by the following:
Marginal note:Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) or section 32.01 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
Marginal note:2012, c. 7, s. 30
31. (1) Paragraphs 37(1)(a) and (b) of the Act are replaced by the following:
(a) respecting the keeping and preservation by any person of information, records and documents that are relevant to the safety of railway operations, including a complete set of the regulations, emergency directives, rules and orders made under this Act that apply to that person;
(a.1) respecting the submission of information, records and documents that are relevant to the safety of railway operations by any person other than the Minister to any person specified in the regulations;
(b) respecting the filing with the Minister, including at the Minister’s request, of information, records and documents kept and preserved under regulations made under paragraph (a); and
Marginal note:2012, c. 7, s. 30
(2) Subsection 37(2) of the Act is replaced by the following:
Marginal note:Application
(2) A regulation made under this section may be general or applicable to a group or class of persons.
Marginal note:Canada Transportation Act
(3) Information, records and documents that are filed with the Minister as required by a regulation made under paragraph (1)(b) are deemed to be information that is required to be provided to the Minister under the Canada Transportation Act.
Marginal note:1999, c. 9, s. 31
32. Paragraph 41(2)(b) of the Act is replaced by the following:
(b) an order made by the Minister under subsection 7(2) or 19(1), section 32 or 32.01 or contained in a notice sent by a railway safety inspector under section 31;
(b.1) an engineering standard;
Marginal note:2001, c. 29, s. 70
33. (1) Paragraph 46(d) of the Act is replaced by the following:
(d) orders and notices referred to in sections 31 to 32.5;
Marginal note:1999, c. 9, s. 33
(2) Paragraph 46(f) of the Act is replaced by the following:
(f) security measures formulated under subsection 39.1(1) and a notice referred to in subsection 39.1(2);
Marginal note:2012, c. 7, s. 37
34. (1) The portion of subparagraph 47.1(1)(a)(i) before clause (A) of the English version of the Act is replaced by the following:
(i) the designation of an executive who is
Marginal note:2012, c. 7, s. 37
(2) Subparagraph 47.1(1)(a)(iv) of the Act is replaced by the following:
(iv) in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to the Department of Transport by employees of contraventions of this Act or of any regulations, rules, certificates, orders or emergency directives under this Act relating to safety, or of other safety concerns, and
Marginal note:2012, c. 7, s. 37
(3) Paragraph 47.1(1)(c) of the Act is replaced by the following:
(c) the criteria to which a safety management system must conform as well as the components that must be included in the system, including the management of employee fatigue.
Marginal note:2012, c. 7, s. 37
(4) Subsection 47.1(3) of the Act is replaced by the following:
Marginal note:Environmental management plan
(3) The Governor in Council may make regulations requiring a company to file environmental management plans with the Minister and may make regulations respecting those plans and their filing with the Minister.
35. (1) Section 119 of the Act is amended by adding the following after subsection (1):
Marginal note:Regulations — retroactive validation
(1.1) Each of the following regulations is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5):
(2) Section 119 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Regulations deemed made
(1.2) Each of the following regulations is deemed to have been made by the Governor in Council under this Act and may be repealed by an order of the Governor in Council under subsection (5):
(b) Canadian National Railway Passenger Train Travel Rules and Regulations;
(d) Dominion Atlantic Railway Traffic Rules and Regulations;
(f) Lake Erie and Northern Railway Traffic Rules and Regulations;
(j) Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations; and
(3) Subsection 119(3) of the Act is replaced by the following:
Marginal note:Regulations related to safety
(2.1) Every regulation relating to railway safety that was made by the Commission under the Railway Act, other than a regulation referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation that was made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5).
Marginal note:Orders related to safety
(2.2) Every order relating to railway safety that was made by the Commission under the Railway Act, other than an order referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were an order that was made by the Minister under this Act, until it is repealed by an order of the Minister under subsection (5).
Marginal note:References to Commission or Agency
(3) In any regulation or order mentioned in any of subsections (1) to (2.2), a reference to the Canadian Transport Commission or the Agency, or to any officer of those bodies, shall be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with any modifications that the circumstances require.
(4) Subsection 119(5) of the Act is replaced by the following:
Marginal note:Power to repeal
(5) The Governor in Council may by order repeal a regulation or order referred to in any of subsections (1) to (1.2) or in subsection (2.1), and the Minister may by order repeal a regulation or order referred to in subsection (2) or (2.2) or a by-law referred to in subsection (4).
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