An Act to ensure the safe operation of railways and to amend certain other Acts in consequence thereofRailway Safety ActRailway Safety201305
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R-4.232 (4th Supp.)1985[1988, c. 40, assented to 28th July, 1988]SHORT TITLEShort titleThis Act may be cited as the Railway Safety Act.APPLICATION OF ACTBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.Application generallyThis Act applies in respect of railways that are within the legislative authority of Parliament.ExceptionsDespite subsection (2), this Act does not apply in respect ofrailways referred to in section 16 of the Harbour Commissions Act; orrailways referred to in section 29 of the Canada Marine Act, except to the extent provided by regulations made under subsection 29(2) of that Act.
R.S., 1985, c. 32 (4th Supp.), s. 2;
1996, c. 10, s. 261;
2012, c. 7, s. 2.
Previous VersionOBJECTIVESObjectivesThe objectives of this Act are topromote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;encourage the collaboration and participation of interested parties in improving railway safety and security;recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; andfacilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.
R.S., 1985, c. 32 (4th Supp.), s. 3;
1996, c. 10, s. 262;
1999, c. 9, s. 1;
2012, c. 7, s. 3.
Previous VersionMinister’s responsibilities respecting railway safetyThe Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,promote railway safety and security by means that the Minister considers appropriate;provide facilities and services for the collection, publication or dissemination of information;undertake, and cooperate with persons undertaking, projects, technical research, study or investigation;inspect, examine and report on activities related to railway matters; andundertake other activities that the Minister considers appropriate or that the Governor in Council may direct.
2012, c. 7, s. 3.
INTERPRETATIONDefinitionsIn this Act,AgencyOfficeAgency means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act;alter[Repealed, 1999, c. 9, s. 2]authorized screeningcontrôleauthorized screening means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment;companycompagniecompany means a railway company or a local railway company;crossing workouvrage de franchissementcrossing work means a road crossing or a utility crossing;engineering standardsnormes techniquesengineering standards means engineering standards established pursuant to section 7;fatigue sciencescience de la fatiguefatigue science means a scientifically based, data-driven and systematic method used to measure and manage human fatigue;goodsbiensgoods means, except in the definition “utility line”, anything that may be taken or placed on board railway equipment as freight, baggage or personal belongings;highest level of safetyniveau de sécurité le plus élevéhighest level of safety means the lowest acceptable level of risk as demonstrated by a risk management analysis;line workligne de chemin de ferline work meansa line of railway, including any structure supporting or protecting that line of railway or providing for drainage thereof,a system of switches, signals or other like devices that facilitates railway operations, orany other structure built across, beside, under or over a line of railway, that facilitates railway operations,but does not include a crossing work;local railway companycompagnie de chemin de fer localelocal railway company means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway;MinisterministreMinister means the Minister of Transport;personpersonneperson includes a government of a municipality and a road authority;prescribedVersion anglaise seulementprescribed means prescribed by regulations;proponentpromoteurproponent, in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed by or under another Act;proposing party[Repealed, 1999, c. 9, s. 2]railwaychemin de ferrailway means a railway within the legislative authority of Parliament and includesbranches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, andcommunications or signalling systems and related facilities and equipment used for railway purposes;railway companycompagnie de chemin de ferrailway company means a person that constructs, operates or maintains a railway;railway equipmentmatériel ferroviaire ou trainrailway equipment meansa machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, ora vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;railway workinstallations ferroviairesrailway work means a line work or any part thereof, a crossing work or any part thereof, or any combination of the foregoing;relevant association or organizationorganisation intéresséerelevant association or organization, in relation to a railway company, means an association or organization that has been formed to represent the interests ofpersons employed by that railway company, orpersons owning or leasing railway equipment that is used on lines of railway operated by that railway companyand that is declared by order of the Minister to be a relevant association or organization in relation to that railway company;restricted areazone réglementéerestricted area means an area that is established under the regulations or a security document and to which access is restricted to authorized persons;roadrouteroad means any way or course, whether public or not, available for vehicular or pedestrian use;road authorityautorité responsable du service de voirieroad authority means a public authority having legal authority to open and maintain roads;road crossingfranchissement routierroad crossing means that part of a road that passes across, over or under a line of railway, and includes any structure supporting or protecting that part of that road or facilitating the crossing;safety management systemsystème de gestion de la sécuritésafety management system means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes;screening officeragent de contrôlescreening officer means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act;security documenttexte relatif à la sûreté du transport ferroviairesecurity document means any of the following documents:a rule approved or proposed for approval under section 19 or 20 that relates to security,an order made under subsection 31(3) that relates to security,an emergency directive made under section 33 that relates to security, anda security measure formulated under subsection 39.1(1);superior courtcour supérieuresuperior court meansin the Province of Ontario, the Superior Court of Justice,in the Provinces of Prince Edward Island and Newfoundland, the trial division of the Supreme Court of the Province,in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the Province,in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,in the Province of Quebec, the Superior Court of the Province, andin Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;TribunalTribunalTribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act;utility crossingfranchissement par desserteutility crossing means that part of a utility line that passes over or under a line of railway, and includes any structure supporting or protecting that part of that utility line or facilitating the crossing;utility linedesserteutility line means any wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.[Repealed, 2012, c. 7, s. 4]References to proposed railway worksA reference in this Act to a proposed railway work shall be construed, in a case where a person proposes to alter an existing railway work, as meaning the railway work as proposed to be so altered.Safe railway operations, etc.In determining, for the purposes of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property.Threats and immediate threatsFor the purposes of this Act, a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists.Filing or sending notices and documentsWith the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must bein the case of an individual, by personal service, by facsimile or by mailing it by registered mail to the person’s latest known address;in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; orin either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister.
R.S., 1985, c. 32 (4th Supp.), s. 4;
1992, c. 51, s. 61;
1996, c. 10, s. 263;
1998, c. 30, ss. 13(F), 15(E);
1999, c. 3, s. 82, c. 9, s. 2;
2001, c. 29, s. 64;
2002, c. 7, s. 234(E);
2012, c. 7, s. 4.
Previous VersionInconsistencies with operating agreementsThis Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them.
2012, c. 7, s. 5.
RELATIONSHIP TO NAVIGABLE WATERS PROTECTION ACTCompliance with Navigable Waters Protection ActWhere a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water within the meaning of the Navigable Waters Protection Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Navigable Waters Protection Act.COORDINATION AGREEMENTSAgreements between Department and AgencyThe Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it:the coordination of the activities of the Department of Transport and the Agencyrelating to the construction, alteration, operation or maintenance of railway works and railway equipment, orin determining whether a person is constructing, operating or maintaining a railway; andprocedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters.
R.S., 1985, c. 32 (4th Supp.), s. 6;
2012, c. 7, s. 6.
Previous VersionAgreements with provincial ministersThe Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respectingrailway safety and security and the safety aspects of railway crossings; ormatters relating to the protection of the environment to which this Act applies.Designation of body or personThe Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.Duties and powersThe designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement.
2012, c. 7, s. 6.
Agreements with provincial authoritiesThe Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authority’s jurisdiction.
2012, c. 7, s. 6.
CONSTRUCTION OR ALTERATION OF RAILWAY WORKSStandardsRegulationsThe Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards.Railway company required to formulate standardsThe Minister may, by order, require a railway companyto formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; andwithin a period specified in the order, to file the formulated or revised standards with the Minister for approval.Formulation or revision of standardsA railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative.Application of certain provisionsSubsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations.
R.S., 1985, c. 32 (4th Supp.), s. 7;
1999, c. 9, s. 3;
2012, c. 7, s. 7(F).
Previous VersionConstruction of Road CrossingsRegulationsThe Governor in Council may make regulations regulating or prohibiting the construction of road crossings.
1999, c. 9, s. 4.
Notice of Certain Proposed Railway WorksNotice of certain proposed railway worksIf a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work.Filing of objectionsA person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister.Withdrawal of objectionA person who has filed an objection under subsection (2) and subsequently wishes to withdraw that objection shall so notify the proponent and the Minister, and the objection shall be deemed to be withdrawn on receipt by the Minister of the notice.
R.S., 1985, c. 32 (4th Supp.), s. 8;
1999, c. 9, ss. 5, 37(E).
Frivolous or vexatious objectionsWhere the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act.Proponent to be notifiedThe Minister shall send a copy of a notice under subsection (1) to the proponent.
R.S., 1985, c. 32 (4th Supp.), s. 9;
1999, c. 9, s. 37(E).
Undertaking of Proposed Railway WorksRailway works for which Ministerial approval requiredWherea proposed railway work departs from any applicable engineering standards, ora proposed railway work is one in respect of which notice has been given under subsection 8(1) and, at the expiration of the period specified in that notice for the filing of objections, there is an outstanding objection,the proponent shall not undertake that work otherwise than in accordance with the terms of the Minister’s approval given under this section pursuant to a written request, filed with the Minister, for such approval.Request for approval before end of notice periodA request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent.Withdrawal of objectionA proposed railway work described in paragraph (1)(b) may be undertaken without the Minister’s approval if the outstanding objection is withdrawn.Material to accompany request for Minister’s approvalA request to the Minister for approval of a proposed railway work pursuant to subsection (1) must be accompaniedin all cases, by a plan of the work to which the request relates, which plan must include such drawings, specifications and other particulars as are prescribed;where paragraph (1)(a) applies, by a statement setting out the manner in which the work departs from the applicable engineering standards and the reasons for such departure; andwhere paragraph (1)(b) applies, by the response of the proponent to the outstanding objections.Consideration of requests for approvalOn receipt of a request for approval of a proposed railway work under this section, the Minister shall, having regard to the material referred to in subsection (2) and any other factors that the Minister deems relevant, consider whether the proposed railway work is consistent with safe railway operations and shall, before the expiration of the assessment period,if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are specified in the notice; orif not satisfied that the work is consistent with safe railway operations, by noticeinform the proponent and any objecting party that the Minister refuses to approve the work and of the reasons why the Minister is not so satisfied, ordirect the proponent to file with the Minister and any objecting party, within the period specified in the notice, such further particulars relating to the work as are specified in the notice.Late approvalWhere a railway work has been undertaken without the required approval of the Minister having first been given, the Minister may nevertheless approve the work in accordance with this section.Minister may seek adviceThe Minister may, in deciding whether to approve a proposed railway work, engage any person or organization having expertise in matters of safe railway operations to furnish advice to the Minister in relation to the matter.Further particularsWhere the proponent is directed to file further particulars pursuant to subparagraph (3)(b)(ii) andfails to file the further particulars within the period referred to in that subparagraph, it shall be deemed to have withdrawn its request to the Minister for approval of the work; orfiles the further particulars within the period referred to in that subparagraph, this Act shall thereupon have effect as if the request that the Minister approve the work had been filed only at the time when the further particulars were filed.Period for which approval in forceThe Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration ofthe period specified in the approval; orif the approval does not specify a period, one year after the approval is given.Definition of “assessment period”In this section, assessment period, in relation to a request that the Minister approve a proposed railway work, meansthe period of sixty days commencing on the day on which the request is filed; orif, before the expiration of the period referred to in paragraph (a), the Minister determines that, by reason of the complexity of the work to which the request relates, the number of requests filed or any other reason, it is not feasible to consider the request before the expiration of that period, and so notifies the proponent and any objecting party, such period in excess of that period of sixty days as the Minister specifies in the notices.Period of inquiry not part of assessment periodWhere, pursuant to section 40, the Minister directs a person to conduct an inquiry respecting a proposed railway work, the period commencing on the day when the Minister so directs and ending on the day when the person reports back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.
R.S., 1985, c. 32 (4th Supp.), s. 10;
1999, c. 9, ss. 6, 37(E).
Sound engineering principlesAll work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.Engineering workAll engineering work relating to railway works must be approved by a professional engineer.
R.S., 1985, c. 32 (4th Supp.), s. 11;
1999, c. 9, s. 7;
2012, c. 7, s. 8.
Previous VersionGrants for Proposed Railway Works and Other Undertakings Contributing to Safe Railway Operations and to Public Safety at Road CrossingsGrants relating to crossings at gradeWhere a proposed railway workwould improve the safety of a crossing at grade of a road and a line of railway, orwould cause or permit, in the interest of safe railway operations, the abandonment or relocation of a crossing at grade of a road and a line of railway,and that crossing has been in existence for public use for at least three years, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.IdemWhere a proposed railway work results, directly or indirectly, from an order of the Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would improve the safety of a crossing at grade of a road and a line of railway, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.Time for applying for grantThe proponent may apply for a grant under this section only ifwhere the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; orwhere the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.Minister may authorize making of grantWhere an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.Terms and conditions of grantIn authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.Maximum grant levelThe amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.Extended meaning of “railway work”In this section, “railway work” includes the relocation of any portion of a public road.
R.S., 1985, c. 32 (4th Supp.), s. 12;
1999, c. 9, s. 37(E).
Agreements for closing road crossingsThe Minister may enter into an agreement with a person who has rights under Part III of the Canada Transportation Act, or otherwise, relating to a road crossing to close the crossing in the interest of safe railway operations.Grants relating to closing crossingsThe agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person’s rights relating to the crossing are extinguished.
1999, c. 9, s. 8.
Grants for construction or alteration of grade separationsWhere a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.Time for applying for grantThe proponent may apply for a grant under this section only ifwhere the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; orwhere the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.Minister may authorize making of grantWhere an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.Terms and conditions of grantIn authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.Maximum grant levelThe amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.Definition of “grade separation”In this section, grade separation means structures necessary to provide forthe passage of a public road under or over a line of railway; orthe passage of a line of railway under or over a public road.
R.S., 1985, c. 32 (4th Supp.), s. 13;
1999, c. 9, s. 37(E).
Grants for programs, studies, projects and worksWhere the Minister is satisfied thata program or study related to education or research,a project relating to the design, demonstration or evaluation of railway works or railway equipment, orthe construction of a work, other thana railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway,a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, ora railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6),is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work.Terms and conditions of grantIn authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.Appropriation for grantsGrants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.
R.S., 1985, c. 32 (4th Supp.), s. 15;
1999, c. 9, s. 9.
Reference to AgencyThe proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.Manner of referenceA reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations.Further informationThe Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice.Agency to apportion expenditureWhere a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.LimitationHowever, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.RegulationsThe Agency may, with the approval of the Governor in Council, make regulationsprescribing the form of the notice for a reference under this section; andprescribing the information to accompany that notice.Regulations – exemptionThe Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).ClarificationA regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.Extended meaning of railway workIn this section, railway work includes the relocation of any portion of a public road.InterpretationNotwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.
R.S., 1985, c. 32 (4th Supp.), s. 16;
1996, c. 10, s. 264;
1999, c. 9, s. 10;
2012, c. 19, s. 484.
Previous VersionMinister may simultaneously consider requests for grant and for section 10 approvalWhere the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.[Repealed, 1999, c. 9, s. 11]
R.S., 1985, c. 32 (4th Supp.), s. 17;
1999, c. 9, ss. 11, 37(E).
OPERATION AND MAINTENANCE OF RAILWAY WORKS AND EQUIPMENTProhibitionsCompliance with regulations and rulesNo railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with the regulations and with the rules made in respect of the company under sections 19 and 20, except to the extent that the company is exempt from their application under section 22 or 22.1.
2012, c. 7, s. 11.
Crossing worksNo person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.
2012, c. 7, s. 11.
RegulationsRegulationsThe Governor in Council may make regulationsrespecting the operation or maintenance of line works, and the design, construction, alteration, operation and maintenance of railway equipment, which regulations may embrace, among other things, performance standards;declaring positions in railway companies to be critical to safe railway operations;respecting the following matters, to the extent that they relate to safe railway operations, in relation to persons employed in positions referred to in paragraph (b):the training of those persons, both before and after appointment to those positions,hours of work and rest periods to be observed by those persons,minimum medical, including audiometric and optometric, standards to be met by those persons,the control or prohibition of the consumption of alcoholic beverages and the use of drugs by those persons,the establishment of support programs for those persons and standards applicable to such programs, andthe establishment of a scheme for licensing those persons; andrespecting the prevention and control of fires on railway works.Regulations — crossing worksThe Governor in Council may make regulations respecting crossing works, including regulations for requiring a railway company, road authority or other person who has rights relating to a road crossing to conduct a safety review of the road crossing following an accident of a type specified in the regulations.Regulations — securityThe Governor in Council may make regulations respecting the security of railway transportation.ApplicationA regulation made under this section may be general or applicable to a group or class of persons or companies.Regulations to override rulesIf the Governor in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are inconsistent with rules approved in relation to a particular company by the Minister under section 19 or 20 in respect of that matter, those rules are at that time revoked to the extent of the inconsistency.
R.S., 1985, c. 32 (4th Supp.), s. 18;
1999, c. 9, s. 12;
2012, c. 7, s. 13.
Previous VersionRulesFormulation or revision of rulesThe Minister may, by order, require a companyto formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; andwithin a specified period, to file the formulated or revised rules with the Minister for approval.Company to consultA company shall not file rules with the Minister under subsection (1) unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules toin the case of a railway company, each relevant association or organization that is likely to be affected by the implementation of the rules; orin the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.Notice to accompany rulesWhen rules are filed with the Minister by a company pursuant to an order under subsection (1), the company shall, by notice filed with those rules, identify each association or organization or any railway company that was consulted and attach a copy of any objection that is made by any of them on grounds of safety.Consideration of rulesAfter rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall consider, without delay, whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the company and the views of each relevant association or organization or any railway company identified under subsection (3) and to any other factor that the Minister considers relevant, those rules are conducive to safe railway operations by the company, and shall, before the expiration of the assessment period in relation to those rules,if the Minister is so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; orif the Minister is not so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.Request for amendment to terms and conditionsA company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend the terms and conditions specified under paragraph (4)(a), and shall send a copy of the request toin the case of a railway company, each relevant association or organization that is likely to be affected by the amendment to the terms and conditions; orin the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the amendment to the terms and conditions.AmendmentsAfter receiving a request from a company under subsection (4.1), the Minister may amend the terms and conditions and, in that case, shall provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection (4.1).Minister may seek adviceThe Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.Effective date of rulesRules approved by the Minister under subsection (4) come into force on a day specified by the Minister, but if they replace any regulations, they may not come into force earlier than the day on which the regulations are repealed.Revision of rulesIf the Minister notifies a company that the Minister refuses to approve rules filed by the company in respect of a matter pursuant to an order under subsection (1),the company may, unless the Minister indicates in that notice an intention to establish rules in respect of that matter under subsection (7), formulate and file with the Minister further rules as if the order made pursuant to subsection (1) had been made on the date of receipt by the company of the notice of refusal; andthe provisions of this section apply in relation to those further rules, with any modifications that the circumstances require.Failure to file rulesIf, in respect of a matter, a company fails to file rules pursuant to an order under subsection (1), or a company files rules pursuant to an order under subsection (1) but the Minister refuses to approve those rules, the Minister may, by order, establish rules in respect of that matter.ConsultationThe Minister may not, under this section, establish rules applying to a company unless the Ministerhas given, during a period of sixty days, a reasonable opportunity for consultation with the Minister on the rules to that company andin the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules, andin the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules; andhas considered any objection, on grounds of safety, to the establishment of the rules that is made in the course of that consultation.Rules established by MinisterRules established by the Minister under subsection (7) in relation to a company have the same effect as if they had been formulated by the company and approved by the Minister under subsection (4).Definition of assessment periodSubject to subsection (11), in this section, assessment period, in relation to rules filed with the Minister under this section, meansthe period of sixty days commencing on the day after the day on which the rules are filed; orif, before the expiration of that period of sixty days, the Minister determines that, by reason of the complexity of the rules or the number of rules filed or for any other reason, it will not be feasible to consider the rules within that period, and so notifies the company concerned, any greater period that the Minister specifies in the notice.Period of inquiry not part of assessment periodIf, pursuant to section 40, the Minister directs persons to conduct an inquiry respecting proposed rules, the period commencing on the day when the Minister so directs and ending on the day when the persons report back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.
R.S., 1985, c. 32 (4th Supp.), s. 19;
1999, c. 9, s. 13;
2012, c. 7, s. 14.
Previous VersionFormulation or revision of rulesA company shall file with the Minister for approval any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it proposes to formulate or revise on its own initiative.ConsultationA company may not file rules with the Minister under subsection (1) unless it has first given a reasonable opportunity during a period of sixty days for consultation with it concerning the rules,in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules; orin the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.Rules to be accompanied by noticeRules filed with the Minister by a company pursuant to subsection (1) shall be accompanied by a noticesetting out the reasons why the company proposes to formulate or revise the rules; andidentifying any relevant association or organization or any railway company that objects, on grounds of safety, to the implementation of those rules and attaching a copy of the notice of objection.Application of certain provisionsSubsections 19(4) to (5.1), (10) and (11) apply in relation to the filing and consideration of rules filed with the Minister under subsection (1) as if the rules had been duly filed in compliance with an order made under subsection 19(1).
R.S., 1985, c. 32 (4th Supp.), s. 20;
1999, c. 9, s. 14;
2012, c. 7, s. 14.
Previous VersionThird partyA third party may act for and on behalf of a company in all matters relating to the formulation or revision of standards or rules under sections 7, 19 and 20.
2012, c. 7, s. 14.
Regulations — formulation of rulesThe Governor in Council may make regulations respecting the process for the formulation or revision of rules applicable to companies and for the amendment of their terms and conditions.ApplicationA regulation made under subsection (1) may be general or applicable to a group or class of companies.
2012, c. 7, s. 14.
Miscellaneous Provisions Relating to Regulations and RulesUniformity of rulesIn establishing, under section 19 or 20, rules applying to a particular company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular company, the Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and practicable to do so, ensure that those rules are uniform with rules dealing with a like matter and applying to other companies.
R.S., 1985, c. 32 (4th Supp.), s. 21;
2012, c. 7, s. 14.
Previous VersionExemption by order in councilThe Governor in Council may, by order, on any terms and conditions that are specified in the order,exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; orexempt a specified person from the application of a specified provision of regulations made under subsection 18(2).Exemption by MinisterIf, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; orexempt a specified person from the application of a specified provision of regulations made under subsection 18(2).Sending of noticesA notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.ApplicationA company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.Company to consultA company may not apply for an exemption under subsection (4) unless it has first givenin the case of a railway company, each relevant association or organization that is likely to be affected by the exemption, andin the case of a local railway company, any railway company on whose line the local railway company operates railway equipment and that is likely to be affected by the exemption,a reasonable opportunity during a period of sixty days to consult with it, except that it may apply for the exemption before the end of those sixty days if it has received comments from all those associations and organizations or from that railway company, as the case may be.Copy of commentsThe company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.Period for granting applicationThe Minister may grant the application within sixty days after receiving it if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations. The Minister may extend the time for granting the application for an additional period of up to sixty days.
R.S., 1985, c. 32 (4th Supp.), s. 22;
1999, c. 9, s. 15;
2012, c. 7, s. 14.
Previous VersionOther exemptionsA company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption from the application of any provision of standards formulated under section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under section 19 or 20 for a period of up to six months.NoticeA notice under subsection (1) shall be filed with the Minister andin the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; orin the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.ObjectionsEach of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.Minister’s decisionThe Minister maywithin twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; orwithin thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.Effective dateAn exemption is effective ifthe company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;no objections are confirmed by the Minister under paragraph (4)(a);the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; orthe Minister does not deny the exemption under paragraph (4)(c).
1999, c. 9, s. 16;
2012, c. 7, s. 14.
Previous VersionOperation and Maintenance of Railway Works to Accord with Regulations and Rules[Repealed, 2012, c. 7, s. 15]Previous VersionAudible WarningsUse of whistlesNo person shall use the whistle on any railway equipment in an area within a municipality ifthe area meets the requirements prescribed for the purposes of this section; andthe government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution,consulted the railway company that operates the relevant line of railway,notified each relevant association or organization, andgiven public notice of its intention to pass the resolution.Ministerial decisionThe Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final.ExceptionsDespite subsection (1), the whistle may be used ifthere is an emergency;any rules in force under section 19 or 20 require its use; ora railway safety inspector orders its use under section 31.
1999, c. 9, s. 18.
NON-RAILWAY OPERATIONS AFFECTING RAILWAY SAFETYRegulationsRegulationsThe Governor in Council may make regulationsrespectingthe control or prohibition of the construction or alteration, orthe control of the maintenanceof buildings and other structures, not being railway works, erected or proposed to be erected above or below a line of railway, or on land adjoining the land on which the line is situated, to the extent only that is necessary to prevent those buildings or structures from constituting a threat to safe railway operations;respecting the control or prohibition of the construction, alteration or operation of any mine or other works, not being railway works, constructed or proposed to be constructed below or on land adjoining the land on which a line of railway is situated, to the extent only that is necessary to prevent those mines or works from constituting a threat to safe railway operations;respectingthe control or prohibition of the construction or alteration, andthe control of the maintenance,on land adjoining the land on which a line of railway is situated, of drainage systems that would constitute a threat to safe railway operations;respecting the control or prohibition of the presence or storage, on land adjoining the land on which a line of railway is situated, of specified materials;respectingthe removal of anything, including trees or brush, that might, by obscuring clear vision either of a road or of a line of railway, constitute a threat to safe railway operations,the removal of weeds that are on or along lines of railway, andthe use of alternatives to chemical pesticides under subparagraphs (i) and (ii);for restricting or preventing, by means of fences, signs or any other means, access to the land on which a line of railway is situated by persons — other than employees or agents or mandataries of the railway company concerned, or of the local railway company authorized to operate railway equipment on the railway — or by vehicles or animals, if their presence on that land would constitute a threat to safe railway operations;respecting the construction, alteration and maintenance of roads for the purpose of ensuring safe railway operations;respecting the control of vehicular and pedestrian traffic on road approaches to road crossings for the purpose of ensuring safe railway operations; andrespecting the control or prohibition of any other activity, on land adjoining the land on which a line of railway is situated, that could constitute a threat to safe railway operations.Exemption by MinisterThe Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of any regulation made under subsection (1) if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety.CompensationWhere the owner, lessee or occupier of land adjoining the land on which a line of railway is situated, the owner, lessee or occupier of any building or other structure erected on that adjoining land, or the owner of any mine or other works operated on that adjoining land, suffers a loss by reason of the operation of the regulations made under this section, the railway company operating that line of railway shall pay to that person such compensation in respect of that loss as is agreed to between the railway company and that person or, failing such agreement, as is determined pursuant to section 26.
R.S., 1985, c. 32 (4th Supp.), s. 24;
1994, c. 15, s. 1(F);
1999, c. 9, s. 19;
2012, c. 7, s. 16.
Previous VersionPower of Railway Companies on Adjoining LandsEntry onto land adjoining line of railwayFor the purpose of preventing a threat to safe railway operations on a line of railway or restoring safe railway operations on a line of railway, a railway company may enter onto any land adjoining the land on which the line of railway is situatedat any time, in order to maintain or alter railway works or remove obstructions to them, if no other access to the line of railway is reasonably available, and remain on the land for as long as is necessary to accomplish that purpose;at any time, in order to deal with any fire occurring on either of those lands;at any reasonable time, on giving notice in writing of its intention to do so to the owner of the adjoining land, in order to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e); orat any time between November 1 and March 31, in order to install or maintain a snow fence.Power of road authority to enter land adjoining line of railwayFor the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e), if the road authority gives notice in writing to the owner of the land of its intention to do so.Removal of snow fencesA railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.CompensationIf the owner, lessee or occupier of adjoining land suffers a loss because of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person any compensation in respect of that loss that they may agree on or, failing an agreement, that is determined under section 26, but the payment of compensation is not a condition precedent to the exercise of the power.
R.S., 1985, c. 32 (4th Supp.), s. 25;
1996, c. 10, s. 265;
1999, c. 9, s. 20;
2012, c. 7, s. 17.
Previous VersionPowers of AgencyReference to AgencyWhere the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act, refer the matter to the Agency for a determination.Manner of referenceA reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information as is prescribed by those regulations.Further informationThe Agency may, in its discretion, by notice given to the person referring a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to the compensation claimed as the Agency specifies in the notice.Agency to determine compensationWhere a matter is referred to the Agency under subsection (1), the Agency shall determine the amount of compensation to be paid by the railway company to the owner, lessee or occupier in question.RegulationsThe Agency may, with the approval of the Governor in Council, make regulationsprescribing the form of the notice for a reference under this section; andprescribing the information to accompany that notice.InterpretationNotwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.
R.S., 1985, c. 32 (4th Supp.), s. 26;
1996, c. 10, s. 266.
Access to Line Works ProhibitedNo access to line worksNo person shall, without lawful excuse, enter on land on which a line work is situated.
1994, c. 15, s. 2.
Road users to give wayThe users of a road shall give way to railway equipment at a road crossing if adequate warning of its approach is given.
1999, c. 9, s. 20.1;
2012, c. 7, s. 18(F).
Previous VersionADMINISTRATION AND ENFORCEMENTRailway Safety Inspectors and Screening OfficersDesignationThe Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.Exercise of powers and dutiesWhen carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.Inspector to show certificateA railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof.Evidence in civil suits precludedNo railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister.Inspector not personally liableA railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act.
R.S., 1985, c. 32 (4th Supp.), s. 27;
1999, c. 9, s. 22;
2012, c. 7, s. 19.
Previous VersionRefusal to designate etc.The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.Suspension or cancellation of designation for offencesThe Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.Suspension of designation for immediate threatThe Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.
2001, c. 29, s. 65.
NoticeIf the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.Contents of noticeA notice under subsection (1) shall includethe grounds for the Minister’s decision; andthe address at which, and the date, being thirty days after the notice is sent, on or before which, the person may file a request for a review of the decision.Effective date of suspension or cancellationIn the case of a suspension or cancellation, the effective date of the decision shall not be earlier thanin the case of a decision made under subsection 27.1(1) or (3), the day that the notice was received by the person; andin the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent.
2001, c. 29, s. 65.
Request for reviewA person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision.Effect of requestA request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision.ExceptionOn application in writing by the person affected by a decision made under subsection 27.1(2), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, unless he or she is of the opinion that granting a stay would constitute a threat to railway security.
2001, c. 29, s. 65.
Time and place for reviewOn receipt of a request filed under subsection 27.3(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.Person not compelled to testifyIn a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.DeterminationThe member mayin the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; orin the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination.
2001, c. 29, s. 65.
Right of appealWithin thirty days after the determination,a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; ora person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.Loss of right of appealA party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear the appeal mayin the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; orin the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.
2001, c. 29, s. 65.
Decision to remain in effect pending reconsiderationIf a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.
2001, c. 29, s. 65.
ReconsiderationIn the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.Procedure applicableOn receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.
2001, c. 29, s. 65.
Definition of designationFor the purposes of sections 27.1 to 27.7, designation includes any privilege accorded by a designation.
2001, c. 29, s. 65.
Inspector’s powersA railway safety inspector may, at any time,for the purpose of ensuring compliance with this Act and with the regulations, emergency directives, rules, orders and security measures made under this Act, enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the operation or maintenance of a railway or the operation of railway equipment, and carry out any inspection that the inspector considers necessary in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector;require any person appearing to be in charge of the place to produce any document, regardless of physical form or characteristics, for inspection or for the purpose of making copies or taking extracts;seize any property found in the course of that inspection on the railway work or in the railway equipment that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act, and may submit that property to reasonable tests; andrequire the attendance of persons whom the inspector deems relevant to the carrying out of the inspector’s functions, and may question those persons.IdemWhere a railway safety inspector believes, on reasonable grounds, that an offence under this Act is being or has been committed at or in any place other than a railway work or railway equipment and that evidence of that offence is likely to be found at that place, the inspector may, if the offence relates to a matter for which the inspector is designated, and subject to subsection (3),enter and search that place for evidence of that offence; andseize any property found in the course of the search that the inspector believes, on reasonable grounds, will afford evidence with respect to that offence, and submit that property to reasonable tests.Conditions for exercise of powers under subsection (2)A railway safety inspector shall not exercise the powers referred to in subsection (2) unlessthe person apparently in charge of the place consents to the entry and search;the powers are exercised in relation to that place under the authority of a warrant; orby reason of exigent circumstances, it would not be practicable for the inspector to obtain a warrant.Forcible entry must be specifically authorizedIn executing a warrant, a railway safety inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
R.S., 1985, c. 32 (4th Supp.), s. 28;
1999, c. 9, s. 23;
2012, c. 7, s. 20.
Previous VersionSeized property to be returnedAny property seized by a railway safety inspector under section 28 shall be returned to the person from whom the seizure was made or to any other person who appears on reasonable grounds to be entitled thereto, afterthe provision of this Act or the regulations, the emergency directive, the rule or the order in respect of the contravention of which the property was seized has, in the opinion of the inspector, been complied with, orthe expiration of a period of thirty days from the day of the seizure,whichever first occurs, unless before that time proceedings are instituted in respect of an offence under this Act in relation to the property seized, in which case it may be detained until the proceedings are finally concluded.Application for return of seized propertyWhere proceedings referred to in subsection (1) have been instituted, a person from whom property that is the subject-matter of the proceedings was seized, or any other person who appears on reasonable grounds to be entitled to that property, may apply to the court before which the proceedings were instituted for an order that the property be returned to the applicant.Court orderWhere the court is satisfied thatsufficient evidence for the purposes of the proceedings exists or may be produced without detaining the seized property, andno threat to safe railway operations would result from the release of the property,the court may grant the application and order the return of the property forthwith to the applicant, subject to any terms and conditions that appear necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.Where person convictedSeized property that is detained until the final conclusion of proceedings shall be returned to the person from whom the seizure was made, or to any other person who appears on reasonable grounds to be entitled thereto, unless that person has been convicted of an offence under this Act, in which case the property may be detained until any fine imposed on conviction has been paid, or sold under execution in satisfaction of the fine or any part thereof.Assistance to inspectorsThe owner or person in charge of any railway work, railway equipment or other place, building or work inspected by a railway safety inspector pursuant to section 28, and every person found therein or thereat, shall give the inspector all reasonable assistance in that person’s power to enable that inspector to carry out the inspector’s functions under this Act.Obstruction of inspectorsNo person shall, while a railway safety inspector is carrying out the inspector’s functions under this Act,fail to comply with any reasonable request of the inspector;except with the authority of the inspector, remove, alter or interfere in any way with any thing seized or removed by the inspector; orotherwise obstruct or hinder the inspector.Orders Concerning Use of Railway Works or EquipmentInspector may forbid or restrict use of unsafe works or equipmentIf a railway safety inspector is of the opinion that the standard of construction or maintenance of a line work or railway equipment of a company poses a threat to safe railway operations, the inspectorshall, by notice sent to the company, inform the company of that opinion and of the reasons for it; andmay, in the notice, if the inspector is satisfied that the threat is immediate, order the company to ensure that the line work or railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.Inspector may forbid or restrict use of unsafe crossing workIf a railway safety inspector is of the opinion that the standard of construction or maintenance of a crossing work threatens safe railway operations, the inspector, by notice sent to the person responsible for the maintenance of the crossing work and to the railway company concerned,shall inform them of that opinion and of the reasons for it; andmay, if the inspector is satisfied that the threat is immediate, order either of them to ensure that the crossing work not be used, or not be used otherwise than under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.Unsafe use of road crossingIf a railway safety inspector is of the opinion that the method of operating a vehicle over a road crossing threatens safe railway operations, the inspector, by notice sent to the driver or operator of the vehicle,shall inform them of that opinion and of the reasons for it; andmay, if the inspector is satisfied that the threat is immediate, order them to stop using the road crossing or to use it only under terms and conditions specified in the notice, until the threat is removed to the inspector’s satisfaction.Inspector may forbid operation of certain works or equipmentIf a railway safety inspector is of the opinion that the operation of a line work or railway equipment threatens the safety or security of railway operations, the inspector, by notice sent to the company or to any other person who owns or leases the equipment,shall inform them of that opinion and of the reasons for it; andmay, if the inspector is satisfied that the threat is immediate, order either of them to ensure that the line work or railway equipment not be operated, or not be operated otherwise than under specified terms and conditions, unless it is operated so as to remove the threat, to the inspector’s satisfaction.Limitation of inspector’s powersFor the purposes of subsection (1) or (2), a railway safety inspector shall not determine that the standard of construction or maintenance poses a threat to safe railway operations if that standard conforms to all applicable regulations, rules and emergency directives.Contents of noticeA notice under subsections (1) to (3) that contains an order shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order of the railway safety inspector.Minister to be informed of orderIf a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.Copies of certain notices to be served on supervisorIf a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is directly responsible for the works or equipment concerned or, in the absence of that supervisor, to the employee who is at that time in charge of the works or equipment concerned.Effect of orderAn order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.Alteration and revocation of orders by other inspectorsAn order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act.Reviewable orderThe alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.When alteration or revocation effectiveAn alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation.
R.S., 1985, c. 32 (4th Supp.), s. 31;
1999, c. 9, s. 24;
2001, c. 29, s. 66;
2012, c. 7, s. 21.
Previous VersionRequest for review of order of railway safety inspectorA person who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.Time and place for reviewOn receipt of a request filed under subsection (1), the Tribunal shall without delay appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.DeterminationThe member may confirm the order or refer the matter to the Minister for consideration.
2001, c. 29, s. 67;
2012, c. 7, s. 22.
Previous VersionRight of appealThe person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal.Loss of right of appealIf the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter to the Minister for consideration.
2001, c. 29, s. 67.
No stay of orderAn order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).
2001, c. 29, s. 67.
Consideration by MinisterIf a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.
2001, c. 29, s. 67.
When alteration or revocation effectiveAn alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.
2001, c. 29, s. 67;
2012, c. 7, s. 23(E).
Previous VersionMinisterial OrdersOrders concerning unauthorized or improperly maintained worksWhere, in the opinion of the Minister,a railway work the construction of which began after the coming into force of this section has not been constructed in accordance with the requirements imposed by or under this Act,any railway work has not been altered in accordance with the requirements imposed by or under this Act, orany railway work is not being, or has not been, maintained in accordance with the requirements imposed by or under this Act,the Minister mayby notice sent to the person responsible for the work, order the person to remove or modify the work, andwhere a person fails to comply with an order made under paragraph (d), remove and destroy the work concerned and sell, give away or otherwise dispose of the materials contained in that work.CostsWhere the Minister removes, destroys or disposes of a railway work under paragraph (1)(e), the costs of and incidental to doing so, after deducting therefrom any sum that may be realized by sale or otherwise, are recoverable, with costs, in the name of Her Majesty from the person who failed to remove or modify the work, whether or not proceedings are instituted against that person for failing to comply with an order of the Minister under this section.Contravention of regulations under section 24If the Minister is of the opinion that a person has contravened a regulation made under section 24, the Ministerby notice sent to the person,shall inform the person of that opinion and of the reasons for it, andmay, if the Minister believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take any action that is necessary to remove the threat; andby notice sent to the railway company concerned,shall inform the railway company of that opinion and of the reasons for it, andmay, if the Minister believes that, by reason of that contravention, there exists an immediate threat to safe railway operations, order the railway company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the Minister’s satisfaction, been taken by the person referred to in paragraph (a).Safety management system deficienciesIf the Minister is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.Contents of noticeAn order contained in a notice under subsection (1), (3) or (3.1) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.
R.S., 1985, c. 32 (4th Supp.), s. 32;
1999, c. 9, s. 25;
2001, c. 29, s. 68;
2012, c. 7, s. 24.
Previous VersionRequest for reviewA person who is sent a notice under section 32 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.Time and place for reviewOn receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing. In the case of a request for review of an order made under subsection 32(3), the Tribunal shall do so without delay.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.Person not compelled to testifyIn a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.DeterminationThe member may confirm the order or refer the matter back to the Minister for reconsideration.
2001, c. 29, s. 69;
2012, c. 7, s. 25.
Previous VersionRight of appealThe person who requested the review under section 32.1 may, within thirty days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.Loss of right of appealIf the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
2001, c. 29, s. 69.
Stay of orderIf a request for review is filed, an order made under subsection 32(1) or (3.1) 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) shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
2001, c. 29, s. 69.
Reconsideration by MinisterIf a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.
2001, c. 29, s. 69.
When alteration or revocation effectiveAn alteration or revocation under section 32.4 has effect when the company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.
2001, c. 29, s. 69;
2012, c. 7, s. 26(E).
Previous VersionEmergency DirectivesMinister may send emergency directivesIf the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, the Minister may, by emergency directive sent to a company, order iteither absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or following the maintenance or operating practice that poses the threat; orto follow a maintenance or operating practice specified in the directive if the threat is posed by the company’s failure to follow that practice.Directive despite compliance with lawThe Minister may issue an emergency directive even thoughthe construction of the railway work was undertaken in accordance with the law in force at the time; andusing the railway equipment or following or not following the maintenance or operating practice is in accordance with this Act or any regulations or rules made under it.DurationAn emergency directive has effect during such period, not exceeding six months, as is specified in the directive.Emergency directive to contain statement of reasonsAn emergency directive shall contain a statement of the Minister’s reasons for holding the opinion by reason of which the directive was given.Minister may rescind emergency directivesThe Minister may, by notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect.Inconsistency between emergency directives, regulations, rules or ordersIn the event that there is an inconsistency between an emergency directive and a regulation made under subsection 18(1) or (2.1) or a rule in force under section 19 or 20, the emergency directive prevails to the extent of the inconsistency.Minister may renew emergency directivesThe Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, if the Minister does so, this section, except this subsection, applies to the directive as renewed.
R.S., 1985, c. 32 (4th Supp.), s. 33;
1999, c. 9, s. 26;
2012, c. 7, s. 27.
Previous VersionEnforcement through CourtEnforcement through courtAn order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court.Orders of railway safety inspectorsFor the purpose of enabling an order contained in a notice served on a company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order after that has effect as an order of the Minister.PracticeTo make an order or emergency directive of the Minister an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Minister may file with the registrar of the court a certified copy of the order or directive and the order or directive thereupon becomes an order of the court.Effect of revocationWhen an order or emergency directive of the Minister that has been made an order of a court pursuant to this section is revoked by a subsequent order or directive of the Minister, the order of the court shall be deemed to have been cancelled.Option to enforceThe Minister may, before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive by the Minister’s own action.
R.S., 1985, c. 32 (4th Supp.), s. 34;
2002, c. 8, s. 168;
2006, c. 11, s. 26;
2007, c. 19, s. 53;
2012, c. 7, s. 28(E).
Previous VersionMedical InformationMedical examinationA person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.Physician or optometrist to disclose potentially hazardous conditionsIf a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations,by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, andwithout delay send a copy of that notice to the patient,and the patient is deemed to have consented to the disclosure required by paragraph (a).Holder of designated position to inform physician or optometristA person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position.Railway company may act in interests of safe railway operationsA railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.Proceedings not to lie against physician or optometristNo legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.Information privilegedInformation provided pursuant to subsection (2) is privileged andno person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings; andit is not admissible in any such proceedings, exceptas provided by subsection (4), orwhere the patient consents.
R.S., 1985, c. 32 (4th Supp.), s. 35;
1999, c. 9, s. 27;
2012, c. 7, s. 29(F).
Previous VersionOther Information RequirementsPower to require informationThe Minister may order that a company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Act and with the regulations, rules, orders, standards and emergency directives made under this Act.
R.S., 1985, c. 32 (4th Supp.), s. 36;
1999, c. 9, s. 28;
2012, c. 7, s. 30.
Previous VersionMaintenance and production of safety recordsThe Governor in Council may make regulationsrespecting the keeping and preservation by each company of information, records and documents relevant to the safety of railway operations conducted by that company, including a complete set of the regulations, emergency directives, rules and orders made pursuant to this Act that are applicable to that company;respecting the filing with the Minister at the request of the Minister of information, records and documents kept and preserved pursuant to regulations made under paragraph (a); andrespecting notification to the Minister by companies of information suitable for monitoring safety performance or predicting potential changes in levels of safety, including information about any accident or incident associated with railway safety or any situation that could have a detrimental impact on safety performance.ApplicationA regulation made under this section may be general or applicable to a group or class of companies.
R.S., 1985, c. 32 (4th Supp.), s. 37;
1999, c. 9, s. 29;
2012, c. 7, s. 30.
Previous VersionFalse information, etc.No person shall, either orally or in writing, knowingly make a false or misleading statement or knowingly provide false or misleading information to the Minister, to a railway safety inspector or to any other person acting on behalf of the Minister in connection with any matter under this Act.SecurityScreening before boardingA screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board railway equipment or enter a restricted area and, if so required,the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; andno person shall take the goods, or have them placed, on board the railway equipment or in the restricted area unless the goods have undergone the authorized screening.Screening after boarding or in restricted areasA screening officer may require a person on board railway equipment or in a restricted area to undergo authorized screening and, if the person refuses,the officer may order the person to leave the railway equipment or restricted area and to remove from it any goods that the person took or had placed there; andthe person shall leave the railway equipment or restricted area and remove or permit the removal of the goods immediately or, if the railway equipment is moving, at the first reasonable opportunity.Unaccompanied goodsA screening officer may carry out authorized screening of any goods at a railway work that are intended for transport on railway equipment and are not accompanied by a person, and the officer may use any force that is reasonably necessary to gain access to the goods.False or misleading informationNo person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer.Operators to post noticesWhen authorized screening is required or authorized under this Act on board railway equipment or at a railway work, the railway company that operates the railway equipment or railway work shall post notices stating thatauthorized screening is being carried out;no person is obliged to undergo authorized screening of their person if they choose not to board the railway equipment or enter a restricted area; andno person is obliged to permit authorized screening of their goods if they choose not to take the goods or have them placed on board the railway equipment or in the restricted area.Placement and languages of noticesThe notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language.
R.S., 1985, c. 32 (4th Supp.), s. 39;
1999, c. 9, s. 30.
Minister may formulate security measuresThe Minister may formulate measures respecting the security of railway transportation.Requirement to carry out measuresThe Minister may, by notice in writing, require or authorize a railway company to carry out any of those security measures.Exemption by MinisterThe Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of a security measure if, in the opinion of the Minister, the exemption is in the public interest and is not likely to pose a security threat.
1999, c. 9, s. 30.
Disclosure of security documentsNo person shall disclose to any other person the substance of a security document that is labelled as such unless the disclosure isauthorized by the Minister;ordered by a court or other body under subsection (3);required by law; ornecessary to give effect to the document.Court or other body to inform MinisterIf a request is made for the production or discovery of the security document in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shallnotify the Minister of the request, if the Minister is not a party to the proceeding; andexamine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it.Order for production and discoveryIf the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other bodyshall order the production and discovery of the security document, subject to any restrictions or conditions that the court or other body considers appropriate; andmay require any person to give evidence relating to the document.
1999, c. 9, s. 30.
InquiriesInquiryIf the Minister considers thata proposed railway work set out in a plan filed with the Minister under section 10,rules filed with the Minister under section 19 or 20,any accident or incident associated with railway works or with the operation of railway equipment, orany other matter relating to the operation or maintenance of railway works or railway equipmentraises, or may raise, issues of public interest relating to safe railway operations, the Minister may, by order, direct persons designated by the Minister for the purpose to conduct an inquiry into the matter in accordance with any regulations made pursuant to section 47, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and report the findings of the inquiry to the Minister in such manner and within such period as the Minister directs.Powers of persons conducting an inquiryEach of the persons designated to conduct an inquiry under subsection (1) has the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.PrivilegeWhere, in the course of an inquiry under this section, a statement is obtained by the persons conducting the inquiry that is included within a class of statements classified pursuant to the regulations as privileged, those persons may make such use of the statement for the purposes of the inquiry as they consider necessary in the interests of safe railway operations, but they shall not knowingly communicate the statement or permit it to be communicated to any person except in the circumstances set out in the regulations or as authorized in writing by the person making the statement.Definition of “statement”In subsection (3), statement means any oral, written or recorded assertion or any transcript or substantial summary thereof, and includes conduct that could reasonably be taken to be intended as such an assertion.
R.S., 1985, c. 32 (4th Supp.), s. 40;
1989, c. 3, s. 51.
Administrative Monetary PenaltiesThe Governor in Council may, by regulation,designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22,any provision of this Act or the regulations, orany rule, standard, order or emergency directive made under this Act; andprescribe the maximum amount payable for each violation, not to exceed$50,000, in the case of an individual, and$250,000, in the case of a corporation.
2012, c. 7, s. 31.
Designation of enforcement officersThe Minister may designate persons, or classes of persons, as enforcement officers.Certification of enforcement officersEvery person designated as an enforcement officer under subsection (1) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.EntryFor the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the construction or operation of a railway or the operation of railway equipment.Production of documentsFor the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to that determination.Assistance to enforcement officersAny person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act.
2012, c. 7, s. 31.
Notices of violationThe Minister may establish the form and content of notices of violation.
2012, c. 7, s. 31.
ViolationEvery person who contravenes a provision designated under paragraph 40.1(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 40.1(b).Continuing violationA violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.How contraventions may be proceeded withIf a contravention of a provision designated under paragraph 40.1(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other.Nature of violationFor greater certainty, a violation is not an offence and accordingly section 126 of the Criminal Code does not apply in respect of a violation.
2012, c. 7, s. 31.
Issuance of notice of violationWhen a person designated by the Minister under subsection 40.11(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets outthe penalty for the violation that the person is liable to pay; andparticulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.
2012, c. 7, s. 31.
Payment of specified amount precludes further proceedingsIf a person served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention and no further proceedings under this Act shall be taken against the person in respect of that contravention.
2012, c. 7, s. 31.
Request for review of determinationA person served with a notice of violation that wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.Time and place for reviewOn receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.Burden of proofThe Minister has the burden of establishing that a person has committed a violation.Person not compelled to testifyA person alleged to have committed a violation is not required to give evidence.
2012, c. 7, s. 31.
Failure to payA person that fails to pay the amount of the penalty specified in a notice of violation within the specified time and that does not file a request for a review is deemed to have committed the contravention alleged in the notice.
2012, c. 7, s. 31.
Determination by Tribunal memberAt the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violationthat the person has not committed a violation, in which case, subject to section 40.19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; orthat the person has committed a violation and, subject to any regulations made under paragraph 40.1(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid.
2012, c. 7, s. 31.
Right of appealWithin 30 days after a determination is made under section 40.18, the Minister or the person to whom it applies may appeal from the determination to the Tribunal.Loss of right of appealA party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination.Finding of violationIf the appeal panel finds that a person has committed a violation, the panel shall without delay inform the person and the Minister of the finding and, subject to any regulations made under paragraph 40.1(b), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation.
2012, c. 7, s. 31.
CertificateThe Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 40.16;to pay an amount determined under paragraph 40.18(b) or file an appeal under section 40.19; orto pay an amount determined under subsection 40.19(4).
2012, c. 7, s. 31.
Registration of certificateOn production in any superior court, a certificate issued under section 40.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.Recovery of costs and chargesAll reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).Amounts received deemed public moneysAn amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.
2012, c. 7, s. 31.
Time limit for proceedingsProceedings in respect of a violation may not be instituted later than 12 months after the time when the subject matter of the proceedings arose.
2012, c. 7, s. 31.
OffencesContravention of provision of ActEvery person who contravenes a provision of this Act is guilty of an offence and liableon conviction on indictment,in the case of a corporation, to a fine not exceeding one million dollars, andin the case of an individual, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year, or to both; oron summary conviction,in the case of a corporation, to a fine not exceeding five hundred thousand dollars, andin the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both.Contravention of regulations, orders, etc.A person is guilty of an offence if the person contravenesa regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1;an order made by the Minister or a railway safety inspector under subsection 7(2) or 19(1) or section 31 or 32;a requirement made by the Agency under subsection 16(3) or 26(3);a rule in force under section 19 or 20;an emergency directive made by the Minister under section 33;a requirement under subsection 39.1(2) to carry out a security measure;[Not in force]an order made under section 36.PunishmentA person who is guilty of an offence under subsection (2) is liable on summary convictionin the case of a corporation, to a fine of not more than one million dollars; andin the case of an individual, to a fine of not more than fifty thousand dollars or to imprisonment for a term of not more than six months, or to both.Continuing offencesIf a person commits a contravention described in subsection (1) or (2) that occurs on more than one day, or is continued for more than one day, the person is deemed to have committed a separate offence for each day on which it occurs or is continued.VenueAny complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.Joinder of complaintsThe judge who hears, tries or determines the complaint or information may, at the request of the accused, join it with others of the same type against the accused, even if the matter of the complaints or informations did not arise in the same territorial jurisdiction, and hear them under the same procedure.Limitation periodA prosecution by way of summary conviction under this section may be instituted at any time within, but not after, two years after the time when the subject-matter of the prosecution arose.Recovery of finesWhere a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the conviction shall, on production in a superior court of the province in which the trial was held, be registered in the court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.Recovery of costs and chargesAll reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.Admissibility of evidenceEvidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.
R.S., 1985, c. 32 (4th Supp.), s. 41;
1999, c. 9, s. 31;
2008, c. 6, s. 60;
2012, c. 7, s. 32.
Previous VersionOffence by employee or agentIn any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.Officers, etc., of corporationWhere a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.POLICE CONSTABLESAppointmentA judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.LimitationThe appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.JurisdictionThe police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.Power to take persons before a courtThe police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.Court’s jurisdictionThe court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.Dismissal or discharge of police constableA superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.
R.S., 1985, c. 32 (4th Supp.), s. 44;
1999, c. 9, s. 32;
2007, c. 19, s. 54;
2012, c. 7, s. 33(F).
Previous VersionProcedures for dealing with complaintsIf one or more police constables are appointed with respect to a railway company, the railway company mustestablish procedures for dealing with complaints concerning police constables;designate one or more persons to be responsible for implementing the procedures; anddesignate one or more persons to receive and deal with the complaints.Procedures to be filed with MinisterThe railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.
2007, c. 19, s. 54;
2012, c. 7, s. 34(F).
Previous VersionMISCELLANEOUS PROVISIONSExercise of PowersExercise of powersThe Minister may, in writing, authorize any person designated by the Minister to exercise any of the Minister’s powers and duties under this Act, either generally or as otherwise provided in the instrument of authorization.Statutory Instruments ActMinisterial orders, etc., not statutory instrumentsThe following are not statutory instruments for the purposes of the Statutory Instruments Act:orders made by the Minister under subsection 7(2) or 19(1);standards, rules or notices of approval made, filed or sent under subsection 7(2) or (2.1) or section 19 or 20;notices of exemption under subsection 22(2);orders and notices sent under sections 31 to 32.5;emergency directives made by the Minister under section 33;security measures formulated under subsection 39.1(1);[Not in force]orders made under section 36.
R.S., 1985, c. 32 (4th Supp.), s. 46;
1999, c. 9, s. 33;
2001, c. 29, s. 70;
2012, c. 7, s. 35.
Previous VersionRegulations — GeneralRegulationsExcept with respect to any matter that is to be prescribed under this Act by regulations of the Agency, the Governor in Council may make regulations prescribing anything that by this Act is to be prescribed, and generally for carrying out the purposes and provisions of this Act, and, without limiting the generality of the foregoing, may make regulationsrespecting the time and manner of giving notice of proposed railway works under subsection 8(1), the form and content of such a notice, and the persons to whom the notice is to be given;respecting the classification of statements obtained in the course of inquiries held under section 40 as privileged statements, and respecting the communication of statements so classified;respecting the tariff of fees and expenses to be paid to any witness attending at an inquiry held under section 40 and the conditions under which a fee or expense may be paid to any such witness; andrespecting the procedures and rules of evidence to be followed in conducting inquiries held under section 40.Regulations — safety management systemsThe Governor in Council may make regulations respecting safety management systems including, but not limited to, regulations respectingthe establishment by companies of safety management systems that includethe identification of an executive who isresponsible for operations and activities of a company, andaccountable for the extent to which the requirements of the safety management system have been met,the implementation, as a result of a risk management analysis, of the remedial action required to maintain the highest level of safety,the continuous monitoring and regular assessment of the level of safety achieved,in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to Transport Canada 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, andin the case of a railway company, the involvement of employees and their collective bargaining agents in the ongoing operation of the safety management system;the development and implementation of safety management systems by companies, including the involvement of employees and their collective bargaining agents in the case of railway companies; andthe criteria to which the safety management system must conform as well as the components, including the principle of fatigue science applicable to scheduling, that must be included in a safety management system.Release of pollutantsThe Governor in Council may make regulations respecting the release of pollutants into the environment from the operation of railway equipment by a railway company including, but not limited to, regulations respectingthe keeping of records and information and their filing with the Minister; andthe form and content of labels to be affixed to railway equipment and their placement on railway equipment.Environmental management planThe Governor in Council may make regulations requiring a railway company to file with the Minister environmental management plans and compliance audits with respect to those plans.ApplicationA regulation made under this section may be general or applicable to a group or class of companies.
1999, c. 9, s. 34;
2012, c. 7, s. 37.
Previous VersionMinisterial regulations — fees and chargesThe Minister may make regulations prescribing any fees or charges, or determining the manner of calculating any fees or charges, to be paidfor services or the use of facilities provided by the Minister in the administration of this Act; orin relation to the filing of documents and the making of applications for and the issuance of certificates, exemptions, licences or approvals under this Act.LimitationHer Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay fees or charges.ApplicationA regulation made under this section may be general or applicable to a group or class of companies.
2012, c. 7, s. 37.
Review by House of Commons committeeThe Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.Review by Senate committeeThe Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.
2012, c. 7, s. 37.
Incorporation by ReferenceIncorporation by referenceA regulation made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.Inconsistent ProvisionsSafety regulations prevailA regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1, or a rule in force under section 19 or 20, prevails over an order, rule or regulation made under any other Act of Parliament to the extent of any inconsistency between them.
R.S., 1985, c. 32 (4th Supp.), s. 49;
1999, c. 9, s. 35.
Publication of RegulationsPublication of proposed regulationsSubject to subsection (2), a copy of each regulation that is proposed to be made under subsection 7(1), section 7.1, subsection 16(5.1) or section 18, 24, 37, 47 or 47.1 shall be published in the Canada Gazette at least 90 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 90 days to make representations to the Minister with respect to the regulation.ExceptionsSubsection (1) does not apply in respect of a proposed regulation thathas previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; ormakes no substantive change to an existing regulation.
R.S., 1985, c. 32 (4th Supp.), s. 50;
1999, c. 9, s. 36;
2012, c. 19, s. 485.
Previous VersionReview of ActStatutory reviewThe Minister shall, not later than five years after the day on which this section comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act.Tabling of reportThe Minister shall have a report of the comprehensive review laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.
R.S., 1985, c. 32 (4th Supp.), s. 51;
2012, c. 7, s. 38.
Previous VersionCONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONSAccess to Information Act[Amendment]Canadian National Railways Act[Amendments]Criminal Code[Amendments]National Transportation Act, 1987[Amendments]Railway Act[Amendments]Railway Relocation and Crossing Act[Amendments]Transitional Provisions Relating to Railway Act AmendmentsRegulations and orders of general applicationEvery regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 thatwas in force on that day and has not been revoked, andapplies to all railway companies,continues to have effect as if it were a regulation made by the Governor in Council under this Act until it is revoked by an order of the Governor in Council under subsection (5).Regulations and orders applying to particular companiesEvery regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 thatwas in force on that day and has not been revoked, andapplies to a particular railway company or particular railway companies,continues to have effect as if it were an order made by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).References to Commission or AgencyIn any regulation or order mentioned in subsection (1) or (2), a reference to the Canadian Transport Commission or the National Transportation Agency, or to any officer of those bodies, shall, after the coming into force of this section, be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with such modifications as the circumstances require.By-lawsEvery by-law made by a company pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).Power to revokeThe Governor in Council may by order revoke a regulation or order that was continued by subsection (1) of this section, and the Minister may by order revoke a regulation, order or by-law that was continued by subsection (2) or (4), respectively, of this section.
R.S., 1985, c. 32 (4th Supp.), s. 119;
1996, c. 10, s. 267.
Transitional Provisions Relating to Repeal of Parts II and III of the Railway Relocation and Crossing ActBalance of Part II appropriationAny amount that, before the coming into force of this section, had been appropriated for the purpose of enabling the Minister to make grants under Part II of the Railway Relocation and Crossing Act but had not been authorized by the Minister to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 13 of this Act.Balance of Part III appropriationAny amount that, before the coming into force of this section, had been appropriated for the purpose of making grants under Part III of the Railway Relocation and Crossing Act but had not been authorized pursuant to that Part to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 12 of this Act.Outstanding grant applicationsAny application for a grant in respect of a proposed railway work that, before the coming into force of this section, had been made under Part II or III of the Railway Relocation and Crossing Act but had not been dealt with under that Act may, at the request of the party who made the application and with the consent of the Minister, be treated as if it were an application duly filed in accordance with the requirements of section 12 or 13 of this Act, and may be dealt with accordingly by the Minister.[Repealed, 1996, c. 10, s. 268]Coming into ForceComing into forceThis Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.[Note: Sections 1, 3, 4, 7 and 8, subsection 11(2), sections 18 and 19, subsection 24(1) and sections 36, 37, 45 to 48 and 50 in force October 8, 1988, see SI/88-202; sections 2, 5, 6, 9 and 10, subsections 11(1) and (3), sections 12 to 17, 20 to 23, subsection 24(2) and sections 25 to 35, 38 to 44, 49, 51 to 90, 92 and 94 to 121 in force January 1, 1989, see SI/88-244; sections 91 and 93 in force October 1, 1995, see SI/95-109.]RELATED PROVISIONS
— 1998, c. 30, s. 10Transitional — proceedingsEvery proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.
— 2007, c. 19, s. 58Police constables appointed under section 158 of the Canada Transportation ActEvery police constable appointed under section 158 of the Canada Transportation Act who holds office on the day on which section 54 of this Act comes into force is deemed to have been appointed under section 44 of the Railway Safety Act, as enacted by section 54 of this Act.
— 2012, c. 7, s. 41Agreements continuedAn agreement entered into or a designation made under section 157.1 of the Canada Transportation Act in respect of any matter referred to in section 6.1 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.1.
— 2012, c. 7, s. 42Agreements continuedAn agreement entered into under section 158 of the Canada Transportation Act in respect of any matter referred to in section 6.2 of the Railway Safety Act, as enacted by section 6, continues in force in accordance with its terms until it is replaced by an agreement entered into under that section 6.2.AMENDMENTS NOT IN FORCE
— 2012, c. 7, s. 7(2)Subsection 7(3) of the Act is replaced by the following:Application of certain provisionsSection 19 and regulations made under section 20.2 apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to any obligation to consult.
— 2012, c. 7, s. 10The Act is amended by adding the following after the heading “Prohibitions”, as enacted by section 9:Requirement for certificateNo person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.Crossing maintenanceSubsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.
— 2012, c. 7, s. 11(2)Section 17.2 of the Act, as enacted by subsection (1), is replaced by the following:Compliance with certificate, regulations and rulesNo railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.
— 2012, c. 7, s. 12The Act is amended by adding the following after section 17.3:Railway Operating CertificateIssuance of certificateThe Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.Terms and conditionsA railway operating certificate may contain any terms and conditions that the Minister considers appropriate.VariationThe Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.Time limitA decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.Suspension or cancellationThe Minister may suspend or cancel a company’s railway operating certificate if the company hasceased to meet any of the prescribed conditions for obtaining the certificate;contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; orrequested its suspension or cancellation.Notice of decisionThe Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).Contents of noticeThe notice of decision shall specifythe grounds of the Minister’s decision; andthe address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.Effective date of decisionThe effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.Request for reviewA person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.Effect of requestA request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.ExceptionOn application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.Time and place for reviewOn receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.Review procedureThe member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.DeterminationThe member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.Effect of decision pending reconsiderationIf a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.Right of appealWithin thirty days after a determination made under subsection 17.7(3) by a member of the Tribunal, the person or company affected by the determination may appeal it to the Tribunal.Effect of requestA request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.ExceptionOn application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.Loss of right of appealA person or company that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.Disposition of appealThe appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.Effect of decision pending reconsiderationIf a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (5), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 17.4(5) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to railway safety.RegulationsThe Governor in Council may make regulationsrespecting conditions to be met for the issuance of a railway operating certificate;respecting the form and content of applications for railway operating certificates and the process for obtaining a certificate or the variation of one; andexempting any class of persons from the application of section 17.1.ApplicationA regulation made under this section may be general or applicable to a group or class of persons or companies.
— 2012, c. 7, ss. 14(2) to (5)1999, c. 9, ss. 13 to 16Subsections 19(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:Manner of making rulesA company shall comply with the regulations made under section 20.2 in the formulation and filing of its rules.Subsections 19(4) to (4.2) of the Act, as enacted by subsection (1), are replaced by the following:Consideration of rulesIf rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall without delay consider whether, in the Minister’s opinion, those rules are conducive to safe railway operations by the company — having regard to current railway practice, to the views of the company and each person that the company was required by the regulations to consult on the rules, and to any other factor that the Minister considers relevant — and shall, before the expiration of the assessment period in relation to those rules,if the Minister is satisfied that the rules are conducive to those operations, notify the company and each person whose views were considered that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; orif the Minister is not so satisfied, notify the company and each person whose views were considered that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.Request for amendment to terms and conditionsA company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend any terms or conditions specified under that subsection in accordance with the prescribed process.AmendmentsAfter receiving a request from a company under subsection (4.1), the Minister may amend any terms or conditions specified under subsection (4) and, in that case, shall provide a copy of the amendments to each person that the company was required by regulation to consult on the request for amendments.Paragraph 19(8)(a) of the Act, as enacted by subsection (1), is replaced by the following:has given, during a period of sixty days, a reasonable opportunity to consult with the Minister on the rules to that company and each person that the company would be required to consult if the rules were formulated by the company following an order made under subsection (1); andSubsections 20(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:Manner of making rulesA company shall comply with the regulations made under section 20.2 in the formulation and revision of its rules.
— 2012, c. 7, s. 32(2)Subsection 41(2) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):a railway operating certificate issued under section 17.4; or[In force]
— 2012, c. 7, s. 35Section 46 of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):railway operating certificates issued under section 17.4 and notices of decision given under section 17.5; or[In force]
— 2012, c. 7, s. 43Grace period for obtaining certificateFor the period ending two years after the day on which section 10 comes into force, section 17.1 of the Railway Safety Act, as enacted by section 10, does not apply to a company that was operating or maintaining a railway on that day or that was operating railway equipment on a railway on that day.
— 2012, c. 7, s. 44Grace period for obtaining certificateFor the period ending two years after the day on which section 17.2 of the Railway Safety Act, as enacted by subsection 11(2), comes into force, the requirement to comply with a railway operating certificate imposed by that section 17.2 does not apply to a company that has no railway operating certificate if that company was operating or maintaining a railway on that day or was operating railway equipment on a railway on that day.
— 2012, c. 31, s. 340The heading before section 5 of the English version of the Railway Safety Act is replaced by the following:RELATIONSHIP TO NAVIGATION PROTECTION ACT
— 2012, c. 31, s. 341Section 5 of the Act is replaced by the following:Compliance with Navigation Protection ActIf a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water as defined in section 2 of the Navigation Protection Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Navigation Protection Act.