Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

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Act current to 2018-07-05 and last amended on 2017-06-22. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2012, c. 7, s. 7(2)

      • 7 (2) Subsection 7(3) of the Act is replaced by the following:

        • Application of certain provisions

          (3) Section 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, ss. 14(2) to (5)

    • 1999, c. 9, ss. 13 to 16
      • 14 (2) Subsections 19(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:

        • Manner of making rules

          (2) A company shall comply with the regulations made under section 20.2 in the formulation and filing of its rules.

      • (3) Subsections 19(4) to (4.2) of the Act, as enacted by subsection (1), are replaced by the following:

        • Consideration of rules

          (4) If 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,

          • (a) 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; or

          • (b) if 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 conditions

          (4.1) A 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.

        • Amendments

          (4.2) After 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.

      • (4) Paragraph 19(8)(a) of the Act, as enacted by subsection (1), is replaced by the following:

        • (a) 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); and

      • (5) Subsections 20(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:

        • Manner of making rules

          (2) A company shall comply with the regulations made under section 20.2 in the formulation and revision of its rules.

  • — 2018, c. 10, s. 61

    • 61 The Railway Safety Act is amended by adding the following after section 17.3:

      • Recording instruments
        • 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

          • (a) the railway equipment is fitted with the prescribed recording instruments; and

          • (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.

        • Use or communication

          (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.

        • Prevention of recording, collection or preservation

          (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.

  • — 2018, c. 10, s. 62

    • 62 The Act is amended by adding the following after section 17.9:

      Recording Instruments

      • Companies — use of information
        • 17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of

          • (a) conducting analyses under section 13, 47 or 74 of the Railway Safety Management System Regulations, 2015; and

          • (b) determining the causes and contributing factors of an accident or incident that the company is required to report under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate.

        • Information randomly selected

          (2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

        • Use — threat to safety of railway operations

          (3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations.

        • Personal Information Protection and Electronic Documents Act and provincial legislation

          (4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so

          • (a) despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and

          • (b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information.

      • Minister — use of information
        • 17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

          • (a) developing policies;

          • (b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

          • (c) verifying compliance with section 17.31 and regulations made under section 17.95.

        • Information randomly selected

          (2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

        • Use — threat to safety of railway operations

          (3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations.

      • Railway safety inspectors — use of information
        • 17.93 (1) A railway safety inspector may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

          • (a) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

          • (b) verifying compliance with section 17.31 and regulations made under section 17.95.

        • Use — threat to safety of railway operations

          (2) If a railway safety inspector uses information under paragraph (1)(a), they may also use that information to address a threat to the safety of railway operations.

      • Recorded information admissible
        • 17.94 (1) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is admissible in any proceedings for a violation or offence, with respect to the contravention of section 17.31 or the regulations made under section 17.95, against the company that operates the railway equipment.

        • Recorded information not admissible

          (2) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is not admissible in any proceedings for a violation or offence under this Act — other than for a violation or offence with respect to the contravention of subsection 17.31(3) — against an individual who is on board the railway equipment at the time of the recording or an individual who communicates with that individual at that time.

        • Information used under subsections 17.91(3), 17.92(3) and 17.93(2) admissible

          (3) Subject to subsection (2), the information used under subsections 17.91(3), 17.92(3) and 17.93(2) is admissible in any proceedings that may result from that use.

      • Regulations
        • 17.95 (1) The Governor in Council may make regulations

          • (a) prescribing criteria for the purposes of subsection 17.31(1);

          • (b) respecting the exemption of any company that meets the criteria referred to in paragraph (a) from the application of subsection 17.31(1);

          • (c) respecting the recording instruments with which the railway equipment is to be fitted, including their specifications, installation and maintenance;

          • (d) respecting the information that companies record using those instruments, including the recording of that information, its collection, its preservation, its destruction, its use, its communication — including on request by the Minister — its selection and access to it; and

          • (e) prescribing threats to the safety of railway operations for the purpose of subsection 17.91(3).

        • Application

          (2) A regulation made under this section may be general or applicable to a group or class of companies.

      • For greater certainty

        17.96 For greater certainty, subject to any use or communication that is expressly authorized under any of sections 17.91 to 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95, the information that a company records, collects or preserves under subsection 17.31(1) and that is an on-board recording, as defined in subsection 28(1) of the Canadian Transportation Accident Investigation and Safety Board Act, remains privileged under subsection 28(2) of that Act.

  • — 2018, c. 10, s. 63

    • 63 Section 28 of the Act is amended by adding the following after subsection (1):

      • Communication authorized

        (1.1) A company is authorized to communicate to a railway safety inspector the information that it recorded, collected or preserved under subsection 17.31(1) and that is contained in a document that the railway safety inspector requires it to produce under paragraph (1)(a.1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.

  • — 2018, c. 10, s. 64

    • 2012, c. 7, s. 30

      64 Section 36 of the Act is renumbered as subsection 36(1) and is amended by adding the following:

      • Communication authorized

        (2) A company is authorized to communicate to the Minister the information that it recorded, collected or preserved under subsection 17.31(1) and that the Minister orders it to provide under subsection (1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.

  • — 2018, c. 10, s. 65

    • 1999, c. 9, s. 31
      • 65 (1) Paragraph 41(2)(a) of the Act is replaced by the following:

        • (a) a regulation made under subsection 7(1) or section 7.1, 17.95, 18, 24, 37, 47 or 47.1;

      • 2012, c. 7, s. 32(2)

        (2) Paragraph 41(2)(h) of the Act is replaced by the following:

        • (h) an order made under subsection 36(1).

  • — 2018, c. 10, s. 66

    • 2012, c. 7, s. 35

      66 Paragraph 46(h) of the Act is replaced by the following:

      • (h) orders made under subsection 36(1).

  • — 2018, c. 21, s. 46

    • 2008, c. 6, s. 60

      46 Subsection 41(7) of the Railway Safety Act is replaced by the following:

      • Admissibility of evidence

        (7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under 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 sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

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