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

Act current to 2015-06-09 and last amended on 2015-02-26. Previous Versions

Marginal note:Notice of decision
  •  (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).

  • Marginal note:Contents of notice

    (2) The notice of decision shall specify

    • (a) the grounds of the Minister’s decision; and

    • (b) the 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.

  • Marginal note:Effective date of decision

    (3) The 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.

  • 2012, c. 7, s. 12.
Marginal note:Request for review
  •  (1) A 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.

  • Marginal note:Effect of request

    (2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.

  • Marginal note:Exception

    (3) On 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.

  • 2012, c. 7, s. 12.
Marginal note:Time and place for review
  •  (1) On 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.

  • Marginal note:Review procedure

    (2) The 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.

  • Marginal note:Determination

    (3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.

  • Marginal note:Effect of decision pending reconsideration

    (4) If 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.

  • 2012, c. 7, s. 12.