Marginal note:Right of appeal
17.8 (1) Within 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.
Marginal note:Effect of request
(2) A request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.
(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 appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.
Marginal note:Loss of right of appeal
(4) A 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.
Marginal note:Disposition of appeal
(5) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Marginal note:Effect of decision pending reconsideration
(6) If 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.
- 2012, c. 7, s. 12.
17.9 (1) The Governor in Council may make regulations
(a) respecting conditions to be met for the issuance of a railway operating certificate;
(b) respecting the form and content of applications for railway operating certificates and the process for obtaining a certificate or the variation of one; and
(c) exempting any class of persons from the application of section 17.1.
(2) A regulation made under this section may be general or applicable to a group or class of persons or companies.
- 2012, c. 7, s. 12.
18. (1) The Governor in Council may make regulations
(a) respecting 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;
(b) declaring positions in railway companies to be critical to safe railway operations;
(c) 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):
(i) the training of those persons, both before and after appointment to those positions,
(ii) hours of work and rest periods to be observed by those persons,
(iii) minimum medical, including audiometric and optometric, standards to be met by those persons,
(iv) the control or prohibition of the consumption of alcoholic beverages and the use of drugs by those persons,
(v) the establishment of support programs for those persons and standards applicable to such programs, and
(vi) the establishment of a scheme for licensing those persons; and
(d) respecting the prevention and control of fires on railway works.
Marginal note:Regulations — crossing works
(2) The 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.
Marginal note:Regulations — security
(2.1) The Governor in Council may make regulations respecting the security of railway transportation.
(2.2) A regulation made under this section may be general or applicable to a group or class of persons or companies.
Marginal note:Regulations to override rules
(3) If 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.
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