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

Administrative Monetary Penalties

Marginal note:

 The Governor in Council may, by regulation,

  • (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22,

    • (i) any provision of this Act or the regulations, or

    • (ii) any rule, standard, order or emergency directive made under this Act; and

  • (b) prescribe the maximum amount payable for each violation, not to exceed

    • (i) $50,000, in the case of an individual, and

    • (ii) $250,000, in the case of a corporation.

  • 2012, c. 7, s. 31.
Marginal note:Designation of enforcement officers
  •  (1) The Minister may designate persons, or classes of persons, as enforcement officers.

  • Marginal note:Certification of enforcement officers

    (2) Every 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.

  • Marginal note:Entry

    (3) For 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.

  • Marginal note:Production of documents

    (4) For 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.

  • Marginal note:Assistance to enforcement officers

    (5) Any 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.
Marginal note:Notices of violation

 The Minister may establish the form and content of notices of violation.

  • 2012, c. 7, s. 31.
Marginal note:Violation
  •  (1) Every 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).

  • Marginal note:Continuing violation

    (2) A 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.

  • Marginal note:How contraventions may be proceeded with

    (3) If 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.

  • Marginal note:Nature of violation

    (4) For 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.
Marginal note:Issuance of notice of violation

 When 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 out

  • (a) the penalty for the violation that the person is liable to pay; and

  • (b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.

  • 2012, c. 7, s. 31.
Marginal note:Payment of specified amount precludes further proceedings

 If 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.
Marginal note:Request for review of determination
  •  (1) A 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.

  • Marginal note:Time and place for review

    (2) On 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.

  • Marginal note:Review procedure

    (3) The 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.

  • Marginal note:Burden of proof

    (4) The Minister has the burden of establishing that a person has committed a violation.

  • Marginal note:Person not compelled to testify

    (5) A person alleged to have committed a violation is not required to give evidence.

  • 2012, c. 7, s. 31.
Marginal note:Failure to pay

 A 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.
Marginal note:Determination by Tribunal member

 At 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 violation

  • (a) that 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; or

  • (b) that 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.
Marginal note:Right of appeal
  •  (1) Within 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.

  • Marginal note:Loss of right of appeal

    (2) A 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.

  • Marginal note:Disposition of appeal

    (3) The 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.

  • Marginal note:Finding of violation

    (4) If 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.
Marginal note:Certificate

 The 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,

  • (a) 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;

  • (b) to pay an amount determined under paragraph 40.18(b) or file an appeal under section 40.19; or

  • (c) to pay an amount determined under subsection 40.19(4).

  • 2012, c. 7, s. 31.
 
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