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

Act current to 2015-05-11 and last amended on 2015-02-26. Previous Versions

Audible Warnings

Marginal note:Use of whistles
  •  (1) No person shall use the whistle on any railway equipment in an area within a municipality if

    • (a) the area meets the requirements prescribed for the purposes of this section; and

    • (b) the 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,

      • (i) consulted the railway company that operates the relevant line of railway,

      • (ii) notified each relevant association or organization, and

      • (iii) given public notice of its intention to pass the resolution.

  • Marginal note:Ministerial decision

    (2) The Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final.

  • Marginal note:Exceptions

    (3) Despite subsection (1), the whistle may be used if

    • (a) there is an emergency;

    • (b) any rules in force under section 19 or 20 require its use; or

    • (c) a railway safety inspector orders its use under section 31.

  • 1999, c. 9, s. 18.

PART IIINON-RAILWAY OPERATIONS AFFECTING RAILWAY SAFETY

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) respecting

      • (i) the control or prohibition of the construction or alteration, or

      • (ii) the control of the maintenance

      of 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;

    • (b) 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;

    • (c) respecting

      • (i) the control or prohibition of the construction or alteration, and

      • (ii) the 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;

    • (d) 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;

    • (e) respecting

      • (i) the 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,

      • (ii) the removal of weeds that are on or along lines of railway, and

      • (iii) the use of alternatives to chemical pesticides under subparagraphs (i) and (ii);

    • (f) 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;

    • (f.1) respecting the construction, alteration and maintenance of roads for the purpose of ensuring safe railway operations;

    • (f.2) respecting the control of vehicular and pedestrian traffic on road approaches to road crossings for the purpose of ensuring safe railway operations; and

    • (g) respecting 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.

  • Marginal note:Exemption by Minister

    (1.1) The 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.

  • Marginal note:Compensation

    (2) Where 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.