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

Act current to 2014-10-15 and last amended on 2014-06-19. Previous Versions

Access to Line Works Prohibited

Marginal note:No access to line works

 No person shall, without lawful excuse, enter on land on which a line work is situated.

  • 1994, c. 15, s. 2.
Marginal note:Road users to give way

 The users of a road shall give way to railway equipment at a road crossing if adequate warning of its approach is given.

  • 1999, c. 9, s. 20.1;
  • 2012, c. 7, s. 18(F).

PART IVADMINISTRATION AND ENFORCEMENT

Railway Safety Inspectors and Screening Officers

Marginal note:Designation
  •  (1) The Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.

  • Marginal note:Exercise of powers and duties

    (1.1) When carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.

  • Marginal note:Inspector to show certificate

    (2) A railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof.

  • Marginal note:Evidence in civil suits precluded

    (3) No railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister.

  • Marginal note:Inspector not personally liable

    (4) A railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act.

  • R.S., 1985, c. 32 (4th Supp.), s. 27;
  • 1999, c. 9, s. 22;
  • 2012, c. 7, s. 19.
Marginal note:Refusal to designate etc.
  •  (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.

  • Marginal note:Suspension or cancellation of designation for offences

    (2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.

  • Marginal note:Suspension of designation for immediate threat

    (3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.

  • 2001, c. 29, s. 65.