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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Right of appeal
  •  (1) Within thirty days after the determination,

    • (a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or

    • (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) 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 the appeal may

    • (a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

    • (b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

  • 2001, c. 29, s. 65.
Marginal note:Decision to remain in effect pending reconsideration

 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.

  • 2001, c. 29, s. 65.
Marginal note:Reconsideration
  •  (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.

  • Marginal note:Procedure applicable

    (2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.

  • 2001, c. 29, s. 65.

Definition of “designation”

 For the purposes of sections 27.1 to 27.7, “designation” includes any privilege accorded by a designation.

  • 2001, c. 29, s. 65.