Marginal note:Order — safe railway operations
32.01 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.
- 2015, c. 31, s. 27.
Marginal note:Request for review
32.1 (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.
Marginal note:Time and place for review
(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay.
Marginal note:Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Marginal note:Person not compelled to testify
(4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.
(5) The member may confirm the order or refer the matter back to the Minister for reconsideration.
- 2001, c. 29, s. 69;
- 2012, c. 7, s. 25;
- 2015, c. 31, s. 28.
Marginal note:Right of appeal
32.2 (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.
Marginal note:Loss of right of appeal
(2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes 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 dismiss the appeal or refer the matter back to the Minister for reconsideration.
- 2001, c. 29, s. 69;
- 2015, c. 31, s. 29.
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