Enforcement through Court
Marginal note:Enforcement through court
34. (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court.
Marginal note:Orders of railway safety inspectors
(2) For the purpose of enabling an order contained in a notice served on a company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order after that has effect as an order of the Minister.
(3) To make an order or emergency directive of the Minister an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Minister may file with the registrar of the court a certified copy of the order or directive and the order or directive thereupon becomes an order of the court.
Marginal note:Effect of revocation
(4) When an order or emergency directive of the Minister that has been made an order of a court pursuant to this section is revoked by a subsequent order or directive of the Minister, the order of the court shall be deemed to have been cancelled.
Marginal note:Option to enforce
(5) The Minister may, before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive by the Minister’s own action.
- R.S., 1985, c. 32 (4th Supp.), s. 34;
- 2002, c. 8, s. 168;
- 2006, c. 11, s. 26;
- 2007, c. 19, s. 53;
- 2012, c. 7, s. 28(E).
Marginal note:Medical examination
35. (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.
Marginal note:Physician or optometrist to disclose potentially hazardous conditions
(2) If a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations,
(a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and
(b) without delay send a copy of that notice to the patient,
and the patient is deemed to have consented to the disclosure required by paragraph (a).
Marginal note:Holder of designated position to inform physician or optometrist
(3) A person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position.
Marginal note:Railway company may act in interests of safe railway operations
(4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.
Marginal note:Proceedings not to lie against physician or optometrist
(5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.
Marginal note:Information privileged
(6) Information provided pursuant to subsection (2) is privileged and
(a) no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings; and
(b) it is not admissible in any such proceedings, except
(i) as provided by subsection (4), or
(ii) where the patient consents.
- R.S., 1985, c. 32 (4th Supp.), s. 35;
- 1999, c. 9, s. 27;
- 2012, c. 7, s. 29(F).
- Date modified: