Notice of Certain Proposed Railway Works
Marginal note:Notice of certain proposed railway works
8. (1) If a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work.
Marginal note:Filing of objections
(2) A person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister.
Marginal note:Withdrawal of objection
(3) A person who has filed an objection under subsection (2) and subsequently wishes to withdraw that objection shall so notify the proponent and the Minister, and the objection shall be deemed to be withdrawn on receipt by the Minister of the notice.
- R.S., 1985, c. 32 (4th Supp.), s. 8;
- 1999, c. 9, ss. 5, 37(E).
Marginal note:Frivolous or vexatious objections
9. (1) Where the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act.
Marginal note:Proponent to be notified
(2) The Minister shall send a copy of a notice under subsection (1) to the proponent.
- R.S., 1985, c. 32 (4th Supp.), s. 9;
- 1999, c. 9, s. 37(E).
Undertaking of Proposed Railway Works
Marginal note:Railway works for which Ministerial approval required
10. (1) Where
(a) a proposed railway work departs from any applicable engineering standards, or
(b) a proposed railway work is one in respect of which notice has been given under subsection 8(1) and, at the expiration of the period specified in that notice for the filing of objections, there is an outstanding objection,
the proponent shall not undertake that work otherwise than in accordance with the terms of the Minister’s approval given under this section pursuant to a written request, filed with the Minister, for such approval.
Marginal note:Request for approval before end of notice period
(1.1) A request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent.
Marginal note:Withdrawal of objection
(1.2) A proposed railway work described in paragraph (1)(b) may be undertaken without the Minister’s approval if the outstanding objection is withdrawn.
Marginal note:Material to accompany request for Minister’s approval
(2) A request to the Minister for approval of a proposed railway work pursuant to subsection (1) must be accompanied
(a) in all cases, by a plan of the work to which the request relates, which plan must include such drawings, specifications and other particulars as are prescribed;
(b) where paragraph (1)(a) applies, by a statement setting out the manner in which the work departs from the applicable engineering standards and the reasons for such departure; and
(c) where paragraph (1)(b) applies, by the response of the proponent to the outstanding objections.
Marginal note:Consideration of requests for approval
(3) On receipt of a request for approval of a proposed railway work under this section, the Minister shall, having regard to the material referred to in subsection (2) and any other factors that the Minister deems relevant, consider whether the proposed railway work is consistent with safe railway operations and shall, before the expiration of the assessment period,
(a) if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are specified in the notice; or
(b) if not satisfied that the work is consistent with safe railway operations, by notice
(i) inform the proponent and any objecting party that the Minister refuses to approve the work and of the reasons why the Minister is not so satisfied, or
(ii) direct the proponent to file with the Minister and any objecting party, within the period specified in the notice, such further particulars relating to the work as are specified in the notice.
Marginal note:Late approval
(4) Where a railway work has been undertaken without the required approval of the Minister having first been given, the Minister may nevertheless approve the work in accordance with this section.
Marginal note:Minister may seek advice
(5) The Minister may, in deciding whether to approve a proposed railway work, engage any person or organization having expertise in matters of safe railway operations to furnish advice to the Minister in relation to the matter.
Marginal note:Further particulars
(6) Where the proponent is directed to file further particulars pursuant to subparagraph (3)(b)(ii) and
(a) fails to file the further particulars within the period referred to in that subparagraph, it shall be deemed to have withdrawn its request to the Minister for approval of the work; or
(b) files the further particulars within the period referred to in that subparagraph, this Act shall thereupon have effect as if the request that the Minister approve the work had been filed only at the time when the further particulars were filed.
Marginal note:Period for which approval in force
(7) The Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration of
(a) the period specified in the approval; or
(b) if the approval does not specify a period, one year after the approval is given.
Marginal note:Definition of “assessment period”
(8) In this section, “assessment period”, in relation to a request that the Minister approve a proposed railway work, means
(a) the period of sixty days commencing on the day on which the request is filed; or
(b) if, before the expiration of the period referred to in paragraph (a), the Minister determines that, by reason of the complexity of the work to which the request relates, the number of requests filed or any other reason, it is not feasible to consider the request before the expiration of that period, and so notifies the proponent and any objecting party, such period in excess of that period of sixty days as the Minister specifies in the notices.
Marginal note:Period of inquiry not part of assessment period
(9) Where, pursuant to section 40, the Minister directs a person to conduct an inquiry respecting a proposed railway work, the period commencing on the day when the Minister so directs and ending on the day when the person reports back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.
- R.S., 1985, c. 32 (4th Supp.), s. 10;
- 1999, c. 9, ss. 6, 37(E).
- Date modified: