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

Act current to 2017-12-11 and last amended on 2017-06-22. Previous Versions

Marginal note:Minister may simultaneously consider requests for grant and for section 10 approval
  •  (1) Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.

  • (2) [Repealed, 1999, c. 9, s. 11]

  • R.S., 1985, c. 32 (4th Supp.), s. 17;
  • 1999, c. 9, ss. 11, 37(E).

PART IIOperation and Maintenance of Railway Works and Equipment

Prohibitions

Marginal note:Requirement for certificate
  •  (1) No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.

  • Marginal note:Crossing maintenance

    (2) Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.

  • 2012, c. 7, s. 10.
Marginal note:Compliance with certificate, regulations and rules

 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.

  • 2012, c. 7, s. 11.
Marginal note:Compliance with engineering standards

 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

  • 2015, c. 31, s. 20.
Marginal note:Crossing works

 No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.

  • 2012, c. 7, s. 11.

Railway Operating Certificate

Marginal note:Issuance of certificate
  •  (1) The Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.

  • Marginal note:Terms and conditions

    (2) A railway operating certificate may contain any terms and conditions that the Minister considers appropriate.

  • Marginal note:Variation

    (3) The Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.

  • Marginal note:Time limit

    (4) A decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.

  • Marginal note:Suspension or cancellation

    (5) The Minister may suspend or cancel a company’s railway operating certificate if the company has

    • (a) ceased to meet any of the prescribed conditions for obtaining the certificate;

    • (b) contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; or

    • (c) requested its suspension or cancellation.

  • 2012, c. 7, s. 12.
Marginal note:Notice of decision
  •  (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).

  • Marginal note:Contents of notice

    (2) The notice of decision shall specify

    • (a) the grounds of the Minister’s decision; and

    • (b) the address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.

  • Marginal note:Effective date of decision

    (3) The effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.

  • 2012, c. 7, s. 12.
Marginal note:Request for review
  •  (1) A person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.

  • Marginal note:Effect of request

    (2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.

  • Marginal note:Exception

    (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

  • 2012, c. 7, s. 12.
Marginal note:Time and place for review
  •  (1) On receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

  • Marginal note:Review procedure

    (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Determination

    (3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.

  • Marginal note:Effect of decision pending reconsideration

    (4) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

  • 2012, c. 7, s. 12.
Marginal note:Right of appeal
  •  (1) Within thirty days after a determination made under subsection 17.7(3) by a member of the Tribunal, the person or company affected by the determination may appeal it to the Tribunal.

  • Marginal note:Effect of request

    (2) A request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.

  • Marginal note:Exception

    (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

  • Marginal note:Loss of right of appeal

    (4) A person or company 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

    (5) 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.

  • Marginal note:Effect of decision pending reconsideration

    (6) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (5), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 17.4(5) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to railway safety.

  • 2012, c. 7, s. 12.
 
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