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:Formulation or revision of rules
  •  (1) A company shall file with the Minister for approval any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it proposes to formulate or revise on its own initiative.

  • Marginal note:Consultation

    (2) A company may not file rules with the Minister under subsection (1) unless it has first given a reasonable opportunity during a period of sixty days for consultation with it concerning the rules,

    • (a) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules; or

    • (b) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.

  • Marginal note:Rules to be accompanied by notice

    (3) Rules filed with the Minister by a company pursuant to subsection (1) shall be accompanied by a notice

    • (a) setting out the reasons why the company proposes to formulate or revise the rules; and

    • (b) identifying any relevant association or organization or any railway company that objects, on grounds of safety, to the implementation of those rules and attaching a copy of the notice of objection.

  • Marginal note:Application of certain provisions

    (4) Subsections 19(4) to (5.1), (10) and (11) apply in relation to the filing and consideration of rules filed with the Minister under subsection (1) as if the rules had been duly filed in compliance with an order made under subsection 19(1).

  • R.S., 1985, c. 32 (4th Supp.), s. 20;
  • 1999, c. 9, s. 14;
  • 2012, c. 7, s. 14.
Marginal note:Third party

 A third party may act for and on behalf of a company in all matters relating to the formulation or revision of standards or rules under sections 7, 19 and 20.

  • 2012, c. 7, s. 14.
Marginal note:Regulations — formulation of rules
  •  (1) The Governor in Council may make regulations respecting the process for the formulation or revision of rules applicable to companies and for the amendment of their terms and conditions.

  • Marginal note:Application

    (2) A regulation made under subsection (1) may be general or applicable to a group or class of companies.

  • 2012, c. 7, s. 14.

Miscellaneous Provisions Relating to Regulations and Rules

Marginal note:Uniformity of rules

 In establishing, under section 19 or 20, rules applying to a particular company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular company, the Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and practicable to do so, ensure that those rules are uniform with rules dealing with a like matter and applying to other companies.

  • R.S., 1985, c. 32 (4th Supp.), s. 21;
  • 2012, c. 7, s. 14.
Marginal note:Exemption by order in council
  •  (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

    • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

    • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

  • Marginal note:Exemption by Minister

    (2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,

    • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

    • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

  • Marginal note:Sending of notices

    (3) A notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.

  • Marginal note:Application

    (4) A company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.

  • Marginal note:Company to consult

    (5) A company may not apply for an exemption under subsection (4) unless it has first given

    • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption, and

    • (b) in the case of a local railway company, any railway company on whose line the local railway company operates railway equipment and that is likely to be affected by the exemption,

    a reasonable opportunity during a period of sixty days to consult with it, except that it may apply for the exemption before the end of those sixty days if it has received comments from all those associations and organizations or from that railway company, as the case may be.

  • Marginal note:Copy of comments

    (6) The company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.

  • Marginal note:Period for granting application

    (7) The Minister may grant the application within sixty days after receiving it if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations. The Minister may extend the time for granting the application for an additional period of up to sixty days.

  • R.S., 1985, c. 32 (4th Supp.), s. 22;
  • 1999, c. 9, s. 15;
  • 2012, c. 7, s. 14.
Marginal note:Other exemptions
  •  (1) A company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption from the application of any provision of standards formulated under section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under section 19 or 20 for a period of up to six months.

  • Marginal note:Notice

    (2) A notice under subsection (1) shall be filed with the Minister and

    • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; or

    • (b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.

  • Marginal note:Objections

    (3) Each of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.

  • Marginal note:Minister’s decision

    (4) The Minister may

    • (a) within twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;

    • (b) within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; or

    • (c) within thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.

  • Marginal note:Effective date

    (5) An exemption is effective if

    • (a) the company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;

    • (b) no objections are confirmed by the Minister under paragraph (4)(a);

    • (c) the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; or

    • (d) the Minister does not deny the exemption under paragraph (4)(c).

  • 1999, c. 9, s. 16;
  • 2012, c. 7, s. 14.
 
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