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

Act current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

Powers of Agency — Fire

Marginal note:Application to Agency
  •  (1) If a province or municipality is of the opinion that a fire to which it responded was the result of a railway company’s railway operations, it may apply to the Agency to have the costs that it incurred in responding to the fire reimbursed by the railway company.

  • Marginal note:Form of application

    (2) The application shall be in the form prescribed by regulations made under subsection (5), and it shall be accompanied by the information prescribed by those regulations.

  • Marginal note:Further information

    (3) The Agency may, by notice sent to the province, municipality or railway company, require the province, municipality or railway company to provide it with any further information that it specifies relating to the application, within the period specified in the notice.

  • Marginal note:Agency’s determination

    (4) If the Agency determines that the fire was the result of the railway company’s railway operations, it shall make an order directing the railway company to reimburse the province or municipality the costs that the Agency determines were reasonably incurred in responding to the fire.

  • Marginal note:Regulations

    (5) The Agency may, with the Governor in Council’s approval, make regulations

    • (a) prescribing the form of the application referred to in this section; and

    • (b) prescribing the information that must accompany that application.

  • Marginal note:Interpretation

    (6) Despite this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

  • R.S., 1985, c. 32 (4th Supp.), s. 23;
  • 1999, c. 9, s. 17;
  • 2012, c. 7, s. 15;
  • 2015, c. 31, s. 21.

Audible Warnings

Marginal note:Use of whistles
  •  (1) No person shall use the whistle on any railway equipment in an area within a municipality if

    • (a) the area meets the requirements prescribed for the purposes of this section; and

    • (b) the government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution,

      • (i) consulted the railway company that operates the relevant line of railway,

      • (ii) notified each relevant association or organization, and

      • (iii) given public notice of its intention to pass the resolution.

  • Marginal note:Ministerial decision

    (2) The Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final.

  • Marginal note:Exceptions

    (3) Despite subsection (1), the whistle may be used if

    • (a) there is an emergency;

    • (b) any rules in force under section 19 or 20 or any regulations require its use; or

    • (c) a railway safety inspector orders its use under section 31.

  • 1999, c. 9, s. 18;
  • 2015, c. 31, s. 22.

PART IIINon-railway Operations Affecting Railway Safety

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) respecting

      • (i) the control or prohibition of the construction or alteration, or

      • (ii) the control of the maintenance

      of buildings and other structures, not being railway works, erected or proposed to be erected above or below a line of railway, or on land adjoining the land on which the line is situated, to the extent only that is necessary to prevent those buildings or structures from constituting a threat to safe railway operations;

    • (b) respecting the control or prohibition of the construction, alteration or operation of any mine or other works, not being railway works, constructed or proposed to be constructed below or on land adjoining the land on which a line of railway is situated, to the extent only that is necessary to prevent those mines or works from constituting a threat to safe railway operations;

    • (c) respecting

      • (i) the control or prohibition of the construction or alteration, and

      • (ii) the control of the maintenance,

      on land adjoining the land on which a line of railway is situated, of drainage systems that would constitute a threat to safe railway operations;

    • (d) respecting the control or prohibition of the presence or storage, on land adjoining the land on which a line of railway is situated, of specified materials;

    • (e) respecting

      • (i) the removal of anything, including trees or brush, that might, by obscuring clear vision either of a road or of a line of railway, constitute a threat to safe railway operations,

      • (ii) the removal of weeds that are on or along lines of railway, and

      • (iii) the use of alternatives to chemical pesticides under subparagraphs (i) and (ii);

    • (f) respecting the restriction or prevention, including by means of fences or signs on the land on which a line of railway is situated or on land adjoining that land, of access to the land on which a line of railway is situated by persons — other than employees or agents or mandataries of the railway company concerned, or of the local railway company authorized to operate railway equipment on the railway — or by vehicles or animals, if their presence on that land would constitute a threat to safe railway operations;

    • (f.1) respecting the construction, alteration and maintenance of roads for the purpose of ensuring safe railway operations;

    • (f.2) respecting the control of vehicular and pedestrian traffic on road approaches to road crossings for the purpose of ensuring safe railway operations; and

    • (g) respecting the control or prohibition of any other activity, on land adjoining the land on which a line of railway is situated, that could constitute a threat to safe railway operations.

  • Marginal note:Exemption by Minister

    (1.1) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of any regulation made under subsection (1) if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety.

  • Marginal note:Compensation

    (2) Where the owner, lessee or occupier of land adjoining the land on which a line of railway is situated, the owner, lessee or occupier of any building or other structure erected on that adjoining land, or the owner of any mine or other works operated on that adjoining land, suffers a loss by reason of the operation of the regulations made under this section, the railway company operating that line of railway shall pay to that person such compensation in respect of that loss as is agreed to between the railway company and that person or, failing such agreement, as is determined pursuant to section 26.

  • R.S., 1985, c. 32 (4th Supp.), s. 24;
  • 1994, c. 15, s. 1(F);
  • 1999, c. 9, s. 19;
  • 2012, c. 7, s. 16;
  • 2015, c. 31, s. 23.

Power of Railway Companies on Adjoining Lands

Marginal note:Entry onto land adjoining line of railway
  •  (1) For the purpose of preventing a threat to safe railway operations on a line of railway or restoring safe railway operations on a line of railway, a railway company may enter onto any land adjoining the land on which the line of railway is situated

    • (a) at any time, in order to maintain or alter railway works or remove obstructions to them, if no other access to the line of railway is reasonably available, and remain on the land for as long as is necessary to accomplish that purpose;

    • (b) at any time, in order to deal with any fire occurring on either of those lands;

    • (c) at any reasonable time, on giving notice in writing of its intention to do so to the owner of the adjoining land, in order to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e); or

    • (d) at any time between November 1 and March 31, in order to install or maintain a snow fence.

  • Marginal note:Power of road authority to enter land adjoining line of railway

    (1.1) For the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e), if the road authority gives notice in writing to the owner of the land of its intention to do so.

  • Marginal note:Removal of snow fences

    (2) A railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.

  • Marginal note:Compensation

    (3) If the owner, lessee or occupier of adjoining land suffers a loss because of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person any compensation in respect of that loss that they may agree on or, failing an agreement, that is determined under section 26, but the payment of compensation is not a condition precedent to the exercise of the power.

  • R.S., 1985, c. 32 (4th Supp.), s. 25;
  • 1996, c. 10, s. 265;
  • 1999, c. 9, s. 20;
  • 2012, c. 7, s. 17.
 
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