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

Marginal note:Other exemptions

• 22.1 (1) A railway company that proposes to conduct testing relating to rail transportation, or that requires an immediate exemption of short duration, is exempt 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 during any period that the company considers necessary. However, the exemption is effective only if the railway company files a notice of the exemption with the Minister and each relevant association or organization that is likely to be affected by the exemption and

  • (a) within twenty-one days after filing the notice, the company receives a response from the Minister and each of those associations and organizations indicating that they do not object to the exemption; or

  • (b) no objections are confirmed or made by the Minister under subsection (3).

• Marginal note:Objections

  (2) Each of the relevant associations or organizations may object to the exemption on the grounds of safety. The objection must be filed with the Minister and the railway company within fourteen days after the notice referred to in subsection (1) is filed.

• Marginal note:Minister’s decision

  (3) The Minister may

  • (a) within seven days after the filing of an objection under subsection (2), confirm the objection if the Minister decides that the exemption threatens safety; or

  • (b) within twenty-one days after receiving the notice under subsection (1), object to the exemption if the Minister is of the opinion that the exemption is not in the public interest or that it is likely to threaten safety.

Marginal note:Company not to operate or maintain a railway otherwise than in accordance with regulations or rules

• 23. (1) Unless a railway company is exempted under section 22 or 22.1 from the application of regulations made under section 18 or of rules in force under section 19 or 20 that would otherwise apply to that company, the company shall not operate or maintain railway works or railway equipment otherwise than in accordance with those regulations or rules.

• Marginal note:Person not to maintain crossing work other than in accordance with regulations

  (2) Unless the person responsible for the maintenance of a crossing work is exempted under section 22 or 22.1 from the application of regulations made under section 18 in relation to the maintenance of that crossing work, that person shall not maintain that crossing work otherwise than in accordance with those regulations.

Marginal note:Use of whistles

• 23.1 (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 require its use; or

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