Marginal note:Minister may simultaneously consider requests for grant and for section 10 approval

• 17. (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• (2) [Repealed, 1999, c. 9, s. 11]

Marginal note:Compliance with regulations and rules

17.2 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 the regulations and with the rules made in respect of the company under sections 19 and 20, except to the extent that the company is exempt from their application under section 22 or 22.1.

Marginal note:Crossing works

17.3 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.

Marginal note:Regulations

• 18. (1) The Governor in Council may make regulations

  • (a) respecting the operation or maintenance of line works, and the design, construction, alteration, operation and maintenance of railway equipment, which regulations may embrace, among other things, performance standards;

  • (b) declaring positions in railway companies to be critical to safe railway operations;

  • (c) respecting the following matters, to the extent that they relate to safe railway operations, in relation to persons employed in positions referred to in paragraph (b):

    • (i) the training of those persons, both before and after appointment to those positions,

    • (ii) hours of work and rest periods to be observed by those persons,

    • (iii) minimum medical, including audiometric and optometric, standards to be met by those persons,

    • (iv) the control or prohibition of the consumption of alcoholic beverages and the use of drugs by those persons,

    • (v) the establishment of support programs for those persons and standards applicable to such programs, and

    • (vi) the establishment of a scheme for licensing those persons; and

  • (d) respecting the prevention and control of fires on railway works.

• Marginal note:Regulations — crossing works

  (2) The Governor in Council may make regulations respecting crossing works, including regulations for requiring a railway company, road authority or other person who has rights relating to a road crossing to conduct a safety review of the road crossing following an accident of a type specified in the regulations.

• Marginal note:Regulations — security

  (2.1) The Governor in Council may make regulations respecting the security of railway transportation.

• Marginal note:Application

  (2.2) A regulation made under this section may be general or applicable to a group or class of persons or companies.

• Marginal note:Regulations to override rules

  (3) If the Governor in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are inconsistent with rules approved in relation to a particular company by the Minister under section 19 or 20 in respect of that matter, those rules are at that time revoked to the extent of the inconsistency.