Railway Safety Act

Marginal note:Regulations and orders of general application

• 119 (1) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to all railway companies,

  continues to have effect as if it were a regulation made by the Governor in Council under this Act until it is revoked by an order of the Governor in Council under subsection (5).

• Marginal note:Regulations — retroactive validation

  (1.1) Each of the following regulations is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5):

  • (a) Ammonium Nitrate Storage Facilities Regulations;

  • (b) Anhydrous Ammonia Bulk Storage Regulations;

  • (c) Chlorine Tank Car Unloading Facilities Regulations;

  • (d) Flammable Liquids Bulk Storage Regulations;

  • (e) Heating and Power Boilers Regulations;

  • (f) Liquefied Petroleum Gases Bulk Storage Regulations;

  • (g) Railway Safety Appliance Standards Regulations;

  • (h) Height of Wires of Telegraph and Telephone Lines Regulations;

  • (i) Joint Use of Poles Regulations;

  • (j) Wire Crossings and Proximities Regulations;

  • (k) Handling of Carloads of Explosives on Railway Trackage Regulations;

  • (l) Railway Prevention of Electric Sparks Regulations; and

  • (m) Service Equipment Cars Regulations.

• Marginal note:Regulations deemed made

  (1.2) Each of the following regulations is deemed to have been made by the Governor in Council under this Act and may be repealed by an order of the Governor in Council under subsection (5):

  • (a) Algoma Central Railway Traffic Rules and Regulations;

  • (b) Canadian National Railway Passenger Train Travel Rules and Regulations;

  • (c) Canadian Pacific Railway Traffic Rules and Regulations;

  • (d) Dominion Atlantic Railway Traffic Rules and Regulations;

  • (e) Grand River Railway Traffic Rules and Regulations;

  • (f) Lake Erie and Northern Railway Traffic Rules and Regulations;

  • (g) Quebec Central Railway Traffic Rules and Regulations;

  • (h) Railway Abandonment Regulations;

  • (i) Specification 112 and 114 Tank Cars Regulations;

  • (j) Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations; and

  • (k) Railway Hygiene Regulations.

• Marginal note:Regulations and orders applying to particular companies

  (2) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to a particular railway company or particular railway companies,

  continues to have effect as if it were an order made by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Regulations related to safety

  (2.1) Every regulation relating to railway safety that was made by the Commission under the Railway Act, other than a regulation referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation that was made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5).

• Marginal note:Orders related to safety

  (2.2) Every order relating to railway safety that was made by the Commission under the Railway Act, other than an order referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were an order that was made by the Minister under this Act, until it is repealed by an order of the Minister under subsection (5).

• Marginal note:References to Commission or Agency

  (3) In any regulation or order mentioned in any of subsections (1) to (2.2), a reference to the Canadian Transport Commission or the Agency, or to any officer of those bodies, shall be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with any modifications that the circumstances require.

• Marginal note:By-laws

  (4) Every by-law made by a company pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Power to repeal

  (5) The Governor in Council may by order repeal a regulation or order referred to in any of subsections (1) to (1.2) or in subsection (2.1), and the Minister may by order repeal a regulation or order referred to in subsection (2) or (2.2) or a by-law referred to in subsection (4).