Railway Safety Act

Version of section 28 from 2002-12-31 to 2013-04-30:

Marginal note:Inspector’s powers
  •  (1) A railway safety inspector may, at any time,

    • (a) for the purpose of ensuring compliance with this Act and with the regulations, emergency directives, rules, orders and security measures made under this Act, enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the operation of a railway, including railway equipment, and carry out any inspection that the inspector considers necessary in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector;

    • (a.1) require any person appearing to be in charge of the place to produce any document, regardless of physical form or characteristics, for inspection or for the purpose of making copies or taking extracts;

    • (b) seize any property found in the course of that inspection on the railway work or in the railway equipment that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act, and may submit that property to reasonable tests; and

    • (c) require the attendance of persons whom the inspector deems relevant to the carrying out of the inspector’s functions, and may question those persons.

  • Marginal note:Idem

    (2) Where a railway safety inspector believes, on reasonable grounds, that an offence under this Act is being or has been committed at or in any place other than a railway work or railway equipment and that evidence of that offence is likely to be found at that place, the inspector may, if the offence relates to a matter for which the inspector is designated, and subject to subsection (3),

    • (a) enter and search that place for evidence of that offence; and

    • (b) seize any property found in the course of the search that the inspector believes, on reasonable grounds, will afford evidence with respect to that offence, and submit that property to reasonable tests.

  • Marginal note:Conditions for exercise of powers under subsection (2)

    (3) A railway safety inspector shall not exercise the powers referred to in subsection (2) unless

    • (a) the person apparently in charge of the place consents to the entry and search;

    • (b) the powers are exercised in relation to that place under the authority of a warrant; or

    • (c) by reason of exigent circumstances, it would not be practicable for the inspector to obtain a warrant.

  • Marginal note:Forcible entry must be specifically authorized

    (4) In executing a warrant, a railway safety inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • R.S., 1985, c. 32 (4th Supp.), s. 28;
  • 1999, c. 9, s. 23.
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