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

Marginal note:Appointment

• 44 (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

• Marginal note:Limitation

  (2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

• Marginal note:Jurisdiction

  (3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

• Marginal note:Power to take persons before a court

  (4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

• Marginal note:Court’s jurisdiction

  (5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

• Marginal note:Dismissal or discharge of police constable

  (6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.