Version of document from 2015-04-01 to 2015-06-04:

Railway Safety Administrative Monetary Penalties Regulations

SOR/2014-233

RAILWAY SAFETY ACT

Registration 2014-10-10

Railway Safety Administrative Monetary Penalties Regulations

P.C. 2014-1022 2014-10-09

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 40.1Footnote a and subsection 40.11(2)Footnote a of the Railway Safety ActFootnote b, makes the annexed Railway Safety Administrative Monetary Penalties Regulations.

Interpretation

Definition of Act

 In these Regulations, Act means the Railway Safety Act.

Designated Provisions

Marginal note:Designated provisions
  •  (1) A provision of the Act or its regulations that is set out in column 1 of a Part of Schedule 1 is designated as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22 of the Act.

  • Marginal note:Maximum amounts — individuals

    (2) The amount set out in column 2 of a Part of Schedule 1 is the maximum amount payable by an individual in respect of a violation of the designated provision set out in column 1.

  • Marginal note:Maximum amounts — corporations

    (3) The amount set out in column 3 of a Part of Schedule 1 is the maximum amount payable by a corporation in respect of a violation of the designated provision set out in column 1.

Marginal note:Designations — orders and rules
  •  (1) The following instruments are designated as provisions the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22 of the Act:

    • (a) an order made under subsection 7(2) or 19(1) of the Act;

    • (b) a rule in force under section 19 or 20 of the Act.

  • Marginal note:Maximum amounts

    (2) The maximum amount payable for a violation referred to in subsection (1) is $25,000 in the case of an individual and $125,000 in the case of a corporation.

Prescribed Form of Enforcement Officer Certificate

Marginal note:Enforcement Officer Certificate

 The authorization referred to in subsection 40.11(2) of the Act shall be in the form set out in Schedule 2.

Coming into Force

Marginal note:April 1, 2015

 These Regulations come into force on April 1, 2015.

SCHEDULE 1(Section 2)

PART 1

Designated Provisions of the Act

Column 1Column 2Column 3
Maximum Amount Payable ($)Maximum Amount Payable ($)
ItemDesignated ProvisionIndividualCorporation
1Subsection 7(2.1)25,000125,000
2Subsection 8(1)25,000125,000
3Subsection 10(1)25,000125,000
4Subsection 11(1)50,000250,000
5Subsection 11(2)50,000250,000
6Section 17.250,000250,000
7Section 17.350,000250,000
8Subsection 19(2)5,00025,000
9Subsection 20(1)5,00025,000
10Subsection 20(2)5,00025,000
11Subsection 23.1(1)5,00025,000
12Subsection 30(1)25,000125,000
13Subsection 30(2)25,000125,000
14Section 3150,000250,000
15Subsection 32(1)50,000250,000
16Subsection 32(3)50,000250,000
17Subsection 33(1)50,000250,000
18Subsection 35(1)25,000125,000
19Subsection 35(3)25,000125,000
20Section 3650,000250,000
21Section 3850,000250,000
22Subsection 44.1(1)5,00025,000
23Subsection 44.1(2)5,00025,000

PART 2

Designated Provisions of the Railway Safety Management System Regulations

Column 1Column 2Column 3
Maximum Amount Payable ($)Maximum Amount Payable ($)
ItemDesignated ProvisionIndividualCorporation
1Section 250,000250,000
2Subsection 3(1)25,000125,000
3Subsection 3(2)25,000125,000
4Subsection 4(1)5,00025,000
5Paragraph 4(2)(b)5,00025,000
6Subsection 5(1)5,00025,000
7Section 625,000125,000

PART 3

Designated Provisions of the Mining Near Lines of Railways Regulations

Column 1Column 2Column 3
Maximum Amount Payable ($)Maximum Amount Payable ($)
ItemDesignated ProvisionIndividualCorporation
1Section 450,000250,000
2Subsection 5(1)25,000125,000
3Subsection 5(2)25,000125,000
4Section 625,000125,000
5Section 850,000250,000

PART 4

Designated Provisions of the Railway Prevention of Electric Sparks Regulations

Column 1Column 2Column 3
Maximum Amount Payable ($)Maximum Amount Payable ($)
ItemDesignated ProvisionIndividualCorporation
1Section 350,000250,000
2Subsection 5(1)25,000125,000
3Subsection 5(2)25,000125,000
4Subsection 5(3)25,000125,000
5Section 625,000125,000

SCHEDULE 2(Section 4)Enforcement Officer Certificate

ENFORCEMENT OFFICER CERTIFICATE
Certificate Number:
Pursuant to subsection 40.11(1) of the Railway Safety Act, (NAME) is designated as an enforcement officer to exercise the powers conferred to an enforcement officer under that Act.
Signature of Minister or Minister’s delegate:
Date of issuance:
Date modified: