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39 (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board railway equipment or enter a restricted area and, if so required,

• (a) the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; and

• (b) no person shall take the goods, or have them placed, on board the railway equipment or in the restricted area unless the goods have undergone the authorized screening.

Marginal note:Screening after boarding or in restricted areas

(2) A screening officer may require a person on board railway equipment or in a restricted area to undergo authorized screening and, if the person refuses,

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Marginal note:Unaccompanied goods

(3) A screening officer may carry out authorized screening of any goods at a railway work that are intended for transport on railway equipment and are not accompanied by a person, and the officer may use any force that is reasonably necessary to gain access to the goods.

Marginal note:False or misleading information

(4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer.

Marginal note:Operators to post notices

(5) When authorized screening is required or authorized under this Act on board railway equipment or at a railway work, the railway company that operates the railway equipment or railway work shall post notices stating that

• (a) authorized screening is being carried out;

• (b) no person is obliged to undergo authorized screening of their person if they choose not to board the railway equipment or enter a restricted area; and

• (c) no person is obliged to permit authorized screening of their goods if they choose not to take the goods or have them placed on board the railway equipment or in the restricted area.

Marginal note:Placement and languages of notices

(6) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language.

27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.

Marginal note:Suspension or cancellation of designation for offences

(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.

Marginal note:Suspension of designation for immediate threat

(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.

4 (1) In this Act,

authorized screening

authorized screening means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment; (contrôle)

screening officer

screening officer  means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act; (agent de contrôle)

27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.

27 (1) The Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.