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22 (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

• (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

• (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

(2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,

• (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

• (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

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Marginal note:Application

(4) A company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.

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(2) A person is guilty of an offence if the person contravenes

• (a) a regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1;

• (b) an order made by the Minister under subsection 7(2) or 19(1), section 32 or 32.01 or contained in a notice sent by a railway safety inspector under section 31;

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• (d) a rule in force under section 19 or 20;

• (e) an emergency directive made by the Minister under section 33;

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• (g) a railway operating certificate issued under section 17.4; or

• (h) an order made under section 36.

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Marginal note:Limitation period

(4) A prosecution by way of summary conviction under this section may be instituted at any time within, but not after, two years after the time when the subject-matter of the prosecution arose.

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Marginal note:Admissibility of evidence

(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

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(2) A person is guilty of an offence if the person contravenes

• (a) a regulation made under subsection 7(1) or section 7.1, 17.95, 18, 24, 37, 47 or 47.1;

• (b) an order made by the Minister under subsection 7(2) or 19(1), section 32 or 32.01 or contained in a notice sent by a railway safety inspector under section 31;

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• (d) a rule in force under section 19 or 20;

• (e) an emergency directive made by the Minister under section 33;

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• (g) a railway operating certificate issued under section 17.4; or

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Marginal note:Limitation period

(4) A prosecution by way of summary conviction under this section may be instituted at any time within, but not after, two years after the time when the subject-matter of the prosecution arose.

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Marginal note:Admissibility of evidence

(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

19 (1) The Minister may, by order, require a company

• (a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and

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(6) If the Minister notifies a company that the Minister refuses to approve rules filed by the company in respect of a matter pursuant to an order under subsection (1),

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• (b) the provisions of this section apply in relation to those further rules, with any modifications that the circumstances require.

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Marginal note:Consultation

(8) The Minister may not, under this section, establish rules applying to a company unless the Minister

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Definition of assessment period

(10) Subject to subsection (11), in this section, assessment period , in relation to rules filed with the Minister under this section, means

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Marginal note:Period of inquiry not part of assessment period

(11) If, pursuant to section 40, the Minister directs persons to conduct an inquiry respecting proposed rules, the period commencing on the day when the Minister so directs and ending on the day when the persons report back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.

35 (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.

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Marginal note:Proceedings not to lie against physician or optometrist

(5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.