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Marginal note:Contravention of provision of Act

• 41 (1) Every person who contravenes a provision of this Act is guilty of an offence and liable

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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:Venue

  (3.1) Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

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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.

• Marginal note:Recovery of fines

  (5) Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the conviction shall, on production in a superior court of the province in which the trial was held, be registered in the court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

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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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Marginal note:Contravention of provision of Act

• 41 (1) Every person who contravenes a provision of this Act is guilty of an offence and liable

  [...]

• (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;

  • [...]

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

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

  • [...]

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

• [...]

• Marginal note:Venue

  (3.1) Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

• [...]

• 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.

• Marginal note:Recovery of fines

  (5) Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the conviction shall, on production in a superior court of the province in which the trial was held, be registered in the court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.

• [...]

• 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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Marginal note:Violation

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• Marginal note:Nature of violation

  (4) For greater certainty, a violation is not an offence and accordingly section 126 of the Criminal Code does not apply in respect of a violation.

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Criminal Code

Marginal note:Reference to Agency

• 16 (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

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• Marginal note:Agency to apportion expenditure

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.

• Marginal note:Limitation

  (4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

• (5) The Agency may, with the approval of the Governor in Council, make regulations

  • (a) prescribing the form of the notice for a reference under this section; and

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• Extended meaning of railway work

  (6) In this section, railway work includes the relocation of any portion of a public road.

• Marginal note:Interpretation

  (7) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

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