An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act (S.C. 2012, c. 7)
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Assented to 2012-05-17
An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act
S.C. 2012, c. 7
Assented to 2012-05-17
An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act
SUMMARY
The amendments amend the Railway Safety Act to, among other things,
(a) improve the oversight capacity of the Department of Transport by, for example, requiring companies to obtain a safety-based railway operating certificate indicating compliance with regulatory requirements;
(b) strengthen that Department’s enforcement powers by introducing administrative monetary penalties and increasing fines;
(c) enhance the role of safety management systems by including a provision for a railway executive who is accountable for safety and a non-punitive reporting system for employees of railway companies;
(d) clarify the authority and responsibilities of the Minister of Transport with respect to railway matters; and
(e) expand regulation-making powers, including in respect of environmental management, and clarify the process for rule making by railway companies.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Safer Railways Act.
R.S., c. 32 (4th Supp.)RAILWAY SAFETY ACT
Marginal note:1996, c. 10, s. 261
2. Subsection 2(2) of the Railway Safety Act is replaced by the following:
Marginal note:Application generally
(2) This Act applies in respect of railways that are within the legislative authority of Parliament.
Marginal note:Exceptions
(3) Despite subsection (2), this Act does not apply in respect of
(a) railways referred to in section 16 of the Harbour Commissions Act; or
(b) railways referred to in section 29 of the Canada Marine Act, except to the extent provided by regulations made under subsection 29(2) of that Act.
Marginal note:1999, c. 9, s. 1
3. Section 3 of the Act is replaced by the following:
Marginal note:Objectives
3. The objectives of this Act are to
(a) promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;
(b) encourage the collaboration and participation of interested parties in improving railway safety and security;
(c) recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and
(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.
Marginal note:Minister’s responsibilities respecting railway safety
3.1 The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,
(a) promote railway safety and security by means that the Minister considers appropriate;
(b) provide facilities and services for the collection, publication or dissemination of information;
(c) undertake, and cooperate with persons undertaking, projects, technical research, study or investigation;
(d) inspect, examine and report on activities related to railway matters; and
(e) undertake other activities that the Minister considers appropriate or that the Governor in Council may direct.
Marginal note:1999, c. 9, s. 2(4)
4. (1) The definitions organisation intéressée and système de gestion de la sécurité in subsection 4(1) of the French version of the Act are replaced by the following:
« organisation intéressée »
“relevant association or organization”
organisation intéressée Association ou organisation formée pour représenter le personnel d’une compagnie de chemin de fer ou les propriétaires ou locataires de matériel ferroviaire utilisé sur les voies ferrées exploitées par une telle compagnie de chemin de fer, et classée par arrêté du ministre comme organisation intéressée par rapport à la compagnie.
« système de gestion de la sécurité »
“safety management system”
système de gestion de la sécurité Protocole visant la mise en oeuvre de la sécurité ferroviaire dans l’exploitation ferroviaire courante et intégrant les responsabilités et les pouvoirs au sein d’une compagnie, les règles, les procédures, les processus de surveillance et d’évaluation auxquels elle est assujettie ainsi que les objectifs en matière de sécurité, de rendement des mécanismes de contrôle d’application et d’évaluation des risques.
(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:
“company”
« compagnie »
“company” means a railway company or a local railway company;
“fatigue science”
« science de la fatigue »
“fatigue science” means a scientifically based, data-driven and systematic method used to measure and manage human fatigue;
“highest level of safety”
« niveau de sécurité le plus élevé »
“highest level of safety” means the lowest acceptable level of risk as demonstrated by a risk management analysis;
“local railway company”
« compagnie de chemin de fer locale »
“local railway company” means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway;
“railway”
« chemin de fer »
“railway” means a railway within the legislative authority of Parliament and includes
(a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, and
(b) communications or signalling systems and related facilities and equipment used for railway purposes;
“railway company”
« compagnie de chemin de fer »
“railway company” means a person that constructs, operates or maintains a railway;
Marginal note:1996, c. 10, s. 263(2)
(3) Subsection 4(2) of the Act is repealed.
Marginal note:2001, c. 29, s. 64(2)
(4) Subsection 4(5) of the Act is replaced by the following:
Marginal note:Filing or sending notices and documents
(5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must be
(a) in the case of an individual, by personal service, by facsimile or by mailing it by registered mail to the person’s latest known address;
(b) in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; or
(c) in either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister.
5. The Act is amended by adding the following after section 4:
Marginal note:Inconsistencies with operating agreements
4.1 This Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them.
6. Section 6 of the Act is replaced by the following:
Marginal note:Agreements between Department and Agency
6. The Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it:
(a) the coordination of the activities of the Department of Transport and the Agency
(i) relating to the construction, alteration, operation or maintenance of railway works and railway equipment, or
(ii) in determining whether a person is constructing, operating or maintaining a railway; and
(b) procedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters.
Marginal note:Agreements with provincial ministers
6.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting
(a) railway safety and security and the safety aspects of railway crossings; or
(b) matters relating to the protection of the environment to which this Act applies.
Marginal note:Designation of body or person
(2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.
Marginal note:Duties and powers
(3) The designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement.
Marginal note:Agreements with provincial authorities
6.2 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authority’s jurisdiction.
7. (1) Subsection 7(1) of the French version of the Act is replaced by the following:
Marginal note:Règlements normatifs en matière de construction et de modification
7. (1) Le gouverneur en conseil peut, par règlement, régir l’établissement de normes concernant la structure ou le rendement d’installations ferroviaires et applicables à la construction ou à la modification de celles-ci.
Marginal note:1999, c. 9, s. 3
(2) Subsection 7(3) of the Act is replaced by the following:
Marginal note:Application of certain provisions
(3) Section 19 and regulations made under section 20.2 apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to any obligation to consult.
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