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An Act to amend the Canada Transportation Act and the Railway Safety Act (S.C. 2015, c. 31)

Assented to 2015-06-18

1996, c. 10CANADA TRANSPORTATION ACT

11. Section 177 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Sections 93.1 or 94

    (2.1) The contravention of section 93.1 or 94 may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

  • Marginal note:Subsections 155.7(1) or 155.84(1) to (3)

    (2.2) The contravention of subsection 155.7(1) or any of subsections 155.84(1) to (3) may be proceeded with as a violation in accordance with sections 179 and 180. The maximum amount payable for each violation is $100,000.

Marginal note:2014, c. 8, s. 10(1)

12. The portion of subsection 178(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Notices of violation

  • 178. (1) The Agency, in respect of a violation referred to in subsection 177(1), (1.1) or (2.1), or the Minister, in respect of a violation referred to in subsection 177(2), (2.2) or (3), may

Marginal note:2014, c. 8, s. 12(1)

13. Subsection 180.8(2) of the Act is replaced by the following:

  • Marginal note:Delegation by Minister

    (2) In the case of a violation referred to in subsection 177(2), (2.2) or (3), the Minister may delegate to the Agency any power, duty or function conferred on him or her under this Part.

14. The Act is amended by adding, after Schedule II, the Schedules III and IV set out in the schedule to this Act.

15. The portion of item 2 of Schedule IV to this Act in column II is replaced by the following:

$100 million per occurrence

16. The portion of item 3 of Schedule IV to this Act in column II is replaced by the following:

$250 million per occurrence

R.S., c. 32 (4th Supp.)RAILWAY SAFETY ACT

Marginal note:2012, c. 7, s. 4(2)

  • 17. (1) The definition “fatigue science” in subsection 4(1) of the Railway Safety Act is repealed.

  • Marginal note:1999, c. 9, s. 2(5)(E)

    (2) The definition “proponent” in subsection 4(1) of the Act is replaced by the following:

    “proponent”

    « promoteur »

    “proponent”, in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed under another Act or by an order made under section 32.01;

  • Marginal note:1999, c. 9, s. 2(4)

    (3) Paragraph (b) of the definition “security document” in subsection 4(1) of the Act is replaced by the following:

    • (b) an order, contained in a notice, referred to in subsection 31(2) that relates to security,

Marginal note:1999, c. 9, s. 3; 2012, c. 7, s. 7(1)(F)

18. Subsections 7(1) to (2.1) of the French version of the Act are replaced by the following:

Marginal note:Règlements normatifs en matière de construction et de modification

  • 7. (1) Le gouverneur en conseil peut prendre des règlements pour régir l’établissement de normes techniques concernant la structure ou le rendement d’installations ferroviaires et applicables à la construction ou à la modification de celles-ci.

  • Marginal note:Arrêté ministériel

    (2) Le ministre peut, par arrêté, enjoindre à une compagnie de chemin de fer soit d’établir des normes techniques concernant l’un des domaines visés au paragraphe (1), soit de modifier, d’une façon particulière, de telles normes et d’en déposer, pour approbation, le texte auprès de lui, le tout dans un délai déterminé dans l’arrêté.

  • Marginal note:Initiative de la compagnie

    (2.1) La compagnie de chemin de fer qui se propose d’établir des normes techniques concernant l’un des domaines visés au paragraphe (1) ou de modifier de telles normes en dépose, pour approbation, le texte auprès du ministre.

Marginal note:1999, c. 9, s. 4

19. Section 7.1 of the Act and the heading before it are replaced by the following:

Construction and Alteration of Road Crossings

Marginal note:Regulations

7.1 The Governor in Council may make regulations regulating or prohibiting the construction or alteration of road crossings.

20. The Act is amended by adding the following after section 17.2:

Marginal note:Compliance with engineering standards

17.21 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

21. The heading after section 22.1 of the Act is replaced by the following:

Powers of Agency — Fire

Marginal note:Application to Agency

  • 23. (1) If a province or municipality is of the opinion that a fire to which it responded was the result of a railway company’s railway operations, it may apply to the Agency to have the costs that it incurred in responding to the fire reimbursed by the railway company.

  • Marginal note:Form of application

    (2) The application shall be in the form prescribed by regulations made under subsection (5), and it shall be accompanied by the information prescribed by those regulations.

  • Marginal note:Further information

    (3) The Agency may, by notice sent to the province, municipality or railway company, require the province, municipality or railway company to provide it with any further information that it specifies relating to the application, within the period specified in the notice.

  • Marginal note:Agency’s determination

    (4) If the Agency determines that the fire was the result of the railway company’s railway operations, it shall make an order directing the railway company to reimburse the province or municipality the costs that the Agency determines were reasonably incurred in responding to the fire.

  • Marginal note:Regulations

    (5) The Agency may, with the Governor in Council’s approval, make regulations

    • (a) prescribing the form of the application referred to in this section; and

    • (b) prescribing the information that must accompany that application.

  • Marginal note:Interpretation

    (6) Despite 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.

Marginal note:1999, c. 9, s. 18

22. Paragraph 23.1(3)(b) of the Act is replaced by the following:

  • (b) any rules in force under section 19 or 20 or any regulations require its use; or

  • 23. (1) Paragraph 24(1)(e) of the French version of the Act is replaced by the following:

    • (e) l’enlèvement de toute chose, notamment les arbres et broussailles, risquant de compromettre la sécurité ferroviaire du fait qu’elle réduit la visibilité d’une route ou d’une voie ferrée, et l’enlèvement de plantes nuisibles sur la voie ferrée ou aux abords de celle-ci, ainsi que l’emploi de solutions de rechange aux agents chimiques pour ces opérations;

  • Marginal note:2012, c. 7, s. 16(1)

    (2) Paragraph 24(1)(f) of the Act is replaced by the following:

    • (f) respecting the restriction or prevention, including by means of fences or signs on the land on which a line of railway is situated or on land adjoining that land, of access to the land on which a line of railway is situated by persons — other than employees or agents or mandataries of the railway company concerned, or of the local railway company authorized to operate railway equipment on the railway — or by vehicles or animals, if their presence on that land would constitute a threat to safe railway operations;

24. The heading before section 31 of the Act is replaced by the following:

Notices of Railway Safety Inspectors Concerning the Safety or Security of Railway Operations

Marginal note:1999, c. 9, s. 24(1); 2012, c. 7, ss. 21(1), (2)(F) and (3)

  • 25. (1) Subsections 31(1) to (4) of the Act are replaced by the following:

    Marginal note:Notice — threat

    • 31. (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

    • Marginal note:Notice — immediate threat

      (2) If the railway safety inspector is satisfied that the threat is immediate, the inspector may, in the notice, order the person or any company whose railway operations are affected by the threat, to take the measures that are specified in the notice to mitigate the threat until it has been removed to the inspector’s satisfaction.

  • Marginal note:2001, c. 29, s. 66(1)

    (2) Subsection 31(4.1) of the Act is replaced by the following:

    • Marginal note:Contents of notice

      (4.1) For the purposes of subsection (2), a notice that contains an order shall indicate the date on or before which the recipient may file a request for a review of the order and the address to which the request may be filed. The date shall be 30 days after the day on which the notice is sent.

  • Marginal note:1999, c. 9, s. 24(2); 2012, c. 7, s. 21(4)(E)

    (3) Subsection 31(6) of the Act is replaced by the following:

    • Marginal note:Copies sent to company supervisor

      (6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is responsible for the person or the railway operations that are affected by the threat or, in that supervisor’s absence, to the employee who is at that time in charge of that person or those operations.

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