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An Act to amend the Railway Safety Act (safety of persons and property) (S.C. 2015, c. 35)

Assented to 2015-06-23

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An Act to amend the Railway Safety Act (safety of persons and property)

S.C. 2015, c. 35

Assented to 2015-06-23

An Act to amend the Railway Safety Act (safety of persons and property)

SUMMARY

This enactment amends the Railway Safety Act to improve public safety by providing authority to issue orders if a railway work or a railway operation poses a threat to the safety of persons or property.

R.S., c. 32 (4th Supp.)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Subsection 9(1) of the Railway Safety Act is replaced by the following:

Marginal note:Frivolous or vexatious objections

  • 9. (1) Where the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious or that the proposed railway work to which the objection relates is in the public interest, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act.

  • 2. (1) The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Inspector may forbid or restrict use of unsafe works or equipment

    • 31. (1) If a railway safety inspector is of the opinion that the standard of construction or maintenance of a line work or railway equipment of a company poses a threat to safe railway operations or to the safety of persons or property, the inspector

  • (2) The portion of subsection 31(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Inspector may forbid or restrict use of unsafe crossing work

      (2) If a railway safety inspector is of the opinion that the standard of construction or maintenance of a crossing work threatens safe railway operations or the safety of persons or property, the inspector, by notice sent to the person responsible for the maintenance of the crossing work and to the railway company concerned,

  • (3) The portion of subsection 31(2.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Unsafe use of road crossing

      (2.1) If a railway safety inspector is of the opinion that the method of operating a vehicle over a road crossing threatens safe railway operations or the safety of persons or property, the inspector, by notice sent to the driver or operator of the vehicle,

  • (4) The portion of subsection 31(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Inspector may forbid operation of certain works or equipment

      (3) If a railway safety inspector is of the opinion that the operation of a line work or railway equipment threatens the safety or security of railway operations or the safety of persons or property, the inspector, by notice sent to the company or to any other person who owns or leases the equipment,

  • 3. (1) Section 32 of the Act is amended by adding the following after subsection (3.1):

    • Marginal note:Railway operation

      (3.2) If the Minister is of the opinion that a railway operation poses a significant threat to the safety of persons or property or to the environment, the Minister may, by notice sent to the person responsible for the railway operation, order the person to take the necessary corrective measures.

  • (2) Subsection 32(4) of the Act is replaced by the following:

    • Marginal note:Contents of notice

      (4) An order contained in a notice under subsection (1), (3), (3.1) or (3.2) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.

4. Section 32.3 of the Act is replaced by the following:

Marginal note:Stay of order

32.3 If a request for review is filed, an order made under subsection 32(1) or (3.1) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) or (3.2) shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under subsection 32.1(5) or 32.2(3).

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