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Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

Full Document:  

Act current to 2019-07-01 and last amended on 2018-12-18. Previous Versions

PART IVAdministration and Enforcement (continued)

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

Marginal note:Notice — threat

  •  (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 or the safety of persons or property, 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.

  • (2.1) to (4) [Repealed, 2015, c. 31, s. 25]

  • 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:Minister to be informed of order

    (5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.

  • 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.

  • Marginal note:Effect of order

    (7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.

  • Marginal note:Alteration and revocation of orders by other inspectors

    (8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act.

  • Marginal note:Reviewable order

    (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.

  • Marginal note:When alteration or revocation effective

    (10) An alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation.

  • R.S., 1985, c. 32 (4th Supp.), s. 31
  • 1999, c. 9, s. 24
  • 2001, c. 29, s. 66
  • 2012, c. 7, s. 21
  • 2015, c. 31, ss. 25, 39

Marginal note:Request for review of order of railway safety inspector

  •  (1) A person who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.

  • Marginal note:Time and place for review

    (2) On receipt of a request filed under subsection (1), the Tribunal shall without delay appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

  • Marginal note:Review procedure

    (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Determination

    (4) The member may confirm the order or refer the matter to the Minister for consideration.

  • 2001, c. 29, s. 67
  • 2012, c. 7, s. 22

Marginal note:Right of appeal

  •  (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) If the person does not appear at the review hearing, the person is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter to the Minister for consideration.

  • 2001, c. 29, s. 67

Marginal note:No stay of order

 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).

  • 2001, c. 29, s. 67

Marginal note:Consideration by Minister

 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.

  • 2001, c. 29, s. 67

Marginal note:When alteration or revocation effective

 An alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.

  • 2001, c. 29, s. 67
  • 2012, c. 7, s. 23(E)

Ministerial Orders

Marginal note:Orders concerning unauthorized or improperly maintained works

  •  (1) Where, in the opinion of the Minister,

    • (a) a railway work the construction of which began after the coming into force of this section has not been constructed in accordance with the requirements imposed by or under this Act,

    • (b) any railway work has not been altered in accordance with the requirements imposed by or under this Act, or

    • (c) any railway work is not being, or has not been, maintained in accordance with the requirements imposed by or under this Act,

    the Minister may

    • (d) by notice sent to the person responsible for the work, order the person to remove or modify the work, and

    • (e) where a person fails to comply with an order made under paragraph (d), remove and destroy the work concerned and sell, give away or otherwise dispose of the materials contained in that work.

  • Marginal note:Costs

    (2) Where the Minister removes, destroys or disposes of a railway work under paragraph (1)(e), the costs of and incidental to doing so, after deducting therefrom any sum that may be realized by sale or otherwise, are recoverable, with costs, in the name of Her Majesty from the person who failed to remove or modify the work, whether or not proceedings are instituted against that person for failing to comply with an order of the Minister under this section.

  • Marginal note:Contravention of regulations under section 24

    (3) If the Minister is of the opinion that a person has contravened a regulation made under section 24, the Minister

    • (a) by notice sent to the person,

      • (i) shall inform the person of that opinion and of the reasons for it, and

      • (ii) may, if the Minister believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take any action that is necessary to remove the threat; and

    • (b) by notice sent to the railway company concerned,

      • (i) shall inform the railway company of that opinion and of the reasons for it, and

      • (ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to safe railway operations, order the railway company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the Minister’s satisfaction, been taken by the person referred to in paragraph (a).

  • Marginal note:Safety management system deficiencies

    (3.1) If the Minister is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

  • Marginal note:Implementation of safety management system

    (3.2) If the Minister is of the opinion that a company is implementing any part of its safety management system in a manner that risks compromising railway safety, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

  • Marginal note:Railway operation

    (3.21) 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.

  • Marginal note:Contents of notice

    (4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, 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.

  • R.S., 1985, c. 32 (4th Supp.), s. 32
  • 1999, c. 9, s. 25
  • 2001, c. 29, s. 68
  • 2012, c. 7, s. 24
  • 2015, c. 31, ss. 26, 39, c. 35, s. 3
 
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