PART IVAdministration and Enforcement (continued)
Ministerial Orders (continued)
Marginal note:Order — safe railway operations
32.01 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.
- 2015, c. 31, s. 27
Marginal note:Request for review
32.1 (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.
Marginal note:Time and place for review
(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay.
Marginal note:Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Marginal note:Person not compelled to testify
(4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.
(5) The member may confirm the order or refer the matter back to the Minister for reconsideration.
- 2001, c. 29, s. 69
- 2012, c. 7, s. 25
- 2015, c. 31, s. 28
Marginal note:Right of appeal
32.2 (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.
Marginal note:Loss of right of appeal
(2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes 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 back to the Minister for reconsideration.
- 2001, c. 29, s. 69
- 2015, c. 31, s. 29
Marginal note:Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) 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 (3.21) or section 32.01 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
- 2001, c. 29, s. 69
- 2015, c. 31, ss. 30, 39, c. 35, s. 4
Marginal note:Reconsideration by Minister
32.4 If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. 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. 69
Marginal note:When alteration or revocation effective
32.5 An alteration or revocation under section 32.4 has effect when the company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.
- 2001, c. 29, s. 69
- 2012, c. 7, s. 26(E)
Marginal note:Minister may send emergency directives
33 (1) If the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, the Minister may, by emergency directive sent to a company, order it
(a) either absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or following the maintenance or operating practice that poses the threat; or
(b) to follow a maintenance or operating practice specified in the directive if the threat is posed by the company’s failure to follow that practice.
Marginal note:Directive despite compliance with law
(1.1) The Minister may issue an emergency directive even though
(2) An emergency directive has effect during such period, not exceeding six months, as is specified in the directive.
Marginal note:Emergency directive to contain statement of reasons
(3) An emergency directive shall contain a statement of the Minister’s reasons for holding the opinion by reason of which the directive was given.
Marginal note:Minister may rescind emergency directives
(4) The Minister may, by notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect.
Marginal note:Inconsistency between emergency directives, regulations, rules or orders
(5) In the event that there is an inconsistency between an emergency directive and a regulation made under subsection 18(1) or (2.1) or a rule in force under section 19 or 20, the emergency directive prevails to the extent of the inconsistency.
Marginal note:Minister may renew emergency directives
(6) The Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, if the Minister does so, this section, except this subsection, applies to the directive as renewed.
- R.S., 1985, c. 32 (4th Supp.), s. 33
- 1999, c. 9, s. 26
- 2012, c. 7, s. 27
Enforcement through Court
Marginal note:Enforcement through court
Marginal note:Orders of railway safety inspectors
(2) For the purpose of enabling an order contained in a notice served on a company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order after that has effect as an order of the Minister.
(3) To make an order or emergency directive of the Minister an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Minister may file with the registrar of the court a certified copy of the order or directive and the order or directive thereupon becomes an order of the court.
Marginal note:Effect of revocation
(4) When an order or emergency directive of the Minister that has been made an order of a court pursuant to this section is revoked by a subsequent order or directive of the Minister, the order of the court shall be deemed to have been cancelled.
Marginal note:Option to enforce
(5) The Minister may, before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive by the Minister’s own action.
- R.S., 1985, c. 32 (4th Supp.), s. 34
- 2002, c. 8, s. 168
- 2006, c. 11, s. 26
- 2007, c. 19, s. 53
- 2012, c. 7, s. 28(E)
Marginal note:Medical examination
35 (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.
Marginal note:Physician or optometrist to disclose potentially hazardous conditions
(2) If a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations,
(a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and
(b) without delay send a copy of that notice to the patient,
and the patient is deemed to have consented to the disclosure required by paragraph (a).
Marginal note:Holder of designated position to inform physician or optometrist
(3) A person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position.
Marginal note:Railway company may act in interests of safe railway operations
(4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.
Marginal note:Proceedings not to lie against physician or optometrist
(5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section.
Marginal note:Information privileged
(6) Information provided pursuant to subsection (2) is privileged and
- R.S., 1985, c. 32 (4th Supp.), s. 35
- 1999, c. 9, s. 27
- 2012, c. 7, s. 29(F)
- Date modified: