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

Incorporation by Reference

Marginal note:Incorporation by reference

48 A regulation made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time.

Inconsistent Provisions

Marginal note:Safety regulations prevail

49 A regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1, or a rule in force under section 19 or 20, prevails over an order, rule or regulation made under any other Act of Parliament to the extent of any inconsistency between them.

50 [Repealed, 2014, c. 20, s. 231]

Review of Act

Marginal note:Statutory review

• 51 (1) The Minister shall, not later than five years after the day on which this section comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act.

• Marginal note:Tabling of report

  (2) The Minister shall have a report of the comprehensive review laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.

PART VIConsequential Amendments and Transitional Provisions

Access to Information Act

52 [Amendment]

Canadian National Railways Act

53 and 54 [Amendments]

Criminal Code

55 to 62 [Amendments]

National Transportation Act, 1987

63 to 65 [Amendments]

Railway Act

66 to 114 [Amendments]

Railway Relocation and Crossing Act

115 to 118 [Amendments]

Transitional Provisions Relating to Railway Act Amendments

Marginal note:Regulations and orders of general application

• 119 (1) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to all railway companies,

  continues to have effect as if it were a regulation made by the Governor in Council under this Act until it is revoked by an order of the Governor in Council under subsection (5).

• Marginal note:Regulations — retroactive validation

  (1.1) Each of the following regulations is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5):

  • (a) Ammonium Nitrate Storage Facilities Regulations;

  • (b) Anhydrous Ammonia Bulk Storage Regulations;

  • (c) Chlorine Tank Car Unloading Facilities Regulations;

  • (d) Flammable Liquids Bulk Storage Regulations;

  • (e) Heating and Power Boilers Regulations;

  • (f) Liquefied Petroleum Gases Bulk Storage Regulations;

  • (g) Railway Safety Appliance Standards Regulations;

  • (h) Height of Wires of Telegraph and Telephone Lines Regulations;

  • (i) Joint Use of Poles Regulations;

  • (j) Wire Crossings and Proximities Regulations;

  • (k) Handling of Carloads of Explosives on Railway Trackage Regulations;

  • (l) Railway Prevention of Electric Sparks Regulations; and

  • (m) Service Equipment Cars Regulations.

• Marginal note:Regulations deemed made

  (1.2) Each of the following regulations is deemed to have been made by the Governor in Council under this Act and may be repealed by an order of the Governor in Council under subsection (5):

  • (a) Algoma Central Railway Traffic Rules and Regulations;

  • (b) Canadian National Railway Passenger Train Travel Rules and Regulations;

  • (c) Canadian Pacific Railway Traffic Rules and Regulations;

  • (d) Dominion Atlantic Railway Traffic Rules and Regulations;

  • (e) Grand River Railway Traffic Rules and Regulations;

  • (f) Lake Erie and Northern Railway Traffic Rules and Regulations;

  • (g) Quebec Central Railway Traffic Rules and Regulations;

  • (h) Railway Abandonment Regulations;

  • (i) Specification 112 and 114 Tank Cars Regulations;

  • (j) Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations; and

  • (k) Railway Hygiene Regulations.

• Marginal note:Regulations and orders applying to particular companies

  (2) Every regulation or order made by the Commission under section 230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that

  • (a) was in force on that day and has not been revoked, and

  • (b) applies to a particular railway company or particular railway companies,

  continues to have effect as if it were an order made by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Regulations related to safety

  (2.1) Every regulation relating to railway safety that was made by the Commission under the Railway Act, other than a regulation referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were a regulation that was made by the Governor in Council under this Act, until it is repealed by an order of the Governor in Council under subsection (5).

• Marginal note:Orders related to safety

  (2.2) Every order relating to railway safety that was made by the Commission under the Railway Act, other than an order referred to in subsection (2) that relates to railway safety, as that Act read from time to time before July 1, 1996, that applies in respect of a particular railway company or to particular railway companies and that has not been repealed by the Commission is deemed to have had effect from the day on which it was made and continues to have effect from that day as if it were an order that was made by the Minister under this Act, until it is repealed by an order of the Minister under subsection (5).

• Marginal note:References to Commission or Agency

  (3) In any regulation or order mentioned in any of subsections (1) to (2.2), a reference to the Canadian Transport Commission or the Agency, or to any officer of those bodies, shall be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with any modifications that the circumstances require.

• Marginal note:By-laws

  (4) Every by-law made by a company pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the Minister under this Act, until it is revoked by an order of the Minister under subsection (5).

• Marginal note:Power to repeal

  (5) The Governor in Council may by order repeal a regulation or order referred to in any of subsections (1) to (1.2) or in subsection (2.1), and the Minister may by order repeal a regulation or order referred to in subsection (2) or (2.2) or a by-law referred to in subsection (4).

Transitional Provisions Relating to Repeal of Parts II and III of the Railway Relocation and Crossing Act

Marginal note:Balance of Part II appropriation

• 120 (1) Any amount that, before the coming into force of this section, had been appropriated for the purpose of enabling the Minister to make grants under Part II of the Railway Relocation and Crossing Act but had not been authorized by the Minister to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 13 of this Act.

• Marginal note:Balance of Part III appropriation

  (2) Any amount that, before the coming into force of this section, had been appropriated for the purpose of making grants under Part III of the Railway Relocation and Crossing Act but had not been authorized pursuant to that Part to be so granted shall, after the coming into force of this section, be deemed to have been appropriated for the purpose of making grants under section 12 of this Act.

• Marginal note:Outstanding grant applications

  (3) Any application for a grant in respect of a proposed railway work that, before the coming into force of this section, had been made under Part II or III of the Railway Relocation and Crossing Act but had not been dealt with under that Act may, at the request of the party who made the application and with the consent of the Minister, be treated as if it were an application duly filed in accordance with the requirements of section 12 or 13 of this Act, and may be dealt with accordingly by the Minister.

121 [Repealed, 1996, c. 10, s. 268]

Coming into Force

Marginal note:Coming into force

Footnote ^*122 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 1, 3, 4, 7 and 8, subsection 11(2), sections 18 and 19, subsection 24(1) and sections 36, 37, 45 to 48 and 50 in force October 8, 1988, see SI/88-202; sections 2, 5, 6, 9 and 10, subsections 11(1) and (3), sections 12 to 17, 20 to 23, subsection 24(2) and sections 25 to 35, 38 to 44, 49, 51 to 90, 92 and 94 to 121 in force January 1, 1989, see SI/88-244; sections 91 and 93 in force October 1, 1995, see SI/95-109.]