PART IVAdministration and Enforcement (continued)
Administrative Monetary Penalties (continued)
Marginal note:Registration of certificate
40.21 (1) On production in any superior court, a certificate issued under section 40.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.
Marginal note:Recovery of costs and charges
(2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).
Marginal note:Amounts received deemed public moneys
- 2012, c. 7, s. 31
Marginal note:Time limit for proceedings
40.22 Proceedings in respect of a violation may not be instituted later than 12 months after the time when the subject matter of the proceedings arose.
- 2012, c. 7, s. 31
Marginal note:Contravention of provision of Act
(a) on conviction on indictment,
(b) on summary conviction,
Marginal note:Contravention of regulations, orders, etc.
(2) A person is guilty of an offence if the person contravenes
(a) a regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1;
(b) an order made by the Minister under subsection 7(2) or 19(1), section 32 or 32.01 or contained in a notice sent by a railway safety inspector under section 31;
(b.1) an engineering standard;
(c) a requirement made by the Agency under subsection 16(3) or 26(3);
(d) a rule in force under section 19 or 20;
(e) an emergency directive made by the Minister under section 33;
(f) a requirement under subsection 39.1(2) to carry out a security measure;
(g) a railway operating certificate issued under section 17.4; or
(h) an order made under section 36.
(2.1) A person who is guilty of an offence under subsection (2) is liable on summary conviction
Marginal note:Continuing offences
(3) If a person commits a contravention described in subsection (1) or (2) that occurs on more than one day, or is continued for more than one day, the person is deemed to have committed a separate offence for each day on which it occurs or is continued.
(3.1) Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.
Marginal note:Joinder of complaints
(3.2) The judge who hears, tries or determines the complaint or information may, at the request of the accused, join it with others of the same type against the accused, even if the matter of the complaints or informations did not arise in the same territorial jurisdiction, and hear them under the same procedure.
Marginal note:Limitation period
(4) A prosecution by way of summary conviction under this section may be instituted at any time within, but not after, two years after the time when the subject-matter of the prosecution arose.
Marginal note:Recovery of fines
(5) Where a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, the conviction shall, on production in a superior court of the province in which the trial was held, be registered in the court and, when registered, has the same force and effect, and all proceedings may be taken thereon, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.
Marginal note:Recovery of costs and charges
(6) All reasonable costs and charges attendant on the registration of the conviction are recoverable in like manner as if they had been registered as part of the conviction.
Marginal note:Admissibility of evidence
(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.
- R.S., 1985, c. 32 (4th Supp.), s. 41
- 1999, c. 9, s. 31
- 2008, c. 6, s. 60
- 2012, c. 7, s. 32
- 2015, c. 31, s. 32
- 2018, c. 21, s. 46
Marginal note:Offence by employee or agent
42 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Marginal note:Officers, etc., of corporation
43 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
PART IV.1Police Constables
44 (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.
(2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.
(3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.
Marginal note:Power to take persons before a court
(4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.
Marginal note:Court’s jurisdiction
(5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.
Marginal note:Dismissal or discharge of police constable
(6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.
- R.S., 1985, c. 32 (4th Supp.), s. 44
- 1999, c. 9, s. 32
- 2007, c. 19, s. 54
- 2012, c. 7, s. 33(F)
- Date modified: