Railway Safety Act

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  • (a) was in force on that day and has not been revoked, and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 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  • (a) was in force on that day and has not been revoked, and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:References to Commission or Agency

  (3) In any regulation or order mentioned in subsection (1) or (2), a reference to the Canadian Transport Commission or the National Transportation Agency, or to any officer of those bodies, shall, after the coming into force of this section, be read as a reference to the Minister, and section 45 applies in respect of that regulation or order, with such modifications as 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pursuant to section 233 of the Railway Act as it read on December 31, 1988 that was in force on that day and has not been revoked continues to have effect, in so far as it relates to the safety of railway operations, as if it were a rule formulated by the company and approved by the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 revoke

  (5) The Governor in Council may by order revoke a regulation or order that was continued by subsection (1) of this section, and the Minister may by order revoke a regulation, order or by-law that was continued by subsection (2) or (4), respectively, of this section.