Railway Safety Act

Marginal note:Other exemptions

• 22.1 (1) A company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption from the application of any provision of standards formulated under section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under section 19 or 20 for a period of up to six months.

• Marginal note:Notice

  (2) A notice under subsection (1) shall be filed with the Minister and

  • (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; or

  • (b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.

• Marginal note:Objections

  (3) Each of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.

• Marginal note:Minister’s decision

  (4) The Minister may

  • (a) within twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;

  • (b) within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; or

  • (c) within thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.

• Marginal note:Effective date

  (5) An exemption is effective if

  • (a) the company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;

  • (b) no objections are confirmed by the Minister under paragraph (4)(a);

  • (c) the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; or

  • (d) the Minister does not deny the exemption under paragraph (4)(c).