Railway Safety Act

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

  • (a) the construction of the railway work was undertaken in accordance with the law in force at the time; and

  • (b) using the railway equipment or following or not following the maintenance or operating practice is in accordance with this Act or any regulations or rules made under it.

• Marginal note:Duration

  (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.