Railway Safety Act

Marginal note:Contravention of provision of Act

• 41 (1) Every person who contravenes a provision of this Act is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of a corporation, to a fine not exceeding one million dollars, and

    • (ii) in the case of an individual, to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

  • (b) on summary conviction,

    • (i) in the case of a corporation, to a fine not exceeding five hundred thousand dollars, and

    • (ii) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both.

• 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, 17.95, 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 subsection 36(1).

• Marginal note:Punishment

  (2.1) A person who is guilty of an offence under subsection (2) is liable on summary conviction

  • (a) in the case of a corporation, to a fine of not more than one million dollars; and

  • (b) in the case of an individual, to a fine of not more than fifty thousand dollars or to imprisonment for a term of not more than six months, or to both.

• 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.

• Marginal note:Venue

  (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.