Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

Marginal note:Grants for construction or alteration of grade separations

• 13 (1) Where a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Time for applying for grant

  (2) The proponent may apply for a grant under this section only if

  • (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

  • (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

• Marginal note:Minister may authorize making of grant

  (3) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.

• Marginal note:Terms and conditions of grant

  (4) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

• Marginal note:Maximum grant level

  (5) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

• Definition of grade separation

  (6) In this section, grade separation means structures necessary to provide for

  • (a) the passage of a public road under or over a line of railway; or

  • (b) the passage of a line of railway under or over a public road.

Marginal note:Grants for programs, studies, projects and works

• 14 (1) Where the Minister is satisfied that

  • (a) a program or study related to education or research,

  • (b) a project relating to the design, demonstration or evaluation of railway works or railway equipment, or

  • (c) the construction of a work, other than

    • (i) a railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway,

    • (ii) a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, or

    • (iii) a railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6),

    is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work.

• Marginal note:Terms and conditions of grant

  (2) In authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.

Marginal note:Appropriation for grants

15 Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.

Marginal note:Reference to Agency

• 16 (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

• Marginal note:Manner of reference

  (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice.

• Marginal note:Agency to apportion expenditure

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.

• Marginal note:Limitation

  (4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

• Marginal note:Regulations

  (5) The Agency may, with the approval of the Governor in Council, make regulations

  • (a) prescribing the form of the notice for a reference under this section; and

  • (b) prescribing the information to accompany that notice.

• Marginal note:Regulations – exemption

  (5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

• Marginal note:Clarification

  (5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.

• Extended meaning of railway work

  (6) In this section, railway work includes the relocation of any portion of a public road.

• Marginal note:Interpretation

  (7) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Marginal note:Minister may simultaneously consider requests for grant and for section 10 approval

• 17 (1) Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.

• (2) [Repealed, 1999, c. 9, s. 11]

PART IIOperation and Maintenance of Railway Works and Equipment

Prohibitions

Marginal note:Requirement for certificate

• 17.1 (1) No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.

• Marginal note:Crossing maintenance

  (2) Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.

Marginal note:Compliance with certificate, regulations and rules

17.2 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.

Marginal note:Compliance with engineering standards

17.21 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

Marginal note:Crossing works

17.3 No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.

Marginal note:Recording instruments

• 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

  • (a) the railway equipment is fitted with the prescribed recording instruments; and

  • (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.

• Marginal note:Use or communication

  (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.

• Marginal note:Prevention of recording, collection or preservation

  (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.

Railway Operating Certificate

Marginal note:Issuance of certificate

• 17.4 (1) The Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.

• Marginal note:Terms and conditions

  (2) A railway operating certificate may contain any terms and conditions that the Minister considers appropriate.

• Marginal note:Variation

  (3) The Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.

• Marginal note:Time limit

  (4) A decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.

• Marginal note:Suspension or cancellation

  (5) The Minister may suspend or cancel a company’s railway operating certificate if the company has

  • (a) ceased to meet any of the prescribed conditions for obtaining the certificate;

  • (b) contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; or

  • (c) requested its suspension or cancellation.

Marginal note:Notice of decision

• 17.5 (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).

• Marginal note:Contents of notice

  (2) The notice of decision shall specify

  • (a) the grounds of the Minister’s decision; and

  • (b) the address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.

• Marginal note:Effective date of decision

  (3) The effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.

Marginal note:Request for review

• 17.6 (1) A person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.

• Marginal note:Effect of request

  (2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Time and place for review

• 17.7 (1) On receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (4) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.