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

Power of Railway Companies on Adjoining Lands

Marginal note:Entry onto land adjoining line of railway

• 25 (1) For the purpose of preventing a threat to safe railway operations on a line of railway or restoring safe railway operations on a line of railway, a railway company may enter onto any land adjoining the land on which the line of railway is situated

  • (a) at any time, in order to maintain or alter railway works or remove obstructions to them, if no other access to the line of railway is reasonably available, and remain on the land for as long as is necessary to accomplish that purpose;

  • (b) at any time, in order to deal with any fire occurring on either of those lands;

  • (c) at any reasonable time, on giving notice in writing of its intention to do so to the owner of the adjoining land, in order to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e); or

  • (d) at any time between November 1 and March 31, in order to install or maintain a snow fence.

• Marginal note:Power of road authority to enter land adjoining line of railway

  (1.1) For the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e), if the road authority gives notice in writing to the owner of the land of its intention to do so.

• Marginal note:Removal of snow fences

  (2) A railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.

• Marginal note:Compensation

  (3) If the owner, lessee or occupier of adjoining land suffers a loss because of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person any compensation in respect of that loss that they may agree on or, failing an agreement, that is determined under section 26, but the payment of compensation is not a condition precedent to the exercise of the power.

Powers of Agency

Marginal note:Reference to Agency

• 26 (1) Where the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act, refer the matter to the Agency for a determination.

• 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 as is prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, in its discretion, by notice given to the person referring a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to the compensation claimed as the Agency specifies in the notice.

• Marginal note:Agency to determine compensation

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall determine the amount of compensation to be paid by the railway company to the owner, lessee or occupier in question.

• 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:Interpretation

  (6) 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.

Access to Line Works Prohibited

Marginal note:No access to line works

26.1 No person shall, without lawful excuse, enter on land on which a line work is situated.

Marginal note:Road users to give way

26.2 The users of a road shall give way to railway equipment at a road crossing if adequate warning of its approach is given.

PART IVAdministration and Enforcement

Railway Safety Inspectors and Screening Officers

Marginal note:Designation

• 27 (1) The Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.

• Marginal note:Exercise of powers and duties

  (1.1) When carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.

• Marginal note:Inspector to show certificate

  (2) A railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof.

• Marginal note:Evidence in civil suits precluded

  (3) No railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister.

• Marginal note:Inspector not personally liable

  (4) A railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act.

Marginal note:Refusal to designate etc.

• 27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.

• Marginal note:Suspension or cancellation of designation for offences

  (2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.

• Marginal note:Suspension of designation for immediate threat

  (3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.

Marginal note:Notice

• 27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.

• Marginal note:Contents of notice

  (2) A notice under subsection (1) shall include

  • (a) the grounds for 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 suspension or cancellation

  (3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than

  • (a) in the case of a decision made under subsection 27.1(1) or (3), the day that the notice was received by the person; and

  • (b) in the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent.

Marginal note:Request for review

• 27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file 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 of the Minister does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person affected by a decision made under subsection 27.1(2), 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, unless he or she is of the opinion that granting a stay would constitute a threat to railway security.

Marginal note:Time and place for review

• 27.4 (1) On receipt of a request filed under subsection 27.3(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:Person not compelled to testify

  (3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.

• Marginal note:Determination

  (4) The member may

  • (a) in the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination.

Marginal note:Right of appeal

• 27.5 (1) Within thirty days after the determination,

  • (a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or

  • (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear the appeal may

  • (a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

  • (b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

Marginal note:Decision to remain in effect pending reconsideration

27.6 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.