Railway Safety Act

Marginal note:Exemption by order in council

• 22 (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

  • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

  • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

• Marginal note:Exemption by Minister

  (2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,

  • (a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

  • (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

• Marginal note:Sending of notices

  (3) A notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.

• Marginal note:Application

  (4) A company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.

• Marginal note:Company to consult

  (5) A company may not apply for an exemption under subsection (4) unless it has first given

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

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

  a reasonable opportunity during a period of sixty days to consult with it, except that it may apply for the exemption before the end of those sixty days if it has received comments from all those associations and organizations or from that railway company, as the case may be.

• Marginal note:Copy of comments

  (6) The company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.

• Marginal note:Period for granting application

  (7) The Minister may grant the application within sixty days after receiving it if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations. The Minister may extend the time for granting the application for an additional period of up to sixty days.