Railway Safety Act

Marginal note:Use of whistles

• 23.1 (1) No person shall use the whistle on any railway equipment in an area within a municipality if

  • (a) the area meets the requirements prescribed for the purposes of this section; and

  • (b) the government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution,

    • (i) consulted the railway company that operates the relevant line of railway,

    • (ii) notified each relevant association or organization, and

    • (iii) given public notice of its intention to pass the resolution.

• Marginal note:Ministerial decision

  (2) The Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final.

• Marginal note:Exceptions

  (3) Despite subsection (1), the whistle may be used if

  • (a) there is an emergency;

  • (b) any rules in force under section 19 or 20 require its use; or

  • (c) a railway safety inspector orders its use under section 31.