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R.S. 1985 c. R-4.2
RAILWAY SAFETY ACT
An Act to ensure the safe operation of railways
and to amend certain other Acts in consequence thereof
SHORT TITLE
Short title
1. This Act may be cited as the Railway Safety Act.
APPLICATION OF ACT
Binding on Her Majesty
2. (1) This Act is binding on Her Majesty in right of Canada or a
province.
Application generally
(2) This Act applies in respect of transport by railways to which Part III of the
Canada Transportation Act applies.
Objectives
3. The objectives of this Act are to
(a) promote and provide for the safety of the public and personnel, and the protection
of property and the environment, in the operation of railways;
(b) encourage the collaboration and participation of interested parties in improving
railway safety;
(c) recognize the responsibility of railway companies in ensuring the safety of their
operations; and
(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the
continuing enhancement of railway safety.
Definitions
4. (1) In this Act,
"Agency"
«Office»
"Agency" means the Canadian Transportation Agency continued by section 7 of
the Canada Transportation Act;
"authorized screening"
« contrôle »
"authorized screening" means anything authorized or required to be done under
the regulations or a security document for the control, observation, inspection and search
of persons or goods to prevent the unauthorized possession or carriage of weapons,
explosives and incendiaries on railway works and railway equipment;
"crossing work"
«ouvrage de franchissement»
"crossing work" means a road crossing or a utility crossing;
"engineering standards"
«normes techniques»
"engineering standards" means engineering standards established pursuant to
section 7;
"goods"
« biens »
"goods" means, except in the definition ``utility line'', anything that may
be taken or placed on board railway equipment as freight, baggage or personal belongings;
"line work"
«ligne de chemin de fer»
"line work" means
(a) a line of railway, including any structure supporting or protecting that line of
railway or providing for drainage thereof,
(b) a system of switches, signals or other like devices that facilitates railway
operations, or
(c) any other structure built across, beside, under or over a line of railway, that
facilitates railway operations, but does not include a crossing work;
"Minister"
«ministre»
"Minister" means the Minister of Transport;
"person"
«personne»
"person" includes a government of a municipality and a road authority;
"prescribed"
Version anglaise seulement
"prescribed" means prescribed by regulations;
"proponent"
« promoteur »
"proponent", in relation to a railway work, means the person who proposes, or
has proposed, the construction or alteration of the railway work, whether voluntarily or
because of a requirement imposed by or under another Act;
"railway equipment"
«matériel ferroviaire» ou «train»
"railway equipment" means
(a) a machine that is constructed for movement exclusively on lines of railway, whether
or not the machine is capable of independent motion, or
(b) a vehicle that is constructed for movement both on and off lines of railway while
the adaptations of that vehicle for movement on lines of railway are in use;
"railway work"
«installations ferroviaires»
"railway work" means a line work or any part thereof, a crossing work or any
part thereof, or any combination of the foregoing;
"relevant association or organization "
«organisation intéressée»
"relevant association or organization", in relation to a railway company,
means an association or organization that has been formed to represent the interests of
(a) persons employed by the railways company, or
(b) persons owing or leasing railway equipment that is used on lines of railway
operated by that railway company and that is declared by order of the Minister to be a
relevant association or organization in relation to that railway company;
"restricted area"
« zone réglementée »
"restricted area" means an area that is established under the regulations or
a security document and to which access is restricted to authorized persons;
"road"
«route»
"road means any way or course, whether public or not, available for vehicular or
pedestrian use;
"road authority"
« autorité responsable d'un service de voirie »
"road authority" means a public authority having legal authority to open and
maintain roads;
"road crossing"
«franchissement routier»
"road crossing" means that part of a road that passes across, over or under a
line of railway, and includes any structure supporting or protecting that part of that
road or facilitating the crossing;
"safety management system"
« système de gestion de la sécurité »
"safety management system" means a formal framework for integrating safety
into day-to-day railway operations and includes safety goals and performance targets, risk
assessments, responsibilities and authorities, rules and procedures, and monitoring and
evaluation processes;
"screening officer"
« agent de contrôle »
"screening officer" means a person designated by the Minister under
subsection 27(1) as a screening officer for the purposes of this Act;
"security document"
« texte relatif à la sûreté du transport ferroviaire »
"security document" means any of the following documents:
(a) a rule approved or proposed for approval under section 19 or 20 that relates to
security,
(b) an order made under subsection 31(3) that relates to security,
(c) an emergency directive made under section 33 that relates to security, and
(d) a security measure formulated under subsection 39.1(1);
"superior court"
«cour supérieure»
"superior court" means
(a) in the Province of Ontario, the Ontario Court (General Division),
(a.1) in the Provinces of Prince Edward Island and Newfoundland, the trial division of
the Supreme Court of the Province,
(b) in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the
Province,
(c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of
Queen's Bench for the Province,
(d) in the Province of Quebec, the Superior Court of the Province, and
(e) in the Yukon and the Northwest Territories, the Supreme Court, and in
Nunavut, the Nunavut Court of Justice;
‘‘Tribunal’’
« Tribunal »
‘‘Tribunal’’
‘‘Tribunal’’ means the Transportation Appeal Tribunal of Canada established by
subsection 2(1) of the Transportation Appeal Tribunal of Canada Act;
"utility crossing"
«franchissement par desserte»
"utility crossing" means that part of a utility line that passes over or
under a line of railway, and includes any structure supporting or protecting that part of
that utility line or facilitating the crossing;
"utility line"
«desserte»
"utility line" means any wire, cable, pipeline or other like means of
enabling the transmission of goods or energy or the provision of services.
Other words and expressions
(2) Unless otherwise provided, words and expressions used in this Act have the same
meaning as in Part III of the Canada Transportation Act.
References to proposed railway works
(3) A reference in this Act to a proposed railway work shall be construed, in a case
where a person proposes to alter an existing railway work, as meaning the railway work as
proposed to be so altered.
Safe railways operations,etc.
(4) In determining, for the purpose of this Act, whether railway operations are safe
railway operations, or whether an act or thing constitutes a threat to safe railway
operations or enhances the safety of railway operations, regard shall be had not only to
the safety of persons and property transported by railways but also to the safety of other
persons and other property.
Threats and immediate threats
(4.1) For the purposes of this Act, a threat is a hazard or condition that could
reasonably be expected to develop into a situation in which a person could be injured or
made to be ill or damage could be caused to the environment or property, and a threat is
immediate if such a situation already exists.
Manner of filing or sending notices and documents
(5) With the exception of a notice or document sent to or by the Tribunal, for the
purposes of this Act, a notice or document must be filed with, or sent to, a person
(a) in the case of an individual,
(i) by personal service, or
(ii) by mailing it by registered mail to the person's latest known address;
(b) in the case of a body of other than an individual, by mailing it by registered mail
to the head office or any prescribed office of that body; or
(c) in either case, by any other means approved in writing by the Minister and subject
to any conditions fixed by the Minister.
RELATIONSHIP TO NAVIGABLE
WATERS PROTECTION ACT
Compliance with Navigable Waters Protection Act
5. Where a person proposes to construct or alter a railway work in,
on, over, under, through or across any navigable water within the meaning of the
Navigable
Waters Protection Act, the requirements imposed by or under this Act apply in addition to,
and not in substitution for, the requirements imposed by or under the Navigable Waters
Protection Act.
COORDINATION AGREEMENTS
Coordination agreements between Department
of Transport and Agency
6. The Minister may enter into agreements with the Agency
(a) providing for the coordination of the activities of the Department of Transport and
the Agency relating to the construction, alteration, operation, or maintenance of railway
works and railway equipment, and
(b) providing for procedures to be followed by the Department and the Agency in the
event that conflicting interests arise between them during their activities with respect
to such matters, and the Minister may, in consultation with the Agency, take such action as
is necessary to ensure that the terms of any such agreement are disclosed to any railway
company or other person likely to be affected by the agreement.
CONSTRUCTION OR ALTERATION
OF
RAILWAY WORKS
Standards
Regulations
7. (1) The Governor in Council may make regulations respecting
engineering standards governing the construction or alteration of railway works, and such
engineering standards may embrace both physical specifications and performance standards.
Railway company required to formulate standards
(2) The Minister may, by order, require a railway company
(a) to formulate engineering standards governing any matters referred to in subsection
(1) that are specified in the order or to revise its engineering standards governing those
matters; and
(b) within a period specified in the order, to file the formulated or revised standards
with the Minister for approval.
Formulation or revision of standards
(2.1) A railway company shall file with the Minister for approval any engineering
standards in respect of any matter referred to in subsection (1) that it proposes to
formulate or revise on its own initiative.
Application of certain provisions
(3) Subsections 19(4) to (11) apply in relation to standards referred to in subsection
(2) or (2.1), with any modifications that the circumstances require and without regard to
the references to relevant associations or organizations.
Construction of Road Crossings
Regulations
7.1 The Governor in Council may make regulations
regulating or prohibiting the construction of road crossings.
Notice of Certain Proposed Railway Works
Notice of certain proposed railway works
8. (1) If a proposed railway work is of a prescribed kind, the
proponent shall not undertake the work unless it has first given notice of the work in
accordance with the regulations. However, it may undertake the work if all persons to whom
the notice was given file with the proponent a response indicating that they do not object
to the work.
Filing of objections
(2) A person to whom a notice is given under subsection (1) may file with the proponent
an objection to the proposed railway work if the person considers that the proposed
railway work would prejudice their safety or the safety of their property. The objection
must include reasons and be filed before the expiry of the period specified in the notice
for the filing of objections, and a copy of it must be filed without delay with the
Minister.
Withdrawal of objection
(3) A person who has filed an objection under subsection (2) and subsequently wishes to
withdraw that objection shall so notify the proponent and the Minister, and the objection
shall be deemed to be withdrawn on receipt by the Minister of the notice.
Frivolous or vexatious objections
9. (1) Where the Minister is satisfied that an objection filed under
subsection 8(2) is frivolous or vexatious, the Minister may send a notice to that effect
to the person who filed the objection, and the objection shall thereupon be disregarded
for all purposes of this Act.
Proposing party to be notified
(2) The Minister shall send a copy of a notice under subsection (1) to the proponent.
Undertaking of Proposed Railway Works
Railway works for which Ministerial approval required
10. (1) Where
(a) a proposed railway work departs from any applicable engineering standards, or
(b) a proposed railway work is one in respect of which notice has been given under
subsection 8(1) and, at the expiration of the period specified in that notice for the
filing of objections, there is an outstanding objection,
the proponent shall not undertake that work otherwise than in accordance
with the terms of the Minister's approval given under this section pursuant to a written
request, filed with the Minister, for such approval.
Request for approval before end of notice period
(1.1) A request to the Minister for approval of a proposed railway work
under subsection (1) may be filed before the end of the period specified in the notice
given under subsection 8(1) if all persons to whom the notice was given have filed a
response with the proponent.
Withdrawal of objection
(1.2) A proposed railway work described in paragraph (1)(b) may be
undertaken without the Minister's approval if the outstanding objection is withdrawn.
Material to accompany request for Minister's approval
(2) A request to the Minister for approval of a proposed railway work pursuant to
subsection (1) must be accompanied
(a) in all cases, by a plan of the work to which the request relates, which plan must
include such drawings, specifications and other particulars as are prescribed;
(b) where paragraph (1)(a) applies, by a statement setting out the manner in which the
work departs from the applicable engineering standards and the reasons for such departure;
and
(c) where paragraph (1)(b) applies, by the response of the proponent to the outstanding
objections.
Consideration of requests for approval
(3) On receipt of a request for approval of a proposed railway work under this section,
the Minister shall, having regard to the material referred to in subsection (2) and any
other factors that the Minister deems relevant, consider whether the proposed railway is
consistent with safe railway operations and shall, before the expiration of the assessment
period,
(a) if satisfied that the work is consistent with the safe railway operations, notify
the proponent and any objecting party that the Minister approves the work, either
absolutely or on such terms as area specified in the notice; or
(b) if not satisfied that the work is consistent with safe railway operations, by
notice
(i) inform the proponent and any objecting party that the Minister refuses to approve
the work and of the reasons why the Minister is not so satisfied, or
(ii) direct the proponent to file with the Minister and any objecting party, within the
period specified in the notice, such further particulars relating to the work as are
specified in the notice.
Late approval
(4) Where a railway work has been undertaken without the required approval of the
Minister having first been given, the Minister may nevertheless approve the work in
accordance with this section.
Minister may seek advice
(5) The Minister may, in deciding whether to approve a proposed railway work, engage
any person or organization having expertise in matters of safe railway operations to
furnish advice to the Minister in relation to the matter.
Further particulars
(6) Where the proponent is directed to file further particulars pursuant to
subparagraph (3)(b)(ii) and
(a) fails to file the further particulars within the period referred to in that
subparagraph, it shall be deemed to have withdrawn its request to the Minister for
approval of the work; or
(b) files the further particulars within the period referred to in that subparagraph,
this Act shall thereupon have effect as if the request that the Minister approve the work
had been filed only at the time when the further particulars were filed.
Period for which approval in force
(7) The Minister's approval of a proposed railway work under this section does not
authorize the commencement of that work after the expiration of
(a) the period specified in the approval; or
(b) if the approval does not specify a period, one year after the approval is given.
Definition of "assessment period"
(8) In this section, "assessment period", in relation to a request that the
Minister approve a proposed railway work, means
(a) the period of sixty days commencing on the day on which the request is filed; or
(b) if, before the expiration of the period referred to in paragraph (a), the Minister
determines that, by reason of the complexity of the work to which the request relates, the
number of requests filed or any other reason, it is not feasible to consider the request
before the expiration of that period, and so notifies the proponent and any objecting
party, such period in excess of that period of sixty days as the Minister specifies in the
notices.
Period of inquiry not part of assessment period
(9) Where, pursuant to section 40, the Minister directs a person to conduct an inquiry
respecting a proposed railway work, the period commencing on the day when the Minister so
directs and ending on the day when the person reports back to the Minister pursuant to
section 40 shall be disregarded in computing the assessment period.
Engineering work
11. All the engineering work relating to railway works, including
design, construction, evaluation or alteration, shall be done in accordance with sound
engineering principles. A professional engineer shall take responsibility for the
engineering work.
Grants for Proposed Railway Works and Other
Undertakings Contributing to Safe Railway
Operations and to Public Safety at Road Crossings
Grants relating to crossings at grade
12. (1) Where a proposed railway work
(a) would improve the safety of a crossing at grade of a road and a line of railway, or
(b) would cause or permit, in the interest of safe railway operations, the abandonment
or relocation of a crossing at grade of a road and a line of railway,
and that crossing has been in existence for public use for at least three
years, the proponent may file as application with the Minister for a grant in respect of
that proposed railway work.
Idem
(2) Where a proposed railway work results, directly or indirectly, from an order of the
Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would
improve the safety of a crossing at grade of a road and a line of railway, the proponent
may file an application with the Minister for a grant in respect of that proposed railway
work.
Time for applying for grant
(3) 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.
Minister may authorize making of grant
(4) 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 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.
Terms and conditions of grant
(5) 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.
Maximum grant level
(6) 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.
Extended meaning of "railway work"
(7) In this section, "railway work" includes the relocation of any portion of
a public road.
Agreements for closing road crossings
12.1 (1) The Minister may enter into an agreement with a person who
has rights under Part III of the Canada Transportation Act, or otherwise,
relating to a road crossing to close the crossing in the interest of safe railway
operations.
Grants relating to closing crossings
(2) The agreement may provide for the making of a grant to the person by the Minister
and may contain any terms and conditions relating to the closure that the Minister deems
advisable. Once the agreement is made, the person's rights relating to the crossing are
extinguished.
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.
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.
Minister may authorize making of grant
(3) Where as 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Extended meaning of "railway work"
(6) In this section, "railway work" includes the relocation of any portion of
a public road.
Interpretation
(7) Notwithstanding this section, this Act is not be deemed to be administered in whole
or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.
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 for approval and the application for the
grant may be dealt with at the same time.
OPERATION AND MAINTENANCE
OF RAILWAY
WORKS AND EQUIPMENT
Regulations
Regulations
18. (1) The Governor in Council may make regulations
(a) respecting the operation or maintenance of line works, and the design,
construction, alteration, operation and maintenance of railway equipment, which
regulations may embrace, among other things, performance standards;
(b) declaring positions in railway companies to be critical to safe railway operations;
(c) respecting the following matters, in so far as they relate to safe railway
operations, in relation to persons employed in positions referred to in paragraph (b):
(i) the training of those persons, both before and after appointment to those
positions,
(ii) hours of work and rest periods to be observed by those persons,
(iii) minimum medical, including audiometric and optometric, standards to be met by
those persons,
(iv) the control or prohibition of the consumption of alcoholic beverages and the use
of drugs by those persons, and
(v)the establishment of support programs for those persons and standards applicable to
such programs; and
(d) respecting the establishment of a scheme for licensing persons employed in
positions referred to in paragraph (b), and prescribing the fees for the licences.
Regulations - crossing works
(2) The Governor in Council may make regulations respecting crossing works, including
regulations for requiring a railway company, road authority or other person who has rights
relating to a road crossing to conduct a safety review of the road crossing following an
accident of a type specified in the regulations.
Regulations - security
(2.1) The Governor in Council may make regulations respecting the security of railway
transportation.
Regulations to override rules
(3) If the Governor in Council at any time makes regulations respecting a matter
referred to in subsection (1) or (2.1) that are inconsistent with rules approved in
relation to a particular company by the Minister under section 19 or 20 in respect of that
matter, those rules are at that time revoked to the extent of the inconsistency.
Rules
Formulation or revision of rules
pursuant to ministerial order
19. (1) The Minister may, by order, require a railway
company
(a) to formulate rules respecting any matter referred to in subsection
18(1) or (2.1) or to revise its rules respecting that matter; and
(b) within a specified period, to file the formulated or revised rules
with the Minister for approval.
Railway company to consult
(2) A railway company shall not file rules with the Minister under
subsection (1) unless it has first given each relevant association or organization that is
likely to be affected by their implementation a reasonable opportunity during a period of
sixty days to consult with it on the rules.
Notice to accompany rules
(3) Where rules are filed with the Minister by a railway company pursuant to an order
under subsection (1) notwithstanding that a relevant association or organization objects,
on the grounds of safety, to the implementation of those rules, the railway company shall,
by notice filed with those rules, identify the association or organization and attach a
copy of the notice of objection.
Consideration of rules
(4) Where rules are filed with the Minister by a railway company pursuant to an order
under subsection (1), the Minister shall forthwith consider whether, in the Minister's
opinion and after having regard to current railway practice, to the views of the railway
company and the views of any relevant association or organization identified under
subsection (3) and to any other factor that the Minister considers relevant, those rules
are conducive to safe railway operations by the company, and, before the expiration of the
assessment period in relation to those rules,
(a) if the Minister is satisfied that the rules are conducive to those operations,
notify the company and each association or organization identified under subsection (3)
that the Minister approves those rules, either absolutely or on such terms and conditions
as are specified in the notice; or
(b) if the Minister is not satisfied that the rules are conducive to those operations,
notify the company and each association or organization identified under subsection (3)
that the Minister refuses to approve those rules and of the reasons why the Minister is
not so satisfied.
Request for amendment to terms and conditions
(4.1) A railway company referred to in subsection (4) may request the Minister to amend
any terms or conditions specified under that subsection. When making that request, the
company shall send a copy of the request to each relevant association or organization.
Amendments
(4.2) After receiving a request from a railway company under subsection (4.1), the
Minister may, on the basis of new information about the safety of the railway operations,
amend any terms or conditions specified under subsection (4). If the Minister amends any
of those terms or conditions, the Minister shall provide each relevant association or
organization with a copy of the amendments.
Minister may seek advice
(5) The Minister may, in deciding whether to approve rules filed by a railway company,
engage any person or organization having expertise in matters relating to safe railway
operations to furnish advice in relation to the matter.
Effective date of rules
(5.1) Rules approved by the Minister under subsection (4) come into force on a day
specified by the Minister, but if they replace any regulations, they may not come into
force earlier than the day on which the regulations are repealed.
Revision of rules
(6) Where a railway company files rules in respect of a matter pursuant to an order
under subsection (1) and the Minister notifies the company that the Minister refuses to
approve those rules,
(a) the company may, unless the minister indicates in that notice an intention to
establish rules in respect of that matter under subsection (7), formulate and file with
the Minister for approval further rules in respect of that matter as if the order made
pursuant to subsection (1) in respect of that matter had been made on the date of receipt
by the company of the notice of refusal; and
(b) the provisions of this section apply in relation to those further rules, with such
modifications as the circumstances require.
Failure to file rules
(7) Where
(a) a railway company fails to file rules pursuant to an order under subsection (1), or
(b) a railway company files rules pursuant to an order under section (1) but the
Minister refuses under subsection (4) to approve those rules,
the Minister may, by order, establish rules in respect of the matter in
relation to that company.
Consultation
(8) The Minister shall not, under this section, establish rules applying
to a particular railway company unless the Minister has
(a) given that company and each relevant association or organization a
reasonable opportunity during a period of sixty days to consult with the Minister on the
rules; and
(b) considered any objection, on the grounds of safety, to the
establishment of the rules that is made in the course of that consultation.
Rules established by Minister
(9) Rules established by the Minister under subsection (7) in relation to a railway
company have the same effect as if they had been formulated by the company and approved by
the Minister under section (4).
Definition of "assessment period"
(10) In this section,"assessment period", in relation to rules filed with the
Minister under this section, means
(a) the period of sixty days commencing on the day on which the rules are filed; or
(b) if, before the expiration of the period mentioned in paragraph (a), the Minister
determines that, by reason of the complexity of the rules, the number of rules filed or
any other reason, it will not be feasible to consider the rules before the expiration of
that period, the rules before the expiration of that period, and so notifies the railway
company concerned, such period in excess of that period of sixty days as the Minister
specifies in the notice.
Period of inquiry not part of assessment period
(11) Where, pursuant to section 40, the Minister directs persons to conduct an inquiry
respecting proposed rules, the period commencing on the day when the Minister so directs
and ending on the day when the persons report back to the Minister pursuant to section 40
shall be disregarded in computing the assessment period.
Formulation or revision of rules
20. (1) A railway company shall file with the Minister for approval
any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it
proposes to formulate or revise on its own initiative.
Consultation
(2) A railway company shall not file rules with the Minister under subsection (1)
unless it has first given each relevant association or organization that is likely to be
affected by their implementation a reasonable opportunity during a period of sixty days to
consult with it concerning the rules.
Rules to be accompanied by notice
(3) Rules filed with the Minister by a railway company pursuant to subsection (1) shall
be accompanied by a notice
(a) setting out the reasons why the railway company proposes to formulate or revise the
rules; and
(b) if a relevant association or organization objects, on the grounds of safety, to the
implementation of those rules, identifying the association or organization and attaching a
copy of the notice of objection.
Application of certain provisions
(4) Subsections 19(4) to (5.1), (10) and (11) apply in relation to the
filing and consideration of rules filed with the Minister under subsection (1) as if the
rules had been duly filed in compliance with an order made under subsection 19(1).
Miscellaneous Provisions Relating to
Regulations and Rules under this Part
Uniformity of rules
21. In establishing, under section 19 or 20, rules applying to a
particular railway company or in deciding, under section 19 or 20, whether to approve
rules formulated or revised by, and applying to, a particular railway company, the
Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and
practicable to do so, ensure that those rules are uniform with rules dealing with a like
matter and applying to other railway companies.
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 railway 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).
Exemption by Minister
(2) The Minister may, by notice, on any terms and conditions that are specified in the
notice,
(a) exempt a specified railway 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)
if, in the opinion of the Minister, the exemption is in the public interest and is not
likely to threaten safe railway operations.
Sending of notices
(3) A notice under subsection (2) shall be sent to the railway company or person
exempted by the notice and takes effect on receipt by that company or person.
Application
(4) A railway 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.
Railway company to consult
(5) A railway company may not apply for an exemption under subsection (4) unless it has
first given each relevant association or organization 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
consulted with all those associations and organizations.
Copy of comments
(6) The railway company shall send with its application to the Minister a copy of all
comments received from relevant associations and organizations.
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.
Other exemptions
22.1 (1) A railway company that proposes to conduct
testing relating to rail transportation, or that requires an immediate exemption of short
duration, is exempt from the application of any provision of standards formulated under
section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under
section 19 or 20 during any period that the company considers necessary. However, the
exemption is effective only if the railway company files a notice of the exemption with
the Minister and each relevant association or organization that is likely to be affected
by the exemption and
(a) within twenty-one days after filing the notice, the company receives a
response from the Minister and each of those associations and organizations indicating
that they do not object to the exemption; or
(b) no objections are confirmed or made by the Minister under subsection
(3).
Objections
(2) Each of the relevant associations or organizations may object to the
exemption on the grounds of safety. The objection must be filed with the Minister and the
railway company within fourteen days after the notice referred to in subsection (1) is
filed.
Minister's decision
(3) The Minister may
(a) within seven days after the filing of an objection under subsection
(2), confirm the objection if the Minister decides that the exemption threatens safety; or
(b) within twenty-one days after receiving the notice under subsection
(1), object to the exemption if the Minister is of the opinion that the exemption is not
in the public interest or that it is likely to threaten safety.
Operation and Maintenance of Railway Works
to Accord with Regulations and Rules
Company not to operate or maintain a railway otherwise
than in accordance with regulations or rules
23. (1) Unless a railway company is exempted under
section 22 or 22.1 from the application of regulations made under section 18 or of rules
in force under section 19 or 20 that would otherwise apply to that company, the company
shall not operate or maintain railway works or railway equipment otherwise than in
accordance with those regulations or rules.
Person not to maintain crossing work other than in
accordance with regulations
(2) Unless the person responsible for the maintenance of a crossing work
is exempted under section 22 or 22.1 from the application of regulations made under
section 18 in relation to the maintenance of that crossing work, that person shall not
maintain that crossing work otherwise than in accordance with those regulations.
Audible Warnings
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.
Ministerial decision
(2) The Minister may decide whether the area meets the prescribed
requirements and the Minister's decision is final.
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.
NON-RAILWAY OPERATIONS
AFFECTING RAILWAY SAFETY
Regulations
Regulations
24. (1) The Governor in Council may make regulations
(a) respecting
(i) the control or prohibition of the construction or alteration, or
(ii) the control of the maintenance
of buildings and other structures, not being railway works, erected or proposed to be
erected above or below a line of railway, or on land adjoining the land on which the line
is situated, to the extent only that is necessary to prevent those buildings or structures
from constituting a threat to safe railway operations;
(b) respecting the control or prohibition of the construction, alteration or operation
of any mine or other works, not being railway works, constructed or proposed to be
constructed below or on land adjoining the land on which a line of railway is situated, to
the extent only that is necessary to prevent those mines or works from constituting a
threat to safe railway operations;
(c) respecting
(i) the control or prohibition of the construction or alteration, and
(ii) the control of the maintenance,
on land adjoining the land on which a line of railway is situated, of drainage systems
that would constitute a threat to safe railway operations;
(d) respecting the control or prohibition of the presence or storage, on land adjoining
the land on which a line of railway is situated, of specified materials;
(e) respecting
(i) the removal of anything, including trees or brush, that might, by obscuring clear
vision either of a road or of a line of railway, constitute a threat to safe railway
operations,
(ii) the removal of weeds that are on or along lines of railway, and
(iii) the use of alternatives to chemical pesticides under subparagraphs (i) and (ii);
(f) for restricting or preventing, by means of fences, signs or any other means, access
to the land on which a line of railway is situated by persons, other than servants or
agents of the railway company concerned, by vehicles, or by animals, where the presence of
persons, vehicles or animals on that land would constitute a threat to safe railway
operations;
(f.1) respecting the construction, alteration and maintenance of roads for the purpose
of ensuring safe railway operations;
(f.2) respecting the control of vehicular and pedestrian traffic on road approaches to
road crossings for the purpose of ensuring safe railway operations; and
(g) respecting the control or prohibition of any other activity, on land adjoining the
land on which a line of railway is situated, that could constitute a threat to safe
railway operations.
Exemption by Minister
(1.1) The Minister may, on any terms and conditions that the Minister considers
necessary, exempt any railway company or other person from the application of any
regulation made under subsection (1) if, in the opinion of the Minister, the exemption is
in the public interest and is not likely to threaten safety.
Compensation
(2) Where the owner, lessee or occupier of land adjoining the land on which a line of
railway is situated, the owner, lessee or occupier of any building or other structure
erected on that adjoining land, or the owner of any mine or other works operated on that
adjoining land, suffers a loss by reason of the operation of the regulations made under
this section, the railway company operating that line of railway shall pay to that person
such compensation in respect of that loss as is agreed to between the railway company and
that person or, failing such agreement, as is determined pursuant to section 26.
Power of Railway Companies on
Adjoining
Lands
Power of railway company to enter
land adjoining line of railway
25. (1) For the purpose of preventing a threat to safe
railway operations on a line of railway operated by a railway company, or for the purpose
of restoring safe railway operations on a line of railway operated by a railway company,
(a) the company may
(i) at any time, enter onto any land adjoining the land on which the line
of railway is situated for the purpose of maintaining or altering railway works or
removing obstructions to them if no other access to the line of railway is reasonably
available, and
(ii) remain on the land for as long as is necessary to accomplish that
purpose;
(b) the company may, at any time, enter onto any land adjoining the land
on which the line of railway is situated for the purpose of dealing with any fire
occurring on either of those lands;
(c) the company may, at any reasonable time, on giving notice in writing
of its intention to do so to the owner of any land adjoining the land on which the line of
railway is situated, enter onto that adjoining land 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) the company may, at any time between November 1 and March 31, enter
onto any land adjoining the land on which the line of railway is situated to install or
maintain a snow fence.
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.
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.
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
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.
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.
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.
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.
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.
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
No access to line works
26.1 No person shall, without lawful excuse, enter on land on which a
line work is situated.
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.
ADMINISTRATION AND ENFORCEMENT
Railway Safety Inspectors and Screening Officers
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, in the case of a railway safety inspector, the Minister shall designate
the matters in respect of which the person may exercise the powers of a railway safety
inspector.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Reconsideration
27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel
has, on an appeal under section 27.5, dismissed the appeal or if the Minister has,
after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension,
the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person
of the functions of a screening officer continues to constitute, or is likely to continue to
constitute, an immediate threat to railway security.
Procedure applicable
(2) On receipt of a request by a person under subsection (1), the Minister shall
without delay conduct the reconsideration and inform the person of his or her decision regarding the
request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that
are necessary.
Definition of ‘‘designation’’
27.8 For the purposes of sections 27.1 to 27.7, ‘‘designation’’ includes any privilege
accorded by a designation.
Inspector's powers
28. (1) A railway safety inspector may, at any time,
(a) for the purpose of ensuring compliance with this Act and with the regulations,
emergency directives, rules, orders and security measures made under this Act, enter any
place, other than a private dwelling-place, where activities are carried on that relate
directly or indirectly to the operation of a railway, including railway equipment, and
carry out any inspection that the inspector considers necessary in relation to the matters
designated by the Minister under section 27 in respect of which the inspector may exercise
the powers of a railway safety inspector;
(a.1) require any person appearing to be in charge of the place to produce any
document, regardless of physical form or characteristics, for inspection or for the
purpose of making copies or taking extracts;
(b) seize any property found in the course of that inspection on the railway work or in
the railway equipment that the inspector believes, on reasonable grounds, will afford
evidence with respect to an offence under this Act, and may submit that property to
reasonable tests; and
(c) require the attendance of persons whom the inspector deems relevant to the carrying
out of the inspector's functions, and may question those persons.
Idem
(2) Where a railway safety inspector believes, on reasonable grounds, that an offence
under this Act is being or has been committed at or in any place other then a railway work
or railway equipment and that evidence of that offence is likely to be found at that
place, the inspector may, if the offence relates to a matter for which the inspector is
designated, and subject to subsection (3),
(a) enter and search that place for evidence of that offence; and
(b) seize any property found in the course of the search that the inspector believes,
on reasonable grounds, will afford evidence with respect to that offence, and submit that
property to reasonable tests.
Conditions for exercise of powers under subsection (2)
(3) A railway safety inspector shall not exercise the powers referred to in subsection
(2) unless
(a) the person apparently in charge of the place consents to the entry and search;
(b) the powers are exercised in relation to that place under the authority of a
warrant; or
(c) by reason of exigent circumstances, it would not be practicable for the inspector
to obtain a warrant.
Forcible entry must be specifically authorized
(4) In executing a warrant, a railway safety inspector shall not use force unless the
inspector is accompanied by a peace officer and the use of force has been specifically
authorized in the warrant.
Seized property to be returned
29. (1) Any property seized by a railway safety inspector under
section 28 shall be returned to the person from whom the seizure was make or to any other
person who appears on reasonable grounds to be entitled thereto, after
(a) the provision of this Act or the regulations, the emergency directive, the rule or
the order in respect of the contravention of which the property was seized has, in the
opinion of the inspector, been complied with, or
(b) the expiration of a period of thirty days from the day of the seizure,
whichever first occurs, unless before that time proceedings are instituted
in respect of an offence under this Act in relation to the property seized, in which case
it may be detained until the proceedings are finally concluded.
Application for return of seized property
(2) Where proceeding referred to in subsection (1) have been instituted, a person from
whom property that is the subject-matter of the proceedings was seized, or any other
person who appears on reasonable grounds to be entitled to that property, may apply to the
court before which the proceedings were instituted for an order that the property be
returned to the applicant.
Court order
(3) Where the court is satisfied that
(a) sufficient evidence for the purposes of the proceedings exists or may be produced
without detaining the seized property, and
(b) no threat to safe railway operations would result from the release of the property,
the court may grant the application and order the return of the property
forthwith to the applicant, subject to any terms and conditions that appear necessary or
desirable to ensure that the property is safeguarded and preserved for any purposes for
which it may subsequently be required.
Where person convicted
(4) Seized property that is detained until the final conclusion of proceedings shall be
returned to the person from whom the seizure was made, or to any other person who appears
on reasonable grounds to be entitled thereto, unless that person has been convicted of an
offence under this Act, in which case the property may be detained until any fine imposed
on conviction has been paid, or sold under execution in satisfaction of the fine or any
part thereof.
Assistance to inspectors
30.(1) The owner or person in charge of any railway work, railway
equipment or other place, building or work inspected by a railway safety inspector
pursuant to section 28, and every person found therein or thereat, shall give the
inspector all reasonable assistance in that person's power to enable that inspector to
carry out the inspector's functions under this Act.
Obstruction of inspectors
(2) No person shall, while a railway safety inspector is carrying out the inspector's
functions under this Act,
(a) fail to comply with any reasonable request of the inspector;
(b) except with the authority of the inspector, remove, alter or interfere in any way
with any thing seized or removed by the inspector; or
(c) otherwise obstruct or hinder the inspector.
Orders Concerning Use of Railway
Works
or Equipment
Inspector may forbid or restrict use
of unsafe works or equipment
31.(1) Where a railway safety inspector is of the opinion that the
standard of construction or maintenance of a line work or railway equipment of a
particular railway company poses a threat to safe railway operations, the inspector
(a) shall, by notice sent to the company, inform the company of that opinion and of the
reasons therefor; and
(b) may, in the notice, if the inspector is satisfied that the threat is immediate,
order the company to ensure that the line work or railway equipment not be used, or not be
used otherwise than under terms and conditions specified in the notice, until the threat
is removed to the inspector's satisfaction.
Inspector may forbid or restrict use
of unsafe crossing work
(2) If a railway safety inspector is of the opinion that the standard of construction
or maintenance of a crossing work threatens safe railway operations, the inspector, by
notice sent to the person responsible for the maintenance of the crossing work and to the
railway company concerned,
(a) shall inform them of that opinion and of the reasons for it; and
(b) may, if the inspector is satisfied that the threat is immediate, order either of
them to ensure that the crossing work not be used, or not be used otherwise than under
terms and conditions specified in the notice, until the threat is removed to the
inspector's satisfaction.
Unsafe use of road crossing
(2.1) If a railway safety inspector is of the opinion that the method of operating a
vehicle over a road crossing threatens safe railway operations, the inspector, by notice
sent to the driver or operator of the vehicle,
(a) shall inform them of that opinion and of the reasons for it; and
(b) may, if the inspector is satisfied that the threat is immediate, order them to stop
using the road crossing or to use it only under terms and conditions specified in the
notice, until the threat is removed to the inspector's satisfaction.
Inspector may forbid operation of
certain works or equipment
(3) If a railway safety inspector is of the opinion that the operation of a line work
or railway equipment of a particular railway company threatens the safety or security of
railway operations, the inspector, by notice sent to the company or to any other person
who owns or leases the equipment,
(a) shall inform them of that opinion and of the reasons for it; and
(b) may, if the inspector is satisfied that the threat is immediate, order either of
them to ensure that the line work or railway equipment not be operated, or not be operated
otherwise than under terms and conditions specified in the notice, unless the work or
equipment is operated so as to remove the threat, to the inspector's satisfaction.
Limitation of inspector's powers
(4) For the purposes of subsection (1) or (2), a railway safety inspector shall not
determine that the standard of construction or maintenance poses a threat to safe railway
operations if that standard conforms to all applicable regulations, rules and emergency
directives.
Contents of notice
(4.1) A notice under subsections (1) to (3) that contains an order shall indicate
the address at which, and the date, being thirty days after the notice is sent, on
or before which, the recipient of the notice may file a request for a review of the
order of the railway safety inspector.
Minister to be informed of order
(5) If a notice sent under this section contains an order, the railway safety inspector
who sends it shall immediately inform the Minister of the order and the reasons for it.
Copies of certain notices to be served on supervisor
(6) If a notice sent to a railway company under this section contains an order, the
railway safety inspector who sent the notice shall send a copy of it
(a) to the railway company supervisor who is directly responsible for the works or
equipment concerned; or
(b) in the absence of that supervisor, to the railway company employee who, at that
time, is in charge of the works or equipment concerned.
Effect of order
(7) An order contained in a notice under this section has effect
(a) in the case of a railway company, when the company receives the notice or a railway
company supervisor or employee receives a copy of it, whichever occurs first; or
(b) in the case of another person, when they receive the notice.
Alteration and revocation of
orders by other inspectors
(8) An order made by a railway safety inspector under this section may be altered or
revoked by another railway safety inspector only if the inspector who made the order is
unable to act.
Reviewable order
(9) The alteration of an order under subsection (8) is an order that is reviewable
under sections 31.1 to 31.5.
When alteration or revocation effective
(10) An alteration or revocation of an order under this section has effect when the
railway company or other person to whom the original notice was sent receives a notice of
the alteration or revocation.
Request for review of order of railway safety inspector
31.1 (1) A person, including a railway company, who is sent a notice under section 31
that contains an order may, on or before the date specified in the notice or within any
further time that the Tribunal on application allows, file a written request for a review of
the order.
Time and place for review
(2) On receipt of a request filed under subsection (1), the Tribunal shall without
delay 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.
Review procedure
(3) 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.
Determination
(4) The member may confirm the order or refer the matter to the Minister for
consideration.
Right of appeal
31.2 (1) The person who requested the review under section 31.1 may, within
thirty days after the determination, appeal a determination made under subsection 31.1(4) to the
Tribunal.
Loss of right of appeal
(2) If the person does not appear at the review hearing, the person is not entitled
to appeal a determination unless they establish that there was sufficient reason
to justify their absence.
Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss
the appeal or refer the matter to the Minister for consideration.
No stay of order
31.3 An order of a railway safety inspector shall not be stayed pending a review
under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection
31.1(4) or 31.2(3).
Consideration by Minister
31.4 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or
if the Minister on his or her own initiative decides to review an order of a railway
safety inspector, the Minister may confirm the order, or may, by order, alter or
revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the
Federal Court or of any superior court under section 34.
When alteration or revocation effective
31.5 An alteration or revocation under section 31.4 has effect when the railway
company or other person to whom notice of the order under section 31 was sent receives
notice of the alteration or revocation.
Ministerial Orders
Orders concerning unauthorized or improperly
maintained works
32. (1) Where, in the opinion of the Minister,
(a) a railway work the construction of which began after the coming into force of this
section has not been constructed in accordance with the requirements imposed by or under
this Act,
(b) any railway work has not been altered in accordance with the requirements imposed
by or under this Act, or
(c) any railway work is not being, or has not been, maintained in accordance with the
requirements imposed by or under this Act, the Minister may
(d) by notice sent to the person responsible for the work, order the person to remove
or modify the work, and
(e) where a person fails to comply with an order made under paragraph (d), remove and
destroy the work concerned and sell, give away or otherwise dispose of the materials
contained in that work.
Costs
(2) Where the Minister removes, destroys or disposes of a railway work under paragraph
(1)(e), the costs of and incidental to doing so, after deducting there from any sum that
may be realized by sale or otherwise, are recoverable, with costs, in the name of Her
Majesty from the person who failed to remove or modify the work, whether or not
proceedings are instituted against that person for failing to comply with an order of the
Minister under this section.
Where regulations under section 24 contravened
(3) Where the Minister is of the opinion that a person has contravened a regulation
made under section 24, the Minister
(a) by notice sent to the person,
(i) shall inform the person of that opinion and of the reasons therefor, and
(ii) may, if the Minister believes that, by reason of that contravention, there exists
in respect of particular railway works an immediate threat to safe railway operations,
order the person to take such action as is necessary to remove the threat; and
(b) by notice sent to the railway company concerned,
(i) shall inform the company of that opinion and of the reasons therefor, and
(ii) may, if the Minister believes that, by reason of that contravention, there exists
an immediate threat to the safe railway operations of that company, order the company to
ensure that specified railway works or specified railway equipment not be used, or not be
used otherwise than under terms and conditions specified in the notice, until appropriate
action to remove the threat has, to the Minister's satisfaction, been taken by the person
referred to in paragraph (a).
Safety management system deficiencies
(3.1) If the Minister is of the opinion that the safety management system established
by a railway company has deficiencies that risk compromising railway safety, the Minister
may, by notice sent to the company, order the company to take the necessary corrective
measures.
Contents of notice
(4) An order contained in a notice under subsection (1), (3) or (3.1) takes effect
on the date of receipt of the notice. The notice shall indicate the address at which, and the date,
being thirty days after the notice is sent, on or before which, the recipient of the notice may
file a request for a review of the order.
Request for review
32.1 (1) A person, including a railway company, who is sent a notice under
section 32 that contains an order may, on or before the date specified in the notice or within any
further time that the Tribunal on application allows, file a written request for a review of
the order.
Time and place for review
(2) On receipt of a request filed under subsection (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. In the case of a request for
review of an order made under subsection 32(3), the Tribunal shall do so without
delay.
Review procedure
(3) 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.
Person not compelled to testify
(4) In a review of an order made under subsection 32(3), a person who the Minister is
of the opinion has contravened a regulation made under section 24 is not required, and
shall not be compelled, to give any evidence or testimony in the matter.
Determination
(5) The member may confirm the order or refer the matter back to the Minister
for reconsideration.
Right of appeal
32.2 (1) The person who requested the review under section 32.1 may, within
thirty days after the determination, appeal a determination made under subsection 32.1(5) to the
Tribunal.
Loss of right of appeal
(2) If the person does not appear at the review hearing, the person is not entitled
to appeal a determination unless they establish that there was sufficient reason
to justify their absence.
Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the
appeal or refer the matter back to the Minister for reconsideration.
Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1) or
(3.1) shall be stayed until the matter is finally disposed of in accordance with
section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) shall not be stayed pending a review
under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under
subsection 32.1(5) or 32.2(3).
Reconsideration by Minister
32.4 If a matter is referred back to the Minister under subsection 32.1(5) or
32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the
order. For greater certainty, the Minister’s order may be made an order of the
Federal Court or of any superior court under section 34.
When alteration or revocation effective
32.5 An alteration or revocation under section 32.4 has effect when the railway
company or other person to whom notice of the order under section 32 was sent receives
notice of the alteration or revocation.
Emergency Directives
Minister may send emergency directives
33. (1) If the Minister is of the opinion that there is
an immediate threat to safe railway operations or the security of rail transportation, the
Minister may, by emergency directive sent to a railway company, order it
(a) either absolutely or to the extent specified in the directive,
(i) to stop using the kind of railway works or railway equipment that
poses the threat, or
(ii) to stop following the maintenance or operating practice that poses
the threat; or
(b) to follow a maintenance or operating practice specified in the
directive if the threat is posed by the company's not following that practice.
Directive despite compliance with law
(1.1) The Minister may issue an emergency directive even though
(a) the construction of the railway work was undertaken in accordance with
the law in force at the time; and
(b) using the railway equipment or following or not following the
maintenance or operating practice is in accordance with this Act or any regulations or
rules made under it.
Duration
(2) An emergency directive has effect during such period, not exceeding six months, as
is specified in the directive.
Emergency directive to contain
statement
of reasons
(3) An emergency directive shall contain a statement of the Minister's reasons for
holding the opinion by reason of which the directive was given.
Minister may rescind emergency directives
(4) The Minister may, by notice sent to the railway company, rescind an emergency
directive, in which case the directive thereupon ceases to have effect.
Inconsistency between emergency directives, regulations, rules or orders
(5) In the event that, for any railway company, there is an inconsistency between an
emergency directive and a regulation made under subsection 18(1) or (2.1) or a rule in
force under section 19 or 20, the emergency directive prevails to the extent of the
inconsistency.
Minister may renew emergency directives
(6) The Minister may, before the expiration of the period during which an emergency
directive has effect, by notice sent to the railway company, renew the directive for a
further specified period commencing on the expiration of the previous period and not
exceeding six months and, where the Minister does so, this section, except this
subsection, applies to the directive as renewed.
Enforcement through Court
Enforcement through court
34. (1) An order or emergency directive
made by the Minister may be made an order
of the Federal Court or of any superior court,
and shall be enforced in the same manner as an
order of the court.
Orders of railway safety inspectors
(2) For the purpose of enabling an order contained in a notice served on a railway
company or person by a railway safety inspector to be enforced as an order of a court
under this section, the Minister may, by notice sent to that company or person, confirm
that order, and that order thereupon has effect as an order of the Minister.
Practice
(3) To make an order or emergency directive of the Minister an order of a court, the
usual practice and procedure of the court in such matters may be followed or, in lieu
thereof, the Minister may file with the registrar of the court a certified copy of the
order or directive and the order or directive thereupon becomes an order of the court.
Effect of revocation
(4) When an order or emergency directive of the Minister that has been made an order of
a court pursuant to this section is revoked by a subsequent order or directive of the
Minister, the order of the court shall be deemed to have been cancelled.
Option to enforce
(5) The Minister may, before or after an order or emergency directive is made an order
of a court pursuant to this section, enforce the order or directive by the Minister's own
action.
Medical Information
Medical examination
35. (1) A person who holds a position that is declared by
regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20
to be a position critical to safe railway operations, referred to in this section as a
``designated position'', shall undergo a medical examination organized by the railway
company concerned, including audio-metric and optometric examination, at intervals
determined by the regulations made under paragraph 18(1)(c)(iii) or by any rule in force
under section 19 or 20.
Physician or optometrist to disclose
potentially hazardous
conditions
(2) If a physician or an optometrist believes, on reasonable grounds, that
a patient is a person described in subsection (1), the physician or optometrist shall, if
in their opinion the patient has a condition that is likely to pose a threat to safe
railway operations,
(a) by notice sent without delay to a physician or optometrist specified
by the railway company, inform the specified physician or optometrist of that opinion and
the reasons for it, after the physician or optometrist has taken reasonable steps to first
inform the patient, and
(b) without delay send a copy of that notice to the patient,
and the patient is deemed to have consented to the disclosure required by
paragraph (a)
Holder of designated position to inform
physician or optometrist
(3) A person who holds a designated position in a railway company shall, prior to any
examination by a physician or optometrist, advise the physician or optometrist that the
person is the holder of such a position.
Railway company may act in interests
of safe railway operations
(4) A railway company may make such use of information provided pursuant to subsection
(2) as it considers necessary in the interests of safe railway operations.
Proceedings not to lie against
physician or optometrist
(5) No legal, disciplinary or other proceedings lie against a physician or optometrist
for anything done by that physician or optometrist in good faith in compliance with this
section.
Information privileged
(6) Information provided pursuant to subsection (2) is privileged and
(a) no person shall be required to disclose it or give evidence relating to it in any
legal, disciplinary or other proceedings; and
(b) it is not admissible in any such proceedings, except
(i) as provided by subsection (4), or
(ii) where the patient consents.
Other Information Requirements
Maintenance and production of safety records
37. The Governor in Council may make regulations
(a) respecting the keeping and preservation by each railway company or information,
records and documents relevant to the safety of railway operations conducted by that
company, including a complete set of the regulations, emergency directives, rules and
orders made pursuant to this Act that are applicable to that company; and
(b) respecting the filing with the Minister at the request of the Minister of
information, records and documents kept and preserved pursuant to regulations made under
paragraph (a).
(c) respecting notification to the Minister by railway companies of information
suitable for monitoring safety performance or predicting potential changes in levels of
safety, including information about any accident or incident associated with railway
safety or any situation that could have a detrimental impact on safety performance.
False information, etc.
38. No person shall, either or orally or in writing, knowingly make a
false or misleading statement or knowingly provide false or misleading information to the
Minister, to a railway safety inspector or to any other person acting on behalf of the
Minister in connection with any matter under this Act.
Security
Screening before boarding
39. (1) A screening officer may require a person or any
goods to undergo authorized screening before the person or goods come on board railway
equipment or enter a restricted area and, if so required,
(a) the person shall not board the railway equipment or enter the
restricted area unless the person has undergone the authorized screening; and
(b) no person shall take the goods, or have them placed, on board the
railway equipment or in the restricted area unless the goods have undergone the authorized
screening.
Screening after boarding or in restricted areas
(2) A screening officer may require a person on board railway equipment or
in a restricted area to undergo authorized screening and, if the person refuses,
(a) the officer may order the person to leave the railway equipment or
restricted area and to remove from it any goods that the person took or had placed there;
and
(b) the person shall leave the railway equipment or restricted area and
remove or permit the removal of the goods immediately or, if the railway equipment is
moving, at the first reasonable opportunity.
Unaccompanied goods
(3) A screening officer may carry out authorized screening of any goods at
a railway work that are intended for transport on railway equipment and are not
accompanied by a person, and the officer may use any force that is reasonably necessary to
gain access to the goods.
False or misleading information
(4) No person shall knowingly make any false or misleading statement to a
screening officer, or knowingly provide false or misleading information to a screening
officer.
Operators to post notices
(5) When authorized screening is required or authorized under this Act on
board railway equipment or at a railway work, the railway company that operates the
railway equipment or railway work shall post notices stating that
(a) authorized screening is being carried out;
(b) no person is obliged to undergo authorized screening of their person
if they choose not to board the railway equipment or enter a restricted area; and
(c) no person is obliged to permit authorized screening of their goods if
they choose not take the goods or have them placed on board the railway equipment or in
the restricted area.
Placement and languages of notices
(6) The notices must be posted in prominent places where authorized
screening is carried out and they must be written in both of the official languages of
Canada and may, in addition, be written in any other language.
Minister may formulate security measures
39.1 (1) The Minister may formulate measures respecting
the security of railway transportation.
Requirement to carry out measures
(2) The Minister may, by notice in writing, require or authorize a railway
company to carry out any of those security measures.
Exemption by Minister
(3) The Minister may, on any terms and conditions that the Minister
considers necessary, exempt any railway company or other person from the application of a
security measure if, in the opinion of the Minister, the exemption is in the public
interest and is not likely to pose a security threat.
Disclosure of security documents
39.2 (1) No person shall disclose to any other person the
substance of a security document that is labelled as such unless the disclosure is
(a) authorized by the Minister;
(b) ordered by a court or other body under subsection (3);
(c) required by law; or
(d) necessary to give effect to the document.
Court or other body to inform Minister
(2) If a request is made for the production or discovery of the security
document in any proceeding before a court or other body having jurisdiction to compel its
production or discovery, the court or other body shall
(a) notify the Minister of the request, if the Minister is not a party to
the proceeding; and
(b) examine the document in a hearing closed to the public and give the
Minister a reasonable opportunity to make representations with respect to it.
Order for production and discovery
(3) If the court or other body concludes that the public interest in the
proper administration of justice outweighs the interests that would be protected by
non-disclosure, the court or other body
(a) shall order the production and discovery of the security document,
subject to any restrictions or conditions that the court or other body considers
appropriate; and
(b) may require any person to give evidence relating to the document.
Inquiries
Inquiry
40. (1) If the Minister considers that
(a) a proposed railway work set out in a plan filed with the Minister under section 10,
(b) rules filed with the Minister under section 19 or 20,
(c) any accident or incident associated with railway works or with the operation of
railway equipment, or
(d) any other matter relating to the operation or maintenance of railway works or
railway equipment
raises, or may raise, issues of public interest relating to safe railway
operations, the Minister may, by order, direct persons designated by the Minister for the
purpose to conduct an inquiry into the matter in accordance with any regulations made
pursuant to section 47, subject to the Canadian Transportation Accident Investigation and
Safety Board Act, and report the findings of the inquiry to the Minister in such manner
and within such period as the Minister directs.
Powers of persons conducting an inquiry
(2) Each of the persons designated to conduct an inquiry under subsection (1) has the
powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject
to any restrictions specified in the designation.
Privilege
(3) Where, in the course of an inquiry under this section, a statement is obtained by
the persons conducting the inquiry that is included within a class of statements
classified pursuant to the regulations as privileged, those persons may make such use of
the statement for the purposes of the inquiry as they consider necessary in the interests
of safe railway operations, but they shall not knowingly communicate the statement or
permit it to be communicated to any person except in the circumstances set out in the
regulations or as authorized in writing by the person making the statement.
Definition of "statement"
(4) In subsection (3), "statement" means any oral, written or recorded
assertion or any transcript or substantial summary thereof, and includes conduct that
could reasonably be taken to be intended as such an assertion.
Offences
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 two hundred thousand dollars,
and
(ii) in the case of an individual, to a fine not exceeding ten 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 one hundred thousand dollars,
and
(ii) in the case of an individual, to a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding six months, or to both.
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, 18, 24, 37, 47 or 47.1;
(b) an order made by the Minister or a railway safety inspector under subsection 7(2)
or 19(1) or section 31 or 32;
(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; or
(f) a requirement under subsection 39.1(2) to carry out a security measure.
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 $100,000; and
(b) in the case of an individual, to a fine of not more than $5,000 or to imprisonment
for a term of not more than six months, or to both.
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.
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.
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.
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.
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 judgement in that court obtained by Her Majesty in right of Canada
against the convicted person for a debt of the amount of the fine.
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.
Admissibility of evidence
(7) Evidence relating to the presence or concentration of alcohol in the blood of a
person obtained pursuant to any provision of the Criminal Code is admissible in evidence
in proceedings taken against a person under this Act in respect of a contravention of
regulations respecting the use of alcohol, and section 258 of the Criminal Code applies,
with such modifications as the circumstances require, to any such proceedings.
Offence by employee or agent
42. In any prosecution for an offence under this Act, it is sufficient
proof of the offence to establish that it was committed by an employee or agent of the
accused, whether or not the employee or agent has been prosecuted for the offence, unless
the accused establishes that the offence was committed without the knowledge or consent of
the accused and that the accused exercised all due diligence to prevent its commission.
Officers, etc., of corporation
43. Where a corporation commits an offence under this Act, any
officer, director or agent of the corporation who directed, authorized, assented to,
acquiesced in or participated in the commission of the offence is a party to and guilty of
the offence, and is liable on conviction to the punishment provided for the offence,
whether or not the corporation has been prosecuted or convicted.
POLICE CONSTABLES
Appointment
44. (1) A judge of a superior court may
appoint a person as a police constable for the
enforcement of Part III of the Canada Transportation
Act and for the enforcement of the
laws of Canada or a province in so far as their
enforcement relates to the protection of property owned, possessed or administered by a railway
company and the protection of persons and
property on that property.
Limitation
(2) The appointment may only be made on
the application of a railway company that owns,
possesses or administers property located within
the judge’s jurisdiction.
Jurisdiction
(3) The police constable has jurisdiction on
property under the administration of the railway
company and in any place within 500 m of
property that the railway company owns,
possesses or administers.
Power to take persons before a court
(4) The police constable may take a person charged with an offence under Part
III of the Canada Transportation Act, or any law referred to in subsection (1),
before a court that has jurisdiction in such cases over any area where property
owned, possessed or administered by the railway company is located, whether or
not the person was arrested, or the offence occurred or is alleged to have
occurred, within that area.
Court’s jurisdiction
(5) The court must deal with the person as
though the person had been arrested, and the
offence had occurred, within the area of the
court’s jurisdiction, but the court may not deal
with the person if the offence is alleged to have
occurred outside the province in which the court
is sitting.
Dismissal or discharge of police constable
(6) A superior court judge referred to in
subsection (1) or the railway company may
dismiss or discharge the police constable and
the dismissal or discharge terminates the
powers, duties and privileges conferred on the
constable by this section.
Procedures for dealing with complaints
44.1 (1) If one or more police constables are
appointed with respect to a railway company,
the railway company must
(a) establish procedures for dealing with
complaints concerning police constables;
(b) designate one or more persons to be
responsible for implementing the procedures;
and
(c) designate one or more persons to receive
and deal with the complaints.
Procedures to be filed with Minister
(2) The railway company must file with the
Minister a copy of its procedures for dealing
with complaints and must implement any
recommendations made by the Minister, including
recommendations concerning how the
procedures are to be made public.
PART V
MISCELLANEOUS PROVISIONS
Exercise of Powers
Exercise of powers
45. The Minister may, in writing, authorize any person designated by
the Minister to exercise any of the Minister's powers and duties under this Act, either
generally or as otherwise provided in the instrument of authorization.
Statutory Instruments Act
Ministerial orders, etc., not statutory instruments
46. The following are not statutory instruments for the
purposes of the Statutory Instruments Act:
(a) orders made by the Minister under subsection 7(2) or 19(1);
(b) standards, rules or notices of approval made, filed or sent under
subsection 7(2) or (2.1) or section 19 or 20;
(c) notices of exemption under subsection 22(2);
(d) orders and notices sent under sections 31 to 32.5;
(e) emergency directives made by the Minister under section 33; or
(f) security measures formulated under subsection 39.1(1).
Regulations
Regulations
47. Except with respect to any matter that is to be prescribed under
this Act by regulations of the Agency, the Governor in Council may make regulations
prescribing anything that by this Act is to be prescribed, and generally for carrying out
the purposes and provisions of this Act and, without limiting the generality of the
foregoing, may make regulations
(a) respecting the time and manner of giving notice of proposed railway works under
subsection 8(1), the form and content of such a notice, and the persons to whom the notice
is to be given;
(b) respecting the classification of statements obtained in the course of inquiries
held under section 40 as privileged statements, and respecting the communication of
statements so classified;
(c) respecting the tariff of fees and expenses to be paid to any witness attending at
an inquiry held under section 40 and the conditions under which a fee or expense may be
paid to any such witness; and
(d) respecting the procedures and rules of evidence to be followed in conducting
inquiries held under section 40.
Regulations - safety management systems
47.1 (1) The Governor in Council may make regulations
respecting the development and implementation of safety management systems by railway
companies, including the criteria to which the safety management systems must conform.
Regulations - protection of the environment
(2) The Governor in Council may make regulations restricting or otherwise
governing the release of pollutants into the environment from the operation of railway
equipment.
Incorporation by Reference
Incorporation by reference
48. A regulation made under this Act incorporating by reference a
classification, standard, procedure or other specification may incorporate the
classification, standard, procedure or specification as amended from time to time.
Inconsistent Provisions
Safety regulations prevail
49. A regulation made under subsection 7(1) or section 7.1, 18, 24,
37, 47 or 47.1, or a rule in force under section 19 or 20, prevails over an order, rule or
regulation made under any other Act of Parliament to the extent of any inconsistency
between them.
Publication of Regulations
Publication of proposed regulations
50.(1) Subject to subsection (2), a copy of each regulation that is
proposed to be made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1 shall be
published in the Canada Gazette at least ninety days before its proposed
effective date, and interested persons shall be given a reasonable opportunity within
those ninety days to make representations to the Minister with respect to the regulation.
Exceptions
(2) Subsection (1) does not apply in respect of a proposed regulation that
(a) has previously been published pursuant to that subsection, whether or not it has
been changed as a result of representations made pursuant to that subsection; or
(b) makes no substantive change to an existing regulation.
Review of Act
Minister to cause review of Act to be conducted
51.(1) The Minister shall, before the expiration of a period of five
years after the coming into force of this section, establish a committee of not fewer than
three nor more than five persons appointed by the Minister having expertise in matters
affected by this Act to conduct a comprehensive review of the operation of this Act, which
review shall, without limiting the generality of the foregoing, include an evaluation of
the impact of this Act on the safety of railway operations and recommendations for such
amendments to this Act as the committee considers appropriate.
Powers of committee
(2) The committee has, for the purposes of carrying out its duties, the powers of a
commissioner under Part I of the Inquiries Act and may, for those purposes, engage the
services of such experts, professionals and other staff as it deems necessary or advisable
at such rates of remuneration as the Treasury Board approves.
Report
(3) The committee shall, not later than one year after the expiration of the period
referred to in subsection (1), make a report to the Minister of its findings, evaluation
and recommendations as referred to in that subsection, and the Minister shall cause a copy
of the report to be laid before each House of Parliament within fifteen sitting days of
that House after the report has been made to the Minister.
CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS
Access to Information Act
52. [Amendment]
Canadian National Railways Act
53. and 54. [Amendments]
Criminal Code
55. to 62. [Amendments]
National Transportation Act, 1987
63. to 65. [Amendments]
Railway Act
66. to 114. [Amendments]
Railway Relocation and Crossing Act
115. to 118. [Amendments]
Transitional Provisions Relating to
Railway Act Amendments
Regulations and orders of general application
119.(1) Every regulation or order made by the Commission under section
230, 242, 304 or 305 of the Railway Act as it read on December 31, 1988 that
(a) was in force on that day and has not been revoked, and
(b) applies to all railway companies,
continues to have effect as if it were a regulation made by the Governor
in Council under this Act until it is revoked by an order of the Governor in Council under
subsection (5).
Regulations and orders applying to
particular companies
(2) Every regulation or order made by the Commission under section 230, 242, 304 or 305
of the Railway Act as it read on December 31, 1988 that
(a) was in force on that day and has not been revoked, and
(b) applies to a particular railway company or particular railway companies,
continues to have effect as if it were an order made by the Minister under
this Act, until it is revoked by an order of the Minister under subsection (5).
References to Commission or Agency
(3) In any regulation or order mentioned in subsection (1) or (2), a reference to the
Canadian Transport Commission or the National Transportation Agency, or to any officer of
those bodies, shall, after the coming into force of this section, be read as a reference
to the Minister, and section 45 applies in respect of that regulation or order, with such
modifications as the circumstances require.
By-laws
(4) Every by-law made by a company pursuant to section 233 of the Railway Act as it
read on December 31, 1988 that was in force on that day and has not been revoked continues
to have effect, in so far as it relates to the safety of railway operations, as if it were
a rule formulated by the company and approved by the Minister under this Act, until it is
revoked by an order of the Minister under subsection (5).
Power to revoke
(5) The Governor in Council may by order revoke a regulation or order that was
continued by subsection (1) of this section, and the Minister may by order revoke a
regulation, order or by-law that was continued by subsection (2) or (4), respectively, of
this section.
Transitional Provisions Relating to Repeal
of Parts II and III of the Railway Relocation
and Crossing Act
Balance of Part II appropriation
120. (1) Any amount that, before the coming into force of this
section, had been appropriated for the purpose of enabling the Minister to make grants
under Part II of the Railway Relocation and Crossing Act but had not been authorized by
the Minister to be so granted shall, after the coming into force of this section, be
deemed to have been appropriated for the purpose of making grants under section 13 of this
Act.
Balance of Part III appropriation
(2) Any amount that, before the coming into force of this section, had been
appropriated for the purpose of making grants under Part III of the Railway Relocation and
Crossing Act but had not been authorized pursuant to that Part to be so granted shall,
after the coming into force of this section, be deemed to have been appropriated for the
purpose of making grants under section 12 of this Act.
Outstanding grant applications
(3) Any application for a grant in respect of a proposed railway work that, before the
coming into force of this section, had been made under Part II or III of the Railway
Relocation and Crossing Act but had not been dealt with under that Act may, at the request
of the party who made the application and with the consent of the Minister, be treated as
if it were an application duly filed in accordance with the requirements of section 12 or
13 of this Act, and may be dealt with accordingly by the Minister.
Established by the Revised Statutes of Canada,
1985.
CHAPTER R-4.2
List of amendments
INTERPRETATION |
Section
| Revised Statutes, 1985 |
In force
yyyy/mm/dd |
2 |
S.C.1996,c.10,s.261 |
1996/07/01 |
3 |
S.C.1996,c.10,s.262 |
1996/07/01 |
|
S.C.1999,c.9,s.1 |
1999/06/01 |
4 |
S.C.1992,c.51,s.61 |
1993/01/30 |
|
S.C.1996,c.10,s.263 |
1996/07/01 |
|
S.C.1999,c.9,s.2 |
1999/06/01 |
4(1) (e) of the definition
"superior court" |
S.C. 1993, c. 28, s. 129 |
1999/04/01 |
4(1) (e) of the definition
"superior court" |
S.C. 2002, c. 7, s. 234 |
2003/04/01 |
4(1) definition
"Tribunal" |
S.C. 2001, c 29, s. 64(1) |
2003/06/30 |
4(4.1) added |
S.C.1999,c.9,s.2 |
1999/06/01 |
4(5), replaced |
S.C. 2001, c 29, s. 64(2) |
2003/06/30 |
7(2) |
S.C.1999,c.9,s.3 |
1999/06/01 |
7(3) |
S.C.1999,c.9,s.3 |
1999/06/01 |
7.1 added |
S.C.1999,c.9,s.4 |
1999/06/01 |
8(1) |
S.C.1999,c.9,s.5 |
1999/06/01 |
8(2) |
S.C.1999,c.9,s.5 |
1999/06/01 |
8(3) |
S.C.1999,c.9,s.37 |
1999/06/01 |
9(2) |
S.C.1999,c.9,s.37 |
1999/06/01 |
10(1) |
S.C.1999,c.9,s.37 |
1999/06/01 |
10(1.1) |
S.C.1999,c.9,s.6 |
1999/06/01 |
10(1.2) |
S.C.1999,c.9,s.6 |
1999/06/01 |
10(2) |
S.C.1999,c.9,s.37 |
1999/06/01 |
10(3) |
S.C.1999,c.9,s.37 |
1999/06/01 |
10(6) |
S.C.1999,c.9,s.37 |
1999/06/01 |
10(8)(b) |
S.C.1999,c.9,s.37 |
1999/06/01 |
11 |
S.C.1999,c.9,s.7 |
1999/06/01 |
12 |
S.C.1992,c.1,s.122 |
1992/02/28 |
12(1) |
S.C.1999,c.9,s.37 |
1999/06/01 |
12(2) |
S.C.1999,c.9,s.37 |
1999/06/01 |
12(3) |
S.C.1999,c.9,s.37 |
1999/06/01 |
12.1 added |
S.C.1999,c.9,s.8 |
1999/06/01 |
13(1) |
S.C.1999,c.9,s.37 |
1999/06/01 |
13(2) |
S.C.1999,c.9,s.37 |
1999/06/01 |
15 |
S.C.1999,c.9,s.9 |
1999/06/01 |
16 |
S.C.1996,c.10,s.264 |
1996/07/01 |
16(1) |
S.C.1999,c.9,s.10 |
1999/06/01 |
17(1) |
S.C.1999,c.9,s.37 |
1999/06/01 |
17(2) repealed |
S.C.1999,c.9,s.11 |
1999/06/01 |
18(2) |
S.C.1999,c.9,s.12 |
1999/06/01 |
18(3) |
S.C.1999,c.9,s.12 |
1999/06/01 |
19(1) |
S.C.1999,c.9,s.13(1) |
1999/06/01 |
19(2) |
S.C.1999,c.9,s.13(1) |
1999/06/01 |
19(4.1) added |
S.C.1999,c.9,s.13(2) |
1999/06/01 |
19(4.2) added |
S.C.1999,c.9,s.13(2) |
1999/06/01 |
19(5.1) added |
S.C.1999,c.9,s.13(3) |
1999/06/01 |
19(8) |
S.C.1999,c.9,s.13(4) |
1999/06/01 |
20(1) |
S.C.1999,c.9,s.14(1) |
1999/06/01 |
20(2) |
S.C.1999,c.9,s.14(1) |
1999/06/01 |
20(4) |
S.C.1999,c.9,s.14(2) |
1999/06/01 |
22(1) |
S.C.1999,c.9,s.15(1) |
1999/06/01 |
22(2) |
S.C.1999,c.9,s.15(1) |
1999/06/01 |
22(4) added |
S.C.1999,c.9,s.15(2) |
1999/06/01 |
22(5) added |
S.C.1999,c.9,s.15(2) |
1999/06/01 |
22(6) added |
S.C.1999,c.9,s.15(2) |
1999/06/01 |
22(7) added |
S.C.1999,c.9,s.15(2) |
1999/06/01 |
22.1 added |
S.C.1999,c.9,s.16 |
1999/06/01 |
23 |
S.C.1999,c.9,s.17 |
1999/06/01 |
23.1 added |
S.C.1999,c.9,s.18 |
1999/06/01 |
24(1)(f)F |
S.C.1994,c.15,s.1 |
1994/05/12 |
24(1)(f.1) added |
S.C.1999,c.9,s.19(1) |
1999/06/01 |
24(1)(f.2) added |
S.C.1999,c.9,s.19(1) |
1999/06/01 |
24(1.1) added |
S.C.1999,c.9,s.19(2) |
1999/06/01 |
25 |
S.C.1996,c.10,s.265 |
1996/07/01 |
25(1) |
S.C.1999,c.9,s.20(1) |
1999/06/01 |
25(1.1) added |
S.C.1999,c.9,s.20(2) |
1999/06/01 |
25(3) |
S.C.1999,c.9,s.20(3) |
1999/06/01 |
26 |
S.C.1996,c.10,s.266 |
1996/07/01 |
26.1 added |
S.C.1994,c.15,s.2 |
1994/05/12 |
26.2 added |
S.C.1999,c.9,s.20.1 |
1999/06/01 |
Header before 27 |
S.C.1999,c.9,s.21 |
1999/06/01 |
27(1) |
S.C.1999,c.9,s.22 |
1999/06/01 |
27.1, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.2, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.3, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.4, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.5, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.6, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.7, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
27.8, added |
S.C. 2001, c 29, s. 65 |
2003/06/30 |
28(1)(a) |
S.C.1999,c.9,s.23 |
1999/06/01 |
31(2) |
S.C.1999,c.9,s.24(1) |
1999/06/01 |
31(2.1) |
S.C.1999,c.9,s.24(1) |
1999/06/01 |
31(3) |
S.C.1999,c.9,s.24(1) |
1999/06/01 |
31(4.1), added |
S.C. 2001, c 29, s. 66(1) |
2003/06/30 |
31(5) |
S.C.1999,c.9,s.24(2) |
1999/06/01 |
31(6) |
S.C.1999,c.9,s.24(2) |
1999/06/01 |
31(7) |
S.C.1999,c.9,s.24(2) |
1999/06/01 |
31(8) |
S.C.1999,c.9,s.24(2) |
1999/06/01 |
31(9), replaced |
S.C. 2001, c 29, s. 66(2) |
2003/06/30 |
31(10) |
S.C.1999,c.9,s.24(3) |
1999/06/01 |
31.1, added |
S.C. 2001, c 29, s. 67 |
2003/06/30 |
31.2, added |
S.C. 2001, c 29, s. 67 |
2003/06/30 |
31.3, added |
S.C. 2001, c 29, s. 67 |
2003/06/30 |
31.4, added |
S.C. 2001, c 29, s. 67 |
2003/06/30 |
31.5, added |
S.C. 2001, c 29, s. 67 |
2003/06/30 |
32(4) |
S.C.1999,c.9,s.25 |
1999/06/01 |
32(4), replaced |
S.C. 2001, c 29, s. 68 |
2003/06/30 |
32.1, added |
S.C. 2001, c 29, s. 69 |
2003/06/30 |
32.2, added |
S.C. 2001, c 29, s. 69 |
2003/06/30 |
32.3, added |
S.C. 2001, c 29, s. 69 |
2003/06/30 |
32.4, added |
S.C. 2001, c 29, s. 69 |
2003/06/30 |
32.5, added |
S.C. 2001, c 29, s. 69 |
2003/06/30 |
33(1) |
S.C.1999,c.9,s.26(1) |
1999/06/01 |
33(5) |
S.C.1999,c.9,s.26(2) |
1999/06/01 |
34(1) |
S.C. 2003, c.8, s.168 |
2003/07/02 |
34(1) |
S.C. 2006, c.11, s.26 |
2006/12/14 |
34(1) |
S.C. 2007, c.19, s.53 |
2007/06/22 |
35(1) |
S.C.1999,c.9,s.27 |
1999/06/01 |
35(2) |
S.C.1999,c.9,s.27 |
1999/06/01 |
36 repealed |
S.C.1999,c.9,s.28 |
1999/06/01 |
37(c) added |
S.C.1999,c.9,s.29 |
1999/06/01 |
39 |
S.C.1999,c.9,s.30 |
1999/06/01 |
40 |
S.C.1989,c.3,s.51 |
1993/01/30 |
41(2) |
S.C.1999,c.9,s.31 |
1999/06/01 |
41(3) |
S.C.1999,c.9,s.31 |
1999/06/01 |
44 repealed |
S.C.1999,c.9,s.32 |
1999/06/01 |
44 added
44.1 added |
S.C. 2007, c.19, s.54 |
2007/06/22 |
46 |
S.C.1999,c.9,s.33 |
1999/06/01 |
46(d), replaced |
S.C. 2001, c 29, s. 70 |
2003/06/30 |
47.1 added |
S.C.1999,c.9,s.34 |
1999/06/01 |
49 |
S.C.1999,c.9,s.35 |
1999/06/01 |
50(1) |
S.C.1999,c.9,s.36 |
1999/06/01 |
119 |
S.C.1996,c.10,s.267 |
1996/07/01 |
121 repealed |
S.C.1996,c.10,s.268 |
1996/07/01 |
|