Law:Railway Safety Act

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R.s.c., 1985, c. 32 (4th Supp.)

An Act to ensure the safe operation of railways and to amend certain other Acts in consequence thereof

(1988, c. 40, assented to 28th July, 1988)

Contents

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.

R.S., 1985, c. 32 (4th Supp.), s. 2; 1996, c. 10, s. 261.


Objectives

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.

R.S., 1985, c. 32 (4th Supp.), s. 3; 1996, c. 10, s. 262; 1999, c. 9, s. 1.


Interpretation

Definitions

4. (1) In this Act,

“Agency”

« Office »

“Agency” means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act;

“alter”(Repealed, 1999, c. 9, s. 2)

“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”

pan class="DefinitionOtVersion 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;

“proposing party”(Repealed, 1999, c. 9, s. 2)

“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 that railway company, or

(b) persons owning 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 du service de voirie »

“road authority” means a public authority having legal authority to open and maintain roads;

“road crossing”

clas« 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 Superior Court of Justice,

(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 Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;

“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 tha 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 railway operations, etc.

(4) In determining, for the purposes 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 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.

R.S., 1985, c. 32 (4th Supp.), s. 4; 1992, c. 51, s. 61; 1996, c. 10, s. 263; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 82, c. 9, s. 2; 2001, c. 29, s. 64; 2002, c. 7, s. 234(E).

Previous Version

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.


Part I. 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.

R.S., 1985, c. 32 (4th Supp.), s. 7; 1999, c. 9, s. 3.


Construction of Road Crossings

Regulations

7.1 The Governor in Council may make regulations regulating or prohibiting the construction of road crossings.

1999, c. 9, s. 4.


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.

R.S., 1985, c. 32 (4th Supp.), s. 8; 1999, c. 9, ss. 5, 37(E).

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.

Proponent to be notified

(2) The Minister shall send a copy of a notice under subsection (1) to the proponent.

R.S., 1985, c. 32 (4th Supp.), s. 9; 1999, c. 9, s. 37(E).


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 work is consistent with safe railway operations and shall, before the expiration of the assessment period,

(a) if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are 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 railay 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.

R.S., 1985, c. 32 (4th Supp.), s. 10; 1999, c. 9, ss. 6, 37(E).

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.

R.S., 1985, c. 32 (4th Supp.), s. 11; 1999, c. 9, s. 7.


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 an 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.

R.S., 1985, c. 32 (4th Supp.), s. 12; 1999, c. 9, s. 37(E).

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.

1999, c. 9, s. 8.

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

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.

R.S., 1985, c. 32 (4th Supp.), s. 13; 1999, c. 9, s. 37(E).

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.

R.S., 1985, c. 32 (4th Supp.), s. 15; 1999, c. 9, s. 9.

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 deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

R.S., 1985, c. 32 (4th Supp.), s. 16; 1996, c. 10, s. 264; 1999, c. 9, s. 10.

Minister may simultaneously consider requests for grant and for section 10 approval

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

(2)�(Repealed, 1999, c. 9, s. 11)

R.S., 1985, c. 32 (4th Supp.), s. 17; 1999, c. 9, ss. 11, 37(E).


Part Ii. 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.

R.S., 1985, c. 32 (4th Supp.), s. 18; 1999, c. 9, s. 12.


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 theyeplace 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 subsection (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 subsection (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, 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.

R.S., 1985, c. 32 (4th Supp.), s. 19; 1999, c. 9, s. 13.

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).

R.S., 1985, c. 32 (4th Supp.), s. 20; 1999, c. 9, s. 14.


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.

R.S., 1985, c. 32 (4th Supp.), s. 22; 1999, c. 9, s. 15.

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.

1999, c. 9, s. 16.


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.

R.S., 1985, c. 32 (4th Supp.), s. 23; 1999, c. 9, s. 17.


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.

1999, c. 9, s. 18.


Part Iii. 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 ofny 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.

R.S., 1985, c. 32 (4th Supp.), s. 24; 1994, c. 15, s. 1(F); 1999, c. 9, s. 19.


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.

R.S., 1985, c. 32 (4th Supp.), s. 25; 1996, c. 10, s. 265; 1999, c. 9, s. 20.


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.

R.S., 1985, c. 32 (4th Supp.), s. 26; 1996, c. 10, s. 266.


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.

1994, c. 15, s. 2.

Road users to give way

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

1999, c. 9, s. 20.1.


Part Iv. 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.

R.S., 1985, c. 32 (4th Supp.), s. 27; 1999, c. 9, s. 22.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

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.

2001, c. 29, s. 65.

Definition of “designation”

27.8 For the purposes of sections 27.1 to 27.7, “designation” includes any privilege accorded by a designation.

2001, c. 29, s. 65.

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 than 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.

R.S., 1985, c. 32 (4th Supp.), s. 28; 1999, c. 9, s. 23.

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 made 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 proceedings 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 purpose 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 rquest 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.

R.S., 1985, c. 32 (4th Supp.), s. 31; 1999, c. 9, s. 24; 2001, c. 29, s. 66.

Previous VersionRequest 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.

2001, c. 29, s. 67.

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.

2001, c. 29, s. 67.

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).

2001, c. 29, s. 67.

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.

2001, c. 29, s. 67.

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.

2001, c. 29, s. 67.


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 therefrom 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.

R.S., 1985, c. 32 (4th Supp.), s. 32; 1999, c. 9, s. 25; 2001, c. 29, s. 68.

Previous VersionRequest 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.

2001, c. 29, s. 69.

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.

2001, c. 29, s. 69.

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).

2001, c. 29, s. 69.

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.

2001, c. 29, s. 69.

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.

2001, c. 29, s. 69.


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.

R.S., 1985, c. 32 (4th Supp.), s. 33; 1999, c. 9, s. 26.


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.

R.S., 1985, c. 32 (4th Supp.), s. 34; 2002, c. 8, s. 168; 2006, c. 11, s. 26; 2007, c. 19, s. 53.

Previous Version

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 subparagraph 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 any 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.

R.S., 1985, c. 32 (4th Supp.), s. 35; 1999, c. 9, s. 27.


Other Information Requirements

36. (Repealed, 1999, c. 9, s. 28)

Maintenance and production of safety records

37. The Governor in Council may make regulations

(a) respecting the keeping and preservation by each railway company of 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;

(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); and

(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.

R.S., 1985, c. 32 (4th Supp.), s. 37; 1999, c. 9, s. 29.

False information, etc.

38. No person shall, either 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 to 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.

R.S., 1985, c. 32 (4th Supp.), s. 39; 1999, c. 9, s. 30.

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.

1999, c. 9, s. 30.

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.

1999, c. 9, s. 30.


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.

R.S., 1985, c. 32 (4th Supp.), s. 40; 1989, c. 3, s. 51.


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 thereo, as if the conviction were a judgment 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 or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.

R.S., 1985, c. 32 (4th Supp.), s. 41; 1999, c. 9, s. 31; 2008, c. 6, s. 60.

Previous VersionOffence 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.


Part Iv.1. 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.

R.S., 1985, c. 32 (4th Supp.), s. 44; 1999, c. 9, s. 32; 2007, c. 19, s. 54.

Previous VersionProcedures 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.

2007, c. 19, s. 54.


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).

R.S., 1985, c. 32 (4th Supp.), s. 46; 1999, c. 9, s. 33; 2001, c. 29, s. 70.

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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.

1999, c. 9, s. 34.


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.

R.S., 1985, c. 32 (4th Supp.), s. 49; 1999, c. 9, s. 35.


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.

R.S., 1985, c. 32 (4th Supp.), s. 50; 1999, c. 9, s. 36.


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.


Part Vi. 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.

R.S., 1985, c. 32 (4th Supp.), s. 119; 1996, c. 10, s. 267.


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.

121. (Repealed, 1996, c. 10, s. 268)


Coming into Force

Coming into force


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