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Audible Warnings |
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Use of
whistles
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23.1 (1) No person shall use the whistle on
any railway equipment in an area within a
municipality if
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Ministerial
decision
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(2) The Minister may decide whether the
area meets the prescribed requirements and
the Minister's decision is final.
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Exceptions
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(3) Notwithstanding subsection (1), the
whistle may be used if
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18. (1) Subsection 24(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (f) and by adding the
following after paragraph (f):
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(2) Section 24 of the Act is amended by
adding the following after subsection (1):
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Exemption by
Minister
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(1.1) The Minister may, on such terms and
conditions as the Minister considers neces
sary, 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 pose a threat to
safety.
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19. (1) The portion of subsection 25(1) of
the Act before paragraph (b) is replaced by
the following:
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Power of
railway
company to
enter land
adjoining line
of railway
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25. (1) For the purpose of preventing the
development of a situation that is potentially
threatening to safe railway operations on a line
of railway operated by a railway company, or
for the purpose of restoring safe railway
operations,
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(2) Section 25 of the Act is amended by
adding the following after subsection (1):
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Power of road
authority to
enter land
adjoining line
of railway
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(1.1) For the purpose of preventing the
development of a situation that is potentially
threatening to safe railway operations at a road
crossing, a road authority may at any reason
able time enter onto any land in the vicinity of
the road crossing to cut down trees or brush
that have 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 of its intention to do so to the
owner of the land.
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(3) Subsection 25(3) of the Act is replaced
by the following:
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Compensation
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(3) Where the owner, lessee or occupier of
adjoining land suffers a loss by reason 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 such compensation in
respect of that loss as they may agree on or,
failing an agreement, as is determined pur
suant to section 26, but the payment of
compensation is not a condition precedent to
the exercise of the power.
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19.1 The Act is amended by adding the
following after section 26.1:
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Road users to
give way
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26.2 The users of a road shall give way to
railway equipment at a road crossing when
warning of its approach is given.
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20. The heading ``Railway Safety Inspec
tors'' before section 27 of the Act is replaced
by the following:
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Railway Safety Inspectors and Screening Officers |
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21. Subsection 27(1) of the Act is replaced
by the following:
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Designation
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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.
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22. (1) Subsections 31(2) and (3) of the Act
are replaced by the following:
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Inspector may
forbid or
restrict use of
unsafe
crossing work
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(2) Where a railway safety inspector is of
the opinion that the standard of construction or
maintenance of a crossing work poses a threat
to safe railway operations, the inspector, by
notice sent to the person responsible for the
maintenance of the crossing work, to the
railway company concerned or to both
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Unsafe use of
road crossing
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(2.1) Where a railway safety inspector is of
the opinion that the method of operating a
vehicle over a road crossing poses a threat to
safe railway operations, the inspector, by
notice sent to the driver or operator of the
vehicle,
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Inspector may
forbid
operation of
certain works
or equipment
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(3) Where a railway safety inspector is of
the opinion that the manner of operation of a
line work or railway equipment of a particular
railway company poses a threat to safe railway
operations, the inspector
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(2) Subsections 31(5) to (8) of the Act are
replaced by the following:
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Minister to be
informed of
order
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(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.
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Copies of
certain notices
to be served
on supervisor
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(6) If a notice sent to a railway company
under this section contains an order, the
railway safety inspector shall send a copy of
the notice
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Effect of
order
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(7) An order contained in a notice under this
section has effect
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Alteration and
revocation of
orders by
other
inspectors
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(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. The reasons for the inspector's
inability to act must appear in the altering or
revoking order.
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(3) Subsection 31(10) of the Act is re
placed by the following:
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When
alteration or
revocation
effective
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(10) An alteration or revocation of an order
pursuant to 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.
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23. Subsection 33(1) of the Act is replaced
by the following:
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Minister may
send
emergency
directives
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33. (1) Where 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 emergen
cy directive sent to a railway company, order
it
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Directive
despite
compliance
with law
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(1.1) The Minister may issue an emergency
directive even though
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24. Subsection 35(1) of the Act is replaced
by the following:
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Medical
examination
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35. (1) A person who holds a position in a
railway company that is declared by regula
tions 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 company-orga
nized medical examination, including audio-
metric and optometric examination, at inter
vals determined by the regulations or rule.
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25. Section 36 of the Act is repealed.
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26. Section 39 of the Act and the heading
before it are replaced by the following:
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Security |
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Screening
before
boarding
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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, where so required,
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Screening
after boarding
or in restricted
areas
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(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,
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Unaccompa- nied goods
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(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.
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False or
misleading
information
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(4) No person shall knowingly make any
false or misleading statement to a screening
officer, or knowingly provide false or mislead
ing information to a screening officer.
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Operators to
post notices
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(5) When authorized screening is required
or authorized 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
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Placement and
languages of
notices
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(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.
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Minister may
formulate
security
measures
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39.1 (1) The Minister may formulate mea
sures respecting the security of railway trans
portation.
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Requirement
to carry out
measures
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(2) The Minister may, by notice in writing,
require or authorize a railway company to
carry out the security measures.
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Exemption by
Minister
|
(3) The Minister may, on such terms and
conditions as the Minister considers neces
sary, exempt any railway company or other
person from the application of any 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.
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Disclosure of
security
documents
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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
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Court or other
body to
inform
Minister
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(2) Where a request is made for the
production or discovery of the security docu
ment in any proceeding before a court or other
body having jurisdiction to compel its produc
tion or discovery, the court or other body shall
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