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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-58 |
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An Act to amend the Railway Safety Act and
to make a consequential amendment to
another Act
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| R.S., c. 32
(4th Supp.);
1989, c. 3;
1992, cc. 1,
51; 1993, c.
28; 1994, c.
15; 1996, c.
10
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RAILWAY SAFETY ACT |
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| 1996, c. 10,
s. 262
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1. Section 3 of the Railway Safety Act and
the heading before it are replaced by the
following:
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OBJECTIVES |
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| Objectives
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3. The objectives of this Act are to
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2. (1) The definition ``alter'' in subsection
4(1) of the Act is repealed.
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(2) The definition ``proposing party'' in
subsection 4(1) of the English version of the
Act is repealed.
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(3) The definition ``person'' in subsection
4(1) of the Act is replaced by the following:
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| ``person'' « personne »
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``person'' includes a government of a
municipality and a road authority;
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(4) Subsection 4(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``authorized
screening'' « contrôle »
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``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;
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| ``goods'' « biens »
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``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;
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| ``restricted
area'' « zone réglemen- tée »
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``restricted area'' means an area that is
established under the regulations or a
security document and to which access is
restricted to authorized persons;
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| ``road
authority'' « autorité responsable d'un service de voirie »
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``road authority'' means a public authority
having legal authority to open and maintain
roads;
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| ``safety
management
system'' « système de gestion de la sécurité »
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``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;
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| ``screening
officer'' « agent de contrôle »
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``screening officer'' means a person
designated by the Minister under subsection
27(1) as a screening officer for the purposes
of this Act;
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| ``security
document'' « texte relatif à la sûreté du transport ferroviaire »
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``security document'' means any of the
following documents:
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(5) Subsection 4(1) of the English version
of the Act is amended by adding the
following in alphabetical order:
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| ``proponent'' « promoteur »
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``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;
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(6) Section 4 of the Act is amended by
adding the following after subsection (4):
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| Threats and
immediate
threats
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(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.
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3. Subsections 7(2) and (3) of the Act are
replaced by the following:
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| Railway
company
required to
formulate
standards
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(2) The Minister may, by order, require a
railway company
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| Formulation
or revision of
standards
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(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.
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| Application of
certain
provisions
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(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 .
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4. The Act is amended by adding the
following after section 7:
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Construction of Road Crossings |
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| Regulations
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7.1 The Governor in Council may make
regulations regulating or prohibiting the
construction of road crossings.
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5. Subsections 8(1) and (2) of the Act are
replaced by the following:
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| Notice of
certain
proposed
railway works
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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.
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| Filing of
objections
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(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.
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6. Section 10 of the Act is amended by
adding the following after subsection (1):
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| Request for
approval
before end of
notice period
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(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.
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| Withdrawal of
objection
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(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.
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7. Section 11 of the Act is replaced by the
following:
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| Engineering
work
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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.
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8. The Act is amended by adding the
following after section 12:
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| Agreements
for closing
road crossings
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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.
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| Grants
relating to
closing
crossings
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(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.
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9. Section 15 of the Act is replaced by the
following:
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| Appropria- tion for grants
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15. Grants authorized under section 12,
12.1 , 13 or 14 shall be paid out of money
appropriated by Parliament for that purpose.
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| 1996, c. 10,
s. 264(1)
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10. Subsection 16(1) of the Act is replaced
by the following:
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| Reference to
Agency
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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.
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11. Subsection 17(2) of the Act is
repealed.
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12. Subsections 18(2) and (3) of the Act
are replaced by the following:
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| Regulations
- crossing
works
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(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.
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| Regulations
- security
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(2.1) The Governor in Council may make
regulations respecting the security of railway
transportation.
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| Regulations to
override rules
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(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.
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13. (1) Subsections 19(1) and (2) of the Act
are replaced by the following:
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| Formulation
or revision of
rules pursuant
to ministerial
order
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19. (1) The Minister may, by order, require
a railway company
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| Railway
company to
consult
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(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.
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(2) Section 19 of the Act is amended by
adding the following after subsection (4):
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| Request for
amendment to
terms and
conditions
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(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.
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| Amendments
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(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.
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(3) Section 19 of the Act is amended by
adding the following after subsection (5):
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| Effective date
of rules
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(5.1) Rules approved by the Minister under
subsection (4) come into force on a day
specified by the Minister, but if they replace
any regulations, they may not come into force
earlier than the day on which the regulations
are repealed.
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(4) Subsection 19(8) of the Act is replaced
by the following:
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| Consultation
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(8) The Minister shall not, under this
section, establish rules applying to a particular
railway company unless the Minister has
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14. (1) Subsections 20(1) and (2) of the Act
are replaced by the following:
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| Formulation
or revision of
rules
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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.
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| Consultation
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(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.
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(2) Subsection 20(4) of the Act is replaced
by the following:
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| Application of
certain
provisions
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(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).
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15. (1) Subsections 22(1) and (2) of the Act
are replaced by the following:
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| Exemption by
order in
council
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22. (1) The Governor in Council may, by
order, on any terms and conditions that are
specified in the order,
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| Exemption by
Minister
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(2) The Minister may, by notice, on any
terms and conditions that are specified in the
notice,
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