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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the Railway Safety Act and to make a consequential
amendment to another Act''.
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These amendments to the Railway Safety Act allow railway
companies to continue to manage the way in which they meet essential
safety objectives but give the Minister full powers to ensure that safety
performance is appropriate. The amendments
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(a) clarify the objectives of the Act;
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(b) provide authority to require railways to implement safety
management systems;
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(c) provide greater involvement for interested organizations in
rule-making;
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(d) minimize disruption caused by train whistles in communities;
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(e) strengthen and clarify federal powers at road crossings;
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(f) clarify and strengthen the powers of railway safety inspectors;
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(g) streamline the administrative process;
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(h) provide authority to regulate railway emissions; and
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(i) improve provisions for security measures.
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There is also a consequential amendment to the Access to
Information Act.
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Clause 1: Section 3 and the heading before it read as
follows:
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3. It is hereby declared that this Act is enacted for the attainment of
such of the objectives of the national transportation policy, as set out in
section 5 of the Canada Transportation Act as relate to the safety of
railway operations and as fall within the purview of subject-matters
under the legislative authority of Parliament.
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Clause 2: (1) The definition ``alter'' in subsection 4(1)
reads as follows:
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``alter'' includes reconstruct but does not include maintain;
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(2) The definition ``proposing party'' in subsection
4(1) reads as follows:
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``proposing party'', in relation to a proposed railway work, whether
involving the construction of a new railway work or the alteration of
an existing railway work, means the person proposing, whether
voluntarily or by virtue of a requirement imposed by or under
another Act, to undertake that construction or alteration or to cause
that construction or alteration to be undertaken;
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(3) The definition ``person'' in subsection 4(1) reads
as follows:
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``person'' includes a municipality and a public authority having legal
jurisdiction to open and maintain highways in the area under its
jurisdiction;
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(4) New.
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(5) New.
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(6) New.
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Clause 3: Subsection 7(2.1) is new. Subsections 7(2)
and (3) read as follows:
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(2) The Minister may, by order, require a railway company
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(a) to formulate engineering standards governing or embracing any
matter referred to in subsection (1) that is specified in the order and
is not dealt with by regulations made pursuant to that subsection, or
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(b) to revise its engineering standards governing such a matter in a
manner specified in the order,
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and to file with the Minister for approval, within a period specified in
the order, the standards so formulated or so revised.
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(3) Subsections 19(4) to (11) apply in relation to standards referred
to in subsection (2), with such modifications as the circumstances
require and without regard to the references to relevant association or
organization.
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Clause 4: New.
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Clause 5: Subsections 8(1) and (2) read as follows:
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8. (1) The proposing party in relation to a proposed railway work of
a kind prescribed for the purposes of this subsection, whether consisting
of the construction of a new railway work or the alteration of an existing
railway work, shall not undertake the work unless it has first given
notice of the work in accordance with the regulations.
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(2) Any person to whom a notice of a proposed railway work is given
under subsection (1) who considers that the safety of the person or
person's property would be prejudiced by that proposed railway work
may, before the expiration of the period specified in the notice for the
filing of objections, file with the proposing party an objection to the
proposed railway work setting out the reasons for the objection, and,
where the person does so, the person shall forthwith file a copy of that
objection with the Minister.
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Clause 6: New.
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Clause 7: Section 11 reads as follows:
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11. (1) Except as provided by subsection (3), where the Minister's
approval under section 10 is required for the undertaking of a proposed
railway work, the proposing party shall not operate or permit the
operation of that work until it has filed with the Minister an affidavit by
the professional engineer in charge of that work to the effect that the
engineer is satisfied that the work has been completed in accordance
with the terms of the Minister's approval.
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(2) Except as provided by subsection (3), where
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(a) the Minister's approval under section 10 is not required for the
undertaking of a proposed railway work, and
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(b) the work is of a kind prescribed for the purpose of this subsection,
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the proposing party shall not operate or permit the operation of that
work until it has filed with the Minister an affidavit by the professional
engineer in charge of that work to the effect that the engineer is satisfied
that the work is consistent with safe railway operations.
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(3) Where a proposed railway work consists of the alteration of an
existing railway work, the professional engineer in charge of the
proposed railway work shall, forthwith after its completion, file with the
Minister the affidavit required by subsection (1) or (2), as the case may
be, but the proposing party may operate or permit the operation of that
work even before the affidavit is filed.
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Clause 8: New.
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Clause 9: Section 15 reads as follows:
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15. Grants authorized under section 12, 13 or 14 shall be paid out of
money appropriated by Parliament for that purpose.
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Clause 10: Subsection 16(1) reads as follows:
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16. (1) Where the proposing party in respect of a proposed railway
work and each other person who stands to benefit from the completion
of the work cannot agree on the apportionment between them of the
liability to meet the construction, alteration, operational or maintenance
costs in respect of that work, the proposing party or any of those persons
may, if no right of recourse is available under Part III of the Canada
Transportation Act or the Railway Relocation and Crossing Act, refer
the matter to the Agency for a determination.
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Clause 11: Subsection 17(2) reads as follows:
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(2) Where a proposing party who has applied for a grant under
section 12 or 13 in respect of a work commences that work before the
Minister has approved or rejected the application for the grant, the
proposing party shall be deemed to have withdrawn the application for
the grant.
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Clause 12: Subsection 18(2.1) is new. Subsections
18(2) and (3) read as follows:
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(2) The Governor in Council may make regulations respecting the
operation and maintenance of crossing works.
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(3) Where the Governor in Council, at any time, makes regulations
respecting a matter referred to in subsection (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, then, to the extent of the
inconsistency, those rules are thereupon revoked.
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Clause 13: (1) Subsections 19(1) and (2) read as
follows:
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19. (1) The Minister may, by order, require a railway company
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(a) to formulate rules respecting any matter referred to in subsection
18(1) that is specified in the order and is not dealt with by regulations
made pursuant to that subsection, or
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(b) to revise its rules respecting such a matter in a manner specified
in the order,
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and to file with the Minister for approval, within a period specified in
the order, the rules so formulated or so revised.
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(2) A railway company that is required, by order under subsection
(1), to file rules with the Minister shall not file those rules unless it has
first afforded a reasonable opportunity to each relevant association or
organization that is likely to be affected by the implementation of those
rules to consult with it concerning those rules.
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(2) New.
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(3) New.
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(4) Subsection 19(8) reads as follows:
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(8) The Minister shall not, under this section, establish rules applying
to a particular railway company unless the Minister has afforded that
company and each relevant association or organization a reasonable
opportunity to consult with the Minister in respect of the rules that the
Minister proposes to establish and has considered any objection, on the
grounds of safety, to establishment of those rules that is made in the
course of that consultation.
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Clause 14: (1) Subsections 20(1) and (2) read as
follows:
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20. (1) Where a railway company, on its own initiative,
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(a) proposes to formulate rules in respect of any matter referred to in
subsection 18(1) that is not dealt with by regulations made pursuant
to that subsection, or
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(b) proposes to revise its rules in respect of any such matter,
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the company shall file the rules as formulated or as revised with the
Minister for approval.
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(2) A railway company shall not file rules with the Minister under
subsection (1) unless it has first afforded a reasonable opportunity to
each relevant association or organization that is likely to be affected by
the implementation of those rules to consult with it concerning those
rules.
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(2) Subsection 20(4) reads as follows:
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(4) Where rules are filed with the Minister pursuant to subsection (1),
subsections 19(4), (5), (10) and (11) apply in relation to the filing and
consideration of those rules as if the rules had been duly filed in
compliance with an order made pursuant to subsection 19(1).
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Clause 15: (1) Subsections 22(1) and (2) read as
follows:
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22. (1) The Governor in Council may, by order, on such terms and
conditions as are specified in the order,
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(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 of
rules in force pursuant to section 19 or 20; or
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(b) exempt a specified person from the application of a specified
provision of regulations made under subsection 18(2).
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(2) The Minister may, by notice, on such terms and conditions as are
specified in the notice,
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(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 of
rules in force pursuant to section 19 or 20, or
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(b) exempt a specified person from the application of a specified
provision of regulations made under subsection 18(2)
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if, in the opinion of the Minister, the exemption is in the public interest
and is not likely to threaten safe railway operations.
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(2) New.
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Clause 16: New.
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Clause 17: Section 23 reads as follows:
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23. (1) Unless a railway company is exempted under section 22 from
the application of regulations made under section 18 or of rules 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.
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(2) Unless the person responsible for the maintenance of a crossing
work is exempted under section 22 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.
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Clause 18: New.
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Clause 19: (1) New. The relevant portion of
subsection 24(1) reads as follows:
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24. (1) The Governor in Council may make regulations
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(2) New.
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Clause 20: (1) The relevant portion of subsection
25(1) reads as follows:
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25. (1) For the purpose of enabling a railway company to prevent the
development of a situation that is potentially threatening to safe railway
operations on a line of railway operated by it, and without prejudice to
its powers under the Railway Act,
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(a) the company may, at any time, enter onto any land adjoining the
land on which the line of railway is situated
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(i) for the purpose of maintaining, or carrying out alterations to,
railway works in accordance with requirements imposed by or
under this Act, or
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(ii) for the purpose of removing any obstruction to railway works,
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in circumstances where no other access to the line of railway is
reasonably available, and may remain on the land for so long as is
necessary to accomplish that purpose;
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(2) New.
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(3) Subsection 25(3) reads as follows:
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(3) Where the owner, lessee or occupier of land adjoining the land
on which a line of railway is situated suffers a loss by reason of the
exercise by a railway company of a power conferred by this section, the
railway company 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, but
the payment of compensation is not a condition precedent to the
exercise of the power.
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Clause 21: The heading before section 27 reads as
follows:
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Clause 22: Subsection 27(1) reads as follows:
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27. (1) The Minister may designate any person whom the Minister
deems qualified as a railway safety inspector for the purposes of this Act
and, where the Minister does so, 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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Clause 23: Paragraph 28(1)(a.1) is new. The relevant
portion of subsection 28(1) reads as follows:
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28. (1) A railway safety inspector may, at any time,
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(a) for the purpose of ensuring compliance with this Act and with the
regulations, emergency directives, rules and orders made
thereunder, enter any railway work or railway equipment, whether
or not in operation, and inspect that work or equipment or any
railway operation carried out at, in or in respect of that work or
equipment, where that inspection relates to the matters for which the
inspector is designated;
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Clause 24: (1) Subsection 31(2.1) is new. Subsections
31(2) and (3) read as follows:
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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
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(a) by notice sent to the person responsible for the maintenance of
the crossing work,
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(i) shall inform that person of that opinion and of the reasons
therefor, and
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(ii) may, if the inspector is satisfied that the threat is immediate,
order the person 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; and
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(b) by notice sent to the railway company concerned,
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(i) shall inform the company of that opinion and of the reasons
therefor, and
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(ii) may, if the inspector is satisfied that the threat is immediate,
order the company to ensure that specified line works or specified
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.
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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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(a) shall, by notice sent to the company, inform the company of that
opinion and of the reasons therefor; and
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(b) may, in that 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 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.
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(2) Subsections 31(5) to (8) read as follows:
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(5) Where a notice is sent under subsection (1), (2) or (3), the railway
safety inspector who sends the notice shall, if the notice contains an
order, immediately inform the Minister of the order and of the reasons
therefor.
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(6) Where a railway safety inspector includes in a notice sent to a
railway company under subsection (1), (2) or (3) an order that the
railway company ensure that certain works or equipment not be used or
operated, or not be used or operated other than under specified terms
and conditions, until certain action is taken or unless a certain mode of
operation is adopted, the inspector shall send a copy of the notice
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(a) to the railway company supervisor who is directly responsible for
the works or equipment concerned; or
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(b) in the absence of the supervisor referred to in paragraph (a), to
the railway company employee who, at that time, is in charge of the
works or equipment concerned.
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(7) An order to a railway company contained in a notice under
subsection (1), (2) or (3) has effect
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(a) when the notice is received by the company; or
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(b) if, before the notice is received by the company, a copy of the
notice is sent pursuant to subsection (6) to a railway company
supervisor or railway company employee, when that supervisor or
employee receives the copy.
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(8) An order to a person, contained in a notice under paragraph
(2)(a), has effect when the person receives the notice.
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(3) Subsection 31(10) reads as follows:
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(10) An alteration or revocation of an order pursuant to subsection
(9) has effect when the railway company or person to whom the original
notice was sent receives a notice of the alteration or revocation.
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Clause 25: Subsection 32(3.1) is new. Subsection
32(4) reads as follows:
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(4) An order contained in a notice to a person or railway company
under subsection (1) or (3) has effect when the person or railway
company receives the notice.
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Clause 26: (1) Subsection 33(1.1) is new. Subsection
33(1) reads as follows:
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33. (1) Where the Minister is of the opinion that
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(a) the use by a railway company of a railway work or railway
equipment of a particular kind, or
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(b) the following by a railway company of, or the failure to follow,
a particular maintenance or operating practice in respect of a railway
work or railway equipment
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poses an immediate threat to safe railway operations, the Minister may,
by emergency directive sent to the railway company, and
notwithstanding that the construction of the work was undertaken in
accordance with the law in force at that time or that the use of the
equipment or the following of, or failure to follow, the maintenance or
operating practice is in accordance with this Act and with any
regulations or rules made thereunder, order the company
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(c) to cease, either absolutely or to the extent specified in the
directive, to use works or equipment of that kind or to follow that
maintenance or operating practice, or
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(d) to follow a maintenance or operating practice specified in the
directive.
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(2) Subsection 33(5) reads as follows:
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(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 a rule in force pursuant to section 19 or 20,
the emergency directive prevails to the extent of the inconsistency.
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Clause 27: Subsections 35(1) and (2) read as follows:
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35. (1) A person who holds a position in a railway company that is
declared by regulations made under paragraph 18(1)(b) to be a position
critical to safe railway operations, referred to in this section as a
``designated position'', shall undergo a company-sponsored medical
examination, including audio-metric and optometric examination, at
least every twelve months.
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(2) Where 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 the physician's or optometrist's
opinion, the patient has a condition that is likely to constitute a threat to
safe railway operations,
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(a) by notice sent forthwith to the Chief Medical Officer of the
railway company or to a physician or optometrist specified by the
railway company, inform the Chief Medical Officer or the specified
physician or optometrist of that opinion and the reasons therefor,
after the physician or optometrist has taken reasonable steps to first
inform the patient, and
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(b) forthwith send a copy of that notice to the patient,
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and the patient shall be deemed to have consented to the disclosure
required by paragraph (a).
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Clause 28: Section 36 reads as follows:
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36. The Governor in Council may make regulations
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(a) respecting notification of the Minister by railway companies
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(i) of any accident or incident associated with the operation of
railway equipment on a line of railway,
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(ii) of any situation that could, if left unattended, induce such an
accident or incident, and
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(iii) of any contravention of a regulation, rule, emergency
directive or order made pursuant to this Act; and
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(b) respecting the preparation and filing with the Minister of a return
in respect of each calendar year and also in respect of any lesser
period specified by the Minister, setting out particulars of each
accident, incident, situation or contravention referred to in
paragraph (a) occurring during that year or period.
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Clause 29: New. The relevant portion of section 37
reads as follows:
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37. The Governor in Council may make regulations
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Clause 30: Sections 39.1 and 39.2 are new. Section 39
and the heading before it read as follows:
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39. (1) In this section,
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``authorized search'' means a search carried out in such manner and
under such circumstances as are prescribed;
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``goods'' means anything that may be taken or placed on board railway
equipment as freight, baggage or personal belongings;
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``security officer'' means such person as may be designated by the
Minister to be a security officer for the purposes of this section.
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(2) For the purpose of ensuring safe railway operations, the
Governor in Council may make regulations requiring railway
companies to establish, maintain and carry out, at or in respect of
railway works, railway equipment or railway operations,
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(a) such security measures as are prescribed; or
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(b) such security measures as may be approved by the Minister.
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(3) The Minister may establish, maintain and carry out, at or in
respect of railway works, railway equipment or railway operations, in
lieu of or in addition to the security measures required by regulations
made under subsection (2), such security measures as the Minister
considers necessary for ensuring safe railway operations.
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(4) No person who, before boarding railway equipment, is required
by a security officer
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(a) to submit to an authorized search of his person, or
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(b) to permit an authorized search to be carried out of the goods that
the person intends to take or have placed on board the railway
equipment
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shall board the railway equipment unless the person submits to the
authorized search or permits the authorized search to be carried out, as
the case may be.
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(5) Where, after having boarded railway equipment, a person who is
required by a security officer
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(a) to submit to an authorized search of his person, or
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(b) to permit an authorized search to be carried out of the goods that
the person took or had placed on board the railway equipment
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refuses to submit to the authorized search or to permit the authorized
search to be carried out, as the case may be, the security officer may
order that person to leave the railway equipment and remove from the
railway equipment the goods that the person took or had placed on
board the railway equipment, and the person shall thereupon leave the
railway equipment and remove or permit the removal of the goods from
the railway equipment.
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(6) No person who, having been required by a security officer to
permit an authorized search of goods intended to be transported on
railway equipment, refuses to permit the search to be carried out shall
place or attempt to place the goods, or cause the goods to be placed, on
board the railway equipment.
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(7) Where goods are received for transport on railway equipment
and are not accompanied by a person who may give the permission
referred to in subsection (6), a security officer may carry out an
authorized search of the goods and, in carrying out that search, may use
such force as may reasonably be necessary to gain access to the goods.
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(8) No person other than the Minister shall disclose to any other
person the substance of security measures that have been approved by
the Minister pursuant to regulations made under subsection (2) or
established by the Minister under subsection (3) unless the disclosure
is required by law or is necessary in order to make the security measures
effective.
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(9) Where, in any proceedings before a court or other body having
jurisdiction to compel the production or discovery of information, a
request is made for the production or discovery of any security
measures that have been approved by the Minister pursuant to
regulations made under subsection (2) or established by the Minister
under subsection (3), the court or other body shall, if the Minister is not
a party to the proceedings, cause a notice of the request to be given to
the Minister and shall, in camera, examine the security measures and
give the Minister a reasonable opportunity to make representations with
respect to the request and, if the court or other body concludes, in the
circumstances of the case, that the public interest in the proper
administration of justice outweighs in importance the privilege attached
to the security measures by virtue of subsection (8), the court or other
body shall order the production or discovery, subject to such restrictions
or conditions as the court or other body deems appropriate, and may
require any person to give evidence that relates to the security measures.
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Clause 31: Subsections 41(2.1), (3.1) and (3.2) are
new. Subsections 41(2) and (3) read as follows:
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(2) Every person who contravenes a regulation, an emergency
directive of the Minister, an order of the Minister or of a railway safety
inspector, a rule in force under section 19 or 20, or a requirement made
pursuant to subsection 16(3) or 26(3) is guilty of an offence punishable
on summary conviction and liable
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(a) in the case of a corporation, to a fine not exceeding one hundred
thousand dollars; and
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(b) 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.
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(3) Where a person commits a contravention described in subsection
(1) or (2) that is prescribed for the purposes of this subsection, and that
contravention occurs on more than one day, or is continued for more
than one day, that person shall be deemed to have committed a separate
offence for each day on which the contravention occurs or is continued.
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Clause 32: Section 44 and the heading before it read
as follows:
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44. (1) The Minister may establish a committee, to be known as the
Railway Safety Consultative Committee, in this section referred to as
the ``Committee'', consisting of not fewer than two and not more than
four members who, in the opinion of the Minister, have special expertise
or special interests in matters of safe railway operations, plus eleven
other members as follows:
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(a) one member to represent the Minister;
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(b) one member to represent the Canadian National Railway
Company;
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(c) one member to represent Canadian Pacific Limited;
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(d) one member to represent VIA Rail Canada Inc.;
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(e) one member to represent the other railway companies to which
this Act applies;
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(f) one member to represent the shippers of rail freight traffic;
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(g) one member to represent the Federation of Canadian
Municipalities;
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(h) one member to represent the public; and
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(i) three members to represent organized railway labour, two of
whom shall represent the Canadian Railway Labour Association.
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(2) All members of the Committee shall be appointed by the
Minister, but the Minister shall not appoint a person as a member of the
Committee to represent a body referred to in paragraph (1)(b), (c), (d),
(g) or (i) otherwise than on the recommendation of that body.
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(3) A member of the Committee may, in writing, authorize a person
to attend meetings of the Committee in lieu of that member, as a
non-voting observer.
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(4) The Committee may, on its own initiative, and shall, at the request
of the Minister, advise and make recommendations to the Minister on
any matter affecting safe railway operations, and shall make to the
Minister at least one report annually on the activities of the Committee.
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(5) Each member of the Committee, other than the Minister's
representative, holds office for a term not exceeding three years, and is
eligible for re-appointment.
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(6) Where a body referred to in paragraph (1)(b), (c), (d), (g) or (i)
advises the Minister, in writing, that the member of the Committee
appointed to represent that body should not continue to do so, the
Minister shall advise the member that that advice has been received,
whereupon that membership is terminated.
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(7) The member appointed to represent the Minister holds office
during the pleasure of the Minister.
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(8) Where a member of the Committee is unable to perform the
member's duties, the Minister may appoint a person to act in the place
of that member during the remainder of the term of that member's
appointment, subject to the requirement set out in subsection (2).
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(9) The member appointed to represent the Minister shall be the
Chairman of the Committee, and the Committee shall designate another
of its members to be the Secretary thereof.
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(10) The Committee shall meet at least once a year.
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(11) The Chairman of the Committee
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(a) may call a meeting of the Committee at any time; and
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(b) shall, at the request of any five members of the Committee, call
a meeting of the Committee to be held within ten days after the date
of the request.
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(12) The Committee may establish subcommittees and make rules
for the conduct of the Committee's affairs and for the recording of its
proceedings.
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(13) A member of the Committee not referred to in paragraphs (1)(a)
to (g) and (i) shall
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(a) where that member is not entitled to receive an allowance from
any person or organization in respect of attendance at meetings of the
Committee and the Minister determines that a daily allowance will
be paid pursuant to this paragraph, be paid a daily allowance in
respect of attendance at such meetings of such amount as is fixed by
the Minister; and
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(b) where that member is not entitled to receive travel and living
expenses from any person or organization in respect of service on the
Committee and the Minister determines that expenses will be paid
pursuant to this paragraph, be paid such reasonable travel and living
expenses as are incurred, while absent from the ordinary place of
residence of the member, in respect of such service.
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Clause 33: Section 46 reads as follows:
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46. Orders, emergency directives or notices of approval made or sent
by the Minister, rules filed under section 19 or 20 and approved by the
Minister, notices of exemption under subsection 22(2), notices referred
to in section 32, measures established under subsection 39(3), or orders
made by a railway safety inspector, shall be deemed not to be statutory
instruments for the purposes of the Statutory Instruments Act.
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Clause 34: New.
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Clause 35: Section 49 reads as follows:
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49. In the event of any inconsistency between any regulation made
under section 7, 18, 24, 36, 37 or 47 and any orders, rules or regulations
made pursuant to any other Act of Parliament, the regulations made
pursuant to this Act prevail to the extent of the inconsistency.
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Clause 36: Subsection 50(1) reads as follows:
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50. (1) Subject to subsection (2), a copy of each regulation that is
proposed to be made under section 7, 18, 24, 36, 37 or 47 shall be
published in the Canada Gazette at least ninety days before the
proposed effective date thereof, and a reasonable opportunity within
those ninety days shall be afforded to interested persons to make
representations to the Minister with respect thereto.
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