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This enactment amends the Railway Safety Act to authorize the Minister of Transport to order a company to construct a road crossing and to authorize the payment of a grant for that purpose.
Available on the Parliament of Canada Web Site at the following address:
R.S., c. 32 (4th Supp.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 The definition proponent in subsection 4(1) of the Railway Safety Act is replaced by the following:
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 under another Act or by an order made under section 32.01 or 32.02; (promoteur)
2 Subsection 12(1) of the Act is replaced by the following:
12 (1) If a proposed railway work
(a) would improve the safety 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,
(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, or
(c) consists of a road crossing to be constructed in accordance with an order issued under section 32.02,
the proponent may file an application with the Minister for a grant in respect of that proposed railway work.
3 The Act is amended by adding the following after section 32.01:
Order — road crossing
32.02 If the Minister considers it necessary in order to prevent or correct any situation likely to compromise railway safety or the safety or security of the public, the Minister may, by order sent to a company, require the company to construct a road crossing and to take any other corrective measures specified in the order.
4 Subsections 32.1(1) and (2) of the Act are replaced by the following:
Request for review
32.1 (1) A person to whom a notice that contains an order is sent under section 32, a company, road authority or municipality to which an order is sent under section 32.01 or a company to which an order is sent under section 32.02 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.
Time and place for review
(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01 or 32.02, the Tribunal shall do so without delay.
5 Section 32.3 of the Act is replaced by the following:
Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) 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) or (3.21) or section 32.01 or 32.02 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
6 Paragraph 41(2)(b) of the Act is replaced by the following:
(b) an order made by the Minister under subsection 7(2) or 19(1) or section 32, 32.01 or 32.02, or contained in a notice sent by a railway safety inspector under section 31;
Published under authority of the Speaker of the House of Commons