Bill C-58

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	(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.
	(2) Section 22 of the Act is amended by adding the following after subsection (3):
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.
	16. The Act is amended by adding the following after section 22:
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.
	17. Section 23 of the Act is replaced by the following:
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.
	18. The Act is amended by adding the following after section 23:
	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.
	19. (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 that paragraph:
	(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
	(2) Section 24 of the Act is amended by adding the following after subsection (1):
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.
1996, c. 10, s. 265	20. (1) The portion of subsection 25(1) of the Act before paragraph (b) is replaced by the following:
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;
	(2) Section 25 of the Act is amended by adding the following after subsection (1):
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.
	(3) Subsection 25(3) of the Act is replaced by the following:
Compensa- tion	(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.
	20.1 The Act is amended by adding the following after section 26.1:
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.
	*21. The heading ``Railway Safety Inspectors'' before section 27 of the Act is replaced by the following:*
	Railway Safety Inspectors and Screening Officers
	22. Subsection 27(1) of the Act is replaced by the following:
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.
	23. Paragraph 28(1)(a) of the Act is replaced by the following:
	(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;
	24. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
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.
	(2) Subsections 31(5) to (8) of the Act are replaced by the following:
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.
	(3) Subsection 31(10) of the Act is replaced by the following:
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.
	25. Subsection 32(4) of the Act is replaced by the following:
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.
When order effective	(4) An order contained in a notice to a person or railway company under subsection (1), (3) or (3.1) has effect when the person or railway company receives the notice.
	26. (1) Subsection 33(1) of the Act is replaced by the following:
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.

Bill C-58

Audible Warnings

Railway Safety Inspectors and Screening Officers