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Bill C-58

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(2) Subsection 33(5) of the Act is replaced by the following:

Inconsistency between emergency directives, regulations, rules or orders

(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 (2.1) or a rule in force under section 19 or 20, the emergency directive prevails to the extent of the inconsistency.

27. Subsections 35(1) and (2) of the Act are replaced by the following:

Medical examination

35. (1) A person who holds a position that is declared by regulations 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 medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20.

Physician or optometrist to disclose potentially hazardous conditions

(2) If 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 their opinion the patient has a condition that is likely to pose a threat to safe railway operations,

    (a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and

    (b) without delay send a copy of that notice to the patient,

and the patient is deemed to have consented to the disclosure required by paragraph (a).

28. Section 36 of the Act is repealed.

29. Section 37 of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) respecting notification to the Minister by railway companies of information suitable for monitoring safety performance or predicting potential changes in levels of safety, including information about any accident or incident associated with railway safety or any situation that could have a detrimental impact on safety performance.

30. Section 39 of the Act and the heading before it are replaced by the following:

Security

Screening before boarding

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, if so required,

    (a) the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; and

    (b) no person shall take the goods, or have them placed, on board the railway equipment or in the restricted area unless the goods have undergone the authorized screening.

Screening after boarding or in restricted areas

(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,

    (a) the officer may order the person to leave the railway equipment or restricted area and to remove from it any goods that the person took or had placed there; and

    (b) the person shall leave the railway equipment or restricted area and remove or permit the removal of the goods immediately or, if the railway equipment is moving, at the first reasonable opportunity.

Unaccompa-
nied goods

(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.

False or misleading information

(4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer.

Operators to post notices

(5) When authorized screening is required or authorized under this Act 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

    (a) authorized screening is being carried out;

    (b) no person is obliged to undergo authorized screening of their person if they choose not to board the railway equipment or enter a restricted area; and

    (c) no person is obliged to permit authorized screening of their goods if they choose not take the goods or have them placed on board the railway equipment or in the restricted area.

Placement and languages of notices

(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.

Minister may formulate security measures

39.1 (1) The Minister may formulate measures respecting the security of railway transportation.

Requirement to carry out measures

(2) The Minister may, by notice in writing, require or authorize a railway company to carry out any of those security measures.

Exemption by Minister

(3) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of a 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.

Disclosure of security documents

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

    (a) authorized by the Minister;

    (b) ordered by a court or other body under subsection (3);

    (c) required by law; or

    (d) necessary to give effect to the document.

Court or other body to inform Minister

(2) If a request is made for the production or discovery of the security document in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shall

    (a) notify the Minister of the request, if the Minister is not a party to the proceeding; and

    (b) examine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it.

Order for production and discovery

(3) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body

    (a) shall order the production and discovery of the security document, subject to any restrictions or conditions that the court or other body considers appropriate; and

    (b) may require any person to give evidence relating to the document.

31. Subsections 41(2) and (3) of the Act are replaced by the following:

Contraven-
tion of regulations, orders, etc.

(2) A person is guilty of an offence if the person contravenes

    (a) a regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1;

    (b) an order made by the Minister or a railway safety inspector under subsection 7(2) or 19(1) or section 31 or 32;

    (c) a requirement made by the Agency under subsection 16(3) or 26(3);

    (d) a rule in force under section 19 or 20;

    (e) an emergency directive made by the Minister under section 33; or

    (f) a requirement under subsection 39.1(2) to carry out a security measure.

Punishment

(2.1) A person who is guilty of an offence under subsection (2) is liable on summary conviction

    (a) in the case of a corporation, to a fine of not more than $100,000; and

    (b) in the case of an individual, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Continuing offences

(3) If a person commits a contravention described in subsection (1) or (2) that occurs on more than one day, or is continued for more than one day, the person is deemed to have committed a separate offence for each day on which it occurs or is continued.

Venue

(3.1) Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Joinder of complaints

(3.2) The judge who hears, tries or determines the complaint or information may, at the request of the accused, join it with others of the same type against the accused, even if the matter of the complaints or informations did not arise in the same territorial jurisdiction, and hear them under the same procedure.

32. Section 44 of the Act and the heading ``Railway Safety Consultative Committee'' before it are repealed.

33. Section 46 of the Act is replaced by the following:

Ministerial orders, etc., not statutory instruments

46. The following are not statutory instruments for the purposes of the Statutory Instruments Act:

    (a) orders made by the Minister under subsection 7(2) or 19(1);

    (b) standards, rules or notices of approval made, filed or sent under subsection 7(2) or (2.1) or section 19 or 20;

    (c) notices of exemption under subsection 22(2);

    (d) orders and notices sent under section 31 or 32;

    (e) emergency directives made by the Minister under section 33; or

    (f) security measures formulated under subsection 39.1(1).

34. The Act is amended by adding the following after section 47:

Regulations - safety management systems

47.1 (1) The Governor in Council may make regulations respecting the development and implementation of safety management systems by railway companies, including the criteria to which the safety management systems must conform.

Regulations - protection of the environment

(2) The Governor in Council may make regulations restricting or otherwise governing the release of pollutants into the environment from the operation of railway equipment.

35. Section 49 of the Act is replaced by the following:

Safety regulations prevail

49. A regulation made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1, or a rule in force under section 19 or 20, prevails over an order, rule or regulation made under any other Act of Parliament to the extent of any inconsistency between them.

36. Subsection 50(1) of the Act is replaced by the following:

Publication of proposed regulations

50. (1) Subject to subsection (2), a copy of each regulation that is proposed to be made under subsection 7(1) or section 7.1, 18, 24, 37, 47 or 47.1 shall be published in the Canada Gazette at least ninety days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those ninety days to make representations to the Minister with respect to the regulation.

Replacement of ``proposing party'' with ``proponent''

37. The English version of the Act is amended by replacing the expression ``proposing party'' with the word ``proponent'' in the following provisions:

    (a) subsection 8(3);

    (b) subsection 9(2);

    (c) subsections 10(1) to (3);

    (d) subsection 10(6);

    (e) paragraph 10(8)(b);

    (f) subsections 12(1) to (3);

    (g) subsections 13(1) and (2); and

    (h) subsection 17(1).

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