Bill S-4

Railway Safety Act

Clause 2: Existing text of subsection 2(2):

(2) This Act applies in respect of transport by railways to which Part III of the Canada Transportation Act applies.

Clause 3: Existing text of section 3:

3. The objectives of this Act are to

(a) promote and provide for the safety of the public and personnel, and the protection of property and the environment, in the operation of railways;

(b) encourage the collaboration and participation of interested parties in improving railway safety;

(c) recognize the responsibility of railway companies in ensuring the safety of their operations; and

(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety.

Clause 4: (1) Existing text of the definitions:

“relevant association or organization”, in relation to a railway company, means an association or organization that has been formed to represent the interests of

(a) persons employed by that railway company, or

(b) persons owning or leasing railway equipment that is used on lines of railway operated by that railway company

and that is declared by order of the Minister to be a relevant association or organization in relation to that railway company;

“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;

(2) New.

(3) Existing text of subsection 4(2):

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part III of the Canada Transportation Act.

(4) Existing text of subsection 4(5):

(5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, a notice or document must be filed with, or sent to, a person

(a) in the case of an individual,

(i) by personal service, or

(ii) by mailing it by registered mail to the person’s latest known address;

(b) in the case of a body other than an individual, by mailing it by registered mail to the head office or any prescribed office of that body; or

(c) in either case, by any other means approved in writing by the Minister and subject to any conditions fixed by the Minister.

Clause 5: New.

Clause 6: Existing text of section 6:

6. The Minister may enter into agreements with the Agency

(a) providing for the coordination of the activities of the Department of Transport and the Agency relating to the construction, alteration, operation or maintenance of railway works and railway equipment, and

(b) providing for procedures to be followed by the Department and the Agency in the event that conflicting interests arise between them during their activities with respect to such matters,

and the Minister may, in consultation with the Agency, take such action as is necessary to ensure that the terms of any such agreement are disclosed to any railway company or other person likely to be affected by the agreement.

Clause 7: (1) Existing text of subsection 7(1):

7. (1) The Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards.

(2) Existing text of subsection 7(3):

(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.

Clause 8: Existing text of section 11:

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.

Clause 9: New.

Clause 10: New.

Clause 11: (1) New.

Clause 12: New.

Clause 13: (1) and (2) Relevant portion of subsection 18(1):

18. (1) The Governor in Council may make regulations

(a) respecting the operation or maintenance of line works, and the design, construction, alteration, operation and maintenance of railway equipment, which regulations may embrace, among other things, performance standards;

...

(c) respecting the following matters, in so far as they relate to safe railway operations, in relation to persons employed in positions referred to in paragraph (b):

(i) the training of those persons, both before and after appointment to those positions,

(ii) hours of work and rest periods to be observed by those persons,

(iii) minimum medical, including audiometric and optometric, standards to be met by those persons,

(iv) the control or prohibition of the consumption of alcoholic beverages and the use of drugs by those persons, and

(v) the establishment of support programs for those persons and standards applicable to such programs; and

(d) respecting the establishment of a scheme for licensing persons employed in positions referred to in paragraph (b), and prescribing the fees for the licences.

(3) New.

(4) Existing text of subsection 18(3):

(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.

Clause 14: (1) Existing text of sections 19 to 22.1:

19. (1) The Minister may, by order, require a railway company

(a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and

(b) within a specified period, to file the formulated or revised rules with the Minister for approval.

(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.

(3) Where rules are filed with the Minister by a railway company pursuant to an order under subsection (1) notwithstanding that a relevant association or organization objects, on the grounds of safety, to the implementation of those rules, the railway company shall, by notice filed with those rules, identify the association or organization and attach a copy of the notice of objection.

(4) Where rules are filed with the Minister by a railway company pursuant to an order under subsection (1), the Minister shall forthwith consider whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the railway company and the views of any relevant association or organization identified under subsection (3) and to any other factor that the Minister considers relevant, those rules are conducive to safe railway operations by the company, and, before the expiration of the assessment period in relation to those rules,

(a) if the Minister is satisfied that the rules are conducive to those operations, notify the company and each association or organization identified under subsection (3) that the Minister approves those rules, either absolutely or on such terms and conditions as are specified in the notice; or

(b) if the Minister is not satisfied that the rules are conducive to those operations, notify the company and each association or organization identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.

(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.

(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.

(5) The Minister may, in deciding whether to approve rules filed by a railway company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.

(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.

(6) Where a railway company files rules in respect of a matter pursuant to an order under subsection (1) and the Minister notifies the company that the Minister refuses to approve those rules,

(a) the company may, unless the Minister indicates in that notice an intention to establish rules in respect of that matter under subsection (7), formulate and file with the Minister for approval further rules in respect of that matter as if the order made pursuant to subsection (1) in respect of that matter had been made on the date of receipt by the company of the notice of refusal; and

(b) the provisions of this section apply in relation to those further rules, with such modifications as the circumstances require.

(7) Where

(a) a railway company fails to file rules pursuant to an order under subsection (1), or

(b) a railway company files rules pursuant to an order under subsection (1) but the Minister refuses under subsection (4) to approve those rules,

the Minister may, by order, establish rules in respect of the matter in relation to that company.

(8) The Minister shall not, under this section, establish rules applying to a particular railway company unless the Minister has

(a) given that company and each relevant association or organization a reasonable opportunity during a period of sixty days to consult with the Minister on the rules; and

(b) considered any objection, on the grounds of safety, to the establishment of the rules that is made in the course of that consultation.

(9) Rules established by the Minister under subsection (7) in relation to a railway company have the same effect as if they had been formulated by the company and approved by the Minister under subsection (4).

(10) In this section, “assessment period”, in relation to rules filed with the Minister under this section, means

(a) the period of sixty days commencing on the day on which the rules are filed; or

(b) if, before the expiration of the period mentioned in paragraph (a), the Minister determines that, by reason of the complexity of the rules, the number of rules filed or any other reason, it will not be feasible to consider the rules before the expiration of that period, and so notifies the railway company concerned, such period in excess of that period of sixty days as the Minister specifies in the notice.

(11) Where, pursuant to section 40, the Minister directs persons to conduct an inquiry respecting proposed rules, the period commencing on the day when the Minister so directs and ending on the day when the persons report back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.

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.

(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.

(3) Rules filed with the Minister by a railway company pursuant to subsection (1) shall be accompanied by a notice

(a) setting out the reasons why the railway company proposes to formulate or revise the rules; and

(b) if a relevant association or organization objects, on the grounds of safety, to the implementation of those rules, identifying the association or organization and attaching a copy of the notice of objection.

(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).

Miscellaneous Provisions Relating to Regulations and Rules under this Part

21. In establishing, under section 19 or 20, rules applying to a particular railway company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular railway company, the Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and practicable to do so, ensure that those rules are uniform with rules dealing with a like matter and applying to other railway companies.

22. (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

(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 (2.1) or of rules in force under section 19 or 20; or

(b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

(2) The Minister may, by notice, on any terms and conditions that are specified in the notice,

(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 (2.1) or of rules in force under section 19 or 20, or

(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.

(3) A notice under subsection (2) shall be sent to the railway company or person exempted by the notice and takes effect on receipt by that company or person.

(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.

(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.

(6) The railway company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations.

(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.

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).

(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.

(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.

Clause 15: Existing text of section 23:

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.

(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.

Clause 16: (1) Relevant portion of subsection 24(1):

24. (1) The Governor in Council may make regulations

...

(f) for restricting or preventing, by means of fences, signs or any other means, access to the land on which a line of railway is situated by persons, other than servants or agents of the railway company concerned, by vehicles, or by animals, where the presence of persons, vehicles or animals on that land would constitute a threat to safe railway operations;

(2) Existing text of subsection 24(2):

(2) Where the owner, lessee or occupier of land adjoining the land on which a line of railway is situated, the owner, lessee or occupier of any building or other structure erected on that adjoining land, or the owner of any mine or other works operated on that adjoining land, suffers a loss by reason of the operation of the regulations made under this section, the railway company operating that line of railway 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.

Clause 17: (1) Existing text of subsection 25(1):

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;

(b) the company may, at any time, enter onto any land adjoining the land on which the line of railway is situated for the purpose of dealing with any fire occurring on either of those lands;

(c) the company may, at any reasonable time, on giving notice in writing of its intention to do so to the owner of any land adjoining the land on which the line of railway is situated, enter onto that adjoining land 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); or

(d) the company may, at any time between November 1 and March 31, enter onto any land adjoining the land on which the line of railway is situated to install or maintain a snow fence.

(2) Existing text of subsections 25(2) and (3):

(2) A railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.

(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.

Clause 18: Existing text of section 26.2:

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.

Clause 19: Existing text of subsection 27(1):

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.

Clause 20: Relevant portion of subsection 28(1):

28. (1) A railway safety inspector may, at any time,

(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;

Clause 21: (1) and (2) Existing text of subsections 31(1) and (2):

31. (1) Where a railway safety inspector is of the opinion that the standard of construction or maintenance of a line work or railway equipment of a particular railway company poses a threat to safe railway operations, the inspector

(a) shall, by notice sent to the company, inform the company of that opinion and of the reasons therefor; and

(b) may, in the 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 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.

(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.

(3) Existing text of subsection 31(3):

(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.

(4) Existing text of subsections 31(6) and (7):

(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.

(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.

(5) Existing text of subsection 31(10):

(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.

Clause 22: Existing text of subsection 31.1(1):

31.1 (1) A person, including a railway company, who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.

Clause 23: Existing text of section 31.5:

31.5 An alteration or revocation under section 31.4 has effect when the railway company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.

Clause 24: Existing text of subsections 32(3) and (3.1):

(3) Where the Minister is of the opinion that a person has contravened a regulation made under section 24, the Minister

(a) by notice sent to the person,

(i) shall inform the person of that opinion and of the reasons therefor, and

(ii) may, if the Minister believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take such action as is necessary to remove the threat; and

(b) by notice sent to the railway company concerned,

(i) shall inform the company of that opinion and of the reasons therefor, and

(ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to the safe railway operations of that company, order the company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the Minister’s satisfaction, been taken by the person referred to in paragraph (a).

(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.

Clause 25: Existing text of subsection 32.1(1):

32.1 (1) A person, including a railway company, who is sent a notice under section 32 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.

Clause 26: Existing text of section 32.5:

32.5 An alteration or revocation under section 32.4 has effect when the railway company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.

Clause 27: (1) Existing text of subsection 33(1):

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.

(2) Existing text of subsections 33(4) to (6):

(4) The Minister may, by notice sent to the railway company, rescind an emergency directive, in which case the directive thereupon ceases to have effect.

(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.

(6) The Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the railway company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, where the Minister does so, this section, except this subsection, applies to the directive as renewed.

Clause 28: Existing text of subsection 34(2):

(2) For the purpose of enabling an order contained in a notice served on a railway company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order thereupon has effect as an order of the Minister.

Clause 29: (1) Existing text of subsection 35(2):

(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).

(2) Existing text of subsection 35(4):

(4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations.

Clause 30: Existing text of section 37:

37. The Governor in Council may make regulations

(a) respecting the keeping and preservation by each railway company of information, records and documents relevant to the safety of railway operations conducted by that company, including a complete set of the regulations, emergency directives, rules and orders made pursuant to this Act that are applicable to that company;

(b) respecting the filing with the Minister at the request of the Minister of information, records and documents kept and preserved pursuant to regulations made under paragraph (a); and

(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.

Clause 31: New.

Clause 32: (1) Existing text of subsection 41(1):

41. (1) Every person who contravenes a provision of this Act is guilty of an offence and liable

(a) on conviction on indictment,

(i) in the case of a corporation, to a fine not exceeding two hundred thousand dollars, and

(ii) in the case of an individual, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

(b) on summary conviction,

(i) in the case of a corporation, to a fine not exceeding one hundred thousand dollars, and

(ii) 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.

(2) Relevant portion of subsection 41(2):

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

(3) Existing text of subsection 41(2.1):

(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.

Clause 33: Existing text of section 44:

44. (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

(2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

(3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

(4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

(5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

(6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.

Clause 34: Existing text of subsection 44.1(2):

(2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

Clause 35: Relevant portion of section 46:

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

Clause 36: Existing text of the heading:

Regulations

Clause 37: Existing text of section 47.1:

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.

(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.

Clause 38: Existing text of section 51:

51. (1) The Minister shall, before the expiration of a period of five years after the coming into force of this section, establish a committee of not fewer than three nor more than five persons appointed by the Minister having expertise in matters affected by this Act to conduct a comprehensive review of the operation of this Act, which review shall, without limiting the generality of the foregoing, include an evaluation of the impact of this Act on the safety of railway operations and recommendations for such amendments to this Act as the committee considers appropriate.

(2) The committee has, for the purposes of carrying out its duties, the powers of a commissioner under Part I of the Inquiries Act and may, for those purposes, engage the services of such experts, professionals and other staff as it deems necessary or advisable at such rates of remuneration as the Treasury Board approves.

(3) The committee shall, not later than one year after the expiration of the period referred to in subsection (1), make a report to the Minister of its findings, evaluation and recommendations as referred to in that subsection, and the Minister shall cause a copy of the report to be laid before each House of Parliament within fifteen sitting days of that House after the report has been made to the Minister.