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Bill S-4

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1st Session, 41st Parliament,
60 Elizabeth II, 2011
senate of canada
BILL S-4
An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Safer Railways Act.
R.S., c. 32 (4th Supp.)
RAILWAY SAFETY ACT
1996, c. 10, s. 261
2. Subsection 2(2) of the Railway Safety Act is replaced by the following:
Application generally
(2) This Act applies in respect of railways that are within the legislative authority of Parliament.
Exceptions
(3) Despite subsection (2), this Act does not apply in respect of
(a) railways referred to in section 16 of the Harbour Commissions Act; or
(b) railways referred to in section 29 of the Canada Marine Act, except to the extent provided by regulations made under subsection 29(2) of that Act.
1999, c. 9, s. 1
3. Section 3 of the Act is replaced by the following:
Objectives
3. The objectives of this Act are to
(a) promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;
(b) encourage the collaboration and participation of interested parties in improving railway safety and security;
(c) recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and
(d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.
Minister’s responsibilities respecting railway safety
3.1 The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,
(a) promote railway safety and security by means that the Minister considers appropriate;
(b) provide facilities and services for the collection, publication or dissemination of information;
(c) undertake, and cooperate with persons undertaking, projects, technical research, study or investigation;
(d) inspect, examine and report on activities related to railway matters; and
(e) undertake other activities that the Minister considers appropriate or that the Governor in Council may direct.
1999, c. 9, s. 2(4)
4. (1) The definitions “organisation intéressée” and “système de gestion de la sécurité” in subsection 4(1) of the French version of the Act are replaced by the following:
« organisation intéressée »
relevant association or organization
« organisation intéressée » Association ou organisation formée pour représenter le personnel d’une compagnie de chemin de fer ou les propriétaires ou locataires de matériel ferroviaire utilisé sur les voies ferrées exploitées par une telle compagnie de chemin de fer, et classée par arrêté du ministre comme organisation intéressée par rapport à la compagnie.
« système de gestion de la sécurité »
safety management system
« système de gestion de la sécurité » Protocole visant la mise en oeuvre de la sécurité ferroviaire dans l’exploitation ferroviaire courante et intégrant les responsabilités et les pouvoirs au sein d’une compagnie, les règles, les procédures, les processus de surveillance et d’évaluation auxquels elle est assujettie ainsi que les objectifs en matière de sécurité, de rendement des mécanismes de contrôle d’application et d’évaluation des risques.
(2) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:
“company”
« compagnie »
“company” means a railway company or a local railway company;
“fatigue science”
« science de la fatigue »
“fatigue science” means a scientifically based, data-driven and systematic method used to measure and manage human fatigue;
“highest level of safety”
« niveau de sécurité le plus élevé »
“highest level of safety” means the lowest acceptable level of risk as demonstrated by a risk management analysis;
“local railway company”
« compagnie de chemin de fer locale »
“local railway company” means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway;
“railway”
« chemin de fer »
“railway” means a railway within the legislative authority of Parliament and includes
(a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, and
(b) communications or signalling systems and related facilities and equipment used for railway purposes;
“railway company”
« compagnie de chemin de fer »
“railway company” means a person that constructs, operates or maintains a railway;
1996, c. 10, s. 263(2)
(3) Subsection 4(2) of the Act is repealed.
2001, c. 29, s. 64(2)
(4) Subsection 4(5) of the Act is replaced by the following:
Filing or sending notices and documents
(5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must be
(a) in the case of an individual, by personal service, by facsimile or by mailing it by registered mail to the person’s latest known address;
(b) in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; or
(c) in either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister.
5. The Act is amended by adding the following after section 4:
Inconsistencies with operating agreements
4.1 This Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them.
6. Section 6 of the Act is replaced by the following:
Agreements between Department and Agency
6. The Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it:
(a) the coordination of the activities of the Department of Transport and the Agency
(i) relating to the construction, alteration, operation or maintenance of railway works and railway equipment, or
(ii) in determining whether a person is constructing, operating or maintaining a railway; and
(b) procedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters.
Agreements with provincial ministers
6.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting
(a) railway safety and security and the safety aspects of railway crossings; or
(b) matters relating to the protection of the environment to which this Act applies.
Designation of body or person
(2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement.
Duties and powers
(3) The designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement.
Agreements with provincial authorities
6.2 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authority’s jurisdiction.
7. (1) Subsection 7(1) of the French version of the Act is replaced by the following:
Règlements normatifs en matière de construction et de modification
7. (1) Le gouverneur en conseil peut, par règlement, régir l’établissement de normes concernant la structure ou le rendement d’installations ferroviaires et applicables à la construction ou à la modification de celles-ci.
1999, c. 9, s. 3
(2) Subsection 7(3) of the Act is replaced by the following:
Application of certain provisions
(3) Section 19 and regulations made under section 20.2 apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to any obligation to consult.
1999, c. 9, s. 7
8. Section 11 of the Act is replaced by the following:
Sound engineering principles
11. (1) All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.
Engineering work
(2) All engineering work relating to railway works must be approved by a professional engineer.
9. The Act is amended by adding the following before the heading “Regulations” before section 18:
Prohibitions
10. The Act is amended by adding the following after the heading “Prohibitions”, as enacted by section 9:
Requirement for certificate
17.1 (1) No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.
Crossing maintenance
(2) Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.
11. (1) The Act is amended by adding the following before the heading “Regula- tions” before section 18:
Compliance with regulations and rules
17.2 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with the regulations and with the rules made in respect of the company under sections 19 and 20, except to the extent that the company is exempt from their application under section 22 or 22.1.
Crossing works
17.3 No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.
(2) Section 17.2 of the Act, as enacted by subsection (1), is replaced by the following:
Compliance with certificate, regulations and rules
17.2 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.
12. The Act is amended by adding the following after section 17.3:
Railway Operating Certificate
Issuance of certificate
17.4 (1) The Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.
Terms and conditions
(2) A railway operating certificate may contain any terms and conditions that the Minister considers appropriate.
Variation
(3) The Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.
Time limit
(4) A decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.
Suspension or cancellation
(5) The Minister may suspend or cancel a company’s railway operating certificate if the company has
(a) ceased to meet any of the prescribed conditions for obtaining the certificate;
(b) contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; or
(c) requested its suspension or cancellation.
Notice of decision
17.5 (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).
Contents of notice
(2) The notice of decision shall specify
(a) the grounds of the Minister’s decision; and
(b) the address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.
Effective date of decision
(3) The effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.
Request for review
17.6 (1) A person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.
Effect of request
(2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.
Exception
(3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.
Time and place for review
17.7 (1) On receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.
Review procedure
(2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Determination
(3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.
Effect of decision pending reconsideration
(4) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.
Right of appeal
17.8 (1) Within thirty days after a determination made under subsection 17.7(3) by a member of the Tribunal, the person or company affected by the determination may appeal it to the Tribunal.
Effect of request
(2) A request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.
Exception
(3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.
Loss of right of appeal
(4) A person or company that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal
(5) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
Effect of decision pending reconsideration
(6) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (5), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 17.4(5) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to railway safety.
Regulations
17.9 (1) The Governor in Council may make regulations
(a) respecting conditions to be met for the issuance of a railway operating certificate;
(b) respecting the form and content of applications for railway operating certificates and the process for obtaining a certificate or the variation of one; and
(c) exempting any class of persons from the application of section 17.1.
Application
(2) A regulation made under this section may be general or applicable to a group or class of persons or companies.
13. (1) Paragraph 18(1)(a) of the French version of the Act is replaced by the following:
a) régir toute question — notamment en matière de rendement — concernant l’exploitation ou l’entretien des lignes de chemin de fer, ou la conception, la construction, la modification, l’exploitation ou l’entretien de matériel ferroviaire;
(2) Paragraphs 18(1)(c) and (d) of the Act are replaced by the following:
(c) respecting the following matters, to the extent that 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,
(v) the establishment of support programs for those persons and standards applicable to such programs, and
(vi) the establishment of a scheme for licensing those persons; and
(d) respecting the prevention and control of fires on railway works.
(3) Section 18 of the Act is amended by adding the following after subsection (2.1):
Application
(2.2) A regulation made under this section may be general or applicable to a group or class of persons or companies.
1999, c. 9, s. 12
(4) Subsection 18(3) of the French version of the Act is replaced by the following:
Incompatibilité
(3) Les dispositions des règlements pris par le gouverneur en conseil sous le régime des paragraphes (1) ou (2.1) annulent les dispositions incompatibles des règles approuvées par le ministre aux termes des articles 19 ou 20 relativement à une compagnie particulière.
1999, c. 9, ss. 13 to 16
14. (1) Sections 19 to 22.1 of the Act are replaced by the following:
Formulation or revision of rules
19. (1) The Minister may, by order, require a 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.
Company to consult
(2) A company shall not file rules with the Minister under subsection (1) unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the implementation of the rules; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.
Notice to accompany rules
(3) When rules are filed with the Minister by a company pursuant to an order under subsection (1), the company shall, by notice filed with those rules, identify each association or organization or any railway company that was consulted and attach a copy of any objection that is made by any of them on grounds of safety.
Consideration of rules
(4) After rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall consider, without delay, whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the company and the views of each relevant association or organization or any railway company 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 shall, before the expiration of the assessment period in relation to those rules,
(a) if the Minister is so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or
(b) if the Minister is not so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.
Request for amendment to terms and conditions
(4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend the terms and conditions specified under paragraph (4)(a), and shall send a copy of the request to
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the amendment to the terms and conditions; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the amendment to the terms and conditions.
Amendments
(4.2) After receiving a request from a company under subsection (4.1), the Minister may amend the terms and conditions and, in that case, shall provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection (4.1).
Minister may seek advice
(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.
Effective date of rules
(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.
Revision of rules
(6) If the Minister notifies a company that the Minister refuses to approve rules filed by the company in respect of a matter pursuant to an order under subsection (1),
(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 further rules as if the order made pursuant to subsection (1) 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 any modifications that the circumstances require.
Failure to file rules
(7) If, in respect of a matter, a company fails to file rules pursuant to an order under subsection (1), or a company files rules pursuant to an order under subsection (1) but the Minister refuses to approve those rules, the Minister may, by order, establish rules in respect of that matter.
Consultation
(8) The Minister may not, under this section, establish rules applying to a company unless the Minister
(a) has given, during a period of sixty days, a reasonable opportunity for consultation with the Minister on the rules to that company and
(i) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules, and
(ii) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules; and
(b) has considered any objection, on grounds of safety, to the establishment of the rules that is made in the course of that consultation.
Rules established by Minister
(9) Rules established by the Minister under subsection (7) in relation to a company have the same effect as if they had been formulated by the company and approved by the Minister under subsection (4).
Definition of “assessment period”
(10) Subject to subsection (11), 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 after the day on which the rules are filed; or
(b) if, before the expiration of that period of sixty days, the Minister determines that, by reason of the complexity of the rules or the number of rules filed or for any other reason, it will not be feasible to consider the rules within that period, and so notifies the company concerned, any greater period that the Minister specifies in the notice.
Period of inquiry not part of assessment period
(11) If, 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.
Formulation or revision of rules
20. (1) A 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.
Consultation
(2) A company may not file rules with the Minister under subsection (1) unless it has first given a reasonable opportunity during a period of sixty days for consultation with it concerning the rules,
(a) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules; or
(b) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.
Rules to be accompanied by notice
(3) Rules filed with the Minister by a company pursuant to subsection (1) shall be accompanied by a notice
(a) setting out the reasons why the company proposes to formulate or revise the rules; and
(b) identifying any relevant association or organization or any railway company that objects, on grounds of safety, to the implementation of those rules and attaching a copy of the notice of objection.
Application of certain provisions
(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).
Third party
20.1 A third party may act for and on behalf of a company in all matters relating to the formulation or revision of standards or rules under sections 7, 19 and 20.
Regulations — formulation of rules
20.2 (1) The Governor in Council may make regulations respecting the process for the formulation or revision of rules applicable to companies and for the amendment of their terms and conditions.
Application
(2) A regulation made under subsection (1) may be general or applicable to a group or class of companies.
Miscellaneous Provisions Relating to Regulations and Rules
Uniformity of rules
21. In establishing, under section 19 or 20, rules applying to a particular company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular 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 companies.
Exemption by order in council
22. (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,
(a) exempt a specified 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).
Exemption by Minister
(2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,
(a) exempt a specified 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).
Sending of notices
(3) A notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.
Application
(4) A 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.
Company to consult
(5) A company may not apply for an exemption under subsection (4) unless it has first given
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption, and
(b) in the case of a local railway company, any railway company on whose line the local railway company operates railway equipment and 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 received comments from all those associations and organizations or from that railway company, as the case may be.
Copy of comments
(6) The company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.
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.
Other exemptions
22.1 (1) A company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption 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 for a period of up to six months.
Notice
(2) A notice under subsection (1) shall be filed with the Minister and
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.
Objections
(3) Each of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.
Minister’s decision
(4) The Minister may
(a) within twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;
(b) within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; or
(c) within thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.
Effective date
(5) An exemption is effective if
(a) the company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;
(b) no objections are confirmed by the Minister under paragraph (4)(a);
(c) the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; or
(d) the Minister does not deny the exemption under paragraph (4)(c).
(2) Subsections 19(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:
Manner of making rules
(2) A company shall comply with the regulations made under section 20.2 in the formulation and filing of its rules.
(3) Subsections 19(4) to (4.2) of the Act, as enacted by subsection (1), are replaced by the following:
Consideration of rules
(4) If rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall without delay consider whether, in the Minister’s opinion, those rules are conducive to safe railway operations by the company — having regard to current railway practice, to the views of the company and each person that the company was required by the regulations to consult on the rules, and to any other factor that the Minister considers relevant — and shall, 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 person whose views were considered that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or
(b) if the Minister is not so satisfied, notify the company and each person whose views were considered that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.
Request for amendment to terms and conditions
(4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend any terms or conditions specified under that subsection in accordance with the prescribed process.
Amendments
(4.2) After receiving a request from a company under subsection (4.1), the Minister may amend any terms or conditions specified under subsection (4) and, in that case, shall provide a copy of the amendments to each person that the company was required by regulation to consult on the request for amendments.
(4) Paragraph 19(8)(a) of the Act, as enacted by subsection (1), is replaced by the following:
(a) has given, during a period of sixty days, a reasonable opportunity to consult with the Minister on the rules to that company and each person that the company would be required to consult if the rules were formulated by the company following an order made under subsection (1); and
(5) Subsections 20(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:
Manner of making rules
(2) A company shall comply with the regulations made under section 20.2 in the formulation and revision of its rules.
1999, c. 9, s. 17
15. Section 23 of the Act is repealed.
1994, c. 15, s. 1(F)
16. (1) Paragraph 24(1)(f) of the Act is replaced by the following:
(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 employees or agents or mandataries of the railway company concerned, or of the local railway company authorized to operate railway equipment on the railway — or by vehicles or animals, if their presence on that land would constitute a threat to safe railway operations;
(2) Subsection 24(2) of the French version of the Act is replaced by the following:
Dommages- intérêts
(2) La compagnie de chemin de fer exploitant la voie ferrée contiguë à un terrain paie au propriétaire, au locataire ou à l’occupant de celui-ci ou des bâtiments ou autres ouvrages qui y sont situés, ou au propriétaire des mines ou autres installations qui y sont exploitées, les dommages-intérêts entraînés par l’application des règlements pris sous le régime du présent article, convenus entre elle et le propriétaire, le locataire ou l’occupant ou, à défaut d’entente, fixés aux termes de l’article 26.
1999, c. 9, s. 20(1)
17. (1) Subsection 25(1) of the English version of the Act is replaced by the following:
Entry onto land adjoining line of railway
25. (1) For the purpose of preventing a threat to safe railway operations on a line of railway or restoring safe railway operations on a line of railway, a railway company may enter onto any land adjoining the land on which the line of railway is situated
(a) at any time, in order to maintain or alter railway works or remove obstructions to them, if no other access to the line of railway is reasonably available, and remain on the land for as long as is necessary to accomplish that purpose;
(b) at any time, in order to deal with any fire occurring on either of those lands;
(c) at any reasonable time, on giving notice in writing of its intention to do so to the owner of the adjoining land, in order 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) at any time between November 1 and March 31, in order to install or maintain a snow fence.
1999, c. 9, s. 20(3)
(2) Subsections 25(2) and (3) of the French version of the Act are replaced by the following:
Enlèvement de paraneiges
(2) La compagnie de chemin de fer fait enlever les paraneiges au plus tard le 1er avril suivant la date de leur installation.
Dommages- intérêts
(3) La compagnie de chemin de fer ou l’autorité responsable du service de voirie qui exerce les pouvoirs prévus au présent article paie au propriétaire, au locataire ou à l’occupant concerné les dommages-intérêts entraînés par cet exercice et convenus entre elle et ceux-ci ou, à défaut d’entente, fixés aux termes de l’article 26. Cet exercice n’est cependant pas subordonné au paiement préalable des dommages-intérêts.
1999, c. 9, s. 20.1
18. Section 26.2 of the French version of the Act is replaced by the following:
Priorité aux trains
26.2 Les usagers de la route doivent, à tout franchissement routier, céder le passage au train dont l’approche a été adéquatement signalée.
1999, c. 9, s. 22
19. 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 the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.
Exercise of powers and duties
(1.1) When carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.
1999, c. 9, s. 23
20. 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 or maintenance of a railway or the operation of 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;
21. (1) Subsection 31(1) of the Act is replaced by the following:
Inspector may forbid or restrict use of unsafe works or equipment
31. (1) If a railway safety inspector is of the opinion that the standard of construction or maintenance of a line work or railway equipment of a 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 for it; 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.
1999, c. 9, s. 24(1)
(2) Subsection 31(2) of the French version of the Act is replaced by the following:
Interdiction d’usage pour mauvais état d’ouvrages de franchissement
(2) L’inspecteur transmet au responsable de l’entretien d’ouvrages de franchissement un avis pour l’informer de son opinion et des motifs de celle-ci, lorsqu’il estime que les normes de construction ou d’entretien de ceux-ci risquent de compromettre la sécurité ferroviaire; il transmet aussi l’avis à la compagnie de chemin de fer concernée. S’il est convaincu que le risque est imminent, il peut en outre ordonner au responsable ou à la compagnie de chemin de fer, pour ce qui est de l’ouvrage de franchissement en cause, d’empêcher son utilisation ou de faire en sorte qu’il ne soit utilisé qu’à certaines conditions, tant que le risque ne lui paraîtra pas écarté.
1999, c. 9, s. 24(1)
(3) Subsection 31(3) of the Act is replaced by the following:
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 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 specified terms and conditions, unless it is operated so as to remove the threat, to the inspector’s satisfaction.
1999, c. 9, s. 24(2)
(4) Subsections 31(6) and (7) of the English version of the Act are replaced by the following:
Copies of certain notices to be served on supervisor
(6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is directly responsible for the works or equipment concerned or, in the absence of that supervisor, to the employee who is at that time in charge of the works or equipment concerned.
Effect of order
(7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.
1999, c. 9, s. 24(3)
(5) Subsection 31(10) of the English version 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 company or other person to whom the original notice was sent receives a notice of the alteration or revocation.
2001, c. 29, s. 67
22. Subsection 31.1(1) of the Act is replaced by the following:
Request for review of order of railway safety inspector
31.1 (1) A person 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.
2001, c. 29, s. 67
23. Section 31.5 of the English version of the Act is replaced by the following:
When alteration or revocation effective
31.5 An alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.
1999, c. 9, s. 25
24. Subsections 32(3) and (3.1) of the Act are replaced by the following:
Contravention of regulations under section 24
(3) If 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 for it, 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 any action that is necessary to remove the threat; and
(b) by notice sent to the railway company concerned,
(i) shall inform the railway company of that opinion and of the reasons for it, and
(ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to safe railway operations, order the railway 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).
Safety management system deficiencies
(3.1) If the Minister is of the opinion that the safety management system established by a 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.
2001, c. 29, s. 69
25. Subsection 32.1(1) of the Act is replaced by the following:
Request for review
32.1 (1) A person 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.
2001, c. 29, s. 69
26. Section 32.5 of the English version of the Act is replaced by the following:
When alteration or revocation effective
32.5 An alteration or revocation under section 32.4 has effect when the company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation.
1999, c. 9, s. 26(1)
27. (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 railway transportation, the Minister may, by emergency directive sent to a company, order it
(a) either absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or 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 failure to follow that practice.
1999, c. 9, s. 26(2)
(2) Subsections 33(4) to (6) of the English version of the Act are replaced by the following:
Minister may rescind emergency directives
(4) The Minister may, by notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect.
Inconsistency between emergency directives, regulations, rules or orders
(5) In the event that 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.
Minister may renew emergency directives
(6) The Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, if the Minister does so, this section, except this subsection, applies to the directive as renewed.
28. Subsection 34(2) of the English version of the Act is replaced by the following:
Orders of railway safety inspectors
(2) For the purpose of enabling an order contained in a notice served on a 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 after that has effect as an order of the Minister.
1999, c. 9, s. 27
29. (1) Subsection 35(2) of the French version of the Act is replaced by the following:
Avertissement médical
(2) Le médecin ou l’optométriste qui a des motifs raisonnables de croire que son patient occupe un tel poste doit, si à son avis l’état de l’intéressé risque de compromettre cette sécurité, en informer sans délai, par avis écrit motivé, tout médecin ou optométriste désigné par la compagnie de chemin de fer, après avoir pris des mesures raisonnables pour en informer d’abord son patient. Le patient est présumé avoir consenti à cette communication et une copie de l’avis lui est transmise sans délai.
(2) Subsection 35(4) of the French version of the Act is replaced by the following:
Utilisation des renseignements
(4) La compagnie de chemin de fer peut faire, des renseignements communiqués aux termes du paragraphe (2), l’usage qu’elle estime nécessaire pour la sécurité ferroviaire.
1999, c. 9, s. 29
30. Section 37 of the Act is replaced by the following:
Power to require information
36. The Minister may order that a company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Act and with the regulations, rules, orders, standards and emergency directives made under this Act.
Maintenance and production of safety records
37. (1) The Governor in Council may make regulations
(a) respecting the keeping and preservation by each 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 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.
Application
(2) A regulation made under this section may be general or applicable to a group or class of companies.
31. The Act is amended by adding the following after section 40:
Administrative Monetary Penalties
40.1 The Governor in Council may, by regulation,
(a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22,
(i) any provision of this Act or the regulations, or
(ii) any rule, standard, order or emergency directive made under this Act; and
(b) prescribe the maximum amount payable for each violation, not to exceed
(i) $50,000, in the case of an individual, and
(ii) $250,000, in the case of a corporation.
Designation of enforcement officers
40.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers.
Certification of enforcement officers
(2) Every person designated as an enforcement officer under subsection (1) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.
Entry
(3) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the construction or operation of a railway or the operation of railway equipment.
Production of documents
(4) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to that determination.
Assistance to enforcement officers
(5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act.
Notices of violation
40.12 The Minister may establish the form and content of notices of violation.
Violation
40.13 (1) Every person who contravenes a provision designated under paragraph 40.1(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 40.1(b).
Continuing violation
(2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
How contraventions may be proceeded with
(3) If a contravention of a provision designated under paragraph 40.1(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other.
Nature of violation
(4) For greater certainty, a violation is not an offence and accordingly section 126 of the Criminal Code does not apply in respect of a violation.
Issuance of notice of violation
40.14 When a person designated by the Minister under subsection 40.11(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out
(a) the penalty for the violation that the person is liable to pay; and
(b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.
Payment of specified amount precludes further proceedings
40.15 If a person served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention and no further proceedings under this Act shall be taken against the person in respect of that contravention.
Request for review of determination
40.16 (1) A person served with a notice of violation that wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.
Time and place for review
(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.
Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Burden of proof
(4) The Minister has the burden of establishing that a person has committed a violation.
Person not compelled to testify
(5) A person alleged to have committed a violation is not required to give evidence.
Failure to pay
40.17 A person that fails to pay the amount of the penalty specified in a notice of violation within the specified time and that does not file a request for a review is deemed to have committed the contravention alleged in the notice.
Determination by Tribunal member
40.18 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation
(a) that the person has not committed a violation, in which case, subject to section 40.19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or
(b) that the person has committed a violation and, subject to any regulations made under paragraph 40.1(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid.
Right of appeal
40.19 (1) Within 30 days after a determination is made under section 40.18, the Minister or the person to whom it applies may appeal from the determination to the Tribunal.
Loss of right of appeal
(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal
(3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination.
Finding of violation
(4) If the appeal panel finds that a person has committed a violation, the panel shall without delay inform the person and the Minister of the finding and, subject to any regulations made under paragraph 40.1(b), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation.
Certificate
40.2 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required,
(a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 40.16;
(b) to pay an amount determined under paragraph 40.18(b) or file an appeal under section 40.19; or
(c) to pay an amount determined under subsection 40.19(4).
Registration of certificate
40.21 (1) On production in any superior court, a certificate issued under section 40.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate.
Recovery of costs and charges
(2) All reasonable costs and charges attend- ant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1).
Amounts received deemed public moneys
(3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.
Time limit for proceedings
40.22 Proceedings in respect of a violation may not be instituted later than 12 months after the time when the subject matter of the proceedings arose.
32. (1) Subsection 41(1) of the Act is replaced by the following:
Contravention of provision of Act
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 one million dollars, and
(ii) in the case of an individual, to a fine not exceeding fifty 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 five hundred thousand dollars, and
(ii) in the case of an individual, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months, or to both.
(2) Subsection 41(2) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) a railway operating certificate issued under section 17.4; or
(h) an order made under section 36.
1999, c. 9, s. 31
(3) Subsection 41(2.1) of the Act is replaced by the following:
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 one million dollars; and
(b) in the case of an individual, to a fine of not more than fifty thousand dollars or to imprisonment for a term of not more than six months, or to both.
2007, c. 19, s. 54
33. Section 44 of the French version of the Act is replaced by the following:
Nomination
44. (1) Tout juge d’une cour supérieure peut nommer un agent de police chargé de faire observer la partie III de la Loi sur les transports au Canada, ainsi que les autres lois fédérales ou les lois provinciales touchant la protection des biens qu’administre ou possède la compagnie de chemin de fer, ou dont elle est propriétaire, ou la protection de personnes ou de biens se trouvant en des lieux qu’elle administre ou possède ou dont elle est propriétaire.
Restriction
(2) La nomination ne peut se faire que sur demande de la compagnie de chemin de fer qui administre ou possède des biens, ou en est le propriétaire, dans le ressort où le juge a compétence.
Compétence de l’agent de police
(3) L’agent de police exerce sa compétence sur les biens que la compagnie de chemin de fer administre ou possède ou dont elle est propriétaire, ainsi qu’en tout lieu se trouvant dans un rayon de cinq cents mètres de ceux-ci.
Pouvoirs de l’agent de police
(4) L’agent de police peut amener toute personne inculpée d’une infraction créée par la partie III de la Loi sur les transports au Canada ou par toute autre loi visée au paragraphe (1) devant un tribunal ayant compétence dans le ressort où sont situés des biens que la compagnie de chemin de fer administre ou possède ou dont elle est propriétaire, indépendamment du lieu d’arrestation ou du lieu, réel ou présumé, de perpétration.
Compétence du tribunal
(5) Le tribunal statue sur le cas comme si l’inculpé avait été arrêté dans son ressort et y avait commis l’infraction, sauf si le lieu présumé de perpétration est situé à l’extérieur de la province.
Destitution ou licenciement
(6) Tout juge visé au paragraphe (1) ou la compagnie de chemin de fer peut destituer ou licencier l’agent de police, ce qui met fin à l’exercice des attributions qui lui sont conférées aux termes du présent article.
2007, c. 19, s. 54
34. Subsection 44.1(2) of the French version of the Act is replaced by the following:
Dépôt
(2) La compagnie de chemin de fer dépose auprès du ministre un double de la procédure. Elle met en oeuvre les recommandations de celui-ci, notamment celles concernant les moyens de porter à la connaissance du public l’existence de la procédure.
35. Section 46 of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) railway operating certificates issued under section 17.4 and notices of decision given under section 17.5; or
(h) orders made under section 36.
36. The heading before section 47 of the Act is replaced by the following:
Regulations — General
1999, c. 9, s. 34
37. Section 47.1 of the Act is replaced by the following:
Regulations — safety management systems
47.1 (1) The Governor in Council may make regulations respecting safety management systems including, but not limited to, regulations respecting
(a) the establishment by companies of safety management systems that include
(i) the identification of an executive who is
(A) responsible for operations and activities of a company, and
(B) accountable for the extent to which the requirements of the safety management system have been met,
(ii) the implementation, as a result of a risk management analysis, of the remedial action required to maintain the highest level of safety,
(iii) the continuous monitoring and regular assessment of the level of safety achieved,
(iv) in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to the Transportation Safety Board or Transport Canada by employees of contraventions of this Act or of any regulations, rules, certificates, orders or emergency directives under this Act relating to safety, or of other safety concerns, and
(v) in the case of a railway company, the involvement of employees and their collective bargaining agents in the ongoing operation of the safety management system;
(b) the development and implementation of safety management systems by companies, including the involvement of employees and their collective bargaining agents in the case of railway companies; and
(c) the criteria to which the safety management system must conform as well as the components, including the principle of fatigue science applicable to scheduling, that must be included in a safety management system.
Release of pollutants
(2) The Governor in Council may make regulations respecting the release of pollutants into the environment from the operation of railway equipment by a railway company including, but not limited to, regulations respecting
(a) the keeping of records and information and their filing with the Minister; and
(b) the form and content of labels to be affixed to railway equipment and their placement on railway equipment.
Environmental management plan
(3) The Governor in Council may make regulations requiring a railway company to file with the Minister environmental management plans and compliance audits with respect to those plans.
Application
(4) A regulation made under this section may be general or applicable to a group or class of companies.
Ministerial regulations — fees and charges
47.2 (1) The Minister may make regulations prescribing any fees or charges, or determining the manner of calculating any fees or charges, to be paid
(a) for services or the use of facilities provided by the Minister in the administration of this Act; or
(b) in relation to the filing of documents and the making of applications for and the issuance of certificates, exemptions, licences or approvals under this Act.
Limitation
(2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay fees or charges.
Application
(3) A regulation made under this section may be general or applicable to a group or class of companies.
Review by House of Commons committee
47.3 (1) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.
Review by Senate committee
(2) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.
38. Section 51 of the Act is replaced by the following:
Statutory review
51. (1) The Minister shall, not later than five years after the day on which this section comes into force, appoint one or more persons to carry out a comprehensive review of the operation of this Act.
Tabling of report
(2) The Minister shall have a report of the comprehensive review laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.




Explanatory Notes
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.