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Bill C-676

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C-676
Second Session, Forty-first Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
HOUSE OF COMMONS OF CANADA
BILL C-676
An Act to amend the Railway Safety Act (maintenance of railway works)

first reading, May 8, 2015

Mr. Blanchette

412267

SUMMARY
This enactment amends the Railway Safety Act in order to provide that a railway work that is designated as a historic place must be preserved in a way that enhances its beauty and historic character.

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2nd Session, 41st Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
house of commons of canada
BILL C-676
An Act to amend the Railway Safety Act (maintenance of railway works)
R.S., c. 32 (4th Supp.)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Railway Safety Act is amended by adding the following after section 17.3:
Historic Place
Preservation
17.31 If a railway work is designated as a historic place under the Historic Sites and Monuments Act, the work must be preserved in a way that enhances its beauty and historic character.
2. (1) Section 32 of the Act is amended by adding the following after subsection (1):
Maintenance of historic place
(1.1) If, in the opinion of the Minister, a railway work referred to in section 17.31 is not being maintained in accordance with the requirements of that section, the Minister may
(a) by notice sent to the person responsible for the work, order the person to take the necessary measures to paint, repair, alter or clean the work; and
(b) if a person fails to comply, take the measures mentioned in the order or any other measure in respect of that work, or have those measures taken. The measures are taken at the expense of the person responsible.
(2) Subsection 32(4) of the Act is replaced by the following:
Contents of notice
(4) An order contained in a notice under subsection (1), (1.1), (3) or (3.1) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.
3. Section 32.3 of the Act is replaced by the following:
Stay of order
32.3 If a request for review is filed, an order made under subsection 32(1), (1.1) or (3.1) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or reconsideration by the Minister under subsection 32.1(5) or 32.2(3).
Published under authority of the Speaker of the House of Commons