This enactment amends the Railway Safety Act to authorize the Minister of Transport to order a company to construct a road crossing and to authorize the payment of a grant for that purpose.

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:

proponent, in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed under another Act or by an order made under section 32.‍01 Insertion start or 32.‍02 Insertion end ; (promoteur)

Grants

12 (1)  Insertion start If Insertion end a proposed railway work

• (a) would improve the safety of a crossing at grade of a road and a line of railway Insertion start and that crossing has been in existence for public use for at least three years Insertion end ,

• (b) would cause or permit, in the interest of safe railway operations, the abandonment or relocation of a crossing at grade of a road and a line of railway and that crossing has been in existence for public use for at least three years, or

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  (c) consists of a road crossing to be constructed in accordance with an order issued under section 32.‍02,

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the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

Order — road crossing

32.‍02 If the Minister considers it necessary in order to prevent or correct any situation likely to compromise railway safety or the safety or security of the public, the Minister may, by order sent to a company, require the company to construct a road crossing and to take any other corrective measures specified in the order.

Request for review

32.‍1 (1) A person to whom a notice that contains an order is sent under section 32, a company, road authority or municipality to which an order is sent under section 32.‍01 Insertion start or a company to which an order is sent under section 32.‍02 Insertion end may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.

Time and place for review

(2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.‍01 Insertion start or 32.‍02 Insertion end , the Tribunal shall do so without delay.

Stay of order

32.‍3 If a request for review is filed, an order made under subsection 32(1), (3.‍1) or (3.‍2) 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) or (3.‍21) or section 32.‍01 Insertion start or 32.‍02 Insertion end shall not be stayed pending a review under section 32.‍1, an appeal under section 32.‍2 or a reconsideration by the Minister under subsection 32.‍1(5) or 32.‍2(3).

• (b) an order made by the Minister under subsection 7(2) or 19(1) or section 32, 32.‍01 Insertion start or 32.‍02 Insertion end , or contained in a notice sent by a railway safety inspector under section 31;