Railway Safety Act — R-4.2 10
Railway works for which Ministerial approval required 10 (1) Where (a) a proposed railway work departs from any applicable engineering standards, or (b) a proposed railway work is one in respect of which notice has been given under subsection 8(1) and, at the expiration of the period specified in that notice for the filing of objections, there is an outstanding objection, the proponent shall not undertake that work otherwise than in accordance with the terms of the Minister’s approval given under this section pursuant to a written request, filed with the Minister, for such approval. Request for approval before end of notice period (1.1) A request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent. Withdrawal of objection (1.2) A proposed railway work described in paragraph (1)(b) may be undertaken without the Minister’s approval if the outstanding objection is withdrawn. Material to accompany request for Minister’s approval (2) A request to the Minister for approval of a proposed railway work pursuant to subsection (1) must be accompanied (a) in all cases, by a plan of the work to which the request relates, which plan must include such drawings, specifications and other particulars as are prescribed; (b) where paragraph (1)(a) applies, by a statement setting out the manner in which the work departs from the applicable engineering standards and the reasons for such departure; and (c) where paragraph (1)(b) applies, by the response of the proponent to the outstanding objections. Consideration of requests for approval (3) On receipt of a request for approval of a proposed railway work under this section, the Minister shall, having regard to the material referred to in subsection (2) and any other factors that the Minister deems relevant, consider whether the proposed railway work is consistent with safe railway operations and shall, before the expiration of the assessment period, (a) if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are specified in the notice; or (b) if not satisfied that the work is consistent with safe railway operations, by notice (i) inform the proponent and any objecting party that the Minister refuses to approve the work and of the reasons why the Minister is not so satisfied, or (ii) direct the proponent to file with the Minister and any objecting party, within the period specified in the notice, such further particulars relating to the work as are specified in the notice. Late approval (4) Where a railway work has been undertaken without the required approval of the Minister having first been given, the Minister may nevertheless approve the work in accordance with this section. Minister may seek advice (5) The Minister may, in deciding whether to approve a proposed railway work, engage any person or organization having expertise in matters of safe railway operations to furnish advice to the Minister in relation to the matter. Further particulars (6) Where the proponent is directed to file further particulars pursuant to subparagraph (3)(b)(ii) and (a) fails to file the further particulars within the period referred to in that subparagraph, it shall be deemed to have withdrawn its request to the Minister for approval of the work; or (b) files the further particulars within the period referred to in that subparagraph, this Act shall thereupon have effect as if the request that the Minister approve the work had been filed only at the time when the further particulars were filed. Period for which approval in force (7) The Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration of (a) the pe