GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Safety Act — R-4.2 12
Grants relating to crossings at grade 12 (1) Where a proposed railway work (a) would improve the safety of a crossing at grade of a road and a line of railway, or (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, the proponent may file an application with the Minister for a grant in respect of that proposed railway work. Idem (2) Where a proposed railway work results, directly or indirectly, from an order of the Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would improve the safety of a crossing at grade of a road and a line of railway, the proponent may file an application with the Minister for a grant in respect of that proposed railway work. Time for applying for grant (3) The proponent may apply for a grant under this section only if (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10. Minister may authorize making of grant (4) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work. Terms and conditions of grant (5) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work. Maximum grant level (6) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister. Extended meaning of railway work (7) In this section, railway work includes the relocation of any portion of a public road. R.S., 1985, c. 32 (4th Supp.), s. 12; 1999, c. 9, s. 37(E)
Railway Safety Act — R-4.2 12.1
Agreements for closing road crossings 12.1 (1) The Minister may enter into an agreement with a person who has rights under Part III of the Canada Transportation Act , or otherwise, relating to a road crossing to close the crossing in the interest of safe railway operations. Grants relating to closing crossings (2) The agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person’s rights relating to the crossing are extinguished. 1999, c. 9, s. 8
Railway Safety Act — R-4.2 13
Grants for construction or alteration of grade separations 13 (1) Where a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work. Time for applying for grant (2) The proponent may apply for a grant under this section only if (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10. Minister may authorize making of grant (3) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work. Terms and conditions of grant (4) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work. Maximum grant level (5) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister. Definition of grade separation (6) In this section, grade separation means structures necessary to provide for (a) the passage of a public road under or over a line of railway; or (b) the passage of a line of railway under or over a public road. R.S., 1985, c. 32 (4th Supp.), s. 13; 1999, c. 9, s. 37(E)
Railway Safety Act — R-4.2 14
Grants for programs, studies, projects and works 14 (1) Where the Minister is satisfied that (a) a program or study related to education or research, (b) a project relating to the design, demonstration or evaluation of railway works or railway equipment, or (c) the construction of a work, other than (i) a railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway, (ii) a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, or (iii) a railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6), is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work. Terms and conditions of grant (2) In authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.
Railway Safety Act — R-4.2 15
Appropriation for grants 15 Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose. R.S., 1985, c. 32 (4th Supp.), s. 15; 1999, c. 9, s. 9
Railway Safety Act — R-4.2 17
Minister may simultaneously consider requests for grant and for section 10 approval 17 (1) Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time. (2) [Repealed, 1999, c. 9, s. 11] R.S., 1985, c. 32 (4th Supp.), s. 17; 1999, c. 9, ss. 11, 37(E)
Railway Safety Act — R-4.2 17.1
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. 2012, c. 7, s. 10
Railway Safety Act — R-4.2 17.2
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. 2012, c. 7, s. 11
Railway Safety Act — R-4.2 17.21
Compliance with engineering standards 17.21 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1. 2015, c. 31, s. 20
Railway Safety Act — R-4.2 17.3
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. 2012, c. 7, s. 11
Railway Safety Act — R-4.2 17.31
Recording instruments 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless (a) the railway equipment is fitted with the prescribed recording instruments; and (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects. Use or communication (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law. Prevention of recording, collection or preservation (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection. 2018, c. 10, s. 61
Railway Safety Act — R-4.2 17.4
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.5
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.6
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.7
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.8
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.9
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. 2012, c. 7, s. 12
Railway Safety Act — R-4.2 17.91
Companies — use of information 17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of (a) conducting analyses under section 13, 47 or 74 of the Railway Safety Management System Regulations, 2015 ; and (b) determining the causes and contributing factors of an accident or incident that the company is required to report under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate. Information randomly selected (2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations. Use — threat to safety of railway operations (3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations. Personal Information Protection and Electronic Documents Act and provincial legislation (4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so (a) despite section 5 of the Personal Information Protection and Electronic Documents Act , to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and (b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information. 2018, c. 10, s. 62
Railway Safety Act — R-4.2 17.92
Minister — use of information 17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of (a) developing policies; (b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and (c) verifying compliance with section 17.31 and regulations made under section 17.95. Information randomly selected (2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations. Use — threat to safety of railway operations (3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations. 2018, c. 10, s. 62
Railway Safety Act — R-4.2 17.93
Railway safety inspectors — use of information 17.93 (1) A railway safety inspector may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of (a) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and (b) verifying compliance with section 17.31 and regulations made under section 17.95. Use — threat to safety of railway operations (2) If a railway safety inspector uses information under paragraph (1)(a), they may also use that information to address a threat to the safety of railway operations. 2018, c. 10, s. 62
Railway Safety Act — R-4.2 17.94
Recorded information admissible 17.94 (1) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is admissible in any proceedings for a violation or offence, with respect to the contravention of section 17.31 or the regulations made under section 17.95, against the company that operates the railway equipment. Recorded information not admissible (2) The information recorded under subsection 17.31(1) using the recording instruments with which the railway equipment is fitted is not admissible in any proceedings for a violation or offence under this Act — other than for a violation or offence with respect to the contravention of subsection 17.31(3) — against an individual who is on board the railway equipment at the time of the recording or an individual who communicates with that individual at that time. Information used under subsections 17.91(3), 17.92(3) and 17.93(2) admissible (3) Subject to subsection (2), the information used under subsections 17.91(3), 17.92(3) and 17.93(2) is admissible in any proceedings that may result from that use. 2018, c. 10, s. 62
Railway Safety Act — R-4.2 17.95
Regulations 17.95 (1) The Governor in Council may make regulations (a) prescribing criteria for the purposes of subsection 17.31(1); (b) respecting the exemption of any company that meets the criteria referred to in paragraph (a) from the application of subsection 17.31(1); (c) respecting the recording instruments with which the railway equipment is to be fitted, including their specifications, installation and maintenance; (d) respecting the information that companies record using those instruments, including the recording of that information, its collection, its preservation, its destruction, its use, its communication — including on request by the Minister — its selection and access to it; and (e) prescribing threats to the safety of railway operations for the purpose of subsection 17.91(3). Application (2) A regulation made under this section may be general or applicable to a group or class of companies. 2018, c. 10, s. 62
Railway Safety Act — R-4.2 17.96
For greater certainty 17.96 For greater certainty, subject to any use or communication that is expressly authorized under any of sections 17.91 to 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95, the information that a company records, collects or preserves under subsection 17.31(1) and that is an on-board recording , as defined in subsection 28(1) of the Canadian Transportation Accident Investigation and Safety Board Act , remains privileged under subsection 28(2) of that Act. 2018, c. 10, s. 62