GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Safety Act — R-4.2 18
Regulations 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; (b) declaring positions in railway companies to be critical to safe railway operations; (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. Regulations — crossing works (2) The Governor in Council may make regulations respecting crossing works, including regulations for requiring a railway company, road authority or other person who has rights relating to a road crossing to conduct a safety review of the road crossing following an accident of a type specified in the regulations. Regulations — security (2.1) The Governor in Council may make regulations respecting the security of railway transportation. Application (2.2) A regulation made under this section may be general or applicable to a group or class of persons or companies. Regulations to override rules (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. R.S., 1985, c. 32 (4th Supp.), s. 18; 1999, c. 9, s. 12; 2012, c. 7, s. 13
Railway Safety Act — R-4.2 19
rlier than the day on which the regulations are repealed.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. R.S., 1985, c. 32 (4th Supp.), s. 19; 1999, c. 9, s. 13; 2012, c. 7, s. 14
Railway Safety Act — R-4.2 20
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). R.S., 1985, c. 32 (4th Supp.), s. 20; 1999, c. 9, s. 14; 2012, c. 7, s. 14
Railway Safety Act — R-4.2 20.1
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. 2012, c. 7, s. 14
Railway Safety Act — R-4.2 20.2
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. 2012, c. 7, s. 14
Railway Safety Act — R-4.2 21
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. R.S., 1985, c. 32 (4th Supp.), s. 21; 2012, c. 7, s. 14
Railway Safety Act — R-4.2 22
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. R.S., 1985, c. 32 (4th Supp.), s. 22; 1999, c. 9, s. 15; 2012, c. 7, s. 14
Railway Safety Act — R-4.2 22.1
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). 1999, c. 9, s. 16; 2012, c. 7, s. 14
Railway Safety Act — R-4.2 23
Application to Agency 23 (1) If a province or municipality is of the opinion that a fire to which it responded was the result of a railway company’s railway operations, it may apply to the Agency to have the costs that it incurred in responding to the fire reimbursed by the railway company. Form of application (2) The application shall be in the form prescribed by regulations made under subsection (5), and it shall be accompanied by the information prescribed by those regulations. Further information (3) The Agency may, by notice sent to the province, municipality or railway company, require the province, municipality or railway company to provide it with any further information that it specifies relating to the application, within the period specified in the notice. Agency’s determination (4) If the Agency determines that the fire was the result of the railway company’s railway operations, it shall make an order directing the railway company to reimburse the province or municipality the costs that the Agency determines were reasonably incurred in responding to the fire. Regulations (5) The Agency may, with the Governor in Council’s approval, make regulations (a) prescribing the form of the application referred to in this section; and (b) prescribing the information that must accompany that application. Interpretation (6) Despite this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act . R.S., 1985, c. 32 (4th Supp.), s. 23; 1999, c. 9, s. 17; 2012, c. 7, s. 15; 2015, c. 31, s. 21
Railway Safety Act — R-4.2 23.1
Use of whistles 23.1 (1) No person shall use the whistle on any railway equipment in an area within a municipality if (a) the area meets the requirements prescribed for the purposes of this section; and (b) the government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution, (i) consulted the railway company that operates the relevant line of railway, (ii) notified each relevant association or organization, and (iii) given public notice of its intention to pass the resolution. Ministerial decision (2) The Minister may decide whether the area meets the prescribed requirements and the Minister’s decision is final. Exceptions (3) Despite subsection (1), the whistle may be used if (a) there is an emergency; (b) any rules in force under section 19 or 20 or any regulations require its use; or (c) a railway safety inspector orders its use under section 31. 1999, c. 9, s. 18; 2015, c. 31, s. 22
Railway Safety Act — R-4.2 25
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. Power of road authority to enter land adjoining line of railway (1.1) For the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing 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), if the road authority gives notice in writing to the owner of the land of its intention to do so. Removal of snow fences (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. Compensation (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. R.S., 1985, c. 32 (4th Supp.), s. 25; 1996, c. 10, s. 265; 1999, c. 9, s. 20; 2012, c. 7, s. 17
Railway Safety Act — R-4.2 26
Reference to Agency 26 (1) Where the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act , refer the matter to the Agency for a determination. Manner of reference (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information as is prescribed by those regulations. Further information (3) The Agency may, in its discretion, by notice given to the person referring a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to the compensation claimed as the Agency specifies in the notice. Agency to determine compensation (4) Where a matter is referred to the Agency under subsection (1), the Agency shall determine the amount of compensation to be paid by the railway company to the owner, lessee or occupier in question. Regulations (5) The Agency may, with the approval of the Governor in Council, make regulations (a) prescribing the form of the notice for a reference under this section; and (b) prescribing the information to accompany that notice. Interpretation (6) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act . R.S., 1985, c. 32 (4th Supp.), s. 26; 1996, c. 10, s. 266
Railway Safety Act — R-4.2 26.1
No access to line works 26.1 No person shall, without lawful excuse, enter on land on which a line work is situated. 1994, c. 15, s. 2
Railway Safety Act — R-4.2 26.2
Road users to give way 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. 1999, c. 9, s. 20.1; 2012, c. 7, s. 18(F)
Railway Safety Act — R-4.2 27
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. Inspector to show certificate (2) A railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof. Evidence in civil suits precluded (3) No railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister. Inspector not personally liable (4) A railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act. R.S., 1985, c. 32 (4th Supp.), s. 27; 1999, c. 9, s. 22; 2012, c. 7, s. 19
Railway Safety Act — R-4.2 27.1
Refusal to designate etc. 27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation. Suspension or cancellation of designation for offences (2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41. Suspension of designation for immediate threat (3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.2
Notice 27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision. Contents of notice (2) A notice under subsection (1) shall include (a) the grounds for 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 suspension or cancellation (3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than (a) in the case of a decision made under subsection 27.1(1) or (3), the day that the notice was received by the person; and (b) in the case of a decision made under subsection 27.1(2), the thirtieth day after the notice is sent. 2001, c. 29, s. 65