Railway Safety Act — R-4.2 4
area means an area that is established under the regulations or a security document and to which access is restricted to authorized persons; ( zone réglementée ) road means any way or course, whether public or not, available for vehicular or pedestrian use; ( route ) road authority means a public authority having legal authority to open and maintain roads; ( autorité responsable du service de voirie ) road crossing means that part of a road that passes across, over or under a line of railway, and includes any structure supporting or protecting that part of that road or facilitating the crossing; ( franchissement routier ) safety management system means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes; ( système de gestion de la sécurité ) screening officer means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act; ( agent de contrôle ) security document means any of the following documents: (a) a rule approved or proposed for approval under section 19 or 20 that relates to security, (b) an order, contained in a notice, referred to in subsection 31(2) that relates to security, (c) an emergency directive made under section 33 that relates to security, and (d) a security measure formulated under subsection 39.1(1); ( texte relatif à la sûreté du transport ferroviaire ) superior court means (a) in the Province of Ontario, the Superior Court of Justice, (a.1) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, (b) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, (c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (d) in the Province of Quebec, the Superior Court of the Province, and (e) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; ( cour supérieure ) Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act ; ( Tribunal ) utility crossing means that part of a utility line that passes over or under a line of railway, and includes any structure supporting or protecting that part of that utility line or facilitating the crossing; ( franchissement par desserte ) utility line means any wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. ( desserte ) (2) [Repealed, 2012, c. 7, s. 4] References to proposed railway works (3) A reference in this Act to a proposed railway work shall be construed, in a case where a person proposes to alter an existing railway work, as meaning the railway work as proposed to be so altered. Safe railway operations, etc. (4) In determining, for the purposes of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property. Threats and immediate threats (4.1) For the purposes of this Act, a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists. Filing or sending notices and documents (5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must be (a) in the case of an individual, by personal service, by facsim