Railway Safety Act — R-4.2 19
Formulation or revision of rules 19 (1) The Minister may, by order, require a company (a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and (b) within a specified period, to file the formulated or revised rules with the Minister for approval. Company to consult (2) A company shall not file rules with the Minister under subsection (1) unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to (a) in the case of a railway company, 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, 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. Notice to accompany rules (3) When rules are filed with the Minister by a company pursuant to an order under subsection (1), the company shall, by notice filed with those rules, identify each association or organization or any railway company that was consulted and attach a copy of any objection that is made by any of them on grounds of safety. Consideration of rules (4) After rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall consider, without delay, whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the company and the views of each relevant association or organization or any railway company identified under subsection (3) and to any other factor that the Minister considers relevant, those rules are conducive to safe railway operations by the company, and shall, before the expiration of the assessment period in relation to those rules, (a) if the Minister is so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or (b) if the Minister is not so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied. Request for amendment to terms and conditions (4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend the terms and conditions specified under paragraph (4)(a), and shall send a copy of the request to (a) in the case of a railway company, each relevant association or organization that is likely to be affected by the amendment to the terms and conditions; 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 amendment to the terms and conditions. Amendments (4.2) After receiving a request from a company under subsection (4.1), the Minister may amend the terms and conditions and, in that case, shall provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection (4.1). Minister may seek advice (5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter. Effective date of rules (5.1) Rules approved by the Minister under subsection (4) come into force on a day specified by the Minister, but if they replace any regulations, they may not come into force earlier 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 matte