GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Safety Act — R-4.2 34
Enforcement through court 34 (1) An order or emergency directive made by the Minister may be made an order of the Federal Court or of any superior court, and shall be enforced in the same manner as an order of the court. Orders of railway safety inspectors (2) For the purpose of enabling an order contained in a notice served on a company or person by a railway safety inspector to be enforced as an order of a court under this section, the Minister may, by notice sent to that company or person, confirm that order, and that order after that has effect as an order of the Minister. Practice (3) To make an order or emergency directive of the Minister an order of a court, the usual practice and procedure of the court in such matters may be followed or, in lieu thereof, the Minister may file with the registrar of the court a certified copy of the order or directive and the order or directive thereupon becomes an order of the court. Effect of revocation (4) When an order or emergency directive of the Minister that has been made an order of a court pursuant to this section is revoked by a subsequent order or directive of the Minister, the order of the court shall be deemed to have been cancelled. Option to enforce (5) The Minister may, before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive by the Minister’s own action. R.S., 1985, c. 32 (4th Supp.), s. 34; 2002, c. 8, s. 168; 2006, c. 11, s. 26; 2007, c. 19, s. 53; 2012, c. 7, s. 28(E)
Railway Safety Act — R-4.2 35
Medical examination 35 (1) A person who holds a position that is declared by regulations made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a “designated position”, shall undergo a medical examination organized by the railway company concerned, including audio-metric and optometric examination, at intervals determined by the regulations made under subparagraph 18(1)(c)(iii) or by any rule in force under section 19 or 20. Physician or optometrist to disclose potentially hazardous conditions (2) If a physician or an optometrist believes, on reasonable grounds, that a patient is a person described in subsection (1), the physician or optometrist shall, if in their opinion the patient has a condition that is likely to pose a threat to safe railway operations, (a) by notice sent without delay to a physician or optometrist specified by the railway company, inform the specified physician or optometrist of that opinion and the reasons for it, after the physician or optometrist has taken reasonable steps to first inform the patient, and (b) without delay send a copy of that notice to the patient, and the patient is deemed to have consented to the disclosure required by paragraph (a). Holder of designated position to inform physician or optometrist (3) A person who holds a designated position in a railway company shall, prior to any examination by a physician or optometrist, advise the physician or optometrist that the person is the holder of such a position. Railway company may act in interests of safe railway operations (4) A railway company may make such use of any information provided pursuant to subsection (2) as it considers necessary in the interests of safe railway operations. Proceedings not to lie against physician or optometrist (5) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything done by that physician or optometrist in good faith in compliance with this section. Information privileged (6) Information provided pursuant to subsection (2) is privileged and (a) no person shall be required to disclose it or give evidence relating to it in any legal, disciplinary or other proceedings; and (b) it is not admissible in any such proceedings, except (i) as provided by subsection (4), or (ii) where the patient consents. R.S., 1985, c. 32 (4th Supp.), s. 35; 1999, c. 9, s. 27; 2012, c. 7, s. 29(F)
Railway Safety Act — R-4.2 36
Power to require information 36 (1) The Minister may order that a company provide, in the specified form and within the specified period, information or documents that he or she considers necessary for the purposes of ensuring compliance with this Act and with the regulations, rules, orders, standards and emergency directives made under this Act. Communication authorized (2) A company is authorized to communicate to the Minister the information that it recorded, collected or preserved under subsection 17.31(1) and that the Minister orders it to provide under subsection (1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95. R.S., 1985, c. 32 (4th Supp.), s. 36; 1999, c. 9, s. 28; 2012, c. 7, s. 30 2018, c. 10, s. 64
Railway Safety Act — R-4.2 37
Maintenance and production of safety records 37 (1) The Governor in Council may make regulations (a) respecting the keeping and preservation by any person of information, records and documents that are relevant to the safety of railway operations, including a complete set of the regulations, emergency directives, rules and orders made under this Act that apply to that person; (a.1) respecting the submission of information, records and documents that are relevant to the safety of railway operations by any person other than the Minister to any person specified in the regulations; (b) respecting the filing with the Minister, including at the Minister’s request, of information, records and documents kept and preserved under regulations made under paragraph (a); and (c) respecting notification to the Minister by companies of information suitable for monitoring safety performance or predicting potential changes in levels of safety, including information about any accident or incident associated with railway safety or any situation that could have a detrimental impact on safety performance. Application (2) A regulation made under this section may be general or applicable to a group or class of persons. Canada Transportation Act (3) Information, records and documents that are filed with the Minister as required by a regulation made under paragraph (1)(b) are deemed to be information that is required to be provided to the Minister under the Canada Transportation Act . R.S., 1985, c. 32 (4th Supp.), s. 37; 1999, c. 9, s. 29; 2012, c. 7, s. 30; 2015, c. 31, s. 31
Railway Safety Act — R-4.2 38
False information, etc. 38 No person shall, either orally or in writing, knowingly make a false or misleading statement or knowingly provide false or misleading information to the Minister, to a railway safety inspector or to any other person acting on behalf of the Minister in connection with any matter under this Act.
Railway Safety Act — R-4.2 39
Screening before boarding 39 (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board railway equipment or enter a restricted area and, if so required, (a) the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; and (b) no person shall take the goods, or have them placed, on board the railway equipment or in the restricted area unless the goods have undergone the authorized screening. Screening after boarding or in restricted areas (2) A screening officer may require a person on board railway equipment or in a restricted area to undergo authorized screening and, if the person refuses, (a) the officer may order the person to leave the railway equipment or restricted area and to remove from it any goods that the person took or had placed there; and (b) the person shall leave the railway equipment or restricted area and remove or permit the removal of the goods immediately or, if the railway equipment is moving, at the first reasonable opportunity. Unaccompanied goods (3) A screening officer may carry out authorized screening of any goods at a railway work that are intended for transport on railway equipment and are not accompanied by a person, and the officer may use any force that is reasonably necessary to gain access to the goods. False or misleading information (4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer. Operators to post notices (5) When authorized screening is required or authorized under this Act on board railway equipment or at a railway work, the railway company that operates the railway equipment or railway work shall post notices stating that (a) authorized screening is being carried out; (b) no person is obliged to undergo authorized screening of their person if they choose not to board the railway equipment or enter a restricted area; and (c) no person is obliged to permit authorized screening of their goods if they choose not to take the goods or have them placed on board the railway equipment or in the restricted area. Placement and languages of notices (6) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language. R.S., 1985, c. 32 (4th Supp.), s. 39; 1999, c. 9, s. 30
Railway Safety Act — R-4.2 39.1
Minister may formulate security measures 39.1 (1) The Minister may formulate measures respecting the security of railway transportation. Requirement to carry out measures (2) The Minister may, by notice in writing, require or authorize a railway company to carry out any of those security measures. Exemption by Minister (3) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of a security measure if, in the opinion of the Minister, the exemption is in the public interest and is not likely to pose a security threat. 1999, c. 9, s. 30
Railway Safety Act — R-4.2 39.2
Disclosure of security documents 39.2 (1) No person shall disclose to any other person the substance of a security document that is labelled as such unless the disclosure is (a) authorized by the Minister; (b) ordered by a court or other body under subsection (3); (c) required by law; or (d) necessary to give effect to the document. Court or other body to inform Minister (2) If a request is made for the production or discovery of the security document in any proceeding before a court or other body having jurisdiction to compel its production or discovery, the court or other body shall (a) notify the Minister of the request, if the Minister is not a party to the proceeding; and (b) examine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it. Order for production and discovery (3) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body (a) shall order the production and discovery of the security document, subject to any restrictions or conditions that the court or other body considers appropriate; and (b) may require any person to give evidence relating to the document. 1999, c. 9, s. 30
Railway Safety Act — R-4.2 40
Inquiry 40 (1) If the Minister considers that (a) a proposed railway work set out in a plan filed with the Minister under section 10, (b) rules filed with the Minister under section 19 or 20, (c) any accident or incident associated with railway works or with the operation of railway equipment, or (d) any other matter relating to the operation or maintenance of railway works or railway equipment raises, or may raise, issues of public interest relating to safe railway operations, the Minister may, by order, direct persons designated by the Minister for the purpose to conduct an inquiry into the matter in accordance with any regulations made pursuant to section 47, subject to the Canadian Transportation Accident Investigation and Safety Board Act , and report the findings of the inquiry to the Minister in such manner and within such period as the Minister directs. Powers of persons conducting an inquiry (2) Each of the persons designated to conduct an inquiry under subsection (1) has the powers of a person appointed as a commissioner under Part I of the Inquiries Act , subject to any restrictions specified in the designation. Privilege (3) Where, in the course of an inquiry under this section, a statement is obtained by the persons conducting the inquiry that is included within a class of statements classified pursuant to the regulations as privileged, those persons may make such use of the statement for the purposes of the inquiry as they consider necessary in the interests of safe railway operations, but they shall not knowingly communicate the statement or permit it to be communicated to any person except in the circumstances set out in the regulations or as authorized in writing by the person making the statement. Definition of statement (4) In subsection (3), statement means any oral, written or recorded assertion or any transcript or substantial summary thereof, and includes conduct that could reasonably be taken to be intended as such an assertion. R.S., 1985, c. 32 (4th Supp.), s. 40; 1989, c. 3, s. 51
Railway Safety Act — R-4.2 40.1
40.1 The Governor in Council may, by regulation, (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22, (i) any provision of this Act or the regulations, or (ii) any rule, standard, order or emergency directive made under this Act; and (b) prescribe the maximum amount payable for each violation, not to exceed (i) $50,000, in the case of an individual, and (ii) $250,000, in the case of a corporation. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.11
Designation of enforcement officers 40.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers. Certification of enforcement officers (2) Every person designated as an enforcement officer under subsection (1) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties. Entry (3) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the construction or operation of a railway or the operation of railway equipment. Production of documents (4) For the purposes of determining whether a violation referred to in section 40.13 has been committed, a person designated as an enforcement officer under subsection (1) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to that determination. Assistance to enforcement officers (5) Any person from whom documents or data are requested under subsection (4) shall provide all reasonable assistance in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish any information that the enforcement officer reasonably requires for the purposes of this Act. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.12
Notices of violation 40.12 The Minister may establish the form and content of notices of violation. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.13
Violation 40.13 (1) Every person who contravenes a provision designated under paragraph 40.1(a) commits a violation and is liable to a penalty not exceeding the maximum amount prescribed under paragraph 40.1(b). Continuing violation (2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. How contraventions may be proceeded with (3) If a contravention of a provision designated under paragraph 40.1(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding in the other. Nature of violation (4) For greater certainty, a violation is not an offence and accordingly section 126 of the Criminal Code does not apply in respect of a violation. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.14
Issuance of notice of violation 40.14 When a person designated by the Minister under subsection 40.11(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out (a) the penalty for the violation that the person is liable to pay; and (b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.15
Payment of specified amount precludes further proceedings 40.15 If a person served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention and no further proceedings under this Act shall be taken against the person in respect of that contravention. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.16
Request for review of determination 40.16 (1) A person served with a notice of violation that wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The Minister has the burden of establishing that a person has committed a violation. Person not compelled to testify (5) A person alleged to have committed a violation is not required to give evidence. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.17
Failure to pay 40.17 A person that fails to pay the amount of the penalty specified in a notice of violation within the specified time and that does not file a request for a review is deemed to have committed the contravention alleged in the notice. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.18
Determination by Tribunal member 40.18 At the conclusion of a review, the member of the Tribunal who conducts the review shall without delay inform the Minister and the person alleged to have committed a violation (a) that the person has not committed a violation, in which case, subject to section 40.19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or (b) that the person has committed a violation and, subject to any regulations made under paragraph 40.1(b), of the amount that must be paid to the Tribunal by or on behalf of the person and the time within which it must be paid. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.19
Right of appeal 40.19 (1) Within 30 days after a determination is made under section 40.18, the Minister or the person to whom it applies may appeal from the determination to the Tribunal. Loss of right of appeal (2) A party 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 (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its decision for the determination. Finding of violation (4) If the appeal panel finds that a person has committed a violation, the panel shall without delay inform the person and the Minister of the finding and, subject to any regulations made under paragraph 40.1(b), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.2
Certificate 40.2 The Minister may obtain from the Tribunal or the member, as the case may be, a certificate in the form established by the Governor in Council setting out the amount of the penalty required to be paid by a person who fails, within the time required, (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 40.16; (b) to pay an amount determined under paragraph 40.18(b) or file an appeal under section 40.19; or (c) to pay an amount determined under subsection 40.19(4). 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.21
Registration of certificate 40.21 (1) On production in any superior court, a certificate issued under section 40.2 shall be registered in the court and, when so registered, a certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by Her Majesty in right of Canada against the person named in the certificate for a debt of the amount set out in the certificate. Recovery of costs and charges (2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in like manner as if they had been certified and the certificate had been registered under subsection (1). Amounts received deemed public moneys (3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act . 2012, c. 7, s. 31
Railway Safety Act — R-4.2 40.22
Time limit for proceedings 40.22 Proceedings in respect of a violation may not be instituted later than 12 months after the time when the subject matter of the proceedings arose. 2012, c. 7, s. 31
Railway Safety Act — R-4.2 41
 the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code apply to those proceedings with any modifications that the circumstances require. R.S., 1985, c. 32 (4th Supp.), s. 41; 1999, c. 9, s. 31; 2008, c. 6, s. 60; 2012, c. 7, s. 32; 2015, c. 31, s. 32 2018, c. 10, s. 65 2018, c. 21, s. 46
Railway Safety Act — R-4.2 42
Offence by employee or agent 42 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.
Railway Safety Act — R-4.2 43
Officers, etc., of corporation 43 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.