GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Safety Act — R-4.2 27.3
Request for review 27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file a written request for a review of the decision. Effect of request (2) A request under subsection (1) for a review of a decision of the Minister does not operate as a stay of the decision. Exception (3) On application in writing by the person affected by a decision made under subsection 27.1(2), 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, unless he or she is of the opinion that granting a stay would constitute a threat to railway security. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.4
Time and place for review 27.4 (1) On receipt of a request filed under subsection 27.3(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. Person not compelled to testify (3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter. Determination (4) The member may (a) in the case of a decision made under subsection 27.1(1) or (3), confirm the decision or refer the matter back to the Minister for reconsideration; or (b) in the case of a decision made under subsection 27.1(2), confirm the decision or substitute his or her own determination. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.5
Right of appeal 27.5 (1) Within thirty days after the determination, (a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) 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 the appeal may (a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or (b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.6
Decision to remain in effect pending reconsideration 27.6 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.7
Reconsideration 27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security. Procedure applicable (2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 27.8
Definition of designation 27.8 For the purposes of sections 27.1 to 27.7, designation includes any privilege accorded by a designation. 2001, c. 29, s. 65
Railway Safety Act — R-4.2 28
Inspector’s powers 28 (1) A railway safety inspector may, at any time, (a) for the purpose of ensuring compliance with this Act and with the regulations, emergency directives, rules, orders and security measures made under this Act, enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the operation or maintenance of a railway or the operation of railway equipment, and carry out any inspection that the inspector considers necessary in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector; (a.1) require any person appearing to be in charge of the place to produce any document, regardless of physical form or characteristics, for inspection or for the purpose of making copies or taking extracts; (b) seize any property found in the course of that inspection on the railway work or in the railway equipment that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act, and may submit that property to reasonable tests; and (c) require the attendance of persons whom the inspector deems relevant to the carrying out of the inspector’s functions, and may question those persons. Communication authorized (1.1) A company is authorized to communicate to a railway safety inspector the information that it recorded, collected or preserved under subsection 17.31(1) and that is contained in a document that the railway safety inspector requires it to produce under paragraph (1)(a.1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95. Idem (2) Where a railway safety inspector believes, on reasonable grounds, that an offence under this Act is being or has been committed at or in any place other than a railway work or railway equipment and that evidence of that offence is likely to be found at that place, the inspector may, if the offence relates to a matter for which the inspector is designated, and subject to subsection (3), (a) enter and search that place for evidence of that offence; and (b) seize any property found in the course of the search that the inspector believes, on reasonable grounds, will afford evidence with respect to that offence, and submit that property to reasonable tests. Conditions for exercise of powers under subsection (2) (3) A railway safety inspector shall not exercise the powers referred to in subsection (2) unless (a) the person apparently in charge of the place consents to the entry and search; (b) the powers are exercised in relation to that place under the authority of a warrant; or (c) by reason of exigent circumstances, it would not be practicable for the inspector to obtain a warrant. Forcible entry must be specifically authorized (4) In executing a warrant, a railway safety inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. R.S., 1985, c. 32 (4th Supp.), s. 28; 1999, c. 9, s. 23; 2012, c. 7, s. 20 2018, c. 10, s. 63
Railway Safety Act — R-4.2 29
Seized property to be returned 29 (1) Any property seized by a railway safety inspector under section 28 shall be returned to the person from whom the seizure was made or to any other person who appears on reasonable grounds to be entitled thereto, after (a) the provision of this Act or the regulations, the emergency directive, the rule or the order in respect of the contravention of which the property was seized has, in the opinion of the inspector, been complied with, or (b) the expiration of a period of thirty days from the day of the seizure, whichever first occurs, unless before that time proceedings are instituted in respect of an offence under this Act in relation to the property seized, in which case it may be detained until the proceedings are finally concluded. Application for return of seized property (2) Where proceedings referred to in subsection (1) have been instituted, a person from whom property that is the subject-matter of the proceedings was seized, or any other person who appears on reasonable grounds to be entitled to that property, may apply to the court before which the proceedings were instituted for an order that the property be returned to the applicant. Court order (3) Where the court is satisfied that (a) sufficient evidence for the purposes of the proceedings exists or may be produced without detaining the seized property, and (b) no threat to safe railway operations would result from the release of the property, the court may grant the application and order the return of the property forthwith to the applicant, subject to any terms and conditions that appear necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required. Where person convicted (4) Seized property that is detained until the final conclusion of proceedings shall be returned to the person from whom the seizure was made, or to any other person who appears on reasonable grounds to be entitled thereto, unless that person has been convicted of an offence under this Act, in which case the property may be detained until any fine imposed on conviction has been paid, or sold under execution in satisfaction of the fine or any part thereof.
Railway Safety Act — R-4.2 30
Assistance to inspectors 30 (1) The owner or person in charge of any railway work, railway equipment or other place, building or work inspected by a railway safety inspector pursuant to section 28, and every person found therein or thereat, shall give the inspector all reasonable assistance in that person’s power to enable that inspector to carry out the inspector’s functions under this Act. Obstruction of inspectors (2) No person shall, while a railway safety inspector is carrying out the inspector’s functions under this Act, (a) fail to comply with any reasonable request of the inspector; (b) except with the authority of the inspector, remove, alter or interfere in any way with any thing seized or removed by the inspector; or (c) otherwise obstruct or hinder the inspector.
Railway Safety Act — R-4.2 31
Notice — threat 31 (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it. Notice — immediate threat (2) If the railway safety inspector is satisfied that the threat is immediate, the inspector may, in the notice, order the person or any company whose railway operations are affected by the threat, to take the measures that are specified in the notice to mitigate the threat until it has been removed to the inspector’s satisfaction. (2.1) to (4) [Repealed, 2015, c. 31, s. 25] Contents of notice (4.1) For the purposes of subsection (2), a notice that contains an order shall indicate the date on or before which the recipient may file a request for a review of the order and the address to which the request may be filed. The date shall be 30 days after the day on which the notice is sent. Minister to be informed of order (5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it. Copies sent to company supervisor (6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is responsible for the person or the railway operations that are affected by the threat or, in that supervisor’s absence, to the employee who is at that time in charge of that person or those operations. Effect of order (7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice. Alteration and revocation of orders by other inspectors (8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act. Reviewable order (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5. When alteration or revocation effective (10) An alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation. R.S., 1985, c. 32 (4th Supp.), s. 31; 1999, c. 9, s. 24; 2001, c. 29, s. 66; 2012, c. 7, s. 21; 2015, c. 31, ss. 25, 39
Railway Safety Act — R-4.2 31.1
Request for review of order of railway safety inspector 31.1 (1) A person who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal shall without delay 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 (3) 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 (4) The member may confirm the order or refer the matter to the Minister for consideration. 2001, c. 29, s. 67; 2012, c. 7, s. 22
Railway Safety Act — R-4.2 31.2
Right of appeal 31.2 (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal. Loss of right of appeal (2) If the person does not appear at the review hearing, the person 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 the appeal may dismiss the appeal or refer the matter to the Minister for consideration. 2001, c. 29, s. 67
Railway Safety Act — R-4.2 31.3
No stay of order 31.3 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3). 2001, c. 29, s. 67
Railway Safety Act — R-4.2 31.4
Consideration by Minister 31.4 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34. 2001, c. 29, s. 67
Railway Safety Act — R-4.2 31.5
When alteration or revocation effective 31.5 An alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation. 2001, c. 29, s. 67; 2012, c. 7, s. 23(E)
Railway Safety Act — R-4.2 32.01
Order — safe railway operations 32.01 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work. 2015, c. 31, s. 27
Railway Safety Act — R-4.2 32.1
Request for review 32.1 (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order. Time and place for review (2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay. Review procedure (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Person not compelled to testify (4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter. Determination (5) The member may confirm the order or refer the matter back to the Minister for reconsideration. 2001, c. 29, s. 69; 2012, c. 7, s. 25; 2015, c. 31, s. 28
Railway Safety Act — R-4.2 32.2
Right of appeal 32.2 (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal. Loss of right of appeal (2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes that there was sufficient reason to justify their absence. Disposition of appeal (3) 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. 2001, c. 29, s. 69; 2015, c. 31, s. 29
Railway Safety Act — R-4.2 32.3
Stay of order 32.3 If a request for review is filed, an order made under subsection 32(1), (3.1) or (3.2) shall be stayed until the matter is finally disposed of in accordance with section 32.1, 32.2 or 32.4. However, an order made under subsection 32(3) or (3.21) or section 32.01 shall not be stayed pending a review under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2(3). 2001, c. 29, s. 69; 2015, c. 31, ss. 30, 39, c. 35, s. 4
Railway Safety Act — R-4.2 32.4
Reconsideration by Minister 32.4 If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the Minister may confirm the order, or may, by order, alter or revoke the order. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34. 2001, c. 29, s. 69
Railway Safety Act — R-4.2 32.5
When alteration or revocation effective 32.5 An alteration or revocation under section 32.4 has effect when the company or other person to whom notice of the order under section 32 was sent receives notice of the alteration or revocation. 2001, c. 29, s. 69; 2012, c. 7, s. 26(E)
Railway Safety Act — R-4.2 33
Minister may send emergency directives 33 (1) If the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, the Minister may, by emergency directive sent to a company, order it (a) either absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or following the maintenance or operating practice that poses the threat; or (b) to follow a maintenance or operating practice specified in the directive if the threat is posed by the company’s failure to follow that practice. Directive despite compliance with law (1.1) The Minister may issue an emergency directive even though (a) the construction of the railway work was undertaken in accordance with the law in force at the time; and (b) using the railway equipment or following or not following the maintenance or operating practice is in accordance with this Act or any regulations or rules made under it. Duration (2) An emergency directive has effect during such period, not exceeding six months, as is specified in the directive. Emergency directive to contain statement of reasons (3) An emergency directive shall contain a statement of the Minister’s reasons for holding the opinion by reason of which the directive was given. Minister may rescind emergency directives (4) The Minister may, by notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect. Inconsistency between emergency directives, regulations, rules or orders (5) In the event that there is an inconsistency between an emergency directive and a regulation made under subsection 18(1) or (2.1) or a rule in force under section 19 or 20, the emergency directive prevails to the extent of the inconsistency. Minister may renew emergency directives (6) The Minister may, before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months and, if the Minister does so, this section, except this subsection, applies to the directive as renewed. R.S., 1985, c. 32 (4th Supp.), s. 33; 1999, c. 9, s. 26; 2012, c. 7, s. 27