GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Belt Water Act — R-3.25 9
Order, etc. to be approved by Minister 9 (1) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any such lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Minister, and subject to such terms and conditions as the Minister may prescribe. Otherwise not effective (2) Any such order, permit, license or certificate shall be of no effect until so approved. Indian reserves (3) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any Indian reserves or Indian lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Superintendent General of Indian Affairs and subject to such terms and conditions as the said Superintendent General may prescribe, and any such order, permit, license or certificate shall be of no effect until so approved. Right of reclamation reserved (4) Nothing in this Act shall be construed as limiting or preventing the reclamation, under the authority of the Minister, of any lands. 1913, c. 45, s. 6
Railway Belt Water Act — R-3.25 10
Validation of administration under B.C. Water Acts 10 All licenses, orders, authorizations, and certificates issued, all acts done and all proceedings taken before the fifteenth day of June, one thousand nine hundred and twenty-six for the purpose of administration of any water within the Railway Belt, by the Board or by an officer or authority having powers and duties to exercise and perform under the provisions of the Acts of the province of British Columbia from time to time in force with respect to water in British Columbia, and all applications made before the fifteenth day of June, one thousand nine hundred and twenty-six, to the Board or to any such officer or authority with respect to the acquisition or use of water within the Railway Belt and pending on the said date shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board and to all the obligations and limitations imposed by the Water Acts, as if issued, done, taken, or made with respect to water in British Columbia not within the Railway Belt. 1926, c. 15, s. 5
Railway Belt Water Act — R-3.25 11
Protection of Dominion interests by the Minister 11 The Comptroller of Water Rights shall supply the Minister with certified copies of all applications, notices, permits, certificates, licenses, protests hereinafter mentioned or other documents received or issued under the provisions of the Water Acts affecting lands or waters in the Railway Belt, within one month of the date of the receipt or issue of the same; and no water privilege, license or right to the use of water within the Railway Belt granted under the authority of the Water Acts, in connection with which a protest has been made in writing to the Comptroller of Water Rights, within three months from the date of the posting and filing of the notice of application, by any homesteader, lessee or other lawful occupier of lands of the Crown belonging to Canada or by any administrative officer of the Dominion, shall be valid and effective unless and until the same shall have been approved by the Minister, subject to such terms and conditions as the Minister may prescribe. 1926, c. 15, s. 5
Railway Belt Water Act — R-3.25 2
Commencement of section 11 2 Section eleven of the Railway Belt Water Act , chapter two hundred and eleven of the Revised Statutes, 1927 , is suspended, and shall not hereafter be deemed to be in force until a day to be named by proclamation of the Governor in Council.
Railway Belt Water Act — R-3.25 1
Certain Orders in Council and Regulations declared to be valid 1 Orders in Council or Regulations heretofore made by the Governor in Council under authority of The Railway Belt Water Act , chapter forty-seven of the statutes of 1912; The Dominion Forest Reserves and Parks Act , chapter ten of the statutes of 1911; The Dominion Lands Act , chapter twenty of the statutes of 1908; the Rocky Mountains Park Act , chapter sixty of the Revised Statutes of Canada, 1906 , or the Yukon Act , chapter sixty-three of the Revised Statutes of Canada, 1906 , are hereby declared to have the same force and effect as if they had been approved by both Houses of Parliament as required by said Acts respectively.
Railway Continuation Act, 2007 — R-3.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Railway Safety Act — R-4.2 1
Short title 1 This Act may be cited as the Railway Safety Act .
Railway Safety Act — R-4.2 2
Binding on Her Majesty 2 (1) This Act is binding on Her Majesty in right of Canada or a province. Application generally (2) This Act applies in respect of railways that are within the legislative authority of Parliament. Exceptions (3) Despite subsection (2), this Act does not apply in respect of (a) railways referred to in section 16 of the Harbour Commissions Act ; or (b) railways referred to in section 29 of the Canada Marine Act , except to the extent provided by regulations made under subsection 29(2) of that Act. R.S., 1985, c. 32 (4th Supp.), s. 2; 1996, c. 10, s. 261; 2012, c. 7, s. 2
Railway Safety Act — R-4.2 3
Objectives 3 The objectives of this Act are to (a) promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations; (b) encourage the collaboration and participation of interested parties in improving railway safety and security; (c) recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and (d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security. R.S., 1985, c. 32 (4th Supp.), s. 3; 1996, c. 10, s. 262; 1999, c. 9, s. 1; 2012, c. 7, s. 3
Railway Safety Act — R-4.2 3.1
Minister’s responsibilities respecting railway safety 3.1 The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things, (a) promote railway safety and security by means that the Minister considers appropriate; (b) provide facilities and services for the collection, publication or dissemination of information; (c) undertake, and cooperate with persons undertaking, projects, technical research, study or investigation; (d) inspect, examine and report on activities related to railway matters; and (e) undertake other activities that the Minister considers appropriate or that the Governor in Council may direct. 2012, c. 7, s. 3
Railway Safety Act — R-4.2 4
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 facsimile or by mailing it by registered mail to the person’s latest known address; (b) in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; or (c) in either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister. R.S., 1985, c. 32 (4th Supp.), s. 4; 1992, c. 51, s. 61; 1996, c. 10, s. 263; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 82, c. 9, s. 2; 2001, c. 29, s. 64; 2002, c. 7, s. 234(E); 2012, c. 7, s. 4; 2015, c. 3, s. 150, c. 31, s. 17
Railway Safety Act — R-4.2
Agency means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act ; ( Office )
Railway Safety Act — R-4.2
authorized screening means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment; ( contrôle )
Railway Safety Act — R-4.2
company means a railway company or a local railway company; ( compagnie )
Railway Safety Act — R-4.2
crossing work means a road crossing or a utility crossing; ( ouvrage de franchissement )
Railway Safety Act — R-4.2
engineering standards means engineering standards established pursuant to section 7; ( normes techniques )
Railway Safety Act — R-4.2
fatigue science [Repealed, 2015, c. 31, s. 17]
Railway Safety Act — R-4.2
goods means, except in the definition utility line , anything that may be taken or placed on board railway equipment as freight, baggage or personal belongings; ( biens )
Railway Safety Act — R-4.2
highest level of safety means the lowest acceptable level of risk as demonstrated by a risk management analysis; ( niveau de sécurité le plus élevé )
Railway Safety Act — R-4.2 (a)
line work means (a) a line of railway, including any structure supporting or protecting that line of railway or providing for drainage thereof, (b) a system of switches, signals or other like devices that facilitates railway operations, or (c) any other structure built across, beside, under or over a line of railway, that facilitates railway operations, but does not include a crossing work; ( ligne de chemin de fer )
Railway Safety Act — R-4.2
local railway company means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway; ( compagnie de chemin de fer locale )
Railway Safety Act — R-4.2
Minister means the Minister of Transport; ( ministre )
Railway Safety Act — R-4.2
person includes a government of a municipality and a road authority; ( personne )
Railway Safety Act — R-4.2
prescribed means prescribed by regulations; ( Version anglaise seulement )
Railway Safety Act — R-4.2
proponent , in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed under another Act or by an order made under section 32.01; ( promoteur )
Railway Safety Act — R-4.2
proposing party [Repealed, 1999, c. 9, s. 2]
Railway Safety Act — R-4.2 (a)
railway means a railway within the legislative authority of Parliament and includes (a) branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, and (b) communications or signalling systems and related facilities and equipment used for railway purposes; ( chemin de fer )
Railway Safety Act — R-4.2
railway company means a person that constructs, operates or maintains a railway; ( compagnie de chemin de fer )
Railway Safety Act — R-4.2 (a)
railway equipment means (a) a machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or (b) a vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use; ( matériel ferroviaire ou train )
Railway Safety Act — R-4.2
railway work means a line work or any part thereof, a crossing work or any part thereof, or any combination of the foregoing; ( installations ferroviaires )
Railway Safety Act — R-4.2 (a)
relevant association or organization , in relation to a railway company, means an association or organization that has been formed to represent the interests of (a) persons employed by that railway company, or (b) persons owning or leasing railway equipment that is used on lines of railway operated by that railway company and that is declared by order of the Minister to be a relevant association or organization in relation to that railway company; ( organisation intéressée )
Railway Safety Act — R-4.2
restricted 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 )
Railway Safety Act — R-4.2
road means any way or course, whether public or not, available for vehicular or pedestrian use; ( route )
Railway Safety Act — R-4.2
road authority means a public authority having legal authority to open and maintain roads; ( autorité responsable du service de voirie )
Railway Safety Act — R-4.2
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 )
Railway Safety Act — R-4.2
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 )
Railway Safety Act — R-4.2
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 )
Railway Safety Act — R-4.2 (a)
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 )
Railway Safety Act — R-4.2 (a)
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 )
Railway Safety Act — R-4.2
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act ; ( Tribunal )
Railway Safety Act — R-4.2
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 )
Railway Safety Act — R-4.2
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 )
Railway Safety Act — R-4.2 4.1
Inconsistencies with operating agreements 4.1 This Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them. 2012, c. 7, s. 5
Railway Safety Act — R-4.2 5
Compliance with Canadian Navigable Waters Act 5 If a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water as defined in section 2 of the Canadian Navigable Waters Act , the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Canadian Navigable Waters Act . R.S., 1985, c. 32 (4th Supp.), s. 5; 2012, c. 31, s. 341 2019, c. 28, s. 186
Railway Safety Act — R-4.2 6
Agreements between Department and Agency 6 The Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it: (a) the coordination of the activities of the Department of Transport and the Agency (i) relating to the construction, alteration, operation or maintenance of railway works and railway equipment, or (ii) in determining whether a person is constructing, operating or maintaining a railway; and (b) procedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters. R.S., 1985, c. 32 (4th Supp.), s. 6; 2012, c. 7, s. 6
Railway Safety Act — R-4.2 6.1
Agreements with provincial ministers 6.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting (a) railway safety and security and the safety aspects of railway crossings; or (b) matters relating to the protection of the environment to which this Act applies. Designation of body or person (2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with the agreement. Duties and powers (3) The designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement. 2012, c. 7, s. 6
Railway Safety Act — R-4.2 6.2
Agreements with provincial authorities 6.2 The Minister may enter into an agreement with a provincial authority to authorize the provincial authority to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authority’s jurisdiction. 2012, c. 7, s. 6
Railway Safety Act — R-4.2 7
Regulations 7 (1) The Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards. Railway company required to formulate standards (2) The Minister may, by order, require a railway company (a) to formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; and (b) within a period specified in the order, to file the formulated or revised standards with the Minister for approval. Formulation or revision of standards (2.1) A railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative. Application of certain provisions (3) Subsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations. R.S., 1985, c. 32 (4th Supp.), s. 7; 1999, c. 9, s. 3; 2012, c. 7, s. 7(F); 2015, c. 31, s. 18(F)
Railway Safety Act — R-4.2 7.1
Regulations 7.1 The Governor in Council may make regulations regulating or prohibiting the construction or alteration of road crossings. 1999, c. 9, s. 4; 2015, c. 31, s. 19
Railway Safety Act — R-4.2 8
Notice of certain proposed railway works 8 (1) If a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work. Filing of objections (2) A person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister. Withdrawal of objection (3) A person who has filed an objection under subsection (2) and subsequently wishes to withdraw that objection shall so notify the proponent and the Minister, and the objection shall be deemed to be withdrawn on receipt by the Minister of the notice. R.S., 1985, c. 32 (4th Supp.), s. 8; 1999, c. 9, ss. 5, 37(E)
Railway Safety Act — R-4.2 9
Frivolous or vexatious objections 9 (1) Where the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious or that the proposed railway work to which the objection relates is in the public interest, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act. Proponent to be notified (2) The Minister shall send a copy of a notice under subsection (1) to the proponent. R.S., 1985, c. 32 (4th Supp.), s. 9; 1999, c. 9, s. 37(E); 2015, c. 35, s. 1
Railway Safety Act — R-4.2 10
 filed. Period for which approval in force (7) The Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration of (a) the period specified in the approval; or (b) if the approval does not specify a period, one year after the approval is given. Definition of assessment period (8) In this section, assessment period , in relation to a request that the Minister approve a proposed railway work, means (a) the period of sixty days commencing on the day on which the request is filed; or (b) if, before the expiration of the period referred to in paragraph (a), the Minister determines that, by reason of the complexity of the work to which the request relates, the number of requests filed or any other reason, it is not feasible to consider the request before the expiration of that period, and so notifies the proponent and any objecting party, such period in excess of that period of sixty days as the Minister specifies in the notices. Period of inquiry not part of assessment period (9) Where, pursuant to section 40, the Minister directs a person to conduct an inquiry respecting a proposed railway work, the period commencing on the day when the Minister so directs and ending on the day when the person reports back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period. R.S., 1985, c. 32 (4th Supp.), s. 10; 1999, c. 9, ss. 6, 37(E)
Railway Safety Act — R-4.2 11
Sound engineering principles 11 (1) All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles. Engineering work (2) All engineering work relating to railway works must be approved by a professional engineer. R.S., 1985, c. 32 (4th Supp.), s. 11; 1999, c. 9, s. 7; 2012, c. 7, s. 8