GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Simultaneous Programming Service Deletion and Substitution Regulations — 4
Obligation to carry out request 4 (1) Except as otherwise provided under these Regulations or in a condition of its licence, a licensee that receives a request referred to in section 3 must carry out the requested deletion and substitution if the following conditions are met: (a) the request is in writing and is received by the licensee at least four days before the day on which the programming service to be substituted is to be broadcast; (b) the programming service to be deleted and the programming service to be substituted are comparable and are to be broadcast simultaneously; (c) the programming service to be substituted has the same format as, or a higher format than, the programming service to be deleted; and (d) if the licensee carries on a terrestrial distribution undertaking, the programming service to be substituted has a higher priority under section 17 of the Broadcasting Distribution Regulations than the programming service to be deleted. Late request (2) In the case of a request that is not received within the period referred to in paragraph (1)(a) but that meets the conditions set out in paragraphs (1)(b) to (d), the licensee may carry out the requested deletion and substitution, except as otherwise provided under these Regulations or in a condition of its licence. Decision by Commission (3) A licensee must not delete a programming service and substitute another programming service for it if the Commission decides under subsection 18(3) of the Broadcasting Act that the deletion and substitution are not in the public interest. Deletion and substitution by operator (4) The licensee and the operator of the local television station or the regional television station may agree to have the operator carry out the deletion and substitution. More than one request (5) If a licensee that carries on a terrestrial distribution undertaking receives a request for deletion and substitution from more than one operator of a Canadian television station, it must give preference to the programming service of the television station that has the highest priority under section 17 of the Broadcasting Distribution Regulations . Discontinuation of substitution (6) A licensee may discontinue a deletion and substitution if the deleted and substituted programming services are not, or are no longer, comparable and broadcast simultaneously.
Simultaneous Programming Service Deletion and Substitution Regulations — 5
Minimal disruption 5 (1) A licensee that deletes a programming service and substitutes another programming service for it must exercise due diligence to ensure that the deletion and substitution do not result in errors in the provision of the service and that they cause only minimal disruption of the service to its subscribers. Compensation (2) A licensee must provide compensation to its customers if the Commission decides under subsection 18(3) of the Broadcasting Act that the licensee deleted and substituted a programming service in a manner that, through its own actions, resulted in recurring substantial errors and did not establish that it exercised due diligence to avoid those errors. Errors (3) For the purposes of this section, an error occurs if the deletion and substitution of the programming service are not carried out simultaneously or the video or audio components of the programming service are affected as a result of the deletion and substitution.
Simultaneous Programming Service Deletion and Substitution Regulations — 10
December 1, 2015 10 These Regulations come into force on December 1, 2015.
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — a
Whereas the Westslope Cutthroat Trout ( Oncorhynchus clarkii lewisi ) Alberta population is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Act a ; a S.C. 2002, c. 29
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order
Whereas the recovery strategy that identified the critical habitat of that species, entitled Recovery Strategy for the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Populations in Canada , was included in the public registry on March 28, 2014;
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order
Whereas a portion of the critical habitat of that species is in a place referred to in subsection 58(2) of that Act and, under subsection 58(5) of that Act, that portion must be excluded from the annexed Order;
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order
And whereas, pursuant to subsection 58(5) of that Act, the Minister of Fisheries and Oceans has consulted with the Minister responsible for the Parks Canada Agency, namely, the Minister of the Environment, with respect to the annexed Order;
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order
Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Act a , makes the annexed Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order .
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — 1
1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Westslope Cutthroat Trout ( Oncorhynchus clarkii lewisi ) Alberta population — which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry — other than the portion of that critical habitat that is already protected under that subsection because it is in a place referred to in subsection 58(2) of that Act, more specifically, in Banff National Park of Canada as described in Part 2 of Schedule 1 to the Canada National Parks Act .
Critical Habitat of the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population Order — 2
2 This Order comes into force on the day on which it is registered.
Railway Safety Management System Regulations, 2015 — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 37 a , 47 and 47.1 b of the Railway Safety Act c , makes the annexed Railway Safety Management System Regulations, 2015 . a S.C. 2012, c. 7, s. 30 b S.C. 2012, c. 7, s. 37 c R.S., c. 32 (4th Supp.)
Railway Safety Management System Regulations, 2015 — 1
Definitions 1 The following definitions apply in these Regulations. accountable executive means the executive referred to in subsection 8 (1) or 43 (1), as the case may be. ( gestionnaire supérieur responsable ) Act means the Railway Safety Act . ( Loi ) dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992 . ( marchandises dangereuses ) main track means a line of railway on which the movement of railway equipment is authorized by a railway company. ( voie ferrée principale ) non-main track means a line of railway other than a main track. ( voie ferrée non principale ) railway occurrence means a railway occurrence that is reportable under section 5 of the Transportation Safety Board Regulations . ( accident ferroviaire )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
accountable executive means the executive referred to in subsection 8 (1) or 43 (1), as the case may be. ( gestionnaire supérieur responsable )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
Act means the Railway Safety Act . ( Loi )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992 . ( marchandises dangereuses )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
main track means a line of railway on which the movement of railway equipment is authorized by a railway company. ( voie ferrée principale )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
non-main track means a line of railway other than a main track. ( voie ferrée non principale )
Railway Safety Management System Regulations, 2015 — Railway Safety Management System Regulations, 2015
railway occurrence means a railway occurrence that is reportable under section 5 of the Transportation Safety Board Regulations . ( accident ferroviaire )
Railway Safety Management System Regulations, 2015 — 2
Purpose 2 These Regulations establish the minimum requirements with respect to the safety management system that a company must develop and implement for the purpose of achieving the highest level of safety in its railway operations.
Railway Safety Management System Regulations, 2015 — 3
Organization — Parts 3 (1) These Regulations are divided into three Parts: (a) Part 1 sets out the requirements applicable to a railway company with respect to its safety management system and with respect to record-keeping, notification and filing of information; (b) Part 2 sets out (i) in Division 1, the requirements applicable to a local railway company that operates railway equipment on main track with respect to its safety management system and with respect to record-keeping, notification and filing of information, and (ii) in Division 2, the requirements applicable to a local railway company that operates railway equipment exclusively on non-main track with respect to its safety management system and with respect to record-keeping, notification and filing of information; and (c) Part 3 makes consequential amendments to the Railway Operating Certificate Regulations , repeals the Railway Safety Management System Regulations and sets out the date on which these Regulations come into force. Organization — processes (2) The safety management system requirements set out in Parts 1 and 2 are organized into key processes that group together related requirements, including, in most instances, the requirement that a company develop and implement (a) procedures that establish a step-by-step sequence of activities for dealing with certain matters; (b) methods that are not necessarily a step-by-step sequence of activities, but that establish the manner in which certain evaluation, verification or supervisory activities are to be carried out; or (c) plans that establish the proposed time for carrying out certain activities with respect to the consultation and knowledge management requirements, and the proposed manner in which those activities are to be carried out.
Railway Safety Management System Regulations, 2015 — 4
Railway company 4 (1) This Part applies to a railway company. Delayed application (2) In the case of a railway company that begins railway operations after the day on which these Regulations come into force, sections 21 to 23 do not apply until the day that is six months after the day on which the railway company begins railway operations.
Railway Safety Management System Regulations, 2015 — 5
Processes 5 A railway company must develop and implement a safety management system that includes (a) a process for accountability; (b) a process with respect to a safety policy; (c) a process for ensuring compliance with regulations, rules and other instruments; (d) a process for managing railway occurrences; (e) a process for identifying safety concerns; (f) a risk assessment process; (g) a process for implementing and evaluating remedial action; (h) a process for establishing targets and developing initiatives; (i) a process for reporting contraventions and safety hazards; (j) a process for managing knowledge; (k) a process with respect to scheduling; and (l) a process for continual improvement of the safety management system.
Railway Safety Management System Regulations, 2015 — 6
Index 6 (1) A railway company must keep an up-to-date index of all the processes referred to in section 5 that it has implemented. Content of index (2) The index must indicate the date of the last revision of the railway company’s safety policy and must indicate, for each process, (a) the management position occupied by a person designated under subsection 8 (4), if applicable; (b) the procedures, plans and methods required by this Part that are associated with the process, and the date of their last revision; and (c) the position in the railway company that has responsibility for the development and implementation of the procedures, plans and methods.
Railway Safety Management System Regulations, 2015 — 7
Procedures, plans and methods 7 Every procedure, plan and method required by this Part must be in writing and must indicate the date of its last revision.
Railway Safety Management System Regulations, 2015 — 8
Designation of executive 8 (1) A railway company must designate an executive who is responsible for the operations and activities of the railway company to be accountable for the extent to which the requirements of the safety management system are met, including its effectiveness in achieving the highest level of safety in its railway operations. Notice to Minister (2) The railway company must provide the Minister with the name of the accountable executive as soon as possible after he or she has been designated. Declaration to the Minister (3) The railway company must ensure that, within 30 days after the day on which it designates an accountable executive, the accountable executive provides the Minister with a signed declaration accepting accountability for the extent to which the requirements of the safety management system have been met. Designation of managers (4) The railway company may, in its safety management system, permit the accountable executive to designate one or more persons to develop and implement one or more of the processes required by this Part. A designated person must occupy a management position within the railway company that includes responsibilities relevant to the process or processes and the authority to make decisions with respect to that process or those processes. Annual update (5) If the accountable executive designates a person under subsection (4), the accountable executive must ensure that the person reports to him or her, on an annual basis, with respect to (a) any problems following the procedures or implementing the plans and methods, and the manner in which those problems have been or are being resolved or, if applicable, the reasons why they have not been or are not being resolved; and (b) the effectiveness of the procedures, plans and methods in contributing to the improvement of the safety of the railway company’s operations.
Railway Safety Management System Regulations, 2015 — 9
Safety policy 9 (1) A railway company must include, in its safety management system, a written safety policy that reflects the railway company’s commitment to promoting railway safety. The policy must be approved and signed by the accountable executive. Annual review (2) The railway company must ensure that its safety policy is reviewed annually. Communication (3) The railway company must communicate its safety policy, and any changes to the policy, to its employees.
Railway Safety Management System Regulations, 2015 — 10
List of instruments 10 (1) A railway company must include, in its safety management system, a list of the following instruments relating to railway safety: (a) any regulations made under the Act that apply to the railway company and that are in force; (b) any engineering standards approved by the Minister under section 7 of the Act or established by the Minister under subsection 19(7) of the Act that apply to the railway company and that are in effect; (c) any rules approved or established by the Minister under section 19 of the Act that apply to the railway company and that are in force; (d) any exemptions granted under section 22 or 22.1 of the Act that apply to the railway company and that are in effect; (e) any notices sent to the railway company under section 31 of the Act that contain an order and that are in effect; and (f) any documents in effect by which the Minister has ordered the railway company to do or to not do something, including a ministerial order issued under section 32 of the Act and an emergency directive sent under section 33 of the Act. Date and subject matter (2) The list of instruments must include (a) in the case of an engineering standard or a rule, the date on which it was approved or established; and (b) in the case of an exemption, a notice, or a document referred to in paragraph (1)(f), the date and subject matter. Update (3) The railway company must keep the list of instruments up to date and must indicate the date of its last revision.
Railway Safety Management System Regulations, 2015 — 11
Procedure 11 A railway company must include, in its safety management system, a procedure for (a) reviewing and updating the list of instruments referred to in subsection 10 (1); and (b) verifying compliance with (i) the requirements of the regulations, engineering standards, rules, and notices and documents containing an order, that are referred to in the list of instruments, and (ii) the terms of the exemptions referred to in the list of instruments.
Railway Safety Management System Regulations, 2015 — 12
Procedure 12 (1) A railway company must include, in its safety management system, a procedure for (a) reporting a railway occurrence to the railway company’s management; and (b) reviewing a railway occurrence. Communication (2) The railway company must communicate to its employees the procedure for reporting railway occurrences.
Railway Safety Management System Regulations, 2015 — 13
Analyses 13 A railway company must, on a continual basis, conduct analyses of its railway operations to identify safety concerns, including any trends, any emerging trends or any repetitive situations. The analyses must, at a minimum, be based on (a) any reports of railway occurrences; (b) any internal documentation relating to railway occurrences; (c) any reports of injuries; (d) the results of any inspections conducted by the railway company or by a railway safety inspector; (e) any reports of contraventions or safety hazards that are received by the railway company from its employees; (f) any complaints relating to safety that are received by the railway company; (g) any data from safety monitoring technologies; (h) the conclusions of the annual report referred to in subsection 29 (3); and (i) the findings of any audit reports.
Railway Safety Management System Regulations, 2015 — 14
Procedure 14 A railway company must include, in its safety management system, a procedure for conducting the analyses referred to in section 13 .
Railway Safety Management System Regulations, 2015 — 15
Risk assessment 15 (1) A railway company must conduct a risk assessment in the following circumstances: (a) when it identifies a safety concern in its railway operations as a result of the analyses conducted under section 13 ; (b) when it proposes to begin transporting dangerous goods, or to begin transporting dangerous goods different from those it already transports; or (c) when a proposed change to its railway operations, including a change set out below, may affect the safety of the public or personnel or the protection of property or the environment: (i) the introduction or elimination of a technology, or a change to a technology, (ii) the addition or elimination of a railway work, or a change to a railway work, (iii) an increase in the volume of dangerous goods it transports, (iv) a change to the route on which dangerous goods are transported, or (v) a change affecting personnel, including an increase or decrease in the number of employees or a change in their responsibilities or duties. Components (2) The risk assessment must (a) describe the circumstances that triggered the requirement to conduct the risk assessment; (b) identify and describe the risks associated with those circumstances; (c) identify the factors taken into account in the risk assessment, including the persons who may be affected and whether property or the environment is affected; (d) indicate, for each risk, the likelihood that the risk will occur and the severity of its consequences; (e) identify the risks that require remedial action; and (f) identify the remedial action for each of those risks.
Railway Safety Management System Regulations, 2015 — 16
Consultation 16 (1) When identifying the risks that require remedial action and the remedial action to be implemented, a railway company must consult with the bargaining agents representing the employees of the railway company who are affected by any of those risks or, if there is no bargaining agent, with (a) the employees of the railway company who are affected by any of those risks; or (b) a representative selected by the employees of the railway company. Communication (2) The railway company must communicate the risks identified as requiring remedial action, and the remedial action to be implemented, to the employees of the railway company who are affected by any of the circumstances referred to in subsection 15 (1).
Railway Safety Management System Regulations, 2015 — 17
Procedure, plan and method 17 A railway company must include, in its safety management system, (a) a procedure for identifying the risks that require remedial action, taking into account, for each risk, the likelihood that the risk will occur and the severity of its consequences; (b) a plan for the consultation referred to in subsection 16 (1); and (c) a method for evaluating the level of risk, taking into account the likelihood that a risk will occur and the severity of its consequences.
Railway Safety Management System Regulations, 2015 — 18
Remedial action — implementation 18 (1) A railway company must implement remedial action with respect to the risks that it has identified in its risk assessment as requiring remedial action. Remedial action — evaluation (2) The railway company must evaluate the effectiveness of the remedial action in reducing or eliminating the risks.
Railway Safety Management System Regulations, 2015 — 19
Consultation 19 When evaluating the effectiveness of remedial action with respect to a risk, a railway company must consult with the bargaining agents representing the employees of the railway company who are affected by the risk or, if there is no bargaining agent, with (a) the employees of the railway company who are affected by the risk; or (b) a representative selected by the employees of the railway company.
Railway Safety Management System Regulations, 2015 — 20
Procedures and plan 20 A railway company must include, in its safety management system, (a) a procedure for selecting the remedial action to be implemented; (b) a procedure for implementing the remedial action and evaluating its effectiveness; and (c) a plan for the consultation referred to in section 19 .
Railway Safety Management System Regulations, 2015 — 21
Targets and initiatives 21 (1) A railway company must, for each calendar year, (a) establish targets designed to improve the safety of its railway operations; and (b) develop initiatives to achieve each target. Basis for establishing targets (2) The targets must be based on the analyses conducted under section 13 and must take into account the results of any previous analyses.