An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act (S.C. 2012, c. 7)
Full Document:
Assented to 2012-05-17
Marginal note:1999, c. 9, ss. 13 to 16
14. (1) Sections 19 to 22.1 of the Act are replaced by the following:
Marginal note:Formulation or revision of rules
19. (1) The Minister may, by order, require a company
(a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and
(b) within a specified period, to file the formulated or revised rules with the Minister for approval.
Marginal note:Company to consult
(2) A company shall not file rules with the Minister under subsection (1) unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the implementation of the rules; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.
Marginal note:Notice to accompany rules
(3) When rules are filed with the Minister by a company pursuant to an order under subsection (1), the company shall, by notice filed with those rules, identify each association or organization or any railway company that was consulted and attach a copy of any objection that is made by any of them on grounds of safety.
Marginal note:Consideration of rules
(4) After rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall consider, without delay, whether, in the Minister’s opinion and after having regard to current railway practice, to the views of the company and the views of each relevant association or organization or any railway company identified under subsection (3) and to any other factor that the Minister considers relevant, those rules are conducive to safe railway operations by the company, and shall, before the expiration of the assessment period in relation to those rules,
(a) if the Minister is so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or
(b) if the Minister is not so satisfied, notify the company and each association or organization or any railway company identified under subsection (3) that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.
Marginal note:Request for amendment to terms and conditions
(4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend the terms and conditions specified under paragraph (4)(a), and shall send a copy of the request to
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the amendment to the terms and conditions; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the amendment to the terms and conditions.
Marginal note:Amendments
(4.2) After receiving a request from a company under subsection (4.1), the Minister may amend the terms and conditions and, in that case, shall provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection (4.1).
Marginal note:Minister may seek advice
(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter.
Marginal note:Effective date of rules
(5.1) Rules approved by the Minister under subsection (4) come into force on a day specified by the Minister, but if they replace any regulations, they may not come into force earlier than the day on which the regulations are repealed.
Marginal note:Revision of rules
(6) If the Minister notifies a company that the Minister refuses to approve rules filed by the company in respect of a matter pursuant to an order under subsection (1),
(a) the company may, unless the Minister indicates in that notice an intention to establish rules in respect of that matter under subsection (7), formulate and file with the Minister further rules as if the order made pursuant to subsection (1) had been made on the date of receipt by the company of the notice of refusal; and
(b) the provisions of this section apply in relation to those further rules, with any modifications that the circumstances require.
Marginal note:Failure to file rules
(7) If, in respect of a matter, a company fails to file rules pursuant to an order under subsection (1), or a company files rules pursuant to an order under subsection (1) but the Minister refuses to approve those rules, the Minister may, by order, establish rules in respect of that matter.
Marginal note:Consultation
(8) The Minister may not, under this section, establish rules applying to a company unless the Minister
(a) has given, during a period of sixty days, a reasonable opportunity for consultation with the Minister on the rules to that company and
(i) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules, and
(ii) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules; and
(b) has considered any objection, on grounds of safety, to the establishment of the rules that is made in the course of that consultation.
Marginal note:Rules established by Minister
(9) Rules established by the Minister under subsection (7) in relation to a company have the same effect as if they had been formulated by the company and approved by the Minister under subsection (4).
Definition of “assessment period”
(10) Subject to subsection (11), in this section, “assessment period”, in relation to rules filed with the Minister under this section, means
(a) the period of sixty days commencing on the day after the day on which the rules are filed; or
(b) if, before the expiration of that period of sixty days, the Minister determines that, by reason of the complexity of the rules or the number of rules filed or for any other reason, it will not be feasible to consider the rules within that period, and so notifies the company concerned, any greater period that the Minister specifies in the notice.
Marginal note:Period of inquiry not part of assessment period
(11) If, pursuant to section 40, the Minister directs persons to conduct an inquiry respecting proposed rules, the period commencing on the day when the Minister so directs and ending on the day when the persons report back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.
Marginal note:Formulation or revision of rules
20. (1) A company shall file with the Minister for approval any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it proposes to formulate or revise on its own initiative.
Marginal note:Consultation
(2) A company may not file rules with the Minister under subsection (1) unless it has first given a reasonable opportunity during a period of sixty days for consultation with it concerning the rules,
(a) in the case of a railway company, to each relevant association or organization that is likely to be affected by the implementation of the rules; or
(b) in the case of a local railway company, to any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the implementation of the rules.
Marginal note:Rules to be accompanied by notice
(3) Rules filed with the Minister by a company pursuant to subsection (1) shall be accompanied by a notice
(a) setting out the reasons why the company proposes to formulate or revise the rules; and
(b) identifying any relevant association or organization or any railway company that objects, on grounds of safety, to the implementation of those rules and attaching a copy of the notice of objection.
Marginal note:Application of certain provisions
(4) Subsections 19(4) to (5.1), (10) and (11) apply in relation to the filing and consideration of rules filed with the Minister under subsection (1) as if the rules had been duly filed in compliance with an order made under subsection 19(1).
Marginal note:Third party
20.1 A third party may act for and on behalf of a company in all matters relating to the formulation or revision of standards or rules under sections 7, 19 and 20.
Marginal note:Regulations — formulation of rules
20.2 (1) The Governor in Council may make regulations respecting the process for the formulation or revision of rules applicable to companies and for the amendment of their terms and conditions.
Marginal note:Application
(2) A regulation made under subsection (1) may be general or applicable to a group or class of companies.
Miscellaneous Provisions Relating to Regulations and Rules
Marginal note:Uniformity of rules
21. In establishing, under section 19 or 20, rules applying to a particular company or in deciding, under section 19 or 20, whether to approve rules formulated or revised by, and applying to, a particular company, the Minister shall, to the extent that it is, in the opinion of the Minister, reasonable and practicable to do so, ensure that those rules are uniform with rules dealing with a like matter and applying to other companies.
Marginal note:Exemption by order in council
22. (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,
(a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or
(b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).
Marginal note:Exemption by Minister
(2) If, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that are specified in the notice,
(a) exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or
(b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).
Marginal note:Sending of notices
(3) A notice under subsection (2) shall be sent to the company or person exempted by the notice and takes effect on receipt by that company or person.
Marginal note:Application
(4) A company may apply to the Minister for an exemption from the application of a specified provision of regulations under subsection 18(1), (2) or (2.1) or of rules in force under section 19 or 20.
Marginal note:Company to consult
(5) A company may not apply for an exemption under subsection (4) unless it has first given
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption, and
(b) in the case of a local railway company, any railway company on whose line the local railway company operates railway equipment and that is likely to be affected by the exemption,
a reasonable opportunity during a period of sixty days to consult with it, except that it may apply for the exemption before the end of those sixty days if it has received comments from all those associations and organizations or from that railway company, as the case may be.
Marginal note:Copy of comments
(6) The company shall send with its application to the Minister a copy of all comments received from relevant associations and organizations or the railway company.
Marginal note:Period for granting application
(7) The Minister may grant the application within sixty days after receiving it if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safe railway operations. The Minister may extend the time for granting the application for an additional period of up to sixty days.
Marginal note:Other exemptions
22.1 (1) A company that proposes to conduct testing relating to railway transportation, or that requires an immediate exemption of short duration, may by notice seek an exemption from the application of any provision of standards formulated under section 7, regulations made under subsection 18(1) or (2) or 24(1) or rules in force under section 19 or 20 for a period of up to six months.
Marginal note:Notice
(2) A notice under subsection (1) shall be filed with the Minister and
(a) in the case of a railway company, each relevant association or organization that is likely to be affected by the exemption; or
(b) in the case of a local railway company, any railway company on whose railway the local railway company operates railway equipment and that is likely to be affected by the exemption.
Marginal note:Objections
(3) Each of the relevant associations or organizations or the railway company to which notice must be given, as the case may be, may object to an exemption on grounds of safety by filing its objection with the Minister and the company within fourteen days after the notice referred to in subsection (1) is filed.
Marginal note:Minister’s decision
(4) The Minister may
(a) within twenty-one days after the filing of an objection under subsection (3), confirm the objection if the Minister decides that the exemption threatens safety;
(b) within twenty-one days after the filing of an objection under subsection (3) or within thirty-five days after receiving a notice under subsection (1), impose terms and conditions on the exemption that the Minister considers appropriate, if the Minister is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety; or
(c) within thirty-five days after receiving the notice under subsection (1), deny the exemption if the Minister is of the opinion that the exemption is not in the public interest or is likely to threaten safety.
Marginal note:Effective date
(5) An exemption is effective if
(a) the company receives a response from the Minister and each of those associations and organizations or the railway company, as the case may be, indicating that they do not object to the exemption;
(b) no objections are confirmed by the Minister under paragraph (4)(a);
(c) the Minister, instead of making or confirming an objection, imposes terms and conditions under paragraph (4)(b) and the company complies with the terms and conditions; or
(d) the Minister does not deny the exemption under paragraph (4)(c).
(2) Subsections 19(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:
Marginal note:Manner of making rules
(2) A company shall comply with the regulations made under section 20.2 in the formulation and filing of its rules.
(3) Subsections 19(4) to (4.2) of the Act, as enacted by subsection (1), are replaced by the following:
Marginal note:Consideration of rules
(4) If rules are filed with the Minister by a company pursuant to an order under subsection (1), the Minister shall without delay consider whether, in the Minister’s opinion, those rules are conducive to safe railway operations by the company — having regard to current railway practice, to the views of the company and each person that the company was required by the regulations to consult on the rules, and to any other factor that the Minister considers relevant — and shall, before the expiration of the assessment period in relation to those rules,
(a) if the Minister is satisfied that the rules are conducive to those operations, notify the company and each person whose views were considered that the Minister approves those rules, either absolutely or on any terms and conditions that are specified in the notice; or
(b) if the Minister is not so satisfied, notify the company and each person whose views were considered that the Minister refuses to approve those rules and of the reasons why the Minister is not so satisfied.
Marginal note:Request for amendment to terms and conditions
(4.1) A company referred to in subsection (4) may, on the basis of new information about the safety of railway operations, request the Minister to amend any terms or conditions specified under that subsection in accordance with the prescribed process.
Marginal note:Amendments
(4.2) After receiving a request from a company under subsection (4.1), the Minister may amend any terms or conditions specified under subsection (4) and, in that case, shall provide a copy of the amendments to each person that the company was required by regulation to consult on the request for amendments.
(4) Paragraph 19(8)(a) of the Act, as enacted by subsection (1), is replaced by the following:
(a) has given, during a period of sixty days, a reasonable opportunity to consult with the Minister on the rules to that company and each person that the company would be required to consult if the rules were formulated by the company following an order made under subsection (1); and
(5) Subsections 20(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:
Marginal note:Manner of making rules
(2) A company shall comply with the regulations made under section 20.2 in the formulation and revision of its rules.
- Date modified: