Administrative Monetary Penalties

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.

Marginal note:Designation of enforcement officers

• 40.11 (1) The Minister may designate persons, or classes of persons, as enforcement officers.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Notices of violation

40.12 The Minister may establish the form and content of notices of violation.

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Burden of proof

  (4) The Minister has the burden of establishing that a person has committed a violation.

• Marginal note:Person not compelled to testify

  (5) A person alleged to have committed a violation is not required to give evidence.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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).

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Marginal note: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.

Marginal note:Nomination

• 44. (1) Tout juge d’une cour supérieure peut nommer un agent de police chargé de faire observer la partie III de la Loi sur les transports au Canada, ainsi que les autres lois fédérales ou les lois provinciales touchant la protection des biens qu’administre ou possède la compagnie de chemin de fer, ou dont elle est propriétaire, ou la protection de personnes ou de biens se trouvant en des lieux qu’elle administre ou possède ou dont elle est propriétaire.

• Marginal note:Restriction

  (2) La nomination ne peut se faire que sur demande de la compagnie de chemin de fer qui administre ou possède des biens, ou en est le propriétaire, dans le ressort où le juge a compétence.

• Marginal note:Compétence de l’agent de police

  (3) L’agent de police exerce sa compétence sur les biens que la compagnie de chemin de fer administre ou possède ou dont elle est propriétaire, ainsi qu’en tout lieu se trouvant dans un rayon de cinq cents mètres de ceux-ci.

• Marginal note:Pouvoirs de l’agent de police

  (4) L’agent de police peut amener toute personne inculpée d’une infraction créée par la partie III de la Loi sur les transports au Canada ou par toute autre loi visée au paragraphe (1) devant un tribunal ayant compétence dans le ressort où sont situés des biens que la compagnie de chemin de fer administre ou possède ou dont elle est propriétaire, indépendamment du lieu d’arrestation ou du lieu, réel ou présumé, de perpétration.

• Marginal note:Compétence du tribunal

  (5) Le tribunal statue sur le cas comme si l’inculpé avait été arrêté dans son ressort et y avait commis l’infraction, sauf si le lieu présumé de perpétration est situé à l’extérieur de la province.

• Marginal note:Destitution ou licenciement

  (6) Tout juge visé au paragraphe (1) ou la compagnie de chemin de fer peut destituer ou licencier l’agent de police, ce qui met fin à l’exercice des attributions qui lui sont conférées aux termes du présent article.

• Marginal note:Dépôt

  (2) La compagnie de chemin de fer dépose auprès du ministre un double de la procédure. Elle met en oeuvre les recommandations de celui-ci, notamment celles concernant les moyens de porter à la connaissance du public l’existence de la procédure.

• (g) railway operating certificates issued under section 17.4 and notices of decision given under section 17.5; or

• (h) orders made under section 36.

Regulations — General

Marginal note:Regulations — safety management systems

• 47.1 (1) The Governor in Council may make regulations respecting safety management systems including, but not limited to, regulations respecting

  • (a) the establishment by companies of safety management systems that include

    • (i) the identification of an executive who is

      • (A) responsible for operations and activities of a company, and

      • (B) accountable for the extent to which the requirements of the safety management system have been met,

    • (ii) the implementation, as a result of a risk management analysis, of the remedial action required to maintain the highest level of safety,

    • (iii) the continuous monitoring and regular assessment of the level of safety achieved,

    • (iv) in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to Transport Canada by employees of contraventions of this Act or of any regulations, rules, certificates, orders or emergency directives under this Act relating to safety, or of other safety concerns, and

    • (v) in the case of a railway company, the involvement of employees and their collective bargaining agents in the ongoing operation of the safety management system;

  • (b) the development and implementation of safety management systems by companies, including the involvement of employees and their collective bargaining agents in the case of railway companies; and

  • (c) the criteria to which the safety management system must conform as well as the components, including the principle of fatigue science applicable to scheduling, that must be included in a safety management system.

• Marginal note:Release of pollutants

  (2) The Governor in Council may make regulations respecting the release of pollutants into the environment from the operation of railway equipment by a railway company including, but not limited to, regulations respecting

  • (a) the keeping of records and information and their filing with the Minister; and

  • (b) the form and content of labels to be affixed to railway equipment and their placement on railway equipment.

• Marginal note:Environmental management plan

  (3) The Governor in Council may make regulations requiring a railway company to file with the Minister environmental management plans and compliance audits with respect to those plans.

• Marginal note:Application

  (4) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:Ministerial regulations — fees and charges

• 47.2 (1) The Minister may make regulations prescribing any fees or charges, or determining the manner of calculating any fees or charges, to be paid

  • (a) for services or the use of facilities provided by the Minister in the administration of this Act; or

  • (b) in relation to the filing of documents and the making of applications for and the issuance of certificates, exemptions, licences or approvals under this Act.

• Marginal note:Limitation

  (2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay fees or charges.

• Marginal note:Application

  (3) A regulation made under this section may be general or applicable to a group or class of companies.

Marginal note:Review by House of Commons committee

• 47.3 (1) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons.

• Marginal note:Review by Senate committee

  (2) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate.