Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

AMENDMENTS NOT IN FORCE

• — 2012, c. 7, s. 7(2)

  • • 7 (2) Subsection 7(3) of the Act is replaced by the following:

      • Application of certain provisions

        (3) Section 19 and regulations made under section 20.2 apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to any obligation to consult.

• — 2012, c. 7, ss. 14(2) to (5)

  • • 14 (2) Subsections 19(2) and (3) of the Act, as enacted by subsection (1), are replaced by the following:

      • 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:

      • 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.

      • 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.

      • 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:

      • 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.