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

Marginal note:Offence by employee or agent

42 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Officers, etc., of corporation

43 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

PART IV.1Police Constables

Marginal note:Appointment

• 44 (1) A judge of a superior court may appoint a person as a police constable for the enforcement of Part III of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property.

• Marginal note:Limitation

  (2) The appointment may only be made on the application of a railway company that owns, possesses or administers property located within the judge’s jurisdiction.

• Marginal note:Jurisdiction

  (3) The police constable has jurisdiction on property under the administration of the railway company and in any place within 500 m of property that the railway company owns, possesses or administers.

• Marginal note:Power to take persons before a court

  (4) The police constable may take a person charged with an offence under Part III of the Canada Transportation Act, or any law referred to in subsection (1), before a court that has jurisdiction in such cases over any area where property owned, possessed or administered by the railway company is located, whether or not the person was arrested, or the offence occurred or is alleged to have occurred, within that area.

• Marginal note:Court’s jurisdiction

  (5) The court must deal with the person as though the person had been arrested, and the offence had occurred, within the area of the court’s jurisdiction, but the court may not deal with the person if the offence is alleged to have occurred outside the province in which the court is sitting.

• Marginal note:Dismissal or discharge of police constable

  (6) A superior court judge referred to in subsection (1) or the railway company may dismiss or discharge the police constable and the dismissal or discharge terminates the powers, duties and privileges conferred on the constable by this section.

Marginal note:Procedures for dealing with complaints

• 44.1 (1) If one or more police constables are appointed with respect to a railway company, the railway company must

  • (a) establish procedures for dealing with complaints concerning police constables;

  • (b) designate one or more persons to be responsible for implementing the procedures; and

  • (c) designate one or more persons to receive and deal with the complaints.

• Marginal note:Procedures to be filed with Minister

  (2) The railway company must file with the Minister a copy of its procedures for dealing with complaints and must implement any recommendations made by the Minister, including recommendations concerning how the procedures are to be made public.

PART VMiscellaneous Provisions

Exercise of Powers

Marginal note:Exercise of powers

45 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the Minister’s powers and duties under this Act, either generally or as otherwise provided in the instrument of authorization.

Statutory Instruments Act

Marginal note:Ministerial orders, etc., not statutory instruments

46 The following are not statutory instruments for the purposes of the Statutory Instruments Act:

• (a) orders made by the Minister under subsection 7(2) or 19(1);

• (b) standards, rules or notices of approval made, filed or sent under subsection 7(2) or (2.1) or section 19 or 20;

• (c) notices of exemption under subsection 22(2);

• (d) orders and notices referred to in sections 31 to 32.5;

• (e) emergency directives made by the Minister under section 33;

• (f) security measures formulated under subsection 39.1(1) and a notice referred to in subsection 39.1(2);

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

• (h) orders made under subsection 36(1).

Regulations — General

Marginal note:Regulations

47 Except with respect to any matter that is to be prescribed under this Act by regulations of the Agency, the Governor in Council may make regulations prescribing anything that by this Act is to be prescribed, and generally for carrying out the purposes and provisions of this Act, and, without limiting the generality of the foregoing, may make regulations

• (a) respecting the time and manner of giving notice of proposed railway works under subsection 8(1), the form and content of such a notice, and the persons to whom the notice is to be given;

• (b) respecting the classification of statements obtained in the course of inquiries held under section 40 as privileged statements, and respecting the communication of statements so classified;

• (c) respecting the tariff of fees and expenses to be paid to any witness attending at an inquiry held under section 40 and the conditions under which a fee or expense may be paid to any such witness; and

• (d) respecting the procedures and rules of evidence to be followed in conducting inquiries held under section 40.

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 designation 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 the Department of Transport 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 a safety management system must conform as well as the components that must be included in the system, including the management of employee fatigue.

• 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 company to file environmental management plans with the Minister and may make regulations respecting those plans and their filing with the Minister.

• 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.

Agreements

Marginal note:Agreement — cost recovery

• 47.4 (1) The Minister may enter into an agreement with any person respecting any matter for which a regulation made under subsection 47.2(1) could prescribe a fee or charge.

• Marginal note:Regulations — exemption

  (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 47.2(1) relate to the same matter, the regulation does not apply to the person who has entered into the agreement in respect of the matter for which payment is required under the agreement.

• Marginal note:Recovery

  (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

• Marginal note:Debt due to Her Majesty

  (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

• Marginal note:Spending

  (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.