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

Marginal note:Compliance with certificate, regulations and rules

17.2 No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.

Marginal note:Compliance with engineering standards

17.21 No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

Marginal note:Crossing works

17.3 No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.

Marginal note:Recording instruments

• 17.31 (1) No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

  • (a) the railway equipment is fitted with the prescribed recording instruments; and

  • (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.

• Marginal note:Use or communication

  (2) No company referred to in subsection (1) shall use or communicate the information that it records, collects or preserves under that subsection unless the use or communication is in accordance with the law.

• Marginal note:Prevention of recording, collection or preservation

  (3) No person shall do anything, including alter the recording instruments referred to in subsection (1), with the intent to prevent information from being recorded, collected or preserved under that subsection.

Railway Operating Certificate

Marginal note:Issuance of certificate

• 17.4 (1) The Minister shall, on application, issue a railway operating certificate authorizing a person to operate and maintain a railway, or to operate railway equipment on a railway, if the Minister is satisfied that the prescribed conditions for obtaining one have been met.

• Marginal note:Terms and conditions

  (2) A railway operating certificate may contain any terms and conditions that the Minister considers appropriate.

• Marginal note:Variation

  (3) The Minister may, on application by a company, vary the terms and conditions of its railway operating certificate.

• Marginal note:Time limit

  (4) A decision by the Minister whether to issue or vary a railway operating certificate shall be made as expeditiously as possible within 120 days after receipt of the application unless the applicant agrees otherwise.

• Marginal note:Suspension or cancellation

  (5) The Minister may suspend or cancel a company’s railway operating certificate if the company has

  • (a) ceased to meet any of the prescribed conditions for obtaining the certificate;

  • (b) contravened any provision of this Act or the regulations or any rule, order, standard or emergency directive made under this Act; or

  • (c) requested its suspension or cancellation.

Marginal note:Notice of decision

• 17.5 (1) The Minister shall notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5).

• Marginal note:Contents of notice

  (2) The notice of decision shall specify

  • (a) the grounds of the Minister’s decision; and

  • (b) the address at which and the date, being thirty days after the notice is sent, on or before which the person may file a request for a review of the decision.

• Marginal note:Effective date of decision

  (3) The effective date of a decision is the day on which the notice is received by the person or company unless the notice specifies a later date.

Marginal note:Request for review

• 17.6 (1) A person or a company affected by a decision of the Minister under subsection 17.4(1), (3) or (5) may, on or before the date specified in the notice under section 17.5 or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the decision.

• Marginal note:Effect of request

  (2) A request under subsection (1) for a review of a decision under subsection 17.4(5) does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the review is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Time and place for review

• 17.7 (1) On receipt of a request filed under subsection 17.6(1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.

• Marginal note:Review procedure

  (2) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Determination

  (3) The member may confirm the decision of the Minister or refer the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (4) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (3), the decision of the Minister remains in effect until the reconsideration is concluded. However, the member, after considering any representations made by the parties, may grant a stay of the decision until the reconsideration is concluded, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Right of appeal

• 17.8 (1) Within thirty days after a determination made under subsection 17.7(3) by a member of the Tribunal, the person or company affected by the determination may appeal it to the Tribunal.

• Marginal note:Effect of request

  (2) A request under subsection (1) for an appeal of a decision under subsection 17.4(5) does not operate as a stay of the decision.

• Marginal note:Exception

  (3) On application in writing by the person or company affected by a decision made under subsection 17.4(5), after giving any notice to the Minister that is, in the member’s opinion, necessary and after considering any representations made by the parties, a member of the Tribunal assigned for the purpose may grant a stay of the decision until the appeal is completed, if he or she is satisfied that granting a stay would not constitute a threat to railway safety.

• Marginal note:Loss of right of appeal

  (4) A person or company 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

  (5) The appeal panel of the Tribunal assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

• Marginal note:Effect of decision pending reconsideration

  (6) If a decision under subsection 17.4(5) is referred back to the Minister for reconsideration under subsection (5), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 17.4(5) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to railway safety.

Marginal note:Regulations

• 17.9 (1) The Governor in Council may make regulations

  • (a) respecting conditions to be met for the issuance of a railway operating certificate;

  • (b) respecting the form and content of applications for railway operating certificates and the process for obtaining a certificate or the variation of one; and

  • (c) exempting any class of persons from the application of section 17.1.

• Marginal note:Application

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

Recording Instruments

Marginal note:Companies — use of information

• 17.91 (1) A company may use the information that it records, collects or preserves under subsection 17.31(1) for the purposes of

  • (a) conducting analyses under section 13, 47 or 74 of the Railway Safety Management System Regulations, 2015; and

  • (b) determining the causes and contributing factors of an accident or incident that the company is required to report under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate.

• Marginal note:Information randomly selected

  (2) The information that the company may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

• Marginal note:Use — threat to safety of railway operations

  (3) If a company uses information under subsection (1), it may also use that information to address a prescribed threat to the safety of railway operations.

• Marginal note:Personal Information Protection and Electronic Documents Act and provincial legislation

  (4) A company that collects, uses or communicates information under this section, section 17.31 or 17.94, subsection 28(1.1) or 36(2) or regulations made under section 17.95 may do so

  • (a) despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the collection, use, disclosure and retention of information, and despite section 7 of that Act; and

  • (b) despite any provision of provincial legislation that is substantially similar to Part 1 of the Act referred to in paragraph (a) and that limits the collection, use, communication or preservation of information.

Marginal note:Minister — use of information

• 17.92 (1) The Minister may use the information that a company records, collects or preserves under subsection 17.31(1) for the purposes of

  • (a) developing policies;

  • (b) determining the causes and contributing factors of an accident or incident that must be reported under the Canadian Transportation Accident Investigation and Safety Board Act to the Canadian Transportation Accident Investigation and Safety Board and that the Board does not investigate; and

  • (c) verifying compliance with section 17.31 and regulations made under section 17.95.

• Marginal note:Information randomly selected

  (2) The information that the Minister may use for the purpose referred to in paragraph (1)(a) shall be selected randomly in accordance with the regulations.

• Marginal note:Use — threat to safety of railway operations

  (3) If the Minister uses information under paragraph (1)(a) or (b), he or she may also use that information to address a threat to the safety of railway operations.