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

Full Document:  

Act current to 2022-09-22 and last amended on 2022-09-02. Previous Versions

PART IVAdministration and Enforcement (continued)

Railway Safety Inspectors and Screening Officers (continued)

Marginal note:Seized property to be returned

  •  (1) Any property seized by a railway safety inspector under section 28 shall be returned to the person from whom the seizure was made or to any other person who appears on reasonable grounds to be entitled thereto, after

    • (a) the provision of this Act or the regulations, the emergency directive, the rule or the order in respect of the contravention of which the property was seized has, in the opinion of the inspector, been complied with, or

    • (b) the expiration of a period of thirty days from the day of the seizure,

    whichever first occurs, unless before that time proceedings are instituted in respect of an offence under this Act in relation to the property seized, in which case it may be detained until the proceedings are finally concluded.

  • Marginal note:Application for return of seized property

    (2) Where proceedings referred to in subsection (1) have been instituted, a person from whom property that is the subject-matter of the proceedings was seized, or any other person who appears on reasonable grounds to be entitled to that property, may apply to the court before which the proceedings were instituted for an order that the property be returned to the applicant.

  • Marginal note:Court order

    (3) Where the court is satisfied that

    • (a) sufficient evidence for the purposes of the proceedings exists or may be produced without detaining the seized property, and

    • (b) no threat to safe railway operations would result from the release of the property,

    the court may grant the application and order the return of the property forthwith to the applicant, subject to any terms and conditions that appear necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

  • Marginal note:Where person convicted

    (4) Seized property that is detained until the final conclusion of proceedings shall be returned to the person from whom the seizure was made, or to any other person who appears on reasonable grounds to be entitled thereto, unless that person has been convicted of an offence under this Act, in which case the property may be detained until any fine imposed on conviction has been paid, or sold under execution in satisfaction of the fine or any part thereof.

Marginal note:Assistance to inspectors

  •  (1) The owner or person in charge of any railway work, railway equipment or other place, building or work inspected by a railway safety inspector pursuant to section 28, and every person found therein or thereat, shall give the inspector all reasonable assistance in that person’s power to enable that inspector to carry out the inspector’s functions under this Act.

  • Marginal note:Obstruction of inspectors

    (2) No person shall, while a railway safety inspector is carrying out the inspector’s functions under this Act,

    • (a) fail to comply with any reasonable request of the inspector;

    • (b) except with the authority of the inspector, remove, alter or interfere in any way with any thing seized or removed by the inspector; or

    • (c) otherwise obstruct or hinder the inspector.

Notices of Railway Safety Inspectors Concerning the Safety or Security of Railway Operations

Marginal note:Notice — threat

  •  (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

  • Marginal note:Notice — immediate threat

    (2) If the railway safety inspector is satisfied that the threat is immediate, the inspector may, in the notice, order the person or any company whose railway operations are affected by the threat, to take the measures that are specified in the notice to mitigate the threat until it has been removed to the inspector’s satisfaction.

  • (2.1) to (4) [Repealed, 2015, c. 31, s. 25]

  • Marginal note:Contents of notice

    (4.1) For the purposes of subsection (2), a notice that contains an order shall indicate the date on or before which the recipient may file a request for a review of the order and the address to which the request may be filed. The date shall be 30 days after the day on which the notice is sent.

  • Marginal note:Minister to be informed of order

    (5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.

  • Marginal note:Copies sent to company supervisor

    (6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is responsible for the person or the railway operations that are affected by the threat or, in that supervisor’s absence, to the employee who is at that time in charge of that person or those operations.

  • Marginal note:Effect of order

    (7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.

  • Marginal note:Alteration and revocation of orders by other inspectors

    (8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act.

  • Marginal note:Reviewable order

    (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.

  • Marginal note:When alteration or revocation effective

    (10) An alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation.

  • R.S., 1985, c. 32 (4th Supp.), s. 31
  • 1999, c. 9, s. 24
  • 2001, c. 29, s. 66
  • 2012, c. 7, s. 21
  • 2015, c. 31, ss. 25, 39

Marginal note:Request for review of order of railway safety inspector

  •  (1) A person who is sent a notice under section 31 that contains an order may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the order.

  • Marginal note:Time and place for review

    (2) On receipt of a request filed under subsection (1), the Tribunal shall without delay 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

    (3) 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

    (4) The member may confirm the order or refer the matter to the Minister for consideration.

  • 2001, c. 29, s. 67
  • 2012, c. 7, s. 22

Marginal note:Right of appeal

  •  (1) The person who requested the review under section 31.1 may, within thirty days after the determination, appeal a determination made under subsection 31.1(4) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) If the person does not appear at the review hearing, the person 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 the appeal may dismiss the appeal or refer the matter to the Minister for consideration.

  • 2001, c. 29, s. 67

Marginal note:No stay of order

 An order of a railway safety inspector shall not be stayed pending a review under section 31.1, an appeal under section 31.2 or consideration by the Minister under subsection 31.1(4) or 31.2(3).

  • 2001, c. 29, s. 67

Marginal note:Consideration by Minister

 If a matter is referred to the Minister under subsection 31.1(4) or 31.2(3), or if the Minister on his or her own initiative decides to review an order of a railway safety inspector, the Minister may confirm the order, or may, by order, alter or revoke the order of the railway safety inspector. For greater certainty, the Minister’s order may be made an order of the Federal Court or of any superior court under section 34.

  • 2001, c. 29, s. 67

Marginal note:When alteration or revocation effective

 An alteration or revocation under section 31.4 has effect when the company or other person to whom notice of the order under section 31 was sent receives notice of the alteration or revocation.

  • 2001, c. 29, s. 67
  • 2012, c. 7, s. 23(E)

Ministerial Orders

Marginal note:Orders concerning unauthorized or improperly maintained works

  •  (1) Where, in the opinion of the Minister,

    • (a) a railway work the construction of which began after the coming into force of this section has not been constructed in accordance with the requirements imposed by or under this Act,

    • (b) any railway work has not been altered in accordance with the requirements imposed by or under this Act, or

    • (c) any railway work is not being, or has not been, maintained in accordance with the requirements imposed by or under this Act,

    the Minister may

    • (d) by notice sent to the person responsible for the work, order the person to remove or modify the work, and

    • (e) where a person fails to comply with an order made under paragraph (d), remove and destroy the work concerned and sell, give away or otherwise dispose of the materials contained in that work.

  • Marginal note:Costs

    (2) Where the Minister removes, destroys or disposes of a railway work under paragraph (1)(e), the costs of and incidental to doing so, after deducting therefrom any sum that may be realized by sale or otherwise, are recoverable, with costs, in the name of Her Majesty from the person who failed to remove or modify the work, whether or not proceedings are instituted against that person for failing to comply with an order of the Minister under this section.

  • Marginal note:Contravention of regulations under section 24

    (3) If the Minister is of the opinion that a person has contravened a regulation made under section 24, the Minister

    • (a) by notice sent to the person,

      • (i) shall inform the person of that opinion and of the reasons for it, and

      • (ii) may, if the Minister believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take any action that is necessary to remove the threat; and

    • (b) by notice sent to the railway company concerned,

      • (i) shall inform the railway company of that opinion and of the reasons for it, and

      • (ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to safe railway operations, order the railway company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the Minister’s satisfaction, been taken by the person referred to in paragraph (a).

  • Marginal note:Safety management system deficiencies

    (3.1) If the Minister is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

  • Marginal note:Implementation of safety management system

    (3.2) If the Minister is of the opinion that a company is implementing any part of its safety management system in a manner that risks compromising railway safety, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

  • Marginal note:Railway operation

    (3.21) If the Minister is of the opinion that a railway operation poses a significant threat to the safety of persons or property or to the environment, the Minister may, by notice sent to the person responsible for the railway operation, order the person to take the necessary corrective measures.

  • Marginal note:Contents of notice

    (4) An order contained in a notice under subsection (1) or under any of subsections (3) to (3.21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

  • R.S., 1985, c. 32 (4th Supp.), s. 32
  • 1999, c. 9, s. 25
  • 2001, c. 29, s. 68
  • 2012, c. 7, s. 24
  • 2015, c. 31, ss. 26, 39, c. 35, s. 3

Marginal note:Order — safe railway operations

 If the Minister considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, road authority or municipality, require the company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.

  • 2015, c. 31, s. 27

Marginal note:Request for review

  •  (1) A person to whom a notice that contains an order is sent under section 32 or a company, road authority or municipality to which an order is sent under section 32.01 may, on or before the date specified in the notice or order, as the case may be, or within any further time that the Tribunal on application allows, file a request for a review of the order.

  • Marginal note:Time and place for review

    (2) On receipt of the request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person or the company, road authority or municipality that filed the request of the time and place in writing. In the case of a request for a review of an order made under subsection 32(3) or section 32.01, the Tribunal shall do so without delay.

  • Marginal note:Review procedure

    (3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person, company, road authority or municipality that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

  • Marginal note:Person not compelled to testify

    (4) In a review of an order made under subsection 32(3), a person who the Minister is of the opinion has contravened a regulation made under section 24 is not required, and shall not be compelled, to give any evidence or testimony in the matter.

  • Marginal note:Determination

    (5) The member may confirm the order or refer the matter back to the Minister for reconsideration.

  • 2001, c. 29, s. 69
  • 2012, c. 7, s. 25
  • 2015, c. 31, s. 28

Marginal note:Right of appeal

  •  (1) The person, company, road authority or municipality that requested the review under section 32.1 may, within 30 days after the determination, appeal a determination made under subsection 32.1(5) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) If the person, or an individual who is acting on the behalf of the company, road authority or municipality, does not appear at the review hearing, the person, company, road authority or municipality is not entitled to appeal a determination unless the person or, in the case of a company, road authority or municipality, the individual who is acting on its behalf, establishes that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) 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.

  • 2001, c. 29, s. 69
  • 2015, c. 31, s. 29
 
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