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

Marginal note:Reconsideration

• 27.7 (1) In the case of a decision made under subsection 27.1(3), if the appeal panel has, on an appeal under section 27.5, dismissed the appeal or if the Minister has, after reconsidering the matter pursuant to paragraph 27.4(4)(a) or 27.5(3)(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to constitute, or is likely to continue to constitute, an immediate threat to railway security.

• Marginal note:Procedure applicable

  (2) On receipt of a request by a person under subsection (1), the Minister shall without delay conduct the reconsideration and inform the person of his or her decision regarding the request. Sections 27.2 to 27.6 apply in respect of that decision, with any modifications that are necessary.

Definition of designation

27.8 For the purposes of sections 27.1 to 27.7, designation includes any privilege accorded by a designation.

Marginal note:Inspector’s powers

• 28 (1) A railway safety inspector may, at any time,

  • (a) for the purpose of ensuring compliance with this Act and with the regulations, emergency directives, rules, orders and security measures made under this Act, enter any place, other than a private dwelling-place, where activities are carried on that relate directly or indirectly to the operation or maintenance of a railway or the operation of railway equipment, and carry out any inspection that the inspector considers necessary in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector;

  • (a.1) require any person appearing to be in charge of the place to produce any document, regardless of physical form or characteristics, for inspection or for the purpose of making copies or taking extracts;

  • (b) seize any property found in the course of that inspection on the railway work or in the railway equipment that the inspector believes, on reasonable grounds, will afford evidence with respect to an offence under this Act, and may submit that property to reasonable tests; and

  • (c) require the attendance of persons whom the inspector deems relevant to the carrying out of the inspector’s functions, and may question those persons.

• Marginal note:Communication authorized

  (1.1) A company is authorized to communicate to a railway safety inspector the information that it recorded, collected or preserved under subsection 17.31(1) and that is contained in a document that the railway safety inspector requires it to produce under paragraph (1)(a.1), for the purpose of verifying compliance with section 17.31 and regulations made under section 17.95.

• Marginal note:Idem

  (2) Where a railway safety inspector believes, on reasonable grounds, that an offence under this Act is being or has been committed at or in any place other than a railway work or railway equipment and that evidence of that offence is likely to be found at that place, the inspector may, if the offence relates to a matter for which the inspector is designated, and subject to subsection (3),

  • (a) enter and search that place for evidence of that offence; and

  • (b) seize any property found in the course of the search that the inspector believes, on reasonable grounds, will afford evidence with respect to that offence, and submit that property to reasonable tests.

• Marginal note:Conditions for exercise of powers under subsection (2)

  (3) A railway safety inspector shall not exercise the powers referred to in subsection (2) unless

  • (a) the person apparently in charge of the place consents to the entry and search;

  • (b) the powers are exercised in relation to that place under the authority of a warrant; or

  • (c) by reason of exigent circumstances, it would not be practicable for the inspector to obtain a warrant.

• Marginal note:Forcible entry must be specifically authorized

  (4) In executing a warrant, a railway safety inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Seized property to be returned

• 29 (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

• 30 (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

• 31 (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.

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

• 31.1 (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.

Marginal note:Right of appeal

• 31.2 (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.

Marginal note:No stay of order

31.3 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).