PART IIINon-railway Operations Affecting Railway Safety (continued)
Powers of Agency
Marginal note:Reference to Agency
26 (1) Where the parties cannot agree on the compensation referred to in subsection 24(2) or 25(3), any of those parties may, if no right of recourse is available under Part III of the Canada Transportation Act, refer the matter to the Agency for a determination.
Marginal note:Manner of reference
(2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information as is prescribed by those regulations.
Marginal note:Further information
(3) The Agency may, in its discretion, by notice given to the person referring a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to the compensation claimed as the Agency specifies in the notice.
Marginal note:Agency to determine compensation
(4) Where a matter is referred to the Agency under subsection (1), the Agency shall determine the amount of compensation to be paid by the railway company to the owner, lessee or occupier in question.
(5) The Agency may, with the approval of the Governor in Council, make regulations
- R.S., 1985, c. 32 (4th Supp.), s. 26
- 1996, c. 10, s. 266
Access to Line Works Prohibited
Marginal note:No access to line works
26.1 No person shall, without lawful excuse, enter on land on which a line work is situated.
- 1994, c. 15, s. 2
Marginal note:Road users to give way
26.2 The users of a road shall give way to railway equipment at a road crossing if adequate warning of its approach is given.
- 1999, c. 9, s. 20.1
- 2012, c. 7, s. 18(F)
PART IVAdministration and Enforcement
Railway Safety Inspectors and Screening Officers
27 (1) The Minister may designate any person whom the Minister considers qualified as a railway safety inspector or a screening officer for the purposes of this Act and the Minister shall determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector or screening officer.
Marginal note:Exercise of powers and duties
(1.1) When carrying out powers and duties under this Act, a person designated under subsection (1) is acting for and on behalf of the Minister.
Marginal note:Inspector to show certificate
(2) A railway safety inspector shall be furnished with a certificate showing the matters for which the inspector is designated and, on entering any place, including any railway equipment, in purported exercise of the inspector’s powers, shall, if so requested, produce the certificate to the person apparently in charge thereof.
Marginal note:Evidence in civil suits precluded
(3) No railway safety inspector shall be required to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector’s duties, except with the written permission of the Minister.
Marginal note:Inspector not personally liable
(4) A railway safety inspector is not personally liable for anything done or omitted to be done by the inspector in good faith under the authority of this Act.
- R.S., 1985, c. 32 (4th Supp.), s. 27
- 1999, c. 9, s. 22
- 2012, c. 7, s. 19
Marginal note:Refusal to designate etc.
27.1 (1) The Minister may refuse to designate a person as a screening officer under section 27 or may suspend, cancel or refuse to renew the designation of a person as a screening officer if the Minister is of the opinion that the person is incompetent, does not meet the qualifications or fulfil the conditions required for the designation or ceases to meet the qualifications or fulfil the conditions of the designation.
Marginal note:Suspension or cancellation of designation for offences
(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has committed an offence within the meaning of section 41.
Marginal note:Suspension of designation for immediate threat
(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security.
- 2001, c. 29, s. 65
27.2 (1) If the Minister decides to refuse to designate a person as a screening officer or decides to suspend, cancel or refuse to renew the designation of a person as a screening officer, the Minister shall notify the person of that decision.
Marginal note:Contents of notice
(2) A notice under subsection (1) shall include
Marginal note:Effective date of suspension or cancellation
(3) In the case of a suspension or cancellation, the effective date of the decision shall not be earlier than
- 2001, c. 29, s. 65
Marginal note:Request for review
27.3 (1) A person affected by a decision of the Minister under section 27.1 may, on or before the date specified in the notice under subsection 27.2(1) or within any further time that the Tribunal on application allows, file 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 of the Minister does not operate as a stay of the decision.
(3) On application in writing by the person affected by a decision made under subsection 27.1(2), 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, unless he or she is of the opinion that granting a stay would constitute a threat to railway security.
- 2001, c. 29, s. 65
Marginal note:Time and place for review
27.4 (1) On receipt of a request filed under subsection 27.3(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:Person not compelled to testify
(3) In a review of a decision made under subsection 27.1(2), the person who filed the request for the review is not required, and shall not be compelled, to give any evidence or testimony in the matter.
(4) The member may
- 2001, c. 29, s. 65
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