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

Full Document:  

Act current to 2019-07-01 and last amended on 2018-12-18. Previous Versions

PART IVAdministration and Enforcement (continued)

Railway Safety Inspectors and Screening Officers (continued)

Marginal note:Right of appeal

  •  (1) Within thirty days after the determination,

    • (a) a person affected by the determination may appeal a determination made under paragraph 27.4(4)(a) to the Tribunal; or

    • (b) a person affected by the determination or the Minister may appeal a determination made under paragraph 27.4(4)(b) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party 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

    (3) The appeal panel of the Tribunal assigned to hear the appeal may

    • (a) in the case of a determination made under paragraph 27.4(4)(a), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

    • (b) in the case of a determination made under paragraph 27.4(4)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

  • 2001, c. 29, s. 65

Marginal note:Decision to remain in effect pending reconsideration

 If a matter is referred back to the Minister for reconsideration under paragraph 27.4(4)(a) or 27.5(3)(a), the decision of the Minister under subsection 27.1(1) or (3) to suspend or cancel a designation remains in effect until the reconsideration is completed. However, the member who made the determination or the appeal panel, after considering any representations made by the parties, may grant a stay of a decision under subsection 27.1(1) to suspend or cancel a designation until the reconsideration is completed, if the member or panel is satisfied that granting a stay would not constitute a threat to railway security.

  • 2001, c. 29, s. 65

Marginal note:Reconsideration

  •  (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.

  • 2001, c. 29, s. 65

Definition of designation

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

  • 2001, c. 29, s. 65

Marginal note:Inspector’s powers

  •  (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: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.

  • R.S., 1985, c. 32 (4th Supp.), s. 28
  • 1999, c. 9, s. 23
  • 2012, c. 7, s. 20

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.

 
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