Railway Safety Act

Marginal note:Orders concerning unauthorized or improperly maintained works

• 32 (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:Where regulations under section 24 contravened

  (3) Where 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 therefor, 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 such action as is necessary to remove the threat; and

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

    • (i) shall inform the company of that opinion and of the reasons therefor, and

    • (ii) may, if the Minister believes that, by reason of that contravention, there exists an immediate threat to the safe railway operations of that company, order the 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 railway 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:Contents of notice

  (4) An order contained in a notice under subsection (1), (3) or (3.1) takes effect on the date of receipt of the notice. The notice shall indicate the address at which, and the date, being thirty days after the notice is sent, on or before which, the recipient of the notice may file a request for a review of the order.