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Bill C-43

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    (b) examine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representa tions with respect to it.

Order for production and discovery

(3) If the court or other body concludes that the public interest in the proper administration of justice outweighs the interests that would be protected by non-disclosure, the court or other body

    (a) shall order the production and discovery of the security document, subject to any restrictions or conditions that the court or other body considers appropriate; and

    (b) may require any person to give evidence relating to the document.

27. Subsections 41(2) and (3) of the Act are replaced by the following:

Contraven-
tion of regulations, orders, etc.

(2) A person is guilty of an offence if the person contravenes

    (a) a regulation made by the Governor in Council under subsection 7(1) or section 7.1, 18, 24, 37 or 47;

    (b) an order made by the Minister or a railway safety inspector under subsection 7(2) or 19(1) or section 31 or 32;

    (c) a requirement made by the Agency under subsection 16(3) or 26(3);

    (d) a rule in force under section 19 or 20;

    (e) an emergency directive made by the Minister under section 33; or

    (f) a security measure formulated by the Minister under subsection 39.1(1).

Punishment

(2.1) A person who is guilty of an offence under subsection (2) is liable on summary conviction

    (a) in the case of a corporation, to a fine not exceeding one hundred thousand dollars; and

    (b) in the case of an individual, to a fine not exceeding five thousand dollars or to im prisonment for a term not exceeding six months, or to both.

Continuing offences

(3) Where a person commits a contraven tion described in subsection (1) or (2) that occurs on more than one day, or is continued for more than one day, that person is deemed to have committed a separate offence for each day on which the contravention occurs or is continued.

28. Section 44 of the Act and the heading ``Railway Safety Consultative Committee'' before it are repealed.

29. Section 46 of the Act is replaced by the following:

Ministerial orders, etc., not statutory instruments

46. The following are not statutory instru ments for the purposes of the Statutory Instruments Act:

    (a) orders made by the Minister under subsection 7(2) or 19(1);

    (b) rules or notices of approval made or sent under section 19 or 20;

    (c) notices of exemption under subsection 22(2);

    (d) orders and notices sent under section 31 or 32;

    (e) emergency directives made by the Minister under section 33; or

    (f) security measures formulated by the Minister under subsection 39.1(1).

30. Section 49 of the Act is replaced by the following:

Safety regulations prevail

49. A regulation made under section 7, 7.1, 18, 24, 37 or 47, or a rule in force under section 19 or 20, prevails over an order, rule or regulation made under any other Act of Parliament to the extent of any inconsistency between them.

31. Subsection 50(1) of the Act is replaced by the following:

Publication of proposed regulations

50. (1) Subject to subsection (2), a copy of each regulation that is proposed to be made under section 7, 7.1, 18, 24, 37 or 47 shall be published in the Canada Gazette at least ninety days before its proposed effective date, and interested persons shall be given a reason able opportunity to make representations to the Minister with respect to the regulation within those ninety days.

32. The English version of the Act is amended by replacing the expression ``pro posing party'' with the word ``proponent'' in the following provisions:

    (a) subsection 8(3);

    (b) subsection 9(2);

    (c) subsections 10(1) to (3);

    (d) subsection 10(6);

    (e) subsection 10(8);

    (f) subsections 12(1) to (3);

    (g) subsections 13(1) and (2); and

    (h) subsection 17(1).

CONSEQUENTIAL AMENDMENT

R.S., c. A-1

Access to Information Act

R.S., c. 32 (4th Supp.), s. 52

33. Schedule II to the Access to Informa tion Act is amended by replacing the refer ence to ``subsection 39(8)'' opposite the reference to the ``Railway Safety Act'' with a reference to ``subsection 39.2(1)''.

CONDITIONAL AMENDMENTS

Bill C-14

34. If Bill C-14, introduced in the second session of the thirty-fifth Parliament and entitled An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequence, is assented to, then

    (a) on the later of the coming into force of subsection 185(1) of that Act and the coming into force of section 8 of this Act, subsection 12.1(1) of the Railway Safety Act, as enacted by section 8 of this Act, is replaced by the following:

Agreements for closing road crossings

12.1 (1) The Minister may enter into an agreement with a person who has rights under Part III of the Canada Transportation Act or otherwise relating to a road crossing to close the crossing in the interests of safe railway operations.

    (b) on the later of the coming into force of subsection 264(1) of that Act and the coming into force of section 10 of this Act, subsection 16(1) of the Railway Safety Act is replaced by the following:

Reference to Agency

16. (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construc tion, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. A referral may be made either before or after construction or alteration of the work is begun.

Bill C-25

35. If Bill C-25, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review, regis tration, publication and parliamentary scru tiny of regulations and other documents, and to make consequential and related amend ments to other Acts, is assented to, then on the later of the coming into force of section 103 of that Act and section 29 of this Act, section 46 of the Railway Safety Act and the heading before it are replaced by the following:

Regulations Act

Ministerial orders, etc., not regulations

46. The following are not regulations for the purposes of the Regulations Act:

    (a) orders made by the Minister under subsection 7(2) or 19(1);

    (b) rules or notices of approval made or sent under section 19 or 20;

    (c) notices of exemption under subsection 22(2);

    (d) orders and notices sent under section 31 or 32;

    (e) emergency directives made by the Minister under section 33; or

    (f) security measures formulated by the Minister under subsection 39.1(1).

COMING INTO FORCE

Coming into force

36. This Act, or any of its provisions, comes into force on a day or days to be fixed by order of the Governor in Council.

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