1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-58

An Act to amend the Railway Safety Act and to make a consequential amendment to another Act

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 32 (4th Supp.); 1989, c. 3; 1992, cc. 1, 51; 1993, c. 28; 1994, c. 15; 1996, c. 10

RAILWAY SAFETY ACT

1996, c. 10, s. 262

1. Section 3 of the Railway Safety Act and the heading before it are replaced by the following:

OBJECTIVES

Objectives

3. The objectives of this Act are to

    (a) promote and provide for the safety of the public and personnel, and the protection of property and the environment, in the operation of railways;

    (b) encourage the collaboration and participation of interested parties in improving railway safety;

    (c) recognize the responsibility of railway companies in ensuring the safety of their operations; and

    (d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety.

2. (1) The definition ``alter'' in subsection 4(1) of the Act is repealed.

(2) The definition ``proposing party'' in subsection 4(1) of the English version of the Act is repealed.

(3) The definition ``person'' in subsection 4(1) of the Act is replaced by the following:

``person''
« personne »

``person'' includes a government of a municipality and a road authority;

(4) Subsection 4(1) of the Act is amended by adding the following in alphabetical order:

``authorized screening''
« contrôle »

``authorized screening'' means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment;

``goods''
« biens »

``goods'' means, except in the definition ``utility line'', anything that may be taken or placed on board railway equipment as freight, baggage or personal belongings;

``restricted area''
« zone réglemen-
tée
»

``restricted area'' means an area that is established under the regulations or a security document and to which access is restricted to authorized persons;

``road authority''
« autorité responsable d'un service de voirie »

``road authority'' means a public authority having legal authority to open and maintain roads;

``safety management system''
« système de gestion de la sécurité »

``safety management system'' means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes;

``screening officer''
« agent de contrôle »

``screening officer'' means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act;

``security document''
« texte relatif à la sûreté du transport ferroviaire »

``security document'' means any of the following documents:

      (a) a rule approved or proposed for approval under section 19 or 20 that relates to security,

      (b) an order made under subsection 31(3) that relates to security,

      (c) an emergency directive made under section 33 that relates to security, and

      (d) a security measure formulated under subsection 39.1(1);

(5) Subsection 4(1) of the English version of the Act is amended by adding the following in alphabetical order:

``proponent''
« promoteur »

``proponent'', in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed by or under another Act;

(6) Section 4 of the Act is amended by adding the following after subsection (4):

Threats and immediate threats

(4.1) For the purposes of this Act, a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists.

3. Subsections 7(2) and (3) of the Act are replaced by the following:

Railway company required to formulate standards

(2) The Minister may, by order, require a railway company

    (a) to formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; and

    (b) within a period specified in the order, to file the formulated or revised standards with the Minister for approval.

Formulation or revision of standards

(2.1) A railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative.

Application of certain provisions

(3) Subsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations.

4. The Act is amended by adding the following after section 7:

Construction of Road Crossings

Regulations

7.1 The Governor in Council may make regulations regulating or prohibiting the construction of road crossings.

5. Subsections 8(1) and (2) of the Act are replaced by the following:

Notice of certain proposed railway works

8. (1) If a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work.

Filing of objections

(2) A person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister.

6. Section 10 of the Act is amended by adding the following after subsection (1):

Request for approval before end of notice period

(1.1) A request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent.

Withdrawal of objection

(1.2) A proposed railway work described in paragraph (1)(b) may be undertaken without the Minister's approval if the outstanding objection is withdrawn.

7. Section 11 of the Act is replaced by the following:

Engineering work

11. All the engineering work relating to railway works, including design, construction, evaluation or alteration, shall be done in accordance with sound engineering principles. A professional engineer shall take responsibility for the engineering work.

8. The Act is amended by adding the following after section 12:

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 interest of safe railway operations.

Grants relating to closing crossings

(2) The agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person's rights relating to the crossing are extinguished.

9. Section 15 of the Act is replaced by the following:

Appropria-
tion for grants

15. Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.

1996, c. 10, s. 264(1)

10. Subsection 16(1) of the 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 construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

11. Subsection 17(2) of the Act is repealed.

12. Subsections 18(2) and (3) of the Act are replaced by the following:

Regulations - crossing works

(2) The Governor in Council may make regulations respecting crossing works, including regulations for requiring a railway company, road authority or other person who has rights relating to a road crossing to conduct a safety review of the road crossing following an accident of a type specified in the regulations.

Regulations - security

(2.1) The Governor in Council may make regulations respecting the security of railway transportation.

Regulations to override rules

(3) If the Governor in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are inconsistent with rules approved in relation to a particular company by the Minister under section 19 or 20 in respect of that matter, those rules are at that time revoked to the extent of the inconsistency.

13. (1) Subsections 19(1) and (2) of the Act are replaced by the following:

Formulation or revision of rules pursuant to ministerial order

19. (1) The Minister may, by order, require a railway company

    (a) to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and

    (b) within a specified period, to file the formulated or revised rules with the Minister for approval.

Railway company to consult

(2) A railway company shall not file rules with the Minister under subsection (1) unless it has first given each relevant association or organization that is likely to be affected by their implementation a reasonable opportunity during a period of sixty days to consult with it on the rules.

(2) Section 19 of the Act is amended by adding the following after subsection (4):

Request for amendment to terms and conditions

(4.1) A railway company referred to in subsection (4) may request the Minister to amend any terms or conditions specified under that subsection. When making that request, the company shall send a copy of the request to each relevant association or organization.

Amendments

(4.2) After receiving a request from a railway company under subsection (4.1), the Minister may, on the basis of new information about the safety of the railway operations, amend any terms or conditions specified under subsection (4). If the Minister amends any of those terms or conditions, the Minister shall provide each relevant association or organization with a copy of the amendments.

(3) Section 19 of the Act is amended by adding the following after subsection (5):

Effective date of rules

(5.1) Rules approved by the Minister under subsection (4) come into force on a day specified by the Minister, but if they replace any regulations, they may not come into force earlier than the day on which the regulations are repealed.

(4) Subsection 19(8) of the Act is replaced by the following:

Consultation

(8) The Minister shall not, under this section, establish rules applying to a particular railway company unless the Minister has

    (a) given that company and each relevant association or organization a reasonable opportunity during a period of sixty days to consult with the Minister on the rules; and

    (b) considered any objection, on the grounds of safety, to the establishment of the rules that is made in the course of that consultation.

14. (1) Subsections 20(1) and (2) of the Act are replaced by the following:

Formulation or revision of rules

20. (1) A railway company shall file with the Minister for approval any rules in respect of any matter referred to in subsection 18(1) or (2.1) that it proposes to formulate or revise on its own initiative.

Consultation

(2) A railway company shall not file rules with the Minister under subsection (1) unless it has first given each relevant association or organization that is likely to be affected by their implementation a reasonable opportunity during a period of sixty days to consult with it concerning the rules.

(2) Subsection 20(4) of the Act is replaced by the following:

Application of certain provisions

(4) Subsections 19(4) to (5.1), (10) and (11) apply in relation to the filing and consideration of rules filed with the Minister under subsection (1) as if the rules had been duly filed in compliance with an order made under subsection 19(1).

15. (1) Subsections 22(1) and (2) of the Act are replaced by the following:

Exemption by order in council

22. (1) The Governor in Council may, by order, on any terms and conditions that are specified in the order,

    (a) exempt a specified railway company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20; or

    (b) exempt a specified person from the application of a specified provision of regulations made under subsection 18(2).

Exemption by Minister

(2) The Minister may, by notice, on any terms and conditions that are specified in the notice,

    (a) exempt a specified railway company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force under section 19 or 20, or