Bill C-43

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Second Reading

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	Audible Warnings
Use of whistles	23.1 (1) No person shall use the whistle on any railway equipment in an area within a municipality if
	(a) the area meets the requirements pre scribed for the purposes of this section; and
	(b) the government of the municipality by resolution declares that it agrees that such whistles should not be used in that area and has, before passing the resolution,
	(i) consulted the railway company that operates the relevant line of railway,
	(ii) notified each relevant association or organization that is likely to be affected by the resolution, and
	(iii) has given public notice of its inten tion to pass the resolution.
Ministerial decision	(2) The Minister may decide whether the area meets the prescribed requirements and the Minister's decision is final.
Exceptions	(3) Notwithstanding subsection (1), the whistle may be used if
	(a) there is an emergency;
	(b) any rules in force under section 19 or 20 require its use; or
	(c) a railway safety inspector orders its use under section 31.
	18. (1) Subsection 24(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (f) and by adding the following after paragraph (f):
	(f.1) respecting the construction, alteration and maintenance of roads for the purpose of ensuring safe railway operations;
	(f.2) respecting the control of vehicular and pedestrian traffic on road approaches to road crossings, for example by traffic control devices, for the purpose of ensuring safe railway operations; and
	(2) Section 24 of the Act is amended by adding the following after subsection (1):
Exemption by Minister	(1.1) The Minister may, on such terms and conditions as the Minister considers neces sary, exempt any railway company or other person from the application of any regulation made under subsection (1) if, in the opinion of the Minister, the exemption is in the public interest and is not likely to pose a threat to safety.
	19. (1) The portion of subsection 25(1) of the Act before paragraph (b) is replaced by the following:
Power of railway company to enter land adjoining line of railway	25. (1) For the purpose of preventing the development of a situation that is potentially threatening to safe railway operations on a line of railway operated by a railway company, or for the purpose of restoring safe railway operations,
	(a) the company may
	(i) at any time, enter onto any land adjoining the land on which the line of railway is situated for the purpose of maintaining or altering railway works or removing obstructions to them in circum stances where no other access to the line of railway is reasonably available, and
	(ii) remain on the land for as long as is necessary to accomplish that purpose;
	(2) Section 25 of the Act is amended by adding the following after subsection (1):
Power of road authority to enter land adjoining line of railway	(1.1) For the purpose of preventing the development of a situation that is potentially threatening to safe railway operations at a road crossing, a road authority may at any reason able time enter onto any land in the vicinity of the road crossing to cut down trees or brush that have been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e) if the road authority gives notice in writing of its intention to do so to the owner of the land.
	(3) Subsection 25(3) of the Act is replaced by the following:
Compensation	(3) Where the owner, lessee or occupier of adjoining land suffers a loss by reason of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person such compensation in respect of that loss as they may agree on or, failing an agreement, as is determined pur suant to section 26, but the payment of compensation is not a condition precedent to the exercise of the power.
	19.1 The Act is amended by adding the following after section 26.1:
Road users to give way	26.2 The users of a road shall give way to railway equipment at a road crossing when warning of its approach is given.
	*20. The heading ``Railway Safety Inspec tors'' before section 27 of the Act is replaced by the following:*
	Railway Safety Inspectors and Screening Officers
	21. Subsection 27(1) of the Act is replaced by the following:
Designation	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, in the case of a railway safety inspector, the Minister shall designate the matters in respect of which the person may exercise the powers of a railway safety inspector.
	22. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
Inspector may forbid or restrict use of unsafe crossing work	(2) Where a railway safety inspector is of the opinion that the standard of construction or maintenance of a crossing work poses a threat to safe railway operations, the inspector, by notice sent to the person responsible for the maintenance of the crossing work, to the railway company concerned or to both
	(a) shall inform them of that opinion and of the reasons for it; and
	(b) may, if the inspector is satisfied that the threat is immediate, order them to ensure that the crossing work not be used, or not be used otherwise than under terms and condi tions specified in the notice, until the threat is removed to the inspector's satisfaction.
Unsafe use of road crossing	(2.1) Where a railway safety inspector is of the opinion that the method of operating a vehicle over a road crossing poses a threat to safe railway operations, the inspector, by notice sent to the driver or operator of the vehicle,
	(a) shall inform them of that opinion and of the reasons for it; and
	(b) may, if the inspector is satisfied that the threat is immediate, order them to stop using the road crossing or to use it only under terms and conditions specified in the notice, until the threat is removed to the inspector's satisfaction.
Inspector may forbid operation of certain works or equipment	(3) Where a railway safety inspector is of the opinion that the manner of operation of a line work or railway equipment of a particular railway company poses a threat to safe railway operations, the inspector
	(a) shall, by notice sent to the company or to any other person who owns or leases the equipment, inform the company or other person of that opinion and of the reasons for it; and
	(b) may, in that notice, if the inspector is satisfied that the threat is immediate, order the company or other person to ensure that the line work or railway equipment not be operated, or not be operated otherwise than under terms and conditions specified in the notice, unless the work or equipment is operated so as to remove the threat, to the inspector's satisfaction.
	(2) Subsections 31(5) to (8) of the Act are replaced by the following:
Minister to be informed of order	(5) If a notice sent under this section contains an order, the railway safety inspector who sends it shall immediately inform the Minister of the order and the reasons for it.
Copies of certain notices to be served on supervisor	(6) If a notice sent to a railway company under this section contains an order, the railway safety inspector shall send a copy of the notice
	(a) to the railway company supervisor who is directly responsible for the works or equipment concerned; or
	(b) in the absence of the supervisor, to the railway company employee who, at that time, is in charge of the works or equipment concerned.
Effect of order	(7) An order contained in a notice under this section has effect
	(a) in the case of a railway company, when the company receives the notice or a railway company supervisor or employee receives a copy of it, whichever occurs first; or
	(b) in the case of another person, when they receive the notice.
Alteration and revocation of orders by other inspectors	(8) An order made by a railway safety inspector under this section may be altered or revoked by another railway safety inspector only if the inspector who made the order is unable to act. The reasons for the inspector's inability to act must appear in the altering or revoking order.
	(3) Subsection 31(10) of the Act is re placed by the following:
When alteration or revocation effective	(10) An alteration or revocation of an order pursuant to this section has effect when the railway company or other person to whom the original notice was sent receives a notice of the alteration or revocation.
	23. Subsection 33(1) of the Act is replaced by the following:
Minister may send emergency directives	33. (1) Where the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of rail transportation, the Minister may, by emergen cy directive sent to a railway company, order it
	(a) either absolutely or to the extent speci fied in the directive,
	(i) to stop using the kind of works or equipment that pose the threat, or
	(ii) to stop following a maintenance or operating practice that poses the threat; or
	(b) to follow a maintenance or operating practice specified in the directive if the threat is posed by the company's not following it.
Directive despite compliance with law	(1.1) The Minister may issue an emergency directive even though
	(a) the construction of the work was undertaken in accordance with the law in force at the time; and
	(b) using the equipment or following or not following the maintenance or operating practice is in accordance with this Act or any regulations or rules made under it.
	24. Subsection 35(1) of the Act is replaced by the following:
Medical examination	35. (1) A person who holds a position in a railway company that is declared by regula tions made under paragraph 18(1)(b) or by any rule in force under section 19 or 20 to be a position critical to safe railway operations, referred to in this section as a ``designated position'', shall undergo a company-orga nized medical examination, including audio- metric and optometric examination, at inter vals determined by the regulations or rule.
	25. Section 36 of the Act is repealed.
	26. Section 39 of the Act and the heading before it are replaced by the following:
	Security
Screening before boarding	39. (1) A screening officer may require a person or any goods to undergo authorized screening before the person or goods come on board railway equipment or enter a restricted area and, where so required,
	(a) the person shall not board the railway equipment or enter the restricted area unless the person has undergone the authorized screening; and
	(b) no person shall take the goods, or have them placed, on board the railway equip ment or in the restricted area unless the goods have undergone the authorized screening.
Screening after boarding or in restricted areas	(2) A screening officer may require a person on board railway equipment or in a restricted area to undergo authorized screening and, if the person refuses,
	(a) the officer may order the person to leave the railway equipment or restricted area and to remove from it any goods that the person took or had placed there; and
	(b) the person shall leave the railway equipment or restricted area and remove or permit the removal of the goods immediate ly or, in the case of railway equipment that is moving, at the first reasonable opportuni ty.
Unaccompa- nied goods	(3) A screening officer may carry out authorized screening of any goods at a railway work that are intended for transport on railway equipment and are not accompanied by a person and the officer may use any force that is reasonably necessary to gain access to the goods.
False or misleading information	(4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or mislead ing information to a screening officer.
Operators to post notices	(5) When authorized screening is required or authorized on board railway equipment or at a railway work, the railway company that operates the railway equipment or railway work shall post notices stating that
	(a) authorized screening is being carried out;
	(b) no person is obliged to undergo autho rized screening of their person if they choose not to board the railway equipment or enter a restricted area; and
	(c) no person is obliged to permit authorized screening of their goods if they choose not take the goods or have them placed on board the railway equipment or in the restricted area.
Placement and languages of notices	(6) The notices must be posted in prominent places where authorized screening is carried out and they must be written in both of the official languages of Canada and may, in addition, be written in any other language.
Minister may formulate security measures	39.1 (1) The Minister may formulate mea sures respecting the security of railway trans portation.
Requirement to carry out measures	(2) The Minister may, by notice in writing, require or authorize a railway company to carry out the security measures.
Exemption by Minister	(3) The Minister may, on such terms and conditions as the Minister considers neces sary, exempt any railway company or other person from the application of any security measure if, in the opinion of the Minister, the exemption is in the public interest and is not likely to pose a security threat.
Disclosure of security documents	39.2 (1) No person shall disclose to any other person the substance of a security document that is labelled as such unless the disclosure is
	(a) authorized by the Minister;
	(b) ordered by a court or other body under subsection (3);
	(c) required by any law; or
	(d) necessary to give effect to the document.
Court or other body to inform Minister	(2) Where a request is made for the production or discovery of the security docu ment in any proceeding before a court or other body having jurisdiction to compel its produc tion or discovery, the court or other body shall
	(a) notify the Minister of the request, if the Minister is not a party to the proceeding; and

Bill C-43

Audible Warnings

Railway Safety Inspectors and Screening Officers

Security