Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))
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Act current to 2013-04-29 and last amended on 2013-04-01. Previous Versions
Railway Safety Act
R.S.C., 1985, c. 32 (4th Supp.)
An Act to ensure the safe operation of railways and to amend certain other Acts in consequence thereof
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Railway Safety Act.
APPLICATION OF ACT
Marginal note:Binding on Her Majesty
2. (1) This Act is binding on Her Majesty in right of Canada or a province.
Marginal note:Application generally
(2) This Act applies in respect of transport by railways to which Part III of the Canada Transportation Act applies.
- R.S., 1985, c. 32 (4th Supp.), s. 2;
- 1996, c. 10, s. 261.
OBJECTIVES
Marginal note: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.
- R.S., 1985, c. 32 (4th Supp.), s. 3;
- 1996, c. 10, s. 262;
- 1999, c. 9, s. 1.
INTERPRETATION
Marginal note:Definitions
4. (1) In this Act,
“Agency”
« Office »
“Agency” means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act;
- “alter”
“alter”[Repealed, 1999, c. 9, s. 2]
“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;
“crossing work”
« ouvrage de franchissement »
“crossing work” means a road crossing or a utility crossing;
“engineering standards”
« normes techniques »
“engineering standards” means engineering standards established pursuant to section 7;
“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;
“line work”
« ligne de chemin de fer »
“line work” means
(a) a line of railway, including any structure supporting or protecting that line of railway or providing for drainage thereof,
(b) a system of switches, signals or other like devices that facilitates railway operations, or
(c) any other structure built across, beside, under or over a line of railway, that facilitates railway operations,
but does not include a crossing work;
“Minister”
« ministre »
“Minister” means the Minister of Transport;
“person”
« personne »
“person” includes a government of a municipality and a road authority;
“prescribed”
Version anglaise seulement“prescribed” means prescribed by regulations;
“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;
- “proposing party”
“proposing party”[Repealed, 1999, c. 9, s. 2]
“railway equipment”
« matériel ferroviaire » ou « train »
“railway equipment” means
(a) a machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or
(b) a vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;
“railway work”
« installations ferroviaires »
“railway work” means a line work or any part thereof, a crossing work or any part thereof, or any combination of the foregoing;
“relevant association or organization”
« organisation intéressée »
“relevant association or organization”, in relation to a railway company, means an association or organization that has been formed to represent the interests of
(a) persons employed by that railway company, or
(b) persons owning or leasing railway equipment that is used on lines of railway operated by that railway company
and that is declared by order of the Minister to be a relevant association or organization in relation to that railway company;
“restricted area”
« zone réglementée »
“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”
« route »
“road” means any way or course, whether public or not, available for vehicular or pedestrian use;
“road authority”
« autorité responsable du service de voirie »
“road authority” means a public authority having legal authority to open and maintain roads;
“road crossing”
« franchissement routier »
“road crossing” means that part of a road that passes across, over or under a line of railway, and includes any structure supporting or protecting that part of that road or facilitating the crossing;
“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);
“superior court”
« cour supérieure »
“superior court” means
(a) in the Province of Ontario, the Superior Court of Justice,
(a.1) in the Provinces of Prince Edward Island and Newfoundland, the trial division of the Supreme Court of the Province,
(b) in the Provinces of Nova Scotia and British Columbia, the Supreme Court of the Province,
(c) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,
(d) in the Province of Quebec, the Superior Court of the Province, and
(e) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice;
“Tribunal”
« Tribunal »
“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act;
“utility crossing”
« franchissement par desserte »
“utility crossing” means that part of a utility line that passes over or under a line of railway, and includes any structure supporting or protecting that part of that utility line or facilitating the crossing;
“utility line”
« desserte »
“utility line” means any wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.
Marginal note:Other words and expressions
(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part III of the Canada Transportation Act.
Marginal note:References to proposed railway works
(3) A reference in this Act to a proposed railway work shall be construed, in a case where a person proposes to alter an existing railway work, as meaning the railway work as proposed to be so altered.
Marginal note:Safe railway operations, etc.
(4) In determining, for the purposes of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property.
Marginal note: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.
Marginal note:Manner of filing or sending notices and documents
(5) With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, a notice or document must be filed with, or sent to, a person
(a) in the case of an individual,
(i) by personal service, or
(ii) by mailing it by registered mail to the person’s latest known address;
(b) in the case of a body other than an individual, by mailing it by registered mail to the head office or any prescribed office of that body; or
(c) in either case, by any other means approved in writing by the Minister and subject to any conditions fixed by the Minister.
- R.S., 1985, c. 32 (4th Supp.), s. 4;
- 1992, c. 51, s. 61;
- 1996, c. 10, s. 263;
- 1998, c. 30, ss. 13(F), 15(E);
- 1999, c. 3, s. 82, c. 9, s. 2;
- 2001, c. 29, s. 64;
- 2002, c. 7, s. 234(E).
- Date modified:
