Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

36. [Repealed, 1999, c. 9, s. 28]

Marginal note:Maintenance and production of safety records

37. The Governor in Council may make regulations

• (a) respecting the keeping and preservation by each railway company of information, records and documents relevant to the safety of railway operations conducted by that company, including a complete set of the regulations, emergency directives, rules and orders made pursuant to this Act that are applicable to that company;

• (b) respecting the filing with the Minister at the request of the Minister of information, records and documents kept and preserved pursuant to regulations made under paragraph (a); and

• (c) respecting notification to the Minister by railway companies of information suitable for monitoring safety performance or predicting potential changes in levels of safety, including information about any accident or incident associated with railway safety or any situation that could have a detrimental impact on safety performance.

Marginal note:False information, etc.

38. No person shall, either orally or in writing, knowingly make a false or misleading statement or knowingly provide false or misleading information to the Minister, to a railway safety inspector or to any other person acting on behalf of the Minister in connection with any matter under this Act.

Marginal note: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, if 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 equipment or in the restricted area unless the goods have undergone the authorized screening.

• Marginal note: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 immediately or, if the railway equipment is moving, at the first reasonable opportunity.

• Marginal note:Unaccompanied 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.

• Marginal note:False or misleading information

  (4) No person shall knowingly make any false or misleading statement to a screening officer, or knowingly provide false or misleading information to a screening officer.

• Marginal note:Operators to post notices

  (5) When authorized screening is required or authorized under this Act 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 authorized 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 to take the goods or have them placed on board the railway equipment or in the restricted area.

• Marginal note: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.