Marginal note:Minister may formulate security measures
39.1 (1) The Minister may formulate measures respecting the security of railway transportation.
Marginal note:Requirement to carry out measures
(2) The Minister may, by notice in writing, require or authorize a railway company to carry out any of those security measures.
Marginal note:Exemption by Minister
(3) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any railway company or other person from the application of a 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.
- 1999, c. 9, s. 30.
Marginal note: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 law; or
(d) necessary to give effect to the document.
Marginal note:Court or other body to inform Minister
(2) If a request is made for the production or discovery of the security document in any proceeding before a court or other body having jurisdiction to compel its production 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
(b) examine the document in a hearing closed to the public and give the Minister a reasonable opportunity to make representations with respect to it.
Marginal note: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.
- 1999, c. 9, s. 30.
40. (1) If the Minister considers that
(a) a proposed railway work set out in a plan filed with the Minister under section 10,
(b) rules filed with the Minister under section 19 or 20,
(c) any accident or incident associated with railway works or with the operation of railway equipment, or
(d) any other matter relating to the operation or maintenance of railway works or railway equipment
raises, or may raise, issues of public interest relating to safe railway operations, the Minister may, by order, direct persons designated by the Minister for the purpose to conduct an inquiry into the matter in accordance with any regulations made pursuant to section 47, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and report the findings of the inquiry to the Minister in such manner and within such period as the Minister directs.
Marginal note:Powers of persons conducting an inquiry
(2) Each of the persons designated to conduct an inquiry under subsection (1) has the powers of a person appointed as a commissioner under Part I of the Inquiries Act, subject to any restrictions specified in the designation.
(3) Where, in the course of an inquiry under this section, a statement is obtained by the persons conducting the inquiry that is included within a class of statements classified pursuant to the regulations as privileged, those persons may make such use of the statement for the purposes of the inquiry as they consider necessary in the interests of safe railway operations, but they shall not knowingly communicate the statement or permit it to be communicated to any person except in the circumstances set out in the regulations or as authorized in writing by the person making the statement.
Marginal note:Definition of “statement”
(4) In subsection (3), “statement” means any oral, written or recorded assertion or any transcript or substantial summary thereof, and includes conduct that could reasonably be taken to be intended as such an assertion.
- R.S., 1985, c. 32 (4th Supp.), s. 40;
- 1989, c. 3, s. 51.
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