Railway Safety Act

Marginal note:Notice — threat

• 31 (1) If a railway safety inspector is of the opinion that a person’s conduct or any thing for which a person is responsible constitutes a threat to the safety or security of railway operations or the safety of persons or property, the inspector shall inform, by notice sent to the person and to any company whose railway operations are affected by the threat, the person and the company of that opinion and of the reasons for it.

• Marginal note:Notice — immediate threat

  (2) If the railway safety inspector is satisfied that the threat is immediate, the inspector may, in the notice, order the person or any company whose railway operations are affected by the threat, to take the measures that are specified in the notice to mitigate the threat until it has been removed to the inspector’s satisfaction.

• (2.1) to (4) [Repealed, 2015, c. 31, s. 25]

• Marginal note:Contents of notice

  (4.1) For the purposes of subsection (2), a notice that contains an order shall indicate the date on or before which the recipient may file a request for a review of the order and the address to which the request may be filed. The date shall be 30 days after the day on which the notice is sent.

• Marginal note: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.

• Marginal note:Copies sent to company supervisor

  (6) If a notice sent to a company under this section contains an order, the railway safety inspector who sent the notice shall send a copy of it to the company supervisor who is responsible for the person or the railway operations that are affected by the threat or, in that supervisor’s absence, to the employee who is at that time in charge of that person or those operations.

• Marginal note:Effect of order

  (7) An order contained in a notice under this section has effect, in the case of a company, when the company receives the notice or when a company supervisor or employee receives a copy of it, whichever occurs first and, in the case of any other person, when they receive the notice.

• Marginal note: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.

• Marginal note:Reviewable order

  (9) The alteration of an order under subsection (8) is an order that is reviewable under sections 31.1 to 31.5.

• Marginal note:When alteration or revocation effective

  (10) An alteration or revocation of an order under this section has effect when the company or other person to whom the original notice was sent receives a notice of the alteration or revocation.