Enforcement action
With the authority found in the Railway Safety Act (RSA), every person who commits a contravention could be issued an administrative monetary penalty or, may be prosecuted and be imposed a fine:
Actions to mitigate threats to rail safety and verify compliance with the RSA
In addition to enforcement options to address contraventions, the Minister of Transport and railway safety inspectors can address situations of threats and immediate threats.
Under section 31 of the RSA, inspectors use a notice when they are of the opinion that a situation is causing a safety threat. If inspectors determine that a threat is immediate, they can include an order in the notice.
Transport Canada also introduced the Notice Acknowledging Immediate Action Taken to recognize when a railway company or person takes immediate action to mitigate a safety threat or immediate threat identified by inspectors:
The Minister of Transport can also take action to address situations of threat by ordering the implementation of safety measures, or to cease/undertake practices through ministerial orders and emergency directives:
Railway companies can be ordered by the Minister, under section 19 of the RSA, to formulate or revise rules and to file them for Transport Canada approval:
Actions to mitigate immediate threats under the International Bridges and Tunnels Act (IBTA)
The Minister of Transport may make directions when there is an immediate threat to the security or safety of any international bridge or tunnel:
Transportation Appeals Tribunal of Canada (TATC) Reviews
The RSA provides a recourse to request review by the TATC for a railway company or person who is issued an order. These include orders from a railway safety inspector issued under subsection 31(2) or by the Minister under section 32.01. A 30-day period is given to file requests.
Temporary exemptions issued pursuant to 22(2) of the Railway Safety Act
Under section 22(2) of the RSA, the Minister may exempt a specified railway company from specific provisions of rules or regulations. Exemptions under 22(2) are only valid for a period of short duration.