Enforcement Action and Measures to Mitigate Threats to Rail Safety

Enforcement Action

Every person who contravenes a provision under Ss.41 (1) or 41(2) of the RSA may be prosecuted and be imposed a fine as prescribed by the Act.

• Prosecutions under the RSA
• Railway Administrative Monetary Penalties

Actions to Mitigate Threats to Rail Safety and Verify Compliance with the RSA

In addition to enforcement options for offences committed under the RSA, the Act also provides measures to mitigate immediate threats to safety and to verify compliance, such as:

• Notices and Orders Pursuant to Section 31
• Emergency Directives Pursuant to Section 33
• Ministerial Orders Pursuant to Section 19
• Ministerial Order Pursuant to Section 32.01
• Railway Operating Certificates

Orders to Correct Safety Management System Deficiencies

The Railway Safety Act also allows the Minister of Transport, or delegated authority, to order a railway company to take corrective action when their safety management system is found to have deficiencies that risk compromising railway safety.

• Ministerial Orders Pursuant to Section 32

Transportation Appeals Tribunal of Canada (TATC) Reviews

Pursuant to S.31.1(1) or S.32.1(1) of the RSA, any railway company/person who is issued an Order has a 30-day period to request a review by the TATC.