Legislation (Rail Safety)
AUTHORIZATION
- I, Lisa Raitt, Minister of Transport, pursuant to section 45 of the Railway Safety Act (“Act”), authorize any person whose position is set out in Column 4 of an item of the attached Schedule to carry out powers and duties described in Column 3 of the item in relation to a provision of the Act set out in Column 2 of the item.
- I authorize any person to do anything that is described in column 3 of an item in relation to any provision of the Act set out in column 2 of the item, where the person is an official of Transport Canada who is required to temporarily replace a person whose position is set out in column 4 of that item or who is required to temporarily carry out the duties of that position by an official that has supervisory responsibility.
- This Authorization remains in force until it has been withdrawn by me in writing.
- The Authorization signed on March 8, 2010 and registered under number 158869 in the Legal Registry of the Department of Transport is hereby cancelled.
Dated at Ottawa, Ontario, this 30 th day of April 2015.
Original signed by Lisa Raitt
Minister of Transport, Infrastructure and Communities
| Column 1
Item |
Column 2
Provision |
Column 3
Description of Power and limitations |
Column 4
Authorized person(s) |
|---|---|---|---|
| 1 | 4(1) | Declare, by order, an association or organization to be a relevant association or organization in relation to a railway company. |
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| 2 | 4(5) | Approve, in writing, electronic or other means of filing or sending notices and documents; fix conditions in respect of those means; and, in the case of a corporation, designate an office, other than a head office, to which a notice or document must be sent or with which it a notice or document must be filed. |
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| 3 | 6 | Enter into agreements with the Agency to coordinate activities and to provide for procedures to be followed in the event that conflicting interests arise between the Department and the Agency in respect of those activities. |
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| 4 | 6.1(1)(a) | Enter into agreements with provincial ministers responsible for transportation matters for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting railway safety and security and the safety aspects of railway crossings. |
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| 5 | 6.1(1)(a) | Amend the schedules of Rail Safety Inspection Services Agreements listing the federal inspectors who will conduct inspections under the Agreement, specifying the railways to which the Agreement applies and setting out the applicable per diem rates. |
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| 6 | 6.1(1)(b) | Enter into agreements with provincial ministers responsible for transportation matters for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting matters relating to the protection of the environment to which the Act applies. |
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| 7 | 6.1(2) | Designate anybody established under an Act of Parliament, or any person or class of persons employed in the federal public administration, to administer the law in accordance with an agreement made under subsection 6.1(1). |
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| 8 | 6.2 | Enter into agreements with provincial authorities to authorize the provincial authorities to regulate the matters referred to in subsection 6.1(1) in relation to a railway in the same manner and to the same extent as it may regulate a railway within the authorities' jurisdiction. |
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| 9 | 7(2)(a) | By order, require a railway company to formulate engineering standards governing any matters referred to in subsection 7(1) that are specified in the order or to revise its engineering standards governing those matters. |
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| 10 | 7(2)(b) | Specify, in the order referred to in paragraph 7(1)(a), the period to file the formulated or revised standards with the authorized person for approval. |
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| 11 | 9(1) | Where the authorized person is satisfied that an objection to a proposed railway work filed under subsection 8(2) is frivolous or vexatious, send a notice to that effect to the person who filed the objection. |
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| 12 | 9(2) | Send copy of notice under subsection 9(1) to the proponent. |
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| 13 | 10(3)(a) | Approve a proposed railway work, by notice, either absolutely or on such terms as are specified in the notice, if the authorized person is satisfied that the work is consistent with safe railway operations and notify the proponent and any objecting party that the authorized person approves the work. |
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| 14 | 10(3)(b)(i) | Refuse to approve a proposed railway work, by notice, if the authorized person is not satisfied that the work is consistent with safe railway operations, and inform the proponent and any objecting party why the authorized person is not satisfied and refuses to approve the work. |
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| 15 | 10(3)(b)(ii) | By notice, direct the proponent to file with the authorized person and any objecting party, within the period specified in the notice, such further particulars relating to a proposed railway work as are specified in the notice. |
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| 16 | 10(4) | Approve a proposed railway work that has been undertaken without the required approval having first been given. |
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| 17 | 10(5) | Engage any person or organization having expertise in matters of safe railway operations to furnish advice in deciding whether to approve a proposed railway work. |
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| 18 | 10(8)(b) | If the authorized person determines that it is not feasible to consider a request for approval of a proposed railway work within 60 days, specify an additional period and notify the proponent and any objecting party of that period. |
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| 19 | 12(4) | If the authorized person is satisfied that an application for a grant in respect of a proposed railway work has been duly made and that the safety of railway operations will be enhanced by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work. |
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| 20 | 12(4) | If the authorized person is satisfied that an application for a grant in respect of a proposed railway work has been made and that the safety of railway operations will be enhanced by carrying out that work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work, where the work is under $500,000. |
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| 21 | 12(5) | Attach terms and conditions to a grant in respect of a proposed railway work as the authorized person deems advisable, including requirements to provide the authorized person with evidence of expenditure on the work. |
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| 22 | 12.1 (1) | Enter into an agreement with a person who has rights under Part III of the Canada Transportation Act, or otherwise, relating to a road crossing to close the crossing in the interest of safe railway operations. |
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| 23 | 14(1) | If the authorized person is satisfied that a program, study, project or work is likely to promote, or make a contribution to, safe railway operations, authorize the making of a grant for the purpose of defraying the whole or part of the cost. |
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| 24 | 14(1) | If the authorized person is satisfied that a program, study, project or work is likely to promote, or make a contribution to, safe railway operations, authorize the making of a grant for the purpose of defraying the whole or part of the cost that is under $500,000. |
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| 25 | 14(2) | Attach terms and conditions to a grant as the authorized person deems advisable, including requirements to provide the authorized person with evidence of expenditure on the program, study, project or work. |
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| 26 | 17.4(1) | Issue a railway operating certificate authorizing a person to operate and maintain a railway company, or to operate railway equipment on a railway, if satisfied that the prescribed conditions for obtaining a certificate have been met. |
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| 27 | 17.4(2) | Specify terms and conditions on a railway operating certificate that the authorized person considers appropriate. |
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| 28 | 17.4(3) | Vary the terms and conditions of a company's railway operating certificate, on application by the company. |
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| 29 | 17.4(5) | Suspend or cancel a company's railway operating certificate if the company has (a) ceased to meet any of the prescribed conditions for obtaining the certificate; (b) contravened any provision of the Act or the regulations or any rule, order, standard or emergency directive made under the Act; or (c) requested its suspension or cancellation. |
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| 30 | 17.5(1) | Notify the affected person or company of any decision made under subsection 17.4(1), (3) or (5). |
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| 31 | 19(1) | Order a company to formulate rules respecting any matter referred to in subsection 18(1) or (2.1) or to revise its rules respecting that matter; and specify the period in which the formulated or revised rules is to be filed with the authorized person for approval. |
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| 32 | 19(4)(a) |
Approve, by notice, either absolutely or on any terms and conditions that the authorized person may specify in the notice, the rules referred to in subsection 19(1), if the authorized person is satisfied — after considering current railway practice, the views of the company and the views of each relevant association or organization or any railway company identified under subsection 19(3) and any other factor that the authorized person considers relevant — that those rules are conducive to safe railway operations by the company. Provide the notice to the company, association, organization or railway company identified under subsection 19(3). |
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| 33 | 19(4)(b) |
Refuse to approve, by notice, the rules referred to in subsection 19(1), if the authorized person is not satisfied — after considering current railway practice, the views of the company and the views of each relevant association or organization or any railway company identified under subsection 19(3) and any other factor that the authorized person considers relevant — that those rules are conducive to safe railway operations by the company. Provide the notice to the company, association, organization or railway company identified under subsection 19(3). |
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| 34 | 19(4.2) | Amend, on the basis of new information about the safety of the railway operations, any terms or conditions specified under paragraph 19(4)(a) and provide a copy of the amendments to each relevant association or organization, or any railway company, referred to in subsection 19(4.1). |
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| 35 | 19(5) | In deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter. |
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| 36 | 19(5.1) | Specify the day on which rules approved by the authorized person come into force, but, if the rules replace any regulations, they may not come into force earlier than the day on which the regulations are repealed. |
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| 37 | 19(7) | By order, establish rules in respect of any matter referred to in subsection 18(1) or (2.1) in relation to a company that fails to file rules pursuant to an order made under subsection 19(1). |
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| 38 | 19(7) | By order, establish rules in respect of any matter referred to in subsection 18(1) or (2.1) in relation to a company that files rules pursuant to an order made under subsection 19(1) where the authorized person refuses, under subsection 19(4), to approve those rules. |
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| 39 | 19(10)(b) | Specify an additional period and notify the company if, before the expiration of the period mentioned in paragraph 19(10)(a), the authorized person determines that, by reason of the complexity of the rules or the number of rules filed or for any other reason, it will not be feasible to consider the rules within that period. |
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| 40 | 22(2)(a) | If, in the authorized person's opinion, an exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that he or she specifies in the notice, exempt a specified company, specified railway equipment or a specified railway work from the application of a specified provision of regulations made under subsection 18(1) or (2.1) or of rules in force made under section 19 or 20. |
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| 41 | 22(2)(b) | If, in the authorized person's opinion, an exemption is in the public interest and is not likely to threaten safe railway operations, he or she may, by notice, on any terms and conditions that he or she specifies in the notice, exempt a specified person from the application of a specified provision of regulations made under subsection 18(2). |
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| 42 | 22(7) | Grant an application for an exemption made under subsection 22(4) within sixty days after receiving it if, in the authorized person's opinion, the exemption is in the public interest and is not likely to threaten safe railway operations. |
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| 43 | 22(7) | Extend the time for granting an application made under subsection 22(4) for an additional period of up to sixty days. |
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| 44 | 22.1(4)(a) | Within twenty-one days after the filing of an objection under subsection 22.1(3), confirm an objection filed under that subsection, if the authorized person decides that the exemption threatens safety. |
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| 45 | 22.1(4)(b) | Within twenty-one days after the filing of an objection under subsection 22.1(3) or within thirty-five days after receiving a notice under subsection 22.1(1), impose terms and conditions if the authorized person is of the opinion that the exemption without terms and conditions is not in the public interest or is likely to threaten safety. |
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| 46 | 22.1(4)(c) | Within thirty-five days after receiving the notice under subsection 22.1(1), deny the exemption if the authorized person's opinion is that the exemption is not in the public interest or that it is likely to threaten safety. |
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| 47 | 23.1(2) | Decide whether an area meets the prescribed requirements. |
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| 48 | 24 (1.1) | Exempt any railway company or other person from the application of any regulation made under subsection 24(1) on any terms and conditions that the authorized person considers necessary, if, in the authorized person's opinion, the exemption is in the public interest and is not likely to threaten safety. |
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| 49 | 27(1) | Designate any person whom the authorized person considers qualified as a railway safety inspector for the purposes of the Act and determine the matters, other than rail security, in respect of which, and the restrictions and conditions under which, the person may exercise the powers of a railway safety inspector. |
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| 50 | 27(1) | Designate any person whom the authorized person considers qualified as a railway safety inspector for the purposes of the Act and determine rail security matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a railway safety inspector. |
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| 51 | 27(1) | Designate any person whom the authorized person considers qualified as a screening officer for the purposes of the Act and determine the matters in respect of which, and the restrictions or conditions under which, the person may exercise the powers of a screening officer. |
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| 52 | 27(3) | Give written permission for a railway safety inspector to give testimony in any civil suit with regard to information obtained by the inspector in the discharge of the inspector's duties. |
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| 53 | 27.1 (1) | Refuse to designate a person as a screening officer if the authorized person is of the opinion that the person is incompetent, does not meet the qualifications or fulfill the conditions required for the designation. |
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| 54 | 27.1(1) | Suspend, cancel or refuse to renew the designation of a person as a screening officer if the authorized person is of the opinion that the person is incompetent or ceases to meet the qualifications or fulfill the conditions required for the designation. |
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| 55 | 27.1(2) | Suspend or cancel the designation of a person as a screening officer if the authorized person is of the opinion that, the person has committed an offence within the meaning of section 41. |
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| 56 | 27.1(3) | Suspend the designation of a person as a screening officer if the authorized person is of the opinion that the exercise by the person of the functions of a screening officer constitutes, or is likely to constitute, an immediate threat to railway security. |
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| 57 | 27.2(1) | Notify a person of the refusal to designate them as a screening officer or of the suspension, cancellation or refusal to renew their designation. |
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| 58 | 27.5(1)(b) | Appeal a determination made under paragraph 27.4(4)(b) to the Transportation Appeal Tribunal of Canada. |
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| 59 | 27.7(2) | On receipt of a request under subsection 27.7(1), reconsider a decision made under section 27.1(3), inform the person affected of the decision, and apply sections 27.2 to 27.6 in respect of that decision, with any modifications that are necessary. |
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| 60 | 31.4 | Confirm the order of a railway safety inspector designated for any matter other than security, or, by order, alter or revoke the order if a matter, other than rail security, is referred to the authorized person under subsection 31.1(4) or 31.2(3), or if the authorized person on his or her own initiative decides to review the order. |
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| 61 | 31.4 | Confirm the order of a railway safety inspector designated for security, or, by order, alter or revoke the order where a matter, related to rail security matters only, is referred to the authorized person under subsection 31.1(4) or 31.2(3), or if the authorized person on his or her own initiative decides to review the order. |
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| 62 | 32(1)(d) | By notice sent to the person responsible for a railway work, order the person to remove or modify the work, where, in the authorized person's opinion,
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| 63 | 32(1)(e) | Remove and destroy the work concerned and sell, give away or otherwise dispose of the materials contained in the railway work, where a person fails to comply with an order made under paragraph 32(1)(d). |
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| 64 | 32(3)(a)(i) | Where the authorized person is of the opinion that a person has contravened a regulation made under section 24, by notice sent to the person, inform the person of that opinion and of the reasons for it. |
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| 65 | 32(3)(a)(ii) | Where the authorized person is of the opinion that a person has contravened a regulation made under section 24, if the authorized person believes that, by reason of that contravention, there exists in respect of particular railway works an immediate threat to safe railway operations, order the person to take such action as is necessary to remove the threat. |
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| 66 | 32(3)(b)(i) | Where the authorized person is of the opinion that a person has contravened a regulation made under section 24, by notice sent to the railway company concerned, inform the railway company of that opinion and of the reasons for it. |
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| 67 | 32(3)(b)(ii) | Where the authorized person believes that, by reason of a person's contravention of a regulation made under section 24, there exists an immediate threat to safe railway operations, order the railway company to ensure that specified railway works or specified railway equipment not be used, or not be used otherwise than under terms and conditions specified in the notice, until appropriate action to remove the threat has, to the authorized person's satisfaction, been taken by the person referred to in paragraph 32(3)(a). |
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| 68 | 32(3.1) | If the authorized person is of the opinion that the safety management system established by a company has deficiencies that risk compromising railway safety, by notice sent to the company, order the company to take the necessary corrective measures. |
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| 69 | 32.1(3) | Present evidence and make representations to the Transportation Appeal Tribunal of Canada in the context of a review of an order made under section 32. |
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| 70 | 32.4 | If a matter is referred back to the Minister under subsection 32.1(5) or 32.2(3), the authorized person may confirm the order, or by order, alter or revoke the order. |
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| 71 | 33(1)(a) | If the authorized person is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, by emergency directive sent to a company, order it, either absolutely or to the extent specified in the directive, to stop using the kind of railway works or railway equipment or to stop following the maintenance or operating practice that poses the threat. |
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| 72 | 33(1)(b) | If the authorized person is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation, by emergency directive sent to a company, order it to follow a maintenance or operating practice specified in the directive if the threat is posed by the company's failure to follow that practice. |
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| 73 | 33(4) | By notice sent to the company, rescind an emergency directive, in which case the directive ceases to have effect. |
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| 74 | 33(6) | Before the expiration of the period during which an emergency directive has effect, by notice sent to the company, renew the directive for a further specified period commencing on the expiration of the previous period and not exceeding six months. |
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| 75 | 34(2) | By notice sent to the company or person, confirm an order contained in a notice served by a railway safety inspector. |
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| 76 | 34(3) | File with the registrar of the court a certified copy of a ministerial order or directive so that the order or directive becomes an order of the court. |
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| 77 | 34(5) | Enforce an order or directive by the authorized person's own action. |
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| 78 | 36 | Order that a company provide, in the form and within the period that the authorized person specifies, information or documents considered necessary for the purposes of ensuring compliance with the Act and with the regulations, rules, orders, standards and emergency directives made under the Act. |
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| 79 | 37(1)(b) | Where the Governor in Council has made regulations 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 37(1)(a), request the information records and documents so preserved. |
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| 80 | 39.1(1) | Formulate measures respecting the security of railway transportation. |
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| 81 | 39.1(1) | By notice in writing, require or authorize a railway company to carry out any security measures referred to in subsection 39.1(1). |
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| 82 | 39.1(1) | On any terms and conditions that the authorized person considers necessary, exempt any railway company or other person from the application of a security measure, if the authorized person is of the opinion that the exemption is in the public interest and is not likely to pose a security threat. |
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| 83 | 39.2(1)(a) | Authorize the disclosure of the substance of a security document that is labeled as a security document. |
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| 84 | 39.2(2)(b) | If a request is made for the production or discovery of a security document in any proceeding before a court or other body having jurisdiction to compel its production or discovery, make representations with respect to it. |
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| 85 | 40(1) | By order, direct persons designated by the authorized person to conduct an inquiry 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 authorized person in such manner and within such period as the authorized person directs, if the authorized person considers that any of the following raises, or may raise, issues of public interest relating to safe railway operations:
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| 86 | 40.11(1) | Designate persons, or classes of persons, as enforcement officers. |
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| 87 | 40.12 | Establish the form and content of notices of violation. |
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| 88 | 40.19(1) | Appeal a determination made under section 40.18 to the Transportation Appeal Tribunal of Canada within 30 days. |
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| 89 | 40.2 | Obtain from the Transportation Appeal Tribunal of Canada or the member a certificate setting out the amount of the penalty required to be paid by a person who fails, within the time required,
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| 90 | 44.1(2) | Make recommendations of procedures to deal with complaints concerning police constables, including how the procedures are to be made public. |
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| 91 | 119(5) | By order, revoke a regulation, order or by-law that was continued by subsection 119(2) or (4), respectively. |
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