Railway Safety Act

This Act may be cited as the Railway Safety Act.

This Act is binding on Her Majesty in right of Canada or a province.

This Act applies in respect of railways that are within the legislative authority of Parliament.

Despite subsection (2), this Act does not apply in respect of

railways referred to in section 16 of the Harbour Commissions Act; or

railways referred to in section 29 of the Canada Marine Act, except to the extent provided by regulations made under subsection 29(2) of that Act.

The objectives of this Act are to

promote and provide for the safety and security of the public and personnel, and the protection of property and the environment, in railway operations;

encourage the collaboration and participation of interested parties in improving railway safety and security;

recognize the responsibility of companies to demonstrate, by using safety management systems and other means at their disposal, that they continuously manage risks related to safety matters; and

facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety and security.

The Minister is responsible for the development and regulation of matters to which this Act applies, including safety and security, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,

promote railway safety and security by means that the Minister considers appropriate;

provide facilities and services for the collection, publication or dissemination of information;

undertake, and cooperate with persons undertaking, projects, technical research, study or investigation;

inspect, examine and report on activities related to railway matters; and

undertake other activities that the Minister considers appropriate or that the Governor in Council may direct.

In this Act,

Agency means the Canadian Transportation Agency continued by section 7 of the Canada Transportation Act; (Office)

alter[Repealed, 1999, c. 9, s. 2]

authorized screening means anything authorized or required to be done under the regulations or a security document for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on railway works and railway equipment; (contrôle)

company means a railway company or a local railway company; (compagnie)

crossing work means a road crossing or a utility crossing; (ouvrage de franchissement)

engineering standards means engineering standards established pursuant to section 7; (normes techniques)

fatigue science[Repealed, 2015, c. 31, s. 17]

goods means, except in the definition utility line, anything that may be taken or placed on board railway equipment as freight, baggage or personal belongings; (biens)

highest level of safety means the lowest acceptable level of risk as demonstrated by a risk management analysis; (niveau de sécurité le plus élevé)

line work means but does not include a crossing work; (ligne de chemin de fer)

a line of railway, including any structure supporting or protecting that line of railway or providing for drainage thereof,

a system of switches, signals or other like devices that facilitates railway operations, or

any other structure built across, beside, under or over a line of railway, that facilitates railway operations,

local railway company means a person, other than a railway company or an agent or mandatary of a railway company, that operates railway equipment on a railway; (compagnie de chemin de fer locale)

Minister means the Minister of Transport; (ministre)

person includes a government of a municipality and a road authority; (personne)

prescribed means prescribed by regulations; (Version anglaise seulement)

proponent, in relation to a railway work, means the person who proposes, or has proposed, the construction or alteration of the railway work, whether voluntarily or because of a requirement imposed under another Act or by an order made under section 32.01; (promoteur)

proposing party[Repealed, 1999, c. 9, s. 2]

railway means a railway within the legislative authority of Parliament and includes

branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway, and

communications or signalling systems and related facilities and equipment used for railway purposes; (chemin de fer)

railway company means a person that constructs, operates or maintains a railway; (compagnie de chemin de fer)

railway equipment means

a machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or

a vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use; (matériel ferroviaire ou train)

railway work means a line work or any part thereof, a crossing work or any part thereof, or any combination of the foregoing; (installations ferroviaires)

relevant association or organization, in relation to a railway company, means an association or organization that has been formed to represent the interests of and that is declared by order of the Minister to be a relevant association or organization in relation to that railway company; (organisation intéressée)

persons employed by that railway company, or

persons owning or leasing railway equipment that is used on lines of railway operated by that railway company

restricted area means an area that is established under the regulations or a security document and to which access is restricted to authorized persons; (zone réglementée)

road means any way or course, whether public or not, available for vehicular or pedestrian use; (route)

road authority means a public authority having legal authority to open and maintain roads; (autorité responsable du service de voirie)

road crossing means that part of a road that passes across, over or under a line of railway, and includes any structure supporting or protecting that part of that road or facilitating the crossing; (franchissement routier)

safety management system means a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes; (système de gestion de la sécurité)

screening officer means a person designated by the Minister under subsection 27(1) as a screening officer for the purposes of this Act; (agent de contrôle)

security document means any of the following documents:

a rule approved or proposed for approval under section 19 or 20 that relates to security,

an order, contained in a notice, referred to in subsection 31(2) that relates to security,

an emergency directive made under section 33 that relates to security, and

a security measure formulated under subsection 39.1(1); (texte relatif à la sûreté du transport ferroviaire)

superior court means

in the Province of Ontario, the Superior Court of Justice,

in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,

in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province,

in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,

in the Province of Quebec, the Superior Court of the Province, and

in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; (cour supérieure)

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act; (Tribunal)

utility crossing means that part of a utility line that passes over or under a line of railway, and includes any structure supporting or protecting that part of that utility line or facilitating the crossing; (franchissement par desserte)

utility line means any wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)

[Repealed, 2012, c. 7, s. 4]

A reference in this Act to a proposed railway work shall be construed, in a case where a person proposes to alter an existing railway work, as meaning the railway work as proposed to be so altered.

In determining, for the purposes of this Act, whether railway operations are safe railway operations, or whether an act or thing constitutes a threat to safe railway operations or enhances the safety of railway operations, regard shall be had not only to the safety of persons and property transported by railways but also to the safety of other persons and other property.

For the purposes of this Act, a threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists.

With the exception of a notice or document sent to or by the Tribunal, for the purposes of this Act, the filing or sending of a notice or document must be

in the case of an individual, by personal service, by facsimile or by mailing it by registered mail to the person’s latest known address;

in the case of a corporation, by facsimile or by mailing it by registered mail to its head office or any other office designated by the Minister; or

in either case, by any electronic or other means approved in writing by the Minister and subject to any conditions fixed by the Minister.

This Act and all regulations, rules, certificates, orders, exemptions and emergency directives made or issued under this Act prevail over the provisions of any agreement or order that enables a company to operate railway equipment on the railway of a railway company in the event of an inconsistency between them.

If a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water as defined in section 2 of the Canadian Navigable Waters Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Canadian Navigable Waters Act.

The Minister may enter into an agreement with the Agency providing for the following matters and may, in consultation with the Agency, take any action that is necessary to ensure that the terms of the agreement are disclosed to any railway company or other person likely to be affected by it:

the coordination of the activities of the Department of Transport and the Agency

relating to the construction, alteration, operation or maintenance of railway works and railway equipment, or

in determining whether a person is constructing, operating or maintaining a railway; and

procedures to be followed by that Department and the Agency in the event that conflicting interests arise between them in their activities with respect to those matters.

The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing 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; or

matters relating to the protection of the environment to which this Act applies.

The Minister may designate any body 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 the agreement.

The designated body, person or class of persons may perform any duty and exercise any power necessary for the enforcement of the law, to the extent specified in the agreement.

The Minister may enter into an agreement with a provincial authority to authorize the provincial authority 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 authority’s jurisdiction.

The Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards.

The Minister may, by order, require a railway company

to formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; and

within a period specified in the order, to file the formulated or revised standards with the Minister for approval.

A railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative.

Subsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations.

The Governor in Council may make regulations regulating or prohibiting the construction or alteration of road crossings.

If a proposed railway work is of a prescribed kind, the proponent shall not undertake the work unless it has first given notice of the work in accordance with the regulations. However, it may undertake the work if all persons to whom the notice was given file with the proponent a response indicating that they do not object to the work.

A person to whom a notice is given under subsection (1) may file with the proponent an objection to the proposed railway work if the person considers that the proposed railway work would prejudice their safety or the safety of their property. The objection must include reasons and be filed before the expiry of the period specified in the notice for the filing of objections, and a copy of it must be filed without delay with the Minister.

A person who has filed an objection under subsection (2) and subsequently wishes to withdraw that objection shall so notify the proponent and the Minister, and the objection shall be deemed to be withdrawn on receipt by the Minister of the notice.

Where the Minister is satisfied that an objection filed under subsection 8(2) is frivolous or vexatious or that the proposed railway work to which the objection relates is in the public interest, the Minister may send a notice to that effect to the person who filed the objection, and the objection shall thereupon be disregarded for all purposes of this Act.

The Minister shall send a copy of a notice under subsection (1) to the proponent.

Where the proponent shall not undertake that work otherwise than in accordance with the terms of the Minister’s approval given under this section pursuant to a written request, filed with the Minister, for such approval.

a proposed railway work departs from any applicable engineering standards, or

a proposed railway work is one in respect of which notice has been given under subsection 8(1) and, at the expiration of the period specified in that notice for the filing of objections, there is an outstanding objection,

A request to the Minister for approval of a proposed railway work under subsection (1) may be filed before the end of the period specified in the notice given under subsection 8(1) if all persons to whom the notice was given have filed a response with the proponent.

A proposed railway work described in paragraph (1)(b) may be undertaken without the Minister’s approval if the outstanding objection is withdrawn.

A request to the Minister for approval of a proposed railway work pursuant to subsection (1) must be accompanied

in all cases, by a plan of the work to which the request relates, which plan must include such drawings, specifications and other particulars as are prescribed;

where paragraph (1)(a) applies, by a statement setting out the manner in which the work departs from the applicable engineering standards and the reasons for such departure; and

where paragraph (1)(b) applies, by the response of the proponent to the outstanding objections.

On receipt of a request for approval of a proposed railway work under this section, the Minister shall, having regard to the material referred to in subsection (2) and any other factors that the Minister deems relevant, consider whether the proposed railway work is consistent with safe railway operations and shall, before the expiration of the assessment period,

if satisfied that the work is consistent with safe railway operations, notify the proponent and any objecting party that the Minister approves the work, either absolutely or on such terms as are specified in the notice; or

if not satisfied that the work is consistent with safe railway operations, by notice

inform the proponent and any objecting party that the Minister refuses to approve the work and of the reasons why the Minister is not so satisfied, or

direct the proponent to file with the Minister and any objecting party, within the period specified in the notice, such further particulars relating to the work as are specified in the notice.

Where a railway work has been undertaken without the required approval of the Minister having first been given, the Minister may nevertheless approve the work in accordance with this section.

The Minister may, in deciding whether to approve a proposed railway work, engage any person or organization having expertise in matters of safe railway operations to furnish advice to the Minister in relation to the matter.

Where the proponent is directed to file further particulars pursuant to subparagraph (3)(b)(ii) and

fails to file the further particulars within the period referred to in that subparagraph, it shall be deemed to have withdrawn its request to the Minister for approval of the work; or

files the further particulars within the period referred to in that subparagraph, this Act shall thereupon have effect as if the request that the Minister approve the work had been filed only at the time when the further particulars were filed.

The Minister’s approval of a proposed railway work under this section does not authorize the commencement of that work after the expiration of

the period specified in the approval; or

if the approval does not specify a period, one year after the approval is given.

In this section, assessment period, in relation to a request that the Minister approve a proposed railway work, means

the period of sixty days commencing on the day on which the request is filed; or

if, before the expiration of the period referred to in paragraph (a), the Minister determines that, by reason of the complexity of the work to which the request relates, the number of requests filed or any other reason, it is not feasible to consider the request before the expiration of that period, and so notifies the proponent and any objecting party, such period in excess of that period of sixty days as the Minister specifies in the notices.

Where, pursuant to section 40, the Minister directs a person to conduct an inquiry respecting a proposed railway work, the period commencing on the day when the Minister so directs and ending on the day when the person reports back to the Minister pursuant to section 40 shall be disregarded in computing the assessment period.

All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.

All engineering work relating to railway works must be approved by a professional engineer.

Where a proposed railway work and that crossing has been in existence for public use for at least three years, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

would improve the safety of a crossing at grade of a road and a line of railway, or

would cause or permit, in the interest of safe railway operations, the abandonment or relocation of a crossing at grade of a road and a line of railway,

Where a proposed railway work results, directly or indirectly, from an order of the Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would improve the safety of a crossing at grade of a road and a line of railway, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

The proponent may apply for a grant under this section only if

where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

Where an application is received by the Minister under this section, the Minister may, if satisfied that the application 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.

In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

In this section, railway work includes the relocation of any portion of a public road.

The Minister may 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.

The agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person’s rights relating to the crossing are extinguished.

Where a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

The proponent may apply for a grant under this section only if

where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained 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.

In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

In this section, grade separation means structures necessary to provide for

the passage of a public road under or over a line of railway; or

the passage of a line of railway under or over a public road.

Where the Minister is satisfied that

a program or study related to education or research,

a project relating to the design, demonstration or evaluation of railway works or railway equipment, or

the construction of a work, other than is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work.

a railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway,

a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, or

a railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6),

In authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.

Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.

The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations.

The Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice.

Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.

However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

The Agency may, with the approval of the Governor in Council, make regulations

prescribing the form of the notice for a reference under this section; and

prescribing the information to accompany that notice.

The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.

In this section, railway work includes the relocation of any portion of a public road.

Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.

[Repealed, 1999, c. 9, s. 11]

No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.

Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.

No railway company shall operate or maintain a railway, including any railway work or railway equipment, and no local railway company shall operate railway equipment on a railway, otherwise than in accordance with a railway operating certificate and — except to the extent that the company is exempt from their application under section 22 or 22.1 — with the regulations and the rules made under sections 19 and 20 that apply to the company.

No railway company shall construct or alter a railway work otherwise than in accordance with the engineering standards that apply in respect of the railway company, except to the extent that the railway company is exempt from their application under section 22.1.

No person responsible for the maintenance of a crossing work shall maintain it otherwise than in accordance with the regulations made under section 18 unless that person is exempted under section 22 or 22.1 from the application of those regulations in relation to the maintenance of that crossing work.

No railway company that meets the prescribed criteria shall operate railway equipment and no local railway company that meets the prescribed criteria shall operate railway equipment on a railway unless

the railway equipment is fitted with the prescribed recording instruments; and

the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.