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Delegation of Authorities Pursuant to Section 45 of the Railway Safety Act
AUTHORIZATION
I, John Baird, Minister of Transport, Infrastructure and Communities, pursuant to section 45 of the Railway Safety 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.
Dated at Ottawa, Ontario, this 8 day of March 2010.
Original signed by John Baird
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, other means of filing or sending notices and documents. |
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| 3 | 6 | Enter into agreements with the Agency to coordinate activities. |
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| 4 | 7(2) | 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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| 5 | 7(2) | Specify in the order, the period to file the formulated or revised standards with the authorized person for approval. |
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| 6 | 9(1) | Where the authorized person is satisfied that an objection is frivolous or vexatious, send a notice to that effect to the person who filed the objection. |
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| 7 | 9(2) | Send copy of notice under subsection 9(1) to the proponent. |
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| 8 | 10(3)(a) | Approve the 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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| 9 | 10(3)(b)(i) | Refuse to approve the work, by notice, where 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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| 10 | 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 the work as are specified in the notice. |
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| 11 | 10(4) | Approve a railway work that has been undertaken without the required approval having first been given. |
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| 12 | 10(5) | Engage any person or organization having expertise in matters of safe railway operations to furnish advice. |
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| 13 | 10(8)(b) | Specify an additional period and notify the proponent and any objecting party of that period if, before the expiration of the period of 60 days beginning on the day the request was filed the authorized person determines that it is not feasible to consider the request during that period. |
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| 14 | 12(4) | If the authorized person is satisfied that the application has been 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, where the cost is over $500,000. |
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| 15 | 12(4) | If the authorized person is satisfied that the application has been 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, where the cost of the work is under $500,000. |
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| 16 | 12(5) | Attach terms and conditions to the grant as the authorized person deems advisable, including requirements to provide the authorized person with evidence of expenditure on the work. |
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| 17 | 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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| 18 | 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 over $500,000. |
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| 19 | 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, the authorized person may 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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| 20 | 14(2) | Attach terms and conditions to the 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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| 21 | 19(1) | Order a railway 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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| 22 | 19(4)(a) | Consider, where in the authorized person’s opinion and after having regard to current railway practice, to the views of the railway company and the views of any relevant association or organization identified under subsection 19(3) and to any other factor that the authorized person considers relevant, the rules are conducive to safe railway operations by the company and before the expiration of the assessment period in relation to those rules, notify the company and each association or organization identified under subsection 19(3) that the authorized person approves these rules, either absolutely or on such term and conditions as are specified in the notice, if the authorized person is satisfied. |
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| 23 | 19(4)(b) | Consider whether, in the authorized person’s opinion and after having regard to current railway practice, to the views of the railway company and the views of any relevant association or organization identified under subsection 19(3) and to any other factor that the authorized person considers relevant, the rules are not conducive to safe railway operations by the company and before the expiration of the assessment period in relation to these rules, notify the company and each association or organization identified under subsection 19(3) that the authorized person does not approves those rules. |
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| 24 | 19 (4.2) | Amend any terms or conditions specified under subsection 19(4), on the basis of new information about the safety of the railway operations, and provide each relevant association or organization with a copy of the amendments. |
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| 25 | 19(5) | In deciding whether to approve rules filed by a railway 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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| 26 | 19(6) | Indicate in the notice made under 19(4)(b) an intention to establish rules under subsection 19(7). |
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| 27 | 19(7) | By order, establish rules in respect of any matter referred to in subsection 18(1) or (2.1) in relation to a railway company that fails to file rules pursuant to an order under subsection 19(1). |
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| 28 | 19(7) | By order, establish rules in respect of any matter referred to in subsection 18(1) or (2.1) in relation to a railway company that files rules pursuant to an order under subsection 19(1) where the authorized person refuses under subsection 19(4) to approve those rules. |
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| 29 | 19(10)(b) | Specify an additional period and notify the railway company where, 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, the number of rules filed or any other reason, it will not be feasible to consider the rules before the expiration of that period. |
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| 30 | 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, by notice, on any terms and conditions that are specified in the notice, exempt a specified railway 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 under section 19 or 20. |
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| 31 | 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, by notice, on any terms and conditions that are specified 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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| 32 | 22(7) | Grant the application 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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| 33 | 22(7) | Extend the time for granting the application for an additional period of up to sixty days. |
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| 34 | 22.1(1)(a) | Within 21 days after the filing of the notice, provide a response indicating that the authorized person does not object to the exemption. |
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| 35 | 22.1 (3)(a) | Within seven days after the filing of an objection under subsection 22.1(2), confirm an objection filed under that subsection, if the authorized person decides that the exemption threatens safety. |
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| 36 | 22.1(3)(b) | Within twenty-one days after receiving the notice under subsection 22.1(1), object to 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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| 37 | 23.1(2) | Decide whether an area meets the prescribed requirements. |
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| 38 | 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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| 39 | 27(1) | Designate any person whom the authorized person considers qualified as a railway safety inspector for the purposes of this Act and designate the matters, other than rail security, in respect of which the person may exercise the powers of a railway safety inspector. |
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| 40 | 27(1) | Designate any person whom the authorized person considers qualified as a railway safety inspector for the purposes of this Act and designate rail security matters in respect of which the person may exercise the powers of a railway safety inspector. |
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| 41 | 27(1) | Designate any person whom the authorized person considers qualified as a screening officer. |
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| 42 | 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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| 43 | 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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| 44 | 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 of the designation. |
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| 45 | 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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| 46 | 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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| 47 | 27.2(1) | Notify a person of the refusal to designate as a screening officer or the suspension or cancellation or the refusal to renew the designation. |
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| 48 | 27.5(1) (b) | Appeal a determination made under paragraph 27.4(4)(b) to the Tribunal. |
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| 49 | 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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| 50 | 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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| 51 | 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, (a) a railway work the construction of which began after the coming into force of this section has not been constructed in accordance with the requirements imposed by or under this Act,(b) any railway work has not been altered in accordance with the requirements imposed by or under this Act, or(c) any railway work is not being, or has not been, maintained in accordance with the requirements imposed by or under this Act. |
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| 52 | 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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| 53 | 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 therefor. |
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| 54 | 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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| 55 | 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 company of that opinion and of the reasons therefor. |
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| 56 | 32(3)(b)(ii) | Where the authorized person is of the opinion that a person has contravened a regulation made under section 24 and 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 of that company, order the 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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| 57 | 32(3.1) | If the authorized person is of the opinion that the safety management system established by a railway 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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| 58 | 32.4 | If a matter is referred back 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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| 59 | 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 rail transportation, the authorized person may, by emergency directive sent to a railway company, order it, either absolutely or to the extent specified in the directive, (i) to stop using the kind of railway works or railway equipment that poses the threat, or(ii) to stop following the maintenance or operating practice that poses the threat. |
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| 60 | 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 rail transportation, by emergency directive sent to a railway company, order it, to follow a maintenance or operating practice specified in the directive if the threat is posed by the company’s not following that practice. |
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| 61 | 33(4) | By notice sent to the railway company, rescind an emergency directive, in which case the directive thereupon ceases to have effect. |
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| 62 | 33(6) | Before the expiration of the period during which an emergency directive has effect, by notice sent to the railway 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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| 63 | 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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| 64 | 34(3) | File with the registrar of the court a certified copy of the order or directive and the order or directive, thereupon becomes an order of the court. |
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| 65 | 34(5) | Before or after an order or emergency directive is made an order of a court pursuant to this section, enforce the order or directive. |
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| 66 | 39.1(1) | Formulate measures respecting the security of railway transportation. |
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| 67 | 39.1(2) | By notice in writing, require or authorize a railway company to carry out any of these security measures. |
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| 68 | 39.1(3) | 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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| 69 | 39.2(1)(a) | Authorize the disclosure of the substance of a security document. |
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| 70 | 39.2(2) | If a request is made for the production or discovery of the 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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| 71 | 40(1) | By order, direct persons designated by the authorized person for the purpose 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 if the authorized person considers that any of the following raises, or may raise, issues of public interest relating to safe railway operations:(a) a proposed railway work set out in a plan filed with the Minister under section 10,(b) rules filed with the Minister under section 19 or 20,(c) any accident or incident associated with railway works or with the operation of railway equipment, or(d) any other matter relating to the operation or maintenance of railway works or railway equipment. |
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| 72 | 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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