Railway Safety Administrative Monetary Penalties Regulations
SOR/2014-233
Registration 2014-10-10
Railway Safety Administrative Monetary Penalties Regulations
P.C. 2014-1022 2014-10-09
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 40.1Footnote a and subsection 40.11(2)Footnote a of the Railway Safety ActFootnote b, makes the annexed Railway Safety Administrative Monetary Penalties Regulations.
Return to footnote aS.C. 2012, c. 7, s. 31
Return to footnote bR.S., c. 32 (4th Supp.)
Interpretation
Definition of Act
1 In these Regulations, Act means the Railway Safety Act.
Designated Provisions
Marginal note:Designated provisions
2 (1) A provision of the Act or its regulations that is set out in column 1 of a Part of Schedule 1 is designated as a provision the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22 of the Act.
Marginal note:Maximum amounts — individuals
(2) The amount set out in column 2 of a Part of Schedule 1 is the maximum amount payable by an individual in respect of a violation of the designated provision set out in column 1.
Marginal note:Maximum amounts — corporations
(3) The amount set out in column 3 of a Part of Schedule 1 is the maximum amount payable by a corporation in respect of a violation of the designated provision set out in column 1.
Marginal note:Designations — orders and rules
3 (1) The following instruments are designated as provisions the contravention of which may be proceeded with as a violation in accordance with sections 40.13 to 40.22 of the Act:
(a) an order made under subsection 7(2) or 19(1) of the Act;
(b) a rule in force under section 19 or 20 of the Act.
Marginal note:Maximum amounts
(2) The maximum amount payable for a violation referred to in subsection (1) is $25,000 in the case of an individual and $125,000 in the case of a corporation.
Prescribed Form of Enforcement Officer Certificate
Marginal note:Enforcement Officer Certificate
4 The authorization referred to in subsection 40.11(2) of the Act shall be in the form set out in Schedule 2.
Coming into Force
Marginal note:April 1, 2015
5 These Regulations come into force on April 1, 2015.
SCHEDULE 1(Section 2)
PART 1
Designated Provisions of the Act
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Maximum Amount Payable ($) | Maximum Amount Payable ($) | ||
| Item | Designated Provision | Individual | Corporation |
| 1 | Subsection 7(2.1) | 25,000 | 125,000 |
| 2 | Subsection 8(1) | 25,000 | 125,000 |
| 3 | Subsection 10(1) | 25,000 | 125,000 |
| 4 | Subsection 11(1) | 50,000 | 250,000 |
| 5 | Subsection 11(2) | 50,000 | 250,000 |
| 6 | Section 17.2 | 50,000 | 250,000 |
| 7 | Section 17.3 | 50,000 | 250,000 |
| 8 | Subsection 19(2) | 5,000 | 25,000 |
| 9 | Subsection 20(1) | 5,000 | 25,000 |
| 10 | Subsection 20(2) | 5,000 | 25,000 |
| 11 | Subsection 23.1(1) | 5,000 | 25,000 |
| 12 | Subsection 30(1) | 25,000 | 125,000 |
| 13 | Subsection 30(2) | 25,000 | 125,000 |
| 14 | Section 31 | 50,000 | 250,000 |
| 15 | Subsection 32(1) | 50,000 | 250,000 |
| 16 | Subsection 32(3) | 50,000 | 250,000 |
| 17 | Subsection 33(1) | 50,000 | 250,000 |
| 18 | Subsection 35(1) | 25,000 | 125,000 |
| 19 | Subsection 35(3) | 25,000 | 125,000 |
| 20 | Section 36 | 50,000 | 250,000 |
| 21 | Section 38 | 50,000 | 250,000 |
| 22 | Subsection 44.1(1) | 5,000 | 25,000 |
| 23 | Subsection 44.1(2) | 5,000 | 25,000 |
PART 2
Designated Provisions of the Railway Safety Management System Regulations
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Maximum Amount Payable ($) | Maximum Amount Payable ($) | ||
| Item | Designated Provision | Individual | Corporation |
| 1 | Section 2 | 50,000 | 250,000 |
| 2 | Subsection 3(1) | 25,000 | 125,000 |
| 3 | Subsection 3(2) | 25,000 | 125,000 |
| 4 | Subsection 4(1) | 5,000 | 25,000 |
| 5 | Paragraph 4(2)(b) | 5,000 | 25,000 |
| 6 | Subsection 5(1) | 5,000 | 25,000 |
| 7 | Section 6 | 25,000 | 125,000 |
PART 3
Designated Provisions of the Mining Near Lines of Railways Regulations
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Maximum Amount Payable ($) | Maximum Amount Payable ($) | ||
| Item | Designated Provision | Individual | Corporation |
| 1 | Section 4 | 50,000 | 250,000 |
| 2 | Subsection 5(1) | 25,000 | 125,000 |
| 3 | Subsection 5(2) | 25,000 | 125,000 |
| 4 | Section 6 | 25,000 | 125,000 |
| 5 | Section 8 | 50,000 | 250,000 |
PART 4
Designated Provisions of the Railway Prevention of Electric Sparks Regulations
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Maximum Amount Payable ($) | Maximum Amount Payable ($) | ||
| Item | Designated Provision | Individual | Corporation |
| 1 | Section 3 | 50,000 | 250,000 |
| 2 | Subsection 5(1) | 25,000 | 125,000 |
| 3 | Subsection 5(2) | 25,000 | 125,000 |
| 4 | Subsection 5(3) | 25,000 | 125,000 |
| 5 | Section 6 | 25,000 | 125,000 |
SCHEDULE 2(Section 4)Enforcement Officer Certificate
| ENFORCEMENT OFFICER CERTIFICATE |
|---|
Certificate Number:  |
| Pursuant to subsection 40.11(1) of the Railway Safety Act, (NAME) is designated as an enforcement officer to exercise the powers conferred to an enforcement officer under that Act. |
Signature of Minister or Minister’s delegate: |
| Date of issuance: |
- Date modified: