Enforcement of Railway Safety Act
Under the Railway Safety Act (Canada), Technical Safety BC has two primary enforcement tools:
- Notice: Authorized under section 31(1) of the Railway Safety Act (Canada), Notices can be issued to a person or railway for a threat to the safety or security of railway operations, persons, or property.
- Notice and Order: Authorized under section 31(2) of the Railway Safety Act (Canada), Notice and Orders are issued for an immediate threat to railway safety, and order that actions are taken to mitigate the threat.
Reasons Technical Safety BC may issue a Notice or Notice and Order
Technical Safety BC Railway safety officers may issue a Notice, or Notice and Order in response to a safety threat that may stem from a number of situations. Examples of such situations include (but are not limited to):
- Observed non-compliances through an audit,
- Violations of applicable rules or regulations,
- A pattern of railway occurrences, or
- Circumstances that in the opinion of the Railway Safety Officer are deemed unsafe.
When a Notice containing an Order is issued by a Railway Safety Officer, the Order will contain a right of review to the provincial Registrar of Railway Safety. The request for review must be made on or before thirty (30) days after the day on which the Notice containing the Order was sent.
Once Technical Safety BC is satisfied that the threat to railway safety has been satisfactorily mitigated or eliminated, the Railway safety officer may alter or revoke the Notice or Notice and Order as appropriate.