Interpretation

1  In this Part:

"Canadian Transport Commission" means the Canadian Transport Commission established under the National Transportation Act, 1966-67 (Canada)¹and includes a president, vice-president or commissioner of the Canadian Transport Commission or the Railway Transport Committee referred to in a regulation adopted by section 2 of this Part;

"director" means the Director of Operations referred to in the regulations listed in section 2 of this Part;

"federal agency" means the Governor in Council, the federal minister, the Canadian Transport Commission, secretary, director, inspector, officer or representative;

"federal minister" means the minister as defined in section 4 of the Railway Safety Act (Canada);

"inspector" means an inspector or inspecting engineer referred to in a regulation listed in section 2 of this Part and includes a railway safety inspector appointed under the Railway Safety Act (Canada);

"officer" means an officer of the Canadian Transport Commission;

"Provincial agency" means the minister, an inspecting engineer or the Chief Inspecting Engineer referred to in section 2 of this Part;

"representative" means a representative of the Canadian Transport Commission;

"secretary" means the Secretary of the Canadian Transport Commission.

 Federal regulations adopted by reference

2  The following regulations made by the Canadian Transport Commission

(a) Regulations for the Transportation of Dangerous Commodities by Rail,

(b) the Piggyback Cargo Tanks Regulations,

(c) the Liquefied Petroleum Gases Bulk Storage Regulations,

(d) the Flammable Liquids Bulk Storage Regulations,

(e) the Anhydrous Ammonia Bulk Storage Regulations,

(f) the Railway Cars Gas Fuel Systems Regulations,

(g) the Chlorine Tank Car Unloading Facilities Regulations, and

(h) the Ammonium Nitrate Storage Facilities Regulations,

as adopted by section 113 of the Railway Safety Act (Canada) or amended from time to time under that Act, are adopted and apply to all railways and persons to whom the Railway Act applies as though

(i) the minister was the Governor in Council, the federal minister or the Canadian Transport Commission,

(j) the Chief Inspecting Engineer, Engineering and Inspection Branch, Ministry of Municipal Affairs, Recreation and Culture was the secretary or the director, and

(k) an inspecting engineer was an inspector, officer or representative.

 Communications

3  Where, under regulations referred to in section 2 of this Part, leave, advice or approval must be sought, an application must be made, notification must be given, a document must be filed or business in some other form must be transacted with a federal agency, that transaction shall be conducted with the Provincial agency that under section 2 of this Part stands in the place of the federal agency.

 Adoption of certain federal standards

4  (1)  Where a federal agency in the context of regulations referred to in section 2 of this Part has made a rule, order, regulation or other standard of general application for the safe storage, handling or transportation of goods, this applies to railways and persons to which this Part applies.

(2)  Notwithstanding subsection (1), where a Provincial agency has adopted another standard of general application in place of one referred to in subsection (1), the other standard of the Provincial agency applies and that of the federal agency does not apply.

 A federal agency may act as agent for a Provincial agency

5  Where the Provincial government and the federal government have agreed that a federal agency shall act as agent of a Provincial agency for the purposes of a power, function or duty under regulations referred to in section 2 of this Part, that power, function or duty may be exercised by the federal agency and persons shall, for this purpose, deal with the federal agency as though section 3 of this Part did not apply.

 Restrictions on the application of the federal regulations

6  Section 2 of this Part does not give the minister power to make regulations and does not make offence provisions under the regulations adopted by section 2 of this Part apply to this Part.

 Notification

7  (1)  Each railway company shall ensure that its employees who handle, store or transport dangerous goods are fully informed on the provisions of this Part and the federal regulations it adopts.

(2)  To comply with subsection (1), each railway company shall have available to its employees sufficient copies of this Part and the federal regulations it adopts.