Vol. 150, No. 26 — December 28, 2016
SI/2016-74 December 28, 2016
SAFE AND ACCOUNTABLE RAIL ACT
Order Fixing the Day on which this Order is registered as the Day on which Subsection 35(2) of the Act Comes into Force
P.C. 2016-1159 December 16, 2016
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 40(3) of the Safe and Accountable Rail Act, chapter 31 of the Statutes of Canada, 2015, fixes the day on which this Order is registered as the day on which subsection 35(2) of that Act comes into force.
(This note is not part of the Order.)
This Order brings into force subsection 35(2) of the Safe and Accountable Railway Act which enacts subsection 119(1.2) of the Railway Safety Act.
The Order will bring into force amendments to the Railway Safety Act that deem certain regulations that are listed to have been made under the Railway Safety Act. This action will allow the Governor in Council to repeal the regulations that are listed in subsection 119(1.2) of the Railway Safety Act.
The Safe and Accountable Rail Act, formerly Bill C-52, received royal assent on June 18, 2015. It declared that certain regulations and orders that were made under predecessor legislation are deemed to have been made under the current Railway Safety Act. These amendments, made with the addition of subsection 119(1.2), were not brought into force to allow for further review of the regulations.
This initiative will address the 2007 Railway Safety Act Review Panel Report recommendation to clarify the regulatory regime by eliminating requirements that are no longer required. The Fall 2013 Report of the Auditor General of Canada subsequently endorsed this recommendation.
The spent or obsolete regulations will be subsequently repealed. The repeal will streamline Rail Safety’s regulatory regime and clarify the regulatory framework, remove duplication with other, more up-to-date legislation, and remove confusion for stakeholders.
Stakeholders have been aware of the department’s intent to repeal obsolete or spent regulations since the 2007 Rail Safety Panel Review Report recommendation. Stakeholders subsequently endorsed the repeal of obsolete regulations as part of the 2012–2013 Red Tape Commission consultations.