1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ROBIN BLENCOE
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Railway Act, R.S.B.C. 1979, c. 354, is amended
(a) by adding the following definition:
"code" means the rules for railway system equipment, construction, maintenance, operation, health and safety made under the authority of this Act; , and
(b) in the definition of "municipality" by striking out "prescribed by" and substituting "defined by".
2 Section 3 is amended
(a) in subsection (1) in the definition of "railway" by striking out "under the hand and seal", and
(b) in subsection (2) by striking out "under his hand and seal,".
3 Section 5 is amended by striking out "and sealed by the minister under section 28, 32, 78, 81, 82, 135, 147, 158," and substituting "by the minister under section 32, 78, 81, 82, 135, 147,".
4 Section 8 is amended by striking out "prescribed by" and substituting "required by".
5 Sections 12 (1), 14 (5), 29 (2) and (4), 37 (2), 77 (1) (d), 135 (5), 150 (3), 151 (1), 158 (1), 163 (1), 164 (2), 166 (2), 177 (4), 179 (4), 184, 185, 189 (2), 190 (2), 191 (1), 194, 201 (3), 202 (1), 209 (1), 213 (4), 215, 216 (3), 217 (6), 218, 221 (1), 224 (1), 225, 226 (1), 230 (1), 231 (2), 232, 237 (1), 241 (1), 242 (c), 243 (1), 249 (1), 250, 254 (1), 255 (1), 256 (1), 257, 260, 264 (2), 270 (3), 274 (3) and 276 (1) are amended by striking out "under his hand and seal of office".
6 Section 12 (2) is amended by striking out "under his hand and seal of office,".
7 Section 13 is amended
(a) in subsection (1) by striking out "by certificate in duplicate, under his hand and seal of office," and substituting "by certificate, in duplicate,", and
(b) in subsection (2) by striking out "issue in duplicate, under his hand and seal of office," and substituting "issue, in duplicate,".
8 Section 24 (4) is amended by striking out "exceed 300 feet from the centre line of the railway located or constructed in accordance with the plans, profiles and books of reference deposited with the minister under this Act." and substituting "require the acquisition or leasing of additional property."
9 Sections 28 (3) and 148 (2) are amended by striking out "under the hand and seal of office".
10 Sections 30 and 31 are amended by striking out "prescribed by" and substituting "required by".
11 Section 32 is amended by striking out "without the consent in writing by certificate in duplicate of the minister, under his hand and seal of office;" and substituting "without the consent of the minister as evidenced by a certificate in duplicate;".
12 Section 35 (4) is amended by striking out "by certificate under his hand and seal of office, authorize" and substituting "authorize by certificate".
13 Section 85 (2) is amended by striking out "prescribed by" and substituting "required by".
14 Section 110 is amended by striking out "prescribed by" and substituting "required by".
15 Section 111 is amended
(a) in subsection (1) by striking out "prescribed by" and substituting "required by", and
(b) in subsection (2) by striking out "prescribed in" and substituting "required by".
16 Section 117 (1) (b) is amended by striking out "the prescribing of" and substituting "may specify".
17 Section 120 (2) is amended by striking out "prescribed in" and substituting "specified in".
18 Section 135 (1) is amended by striking out "with the consent of the minister, evidenced by certificate under his hand and seal of office first had and obtained," and substituting "having first obtained the consent of the minister evidenced by a certificate of the minister,".
19 Section 136 (2) is amended by striking out "prescribed by" and substituting "required by".
20 Section 147 is amended by striking out "any other company; the consent of the minister to be evidenced by a certificate under his hand and seal of office." and substituting "any other company, the consent of the minister to be evidenced by a certificate of the minister."
21 Section 150 (2) is amended by adding ", by code" after "by regulation of general application".
22 Section 156 is repealed and the following substituted:
156 (1) If the railway crosses a highway or access road at rail level, the top of the rail must be within the prescribed distance, or within the distance specified in the code, that is above or below the level of the road surface.
(2) When rails are installed or removed from the crossing, the company must restore the surface of the highway or access road to the same or a better condition as the surface of the adjacent highway or access road.
23 Section 157 (6) is amended by striking out "The minister" and substituting "The code may specify or the minister".
24 Section 165 (5) is amended by striking out "any general regulations, plans or specifications" and substituting "any general regulations or the code or with any plans or specifications".
25 Section 166 is amended by adding the following subsection:
(4) An order under subsection (2) is not required if
(a) the drainage is constructed or the pipes are laid in accordance with any general regulation or the code or with any plans or specifications adopted as approved by the minister for those purposes, and
(b) the company consents to the construction of drainage or the laying of pipes.
26 Section 170 (1) to (4) is repealed and the following substituted:
(1) Fences, signs or other works must be constructed, as prescribed or as specified in the code, for the purpose of restricting or preventing access by persons, vehicles or animals to the land on which a line of the railway is situated if the presence of persons, vehicles or animals on the land would constitute a threat to the safety of railway employees or the general public.
(2) If in the opinion of the minister conditions warrant it, the minister may, by certificate, order the construction of additional fences, signs or other works to provide for safe railway operations and for the safety of railway employees and the general public.
(3) If in the opinion of the minister there will be no adverse effect on safe railway operations or the safety of railway employees or the general public, the minister may, by certificate, provide an exemption from any or all of the requirements of subsection (1).
27 Section 171 is repealed and the following substituted:
171 (1) Every bridge, tunnel or other structure over, through, under or alongside which a railway passes must be constructed and maintained at all times so as to provide the vertical and horizontal clearance, as prescribed or as specified in the code, between the rolling stock or equipment and the nearest member or part of the bridge, tunnel or other structure which is directly over or alongside the space likely to be traversed by the rolling stock or equipment.
(2) The minister may, by certificate, provide in a specific case different clearances from those required under subsection (1) if in the opinion of the minister to do so would not constitute a threat to the safety of railway employees or the general public.
(3) The minister may require any existing bridge, tunnel or other structure to be reconstructed or altered within the time the minister may order, so as to comply with the requirements under subsection (1), and the bridge, tunnel or other structure must be maintained accordingly after it is so reconstructed or altered.
(4) If it is necessary to raise, reconstruct or alter any bridge, tunnel or other structure not owned by the company, the minister may, on receipt of an application of the company or without receiving an application, and on the giving of notice to all interested parties, make an order, by certificate, allowing or requiring the raising, reconstruction or alteration of the bridge, tunnel or other structure on terms and conditions that appear to the minister to be just and proper and in the public interest.
28 Section 172 is repealed and the following substituted:
172 (1) The company must not commence construction of, reconstruction of or substantial alteration to any bridge, tunnel, building or other structure through, over or under which the company's trains and equipment are to operate without first giving notice of the proposed work to the minister within the prescribed time or within the time specified in the code.
(2) The notice required by subsection (1) must be accompanied by the prescribed plans and information or the plans and information specified in the code.
(3) Within 30 days of receipt of the notice, plans and information required by subsections (1) and (2), the minister may do one or more of the following:
(a) make an order respecting the construction, reconstruction or alteration of the works on terms and conditions the minister considers expedient;
(b) give directions respecting the supervision of the work;
(c) require that other works, structures, equipment, appliances or materials be provided, constructed, maintained, used or operated, and that measures be taken, as under the circumstances of each case may appear to the minister best adapted, for securing the protection, safety and convenience of railway employees or the general public.
(4) The minister may order that work not be started, or if already started that work cease, until such time as the company provides plans and information which are acceptable to the minister.
(5) On the completion of the construction, reconstruction or alterations, the company must, before using or operating the works, apply to the minister for an order authorizing its use or operation and the minister may make the order if
(a) the minister is satisfied that minister's orders and directions made under this section have been carried out, and
(b) the use or operation of the works does not constitute a threat to the safe operation of the railway or to the safety of railway employees or the general public.
(6) The application under subsection (5) must be made in the prescribed form and manner or in the form and manner specified by the code.
29 Section 174 (2) is amended by striking out "shall be approved of by the minister, by certificate under his hand and seal of office." and substituting "must first be approved by the minister as evidenced by a certificate of the minister."
30 Section 175 (2) is amended by striking out "by the minister, by certificate under his hand and seal of office," and substituting "by the minister as evidenced by a certificate of the minister,".
31 Section 176 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Every inspecting engineer must, on being directed by the minister, do one or more of the following:
(a) inspect any railway, branch line or siding, or any portion of a railway, branch line or siding, whether constructed or in the course of construction;
(b) inspect stations, rolling stock, rails, road bed, rights of way, tracks, bridges, tunnels, trestles, viaducts, drainage, culverts, railway crossings and junctions, highway and farm crossings, access crossings, subways, fences, gates and cattle guards, telegraph, telephone and other electrical lines, and all other buildings, works, structures, equipment, apparatus and appliances on them, or to be constructed or used on them, or any part of them;
(c) examine the means and procedures used by the company in the operation and control of trains, locomotives and other equipment, and ensure that the company has provided for the safety of railway employees and the general public;
(d) promptly report to the minister, in writing, in respect of any matter under paragraphs (a) to (c). , and
(b) in subsection (5) by striking out "trains or engines" and substituting "trains, engines or equipment".
32 Section 177 (3) is repealed and the following substituted:
(3) Before granting the application under subsection (2), the minister may direct an inspecting engineer to examine the railway or the portion of the railway that is proposed to be opened.
33 Section 178 is amended
(a) in subsection (1) by striking out "to the public using it," and substituting "to the general public using it or to the employees of the company,", and
(b) by repealing subsection (2) and substituting the following:
(2) The minister may, by certificate, on receipt of the report of the inspecting engineer, order the company to make, do or furnish any repairs, modification to procedures, renewal, reconstruction, alteration or new work or any materials or equipment in respect of, in addition to or in substitution for any portion of the railway which may from the report appear to the minister necessary or proper, and may order that until the repairs, modification to procedures, renewal, reconstruction, alteration or new work is done or made or materials or equipment are furnished to the minister's satisfaction, no portion of the railway in respect of which the order is made must be used, or used otherwise than subject to the restrictions, conditions and terms the minister may in the certificate impose.
34 Section 180 is repealed and the following substituted:
180 (1) Every company must, as prescribed or as specified in the code, provide and cause to be used in its operations modern, reliable and efficient apparatus and appliances, and the means and procedures for the safe control of trains and equipment, unless leave has been otherwise obtained from the minister.
(2) All locomotives, rolling stock and other equipment must be equipped with the safety appliances prescribed or specified in the code unless leave has been otherwise obtained from the minister.
35 Section 181 is amended by striking out "subject to the requirements of section 180, on application, by certificate under his hand and seal of office, order that" and substituting "by certificate, on receipt of an application from a company for certification of compliance with the requirements of section 180, order that".
36 Sections 182 and 183 are repealed.
37 Section 191 (3) and (4) is repealed and the following substituted:
(3) A train must not enter, at a speed greater than 10 miles per hour, a highway or access crossing at rail level unless
(a) the crossing is constructed, maintained and protected in accordance with orders and directions specifically issued by the minister with respect to the crossing, or
(b) the minister gives permission to enter the crossing at a speed greater than 10 miles an hour.
(4) If a person or vehicle using, or an animal being ridden or driven over, a highway or access crossing at rail level is struck by a moving train with resulting injury or death to any person, a train must not after that injury or death enter the crossing at a speed greater than 10 miles per hour unless the crossing is protected to the satisfaction of the minister.
38 Section 203 is amended
(a) in subsection (1) (a) by adding "the code or with" after "except in accordance with",
(b) in subsection (1) (b) (iii) by adding "the code or" after "causing to be observed", and
(c) in subsection (2) by adding "the code or with" after "except in accordance with".
39 Section 204 is amended by adding "the code or with" after "except in accordance with".
40 Section 205 is repealed.
41 Section 206 is amended by striking out "in and by any certificate under his hand and seal of office," and substituting "by certificate,".
42 Section 207 is repealed and the following substituted:
207 (1) The company must place at the disposal of any branch of the public service, whether federal or Provincial, any electric telegraph and telephone lines and any apparatus and operators which the company has that the minister, by certificate, may specify.
(2) The company is entitled to receive reasonable compensation for the service in an amount that the minister may, by certificate, specify.
43 Section 208 is repealed and the following substituted:
208 (1) Every company must promptly notify the minister, and give a written report to the minister, in respect of every event on railway property that
(a) causes death or personal injury or causes damage to property or the environment, or
(b) results in significant risk to life or health or threatens damage to property or the environment.
(2) The minister may make regulations prescribing the content of the notice and report, the manner and form in which the notice and report must be given, and the classes of events for which notification is required.
(3) Notwithstanding subsections (1) and (2), an accident or incident may be investigated by an inspecting engineer.
44 Section 243 (1) is amended by striking out "prescribing" and substituting "imposing".
45 Section 253 is amended by striking out ", by regulation under his hand and seal of office, or in any particular case, prescribe" and substituting "make regulations prescribing generally, or in any particular case,".
46 Section 262 is amended by striking out "prescribe" and substituting "impose".
47 Section 277 (5) is amended by striking out "prescribed by" and substituting "specified by".
48 Section 279 is repealed and the following substituted:
279 (1) Every company must, when requested by the minister, provide to the minister a true copy of the existing bylaws of the company and of its rules and regulations for the management of the company and its railway.
(2) The minister may make orders directing the form in which the information required by subsection (1) must be provided.
49 Section 287 is amended
(a) in subsection (1) (f) by adding ", the code" after "comply with this Act", and
(b) in subsection (2) by striking out "any regulation, code, standard or rule," and substituting "any regulation, standard or rule or any code that is not a code as defined in section 1,".
50 The following sections are added:
287. (1) The minister may make a code of rules respecting all aspects of railway system equipment, construction, maintenance, operation, health and safety and may amend the code from time to time as required.
(2) A provision of the code may specify that the approval or consent of an inspector or some other person is required before a specific action may be taken.
(3) The code and any amendments to it come into force on approval of the Lieutenant Governor in Council.
(4) If there is a conflict between a provision of the code and a provision of the regulations, the regulations apply.
287.1 (1) If an inspector finds that a company is not being operated in accordance with the provisions of the code, the inspector may order the owner, manager or agent to comply with the code.
(2) If a person fails or refuses to comply with an order of an inspector under this section, the inspector may apply to the Supreme Court for an injunction requiring the person to perform the obligations under the order.
51 Section 289 is repealed and the following substituted:
289 (1) Except as otherwise expressly provided in this Act, a person or company who contravenes a provision of this Act commits an offence and is liable on conviction to a fine of not more than $10 000.
(2) If the offence is of a continuing nature, each day that the offence continues shall constitute a separate offence.
(3) If a company is convicted of an offence against a provision of this Act, a director or officer of the company who authorized, permitted or acquiesced in the offence commits the same offence and is liable to the fine for that offence set out in this section.
52 Section 295 is amended by striking out "prescribed" in both places and substituting "imposed".
53 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1:
(a) adds a definition of code for the purposes of the new section 287.1 of the Act;
(b) removes an improper use of the keyword "prescribed".
SECTIONS 2 and 3: remove the requirement that certificates be issued under seal.
SECTION 4: removes an improper use of the keyword "prescribed".
SECTIONS 5 to 7: remove the requirement that certificates be issued under seal.
SECTION 8: allows the railway company to make deviations, changes or alterations within its right of way or yard property.
SECTION 9: removes the requirement that certificates be issued under seal.
SECTION 10: removes an improper use of the keyword "prescribed".
SECTIONS 11 and 12: remove the requirement that certificates be issued under seal.
SECTIONS 13 to 17: remove improper use of the keyword "prescribed".
SECTION 18: removes the requirement that certificates be issued under seal.
SECTION 19: removes an improper use of the keyword "prescribed".
SECTION 20: removes the requirement that certificates be issued under seal.
SECTION 21: is consequential to the new section 287.1 of the Act.
SECTION 22: allows the minister, by regulation or code, to set standards for railway crossings.
SECTIONS 23 and 24: are consequential to the new section 287.1 of the Act.
SECTION 25: provides that an order of the minister is not required under section 166 of the Act if the conditions of subsection (4) are met.
SECTION 26: requires that fences, signs and other works be constructed as specified by the regulations or code, and empowers the minister to vary fencing requirements or provide exemptions.
SECTION 27: requires that the horizontal and vertical clearance around bridges, tunnels and structures be as specified by the regulations or code, and empowers the minister to vary clearances and to order reconstruction of existing bridges, tunnels and structures.
SECTION 28: requires a railway company to give notice to the minister respecting proposed construction, reconstruction or alteration of railway works, and that plans and information be provided as set out in the regulations or code.
SECTIONS 29 and 30: remove the requirement that certificates be issued under seal.
SECTION 31:
(a) establishes the duties of an inspecting engineer with respect to railway lines, equipment, works, operations and safety;
(b) allows an inspecting engineer to travel on railway equipment such as speeders.
SECTION 32: allows the minister the discretion of ordering an inspection rather than requiring a mandatory inspection.
SECTION 33:
(a) clarifies the application of the subsection to railway employees as well as to the general public;
(b) adds "modification to procedures" to the things the minister may order a railway company to do, and recasts the subsection to eliminate ambiguities.
SECTION 34: allows the regulations or code to specify required apparatus and appliances for the safety and control of trains unless leave is obtained from the minister.
SECTION 35: removes the requirement that certificates be issued under seal.
SECTION 36: repeals requirements that will now be covered by regulation or code.
SECTION 37: clarifies speed requirements for trains entering highway and access crossings.
SECTIONS 38 and 39: allow exceptions to the requirements of the sections to be set out in the code or the regulations.
SECTION 40: repeals requirements that will now be dealt with in the regulations or the code.
SECTION 41: removes the requirement that certificates be issued under seal.
SECTION 42: removes the requirement that certificates be issued under seal, and recasts the section for clarity.
SECTION 43: requires a railway company to promptly give notice and to make reports to the minister respecting events that cause death or personal injury or risk to life, health, property or the environment.
SECTION 44: removes improper use of the keyword "prescribing".
SECTION 45: removes the requirement that certificates be issued under seal.
SECTIONS 46 and 47: remove an improper use of the keywords "prescribe" and "prescribed".
SECTION 48: removes the requirement for a statutory declaration as a consequence of the notice and reporting requirements under the amended section 208 of the Act, and recasts section 279 for clarity.
SECTION 49:
(a) requires compliance with the code;
(b) clarifies that a reference in this subsection to "code" is to a code other than as defined in section 1 of the Act.
SECTION 50: for the regulation of railway companies, allows the minister to make a comprehensive code of rules respecting highly technical, complex and detailed rules of practice concerning such matters as railway equipment, construction, maintenance, operation, health and safety; the code is not a regulation under the Regulations Act and would provide for many provisions currently dealt with by regulation.
SECTION 51: increases the penalty for an offence against the Act to a fine of not more than $10 000, makes it a separate offence for each day an offence continues, and makes directors and officers of a railway company liable to the same penalties as the company.
SECTION 52: removes an improper use of the keyword "prescribed".
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