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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 32

THE PROVINCIAL RAILWAYS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. R15 amended

1           The Provincial Railways Act is amended by this Act.

2           Subsection 1(1) is amended

(a) by repealing the definition "order"; and

(b) by adding the following definition:

"traffic authority" means traffic authority as defined in subsection 1(1) of The Highway Traffic Act. (« autorité chargée de la circulation »)

3           Section 18 is amended by adding "of the board or the minister" after "order".

4           The part of subsection 23(1) before clause (a) is amended by adding "of the board or the minister" after "order".

5           The following is added after section 32:

APPORTIONMENT OF COSTS OF RAILWAY CROSSING CONSTRUCTION, MAINTENANCE OR IMPROVEMENT

Minister may apportion costs

32.1        In accordance with the regulations, the minister may, by order, apportion between the parties prescribed in the regulations the costs of constructing, maintaining or improving the following:

(a) a railway crossing over a highway;

(b) the warning signals, crossing gates and other infrastructure at such a railway crossing.

6           The following is added after clause 48(1)(m):

(m.1) governing the apportionment of costs respecting railway crossings under section 32.1, including, but not limited to,

(i) prescribing apportionment formulas that must be applied in prescribed circumstances,

(ii) prescribing the parties between whom the costs may be apportioned, either in general or in prescribed circumstances, and

(iii) prescribing criteria for determining when a party may be solely responsible for or exempt from paying the costs of constructing, maintaining or improving a railway crossing or the warning signals, crossing gates and other infrastructure at a railway crossing;

7           Clause 52(1)(c) is amended by adding "of the board or the minister" after "order".

Coming into force

8           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill gives the Minister of Transportation and Government Services the power to apportion the costs of constructing, maintaining or improving a railway crossing that crosses a highway.  The Minister may apportion the costs between any of several parties, including the railway company, the Government of Manitoba or a local government that has responsibility for the highway.  The Minister must apportion the costs in accordance with formulas and criteria set out in regulations.