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The Provincial Railways Act

C.C.S.M. c. R15

The Provincial Railways Act

INTERPRETATION AND APPLICATION
1(1) Definitions
(2) Reference to "Act" includes regulations
2(1) Application
(2) Exception
PART 1
JURISDICTION, PROCEDURES, GENERAL PROVISIONS AND APPEALS
JURISDICTION OF BOARD AND COURT
3(1) Jurisdiction
(2) Additional powers of board
4 Joint sittings
5 Powers under Canada Transportation Act etc.
6 Action for breach of section 36 or 42
PROCEDURES
7 Application of Highway Traffic Act
8 Part V of Evidence Act powers
9 Evidence
10(1) Administration of oaths and affirmations
(2) Evidence under oath or affirmation
11 Maintenance of order at hearing
12 Use of public buildings
13(1) Rule-making powers
(2) Scope of rules under clauses (1)(a) to (d)
(3) Scope of rules under clause (1)(e)
14(1) Guidelines
(2) Access to guidelines
GENERAL PROVISIONS
15 Provincial transportation policy
16(1) Terms and conditions of licences and approvals
(2) Transfer of licence or approval
17 Refusal of licence or approval
18 Suspension or revocation of licence or approval
19 Order subject to terms etc.
20 Interim order
21 Power of board re applications
22 Varying decisions or orders
23(1) Compliance and remedial order
(2) Board's power on default
(3) Recovery of expenses
24(1) Liability of directors and officers of corporation
(2) Right of contribution
25 Costs of parties
26 Filing of decision or order
APPEALS
27(1) Appeal
(2) Application for leave to appeal
(3) Board entitled to be heard
(4) Decision or order of board not stayed
(5) Court to certify opinion
28(1) Costs on appeal
(2) Exception
PART 2
OPERATION OF RAILWAYS, CONSTRUCTION AND ALTERATION OF RAILWAY LINES AND DISCONTINUANCE OF CARRIAGE OF PASSENGERS OR GOODS
LICENCE TO OPERATE
29 Licence to operate required
30(1) Issue of licence
(2) Authority and requirements re traffic
(2.1) Application to amend licence
(3) Railway not operated by owner
APPROVAL OF CONSTRUCTION OR ALTERATION OF RAILWAY LINES
31 Approval to construct or alter railway line required
32 Issue of approval to construct railway line
DISCONTINUING THE OPERATION OF A RAILWAY LINE
33(1) Definition of "discontinue the operation of a railway line"
(2) Approval required for discontinuance of operation
(3) Application and basis for approval to discontinue
(4) Discontinuance and disposition of railway line
34 Sale, etc. void without approval to discontinue
34.1 Definitions
34.2(1) Compliance with steps for discontinuance
(2) Publication of notice of application
(3) Form of notice to be acceptable to the board
(4) 60-day waiting period
(5) Advertisement of availability of railway line for continued operation
(6) Content of advertisement
(7) Disclosure of process
(8) Negotiation in good faith
(9) Period for reaching agreement
(10) Board may extend period for reaching agreement
(11) Decision to continue operation of railway line
34.3(1) Offer to governments
(2) Which governments receive offer
(3) Time limit for acceptance by Manitoba
(4) Time limit for acceptance by a municipality
(5) Deposit
(6) Deposit to be held by the board
(7) Acceptance not binding without deposit
(8) Communication and notice of acceptance
(9) Net salvage value
(10) Appraisal
(11) Binding determination
(12) Costs
(13) No agreement
(14) Canadian Transportation Agency as arbitrator
(15) Application of certain provisions of section 40
PART 3
OBLIGATIONS RESPECTING TRAFFIC, CONDITIONS OF CARRIAGE, CONTRACTS AND RATES
RIGHTS
35 Rights of railway companies
OBLIGATIONS RESPECTING TRAFFIC
36 Obligations re traffic
CONDITIONS OF CARRIAGE, RATES AND CONFIDENTIAL CONTRACTS
37(1) Contracts limiting liability to passengers
(2) Contracts limiting liability re goods
(3) Where no agreement
38(1) Regulations
(2) Restriction on setting maximum rates
(3) Scope of power
39(1) Confidential contracts
(2) Prohibition on disclosure
40(1) Request for referral for arbitration
(2) Arbitration precluded in certain cases
(3) Selection of arbitrator
(4) Arbitrator to observe rules
(5) Decision of arbitrator
(6) Application of decision
(7) Payment by party
(8) Arbitrator's fee
JOINT RATES
41(1) Joint rates
(2) Board order where no agreement
PART 4
RELATIONS BETWEEN RAILWAYS
TRAFFIC OF OTHER RAILWAYS
42(1) Obligation re connecting railways
(2) Interpretation of "reasonable" facilities, traffic and accommodation
CONNECTIONS
43 Connections
PART 5
EXPROPRIATION, ENTRY ONTO LAND, SAFETY CERTIFICATE AND REGULATIONS
EXPROPRIATION
44(1) Approval of expropriation required
(2) Approval by board
ENTRY ONTO LAND
45(1) Entry onto adjoining land to survey etc.
(2) Entry onto adjoining land to erect snow fences
(3) Obstruction
(4) Action against railway company
(5) Action by railway company
SAFETY CERTIFICATE
46(1) Definition
(2) Duty of railway company to provide certificate
(3) Requirements re certificate
47(1) Safety certificate
(2) Prerequisites to issue of certificate
REGULATIONS
48(1) Regulations
(2) Incorporation by reference
(3) Scope of regulations
PART 6
ENFORCEMENT, EVIDENCE, OFFENCES AND PENALTIES
INSPECTIONS
49(1) Inspectors
(2) Certificate to be furnished
(3) Certificate to be produced
50(1) Powers of inspectors
(2) Warrant to enter
(3) Carrying out of warrant
(4) Assistance to inspectors
(5) Obstruction of inspectors
EVIDENCE
51 Certificate of chairman or vice-chairman
OFFENCES AND PENALTIES
52(1) Offences
(2) Officers and directors
(3) Penalty
(4) Limitation re subsection (1)
PART 7
CONSEQUENTIAL AMENDMENTS, CITATION AND COMING INTO FORCE
53
CITATION
54 C.C.S.M. reference
COMING INTO FORCE
55 Coming into force