S.M. 1993, c. 32
The Provincial Railways and Consequential Amendments 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 National Transportation Act, 1987 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 |
(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 |
DISCONTINUANCE | |
33 | Approval of discontinuance required |
34(1) | Issue of approval of discontinuance |
(2) | Effective date of discontinuance |
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 | |
CONSEQUENTIAL AMENDMENTS | |
53(1) | Consequential amendments, C.C.S.M. c. P280 |
(2) | |
(3) | |
(5.1) | Act not to apply to railway under Provincial Railways Act |
CITATION | |
54 | C.C.S.M. reference |
COMING INTO FORCE | |
55 | Coming into force |