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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 | |