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 |