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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 |