C.C.S.M. c. R15
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INTERPRETATION AND APPLICATION
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1
| (1)
| Definitions
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| (2)
| Reference to "Act" includes regulations
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2
| (1)
| Application
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| (2)
| Exception
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PART 1
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GENERAL PROVISIONS AND APPEALS
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3 to 5
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| Repealed
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6
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7 to 14
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| Repealed
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GENERAL PROVISIONS
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14.1
| (1)
| Superintendent of Railways
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| (2)
| Superintendent may delegate
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14.2
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| Exercise of federal powers
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15
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| Provincial transportation policy
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16
| (1)
| Terms and conditions of licences and approvals
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| (2)
| Transfer of licence or approval
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17
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| Refusal of licence or approval
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18
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| Suspension or revocation of licence or approval
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19 to 22
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| Repealed
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23
| (1)
| Compliance and remedial order
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| (2)
| Superintendent's powers on default
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| (3)
| Right of entry
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| (4)
| Recovery of costs
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24
| (1)
| Liability of directors and officers of corporation
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| (2)
| Right of contribution
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25
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| Repealed
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26
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| Filing of decision or order
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26.1
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| Action for breach of section 36 or 42
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26.2
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| Transitional — licences, approvals and orders issued by Motor Transport Board
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APPEALS
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27
| (1)
| Appeal to minister
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| (2)
| Disposition of appeal by minister
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28
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| Appeal does not act as stay of decision or order
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PART 2
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OPERATION OF RAILWAYS, CONSTRUCTION AND ALTERATION OF RAILWAY LINES AND DISCONTINUANCE OF CARRIAGE OF PASSENGERS OR GOODS
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LICENCE TO OPERATE
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29
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| Licence to operate required
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30
| (1)
| Issue of licence
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| (2)
| Authority and requirements re traffic
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| (2.1)
| Application to amend licence
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| (3)
| Railway not operated by owner
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APPROVAL OF CONSTRUCTION OR ALTERATION OF RAILWAY LINES
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31
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| Approval to construct or alter railway line required
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32
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| Issue of approval to construct railway line
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DISCONTINUING THE OPERATION OF A RAILWAY LINE
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33
| (1)
| Definition of "discontinue the operation of a railway line"
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| (2)
| Approval required for discontinuance of operation
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| (3)
| Application and basis for approval to discontinue
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| (4)
| Discontinuance and disposition of railway line
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34
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| Sale, etc. void without approval to discontinue
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34.1
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| Definitions
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34.2
| (1)
| Compliance with steps for discontinuance
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| (2)
| Publication of notice of application
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| (3)
| Form of notice to be acceptable to the superintendent
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| (4)
| 60-day waiting period
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| (5)
| Advertisement of availability of railway line for continued operation
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| (6)
| Content of advertisement
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| (7)
| Disclosure of process
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| (8)
| Negotiation in good faith
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| (9)
| Period for reaching agreement
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| (10)
| Superintendent may extend period for reaching agreement
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| (11)
| Decision to continue operation of railway line
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34.3
| (1)
| Offer to governments
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| (2)
| Which governments receive offer
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| (3)
| Time limit for acceptance by Manitoba
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| (4)
| Time limit for acceptance by a municipality
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| (5)
| Deposit
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| (6)
| Deposit to be held in trust
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| (7)
| Acceptance not binding without deposit
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| (8)
| Communication and notice of acceptance
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| (9)
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| (10)
| Appraisal
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| (11)
| Binding determination
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| (12)
| Costs
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| (13)
| No agreement
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| (14)
| Canadian Transportation Agency as arbitrator
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| (14.1)
| Arbitrator other than Canadian Transportation Agency
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| (15)
| Application of certain provisions of section 40
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PART 3
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OBLIGATIONS RESPECTING TRAFFIC, CONDITIONS OF CARRIAGE, CONTRACTS AND RATES
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RIGHTS
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35
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| Rights of railway companies
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OBLIGATIONS RESPECTING TRAFFIC
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36
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| Obligations re traffic
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CONDITIONS OF CARRIAGE, RATES AND CONFIDENTIAL CONTRACTS
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37
| (1)
| Contracts limiting liability to passengers
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| (2)
| Contracts limiting liability re goods
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| (3)
| Limits to liability where no agreement
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38
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| Repealed
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39
| (1)
| Confidential contracts
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| (2)
| Prohibition on disclosure
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40
| (1)
| Request for referral for arbitration
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| (2)
| Arbitration precluded in certain cases
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| (3)
| Selection of arbitrator
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| (4)
| Arbitrator to observe rules
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| (5)
| Decision of arbitrator
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| (6)
| Application of decision
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| (7)
| Payment by party
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| (8)
| Arbitrator's fee
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| (9)
| Transitional
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JOINT RATES
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41
| (1)
| Joint rates
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| (2)
| Process where no agreement
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PART 4
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RELATIONS BETWEEN RAILWAYS
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TRAFFIC OF OTHER RAILWAYS
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42
| (1)
| Obligation re connecting railways
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| (2)
| Interpretation of "reasonable" facilities, traffic and accommodation
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CONNECTIONS
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43
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| Connections
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PART 5
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EXPROPRIATION, ENTRY ONTO LAND, SAFETY CERTIFICATE AND REGULATIONS
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EXPROPRIATION
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44
| (1)
| Approval of expropriation required
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| (2)
| Approval by superintendent
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ENTRY ONTO LAND
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45
| (1)
| Entry onto adjoining land to survey etc.
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| (2)
| Entry onto adjoining land to erect snow fences
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| (3)
| Obstruction
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| (4)
| Action against railway company
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| (5)
| Action by railway company
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SAFETY CERTIFICATE
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46
| (1)
| Definition
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| (2)
| Duty of railway company to provide certificate
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| (3)
| Requirements re certificate
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47
| (1)
| Safety certificate
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| (2)
| Prerequisites to issue of certificate
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REGULATIONS
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48
| (1)
| Regulations
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| (2)
| Incorporation by reference
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| (3)
| Scope of regulations
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PART 6
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ENFORCEMENT, EVIDENCE, OFFENCES AND PENALTIES
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INSPECTIONS
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49
| (1)
| Inspectors
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| (2)
| Certificate to be furnished
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| (3)
| Certificate to be produced
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50
| (1)
| Powers of inspectors
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| (2)
| Warrant to enter
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| (3)
| Carrying out of warrant
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| (4)
| Assistance to inspectors
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| (5)
| Obstruction of inspectors
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51
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| Repealed
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OFFENCES AND PENALTIES
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52
| (1)
| Offences
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| (2)
| Officers and directors
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| (3)
| Penalty
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| (4)
| Limitation re subsection (1)
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PART 7
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CONSEQUENTIAL AMENDMENTS, CITATION AND COMING INTO FORCE
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53
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CITATION
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54
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| C.C.S.M. reference
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COMING INTO FORCE
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55
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| Coming into force
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