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[Current to B.C. Regulations Bulletin
RAILWAY ACT — Continued
[RSBC 1996] CHAPTER 395
142 (1) A railway may be carried on, along or across an existing highway if permission has first been obtained from the minister.
(2) The minister must not grant permission to a company to carry a railway along a highway which is in the limits of a municipality until the company has first obtained the consent of the municipality by a bylaw of the municipality.
(3) Before obstructing a highway by its works, a company must turn the highway so as to leave an open and good passage and, on completion of the works, restore the highway to as good a condition as nearly as possible as it originally had.
143 (1) If the railway crosses a highway or access road at rail level, the top of the rail must be within the prescribed distance, or within the distance specified in the code, that is above or below the level of the road surface.
(2) When rails are installed or removed from a crossing, the company must restore the surface of the highway or access road to the same or a better condition as the surface of the adjacent highway or access road.
144 (1) On an application for permission to construct a railway on, along or across a highway, or to construct a highway along or across a railway, an applicant must submit to the minister a plan and profile showing the portion of the railway and highway affected.
(2) The minister may
(a) grant all or part of the application on the terms and conditions as to protection, safety and convenience of the public as the minister considers expedient, or
(b) order that
(i) the railway be carried over, under or along the highway,
(ii) the highway be carried over, under or along the railway,
(iii) the railway or highway be temporarily or permanently diverted, or
(iv) other work be executed, and that guards or other persons employed or measures taken.
(3) For the purposes of subsection (2), the minister must make the decision that under the circumstances appears to the minister best adapted to remove or diminish the danger or obstruction, in the opinion of the minister, arising or likely to arise in respect of the granting of all or part of the application in connection with the crossing applied for, or arising or likely to arise in respect of the proposed crossing in connection with any existing crossing.
(4) If the application is for the construction of the railway on, along or across a highway, all the provisions of law that apply to the taking of land by the company, to its valuation and sale and conveyance to the company and to the compensation for it, apply to the land, exclusive of the highway crossing, required for the proper carrying out of any authorization granted by the minister.
(5) The minister may exercise supervision in the construction of any work under this section, or may give directions respecting the supervision.
(6) If the minister orders the railway to be carried over or under the highway, or the highway to be carried over or under the railway, or any diversion temporarily or permanently of the railway or the highway or any works to be executed under this section, the minister may direct that detailed plans, profiles, drawings and specifications be submitted to the minister.
(7) The code may specify or the minister may make regulations respecting the plans, profiles, drawings and specifications required to be submitted under this section.
145 (1) If a railway is already constructed on, along or across a highway, the minister may, on the minister's own motion, or on complaint or application by or on behalf of the Crown, or any municipal or other corporation, or any person aggrieved, do one or more of the following:
(a) order the company to submit to the minister, within a specified time, a plan and profile of the portion of the railway;
(b) cause inspection of the portion;
(c) inquire into and determine all matters and things in respect of the portion, and the crossing, if any;
(d) by certificate, make the order as to the protection, safety and convenience of the public the minister considers expedient;
(e) order that
(i) the railway be carried over, under or along the highway,
(ii) the highway be carried over, under or along the railway,
(iii) the railway or highway be temporarily or permanently diverted, or
(iv) that other work be executed, guards or other persons employed, or measures taken.
(2) For the purposes of subsection (1), the minister must make the decision that under the circumstances appears to the minister best adapted to remove or diminish the danger or obstruction, in the opinion of the minister, arising or likely to arise in respect of the portion or crossing, if any, or any other crossing, directly or indirectly, affected.
(3) If the minister, on the minister's own motion or on complaint or application, makes an order that a railway be carried across or along a highway, or that a railway be diverted, all the provisions of law that apply to the taking of land by the company, to its valuation and sale and conveyance to the company, and to the compensation for it, apply to the land, exclusive of the highway crossing, required for the proper carrying out of any order made by the minister.
(4) Despite anything in this Act or in any other Act, the minister may, in and by a certificate or in and by any further certificate, order what portion, if any, of cost is to be borne respectively by the company, municipal or other corporation or person in respect of any order made by the minister under this section or section 144.
(5) An order under subsection (4) is binding on and enforceable against the company, municipal or other corporation or person named in the order and certificate or further certificate.
146 (1) In the construction of a railway a company, at its own cost and expense, must provide all protection, safety and convenience for the public in respect of any crossing of a highway by the railway.
(2) The minister may, by certificate, approve an agreement between the company and a municipal or other corporation or person that relieves the company from all or part of the requirements of subsection (1).
147 (1) In order to enable persons passing on foot along a highway to cross the railway, the minister may order a company to erect a foot bridge over its railway at or near or in place of a highway crossing at rail level.
(2) The highway at an overhead railway crossing must not at any time be narrowed by means of any abutment or structure to an extent less than 20 feet.
(3) The clear headway from the surface of the highway to the centre of an overhead structure must not be less than 14 feet, unless otherwise directed or permitted by the minister.
148 A structure by which a railway is carried over or under a highway or by which a highway is carried over or under a railway must
(a) be constructed, and at all times be maintained, so as to provide safe and adequate facilities for all traffic passing over, under or through the structure, and
(b) be altered, repaired, enlarged or strengthened under the provisions of any order made by the minister.
149 (1) A company must erect and maintain signboards at every highway crossed at rail level by a railway.
(2) For the purpose of diminishing any danger where a railway crosses a highway, the minister may make any of the following orders:
(a) that trees, buildings, earth or other obstructions to the view, which may be on the railway or the highway, or trees on any adjoining lands, must be removed;
(b) that nothing that obstructs the view must be placed at the crossing, or nearer to it than the minister designates.
(3) For the purposes of subsection (2), the minister may
(a) authorize or direct the expropriation of any land, the acquisition of any easement and the doing of anything considered necessary, and
(b) set and order payment of compensation the minister considers just.
(4) If, before setting compensation under subsection (3) (b), an interested party so requests, the minister must order that the compensation be determined by arbitration under Part 7.
Part 16 — Telegraph, Telephone and Other Lines and Wires
150 and 151 [Repealed 2003-45-19.]
152 (1) Lines or wires for telegraphs, telephones or the conveyance of current to provide light, heat, power or electricity must not be erected, placed or maintained across the railway without permission from the minister.
(2) On any application for permission, the applicant must submit to the minister a plan and profile of the part of the railway proposed to be affected, showing the proposed location of the lines and wires and the works contemplated in connection with them.
(3) The minister may grant the application, and may order by whom, how, when and on what terms and conditions and under what supervision the work must be executed.
(4) On the order being made, the lines and wires may be erected, placed and maintained across the railway subject to and in accordance with the order.
(5) An order of the minister is not required if wires or other conductors for the transmission of electrical energy are to be erected or maintained over or under a railway, or over or under wires or other conductors for the transmission of electrical energy with the consent of the railway company or the company owning or controlling the last mentioned wires or conductors, in accordance with any general regulations or the code or with any plans or specifications adopted or approved by the minister for those purposes.
Part 17 — Drainage and Pipe Crossings
153 (1) In constructing a railway, a company must make and maintain suitable ditches and drains along each side of and across and under the railway to connect with ditches, drains, drainage works and watercourses on the land through which the railway runs, so as to provide sufficient outlet to drain and carry off the water, and so that the then natural, artificial or existing drainage of that land is not obstructed or impeded by the railway.
(2) If
(a) any land is injuriously affected because of the drainage on, along, across or under the railway being insufficient to drain and carry off the water from the land, or
(b) a municipality or land owner or occupant of land wants to obtain means of drainage, or the right to lay water pipes or other pipes, whether for drainage purposes or for purposes of transportation of gas or oil or any other substance or material, temporarily or permanently, through, along, on, across or under the railway or any works or land of the company,
the minister may, on the application or complaint of the municipality or land owner or occupant of land, by certificate, order the company to construct the drainage or lay the pipes.
(3) For the purposes of subsection (2), the minister may
(a) require the applicant to submit to the minister a plan and profile of the portion of the railway to be affected, or
(b) direct an inspecting engineer, or other person the minister considers advisable to appoint, to inspect the locality in question, and, if expedient, there hold an inquiry as to the necessity or requirements for the drainage or pipes, and to make a full report to the minister.
(4) The minister may, on the report, or in the minister's discretion, order how, where, when, by whom and on what terms and conditions the drainage may be effected, or pipes laid, constructed and maintained, having due regard to all proper interests.
(5) An order under subsection (2) is not required if
(a) the drainage is constructed or the pipes are laid in accordance with any general regulation or the code or with any plans or specifications adopted as approved by the minister for those purposes, and
(b) the company consents to the construction of drainage or the laying of pipes.
Part 18 — Farm and Access Crossings
154 (1) A company must make crossings for persons across whose land the railway is carried, convenient and proper for the crossing of the railway for farm purposes.
(2) Livestock, when using the crossings, must be in the charge of some competent person, who must take all reasonable care and precaution to avoid accidents.
155 The persons for whose use farm crossings are furnished must keep the gates at each side of the railway closed when not in use.
156 (1) The minister may, on the application of a land owner or occupant of land, order the company to provide and construct a suitable access crossing across the railway if the minister considers it necessary for the proper enjoyment of the land on either side of the railway and safe in the public interest.
(2) The minister may order and direct how, when, where, by whom and on what terms and conditions the access crossing must be constructed and maintained.
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Copyright (c) 2003: Queen’s Printer, Victoria, British Columbia, Canada