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B.C. Reg. 210/2004, deposited May 12, 2004, pursuant to the RAILWAY SAFETY ACT [Sections 9 and 21 (2) (a)]. Ministerial Order M161/2004, dated May 12, 2004.
I, Murray Coell, Minister of Community, Aboriginal and Women's Services, make the attached Railway Safety Adopted Provisions Regulation.
— M. COELL, Minister of Community, Aboriginal and Women's Services.
RAILWAY SAFETY ADOPTED PROVISIONS REGULATION
1 In this regulation:
"the Act" means the Railway Safety Act;
"source" means an Act, regulation, standard, code, rule or procedure from which an adopted provision is taken;
"word" includes punctuation marks and numbers.
2 (1) A reference in an adopted provision to another provision of the source from which the adopted provision is taken is to be read as a reference to that provision of the source as adopted by this regulation.
(2) A reference in an adopted provision to a regulation is to be read as a reference to an adopted provision, unless the reference is changed under section 3 to be a reference to a regulation made under the Act.
3 For the purposes of section 9 of the Act, the provisions of the Railway Safety Act (Canada) referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.
| Item | Column 1 Provisions of the Railway Safety Act (Canada) |
Column 2 Changes |
|---|---|---|
| 1 | Section 4 | In the definition of "Minister", the words "Minister of Transport" are
removed and the words "minister charged with the administration of the
Railway Safety Act" are substituted. In the definition of "superior court", paragraphs (a) to (e) are removed and the words "the Supreme Court" are substituted. In section 4 (5), the words "With the exception of a notice or document sent to or by the Tribunal," are removed. |
| 2 | Section 5 | |
| 3 | Section 7 (2) | In section 7 (2) (a), the words "governing any matters referred to in subsection (1) that are specified in the order" are removed and the words "in respect of the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards" are substituted. |
| 4 | Section 7 (2.1) | The words "subsection (1)" are removed and the words "subsection (2)" are substituted. |
| 5 | Sections 7 (3) and 8 to 11 | |
| 6 | Sections 16 (1), (3), (4) and (6) | The word "Agency", wherever it appears, is removed and the word "minister"
is substituted. In section 16 (1), the words "or the Railway Relocation and Crossing Act" are removed. In section 16 (4), the words "any grant made under section 12 or 13 in respect of that matter," are removed. |
| 7 | Section 18 (3) | The words "If the Governor General in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are" are removed and the words "If an adopted provision is" are substituted. |
| 8 | Sections 19, 20 and 21 | |
| 11 | Section 22 (2) to (7) | In section 22 (2) (a), the words "made under subsection 18 (1)
or (2.1)" are removed and the words "in respect of matters referred
to in section 18 (1) or (2.1)" are substituted. In section 22 (2) (b), the words "made under subsection 18 (2)" are removed and the words "in respect of matters referred to in section 18 (2)" are substituted. In section 22 (4), the words "under subsection 18 (1), (2) or (2.1)" are removed and the words "in respect of matters referred to in section 18 (1), (2) or (2.1)" are substituted. |
| 12 | Section 22.1 | In section 22.1 (1), the words "of standards formulated under section 7, regulations made under subsection 18 (1) or (2) or 24 (1)" are removed and the words "of engineering standards governing the construction or alteration of railway works, adopted provisions in respect of matters referred to in section 18 (1) or (2) or 24 (1)" are substituted. |
| 13 | Section 23 (2) | The words "made under section 18" are removed. |
| 15 | Section 23.1 | |
| 16 | Sections 24 (1.1) and (2) | In section 24 (1.1), the words "made under subsection (1)" are removed and the words "in respect of matters referred to in subsection (1)" are substituted. |
| 17 | Sections 25 (1), (1.1), (2) and (3) | In section 25 (1) (c), the words "made under paragraph 24 (1) (e)"
are removed and the words "in respect of matters referred to in section 24 (1) (e)"
are substituted. In section 25 (1.1), the words "made under paragraph 24 (1) (e)" are removed and the words "in respect of matters referred to in section 24 (1) (e)" are substituted. |
| 18 | Sections 26 (1), (3) and (4) | The word "Agency", wherever it appears, is removed and the word "minister" substituted. |
| 19 | Sections 26.1, 26.2 and 27 (2) to (4) | |
| 20 | Section 28 | In subsection (1) (a) the words "in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector" are removed. |
| 21 | Sections 29, 30, and 31 (1) to (8) and (10) | |
| 22 | Section 32 | In section 32 (2), the words "in right of British Columbia" are added
after the words "Her Majesty". In section 32 (3), the words "made under section 24" are removed and the words "in respect of matters referred to in section 24" are substituted. |
| 23 | Section 33 | In section 33 (5), the words "made under subsection 18 (1) or (2.1)" are removed. |
| 24 | Section 34 | |
| 25 | Section 35 | In subsection (1) the words "made under paragraph 18 (1) (b)" and the words "made under subparagraph 18 (1) (c) (iii)" are removed. |
| 26 | Section 38 |
4 (1) For the purposes of section 9 of the Act, the regulations, rules and standards set out in the Schedule are adopted.
(2) A reference to any of the following in a provision adopted under subsection (1) is to be read as a reference to the minister:
(a) Agency;
(b) Canadian Transport Commission;
(c) Commission;
(d) Department;
(e) Director of Engineering of the Agency;
(f) Director of Engineering of the Commission;
(g) Director of Operation, Canadian Transport Commission, Ottawa;
(h) Director of the Regional Railway Safety Directorate;
(i) Minister of Transport;
(j) Railway Transport Committee;
(k) Secretary of the Agency;
(l) Secretary of the Commission;
(m) Secretary of the Railway Transport Committee;
(n) Transport Canada.
(3) A reference to a safety inspector in any provision adopted under subsection 1 is to be read as a reference to a railway safety inspector appointed under section 4 of the Act.
Schedule
Adopted Regulations, Standards, Codes
under the Railway Safety Act (Canada)
1 Ammonium Nitrate Storage Facilities Regulations
2 Anhydrous Ammonia Bulk Storage Regulations
3 Chlorine Tank Car Unloading Facilities Regulations
4 Flammable Liquids Bulk Storage Regulations
5 Handling of Carloads of Explosives on Railway Trackage Regulations
6 Heating and Power Boilers Regulations
7 Highway Crossings Protective Devices Regulations
8 Liquefied Petroleum Gases Bulk Storage Regulations
9 Locomotive Lights and Lamps Regulations
10 Mining Near Lines of Railways Regulations
11 Notice of Railway Works Regulations
12 Railway Employee Qualification Standards Regulations
13 Railway Grade Separations Regulations
14 Railway Highway Crossing at Grade Regulations
15 Railway Prevention of Electric Sparks Regulations
16 Railway Safety Appliance Standards Regulations
17 Railway Safety Management System Regulations
18 Service Equipment Cars Regulations
19 Specification 112 and 114 Tank Cars Regulations
20 Wire Crossings and Proximities Regulations
21 Railway Engine Bell and Whistle Regulations
22 Gateway Inspection Order (January 23, 1981)
23 Marshalling of Occupied Cabooses Order (June 26, 1987)
24 Rail Grinding Equipment Operations Order (January 9, 1985)
25 Switch Locks Installation Order CN (July, 1986)
26 Switch Locks Installation Order CP (July, 1986)
27 Switch Locks Installation Order CP (October, 1986)
1 Canadian Rail Operating Rules with Rules for the Protection of Track Units and Track Work
2 Railway Employee Radio Communication Rule (September, 1994)
3 Railway Freight Car Inspection & Safety Rules (Revised October, 1994)
4 Railway Freight & Passenger Train Brakes Rules (Revised October, 1994)
5 Railway Locomotive Inspection & Safety Rules (Revised September 24th, 2002)
6 Railway Medical Rules for Positions Critical to Safe Railway Operations (June, 2000)
7 Railway Passenger Car Inspection & Safety Rules (June, 2001)
8 Railway Passenger Handling Safety Rules (March, 2000)
9 Railway Rules Governing Safety Critical Positions (June, 2000)
10 Rules for the Control and Prevention of Fires on Railway Rights-of-Way (October 4th, 1995)
11 Rules for the Installation, Inspection & Testing of Air Reservoirs (Other than on Locomotives) (December, 1994)
12 Rules Respecting Track Safety (Revised December, 1997)
13 Work/Rest Rules for Rail Operating Employees (Effective April 01, 2003)
1 Standard Respecting Railway Clearance (May, 1992)
2 Railway Signal & Traffic Control Systems Standards (Revised August, 1996)
3 Standards Respecting Pipeline Crossings Under Railways (May, 1992)
4 Transport Canada Standard For LED Signal Modules at Highway/Railway Grade Crossings
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