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Mining Near Lines of Railways Regulations
RAILWAY SAFETY ACT
Mining Near Lines of Railways Regulations
REGULATIONS RESPECTING MINING BELOW OR ON LAND
ADJOINING THE LAND ON WHICH A LINE OF RAILWAY IS SITUATED
1. These Regulations may be cited as the Mining Near Lines of Railways
Regulations.
2. In these Regulations, "non-railway works" means a mine or
an oil or gas well. (installation non ferroviaire)
3. These Regulations apply in respect of any owner, operator or lessee
of a non-railway works that constructs, alters or operates, after the coming into force of
these Regulations, any non-railway works within the space enclosed by a vertical plane
located 50 m to each side of a line of railway, measured horizontally at right angles to
the nearest rail.
4. No owner, operator or lessee of a non-railway works shall construct,
alter or operate a non-railway works in a manner that constitutes a threat to safe railway
operations.
5. (1) No owner, operator or lessee of a non-railway works shall
construct, alter or operate the non-railway works, unless the owner, operator or lessee
has given at least 60 days notice, in writing, to the railway company that owns the line
of railway at the location of the works.
(2) At the same time as a notice referred to in subsection (1) is
given, the owner, operator or lessee shall send a copy of the notice to the Director of
the regional Railway Safety Directorate office having jurisdiction over the railway at the
location of the works.
6. A notice referred to in section 5 shall be accompanied by
(a) a plan and profile of the proposed or existing non-railway works
and of the portion of the line of railway adjacent to those works;
(b) a description of the method of construction, alteration or
operation;
(c) an assessment of any threat to safe railway operations;
(d) the measures taken, or proposed to be taken, to ensure safe railway
operations; and
(e) any other information that the railway company may require to
determine if there is a threat to safe railway operations.
8. Where a railway company believes that the construction, alteration
or operation of a non-railway works may constitute a threat to safe railway operations,
and the railway company and the owner, operator or lessee of the non-railway works are
unable to resolve the issue, the railway company shall advise the Minister in writing of
the potential threat.
SOR/91-104 17 January, 1991 pursuant to paragraph 24(1)(b) of the
Railway Safety Act
amended by
SOR/94-692 7 November, 1994 pursuant to paragraph 24(1)(b) of the
Railway Safety Act
Section 7 is revoked; and section 8.
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