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Disclaimer: These documents are not the official versions (more).
RAILWAY SAFETY ACTMining Near Lines of Railways Regulations
REGULATIONS RESPECTING MINING BELOW OR ON LAND ADJOINING THE LAND ON WHICH A LINE OF RAILWAY IS SITUATED Short Title1. These Regulations may be cited as the Mining Near Lines of Railways Regulations. Interpretation2. In these Regulations, "non-railway works" means a mine or an oil or gas well. (installation non ferroviaire) Application3. 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. Prohibition4. 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. Notice5. (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. Threats to Safe Railway Operations8. 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. Established bySOR/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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