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Volume 47, No. 10

B.C. Reg. 210/2004

The British Columbia Gazette,

Part II

May 18, 2004

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

Definition

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.

References in adopted provisions

(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.

Adopted provisions from the Railway Safety Act

(Canada)

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

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.

section 4 (5), the words "With the exception of a notice or document

sent to or by the Tribunal," are removed.

Section 5

Section 7 (2)

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.

Section 7 (2.1)

The words "subsection (1)" are removed and the words "subsection (2)"

are substituted.

Sections 7 (3) and 8 to 11

Sections 16 (1), (3), (4) and

(6) The word "Agency", wherever it appears, is removed and the word "minister"

is substituted.

section 16 (1), the words "or the Railway Relocation and Crossing

Act " are removed.

section 16 (4), the words "any grant made under

section 12 or 13 in

respect of that matter," are removed.

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.

Sections 19, 20 and 21

Section 22 (2) to (7)

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.

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.

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.

Section 22.1

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.

Section 23 (2)

The words "made under

section 18" are removed.

Section 23.1

Sections 24 (1.1) and

(2) 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.

Sections 25 (1), (1.1), (2) and

(3) 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.

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.

Sections 26 (1), (3) and

(4) The word "Agency", wherever it appears, is removed and the word "minister" substituted.

Sections 26.1, 26.2 and 27 (2) to

(4) 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.

Sections 29, 30, and 31 (1) to (8) and

(10) Section 32

section 32 (2), the words "in right of British Columbia" are added

after the words "Her Majesty".

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.

Section 33

section 33 (5), the words "made under subsection 18

(1) or (2.1)" are removed.

Section 34

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.

Section 38

Adopted regulations, rules and standards

(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)

Regulations

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)

Rules

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)

Standards

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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