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Volume 63, No. 18

237/2020

The British Columbia Gazette,

Part II

September 22, 2020

B.C. Reg. 237/2020 , deposited September 20, 2020, under the RAILWAY SAFETY ACT [section 21 (2)]. Ministerial Order M357/2020, dated September 20, 2020.

I, Claire Trevena, Minister of Transportation and Infrastructure, order that the

Railway Safety Adopted Provisions Regulation, B.C. Reg. 210/2004, is amended as set

out in the attached Schedule.

— C. TREVENA, Minister of Transportation and Infrastructure .

Schedule

Section 3 of the Railway Safety Adopted Provisions Regulation, B.C. Reg. 210/2004,

is amended

(

a) by repealing item 1 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

Section 4

The terms "company" and "local railway company" have the same meaning as "railway company".

In the definition of "Minister", the words "Minister of Transport" are removed and the words "minister charged with the administration of the Act" are substituted.

In the definition of "railway", the words "means a railway within the legislative authority of Parliament and" are removed.

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.

(

b) by adding the following item:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

1.1

Section 4.1

(

c) by repealing item 6 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

Section 16 (1), (3), (4), (4.1) 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 "of the Railway Safety Act (Canada)" are added after "under

section 12 or 13".

section 16 (4.1), the words "of the Railway Safety Act (Canada)" are added after "under

section 12".

(

d) by adding the following items:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

6.1

Section 17.2

The

section is removed and the following substituted:

17.2

No railway company shall operate or maintain a railway, including any railway work or railway equipment, otherwise than in accordance with a minister's certificate under

section 3 of the Railway Act , with an operating permit under

section 11 of the Act and with the regulations and the rules made under sections 19 and 20 of the Railway Safety Act (Canada) that apply to the company, except to the extent that the company is exempt from their application under

section 22 or 22.1 of the Railway Safety Act (Canada).

6.2

Sections 17.21 and 17.3

(

e) by repealing item 8 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

Section 19

section 19 (2), the words "each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment" are added after the words "a reasonable opportunity for consultation with it on the rules to" and paragraphs (

a) and (

b) are removed.

section 19 (8) (a), the words "to each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment and" are added after the words "a reasonable opportunity for consultation with the Minister on the rules to that company and" and subparagraphs (

i) and (ii) are removed.

(

f) by adding the following items:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

8.1

Section 20

section 20 (2), the words "to each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment" are added after the words "a reasonable opportunity during a period of sixty days for consultation with it concerning the rules," and paragraphs (

a) and (

b) are removed.

8.2

Section 20.1

8.3

Section 21

(

g) by repealing item 11 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

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. 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.

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. In

section 22 (5), the words "each relevant association or organization that is likely to be affected by the exemption and any railway company on whose railway the railway company operates its railway equipment" are added after the words "unless it has first given" and paragraphs (

a) and (

b) are removed.

(

h) by repealing item 12 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

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 22.1 (2), the words "each relevant association or organization that is likely to be affected by the exemption and any railway company on whose railway the railway company operates its railway equipment" are added after the words "shall be filed with the Minister and" and paragraphs (

a) and (

b) are removed.

(

i) by repealing item 13,

(

j) by repealing item 20 and substituting the following:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

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.

In subsection (2), the words "under this Act" are removed and the words "under the Act or under the Railway Safety Act (Canada)" are substituted.

, and

(

k) by adding the following items:

Item

Column 1 Provisions of the

Railway Safety Act (Canada)

Column 2

Changes

22.1

Section 32.01

25.1

Section 36

2 The following

section is added:

Adopted provisions from the Grade Crossings Regulations, SOR 2014-275

3.2 For the purposes of

section 9 of the Act, the provisions of the Grade Crossings Regulations,

SOR 2014-275, 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

Grade Crossings

Regulations (Canada)

Column 2

Changes

Sections 1 to 3

Section 4

Section 4 (3) is removed and the following substituted:

(3) In the case of an existing grade crossing, the information must be provided to a road authority and to the minister no later than January 1, 2022.

Sections 5 to 11

Section 12

Section 12 (3) is removed and the following substituted:

(3) In the case of an existing grade crossing, the information must be provided to a railway company and to the minister no later than January 1, 2022.

Sections 13 to 58

Section 59

The words "on the day that is seven years after the day on which these Regulations come into force" are removed and the words "January 1, 2028" are substituted.

Sections 60 to 74

Section 75

In subsection (1), the words "on the day that is seven years after the day on which these Regulations come into force" are removed and the words "January 1, 2028" are substituted.

Sections 76 to 112

Section 6 is repealed and the following substituted:

Adopted provisions from the Transportation Safety Board Regulations, SOR/2014-37

(1) For the purposes of

section 9 of the Act, the provisions of the Transportation Safety Board Regulations, SOR/2014-37, referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Board in a provision adopted under subsection (1) is to

be read as a reference to the minister.

Item

Column 1

Provisions of the

Transportation Safety

Board

Regulations (Canada)

Column 2

Changes

Section 1

Section 5

In the definition of "Rules" in

section 5 (6), the words "the Minister of Transport" are removed and the words "the minister" are substituted.

Sections 6 to 14

Section 22

4 The table in

section 7 is amended in Column 2 of item 8 by striking out "

Section 101 (4) is removed. "

5 The

Schedule is amended

(

a) in the list of regulations, by repealing items 7, 12 and 13, and

(

b) in the list of standards,

(

i) in item 2, by striking out " Railway Signal & Traffic Control Systems Standards (August 26, 1996, TC E-07.01) " and substituting " Railway Signal and Traffic Control Systems Standards (June 4, 2007, TC E-17) ", and

(ii) by adding the following item:

5 Grade Crossings Standards (January 1, 2019) .

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