Heritage Railway Stations Protection Act (R.S.C., 1985, c. 52 (4th Supp.))

Act current to 2014-04-02 and last amended on 2005-02-24. Previous Versions

Marginal note:Designation of stations

 The Minister may, on the recommendation of the Board, designate

  • (a) railway stations as heritage railway stations for the purposes of this Act; and

  • (b) features of heritage railway stations as heritage features for the purposes of this Act.

  • R.S., 1985, c. 52 (4th Supp.), s. 4;
  • 1992, c. 1, s. 144(F).
Marginal note:Prohibition
  •  (1) Unless authorized by the Governor in Council, no railway company shall

    • (a) remove, destroy or alter or sell, assign, transfer or otherwise dispose of a heritage railway station owned by it or otherwise under its control; or

    • (b) alter any of the heritage features of a heritage railway station referred to in paragraph (a).

  • Marginal note:Offence and punishment

    (2) Any railway company that contravenes subsection (1) is guilty of an offence and liable to a fine of not less than fifty thousand dollars and not more than one million dollars.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of the alteration of a heritage railway station or of any of the station’s heritage features where the alteration is made in response to an emergency situation.

  • Marginal note:Idem

    (4) Subsection (1) does not apply in respect of the sale, assignment, transfer or other disposition of a heritage railway station to a railway company.

Marginal note:Application for authorization

 A railway company that plans

  • (a) to remove, destroy or alter or to sell, assign, transfer or otherwise dispose of a heritage railway station owned by it or otherwise under its control, or

  • (b) to alter any of the heritage features of a heritage railway station referred to in paragraph (a)

shall file an application for authorization to do so with the Minister in accordance with the regulations after having given public notice in the prescribed manner of its intention to file such an application.

Marginal note:Notice of objection
  •  (1) A person who objects to an application for authorization filed pursuant to section 6 may, within sixty days after the application is filed, serve on the Minister a notice of objection in the form established by the Minister setting out the reason for the objection and any relevant facts.

  • Marginal note:Hearing and report

    (2) Where a notice of objection is served in accordance with subsection (1), the Minister may, within sixty days after the notice is served, refer the matter to the Board.

  • Marginal note:Duties of the Board

    (3) Pursuant to a reference by the Minister under this section, the Board shall give all interested persons a reasonable opportunity to make representations to it and may hold a public meeting to determine whether the Minister should recommend that the Governor in Council grant the application for authorization filed pursuant to section 6.

  • Marginal note:Representations to the Board

    (4) Notice of any public meeting held under this section shall be published at least ten days prior to the date of the public meeting in at least one newspaper of general circulation in the municipality in which the heritage railway station is situated.

  • Marginal note:Quorum

    (5) For the purposes of a reference under this section, one member of the Board constitutes a quorum.

  • Marginal note:Report

    (6) After the conclusion of the Board’s consideration of an application and in any event within six months after the application is filed, the Board shall submit to the Minister a report setting out its findings of fact and its recommendations as well as any information or knowledge that entered into the formulation of its recommendations.

  • Marginal note:Recommendations to the Governor in Council

    (7) After the receipt of the report referred to in subsection (6), the Minister may recommend that the Governor in Council grant the application for authorization.

  • R.S., 1985, c. 52 (4th Supp.), s. 7;
  • 1992, c. 1, s. 144(F).