Mining Near Lines of Railways Regulations (SOR/91-104)

Regulations are current to 2017-12-11

Mining Near Lines of Railways Regulations

SOR/91-104

RAILWAY SAFETY ACT

Registration 1991-01-17

Regulations Respecting Below or on Land Adjoining the Land on which a Line of Railway is Situated

P.C. 1991-38 1991-01-17

Whereas, pursuant to section 50 of the Railway Safety ActFootnote *, a copy of the proposed Regulations respecting mining below or on land adjoining the land on which a line of railway is situated, substantially in the form set out hereto, was published in the Canada Gazette Part I on December 24, 1988 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of transport with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 24(1)(b) of the Railway Safety ActFootnote *, is pleased hereby to make the annexed Regulations respecting mining below or on land adjoining the land on which a line of railway is situated.

Short Title

 These Regulations may be cited as the Mining Near Lines of Railways Regulations.

Interpretation

 In these Regulations, non-railway works means a mine or an oil or gas well. (installation non ferroviaire)

Application

 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 from each side of a line of railway and measured horizontally at right angles to the nearest rail.

Prohibition

 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.

Notice

  •  (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.

 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.

Inspection

 [Repealed, SOR/94-692, s. 5]

Threats to Safe Railway Operations

 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/94-692, s. 5.
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