Bridges Act (R.S.C., 1985, c. B-8)

Full Document:  

Act current to 2019-06-20

Bridges Act

R.S.C., 1985, c. B-8

An Act respecting bridges

Short Title

Marginal note:Short title

 This Act may be cited as the Bridges Act.

  • R.S., c. B-10, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

bridge

bridge means every bridge to which this Act applies; (pont)

company

company means any company incorporated under the authority or within the jurisdiction of Parliament, not being a railway company or otherwise subject to the control of the Minister; (compagnie)

Minister

Minister means the Minister of Public Works and Government Services. (ministre)

  • R.S., 1985, c. B-8, s. 2
  • 1996, c. 16, s. 60

Application

Marginal note:Application of Act

 This Act applies to every bridge and the approaches thereto, and the appliances or works appurtenant thereto, built or constructed by any company.

  • R.S., c. B-10, s. 3

General

Marginal note:Notice

 No bridge shall be opened for public use

  • (a) until one month after notice in writing of intention to open the bridge has been given to the Minister by the company to whom the bridge belongs; or

  • (b) until ten days after notice in writing has been given by the company to the Minister of the time when the bridge will, in the opinion of the company, be sufficiently completed for inspection and use with safety.

  • R.S., c. B-10, s. 4

Marginal note:Proceedings on receipt of notice

  •  (1) The Minister, on receiving a notice under section 4, shall direct an engineer attached to or employed by the Department of Public Works and Government Services to examine the bridge proposed to be opened and report to the Minister, in writing, his opinion as to the completeness and sufficiency of the bridge, with the grounds for that opinion.

  • Marginal note:Postponement if the bridge is reported unsafe

    (2) Where the engineer reports pursuant to subsection (1) that, in his opinion, the bridge would, by reason of incompleteness or insufficiency, be dangerous to the public using it, the Minister, with the approval of the Governor in Council, may order the company to whom the bridge belongs to postpone the opening for a period not exceeding one month.

  • Marginal note:Further inspection

    (3) The Minister may, with the approval of the Governor in Council, from time to time thereafter, on further inspection of the bridge by an engineer directed under subsection (1) after the ten days notice given under paragraph 4(b), and on a report from the engineer as to the incompleteness or insufficiency of the bridge, make a like order for postponement of the opening of the bridge until it appears to the Minister that the opening of the bridge may take place without danger to the public.

  • R.S., 1985, c. B-8, s. 5
  • 1996, c. 16, s. 61

Marginal note:Copy of report to accompany order

 No order made under section 5 is binding on any company unless a copy of the report of the engineer on which the order is founded is delivered to the company with the order.

  • R.S., c. B-10, s. 6

Marginal note:Inspection of unsafe bridge

 The Minister may direct any engineer attached to or employed by the Department of Public Works and Government Services to examine, inspect and report to the Minister on any bridge, whenever he receives information to the effect that the bridge, through want of repair, insufficiency or erroneous construction, or from any other cause, is dangerous to the public using the bridge, or whenever circumstances arise that, in the opinion of the Minister, render an examination or inspection expedient.

  • R.S., 1985, c. B-8, s. 7
  • 1996, c. 16, s. 61

Marginal note:Minister may condemn bridge

  •  (1) The Minister, on the report of the engineer under section 7, may

    • (a) condemn the bridge or any portion thereof, or any of the works or appliances connected therewith; and

    • (b) with the approval of the Governor in Council, require the substitution of a new bridge for that bridge, or a portion thereof to be renewed, or the use of any materials for any part of that bridge, or any change or alteration therein or any part thereof.

  • Marginal note:Changes or alterations

    (2) The company to which the bridge referred to in subsection (1) belongs, or the company using or controlling the bridge, in case the bridge is in use or controlled by another company, shall thereupon, on notice from the Minister of any defect or insufficiency in the bridge or any portion thereof so reported, or of any requirement of the Minister under subsection (1), proceed to make good or remedy the defect or insufficiency, and make the change, alteration, substitution or use of material specified as a requirement in the notice.

  • R.S., c. B-10, s. 8

Marginal note:Power of engineer

 Any engineer authorized to inspect any bridge may, at all reasonable times, on producing his authority, if required, enter on and examine the bridge.

  • R.S., c. B-10, s. 9

Marginal note:Company to furnish information

 Every company and the officers and directors thereof shall afford to an engineer directed by the Minister to inspect any bridge, in this Act referred to as an “inspecting engineer”, such information as is within their knowledge and power in all matters inquired into by him, and shall submit to the engineer all contracts, plans, specifications, drawings and documents relating to the construction, repair or state of repair of the bridge.

  • R.S., c. B-10, s. 10

Marginal note:Evidence of authority

 The production of instructions in writing signed by the Minister is sufficient evidence of the authority of an inspecting engineer.

  • R.S., c. B-10, s. 11

Marginal note:Use of bridge may be suspended

 When in his opinion a bridge is dangerous, the inspecting engineer may, by notice in writing, stating the reasons for his opinion, and distinctly specifying the defects or the nature of the danger to be apprehended, delivered to the president, managing director, secretary or superintendent of the company that owns, uses or controls the bridge, forbid, until alterations, substitutions or repairs are made therein,

  • (a) the running of any railway or tramway train or car over the bridge when the bridge is intended for, and, in his opinion, dangerous to the passage of any train or car;

  • (b) the passage of any vehicle over the bridge when the bridge is intended for, and, in his opinion, dangerous to the passage of any vehicle; or

  • (c) the passage of any passenger over the bridge when the bridge is intended for, and, in his opinion, dangerous to passengers.

  • R.S., c. B-10, s. 12

Marginal note:Report to Minister

 The inspecting engineer shall forthwith report the circumstances of the case described in section 12 to the Minister, who, with the approval of the Governor in Council, may either confirm, modify or disallow the act or order of the inspecting engineer, and notice of the confirmation, modification or disallowance shall be duly given to the company affected thereby.

  • R.S., c. B-10, s. 13

Marginal note:Inspection not to relieve company from liability

 No inspection made under this Act, nothing in this Act nor anything done or ordered or omitted to be done or ordered under or by virtue of this Act

  • (a) relieves or shall be construed to relieve any company of or from any liability or responsibility resting on it by law to Her Majesty or to any person for anything done or omitted to be done, or for any wrongful act, neglect or default, misfeasance, malfeasance or non-feasance; or

  • (b) in any way weakens or diminishes the liability or responsibility of any company, under the laws in force in the province in which the liability or responsibility arises.

  • R.S., 1985, c. B-8, s. 14
  • 2000, c. 12, s. 25

Marginal note:How orders notified

  •  (1) Every company shall be deemed to have received sufficient information of any order of the Minister, if a notice thereof, signed by the Minister, is delivered to the president, vice-president, managing director, secretary or superintendent of the company, or at the office of the company.

  • Marginal note:Idem

    (2) Every company shall be deemed to have received sufficient information of any order of an inspecting engineer, if a notice thereof, signed by the engineer, is delivered to the company as provided in subsection (1).

  • R.S., c. B-10, s. 15
 
Date modified: