C-14 - Railway Act

Section 121 Disposition versions

1990-10-01

121. (1)  The right and authority of any electric railway company to lay out or construct its railway on, upon or along any public highway, road, street or lane, shall, in addition to any further terms and conditions the municipal council may impose, be subject to the following terms and conditions:

(a)  The rails of the company shall conform to the grade of the street;

(b)  In all cases where the rails are laid upon the paved or travelled portion of the street or in any part thereof, they shall be laid, as nearly as practicable, flush with the street; shall be so laid so as to cause the least possible impediment to the ordinary traffic of the street; and shall be so kept and maintained by the railway company;

(c)  The railway company shall also, unless otherwise determined by the municipal council, at its own expense, keep clear and in proper repair the streets, between the rails, and for 45 centimetres on each side of the rails; and, in default thereof, the council may cause the same to be done at the expense of the company;

(d)  All ordinary vehicles may make use of and travel on the said tracks, provided they do not interfere with or impede the running of the cars or other conveyances of the company, and in all cases any carriage or other vehicle on the track shall immediately, by leaving the track, give place to the cars or other conveyances of the company. Any person neglecting or refusing so to do shall be liable to a fine not exceeding $10;

(e)  (Paragraph repealed);

(f)  (Paragraph repealed).

(2)  The words “travelled portion”, when used in this section as applicable to roads, streets, lanes or highways, mean the central portion thereof between the ditches on either side, ordinarily used for vehicular traffic.

The power granted under this section shall not be exercised without the prior authorization of the Minister of Transport in each case.

R. S. 1964, c. 290, s. 138; 1972, c. 55, s. 108; 1977, c. 60, s. 51; 1988, c. 57, s. 86; 1990, c. 4, s. 144.

1989-05-17

121. (1)  The right and authority of any electric railway company to lay out or construct its railway on, upon or along any public highway, road, street or lane, shall, in addition to any further terms and conditions the municipal council may impose, be subject to the following terms and conditions:

(a)  The rails of the company shall conform to the grade of the street;

(b)  In all cases where the rails are laid upon the paved or travelled portion of the street or in any part thereof, they shall be laid, as nearly as practicable, flush with the street; shall be so laid so as to cause the least possible impediment to the ordinary traffic of the street; and shall be so kept and maintained by the railway company;

(c)  The railway company shall also, unless otherwise determined by the municipal council, at its own expense, keep clear and in proper repair the streets, between the rails, and for 45 centimetres on each side of the rails; and, in default thereof, the council may cause the same to be done at the expense of the company;

(d)  All ordinary vehicles may make use of and travel on the said tracks, provided they do not interfere with or impede the running of the cars or other conveyances of the company, and in all cases any carriage or other vehicle on the track shall immediately, by leaving the track, give place to the cars or other conveyances of the company. Any person neglecting or refusing so to do shall be liable, on summary proceeding before a justice of the peace, to a fine of not more than $10;

(e)  (Paragraph repealed);

(f)  (Paragraph repealed).

(2)  The words “travelled portion”, when used in this section as applicable to roads, streets, lanes or highways, mean the central portion thereof between the ditches on either side, ordinarily used for vehicular traffic.

The power granted under this section shall not be exercised without the prior authorization of the Minister of Transport in each case.

R. S. 1964, c. 290, s. 138; 1972, c. 55, s. 108; 1977, c. 60, s. 51; 1988, c. 57, s. 86.

1977-12-31

121. (1)  The right and authority of any electric railway company to lay out or construct its railway on, upon or along any public highway, road, street or lane, shall, in addition to any further terms and conditions the municipal council may impose, be subject to the following terms and conditions:

(a)  The rails of the company shall conform to the grade of the street;

(b)  In all cases where the rails are laid upon the paved or travelled portion of the street or in any part thereof, they shall be laid, as nearly as practicable, flush with the street; shall be so laid so as to cause the least possible impediment to the ordinary traffic of the street; and shall be so kept and maintained by the railway company;

(c)  The railway company shall also, unless otherwise determined by the municipal council, at its own expense, keep clear and in proper repair the streets, between the rails, and for forty-five centimetres on each side of the rails; and, in default thereof, the council may cause the same to be done at the expense of the company;

(d)  All ordinary vehicles may make use of and travel on the said tracks, provided they do not interfere with or impede the running of the cars or other conveyances of the company, and in all cases any carriage or other vehicle on the track shall immediately, by leaving the track, give place to the cars or other conveyances of the company. Any person neglecting or refusing so to do shall be liable, on summary proceeding before a justice of the peace, to a fine of not more than $10;

(e)  No car or train of cars shall be run on the travelled portion of any highway faster than fifteen kilometres per hour;

(f)  The cars, carriages and other vehicles, while in motion, shall be provided with the best known apparatus to effect good and sufficient means of immediate communication between the conductor and the motorman, and with good and sufficient means for promptly applying the brakes to the wheels, and for disconnecting such motors, cars, carriages and other vehicles from each other, and also with such apparatus as will most certainly ensure the safety and stability of the seats.

(2)  The words “travelled portion”, when used in this section as applicable to roads, streets, lanes or highways, mean the central portion thereof between the ditches on either side, ordinarily used for vehicular traffic.

The power granted under this section shall not be exercised without the prior authorization of the Minister of Transport in each case.

R. S. 1964, c. 290, s. 138; 1972, c. 55, s. 108; 1977, c. 60, s. 51.