C-14 - Railway Act

Section 122 Disposition versions

1989-05-17

122. (Repealed).

R. S. 1964, c. 290, s. 139; 1977, c. 5, s. 14; 1987, c. 23, s. 76; 1988, c. 57, s. 86.

1987-05-27

122. (1)  Within six months after any lands have been taken for the use of the railway, the company shall, if thereunto required by the owners of the adjoining lands, at its own costs and charges, erect and maintain, on each side of the railway, fences of the height and strength of an ordinary division fence, with swing gates in such fences, with proper hinges and with proper fastenings, and farm crossings on the road, for the use of the owners of the lands adjoining the railway; and also cattle-guards at all road crossings, suitable and sufficient to prevent cattle and other animals from getting on the railway.

(2)  Farm crossings shall be made and maintained by the company, on each lot, upon the application of the owner of the lot.

(3)  Until such fences and cattle-guards are duly made, the company shall be liable for all damage which may be done by their trains, motors, cars, carriages or engines to cattle, horses or other animals on the railway.

(4)  After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for any such damage, unless negligently or wilfully done.

(5)  If any person ride, lead or drive any horse or any other animal, or suffer any such horse or other animal to enter upon such railway, and within the fences and guards, other than the farm-crossings, without the consent of the company, he shall, for every such offence, be liable to a fine of not more than $40, and also to pay to the party aggrieved all damages sustained thereby.

(6)  No person, other than those connected with or employed by the railway, shall walk along the track thereof, except where the same is laid across a highway.

(7)  Each and every railway company, heretofore incorporated, or which may hereafter be incorporated, as well as the Gouvernement du Québec, with respect to all railways constructed by or being the property or under the control of Québec, shall have the right, on and after the 1st of November in each year, to enter into and upon any lands in the public domain, or into and upon the lands of any corporation or person, lying along the route or line of any railway, and to erect and maintain snow-fences thereon, subject to the payment of such damages, if any, as may be thereafter established, in the manner provided by law with respect to such railway, to have been actually suffered.

All snow-fences so erected shall be removed on or before the first day of April then next following.

R. S. 1964, c. 290, s. 139; 1977, c. 5, s. 14; 1987, c. 23, s. 76.

1977-12-31

122. (1)  Within six months after any lands have been taken for the use of the railway, the company shall, if thereunto required by the owners of the adjoining lands, at its own costs and charges, erect and maintain, on each side of the railway, fences of the height and strength of an ordinary division fence, with swing gates in such fences, with proper hinges and with proper fastenings, and farm crossings on the road, for the use of the owners of the lands adjoining the railway; and also cattle-guards at all road crossings, suitable and sufficient to prevent cattle and other animals from getting on the railway.

(2)  Farm crossings shall be made and maintained by the company, on each lot, upon the application of the owner of the lot.

(3)  Until such fences and cattle-guards are duly made, the company shall be liable for all damage which may be done by their trains, motors, cars, carriages or engines to cattle, horses or other animals on the railway.

(4)  After the fences or guards have been duly made, and while they are duly maintained, no such liability shall accrue for any such damage, unless negligently or wilfully done.

(5)  If any person ride, lead or drive any horse or any other animal, or suffer any such horse or other animal to enter upon such railway, and within the fences and guards, other than the farm-crossings, without the consent of the company, he shall, for every such offence, be liable to a fine of not more than $40, and also to pay to the party aggrieved all damages sustained thereby.

(6)  No person, other than those connected with or employed by the railway, shall walk along the track thereof, except where the same is laid across a highway.

(7)  Each and every railway company, heretofore incorporated, or which may hereafter be incorporated, as well as the Gouvernement du Québec, with respect to all railways constructed by or being the property or under the control of Québec, shall have the right, on and after the 1st of November in each year, to enter into and upon any lands of the Crown, or into and upon the lands of any corporation or person, lying along the route or line of any railway, and to erect and maintain snow-fences thereon, subject to the payment of such damages, if any, as may be thereafter established, in the manner provided by law with respect to such railway, to have been actually suffered.

All snow-fences so erected shall be removed on or before the first day of April then next following.

R. S. 1964, c. 290, s. 139; 1977, c. 5, s. 14.