C-14 - Railway Act

Section 117 Disposition versions

1989-05-17

117. (Repealed).

R. S. 1964, c. 290, s. 134; 1977, c. 60, s. 49; 1988, c. 57, s. 86.

1977-12-31

117. (1)  Whenever an overhead bridge or any other erection or structure is constructed for the passage of a highway over a railway, or, whenever it shall become necessary to rebuild any highway bridge, or other erection or structure already built over a railway, or to make large repairs to the same, the lower beams or parts of the superstructure of any such bridge, or of any other structure, and the approaches thereto, shall be built at the cost of the railway company or of the municipality or other owner of the bridge, erection or structure, as the case may be, and shall at all times be maintained at a sufficient height, from the surface of the rails of the railway, to admit of an open and clear headway of not less than two metres between the top of the highest freight cars, then running on the railway, and the lower beams or parts of such bridge or other erection.

(2)  Any railway company, before using higher freight cars than those running on their railway at the time of the construction or reconstruction of, or major repairs to such bridge or other erection or structure, shall, after having first obtained the consent of the municipality or of the owners of such highway, bridge or other erection or structure, raise the said bridge, or other erection or structure, and the approaches thereto, if necessary, at the cost and charges of the railway, so as to admit a clear headway of not less than two metres between the top of the highest freight cars thereafter to be used on the railway, and the lower beams or parts of such bridge or other erection.

R. S. 1964, c. 290, s. 134; 1977, c. 60, s. 49.