C-14 - Railway Act

Section 202 Disposition versions

1989-05-17

202. (Repealed).

R. S. 1964, c. 290, s. 220; 1972, c. 55, s. 119; 1977, c. 5, s. 14; 1988, c. 57, s. 86.

1977-12-31

202. (1)  Whenever any level crossing on any railway is out of repair, the chief officer of the municipality or other local division having jurisdiction over the highway so crossed, may serve a notice upon the company in the usual manner, requiring the repairs to be forthwith made.

(2)  If the company do not forthwith make the same, such officer may forward a copy of the notice so served, to the secretary of the Commission des transports.

(3)  The Commission shall, thereupon, with all possible dispatch, appoint a day for an examination into the matter; and the Commission shall, by mail, give notice to such chief officer, and to the company, of the day so fixed.

(4)  Upon the day so named, such crossing shall be examined by an engineer appointed by the Commission des transports; and any certificate under his hand shall be final on the subject so in dispute between the parties.

(5)  If the said engineer decides that any repairs are required, he shall specify the nature thereof in his certificate, and direct the company to make them.

(6)  The company shall thereupon, with all possible despatch, comply with the requirements of such certificate.

(7)  In case of default, the proper authority in the municipality or other local division within whose jurisdiction the said crossing is situate, may make such repairs, and may recover all costs, expenses and outlay in the premises, by action against the company in any court of competent jurisdiction, as money paid to the company’s use.

(8)  Neither this section nor any proceeding had thereunder shall affect any liability otherwise attaching to such company in the premises.

R. S. 1964, c. 290, s. 220; 1972, c. 55, s. 119; 1977, c. 5, s. 14.