S-3.3 - Act to ensure safety in guided land transport

À jour au 1^er mai 2000

Ce document a valeur officielle.

chapter S-3.3

Act to ensure safety in guided land transport

CHAPTER I INTERPRETATION AND SCOPE

1. For the purposes of this Act

(1)  the expression “guided land transport works” includes, in particular, level crossings, railway tracks, including subway or monorail tracks, and any other guideway as well as the infrastructures, structures and permanent structures;

(2)  the expression “level crossing” means the intersection of a railway with a public highway or with a private road open to general vehicular traffic within the meaning of the Highway Safety Code (chapter C-24.2);

(3)  the expression “guided land transport” includes transport systems propelled by electric, hydraulic, mechanical, electromechanical or other power and mechanical, electrodynamic, electromagnetic or air-cushion levitated transport, linked or not to a network, and operated on rails or other guideways.

1988, c. 57, s. 1.

2. For the purposes of this Act, foundation, erection, alteration or demolition work shall be considered to be construction work.

1988, c. 57, s. 2; 1999, c. 40, s. 266.

3. This Act is binding on the Government, its departments and bodies which are mandataries of the State.

1988, c. 57, s. 3; 1999, c. 40, s. 266.

CHAPTER II GUIDED LAND TRANSPORT WORKS

DIVISION II SIGNALLING AND LEVEL CROSSING

19. The Minister may, for the purposes of regulating the traffic of vehicles on a guideway or the traffic of road vehicles on each side of a level crossing or junction, direct the owner of the guideway to install such signalling system as he may prescribe within the time he determines, along the guideway or inside guided land transport vehicles.

The Minister may also require that gates be erected, within the time he determines, on each side of a level crossing equipped with a signalling system.

1988, c. 57, s. 19.

20. The owner of a guideway must, within the time prescribed by the Minister, erect such signalling and gate systems as are prescribed by the Minister.

1988, c. 57, s. 20.

21. Where the signalling system at a level crossing is defective, the operator of the guided land transport system must station a signalman at the level crossing to signal the passage of the guided land transport vehicle until the level crossing is completely occupied.

1988, c. 57, s. 21; 1997, c. 78, s. 3.

22. On his own initiative or at the request of a municipality or the owner of a private road open to general vehicular traffic, the Minister may require the owner of a guideway to carry out, at a level crossing, such construction work as he may determine or require him to relocate a level crossing or to erect a grade separation.

The owner of the guideway shall carry out any work required under the first paragraph within the time prescribed by the Minister.

1988, c. 57, s. 22.

DIVISION III PROTECTION OF THE GUIDEWAY

24. No person may, except with the express authorization of the owner of a guideway, undertake construction or maintenance work, in respect of any works, within the right-of-way of, above or below the guideway; the determination of the location of a trail or path intended for public use is, in particular, subject to such authorization.

The owner of the guideway must inform all operators of any work so authorized.

1988, c. 57, s. 24; 1997, c. 78, s. 5.

25. Within six months of receiving a written request by the owner of adjoining land, the owner of a guideway must

(1)  erect fences on each side of the guideway;

(2)  equip such fences with gates;

(3)  construct farm crossings on the lands across which the guideway runs.

He shall carry out such work and maintain such fences and gates at his own expense.

1988, c. 57, s. 25.

26. The owner of a guideway or any person designated by him may, at any reasonable time, enter upon any land adjoining the guideway to erect or maintain snow fences for safety purposes. He may also, at any reasonable time, enter thereupon to prune, for safety purposes, any trees which may hinder the operation of the guideway. He must identify himself upon request.

He shall remove the snow fences not later than 1 April of every year.

1988, c. 57, s. 26.

DIVISION IV LIABILITIES AND RESPONSIBILITIES

28. Every owner of a guideway shall be liable for any damage caused by the pruning of trees or by the installation or removal of fences erected on lands adjoining the guideway for the purpose of preventing the accumulation of snow.

1988, c. 57, s. 28.

30. Every person in charge of the maintenance of a public highway, trail or path that intersects a guideway and every owner of a private road open to general vehicular traffic shall be responsible for maintaining and removing the snow from the crossing surface of a level crossing, including removing any accumulated snow blocking the guideway.

1988, c. 57, s. 30; 1997, c. 78, s. 8.

31. Unless otherwise provided for by agreement, the building and maintenance costs for work carried out at a level crossing built after 17 May 1989 shall be borne by the owner of the guideway where such guideway was built after the public highway or by the person in charge of the maintenance of the public highway where such highway was built after the guideway.

However, the costs arising from relocating a public highway or widening it beyond the width of its right-of-way at the time of the construction of the guideway shall be borne by the person in charge of the maintenance of the public highway.

The building and maintenance costs for work carried out on the crossing surface of the intersection of a trail or path with a guideway, and for the signalling system at the intersection shall be borne by the person in charge of the maintenance of the trail or path.

1988, c. 57, s. 31; 1997, c. 78, s. 9.

32. Unless otherwise provided by agreement, the costs of building any grade separation that carries the guideway above the public highway and the costs of maintaining the infrastructure and structure of such grade separation shall be borne by the owner of the guideway. The building and maintenance costs for any grade separation carrying the public highway above the guideway shall be borne by the person in charge of the maintenance of the public highway.

1988, c. 57, s. 32.

33. Where the Minister orders that a level crossing be improved or relocated or that a grade separation be erected, the owner of the guideway shall assume 5% of the building costs incurred for the erection of the works up to a maximum amount prescribed by regulation. All other building costs incurred for the erection of the works shall be borne by the person in charge of the maintenance of the public highway.

1988, c. 57, s. 33.

34. The costs of installing the signalling system prescribed by the Minister at a level crossing shall be borne by the person in charge of the maintenance of the public highway or by the owner of the private road open to general vehicular traffic. The maintenance costs for a signalling system at a level crossing shall be borne by the owner of the guideway.

1988, c. 57, s. 34.

35. The Minister may, on the conditions he determines, grant a subsidy to a municipality for up to 80% of the cost of any work for which it is required to pay under this Act.

1988, c. 57, s. 35.

CHAPTER III OPERATION OF A GUIDED LAND TRANSPORT SYSTEM

DIVISION II TRAFFIC RULES

§ 1 . — Prohibitions

37. No person is permitted on a guideway or its right-of-way at places other than a level crossing or a signposted intersection of a trail or path with the guideway, unless the express authorization of the operator of the guideway is obtained.

1988, c. 57, s. 37; 1997, c. 78, s. 10.

38. No person may operate a vehicle on a guideway or its right-of-way at places other than a level crossing or a signposted intersection of a trail or path with the guideway, unless the express authorization of the operator of the guideway is obtained.

1988, c. 57, s. 38; 1997, c. 78, s. 11.

39. No person may impede or interrupt, by any means, the use of guided land transport works or of a vehicle or equipment used in a guided land transport system.

1988, c. 57, s. 39.

40. No person may proceed with a guided land transport vehicle over a mobile bridge or at a level crossing with another guideway before receiving authorization to proceed from a signalman or a signalling system.

1988, c. 57, s. 40.

41. (Repealed).

1988, c. 57, s. 41; 1997, c. 78, s. 12.

§ 2 . — Public safety

42. Before proceeding at a level crossing, the conductor of a guided land transport vehicle must sound a whistle or horn at a distance of at least 460 metres from the level crossing and continue sounding it until the first car enters the crossing.

However, where the level crossing is equipped with a signalling system, the Minister may, at the request of a municipality, exempt vehicle operators from that obligation.

The first paragraph does not apply to guided land transport systems specifically designed for urban passenger transportation.

1988, c. 57, s. 42; 1997, c. 78, s. 13.

43. The operator of a guided land transport vehicle must keep the headlight turned on at all times while the vehicle is in motion.

1988, c. 57, s. 43; 1997, c. 78, s. 14.

DIVISION III SAFETY OF OPERATION

48. In no case may the operator of a guided land transport system permanently abandon the operation of all or part of a guideway unless he has given the Minister three months’ notice.

The operator must also, in the case of a railway, have such notice published in a daily newspaper circulated in the territory in which the railway is situated.

The Minister may prescribe measures to ensure safety on abandoned premises. The owner of the guideway shall implement such safety measures within the time specified by the Minister.

1988, c. 57, s. 48; 1993, c. 75, s. 50.

CHAPTER IV REGULATORY PROVISIONS

DIVISION I SAFETY CODE

50. The Government may, by regulation, adopt a safety code applicable to guided land transport systems.

The code may contain safety standards concerning the following subjects:

(1)  the prevention of, and protection against, fires and accidents;

(2)  the materials, apparatus and equipment that are mandatory or prohibited in a guided land transport system;

(3)  the construction and installation of signalling systems;

(4)  the maintenance of a guideway, of the vehicles and equipment of a guided land transport system and of the signalling systems;

(5)  the coupling mechanisms, brake assemblies and safety devices with which a guided land transport vehicle must be equipped;

(6)  the rules governing vehicular traffic on a guideway, including those applying to speed limits and guideway signs and signals;

(7)  the arrangement of guided land transport vehicles in a train, convoy or consist;

(8)  the use of whistles or horns and the required communications systems in a guided land transport system;

(9)  the qualifications and skills required of the holder of a position that is critical to safe operations within a guided land transport system, as well as any other requirements he must meet, and the information he must furnish to his employer;

(10)   the qualifying examination pertaining to administrative and technical knowledge relating to the safe operation of a guided land transport system as well as the conditions for admission to and exemption from the examination in order to obtain or hold a position that is critical to safe operations within a guided land transport system;

(11)  the illnesses, impairments or situations affecting a person that may be considered to be relatively or totally incompatible with the holding of certain identified positions within a guided land transport system;

(12)  the alternation of periods of work and mandatory periods of rest.

The Government may determine among the provisions of the safety code those the contravention of which shall constitute an offence.

1988, c. 57, s. 50.

51. The code may make binding the instructions of the manufacturer concerning the assembly, erection, maintenance or inspection of materials, equipment or vehicles used in a guided land transport system.

1988, c. 57, s. 51.

52. The code may make binding a technical safety standard relating to guided land transport systems developed by another government or by an organization commissioned with the development of such standards.

1988, c. 57, s. 52.

53. The standards prescribed in the code may differ from one class of guided land transport system to another.

1988, c. 57, s. 53.

DIVISION II REGULATIONS

Not in force

54. The Government may, by regulation,

(1)  prescribe the work which must be announced and the manner of publishing the notice under section 6 and the duration of the period for filing objections;

(2)  prescribe the content of plans, profiles, drawings and specifications for guided land transport works;

(3)  prescribe construction standards for guided land transport works;

(4)  prescribe maintenance standards for level crossings;

(5)  prescribe construction and installation standards for signboards, fences and gates;

(6)  prescribe standards for or prohibit the construction of works or fuel tanks above, below or near a guideway;

(7)  prescribe the maximum amount of construction costs to be borne by the owner of a guideway where the Minister prescribes the improvement or relocation of a level crossing or the construction of a grade separation;

(8)  prescribe, according to classes of vehicles, standards for the design, manufacturing and modifying of vehicles and standards for the equipment to be used by the operator of a guided land transport system;

(9)  prescribe the form and tenor of the report that the operator of a guided land transport system must transmit to the Minister in the circumstances referred to in section 44 and establish the cases in which he is exempted from notifying the Minister and making such a report;

(10)  prescribe standards restricting the transportation of dangerous substances in a guided land transport system, and make the necessary prohibitions pertaining thereto, particularly as concerns:

(a)  the classes and categories of dangerous substances and the designation of substances as dangerous;

(b)  the carriage, storage, loading, unloading, containerizing and packaging of dangerous substances carried by a guided land transport vehicle;

(c)  the hazard warnings and other information which must be displayed on dangerous substances, on their packaging, and on the guided land transport vehicles;

(d)  the documents which must accompany dangerous substances carried by a guided land transport vehicle and the minimum information that the documents must contain;

(11)  prescribe the frequency, tenor and form of the report to be transmitted under section 49;

(12)  determine, among the provisions of any regulation under this section, those the contravention of which shall constitute an offence.

The regulations may differ from one class of guided transport system to another.

The Government may also determine, by regulation, among the provisions of safety rules approved or imposed by the Minister, those the contravention of which shall constitute an offence.

1988, c. 57, s. 54.

DIVISION III SAFETY RULES

§ 1 . — Approval of safety rules

55. The operator of a guided land transport system may, in accordance with this division, subject to the safety code prescribed by regulation and with the approval of the Minister, implement in his enterprise safety rules which pertain to the subjects that may be included in the safety code and, if he is the owner of a guideway, safety rules which pertain to the maintenance of the guideway.

1988, c. 57, s. 55.

56. The operator of a guided land transport system shall make copies of the proposed safety rules available to the persons and organizations having an interest in the safety of his enterprise and inform them of his intention to submit the proposed safety rules to the Minister for approval.

He shall afford them the opportunity to express their views on the proposed safety rules within the time he determines.

1988, c. 57, s. 56.

57. The application for ministerial approval must be accompanied with the following documents:

(1)  a copy of the proposed safety rules;

(2)  an account of the consultations held and the views expressed, and the response of the operator of the guided land transport system to those views;

(3)  where applicable, a statement by the operator of the guided land transport system indicating the nature of and reasons for any departure from the safety rules applicable in similar enterprises.

1988, c. 57, s. 57.

58. The Minister may solicit the expert advice of any person or organization on the proposed safety rules.

He shall so inform, forthwith and in writing, the operator of the guided land transport system.

1988, c. 57, s. 58.

59. The Minister may require that the operator of a guided land transport system furnish to him further particulars within the period he specifies or that the operator submit his proposed safety rules to any person or organization that the Minister indicates.

The Minister may approve the proposed safety rules in whole or in part. He may require that such amendments as he considers appropriate be made to the proposed safety rules by the operator within the period he specifies. He may refuse to approve them or make his approval subject to such terms and conditions as he may determine.

1988, c. 57, s. 59.

60. The decision of the Minister shall be in writing and state the reasons therefor. It shall be transmitted to the operator of the guided land transport system within 60 days of the day on which the Minister receives the application for approval.

The period commencing on the day the Minister requested further particulars, ordered a consultation, solicited expert advice or announced an inquiry and ending on the day the particulars are transmitted to him, the consultation period ends, the expert advice is filed or the inquiry ends, shall be excluded from the period prescribed in the first paragraph.

1988, c. 57, s. 60.

61. The operator of a guided land transport system shall publish at the place, in the manner and within the time prescribed by the Minister the approved safety rules and the decision of the Minister approving them.

1988, c. 57, s. 61.

62. The safety rules shall come into force on the date specified in the decision of the Minister approving them.

1988, c. 57, s. 62.

63. Subject to section 64, this subdivision does not apply to the safety rules pertaining to the metro operated under the Act respecting the Communauté urbaine de Montréal (chapter C-37.2).

Not in force

However, a copy of the safety rules pertaining to the metro shall be transmitted forthwith to the Minister. In the case of any rule adopted after (insert here the date of coming into force of this section), the operator of that guided land transport system shall also transmit to the Minister the reasons for the adoption of the rule.

1988, c. 57, s. 63.

§ 2 . — Imposition of safety rules

64. The Minister may require that the operator of a guided land transport system submit for his approval, in the manner and within the time he indicates, safety rules pertaining to subjects which may be included in the safety code.

He may also require that such amendments as he considers appropriate be made to the proposed safety rules by the operator within the period he specifies.

Subdivision 1 applies to such safety rules.

1988, c. 57, s. 64.

65. The Minister may impose safety rules to be implemented by the operator of a guided land transport system where the latter has not submitted rules to him within the period he specified or where for reasons of safety he did not approve the rules proposed by the operator.

In cases of emergency, the Minister may also impose a particular safety rule during the period allotted to the operator for the submission of safety rules.

1988, c. 57, s. 65.

66. Except in cases of emergency, the Minister shall hold consultations in accordance with section 56.

1988, c. 57, s. 66.

67. The decision imposing safety rules shall be in writing and state the reasons therefor.

It shall be transmitted to the operator within 10 days.

1988, c. 57, s. 67.

68. The operator of a guided land transport system shall publish, in the manner prescribed by the Minister, the imposed safety rules and a copy of the decision imposing them.

The safety rules shall come into force on the date specified in the Minister’s decision.

1988, c. 57, s. 68.

CHAPTER V INSPECTIONS AND INQUIRIES

DIVISION I INSPECTIONS

69. Any person authorized by the Minister to act as an inspector for the purposes of this Act and the regulations may

(1)  enter, at any reasonable time, any place where activities related to guided land transport are carried on in order to inspect guided land transport works, equipment and vehicles;

(2)  order the temporary stoppage in an appropriate location of any vehicle used in guided land transport and inspect the vehicle;

(3)  examine any substance designated as dangerous under this Act and take samples free of charge;

(4)  take photographs of any guided land transport vehicle, equipment or works;

(5)  require that any book, shipping slip, bill of lading or other document or record be communicated to him for examination, reproduction or the taking of extracts, where he has reasonable grounds to believe that they contain information relevant to administration of this Act or the regulations.

1988, c. 57, s. 69.

70. Where, in the judgment of the inspector, vehicular traffic on the guideway presents a safety risk, in particular because of the condition of the guideway, a permanent structure, a signalling system, the vehicles or equipment, he must inform the Minister forthwith.

1988, c. 57, s. 70.

71. The Minister may

(1)  restrict or prohibit traffic forthwith;

(2)  reduce speed limits;

(3)  prescribe conditions for the resumption of vehicular traffic;

(4)  require that tests be done to ensure that the guideway, permanent structure, signalling system, vehicles or equipment is or are in compliance with this Act and the regulations.

The Minister may lift the reduction of speed limits or the prescribed restrictions or prohibition when, in his judgment, traffic on the guideway no longer presents a safety risk.

1988, c. 57, s. 71.

72. In no case may a person hinder an inspector in the performance of his duties, mislead him by concealment or false declarations, refuse to give him information or conceal, destroy or refuse to give him access to any information, document or property relevant to an inspection.

1988, c. 57, s. 72.

73. Every inspector must, upon request, show a certificate of his capacity.

1988, c. 57, s. 73.

DIVISION II INQUIRIES

74. The Minister, or any person authorized by the Minister for such purpose, may conduct an inquiry into any matter relevant to the enforcement of this Act and the regulations.

1988, c. 57, s. 74.

75. The Minister, or any person authorized by the Minister for such a purpose, may conduct an inquiry

(1)  where an accident occurs in connection with the construction or operation of guided land transport works, vehicles or equipment;

(2)  where he receives a complaint from a person who becomes aware of a defect in a guideway, permanent structure, signalling system, vehicle or equipment used in a guided land transport system.

1988, c. 57, s. 75.

76. The Minister, or any person authorized by the Minister for such purpose, may, in conducting an inquiry, order that temporary measures be taken to correct a situation he deems unsafe.

The person in charge of implementing such measures must carry out the required work and transmit to the Minister a detailed report on the work within the time determined by the Minister.

1988, c. 57, s. 76.

77. The Minister shall transmit the conclusions of an inquiry to the parties concerned.

Where the conclusions of an inquiry establish the existence of a defect and state the measures required to correct it, the person in charge of implementing such measures must carry out the required work within the time determined by the Minister.

1988, c. 57, s. 77.

78. For the purposes of inquiries, the Minister, or the person authorized by him, has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1988, c. 57, s. 78.

CHAPTER VI SPECIAL PROVISIONS

79. The Minister, by order, may generally or specially delegate his powers under this Act to any person.

The delegation of powers shall come into force on the date of publication of the order in the Gazette officielle du Québec or on any later date specified therein.

1988, c. 57, s. 79.

80. The Minister may commission the Commission des transports du Québec or any other body or person to hold a public hearing in his name.

1988, c. 57, s. 80.

CHAPTER VII PENAL PROVISIONS

81. Every person who contravenes any provision of sections 5, 11, 17, 18, 20, 21, the second paragraph of section 22, sections 23, 24, 27, 29, 36, 40 to 42, 45, 47 or 61, the second paragraph of section 48, the first paragraph of section 68, the second paragraph of section 76 or 77, is guilty of an offence and is liable to a fine of not less than $1,000 nor more than $2,000 in the case of a natural person, and of not less than $5,000 nor more than $10,000 in the case of a legal person.

1988, c. 57, s. 81.

82. Every person who contravenes any provision of sections 25, 26, 37 to 39, 43, 44, 46, the first paragraph of section 48, of a regulation under the third paragraph of section 50 or paragraph 12 of section 54, any provision of the safety rules the contravention of which constitutes an offence under a regulation made under the third paragraph of section 54 or any provision of section 72, is guilty of an offence and is liable to a fine of not less than $200 nor more than $500 in the case of a natural person, and of not less than $400 nor more than $1,000 in the case of a legal person.

1988, c. 57, s. 82.

83. Every person who, by act or omission, aids another to commit an offence may be found guilty of the offence as if he had committed it himself, if he knew or should have known that his act or omission would probably result in aiding in the commission of the offence.

1988, c. 57, s. 83.

84. Every person who abets, counsels or commands another person to commit an offence may be found guilty of the offence as if he had committed it himself and of any other offence committed by the other person as a result of the abetment, counsel or command, if he knew or should have known that his action would probably result in the commission of the offence.

1988, c. 57, s. 84.

85. (Repealed).

1988, c. 57, s. 85; 1992, c. 61, s. 560.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

85.1. The Regulations Act (chapter R-18.1) does not apply to safety rules, to the rules referred to in section 54.1, to any related decisions made by the Minister, or to the draft versions thereof.

1997, c. 78, s. 19.

86. (Omitted).

1988, c. 57, s. 86.

87. (Repealed).

1988, c. 57, s. 87; 1993, c. 75, s. 51.

88. The Minister of Transport is responsible for the administration of this Act.

1988, c. 57, s. 88.

89. (Omitted).

1988, c. 57, s. 89.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 57 of the statutes of 1988, in force on 1 March 1990, is repealed, except section 89, effective from the coming into force of chapter S-3.3 of the Revised Statutes.