An Act to ensure safety in guided land transport


Published: 2015-11-01

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chapter S-3.3

An Act to ensure safety in guided land transport

CHAPTER I 
INTERPRETATION AND SCOPE

Interpretation:

1. For the purposes of this Act

“guided land transport works”;

 (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;

“level crossing”;

 (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);

“guided land transport”.

 (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.

Construction work defined.

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.

Act binding on Government.

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 I 
CONSTRUCTION WORK

Exception.

4. This division does not apply to construction work concerning the metro operated under the Act respecting public transit authorities (chapter S-30.01).

Exception.

Neither does it apply to the construction of any works comprising no level crossing or junction and extending over less than two kilometres.

1988, c. 57, s. 4; 1993, c. 75, s. 49; 2001, c. 66, s. 66.

Prohibition.

5. No person may undertake any work for the construction of guided land transport works which, by virtue of a regulation, must be announced before making the announcement in accordance with this division.

Prohibition.

No person may undertake any work for the construction of guided land transport works if the work departs from recognized engineering standards, unless he has obtained the approval of the Minister.

1988, c. 57, s. 5.

Announcement of construction work.

6. The announcement of construction work shall be made by way of a notice published in the manner prescribed by regulation. The notice shall specify the nature and site of the proposed construction work, the name and address of the party proposing the guided land transport works, the place at which the prescribed plans, profiles, drawings and specifications may be consulted and the period, determined in accordance with the regulations, during which objections to the proposed works may be filed.

1988, c. 57, s. 6.

Objections.

7. The Minister of Transport may prolong the period during which objections to the proposed works may be filed.

1988, c. 57, s. 7.

Interested party.

8. Any interested party may object to all or part of the announced construction work if he considers that his safety or the safety of his property would be prejudiced by the erection of the proposed works.

1988, c. 57, s. 8.

Filing and service.

9. The objection shall be drawn up in writing, specify the interest of the objecting party and set out the reasons for which it is filed. It shall be served in accordance with the Code of Civil Procedure (chapter C-25) on the party proposing the works before the expiration of the period prescribed for filing objections and transmitted to the Minister together with proof of service.

Objection withdrawn.

Where the objecting party wishes to withdraw his objection, he shall notify the party proposing the works and the Minister in writing.

1988, c. 57, s. 9.

Objection dismissed.

10. On the application of the party proposing the guided land transport works, the Minister may dismiss the objection where he considers that the objecting party has no evident interest or that the objection is dilatory.

Decision.

A copy of the Minister's decision shall be transmitted to the objecting party and to the party proposing the works within 15 days of the date of the decision.

1988, c. 57, s. 10.

Construction undertaken.

11. The proposing party shall not undertake the construction work before the expiry of the period prescribed for the filing of objections, or where an objection has been filed, before he has obtained the approval of the Minister.

1988, c. 57, s. 11.

Application for approval.

12. The application for approval must be accompanied with the response of the party proposing the guided land transport works to all outstanding objections and with his views, and the grounds therefor, as to the compatibility of the proposed works with the safety of persons and property.

Departure from recognized standards.

Where the proposed works entail a departure from recognized engineering standards, the party proposing the guided land transport works shall accompany his application for approval with a statement specifying the nature of and the reasons for the departure.

1988, c. 57, s. 12.

Expert advice.

13. The Minister may solicit the expert advice of a person or organization on the safety of the proposed works or of any departure from recognized engineering standards for persons and property.

Information sent to proposing party.

He shall, in writing and without delay, so inform the party proposing the works and any objecting party.

1988, c. 57, s. 13.

Additional information.

14. The Minister may require, before rendering his decision, that the party proposing the works furnish to him further particulars within the period he specifies.

1988, c. 57, s. 14.

Decision of Minister.

15. The Minister may, if he considers that the proposed work or the departure from recognized engineering standards is compatible with the safety of persons and property, approve all or part of the proposed works or, as the case may be, authorize the departure. He may refuse his approval or make it subject to such terms and conditions as he may determine.

1988, c. 57, s. 15.

Written decision.

16. Every decision of the Minister must be in writing and state the reasons therefor. It shall be sent to the party proposing the works and to any objecting party within 60 days of the day on which the Minister receives the application for approval.

Period excluded.

The period commencing on the day the Minister requires further particulars and ending on the day such particulars are sent to him and the period commencing on the day expert advice is solicited and ending on the day the expert's report is filed or the period commencing on the day an inquiry is announced by the Minister and ending on the day the inquiry ends shall be excluded from the period prescribed in the first paragraph.

1988, c. 57, s. 16.

Declaration by the engineer.

17. Upon completion of the construction work and before permitting the operation of the works, the proposing party shall transmit to the Minister a declaration by the engineer in charge of the work to the effect that he is satisfied that the construction work has been carried out in accordance with recognized engineering standards, the terms and conditions of the Minister's approval or, where no approval is required, the construction standards prescribed by regulation.

1988, c. 57, s. 17; 1997, c. 78, s. 1.

DIVISION II 
SIGNALLING AND LEVEL CROSSING

Level crossings.

18. The owner of a guideway shall erect and maintain, at every level crossing, a signboard in compliance with the standards prescribed by regulation.

Signboard.

The owner must also erect and maintain a signboard that meets the requirements of the first paragraph at every intersection of a railway with a trail or path intended for public use and maintained by a municipality, an off-highway vehicle club, a recreational association or a commercial undertaking.

1988, c. 57, s. 18; 1997, c. 78, s. 2.

Traffic signs.

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.

Gates.

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.

Obligation of guideway owner.

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.

Defective signalling system.

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.

Construction work required.

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.

Prescribed time.

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

Maintenance.

23. The owner of a guideway or an operator to whom the owner has entrusted the maintenance of a guideway must maintain it in accordance with the standards prescribed in the safety code adopted by regulation and with the safety rules approved or imposed by the Minister.

1988, c. 57, s. 23; 1997, c. 78, s. 4.

Authorization required.

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.

Notification.

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

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

Fences and gates.

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.

Maintenance costs.

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

1988, c. 57, s. 25.

Entering upon adjoining land.

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.

Snow fences.

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

1988, c. 57, s. 26.

Fuel tanks.

27. No person may undertake near, above or below a guideway, the erection of any works or fuel tank which is prohibited by regulation or which is not in compliance with the standards prescribed by regulation.

1988, c. 57, s. 27.

DIVISION IV 
LIABILITIES AND RESPONSIBILITIES

Liability for damage.

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.

Obligations of guideway owner.

29. Every owner of a guideway shall see to it that

 (1) a signalling system is erected and maintained in accordance with the regulations at every level crossing;

 (2) every level crossing, and the crossing surface of every intersection of a guideway with a trail or path intended for public use and maintained by a municipality, an off-highway vehicle club, a recreational association or a commercial undertaking, is constructed in accordance with the regulations;

 (3) the planking between the rails of every level crossing is laid and maintained in accordance with the regulations;

 (4) construction work effected on a permanent structure which carries the guideway above the road is carried out in accordance with the regulations and that the structure is properly maintained.

1988, c. 57, s. 29; 1997, c. 78, s. 7.

Maintenance and snow removal at level crossing.

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.

Building and maintenance costs.

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.

Relocating or widening public highway.

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.

Building and maintenance costs.

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.

Grade separation.

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.

Sharing of costs.

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.

Sharing of costs.

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.

Subsidy.

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 I 
VEHICLES AND EQUIPMENT

Safety standards.

36. The operator of a guided land transport system shall comply with the standards relating to vehicles and equipment contained in the safety code prescribed by regulation, in the safety rules approved or imposed by the Minister, where that is the case, and in any other regulation under section 54.

1988, c. 57, s. 36.

DIVISION II 
TRAFFIC RULES

§ 1. —  Prohibitions

Restriction.

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.

Restriction.

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.

Prohibition.

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.

Mobile bridge.

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

Whistle and horn.

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.

Exemption.

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.

Exception.

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.

Headlight.

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.

Accident report.

44. The operator of a guided land transport system must, except in cases where he is exempted therefrom by regulation, notify the Minister and send him forthwith a detailed report in prescribed form of any accident which results in the injury or death of a person or which causes damage to the guideway, permanent structures or equipment.

1988, c. 57, s. 44.

DIVISION III 
SAFETY OF OPERATION

Dangerous substances.

45. The operator of a guided land transport system shall implement, within his enterprise, the regulations concerning the transportation of dangerous substances.

Safety standards.

He shall also implement, within his enterprise, the standards relating to vehicular traffic and the prevention of, and protection against, fires and accidents contained in the safety code prescribed by regulation, and the safety rules approved or imposed by the Minister, where that is the case.

1988, c. 57, s. 45.

Compliance.

46. Every employee of a guided land transport system must comply with the standards referred to in section 45.

1988, c. 57, s. 46.

Implementation of standards.

47. The operator of a guided land transport system shall implement, in his enterprise, the standards relating to the carrying on of work by the holder of a position that are contained in the safety code prescribed by regulation and in the safety rules approved or imposed by the Minister, where that is the case.

1988, c. 57, s. 47.

Notice of abandonment.

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.

Publication.

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.

Safety measures.

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.

DIVISION IV 
REPORT

Traffic and maintenance report.

49. Every operator must transmit to the Minister a traffic and maintenance report according to the frequency, form and tenor prescribed by regulation.

1988, c. 57, s. 49.

CHAPTER IV 
REGULATORY PROVISIONS

DIVISION I 
SAFETY CODE

Safety code.

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

Subjects covered.

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.

Additional standards.

The code may also provide for any other standard or prohibition concerning rail transportation safety, fix operating standards and prescribe that a safety plan is to be drawn up and applied by an operator.

Offences.

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; 1997, c. 78, s. 15.

Instructions mode binding.

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.

Safety standards made binding.

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.

Standards according to classes.

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

Regulations.

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 and signposted intersections of a trail or path with a guideway;

 (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;

 (10.1) determine which of the provisions of a regulation made under subparagraph 10 are applicable to a person who applies for the transportation of a dangerous substance;

 (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.

Regulations according to class.

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

Offences.

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; 1997, c. 78, s. 16.

Rules.

54.1. The Minister may, as an exceptional measure and to the extent the Minister determines, authorize the operator of a guided land transport system to apply rules in the operator's undertaking that differ from the standards established by the safety code adopted by the Government, or those established under subparagraph 10 of the first paragraph of section 54, where the Minister considers that they provide an equivalent level of safety.

Publication.

The operator of the guided land transport system shall publish the rules authorized by the Minister in the manner the latter determines, together with a copy of the Minister's decision. The rules shall come into force on the date specified in the Minister's decision.

Penalty to apply.

Any provision which creates, or imposes a penalty for, a contravention of a standard, specified in the Minister's decision, that is replaced by a rule authorized by the Minister is applicable to that rule.

1997, c. 78, s. 17.

DIVISION III 
SAFETY RULES

§ 1. —  Approval of safety rules

Implementation by operator.

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.

1988, c. 57, s. 55; 1997, c. 78, s. 18.

Proposed safety rules.

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.

Representations.

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.

Application for approval.

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.

Expert advice.

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

Operator to be informed.

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

1988, c. 57, s. 58.

Additional information.

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.

Approval.

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.

Written decision.

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.

Period excluded.

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.

Publication.

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.

Coming into force.

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.

Exception.

63. Subject to section 64, this subdivision does not apply to the safety rules pertaining to the metro operated under the Act respecting public transit authorities (chapter S-30.01).

not in force
Metro safety rules.

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; 2001, c. 66, s. 67.

§ 2. —  Imposition of safety rules

Approval 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.

Amendments.

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.

Application.

Subdivision 1 applies to such safety rules.

1988, c. 57, s. 64.

Safety rules imposed by the Minister.

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.

Emergency.

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.

Consultations.

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

1988, c. 57, s. 66.

Decision.

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

Tranmission.

It shall be transmitted to the operator within 10 days.

1988, c. 57, s. 67.

Publication.

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.

Coming into force.

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

Powers of inspection.

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.

Safety risks.

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.

Powers of Minister.

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.

Lifting of restrictions.

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.

Hindering.

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.

Certificate.

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

1988, c. 57, s. 73.

DIVISION II 
INQUIRIES

Power of inquiry.

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.

Accident or defect.

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.

Corrective measures.

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.

Report.

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.

Conclusions.

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

Work to be carried out.

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.

Powers of inquiry.

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

Delegation of powers.

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

Coming into force.

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.

Public hearing.

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

Offences and penalty.

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.

Offences and penalty.

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.

Aiding in the commission of an offence.

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.

Abetting the commission of an offence.

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

Applicability.

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.

Minister responsible.

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 SCHEDULES

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.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 4 to 18, 23, 27, 29, 36, 44 to 47, 49 to 62, the first paragraph of section 63 and sections 64 to 68 of chapter 57 of the statutes of 1988, in force on 1 April 2001, are repealed effective from the coming into force of the updating to 1 April 2001 of chapter S-3.3 of the Revised Statutes.

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