Part 10 Mining Near Lines of Railways Regulations for Common Carrier Railways

Short Title
Definitions
Application
Prohibition
Notice
Threats to Safe Railway Operations

Short Title


1. These Regulations may be cited as the Mining Near Lines of Railways Regulations.

Definitions


2. In these Regulations,

BCSA” means British Columbia Safety Authority;

MOTI” means the Provincial Ministry of Transportation and Infrastructure, and

"non-railway works" means a mine or an oil or gas well.

Application

    
3.
These Regulations apply in respect of any owner, operator or lessee of a non-railway works that constructs, alters or operates, after the coming into force of these Regulations, any non-railway works within the space enclosed by a vertical plane located 50 m to each side of a line of railway, measured horizontally at right angles to the nearest rail.

Prohibition

    
4.
No owner, operator or lessee of a non-railway works shall construct, alter or operate a non-railway works in a manner that constitutes a threat to safe railway operations.

Notice

    
5.
(1)
No owner, operator or lessee of a non-railway works shall construct, alter or operate the non-railway works, unless the owner, operator or lessee has given at least 60 days notice, in writing, to the railway company that owns the line of railway at the location of the works.
  (2)At the same time as a notice referred to in subsection (1) is given, the owner, operator or lessee shall send a copy of the notice to the Railway Safety Manager of the BCSA.
 6.A notice referred to in section 5 shall be accompanied by
   (a)a plan and profile of the proposed or existing non-railway works and of the portion of the line of railway adjacent to those works;
   (b)a description of the method of construction, alteration or operation;
   (c)an assessment of any threat to safe railway operations;
   (d)the measures taken, or proposed to be taken, to ensure safe railway operations; and  
   (e)any other information that the railway company may require to determine if there is a threat to safe railway operations.
 7.The notice referred to in section 5, shall be made in an approved electronic format. 

Threats to Safe Railway Operations

    
8.
Where a railway company believes that the construction, alteration or operation of a non-railway works may constitute a threat to safe railway operations, and the railway company and the owner, operator or lessee of the non-railway works are unable to resolve the issue, the railway company shall advise the MOT in writing of the potential threat.

Regulation current to: 2010-10-12
Adopted by the Railway Safety Adopted Provisions Regulation (BC) April 1, 2004