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Industrial Roads Act

[RSBC 1996] CHAPTER 189

Contents
1Definitions
2–3Repealed
4Mines to be protected
5Approval by minister to cross highway
6Repealed
6.1Duty to maintain drains
7Sections of Motor Vehicle Act to apply
8Industrial road administrator to construct, alter or maintain structures
9Removal of structure
10Appointment of inspecting engineer
11Minister may order repairs and restrict operation
12Motor vehicle maintenance and safety
13–15Repealed
16Industrial road administrator regulations
17Regulations in writing under common seal
18Approved by minister
19Binding on all persons
20Copy to every officer and employee
21Industrial road administrator may enforce regulations
22Signs to be displayed declaring private road
23Crew cars to stop at rail crossings
24Liability of industrial road operator
25Drivers licensing and certification requirements
26–27Repealed
28Power to make regulations
29Offences

Definitions

1  In this Act:

"access road" means a road of a temporary nature used to reach sources of material or parts of a construction project, or for fire protection in timbered areas, and access to mining claims;

"cat road" means an unsurfaced road of a temporary nature over which logs or materials are dragged by any means;

"construction site" means an area where actual construction operations are being carried out, and includes tote roads, cat roads and access roads;

"equipment" includes all rolling stock and vehicles, log loaders and dumpers, loading works and transfers, hoists and cranes, and other machinery used in the operation or construction of an industrial road;

"highway" has the same meaning as in the Transportation Act;

"industrial road" means a road on Crown or private land used primarily for transportation by motor vehicle of

(a) natural resources, whether raw, processed or manufactured, or

(b) machinery, materials or personnel,

and includes all bridges, wharves, log dumps and works forming a part of the road, but does not include

(c) a highway,

(d) a forest service road as defined in the Forest Act,

(e) land designated as a development road under section 139 (1) of the Petroleum and Natural Gas Act,

(f) a privately owned road used by a farmer or resident for the person's own purposes,

(g) a road used exclusively for the construction and maintenance of electric power lines, telephone lines or pipe lines,

(h) roads and yards within manufacturing plants, industrial sites, storage yards, airports and construction sites, or

(i) tote roads, cat roads and access roads;

"industrial road administrator" means a person who constructs, owns or operates an industrial road;

"motor vehicle" means a vehicle that is

(a) intended to be self propelled, and

(b) designed primarily for travel on land on surfaces other than rails;

"road" means a strip of ground, used for travel by motor vehicles, that is not a highway;

"tote road" means an unsurfaced road of a temporary nature over which construction materials and supplies are moved;

"traffic" means vehicle traffic on industrial roads.

Repealed

2–3  [Repealed 2004-37-3.]

Mines to be protected

4  Unless authorized by the minister, an industrial road administrator must not locate or construct its proposed industrial road so as to obstruct, interfere with, or injuriously affect the working of or the access or entrance to any mine then open, or for the opening of which preparations are being lawfully and openly made.

Approval by minister to cross highway

5  (1) In this section, "junction" means a place at which a highway and an industrial road connect or intersect.

(2) A person must not construct a junction without prior written authorization of the minister.

(3) The minister may

(a) authorize, on any terms and conditions the minister considers advisable, the construction of a junction, and

(b) at any time, on an application or on the minister's own motion, amend or terminate that authorization.

(4) A person must not operate a motor vehicle on a junction unless the minister has authorized the construction of the junction.

Repealed

6  [Repealed 2004-37-5.]

Duty to maintain drains

6.1  (1) In constructing an industrial road, an industrial road administrator must make and maintain suitable ditches and drains along each side of and across and under the industrial road to connect with ditches, drains, drainage works and watercourses on the land through which the industrial road runs, so as to provide sufficient outlet to drain and carry off the water, and so that the then natural, artificial or existing drainage of that land is not obstructed or impeded by the industrial road.

(2) If

(a) any land is injuriously affected because of the drainage on, along, across or under the industrial road being insufficient to drain and carry off the water from the land, or

(b) a municipality or land owner or occupant of land wants to obtain means of drainage, or the right to lay water pipes or other pipes, whether for drainage purposes or for purposes of transportation of gas or oil or any other substance or material, temporarily or permanently, through, along, on, across or under the industrial road or any works or land of the industrial road administrator,

the minister may, on the application or complaint of the municipality or land owner or occupant of land, by certificate, order the industrial road administrator to construct the drainage or lay the pipes.

(3) For the purposes of subsection (2), the minister may

(a) require the applicant to submit to the minister a plan and profile of the portion of the industrial road to be affected, or

(b) direct an inspecting engineer, or other person the minister considers advisable to appoint, to inspect the locality in question, and, if expedient, there hold an inquiry as to the necessity or requirements for the drainage or pipes, and to make a full report to the minister.

(4) The minister may, on the report, or in the minister's discretion, order how, where, when, by whom and on what terms and conditions the drainage may be effected, or pipes laid, constructed and maintained, having due regard to all proper interests.

(5) An order under subsection (2) is not required if

(a) the drainage is constructed or the pipes are laid in accordance with any general regulation or the code or with any plans or specifications adopted as approved by the minister for those purposes, and

(b) the company consents to the construction of drainage or the laying of pipes.

Sections of Motor Vehicle Act to apply

7  Sections 173 to 177 and sections 185 and 186 of the Motor Vehicle Act apply to an industrial road and traffic on it.

Industrial road administrator to construct, alter or maintain structures

8  All bridges and structures on industrial roads through, over or under which motor vehicles may travel must be constructed, reconstructed, safely maintained or abandoned in a manner consistent with the regulations under this Act.

Removal of structure

9  If ordered by the minister, an industrial road administrator abandoning an industrial road must remove every bridge, structure or other thing that in the opinion of the minister is likely to menace public safety, create a fire hazard or obstruct a stream.

Appointment of inspecting engineer

10  (1) Inspecting engineers required for this Act may be appointed under the Public Service Act to hold office during pleasure.

(2) If directed by the minister, an inspecting engineer must inspect an industrial road, whether constructed or in the course of construction, and report at once on it in writing to the minister.

(3) Every inspecting engineer has full and unrestricted powers of entry, investigation and examination of industrial roads.

(4) The production of a certificate of appointment, signed by the minister or deputy minister, is sufficient evidence of the authority of an inspecting engineer.

Minister may order repairs and restrict operation

11  (1) On receiving a report of the inspecting engineer, the minister may, by a certificate, order repairs, renewal, reconstruction, alteration or new work, materials or equipment to be made, done or provided by an industrial road administrator on, in addition to or substitution for a portion of an industrial road that may from the report appear to the minister necessary or proper.

(2) The minister may order that until the repairs, renewals, reconstruction, alteration and work, materials, or equipment ordered under subsection (1) are made, done and provided to the minister's satisfaction, the industrial road for which the order is made

(a) must not be used, or

(b) must not be used other than subject to restrictions, conditions and terms the minister may impose in the certificate.

(3) On the report of an inspecting engineer, the minister may, by certificate, do any of the following:

(a) declare a road an industrial road;

(b) declare an industrial road abandoned;

(c) declare an industrial road a tote road or access road.

Motor vehicle maintenance and safety

12  All motor vehicles and equipment used on or in conjunction with an industrial road must be maintained in safe and proper condition consistent with any regulations made under this Act.

Repealed

13–15  [Repealed 2004-37-7.]

Industrial road administrator regulations

16  Subject to this Act and the Forest Act, an industrial road administrator may make regulations in respect of one or more of the following:

(a) the mode by which and the speed at which a vehicle operating on the industrial road administrator's industrial road may be moved;

(b) weights vehicles may carry on the industrial road administrator's industrial roads;

(c) the overall width, size and weight of vehicles used on the industrial road administrator's roads;

(d) travelling on or using of the industrial road administrator's road;

(e) special rules of the road required by the industrial road administrator in the operation of the industrial road administrator's industrial road;

(f) blocking of traffic on the industrial road administrator's road;

(g) placing of stop signs if necessary;

(h) carriage of freight on the industrial road administrator's road;

(i) carriage of passengers on the industrial road administrator's road;

(j) governing of vehicles other than the industrial road administrator's own vehicles using the industrial road administrator's road;

(k) governing of all traffic on the industrial road administrator's road.

Regulations in writing under common seal

17  All regulations, whether made by the directors or the industrial road administrator, must be in writing, signed by the chair or person presiding at the meeting at which they are adopted, and bear the common seal of the industrial road administrator.

Approved by minister

18  (1) All regulations must be submitted to the minister for approval.

(2) The minister may, by certificate, approve the regulations or any part, and may rescind the approval or any part.

(3) No regulations have effect without the approval of the minister.

Binding on all persons

19  Regulations, if approved, are binding on and must be observed by all persons, and are sufficient to justify all persons acting under them.

Copy to every officer and employee

20  A printed copy of as much of a regulation as relates to the conduct of or affects the officers or employees of the industrial road administrator must be given to every officer and employee of the industrial road administrator affected.

Industrial road administrator may enforce regulations

21  If the violation or nonobservance of a regulation is attended with danger or annoyance to the public, or hindrance to the industrial road administrator in the lawful use of the road, the industrial road administrator may summarily interfere, using reasonable force, if necessary, to prevent the violation or to enforce observance, without prejudice to any penalty incurred for the violation or nonobservance.

Signs to be displayed declaring private road

22  Signs must be placed at the junction of a public road or highway and an industrial road warning the public or the drivers of vehicles that they are entering a privately owned industrial road, and that, if they are permitted to enter, they must govern themselves according to the rules governing the road.

Crew cars to stop at rail crossings

23  An industrial road administrator must ensure that every bus or crew car used by the industrial road administrator to transport its employees comes to a complete stop before the vehicle crosses a railway.

Liability of industrial road operator

24  (1) In an action for indemnity for damages or injury sustained because of construction or operation of an industrial road, the defendants may

(a) plead the general issue,

(b) give this Act and the special matter in evidence at the trial, and

(c) prove that the damages or injury alleged were done under this Act.

(2) No inspection under this Act, nothing in this Act and nothing done or ordered or omitted to be done or ordered, under this Act, relieves an industrial road administrator of or from or diminishes or affects any liability or responsibility resting on it, either toward Her Majesty or toward a person, or the spouse, parent or child, executor or administrator, heir or personal representative, of a person, for anything done or omitted to be done by the industrial road administrator, or for a wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance of the industrial road administrator.

(3) Despite subsections (1) and (2), a person using a road, or the person's heir, personal representative, spouse, parent or child is not entitled to indemnity or compensation from the owner or licensee of the road or from Her Majesty in right of the Province for loss, damage, injury or expense caused by the condition of the road or a work that is part of it, but this subsection does not affect the liability of the owner or licensee or Her Majesty with respect to the agents, contractors or employees of the owner or licensee.

Drivers licensing and certification requirements

25  A person must not drive a motor vehicle on an industrial road unless that person holds any licence and certificate required for that purpose under this Act.

Repealed

26–27  [Repealed 2004-37-10.]

Power to make regulations

28  The minister may make regulations referred to in section 41 of the Interpretation Act, including, without limitation, the following:

(a) for the licensing, certification and examination of drivers and operators;

(b) for the operation of an industrial road and for the safety of persons and the regulation of traffic on it, including anything that may be included in a regulation under section 16 of this Act;

(c) establishing specifications for the maintenance and repair of industrial roads and the improvements, bridges, structures and works on them;

(d) establishing specifications for motor vehicles that operate on industrial roads;

(e) establishing the equipment to be carried by motor vehicles that operate on industrial roads and the specifications for the equipment;

(f) establishing specifications for the maintenance of motor vehicles that operate on industrial roads and of the equipment they are required to carry;

(g) establishing the safety equipment, structures and procedures that must be provided or followed on industrial roads;

(h) exempting classes of motor vehicles from one or more regulations.

Offences

29  (1) Without limiting section 5 of the Offence Act as it applies for the purposes of this Act, a person who trespasses on an industrial road commits an offence.

(2) Subsection (1) does not apply to that part of an industrial road that is laid along, on or across a highway or that has been openly accepted for use by the public for a continuous period exceeding one year.