Railway Act

 

The Railway Act governs the incorporation of a railway company in BC and also the construction or operation of any railway within the province. Responsibility for this Act is divided between the Ministry of Transportation and the Ministry of Community, Aboriginal and Women’s Services.

 

The Act governs a number of aspects of the siting and construction of railways, all of which may have environmental impacts:

 

·          Location of Line – Requires the Minister of Transportation to approve a plan which includes details of potential impacts on watercourses;

·          Acquisition of Crown land for railway purpose – Requirement of the Minister’s consent for a railway to take possession of crown land;

·          Expropriation power – Powers of a railway company to take over private land, and requirements for compensation;

·          Regulation of various kinds of railway crossings (highway, farm, etc.); and

·          Construction of Bridges, tunnels and other structures.

 

The Storage, Handling and Transportation of Dangerous Goods by Railway Regulation, BC Reg. 85/89 (Part XII) regulates rail transportation of dangerous goods.  It adopts by reference a number of federal standards.

 

The watershed governance issues that are involved with railway construction and operation are the same kind of issues that are involved in other kinds of linear development – such as fragmentation of land areas, destruction of habitats, obstruction of wildlife migration corridors, risk of pollution, and so on.  Please see our page of the Guide on Linear Development for a more detailed discussion of how those issues are regulated.

 

Related Guide Pages:

 

·          Linear Development

 

·          BC Environmental Assessment Act

 

·          Canadian Environmental Assessment Act

 

For more information about the Railway Act:

 

·          An electronic copy of the Railway Act

 

·          Storage, Handling and Transportation of Dangerous Goods by Railway Regulation, BC Reg. 85/89