HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act,

"company" means a company within the meaning of the Business Corporations Act that is authorized by this Act or a special Act to construct, own or operate a railway;

"farm crossing" means a railway crossing created under section 4 that is necessary for

(a) an owner's enjoyment of his or her land; or

(b) farm purposes;

"invasive plant" has the same meaning as under the Forest and Range Practices Act, Invasive Plant Regulation section 2;

"livestock" includes cattle, goats, horses, sheep, swine and game and includes any other animal designated by regulation;

"owner" includes

(a) with respect to land, a person who holds land under a lease or other arrangement; and

(b) with respect to livestock, any person who has a property interest in an animal;

"rail corridor" includes

(a) a publicly-owned railbed beneath a railway track, including the basic grading and earthworks below the track ballast;

(b) a publicly-owned railway track, including, without limitation, all land or right of way on which the railway track is located and any apparatus used in respect of the operation of the railway track; and

(c) all works of infrastructure that support the safety, security and operating integrity of the railway track, including, without limitation, cuttings, embankments, drainage works, bridges, tunnels, culverts, retaining walls, works of stabilization, signals and detection devices and at-grade crossings and signals;

"railway" means any railway which a company is authorized to construct and operate, and includes all branches, sidings, stations, depots, wharves, rolling stock, equipment, works, property and works connected with the railway and all railway bridges, tunnels or other structures connected with the railway and undertaking of the company;

"right of way" means the land occupied by a railway but does not include land that is not contiguous to a railway line.

Purpose

2  (1) The purpose of this Act is to protect the safety and economic security of land owners whose lands abut publicly-owned rail corridors.

(2) This Act applies to all publicly-owned rail corridors in British Columbia.

Fences along rail corridor

3  (1) A railway must construct and maintain a knee as required by subsection (2) where it is necessary to prevent livestock from entering a publicly-owned rail corridor.

(2) Where a railway is required to construct or maintain a fence under subsection (1) the fence must be

(a) a minimum height of 4 feet 6 inches,

(b) sufficient to prevent livestock from entering the publicly-owned rail corridor; and

(c) constructed with woven wire.

(3) In addition to the requirements under subsection (2), a railway must construct and maintain swing gates of a minimum height of 4 feet 6 inches at farm crossings to provide an opening sufficient for the passage of farm machinery.

(4) Where a local municipality does not have a bylaw prohibiting the use of barbed wire and the owner of the land abutting the rail corridor agrees, 5-strand barbed wire may be used in lieu of the woven wire fence.

(5) Where a cattle guard is required it must be suitable and sufficient to prevent livestock from entering the rail corridor.

Farm crossings

4  (1) A railway operating on a publicly-owned rail corridor must create and maintain a suitable access for persons to cross the rail corridor where

(a) the rail corridor crosses an owner's land; or

(b) the access is reasonable required by an owner for farm purposes as defined by regulation.

(2) Livestock, when using all crossings, must be in the charge of a competent person, who must take all reasonable care and precaution to avoid accidents.

(3) The persons for whose use farm crossings are furnished must keep the gates at each side of the railway closed when not in use.

Livestock losses

5  In the event that livestock is hit by a railway's train operating on a publicly-owned rail corridor, the railway must

(a) notify the owner of the livestock within a reasonable amount of time,

(b) if necessary arrange to have the struck livestock humanely euthanized, and

(c) compensate the livestock owner for any losses sustained.

Invasive plants

6  A railway operating on a publicly-owned rail corridor must maintain that rail corridor against any invasive plant species as defined by the Forest and Range Practices Act or any other enactment.

Power to make regulations

7  (1) The Lieutenant Governor in Council may make regulations referred to in section 42 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining a word or expression used by not defined in this Act;

(b) setting out guidelines for compensation under section 5;

(c) respecting any matter considered necessary or advisable to carry out effectively the purpose of this Act.

Commencement

8  This Act comes into force on the date of Royal Assent.

 
Explanatory Note

This Bill protects the safety and economic security of livestock owners in British Columbia whose grazing land runs adjacent to publicly-owned rail corridors by placing several obligations on any railway operating on those corridors. First, a railway must ensure there is adequate fencing that will prevent livestock from entering rail corridors. Second, a railway has to construct adequate farm crossings for farm purposes. Third, a railway must contact land owners when their livestock has been hit by a train. The Bill also mandates that rail operators manage the spread of invasive plants.