Short Title
1Short title#
This Act may be cited as the Bridges Act.note
Interpretation
Application
General
5Proceedings on receipt of notice#
(1)The Minister, on receiving a notice under section 4, shall direct an engineer attached to or employed by the Department of Public Works and Government Services to examine the bridge proposed to be opened and report to the Minister, in writing, his opinion as to the completeness and sufficiency of the bridge, with the grounds for that opinion.
(2)Where the engineer reports pursuant to subsection (1) that, in his opinion, the bridge would, by reason of incompleteness or insufficiency, be dangerous to the public using it, the Minister, with the approval of the Governor in Council, may order the company to whom the bridge belongs to postpone the opening for a period not exceeding one month.
(3)The Minister may, with the approval of the Governor in Council, from time to time thereafter, on further inspection of the bridge by an engineer directed under subsection (1) after the ten days notice given under paragraph 4(b), and on a report from the engineer as to the incompleteness or insufficiency of the bridge, make a like order for postponement of the opening of the bridge until it appears to the Minister that the opening of the bridge may take place without danger to the public.
note
7Inspection of unsafe bridge#
The Minister may direct any engineer attached to or employed by the Department of Public Works and Government Services to examine, inspect and report to the Minister on any bridge, whenever he receives information to the effect that the bridge, through want of repair, insufficiency or erroneous construction, or from any other cause, is dangerous to the public using the bridge, or whenever circumstances arise that, in the opinion of the Minister, render an examination or inspection expedient.note
8Minister may condemn bridge#
(1)The Minister, on the report of the engineer under section 7, may
(a)condemn the bridge or any portion thereof, or any of the works or appliances connected therewith; and
(2)The company to which the bridge referred to in subsection (1) belongs, or the company using or controlling the bridge, in case the bridge is in use or controlled by another company, shall thereupon, on notice from the Minister of any defect or insufficiency in the bridge or any portion thereof so reported, or of any requirement of the Minister under subsection (1), proceed to make good or remedy the defect or insufficiency, and make the change, alteration, substitution or use of material specified as a requirement in the notice.
note
10Company to furnish information#
Every company and the officers and directors thereof shall afford to an engineer directed by the Minister to inspect any bridge, in this Act referred to as an “inspecting engineer”, such information as is within their knowledge and power in all matters inquired into by him, and shall submit to the engineer all contracts, plans, specifications, drawings and documents relating to the construction, repair or state of repair of the bridge.note
11Evidence of authority#
The production of instructions in writing signed by the Minister is sufficient evidence of the authority of an inspecting engineer.note
12Use of bridge may be suspended#
When in his opinion a bridge is dangerous, the inspecting engineer may, by notice in writing, stating the reasons for his opinion, and distinctly specifying the defects or the nature of the danger to be apprehended, delivered to the president, managing director, secretary or superintendent of the company that owns, uses or controls the bridge, forbid, until alterations, substitutions or repairs are made therein,
note
13Report to Minister#
The inspecting engineer shall forthwith report the circumstances of the case described in section 12 to the Minister, who, with the approval of the Governor in Council, may either confirm, modify or disallow the act or order of the inspecting engineer, and notice of the confirmation, modification or disallowance shall be duly given to the company affected thereby.note
14Inspection not to relieve company from liability#
No inspection made under this Act, nothing in this Act nor anything done or ordered or omitted to be done or ordered under or by virtue of this Act
(a)relieves or shall be construed to relieve any company of or from any liability or responsibility resting on it by law to Her Majesty or to any person for anything done or omitted to be done, or for any wrongful act, neglect or default, misfeasance, malfeasance or non-feasance; or
(b)in any way weakens or diminishes the liability or responsibility of any company, under the laws in force in the province in which the liability or responsibility arises.
note
16Company to report accidents#
Every company shall, as soon as possible and within at least forty-eight hours after the occurrence on any bridge belonging to the company of any accident attended with serious personal injury to any person using the bridge, or as a result of which the bridge has been broken or so damaged as to render it impassable or unsafe or unfit for immediate use, give notice thereof to the Minister.note
17Return of accidents twice a year#
(1)Every company shall within one month after January 1 and July 1, in each year, make to the Minister, under the oath of its president, secretary or superintendent, a true and particular return of all accidents and casualties to persons or property that have occurred on any bridge of the company during the respective half years immediately preceding January 1 and July 1, setting out
(a)the causes and natures of the accidents and casualties;
(b)whether they occurred by night or by day; and
(c)the full extent and all the particulars thereof.
note
18Form of return#
The Minister may order and direct the form in which returns under section 17 shall be made up, and may, with a view to public safety, in addition to those returns, order and direct any company to make and deliver to the Minister, in such form and manner as the Minister deems necessary and requires for his information, returns of serious accidents occurring in the course of public traffic on any bridge belonging to the company, whether attended with personal injury or not.note
Punishment
23Neglect to deliver return#
Every company that neglects to deliver any return required by this Act, verified as provided in this Act, within the respective times prescribed by this Act, or to deliver any return, other than the periodical returns required by this Act, within fourteen days after the return has been required by the Minister, shall incur a fine not exceeding one hundred dollars for every day during which the company neglects to deliver the return.note
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.