BILL 46 – 2004
HIGHWAY (INDUSTRIAL) AMENDMENT ACT, 2004

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

1 The title of the Highway (Industrial) Act, R.S.B.C. 1996, c. 189, is repealed and the following substituted:

INDUSTRIAL ROADS ACT .

2 Section 1 is amended

(a) by adding the following definition:

"highway" has the same meaning as in the Highway Act; ,

(b) by repealing the definitions of "company" and "industrial road" and substituting the following:

"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 8 (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; ,

(c) by repealing the definitions of "minister" and "ministry",

(d) by repealing the definition of "motor vehicle" and substituting the following:

"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; , and

(e) by repealing the definition of "road" and substituting the following:

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

3 Sections 2 and 3 are repealed.

4 Sections 4, 6.1 (1), 9, 11 (1), 16 and 24 (2) are amended by striking out "a company" wherever it appears and substituting "an industrial road administrator".

5 Sections 5 and 6 are repealed and the following substituted:

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.

6 Sections 6.1 (2), 16 (e), 17, 20, 21, 23 and 24 (2) are amended by striking out "the company" wherever it appears and substituting "the industrial road administrator".

7 Sections 13 to 15 are repealed.

8 Section 16 is amended by striking out "the company's" wherever it appears and substituting "the industrial road administrator's".

9 Section 23 is amended by striking out "A company" and substituting "An industrial road administrator".

10 Sections 25 to 27 are repealed and the following substituted:

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 or the regulations.

11 Sections 28 and 29 are repealed and the following substituted:

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.

Consequential Amendments

Forest and Range Practices Act

12 Section 22.2 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by striking out "Highway (Industrial) Act," and substituting "Industrial Roads Act,".

Mining Right of Way Act

13 Section 1 of the Mining Right of Way Act, R.S.B.C. 1996, c. 294, is amended in the definition of "road" by striking out "Highway (Industrial) Act." and substituting "Industrial Roads Act."

14 Sections 6 (1) and 7 (1) and (2) are amended by striking out "Highway (Industrial) Act," and substituting "Industrial Roads Act,".

Motor Vehicle Act

15 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(a) by striking out everything after the end of paragraph (b) in the definition of "highway" and substituting the following:

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

but does not include an industrial road; , and

(b) by repealing the definition of "industrial road" and substituting the following:

"industrial road" means industrial road as defined in the Industrial Roads Act, and includes a forest service road as defined in the Forest Act and land designated as a development road under section 8 (1) of the Petroleum and Natural Gas Act; .

Occupiers Liability Act

16 Section 8 (2) (e) of the Occupiers Liability Act, R.S.B.C. 1996, c. 337, is amended by striking out "Highway (Industrial) Act." and substituting "Industrial Roads Act."

Commencement

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