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Minister of Transportation and Infrastructure Notice

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Minister of Transportation and Infrastructure Notice MINISTER OF TRANSPORTATION AND INFRASTRUCTURE NOTICE OF EXEMPTIONS PURSUANT TO SECTION 22 OF THE RAILWAY SAFETY ACT (CANADA) AS ADOPTED BY THE RAILWAY SAFETY ADOPTED PROVISIONS REGULATION B.C. REG. 210/2004 (M161/2004) (“RSA”) Pursuant to Section 22(2) of the Railway Safety Act (RSA) the Minister of Transportation and Infrastructure may, by notice, on any terms and conditions specified in the notice, exempt • a specified railway company, specified railway equipment or specified railway work from the application of a specified provision of regulations in respect of matters referred to in section 18(1) or (2.1) or of the rules in force under section 19 or 20 or • a specified person from the application of a specified provision of regulations in respect of matters referred to in section 18(2) if in the opinion of the Minister the exemption is in the public interest and is not likely to threaten safe railway operations. On March 11, 2020 the World Health Organization declared a pandemic outbreak of novel coronavirus (COVID – 19). On March 16, 2020 the Provincial Health Officer issued the Order of the Provincial Health Officer “Class Order (mass gatherings) re COVID -19. By cover letters dated March 20, 2020, the Director General, Railway Safety, on authority of the Minister of Transport, issued Notice of Exemption X-20 – 04 and Notice of Exemption X – 20 – 03, each dated March 20, 2020, in respect of the railway companies listed in each Notice (the “Federal Exemption Notices”). By letter dated April 2, 2020 Technical Safety BC advised me that Technical Safety BC (“TSBC”) supports the approach illustrated in the Federal Exemption Notices as further detailed in the TSBC letter. EXEMPTIONS Having taken the foregoing into consideration, I am of the opinion that exemptions, on an interim basis, from the application of the specified provisions of the following rules and regulations referenced in paragraphs 1 through to and including 3, below in this Notice, on the specified terms and conditions, set out in paragraphs A and B, are in the public interest and are not likely to threaten safe railway operations. THEREFORE, I hereby provide notice that: 1. each railway company, as defined in the Railway Safety Act S.BC.C 2004, c.8, holding an operating permit issued under section 11 of the Railway Safety Act (BC) including the railway companies listed in Appendix “A” to this Notice (collectively, the “Railway Companies”) are exempted from the application of the following specified provisions of the following listed rules and regulations: a. Section 10(1) of the Railway Employee Qualification Standards Regulations, Railway Safety Act Ministerial Notice of Exemptions b. That part of Paragraph 7.1 c) of the Rules Respecting Track Safety requiring that “Recertification must be completed at intervals not exceeding three years.”, c. Paragraph 7.3 d) of the Rules Respecting Track Safety, and d. save and except for the British Columbia Rapid Transit Company and Intransit BC Limited Partnership, Part A (vii) of the General Rules, of the Canadian Rail Operating Rules, and I hereby provide further notice that: 2. British Columbia Rapid Transit Company is exempted from the application of Section 2.4.1 of the SkyTrain Rule Book; and 3. Intransit BC Limited Partnership is exempted from the application of Section 4.1.1(e) of the Canada Line Rail Operating Rules, all, subject to the following terms and conditions: A. that each of the Railway Companies, British Columbia Rapid Transit Company and Intransit BC Limited Partnership, shall keep records of any person whose qualification period has been extended subject to and in accordance with this Notice, and B. that the exemptions set out in this Notice do not remove or qualify the obligation on the part of each of the Railway Companies, British Columbia Rapid Transit Company and Intransit BC Limited Partnership to ensure that persons have the necessary knowledge to safely undertake their duties. The exemptions set out in this Notice will be in effect until the earlier of November 1, 2020 or the effective date of a further notice by the Minister of Transportation and Infrastructure that these exemptions are revoked. THIS NOTICE is dated as of April 22, 2020. ____________________________ The Honourable Claire Trevena Minister of Transportation and Infrastructure 2 | P a g e Railway Safety Act Ministerial Notice of Exemptions APPENDIX “A” to Ministerial Railway Safety Act Exemptions Notice 1. A.B.C. Recycling (North) Ltd., Fort St. John 2. A.B.C. Recycling (North) Ltd., Prince George 3. A.B.C. Recycling (North) Ltd., Terrace 4. A.B.C. Recycling Ltd., Burnaby 5. A.B.C. Recycling Ltd., Surrey 6. A.J. Forsyth, Delta 7. A.J. Forsyth, Prince George 8. Agro Source Ltd. 9. Altagas Processing Partnership (North Pine Facility) 10. Apollo Forest Products Ltd. 11. Arrow Transportation Systems Inc. 12. Ashcroft Terminal Ltd 13. Babine Forest Products Limited 14. BCR Properties Ltd. 15. Billabong Road and Bridge 16. Billabong Road and Bridge 17. Blue Water Rail Services Limited Partnership 18. Brink Forest Products Ltd. 19. British Columbia Forest Museum 20. British Columbia Institute of Technology - BCIT Training Railway 21. CalPortland Canada Ltd. 22. Cameron River Logistics Inc. 23. Cando Rail Services (BC) Ltd. 24. Canfor Energy North Limited Partnership (Pacific Bio) - Chetwynd Operation 25. Canfor Energy North Limited Partnership (Pacific Bio) Fort St John Operation 26. Canfor Ltd., Canal Flats Div. 27. Canfor Ltd., Chetwynd 28. Canfor Ltd., Houston Sml Div 29. Canfor Ltd., Isle Pierre 30. Canfor Ltd., Plateau 31. Canfor Ltd., Pr George Saw Mill 32. Canfor Pulp LP - Northwood Mill 33. Canfor Pulp LP - Prince George Pulp & Paper Mills 34. Canfor Pulp LP - Taylor Pulp 35. Canron 36. Cariboo Central Railroad Contracting Ltd. 37. Carrier Lumber Ltd. 38. Catalyst Paper Corporation, Crofton Div. 39. Catalyst Paper Corporation, Powell R. Div. 40. Central Fraser Valley Transload & Sales Ltd. 3 | P a g e Railway Safety Act Ministerial Notice of Exemptions 41. Central Salvage Ltd (Kamloops) 42. Certainteed Gypsum Canada Inc. 43. CertainTeed Gypsum Canada Ltd - Invermere 44. Chemtrade Chemicals Canada Ltd. 45. Chemtrade Electrochem Ltd. 46. Chemtrade Pulp Chemicals 47. Chemtrade West GP Inc. 48. Chetwynd Mechanical Pulp 49. Christina Lake Reload 50. CIPA 51. Coast 2000 Terminals Ltd. 52. Conifex Inc. - Fort St. James 53. Conifex Inc. - Mackenzie Forest Products Inc. 54. Conuma Coal Resources - Willow Creek 55. Conuma Coal Resources - Wolverine Coal 56. Crop Production Services (Canada) Inc. 57. Decker Lake Lumber, Hampton Affiliates 58. Domtar Pulp & Paper Products Inc. 59. Downtown Historic Railway 60. Dunkley Lumber Ltd. 61. Dunkley Lumber Ltd. - Mackenzie Operation 62. Duz Cho Logging 63. Energetic Logistics Services Ltd 64. Enersul LP 65. ERCO Worldwide 66. Euro Asia Transload Inc. 67. Evergreen Line 68. Falcon Contracting Ltd. 69. Fort Steele Historical Park 70. Fraser - Fort George Museum Society 71. Fraser Valley Heritage Railway Society 72. Gibraltar Mines Ltd. 73. Gilbertson & Page (Canada) Inc. - (BSG) 74. Global Agricultural Trans-Loading 75. Goodrich Terminal 76. Grand Forks Railway Co. 77. Graymont Western Canada Inc. 78. HCA Mountain Minerals (Moberly) Ltd 79. Howe Sound Pulp & Paper Corporation 80. Interfor 81. International Raw Materials Ltd. 82. Intransit BC Limited Partnership - Canada Line 83. Kamloops Heritage Railway 84. Kettle Valley Steam Railway 85. Koppers Ashcroft Inc. 86. Lafarge Canada Inc., Castlegar 4 | P a g e Railway Safety Act Ministerial Notice of Exemptions 87. Lafarge Canada Inc., Fort St John 88. Lafarge Canada Inc., Kamloops 89. Lafarge Canada Inc., Richmond 90. Lakeland Mills Ltd. 91. Lakes District Maintenance Inc. 92. Lakeside Reload 93. LaPrairie Works Oilfields Services Inc. 94. Lavington Pellet Limited Partnership 95. Lehigh Hanson Materials Limited - Delta 96. Lehigh Hanson Materials Limited - Ft St John 97. Lehigh Northwest Cement Limited, Dan Gamache Trucking 98. Lhoist North America 99. LNG Canada Development Inc. 100. Louis Dreyfus Canada 101. Louisiana Pacific Canada Ltd. 102. LP Peace Valley 103. Mackenzie Pulp Mill Corporation 104. Mercer Celgar LP, Castlegar 105. Mitsui Homes Canada 106. Moly-Cop Canada 107. Nanaimo Forest Products Ltd - Harmac Pacific 108. Nechako Lumber 109. Nechako Northcoast Construction 110. Nelson and Fort Sheppard Railway 111. Nelson Electric Tramway Society 112. Neucel Specialty Cellulose Ltd. 113. North Coast Reload 114. North Thompson Rail Terminals Inc. 115. Northern Engineer Wood Products (NewPro) 116. Olympia Transportation Ltd. 117. Pacific Abrasives and Supply Inc. 118. Pacific Bio Energy Corporation 119. Parrish & Heimbecker Limited, Cloverdale 120. Peace Country Petroleum Sales Ltd., Fort Nelson 121. Peace Country Petroleum, Dawson Creek 122. Peace River Coal Inc. 123. Pembina Prince Rupert 124. Pembina, Younger Plant 125. Pinnacle Renewable Energy Armstrong 126. Pinnacle Renewable Energy Burns Lake 127. Pinnacle Renewable Energy Houston 128. Pinnacle Renewable Energy Meadowbank 129. Pinnacle Renewable Energy Williams Lake 130. Preferred Sands of Canada, Fort Nelson 131. Premium Pellet Ltd. 132. Prince George Railway & Forest Museum 5 | P a g e Railway Safety Act Ministerial Notice of Exemptions 133. Progressive Ventures 134. Progressive Ventures Group 135. Reagle Terminals Inc 136. Richmond Steel Recycling Limited (Fort St. John) 137. Richmond Steel Recycling Limited (Kamloops) 138. Richmond Steel Recycling Limited (Prince George) 139. Rio Tinto Alcan Inc. 140. Royal Group Inc. 141. Savona Specialty Plywood Co. Ltd. 142. Schlumberger 143. Skeena Sawmill 144. Skookumchuck Pulp Inc 145. SkyTrain (British Columbia Rapid Transit) 146. Smithers Pellet Inc. 147. Source Energy Services 148. Source Energy Services Canadian Logistics LP GP LTD. - Fort Nelson II 149. Source Energy Services, Chetwynd 150. Southern Railway of BC 151. Southern Railway of Vanc. Island 152. SSAB 153. Stella-Jones Inc. New Westminster 154. Stella-Jones Inc. Prince George 155. Sullivan Mine & Railway Historical Society 156. Supreme Animal Nutrition Inc. 157. Teck Coal Limited - Coal Mountain 158. Teck Coal Limited - Elkview 159.
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