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i0   COMMISSION OF CONSERVATION

of-way, unless same are extinguished immediately thereafter. The only exception is in case pits are provided for this purpose.

Regulation 14 of Order No. 16,570 is so amended in Regulation 13 of General Order No. 107 as to require the railway companies to instruct their employees relative to reporting and extinguishing fire, instead of making the order apply directly to the employees, as previously.

A very important change is contained in Regulation 13 (e) of the new order, which makes it clear that the intent of the Board is to place the burden of proof upon the railway companies to extinguish fires occurring within 300 feet of the track, unless proof shall be furnished that such fires were not caused by the railway. The corresponding provision of Regulation 14 (e) of Order No. 16,570 was easily liable to misconstruction, the understanding being in some cases that the throwing of the burden of proof upon the railway companies was intended by the Board to extend to financial responsibility in connection with damage claims, instead of being limited to the extinguishing of fires. As the regulation now stands, it clearly has no bearing upon the question of damage claims.

The revision contained in Regulation 14 of General Order No. 107 provides for the posting of instructions to employees at terminals and section houses, in addition to stations, as required in the previous order. Provision is also made for the reissuance of such instructions to employees each year, under conditions stated. In addition, provision is made for elasticity in the enforcement of this regulation, by giving the Chief Fire Inspector full discretionary authority in the matter.

Regulation 17 of General Order No. 107 makes clear that any rail-way or other party interested may appeal to the Board from any order or direction of the Chief Fire Inspector. This privilege had of course existed previously, without specific inclusion in Order No. 16,570.

 

 

Following is a list of steam railways in operation or

Jurisdiction of

the Board   under construction, subject to the jurisdiction of the Board of Railway Commissioners for Canada. Algoma Central and Hudson Bay.

Algoma Eastern.

Atlantic, Quebec and Western.

Bay of Quinte (C.N.R. system).

Boston and Maine (Massawippi Valley).

British Yukon (White Pass and Yukon).

Brockville, Westport and Northwestern (C.N.R. system). Calgary and Fernie (tinder construction).

Canadian Northern.


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