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BILL NO. 27



                                                        Government Bill

       
                                                                         
                  3rd Session, 56th General Assembly
                              Nova Scotia
                         44 Elizabeth II, 1995

       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                      An Act to Amend Chapter 11
                         of the Acts of 1993,
                           the Railways Act










       
                                                                         
                                                                         
                    The Honourable Richard W. Mann
             Minister of Transportation and Communications


       
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                         
                                                                       
       
                                                                         
                                Halifax
              Printed by Queen's Printer for Nova Scotia
                                   
                                   
                           Explanatory Notes








         Clause 1 provides that a permit to construct or alter a railway line is to be issued by the
Minister of Transportation and Communications instead of the Nova Scotia Utility and Review
Board.


         Subclause 2(1) requires the construction or alteration of a railway crossing to have the
approval of the Minister instead of the Board.

         Subclause 2(2) provides that the apportionment of the cost of construction or alteration
of a crossing is to be by the Board.


         Clause 3 requires a railway service to be operated in accordance with railway rules
approved by the Minister.



         Clause 4 requires the holder of a licence to operate a railway service to maintain
prescribed financial viability.


         Subclause 5(1) changes a "person having a crossing" to a "person responsible for a
crossing".

         Subclause 5(2) provides that the apportionment of the costs of maintaining a crossing is
to be by the Board.


         Clause 6 adds a reference to a practice constituting a threat to safe railway operations to
a provision respecting the determination of whether railway operations are safe.

         Clause 7 changes a reference to "inspector" to "railway inspector".



         Clause 8 changes a reference to "returns" to "reports".



         Clause 9

            (a) authorizes the Governor in Council to make regulations respecting the
         apportionment of the costs of railway crossings; and

            (b) removes a redundant provision.





         Clause 10 makes the contravention of an emergency directive of the Minister an offence.


         Clause 11

            (a) provides that the May 30, 1994, agreement between the Minister and the
         Windsor & Hantsport Railway Company Limited is deemed to be a licence to operate a
         railway service; and

            (b) authorizes future agreements with other railway companies.



An Act to Amend                 Chapter 11
of the Acts of                    1993,
the Railways Ac                     t



         Be it enacted by the Governor and Assembly as follows:


         1  Sections 10, 11 and 12 of Chapter 11 of the Acts of 1993, the Railways Act, are
amended by striking out "Board" wherever it appears therein and substituting "Minister".


         2  (1) Subsection 13(1) of Chapter 11 is amended by striking out "Board" in the last
line and substituting "Minister".

            (2) Subsection 13(2) of Chapter 11 is amended by adding "by the Board"
immediately after "apportioned" in the second line.


         3  Section 14 of Chapter 11 is amended by striking out ", where required by the
Minister, the required railway rules" in the last two lines and substituting "the railway rules
approved by the Minister".


         4    Subsection 17(2) of Chapter 11 is amended by adding "and financial viability"
immediately after "coverage" in the last line.


         5    (1)  Subsection 24(1) of Chapter 11 is amended by striking out "having" in the first
line and substituting "responsible for".

              (2)  Subsection 24(2) of Chapter 11 is amended by adding "by the Board"
immediately after "apportioned" in the last line.


         6    Section 33 of Chapter 11 is amended by adding ", practice" immediately after "act"
in the third line.


         7    Subsection 35(1) of Chapter 11 is amended by striking out "an" in the fourth last
line and substituting "a railway".


         8    Section 45 of Chapter 11 is amended by striking out "returns" in the last line and
substituting "reports".


         9    Subsection 48(1) of Chapter 11 is amended by

              (a)  adding ", including the apportionment of costs" immediately after "crossings"
         in clause (z);

              (b)  striking out the semicolon at the end of clause (aj) and substituting a period;
         and

              (c)  striking out clause (ak).


         10   Subsection 49(1) of Chapter 11 is amended by adding "or emergency directive"
immediately after "order" in the fourth line.


         11   Chapter 11 is amended by adding immediately after Section 52 the following
Sections:

              52A  The agreement dated the thirtieth day of May, 1994, between Her Majesty in
         right of the Province, represented by the Minister, and the Windsor & Hantsport Railway
         Company Limited is deemed to be a licence issued pursuant to this Act and, for greater
         certainty, is subject to the Act and regulations.

              52B  The Minister may, on behalf of Her Majesty in right of the Province, enter into
         an agreement with a railway company respecting the provision of a railway service by that
         company and, where the agreement so provides, the agreement is deemed to be a licence
         issued pursuant to this Act in respect of that service and, for greater certainly, is subject
         to the Act and regulations.