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BILL NO. 27

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

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




                          CHAPTER 27
                       ACTS OF 1995-96




                 
                                                               
                                                               
                The Honourable Richard W. Mann
        Minister of Transportation and Communications


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                   An Act to Amend Chapter 11
                      of the Acts of 1993,
                        the Railways Act



         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.


         12 Upon the coming into force of Chapter 11 by
proclamation,

            (a) Sections 1 to 10 have effect on and after October 1,
         1993; and

            (b) Section 11 has effect on and after May 30, 1994.