BILL NO. 65
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014
Railways Act
(amended)
The Honourable Geoff MacLellan
Minister of Transporation and Infrastructure Renewal
First Reading: October 31, 2014
Second Reading: October 31, 2014
Third Reading: November 6, 2014 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 1 updates the title of the Minister under the Railways Act.
(a) requires a maximum notice of 12 months and a minimum notice of 6 months for the discontinuance of a railway service; and
(b) makes an amendment that is consequential to Clause 3.
Clause 3 makes the abandonment of a railway line subject to the approval of the Minister rather than the Nova Scotia Utility and Review Board.
(a) removes the ability of a railway company to make concurrent applications to discontinue a railway service and to abandon a railway line; and
(b) sets out conditions that must be met before an application to abandon a railway line may be made.
(a) sets aside an application by Cape Breton & Central Nova Scotia Railway Limited to abandon part of its railway line; and
(b) provides that the railway company has no recourse against the Nova Scotia Government as a result of the setting aside of the application.
Clause 6 provides that Cape Breton & Central Nova Scotia Railway Limited has no recourse against the Nova Scotia Government as a result of this Act.
Clause 7 gives this Act retroactive effect.
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 Clause 3(d) of Chapter 11 of the Acts of 1993, the Railways Act, as amended by Chapter 12 of the Acts of 2001, is further amended by striking out "Public Works" in the second line and substituting "Infrastructure Renewal".
2 (1) Subsection 41(3) of Chapter 11 is amended by striking out "six" in the second line and substituting "twelve".
(2) Section 41 of Chapter 11, as amended by Chapter 12 of the Acts of 2001, is further amended by adding immediately after subsection (3) the following subsection:
(3) Subsection 41(4) of Chapter 11, as amended by Chapter 12 of the Acts of 2001, is further amended by striking out "to the Board" in the seventh line.
3 Section 42 of Chapter 11 is repealed and the following Section substituted:
(2) Where, with the approval of the Board, a railway line is no longer being used for any railway service, the Minister may, upon application by the owner or lessee of the railway line in accordance with the regulations, approve the abandonment of the railway line subject to such terms and conditions as the Minister may determine.
4 Section 43 of Chapter 11 is repealed and the following Section substituted:
(a) the completion by the Board of a hearing respecting the discontinuance of all railway service over the railway line;
(b) the expiry of the notice of discontinuance determined by the Board pursuant to clause 41(1)(a); and
(c) the satisfaction of all conditions in the discontinuance plan approved by the Board or otherwise ordered by the Board.
5 (1) The application made on or about October 6, 2014, by Cape Breton & Central Nova Scotia Railway Limited pursuant to the Railways Act to abandon approximately 98 miles of its railway line between milepost 17.02 at St. Peter's Junction and milepost 113.9 at Sydney is null and void and of no effect.
(2) No action lies against Her Majesty in right of the Province by Cape Breton & Central Nova Scotia Railway Limited as a result of subsection (1).
6 No action lies against Her Majesty in right of the Province by Cape Breton & Central Nova Scotia Railway Limited as a result of the retroactive amendment of the Railways Act by this Act.
7 This Act has effect on and after October 1, 2014.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 13, 2014. Send comments to legc.office@novascotia.ca.
