REVISED STATUTES, 1989
1 This Act may be cited as the Ferries Act. R.S., c. 168, s. 1.
Establishing municipal ferry
2 The council of each municipality may establish ferries over harbours, bays, rivers and creeks within the municipality, and agree with, and grant licenses to, ferrymen on one or both sides thereof, under such regulations, and at such rates of ferriage, as by the council are established. R.S., c. 168, s. 2.
Duties of ferryman
3 Every ferryman shall keep safe and good boats or vessels, in good repair and suitable for the ferry, and give ready attendance on the passengers, according to the regulations established by the council. R.S., c. 168, s. 3.
4 Every ferryman who
(a) does not comply with any regulation established by the council;
(b) takes more than the established rate of ferriage;
(c) fails to keep safe and good boats or vessels; or
(d) fails to give ready attendance to passengers,
shall for each such offence be liable to a penalty of not less than two dollars nor more than eight dollars, and to an action for damages by any person injured by such non-compliance, failure or omission. R.S., c. 168, s. 4.
5 (1) When a ferry has been established and the ferryman licensed, if any other person carries over the harbour, bay, river or creek whereon the ferry is established, any person, cattle or carriage for hire, unless by consent of the licensed ferryman, or on his not giving due attendance, such person shall for every offence be liable to a penalty of not less than one dollar nor more than four dollars and in default of payment to imprisonment for not less than five days nor more than ten days.
Replacement of ferryman
(2) If the licensed ferryman does not give attendance pursuant to the regulations, then any other person may supply his place and receive pay, as if licensed, until another ferryman is appointed.
Recovery of penalty
(3) The penalty imposed by this Section shall not be collected from any ferryman receiving government aid. R.S., c. 168, s. 5.
Jurisdiction over certain ferries
6 (1) Notwithstanding this Act or any other Act of the Legislature, the council of any municipality shall not have any power or jurisdiction with respect to
(a) the ferry from Grand Narrows to Iona;
(b) the ferry at Little Narrows;
(c) the ferry at Englishtown;
(d) the ferry from Gabarus to Louisbourg,
all in the Island of Cape Breton, and to
(e) the ferry at Petite Passage, Tiverton to Mainland, in the County of Digby;
(f) the ferry at Grand Passage, Freeport to Westport, in the County of Digby;
(g) the ferry at LaHave Mouth, west to east side, in the County of Lunenburg;
(h) the ferry at Chester to Tancook Islands in the County of Lunenburg;
(i) the ferry at Country Harbour, west to east side in the County of Guysborough;
(j) the ferry at Caribou to Pictou Island in the County of Pictou.
Power of Governor in Council
(2) The Governor in Council shall have with respect to these ferries all the power and jurisdiction that any council of a municipality has with respect to ferries.
Operation of provincial ferry
(3) The Governor in Council if he deems it expedient may operate and maintain any of these ferries and charge and collect ferriage at such rates as he thinks proper.
(4) The expenses of operating and maintaining these ferries shall be defrayed out of the revenue derived from such ferries and in case such revenue is in any year insufficient the deficiency shall be payable out of the Provincial Highway Fund. R.S., c. 168, s. 6.