This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Railway Discontinuance of Services and Abandonment Regulations made under Section 48 of the
Railways Act
S.N.S. 1993, c. 11
O.I.C. 2001-548 (November 30, 2001, effective October 1, 1993), N.S. Reg. 145/2001
Citation
1 These regulations may be cited as the Railway Discontinuance of Services and Abandonment Regulations.Interpretation
2 In these regulations,(a) “abandonment” means the discontinuance of all services on a railway line by a railway company;
(b) “Act” means the Railways Act;
(c) “discontinuance of service” means the withdrawal of a railway service or a type of railway service on a railway line or portion of a railway line but does not include withdrawal of services from a yard, track, siding or spur or other auxiliary track.
Application to Board for discontinuance of service
3 An application by a railway company to the Board pursuant to subsection 41(2) of the Act for the discontinuance of service shall include the following:(a) a description of the railway line or portion of the railway line on which the service is to be discontinued;
(b) the proposed date of discontinuance of service;
(c) a list of shippers who, within the previous 12 months, used the service that is proposed to be discontinued; and
(d) a proposed discontinuance plan, including any plan to reduce service prior to the proposed date of discontinuance.
Notice of discontinuance of service
4 The notice of discontinuance of service required by clause 41(1)(a) of the Act shall be published in one or more newspapers having general circulation in the municipalities that would be most affected by the discontinuance of service and shall include the following information:(a) a description of the specified railway line;
(b) a statement that the railway company no longer intends to provide a railway service after the date of discontinuance; and
(c) if the specified railway line is no longer to be used for any railway service, a statement that the railway line or the operating interest in the railway line is available for sale, lease or transfer to a railway company for continued operation.
Sale, lease or transfer of railway line
5 A railway company proposing to purchase, lease or have transferred to it a specified railway service or railway line must apply for a licence, or an amendment to its licence, no later than 30 days after the final day of publication of the notice referred to in Section 4, in accordance with subsection 41(4) of the Act.Application to Board to abandon a railway line
6 An application by a railway company to the Board pursuant to subsection 42(2) of the Act for the abandonment of a railway line shall include the following information:(a) a description of the railway line to be abandoned;
(b) the proposed date of abandonment of the railway line;
(c) a list of shippers who, within the previous 12 months, used a railway service on the railway line that is proposed to be abandoned; and
(d) a proposed abandonment plan, including any plan to reduce railway service prior to the proposed date of abandonment.
Notice of abandonment
7 The notice of abandonment required by clause 42(1)(a) of the Act shall be published in one or more newspapers having general circulation in the municipalities that would be most affected by the abandonment and shall include the following information:(a) a description of the railway line to be abandoned; and
(b) a statement that the railway company no longer intends to provide railway service after the date of abandonment.