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For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 our office that are not yet included in this consolidation.

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Railway Notification and Licence Regulations

made under

Section 48 of the

Railways Act

S.N.S. 1993, c. 11

O.I.C. 2001-549 (effective October 1, 1993), N.S. Reg. 146/2001

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Interpretation and application

Requirements for notification

Requirements for licence application

Proof respecting safety standards

Insurance

Proof respecting financial viability

Notice requirements

Objections

Form A—Railway Application for Licence Permit

Citation

1 These regulations may be cited as the Railway Notification and Licence Regulations .

Interpretation and application

(1) In these regulations,

(a) “Act” means the Railways Act ;

(b) “self-insured retention” means a deductible that represents the amount of

risk for which the insured takes financial responsibility under an insurance

contract.

(2) For the purposes of the Act and these regulations, “construction” or “alteration” for

which notification is required pursuant to

Section 9 of the Act, means

(

a) construction of any new railway line that will

(

i) carry freight traffic at speeds over 15 mile per hour,

(ii) carry revenue passenger traffic, or

(iii) require the acquisition of land that has not previously been used for

railway purposes;

(

b) alteration, including realignment of any existing railway line that requires

the acquisition of additional land from adjacent owners;

(

c) construction or alteration of any crossing of a public road;

(

d) construction or alteration of any crossing of a railway line with any other

railway line;

(

e) connection of a railway line with any other railway line;

(

f) construction or alteration of any tunnel or railway bridge over 3 m in

length; or

(

g) a change in the conditions of a licence,

and “construct” or “alter” have corresponding meanings.

3 The licencing [licensing] requirements set out in the Act and these regulations apply to

(

a) the owner of a railway company who is carrying out any construction if an

operating licence has not previously been obtained; and

(

b) the new owner of an existing railway line or railway service that has been

acquired through an agreement of purchase and sale, lease, or any other

transaction.

Requirements for notification

4 A railway company applying to construct or alter a railway line pursuant subsection

10(1) of the Act shall submit the following items to the Board:

(

a) a written submission, which shall include

(

i) a description of the construction or alteration, and

(ii) the purpose for such construction or alteration;

(

b) the plans and specifications of the proposed construction or alteration

prepared and signed by a professional engineer;

(

c) any corporate documents required by the company to undertake such

construction or alteration;

(

d) if the construction involves the acquisition of new land, proof of ownership

of the new land;

(

e) where there is an agreement on apportionment of cost, a copy of the

agreement;

(

f) payment of the application fee in an amount determined by the Minister;

and

(

g) proof of public notice pursuant to

Section 9.

Requirements for licence application

5 An applicant for an operating licence pursuant to subsection 16(1) of the Act shall

submit the following items to the Board:

(

a) a completed application in Form A;

(

b) documents that prove to the satisfaction of the Board that the applicant has

the authority to own and operate a railway, including its letters of

incorporation;

(

c) an application fee of $100.00; and

(

d) proof of public notice pursuant to

Section 9;

(

e) proof satisfactory to the Board that the applicant meets safety standards, as

required by clause 17(1)(

a) of the Act, in accordance with

Section 6;

(

f) a certificate of insurance, as described in subsection 7(3);

(

g) proof satisfactory to the Board that the applicant has obtained insurance

coverage, as required by clause 17(1)(

b) of the Act in accordance with

Section 7;

(

h) proof satisfactory to the Board that the applicant has the financial viability

to operate the railway service for which application is sought, as required by

clause 17(1)(

c) of the Act, in accordance with

Section 8.

Proof respecting safety standards

6 Proof submitted to the Board pursuant to clause 5(

e) shall include:

(

a) a description of the railway service for which an operating licence is being

sought;

(

b) the reasons for which the operating licence is sought;

(

c) the safety management system proposed for operating the railway service

including a list of applicable rules and procedures;

(

d) a description of the program for training and monitoring the qualifications

of employees regarding the rules and procedures referred to in clause (c);

(

e) a copy of the applicant’s emergency response program respecting accidents,

with particular emphasis on accidents involving dangerous goods;

(

f) a description of the procedures for handling dangerous goods, indicating the

employee designated to act as resource person for all information relating to

the handling of dangerous goods;

(

g) a copy of the description of a construction or alteration identified pursuant

Section 4, if applicable; and

(

h) an inspection report prepared by a professional engineer on the railway line

for which the licence is sought, attesting that the railway line is safe for

operation and that the applicant meets the requirements of the Railway

Safety Regulations .

Insurance

(1) Every railway shall have in force a policy of insurance issued by a company duly

authorized to issue a policy in the Province which includes coverage of the

following areas:

(

a) goods being transported;

(

b) the applicant’s real and personal property, including its infrastructure and

rolling stock; and

(

c) third party liability, which shall provide a minimum total coverage of

$15,000,000 and, without restricting the generality of the foregoing, include

coverage of the following persons or topics:

(

i) bodily injury to or death of passengers, members of the public or the

applicants’s employees,

(ii) evacuation expenses,

(iii) fire suppression expenses, and

(iv) pollution clean-up expense.

(2) The insurance policy required by subsection (1) must

(

a) be endorsed to provide that the Crown in the right of Nova Scotia as

represented by the Utility and Review Board and the Department of

Transportation and Public Works, and the Crown in the right of Canada as

represented by the Minister of Transport are included as additional insured

relatives to the operations of the company; and

(

b) have a standard cross liability clause.

(3) The certificate of insurance submitted pursuant to clause 5(

f) shall indicate

(

a) the name and address of the Provincial railway company;

(

b) the name and address of the insurance broker or agent;

(

c) the policy number, date of issuance, date of effectiveness, date of expiry and

policy amount; and

(

d) the details of coverage disclosing the self-insured retention, the inclusion of

the cross liability clause and all exclusions of limitations, and the

endorsement of the Minister.

Proof respecting financial viability

8 Proof submitted to the Board pursuant to clause 5(

g) shall include

(

a) if the applicant is a new owner referred to in clause 3(b),

(

i) the financial statements for the majority shareholder of the Applicant

for the current year and the 3 previous years, and

(ii) a copy of the agreement of purchase and sale, lease or other means of

acquisition of the railway line for which the licence is sought;

(

b) if the applicant is other than as described in paragraph (a), the financial

statements of the applicant for the current year and the 3 previous years;

(

c) copies of any contracts between the applicant and another railway relating to

joint or cooperative arrangements for the handling of traffic; and

(

d) any business plans, including proforma financial statements.

Notice requirements

(1) Every applicant shall publish a notice of their application for an operating licence,

or notification of a proposed construction or alteration, unless the Minister

dispenses with the notice upon satisfactory demonstration by the applicant that the

application or proposed construction or alteration involves minimal safety

implications.

(2) A notice pursuant to subsection (1) shall be provided by publication once a week

for 3 weeks in a newspaper having general circulation in the locality in which the

proposed operation, construction or alteration is located.

Objections

(1) A person directly affected by an application for an operating licence may object in

writing to the application notification within 5 days of the publication of a notice

pursuant to

Section 9, on the grounds that the intended operation of the railway

line or proposed construction or alteration is or may be unsafe for the carriage of

passengers or freight, to employees of the railway or to adjacent property.

(2) The Board may consider an objection made pursuant to subsection (1) along with

any other proof relating to the application and safe operation of the railway when

deciding whether to issue a licence.

________________________________________________________________

Form A—Railway Application for Licence Permit

pursuant to the Railways Act

Utility and Review Board

1. Application for: (Please mark the appropriate boxes.)

(

a) new licence □ amendment □ renewal □

(

b) freight □ passenger □

2. Application Information:

Complete company name:

Other names & abbreviations:

NS business address:

City Prov/State Postal code

Telephone Fax E-mail

Corporate address:

City Prov/State Postal code

Telephone Fax E-mail

3. Authorized Company Contacts:

At least 2 persons who can be reached during regular business hours and outside business

hours in the event of an emergency. (If more than 2 persons, please provide the same information on

a separate piece of paper. Please notify the Board in writing of any change in authorized contacts.)

Name:

Current address:

City Prov/State Postal code

Telephone (business hours):

Telephone (after hours):

Name:

Current address:

City Prov/State Postal code

Telephone (business hours):

Telephone (after hours):

4. If Applicant is a corporation please list:

(

a) Registry of Joint Stock Companies - Registry number

(

b) Officers and Directors Address/Telephone/Facsimile

(

c) The names of all persons who beneficially own, directly or indirectly, 10% or more of

the voting shares of the corporation or who exercise control or direction over 10% or

more of the votes attached to the voting shares of the corporation.

Names Address/Telephone/Facsimile

(

d) List financial statements and other information required by the Railway Notification

and Licence Regulations for the railway company and/or the parent company and attach

hereto.

5. Proposed Operation:

Briefly describe the proposed rail operation. Please include the following information:

(

i) map showing the line and any interchanges with other railways;

(ii) descriptions of the type of service (passenger/freight);

(iii) rolling stock and motive power (diesel, steam, electricity, etc.);

(iv) Safety Management System documentation;

(

v) Emergency Response Plan;

(vi) whether you plan to carry dangerous goods as defined by the Transportation of

Dangerous Good Act, 1992 (Canada).

Please include any additional information on your proposed operation that is relevant to

your application.

6. Insurance:

Please provide the following information:

(

a) new railway service - name of producer and proposed insurers providing coverage

(

b) existing railway - certificate of liability insurance

7. Applicant’s Declaration:

The applicant certifies that the information contained in this application is true, accurate and

complete, and acknowledges and accepts the responsibilities imposed by law on the

applicant in relation to the operation of a railway under the Railways Act under the

conditions and authority of a licence to be issued pursuant to this application.

Applicant’s name:

(please print)

Per:

name

position/title

signature date

Please submit completed application to the NS Utility and Review Board at

Physical address :

NS Utility and Review Board

Summit Place, 3 rd Floor

1601 Lower Water Street

Halifax NS B3J 3P6

Mailing address :

NS Utility and Review Board

P.O. Box 1692, Unit M

Halifax NS B3J 3S3

E-mail : uarb.board@gov.ns.ca

Tel : (902) 424-4448

Fax : (902) 424-3919

URB use only: File No. _______________ Initial Inspection

Application Date __/__/__ Adv. Date __/__/__ Fee Collected $ _______ __/__/__

Method of Payment ________________ Cheque/ID/Account No.

Legislative History

Reference Tables

Railway Notification and Licence Regulations

N.S. Reg.

146/2001

Railways Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Railway Notification and Licence Regulations made

under the Railways Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

146/2001

Oct 1, 1993

date specified

Dec 14, 2001

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference to the Department of Transportation and

Public Works in s. 7(2) should be read as a reference to the Department of

Transportation and Infrastructure Renewal in accordance with O.I.C. 2007-553 under

the Public Service Act , R.S.N.S.

1989, c. 376.

Oct 23, 2007

The reference to the Department of Transportation and

Public Works in s. 7(2) should be read as a reference to the Department of

Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act , R.S.N.S. 1989,

c. 376.

Feb 23, 2021

The reference to the Department of Transportation and

Public Works in s. 7(2) should be read as a reference to the Department of

Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

The references to the Utility

and Review Board should be read as references to the Regulatory Appeals Board

under the Energy and Regulatory Boards Act , S.N.S. 2024, c. 2, Sch A, in

accordance with amendments to the Act made by

Part XXXII of the Energy

Reform

(2024) Act , S.N.S. 2024, c.2, which replace references to the

Board in the Act effective on proclamation (N.S. Reg 233/2024) .

Apr 1, 2025

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.