This consolidation is unofficial and is for reference only.

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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Private Railway Crossing Fees Regulations

made under

Section 48 of the

Railways Act

S.N.S. 1993, c. 11

O.I.C. 2011-49 (February 8, 2011), N.S. Reg. 23/2011

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

Definitions

Limit on crossing fee

Applying for approval to increase crossing fee

Board powers and procedures

Citation

1 These regulations may be cited as the Private Railway Crossing Fees Regulations .

Definitions

2 In these regulations,

“Act” means the Railways Act ;

“agreement” means an agreement between a person and a railway company about

constructing, maintaining or apportioning the costs of a private crossing;

“crossing fee” means the annual fee charged by a railway company in respect of a

private crossing;

“private crossing” means a road crossing or a utility crossing, as defined for

Section 12 of the Act, that has been constructed under the terms of an agreement;

“railway company” means a railway company as defined in the Act, and includes a

corporation that owns a railway and is entitled to carry on business in the Province.

Limit on crossing fee

3 Despite any agreement, a railway company must not charge a person a crossing fee of

more than $300, other than with the approval of the Board under

Section 4.

Applying for approval to increase crossing fee

(1) A railway company may apply annually to the Board for approval to increase a

crossing fee if the proposed increase would result in a crossing fee of more than

$300.

(2) On application under subsection (1), the Board may make an order for any of the

following that it considers just and reasonable in the circumstances:

(

a) refusing to approve the proposed fee increase;

(

b) approving the proposed fee increase;

(

c) setting a crossing fee other than the proposed increased fee.

Board powers and procedures

(1) In deciding an application under these regulations, the Board has all the powers set

out in the Utility and Review Board Act , including, except where otherwise

required by the Act, the powers to establish its own processes and procedures for

fulfilling its functions and duties under the Act and these regulations.

(2) The Board may require the use of any applications and forms, and require any

information to accompany the applications and forms, that it considers necessary to

carry out its powers and duties under these regulations.

Legislative History

Reference Tables

Private Railway Crossing Fees Regulations

N.S. Reg.

23/2011

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 Private Railway Crossing Fees 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

23/2011

Feb 8, 2011

date specified

Feb 25, 2011

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 in s. 5 to the Utility

and Review Board should be read as a reference to the Regulatory and 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.