Ministerial Order re Allen Patrick Stanhope and Shawna-Lynn Stanhope
N.S. Reg. 140/2001
Nova Scotia — Gazette
© NS Registry of Regulations. Web version. 1021
Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 25, No. 24 December 14, 2001 Contents Act Reg. No. Page Environment Act Ministerial Orders re Allen Patrick Stanhope and Shawna-Lynn Stanhope ........................ 140/2001 1022 IMP Group International Incorporated, Kenneth C. Rowe, Dorothy Rowe, Julie Gossen, Stephen K. Rowe, Stephen K. Plummer, Kirk Rowe, Bernard P. O’Rouke, and Ronald J.
Campbell ............................. 142/2001 1029 Motor Vehicle Act W i n t e r P a r k i n g R e g u l a t i o n s ............................................. 141/2001 1024 Railways Act Proclamation, S. 55, S.N.S. 1993, c. 11 .................................... 143/2001 1032 Railway Discontinuance of Services and Abandonment Regulations ............. 145/2001 1041 R a i l w a y N o t i f i c a t i o n a n d L i c e n c e R e g u l a t i o n s ..............................146/2001 1043 R a i l w a y S a f e t y R e g u l a t i o n s ............................................. 144/2001 1034 NOW AVAILABLE The first issue of the 2002 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now being prepared by the Office of the Registrar of Regulations.
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1022 © NS Registry of Regulations. Web version. N.S. Reg. 140/2001 ROYAL GAZETTE
Part II Regulations N.S. Reg. 140/2001 Made: November 15, 2001 Filed: November 19, 2001 Ministerial Order re Allen Patrick Stanhope and Shawna-Lynn Stanhope Order dated November 15, 2001 made under subsection 125(1) of the Environment Act 20-01 IN THE MATTER OF
Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act - and - IN THE MATTER OF an Order issued pursuant to the provisions of the said Act to Allen Patrick Stanhope and Shawna-Lynn Stanhope, located at 74 Hubley Mill Lake Road, Upper Tantallon, Halifax County, Nova Scotia MINISTERIAL ORDER I.
WHEREAS Allen Patrick Stanhope and Shawna-Lynn Stanhope own, occupy, operate or are responsible for the operation of a plant, structure, facility, undertaking or thing, to wit: an on-site sewage disposal system which is located at 74 Hubley Mill Lake Road, Upper Tantallon, Halifax County, Nova Scotia, hereafter called the “Site”; II. AND
WHEREAS the Minister of Environment and Labour believes on reasonable and probable grounds that the persons named in this Ministerial Order have contravened the Environment Act and Regulations, including the following sections of the On-Site Sewage Disposal Regulations made pursuant to the Health Act and the Environment Act; 26(2)-failure to replace, alter, upgrade or repair a malfunctioning system as required by the Act or regulations; 27(2)-failure to replace, alter, repair or upgrade malfunctioning system as required by an inspector. Ill. AND
WHEREAS the Minister is of the opinion that it is in the public interest to do all things and take all steps necessary to comply with the Environment Act or to repair any injury or damage, or to control, eliminate or manage an adverse effect; IT IS HEREBY ORDERED: That pursuant to subsection 125(1) of the Environment Act, the persons named in this Ministerial Order shall, at their own cost, comply with the terms and conditions, including compliance times, set forth in
Schedule “A” attached to and forming part of this Ministerial Order. AND TAKE NOTICE if the persons to whom this Ministerial Order is directed fail to comply with the Ministerial Order, or any part thereof, the Minister, pursuant to [sub]section 132(2) of the Environment Act, may take
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Part II Regulations whatever action the Minister considers necessary to carry out the terms of the Ministerial Order and may recover any reasonable costs, expenses and charges incurred by the Minister pursuant to
Section 132 of the Environment Act. AND FURTHER TAKE NOTICE that the appeal provisions respecting the issuance of a Ministerial Order are more fully outlined in
Section 138 of the Environment Act, including a 30 day time period from the date of the issuance of the Ministerial Order to file an appeal. DATED at Halifax, Halifax County, Nova Scotia, November 15, 2001. Sgd.: David Morse Honourable David Morse Minister of Environment and Labour
SCHEDULE “A” TERMS AND CONDITIONS Allen Patrick Stanhope and Shawna-Lynn Stanhope (
a) The persons named in this Ministerial Order mu st hire a Qualified Person 1 to assess the site and design a suitable replacement on-site sewage disposal system or repair. (A list of Qualified Persons can be obtained by phoning the Association of Professional Engineers of Nova Scotia, phone 429-2250.)
(2) The persons named in this Ministerial Order sh all ensure that the Qualified Person l submits the design for the replacement on-site sewage disposal system or repair to the contact person within 20 days of receipt of this Order by the persons named in the Order.
(3) Within 15 days of the issuance of the approval of the design by the Department of Environment and Labour, the persons named in this Ministerial Order must have the approved replacement system installed on the Site.
(4) The contact person for the purposes of this Ministerial Order is: Eric MacLeod Nova Scotia Department of Environment and Labour Environmental Monitoring and Compliance Division Central Region, Bedford Office, Suite 224, 1595 Bedford Highway Bedford, Nova Scotia, B4A 3Y4 Phone: (902) 424-8183 Fax: (902) 424-0597
1024 © NS Registry of Regulations. Web version. N.S. Reg. 141/2001 ROYAL GAZETTE
Part II Regulations N.S. Reg. 141/2001 Made: November 15, 2001 Filed: November 20, 2001 Winter Parking Regulations Order dated November 15, 2001 made under
Section 202 of the Motor Vehicle Act WINTER PARKING REGULATIONS EFFECTIVE DECEMBER 17, 2001 Regulations made by the Deputy Provincial Traffic Authority Pursuant to
Section 202 of the Motor Vehicle Act R.S.N.S. 1989,
Chapter 293
WHEREAS due to the congestion on the streets and highways in the communities as listed on
Schedule “A”, caused by vehicular and pedestrian traffic and the limitation on the free use of the streets liable to be caused by the presence of snow and ice thereon, I am of the opinion that special conditions exist and I do so declare. THEREFORE under the authority of
Section 202 of the Motor Vehicle Act, as Deputy Provincial Traffic Authority for the Province of Nova Scotia, I make the following temporary regulations: 1 These regulations may be cited as the Winter Parking Regulations. 2( 1 ) Notwithstanding that certain traffic signs have been erected in the communities as listed on
Schedule “A” prohibiting or permitting vehicles to park or stand upon sections of highway during the hours stated thereon: (
a) no person shall park upon any highway or street in the communities as listed on
Schedule “A” between the hours of one o’clock in the forenoon and the hour of seven o’clock in the forenoon of the same day; (
b) no owner, driver or person having control or custody of any vehicle shall park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or streets in the communities as listed on
Schedule “A”, in such a manner as to hinder, inconvenience or prevent the proper removal of snow or ice from such highway or street; (
c) no owner, driver or pers on having control or custody of any vehicle shall during the period from one hour after any snow storm has commenced to two hours after such snow storm has stopped, park the vehicle if it is unattended by a person authorized to move and capable of operating the same, upon any highway or street of the communities as listed on
Schedule “A”.
(2) The provision[s] of subsection (1) shall not apply to:
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Part II Regulations (
a) a motor vehicle of a physician or surgeon parked reasonably near their office or residence and immediately available for professional calls; (
b) a motor vehicle parked by a physician or surgeon who is actually engaged in their professional occupation and reasonably near where he is so engaged; (
c) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a Police Constable or a member of the police or the armed services; (
d) a motor vehicle parked by an operator who is actually engaged in discharging their duties as a member of a Fire Department; (
e) a commercial vehicle parked by an opera tor for the purpose of loading or unloading merchandise; (
f) a motor vehicle belonging to a public utility company or corporation parked reasonably near the residence of an operator and immediately available for emergency calls. 3 No owner or person having control or custody of any vehicle which has been parked contrary to these regulations shall leave the same standing or parked upon any highway, street or community as listed on
Schedule “A”. 4 The time referred to shall be the time which is from time to time legally in effect in the Province of Nova Scotia. 5 It shall be an offence for any person to fail to comply with these regulations and such person will be liable to a penalty as provided by
Section 292 of the Motor Vehicle Act. 6 These regulations shall be in full force and effect from Monday, the 17th day of December, A.D. 2001 up to and including Sunday, the 31st day of March, A.D. 2002. DATED at Halifax, Nova Scotia, this 15th day of November, 2001. Sgd: Kenton Speiran Kenton Speiran, P. Eng. Deputy Provincial Traffic Authority for the Province of Nova Scotia
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Part II Regulations WINTER PARKING REGULATIONS EFFECTIVE DECEMBER 17, 2001 Regulations made by the Deputy Provincial Traffic Authority Pursuant to
Section 202 of the Motor Vehicle Act R.S.N.S. 1989,
Chapter 293
SCHEDULE “A” ANTIGONISH COUNTY
(1) Heritage Drive
(9) Ponderosa Drive
(2) Arbor Drive Extension
(10) Mountainview Drive
(3) Trotter Street
(11) West River Cross Road
(4) Sylvan Valley Road
(12) Whisper Avenue
(5) Grandview Road
(13) Wild Horse Drive
(6) Trinity Lane
(14) Townsend Street
(7) Greenwold Avenue
(15) Brierly Way
(8) MacIsaac’s Lane
(16) Crockett Court
(17) Vincent’s Way INVERNESS COUNTY RICHMOND COUNTY
(1) Village of Inverness
(1) Village of St. Peter’s VICTORIA COUNTY GUYSBOROUGH COUNTY
(1) Village of Baddeck
(1) Village of Sherbrooke
(2) Village of Guysborough CUMBERLAND COUNTY
(1) Village of Pugwash
(5) Athol Road
(2) Wallace
(6) D’Orsay Subdivision, East Amherst
(3) Village of River Hebert
(7) Biggs Drive, East Amherst
(4) Joggins
(8) Maccan COLCHESTER COUNTY
(1) Brookfield
(9) Barnhill Subdivision
(2) Village of Bible Hill
(10) Old Halifax Road
(3) Village of Tatamagouche
(11) Truro Heights
(4) Princeton Heights Subdivision
(12) Granville Drive, Onslow
(5) Salmon River
(13) Londonderry
(6) Hilden
(14) Lower Truro
(7) Sinclair Subdivision
(15) Parks Subdivision
(8) Townsend Subdivision
(16) MacKenzie Subdivision LUNENBURG COUNTY
(1) Village of Chester
(3) Village of New Germany
(2) Western Shore
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Part II Regulations DIGBY COUNTY
(1) Village of Weymouth
(5) Church Point (Trunk 1)
(2) Village of Bear River
(6) Saulnierville (Trunk 1)
(3) Village of Sandy Cove
(7) Meteghan (Trunk 1)
(4) Point Prim Road
(8) Comeauville (Trunk 1) ANNAPOLIS COUNTY
(1) Village of Lawrencetown
(16) Shady Rest Subdivision
(2) Streets in Granville Ferry
(17) Bonavista Subdivision
(3) Paradise (Trunk 1)
(18) Orchard Drive
(4) Aaron Park Subdivision
(19) Nictaux (Trunk 10)
(5) Baptist Church Subdivision
(20) Nictaux (Trunk 201)
(6) Jefferson Subdivision
(21) Nictaux Road
(7) Nictaux Flats Subdivision
(22) Taylor Road
(8) Pleasant Heights Subdivision
(23) Nictaux Falls (Trunk 10)
(9) Poplar Grove Subdivision
(24) Nictaux Falls Road
(10) Ward Estates Subdivision
(25) Torbrook Road
(11) Forest View Subdivision
(26) Springfield (Trunk 10)
(12) Brookside Dr/Pine Grove Crescent
(27) Bridgetown/Carleton Corner (Route 201)
(13) Hidden Valley Subdivision
(28) Bonaventure Subdivision
(14) South Street
(29) Welton Lane
(15) Whispering Pines Subdivision KINGS COUNTY
(1) Village of Aylesford
(18) North Alton
(2) Village of Canning
(19) North Kentville
(3) Village of Cornwallis Square
(20) Blomidon View Subdivision
(4) Village of Greenwood
(21) Brookside Acres Subdivision
(5) Village of Kingston
(22) Lunn’s Subdivision
(6) Village of New Minas
(23) Pinevale Subdivision
(7) Village of Port Williams
(24) Canard Acres Subdivision
(8) Aldershot
(25) Albert McPhee’s Subdivision
(9) Auburn
(26) Riverside Park Subdivision
(10) Cambridge
(27) Foley Park Subdivision
(11) Centreville
(28) Village Green Subdivision
(12) Coldbrook
(29) Silver Lake Subdivision
(13) Grand Pre
(30) Fox Hill Subdivision
(14) Greenwich
(31) Lamont Park Subdivision
(15) Hants Border
(32) Harry Balsor Subdivision
(16) Kingsport
(33) B. Morton Subdivision
(17) Eagle Crest Subdivision
(34) Fred Thomas Road from Rt. 341 north 0.5 km HANTS COUNTY
(1) Enfield
(11) Martock
(2) Elmsdale
(12) Curry’s Corner
(3) Lantz
(13) Brooklyn
(4) Milford
(14) Three Mile Plains
(5) Shubenacadie
(15) Garlands Crossing
(6) Lower Nine Mile River
(16) Five Mile Plains
(7) Mt. Uniacke
(17) Newport Station
(8) Etter Settlement
(18) St. Croix
(9) South Uniacke
(19) Ellershouse
(10) Falmouth
(20) East Uniacke
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Part II Regulations HALIFAX COUNTY
(1) Antrim
(44) Lower West Jeddore
(2) Bayside
(45) McGrath’s Cove
(3) Beaverbank
(46) Middle Musquodoboit
(4) Black Point
(47) Middle Porters Lake
(5) Boutilier’s Point
(48) Middle Village
(6) Brookside
(49) Mineville
(7) Carrolls Corner
(50) Musquodoboit Harbour
(8) Chezzetcook
(51) New Road
(9) Conrad Settlement
(52) Ostrea Lake
(10) Cooks Brook
(53) Peggy’s Cove
(11) Dean
(54) Pennant
(12) Dutch Settlement
(55) Pleasant Point
(13) East Chezzetcook
(56) Pockwock
(14) East Dover
(57) Porters Lake
(15) East Jeddore
(58) Portuguese Cove
(16) East Lawrencetown
(59) Preston (East)
(17) East Petpeswick
(60) Prospect
(18) Five Island Lake
(61) Queensland
(19) French Village
(62) Sambro
(20) Gaetz Brook
(63) Seabright
(21) Glen Haven
(64) Seaforth
(22) Glen Margaret
(65) Shad Bay
(23) Goodwood
(66) Sheet Harbour
(24) Grand Desert
(67) Sheldrake Lake
(25) Grand Lake
(68) Smith Settlement
(26) Hacketts Cove
(69) Stillwater Lake
(27) Hammonds Plains
(70) Tantallon
(28) Harrietsfield
(71) Terence Bay
(29) Hatchet Lake
(72) Three Fathom Harbour
(30) Head of Chezzetcook
(73) Upper Lawrencetown
(31) Head Jeddore
(74) Upper Musquodoboit
(32) Head of St. Margaret’s Bay
(75) Upper Sackville
(33) Hubbards
(76) Upper Tantallon
(34) Indian Harbour
(77) Wellington
(35) Ingramport
(78) West Chezzetcook
(36) Ketch Harbour
(79) West Dover
(37) Lake Echo
(80) West Jeddore
(38) Lake Egmont
(81) West Lawrencetown
(39) Lawrencetown
(82) West Petpeswick
(40) Lewis Lake
(83) Whites Lake
(41) Lower East Chezzetcook
(84) Williamswood
(42) Lower Tantallon
(85) Yankeetown
(43) Lower Three Fathom Harbour
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Part II Regulations N.S. Reg. 142/2001 Made: November 23, 2001 Filed: November 26, 2001 Ministerial Order re IMP Group International Incorporated, et al. Order dated November 23, 2001 made under subsection 125(1) of the Environment Act IN THE MATTER OF
Chapter 1 of the Statutes of Nova Scotia 1994-95, the Environment Act - and - IN THE MATTER OF an Order issued pursuant to the provisions of the said Act to IMP Group International Incorporated, a body corporate, located at or near Halifax, Halifax County, Nova Scotia, Kenneth C. Rowe, of Halifax, Halifax County, Nova Scotia; Dorothy Rowe, of Halifax, Halifax County, Nova Scotia; Julie Gossen, of Halifax, Halifax County, Nova Scotia; Stephen K. Rowe, of Halifax, Halifax County, Nova Scotia; Stephen K. Plummer, of Halifax, Halifax County, Nova Scotia; Kirk Rowe, of Beaconsfield, Province of Quebec; Bernard P.
O’Rourke, of Halifax, Halifax County, Nova Scotia and Ronald J. Campbell, Halifax, Halifax County, Nova Scotia. MINISTERIAL ORDER I.
WHEREAS IMP Group International Incorporated, Kenneth C Rowe, Dorothy Rowe, Julie Gossen, Stephen K Rowe, Stephen K Plummer, Kirk Rowe, Bernard P. O’Rourke and Ronald J. Campbell own, occupy, operate or are responsible for the operation of a plant, structure, facility, undertaking or thing, to wit: a former plastics operation which [is] operated under the name of “IMP Tool and Plastics LTD”, which is located at or near Hammonds Plains, in Halifax County, Province of Nova Scotia, hereafter called the “Site”; II. AND
WHEREAS the Minister of Environment and Labour believes on reasonable and probable grounds that the persons named in this Ministerial Order have contravened subsection 67(2) and
Section 71 of the Environment Act; Environment Act 67
(2) No person shall release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause a significant adverse effect, unless authorized by an approval or the regulations. 71 Any person responsible for the release of a substance under this Part shall, at that person’s own cost, and as soon as that person knows or ought to have known of the release of a substance into the environment that has caused, is causing or may cause an adverse effect, (
a) take all reasonable measures to
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Part II Regulations (
i) prevent, reduce and remedy the adverse effects of the substance, and (ii) remove or otherwise dispose of the substance in such a manner as to minimize adverse effects; (
b) take any other measures required by an inspector or an administrator; and (
c) rehabilitate the environment to a standard prescribed or adopted by the Department; II AND
WHEREAS the Minister is of the opinion that it is in the public interest to do all things and take all steps necessary to comply with the Environment Act or to repair any injury or damage, or to control, eliminate or manage an adverse effect; IT IS HEREBY ORDERED: That pursuant to subsection 125(1) of the Environment Act, the persons named in this Ministerial Order shall, at their own cost, comply with the terms and conditions, including compliance times, set forth in
Schedule “A” attached to and forming part of this Ministerial Order. AND TAKE NOTICE if the persons to whom this Ministerial Order is directed fail to comply with the Ministerial Order, or any part thereof, the Minister, pursuant to [sub]section 132(2) of the Environment Act, may take whatever action the Minister considers necessary to carry out the terms of the Ministerial Order and may recover any reasonable costs, expenses and charges incurred by the Minister pursuant to
Section 132 of the Environment Act. AND FURTHER TAKE NOTICE that the appeal provisions respecting the issuance of a Ministerial Order are more fully outlined in
Section 138 of the Environment Act, including a 30 day time period from the date of the issuance of the Ministerial Order to file an appeal. DATED at Halifax, Halifax County, Province of Nova Scotia, November 23, 2001. Sgd: David Morse The Minister of Environment and Labour
SCHEDULE “A” TERMS AND CONDITIONS IMP Group International Incorporated, Kenneth C Rowe, Dorothy Rowe, Julie Gossen, Stephen K Rowe, Stephen K Plummer, Kirk Rowe, Bernard O’Rourke and Ronald J. Campbell 1. Remediation Plan On or before December 7, 2001, the persons named in this Ministerial Order shall submit to the Nova Scotia Department of Environment and Labour for approval a Remediation Plan prepared by a independent professional consultant which addresses the following items:
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Part II Regulations (
a) a complete assessment in compliance with “Gui delines for Management of Contaminated Sites in Nova Scotia” dated March 27, 1996, to define the extent and level of tetrachloroethylene contamination both on and off the Site; (
b) a description of the remediation technologies and methodologies to be used to remediate the soil and groundwater both on and off the Site; (
c) a description of a program to monitor the soil and groundwater both on and off the Site for the duration of the remediation and to report the results to the Nova Scotia Department of Environment and Labour; (
d) a description of a long term groundwater monitoring program for the established perimeter wells, both on and off site; and (
e) a time
schedule to implement the remediation plan, including the removal or disposal of contaminants or waste. 2. Implementation Upon receipt of approval of the Remediation Plan by the Nova Scotia Department of Environment and Labour, the persons named in this Ministerial Order shall commence work under the remedial action plan and complete the same within the approved time periods. 3.
Progress Reports Once remediation has commenced under Item 2, the persons named in this Ministerial Order shall submit a written progress report to the Nova Scotia Department of Environment and Labour on a bi- weekly basis or at more frequent intervals if required by the Department. 4. Provision of Bottled Water Bottled water is to be continued to be supplied to those residents that have a detectable level of tetrachloroethylene in their water supply. 5.
Communication Plan On or before December 7, 2001, the persons named in this Ministerial Order shall submit to the Nova Scotia Department of Environment and Labour a communication plan whereby the residential community of Highland Park will be routinely updated on the site remediation and sampling program results. 6.
Department Contact Unless otherwise notified in writing by the Minister, the contact person in the Nova Scotia Department of Environment and Labour under this Ministerial Order to receive any reports and to issue any approvals is: Norma Bennett Inspector Specialist Central Regional Office Nova Scotia Department of Environment and Labour Suite 224, 1595 Bedford highway Bedford, Nova Scotia B4A 3Y4 Telephone: (902) 424-3852 Fax: (902) 424-0597
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Part II Regulations N.S. Reg. 143/2001 Made: November 30, 2001 Filed: November 30, 2001 Proclamation, S. 55, S.N.S. 1993, c. 11 Order in Council 2001-546 made November 30, 2001 Proclamation made by the Governor in Council pursuant to
Section 55 of the Railways Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated November 6, 2001, and pursuant to
Section 55 of
Chapter 11 of the Acts of 1993, the Railways Act, is pleased to order and declare by proclamation that
Chapter 11 of the Acts of 1993, the Railways Act, have effect on, from and after October 1, 1993. PROVINCE OF NOVA SCOTIA Sgd: Elizabeth A. Roscoe G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, GREETING: A PROCLAMATION
WHEREAS in and by
Section 55 of
Chapter 11 of the Acts of 1993, the Railways Act, it is enacted as follows: 55 This Act has effect on, from and after the first day of October, 1993, upon the Governor in Council so ordering and declaring by proclamation and shall accordingly be read, construed, interpreted and given effect on, from and after that date. AND
WHEREAS it is deemed expedient that
Chapter 11 of the Acts of 1993, the Railways Act, have effect on, from and after October 1, 1993;
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Part II Regulations NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that
Chapter 11 of the Acts of 1993, the Railways Act, have effect on, from and after October 1, 1993, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved Her Honour the Honourable Elizabeth A. Roscoe, Administrator of the Government of the Province of Nova Scotia.
AT Our Law Courts in the Halifax Regional Municipality, this 30th day of November, in the year of Our Lord two thousand and one and in the 50th year of Our Reign. BY COMMAND: Sgd: Michael G. Baker Provincial Secretary Minister of Justice and Attorney General
N.S. Reg. 144/2001 ROYAL GAZETTE
Part II Regulations 1034 © NS Registry of Regulations. Web version. N.S. Reg. 144/2001 Made: November 30, 2001 Filed: November 30, 2001 Railways Safety Regulations Order in Council 2001-547 made November 30, 2001 Regulations made by the Governor in Council pursuant to
Section 48 of the Railways Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated November 20, 2001, and pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act, is pleased to make regulations relating to railway safety in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 1, 1993.
SCHEDULE “A” Regulations Respecting Railway Safety made by the Governor in Council pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act Citation 1 These regulations may be cited as the Railway Safety Regulations.
Part 1 - Incorporation by Reference
Interpretation of
Part 1 2 In this part, (a) “CRC” means Consolidated Regulations of Ca nada made by the Government of Canada; (b) “CTC” means the Canadian Transport Commission; (c) “GO” means General Order of the Canadian Transportation Agency; (d) “RAC” means Railway Association of Canada; (e) “SOR” means Statutory Orders and Regulati ons made by the Government of Canada; and (f) “TC” means Transport Canada. Application of statutes, regulations, orders, rules and standards 3( 1 ) The statutory provisions, regulations, orders, rules and standards, as amended from time to time, that are listed in the following table shall apply to a railway company:
N.S. Reg. 144/2001 ROYAL GAZETTE
Part II Regulations © NS Registry of Regulations.
Web version. 1035 Rules and standards Canadian Rail Operating Rules, TC O-01 dated January 16, 1990 Rules For Protection of Track Units and Track Work, TC O-02 dated July 1, 2000 Railway Employee Radio Communication Rule, RAC Rule 22 dated September 9, 1994 Railway Freight and Passenger Train Brake Rules, TC O-07.1 dated October 25, 1994 (RAC Rule 1) Railway Freight Car Inspection and Safety Rules, TC O-06.1 dated October 25, 1994 (RAC Rule 5) Railway Locomotive Inspection and Safety Rules, TC O-13 dated September 18, 1997 (RAC Rule 25) Railway Signal and Traffic Control Systems Standards, TC E-7.1 dated August 26, 1996 (RAC Rule 24) Rules Respecting Track Safety, TC E-04.2 dated December, 1997 (RAC Rule 8) Standards Respecting Pipeline Crossings under Railways, TC E-10 dated June 21, 2000 Standard Respecting Railway Clearance, TC E-05 dated May 14, 1992 (RAC Rule 3) Railway Passenger Handling Safety Rules, TC-016 Rules for the Control and Prevention of Fires on Railway Rights-of-Way, TC E-06 (RAC Rule 21) Rule Respecting Mandatory Off-Duty Time for Railway Operating Employees Working in Covered Service, TC 0-0-04 (RAC Rule 15) Rules for the Installation, Inspection and Testing of Air Reservoirs (other than on locomotives), TC O- 0.10 (RAC Rule 12) Railway Passenger Car Inspection and Safety Rules, TC O-0.12 (RAC Rule 23) Regulations made pursuant to Railway Safety Act (Canada) Ammonium Nitrate Storage Facilities Regulations, CRC, c. 1145 (GO 0-36) Anhydrous Ammonia Bulk Storage Regulations, CRC, c. 1146 (GO 0-33)
N.S. Reg. 144/2001 ROYAL GAZETTE
Part II Regulations 1036 © NS Registry of Regulations. Web version.
Caboose-less train operations of CN&CP Rail, CTC Order R-41300 dated December 14, 1987, as amended by CTC Order R-41338 dated December 14, 1987, and Rule R-41300 1.1 and 1.22 dated November 5, 1990 Chlorine Tank Car Unloading Facilities Regulations, CRC, c. 1147 (GO 0-35) Flammable Liquids Bulk Storage Regulations, CRC, c. 1148 (GO 0-32) Handling of Carloads of Explosives on Railway Trackage Regulations, SOR/79-15 Heating and Power Boilers Regulations, CRC, c. 1151 (GO 0-11) Highway Crossings Protective Devices Regulations, CRC, c. 1183 (GO E-06) Liquified Petroleum Gases Bulk Storage Regulations, CRC, c. 1152 (GO 0-31) Locomotive Lights and Lamps Regulations, CRC, c. 1156 (GO 0-14) Mining Near Lines of Railways Regulations, SOR/91-104 (GO E-03) Notice of Railway Works Regulations, SOR/91-103 (GO E-02) Railway Employee Qualification Standards Regulations, SOR/87-150 (CTC 1987-3) Railway Engine Bell and Whistle Regulations, CRC, c. 1166 (GO 0-25) Railway Grade Separations Regulations, SOR/93-253 (GO E-05) Railway-Highway Crossing at Grade Regulations, SOR/80-748 (GO E-04) Railway Prevention of Electric Sparks Regulations, SOR/82-1015 Railway Safety Appliance Standards Regulations, CRC, c. 1171 (GO 0-10) Railway Safety Management System Regulations, SOR 10000-157 Railway Vision and Hearing Examination Regulations, CRC, c. 1173 (GO 0-9) Service Equipment Cars Regulations, SOR/86-922 (CTC 1986-9) Specification 112 and 114 Tank Cars Regulations, SOR/79-101 Wire Crossings and Proximities Regulations, CRC, c. 1195 (GO E-11)
N.S. Reg. 144/2001 ROYAL GAZETTE
Part II Regulations © NS Registry of Regulations. Web version. 1037 Regulation made under the Canadian Transportation Accident Investigation and Safety Board Act Transportation Safety Board Regulations, SOR/92-446
(2) A reference to the Canadian Transport Commission, the Commission, the Railway Transport Committee or the Committee in any of the statutory provisions, regulations, orders, rules and standards referred to in subsection (1) shall be read as a reference to the Minister.
Part 2 - The Ancillary Operating Rules
Interpretation of
Part 2 4( 1 ) In this Part, (a) “CROR” means the Canadian Rail Operating Rules made by the Railway Association of Canada pursuant to the Railway Safety Act (Canada); (b) “instructor” means a person who (
i) is employed by a railway company, and (ii) is authorized by the railway company to conduct examinations for employees pursuant to this Part; (c) “operating rules” means the CROR and this Part.
(2) For greater certainty, this
Part consists of a revised version of Regulation 0-8 of
Part I of the former Uniform Code of Operating Rules.
(3) Wherever in any document, rule, order or regulation reference is made to General Order No. 873, dated November 15, 1961, or General Order No. 0-8 of The Revised General Orders of the Board of Transport Commissioners for Canada, 1965, the reference shall be deemed to be a reference to this Part. Minimum age for employees 5( 1 ) No railway company shall employ any person under the age of 20 years as a conductor, an engine person or a train dispatcher.
(2) No railway company shall employ any person under the age of 18 years as a telegraph or telephone operator whose duties include the operation of trains or the handling of train orders. Examination on the operating rules 6 No railway company shall permit any person to work in any of the occupations set out in the following list or in any occupations designated by the railway company, the duties of which are governed by the operating rules, unless the person has passed with a mark of at least 80% a written examination on the specific operating rules that apply to that occupation: (
a) bridge foreman;
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Part II Regulations 1038 © NS Registry of Regulations. Web version. (
b) conductor; (
c) engine person; (
d) fireman helper; (
e) interlocking signal person; (
f) section foreman; (
g) snow plow foreman; (
h) switch tender; (
i) telegrapher; (
j) train baggage person; (
k) train dispatcher; (
l) trainman; (
m) yardman; (
n) yardmaster; and (
o) yard foreman. 7( 1 ) Every railway company shall ensure that an instructor in its employ conducts an oral examination on the operating rules, at intervals to be determined by the railway company but not to exceed 3 years, for each employee who works in any of the occupations referred to in
Section 6.
(2) No railway company shall permit any railway employee to work in any of the occupations referred to in subsection (1) who has not passed, within the determined interval and with a mark of at least 80%, an oral examination referred to in that subsection.
(3) Every railway company shall notify its employees by bulletin or otherwise of the dates upon which instructors will be available at the various locations to conduct the oral examinations referred to in subsection (1). Other examinations 8 No railway company shall permit any person to work in any of the occupations governed wholly or partly by statutory provisions, regulations, orders, rules and standards, other than the CROR, that are referred to in subsection 3(1) unless the person has passed, to the satisfaction of the company, such examinations as are prescribed by the railway company. Records and certificates 9( 1 ) A record of an oral examination referred to in
Section 7 shall be kept and retained by a railway company until the employee who took the examination ceases to be employed by the railway company.
(2) When an employee passes a written or an oral examination, a certificate to that effect shall be issued to the employee by an instructor and the employee shall carry the certificate when on duty. Protection of railway employees working in yards or on repair tracks 10
(1) The blue flag to be displayed by day and the blue light to be displayed by night, as required by Rule 26 of the CROR, shall be displayed at a height of 5 ft. above rail level on a steel frame secured to the rail.
(2) The blue flag day signal referred to in subsection (1) shall (
a) be of rigid material with minimum dimensi ons of 22 in. in height and 28 in. in width, with rounded corners;
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Part II Regulations © NS Registry of Regulations. Web version. 1039 (
b) be of a royal blue colour with a white border 1½ in. in width on both sides; and (
c) be set at right angles to the track between the switch and the first engine, car or train occupying the track. 11
(1) Every railway company shall (
a) lock with special locks all switches lead ing to the railway company’s regular repair tracks; and (
b) ensure that the keys to the special locks referred to in clause (
a) are carried by the foreman in charge of the repair work or another responsible person designated by the railway company.
(2) It is the duty of the foreman or other responsible person referred to in clause (1)(
b) to ensure that (
a) employees and workers engaged in repair work are warned and are at a safe distance from any cars or engines before any switching movement is made on the repair track; and (
b) the switches are re-locked after a switching movement is completed. Speed of trains and operating procedures over railway crossings at grade and drawbridges 12
(1) At an interlocked railway crossing at grade, unless otherwise authorized by the Minister for any specific crossing, the speed of any train or engine shall not exceed 35 m.p.h. until the entire train or engine has passed the crossing.
(2) At an interlocked drawbridge, the speed of any train or engine shall not exceed 25 m.p.h. until the entire train or engine has passed the bridge.
(3) At a non-interlocked railway crossing at grade or a non-interlocked drawbridge, “Stop” signs shall be erected at points 500 ft. in each direction from the crossing or frog, or each direction from the ends of the drawbridge, unless otherwise authorized by the Minister for specific reasons.
(4) All trains or engines shall be brought to a full stop at “Stop” signs referred to in subsection (3) and shall not proceed until a proper signal has been given for that purpose. Speed of trains at highway level crossings 13 When in any order made by an appropriate regulatory authority a speed limitation at a highway crossing at rail level is imposed upon any rail company, the speed limitation shall be deemed to have been complied with when the foremost part of the train engine or car has fully occupied the crossing at the speed specified in the order. Flagging equipment on engines 14
(1) Every engine operated by a railway company while in either yard or road service shall be equipped with full set of flagging signals.
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Part II Regulations 1040 © NS Registry of Regulations. Web version.
(2) For the purposes of subsection (1), a full set of flagging signals shall include at least (
a) a red flag on a staff; (
b) a white light; (
c) torpedoes; and (
d) fusees.
(3) All flagging signals shall be maintained in good order by the railway company and shall be available and ready for immediate use at all times. Signals at public crossing 15
(1) At a public crossing at grade where a watchman is stationed, the watchman shall display the following type of signal to warn pedestrians and persons in vehicles that a train is approaching: (
a) by day, a metal disc 16 in. in diameter, on a white background with a black border, with the word “Stop” inscribed on the disc in large black letters; and (
b) by night, a red light, whether or not gates are provided.
(2) The red light referred to in clause (1)(
b) shall be hooded so as to show along the road only. 16 At a public crossing where no watchman is stationed and where the trainman is required to protect the crossing during the time a train is uncoupled at it, the trainman shall use a hand signal by day and a clear (white light) lantern at night to protect the movements of vehicles over the crossing.
Appointment of conductor to protect light engine movements on main track 17 No light engine, either alone or coupled with other light engines, shall, where its movement is either on a single track or against the current of traffic on 2 tracks, be run a greater distance than 25 miles in any one direction without a conductor on board who is duly appointed and has successfully passed the appropriate examination in accordance with the requirements of Sections 1, 6 and 7. Use of reflectorized materials 18
(1) Every railway company that installs or replaces reflectorized signals shall ensure that the reflectorized signals are equipped with materials of Reflectivity Level II as described in the Standard for Marking Materials, Retroflective Enclosed Lenses, Adhesive Backing, issued by the Canadian General Standards Board under number 62-GP-11M and dated May 1978.
(2) Every railway company shall examine the material of its reflectorized signals at least once a year to determine the reflectivity level.
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Part II Regulations N.S. Reg. 145/2001 Made: November 30, 2001 Filed: November 30, 2001 Railways Discontinuance of Services and Abandonment Regulations Order in Council 2001-548 made November 30, 2001 Regulations made by the Governor in Council pursuant to
Section 48 of the Railways Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated November 2, 2001, and pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act, is pleased to make regulations relating to the discontinuance of railway services and abandonment of railway lines in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 1, 1993.
Schedule “A” Regulations Respecting the Discontinuance of Railway Services and Abandonment of Railway Lines made by the Governor in Council pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act 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.
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Part II Regulations 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.
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Part II Regulations N.S. Reg. 146/2001 Made: November 30, 2001 Filed: November 30, 2001 Railways Notification and Licence Regulations Order in Council 2001-549 made November 30, 2001 Regulations made by the Governor in Council pursuant to
Section 48 of the Railways Act The Governor in Council on the report and recommendation of the Minister of Transportation and Public Works dated November 2, 2001, and pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act, is pleased to make regulations relating to the notification and licence requirements for the operation, construction or alteration of railway lines in the form set forth in
Schedule “A” attached to and forming part of the report and recommendation, effective on and after October 1, 1993.
Schedule “A” Regulations Respecting Application for a Railway Licence and Notification pursuant to
Section 48 of
Chapter 11 of the Acts of 1993, the Railways Act Citation 1 These regulations may be cited as the Railway Notification and Licence Regulations.
Interpretation and application 2( 1 ) In these regulations, (a) “Act” means the Railways Act; (b) “self-insured retention” means a deductible th at 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 exis ting railway line that requires the acquisition of additional land from adjacent owners; (
c) construction or alteration of any crossing of a public road;
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Part II Regulations (
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 carryi ng 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 c onstruction or alteration prepared and signed by a professional engineer; (
c) any corporate documents required by the comp any 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;
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Part II Regulations (
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 app licant 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 app licant 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 appli cant 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 respon se program respecting accidents, with particular emphasis on accidents involving dangerous goods; (
f) a description of the procedures for handling da ngerous 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 to
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 7( 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:
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Part II Regulations (
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 th e 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-i nsured 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 sh areholder 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;
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Part II Regulations (
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 a nd another railway relating to joint or cooperative arrangements for the handling of traffic; and (
d) any business plans, including proforma financial statements. Notice requirements 9( 1 ) Every applicant shall publish a notice of their a pplication 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 provi ded 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 10 (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.
1048 © NS Registry of Regulations. Web version. Utility and Review Board RAILWAY APPLICATION FOR LICENCE PERMIT Pursuant to the Railways Act N.S. Reg. 146/2001 ROYAL GAZETTE
Part II Regulations Form A 1. Application for: (Please mark the appropriate boxes.) (
a) new licence G amendment G renewal G (
b) freight G passenger G 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): _________________________
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Part II Regulations 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 be neficially 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. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
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Part II Regulations 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. ________________