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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 (November 30, 2001, effective October 1, 1993), N.S. Reg. 146/2001

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 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 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:

(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 Infrastructure Renewal, 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
[Note: the reference to the Department of Transportation and Public Works has been updated in accordance with Order in Council 2007-553 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 23, 2007.

(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
9 (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
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.


Form A

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 (business hours): ______________________
Name: _______________________________________________________________________
Current address: ________________________________________________________________
City _____________________Prov/State ___________________Postal code ______________
Telephone (business hours): ______________________
Telephone (business hours): ______________________
 
4. If Applicant is a corporation please list:
 
(a)Registry of Joint Stock Companies - Registry number _________
(b)Officers and DirectorsAddress/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.
 NamesAddress/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, 3rd 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. ___________________________