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
4 (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
5 (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.
The following regulations are not
yet in force and are not included in the current consolidation: