Acts and Regulations

2011, c.220 - Shortline Railways Act

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Current to 1 January 2024
2011, c.220
Shortline Railways Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“Minister” means the Minister of Transportation and Infrastructure and includes any person designated by the Minister under section 7 to act on the Minister’s behalf.(ministre)
“railway” includes(chemin de fer)
(a) a part of a railway,
(b) all lines, stations, depots, wharves, rolling stock, equipment, stores, property and works connected with a railway,
(c) all bridges, tunnels and other structures used by a railway, and
(d) any crossing used by a railway.
“railway company” means a company that operates or intends to operate a shortline railway within the Province.(compagnie de chemin de fer)
“shortline railway” means a railway, within the legislative jurisdiction of the Province, that a railway company operates or intends to operate for the carriage of passengers or freight, and includes all railway lines that a railway company owns or proposes or is authorized to construct.(chemin de fer de courtes lignes)
1994, c.S-8.1, s.2; 2007, c.19, s.1; 2010, c.31, s.121
Application
2This Act applies to shortline railways established before, on or after the commencement of this section.
1994, c.S-8.1, s.2
Prohibitions
3(1)No person shall operate a shortline railway except
(a) in accordance with an agreement with the Minister that the Minister is authorized to enter into under section 4 and that continues in force, and
(b) in accordance with the regulations.
3(2)No person shall, without lawful excuse, enter on land on which a shortline railway is situated.
1994, c.S-8.1, s.3; 2011, c.4 (Supp.), s.1
Agreements
4The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with railway companies for the purpose of establishing and ensuring safe and efficient shortline railway operations within the Province.
1994, c.S-8.1, s.4
Inapplicability of The New Brunswick Railway Act
5The New Brunswick Railway Act, chapter 98 of the Revised Statutes of New Brunswick, 1927, does not apply to a shortline railway within the Province, or to a railway company with respect to the operation of a shortline railway within the Province.
1994, c.S-8.1, s.5
Offences
6(1)A person who violates or fails to comply with subsection 3(1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category J offence.
6(1.1)A person who violates or fails to comply with subsection 3(2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
6(2)If an offence under subsection (1) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1994, c.S-8.1, s.6; 2011, c.4 (Supp.), s.2
Administration
7The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf for the purposes of this Act.
1994, c.S-8.1, s.7
Regulations
8(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the safety of shortline railway operations;
(b) respecting the maintenance and operation of shortline railways;
(c) respecting the interconnection of railway lines;
(d) respecting the occupational health and safety of shortline railway employees;
(e) respecting the training and qualification of shortline railway employees;
(f) respecting the handling and transporting of dangerous goods on shortline railways;
(g) respecting shortline railway passenger and freight tolls and tariffs;
(h) respecting shortline railway operating rules;
(i) respecting crossings used by shortline railways;
(j) respecting rate or service complaints relating to shortline railways, and procedures for resolving such complaints;
(k) respecting the terms and conditions for the carriage of goods on shortline railways;
(l) respecting the discontinuance of shortline railway passenger service and the abandonment of shortline railway freight operations;
(m) respecting the construction and alteration of shortline railways;
(n) adopting by reference in whole or in part, with such changes as the Lieutenant-Governor in Council considers necessary, any regulation, code, standard, procedure or rule in relation to railways.
8(2)The Minister may, on any terms and conditions that the Minister considers necessary, exempt a railway company, shortline railway or other person from the application of a regulation made under subsection 8(1) if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety.
1994, c.S-8.1, s.8; 2007, c.19, s.2
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to April 26, 2013.