BILL 36

An Act to Amend the Shortline Railways Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Shortline Railways Act, chapter S-8.1 of the Acts of New Brunswick, 1994, is amended by repealing the definition “shortline railway” and substituting the following:

“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)

2 The Act is amended by adding after section 8 the following:

Exemptions from regulations

8.1 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 section 8 if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety.

EXPLANATORY NOTES

Section 1

The existing definition is as follows:

“shortline railway”means a railway (chemin de fer de courtes lignes)

(a)  that a railway company operates or intends to operate within the Province for the carriage of passengers or freight, and

(b)  that has been the subject of

(i) an abandonment order issued under an Act of the Parliament of Canada, or

(ii) an order approving the sale, lease or conveyance of a line of railway under section 158 of the National Transportation Act, 1987 (Canada).

Section 2

New provision.