Canada Railway Crossing Right-of-Way (3-CAN-g)
The Canadian Transportation Agency regulates railway utility crossings pursuant to the Canada – Transportation Act, S.C. 1996, c.10.
Railway Crossing Right-of-Way Process
3-CAN-g.1 to 3-CAN-g.3 – Negotiate a Railway Crossing Agreement
A developer may negotiate a Railway Crossing Agreement (Agreement) regarding the construction, maintenance and appropriation of costs with the railway company who owns the railway line that the proposed project will cross. The Agreement must clearly demonstrate the consent of both parties. Canadian Transportation Agency – Crossings: A Resource Tool Webpage. The Agency recommends the developer and railway company cover the following topics in their negotiation:
- Location of the crossing;
- A description of the project;
- The purpose of the project;
- Plans or drawing prepared to scale, signed and dated;
- Terms and conditions, such as those governing alteration, notice, process and supervision;
- Material Standards;
- Duration (including removal provisions);
- Costs, such as those related to construction, maintenance and restoration;
- Safety requirements;
- Environmental impact; and
- Other project-specific issues.
If the developer and the railway owner reach an Agreement, then either party may file the Agreement with the Agency. S.C. 1996, c.10 s. 101(1). When the agreement is filed, it becomes an Agency order authorizing the parties to construct the crossing as provided in the agreement. S.C. 1996, c.10 s. 101(2). The order for a utility crossing establishes a statutory right to cross at a specific location and registers the Agreement with the Agency as a court of record in the event of a future dispute. Canadian Transportation Agency – Crossings: A Resource Tool Webpage. If no Agreement is reached, then the developer must apply to the Agency for Authorization of a Railway Crossing instead. S.C. 1996, c.10 s. 101(3).
3-CAN-g.4 to 3-CAN-g.5 – Application for Authorization of a Railway Crossing
A developer must submit an Application for Authorization of a Railway Crossing to the Agency if the developer and the railway company fail to come to an Agreement. The Application must contain:
- The location of the crossing (including railway mileage and subdivision, the name of the road and town and/or land title co-ordinates);
- A description of the project, in the level of detail that would ordinarily be included in an agreement;
- The purpose of the project;
- A list or description of the issues to which both parties have agreed; and
- A list or description of the contentious issues to be resolved by the Agency, on which the other party will be given an opportunity to comment.
3-CAN-g.6 to 3-CAN-g.7 – Review Application Materials for Completeness
The Agency reviews the Application materials for administrative and technical completeness.
3-CAN-g.8 to 3-CAN-g.10 – Review Application Materials for Approval
The Agency reviews the Application to decide whether or not to authorize the proposed utility crossing.
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