Marginal note:Special cases
(2) Without limiting the effect of subsection (1), this Part applies to
(a) a company operating a railway from the United States into Canada; and
(b) a railway, or a portion of a railway, whether or not constructed under the authority of an Act of Parliament, that is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament.
Marginal note:Works for the general advantage of Canada
(3) A railway or a portion of a railway mentioned in paragraph (2)(b) is declared to be a work for the general advantage of Canada.
Marginal note:Cessation of declaration
(4) A declaration by subsection (3) or by any other Act of Parliament that a railway is a work for the general advantage of Canada, or for the advantage of two or more provinces, ceases to have effect with respect to a line of the railway, or a portion of it, whose operation is discontinued under Division V or is the subject of a transfer under that Division to a person other than a company mentioned in paragraph (2)(b).
Marginal note:Special Act railways declared to be works for general advantage of Canada
89 If the construction or operation of a railway is authorized by a Special Act passed by the legislature of a province and the railway is declared by an Act of Parliament to be a work for the general advantage of Canada, this Part applies to the railway to the exclusion of any general railway Act of the province and any provisions of the Special Act that are inconsistent with this Part.
DIVISION IIConstruction and Operation of Railways
Certificate of Fitness
Marginal note:Certificate required
Marginal note:Exception — purchaser of railway
(2) Subsection (1) does not apply to a purchaser of a railway, or a portion of a railway, for a period of sixty days after the purchase if the railway or portion is purchased
Marginal note:Application for certificate of fitness
91 (1) Any person may apply for a certificate of fitness for a railway, including a person who owns or leases the railway or controls, either directly or indirectly, a person who owns or leases the railway.
Marginal note:Application for certain types of operations
(2) If a person proposes to operate in Canada primarily on the railway of another railway company, the application must indicate the termini and route of every line of railway proposed to be operated.
Marginal note:Issuance of certificate of fitness
92 (1) The Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.
Marginal note:Termini and route
(2) A certificate of fitness issued pursuant to an application mentioned in subsection 91(2) must specify the termini and route of every railway line to be operated.
(3) The Agency may make regulations for determining the adequacy of liability insurance coverage, including self-insurance.
Marginal note:Variation of certificate
Marginal note:Variation when running rights granted
(2) The Agency may vary a certificate of fitness when it
- 1996, c. 10, s. 93;
- 2000, c. 16, s. 3.
Marginal note:Notice of insurance changes
Marginal note:Suspension or cancellation
(2) The Agency may suspend or cancel the certificate if it determines that the liability insurance coverage is no longer adequate.
General Powers of Railway Companies
(a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;
(b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;
(c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;
(d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and
(e) do anything else necessary for the construction or operation of the railway.
Marginal note:Minimal damage
(2) The railway company shall do as little damage as possible in the exercise of the powers.
(3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.
(4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.
Noise and Vibration
95.1 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account
(a) its obligations under sections 113 and 114, if applicable;
(b) its operational requirements; and
(c) the area where the construction or operation takes place.
- 2007, c. 19, s. 29.
(2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.
Marginal note:Not statutory instruments
- 2007, c. 19, s. 29.
- Date modified: