Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2016-06-06 and last amended on 2015-07-30. Previous Versions

Marginal note:Complaints and investigations
  •  (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.

  • Marginal note:Restriction

    (2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.

  • 2007, c. 19, s. 29.
Marginal note:Public passenger service providers

 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.

  • 2007, c. 19, s. 29.

Land Transfer

Marginal note:Land taken pursuant to section 134 of Railway Act
  •  (1) Where a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown.

  • Marginal note:Alienation to other persons

    (2) The land may be transferred to any other person for the purpose of continuing railway operations if

    • (a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or

    • (b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.

  • Marginal note:Continuing application to subsequent transfers

    (3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.

  • Marginal note:Existing rights

    (4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.

Marginal note:Land obtained for railway purposes
  •  (1) Subject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land.

  • Marginal note:Transfer of authority

    (2) If the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.

Railway Lines

Marginal note:No construction without Agency approval
  •  (1) A railway company shall not construct a railway line without the approval of the Agency.

  • Marginal note:Grant of approval

    (2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.

  • Marginal note:Exception

    (3) No approval is needed for the construction of a railway line

    • (a) within the right of way of an existing railway line; or

    • (b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.

Marginal note:Filing agreements
  •  (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.

  • Marginal note:Effect of filing

    (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.

  • Marginal note:No agreement

    (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.

Road and Utility Crossings

Marginal note:Definitions

 In this section and section 101,

road crossing

franchissement routier

road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; (franchissement routier)

utility crossing

franchissement par desserte

utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; (franchissement par desserte)

utility line

desserte

utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)

Marginal note:Filing agreements
  •  (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.

  • Marginal note:Effect of filing

    (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.

  • Marginal note:No agreement on construction or maintenance

    (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.

  • Marginal note:No agreement on apportionment of costs

    (4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.

  • Marginal note:Non-application of section

    (5) This section does not apply in any circumstances where section 102 or 103 applies.

Private Crossings

Marginal note:Divided land

 If an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.

Marginal note:Other crossings may be ordered
  •  (1) If a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land.

  • Marginal note:Terms and conditions

    (2) The Agency may include in its order terms and conditions governing the construction and maintenance of the crossing.

  • Marginal note:Costs of construction and maintenance

    (3) The owner of the land shall pay the costs of constructing and maintaining the crossing.

DIVISION IIIFinancial Transactions of Railway Companies

Security

Marginal note:Deposit of mortgage, hypothec or security agreement
  •  (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:

    • (a) a mortgage or hypothec issued by a railway company;

    • (b) a security agreement entered into by a railway company;

    • (c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or

    • (d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.

  • Marginal note:Effect of deposit

    (2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.

  • 1996, c. 10, s. 104;
  • 1999, c. 31, s. 38(E);
  • 2007, c. 19, s. 30.
 
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