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

Act current to 2015-11-16 and last amended on 2015-07-30. Previous Versions

Noise and Vibration

Marginal note:Obligation

 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.
Marginal note:Guidelines
  •  (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to

    • (a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and

    • (b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.

  • Marginal note:Consultations

    (2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.

  • Marginal note:Not statutory instruments

    (3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.

  • 2007, c. 19, s. 29.
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.