Marginal note:Compliance with Navigable Waters Protection Act

5. Where a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water within the meaning of the Navigable Waters Protection Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Navigable Waters Protection Act.

Marginal note:Coordination agreements between Department of Transport and Agency

6. The Minister may enter into agreements with the Agency

• (a) providing for the coordination of the activities of the Department of Transport and the Agency relating to the construction, alteration, operation or maintenance of railway works and railway equipment, and

• (b) providing for procedures to be followed by the Department and the Agency in the event that conflicting interests arise between them during their activities with respect to such matters,

and the Minister may, in consultation with the Agency, take such action as is necessary to ensure that the terms of any such agreement are disclosed to any railway company or other person likely to be affected by the agreement.

Marginal note:Regulations

• 7. (1) The Governor in Council may make regulations respecting engineering standards governing the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards.

• Marginal note:Railway company required to formulate standards

  (2) The Minister may, by order, require a railway company

  • (a) to formulate engineering standards governing any matters referred to in subsection (1) that are specified in the order or to revise its engineering standards governing those matters; and

  • (b) within a period specified in the order, to file the formulated or revised standards with the Minister for approval.

• Marginal note:Formulation or revision of standards

  (2.1) A railway company shall file with the Minister for approval any engineering standards in respect of any matter referred to in subsection (1) that it proposes to formulate or revise on its own initiative.

• Marginal note:Application of certain provisions

  (3) Subsections 19(4) to (11) apply in relation to standards referred to in subsection (2) or (2.1), with any modifications that the circumstances require and without regard to the references to relevant associations or organizations.

Marginal note:Regulations

7.1 The Governor in Council may make regulations regulating or prohibiting the construction of road crossings.