Grade Crossings Regulations (SOR/2014-275)

Regulations are current to 2017-12-11

Application

Marginal note:Application
  •  (1) These Regulations apply in respect of public grade crossings and private grade crossings.

  • Marginal note:Railway company

    (2) Despite subsection (1), these Regulations do not apply in respect of a private grade crossing if the road is opened or maintained by a railway company that is the sole private authority at the grade crossing.

Compliance

Marginal note:Public grade crossing
  •  (1) Unless otherwise specified in an order of the Agency or in an agreement filed with the Agency under subsection 101(1) of the Canada Transportation Act, in the case of a public grade crossing,

    • (a) a railway company must ensure compliance with the requirements of these Regulations respecting

      • (i) a Railway Crossing sign, a Number of Tracks sign and an Emergency Notification sign,

      • (ii) the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) a warning system,

      • (iv) a crossing surface, other than its design, and

      • (v) sightlines within the railway right-of-way and over land adjoining the railway right-of-way, including the removal of trees and brush that obstruct the sightlines; and

    • (b) a road authority must ensure compliance with the requirements of these Regulations respecting

      • (i) the design, construction and maintenance of a road approach,

      • (ii) traffic control devices, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) the design of a crossing surface, and

      • (iv) sightlines within the land on which the road is situated and over land in the vicinity of the grade crossing, including the removal of trees and brush that obstruct the sightlines.

  • Marginal note:Private grade crossing

    (2) Unless otherwise specified in an order of the Agency under section 103 of the Canada Transportation Act, in the case of a private grade crossing,

    • (a) a railway company must ensure compliance with the requirements of these Regulations respecting

      • (i) a Railway Crossing sign, a Number of Tracks sign and an Emergency Notification sign,

      • (ii) the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) a warning system,

      • (iv) a crossing surface and a road approach within the railway right-of-way, including the selection of the road crossing design speed and design vehicle, and

      • (v) sightlines within the railway right-of-way and over land adjoining the railway right-of-way — other than sightlines over land owned by a private authority — including the removal of trees and brush that obstruct the sightlines; and

    • (b) a private authority must ensure compliance with the requirements of these Regulations respecting

      • (i) a road approach outside the railway right-of-way, other than the road crossing design speed and design vehicle,

      • (ii) traffic control devices on land owned by the private authority, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign, and

      • (iii) sightlines over land owned by the private authority up to the railway right-of-way, including the removal of trees and brush that obstruct the sightlines.

Information Sharing

Railway Company

Marginal note:Information
  •  (1) A railway company must provide a road authority, in writing, with the following information in respect of a public grade crossing:

    • (a) the precise location of the grade crossing;

    • (b) the number of tracks that cross the grade crossing;

    • (c) the average annual daily railway movements;

    • (d) the railway design speed;

    • (e) the warning system in place at the grade crossing;

    • (f) an indication of whether a Stop sign is installed on the same post as the Railway Crossing sign; and

    • (g) an indication of whether or not whistling is required when railway equipment is approaching the grade crossing.

  • Marginal note:Timing

    (2) The information must be provided on receipt of a notice under section 3 of the Notice of Railway Works Regulations.

  • Marginal note:Timing — existing grade crossing

    (3) In the case of an existing grade crossing, the information must be provided not later than the day that is two years after the day on which these Regulations come into force, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period.

Marginal note:Change

 In the case of a change referred to in paragraph 28(a) or (b) or section 87, a railway company must provide a road authority, in writing, not later than 60 days before the day on which the change begins, with the details of the change and with the information referred to in subsection 4(1) relating to the change.

Marginal note:Railway design speed

 A railway company must notify a road authority in writing of an increase in the railway design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must specify in the notice the precise location of the grade crossing and the new railway design speed.

Marginal note:Exception

 Despite sections 5 and 6, a railway company may make a change referred to in those sections at any time if the road authority has advised the railway company that the requirements of these Regulations with which the road authority must comply with respect to the change are met.

Marginal note:Average annual daily railway movements

 A railway company must provide a road authority with the average annual daily railway movements when that value is three or more and the value increases by 50% or more relative to the previous value provided to the road authority.

Marginal note:Whistling

 If a railway company stops requiring the use of a whistle at a grade crossing, it must notify the road authority in writing of that change not later than 30 days after the day on which the change is made.

Marginal note:Transfer of line of railway

 If a line of railway at a public grade crossing is transferred from one railway company to another, the railway company to which the line of railway is transferred must, within seven days after the day on which the transfer takes effect, provide the road authority with the name, address, telephone number and email address of a contact person.

Marginal note:Date and contact information

 The information referred to in sections 4 to 6, 8 and 9 must include the date on which it is sent, the name and address of the railway company, and the name, telephone number and email address of the person who provides the information.

Road Authority

Marginal note:Information
  •  (1) A road authority must provide a railway company, in writing, with the following information in respect of a public grade crossing:

    • (a) the precise location of the grade crossing;

    • (b) the number of traffic lanes that cross the crossing surface;

    • (c) the average annual daily traffic;

    • (d) the road crossing design speed;

    • (e) the specifications set out in columns A, B and C of Table 10-2 of the Grade Crossings Standards to which the road approach corresponds, taking into account the characteristics set out for rural roads in Table 10-3 of those Standards or the characteristics set out for urban roads in Table 10-4 of those Standards, as applicable;

    • (f) the width of each traffic lane and shoulder on the road approach;

    • (g) the design vehicle;

    • (h) the stopping sight distance;

    • (i) the average gradient of the road approach;

    • (j) the crossing angle referred to in article 6.5 of the Grade Crossings Standards;

    • (k) the applicable departure time referred to in article 10.3 of the Grade Crossings Standards;

    • (l) the activation time referred to in article 18.2 of the Grade Crossings Standards;

    • (m) the time referred to in article 19.3(a) of the Grade Crossings Standards; and

    • (n) an indication of whether the grade crossing includes a sidewalk, path or trail, and if so, whether the sidewalk, path or trail has been designated for persons using assistive devices.

  • Marginal note:Timing

    (2) The information must be provided on receipt of a notice under section 3 of the Notice of Railway Works Regulations.

  • Marginal note:Timing — existing grade crossing

    (3) In the case of an existing grade crossing, the information must be provided not later than the day that is two years after the day on which these Regulations come into force, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period.

 
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