Grade Crossings Regulations (SOR/2014-275)

Regulations are current to 2017-12-11

Emergency Vehicles

Marginal note:Passage of emergency vehicles

 Despite sections 97 and 98, if an emergency vehicle requires passage across a grade crossing, a company must take all necessary measures to immediately clear the grade crossing.

Stopping on Crossing Surface

Marginal note:Measures
  •  (1) A road authority must take measures to ensure that motor vehicles do not stop on the crossing surface of a public grade crossing, if there is evidence that queued traffic regularly stops on that crossing surface.

  • Marginal note:Interconnection

    (2) If the measures include interconnection with a warning system, the interconnection must meet the standards set out in articles 19.2 to 19.4 of the Grade Crossings Standards.

Construction of Intersection or Access Road

Marginal note:Intersection or access road

 A person may construct a road intersection or an access road on a road approach to a public grade crossing if

  • (a) the railway design speed is 25 km/h or less; or

  • (b) the location of the grade crossing meets the standards set out in article 11 of the Grade Crossings Standards.

Temporary Protection Measures

Marginal note:Threat or interference
  •  (1) When a railway company or a road authority undertakes, at a public grade crossing, an activity that could constitute a threat to, or that interferes with, the safety of railway operations, the railway company and the road authority must put in place the necessary protection measures to address the threat or the interference.

  • Marginal note:Details of activity

    (2) Within a reasonable period of time before the activity begins, whichever of the two — the railway company or the road authority — undertakes the activity must provide the other with sufficient details about the activity to determine the necessary protection measures to be put in place.

Marginal note:Malfunction, failure or condition

 When a railway company or a road authority is advised or becomes aware that a warning system, or a traffic control device that is interconnected with a warning system, has malfunctioned or failed, or that a condition exists that may cause a malfunction or failure, the railway company or the road authority, as the case may be, must

  • (a) notify the other of the malfunction, failure or condition, even if the existence of the malfunction, failure or condition is not confirmed;

  • (b) immediately put in place the necessary protection measures to address any threat to, or interference with, the safety of railway operations;

  • (c) immediately after putting in place the protection measures, notify the other of those measures; and

  • (d) within a reasonable period of time, take the necessary measures to restore the use of the grade crossing or remedy the malfunction, failure or condition.

Audible Warning

Marginal note:Prescribed requirements

 For the purposes of section 23.1 of the Railway Safety Act, the following requirements are prescribed:

  • (a) the area must be located

    • (i) within a railway right-of-way, on each side of a public grade crossing, and within 0.4 km from the outer edge of the crossing surface, as shown in Figure D-1 of the Grade Crossings Standards, and

    • (ii) within the road approach;

  • (b) the area must have a public grade crossing that has the applicable protection referred to in sections 105 to 107;

  • (c) the area must not have repeated incidents of unauthorized access to the line of railway; and

  • (d) the area must not require whistling for a grade crossing located outside the area.

Marginal note:Public grade crossing — motor vehicles
  •  (1) A public grade crossing set out in column A of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system set out in Table D-1 of the those Standards that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards.

  • Marginal note:Gate

    (2) If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.2 of those Standards.

Marginal note:Public grade crossing — sidewalk, path or trail
  •  (1) A public grade crossing set out in column B of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards.

  • Marginal note:Gate

    (2) If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.6 of those Standards.

  • Marginal note:Guide fencing

    (3) If a warning system without a gate is indicated as being required in Table D-1 of the Grade Crossings Standards, guide fencing must be installed to deter persons from crossing the line of railway other than at the grade crossing.

  • Marginal note:Guide fencing and barriers

    (4) If a warning system is not indicated as being required in column 5 of Table D-1 of the Grade Crossings Standards, guide fencing must be installed, as well as a barrier that is intended to slow a person’s approach to the grade crossing and to encourage a person to look both ways before crossing the grade crossing.

Marginal note:Stop and proceed

 Despite sections 105 and 106, if railway equipment must stop before proceeding across a public grade crossing that is located in an area referred to in section 104 and that is used by motor vehicles,

  • (a) a warning system with flashing lights and bells must be installed at the grade crossing and must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards; or

  • (b) the railway company must manually protect the grade crossing.

Records

Information Sharing

Marginal note:Railway company

 A railway company must keep the most recent information provided to a road authority under sections 4 to 11 and the most recent information received from a road authority under sections 12 to 18.

Inspection, Testing and Maintenance

Marginal note:Content
  •  (1) On the day on which a railway company inspects, tests or maintains a warning system, it must record the following information:

    • (a) the identity of the person who conducts the inspection, testing or maintenance;

    • (b) the date of the inspection, testing or maintenance;

    • (c) the precise location of the warning system;

    • (d) the reason for the inspection, testing or maintenance;

    • (e) a description of the inspection, testing or maintenance that is conducted;

    • (f) an indication of any malfunction or failure of a component of the warning system; and

    • (g) an indication of any deviation from the Grade Crossings Standards and the action taken to remedy it.

  • Marginal note:Integrity of record

    (2) The record must not be changed once it has been created.

  • Marginal note:Duration

    (3) The record must be kept for two years after the day on which it is created. However, if the Grade Crossings Standards specify an interval of two or more years between each inspection, each test or each maintenance activity, the record of the two latest inspections, tests or maintenance activities must be kept.

Temporary Protection Measures

Marginal note:Malfunction, failure or condition
  •  (1) A railway company must keep a record of any warning system malfunction or failure, or any condition that exists that may cause a malfunction or failure, of which it has been advised or has become aware under section 103 — even if the existence of the malfunction, failure or condition is not confirmed — and the record must contain the following information:

    • (a) the nature of the malfunction, failure or condition;

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

    • (c) the date and time that the railway company was advised or became aware of the malfunction, failure or condition;

    • (d) all of the measures taken by the railway company to address any threat to, or interference with, the safety of railway operations;

    • (e) the date and time that a representative of the railway company arrived at the grade crossing to

      • (i) take the measures referred to in paragraph (d), and

      • (ii) remedy the malfunction, failure or condition;

    • (f) all the measures taken by the railway company to restore the grade crossing to use or to remedy the malfunction, failure or condition, or the reason why no remedial action was taken, if applicable; and

    • (g) the date and time that the grade crossing was restored to use or the malfunction, failure or condition was remedied.

  • Marginal note:Duration

    (2) The record must be kept for two years after the day on which the railway company was advised or became aware of the malfunction, failure or condition.

 
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