Notice of Railway Works Regulations (SOR/91-103)

Regulations are current to 2017-12-11

Notice of Railway Works Regulations

SOR/91-103

RAILWAY SAFETY ACT

Registration 1991-01-17

Regulations Respecting Notice of Proposed Railway Works

P.C. 1991-37 1991-01-17

Whereas, pursuant to section 50 of the Railway Safety ActFootnote *, a copy of the proposed Regulations respecting notice of proposed railway works, substantially in the form set out hereto, was published in the Canada Gazette Part I on December 24, 1988 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 8(1) and paragraph 47(a) of the Railway Safety ActFootnote *, is pleased hereby to make the annexed Regulations respecting notice of proposed railway works.

Short Title

 These Regulations may be cited as the Notice of Railway Works Regulations.

Interpretation

 In these Regulations, municipality means a municipality listed in Part 1 section 5 of the Canadian Almanac and Directory, published by Copp Clark Pitman Limited, Toronto, Ontario, as amended from time to time. (municipalité)

Prescribed Kinds of Works

 For the purposes of subsection 8(1) of the Railway Safety Act, the following are prescribed as railway works of a kind for which notice shall be given:

  • (a) the construction or alteration of a line of railway involving the acquisition of land in addition to land on which an existing line of railway is situated;

  • (b) the construction or alteration in a municipality of railway bridges and culverts having an overall span greater than six metres and railway tunnels;

  • (c) the construction or alteration of structures located above or below a line of railway by a party other than a railway company, but excluding a mine or an oil or gas well;

  • (d) the construction or alteration of road crossings for public use, including the installation or alteration of road crossing warning systems, but excluding the installation or alteration of road crossing signs; and

  • (e) the construction or alteration of any line works that may affect drainage on land adjoining the land on which a line of railway is situated.

  • SOR/94-692, s. 4.

Time and Content of Notice

 The notice referred to in section 3 shall

  • (a) be given at least 60 days before the proposed date of commencement of the proposed railway works;

  • (b) set out the period, not less than 60 days, during which objections, pursuant to subsection 8(2) of the Railway Safety Act, may be filed; and

  • (c) contain the following information, namely,

    • (i) a drawing showing the location of the proposed works,

    • (ii) a description of the proposed works with general plans, including elevations of proposed structures,

    • (iii) a description of any impact that the proposed works may have on the safety of persons and property, and

    • (iv) the proposed date of commencement and the projected time for completion of the proposed works.

Persons to Whom Notice Is to Be Given

  •  (1) A notice referred to in section 3 shall be given

    • (a) in the case of a railway company proposing to construct or alter line works, to the municipality, or municipalities, in which the line works will be or are located and to any owner of land immediately abutting land on which the line works are situated;

    • (b) in the case of any party proposing to construct a road crossing, excluding the installation of a road crossing warning system, to the following, namely,

      • (i) the railway company whose line is to be crossed,

      • (ii) the municipality in which the crossing works are to be located,

      • (iii) the authority having responsibility for the road in question, and

      • (iv) any owner of land immediately abutting land on which the crossing works are situated; and

    • (c) in the case of any party proposing to alter a road crossing or to install or alter a road crossing warning system, to the following, namely,

      • (i) the railway company whose line is crossed,

      • (ii) the municipality in which the crossing works are located, and

      • (iii) the authority having responsibility for the road in question.

  • (2) A copy of a notice referred to in subsection (1) shall be sent forthwith to the Director of the regional Railway Safety Directorate office having jurisdiction over the railway at the location of the proposed works.

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