Railway Safety Act (R.S.C., 1985, c. 32 (4th Supp.))

Marginal note:Sound engineering principles

• 11 (1) All work relating to railway works — including, but not limited to, design, construction, evaluation, maintenance and alteration — must be done in accordance with sound engineering principles.

• Marginal note:Engineering work

  (2) All engineering work relating to railway works must be approved by a professional engineer.

Grants for Proposed Railway Works and Other Undertakings Contributing to Safe Railway Operations and to Public Safety at Road Crossings

Marginal note:Grants relating to crossings at grade

• 12 (1) Where a proposed railway work

  • (a) would improve the safety of a crossing at grade of a road and a line of railway, or

  • (b) would cause or permit, in the interest of safe railway operations, the abandonment or relocation of a crossing at grade of a road and a line of railway,

  and that crossing has been in existence for public use for at least three years, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Idem

  (2) Where a proposed railway work results, directly or indirectly, from an order of the Agency under section 7 or 8 of the Railway Relocation and Crossing Act and would improve the safety of a crossing at grade of a road and a line of railway, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Time for applying for grant

  (3) The proponent may apply for a grant under this section only if

  • (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

  • (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

• Marginal note:Minister may authorize making of grant

  (4) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.

• Marginal note:Terms and conditions of grant

  (5) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

• Marginal note:Maximum grant level

  (6) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

• Extended meaning of railway work

  (7) In this section, railway work includes the relocation of any portion of a public road.

Marginal note:Agreements for closing road crossings

• 12.1 (1) The Minister may enter into an agreement with a person who has rights under Part III of the Canada Transportation Act, or otherwise, relating to a road crossing to close the crossing in the interest of safe railway operations.

• Marginal note:Grants relating to closing crossings

  (2) The agreement may provide for the making of a grant to the person by the Minister and may contain any terms and conditions relating to the closure that the Minister deems advisable. Once the agreement is made, the person’s rights relating to the crossing are extinguished.

Marginal note:Grants for construction or alteration of grade separations

• 13 (1) Where a proposed railway work consists of the construction or alteration, in the interest of safe railway operations, of a grade separation, the proponent may file an application with the Minister for a grant in respect of that proposed railway work.

• Marginal note:Time for applying for grant

  (2) The proponent may apply for a grant under this section only if

  • (a) where the Minister’s approval is not required under section 10, the proponent applies for the grant before undertaking the work; or

  • (b) where the Minister’s approval is required under section 10, the proponent applies for the grant at the same time as it files the request for approval under section 10.

• Marginal note:Minister may authorize making of grant

  (3) Where an application is received by the Minister under this section, the Minister may, if satisfied that the application has been duly made and that the safety of railway operations will be enhanced or sustained by the carrying out of the proposed railway work, authorize the making of a grant for the purpose of defraying a part of the construction or alteration cost of that work.

• Marginal note:Terms and conditions of grant

  (4) In authorizing the making of a grant under this section, the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the work.

• Marginal note:Maximum grant level

  (5) The amount of a grant that may be authorized by the Minister under this section in respect of a proposed railway work shall not exceed eighty per cent of the construction or alteration cost of the work, as determined by the Minister.

• Definition of grade separation

  (6) In this section, grade separation means structures necessary to provide for

  • (a) the passage of a public road under or over a line of railway; or

  • (b) the passage of a line of railway under or over a public road.

Marginal note:Grants for programs, studies, projects and works

• 14 (1) Where the Minister is satisfied that

  • (a) a program or study related to education or research,

  • (b) a project relating to the design, demonstration or evaluation of railway works or railway equipment, or

  • (c) the construction of a work, other than

    • (i) a railway work, or relocation of any portion of a public road, that would improve the safety of a crossing at grade of a public road and a line of railway,

    • (ii) a railway work, or relocation of any portion of a public road, that would cause or permit the abandonment or relocation of a crossing at grade of a public road and a line of railway, or

    • (iii) a railway work consisting of the construction or alteration of a grade separation, as defined in subsection 13(6),

    is likely to promote, or make a contribution to, safe railway operations, the Minister may authorize the making of a grant for the purpose of defraying the whole or part of the cost of undertaking that program, study, project or work.

• Marginal note:Terms and conditions of grant

  (2) In authorizing the making of a grant under subsection (1), the Minister may attach such terms and conditions to the grant as the Minister deems advisable, including requirements to provide the Minister with evidence of expenditure on the program, study, project or work.

Marginal note:Appropriation for grants

15 Grants authorized under section 12, 12.1, 13 or 14 shall be paid out of money appropriated by Parliament for that purpose.

Marginal note:Reference to Agency

• 16 (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act. The referral may be made either before or after construction or alteration of the work begins.

• Marginal note:Manner of reference

  (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations.

• Marginal note:Further information

  (3) The Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice.

• Marginal note:Agency to apportion expenditure

  (4) Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly.

• Marginal note:Limitation

  (4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.

• Marginal note:Regulations

  (5) The Agency may, with the approval of the Governor in Council, make regulations

  • (a) prescribing the form of the notice for a reference under this section; and

  • (b) prescribing the information to accompany that notice.

• Marginal note:Regulations – exemption

  (5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).

• Marginal note:Clarification

  (5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.

• Extended meaning of railway work

  (6) In this section, railway work includes the relocation of any portion of a public road.

• Marginal note:Interpretation

  (7) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act.

Marginal note:Minister may simultaneously consider requests for grant and for section 10 approval

• 17 (1) Where the proponent in relation to a railway work referred to in section 12 or 13 requests the Minister’s approval under section 10 and also applies under section 12 or 13 for a grant in respect of that work, the request for approval and the application for the grant may be dealt with at the same time.

• (2) [Repealed, 1999, c. 9, s. 11]

PART IIOperation and Maintenance of Railway Works and Equipment

Prohibitions

Marginal note:Requirement for certificate

• 17.1 (1) No person shall operate or maintain a railway, or operate railway equipment on a railway, without a railway operating certificate.

• Marginal note:Crossing maintenance

  (2) Subsection (1) does not apply to a person exempted under paragraph 17.9(1)(c) or to a municipality or road authority that maintains a crossing work.