Railway Safety Act

Marginal note:Power of railway company to enter land adjoining line of railway

• 25 (1) For the purpose of preventing a threat to safe railway operations on a line of railway operated by a railway company, or for the purpose of restoring safe railway operations on a line of railway operated by a railway company,

  • (a) the company may

    • (i) at any time, enter onto any land adjoining the land on which the line of railway is situated for the purpose of maintaining or altering railway works or removing obstructions to them if no other access to the line of railway is reasonably available, and

    • (ii) remain on the land for as long as is necessary to accomplish that purpose;

  • (b) the company may, at any time, enter onto any land adjoining the land on which the line of railway is situated for the purpose of dealing with any fire occurring on either of those lands;

  • (c) the company may, at any reasonable time, on giving notice in writing of its intention to do so to the owner of any land adjoining the land on which the line of railway is situated, enter onto that adjoining land to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e); or

  • (d) the company may, at any time between November 1 and March 31, enter onto any land adjoining the land on which the line of railway is situated to install or maintain a snow fence.

• Marginal note:Power of road authority to enter land adjoining line of railway

  (1.1) For the purpose of preventing a threat to safe railway operations at a road crossing, a road authority may at any reasonable time enter onto any land in the vicinity of the road crossing to cut down trees or brush that has been permitted to grow on that land in contravention of regulations made under paragraph 24(1)(e), if the road authority gives notice in writing to the owner of the land of its intention to do so.

• Marginal note:Removal of snow fences

  (2) A railway company that installs a snow fence on any land shall cause that snow fence to be removed on or before April 1 next following the date of its installation.

• Marginal note:Compensation

  (3) If the owner, lessee or occupier of adjoining land suffers a loss because of the exercise by a railway company or a road authority of a power conferred by this section, the railway company or road authority shall pay to that person any compensation in respect of that loss that they may agree on or, failing an agreement, that is determined under section 26, but the payment of compensation is not a condition precedent to the exercise of the power.