Grade Crossings Regulations
SOR/2014-275
Registration 2014-11-28
Grade Crossings Regulations
P.C. 2014-1296 2014-11-27
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 7(1)Footnote a, section 7.1Footnote b, subsections 18(1)Footnote c and (2)Footnote d, paragraph 23.1(1)(a)Footnote e, subsection 24(1)Footnote f and sections 37Footnote g and 47 of the Railway Safety ActFootnote h, makes the annexed Grade Crossings Regulations.
Return to footnote aS.C. 2012, c. 7, s. 7(1)
Return to footnote bS.C. 1999, c. 9, s. 4
Return to footnote cS.C. 2012, c. 7, s. 13
Return to footnote dS.C. 1999, c. 9, s. 12
Return to footnote eS.C. 1999, c. 9, s. 18
Return to footnote fS.C. 2012, c. 7, s. 16(1)
Return to footnote gS.C. 2012, c. 7. s. 30
Return to footnote hS.C., c. 32 (4th suppl.)
Interpretation
Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
- Advisory Speed Tab sign
Advisory Speed Tab sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panonceau Vitesse recommandée)
- average annual daily railway movements
average annual daily railway movements means the number of movements of engines, or engines coupled with railway equipment, across a grade crossing in a year, divided by the number of days in that year. (moyenne annuelle de mouvements ferroviaires quotidiens)
- average annual daily traffic
average annual daily traffic means the number of motor vehicles that cross a grade crossing in a year, divided by the number of days in that year. (débit journalier moyen annuel)
- crossing surface
crossing surface means the part of a road that lies between the ends of a railway tie and that has the width shown in Figure 5-1 of the Grade Crossings Standards. (surface de croisement)
- design vehicle
design vehicle means one of the vehicles shown in Figures 1.2.4.1 to 1.2.4.11 of the Geometric Design Guide for Canadian Roads, published by the Transportation Association of Canada and dated September 1999. (véhicule type)
- Emergency Notification sign
Emergency Notification sign means the sign referred to in article 8.5 of the Grade Crossings Standards. (panneau Avis d’urgence)
- existing grade crossing
existing grade crossing means a grade crossing for which actual construction is started before the day on which these Regulations come into force. (passage à niveau existant)
- grade crossing
grade crossing means a road crossing at grade, or two or more road crossings at grade where the lines of railway are not separated by more than 30 m. (passage à niveau)
- Grade Crossings Standards
Grade Crossings Standards means the Grade Crossings Standards published by the Department of Transport and dated January 1, 2019. (Normes sur les passages à niveau)
- new grade crossing
new grade crossing means a grade crossing for which actual construction is started on or after the day on which these Regulations come into force. (nouveau passage à niveau)
- Number of Tracks sign
Number of Tracks sign means the sign referred to in article 8.1.2 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Nombre de voies ferrées)
- Prepare to Stop at Railway Crossing sign
Prepare to Stop at Railway Crossing sign means the sign referred to in article 18.1 of the Grade Crossings Standards. (panneau Préparez-vous à arrêter à un passage à niveau)
- private authority
private authority means a person, other than a road authority, who has a right with respect to a private grade crossing. (autorité privée)
- private grade crossing
private grade crossing means a grade crossing that is not a public grade crossing. (passage à niveau privé)
- public grade crossing
public grade crossing means a grade crossing whose road is opened or maintained by a road authority and is designed for public use. (passage à niveau public)
- Railway Crossing Ahead sign
Railway Crossing Ahead sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panneau Signal avancé d’un passage à niveau)
- Railway Crossing sign
Railway Crossing sign means the sign and post referred to in article 8.1.1 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Passage à niveau)
- railway design speed
railway design speed means the railway equipment speed that corresponds to the current design of the grade crossing. (vitesse de référence sur la voie ferrée)
- road approach
road approach means the part of a road, other than the crossing surface, that lies between the point that marks the start of the stopping sight distance and the point that marks the front of a design vehicle when it is past the clearance point as shown in Figure 10-1 of the Grade Crossings Standards. (abord routier)
- road crossing design speed
road crossing design speed means the motor vehicle speed that corresponds to the current design of the grade crossing. (vitesse de référence au franchissement routier)
- sightlines
sightlines means the sightlines referred to in sections 20 and 21, as applicable. (lignes de visibilité)
- Stop Ahead sign
Stop Ahead sign means the sign referred to in article 8.3.1 of the Grade Crossings Standards. (panneau Signal avancé d’arrêt)
- Stop sign
Stop sign means the sign referred to in article 8.4.1 of the Grade Crossings Standards. (panneau Stop)
- stopping sight distance
stopping sight distance means the distance calculated in accordance with article 7.2 of the Grade Crossings Standards. (distance de visibilité d’arrêt)
- traffic control device
traffic control device means
(a) a Stop sign;
(b) a Stop Ahead sign;
(c) a Railway Crossing Ahead sign;
(d) an Advisory Speed Tab sign;
(e) a Prepare to Stop at Railway Crossing sign, including the interconnection with the warning system; or
(f) a traffic signal, including the interconnection with the warning system. (dispositif de contrôle de la circulation)
- warning system
warning system means an automated system, other than an interconnected traffic signal, that indicates the approach or presence of railway equipment at a grade crossing and that is composed of any combination of light units, bells, gates, operating mechanisms and circuits. (système d’avertissement)
Marginal note:Separate grade crossings
(2) For the purposes of these Regulations, two adjacent and separate roads that are used by motor vehicles and that cross one or more lines of railway are considered to be separate grade crossings.
Application
Marginal note:Application
2 (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
3 (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
4 (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
5 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
6 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
7 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
8 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
9 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
10 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
11 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
12 (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.
Marginal note:Change
13 In the case of a change referred to in paragraph 28(c) or (d) or sections 88 to 91, a road authority must provide a railway company, 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 12(1) relating to the change.
Marginal note:Road crossing design speed
14 A road authority must notify a railway company in writing of an increase in the road crossing design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must include in the notice the information referred to in paragraphs 12(1)(a), (d), (h) and (i).
Marginal note:Interconnected traffic signal and sign
15 A road authority must provide a railway company with the information referred to in paragraphs 12(1)(a), (l) and (m) not later than 60 days before the day on which an interconnected traffic signal referred to in article 19 of the Grade Crossings Standards, or a Prepare to Stop at Railway Crossing sign, is installed or is changed.
Marginal note:Exception
16 Despite sections 13 to 15, a road authority may make a change referred to in those sections at any time if the railway company has advised the road authority that the requirements of these Regulations with which the railway company must comply with respect to the change are met.
Marginal note:Transfer of road
17 If a road at a public grade crossing is transferred from one road authority to another, the road authority to which the road is transferred must, within seven days after the day on which the transfer takes effect, provide the railway company with the name, address, telephone number and email address of a contact person.
Marginal note:Date and contact information
18 The information referred to in sections 12 to 15 must include the date on which it is sent, the name and address of the road authority, and the name, telephone number and email address of the person who provides the information.
Sightlines
Application
Marginal note:Public grade crossing
19 (1) Sections 20 to 28 apply to a public grade crossing.
Marginal note:Private grade crossing
(2) Sections 20 to 28 apply to a private grade crossing other than a private grade crossing with a railway design speed of 25 km/h or less if
(a) access to the road leading to the grade crossing is controlled by a locked barrier; or
(b) the grade crossing is for the exclusive use of the private authority and is not used by the public.
Standards
Marginal note:New grade crossing with a warning system
20 (1) The sightlines at a new grade crossing with a warning system must be as shown in Figure 7-1(a) of the Grade Crossings Standards.
Marginal note:New grade crossing without a warning system
(2) The sightlines at a new grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards.
Marginal note:Establishment of sightlines
(3) The sightlines at a new grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards.
Marginal note:Existing grade crossing without a warning system
21 (1) The sightlines at an existing grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards and are not required to take account of any railway equipment that is moving or attended.
Marginal note:Existing grade crossing with a warning system
(2) The sightlines at an existing grade crossing with a warning system without a gate, which are within the railway right-of-way and within the land on which the road is situated, must be as shown in Figure 7-1(a) of the Grade Crossings Standards and are not required to take account of
(a) any railway equipment other than unattended railway equipment;
(b) any permanent visual obstructions that exist on the day on which these Regulations come into force; or
(c) any areas beyond the visual limits of a curve.
Marginal note:Establishment of sightlines
(3) The sightlines at an existing grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards.
Marginal note:Timing
(4) The requirements of subsections (1) to (3) must be met beginning on the day that is seven years after the day on which these Regulations come into force.
Marginal note:Warning system with a gate
22 Despite sections 20 and 21, the requirements respecting sightlines do not apply to a grade crossing with a warning system with a gate.
Maintenance of Sightlines
Marginal note:Maintenance of sightlines
23 Sightlines must be maintained to meet the requirements of section 20 or 21, as applicable, including by the removal of trees and brush that obstruct the sightlines.
Obstruction of Sightlines
Marginal note:Buildings and structures
24 A person must not erect, on land adjoining the land on which a line of railway is situated, a building or other structure, not being a railway work, that will obstruct the sightlines.
Marginal note:Things placed on land
25 A person must not place, on land adjoining the land on which a line of railway is situated, anything that will obstruct the sightlines.
Marginal note:Trees and brush
26 A person who grows trees and brush, or allows them to grow, on land in the vicinity of a grade crossing must remove them if they obstruct the sightlines.
Marginal note:Unattended railway equipment
27 A company must not leave unattended any railway equipment that obstructs the sightlines.
Changes
Marginal note:Changes to grade crossing
28 The sightlines at a grade crossing must meet the requirements of section 20 if
(a) a line of railway is added within the sightlines of the grade crossing;
(b) the class of track referred to in column 1 of the table to article 7.1.2 of the Grade Crossings Standards changes, taking into account the maximum allowable operating speed set out in column 2 or 3 of that table, as applicable;
(c) the design vehicle changes; or
(d) an increase in the road crossing design speed results in a change to the specification set out in column B 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.
New Grade Crossing
Prohibition
Marginal note:Construction
29 A person must not construct a grade crossing if
(a) the railway design speed would be more than 177 km/h (110 mph); or
(b) the road approach of the proposed grade crossing would be a freeway, taking into account the characteristics set out for rural roads in Table 10-3 of the Grade Crossings Standards or the characteristics set out for urban roads in Table 10-4 of those Standards, as applicable.
Design and Construction
Marginal note:Application
30 Sections 31 to 36 apply to the design and construction of a new grade crossing.
Marginal note:Crossing surface
31 A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.
Marginal note:Road approach
32 A road approach must meet the standards set out in article 6 of the Grade Crossings Standards.
33 (1) The location of a public grade crossing must meet the standards set out in article 11 of the Grade Crossings Standards.
(2) Subsection (1) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles.
Marginal note:Departure times
34 Departure times must be calculated in accordance with article 10.3 of the Grade Crossings Standards.
Marginal note:Design vehicle
35 A design vehicle must be selected for the design of a grade crossing.
Marginal note:Road crossing design speed
36 A road crossing design speed must be selected for the design of a private grade crossing.
Signs and Warning System
Public Grade Crossing
Application
Marginal note:Application
37 Sections 38 to 46 apply to a new grade crossing that is a public grade crossing.
Signs
Marginal note:Railway Crossing sign and Number of Tracks sign
38 A Railway Crossing sign — and, if there is more than one track, a Number of Tracks sign — must be installed at a grade crossing and meet the standards set out in article 8.1 of the Grade Crossings Standards.
Marginal note:Emergency Notification sign
39 An Emergency Notification sign must be installed at a grade crossing in accordance with the standards set out in article 8.5 of the Grade Crossings Standards.
Marginal note:Stop sign
40 (1) A Stop sign must be installed at a grade crossing without a warning system if the road crossing design speed is less than 15 km/h.
Marginal note:Standards
(2) The Stop sign and its installation must meet the standards set out in article 8.4 of the Grade Crossings Standards.
Marginal note:Stop Ahead sign
41 A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.
Marginal note:Railway Crossing Ahead sign and Advisory Speed Tab sign
42 (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if
(a) the Railway Crossing sign is not clearly visible within the stopping sight distance; or
(b) the speed of a motor vehicle on the road approach needs to be reduced in order to correspond to the road crossing design speed.
Marginal note:Standards
(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.
Marginal note:Prepare to Stop at Railway Crossing sign
43 (1) A Prepare to Stop at Railway Crossing sign must be installed if
(a) the road approach is an expressway, taking into account the characteristics set out for expressways in Table 10-4 of the Grade Crossings Standards;
(b) at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of the road approach; or
(c) the weather conditions at the grade crossing repeatedly obscure the visibility of the warning system.
Marginal note:Standards
(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in article 18 of the Grade Crossings Standards.
Warning System
Marginal note:Warning system
44 (1) A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.1 or 9.5 of the Grade Crossings Standards, as applicable, and must meet the applicable standards set out in articles 12 to 16 of those Standards.
Marginal note:Exception
(2) If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system, or the railway company may manually protect the grade crossing instead of installing a warning system.
Marginal note:Warning system with a gate
45 (1) A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.2 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards.
Marginal note:Gate arm clearance time
(2) In the case of a grade crossing that corresponds to the specifications set out in article 9.2 of the Grade Crossings Standards, the gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of those Standards.
Marginal note:Interconnected traffic signal
46 A warning system installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.
Private Grade Crossing
Application
Marginal note:Application
47 Sections 48 to 56 apply to a new grade crossing that is a private grade crossing.
Signs
Marginal note:Railway Crossing sign and Number of Tracks sign
48 If a Railway Crossing sign and a Number of Tracks sign are installed at a grade crossing, they must meet the standards set out in article 8.1 of the Grade Crossings Standards.
Marginal note:Stop Ahead sign
49 A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.
Marginal note:Railway Crossing Ahead sign and Advisory Speed Tab sign
50 (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if
(a) the Railway Crossing sign is not clearly visible within the stopping sight distance; or
(b) the speed of a motor vehicle on the road approach needs to be reduced in order to correspond to the road crossing design speed.
Marginal note:Standards
(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.
Marginal note:Prepare to Stop at Railway Crossing sign
51 (1) A Prepare to Stop at Railway Crossing sign must be installed if
(a) at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of a road approach; or
(b) the weather conditions at the grade crossing repeatedly obscure the visibility of the warning system.
Marginal note:Standards
(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in article 18 of the Grade Crossings Standards.
Warning System
Marginal note:Application
52 Sections 53 to 56 do not apply to a grade crossing with a railway design speed of 25 km/h or less if
(a) access to the road leading to the grade crossing is controlled by a locked barrier; or
(b) the grade crossing is for the exclusive use of the private authority and is not used by the public.
Marginal note:Warning system
53 (1) A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.3 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards.
Marginal note:Alternative — limited use
(2) If the grade crossing provides access to fewer than three private dwelling-places and does not provide access to a business, a limited use warning system, and signs, that meet the standards set out in Appendix B of the Grade Crossings Standards may be installed at the grade crossing, instead of the warning system referred to in subsection (1).
Marginal note:Alternative — walk light
(3) A limited use warning system with a walk light, and signs, which meet the standards set out in Appendix C of the Grade Crossings Standards, may be installed at the grade crossing instead of the warning system referred to in subsection (1) or (2), if
(a) access to the road is controlled by a locked barrier; or
(b) the grade crossing is for the exclusive use of the private authority and is not used by the public.
Marginal note:Exception
(4) If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system or the railway company may manually protect the grade crossing instead of installing a warning system.
Marginal note:Sidewalk, path or trail
54 A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.5 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards.
Marginal note:Warning system with a gate
55 (1) A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.4 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards.
Marginal note:Gate arm clearance time
(2) The gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of the Grade Crossings Standards.
Marginal note:Interconnected traffic signal
56 A warning system installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.
Existing Grade Crossing
Public Grade Crossing
Design Vehicle
Marginal note:Selection
57 A design vehicle that corresponds to the use of an existing grade crossing that is a public grade crossing must be selected.
Cumulative Requirements
Marginal note:Basic requirements
58 An existing grade crossing that is a public grade crossing must meet the standards set out in Part B of the Grade Crossings Standards.
Marginal note:Additional requirements — seven years
59 In addition to meeting the requirement of section 58, an existing grade crossing that is a public grade crossing must meet the requirements of sections 60 to 71 beginning on the day that is seven years after the day on which these Regulations come into force.
Crossing Surface and Road Approach
Marginal note:Crossing surface
60 A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.
Marginal note:Road approach
61 A road approach must meet the standards set out in article 6.1 of the Grade Crossings Standards.
Signs
Marginal note:Railway Crossing sign
62 A Railway Crossing sign must meet the standards set out in articles 8.1.3 and 8.1.4 of the Grade Crossings Standards.
Marginal note:Emergency Notification sign
63 An Emergency Notification sign must be installed at a grade crossing in accordance with the standards set out in article 8.5 of the Grade Crossings Standards.
Marginal note:Stop sign
64 (1) A Stop sign must be installed at a grade crossing without a warning system if the road crossing design speed is less than 15 km/h.
Marginal note:Standards
(2) The Stop sign and its installation must meet the standards set out in article 8.4 of the Grade Crossings Standards.
Marginal note:Stop Ahead sign
65 A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.
Marginal note:Railway Crossing Ahead sign and Advisory Speed Tab sign
66 (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if
(a) the Railway Crossing sign is not clearly visible within the stopping sight distance; or
(b) the speed of a motor vehicle on the road approach needs to be reduced in order to correspond to the road crossing design speed.
Marginal note:Standards
(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.
Marginal note:Prepare to Stop at Railway Crossing sign
67 (1) A Prepare to Stop at Railway Crossing sign must be installed if
(a) the road approach is an expressway, taking into account the characteristics set out for expressways in Table 10-4 of the Grade Crossings Standards;
(b) at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of the road approach; or
(c) the weather conditions at the grade crossing repeatedly obscure the visibility of the warning system.
Marginal note:Standards
(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in articles 18.1 and 18.2 of the Grade Crossings Standards.
Warning System
Marginal note:Light distribution and intensity
68 (1) The distribution and intensity of the light from a warning system must meet the standards set out in article 13 of the Grade Crossings Standards.
Marginal note:Alignment of light units
(2) The alignment of each set of light units must meet the standards set out in articles 14.2 to 14.6 of the Grade Crossings Standards.
Marginal note:Warning time
69 Before railway equipment reaches a crossing surface, the warning system must operate in accordance with articles 16.1.1(a) to (c) and 16.2.2 of the Grade Crossings Standards.
Marginal note:Cut-out circuits
70 If railway equipment is operated, left standing or stopped in a manner that regularly causes, or will regularly cause, the activation of the warning system at a grade crossing other than for the purpose of crossing that grade crossing, the warning system must contain circuits that meet the standards set out in article 16.3.1 of the Grade Crossings Standards.
Marginal note:Directional stick circuit
71 The directional stick circuit of a warning system must meet the standards set out in article 16.4 of the Grade Crossings Standards.
Private Grade Crossing
Design Vehicle
Marginal note:Selection
72 A design vehicle that corresponds to the use of an existing grade crossing that is a private grade crossing must be selected.
Cumulative Requirements
Marginal note:Railway Crossing sign and Number of Tracks sign
73 A Railway Crossing sign and a Number of Tracks sign that are installed at an existing grade crossing that is a private grade crossing must meet the standards set out in Part B of the Grade Crossings Standards.
Marginal note:Additional requirements — seven years
74 In addition to meeting the requirement of section 73, an existing grade crossing that is a private grade crossing must meet the requirements of sections 76 to 81 beginning on the day that is seven years after the day on which these Regulations come into force.
Marginal note:Requirements respecting warning systems — seven years
75 (1) An existing grade crossing that is a private grade crossing must meet the requirements of sections 82 to 85 beginning on the day that is seven years after the day on which these Regulations come into force.
Marginal note:Exception — certain private grade crossings
(2) Sections 82 to 85 do not apply to a grade crossing with a railway design speed of 25 km/h or less if
(a) access to the road leading to the grade crossing is controlled by a locked barrier; or
(b) the grade crossing is for the exclusive use of the private authority and is not used by the public.
Marginal note:Exception — limited use warning systems
(3) Sections 82 to 85 do not apply to a limited use warning system of a type referred to in Appendix B of the Grade Crossings Standards or to a limited use warning system with a walk light of a type referred to in Appendix C of those Standards.
Crossing Surface and Road Approach
Marginal note:Crossing surface
76 A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.
Marginal note:Road approach
77 A road approach must meet the standards set out in article 6.1 of the Grade Crossings Standards.
Marginal note:Road crossing design speed
78 A road crossing design speed must be selected for the grade crossing.
Signs
79 If a Stop sign is installed and it is not clearly visible within the stopping sight distance, a Stop Ahead sign meeting the standards set out in article 8.3 of the Grade Crossings Standards must be installed.
Marginal note:Railway Crossing Ahead sign and Advisory Speed Tab sign
80 (1) If a Railway Crossing sign is installed, a Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if
(a) the Railway Crossing sign is not clearly visible within the stopping sight distance; or
(b) the speed of a motor vehicle on the road approach needs to be reduced in order to correspond to the road crossing design speed.
Marginal note:Standards
(2) The Railway Crossing Ahead sign and Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.
Marginal note:Prepare to Stop at Railway Crossing sign
81 (1) A Prepare to Stop at Railway Crossing sign must be installed if
(a) at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of the road approach; or
(b) the weather conditions at the grade crossing repeatedly obscure the visibility of the warning system.
Marginal note:Standards
(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in articles 18.1 and 18.2 of the Grade Crossings Standards.
Warning System
Marginal note:Light distribution and intensity
82 (1) The distribution and intensity of the light from a warning system must meet the standards set out in article 13 of the Grade Crossings Standards.
Marginal note:Alignment of light units
(2) The alignment of each set of light units must meet the standards set out in articles 14.2 to 14.6 of the Grade Crossings Standards.
Marginal note:Warning time
83 Before railway equipment reaches a crossing surface, the warning system must operate in accordance with articles 16.1.1(a) to (c) and 16.2.2 of the Grade Crossings Standards.
Marginal note:Cut-out circuits
84 If railway equipment is operated, left standing or stopped in a manner that regularly causes, or will regularly cause, the activation of the warning system at a grade crossing other than for the purpose of crossing that grade crossing, the warning system must contain circuits that meet the standards set out in article 16.3.1 of the Grade Crossings Standards.
Marginal note:Directional stick circuit
85 The directional stick circuit of a warning system must meet the standards set out in article 16.4 of the Grade Crossings Standards.
Changes to Grade Crossing
Marginal note:Signs
86 If a Railway Crossing sign or a Number of Tracks sign is replaced at an existing grade crossing, the sign must meet the standards set out in article 8.1 of the Grade Crossings Standards.
Marginal note:New warning system
87 (1) If a warning system is installed at a grade crossing, it must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards.
Marginal note:Modification or installation of component
(2) When a component of a warning system is modified or is installed, the component must, except in the case of a replacement in kind for maintenance purposes, meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards.
Marginal note:Increase in railway design speed
(3) If the installation of a warning system — or the modification or installation of a component of a warning system — results from an increase in the railway design speed, the warning system or component must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards before the increase in the railway design speed takes effect.
Marginal note:Change to road geometry
88 (1) If the location, gradient or crossing angle of a grade crossing changes, articles 6 and 11 of the Grade Crossings Standards must be applied in a manner that improves the overall safety of the grade crossing.
Marginal note:Prohibition — gradient
(2) It is prohibited to increase the absolute gradient of a road approach to an existing grade crossing if the gradient does not meet the standards set out in article 6.3 of the Grade Crossings Standards.
Marginal note:Change to road approach
89 If the number or width of traffic lanes of a road approach is increased, or if a shoulder is added or a shoulder’s width is increased, the grade crossing must meet the standards set out in articles 5.1 and 6.4 of the Grade Crossings Standards.
Marginal note:Interconnected traffic signals
90 If a traffic signal is installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards, the warning system must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.
Marginal note:Change in design vehicle
91 If the design vehicle changes, the period of time that the warning system must operate before railway equipment reaches the crossing surface must meet the standards set out in article 16.1 of Grade Crossings Standards.
General Requirements
Instrument Housing
Marginal note:Locked housing
92 A railway company must ensure that the instrument housing for a warning system is locked when it is unattended.
Inspection, Testing and Maintenance
Marginal note:Design plan — railway company
93 (1) The design plan for a warning system at a grade crossing must be kept at the location of the grade crossing and must clearly indicate the following information:
(a) the configuration of the components of the warning system;
(b) the layout of the circuitry and signal equipment;
(c) the parameters for the operation of the components of the warning system;
(d) the type of light, including the lens deflection angles, if applicable, and the alignment coordinates of the light units; and
(e) the details of any interconnection with a traffic control device.
Marginal note:Maintenance of warning system
(2) The warning system must conform to the design plan and must be maintained in accordance with article 17.1 of the Grade Crossings Standards.
Marginal note:Design plan — modification or installation
(3) When a component of the warning system is modified or installed, a design plan reflecting the modification or installation must be prepared and must be kept at the location of the grade crossing until it is replaced by a revised design plan.
Marginal note:Initial installation
94 (1) Immediately after the initial installation of a warning system, but before it is placed in service, all of the components of the warning system must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards.
Marginal note:Modification or installation of a component
(2) Immediately after the modification or installation of a component of the warning system, but before the warning system is placed in service, the component and all other components that are directly affected by that modification or installation must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards.
Marginal note:Environmental conditions
(3) In the event of severe weather or other environmental conditions that may affect the operation of the warning system or its components, the warning system or the components must be inspected within a reasonable period of time to ensure that they are working properly.
Marginal note:Periodic inspection and testing
95 The inspection and testing of the elements set out in column 2 of Table 17-2 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3, 4 or 5 of Table 17-2.
Marginal note:Interconnection with a warning system
96 (1) Before a traffic control device that is interconnected with a warning system is placed in service, a road authority must inspect and test the traffic control device to ensure that the standards set out in articles 18 and 19 of the Grade Crossings Standards are met.
Marginal note:Frequency
(2) The inspection and testing of the elements set out in column 2 of Table 20-1 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3 of Table 20-1.
Marginal note:Information
(3) When the road authority inspects, tests or maintains the traffic control device, the road authority must have, at the site, information respecting the parameters for the operation of the device.
Obstruction of Grade Crossing
Prohibitions
Marginal note:Unnecessary activation of warning system
97 (1) It is prohibited for railway equipment to be left standing in a manner that causes the activation of the warning system at a public grade crossing other than for the purpose of crossing that grade crossing.
Marginal note:Obstruction of public grade crossing
(2) It is prohibited for railway equipment to be left standing on a crossing surface, or for switching operations to be conducted, in a manner that obstructs a public grade crossing — including by the activation of the gate of a warning system — for more than five minutes when vehicular or pedestrian traffic is waiting to cross it.
Safety Concern
Marginal note:Collaboration
98 (1) If railway equipment is operated in a manner that regularly causes the obstruction of a public grade crossing, including by the activation of a warning system, and the municipality where the grade crossing is located declares in a resolution that obstruction of the grade crossing creates a safety concern, the railway company and the road authority must collaborate to resolve the safety concern.
Marginal note:Notice
(2) The road authority must notify the Minister and the railway company in writing that the resolution has been passed and must provide them with the information used in support of the resolution, including
(a) a detailed description of the safety concern;
(b) the details of specific occurrences involving the obstruction of the grade crossing, including the date and time of the obstruction; and
(c) the details of the traffic congestion that resulted from each specific occurrence referred to in paragraph (b).
Marginal note:Timeline and mediation
(3) The railway company and the road authority must attempt to resolve the safety concern — including through the use of mediation — within 90 days after the day on which the road authority notifies the railway company under subsection (2).
Marginal note:Notice to Minister
(4) The road authority must notify the Minister if the railway company and the road authority are not able to resolve the safety concern within the 90-day period.
Emergency Vehicles
Marginal note:Passage of emergency vehicles
99 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
100 (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
101 (1) 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.
(2) Paragraph (1)(b) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles.
Temporary Protection Measures
Marginal note:Threat or interference
102 (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
103 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
104 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
105 (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
106 (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
107 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
108 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
109 (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
110 (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.
Repeals
111 [Repeal]
112 [Repeal]
Coming into Force
Marginal note:Day of registration
113 These Regulations come into force on the day on which they are registered.
- Date modified: