Grade Crossings Regulations (SOR/2014-275)

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 November 28, 2014, 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 November 28, 2014; 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

  • (a) November 28, 2022, in the case of a high-priority grade crossing; or

  • (b) November 28, 2024, in any other case.

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.