Grade Crossings Regulations (SOR/2014-275)

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.