Grade Crossing Regulations
Rail safety is a shared responsibility. By working together, we can help keep communities and citizens safe and prevent fatalities and injuries on or near railway property.
Under the Grade Crossings Regulations (the Regulations) effective in November of 2014, railway companies, and public and private authorities share the responsibility for managing the safety at federally-regulated grade crossings. They must work together to make sure that grade crossings meet the requirements found in the Regulations and the associated Grade Crossing Standards for everyone’s safety.
DO THE REGULATIONS APPLY TO ME?
Are you a landowner (farmer, commercial business, private individual) who has a right (such as an agreement with the railway company, or an order authorizing the crossing) with respect to a private grade crossing? If so, you may be a private authority with certain responsibilities to ensure compliance with the requirements of the Regulations.
Are you a municipality, province, or a band council that has a legal authority to open and maintain roads that cross federally-regulated railway tracks? If so, you may be a road authority with certain responsibilities to ensure compliance with the requirements of the Regulations.
If you answered yes to either question above, then you are subject to the requirements of Transport Canada’s Grade Crossings Regulations.
Railway companies will join efforts with road and private authorities to determine whether some crossings can be closed or consolidated, and which crossings will be upgraded to meet Transport Canada’s new Regulations.
It is important to note that the cost of compliance may be the responsibility of the road authority, private authority, or the railway company or shared by the parties. Each situation is unique. The parties will work together to determine apportionment of costs for compliance. Any crossings requiring upgrades will become part of an action plan to meet the terms of the new Regulations by November 2021.
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What is the responsibility of the railway company that owns tracks crossing my private road? Where applicable, railways must:
- Install and maintain:
- a railway crossing sign
- a number of tracks sign
- an emergency notification sign
- Maintain the stop sign if it’s installed on the same post as the railway crossing sign
- Install and maintain a warning system
- Install and maintain a crossing surface and a road approach within the railway right-of-way
- Choosing design speed and the design vehicle for the private crossing
- Maintain sightlines, including removing any trees or brush
- within the railway right-of-way
- over land next to the railway right-of-way, other than sightlines over land owned by a private crossing owner
The railway company may have contacted you already as they will be working directly with you to address public crossings.
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What is the responsibility of the railway company that owns the tracks at a grade crossing? Where applicable, railways must:
- Install and maintain:
- a railway crossing sign
- a number of tracks sign
- an emergency notification sign
- Maintain the stop sign if it’s installed on the same post as the railway crossing sign
- Install and maintain a warning system
- Install and maintain a crossing surface
- Maintain sightlines, including removing any trees or brush
- within the railway right-of-way; and
- over land next to the railway property
The railway company may have contacted you already as they will be working directly with you to address public crossings.
WHAT IS THE DEADLINE TO COMPLY WITH THE REGULATIONS?
November 28, 2021
Railway companies, road authorities, and private authorities must ensure that existing crossings meet the requirements of the Regulations prior to this date.
WHO’S RESPONSIBLE FOR COSTS?
It is important to note that responsibilities described above do not determine responsibility for costs. The cost of compliance may be the responsibility of the road authority, private authority, or the railway company or shared by the parties. Each situation is unique, and may vary.
Costs may be determined based on existing agreements between the road authority and railway company, or between the private authority and railway company. Costs could also be determined based on existing orders from the Canadian Transportation Agency (or its predecessors) dating from when the grade crossing was first authorized or reconstructed.
NEED SUPPORT TO COVER YOUR COSTS TO COMPLY WITH THE REGULATIONS?
The Government of Canada has made funding available to help you.
The infrastructure, technology and research (ITR) component of the Rail Safety Improvement Program (RSIP) funds rail safety improvements that support measures to improve public safety at rail property and rail lines (both federally and provincially regulated).
Transport Canada is currently accepting applications for projects. The deadline for applications is August 1, 2020 at 11:59pm (PDT).