Railway Crossing

Last updated on September 11, 2023

Potential Approval, Permit or Code of Practice Requirements

Agreements: railway crossings and construction

Explanation: The Canada Transportation Act regulates rail infrastructure project approval. An application for federal railway crossing work is submitted formally to the Railway for inclusion in an agreement and to issue notices in accordance with the Railway Safety Act. Any federal railway crossing agreement between the Railway and MoT may be filed with the Canadian Transportation Agency. It then becomes an order authorizing works to be undertaken pursuant to Section 101 of the Canada Transportation Act. If an agreement cannot be reached with the Railway, MoT may apply to the agency under subsection 101(3) of the Act for authorization to construct a suitable road crossing.

Statute: Canada Transportation Act, 1996

Relevant Section or Regulation: Subsection 101 (1) and Subsection 101 (3)

Regulating Agency: Canadian Transportation Agency