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Table of Contents:
IMPROVING GRADE CROSSING SAFETYSafety at grade crossings is a primary focus of Transport Canada. Almost half of all railway-related deaths and injuries result from accidents at crossings. Government contributions are available to encourage and to assist safety improvements at public grade crossings that are under federal jurisdiction. The Grade Crossing Improvement Program, funded under section 12 of the Railway Safety Act (RSA), is designed to provide up to 80 percent of the cost of a crossing improvement project. Funding for construction costs covers the safety improvements only, and does not include future maintenance costs. The authorities involved negotiate responsibility for the remaining costs. If they cannot reach agreement, the Canadian Transportation Agency may be asked to apportion the cost. In addition to upgrading crossings, safety can be improved through a strategy of education and enforcement. As part of the Direction 2006 program, Transport Canada and partner organizations are working together to reduce the number of crossing collisions and trespassing incidents. Further information is available at the Direction 2006 website: www.direction2006.com IDENTIFYING PROJECTSPotential projects are most often identified through:
Road authorities and railway companies are responsible for maintaining grade crossings. They are encouraged to contact a railway safety inspector at the appropriate Transport Canada regional office if they have any concerns regarding the safety of a crossing. Since urban development can have a significant impact on crossing safety, municipalities are encouraged to identify and assess the safety of grade crossings in the early stages of any urban planning. ELIGIBLE WORKWork that will allow for the improvement, closure, or relocation of a public crossing in the interests of safety is eligible for a contribution. The crossing must be on a line of a federally regulated railway and must have been in existence for public use for at least three years. Any road work or other work that will improve the safety of the crossing is generally considered eligible. Some examples of eligible projects are:
Work beyond what is necessary to address the existing safety concerns at the crossing, such as construction to upgrade the standard of the road, is not eligible for a contribution. EVALUATIONOnce a project has been brought to Transport Canada's attention, a railway safety inspector will meet on-site with road and railway officials and any other relevant responsible authorities to assist in assessing safety issues and to review the proposed work. The aim of this assessment is to ensure that safety issues are correctly identified and understood, and to examine the alternatives. Interim measures may be applied while waiting for implementation of the proposed work. THE APPLICATIONThe following information is required for an application:
A proponent may only apply for a grant before undertaking the work. If approval is required for a non-standard work under SECTION 10 OF THE RSA, an application for a grant must accompany the application for approval of the non-standard work. Applications for funding contributions should be sent to: The Minister of Transport Attention: Copies of the application should be sent to the appropriate Regional Director, Surface, Transport Canada (please refer below for Transport Canada addresses), as well as to the other authorities involved. PRIORITIZATIONApplications are categorized and available funds are allocated based upon the seriousness of the safety problem, and the potential for avoiding fatalities, injuries and damage. The following factors are used in prioritizing, and in assessing a grade crossing for funding:
APPROVALNotification of approval is sent to the applicant by Transport Canada. The maximum contribution authorized will be based upon a reasonable estimate of the cost of the work. The maximum contribution payable is the lesser of 80 percent of the actual cost of the work, or the maximum amount authorized by the Minister. REGULATORY REQUIREMENTSSubsection 8(1) of the Railway Safety Act requires that a Notice of Railway Works be given at least 60 days prior to the start of certain types of projects as specified in the Notice of Railway Works Regulations. Section 11 of the Act requires that a professional engineer be responsible for the engineering work. Pursuant to the Canadian Environmental Assessment Act (CEAA), an environmental assessment (EA) of a project may have to be completed prior to Transport Canada (TC) providing financial assistance that would enable a project to be carried out in whole or in part: NOTE: 1999 amendments to the Railway Safety Act now permit work to be commenced prior to Ministerial approval. However, if determined to be necessary, proponents shall conduct an EA of their project proposals, to be completed in accordance with TC instructions, prior to the commencement of any project related works. DECIDING WHO PAYSEither party may apply to the Canadian Transportation Agency for a determination regarding apportionment of costs not covered by the funding program. The Agency will make its decision based on the merits of each case, following submissions from the authorities involved. Any application for such a determination may be filed either before or after the work begins, and addressed to: Secretary Attention: AGREEMENTFollowing approval, an agreement between Transport Canada and the recipient must be signed prior to payment for work. The agreement details the work to be performed and the terms and conditions for payment of the contribution. Any changes in the nature or scope of the work without prior approval may result in the loss of payment of the contribution. Projects that involve crossing signal work are normally carried out by the railway company. In such cases, the railway will submit a claim to the road authority and Transport Canada for their share of the cost of the work. Projects involving changes to the roadway are normally carried out by the road authority. In these cases the road authority will submit a claim to the railway and to Transport Canada for their share of the cost. A project may involve one agreement with a railway company for signal works and another with the road authority for civil works. PAYMENTSClaims can only be submitted for expenses related to the project, and must be prepared according to the requirements stated in the contribution agreement. One interim payment may be made during the life of a project. Final payment will be made after receipt and audit of a detailed invoice. TRANSPORT CANADA OFFICESNational headquartersTransport Canada - Rail
Safety Regional officesThe following regional sites provide information on services and activities as well as local contacts. Pacific Region - Rail
(British Columbia) Prairie and
Northern Region - Surface (Alberta, Saskatchewan, Manitoba, Yukon, Northwest
Territories and Nunavut) Ontario
Region - Surface (Ontario) Quebec Region - Rail
Transport (Quebec) Atlantic Region - Rail
Transport (New Brunswick, Prince Edward Island, Nova Scotia, and
Newfoundland & Labrador)
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