Table of Contents:

• Improving Grade Crossing Safety
• Identifying Projects
• Eligible Work
• Evaluation
• The Application
• Prioritization
• Approval
• Regulatory Requirements
• Deciding Who Pays
• Agreement
• Payments
• Transport Canada Offices

IMPROVING GRADE CROSSING SAFETY

Safety 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 PROJECTS

Potential projects are most often identified through:

• an application from a road authority and/or railway company
• an inspection by a Transport Canada railway safety inspector, through regular monitoring or as a result of an accident
• a recommendation following an accident, including any made by the Canadian Transportation Safety Board
• a complaint concerning the safety of a crossing

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 WORK

Work 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:

• the installation of flashing lights, bells and gates
• the addition of gates or extra lights to existing signal systems
• the interconnection of crossing signals to nearby highway traffic signals
• the modification of operating circuits within automated warning systems
• the improvement of roadway alignment or grades
• the modification of nearby intersections, including the addition of traffic control signals in some circumstances

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.

EVALUATION

Once 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 APPLICATION

The following information is required for an application:

• the location of the crossing as described by the road authority and the railway involved
• indicate if the project will be:
• located in or in close proximity to any of the following: National Parks, National Park Reserves, National Historic Sites, or Historic Canals;
• extended outside of the existing roadway or railway right-of-ways; and
• undertaken within 30m of a water body
• details of the train and road (vehicular and pedestrian) traffic using the crossing (official traffic counts and speeds)
• a description of the safety issues
• a description of the work to be carried out, including appropriate plans
• a detailed estimate of the cost of the work
• environmental information:
• provide a summary description of the local biophysical environment, including a description of the environmental components that are likely to be adversely affected by the project;
• indicate if the project will result in the likely release of a polluting substance into a water body; and
• provide information on other EA regimes to which the project has been or is likely to be subject to (i.e., provincial, territorial, etc).

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
Transport Canada
Ottawa, Ontario
K1A ON5

Attention: 
Director General
Rail Safety

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.

PRIORITIZATION

Applications 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:

• high exposure factors, such as annual average daily number of trains multiplied by annual average daily road traffic
• high train or road traffic speeds 
• multiple track crossings 
• severely restricted sightlines
• curved or angled approach, or nearby intersections that distract the motorist or impede the view of approaching trains
• a history of accidents

APPROVAL

Notification 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 REQUIREMENTS

Subsection 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 PAYS

Either 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
Canadian Transportation Agency
Ottawa, Ontario
K1A ON9

Attention:
Director
Rail Infrastructure Directorate Rail Branch

AGREEMENT

Following 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.

PAYMENTS

Claims 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 OFFICES

National headquarters

Transport Canada - Rail Safety
Rail Safety Branch
Tower C, Place de Ville,  330 Sparks Street 
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-2309 / 1-888-267-7704
TTY: 1-888-675-6863
Email: railsafety@tc.gc.ca 

Regional offices

The following regional sites provide information on services and activities as well as local contacts.

Pacific Region - Rail (British Columbia)
Transport Canada
225 - 625 Agnes Street
New Westminster, British Columbia
V3M 5Y4
Telephone:  604-666-0011
Fax:  604-666-7747

Prairie and Northern Region - Surface (Alberta, Saskatchewan, Manitoba, Yukon, Northwest Territories and Nunavut)
344 Edmonton Street, 4th floor
Winnipeg, Manitoba
R3C OP6
Telephone:  204-983-3152
Telephone:  1-888-463-0521

Ontario Region - Surface (Ontario)
4900 Yonge Street, Suite 300
North York, Ontario
M2N 6A5
Telephone:  416-973-9820
Fax:  416-973-9907

Quebec Region - Rail Transport (Quebec)
800, René Lévesque Blvd West
Office 600
Montreal, Quebec
H3B 1X9
Surface (Railway Safety and Transport Dangerous Goods)
Telephone: 514-283-5722
Fax: 514-283-8234

Atlantic Region - Rail Transport (New Brunswick, Prince Edward Island, Nova Scotia, and Newfoundland & Labrador)
95 Foundry Street, Suite 418
PO Box 42
Moncton, New Brunswick
E1C 8K6
Telephone: 506-851-7040
Fax: 506-851-7042