Disclaimer: These documents are not the official versions (more).
Notice of Railway Works Regulations
RAILWAY SAFETY ACT
Notice of Railway Works Regulations
REGULATIONS RESPECTING NOTICE OF
PROPOSED RAILWAY WORKS
1. These Regulations may be cited as the Notice of Railway Works
Regulations.
2. In these Regulations, "municipality" means a municipality
listed in Part I section 5 of the Canadian Almanac and Directory, published by Copp Clark
Pitman Limited, Toronto, Ontario, as amended from time to time. (municipalité)
3. For the purposes of subsection 8(1) of the Railway Safety Act, the
following are prescribed as railway works of a kind for which notice shall be given:
(a) the construction or alteration of a line of railway involving
the acquisition of land
in addition to land on which an existing line of railway is situated;
(b) the construction or alteration in a municipality of railway bridges
and culverts having an overall span greater than 6 metres and railway tunnels;
(c) the construction or alteration of structures located above or below
a line of railway by a party other than a railway company, but excluding a mine or an oil
or gas well;
(d) the construction or alteration of road crossings for public use,
including the installation or alteration of road crossing warning systems but excluding
the installation or alteration of road crossing signs; and
(e) the construction or alteration of any line works that may affect
drainage on land adjoining the land on which a line of railway is situated.
4. The notice referred to in section 3 shall
(a) be given at least 60 days before the proposed date of commencement
of the proposed railway works;
(b) set out the period, not less than 60 days, during which objections,
pursuant to subsection 8(2) of the Railway Safety Act, may be filed; and
(c) contain the following information, namely,
(i) a drawing showing the location of the proposed works,
(ii) a description of the proposed works with general plans, including
elevations of proposed structures,
(iii) a description of any impact that the proposed works may have on
the safety of persons and property, and
(iv) the proposed date of commencement and the projected time for
completion of the proposed works.
5. (1) A notice referred to in section 3 shall be given
(a) in the case of a railway company proposing to construct or alter
line works, to the municipality, or municipalities, in which the line works will be or are
located and to any owner of land immediately abutting land on which the line works are
situated;
(b) in the case of any party proposing to construct a road crossing,
excluding the installation of road crossing warning systems, to the following, namely,
(i) the railway company whose line is to be crossed,
(ii) the municipality in which the crossing works are to be located,
(iii) the authority having responsibility for the road in question, and
(iv) any owner of land immediately abutting land on which the crossing
works are situated; and
(c) in the case of any party proposing to alter a road crossing or to
install or alter a road crossing warning system, to the following, namely
(i) the railway company whose line is crossed;
(ii) the municipality in which the crossing works are located, and
(iii) the authority having responsibility for the road in question;
(2) A copy of a notice referred to in subsection (1) shall be sent
forthwith to the Director of the regional Railway Safety Directorate office having
jurisdiction over the railway at the location of the proposed works.
SOR/91-103 17 January, 1991 pursuant to subsection 8(1) and paragraph
47(a) of the Railway Safety Act
amended by
SOR/94-692 7 November, 1994 pursuant to subsection 8(1) and paragraph
47(a) of the Railway Safety Act
Paragraphs 3(c) and 3(e).
|