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Guide to Railway Works Cost Apportionment

INTRODUCTION

Under the Railway Safety Act, the Canadian Transportation Agency (hereinafter, the Agency) may apportion the costs of constructing, altering, maintaining or operating a railway work when the parties who may benefit from that work cannot agree. Railway companies include only those companies under the Agency's jurisdiction.

A railway work includes not only road and utility crossings of railways, but also railway lines and their supporting structures, any system of switches or signals that facilitates railway operations, or any other structure along, across or beside a railway line that also facilitates railway operations. Typically, such railway works are crossing warning systems - such as bells, lights and gates - at road crossings, or structures such as fences along railway right-of-ways.

If a railway and a road authority, municipality or landowner cannot agree on the allocation of costs for the project, either party may refer the matter to the Agency, before, during or after construction or alteration of the railway work.

DISPUTES

In the event of a dispute, any party that may benefit from the railway work, may ask the Agency to apportion the costs of the project.

If you wish to apply to the Agency, please submit your written, signed application to the following address:

Secretary
Canadian Transportation Agency
Ottawa, Ontario
K1A 0N9

If you wish to deliver your application by hand or by courier, please use the following address:

Secretary
Canadian Transportation Agency
15 Eddy Street
17th Floor, Mailroom
Gatineau, Quebec
J8X 4B3
Fax: (819) 953-8353

In addition, you should send a copy of the application to each of the parties involved. If you require assistance in reaching the parties involved, let us know and we will provide you with a contact name and address.

To help the Agency fully appreciate the situation, you should include the following information in your application:

• a description of the existing conditions;
• a description of the work;
• the reason for the work;
• the reason why the existing condition is no longer adequate;
• other options considered in lieu of the work;
• a list of the benefits each party will receive when the work is completed;
• a cost estimate, where appropriate;
• the location of the site (railway mileage and subdivision, street name and municipality, if available); and
• any other supporting information, including seniority.

Legal representation is not required. However, any agent or solicitor acting on your behalf should include authorization from you in the application.

PROCESS

After receiving an application, the Agency, according to its General Rules, ensures that each interested party has the opportunity to comment on the application and any disputed issues. In general, the Agency reviews the application, invites the other interested party to comment on the application within a 30-day time frame, and then allows the applicant 10 days to respond to the other party's submission. The Members of the Agency review all the material and submissions, make the final decision or determination and issue the necessary orders. Agency staff process all applications and provide support to the Members.

The Agency will process each application as quickly as possible. It must process all applications within 120 days after receiving the originating documents, unless the parties to the application agree to an extension.

An application to the Agency does not prevent the parties from continuing their negotiations.

ORDERS, DECISIONS AND APPEALS

Any Agency order or decision is binding upon the parties and remains in effect until it is amended or rescinded. Any such order or decision may be:

• reviewed by the Agency, if there are new facts or circumstances;
• appealed to the Federal Court on a matter of law or jurisdiction, within 30 days of the order or decision;
• appealed to the Governor in Council at any time.

CONFIDENTIALITY

All documents filed with the Agency become part of the public record and may be made available for public viewing. Upon request, certain aspects of your agreement or application may be considered confidential according to the Agency's General Rules.

SAFETY AND FUNDING

Authority to establish or modify a road crossing under the CTA does not relieve the parties of their obligations under the Railway Safety Act. Transport Canada is responsible for safety and funding matters under the Railway Safety Act. With regards to any requirement under the Railway Safety Act, contact a Transport Canada Surface Regional Office at one of the numbers listed below:

Atlantic Region: (506) 851-7040
Quebec Region: (514) 283-5722
Ontario Region: (416) 973-9820
Prairie and Northern Region: (204) 983-4214
Pacific Region (BC): (604) 666-0011

OTHER AVAILABLE DOCUMENTS

• Agency General Rules
• The Canada Transportation Act and The Rail and Marine Transportation Branch
• The Rail Infrastructure Directorate: A Guide
• Environmental Assessment Procedures
• Guidelines on Apportionment of Costs of Grade Separations
• Guide to Private (Farm) Crossings of Railways
• Guide to Railway Crossings of Other Railways
• Guide to Railway Line Construction
• Guide to Road Crossings of Railways
• Guide to Utility Crossings of Railways
• Railway Third Party Liability Insurance Coverage Regulations
• Guidelines on Railway Third Party Liability Insurance Coverage
• Schedule "A" Directives - Railway Rates for Maintenance and Construction

Available in alternative formats.

FOR MORE INFORMATION

For more information or copies of the above documents, please contact one of the following staff members of the Rail Infrastructure Directorate:

Fax: (819) 953-8353

You can obtain copies of the relevant legislation from the following address:

Canadian Government Publishing Centre
Canada Communication Group
Gatineau, Quebec
K1A 0N9
Tel.: (819) 956-4800

Minister of Public Works and Government
Services Canada
Catalogue no. TW3-22/6-1997
ISBN 0-662-63048-3