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Utility Crossings

Utility companies include telecommunications, power or any other company that transmits goods or energy, or provides services, through wires, cables, pipelines or similar means. They may enter into or amend agreements with railway companies to construct, maintain or apportion the costs of utility crossings of railways. When the parties file such agreements with the Agency, they become orders of the Agency authorizing the project as per the terms of the agreement. An Agency order establishes a statutory right to cross at that location. It is binding upon the parties and can only be amended or rescinded using procedures set out in the Canada Transportation Act.

If the parties cannot agree on any issue related to constructing, maintaining or apportioning the costs of the crossing, either party may ask the Agency to resolve the dispute and to issue an order authorizing the crossing. Disputed issues may include the necessity of the crossing, the location, costs, fees, which party shall maintain the crossing, what rates are to be charged for construction or maintenance work, timing or duration, and liability.

An interested party may also ask the Agency to amend or rescind an existing order respecting utility crossings of railways.

Guide to Utility Crossings of Railways