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Road Crossings of Railways

Road authorities are public or private bodies with the authority to construct and maintain roads. They may enter into or amend agreements with railway companies to construct, maintain or apportion the costs of road crossings of railways. Such crossings may be grade crossings (also called level crossings) or grade separations (subways and overhead bridges). 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order establishes a statutory right to cross at that location, is binding upon the parties, and can only be amended or rescinded using procedures set out in the Canada Transportation Act.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, the costs of construction, the costs of maintenance, which party shall maintain the crossing, what rates are to be charged for construction or maintenance work, the type or size of crossing or supporting structure, the limits of a project, the project costs that will be shared, the duration of the agreement, liability, and other terms and conditions.

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

Guide to Road Crossings of Railways