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Private (Farm) Crossings

When the construction of a railway line crosses a landowner's land, the landowner has the right to a suitable crossing of the railway. The railway company must construct and maintain any such crossing. If the landowner and the railway cannot agree, the Agency may determine whether such a right exists and what constitutes a suitable crossing.

If such a right does not exist, landowners may still apply for a crossing of the railway so that they may properly enjoy their land. The Agency may determine whether the crossing is necessary, what constitutes a suitable crossing, and the terms and conditions that will govern the crossing, such as those related to liability, compensation and the use of the crossing. In these cases, the landowner is responsible for the costs of constructing and maintaining the crossing, as set out in the Canada Transportation Act.

Guide to Private (Farm) Crossings of Railways