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Table of Contents
- Policy objective
- Policy background
- Authority
- Policy requirements
- Role and responsibilities
- Monitoring
- Inquiries
- Printable Version
The objective of the Railway Right of Way Access Control Policy is to clarify
Transport Canada's (TC) role and responsibilities concerning unauthorized access
to railway right of ways.
This policy replaces the
Trespass Prevention Policy dated October 16, 2000.
Historically, the federal government has been involved with the control of
unauthorized access by pedestrians, vehicles and livestock on the railway right
of way. Railway right of way access control requirements were set out in the
Railway Act of 1868, which has since been repealed. The Act and subsequent
amendments required railway companies to erect and maintain fences on each side
of the railway. Specifically, it required fencing to prevent cattle and other
animals from entering the railway right of way and restricted train speed to 10
m.p.h. in densely populated urban areas unless fencing was in place or an
exemption to this requirement was granted. While there continues to be a need
for access control measures to be put into place to prevent livestock from
entering onto the railway right of way, the major problem today is associated
with unauthorized access by pedestrians and vehicles. This is of particular
concern considering the likelihood of continued growth in population near lines
of railway in urban areas.
The Railway Safety Act (RSA) of 1989 and subsequent amendments thereto replaced
in part the Railway Act of 1868. This Policy reflects the objectives of section
3 of the RSA, which are to:
- promote and provide for the safety of the public and personnel, and the
protection of property and the environment, in the operation of railways;
- encourage the collaboration and participation of interested parties in
improving railway safety;
- recognize the responsibility of railway companies in ensuring the safety of
their operations; and
- facilitate a modern, flexible and efficient regulatory scheme that will
ensure the continuing enhancement of railway safety.
Transport Canada’s national transportation strategy calls for a transportation
system that is safe, smart, strategic and sustainable - the top priority being
safety. The Railway Right of Way Access Control Policy, through its
requirements, will contribute to the safety and security of Canada's
transportation system.
Under subsection 2(2) of the RSA, the federal government has jurisdiction in
"respect of transport by railways to which Part III of the Canada Transportation
Act applies". In general, this means that TC has jurisdiction over railway
companies which have a certificate of fitness issued by the Canadian
Transportation Agency (CTA).
Section 26.1 of the RSA states that:
- "No person shall, without lawful excuse, enter on land on which a line work is
situated."
This means it is illegal to unlawfully access a railway right of way, or any
works that facilitate railway operations.
The enabling authority to make regulations concerning the control of
unauthorized access by pedestrians, vehicles and livestock on the railway right
of way is provided under the following provisions of the RSA:
Railway Works
- Subsection 7(1) provides the authority to make regulations respecting the
construction or alteration of ''railway work'', including fencing;
- Paragraph 18(1)(a) provides the authority to make regulations respecting the
operation or maintenance of line works; and
Non Railway Operations Affecting Railway Safety
- Paragraph 24(1)(f) provides the authority to make regulations restricting or
preventing, by means of fences, signs or any other means, access to a railway
right of way;
- Paragraph 24(1)(g) provides the authority to make regulations respecting the
control or prohibition of any other activity, on land adjoining railway lands,
where that activity could constitute a threat to safe railway operations.
The jurisdiction of the federal government is intended only to extend to those
aspects which have a direct relationship to the safety of a railway right of
way, respecting the rights of adjacent landowners and the involvement of
municipalities in development or enjoyment of their lands.
To maximize the Department’s impact on transportation safety, the focus of this
policy is to promote and provide for safe railway operations by ensuring a
positive approach to access control through awareness of regulatory
requirements, education through guidance, counseling and advice, and compliance
monitoring and enforcement of legislative requirements. TC's strategy is to
require through regulation and policy that there are no new locations of
unauthorized access caused by changes in land use, while at the same time
ensuring that where unauthorized access to a railway right of way occurs, there
is clear responsibility to mitigate the threat. Departmental activities to
fulfill this policy will be accommodated in the Rail Safety Business Plan, in
accordance with approved resources.
The policy of Transport Canada is to:
- Maintain and enhance public safety by requiring through regulation or other
means permitted under the RSA, the restriction of unauthorized access to a
railway right of way.
- Clarify roles and responsibilities of railway companies, municipalities,
adjacent landowners and the public regarding railway right of way access
control.
- Promote education and awareness of regulatory requirements regarding railway
right of way access control through guidance, counseling and advice to: railway
companies, adjacent landowners, municipalities, police departments, consultants
and other interested and affected parties
- Establish, implement and maintain a program to monitor regulatory compliance
and the safety of railway operations with respect to unauthorized access to the
railway right of way, and ensure effective intervention.
- Support, initiate and conduct research to identify emerging technologies and
best practices and to prevent unauthorized access to the railway right of way.
Encourage railway companies, adjacent landowners and municipalities to adopt
those best practices, which are not regulatory requirements.
- Obtain and analyze data to identify safety concerns, trends and emerging
risks through our regulatory, research and program activities.
- Support and carry out safety promotional activities with respect to access
control.
5. Role and responsibilities
The Rail Safety Directorate is responsible to ensure that the regulatory
instruments (i.e. regulations) are made and enforced and to develop the national
programs, policies, guidelines, data analysis requirements and methodologies for
consistent application throughout Transport Canada. A key role is to establish
constructive and beneficial relationships with partners through comprehensive
consultation.
Transport Canada is responsible to ensure the regulated parties meet the
regulatory requirements and that regional activities are implemented and carried
out consistently and in accordance with the national programs, policies,
guidelines, data collection requirements and methodologies. A key role for
regions is to contribute and participate with headquarters during formulation of
national policy and programs.
The role of a Railway Safety Inspector (RSI) is to monitor compliance and the
safety of railway operations, and to promote safety in partnership with
pertinent parties. The RSI shall take appropriate action for non-compliance and
wherever a threat or immediate threat is identified.
The Director General Rail Safety will assess the implementation and
effectiveness of this policy through periodic internal audits, program reviews
and input from interested and affected parties.
Inquiries about this policy should be directed to:
Transport Canada
Rail Safety Directorate
427 Laurier Avenue West, 14th Floor, Suite 1410
Ottawa, Ontario
K1A 0N5
Phone: 613-998-2985
Fax: 613-990-7767
Railway Right of Way Access Control
Policy (July 2006) is available in PDF format (file size 136kb) which will download in approximately
1 minutes and 25 seconds on a 28.8 connection and may be viewed using Acrobat Reader.
Note: Portable Document Format (PDF) formats may be viewed using version 3.0
or higher of the Adobe® Acrobat Reader. This reader may be downloaded free of
charge by visiting the
Adobe® web site.
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