Program Related to Rail Infrastructure

The Rail Infrastructure Directorate within the Rail and Marine Branch is responsible for:

• approvals and determinations related to the construction or operation of railways including the issuance of Certificates of Fitness for new and existing railways and authorizations to construct any new railway line;
• authorizations to construct or reconstruct infrastructure projects and the resolution of issues between railways and parties such as municipalities or other road authorities, utility companies, adjacent landowners or other parties who may wish to cross or who may be affected by, or have a dispute with, those railways. This may include road crossings, private or farm crossings, utility crossings, fencing, protective devices at crossings;
• the resolution of complaints (non-safety) respecting the operation or construction of railways; and
• the resolution of complaints concerning the non-compliance with the transfer and discontinuance process for railway lines.

The Directorate also has the responsibility to apportion costs related to railway infrastructure projects, including warning devices at railway crossings, in a fair and equitable manner and considering the relative benefits of the interested parties and any other matter relevant to the proceeding.

Eligibility Criteria

Federally-regulated railway companies, road authorities, utility companies and the general public who interact with railway companies.

Road authorities are public authorities having legal jurisdiction to open and maintain roadways.

Federally-regulated railways in Canada include:

• Algoma Central Railway Inc., June 14, 2001;
• Arnaud Railway Company, Feb. 12, 1997;
• BNSF Railway Company, June 5, 2006;
• Canadian National Railway Company, July 15, 2004;
• Canadian Pacific Railway Company, Feb. 24, 2005;
• Chemin de fer de la Matapédia et du Golfe Inc., July 17, 2002;
• Corporation of the City of Ottawa carrying on business as Capital Railway, Apr. 30, 2001;
• CSX Transportation Inc., Sept. 24, 1999;
• Eastern Maine Railway Company, June 30, 1997;
• Essex Terminal Railway Company, Apr. 21, 1997;
• Ferroequus Railway Company Limited (Suspended), May 19, 2005;
• Goderich-Exeter Railway Company Limited, Nov. 13, 1998;
• Hudson Bay Railway Company, May 9, 2001;
• International Bridge and Terminal Company, June 27, 1997;
• Kelowna Pacific Railway Company, Feb. 18, 2000;
• Kettle Falls International Railway Company, Dec. 10, 2004;
• Maine Central Railroad Company and Springfield Terminal Railway Company, Oct. 28, 1997;
• Minnesota, Dakota & Western Railway Company, June 27, 1997;
• Montreal, Maine & Atlantic Railway Ltd. and the Montreal, Maine & Atlantic Canada Co., Sept. 9, 2005;
• National Railroad Passenger Corporation (Amtrak), June 26, 1997;
• Nipissing Central Railway Company, July 11, 1997;
• Norfolk Southern Railway Company, Dec. 19, 1996;
• Okanagan Valley Railway Company, Oct. 30, 1998;
• Ottawa Central Railway Inc., Dec. 1, 2000;
• Pacific and Arctic Railway and Navigation Company/British Columbia Yukon Railway Company/British Yukon Railway Company Limited carrying on business as or proposing to carry on business as White Pass & Yukon Route, Nov. 25, 1997;
• Quebec North Shore & Labrador Railway Company, June 30, 1997;
• RaiLink Canada Ltd., June 5, 2006;
• St. Lawrence & Atlantic Railroad (Québec) Inc., Nov. 24, 1998;
• Sault Ste. Marie Bridge Company, May 20, 1997;
• Sydney Coal Railway Inc., May 6, 2004;
• Toronto Terminals Railway Company Limited, July 28, 1999;
• Tshiuetin Rail Transportation Inc., Apr. 1, 2005;
• Union Pacific Railroad Company, June 16, 1997;
• VIA Rail Canada Inc., May 6, 2004;
• Wabush Lake Railway Company Limited, Feb. 12, 1997.

Summary

The Canadian Transportation Agency is a quasi-judicial body responsible for the economic regulation of transportation in Canada. In general, the Agency issues orders and decisions authorizing or approving certain railway-related works, sets terms and conditions for such works, makes determinations on railway matters, and resolves disputes (including the apportionment of costs) between parties for any works that involve a railway under its jurisdiction.

Approvals and Determinations
Certificates of Fitness: Under the Canadian Transportation Act (the CTA), no person shall construct or operate a railway without a certificate of fitness issued by the Agency once the Agency is satisfied that there will be adequate liability insurance coverage for the proposed construction or operation of the railway. The Agency may also vary an existing certificate to reflect changes in railway operations or suspend or cancel a certificate, if necessary.

Railway Line Construction Approval: With some exceptions, a railway company may not construct any railway line without the approval of the Agency. In its consideration of whether the location of the proposed railway line is reasonable, the Agency will take into consideration the requirements for railway operations and services, the interests of any localities that will be affected by the line and the impacts on the environment.

Railway Crossings of Other Railways: Agreements respecting the construction of one railway across another railway may be filed with the Agency and become an order of the Agency authorizing such construction as per the terms of the agreement. Where the two railways cannot agree, the Agency may, by order, authorize the construction of the railway crossing or any related work.

Railway Track Determinations: The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line for the purposes of determining whether such track is subject to the transfer and discontinuance provisions of the CTA.

Resolution of Issues
Road Crossings of Railways: Road authorities and railway companies may enter into and file with the Agency (to become orders of the Agency), agreements respecting the construction, reconstruction, maintenance or apportionment of costs of road crossings of railways. If the parties cannot agree on any aspect, either party may apply to the Agency to resolve the issue and have an order issued authorizing the crossing. Issues that may be in dispute include, but are not limited to, 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 a crossing or supporting structure, the limits of a project, the portions of the project that are to be included as shareable costs, the duration of the agreement, liability or other terms and conditions.

Private Crossings of Railways: The Agency may determine whether a landowner has the right to a suitable crossing of a railway. Where no statutory right exists, the Agency may nevertheless authorize by order, any crossing it determines to be necessary and set terms and conditions for that crossing.

Utility Crossings of Railways: Utility companies and railway companies may enter into and file with the Agency (to become orders of the Agency) agreements respecting the construction, reconstruction, maintenance or apportionment of costs of utility crossings of railways. If the parties cannot agree on any aspect of the crossing, either party may apply to the Agency to resolve the issue and have an order issued authorizing the crossing. Issues that may be in dispute include, but are not limited to, 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.

Railway Works Cost Apportionment: Under the Railway Safety Act, the Agency may determine the apportionment of costs of construction, alteration, maintenance or operation of a railway work where the parties who may benefit from that work cannot agree. 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 such as protective devices at crossings, or any other structure along, across or beside a line of railway that facilitates railway operations such as fencing.

Railway Operation Compensation: Under the Railway Safety Act, the Agency may determine the amount of compensation to be paid to the owner, lessee or occupier of land adjoining a railway who has suffered a loss as a result of a railway exercising its powers to enter onto that land in order to prevent a threat to safe railway operations.

Complaints Concerning Railway Construction or Operation: Upon complaint, the Agency will determine whether the railway company has met its obligations to do as little damage as possible in the exercise of its powers to construct or operate a railway. Such complaints (non-safety) normally involve noise, vibration, pollution or drainage concerns.

Relocation of Railway Lines in Urban Areas: Under the Railway Relocation and Crossing Act, a province and all the municipalities within a designated urban area may agree on a transportation plan and a financial plan which may affect the operations of a railway company within that area. The Agency has the authority to order changes to the railway's operation up to and including the cessation of railway operations over designated railway lines, should the plans be filed with and accepted by the Agency.

Schedule A Directives: These Directives are a set of instructions designed to assist railways and other parties by providing a third party assessment of rail costs and by setting a consistent, nation-wide structure when billing is required for work done on railway crossings, railway crossing warning systems or for any other railway construction or maintenance work. The Agency issues these Directives which may be used by the parties associated with railway-related construction work.

Applications/Complaints
Applications or complaints relative to the above may be initiated by road authorities (public authorities having legal jurisdiction to open and maintain roadways), utility companies, railways, landowners or members of the public. They are assessed on the basis of public convenience, railway requirements, fair and reasonable apportionment of costs between parties and environmental impact.

The application/complaint process involves the gathering of information and comments on the project from interested parties. The Agency reviews the application or complaint and all submissions from participants, makes a determination based on the information provided and issues orders and/or decisions authorizing the project and/or resolving any disputed issues where appropriate.

Generally, applicants must provide the Agency, in writing, with a clear and concise description of the work proposed along with the reasons for the work, a site plan, a statement setting out the environmental impact of the proposal and details on the proposed apportionment of costs of construction and maintenance of the project.

Transfer and Discontinuance of Railway Lines : Division V of the Canada Transportation Act sets out the process whereby a railway company may:

a) transfer a railway line to another railway operator or to a government through whose territory the line runs; or

b) discontinue the operation of the railway line. The Agency may investigate and determine any complaint that the process has not been complied with.

All applications or complaints should be addressed to the Secretary, Canadian Transportation Agency, Ottawa, Ontario K1A 0N9, Fax: (819) 953-5253.

In order to assist in making an application or complaint to the Agency, a number of documents are available for reference. These include:

• Agency General Rules;
• Determining Net Salvage Value;
• Environmental Assessment Procedures;
• Guidelines on Apportionment of Costs of Grade Separations;
• Guide to Certificates of Fitness;
• Guide to Private (Farm) Crossings of Railways;
• Guide to Railway Charges for the Maintenance and Construction of Road Crossings;
• Guide to Railway Crossings of Other Railways;
• Guide to Railway Line Construction;
• Guide to Railway Operation Compensation;
• Guide to Railway Works Cost Apportionment;
• Guide to Road Crossings of Railways;
• Guide to Utility Crossings of Railways;
• Railway Safety Management Systems Regulations;
• Railway Third Party Liability Insurance Coverage Regulations;
• Resolving Disputes Through Mediation;
• The Canada Transportation Act and the Rail and Marine Transportation Branch;
• The Rail Infrastructure Directorate: A Guide;
• Transfer and Discontinuance of Railway Line Operations and Railway Track Determinations.

The Railway Safety Directorate of Transport Canada is responsible for the review of railway safety matters including safety requirements at all types of crossings and is also responsible for the administration of federal funding respecting railway safety.

The Transportation Safety Board of Canada is responsible for investigating accidents at railway crossings.

New Brunswick Contact(s):
See National Contact.

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National Contact(s):
Railway Safety Directorate
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario  K1A 0N5
Telephone: 613-990-2309
Fax: 613-954-4731 / 998-8620
E-mail: webfeedback@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm

Railway/Commodity Pipelines
Investigation Branch
Transportation Safety Board of Canada
P.O. Box 9120
Ottawa, Ontario  K1G 3T8
Telephone: 819-994-3741
Fax: 819-997-2239
Toll-free (information): 819-953-7287

Mr. Ian Spear
Director
Rail Infrastructure
Canadian Transportation Agency
Terrasses de la Chaudière
15 Eddy Street
Gatineau, Quebec  K1A 0N9
Telephone: (819) 953-0327
Fax: (819) 953-8353