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Rail Crossing Agreements

If you are in the first situation above, the desired intersection is called "Section 102." If you are in the second situation, it is called "section 103" intersection. These section names are taken from the Canada Transportation Act. This part of the guide is aimed at road authorities, distribution companies and railway companies. Landowners interested in private crossings should enter the first part. The 2019 Rail Charge Guide for The Maintenance and Construction of Crossroads contains a third-party assessment of rail costs and establishes uniform national timetables and guidelines for the work of railway companies. Between 2009 and 2015, there were an average of 178 incidents, resulting in 24 deaths and 25 serious injuries per year (source: TSB Canada). The Transportation Safety Board expressed concern that the risk of trains colliding with vehicles was too high. Mandatory inspections of the Railway Safety Act have highlighted the challenges of managing risks in transportation locations. As a result, Transport Canada has raised standards and adopted revised rules for crossings. Ideally, if a new crossing is required or an old crossing needs to be modified, the railway and the road service or distribution company agree on the construction, maintenance, planning and operation of the intersection. However, the railways have an inherent advantage in these negotiations.

In most cases, the crossing of the railways does not bring operational benefits and therefore provides little incentive to move the negotiations forward. In the meantime, municipalities and distribution companies have construction budgets, schedules and direct economic interests related to the rapid and efficient construction of the intersection. This imbalance provides the railways with the opportunity to obtain particularly favourable conditions from those who want to install a crossroads. Parties who sign a crossover agreement or amendment can copy the CTA. Any party can send us the document, but it must be signed by both parties. The signatures are proof that both parties have agreed to enter into or amend the agreement. If the dispute involves the allocation of construction, maintenance, modification or reconstruction costs for the intersection or associated railway work, include or attach the information below. Members consider a number of factors when deciding whether a cross is appropriate.

Here are some key factors that they take into account at road junctions: many municipalities negotiate agreements with railways regarding the construction, maintenance or distribution of costs for a utility company crossing a rail corridor. In accordance with Section 101 of the Canada Transportation Act S.C.1996, c.10 (the "Law"), these agreements and their amendments may be submitted to the Canadian Transportation Agency (ATC). If a person is unable to negotiate an agreement or amend an agreement, the CTA may authorize, upon request, the construction of an appropriate road crossing, crossing or related work and indicate who is responsible for the maintenance of the intersection. Completed in 2016 initially and underway, due to changes at public intersections. In both cases, your first step should always be to contact the train and discuss your interest in an appropriate intersection. Perhaps you and the railway can agree. You should discuss construction, maintenance and all other issues related to the intersection you want. This guide was developed by CP to help road authorities and private authorities (such as private crossing owners or landowners) understand how to work with CP to address Regulations and standards at Transport Canada crossings and advance our shared goal of improving rail crossing safety.