Canada Transportation Act (S.C. 1996, c. 10)

Marginal note:Variation of certificate

• 93 (1) The Agency may, on application, vary a certificate of fitness

  • (a) to change the termini or route of a line specified in the certificate;

  • (b) to add a line to the certificate; or

  • (c) to reflect a change in railway operations or circumstances relating to those operations.

• Marginal note:Variation when running rights granted

  (2) The Agency may vary a certificate of fitness when it

  • (a) makes an order under paragraph 116(4)(e) that requires a railway company to grant a right to the holder of the certificate; or

  • (b) grants a right under section 138 to the holder of the certificate.

Liability Insurance

Marginal note:Continuing requirement

• 93.1 (1) The holder of a certificate of fitness shall maintain at all times,

  • (a) if the certificate was issued under paragraph 92(1)(a), adequate liability insurance coverage, as determined in accordance with the regulations, for the operation or construction of the railway for which the certificate was issued; or

  • (b) if the certificate was issued under paragraph 92(1)(b), the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV, for the operation of the railway for which the certificate was issued.

• Marginal note:Covered risks

  (2) The liability insurance referred to in paragraph (1)(b) must cover the risks described in paragraphs 92(1.1)(a) to (d) that may arise out of the operation.

• Marginal note:Self-insurance

  (3) For the purpose of paragraph (1)(b), the amount of self-insurance must not exceed the maximum amount of self-insurance that the holder of the certificate of fitness can sustain based on its financial capability.

Marginal note:Notice of insurance changes

94 The holder of a certificate of fitness shall notify the Agency in writing without delay

• (a) if the liability insurance coverage is cancelled or altered; or

• (b) if there are any changes to the construction or operation that may affect the liability insurance coverage.

Marginal note:Inquiry

94.1 The Agency may make an inquiry to determine whether a holder of a certificate of fitness complies with section 93.1.

Marginal note:Suspension or cancellation of certificate of fitness

94.2 The Agency shall suspend or cancel a certificate of fitness if it determines that the holder of the certificate has failed to comply with section 93.1.

General Powers of Railway Companies

Marginal note:Powers

• 95 (1) Subject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway:

  • (a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;

  • (b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;

  • (c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;

  • (d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and

  • (e) do anything else necessary for the construction or operation of the railway.

• Marginal note:Minimal damage

  (2) The railway company shall do as little damage as possible in the exercise of the powers.

• Marginal note:Restoration

  (3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.

• Marginal note:Compensation

  (4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.

Noise and Vibration

Marginal note:Obligation

95.1 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account

• (a) its obligations under sections 113 and 114, if applicable;

• (b) its operational requirements; and

• (c) the area where the construction or operation takes place.

Marginal note:Guidelines

• 95.2 (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to

  • (a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and

  • (b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.

• Marginal note:Consultations

  (2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.

• Marginal note:Not statutory instruments

  (3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Complaints and investigations

• 95.3 (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.

• Marginal note:Restriction

  (2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.

Marginal note:Public passenger service providers

95.4 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.

Land Transfer

Marginal note:Land taken pursuant to section 134 of Railway Act

• 96 (1) Where a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown.

• Marginal note:Alienation to other persons

  (2) The land may be transferred to any other person for the purpose of continuing railway operations if

  • (a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or

  • (b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.

• Marginal note:Continuing application to subsequent transfers

  (3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.

• Marginal note:Existing rights

  (4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.

Marginal note:Land obtained for railway purposes

• 97 (1) Subject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land.

• Marginal note:Transfer of authority

  (2) If the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.

Railway Lines

Marginal note:No construction without Agency approval

• 98 (1) A railway company shall not construct a railway line without the approval of the Agency.

• Marginal note:Grant of approval

  (2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.

• Marginal note:Exception

  (3) No approval is needed for the construction of a railway line

  • (a) within the right of way of an existing railway line; or

  • (b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.

Marginal note:Filing agreements

• 99 (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.

• Marginal note:Effect of filing

  (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.

• Marginal note:No agreement

  (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.

Road and Utility Crossings

Marginal note:Definitions

100 In this section and section 101,

road crossing

road crossing means the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing; (franchissement routier)

utility crossing

utility crossing means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing; (franchissement par desserte)

utility line

utility line means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services. (desserte)

Marginal note:Filing agreements

• 101 (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.

• Marginal note:Effect of filing

  (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement.

• Marginal note:No agreement on construction or maintenance

  (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.

• Marginal note:No agreement on apportionment of costs

  (4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.

• Marginal note:Non-application of section

  (5) This section does not apply in any circumstances where section 102 or 103 applies.

Private Crossings

Marginal note:Divided land

102 If an owner’s land is divided as a result of the construction of a railway line, the railway company shall, at the owner’s request, construct a suitable crossing for the owner’s enjoyment of the land.

Marginal note:Other crossings may be ordered

• 103 (1) If a railway company and an owner of land adjoining the company’s railway do not agree on the construction of a crossing across the railway, the Agency, on the application of the owner, may order the company to construct a suitable crossing if the Agency considers it necessary for the owner’s enjoyment of the land.

• Marginal note:Terms and conditions

  (2) The Agency may include in its order terms and conditions governing the construction and maintenance of the crossing.

• Marginal note:Costs of construction and maintenance

  (3) The owner of the land shall pay the costs of constructing and maintaining the crossing.

DIVISION IIIFinancial Transactions of Railway Companies

Security

Marginal note:Deposit of mortgage, hypothec or security agreement

• 104 (1) The following may, in accordance with the regulations, be deposited by any person in the office of the Registrar General of Canada or in any other place that the Governor in Council may, by order, specify:

  • (a) a mortgage or hypothec issued by a railway company;

  • (b) a security agreement entered into by a railway company;

  • (c) an assignment or other document affecting a document referred to in paragraph (a) or (b); or

  • (d) a copy of any document referred to in any of paragraphs (a) to (c) or a summary of any such document made in accordance with regulations made under section 105.1.

• Marginal note:Effect of deposit

  (2) Once the deposit is made, the mortgage or hypothec, security agreement, assignment or other document need not be deposited, registered or filed under any other law or statute respecting real or personal property, and the deposited document is valid against all persons.