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.
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
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.
- 1996, c. 10, s. 104;
- 1999, c. 31, s. 38(E);
- 2007, c. 19, s. 30.
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