Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)

Act current to 2019-06-20

PART IJoint Urban Development and Transportation Plans (continued)

Marginal note:Order following approval

  •  (1) For the purpose of carrying into effect a transportation plan accepted by the Agency under section 6, the Agency may, by order, subject to any requirements imposed by or under the Railway Safety Act,

    • (a) require a railway company to permit the locomotives and trains of another railway company or the equipment of a rapid transit or public transit system to be operated over its lines or right-of-way within the transportation study area to which the transportation plan relates on such terms and conditions in respect of compensation as are set out in the financial plan accepted by the Agency and according to such rules as the Agency may prescribe with respect to those operations;

    • (b) require a railway company to operate only trains carrying such class or classes of traffic over such of its lines within the transportation study area to which the transportation plan relates as may be specified by the Agency;

    • (c) require a railway company to build a railway line in such location as may be specified by the Agency within the transportation study area to which the transportation plan relates, or to make any connections between such railway lines or any rapid transit or public transit systems within the transportation study area as may be specified by the Agency; or

    • (d) require the closing of any existing railway crossing at grade level on any railway line within the transportation study area to which the transportation plan relates if the closing thereof is required under the transportation plan accepted by the Agency.

  • Marginal note:Powers to acquire land

    (2) When the Agency makes an order under subsection (1) requiring a railway company to build a railway line or to make any connections between railway lines, all the provisions of law at that time applicable to the taking of land by the railway company, to its valuation and sale and conveyance to the company, and to the compensation therefor, apply to the land required for the proper carrying out of that order.

  • R.S., 1985, c. R-4, s. 8
  • R.S., 1985, c. 28 (3rd Supp.), s. 359, c. 32 (4th Supp.), s. 116
  • 1999, c. 31, s. 187(E)

Marginal note:Acquisition of railway land

 When the Agency makes an order under section 7 requiring a railway company to cease to operate over a line within a transportation study area, the Agency may recommend that the Minister of Public Works and Government Services acquire any land that is or was occupied as part of its railway undertaking by the railway company subject to such conditions as the Agency may prescribe, and the Minister of Public Works and Government Services may acquire such land by purchase or by expropriation under the Expropriation Act.

  • R.S., 1985, c. R-4, s. 9
  • R.S., 1985, c. 28 (3rd Supp.), s. 359
  • 1999, c. 31, s. 188

Marginal note:Necessary laws

 An order under section 7 or 8 shall be issued only after the Agency is satisfied that the government of the province and each municipality that has agreed to the accepted plan have caused such laws to be passed or such orders to be made as are necessary to carry the accepted plan into effect.

  • R.S., 1985, c. R-4, s. 10
  • R.S., 1985, c. 28 (3rd Supp.), s. 359

Marginal note:Power to dispose of property

 The Minister of Public Works and Government Services may sell or lease or otherwise dispose of any land acquired pursuant to section 9 if that disposition is consistent with the accepted plan and any conditions prescribed by the Agency with respect to the acquisition of the land by that Minister.

  • R.S., 1985, c. R-4, s. 11
  • R.S., 1985, c. 28 (3rd Supp.), s. 359
  • 1999, c. 31, s. 189

Marginal note:Power to withhold funds

 If, after accepting a transportation plan under section 6 and making orders under section 7 or 8 in respect thereof, the Agency is given reason to believe that the provisions of the transportation plan are not being carried into effect at the times and in the manner prescribed by the plan, any amounts that may be applied or recommended for payment by the Agency under this Act may be withheld by the Agency or the Minister of Transport until the Agency is satisfied that all reasonable efforts are being made to carry the plan into effect at the times and in the manner prescribed by the plan.

  • R.S., 1985, c. R-4, s. 12
  • R.S., 1985, c. 28 (3rd Supp.), s. 359

Marginal note:Recommending relocation grant

  •  (1) When an order is made by the Agency under section 7 or 8, the Agency may recommend to the Minister of Transport that a grant, in this Part referred to as a “relocation grant”, be paid to meet part of the costs of implementing the transportation plan accepted by the Agency.

  • Marginal note:Amount of relocation grant

    (2) A relocation grant shall not exceed fifty per cent of the net costs of railway relocation as determined pursuant to section 15.

  • Marginal note:Interest rate

    (3) The Agency may, after consultation with the Minister of Transport and the Minister of Finance, establish a rate of interest to be used for the purpose of calculating the current value of items for which costs are required to be calculated for the purposes of this Part.

  • Marginal note:Payment of relocation grant

    (4) When a relocation grant is recommended by the Agency in respect of a transportation plan accepted by it, the Minister of Transport may, subject to such terms and conditions as he may consider necessary to effect the financial plan attached to the accepted plan in which that transportation plan was set out, authorize the payment out of moneys appropriated by Parliament therefor of an amount, not exceeding the amount limited under subsection (2), to defray part of the costs of carrying out the transportation plan.

  • R.S., 1985, c. R-4, s. 13
  • R.S., 1985, c. 28 (3rd Supp.), s. 359

Marginal note:Valuation of lands

 Where pursuant to this Act a determination of the value of any land is required to be made by the Agency for the determination of the net costs of railway relocation, the Agency may appoint such qualified land appraisers as are necessary to determine the value of that land.

  • R.S., 1985, c. R-4, s. 14
  • R.S., 1985, c. 28 (3rd Supp.), s. 359

Marginal note:Determining net cost of railway relocation

 The Agency shall determine the net costs of railway relocation for the purposes of this Part in accordance with the rules set out in the schedule.

  • R.S., 1985, c. R-4, s. 15
  • R.S., 1985, c. 28 (3rd Supp.), s. 359

 [Repealed, R.S., 1985, c. 32 (4th Supp.), s. 117]

PARTS II AND III[Repealed, R.S., 1985, c. 32 (4th Supp.), s. 118]

 
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