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Grade Crossings Regulations (SOR/2014-275)

Regulations are current to 2022-11-16 and last amended on 2021-11-26. Previous Versions

Grade Crossings Regulations

SOR/2014-275

RAILWAY SAFETY ACT

Registration 2014-11-28

Grade Crossings Regulations

P.C. 2014-1296 2014-11-27

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 7(1)Footnote a, section 7.1Footnote b, subsections 18(1)Footnote c and (2)Footnote d, paragraph 23.1(1)(a)Footnote e, subsection 24(1)Footnote f and sections 37Footnote g and 47 of the Railway Safety ActFootnote h, makes the annexed Grade Crossings Regulations.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Advisory Speed Tab sign

    Advisory Speed Tab sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panonceau Vitesse recommandée)

    average annual daily railway movements

    average annual daily railway movements means the number of movements of engines, or engines coupled with railway equipment, across a grade crossing in a year, divided by the number of days in that year. (moyenne annuelle de mouvements ferroviaires quotidiens)

    average annual daily traffic

    average annual daily traffic means the number of motor vehicles that cross a grade crossing in a year, divided by the number of days in that year. (débit journalier moyen annuel)

    crossing surface

    crossing surface means the part of a road that lies between the ends of a railway tie and that has the width shown in Figure 5-1 of the Grade Crossings Standards. (surface de croisement)

    cross-product

    cross-product means the product of the average annual daily railway movements and the average annual daily traffic. (produit vectoriel)

    design vehicle

    design vehicle means one of the vehicles shown in Figures 1.2.4.1 to 1.2.4.11 of the Geometric Design Guide for Canadian Roads, published by the Transportation Association of Canada and dated September 1999. (véhicule type)

    Emergency Notification sign

    Emergency Notification sign means the sign referred to in article 8.5 of the Grade Crossings Standards. (panneau Avis d’urgence)

    existing grade crossing

    existing grade crossing means a grade crossing for which actual construction is started before November 28, 2014. (passage à niveau existant)

    grade crossing

    grade crossing means a road crossing at grade, or two or more road crossings at grade where the lines of railway are not separated by more than 30 m. (passage à niveau)

    Grade Crossings Standards

    Grade Crossings Standards means the Grade Crossings Standards published by the Department of Transport and dated January 1, 2019. (Normes sur les passages à niveau)

    high-priority grade crossing

    high-priority grade crossing means a public grade crossing with average annual daily railway movements of 10 or more and a railway design speed of 97 km/h (60 mph) or more. (passage à niveau de priorité élevée)

    new grade crossing

    new grade crossing means a grade crossing for which actual construction is started on or after November 28, 2014. (nouveau passage à niveau)

    Number of Tracks sign

    Number of Tracks sign means the sign referred to in article 8.1.2 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Nombre de voies ferrées)

    Prepare to Stop at Railway Crossing sign

    Prepare to Stop at Railway Crossing sign means the sign referred to in article 18.1 of the Grade Crossings Standards. (panneau Préparez-vous à arrêter à un passage à niveau)

    private authority

    private authority means a person, other than a road authority, who has a right with respect to a private grade crossing. (autorité privée)

    private grade crossing

    private grade crossing means a grade crossing that is not a public grade crossing. (passage à niveau privé)

    public grade crossing

    public grade crossing means a grade crossing whose road is opened or maintained by a road authority and is designed for public use. (passage à niveau public)

    Railway Crossing Ahead sign

    Railway Crossing Ahead sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panneau Signal avancé d’un passage à niveau)

    Railway Crossing sign

    Railway Crossing sign means the sign and post referred to in article 8.1.1 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Passage à niveau)

    railway design speed

    railway design speed means the railway equipment speed that corresponds to the current design of the grade crossing. (vitesse de référence sur la voie ferrée)

    road approach

    road approach means the part of a road, other than the crossing surface, that lies between the point that marks the start of the stopping sight distance and the point that marks the front of a design vehicle when it is past the clearance point as shown in Figure 10-1 of the Grade Crossings Standards. (abord routier)

    road crossing design speed

    road crossing design speed means the motor vehicle speed that corresponds to the current design of the grade crossing. (vitesse de référence au franchissement routier)

    sightlines

    sightlines means the sightlines referred to in sections 20 and 21, as applicable. (lignes de visibilité)

    Stop Ahead sign

    Stop Ahead sign means the sign referred to in article 8.3.1 of the Grade Crossings Standards. (panneau Signal avancé d’arrêt)

    Stop sign

    Stop sign means the sign referred to in article 8.4.1 of the Grade Crossings Standards. (panneau Stop)

    stopping sight distance

    stopping sight distance means the distance calculated in accordance with article 7.2 of the Grade Crossings Standards. (distance de visibilité d’arrêt)

    storage distance

    storage distance means, on a road that crosses a grade crossing, the shortest distance between the rail nearest the road approach of the grade crossing and the edge of the nearest intersecting road, measured along the centre line of the road, as represented by D in Figure 11-1 of the Grade Crossings Standards. (distance de stockage)

    traffic control device

    traffic control device means

    • (a) a Stop sign;

    • (b) a Stop Ahead sign;

    • (c) a Railway Crossing Ahead sign;

    • (d) an Advisory Speed Tab sign;

    • (e) a Prepare to Stop at Railway Crossing sign, including the interconnection with the warning system; or

    • (f) a traffic signal, including the interconnection with the warning system. (dispositif de contrôle de la circulation)

    warning system

    warning system means an automated system, other than an interconnected traffic signal, that indicates the approach or presence of railway equipment at a grade crossing and that is composed of any combination of light units, bells, gates, operating mechanisms and circuits. (système d’avertissement)

  • Marginal note:Separate grade crossings

    (2) For the purposes of these Regulations, two adjacent and separate roads that are used by motor vehicles and that cross one or more lines of railway are considered to be separate grade crossings.

Application

Marginal note:Application

  •  (1) These Regulations apply in respect of public grade crossings and private grade crossings.

  • Marginal note:Railway company

    (2) Despite subsection (1), these Regulations do not apply in respect of a private grade crossing if the road is opened or maintained by a railway company that is the sole private authority at the grade crossing.

  • Marginal note:Non-application

    (3) Despite subsection (1), sections 19 to 96 do not apply in respect of the following grade crossings:

    • (a) a public grade crossing where

      • (i) the average annual daily railway movements is less than three,

      • (ii) the railway design speed is 17 km/h (10 mph) or less,

      • (iii) it does not cross more than one track,

      • (iv) the storage distance is 30 m or more, except if, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles,

      • (v) whistling is required or permitted when railway equipment is approaching the grade crossing, and

      • (vi) the cross-product is less than 2 000;

    • (b) a private grade crossing where

      • (i) the railway design speed is 17 km/h (10 mph) or less,

      • (ii) it does not cross more than two tracks, and

      • (iii) the cross-product is less than 100;

    • (c) a private grade crossing where

      • (i) the railway design speed for freight trains is 41 km/h (25 mph) or less,

      • (ii) the railway design speed for passenger trains is 49 km/h (30 mph) or less,

      • (iii) it does not cross more than one track,

      • (iv) the storage distance is 30 m or more, except if, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles,

      • (v) the cross-product is less than 100, and

      • (vi) there is no sidewalk; and

    • (d) a grade crossing where the average annual daily railway movements is zero.

Compliance

Marginal note:Public grade crossing

  •  (1) Unless otherwise specified in an order of the Agency or in an agreement filed with the Agency under subsection 101(1) of the Canada Transportation Act, in the case of a public grade crossing,

    • (a) a railway company must ensure compliance with the requirements of these Regulations respecting

      • (i) a Railway Crossing sign, a Number of Tracks sign and an Emergency Notification sign,

      • (ii) the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) a warning system,

      • (iv) a crossing surface, other than its design, and

      • (v) sightlines within the railway right-of-way and over land adjoining the railway right-of-way, including the removal of trees and brush that obstruct the sightlines; and

    • (b) a road authority must ensure compliance with the requirements of these Regulations respecting

      • (i) the design, construction and maintenance of a road approach,

      • (ii) traffic control devices, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) the design of a crossing surface, and

      • (iv) sightlines within the land on which the road is situated and over land in the vicinity of the grade crossing, including the removal of trees and brush that obstruct the sightlines.

  • Marginal note:Private grade crossing

    (2) Unless otherwise specified in an order of the Agency under section 103 of the Canada Transportation Act, in the case of a private grade crossing,

    • (a) a railway company must ensure compliance with the requirements of these Regulations respecting

      • (i) a Railway Crossing sign, a Number of Tracks sign and an Emergency Notification sign,

      • (ii) the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign,

      • (iii) a warning system,

      • (iv) a crossing surface and a road approach within the railway right-of-way, including the selection of the road crossing design speed and design vehicle, and

      • (v) sightlines within the railway right-of-way and over land adjoining the railway right-of-way — other than sightlines over land owned by a private authority — including the removal of trees and brush that obstruct the sightlines; and

    • (b) a private authority must ensure compliance with the requirements of these Regulations respecting

      • (i) a road approach outside the railway right-of-way, other than the road crossing design speed and design vehicle,

      • (ii) traffic control devices on land owned by the private authority, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign, and

      • (iii) sightlines over land owned by the private authority up to the railway right-of-way, including the removal of trees and brush that obstruct the sightlines.

Information Sharing

Railway Company

Marginal note:Information

  •  (1) A railway company must provide a road authority, in writing, with the following information in respect of a public grade crossing:

    • (a) the precise location of the grade crossing;

    • (b) the number of tracks that cross the grade crossing;

    • (c) the average annual daily railway movements;

    • (d) the railway design speed;

    • (e) the warning system in place at the grade crossing;

    • (f) an indication of whether a Stop sign is installed on the same post as the Railway Crossing sign; and

    • (g) an indication of whether or not whistling is required when railway equipment is approaching the grade crossing.

  • Marginal note:Timing

    (2) The information must be provided on receipt of a notice under section 3 of the Notice of Railway Works Regulations.

  • Marginal note:Timing — existing grade crossing

    (3) In the case of an existing grade crossing, the information must be provided not later than the day that is two years after November 28, 2014, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period.

 
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