Grade Crossings Regulations (SOR/2014-275)

Marginal note:Stop and proceed

107 Despite sections 105 and 106, if railway equipment must stop before proceeding across a public grade crossing that is located in an area referred to in section 104 and that is used by motor vehicles,

• (a) a warning system with flashing lights and bells must be installed at the grade crossing and must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards; or

• (b) the railway company must manually protect the grade crossing.

Records

Information Sharing

Marginal note:Railway company

108 A railway company must keep the most recent information provided to a road authority under sections 4 to 11 and the most recent information received from a road authority under sections 12 to 18.

Inspection, Testing and Maintenance

Marginal note:Content

• 109 (1) On the day on which a railway company inspects, tests or maintains a warning system, it must record the following information:

  • (a) the identity of the person who conducts the inspection, testing or maintenance;

  • (b) the date of the inspection, testing or maintenance;

  • (c) the precise location of the warning system;

  • (d) the reason for the inspection, testing or maintenance;

  • (e) a description of the inspection, testing or maintenance that is conducted;

  • (f) an indication of any malfunction or failure of a component of the warning system; and

  • (g) an indication of any deviation from the Grade Crossings Standards and the action taken to remedy it.

• Marginal note:Integrity of record

  (2) The record must not be changed once it has been created.

• Marginal note:Duration

  (3) The record must be kept for two years after the day on which it is created. However, if the Grade Crossings Standards specify an interval of two or more years between each inspection, each test or each maintenance activity, the record of the two latest inspections, tests or maintenance activities must be kept.

Temporary Protection Measures

Marginal note:Malfunction, failure or condition

• 110 (1) A railway company must keep a record of any warning system malfunction or failure, or any condition that exists that may cause a malfunction or failure, of which it has been advised or has become aware under section 103 — even if the existence of the malfunction, failure or condition is not confirmed — and the record must contain the following information:

  • (a) the nature of the malfunction, failure or condition;

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

  • (c) the date and time that the railway company was advised or became aware of the malfunction, failure or condition;

  • (d) all of the measures taken by the railway company to address any threat to, or interference with, the safety of railway operations;

  • (e) the date and time that a representative of the railway company arrived at the grade crossing to

    • (i) take the measures referred to in paragraph (d), and

    • (ii) remedy the malfunction, failure or condition;

  • (f) all the measures taken by the railway company to restore the grade crossing to use or to remedy the malfunction, failure or condition, or the reason why no remedial action was taken, if applicable; and

  • (g) the date and time that the grade crossing was restored to use or the malfunction, failure or condition was remedied.

• Marginal note:Duration

  (2) The record must be kept for two years after the day on which the railway company was advised or became aware of the malfunction, failure or condition.

Repeals

111 [Repeal]

112 [Repeal]

Coming into Force

Marginal note:Day of registration

113 These Regulations come into force on the day on which they are registered.