Railway / Municipality Proximity Issue Details FAQs, Applicable Legislation, and References to Further Information

CATEGORY 4. Adjoining/Connecting Infrastructure Subject Area 4.2. Wire Crossings Issue 4.2.c. Construction and Maintenance Frequently Asked Questions How do parties work together for the safe construction and maintenance of wire crossings?

Ans. When utility companies and/or railways need to construct, modify or maintain facilities where they cross each other, they must ensure that they work together so that all safety regulations and standards are met. Utility companies include any company that transmits goods or energy, or provides services, through wires, cables or pipelines. The parties involved in constructing or maintaining a utility crossing may negotiate any aspect of a crossing such as terms and conditions governing possible alteration, notice, process and supervision of project, liability, design and material standards, duration of project and the apportionment of costs as well as the all-important safety requirements. Under Sections 100 and 101 of the Canada Transportation Act (CTA), they may file an agreement, or an amendment to an agreement, with the Canadian Transportation Agency. The filed agreement becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided in the agreement. The Agencys Guide to Railway Charges for Crossing Maintenance and Construction has been developed to assist the railways and other parties such as road authorities and utility companies, by providing a third party assessment of rail costs and setting a consistent, nation-wide rate structure for work performed by railway companies. In cases of disputes between the parties, the CTA is responsible for resolving issues arising between the parties. The Agency may authorize the construction of a suitable utility crossing or any related work, and may rule on any disputed issue within the Agency's jurisdiction including issues relating to the construction, maintenance and apportionment of costs.

Applicable Legislation (What regulates the construction and maintenance of wire crossings?) Under the Canada Transportation Act (CTA) Section 95.(1), railways are allowed to divert or alter the placement of wires or poles across or along the railway for the purposes of safe construction or operation of the railway. Under Sections 100 and 101 of the Canada Transportation Act (CTA) (Part III), they may file an agreement, or an amendment to an agreement, with the Canadian Transportation Agency. Under Section 101, if the parties are unable to reach an agreement respecting a utility crossing, the party proposing to install the crossing may apply to the Canadian Transportation Agency. The Agency may authorize the construction of a suitable utility crossing or any related work, and may rule on any disputed issue within the Agency's jurisdiction. In addition, the CTA Regulations Respecting Standards For Wire Crossings And Proximities C.R.C. c.1195 General Order No. E-11 outline standards for the construction and maintenance of lines and wires to be carried out according to specifications of the Canadian Standards Association (CSA) Standard C22.3 No. 1-1970, part of Overhead Systems and Underground Systems of the Canadian Electrical Code, Part III. These regulations mandate that the construction and maintenance shall be carried out, and the line operated, in such a manner as not unduly interfere with or obstruct the operation of any railway or line crossed or neared or to endanger the safety of the railway or line or of persons using or working on the railway or line. Furthermore the party proposing to construct or maintain must apply to the party owning, operating or having control over the railway or line for its written consent to the construction and maintenance of the line; and make available detailed plans of the construction. The CTA Height of Wires of Telegraph and Telephone Lines Regulations calls for standards for height of telegraph or telephone polls in accordance with the provisions relating to communication lines in Canadian Standards Association (CSA) Standard C22.3 No. 1-1970. Under the Regulations Respecting Joint Use Of Poles By Telephone, Telegraph And Electric Power Corporations C.R.C. c.1185 General Order No. E-12, parties such as telephone, telegraph, communication and electric power corporations may erect and maintain their lines, plant and facilities upon the poles and other such structures of each other with the consent of the party owning, operating or controlling the poles. Under the Railway Safety Act (RSA) Section 11, a professional engineer is required to take responsibility for any engineering that is related to railway work. Under Sections 27 and 28, Railway Safety Inspectors must monitor compliance with all safety and security regulations, emergency directives, rules, and orders made under the RSA. Provincial construction codes and various municipal bylaws may be applicable as well.

Reference to further information (How do I find out more about...?) Railway Safety Act (RSA) http://www.tc.gc.ca/acts-regulations/GENERAL/R/rsa/act/rsa.html Role of Railway Safety Inspectors (TP 13555E) http://www.tc.gc.ca/railway/pamphlet/role_rsi.htm Transport Canada Guideline - Engineering Work Relating To Railway Works (Section 11 - Railway Safety Act) http://www.tc.gc.ca/railway/RSA/RSA_english.htm Canada Transportation Act http://www.tc.gc.ca/acts-regulations/GENERAL/c/ct/act/ct_a.htm Canadian Transportation Agency http://www.cta-otc.gc.ca/index_e.html Canadian Transportation Agencys Guide to Utility Crossings of Railways http://www.cta-otc.gc.ca/rail-ferro/xings/util2_e.html CTAs Guide to Railway Charges for Crossing Maintenance and Construction Rail Infrastructure Directorate Rail and Marine Branch July 2005 http://www.cta-otc.gc.ca/rail-ferro/xings/guide_e.html Height of Wires of Telegraph and Telephone Lines Regulations C.R.C. c. 1182 General Order No. R-E-18 http://laws.justice.gc.ca/en/C-10.4/C.R.C.-c.1182/text.html Joint Use of Poles Regulations C.R.C., c. 1185 General Order No. E-12 http://laws.justice.gc.ca/en/C-10.4/C.R.C.-c.1185/text.html Wire Crossings and Proximities Regulations C.R.C., c. 1195 General Order No. E-11 http://laws.justice.gc.ca/en/C-10.4/C.R.C.-c.1195/text.html Canadian Standards Association http://www.csa.ca