Vol. 148, No. 26 — December 17, 2014

Registration

SOR/2014-275 November 28, 2014

RAILWAY SAFETY ACT

Grade Crossings Regulations

P.C. 2014-1296 November 27, 2014

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

TABLE OF CONTENTS

(This table is not part of the Regulations.)

GRADE CROSSINGS REGULATIONS

INTERPRETATION

1. Definitions

APPLICATION

2. Application

COMPLIANCE

3. Public grade crossing

INFORMATION SHARING

RAILWAY COMPANY

4. Information

5. Change

6. Railway design speed

7. Exception

8. Average annual daily railway movements

9. Whistling

10. Transfer of line of railway

11. Date and contact information

ROAD AUTHORITY

12. Information

13. Change

14. Road crossing design speed

15. Interconnected traffic signal and sign

16. Exception

17. Transfer of road

18. Date and contact information

SIGHTLINES

APPLICATION

19. Public grade crossing

STANDARDS

20. New grade crossing with a warning system

21. Existing grade crossing without a warning system

22. Warning system with a gate

MAINTENANCE OF SIGHTLINES

23. Maintenance of sightlines

OBSTRUCTION OF SIGHTLINES

24. Buildings and structures

25. Things placed on land

26. Trees and brush

27. Unattended railway equipment

CHANGES

28. Changes to grade crossing

NEW GRADE CROSSING

PROHIBITION

29. Construction

DESIGN AND CONSTRUCTION

30. Application

31. Crossing surface

32. Road approach

33. Location

34. Departure times

35. Design vehicle

36. Road crossing design speed

SIGNS AND WARNING SYSTEM

Public Grade Crossing
Application

37. Application

Signs

38. Railway Crossing sign and Number of Tracks sign

39. Emergency Notification sign

40. Stop sign

41. Stop Ahead sign

42. Railway Crossing Ahead sign and Advisory Speed Tab sign

43. Prepare to Stop at Railway Crossing sign

Warning System

44. Warning system

45. Warning system with a gate

46. Interconnected traffic signal

Private Grade Crossing
Application

47. Application

Signs

48. Railway Crossing sign and Number of Tracks sign

49. Stop Ahead sign

50. Railway Crossing Ahead sign and Advisory Speed Tab sign

51. Prepare to Stop at Railway Crossing sign

Warning System

52. Application

53. Warning system

54. Sidewalk, path or trail

55. Warning system with a gate

56. Interconnected traffic signal

EXISTING GRADE CROSSING

PUBLIC GRADE CROSSING

Design Vehicle

57. Selection

Cumulative Requirements

58. Basic requirements

59. Additional requirements — seven years

Crossing Surface and Road Approach

60. Crossing surface

61. Road approach

Signs

62. Railway Crossing sign

63. Emergency Notification sign

64. Stop sign

65. Stop Ahead sign

66. Railway Crossing Ahead sign and Advisory Speed Tab sign

67. Prepare to Stop at Railway Crossing sign

Warning System

68. Light distribution and intensity

69. Warning time

70. Cut-out circuits

71. Directional stick circuit

PRIVATE GRADE CROSSING

Design Vehicle

72. Selection

Cumulative Requirements

73. Railway Crossing sign and Number of Tracks sign

74. Additional requirements — seven years

75. Requirements respecting warning systems — seven years

Crossing Surface and Road Approach

76. Crossing surface

77. Road approach

78. Road crossing design speed

Signs

79. Stop Ahead sign

80. Railway Crossing Ahead sign and Advisory Speed Tab sign

81. Prepare to Stop at Railway Crossing sign

Warning System

82. Light distribution and intensity

83. Warning time

84. Cut-out circuits

85. Directional stick circuit

CHANGES TO GRADE CROSSING

86. Signs

87. New warning system

88. Change to road geometry

89. Change to road approach

90. Interconnected traffic signals

91. Change in design vehicle

GENERAL REQUIREMENTS

INSTRUMENT HOUSING

92. Locked housing

INSPECTION, TESTING AND MAINTENANCE

93. Design plan — railway company

94. Initial installation

95. Periodic inspection and testing

96. Interconnection with a warning system

OBSTRUCTION OF GRADE CROSSING

Prohibitions

97. Unnecessary activation of warning system

Safety Concern

98. Collaboration

Emergency Vehicles

99. Passage of emergency vehicles

STOPPING ON CROSSING SURFACE

100. Measures

CONSTRUCTION OF INTERSECTION OR ACCESS ROAD

101. Intersection or access road

TEMPORARY PROTECTION MEASURES

102. Threat or interference

103. Malfunction, failure or condition

AUDIBLE WARNING

104. Prescribed requirements

105. Public grade crossing — motor vehicles

106. Public grade crossing — sidewalk, path or trail

107. Stop and proceed

RECORDS

INFORMATION SHARING

108. Railway company

INSPECTION, TESTING AND MAINTENANCE

109. Content

TEMPORARY PROTECTION MEASURES

110. Malfunction, failure or condition

REPEALS

111. Highway Crossings Protective Devices Regulations

112. Railway-Highway Crossing at Grade Regulations

COMING INTO FORCE

113. Day of registration

GRADE CROSSINGS REGULATIONS

INTERPRETATION

Definitions

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

“Advisory Speed Tab sign”
« panonceau Vitesse recommandée »

“Advisory Speed Tab sign” means the sign referred to in article 8.2.1 of the Grade Crossings Standards.

“average annual daily railway movements”
« moyenne annuelle de mouvements ferroviaires quotidiens »

“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.

“average annual daily traffic”
« débit journalier moyen annuel »

“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.

“crossing surface”
« surface de croisement »

“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.

“design vehicle”
« véhicule type »

“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.

“Emergency Notification sign”
« panneau Avis d’urgence »

“Emergency Notification sign” means the sign referred to in article 8.5 of the Grade Crossings Standards.

“existing grade crossing”
« passage à niveau existant »

“existing grade crossing” means a grade crossing for which actual construction is started before the day on which these Regulations come into force.

“grade crossing”
« passage à niveau »

“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.

“Grade Crossings Standards”
« Normes sur les passages à niveau »

“Grade Crossings Standards” means the Grade Crossings Standards published by the Department of Transport and dated July 2014.

“new grade crossing”
« nouveau passage à niveau »

“new grade crossing” means a grade crossing for which actual construction is started on or after the day on which these Regulations come into force.

“Number of Tracks sign”
« panneau Nombre de voies ferrées »

“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.

“Prepare to Stop at Railway Crossing sign”
« panneau Préparez-vous à arrêter à un passage à niveau »

“Prepare to Stop at Railway Crossing sign” means the sign referred to in article 18.1 of the Grade Crossings Standards.

“private authority”
« autorité privée »

“private authority” means a person, other than a road authority, who has a right with respect to a private grade crossing.

“private grade crossing”
« passage à niveau privé »

“private grade crossing” means a grade crossing that is not a public grade crossing.

“public grade crossing”
« passage à niveau public »

“public grade crossing” means a grade crossing whose road is opened or maintained by a road authority and is designed for public use.

“Railway Crossing Ahead sign”
« panneau Signal avancé d’un passage à niveau »

“Railway Crossing Ahead sign” means the sign referred to in article 8.2.1 of the Grade Crossings Standards.

“Railway Crossing sign”
« panneau Passage à niveau »

“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.

“railway design speed”
« vitesse de référence sur la voie ferrée »

“railway design speed” means the railway equipment speed that corresponds to the current design of the grade crossing.

“road approach”
« abord routier »

“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.

“road crossing design speed”
« vitesse de référence au franchissement routier »

“road crossing design speed” means the motor vehicle speed that corresponds to the current design of the grade crossing.

“sightlines”
« lignes de visibilité »

“sightlines” means the sightlines referred to in sections 20 and 21, as applicable.

“Stop Ahead sign”
« panneau Signal avancé d’arrêt »

“Stop Ahead sign” means the sign referred to in article 8.3.1 of the Grade Crossings Standards.

“Stop sign”
« panneau Stop »

“Stop sign” means the sign referred to in article 8.4.1 of the Grade Crossings Standards.

“stopping sight distance”
« distance de visibilité d’arrêt »

“stopping sight distance” means the distance calculated in accordance with article 7.2 of the Grade Crossings Standards.

“traffic control device”
« dispositif de contrôle de la circulation »

“traffic control device” means

“warning system”
« système d’avertissement »

“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.

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

Application

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

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.

COMPLIANCE

Public grade crossing

3. (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,

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,

INFORMATION SHARING

RAILWAY COMPANY

Information

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

Timing

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

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 the day on which these Regulations come into force, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period.

Change

5. In the case of a change referred to in paragraph 28(a) or (b) or section 87, a railway company must provide a road authority, in writing, not later than 60 days before the day on which the change begins, with the details of the change and with the information referred to in subsection 4(1) relating to the change.

Railway design speed

6. A railway company must notify a road authority in writing of an increase in the railway design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must specify in the notice the precise location of the grade crossing and the new railway design speed.

Exception

7. Despite sections 5 and 6, a railway company may make a change referred to in those sections at any time if the road authority has advised the railway company that the requirements of these Regulations with which the road authority must comply with respect to the change are met.

Average annual daily railway movements

8. A railway company must provide a road authority with the average annual daily railway movements when that value is three or more and the value increases by 50% or more relative to the previous value provided to the road authority.

Whistling

9. If a railway company stops requiring the use of a whistle at a grade crossing, it must notify the road authority in writing of that change not later than 30 days after the day on which the change is made.

Transfer of line of railway

10. If a line of railway at a public grade crossing is transferred from one railway company to another, the railway company to which the line of railway is transferred must, within seven days after the day on which the transfer takes effect, provide the road authority with the name, address, telephone number and email address of a contact person.

Date and contact information

11. The information referred to in sections 4 to 6, 8 and 9 must include the date on which it is sent, the name and address of the railway company, and the name, telephone number and email address of the person who provides the information.

ROAD AUTHORITY

Information

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

Timing

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

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 the day on which these Regulations come into force, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period.

Change

13. In the case of a change referred to in paragraph 28(c) or (d) or sections 88 to 91, a road authority must provide a railway company, in writing, not later than 60 days before the day on which the change begins, with the details of the change and with the information referred to in subsection 12(1) relating to the change.

Road crossing design speed

14. A road authority must notify a railway company in writing of an increase in the road crossing design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must include in the notice the information referred to in paragraphs 12(1)(a), (d), (h) and (i).

Interconnected traffic signal and sign

15. A road authority must provide a railway company with the information referred to in paragraphs 12(1)(a), (l) and (m) not later than 60 days before the day on which an interconnected traffic signal referred to in article 19 of the Grade Crossings Standards, or a Prepare to Stop at Railway Crossing sign, is installed or is changed.

Exception

16. Despite sections 13 to 15, a road authority may make a change referred to in those sections at any time if the railway company has advised the road authority that the requirements of these Regulations with which the railway company must comply with respect to the change are met.

Transfer of road

17. If a road at a public grade crossing is transferred from one road authority to another, the road authority to which the road is transferred must, within seven days after the day on which the transfer takes effect, provide the railway company with the name, address, telephone number and email address of a contact person.

Date and contact information

18. The information referred to in sections 12 to 15 must include the date on which it is sent, the name and address of the road authority, and the name, telephone number and email address of the person who provides the information.

SIGHTLINES

APPLICATION

Public grade crossing

19. (1) Sections 20 to 28 apply to a public grade crossing.

Private grade crossing

(2) Sections 20 to 28 apply to a private grade crossing other than a private grade crossing with a railway design speed of 25 km/h or less if

STANDARDS

New grade crossing with a warning system

20. (1) The sightlines at a new grade crossing with a warning system must be as shown in Figure 7-1(a) of the Grade Crossings Standards.

New grade crossing without a warning system

(2) The sightlines at a new grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards.

Establishment of sightlines

(3) The sightlines at a new grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards.

Existing grade crossing without a warning system

21. (1) The sightlines at an existing grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards and are not required to take account of any railway equipment that is moving or attended.

Existing grade crossing with a warning system

(2) The sightlines at an existing grade crossing with a warning system without a gate, which are within the railway right-of-way and within the land on which the road is situated, must be as shown in Figure 7-1(a) of the Grade Crossings Standards and are not required to take account of

Establishment of sightlines

(3) The sightlines at an existing grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards.

Timing

(4) The requirements of subsections (1) to (3) must be met beginning on the day that is seven years after the day on which these Regulations come into force.

Warning system with a gate

22. Despite sections 20 and 21, the requirements respecting sightlines do not apply to a grade crossing with a warning system with a gate.

MAINTENANCE OF SIGHTLINES

Maintenance of sightlines

23. Sightlines must be maintained to meet the requirements of section 20 or 21, as applicable, including by the removal of trees and brush that obstruct the sightlines.

OBSTRUCTION OF SIGHTLINES

Buildings and structures

24. A person must not erect, on land adjoining the land on which a line of railway is situated, a building or other structure, not being a railway work, that will obstruct the sightlines.

Things placed on land

25. A person must not place, on land adjoining the land on which a line of railway is situated, anything that will obstruct the sightlines.

Trees and brush

26. A person who grows trees and brush, or allows them to grow, on land in the vicinity of a grade crossing must remove them if they obstruct the sightlines.

Unattended railway equipment

27. A company must not leave unattended any railway equipment that obstructs the sightlines.

CHANGES

Changes to grade crossing

28. The sightlines at a grade crossing must meet the requirements of section 20 if

NEW GRADE CROSSING

PROHIBITION

Construction

29. A person must not construct a grade crossing if

DESIGN AND CONSTRUCTION

Application

30. Sections 31 to 36 apply to the design and construction of a new grade crossing.

Crossing surface

31. A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.

Road approach

32. A road approach must meet the standards set out in article 6 of the Grade Crossings Standards.

Location

33. The location of a public grade crossing must meet the standards set out in article 11 of the Grade Crossings Standards.

Departure times

34. Departure times must be calculated in accordance with article 10.3 of the Grade Crossings Standards.

Design vehicle

35. A design vehicle must be selected for the design of a grade crossing.

Road crossing design speed

36. A road crossing design speed must be selected for the design of a private grade crossing.

SIGNS AND WARNING SYSTEM

Public Grade Crossing
Application

Application

37. Sections 38 to 46 apply to a new grade crossing that is a public grade crossing.

Signs

Railway Crossing sign and Number of Tracks sign

38. A Railway Crossing sign — and, if there is more than one track, a Number of Tracks sign — must be installed at a grade crossing and meet the standards set out in article 8.1 of the Grade Crossings Standards.

Emergency Notification sign

39. An Emergency Notification sign must be installed at a grade crossing in accordance with the standards set out in article 8.5 of the Grade Crossings Standards.

Stop sign

40. (1) A Stop sign must be installed at a grade crossing without a warning system if the road crossing design speed is less than 15 km/h.

Standards

(2) The Stop sign and its installation must meet the standards set out in article 8.4 of the Grade Crossings Standards.

Stop Ahead sign

41. A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.

Railway Crossing Ahead sign and Advisory Speed Tab sign

42. (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if

Standards

(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.

Prepare to Stop at Railway Crossing sign

43. (1) A Prepare to Stop at Railway Crossing sign must be installed if

Standards

(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in article 18 of the Grade Crossings Standards.

Warning System

Warning system

44. (1) A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.1 or 9.5 of the Grade Crossings Standards, as applicable, and must meet the applicable standards set out in articles 12 to 16 of those Standards.

Exception

(2) If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system, or the railway company may manually protect the grade crossing instead of installing a warning system.

Warning system with a gate

45. (1) A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.2 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards.

Gate arm clearance time

(2) In the case of a grade crossing that corresponds to the specifications set out in article 9.2 of the Grade Crossings Standards, the gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of those Standards.

Interconnected traffic signal

46. A warning system installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.

Private Grade Crossing
Application

Application

47. Sections 48 to 56 apply to a new grade crossing that is a private grade crossing.

Signs

Railway Crossing sign and Number of Tracks sign

48. If a Railway Crossing sign and a Number of Tracks sign are installed at a grade crossing, they must meet the standards set out in article 8.1 of the Grade Crossings Standards.

Stop Ahead sign

49. A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.

Railway Crossing Ahead sign and Advisory Speed Tab sign

50. (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if

Standards

(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.

Prepare to Stop at Railway Crossing sign

51. (1) A Prepare to Stop at Railway Crossing sign must be installed if

Standards

(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in article 18 of the Grade Crossings Standards.

Warning System

Application

52. Sections 53 to 56 do not apply to a grade crossing with a railway design speed of 25 km/h or less if

Warning system

53. (1) A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.3 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards.

Alternative — limited use

(2) If the grade crossing provides access to fewer than three private dwelling-places and does not provide access to a business, a limited use warning system, and signs, that meet the standards set out in Appendix B of the Grade Crossings Standards may be installed at the grade crossing, instead of the warning system referred to in subsection (1).

Alternative — walk light

(3) A limited use warning system with a walk light, and signs, which meet the standards set out in Appendix C of the Grade Crossings Standards, may be installed at the grade crossing instead of the warning system referred to in subsection (1) or (2), if

Exception

(4) If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system or the railway company may manually protect the grade crossing instead of installing a warning system.

Sidewalk, path or trail

54. A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.5 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards.

Warning system with a gate

55. (1) A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.4 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards.

Gate arm clearance time

(2) The gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of the Grade Crossings Standards.

Interconnected traffic signal

56. A warning system installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.

EXISTING GRADE CROSSING

PUBLIC GRADE CROSSING

Design Vehicle

Selection

57. A design vehicle that corresponds to the use of an existing grade crossing that is a public grade crossing must be selected.

Cumulative Requirements

Basic requirements

58. An existing grade crossing that is a public grade crossing must meet the standards set out in Part B of the Grade Crossings Standards.

Additional requirements — seven years

59. In addition to meeting the requirement of section 58, an existing grade crossing that is a public grade crossing must meet the requirements of sections 60 to 71 beginning on the day that is seven years after the day on which these Regulations come into force.

Crossing Surface and Road Approach

Crossing surface

60. A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.

Road approach

61. A road approach must meet the standards set out in article 6.1 of the Grade Crossings Standards.

Signs

Railway Crossing sign

62. A Railway Crossing sign must meet the standards set out in articles 8.1.3 and 8.1.4 of the Grade Crossings Standards.

Emergency Notification sign

63. An Emergency Notification sign must be installed at a grade crossing in accordance with the standards set out in article 8.5 of the Grade Crossings Standards.

Stop sign

64. (1) A Stop sign must be installed at a grade crossing without a warning system if the road crossing design speed is less than 15 km/h.

Standards

(2) The Stop sign and its installation must meet the standards set out in article 8.4 of the Grade Crossings Standards.

Stop Ahead sign

65. A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.

Railway Crossing Ahead sign and Advisory Speed Tab sign

66. (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if

Standards

(2) The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.

Prepare to Stop at Railway Crossing sign

67. (1) A Prepare to Stop at Railway Crossing sign must be installed if

Standards

(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in articles 18.1 and 18.2 of the Grade Crossings Standards.

Warning System

Light distribution and intensity

68. (1) The distribution and intensity of the light from a warning system must meet the standards set out in article 13 of the Grade Crossings Standards.

Alignment of light units

(2) The alignment of each set of light units must meet the standards set out in articles 14.2 to 14.6 of the Grade Crossings Standards.

Warning time

69. Before railway equipment reaches a crossing surface, the warning system must operate in accordance with articles 16.1.1(a) to (c) and 16.2.2 of the Grade Crossings Standards.

Cut-out circuits

70. If railway equipment is operated, left standing or stopped in a manner that regularly causes, or will regularly cause, the activation of the warning system at a grade crossing other than for the purpose of crossing that grade crossing, the warning system must contain circuits that meet the standards set out in article 16.3.1 of the Grade Crossings Standards.

Directional stick circuit

71. The directional stick circuit of a warning system must meet the standards set out in article 16.4 of the Grade Crossings Standards.

PRIVATE GRADE CROSSING

Design Vehicle

Selection

72. A design vehicle that corresponds to the use of an existing grade crossing that is a private grade crossing must be selected.

Cumulative Requirements

Railway Crossing sign and Number of Tracks sign

73. A Railway Crossing sign and a Number of Tracks sign that are installed at an existing grade crossing that is a private grade crossing must meet the standards set out in Part B of the Grade Crossings Standards.

Additional requirements — seven years

74. In addition to meeting the requirement of section 73, an existing grade crossing that is a private grade crossing must meet the requirements of sections 76 to 81 beginning on the day that is seven years after the day on which these Regulations come into force.

Requirements respecting warning systems — seven years

75. (1) An existing grade crossing that is a private grade crossing must meet the requirements of sections 82 to 85 beginning on the day that is seven years after the day on which these Regulations come into force.

Exception — certain private grade crossings

(2) Sections 82 to 85 do not apply to a grade crossing with a railway design speed of 25 km/h or less if

Exception — limited use warning systems

(3) Sections 82 to 85 do not apply to a limited use warning system of a type referred to in Appendix B of the Grade Crossings Standards or to a limited use warning system with a walk light of a type referred to in Appendix C of those Standards.

Crossing Surface and Road Approach

Crossing surface

76. A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards.

Road approach

77. A road approach must meet the standards set out in article 6.1 of the Grade Crossings Standards.

Road crossing design speed

78. A road crossing design speed must be selected for the grade crossing.

Signs

Stop Ahead sign

79. A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards.

Railway Crossing Ahead sign and Advisory Speed Tab sign

80. (1) A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if

Standards

(2) The Railway Crossing Ahead sign and Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards.

Prepare to Stop at Railway Crossing sign

81. (1) A Prepare to Stop at Railway Crossing sign must be installed if

Standards

(2) The Prepare to Stop at Railway Crossing sign must meet the standards set out in articles 18.1 and 18.2 of the Grade Crossings Standards.

Warning System

Light distribution and intensity

82. (1) The distribution and intensity of the light from a warning system must meet the standards set out in article 13 of the Grade Crossings Standards.

Alignment of light units

(2) The alignment of each set of light units must meet the standards set out in articles 14.2 to 14.6 of the Grade Crossings Standards.

Warning time

83. Before railway equipment reaches a crossing surface, the warning system must operate in accordance with articles 16.1.1(a) to (c) and 16.2.2 of the Grade Crossings Standards.

Cut-out circuits

84. If railway equipment is operated, left standing or stopped in a manner that regularly causes, or will regularly cause, the activation of the warning system at a grade crossing other than for the purpose of crossing that grade crossing, the warning system must contain circuits that meet the standards set out in article 16.3.1 of the Grade Crossings Standards.

Directional stick circuit

85. The directional stick circuit of a warning system must meet the standards set out in article 16.4 of the Grade Crossings Standards.

CHANGES TO GRADE CROSSING

Signs

86. If a Railway Crossing sign or a Number of Tracks sign is replaced at an existing grade crossing, the sign must meet the standards set out in article 8.1 of the Grade Crossings Standards.

New warning system

87. (1) If a warning system is installed at a grade crossing, it must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards.

Modification or installation of component

(2) When a component of a warning system is modified or is installed, the component must, except in the case of a replacement in kind for maintenance purposes, meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards.

Increase in railway design speed

(3) If the installation of a warning system — or the modification or installation of a component of a warning system — results from an increase in the railway design speed, the warning system or component must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards before the increase in the railway design speed takes effect.

Change to road geometry

88. (1) If the location, gradient or crossing angle of a grade crossing changes, articles 6 and 11 of the Grade Crossings Standards must be applied in a manner that improves the overall safety of the grade crossing.

Prohibition — gradient

(2) It is prohibited to increase the absolute gradient of a road approach to an existing grade crossing if the gradient does not meet the standards set out in article 6.3 of the Grade Crossings Standards.

Change to road approach

89. If the number or width of traffic lanes of a road approach is increased, or if a shoulder is added or a shoulder’s width is increased, the grade crossing must meet the standards set out in articles 5.1 and 6.4 of the Grade Crossings Standards.

Interconnected traffic signals

90. If a traffic signal is installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards, the warning system must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards.

Change in design vehicle

91. If the design vehicle changes, the period of time that the warning system must operate before railway equipment reaches the crossing surface must meet the standards set out in article 16.1 of Grade Crossings Standards.

GENERAL REQUIREMENTS

INSTRUMENT HOUSING

Locked housing

92. A railway company must ensure that the instrument housing for a warning system is locked when it is unattended.

INSPECTION, TESTING AND MAINTENANCE

Design plan — railway company

93. (1) The design plan for a warning system at a grade crossing must be kept at the location of the grade crossing and must clearly indicate the following information:

Maintenance of warning system

(2) The warning system must conform to the design plan and must be maintained in accordance with article 17.1 of the Grade Crossings Standards.

Design plan — modification or installation

(3) When a component of the warning system is modified or installed, a design plan reflecting the modification or installation must be prepared and must be kept at the location of the grade crossing until it is replaced by a revised design plan.

Initial installation

94. (1) Immediately after the initial installation of a warning system, but before it is placed in service, all of the components of the warning system must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards.

Modification or installation of a component

(2) Immediately after the modification or installation of a component of the warning system, but before the warning system is placed in service, the component and all other components that are directly affected by that modification or installation must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards.

Environmental conditions

(3) In the event of severe weather or other environmental conditions that may affect the operation of the warning system or its components, the warning system or the components must be inspected within a reasonable period of time to ensure that they are working properly.

Periodic inspection and testing

95. The inspection and testing of the elements set out in column 2 of Table 17-2 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3, 4 or 5 of Table 17-2.

Interconnection with a warning system

96. (1) Before a traffic control device that is interconnected with a warning system is placed in service, a road authority must inspect and test the traffic control device to ensure that the standards set out in articles 18 and 19 of the Grade Crossings Standards are met.

Frequency

(2) The inspection and testing of the elements set out in column 2 of Table 20-1 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3 of Table 20-1.

Information

(3) When the road authority inspects, tests or maintains the traffic control device, the road authority must have, at the site, information respecting the parameters for the operation of the device.

OBSTRUCTION OF GRADE CROSSING

Prohibitions

Unnecessary activation of warning system

97. (1) It is prohibited for railway equipment to be left standing in a manner that causes the activation of the warning system at a public grade crossing other than for the purpose of crossing that grade crossing.

Obstruction of public grade crossing

(2) It is prohibited for railway equipment to be left standing on a crossing surface, or for switching operations to be conducted, in a manner that obstructs a public grade crossing — including by the activation of the gate of a warning system — for more than five minutes when vehicular or pedestrian traffic is waiting to cross it.

Safety Concern

Collaboration

98. (1) If railway equipment is operated in a manner that regularly causes the obstruction of a public grade crossing, including by the activation of a warning system, and the municipality where the grade crossing is located declares in a resolution that obstruction of the grade crossing creates a safety concern, the railway company and the road authority must collaborate to resolve the safety concern.

Notice

(2) The road authority must notify the Minister and the railway company in writing that the resolution has been passed and must provide them with the information used in support of the resolution, including

Timeline and mediation

(3) The railway company and the road authority must attempt to resolve the safety concern — including through the use of mediation — within 90 days after the day on which the road authority notifies the railway company under subsection (2).

Notice to Minister

(4) The road authority must notify the Minister if the railway company and the road authority are not able to resolve the safety concern within the 90-day period.

Emergency Vehicles

Passage of emergency vehicles

99. Despite sections 97 and 98, if an emergency vehicle requires passage across a grade crossing, a company must take all necessary measures to immediately clear the grade crossing.

STOPPING ON CROSSING SURFACE

Measures

100. (1) A road authority must take measures to ensure that motor vehicles do not stop on the crossing surface of a public grade crossing, if there is evidence that queued traffic regularly stops on that crossing surface.

Interconnection

(2) If the measures include interconnection with a warning system, the interconnection must meet the standards set out in articles 19.2 to 19.4 of the Grade Crossings Standards.

CONSTRUCTION OF INTERSECTION OR ACCESS ROAD

Intersection or access road

101. A person may construct a road intersection or an access road on a road approach to a public grade crossing if

TEMPORARY PROTECTION MEASURES

Threat or interference

102. (1) When a railway company or a road authority undertakes, at a public grade crossing, an activity that could constitute a threat to, or that interferes with, the safety of railway operations, the railway company and the road authority must put in place the necessary protection measures to address the threat or the interference.

Details of activity

(2) Within a reasonable period of time before the activity begins, whichever of the two — the railway company or the road authority — undertakes the activity must provide the other with sufficient details about the activity to determine the necessary protection measures to be put in place.

Malfunction, failure or condition

103. When a railway company or a road authority is advised or becomes aware that a warning system, or a traffic control device that is interconnected with a warning system, has malfunctioned or failed, or that a condition exists that may cause a malfunction or failure, the railway company or the road authority, as the case may be, must

AUDIBLE WARNING

Prescribed requirements

104. For the purposes of section 23.1 of the Railway Safety Act, the following requirements are prescribed:

Public grade crossing — motor vehicles

105. (1) A public grade crossing set out in column A of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system set out in Table D-1 of the those Standards that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards.

Gate

(2) If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.2 of those Standards.

Public grade crossing — sidewalk, path or trail

106. (1) A public grade crossing set out in column B of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards.

Gate

(2) If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.6 of those Standards.

Guide fencing

(3) If a warning system without a gate is indicated as being required in Table D-1 of the Grade Crossings Standards, guide fencing must be installed to deter persons from crossing the line of railway other than at the grade crossing.

Guide fencing and barriers

(4) If a warning system is not indicated as being required in column 5 of Table D-1 of the Grade Crossings Standards, guide fencing must be installed, as well as a barrier that is intended to slow a person’s approach to the grade crossing and to encourage a person to look both ways before crossing the grade crossing.

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,

RECORDS

INFORMATION SHARING

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

Content

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

Integrity of record

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

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

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:

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. The Highway Crossings Protective Devices Regulations (see footnote 1) are repealed.

112. The Railway-Highway Crossing at Grade Regulations (see footnote 2) are repealed.

COMING INTO FORCE

Day of registration

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Since August 2010, the Transportation Safety Board of Canada (TSB) has indicated on its Watchlist of safety issues that the “risk of passenger trains colliding with vehicles remains too high in busy rail corridors.” Although grade crossing accidents have generally fallen over the past 25 years, there has been a marked increase in fatalities at grade crossings since 2009.

Although there is a long history of grade crossing safety legislation and regulation, there are significant gaps with respect to how railway companies and road authorities manage safety risks at federally regulated grade crossings.

Multiple reviews of the Railway Safety Act (RSA) acknowledged that the multi-jurisdictional nature of grade crossings is at the root of their safety deficiencies. RSA reviews also identified blocked grade crossings as a serious safety concern.

Currently, the RSA, voluntary standards and existing regulations do not adequately address grade crossing safety management issues. Inadequate implementation of voluntary standards and a lack of information sharing between road authorities and railway companies have put the safety of Canadians at risk.

Description: The primary objective of the Grade Crossings Regulations (GCR) is to increase safety at Canada’s federally regulated grade crossings and to reduce the incidence of deaths, injuries, property damage and environmental damage. To achieve this, the GCR are intended to ensure that a reasonably safe environment exists for persons travelling on road and rail by

  • establishing enforceable safety standards for grade crossings;
  • clarifying the roles and responsibilities of railway companies, road authorities and private authorities; and
  • promoting collaboration between railway companies and road authorities.

Cost-benefit statement: Over the next 20 years, the GCR are estimated to

  • generate $261 million in net present value (NPV) benefits to Canada;
  • result in fewer collisions (956), fatalities (109) and serious injuries (149); and
  • prevent 35 derailments, 845 instances of damage to railway equipment, and 4 968 cases of damage to road vehicles.

A sensitivity analysis was conducted to test the robustness of the cost-benefit analysis results based on variations in some key parameters. Twenty-seven scenarios were tested in the sensitivity analysis, based on various combinations of collision reduction, discount rate and implementation cost. Overall, the sensitivity analysis demonstrated that the GCR are likely to result in a significant positive net present value.

“One-for-One” Rule and small business lens: The normal application of the “One-for-One” Rule does not apply because the GCR are critical to protecting the public safety of Canadians. Therefore, the GCR are carved out from the application of the Rule.

The Railway Association of Canada identified that five of their members are small businesses, which represents approximately 0.214% of the total number of crossings. Therefore, the impact of the GCR is assumed to be very minimal.

However, since the GCR are safety-based under the authority of the RSA, it would not be appropriate to differentiate between small and large businesses when it comes to safety. In any other alternative scenario, railway companies and road authorities would be less able to mitigate risks to Canadian safety.

Background

The Government of Canada has jurisdiction over approximately 14 000 public and 9 000 private grade crossings along 42 650 km of federally regulated rail lines in Canada. The GCR will improve safety at these federally regulated grade crossings.

The federal act and regulations governing grade crossings are the Railway Safety Act (RSA) and the Railway Safety Management System Regulations, and, prior to the introduction of the GCR, the two following regulations (now repealed) also governed grade crossings:

Other federal guidelines and voluntary standards to uphold safety at federally regulated grade crossings include

A serious public safety concern of the Transportation Safety Board of Canada (TSB) is the risk of accidents at Canada’s railway grade crossings. Since August 2010, the TSB has indicated on its Watchlist of safety issues that the “risk of passenger trains colliding with vehicles remains too high in busy rail corridors.” It has recommended that the Government of Canada develop a comprehensive solution for mitigating the risk at grade crossings that includes new grade crossing safety regulations.

Between 2006 and 2010, collisions involving railway equipment at both public and private crossings resulted in an average of 27 serious injuries and 25 fatalities annually. On average, there was one fatality for every 9 collisions at grade crossings, (see footnote 3) and one serious injury (see footnote 4) for every 7 collisions. In addition, trains are derailed in one out of every 40 crossing collisions, often resulting in significant property damage and transportation system delays. Although the risk of a grade crossing collision has fallen over the past 25 years, the number of fatalities at grade crossings has increased since 2009.

Thousands of road authorities and railway companies are responsible for the safety of railway grade crossings, creating a complex, multi-jurisdictional challenge to maintaining grade crossing safety. Public grade crossings involve approximately 1 550 different municipal, provincial, territorial and federal authorities as well as Aboriginal bands. Private crossings involve thousands of private authorities with many different types of roads, including residential, agricultural, industrial, commercial and recreational paths and trails.

The knowledge and collaboration of each party — the road authority and the railway company — are needed to establish adequate safety at a grade crossing. Road authorities and railway companies should collaborate in sharing safety information, such as layouts of the tracks and roadway, traffic volume, speed of trains, volume of trains, existing warning systems, and available sightlines, so that each party is able to meet the required safety standards.

A number of possible changes can affect safety at a grade crossing, including

However, the roles and responsibilities of railway companies and road authorities for monitoring conditions at existing grade crossings can be unclear. Railway companies and road authorities have difficulty applying the current requirements, guidelines and manuals of recommended practice, because these documents lack clarity on their individual responsibilities.

Multiple RSA reviews acknowledged that the multijurisdictional nature of grade crossings is at the root of their safety deficiencies. RSA reviews also identified blocked grade crossings as a serious safety concern.

In addition to the above, the broad requirements and definitions under the RSA do not ensure consistency in the design and maintenance of grade crossings or consistency with other governing authorities as it pertains to

Issues

Although there is a long history of grade crossing safety legislation and regulation, significant gaps remain. Existing guidelines and rules have a limited scope regarding the safety measures, operations and best engineering practices required in specific circumstances at grade crossings. Over 10 years ago, Transport Canada and stakeholders drafted standards (RTD-10), which are best engineering practices for the oversight of safety at grade crossings. However, road authorities and railway companies adhere to these standards on a voluntary basis. In summer 2011, Transport Canada conducted a sampling exercise to measure compliance with the RTD-10. Transport Canada railway safety inspectors found that compliance rates at public crossings across all five regions were 50% to 70%.

The RSA, voluntary standards and existing regulations did not adequately address grade crossing safety management issues. This made it challenging for road authorities, private authorities and railway companies to apply them, and difficult for railway safety authorities to enforce them. The regulatory gaps put the safety of Canadians at risk.

Objectives

The primary objective of the GCR is to increase safety at Canada’s federally regulated grade crossings and to reduce death, injury, property damage and environmental impacts. To achieve this, the GCR will ensure that railway companies, road authorities and private authorities oversee and manage the safety of their crossings in accordance with sound engineering principles, and in a manner similar to other road and railway infrastructure. Implementation of the GCR is expected to

Description

Under the authority of the RSA, the GCR will reduce the frequency and severity of accidents at federally regulated grade crossings. This will save lives and prevent injuries and derailments, and will further Transport Canada’s mission to serve the public interest through promotion of a safe and secure transportation system in Canada. In particular, the GCR will improve safety by

The GCR will also cover the relevant requirements of the Railway-Highway Crossing at Grade Regulations and the Highway Crossings Protective Devices Regulations, thereby eliminating the remaining gaps identified in numerous RSA reviews.

The following are the key aspects of the Grade Crossings Regulations.

1. Grade Crossings Standards (GCS) — The GCS are incorporated by reference in the GCR. The GCS will impose clear standards that meet the safety goals of the RSA and are enforceable, thus improving consistency and safety at grade crossings. Railway companies and road authorities will be required to comply with full safety standards under the GCS, in particular when constructing a new grade crossing. When there is a change at a grade crossing, railway companies and road authorities will be required to comply with safety standards specified by the GCS pertaining to that change. Required standards for existing public and private grade crossings are specified in the GCR and the GCS. In these cases, the railway companies or road authorities have seven years to comply with certain additional requirements, for example signs or warning systems. The seven-year period will allow a phased-in implementation of the standards required for the existing crossings, such as crossing surface, signage and sightlines, and warning systems.

2. Roles and responsibilities — The GCR provide detailed clarification of the roles and responsibilities of railway companies, road authorities and private authorities, including the responsibilities for each party (as applicable) regarding

3. Sharing of safety information — Railway companies and road authorities are required to share information with each other for existing public grade crossings within two years of the coming into force of the GCR in order to allow for each party to assess the safety of their infrastructure and plan accordingly. The GCR specify the critical information that must be shared between both authorities to ensure safety at their grade crossing (e.g. information on the interconnection between traffic signals and warning systems). In addition, railway companies and road authorities are required to share information when a new grade crossing is constructed or when there is an alteration or operational change at a grade crossing. Railway companies will be required to keep the most recent information shared. Finally, the sharing of information will foster a collaborative environment between railway companies and road authorities responsible for safety at the grade crossing.

4. Sightlines — Under the Grade Crossings Regulations, road authorities, private authorities and railway companies will be required to maintain sightlines at the grade crossing. The GCR set out standards for sightlines and their maintenance. Sightlines will be preserved by prohibiting the construction of buildings or structures, or the placement of objects, that obstruct the sightlines. Persons who grow trees and brush will also be required to remove them if they obstruct sightlines. In addition, railway companies will be required not to allow any unattended railway equipment to obstruct sightlines. Requirements related to sightlines, with respect to existing grade crossings, must be met seven years after the coming into force of the GCR, while they must be met at the time of the coming into force when a new grade crossing is constructed or when an existing grade crossing is subject to an alteration or operational change.

5. Inspection and testing — The GCR establish that a design plan with respect to the warning system must be kept at the grade crossing. Furthermore, a warning system or traffic control device that is interconnected with a warning system must be inspected and tested in accordance with the GCS. Railway companies will also be required to keep records of inspections and testing, and a record of a warning system malfunction or failure for a minimum of two years.

6. Prohibition of obstruction of public crossings — Under the Grade Crossings Regulations, where a city, town, municipality or other organized district passes a resolution that the obstruction of a public grade crossing creates a safety concern, the railway company and road authority will be required to collaborate to resolve the safety concern.

In addition, a company is required to use all necessary measures to clear a public grade crossing immediately when an emergency vehicle requires passage. Road authorities are required to ensure that vehicles do not stop on the crossing surface of a public grade crossing where there is evidence that queued traffic regularly stops on that crossing surface (e.g. traffic lights cause congestion which leads to vehicles stopping on the crossing surface once a week).

7. Temporary protection measures — The GCR establish safety requirements for periods when the road authority or railway company is undertaking an activity at a railway line or road crossing surface that compromises the safety of railway operations. In the event that a warning system or a traffic control device that is interconnected with a warning system malfunctions or fails, the railway company or the road authority must immediately put in place the necessary protection measures to address any threat to the safety of railway operations. Information concerning these occurrences will also need to be shared with the other authority.

8. Train whistling — The GCR prescribe the requirements of an area where the cessation of train whistling may be prohibited under section 23.1 of the RSA. The GCR provide for the safety attributes of a grade crossing in this area. For instance, in order to be granted whistling cessation, a crossing must have a warning system.

The GCR also repeal the Railway-Highway Crossing at Grade Regulations and the Highway Crossings Protective Devices Regulations. The GCR and the GCS encompass the relevant requirements of these regulations.

Regulatory and non-regulatory options considered

Transport Canada evaluated a number of regulatory and non-regulatory options to improve safety at federally regulated grade crossings leading up to the present Grade Crossings Regulations.

1. Status quo

The status quo was rejected because the current legislative environment does not provide sufficient safety for Canadians at federally regulated grade crossings. Based on an assessment of the risks, fatalities, injuries, and property damage would continue to remain serious safety issues for Canadians. The lack of clearly defined roles, responsibilities and safety standards leads to confusion and inconsistency, and ultimately results in unsafe grade crossings.

Section 11 of the RSA requires the application of sound engineering principles to crossing design, construction, evaluation, maintenance and alteration of grade crossings but does not address the responsibilities for railway companies and road authorities for the safety oversight of existing crossings. The current Railway Safety Management System Regulations, which require risk identification and management, only apply to railway companies.

The existing Railway-Highway Crossing at Grade Regulations do not apply to private road crossings, and stipulate insufficient requirements for public crossings. The Highway Crossings Protective Devices Regulations prescribe technical standards for grade crossing warning systems where installed, but do not prescribe where such systems should be installed. The current voluntary standards, RTD-10, are not part of any regulatory requirement, and therefore implementation has been insufficient.

The present approach to safety management of existing grade crossings is reactive and relies heavily on railway safety inspectors identifying deficiencies and safety issues for each crossing and recommending the appropriate safety measures. It is impossible for railway safety inspectors to develop and maintain an ongoing awareness of changing conditions at approximately 23 000 federally regulated public and private grade crossings across Canada.

Railway companies are responsible for the safety of their rail line infrastructure, railway equipment and operations. This includes ongoing inspection, testing and maintenance programs in accordance with regulatory requirements, as well as any particular operating and environmental conditions.

Transport Canada’s oversight role includes monitoring railway companies for compliance with the RSA and its rules and regulations through audits and inspections.

The Department uses a risk-based approach to planning its oversight activities, which includes conducting audits and inspections that are planned annually, reviewed regularly, and revised as required using evidence-based risk indicators.

It is designed to address the greatest risks rather than simply the number of regulatory interventions and actions.

It examines evidence-based risk indicators to determine and plan the appropriate level of monitoring and inspections. Common risk indicators include accident investigations, safety records, results of previous inspections and safety studies.

2. Alternative options

(a) Transport Canada considered a collection of recommended practices (“should” instead of “shall”) in the form of a “manual of best practices” as an alternative to including safety standards in the Grade Crossings Regulations. However, this approach does not sufficiently ensure crossing safety for several reasons:

In conclusion, experience has shown that voluntary standards usually result in low levels of compliance, or disputes over responsibility.

(b) Another approach considered was for the railway industry to develop crossing construction standards to manage safety risks at grade crossings, which they would submit to the Minister of Transport under section 7 of the RSA. These would be accompanied by crossing maintenance regulations, developed under section 18 of the RSA. This alternative was not considered to be viable for several reasons:

(c) Performance-based standards were also considered. Under a performance-based regime, the policies, procedures and practices necessary to achieve the required performance would be the purview of multiple railway companies and road authorities. However, this would be a difficult approach to adopt for grade crossings for the following reasons:


(d) Another alternative was to require road authorities and railway companies to upgrade all existing grade crossings to the standards that are to be applied to the construction of new grade crossings. However, municipalities and railway companies indicated that the cost of upgrading all grade crossings to these standards would be prohibitive. At many existing locations, it would be impossible to meet the requirements with respect to proximity to road intersections, crossing angles and maximum road gradients.

3. Grade Crossings Regulations (recommended option)

After consultations and following evaluations of the options available, Transport Canada concluded that the GCR are the most viable method for improving crossing safety. These GCR establish engineering standards and clarify the roles and responsibilities for road authorities and railway companies regarding grade crossings.

The GCR have the following advantages over the other options outlined above:

Benefits and costs

A detailed cost-benefit analysis (CBA) of the GCR was prepared. The CBA examined the current situation or baseline scenario and compared it to the expected situation with the GCR in place, over a 20-year time period.

In the baseline scenario, it was assumed that collision rates would continue to decline over the next 20 years as they have over the past, as a result of continued decreases in the number of crossings on federally regulated railway lines, crossing improvements funded by the Grade Crossing Improvement Program, continued voluntary adoption of some GCS, and continuing efforts to educate the public and increase public awareness of crossing safety.

In order to assess the impact of the provisions of the Grade Crossings Regulations, Transport Canada conducted a sampling exercise in the summer of 2011. This exercise provided key information to better assess the costs and benefits of the CBA.

For the Grade Crossings Regulations, the CBA modelled the expected reduction in the number of collisions at each grade crossing compared to that of the baseline scenario. To estimate the decrease in collisions, the CBA considered the incremental effect of each additional safety feature that is part of the standards under the GCR on the collision rate.

The CBA followed a seven-step process to estimate the effect of new safety features at a grade crossing on the rate of collisions of the whole population of grade crossings:

  1. Estimate the expected baseline collision frequency for each type of crossing included in the Transport Canada sampling exercise under existing conditions.
  2. Determine the collision modification factor for the improvements to be made to meet the standards.
  3. Using the estimate from Step 2, determine the expected collision reduction at the specific crossing.
  4. Determine the expected collision reduction due to safety improvements to non-inspected items at the specific crossing.
  5. Based on Step 3 and Step 4, determine the total expected collision reduction for the sample population.
  6. Determine the expected collision reduction for the total crossing population.
  7. Consider the effects of phased-in implementation.

Not all collisions at grade crossings involve railway equipment, thus they are not always captured in TSB statistics. In order to estimate the reduction in the number of collisions not involving railway equipment at federally regulated crossings resulting from the implementation of the standards at non-compliant crossings, data from the TSB and from Transport Canada’s National Collision Data Base (NCDB) were compared for the period between 1998 and 2002. Based on this analysis, a ratio of the number of collisions not involving railway equipment to the number of collisions involving railway equipment was derived.

Summary results

The Grade Crossings Regulations, as calculated in 2012 for a 20-year horizon, are estimated to generate $261 million in net present value (NPV) benefit to Canada. Overall, compared to the baseline scenario of maintaining the current regulatory regime, the GCR are expected to result in 956 fewer collisions, 109 fewer fatalities and 149 fewer serious injuries. Furthermore, the GCR are expected to prevent 35 derailments, 845 instances of damage to railway equipment, and 4 968 cases of damage to road vehicles.

Table 1: Cost-benefit statement

Costs, benefits and distribution Annual Totals Total Cumulative Present Value (PV) Annualized Average
2012 2031
A. Quantified impacts (in thousands of CAN$, 2012 constant dollars)
Benefits Prevented fatalities Grade crossing users $4,070 $42,550 $332,723 $33,888
Prevented injuries Grade crossing users $336 $3,255 $26,435 $2,692
Prevented derailments Railway companies $100 $1,909 $10,997 $1,120
Prevented incidents of railway damage Railway companies $21 $264 $1,872 $191
Prevented incidents of vehicle damage Grade crossing users $172 $2,180 $15,435 $1,571
Total $4,700 $50,158 $387,453 $39,462
Costs Upgrading existing grade crossings to standards Railway companies, provinces, municipalities, Aboriginal bands, private authorities $26,459 $5,157 $126,726 $13,457
Total $26,459 $4,924 $126,726 $13,457
Net benefits  –$21,760 $45,234 $260,727 $26,005
B. Quantified impacts in non-$ (monetized in Section A)
  Annual Totals Total Annualized Average
2012 2031
Impact on Canadians and railway companies Prevented collisions involving railway equipment 6.0 54.1 955.9 47.8
Prevented collisions not involving railway equipment 13.9 175.8 2,922.8 146.1
Prevented fatalities 0.5 6.0 108.9 5.4
Prevented injuries 0.8 8.0 149.3 7.5
Prevented derailments 0.1 2.5 34.8 1.7
Prevented incidents of railway damage 4.0 50.9 845.4 42.3
Prevented incidents of vehicle damage 23.6 298.9 4,968.1 248.4
C. Qualitative impacts
Positive
  • Clear roles and responsibilities and improved accountability
  • National consistency of standards
  • Improved enforceability of the RSA
  • Improved knowledge of crossing conditions and improved collaboration between parties
  • Improved corridor fluidity leading to increased transportation system efficiency
  • Improved effectiveness of the Grade Crossing Improvement Program
Negative
  • Cost of new grade separation, reduced train speeds or purchase of right to a crossing
  • Minor additional costs over current practice associated with planned alterations or operational changes
  • Railway company costs for operational control circuits to provide consistent approach warning times at a few crossings
  • Minor railway company costs for relocation of crossing signs
  • Minor road authority costs at a few crossings for advisory speed tabs
  • Minor additional costs over current practice for temporary protection measures
  • Minor additional costs over current practice for out-of-service railway lines

The costs of the GCR are expected to be borne by railway companies as well as road authorities (provinces, municipalities and Aboriginal bands) and private authorities. It was assumed that costs at urban public crossings (approximately 36% of public crossings) will be borne by municipalities and that costs at rural public crossings (approximately 64% of public crossings) will be borne by provincial governments or Aboriginal bands.

There are 95 federally regulated grade crossings where the road authority is an Aboriginal band. Of these, 84 are public crossings. Costs at rural public crossings were separated between provincial governments and Aboriginal bands using these data.

Table 2: Present value of costs by stakeholder (thousands of dollars)

  Railway Companies Provinces Municipalities Aboriginal Bands Private Authorities All Stakeholders
Present value cost ($000) $99,306 $17,159 $10,088 $170 $3 $126,726
% of total 78.4% 13.5% 8% 0.1% 0% 100%

Over 78% of the overall costs of the GCR are expected to be borne by railway companies. Some of these costs will be offset by the value of benefits associated with fewer collisions, resulting in reduced property damage and lower derailment costs. The present value of these benefits over the 20-year time horizon is expected to be $12.9 million.

A sensitivity analysis was conducted to test the robustness of the CBA results based on variations in some key parameters. Twenty-seven scenarios were tested in the sensitivity analysis, based on various combinations of collision reduction, discount rate and implementation cost. Overall, the sensitivity analysis demonstrated that the GCR are likely to result in a significant positive net present value, even with deviations from the expected levels of key parameters.

The full cost-benefit analysis is available upon request.

“One-for-One” Rule

The normal application of the “One-for-One” Rule does not apply because the GCR are critical to protecting the safety of Canadians. Therefore, the GCR will be carved out from the application of the Rule.

Transport Canada estimated that the administrative burden associated with the GCR will have an annualized value of $165,259, which is distributed as follows:

CN 46.6% $77,011
CP 47.7% $78,829
VIA Rail 0.72% $1,190
Other 4.98% $8,230

The increase in administrative costs is derived from the sharing of information between the railway companies and the road authorities required in the Grade Crossings Regulations. The burden on railway companies will be to prepare and share written information regarding the safety attributes of their grade crossings. This sharing of information will allow road authorities to satisfy the safety requirements of the GCR and to foster a collaborative environment between the two parties responsible for safety at grade crossings. The administrative costs were calculated based on the information provided by members of the railway industry during consultations and taking into consideration that the information to be shared will only need to be provided once in the first two years for each of the 14 000 public grade crossings. It was assumed that it would take 1.5 hours to prepare and submit the written information, at an average hourly wage rate of $70/hour.

Small business lens

The Railway Association of Canada (RAC) identified that five of its members are small businesses, which represents approximately 0.214% of the total number of crossings. Therefore, the impact of the GCR is assumed to be very minimal.

However, since the GCR are safety-based under the authority of the RSA, it would not be appropriate to differentiate between small and large businesses when it comes to safety. Under any other alternative scenario, railway companies and road authorities would be less able to mitigate risks to Canadian safety.

Consultation

Transport Canada conducted extensive consultations on the GCR during three distinct stages: 1991–1995, 1999–2006 and 2011–2013. Stakeholders included the public, railway companies and road authorities. Road authorities included associations, unions and other government departments.

From 1991 to 1995, consultations took place with provincial ministries of transportation, the RAC and member railway companies, the Federation of Canadian Municipalities (FCM) and FCM member municipalities. As a result, Transport Canada drafted a policy and standards by the end of 1995. Further development of these drafts was put on hold pending the outcome of the Railway Safety Act review of 1995.

Between 1999 and 2003, stakeholder discussion forums were held across Canada. Working groups, comprising representatives of provinces, municipalities, railway companies, railway unions and the Canadian Federation of Agriculture, developed another version of the draft policy and standards (RTD-10). Since January 2003, interested stakeholders have followed a draft of the RTD-10 with respect to construction and alterations of grade crossings, even though stakeholders had remaining issues with some of its content.

From 2002 to 2006, a partnership with officials of railway companies and provincial and municipal road authorities developed a pilot project to test the safety evaluation processes and their efficiency. The pilot project led to the development of the Grade Crossing Safety Assessment Guidelines. Further evaluation established that the guidelines could not resolve all outstanding issues, such as roles and responsibilities. While the guide is still considered best practice, municipalities and railway companies did not consider it a cost-efficient means to address the safety shortcomings at all grade crossings.

Following these consultations, stakeholders were still concerned with respect to the standards, the roles and responsibilities, and the costs of the implementation of the regulatory proposal. Transport Canada revised the draft policy and the standards in an attempt to address these concerns and in April 2012, conducted a final round of national consultations in six locations with the public, road authorities, railway companies, associations, unions and other government departments.

On June 21, 2012, Transport Canada completed its series of targeted national consultation meetings with road authorities and railway companies. The consultation meetings constituted the second phase of a two-phase process that began with a 60-day online consultation conducted from January 30, 2012, to April 24, 2012, which was open to the public.

As a result of the comments received, Transport Canada extended its regulatory consultation process to the end of summer 2013 to continue bilateral discussions with main stakeholders on specific issues, including timing, costs, and blocked crossings. Modifications were made to the draft policy to minimize the financial impact on both road authorities and railway companies, while maintaining Transport Canada’s objective for safer grade crossings. Further discussions on blocked crossings took place between the RAC and the FCM, facilitated by Transport Canada, which resulted in a proposal that fosters collaboration between the parties, in keeping with the spirit of the RSA. Both the FCM and the RAC agreed with the intent of the proposed Regulations in principle, but both requested that funding be made available to stakeholders to comply with the GCR when they come into force.

The proposed Regulations were published in the Canada Gazette, Part I, on February 8, 2014, followed by a 90-day comment period that ended on May 9, 2014.

A total of 23 written comments were received from railway companies, including RAC, CN and CP, municipal associations (Alberta Association of Municipal Districts and Counties, Association of Manitoba Municipalities and the Federation of Canadian Municipalities [FCM]), provincial authorities (Ministry of Transportation of Ontario and Manitoba Infrastructure and Transportation), seven cities (Vancouver, Richmond, Surrey, Township of Langley, Windsor, North Vancouver District and Edmonton) and five members of the public.

Transport Canada considered all stakeholder comments and revised the Regulations with a view to keeping the right balance between costs and the safety of grade crossing users across Canada.

Most comments considered pertained to the timelines for the sharing of information between railway companies and road authorities, the sightline requirements, the timelines for the new requirements to come into force, crossings blocked for long periods of time and the need for an implementation guide to better understand the requirements of the GCR.

More specifically, comments and concerns provided by the railway companies and the RAC were as follows:

Road authorities’ comments and concerns were as follows:

In light of these comments, some clarification and relief was provided for the sightline requirements, as well as the safety concern provision as it relates to blocked crossings. Relief was also provided with respect to timelines for sightlines and the requirements to upgrade existing grade crossings.  Therefore, timelines for these requirements were extended by two years to seven years after the coming into force of the GCR. The requirement to share information related to grade crossings was modified to two years after the coming into force of the GCR, instead of five years as was proposed in the Canada Gazette, Part I. This last modification was requested by both the railways and the road authorities.

A change to the timelines for sightlines and the requirements to upgrade existing grade crossings, from five years to seven years, was accepted, given that the larger railways (owning 87% of the crossings) are already voluntarily complying with most of the best engineering practices found in the standards of the GCR, and that for some short-line railways, five years would cause a significant financial burden. As this is consistent with one of the Department’s original options, the Department maintains that providing two more years for full compliance will not significantly jeopardize safety.

Furthermore, the railways indicated that in order to improve safety and comply with the proposed Regulations, they would need more time to upgrade their crossings with warning systems. It was further emphasized that the only two manufacturers of these systems would not be able to supply the required materials and systems within the five-year window proposed in the Canada Gazette, Part I, and stressed that a minimum of seven years would be needed.

During the implementation period, stakeholders will continue to be obligated, under the Railway Safety Act (RSA), to ensure that sound engineering principles at crossings are followed. Also, should a safety concern be identified, Transport Canada’s authority under the RSA will always remain (notices, notices with orders, emergency directives).

One of the main objectives of the GCR is to establish clear roles and responsibilities, and foster collaboration between the two parties responsible for safety at grade crossings (railway companies and road authorities). The GCR requirements for sharing of information by year two will promote adherence to the safety principles found in the GCR. Therefore, it is expected that the difference between five and seven years for the upgrades to existing grade crossings will not have a significant impact on safety.

Scope of application

While railway companies wanted the GCR to only apply when a new grade crossing is constructed or when there is an alteration or operational change at a crossing, some relief was provided by excluding grade crossings where the railway is the sole private authority (e.g. in train yards, or train stations) as it is understood that those crossings are mainly used by railway employees and that railways manage safety in the workplace. However, the GCR apply to all other existing grade crossings, as the latter continue to pose a safety risk for crossing users.

Exceptions at private grade crossings

Exceptions that apply to certain private grade crossings were added to address the concerns raised by railway companies with respect to them; for example, requirements regarding warning systems at grade crossings where the railway design speed is less than 25 km/h and the access to the road leading to the grade crossing is controlled by a locked barrier were removed.

Sightlines

The sightline requirement was the item most discussed with CN and RAC, and discussions continued after the 90-day comment period. They requested that the sightline requirements for private grade crossings be removed from the GCR. VIA Rail requested the same. Both railways and road authorities commented that they did not want to be responsible for sightlines over land outside their respective right-of-ways.

Their main concern is that the costs to upgrade private grade crossings to meet the sightline requirements are too high compared to the benefits. There is a difference between Transport Canada’s and the railways’ estimated costs for the sightlines requirement at private crossings mainly because, as is standard practice in federal CBAs, Transport Canada accounted for costs above what railways say they have today related to their own engineering standards. A sampling exercise performed by experienced Railway Safety Inspectors on the high speed corridor between Quebec City and Toronto validated Transport Canada’s costs.

Although there are costs associated with meeting the sightline requirements, government intervention will provide the most benefit by requiring sightlines, as dictated by the basic principles of physics (i.e. ensure a road user is able to see far enough down the track to have enough time to traverse a crossing before the arrival of a train), while ensuring that the same level of safety exists at all federally regulated grade crossings, not just at public crossings.

The sightline requirements, where both authorities are responsible for sightlines over land outside their respective right-of-way, were kept for grade crossings where no warning systems are installed. However, the GCR provide relief where grade crossings are equipped with warning systems (no gates) by requiring each authority to be responsible for its own right-of-way. This relief is acceptable as it enables a driver approaching a grade crossing to see the warning system and, when stopped at the grade crossing, to see down the track.

In addition, the GCR do not require sightlines at grade crossings where the access is controlled or the crossing is for the exclusive use of the private authority and where the train speeds are 25 km/h or less (i.e. farm-to-farm crossings and gated crossings). Crossing users at these locations are accustomed to the train operations; the access to these locations is controlled or they are not open for public use, and combined with slower train speeds, crossing users are believed to be able to safely use the grade crossing.

While sightlines from a stopped position that is 8 m from track is considered industry best practice, further relief is provided by decreasing the distance from the track to where road users stop to see a train from 8 m to 5 m, providing authorities with more flexibility by narrowing the area they are responsible to clear. This is considered the nearest position to the tracks where a crossing user would be expected to be positioned before safely proceeding over the grade crossing.

Blocked crossings

The limiting criteria permitting municipalities to declare in a resolution that a “blocked crossing” creates a safety concern are not included in the GCR, as this type of criteria should be part of the basis for the safety concern, and a municipality’s ability to raise a safety issue in such instances at a grade crossing should not be compromised.

While road authorities expressed a strong desire for a maximum time limit where a train may occupy a grade crossing, it was considered unachievable with the limited data available at this time. Should data and research lend themselves to support a maximum time limit value, Transport Canada will not hesitate to evaluate and consider this option in the future.

Two concerns raised by the railways did not yield a modification from the proposed GCR:

As requested by the FCM and as part of its implementation plan, Transport Canada will develop guidance material on the GCR and will work with road authorities and railway companies to develop a “handbook” to improve understanding of the requirements of the GCR.

Given that costs for complying with the GCR were a concern for stakeholders, the revisions provide relief that should alleviate stakeholders’ remaining concerns while maintaining Transport Canada’s objective for safer grade crossings.

Rationale

Under the current acts governing railway companies, public safety is still below the standards voluntarily set by Transport Canada and stakeholders. The GCR will address two main issues regarding grade crossing safety.

First, numerous reviews of the RSA identified that the multi-jurisdictional nature of grade crossings results in safety gaps, because road authorities and railway companies are not always clear on their responsibilities nor are they adequately sharing information about the changes in railway and roadway traffic. The current approach to managing safety at grade crossings requires collaboration between 32 railway companies, 1 460 municipal and provincial road authorities, 95 Aboriginal bands, and many individual private authorities. The GCR clearly define the roles and responsibilities of railway companies and road authorities, reducing the safety gap created by the lack of collaboration, information and understanding.

Second, although railway companies and road authorities are adhering to the voluntary standards on new grade crossings, existing crossings are brought up to the standards in the RTD-10 on an ad hoc basis only. To ensure that railway companies and road authorities are meeting the standards, the GCR incorporate the GCS by reference, making them enforceable standards. The GCR that address obstruction of public crossings will improve safety by reducing risk-taking behaviour.

Based on the completed CBA, the overall result will be efficiently managed and safer grade crossings, consistent with other road and rail infrastructure safety standards in Canada. This will lead to reductions in collisions, fatalities, injuries, property damage, and possible environmental impacts that may result from a spill of dangerous commodities. All individuals who use grade crossings, whether they are pedestrians, in a vehicle or on a train, will benefit from improved safety.

In addition, the GCR will respond to TSB’s Watchlist concern that the “risk of passenger trains colliding with vehicles remains too high in busy rail corridors,” including two TSB recommendations that the Department of Transport

Implementation, enforcement and service standards

The GCR come into force on the day on which they are registered as follows:

Transport Canada’s Rail Safety Compliance and Enforcement Policy (www.tc.gc.ca/eng/railsafety/policy-263.htm) will apply to the Grade Crossings Regulations. It provides guidance to Transport Canada officials involved in

A variety of promotion and enforcement tools will be used to foster compliance with the GCR and to respond to non-compliance and site-specific threats to safety. For grade crossings, this includes education and awareness activities in the form of presentations, information booths, pamphlets and guidelines at conferences, association meetings, directly with regulated parties as well as Web sites to improve understanding of requirements and promote safe practices with regulated parties.

Promotional and educational activities will also target organizations involved in developing the standards and guidelines that are incorporated by reference into the Grade Crossings Regulations. These include

Railway safety officers located in Transport Canada’s five regions will also play an important role in promoting compliance with the GCR through

Enforcement of the GCR and response to safety threats will include the following:

Upon summary conviction, the penalty in the case of a corporation would be a maximum fine of one million dollars, and in the case of an individual, the maximum fine would be $50,000, for each day of non-compliance.

Performance measurement and evaluation

Transport Canada will monitor the performance of the GCR through several metrics of their impact on public safety and compliance, including

Transport Canada will collect data on an ongoing basis from different sources. Through Rail Safety’s inspection programs, railway safety inspectors will obtain valuable information on various safety attributes of crossings. This data will then be inputted in Transport Canada’s Integrated Railway Information System (IRIS) database. Furthermore, the TSB and NCDB will continue to provide collision statistics and information.

Transport Canada will also apply the University of Waterloo’s Grade X model and other tools to support the identification of at-risk crossings for future funding programs that would improve the safety of high-risk grade crossings.

Transport Canada conducted a safety exercise over the summer of 2011 to assess the impact of the provisions of the Grade Crossings Regulations. This information will serve as a baseline for developing the annual national inspection programs and the compliance monitoring programs. Results from these programs will also feed into the Rail Safety Integrated Gateway (RSIG) program, which in turn will direct Rail Safety’s oversight activities based on business risk management principles. All these programs will play an integral role in Rail Safety’s monitoring and oversight activities and more so in this performance measurement and evaluation plan.

Contact

Marie-Josée Goulet
Chief Engineer
Rail Safety Operations
Safety and Security
Transport Canada
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5
Telephone: 613-990-5769
Fax: 613-990-7767
Email: railsafety@tc.gc.ca