Agreements: apportionment of costs of grade separations

Construction and maintenance costs of a basic grade separation

The costs of construction and maintenance of a basic grade separation on a new route are normally paid in full by the party deciding to construct the new route.

If an existing grade separation is to be reconstructed for the purposes of the party having exclusive responsibility for that grade separation, the costs of reconstruction and maintenance of the basic grade separation are normally paid in full by that party.

The construction costs of the basic grade separation are normally apportioned as follows:

If a construction project is…The road authority pays: The railway company pays:

Primarily due to road development

85%

15%

Due to both road and railway development having contributed largely to the need for the project:

50%

50%

Primarily due to railway development

15%

85%

When is a basic grade separation required?

  1. to eliminate an established road crossing at grade or to divert substantially all highway traffic from that crossing; or
  2. to reconstruct an existing grade separation in a situation where both parties have responsibility, or where the reconstruction is for the purposes of the party which has no responsibility.

Maintenance costs for an overhead bridge

The costs are normally apportioned as follows:

The road authority pays:The railway company pays:

all maintenance costs of the substructure, superstructure and retaining walls of an overhead bridge.

all other maintenance costs, including the cost of maintaining the railway approaches, track structure, railway drainage and communication facilities.

Maintenance costs for a subway

The costs are normally apportioned as follows:

The railway company pays:The road authority pays:

all maintenance costs of the substructure and the superstructure of a subway

all other maintenance costs, including the cost of maintaining the road approaches, retaining walls, road surface, sidewalks, drainage and lighting

Reconstructing an existing grade separation

If an existing grade separation is to be reconstructed, the established maintenance responsibilities for the existing grade separation are normally considered in the apportionment of maintenance costs of the basic grade separation.

The costs of construction and maintenance of a basic grade separation are not to include the costs that would otherwise be incurred by the railway company or the road authority if the crossing did not exist.

Construction and maintenance costs of additional facilities

The costs of construction and maintenance of additional facilities that exceed the costs provided for by the basic grade separation are normally to be paid by the party requesting the additional facilities.

Clearances and pier protection in excess of the following are normally considered to be additional facilities.

For overhead bridges:

  1. a vertical clearance of 7.16 metres above the base of rail for new or reconstructed basic grade separations;
  2. a lateral clearance of 5.5 metres from the centerline of the nearest track to the nearest pier or abutment in the basic grade separation; and
  3. pier protection, as per the American Railway Engineering and Maintenance-of-Way Association specifications.

For subways:

  1. vertical and lateral clearances as per the design standards for grade separations in the province where the grade separation is located.

What if the parties can't agree?

The Agency can rule on any outstanding issues. This ruling is based on submissions to the Agency from the parties. A submission can address any of the items outlined in this tool as well as any other relevant matter. Learn more about disputes about rail-related crossings.

How to file an agreement with the Agency

Under section 101 of the Canada Transportation Act, you can file an agreement, or an amendment to an agreement, with the Agency. The filed agreement is enforceable as if it were an order of the Agency.

You can file an agreement through the Agency's website.

In addition, you should send a copy of the agreement to each of the parties involved.

Definitions

Road
any way or course, whether public or not, available for vehicular or pedestrian use.
Road crossing
the part of a road that passes across, over or under a railway line, and includes a structure supporting or protecting that part of the road or facilitating the crossing.
Established road crossing
normally one that has been in existence for public use for at least three years.
Grade separation
a structure, including its approaches, that allows road and railway traffic to cross each other at different elevations.
Basic grade separation
that portion of the work that is required to provide adequate facilities for present-day needs at the time of construction or reconstruction of the grade separation.
Overhead bridge
a grade separation that carries a road across and over a railway.
Subway
a grade separation that carries a railway across and over a road.
Road authority
any authority having jurisdiction to construct and maintain a road.
Railway company
a railway company subject to the jurisdiction of the Agency.
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