Agreements: road and utility crossings

Who does this apply to?

  • Road authorities and railway companies that want to construct or reconstruct a road crossing
  • Utility companies and railway companies who want to install or modify a utility crossing

How to create an agreement

The parties involved may negotiate any aspect of a crossing.

When negotiating an agreement the parties may want to consider the following items:

  • location of the crossing;
  • a description of the project;
  • the purpose of the project;
  • plans or drawings prepared to scale, signed and dated;
  • terms and conditions, such as those governing alteration, notice, process and supervision;
  • liability;
  • design;
  • material standards;
  • duration (including removal provisions);
  • costs, such as those related to construction, maintenance and restoration;
  • safety requirements;
  • environmental impact; and
  • other project-specific issues.

The agreement must clearly demonstrate the consent of both parties.

What if the parties can't agree?

The Agency may authorize the construction of a suitable road or utility crossing or related work, and may rule on any disputed issue within its jurisdiction. Learn more about disputes about rail-related crossings.

How to file an agreement with the Agency

Under section 101 (Part III) 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.

Safety requirements

Authority to establish or modify a road crossing under the Act does not relive the parties of their obligations under the Railway Safety Act. Learn more about rail safety requirements.

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