Jurisdiction and Administration
Railway crossings operating under federal charter are covered by the Canada Transportation Act, the Railway Safety Act and the Railway Relocation and Crossing Act. Crossings of railways operating under provincial charter are covered by the Railway Act. Federal and provincial regulatory bodies approve all road works in their jurisdiction that revise, reconstruct or relocate an existing crossing, or create a new crossing. The Rail, Navigable Waters Coordinator of the Ministry of Transportation’s Engineering Branch in Victoria coordinates the approval process.
There are three administrative levels of railway crossings:
- Public railway crossings are generally recognized as public roads or walkways intersecting a railway.
- Private railway crossings (temporary or permanent) are generally vehicular or pedestrian crossings with controlled access, serving only one facility or property.
- Farm railway crossings allow farmers continued access to lands severed by the railway.
Private and Farm crossings are not administered by the Rail, Navigable Waters Coordinator. Engineering considerations for private and farm crossings can be similar to minor public roads.