In a series of recent decisions filed in response to requests from the City of Surrey for storm canals in rail corridors (the „Surrey Decisions“) 1, the CTA confirmed that Section 101 of the Act did not limit a supply crossover application to only cases where no other legislative jurisdiction is available. On the contrary, Section 101 is accessible to a person who has failed to negotiate an agreement to build, maintain or allocate the costs of a supply hub. With respect to compensation, the CTA confirmed its practice of not seeking compensation if no damage has been proven to the railway company or its land. Many municipalities negotiate agreements with railway companies to build, maintain or allocate costs for a utility company crossing a rail corridor. In accordance with Section 101 of the Canada Transportation Act S.C.1996, c.10 (the „Law“), these agreements and their amendments may be submitted to the Canadian Transportation Agency (ATC). If a person is unable to negotiate an agreement or amend an agreement, the CTA may authorize, upon request, the construction of an appropriate road crossing, crossing or related work and indicate who is responsible for the maintenance of the intersection. If the method of installing this utility involves the use of an indicative drilling process is to be followed, the specific guidelines of the railways must be followed. Union Pacific Railroad tracks AREMA Manual for Railway Engineering Chapter 1 – PART 5. To purchase a copy of these AREMA guidelines, submit a request to AREMA. When negotiating an agreement, the parties can take into account the following: the agreement must clearly demonstrate the agreement of both parties. A crossroads is a pipeline or line that, on the one side of the priority on the other side of the priority, is as close as possible to the railway tracks.
These facilities should follow pipeline or wire crossing procedures. Or you can use our new online application process.