Canada Transportation Act (S.C. 1996, c. 10)

Marginal note:Land obtained for railway purposes

• 97. (1) Subject to section 96, a railway company that obtained land from the Crown or any other person to assist in the construction or operation of its railway may acquire or transfer the land.

• Marginal note:Transfer of authority

  (2) If the railway company transfers the land to another company that has entered into a contract for the construction or operation, in whole or in part, of the railway for which the land was obtained, the other company has the same authority under this section as the railway company had in respect of the land.

Marginal note:No construction without Agency approval

• 98. (1) A railway company shall not construct a railway line without the approval of the Agency.

• Marginal note:Grant of approval

  (2) The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.

• Marginal note:Exception

  (3) No approval is needed for the construction of a railway line

  • (a) within the right of way of an existing railway line; or

  • (b) within 100 m of the centre line of an existing railway line for a distance of no more than 3 km.

Marginal note:Filing agreements

• 99. (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.

• Marginal note:Effect of filing

  (2) When the agreement or amendment is filed, it becomes an order of the Agency authorizing the parties to construct the railway line as provided in the agreement.

• Marginal note:No agreement

  (3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.

Marginal note:Definitions

100. In this section and section 101,

“road crossing”

« franchissement routier »

“road crossing” means 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;

“utility crossing”

« franchissement par desserte »

“utility crossing” means the part of a utility line that passes over or under a railway line, and includes a structure supporting or protecting that part of the utility line or facilitating the crossing;

“utility line”

« desserte »

“utility line” means a wire, cable, pipeline or other like means of enabling the transmission of goods or energy or the provision of services.