Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada


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

Act current to 2021-09-11 and last amended on 2020-06-10. Previous Versions

PART IIIRailway Transportation (continued)

DIVISION IIConstruction and Operation of Railways (continued)

Liability Insurance (continued)

Marginal note:Notice of insurance changes

 The holder of a certificate of fitness shall notify the Agency in writing without delay

  • (a) if the liability insurance coverage is cancelled or altered; or

  • (b) if there are any changes to the construction or operation that may affect the liability insurance coverage.

  • 1996, c. 10, s. 94
  • 2015, c. 31, s. 7

Marginal note:Inquiry

 The Agency may make an inquiry to determine whether a holder of a certificate of fitness complies with section 93.1.

  • 2015, c. 31, s. 7

Marginal note:Suspension or cancellation of certificate of fitness

 The Agency shall suspend or cancel a certificate of fitness if it determines that the holder of the certificate has failed to comply with section 93.1.

  • 2015, c. 31, s. 7

General Powers of Railway Companies

Marginal note:Powers

  •  (1) Subject to the provisions of this Part and any other Act of Parliament, a railway company may exercise the following powers for the purpose of constructing or operating its railway:

    • (a) make or construct tunnels, embankments, aqueducts, bridges, roads, conduits, drains, piers, arches, cuttings and fences across or along a railway, watercourse, canal or road that adjoins or intersects the railway;

    • (b) divert or alter the course of a watercourse or road, or raise or lower it, in order to carry it more conveniently across or along the railway;

    • (c) make drains or conduits into, through or under land adjoining the railway for the purpose of conveying water from or to the railway;

    • (d) divert or alter the position of a water pipe, gas pipe, sewer or drain, or telegraph, telephone or electric line, wire or pole across or along the railway; and

    • (e) do anything else necessary for the construction or operation of the railway.

  • Marginal note:Minimal damage

    (2) The railway company shall do as little damage as possible in the exercise of the powers.

  • Marginal note:Restoration

    (3) If the railway company diverts or alters anything mentioned in paragraph (1)(b) or (d), the company shall restore it as nearly as possible to its former condition, or shall put it in a condition that does not substantially impair its usefulness.

  • Marginal note:Compensation

    (4) The railway company shall pay compensation to a person who sustains actual loss or damage from the exercise of the powers and the compensation must equal the amount of the loss or damage that the company would be liable to pay the person if the powers had not been conferred by statute.

Noise and Vibration

Marginal note:Obligation

 When constructing or operating a railway, a railway company shall cause only such noise and vibration as is reasonable, taking into account

  • (a) its obligations under sections 113 and 114, if applicable;

  • (b) its operational requirements; and

  • (c) the area where the construction or operation takes place.

  • 2007, c. 19, s. 29

Marginal note:Guidelines

  •  (1) The Agency shall issue, and publish in any manner that it considers appropriate, guidelines with respect to

    • (a) the elements that the Agency will use to determine whether a railway company is complying with section 95.1; and

    • (b) the collaborative resolution of noise and vibration complaints relating to the construction or operation of railways.

  • Marginal note:Consultations

    (2) The Agency must consult with interested parties, including municipal governments, before issuing any guidelines.

  • Marginal note:Not statutory instruments

    (3) The guidelines are not statutory instruments within the meaning of the Statutory Instruments Act.

  • 2007, c. 19, s. 29

Marginal note:Complaints and investigations

  •  (1) On receipt of a complaint made by any person that a railway company is not complying with section 95.1, the Agency may order the railway company to undertake any changes in its railway construction or operation that the Agency considers reasonable to ensure compliance with that section.

  • Marginal note:Restriction

    (2) If the Agency has published guidelines under paragraph 95.2(1)(b), it must first satisfy itself that the collaborative measures set out in the guidelines have been exhausted in respect of the noise or vibration complained of before it conducts any investigation or hearing in respect of the complaint.

  • 2007, c. 19, s. 29

Marginal note:Public passenger service providers

 Sections 95.1 to 95.3 apply, with any modifications that are necessary, to public passenger service providers.

  • 2007, c. 19, s. 29

Land Transfer

Marginal note:Land taken pursuant to section 134 of Railway Act

  •  (1) Where a railway company took possession of, used or occupied land under section 134 of the Railway Act before the coming into force of section 185, the railway company may not alienate the land except to transfer it to a railway company for the purpose of continuing railway operations or to the Crown.

  • Marginal note:Alienation to other persons

    (2) The land may be transferred to any other person for the purpose of continuing railway operations if

    • (a) in the case of land in Quebec, the transfer involves only a lease or a dismemberment of the right of ownership; or

    • (b) in the case of land in any other province, the transfer does not involve a transfer of the fee simple in the land.

  • Marginal note:Continuing application to subsequent transfers

    (3) If land is transferred under subsection (1) or (2) to any person other than the Crown in right of Canada, subsequent transfers of the land are subject to the same limitations as those contained in this section.

  • Marginal note:Existing rights

    (4) A transfer of land under this section does not affect any right or interest of a person, other than a railway company, that existed in the land immediately before the coming into force of section 185.

Marginal note:Land obtained for railway purposes

  •  (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.

Railway Lines

Marginal note:No construction without Agency approval

  •  (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

  •  (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.

Date modified: