Wire Crossings and Proximities Regulations (C.R.C., c. 1195)

Short Title

1 These Regulations may be cited as the Wire Crossings and Proximities Regulations.

Interpretation

2 In these Regulations,

across

across or cross means crossing under or over; (à travers or traversant)

communication line

communication line means a line for telegraphic, telephonic, signalling or other intelligence purposes; (ligne de communication)

construction

construction includes extensive modification and extensive reconstruction; (construction)

line

line includes a communication line and a supply line, including the wires, cables, conductors and their supporting or containing structures and appliances, if any, forming part thereof or used in connection therewith; (ligne)

maintenance

maintenance includes repairing; (entretien)

near

near means in such proximity as may give rise to the possibility of physical, inductive or electrolytic interference; (près)

supply line

supply line means a line used primarily for the transmission of a supply of electrical energy for other than telegraphic, telephonic, signalling or other intelligence purposes. (ligne de distribution)

Application

3 These Regulations apply to the construction and maintenance of lines, wires or other conductors for the transmission of electrical energy, or for communication purposes, for which leave of the Commission is required by virtue of section 317 of the Railway Act or which have been or are to be constructed or maintained by consent and in accordance with these Regulations.

4 These Regulations apply except where the Commission directs or permits a departure therefrom in respect to any particular line.

General

• 5 (1) The party that has leave of the Commission or consent to carry out construction or maintenance of a line (hereinafter called the “line party”) shall do so at its own expense.

• (2) The construction and maintenance shall be carried out in accordance with the applicable rules, requirements and specifications issued from time to time by the Canadian Standards Association and approved by the Commission.

• (3) Upon such approval by the Commission, such rules, requirements and specifications shall automatically, without further order, be adopted and incorporated in these Regulations.

• (4) The construction and maintenance shall also be carried out, and the line operated, in such a manner as not unduly to interfere with or obstruct the operation of any railway or line crossed or neared or to endanger the safety of the railway or line or of persons using or working on the railway or line.

• (5) Such additional precautions shall be taken as the Director of Engineering of the Commission may require.

• 6 (1) Before constructing any line that, when completed, will be

  • (a) along or across a railway, or

  • (b) near a line that is within the legislative authority of the Parliament of Canada,

  the party proposing to do so shall

  • (c) apply to the party owning, operating or having control over the railway or line for its written consent to the construction and maintenance of the line; and

  • (d) if required, send to the party referred to in paragraph (c) detailed plans of the construction.

• (2) Where the consent referred to in subsection (1) cannot be obtained or cannot be obtained otherwise than subject to terms and conditions not acceptable to the party proposing to construct a line, that party may apply to the Commission for leave to construct and maintain the line.

• (3) A party applying to the Commission for the leave referred to in subsection (2) shall

  • (a) file with the Secretary of the Commission

    • (i) three copies of a statement setting out all the facts relevant to the application, and

    • (ii) three copies of a plan, profile and cross section combined of the proposed works and of the part of the railway or line that the proposed line will cross or be near showing the location of the proposed line; and

  • (b) give notice of the application, with a copy of the statement and the plan, profile and cross section combined, to the party referred to in paragraph (1)(c).

• 7 (1) Before commencing any work of construction or maintenance of a line, except minor changes or minor repairs, the line party shall give to an officer of the other party owning, operating or having control over the railway or line to be crossed or neared, if such railway or last mentioned line is within the legislative authority of the Parliament of Canada, at least 72 hours notice thereof in writing; except that in an emergency the work may be commenced without the giving of the notice, but in such event notice shall be given by telegram as soon as is reasonably possible.

• (2) The other party may appoint an inspector under whose supervision the work shall be carried out, and whose wages and expenses shall be paid by the line party upon receipt from the other party of a statement showing in reasonable detail the particulars of such wages and expenses; but if the line party is a municipality or the agent of a municipality, and the line on which the work is to be done is on a highway within the jurisdiction of the municipality the said wages shall be paid by the other party.

• 8 (1) Notwithstanding section 5, in every case in which a railway or a line within the legislative authority of the Parliament of Canada is to be constructed along, across or near any existing line, the existing line shall be made to conform to such of the rules, requirements and specifications issued from time to time by the Canadian Standards Association and approved by the Commission as are applicable thereto or as are necessary to avoid interference with the service of the railway or line.

• (2) The party owning, operating or having control over the existing line shall, after receiving whatever information may be necessary to determine any changes that are required, send plans of those changes to the party proposing to construct the railway or line and, upon receipt of that party’s written consent shall, at that party’s expense, make such changes.

• (3) Where a railway or line is constructed across or near an existing line, such existing line shall be dismantled unless it has been constructed and is thereafter maintained in accordance with such of the rules, requirements and specifications issued from time to time by the Canadian Standards Association and approved by the Commission as are applicable thereto.

9 The line party shall at all times wholly indemnify the other party owning, operating or having control over the railway across or along which, or the other line across or near which, the line party’s line is constructed, from and against all loss, cost, damage, injury and expense to which that other party may be put by reason of any damage or injury to persons or property caused by the construction, maintenance or operating of the line party’s line or any work herein provided for by the terms and provisions of the Regulations, as well as against any damage or injury resulting from the imprudence, neglect or want of skill of the employees or agents of the line party in connection with the construction, maintenance or operation of the line party’s line, unless the cause of such loss, cost, damage, injury or expense can be traced elsewhere.

10 Any dispute between the parties as to the manner in which a line is to be constructed or maintained may be referred by either of them to the Director of Engineering of the Commission, whose decision is subject to appeal to the Commission.

11 Two or more lines shall not be constructed in the same or approximately the same vertical plane, but joint use of poles as provided for by Joint Use of Poles Regulations or any other order of the Commission is permitted.

12 The line party shall, as soon as possible and immediately after its head office has received information of the occurrence upon railway lands along or across which its line is constructed of any accident involving its line attended with personal injury to any person using the railway, or to any employee of the railway company, or which causes loss or damage to the railway company, give notice thereof by telegraph, with full particulars, to the Commission.

13 Nothing in these Regulations shall prejudice or detract from the right of a company owning, operating or using a railway to adopt at any time the use of electric or other motive power, and to construct and maintain along or across its right-of-way such lines as may be necessary or proper for such purpose; the cost of any removal, change in location or construction of any other line rendered necessary by any of the matters referred to in this paragraph shall be borne by such of the parties and in such proportion as the Commission upon the application of any party interested, may determine.

14 Nothing herein shall deprive any party of any remedy or right of action which such party would otherwise have against any other party for loss or damage resulting from the construction, maintainance or operation of any railway or line.

15 For the purpose of these Regulations, Canadian Standards Association Standard C22.3 No. 1-1970 pertaining to Overhead Systems and Underground Systems, being part of the Canadian Electrical Code, Part III, containing rules, requirements and specifications relating to the construction of

• (a) supply lines and trolley lines along or across railways,

• (b) communication lines along or across railways, and

• (c) communication lines near or across communication lines on file with the Commission, under Case 4707,

is approved.