Grade Crossings Regulations

Grade Crossings Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 7(1)a, section 7.1b, subsections 18(1)c and (2)d, paragraph 23.1(1)(a)e, subsection 24(1)f and sections 37g and 47 of the Railway Safety Acth, makes the annexed Grade Crossings Regulations. S.C. 2012, c. 7, s. 7(1) S.C. 1999, c. 9, s. 4 S.C. 2012, c. 7, s. 13 S.C. 1999, c. 9, s. 12 S.C. 1999, c. 9, s. 18 S.C. 2012, c. 7, s. 16(1) S.C. 2012, c. 7. s. 30 S.C., c. 32 (4th suppl.) Definitions The following definitions apply in these Regulations. Advisory Speed Tab sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panonceau Vitesse recommandée) average annual daily railway movements means the number of movements of engines, or engines coupled with railway equipment, across a grade crossing in a year, divided by the number of days in that year. (moyenne annuelle de mouvements ferroviaires quotidiens) average annual daily traffic means the number of motor vehicles that cross a grade crossing in a year, divided by the number of days in that year. (débit journalier moyen annuel) crossing surface means the part of a road that lies between the ends of a railway tie and that has the width shown in Figure 5-1 of the Grade Crossings Standards. (surface de croisement) cross-product means the product of the average annual daily railway movements and the average annual daily traffic. (produit vectoriel) design vehicle means one of the vehicles shown in Figures 1.2.4.1 to 1.2.4.11 of the Geometric Design Guide for Canadian Roads, published by the Transportation Association of Canada and dated September 1999. (véhicule type) Emergency Notification sign means the sign referred to in article 8.5 of the Grade Crossings Standards. (panneau Avis d’urgence) existing grade crossing means a grade crossing for which actual construction is started before November 28, 2014. (passage à niveau existant) grade crossing means a road crossing at grade, or two or more road crossings at grade where the lines of railway are not separated by more than 30 m. (passage à niveau) Grade Crossings Standards means the Grade Crossings Standards published by the Department of Transport and dated January 1, 2019. (Normes sur les passages à niveau) high-priority grade crossing means a public grade crossing with average annual daily railway movements of 10 or more and a railway design speed of 97 km/h (60 mph) or more. (passage à niveau de priorité élevée) new grade crossing means a grade crossing for which actual construction is started on or after November 28, 2014. (nouveau passage à niveau) Number of Tracks sign means the sign referred to in article 8.1.2 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Nombre de voies ferrées) Prepare to Stop at Railway Crossing sign means the sign referred to in article 18.1 of the Grade Crossings Standards. (panneau Préparez-vous à arrêter à un passage à niveau) private authority means a person, other than a road authority, who has a right with respect to a private grade crossing. (autorité privée) private grade crossing means a grade crossing that is not a public grade crossing. (passage à niveau privé) public grade crossing means a grade crossing whose road is opened or maintained by a road authority and is designed for public use. (passage à niveau public) Railway Crossing Ahead sign means the sign referred to in article 8.2.1 of the Grade Crossings Standards. (panneau Signal avancé d’un passage à niveau) Railway Crossing sign means the sign and post referred to in article 8.1.1 of the Grade Crossings Standards and, for the purposes of sections 58 and 73, the sign referred to in article 4 of Part B of those Standards. (panneau Passage à niveau) railway design speed means the railway equipment speed that corresponds to the current design of the grade crossing. (vitesse de référence sur la voie ferrée) road approach means the part of a road, other than the crossing surface, that lies between the point that marks the start of the stopping sight distance and the point that marks the front of a design vehicle when it is past the clearance point as shown in Figure 10-1 of the Grade Crossings Standards. (abord routier) road crossing design speed means the motor vehicle speed that corresponds to the current design of the grade crossing. (vitesse de référence au franchissement routier) sightlines means the sightlines referred to in sections 20 and 21, as applicable. (lignes de visibilité) Stop Ahead sign means the sign referred to in article 8.3.1 of the Grade Crossings Standards. (panneau Signal avancé d’arrêt) Stop sign means the sign referred to in article 8.4.1 of the Grade Crossings Standards. (panneau Stop) stopping sight distance means the distance calculated in accordance with article 7.2 of the Grade Crossings Standards. (distance de visibilité d’arrêt) storage distance means, on a road that crosses a grade crossing, the shortest distance between the rail nearest the road approach of the grade crossing and the edge of the nearest intersecting road, measured along the centre line of the road, as represented by D in Figure 11-1 of the Grade Crossings Standards. (distance de stockage) traffic control device means a Stop sign; a Stop Ahead sign; a Railway Crossing Ahead sign; an Advisory Speed Tab sign; a Prepare to Stop at Railway Crossing sign, including the interconnection with the warning system; or a traffic signal, including the interconnection with the warning system. (dispositif de contrôle de la circulation) warning system means an automated system, other than an interconnected traffic signal, that indicates the approach or presence of railway equipment at a grade crossing and that is composed of any combination of light units, bells, gates, operating mechanisms and circuits. (système d’avertissement) Separate grade crossings For the purposes of these Regulations, two adjacent and separate roads that are used by motor vehicles and that cross one or more lines of railway are considered to be separate grade crossings. Application These Regulations apply in respect of public grade crossings and private grade crossings. Railway company Despite subsection (1), these Regulations do not apply in respect of a private grade crossing if the road is opened or maintained by a railway company that is the sole private authority at the grade crossing. Non-application Despite subsection (1), sections 19 to 96 do not apply in respect of the following grade crossings: a public grade crossing where the average annual daily railway movements is less than three, the railway design speed is 17 km/h (10 mph) or less, it does not cross more than one track, the storage distance is 30 m or more, except if, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles, whistling is required or permitted when railway equipment is approaching the grade crossing, and the cross-product is less than 2 000; a private grade crossing where it does not cross more than two tracks, and the cross-product is less than 100; the railway design speed for freight trains is 41 km/h (25 mph) or less, the railway design speed for passenger trains is 49 km/h (30 mph) or less, the cross-product is less than 100, and there is no sidewalk; and a grade crossing where the average annual daily railway movements is zero. Public grade crossing Unless otherwise specified in an order of the Agency or in an agreement filed with the Agency under subsection 101(1) of the Canada Transportation Act, in the case of a public grade crossing, a railway company must ensure compliance with the requirements of these Regulations respecting a Railway Crossing sign, a Number of Tracks sign and an Emergency Notification sign, the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign, a warning system, a crossing surface, other than its design, and sightlines within the railway right-of-way and over land adjoining the railway right-of-way, including the removal of trees and brush that obstruct the sightlines; and a road authority must ensure compliance with the requirements of these Regulations respecting the design, construction and maintenance of a road approach, traffic control devices, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign, the design of a crossing surface, and sightlines within the land on which the road is situated and over land in the vicinity of the grade crossing, including the removal of trees and brush that obstruct the sightlines. Private grade crossing Unless otherwise specified in an order of the Agency under section 103 of the Canada Transportation Act, in the case of a private grade crossing, a crossing surface and a road approach within the railway right-of-way, including the selection of the road crossing design speed and design vehicle, and sightlines within the railway right-of-way and over land adjoining the railway right-of-way — other than sightlines over land owned by a private authority — including the removal of trees and brush that obstruct the sightlines; and a private authority must ensure compliance with the requirements of these Regulations respecting a road approach outside the railway right-of-way, other than the road crossing design speed and design vehicle, traffic control devices on land owned by the private authority, except for the maintenance of a Stop sign that is installed on the same post as a Railway Crossing sign, and sightlines over land owned by the private authority up to the railway right-of-way, including the removal of trees and brush that obstruct the sightlines. Information A railway company must provide a road authority, in writing, with the following information in respect of a public grade crossing: the precise location of the grade crossing; the number of tracks that cross the grade crossing; the average annual daily railway movements; the railway design speed; the warning system in place at the grade crossing; an indication of whether a Stop sign is installed on the same post as the Railway Crossing sign; and an indication of whether or not whistling is required when railway equipment is approaching the grade crossing. Timing The information must be provided on receipt of a notice under section 3 of the Notice of Railway Works Regulations. Timing — existing grade crossing In the case of an existing grade crossing, the information must be provided not later than the day that is two years after November 28, 2014, if a notice under section 3 of the Notice of Railway Works Regulations has not been received within that two-year period. Change In the case of a change referred to in paragraph 28(a) or (b) or section 87, a railway company must provide a road authority, in writing, not later than 60 days before the day on which the change begins, with the details of the change and with the information referred to in subsection 4(1) relating to the change. Railway design speed A railway company must notify a road authority in writing of an increase in the railway design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must specify in the notice the precise location of the grade crossing and the new railway design speed. Exception Despite sections 5 and 6, a railway company may make a change referred to in those sections at any time if the road authority has advised the railway company that the requirements of these Regulations with which the road authority must comply with respect to the change are met. Average annual daily railway movements A railway company must provide a road authority with the average annual daily railway movements when that value is three or more and the value increases by 50% or more relative to the previous value provided to the road authority. Whistling If a railway company stops requiring the use of a whistle at a grade crossing, it must notify the road authority in writing of that change not later than 30 days after the day on which the change is made. Transfer of line of railway If a line of railway at a public grade crossing is transferred from one railway company to another, the railway company to which the line of railway is transferred must, within seven days after the day on which the transfer takes effect, provide the road authority with the name, address, telephone number and email address of a contact person. Date and contact information The information referred to in sections 4 to 6, 8 and 9 must include the date on which it is sent, the name and address of the railway company, and the name, telephone number and email address of the person who provides the information. A road authority must provide a railway company, in writing, with the following information in respect of a public grade crossing: the number of traffic lanes that cross the crossing surface; the average annual daily traffic; the road crossing design speed; the specifications set out in columns A, B and C of Table 10-2 of the Grade Crossings Standards to which the road approach corresponds, taking into account the characteristics set out for rural roads in Table 10-3 of those Standards or the characteristics set out for urban roads in Table 10-4 of those Standards, as applicable; the width of each traffic lane and shoulder on the road approach; the design vehicle; the stopping sight distance; the average gradient of the road approach; the crossing angle referred to in article 6.5 of the Grade Crossings Standards; the applicable departure time referred to in article 10.3 of the Grade Crossings Standards; the activation time referred to in article 18.2 of the Grade Crossings Standards; the time referred to in article 19.3(a) of the Grade Crossings Standards; and an indication of whether the grade crossing includes a sidewalk, path or trail, and if so, whether the sidewalk, path or trail has been designated for persons using assistive devices. In the case of a change referred to in paragraph 28(c) or (d) or sections 88 to 91, a road authority must provide a railway company, in writing, not later than 60 days before the day on which the change begins, with the details of the change and with the information referred to in subsection 12(1) relating to the change. Road crossing design speed A road authority must notify a railway company in writing of an increase in the road crossing design speed at a public grade crossing not later than 60 days before the day on which the increase takes effect and must include in the notice the information referred to in paragraphs 12(1)(a), (d), (h) and (i). Interconnected traffic signal and sign A road authority must provide a railway company with the information referred to in paragraphs 12(1)(a), (l) and (m) not later than 60 days before the day on which an interconnected traffic signal referred to in article 19 of the Grade Crossings Standards, or a Prepare to Stop at Railway Crossing sign, is installed or is changed. Despite sections 13 to 15, a road authority may make a change referred to in those sections at any time if the railway company has advised the road authority that the requirements of these Regulations with which the railway company must comply with respect to the change are met. Transfer of road If a road at a public grade crossing is transferred from one road authority to another, the road authority to which the road is transferred must, within seven days after the day on which the transfer takes effect, provide the railway company with the name, address, telephone number and email address of a contact person. The information referred to in sections 12 to 15 must include the date on which it is sent, the name and address of the road authority, and the name, telephone number and email address of the person who provides the information. Sections 20 to 28 apply to a public grade crossing. Sections 20 to 28 apply to a private grade crossing other than a private grade crossing with a railway design speed of 25 km/h or less if access to the road leading to the grade crossing is controlled by a locked barrier; or the grade crossing is for the exclusive use of the private authority and is not used by the public. New grade crossing with a warning system The sightlines at a new grade crossing with a warning system must be as shown in Figure 7-1(a) of the Grade Crossings Standards. New grade crossing without a warning system The sightlines at a new grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards. Establishment of sightlines The sightlines at a new grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards. Existing grade crossing without a warning system The sightlines at an existing grade crossing without a warning system must be as shown in Figures 7-1(a) and (b) of the Grade Crossings Standards and are not required to take account of any railway equipment that is moving or attended. Existing grade crossing with a warning system The sightlines at an existing grade crossing with a warning system without a gate, which are within the railway right-of-way and within the land on which the road is situated, must be as shown in Figure 7-1(a) of the Grade Crossings Standards and are not required to take account of any railway equipment other than unattended railway equipment; any permanent visual obstructions that exist on November 28, 2014; or any areas beyond the visual limits of a curve. The sightlines at an existing grade crossing must be established in accordance with the standards set out in article 7 of the Grade Crossings Standards. The requirements of subsections (1) to (3) must be met beginning on November 28, 2022, in the case of a high-priority grade crossing; or November 28, 2024, in any other case. Warning system with a gate Despite sections 20 and 21, the requirements respecting sightlines do not apply to a grade crossing with a warning system with a gate. Maintenance of sightlines Sightlines must be maintained to meet the requirements of section 20 or 21, as applicable, including by the removal of trees and brush that obstruct the sightlines. Buildings and structures A person must not erect, on land adjoining the land on which a line of railway is situated, a building or other structure, not being a railway work, that will obstruct the sightlines. Things placed on land A person must not place, on land adjoining the land on which a line of railway is situated, anything that will obstruct the sightlines. Trees and brush A person who grows trees and brush, or allows them to grow, on land in the vicinity of a grade crossing must remove them if they obstruct the sightlines. Unattended railway equipment A company must not leave unattended any railway equipment that obstructs the sightlines. Changes to grade crossing The sightlines at a grade crossing must meet the requirements of section 20 if a line of railway is added within the sightlines of the grade crossing; the class of track referred to in column 1 of the table to article 7.1.2 of the Grade Crossings Standards changes, taking into account the maximum allowable operating speed set out in column 2 or 3 of that table, as applicable; the design vehicle changes; or an increase in the road crossing design speed results in a change to the specification set out in column B of Table 10-2 of the Grade Crossings Standards to which the road approach corresponds, taking into account the characteristics set out for rural roads in Table 10-3 of those Standards or the characteristics set out for urban roads in Table 10-4 of those Standards, as applicable. Construction A person must not construct a grade crossing if the railway design speed would be more than 177 km/h (110 mph); or the road approach of the proposed grade crossing would be a freeway, taking into account the characteristics set out for rural roads in Table 10-3 of the Grade Crossings Standards or the characteristics set out for urban roads in Table 10-4 of those Standards, as applicable. Sections 31 to 36 apply to the design and construction of a new grade crossing. Crossing surface A crossing surface must meet the standards set out in article 5 of the Grade Crossings Standards. Road approach A road approach must meet the standards set out in article 6 of the Grade Crossings Standards. The location of a public grade crossing must meet the standards set out in article 11 of the Grade Crossings Standards. Subsection (1) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles. Departure times Departure times must be calculated in accordance with article 10.3 of the Grade Crossings Standards. Design vehicle A design vehicle must be selected for the design of a grade crossing. A road crossing design speed must be selected for the design of a private grade crossing. Sections 38 to 46 apply to a new grade crossing that is a public grade crossing. Railway Crossing sign and Number of Tracks sign A Railway Crossing sign — and, if there is more than one track, a Number of Tracks sign — must be installed at a grade crossing and meet the standards set out in article 8.1 of the Grade Crossings Standards. Emergency Notification sign An Emergency Notification sign must be installed at a grade crossing in accordance with the standards set out in article 8.5 of the Grade Crossings Standards. Stop sign A Stop sign must be installed at a grade crossing without a warning system if the road crossing design speed is less than 15 km/h. Standards The Stop sign and its installation must meet the standards set out in article 8.4 of the Grade Crossings Standards. Stop Ahead sign A Stop Ahead sign must be installed if the Stop sign is not clearly visible within the stopping sight distance, and must meet the standards set out in article 8.3 of the Grade Crossings Standards. Railway Crossing Ahead sign and Advisory Speed Tab sign A Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if the Railway Crossing sign is not clearly visible within the stopping sight distance; or the speed of a motor vehicle on the road approach needs to be reduced in order to correspond to the road crossing design speed. The Railway Crossing Ahead sign and the Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards. Prepare to Stop at Railway Crossing sign A Prepare to Stop at Railway Crossing sign must be installed if the road approach is an expressway, taking into account the characteristics set out for expressways in Table 10-4 of the Grade Crossings Standards; at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of the road approach; or the weather conditions at the grade crossing repeatedly obscure the visibility of the warning system. The Prepare to Stop at Railway Crossing sign must meet the standards set out in article 18 of the Grade Crossings Standards. Warning system A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.1 or 9.5 of the Grade Crossings Standards, as applicable, and must meet the applicable standards set out in articles 12 to 16 of those Standards. If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system, or the railway company may manually protect the grade crossing instead of installing a warning system. A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.2 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards. Gate arm clearance time In the case of a grade crossing that corresponds to the specifications set out in article 9.2 of the Grade Crossings Standards, the gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of those Standards. Interconnected traffic signal A warning system installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards. Sections 48 to 56 apply to a new grade crossing that is a private grade crossing. If a Railway Crossing sign and a Number of Tracks sign are installed at a grade crossing, they must meet the standards set out in article 8.1 of the Grade Crossings Standards. at least one set of front light units on the warning system is not clearly visible within the stopping sight distance of at least one of the lanes of a road approach; or Sections 53 to 56 do not apply to a grade crossing with a railway design speed of 25 km/h or less if A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.3 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards. Alternative — limited use If the grade crossing provides access to fewer than three private dwelling-places and does not provide access to a business, a limited use warning system, and signs, that meet the standards set out in Appendix B of the Grade Crossings Standards, may be installed at the grade crossing instead of the warning system referred to in subsection (1). Alternative — walk light A limited use warning system with a walk light, and signs, that meet the standards set out in Appendix C of the Grade Crossings Standards, may be installed at the grade crossing instead of the warning system referred to in subsection (1) or (2), if access to the road is controlled by a locked barrier; or If railway equipment is required to stop at the grade crossing, a traffic signal that is activated by the presence of the railway equipment may be installed at the grade crossing instead of a warning system or the railway company may manually protect the grade crossing instead of installing a warning system. Sidewalk, path or trail A warning system must be installed at a grade crossing that corresponds to the specifications set out in article 9.5 of the Grade Crossings Standards and must meet the applicable standards set out in articles 12 to 16 of those Standards. A warning system with a gate must be installed at a grade crossing that corresponds to the specifications set out in article 9.4 or 9.6 of the Grade Crossings Standards, as applicable, and must meet the standards set out in articles 12 to 16 of those Standards. The gate arm of the warning system must start to descend at the end of the time calculated in accordance with article 10.4 of the Grade Crossings Standards. Selection A design vehicle that corresponds to the use of an existing grade crossing that is a public grade crossing must be selected. Basic requirements An existing grade crossing that is a public grade crossing must meet the standards set out in Part B of the Grade Crossings Standards. Additional requirements In addition to meeting the requirements of section 58, an existing grade crossing that is a public grade crossing must meet the requirements of sections 60 to 71 beginning on A road approach must meet the standards set out in article 6.1 of the Grade Crossings Standards. Railway Crossing sign A Railway Crossing sign must meet the standards set out in articles 8.1.3 and 8.1.4 of the Grade Crossings Standards. The Prepare to Stop at Railway Crossing sign must meet the standards set out in articles 18.1 and 18.2 of the Grade Crossings Standards. Light distribution and intensity The distribution and intensity of the light from a warning system must meet the standards set out in article 13 of the Grade Crossings Standards. Alignment of light units The alignment of each set of light units must meet the standards set out in articles 14.2 to 14.6 of the Grade Crossings Standards. Warning time Before railway equipment reaches a crossing surface, the warning system must operate in accordance with articles 16.1.1(a) to (c) and 16.2.2 of the Grade Crossings Standards. Cut-out circuits If railway equipment is operated, left standing or stopped in a manner that regularly causes, or will regularly cause, the activation of the warning system at a grade crossing other than for the purpose of crossing that grade crossing, the warning system must contain circuits that meet the standards set out in article 16.3.1 of the Grade Crossings Standards. Directional stick circuit The directional stick circuit of a warning system must meet the standards set out in article 16.4 of the Grade Crossings Standards. A design vehicle that corresponds to the use of an existing grade crossing that is a private grade crossing must be selected. A Railway Crossing sign and a Number of Tracks sign that are installed at an existing grade crossing that is a private grade crossing must meet the standards set out in Part B of the Grade Crossings Standards. In addition to meeting the requirements of section 73, an existing grade crossing that is a private grade crossing must meet the requirements of sections 76 to 81 beginning on November 28, 2024. Requirements respecting warning systems An existing grade crossing that is a private grade crossing must meet the requirements of sections 82 to 85 beginning on November 28, 2024. Exception — certain private grade crossings Sections 82 to 85 do not apply to a grade crossing with a railway design speed of 25 km/h or less if Exception — limited use warning systems Sections 82 to 85 do not apply to a limited use warning system of a type referred to in Appendix B of the Grade Crossings Standards or to a limited use warning system with a walk light of a type referred to in Appendix C of those Standards. A road crossing design speed must be selected for the grade crossing. If a Stop sign is installed and it is not clearly visible within the stopping sight distance, a Stop Ahead sign meeting the standards set out in article 8.3 of the Grade Crossings Standards must be installed. If a Railway Crossing sign is installed, a Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if The Railway Crossing Ahead sign and Advisory Speed Tab sign must meet the standards set out in article 8.2 of the Grade Crossings Standards. Signs If a Railway Crossing sign or a Number of Tracks sign is replaced at an existing grade crossing, the sign must meet the standards set out in article 8.1 of the Grade Crossings Standards. New warning system If a warning system is installed at a grade crossing, it must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards. Modification or installation of component When a component of a warning system is modified or is installed, the component must, except in the case of a replacement in kind for maintenance purposes, meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards. Increase in railway design speed If the installation of a warning system — or the modification or installation of a component of a warning system — results from an increase in the railway design speed, the warning system or component must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards before the increase in the railway design speed takes effect. A limited use warning system with a walk light, and signs, that meet the standards set out in Appendix C of the Grade Crossings Standards, may be installed at the grade crossing instead of the warning system referred to in subsection (1) or (4), if Change to road geometry If the location, gradient or crossing angle of a grade crossing changes, articles 6 and 11 of the Grade Crossings Standards must be applied in a manner that improves the overall safety of the grade crossing. Prohibition — gradient It is prohibited to increase the absolute gradient of a road approach to an existing grade crossing if the gradient does not meet the standards set out in article 6.3 of the Grade Crossings Standards. Change to road approach If the number or width of traffic lanes of a road approach is increased, or if a shoulder is added or a shoulder’s width is increased, the grade crossing must meet the standards set out in articles 5.1 and 6.4 of the Grade Crossings Standards. Interconnected traffic signals If a traffic signal is installed at a grade crossing that corresponds to the specifications set out in article 19.1 of the Grade Crossings Standards, the warning system must be interconnected with the traffic signal, and the interconnection must meet the standards set out in articles 19.2 to 19.4 of those Standards. Change in design vehicle If the design vehicle changes, the period of time that the warning system must operate before railway equipment reaches the crossing surface must meet the standards set out in article 16.1 of Grade Crossings Standards. Locked housing A railway company must ensure that the instrument housing for a warning system is locked when it is unattended. Design plan — railway company The design plan for a warning system at a grade crossing must be kept at the location of the grade crossing and must clearly indicate the following information: the configuration of the components of the warning system; the layout of the circuitry and signal equipment; the parameters for the operation of the components of the warning system; the type of light, including the lens deflection angles, if applicable, and the alignment coordinates of the light units; and the details of any interconnection with a traffic control device. Maintenance of warning system The warning system must conform to the design plan and must be maintained in accordance with article 17.1 of the Grade Crossings Standards. Design plan — modification or installation When a component of the warning system is modified or installed, a design plan reflecting the modification or installation must be prepared and must be kept at the location of the grade crossing until it is replaced by a revised design plan. Initial installation Immediately after the initial installation of a warning system, but before it is placed in service, all of the components of the warning system must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards. Modification or installation of a component Immediately after the modification or installation of a component of the warning system, but before the warning system is placed in service, the component and all other components that are directly affected by that modification or installation must be inspected and tested in accordance with article 17.1 of the Grade Crossings Standards. Environmental conditions In the event of severe weather or other environmental conditions that may affect the operation of the warning system or its components, the warning system or the components must be inspected within a reasonable period of time to ensure that they are working properly. Periodic inspection and testing The inspection and testing of the elements set out in column 2 of Table 17-2 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3, 4 or 5 of Table 17-2. Interconnection with a warning system Before a traffic control device that is interconnected with a warning system is placed in service, a road authority must inspect and test the traffic control device to ensure that the standards set out in articles 18 and 19 of the Grade Crossings Standards are met. Frequency The inspection and testing of the elements set out in column 2 of Table 20-1 of the Grade Crossings Standards must be conducted at the frequency — as defined in Table 17-1 of those Standards — set out in column 3 of Table 20-1. When the road authority inspects, tests or maintains the traffic control device, the road authority must have, at the site, information respecting the parameters for the operation of the device. Unnecessary activation of warning system It is prohibited for railway equipment to be left standing in a manner that causes the activation of the warning system at a public grade crossing other than for the purpose of crossing that grade crossing. Obstruction of public grade crossing It is prohibited for railway equipment to be left standing on a crossing surface, or for switching operations to be conducted, in a manner that obstructs a public grade crossing — including by the activation of the gate of a warning system — for more than five minutes when vehicular or pedestrian traffic is waiting to cross it. Collaboration If railway equipment is operated in a manner that regularly causes the obstruction of a public grade crossing, including by the activation of a warning system, and the municipality where the grade crossing is located declares in a resolution that obstruction of the grade crossing creates a safety concern, the railway company and the road authority must collaborate to resolve the safety concern. Notice The road authority must notify the Minister and the railway company in writing that the resolution has been passed and must provide them with the information used in support of the resolution, including a detailed description of the safety concern; the details of specific occurrences involving the obstruction of the grade crossing, including the date and time of the obstruction; and the details of the traffic congestion that resulted from each specific occurrence referred to in paragraph (b). Timeline and mediation The railway company and the road authority must attempt to resolve the safety concern — including through the use of mediation — within 90 days after the day on which the road authority notifies the railway company under subsection (2). Notice to Minister The road authority must notify the Minister if the railway company and the road authority are not able to resolve the safety concern within the 90-day period. Passage of emergency vehicles Despite sections 97 and 98, if an emergency vehicle requires passage across a grade crossing, a company must take all necessary measures to immediately clear the grade crossing. Measures A road authority must take measures to ensure that motor vehicles do not stop on the crossing surface of a public grade crossing, if there is evidence that queued traffic regularly stops on that crossing surface. Interconnection If the measures include interconnection with a warning system, the interconnection must meet the standards set out in articles 19.2 to 19.4 of the Grade Crossings Standards. A person may construct a road intersection or an access road on a road approach to a public grade crossing if the railway design speed is 25 km/h or less; or the location of the grade crossing meets the standards set out in article 11 of the Grade Crossings Standards. Paragraph (1)(b) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles. Threat or interference When a railway company or a road authority undertakes, at a public grade crossing, an activity that could constitute a threat to, or that interferes with, the safety of railway operations, the railway company and the road authority must put in place the necessary protection measures to address the threat or the interference. Details of activity Within a reasonable period of time before the activity begins, whichever of the two — the railway company or the road authority — undertakes the activity must provide the other with sufficient details about the activity to determine the necessary protection measures to be put in place. Malfunction, failure or condition When a railway company or a road authority is advised or becomes aware that a warning system, or a traffic control device that is interconnected with a warning system, has malfunctioned or failed, or that a condition exists that may cause a malfunction or failure, the railway company or the road authority, as the case may be, must notify the other of the malfunction, failure or condition, even if the existence of the malfunction, failure or condition is not confirmed; immediately put in place the necessary protection measures to address any threat to, or interference with, the safety of railway operations; immediately after putting in place the protection measures, notify the other of those measures; and within a reasonable period of time, take the necessary measures to restore the use of the grade crossing or remedy the malfunction, failure or condition. Prescribed requirements For the purposes of section 23.1 of the Railway Safety Act, the following requirements are prescribed: the area must be located within a railway right-of-way, on each side of a public grade crossing, and within 0.4 km from the outer edge of the crossing surface, as shown in Figure D-1 of the Grade Crossings Standards, and within the road approach; the area must have a public grade crossing that has the applicable protection referred to in sections 105 to 107; the area must not have repeated incidents of unauthorized access to the line of railway; and the area must not require whistling for a grade crossing located outside the area. Public grade crossing — motor vehicles A public grade crossing set out in column A of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system set out in Table D-1 of the those Standards that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards. Gate If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.2 of those Standards. Public grade crossing — sidewalk, path or trail A public grade crossing set out in column B of Table D-1 of the Grade Crossings Standards and located in an area referred to in section 104 must be equipped with the warning system that corresponds to the number of tracks and the railway design speed set out in that Table, and the warning system must meet the applicable standards set out in articles 12 to 16 of those Standards. If a gate is not indicated as being required in Table D-1 of the Grade Crossings Standards, it is nonetheless required if the grade crossing corresponds to the applicable specifications set out in article 9.6 of those Standards. Guide fencing If a warning system without a gate is indicated as being required in Table D-1 of the Grade Crossings Standards, guide fencing must be installed to deter persons from crossing the line of railway other than at the grade crossing. Guide fencing and barriers If a warning system is not indicated as being required in column 5 of Table D-1 of the Grade Crossings Standards, guide fencing must be installed, as well as a barrier that is intended to slow a person’s approach to the grade crossing and to encourage a person to look both ways before crossing the grade crossing. Stop and proceed Despite sections 105 and 106, if railway equipment must stop before proceeding across a public grade crossing that is located in an area referred to in section 104 and that is used by motor vehicles, a warning system with flashing lights and bells must be installed at the grade crossing and must meet the applicable standards set out in articles 12 to 16 of the Grade Crossings Standards; or the railway company must manually protect the grade crossing. A railway company must keep the most recent information provided to a road authority under sections 4 to 11 and the most recent information received from a road authority under sections 12 to 18. Content On the day on which a railway company inspects, tests or maintains a warning system, it must record the following information: the identity of the person who conducts the inspection, testing or maintenance; the date of the inspection, testing or maintenance; the precise location of the warning system; the reason for the inspection, testing or maintenance; a description of the inspection, testing or maintenance that is conducted; an indication of any malfunction or failure of a component of the warning system; and an indication of any deviation from the Grade Crossings Standards and the action taken to remedy it. Integrity of record The record must not be changed once it has been created. Duration The record must be kept for two years after the day on which it is created. However, if the Grade Crossings Standards specify an interval of two or more years between each inspection, each test or each maintenance activity, the record of the two latest inspections, tests or maintenance activities must be kept. A railway company must keep a record of any warning system malfunction or failure, or any condition that exists that may cause a malfunction or failure, of which it has been advised or has become aware under section 103 — even if the existence of the malfunction, failure or condition is not confirmed — and the record must contain the following information: the nature of the malfunction, failure or condition; the date and time that the railway company was advised or became aware of the malfunction, failure or condition; all of the measures taken by the railway company to address any threat to, or interference with, the safety of railway operations; the date and time that a representative of the railway company arrived at the grade crossing to take the measures referred to in paragraph (d), and remedy the malfunction, failure or condition; all the measures taken by the railway company to restore the grade crossing to use or to remedy the malfunction, failure or condition, or the reason why no remedial action was taken, if applicable; and the date and time that the grade crossing was restored to use or the malfunction, failure or condition was remedied. The record must be kept for two years after the day on which the railway company was advised or became aware of the malfunction, failure or condition. [Repeal] Day of registration These Regulations come into force on the day on which they are registered.