Some of my neighbours have free private railway crossings. Can I get one?
A private railway crossing may be obtained in one of three ways. First, pursuant to section 102 of the Canada Transportation Act, a landowner has the right to a suitable crossing, constructed and maintained at railway expense, if the land that he now owns was at one time divided by the construction of a railway line. If the parties disagree, the Agency can determine whether such a right exists and what constitutes a suitable crossing. Secondly, a landowner and a railway may enter into a private agreement which contains the terms and conditions that are agreeable to both parties. Such agreements are outside Agency jurisdiction. Finally, if a right to a crossing at railway expense does not exist and the landowner and railway cannot agree on a private agreement, then the Agency may order the railway to construct a suitable crossing, with the landowner responsible for the costs.
