Approval to construct a railway line
Who does this apply to?
If a federal railway company intends to construct a railway line, it must file an application with the Agency under
section 98 of the
Canada Transportation Act for approval. This includes main lines, branch lines, yard tracks, sidings, spurs or other track auxiliary to a railway line.
No approval is needed to construct a railway line:
- within the right-of-way of an existing railway line, or
- within 100 metres of the centre line of an existing railway line for a distance of no more than three kilometres.
How does the process work?
The Agency may grant the approval if it considers that the location of the line is reasonable, taking into consideration:
- the requirements for railway operations and services; and
- the interests of localities that will be affected by the line.
The railway company is responsible for demonstrating to the Agency that the requirements of section 98 of the
Canada Transportation Act are met.
Interests of localities
The
Canadian Environmental Assessment Act, 2012 (CEAA 2012) came into force on July 6, 2012, replacing the
Canadian Environmental Assessment Act and removing the requirement for an environmental assessment for certain railway line construction projects.
Following the legislative changes, railway companies were consulted regarding the Agency's proposed approach to applications under section 98 of the CTA, resulting in an understanding that railway companies remain responsible for demonstrating to the Agency that the requirements of that provision are met, whether an environmental assessment is required or not.
The Agency adopted the following approach, indicating that railway companies will:
- undertake consultations with the localities with a view to developing collaborative measures to address the relevant issues raised;
- consult with municipalities, adjacent landowners and Aboriginal groups, when and as applicable;
- provide information to allow an adequate understanding of the project and to ensure that consultations are meaningful;
- provide the Agency with a detailed account of these consultations and any agreements put in place to address objections that may have been raised; and
- identify issues where no agreement was reached and that must be dealt with by the Agency.
Construction projects subject to the Canadian Environmental Assessment Act, 2012
The Canadian Environmental Assessment Agency may initiate an environmental assessment pursuant to CEAA 2012.
The Agency can only then proceed with approval under Section 98:
- once an environmental assessment has been conducted; and
- if it has been determined that the project will not cause significant adverse environmental effects.
For more information, see the
Overview of the Canadian Environmental Assessment 2012.
The
Regulations Designating Physical Activities set out which projects are subject to an environmental assessment under CEAA 2012, including:
- railway projects in a wildlife area or migratory bird sanctuary;
- railway lines longer than 32 km;
- railway yards with seven or more yard tracks or a total of 20 km or more;
- railway lines designed for trains that have an average speed of 200 km/h;
- international or interprovincial bridges or tunnels.[...]