Complaints about work done by railway companies for safety reasons

Types of disputes we can help with

According to section 24 of the RSA, the Governor in Council can make regulations restricting specific activities on land adjoining the land on which the railway is situated, where those activities may threaten safe railway operations. These regulations may include the control or prohibition of such activities, for example the:

  • construction, alteration or maintenance of buildings or structures;
  • construction, alteration or operation of a mine;
  • construction, alteration or maintenance of drainage systems;
  • storage of specified materials;
  • clearing of sight lines or the removal of weeds; and
  • prevention of unauthorized access to railway lands.

Section 25 of the RSA allows railway companies to access land adjoining their railway under certain circumstances. These circumstances include:

  • where no other access to railway land is reasonably available to allow the railway company to carry out its railway works or remove obstructions;
  • when a railway company must deal with a fire on those lands;
  • when brush clearing is required for sight lines; or
  • when a snow fence must be erected or maintained.

Railway companies must compensate for losses to the landowner resulting from these activities. If the parties can’t agree, the Agency can determine the appropriate compensation.  

Dispute resolution services

You could use a quick and relatively informal process to resolve your dispute:

Or you could use a more formal process:

See the overview and FAQs for a comparison of the dispute resolution options. If you're not sure about which option to choose, you can contact us anytime to see how we can help.

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