Disputes about road, utility and private crossings

Types of disputes we can help with

The Agency can help resolve disputes between railway companies and:

• road authorities when they want to construct or reconstruct a road crossing;
• landowners who need to cross the track of a railway company to access their property;
• utility companies who want to install or modify a utility crossing; and
• road authorities, municipalities, landowners or utility companies that have disputes related to railway crossings.

Road and utility crossings

If the parties are unable to reach an agreement respecting a road or utility crossing, the party proposing to construct or reconstruct the crossing may apply to the Agency. The Agency may authorize the construction of a suitable road or utility crossing or related work, and may rule on any disputed issue within its jurisdiction. Learn more about agreements for road crossings.

Private crossings

The Agency can determine whether a landowner has the right to a suitable crossing of a railway. Where no statutory right exists, the Agency may nevertheless authorize by order any crossing 
it determines to be necessary, and set terms and conditions for that crossing. For more information, refer to sections 102 and 103 of the Canada Transportation Act.

Railway works cost apportionment

In the event of a dispute, any of the involved parties may ask the Agency to apportion the costs of the project. Learn more about railway works cost apportionment.

Dispute resolution services

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

• Facilitation
• Mediation

Or you could use a more formal process:

• Arbitration
• Adjudication

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.