Railway Safety Act — R-4.2 16
Reference to Agency 16 (1) The proponent of a railway work, and each beneficiary of the work, may refer the apportionment of liability for the construction, alteration, operational or maintenance costs of the work to the Agency for a determination if they cannot agree on the apportionment and if no recourse is available under Part III of the Canada Transportation Act or the Railway Relocation and Crossing Act . The referral may be made either before or after construction or alteration of the work begins. Manner of reference (2) A reference to the Agency under subsection (1) shall be made by notice in a form prescribed by the regulations made under subsection (5), and that notice shall be accompanied by such information relating to the proposed railway work as is prescribed by those regulations. Further information (3) The Agency may, in its discretion, by notice sent to the person referring a matter or to any person who might have referred a matter, require that person to give the Agency, within such period as it specifies in the notice, such further information relating to actual or anticipated construction, alteration, operational and maintenance costs in respect of the railway work, or benefits arising from the completion of the work, as the Agency specifies in the notice. Agency to apportion expenditure (4) Where a matter is referred to the Agency under subsection (1), the Agency shall, having regard to any grant made under section 12 or 13 in respect of that matter, the relative benefits that each person who has, or who might have, referred the matter stands to gain from the work, and to any other factor that it considers relevant, determine the proportion of the liability for construction, alteration, operational and maintenance costs to be borne by each person, and that liability shall be apportioned accordingly. Limitation (4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage. Regulations (5) The Agency may, with the approval of the Governor in Council, make regulations (a) prescribing the form of the notice for a reference under this section; and (b) prescribing the information to accompany that notice. Regulations – exemption (5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1). Clarification (5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work. Extended meaning of railway work (6) In this section, railway work includes the relocation of any portion of a public road. Interpretation (7) Notwithstanding this section, this Act is not deemed to be administered in whole or in part by the Agency for the purpose of section 37 of the Canada Transportation Act . R.S., 1985, c. 32 (4th Supp.), s. 16; 1996, c. 10, s. 264; 1999, c. 9, s. 10; 2012, c. 19, s. 484