Risk-based Grade Crossing Amendments

Summary#

The Government of Canada (proposal published on June 19, 2021) would change the Grade Crossings Regulations so safety upgrade rules apply by risk rather than to every crossing at the same time. The plan would exempt about 3,420 low‑risk crossings and push back deadlines to November 28, 2022 for the highest‑risk crossings and to November 28, 2024 for most others.

What it does#

• Uses a three‑tier, risk‑based approach set out by Transport Canada:
  • Defines “high‑priority” public crossings (those with at least 10 average daily train movements and a design speed of 97 km/h (60 mph) or more).
  • Identifies low‑risk public and private crossings using clear thresholds (examples: train speeds of 17 km/h (10 mph) or less; storage distance of 30 metres or more; “cross‑product” limits of 2,000 or 100 in different tests).
• Removes low‑risk crossings from the parts of the rules that require upgrades (sections 19–96 of the current regulations). That would permanently exclude about 398 public crossings and 3,022 private crossings, if they keep meeting the low‑risk tests.
• Delays the upgrade deadlines:
  • High‑priority public crossings: deadline moved one year to November 28, 2022.
  • All other crossings that remain in scope: deadline moved three years to November 28, 2024.
• Keeps other obligations in place (for example, sharing information, rules about blocked crossings, audible warnings, and record keeping).
• This is a proposal (Part I notice). The government invited comments for 30 days after the Canada Gazette publication.

Who's affected#

• Railway companies — especially the big freight carriers Canadian National (CN) and Canadian Pacific (CP), which together own most federally regulated crossings. The proposal covers more than 23,300 federally regulated grade crossings.
• Public road authorities — provinces, about 1,450 municipalities, territories and band councils that manage roughly 13,000 public crossings.
• Private owners (many farmers and rural landowners) — there are an estimated 4,000 to 10,000 private crossings; about 30% of private crossings would be permanently exempted under the proposal.
• Road users and the general public — because the timing and scope of safety upgrades affect collision risk.
• Small businesses — Transport Canada notes at least one small railway owner would see modest cost savings (about $16,792 in present value over 10 years).

Why it matters#

• It balances two pressures: many owners said they could not meet the original November 28, 2021 deadline (COVID‑19 and other delays), but removing or delaying upgrades reduces some expected safety benefits.
• Transport Canada’s cost estimate: the package of exemptions and deadline extensions would produce about $109.12 million in avoided or delayed spending for stakeholders over 2021–2030, but would reduce safety benefits worth about $240.24 million, for a net estimated cost of $131.13 million over that period.
• The department estimates the changes would lead to about 692 additional collisions from 2021–2030, resulting in roughly 26 additional fatalities and 36 additional serious injuries over ten years.
• Supporters say the approach prioritizes limited resources so upgrades happen first where they reduce the most risk. Critics or people living near crossings that would be delayed or exempted may worry about higher local risk or slower improvements.
• The proposal is open for comment (30 days). If adopted, Transport Canada said it would monitor progress and focus enforcement on crossings that miss the new deadlines.