Railway / Municipality Proximity Issue Details
Definitions, FAQs, Applicable Legislation, and References to Further Information
Category 1 Safety and Security
Subject Area 1.2 Trespassing
Issue 1.2.c Safety Measures
Safety measures for trespass control include clear signage and targeted security fencing to control
public access, especially near adjacent parks, trails, schools and other public facilities. Equally
important is enforcement by both railway police forces and public law enforcement agencies along with
possible arrest and fines. Public education programs such as Operation Lifesaver and Transport
Canada outreach programs which aim at reducing trespassing and crossing occurrences, injuries and
fatalities are another effective means for advancing trespasser safety.
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Frequently Asked Questions
Who is responsible for safety measures for trespass control?
The railways, governments and communities, land owners, law enforcement and the general public all
work together and have responsibilities in preventing death and injuries due to trespassing on railway
property. The railway and road authority are equally responsible for identifying and progressing safety
concerns and for actively participating in site meetings at which trespass control is discussed. Rail
operating employees in their day-to-day activities, play a key role by reporting any areas where
trespassing is a concern. The railways have in place sophisticated safety management systems and
daily safety inspection programs to ensure access control. Through safety assessments, the rail
industry and municipalities work together to identify high trespass locations and institute whatever
changes are deemed necessary. The Railway Safety Act (RSA) restricts and forbids all unauthorized
access to railway lands.
Railway police are empowered to enforce access control rules. Railway industry, enforcement agencies,
community groups and government partnership programs such as Operation Lifesaver and Transport
Canada outreach programs help to increase safety through efforts aimed at reducing the prevalence of
trespass and crossing incidents and fatalities. Together with governments, the railways research access
control methods to identify emerging technologies and best practices. When undertaking development,
municipalities are urged to ensure that no new locations of trespass result from changes in land use.
How are these measures enforced?
Since it is illegal to trespass on railway right-of-way, or on any other works that facilitate railway
operations, any person found guilty of trespassing on railway property can face a fine of up to $10,000,
imprisonment for a term not exceeding one year, or both. The rules apply not only to pedestrians but
also to bicyclists, all-terrain vehicle operators, trail bikers and cross-country skiers. The larger railways
have there own police forces who, often working in cooperation with public forces, are empowered to
enforce all safety measures for trespass control. Railway police have the same powers as regular law
enforcement agencies. Transport Canada enforces its regulations on trespassing by ensuring
compliance monitoring such as surveillance, site inspections and audits and effective intervention by
Railway Safety Inspectors, as necessary.
How do Operation Lifesaver and other outreach programs help ensure trespass control?
Operation Lifesaver and other outreach programs are joint efforts by the rail industry, enforcement
agencies, community and government to educate and inform the general public about safety at
highway-railway crossings and the hazards of trespassing on railroad rights-of-way, and thereby help
reduce the prevalence of crossing incidents and fatalities. Operation Lifesaver focuses on education
through the distribution of educational material and presentations to various groups; supports
enforcement initiatives by working together with law enforcement agencies and promotes engineering
principles through research aimed at ensuring a high level of safety. Since their inception, Operation
Lifesaver and other outreach programs have been very successful at helping to reduce deaths and
injuries at highway-railway crossings and on railway right-of-way. Annual totals for both crossing
collisions and trespassing incidents in Canada have declined significantly over the decade. Successful
solutions to trespassing control have been shown to be those that involve combinations of public
awareness, enforcement, and engineering.
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Applicable Legislation
(What regulates safety measures for trespass control?)
Safety measures for trespass are controlled through the Railway Safety Act (RSA) Section 24, 26.1,
26.2, 41 and the proposed Access Control Regulations that are in development. The authority to make
regulations restricting or preventing, by means of fences, signs or any other means, access to railway
lands, is provided under Section 24. This authority is not limited to the presence of persons, vehicles or
animals that would constitute a threat to safe railway operations, but also extends under paragraph 24.
(1)(g) to the control or prohibition of any other activity, on land adjoining railway lands, where that
activity could constitute a threat to safe railway operations. Section 26.1 states that "No person shall,
without lawful excuse, enter on land on which a line work is situated." Section 26.2 mandates that users
of a road are required to give way to railway equipment at a road crossing when adequate warning of its
approach is given. Section 31 empowers Railway Safety Inspectors to take action where a safety threat
is identified. Section 47.1(1) makes provision for the development of formalized railway safety
management systems. Railway police forces are empowered to enforce safety measures under the
Canada Transportation Act Section 158 and through agreements with the provinces under the
Contraventions Act Sections 65.1 and 65.2. Enforcement is also facilitated under Section 41 of the RSA.
Under the Canadian Transportation Accident Investigation and Safety Board Act (Sections 14, 24(1)
and 31(1)) and Regulations, the Board is mandated to keep and make public all statistics on accident
occurrences as well as investigate selected occurrences.
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Reference to Further Information
(How do I find out more about…?)
Railway Safety Act (RSA)
http://laws-lois.justice.gc.ca/eng/acts/R-4.2/page-1.html
Transport Canada. Draft Access Control Regulations
http://www.tc.gc.ca/eng/railsafety/regulations-502.htm
Transport Canada’s Railway Right of Way Access Control Policy
http://www.tc.gc.ca/eng/railsafety/policy-264.htm
Trespassing on Railway Property: A Community Problem-Solving Guide
http://www.operationlifesaver.ca/wp-content/uploads/2010/04/OL_Trespassing_Guide_EN.pdf
Railway Safety Management System Regulations (Appendix A) pursuant to Section 37 and Subsection
47.1(1) of the Railway Safety Act
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2001-37/
Transport Canada Guide for Developing, Implementing and Enhancing Railway Safety Management
Systems
http://www.tc.gc.ca/eng/railsafety/guide-sms.htm
Railway Safety Inspectors
http://www.tc.gc.ca/eng/railsafety/publications-437.htm
Transportation Safety Board
http://www.tsb.gc.ca
Canadian Transportation Accident Investigation and Safety Board Act
http://laws-lois.justice.gc.ca/eng/acts/C-23.4/index.html
Transportation Safety Board Regulations
http://laws-lois.justice.gc.ca/eng/regulations/SOR-92-446/index.html
Canada Transportation Act
http://laws-lois.justice.gc.ca/eng/acts/C-10.4/index.html
Contraventions Act, 1992 c. 47
http://laws-lois.justice.gc.ca/eng/acts/C-38.7/index.html
Operation Lifesaver
http://www.operationlifesaver.ca
Canadian Pacific Railway Police Service 24-Hour Communications Centre 1-800-716-9132
http://www.cpr.ca
Canadian National Police Service 24-Hour Communications Centre 1-800-465-9239; Crossing Safety
no. 1-888-888-5909
http://www.cn.ca