Criteria — right of way for track in place

1   (1) Land must be considered to be right of way for the track in place of a railway corporation if the following criteria are met:

(a) the railway corporation is the "owner", as defined in section 1 of the Assessment Act, of the land;

(b) the land is not occupied by a person that is not a railway corporation; and

(c) the land is

(i) a continuous strip of up to 100 feet in width used for the operation of track in place of a railway corporation,

(ii) located outside the land described by subparagraph (i) and is used exclusively as an interchange or single siding, wye or spur for the operation of track in place of a railway corporation, or

(iii) required to control slope stability, remove snow, secure cuts and fills, protect a line of sight or prevent flooding to allow for the safe operation of track in place of a railway corporation.

(2) Despite subsection (1), if land is used as a station ground, a terminal, a freight yard, a stockyard, a marshalling yard, an intermodal terminal, or for another railway use of land, then

(a) the portion of that land that is located outside the continuous strip described in subsection (1) (c) (i) must not be considered to be right of way for track in place of a railway corporation, and

(b) no more than one continuous strip described in subsection (1) (c) (i) may be considered in respect of that land for the purposes of paragraph (a).