113. Unless leave has been obtained from the proper municipal or local authority therefor, the railway shall not be carried along an existing highway, but may merely cross the same in the line of the railway.
Whenever the work of building a railway makes it necessary to temporarily obstruct a highway, a new road must be laid out around the obstruction, so as to leave at all times a good passage for vehicles, and, when the work at that place is finished, the highway must be replaced in the same condition as before, under penalty of a fine of not less than $40 for any contravention.
But in no case shall the rail itself, provided it does not rise above or sink below the surface of the road more than 25 millimetres, be deemed an obstruction.
R. S. 1964, c. 290, s. 130; 1977, c. 60, s. 45.