Rail and surface initiatives planned for April 2019 - April 2021

This plan provides information on planned and potential regulatory initiatives that Transport Canada expects to bring forward over the next two years, as published in the Canada Gazette (CG). It also identifies public consultation opportunities and a departmental contact point for each regulatory initiative.

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CG I- Freight rail data – Amendments to the Transportation Information Regulations New!

Enabling act

Canada Transportation Act

Description

The Transportation Modernization Act, (TMA) which received Royal Assent on May 23, 2018, introduced new regulatory authorities to collect both waybill (rate) data and service and performance information from railways identified as class 1 rail carriers. In addition to introducing new regulatory authorities, the TMA included transitional reporting requirements to ensure that data would be reported as soon as possible without needing to wait for regulations to be developed. As a result, class 1 rail carriers are already submitting both waybill data, and weekly service and performance information.

Transport Canada is launching a regulatory process to move these reporting requirements into the Transportation Information Regulations.The regulatory process will provide an opportunity to:

  • Amend the Transportation Information Regulations to require the submission of data currently collected directly under the Transportation Modernization Act;
  • Refine or expand the service and performance reporting requirements;
  • Ensure the rate data being reported is adequate and appropriate for its purposes; and

Consider expanding reporting requirements to support Transport Canada's internal analysis of railway performance.

Potential impacts on Canadians, including businesses

Increased transparency, including enhanced public reporting on railway service and performance, has the potential to benefit industries and businesses that rely on rail service, including shippers.

Data is already being submitted by railways under the transitional provisions of the Transportation Modernization Act. The regulatory development process will consider the implications for railways of any changes to these reporting requirements.

The extent of the benefits and impacts of the regulatory proposal will depend on the final reporting requirements, which are still being developed. Stakeholders, including railways and shippers, will have an opportunity to provide feedback on potential impacts of changes to the reporting requirements during upcoming consultations.

Regulatory cooperation efforts (domestic and international)

As all 6 class 1 rail carriers identified in the Canada Transportation Act have operations in both Canada and the United States (U.S.), Transport Canada will engage with its partners in the U.S. during the regulatory development process to understand potential implications of the regulations.

Consultations

Transport Canada will be holding consultations in the winter and spring of 2019 to solicit feedback from stakeholders and inform the development of a regulatory proposal. Transport Canada has prepared a detailed discussion paper that will be released in support of consultations, which will include an online element on Transport Canada's “Let's Talk Transportation” website.

Further information

Weekly Service and Performance information is currently being published on the Canadian Centre on Transportation Data's Transportation Data and Information Hub.

Departmental contact information

Indrani Hulan
Director, Rail Policy Analysis and Legislative Initiatives
Transport Canada
Telephone: 613-998-1918
Email: indrani.hulan@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

CG II - Locomotive Voice and Video Recorder Regulations

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

The proposed regulations would require the mandatory installation of locomotive voice and video recorders (LVVRs) in locomotive cabs, and would limit LVVR data access by both Transport Canada and railway companies in order to balance privacy and safety interests.

The objective of this proposed regulation is to enhance the safety of locomotive crews and that of the public by, allowing for objective data regarding crew actions required for accident investigation, particularly in cases with crew fatalities, allowing companies, as part of their safety management systems, to mitigate risks before accidents occur, and enabling Transport Canada to gather data on trends and specific practices that can support evidence-based policy development.

Potential impacts on Canadians, including businesses

Impacted stakeholders include railway companies, associations, and unions. They have been aware of the issue of on-board recordings since 2003, when the Transportation Safety Board first recommended the use of on-board voice recording devices in locomotive cabs.

There may be business impacts. The "One-for-One" and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Transport Canada has consulted the United States (U.S) Federal Railroad Administration (FRA) and railway companies regarding the impacts of these proposed regulations on railway companies that operate in both countries.

Consultations

There has been on-going consultations with representatives from industry, associations, unions, and government:

  • In 2012, the Advisory Council on Railway Safety's Locomotive Voice Recorder Working Group was established to explore the concerns expressed by the Transportation Safety Board with respect to the absence of communication recording devices in the locomotive cab involved in the 2012 Burlington VIA Rail derailment.
  • In May 2015, Transport Canada and the Transportation Safety Board launched a joint study on locomotive voice and video recorders.
  • From October 2017 until November 2017, a series of pre-consultation meetings were held to discuss the policy proposal for a possible locomotive voice and video recorders regulatory regime.
  • On December 7, 2017, a survey was sent to railway companies, local railway companies, and the Railway Association of Canada to gather information from companies to inform the policy development and potential cost-benefit analysis for a possible locomotive voice and video recorders regulatory regime.
  • Following Royal Assent of the Bill C-49 amendments to the Railway Safety Act on May 23, 2018, formal regulatory consultations were launched.
  • On January 15, 2019, a consultation questionnaire to inform about the cost-benefit analysis for the proposed regulations was sent to railway companies, local railway companies, and the Railway Association of Canada.
  • On January 16, 2019, a consultation questionnaire was sent to manufacturers and other potential suppliers of locomotive voice and video recording equipment to further inform the cost-benefit analysis for the proposed regulations.

The proposed regulations were pre-published in the Canada Gazette, Part I, on May 25, 2019 with a 60-day comment period.

The target date for publication in Canada Gazette, Part II, is mid-2020

Departmental contact information

Jacqueline Booth
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-990-8690
Email: Jacqueline.Booth@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2018

CG I - Amendments to the Railway Safety Administrative Monetary Penalties Regulations New!

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

Proposed amendments would modify Schedule 1 of the Railway Safety Administrative Monetary Penalties Regulations by adding a new Part that sets out designated provisions for the proposed Locomotive Voice and Video Recorder Regulations.

The objective of the proposed amendments is to provide the Minister of Transport with an additional tool to help enforce the proposed Locomotive Voice and Video Recorder Regulations that are key to strengthening the rail safety regime in Canada. This initiative would further align enforcement of the Railway Safety Act and its subordinate instruments with the enforcement regimes currently exercised by the Minister under other regimes such as the Aeronautics Act, the Canada Shipping Act, 2001, and the Canada Transportation Act. Finally, the contravention of designation provisions for the new proposed Locomotive Voice and Video Recorder Regulations would subject the regulatory stakeholder to Administrative Monetary Penalties.

Potential impacts on Canadians, including businesses

The proposed amendments to the Railway Safety Administrative Monetary Penalties Regulations would apply to all railway companies and local railway companies that are subject to the proposed Locomotive Voice and Video Recorder Regulations that fall under the federal Railway Safety Act.

The proposed amendments are administrative in nature and will have no impact on industry or small businesses. In addition, the proposed amendments do not contain any administrative burden. The "One-for-One" and the Small Business Lens do not apply.

Regulatory cooperation efforts (domestic and international)

The proposed amendments are administrative in nature and will have no impact on regulatory cooperation efforts.

Consultations

Rail Safety Program did not conduct formal consultations for the Amendments to the Rail Safety Administrative Monetary Penalties Regulations. Rail Safety conducted extensive consultation on the proposed Locomotive Voice and Video Recorder Regulations. Stakeholders were informed and are aware that on the proposed Locomotive Voice and Video Recorder Regulations will have administrative monetary penalties.

It is anticipated that there will be a 30-day comment period following pre-publication in Canada Gazette, Part I, in mid-2019. Rail Safety will continue to engage with stakeholders post-consultation period following pre-publication in Canada Gazette, Part I, as necessary.

Departmental contact information

Jacqueline Booth
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-990-8690
Email: Jacqueline.Booth@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2019

CG I - Railway Employee Qualification and Training Standards Regulations

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

Transport Canada is proposing to provide a more comprehensive and robust training and qualification regime by updating the Railway Employee Qualification Standards Regulations, which have not been updated since 1987. The proposed regulation would be performance-based. Railway companies would have the flexibility to determine how the training and qualification should be conducted, but will contain minimum requirements in areas such as initial training, refresher training, and additional training to account for technological changes and changes in duties. This approach would:

  • Fill gaps and address identified issues to bring the regulation up to date to account for new technologies;
  • Harmonize a portion of the regulation with requirements in the United States (U.S); and
  • Prescribe minimum standards to complement management-based requirements in the Railway Safety Management System Regulations 2015.

Potential impacts on Canadians, including businesses

There may be business impacts. The "One-for-One" and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Some of the proposed policy elements harmonize with the Federal Railroad Administration's training and qualification regime in the U.S.

Consultations

Transport Canada will seek input on proposed regulations through preliminary consultations with key stakeholders which will be held in fall 2019.

It is anticipated that there will be a 30-day comment period following pre-publication in Canada Gazette, Part I, in late 2020. Rail Safety will continue to engage with stakeholders post-consultation period following pre-publication in Canada Gazette, Part I, as necessary.

Further information

The objective is to ensure Canada's federally-regulated railway companies have training programs that sufficiently prepare their employees to work independently and safely.

Jacqueline Booth
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-990-8690
Email: Jacqueline.Booth@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2018

CG II - Passenger Rail Transportation Security Regulations

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

Transport Canada (TC) is proposing the introduction of performance-based security regulations for passenger rail transportation in Canada. The proposed regulations were developed based on the key requirements outlined in the Transport Canada and the Railway Association of Canada Memorandum of Understanding (TC-RAC MOU) on Railway Security, and would require passenger railway companies to proactively engage in security planning processes and manage security risks by introducing regulatory requirements in the following areas: rail security coordinator; reporting security incidents; security awareness training; security inspections; security risk assessment; security plan; security plan training; and exercises.

The objective is to introduce a regulatory framework to enhance the security of passenger rail transportation in Canada.

Potential impacts on Canadians, including businesses

The proposed regulations would require that passenger railway and host companies engage in security planning processes and risk management activities that would increase the likelihood that potential security incidents would be detected and prevented, and the consequences of an incident would be mitigated.

The regulatory proposal is expected to have a positive impact on public security. It is expected to promote a proactive regulated community that would be better able to detect, prevent, mitigate, respond to and recover from terrorist incidents. The proposed regulations are intended to improve industry's resilience, minimizing the consequences should an incident occur (minimizing loss of life, property damage, environmental damage and reduced international trade flows).

Regulatory cooperation efforts (domestic and international)

The proposed regulations are consistent with the objective of the Canada–United States (U.S.) Regulatory Cooperation Council, however this initiative is not part of the binational agreement. TC has been engaging U.S. Transport Security Administration (TSA) in its regulatory development.

Consultations

The proposed regulations were developed using feedback and input from consultations with industry stakeholders, other governments and other relevant groups within the Department in the past years.

The proposed regulations were pre-published in the Canada Gazette, Part I, on April 13, 2019, followed by a 30-day public comment period. This comment period provided an opportunity for industry stakeholders and the general public to submit their comments/suggestions. Transport Canada has received constructive feedback from the industry and has taken this feedback into consideration in the further development of the Regulations.

The target date for publication in Canada Gazette, Part II, is early 2020

Departmental contact information

Shelley Wang
Chief, Policy
Surface and Intermodal Security Policy, Intermodal Surface, Security and Emergency Preparedness
Transport Canada
Telephone: 613-697-4217
Email: shelley.wang@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2017

Related information

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