You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years. The full versions of each plan are published in the Canada Gazette. It also lists public consultations that might interest you and departmental contact information for each planned initiative.
On this page
Initiative(s) planned for Canada Gazette, Part I
- Regulations amending the Transportation Information Regulations (Freight rail data)
- Regulations amending the Railway Employee Qualification and Training Standards Regulations
- Fatigue Risk Management System Regulations
- Regulations amending the Railway Safety Administrative Monetary Penalties Regulations (FRMS)
- Regulations amending the Railway Safety Administrative Monetary Penalties Regulations (Designate security provisions) New!
- Regulations amending the Grade Crossings Regulations New!
Initiative(s) planned for Canada Gazette, Part I
1. Regulations Amending the Transportation Information Regulations (Freight rail data)
Enabling act
Canada Transportation Act (S.C. 1996, c. 10)
Description
The Transportation Modernization Act, received Royal Assent on May 23, 2018. It introduced new regulatory authorities to collect both waybill (rate) data and service and performance information from railways identified as class 1 rail carriers.
The act also included transitional reporting requirements to make sure that class 1 rail carriers would report data as soon as possible without needing to wait for regulations to be developed. Because of this, class 1 rail carriers are already submitting both waybill data, and weekly service and performance information.
Transport Canada has launched a regulatory process to replace these transitional reporting requirements with new regulatory reporting requirements in the Transportation Information Regulations.Transport Canada has now developed a detailed proposal, which has been shared with a wide range of stakeholders. The proposal, which takes into account the size and scope of each class 1 rail carrier's Canadian operations, includes:
- an enhanced suite of weekly public service and performance indicators, to improve the utility of the information;
- minor adjustments to the waybill reporting requirement to ensure the data is adequate for its intended purposes;
- a new requirement for the class 1 rail carriers with the largest Canadian operations to report information on the composition of trains, to enhance Transport Canada's understanding of the network ; and
- new aggregated traffic reporting requirements for other class 1 rail carriers, to better reflect the smaller scope of their Canadian operations.
Potential impacts on Canadians, including businesses
Increased transparency, including expanded public reporting on railway service and performance to provide more visibility into the freight rail network, has the potential to benefit industries and businesses that rely on rail service. This includes shippers. Changes to current reporting requirements will also have implications for reporting railways.
Stakeholders, including railways and shippers, have been asked to provide feedback on potential impacts of the proposed changes to the reporting requirements. Their feedback will be considered as Transport Canada finalizes the regulatory proposal.
Regulatory cooperation efforts (domestic and international)
As all 6 class 1 rail carriers identified in the Canada Transportation Act have operations in the United States, Transport Canada continues to engage with our partners in the United States to understand potential implications of the regulations.
Consultations
Transport Canada first launched consultations in the spring of 2019 to solicit feedback from stakeholders and inform the development of a regulatory proposal. Technical meetings and discussions continued into the spring and summer of 2020, and were followed by consultations on a detailed regulatory proposal from December 11, 2020 to February 26, 2021.
Transport Canada will be considering input received during these consultations and aims to pre-publish the proposed amendments to the Transportation Information Regulations in the Canada Gazette, Part I, in late 2021 with a 30-day comment period.
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
Jonathan Fox
Policy Advisor, Rail Policy Analysis and Legislative Projects
Transport Canada
Telephone: 343-571-2164
Email: jonathan.fox@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2019
2. Regulations amending the 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 Transport Canada has not updated since 1987.
The proposed changes would be performance-based. Railway companies would have the flexibility to determine how the training and qualification should be conducted. It will have minimum requirements to account for technological changes and changes in duties. The requirements will be for areas including:
- initial training
- refresher training
- additional training
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
- set out minimum standards to complement management-based requirements in the Railway Safety Management System Regulations 2015
Impacts on Canadians, including businesses
Transport Canada expects on businesses. The "one-for-one" or the small business lens may apply.
Regulatory cooperation efforts
Some of the proposed policy elements harmonize with the Federal Railroad Administration's training and qualification regime in the United States.
Consultations
Transport Canada will seek input on proposed regulations through preliminary consultations with key stakeholders which will be held in 2021.
Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late-2021 with a 30-day comment period.
Transport Canada will continue to engage with stakeholder's post-consultation period following pre-publication in Canada Gazette, Part I, as necessary.
More information
The goal is to make sure Canada's federally regulated railway companies have training programs that sufficiently prepare their employees to work independently and safely.
Contact information
Sean Rogers
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-298-5597
Email: sean.rogers@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2018
3. Fatigue Risk Management System Regulations
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The proposed Fatigue Risk Management System (FRMS) Regulations will enhance the safety of personnel in positions critical to safe railway operations and that of the public by requiring railway companies to implement and follow an FRMS and, when seeking an exemption from the Work/Rest Rules for Railway Operating Employees, to apply fatigue risk management processes in order to demonstrate that the exemption will not jeopardize safe railway operations.
An FRMS provides a systematic approach to fatigue management through the proactive and predictive analysis of operational conditions, and continuous improvement practices to reduce fatigue related risks. Once implemented, a robust FRMS:
- Assists railway companies in developing appropriate layers of defense to prevent fatigue hazards from becoming fatigue risks, and to prevent error producing conditions from becoming incidents or accidents;
- Ensures that all personnel whose role could influence operating employee fatigue are knowledgeable about the impact of fatigue on human performance and trained and competent to perform their FRMS duties; and
- Provides an alternate method to prescriptive hours of duty and rest regulations for railway companies to manage fatigue. FRMS provides a robust, evidence-based approach to fatigue management that better reflects the operational reality of the railway industry in Canada.
Impacts on Canadians, including businesses
There may be business impacts. The "one-for-one" or the small business lens may apply.
Regulatory cooperation efforts
Transport Canada will consult 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
Transport Canada will seek input on proposed regulations through preliminary consultations with key stakeholders which will be held in 2020.
The proposed regulations are planned to be pre-published in the Canada Gazette, Part I, in late-2021 with a 30-day comment period.
Contact information
Sean Rogers
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-298-5597
Email: sean.rogers@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: August 2020
4. Regulations amending the Railway Safety Administrative Monetary Penalties Regulations (FRMS)
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The 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 Fatigue Risk Management System (FRMS) Regulations.
The objective of the proposed amendments is to provide the Minister of Transport with an additional tool to help enforce the proposed Fatigue Risk Management System Regulations that are key to strengthening the rail safety regime in Canada. The contravention of designation provisions for the new proposed Fatigue Risk Management System 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 Regulationswould apply to all railway companies and local railway companies that are subject to the proposed Fatigue Risk Management System Regulations which are part of the federal Railway Safety Act.
The proposed amendments would be administrative in nature and would have no impact on industry or small businesses. In addition, the proposed amendments would not contain any administrative burden. The "One-for-One" and the Small Business Lens would not apply.
Regulatory cooperation efforts (domestic and international)
The proposed amendments would be administrative in nature and would have no impact on regulatory cooperation efforts.
Consultations
Transport Canada will be conducting formal consultations for the proposed Fatigue Risk Management System Regulationsand will inform stakeholders of the proposed changes to the Railway Safety Administrative Monetary Penalties Regulations.
Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late-2021 with a 30-day comment period.
Departmental contact information
Sean Rogers
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-298-5597
Email: sean.rogers@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: August 2020
5. Regulations Amending the Railway Safety Administrative Monetary Penalties Regulations (Designate security provisions) New!
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The proposed amendments would modify Schedule 1 of the Railway Safety Administrative Monetary Penalties Regulations by adding a new part to designate provisions under the new Passenger Rail Transportation Security Regulations (registered on October 6, 2020).
The objective of the proposed amendments is to provide the Minister of Transport with an additional tool to effectively enforce the new Passenger Rail Transportation Security Regulations, which are a key part of Government of Canada's rail security regime.
Potential impacts on Canadians, including businesses
The proposed amendments would apply to passenger and host companies that are subject to the Passenger Rail Transportation Security Regulations.
The proposed amendments would enhance the railway system in Canada, which would benefit Canadians and businesses. In the meantime, this proposal does not have direct impact on the general public, industry or small businesses that are not in contravention of the designated provisions. In addition, the proposed amendments would not contain any administrative burden. The "One-for-One" and the Small Business Lens would not apply.
Regulatory cooperation efforts (domestic and international)
The proposed amendments would have no impact on regulatory cooperation efforts.
Consultations
Transport Canada will consult stakeholders, including the passenger and host railway companies, on the proposed changes to the Railway Safety Administrative Monetary Penalties Regulations.
Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.
Departmental contact information
Dawn Miller
Director
Surface & Intermodal Security Policy
Transport Canada
Telephone: 613-324-7991
Email: dawn.miller@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2021
6. Regulations amending the Grade Crossings Regulations New!
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The proposed amendments to the Grade Crossings Regulations would extend the compliance deadline for certain public and private crossings and add exclusions from some provisions of the regulations for low risk crossings using a risk-based approach. This approach would ensure that the original safety objectives remain intact while addressing stakeholder concerns about the impending November 2021 deadline.
Based on broad consultations conducted in 2020 with stakeholders, including municipalities, road authorities, railway companies and farmer associations, Transport Canada has determined that thousands of grade crossings covered under the Regulations will miss the November 28, 2021 compliance deadline for varied reasons, including the effects of the COVID-19 pandemic on municipal finances and construction activity, the financial burden facing owners of private crossings, unforeseen delays in the process of identifying owners of private crossings, and difficulties in obtaining agreement between road authorities and railway companies on the upgrades required and apportionment of the costs.
Impacts on Canadians, including businesses
Transports Canada expects minimal business impacts . The "one-for-one" or the small business lens may apply.
Regulatory cooperation efforts
Transport Canada expects that these changes will not affect regulatory cooperation efforts.
Consultations
Transport Canada will seek input on proposed amendments through preliminary consultations with key stakeholders which will be held in early-2021.
Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in mid-2021 with a 30-day comment period.
Contact information
Sean Rogers
Director
Regulatory Affairs, Rail Safety
Transport Canada
Telephone: 613-298-5597
Email: sean.rogers@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2021