You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years.
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Initiative(s) planned for Canada Gazette, Part I
Railway Training and Qualifications Regulations
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
This proposed regulatory change will provide a more comprehensive and robust training and qualification regime by updating the regulations which has not been 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; and
- 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; and
- Set out minimum standards to complement management-based requirements in the Railway Safety Management System Regulations 2015.
Impacts on Canadians, including businesses
There may be business impacts. 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
The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2023 with a 60-day comment period.
Contact information
Stéphanie Plouffe
Acting Director
Regulatory Affairs, Rail Safety
Transport Canada
Email: stephanie.plouffe@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2018
Fatigue Management System Regulations
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The proposed regulations would enhance the safety of personnel in positions critical to safe railway operations and that of the public by requiring railway companies to develop and implement Fatigue Management System (FMS). This would provide a systematic framework and approach allowing companies to analyze their operational conditions and continually improve their practices to reduce fatigue related risks.
Once implemented, a robust FMS would:
- Provide railway companies with the tools to develop appropriate layers of defense that would prevent fatigue and error producing conditions from becoming incidents or accidents;
- Ensures that all personnel are knowledgeable about the impact of fatigue on human performance and that those with FMS duties are trained and competent to perform such duties; and
- Assist companies in reducing fatigue risks through proactive analysis of operational conditions, and continuous improvement practices.
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
The proposed regulations are expected to be published in the Canada Gazette, Part I, in late 2023 with a 60-day comment period.
Contact information
Stéphanie Plouffe
Acting Director
Regulatory Affairs, Rail Safety
Transport Canada
Email: stephanie.plouffe@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: August 2020
Initiative(s) planned for Canada Gazette, Part II
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 accounts for 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; and
- new aggregated traffic reporting requirements for class 1 rail carriers with more limited networks in Canada, 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 provided feedback on potential impacts of the proposed changes to the reporting requirements. Their feedback has been considered by Transport Canada.
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 engaged 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 followed by consultations on a detailed regulatory proposal from December 11, 2020 to February 26, 2021.
Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on May 7, 2022 with a 60-day public comment period.
Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in late 2022.
Departmental contact information
Jonathan Fox
Policy Advisor, Rail Policy Analysis and Legislative Initiatives
Transport Canada
Email: jonathan.fox@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2019
Regulations Amending the Railway Safety Administrative Monetary Penalties Regulations (For security)
Enabling act
Railway Safety Act (1985, c. 32 (4th Supp.))
Description
The proposed regulatory changes would modify Schedule 1 of the Railway Safety Administrative Monetary Penalties Regulations by designating additional provisions of the Railway Safety Act under Part 1, and adding a new Part to designate provisions of the Passenger Rail Transportation Security Regulations. It will provide the Minister with an additional tool to effectively enforce these Act provisions and the Regulations, which are a key part of Government of Canada's rail security regime.
Potential impacts on Canadians, including businesses
The proposed changes would enhance the railway system in Canada, which would benefit Canadians and businesses.
Regulatory cooperation efforts (domestic and international)
No impact is expected.
Consultations
Transport Canada pre-published the proposed changes in the Canada Gazette, Part I, on July 2, 2022 with a 30-day public comment period.
Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2023
Departmental contact information
Dawn Miller
Director
Surface & Intermodal Security Policy
Transport Canada
Email: dawn.miller@tc.gc.ca
First included in Transport Canada's Forward Regulatory Plan: April 2021