LOCATION: National
ISSUE / SOURCE: Petitions calling for improved oversight of railway police services
DATE: September 2024
SUGGESTED RESPONSES
- Transport Canada’s top priority is the safety and security of Canadians and their communities.
- Railway police are often the first line of defense against safety and security issues that affect our railway system.
- Railway police share jurisdiction over cases involving railway companies. The Royal Canadian Mounted Police (RCMP) and other police forces can investigate and take enforcement measures, as appropriate.
- In response to a 2022 recommendation by the Transport, Infrastructure and Communities (TRAN) Committee, Transport Canada engaged with police governance and accountability experts on Canada’s railway policing model to identify possible improvements.
IF PRESSED
- Transport Canada continues to examine the issue more closely to provide a basis for determining next steps.
- The limits of railway policing are prescribed by law, including through the Railway Safety Act and the Criminal Code of Canada.
- There are four railway companies in Canada that collectively employ approximately 180 railway police constables. Canada is among other countries that leverage railway police to protect rail property.
- In Canada, Railway companies are required to have procedures for the review of complaints against railway police constables. These procedures require the company to identify one or more persons within a company to be responsible for implementing a complaints procedure and its administration.
- Transport Canada is responsible to investigate regulatory compliance with the Railway Safety Act.
- Transport Canada officials engaged a consultant to develop options for improvements to potential conflict of interest in railway policing involving private companies. The consultant is working to finalize a proper account of history, role, and current practices of railway police to inform these options.
BACKGROUND INFORMATION
- On June 2, 2022 the Standing Committee on Transport, Infrastructure and Communities Report, “Railway Safety and the Effects of Railway Operations on the Surrounding Communities in Which they Operate”, recommended that section 44 and 44.1 of the Railway Safety Act should be amended to remove the potential conflict of interest from the jurisdiction of private railway police in investigations involving their companies. These sections outline the authorities related to railway police and associated complaint procedures.
- In Canada, railway police constables are appointed by a judge of a superior court, for the enforcement of the Canada Transportation Act, as well as for the enforcement of Canadian, provincial, or territorial laws, as they relate to the protection of property owned, possessed, or administered by a railway company, and for the protection of persons and property.
- As defined by section 2 of the Criminal Code, railway police service members have the same powers as police officers in Canada. That said, regulatory or criminal prosecution associated with an accident involving a railway does not primarily and exclusively depend on the railway police service. Any police service that has jurisdiction to investigate retains such jurisdiction regardless of whether railway police services investigate.
- In May 2022, testimony was heard by the Transport, Infrastructure and Communities (TRAN) Committee, including comments by the President of the Teamsters Canada Rail Conference, who argued that investigations of railway incidents by the company’s own police force constitutes a conflict of interest and pointed to the recent example of the investigation into the fatal derailment near Field, British Columbia.