Location: National
Issue: Petitions calling for improved oversight of railway police services
DATE: March 6, 2023
Suggested Responses
- Transport Canada’s top priority is the safety and security of Canadians and their communities.
- Transport Canada has taken measures to better protect Canadians who live and work near rail lines to reduce the risk of serious accidents.
- Railway police are often the first line of defence 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 the recent TRAN Committee recommendation, Transport Canada is committed to engaging with police governance and accountability experts on Canada’s railway policing model to identify possible improvements.
If pressed on oversight of railway policing:
- Transport Canada is examining 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.
- 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.
Background Information
- On June 2, 2022 the recent 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. Those sections outline the authorities related to railway police and associated complaint procedures. Testimony was heard by the 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 as a conflict of interest and pointed to the recent example of the investigation into the fatal derailment near Field, British Columbia.
- In Canada, railway police constables are appointed by a judge of a superior court in Canada, for the enforcement of the Canada Transportation Act, as well as for the enforcement of Canadian or provincial 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. When there are complaints, a railway company with appointed police constables must file procedures with the Minister, for dealing with complaints concerning police constables and implement any recommendations made by the Minister.
- Under the Railway Safety Act, Railway police constables have jurisdiction on grounds within 500 meters of railway property that the rail company owns, possesses, or administers. For example, railway police in Canada help provide protection against trespassing on railway property, which is achieved in part through community outreach on the dangers and consequences of trespassing.
- 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. In addition, Transport Canada is responsible to investigate regulatory compliance with the Canada Labour Code and the Railway Safety Act, and any police service that has jurisdiction to investigate retains such jurisdiction regardless of whether railway police services investigate.
- The Royal Canadian Mounted Police (RCMP) and/or the provincial police services also can investigate any criminal conduct if they have jurisdiction over the area where the accident occurred or where an alleged criminal behavior has occurred. These police services have the discretion and independence to determine when an investigation is warranted, to conduct investigations into alleged criminal conduct, and, depending on the findings, to recommend that criminal prosecution be commenced.