17. Rail Safety

1.

Railway Freight and Passenger Train Brake Inspection and Safety Rules

• On July 25, 2022, TC ordered companies to revise the Rules to incorporate enhanced air brake inspection and maintenance requirements to reduce the risk posed to train operations in cold weather.
• Ministerial Order (MO) 22 04 required that Phase I of the proposed revisions to the rules (requirements regarding inspections and a winter operating plan) be filed with the Minister of Transport for approval by November 30, 2022.
• The proposed changes for Part I were assessed and the revised rule was approved on January 30, 2023.
• Phase II revisions (requiring Test Standards and Periodic Maintenance of Air Brake Cylinders) must be filed no later than May 31, 2023.

2.

Reducing the risks of operating while fatigued

• Transport Canada approved revisions to the Work/Rest Rules to reflect the latest in fatigue science on November 25, 2020.
• The new Duty and Rest Period Rules for Operating Employees introduce new limits to duty periods, longer rest periods, new limits on cumulative hours worked and reset breaks to ensure a minimum time away from work.
• Companies are also required to develop fatigue management plans that describe how they will manage fatigue within their operations.
• Reflecting the complexity of the changes, the new rules are being phased in.
• Fatigue management plans were to be filed by November 2021. Transport Canada has reviewed the plans to ensure they meet the requirements set out in the new rules.
• Full implementation for freight railway companies in May 2023 and November 2024 for passenger railway companies.

3.

Railway Extreme Heat and Fire Risk Mitigation Rules

On June 15, 2022, the Minister approved the new Extreme Weather Heat and Fire Risk Mitigation Rules. These rules make permanent measures contained in Ministerial Order 21-06, issued by the Minister of Transport Canada in July 2021, to reduce the risk wildfires in the context of extreme weather. They require companies to:

• • Reduce train speeds and conduct additional track inspections when temperatures are high, to reduce the risk of a derailment caused by track conditions;
  • Inspect locomotive exhaust systems more frequently, to ensure they are free of any deposits that could pose a fire risk; and
  • Implement a fire risk mitigation plan.

Transport Canada conducts risk-based oversight to ensure railway companies are complying with the Railway Extreme Heat and Fire Risk Mitigation Rules regulatory requirements.

4.

Hiring of more Inspectors

• The number of rail safety inspectors increased from 107 in 2013 to 155 in 2022.

• Since the Lac-Mégantic tragedy in 2013, TC has more than doubled the number of inspectors conducting dangerous goods inspections. We have also doubled the number of inspections.

5.

Regulations to enhance safety at grade crossings, enhance safety processes within railway companies and provide Transport Canada with the data and enforcement tools to more effectively carry out its mandate.

• On November 28, 2014, the Grade Crossings Regulations came into effect, which will help reduce the frequency and severity of accidents at Canada’s approximately 23,000 federally-regulated grade crossings, therefore saving lives and preventing injuries and derailments. In 2021, amendments were made to the regulations to extend certain deadlines for grade crossings.
• On April 1, 2015, Safety Management Systems (SMS) Regulations, 2015 came into effect requiring railway companies to set safety goals and performance targets, conduct risk assessments, and monitoring and evaluation processes.
• Since 2015, specialized auditors have been recruited and comprehensive audits of all federally regulated railway companies have been completed.
• Following reports by the Transportation Safety Board of Canada and of the Office of the Auditor General, Transport Canada is now reviewing the regulations to ensure they are effective.
• On April 1, 2015, the Railway Administrative Monetary Penalties (AMPs) Regulations also came into effect providing Transport Canada with the ability to issue an AMP to a company found to be in non-compliance with rules and regulations. Maximum penalties are $250,000 for a corporation and $50,000 for an individual. They can be imposed for each day of the contravention. In 2022, amendments were made to the regulations to add additional designated provisions.

• Finally, on April 1, 2015, Amendments to the Railway Transportation Information Regulations were also entered into effect requiring railway companies to provide “leading indicators” with respect to safety to help proactively identify areas of risk.

6.

Risk Assessments on routes carrying large quantities of dangerous goods; and established and strengthened rules for trains carrying large quantities of dangerous goods.

• In 2016, Transport Canada established the Rules Respecting Key Trains and Key Routes that required railway companies carrying large volumes of dangerous goods to reduce the speed of their trains.
• Under the Rules Respecting Key Trains and Key Routes, railway companies must conduct risk assessments on train routes carrying large quantities of dangerous goods.
• Railway companies must also conduct a public consultation on these risks assessments with municipalities and local government via a website and incorporates the input.
• These train routes comprise a large portion of CN and CP’s rail network throughout Canada.
• On February 22, 2021, revisions to the rule were approved that:
  • define a 'higher risk key train' as a train carrying large quantities of crude oil or liquid petroleum gases and prescribe speed restrictions for these trains;
  • require railway companies to develop winter operation plans that are specific to each subdivision where higher risk key trains operate and require approval by a professional engineer;
  • require use of new technology to detect a broken rail in areas where it is not currently present;
  • strengthen track inspection and track maintenance requirements.
• The revised rules came into effect on August 22, 2021.

7.

Roll away protection to prevent uncontrolled movements

• On March 10, 2021, two Ministerial Orders were issued to strengthen the rules around uncontrolled movements:
  • The first Ministerial Order requires the railway companies to implement specific procedures that must be followed by their locomotive engineers to prevent the uncontrolled movement of railway equipment due to an unintended release of the train’s air brakes. 
  • The second Ministerial Order requires that the railway industry add an additional layer of defence to prevent the uncontrolled movement of railway equipment by proposing amendments to the Railway Locomotive Inspection and Safety Rules and the Canadian Rail Operating Rules (CROR) for the Minister’s approval. The amendments will include:
    • improving performance standards for locomotives equipped with roll-away protection, which is a feature designed to apply the air brakes when movement is detected; and,

• clarifying the definition of an ‘unattended train’ under the CROR, for more consistent application of the rule.

• Revisions to the Railway Locomotive Inspection and Safety Rules and the Canadian Rail Operating Rules to address these issues were approved by the Department on May 9, 2022 and came into effect on October 1, 2022.

8.

Efforts to decrease trespassing and interfering with safe operation of the railway system

• On June 10, 2021, amendments to the Contraventions Regulations came into force which increased the amount of a fine applicable to offences under the Railway Safety Act from $100 to $500 (under section 26.1, trespassing) and from $150 to $750 (under section 26.2, failure to give way to railway equipment at a road crossing). Increased incidents of trespassing and interfering with the safe operations of the railway system provide sufficient evidence that the original amounts of the fines were not significant to deter these dangerous actions.

• Transport Canada’s Rail Safety Improvement Program (RSIP) Public Education and Awareness stream is providing $2 million over three years to Operation Lifesaver. Operation Lifesaver works to prevent collisions at railway crossings and railway trespassing incidents in Canada through public education and outreach.

9.

Reducing accidents with in-cab locomotive recordings

• On September 2, 2020, the Locomotive Voice and Video Recorder Regulations were published and came into force in September 2022.  These regulations specify the technical requirements for rail companies to install these devices on board their locomotives.
• These regulations will provide accident investigators with insight into the sequence of events leading up to a rail accident regarding the actions of a crew and their communications.
• This information will help determine what further corrective measures may be required to improve rail safety in Canada. Railway companies can also use data from the recorders to identify and manage safety risks.

10.

Mandatory Use of Sufficient Hand Brakes for unattended trains.

• Amendments to the Canadian Rail Operating Rules in 2015 to impose stricter requirements on railway companies regarding the securement of unattended trains, including adherence to a chart showing the minimum number of cars on which to apply their handbrakes. In April 2020, a new rule was approved and added, specifically for securing trains on heavy or mountain grades.

11.

More Information Shared with Municipalities

• In April 2016, the Minister of Transport issued Protective Direction 36, which provides registered communities access to comprehensive dangerous goods information provided by railway companies, including the volume and nature of dangerous goods being transported by rail. Communities with a railway operating through them can use this information to assess risks, plan for emergencies and guide first responder training.

12.

Stronger Liability and Compensation Rules for when accidents do occur

• In 2016, stronger liability and compensation rules for federally regulated railways came into force. Federally regulated railways now must carry a minimum level of insurance, based on the type and volume of dangerous goods they carry. The amount ranges from $25 million to $1 billion. Railways need to show they have this coverage before the Canadian Transportation Agency issues the certificate of fitness they need to operate.
• The new rules also created the Fund for Railway Accidents Involving Designated Goods financed by shippers of crude oil by rail. The fund covers any damages above the railways’ mandatory insurance levels for accidents involving crude oil.

14.

Set minimum standards for companies in order operate a railway in Canada

• All railway companies that operate on federally-regulated track must have a Railway Operating Certificate (ROC), which is a requirement established in 2015.
• Companies are required to meet a set of baseline safety requirements by adhering to a basic set of safety rules, i.e. track safety and operations, a company must attest to whether they have the necessary human and financial resources to operate a railway at the highest level of safety.
• The ROC also requires companies to have a safety management system that meets the requirements of the Safety Management System Regulations, 2015.

15.

Enhanced Standards for Tank Cars

• In May 2015, Transport Canada, along with the U.S. brought forward a new tank car specifically designed for the transport of flammable liquids. The TC/DOT 117 tank car is a much more robust jacketed tank car. It is made with thicker steel and thermal protection as well as other protective measures to reduce the likelihood of dangerous goods release in case of a derailment.
• The new Class 117 tank car was introduced in May 2015, and there are ongoing phase-out deadlines that are progressively removing Class 111 tank cars from flammable liquids service. A number of deadlines have already passed for certain dangerous goods, and the final phase-out deadline for Class 111 tank cars for all flammable liquids service is April 30, 2025.

16.

Better Support for First Responders

• The resources available to first responders in the community now include competency guidelines, a guidebook and an online training tool for first responders.
• A Transport Canada publication, You’re Not Alone!, is a quick reference guide for first responders coping with a major rail accident.
• First responders also have around-the-clock support from scientists at CANUTEC, Transport Canada’s emergency response Centre.