CANADIAN PACIFIC TRAIN DERAILMENT – CHAPLEAU, ONTARIO

Hiring of more Inspectors

• The number of rail safety inspectors increased from 107 to 152.
• The number of inspectors who inspect dangerous goods tripled from 30 to 90.

Enhanced Standards for Tank Cars

• In May 2015, Transport Canada, along with the United States brought forward a new tank car specifically designed for the transport of all flammable liquids.
• The Transport Canada/Department of Transport 117 tank car is a much more robust jacketed tank car. It is made with:
  • thicker steel (9/16 of an inch);
  • thermal protection;
  • full head shield protection;
  • top fitting protection; and
  • a new bottom outlet valve design.

Reduced Operating Speeds

• Rules Respecting Key Trains and Key Routes: In 2016, Transport Canada established these rules which require railway companies carrying large volumes of dangerous goods to reduce the speed of their trains:
• Further speed restrictions imposed by Ministerial Order in early 2020 requiring railway companies to maintain lower speeds in metropolitan areas for trains carrying large quantities of crude oil and liquefied petroleum gas with further mandatory speed reductions everywhere during the winter months.
• In addition to speed restrictions, the rules require railway companies to carry out additional and more frequent inspections of their tracks, and incentivizes the installation of broken rail detection technology.

Key Route Risk Assessments

• Under the Rules Respecting Key Trains and Key Routes, railway companies must conduct risk assessments that consider, at a minimum, 28 factors to determine the level of risk associated with each key route.
• Railway companies must also incorporate input from municipalities and other levels of local government into key route risk assessments through a publicly-accessible website.

Mandatory Use of Sufficient Hand Brakes

• Securement of Unattended Trains: Rule 112 of the Canadian Rail Operating Rules has been amended to impose stricter requirements on the securement of unattended trains, including: rail companies must adhere to a chart on minimum handbrake requirements; before leaving any equipment in a given location, a railway employee must confirm with another employee the manner in which the equipment was secured; and, when railway equipment is left unattended in high risk locations, operators must take more measures to secure it.

More Stringent Regulations

• Safety Management Systems Regulations, 2015: provides railway companies with a focused approach to building a “safety culture” throughout the company and includes the company’s safety goals and performance targets, risk assessments, responsibilities and authorities, procedures, and monitoring and evaluation processes.
• Since 2015, Transport Canada has increased the frequency of Safety Management Systems audits to a three-to-five year cycle, or more frequently if required. We have also recruited specialized auditors to enhance the effectiveness of the Safety Management Systems audit program.
• Railway Operating Certificate Regulations: A Railway Operating Certificate is an official document issued by Transport Canada that authorizes a federal railway company or a local railway company to operate in Canada by meeting baseline safety requirements.
• Railway Administrative Monetary Penalties Regulations: Since 2015, Transport Canada may now issue an Administrative Monetary Penalty 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.  The penalties may be imposed for each day of the contravention.
• Amendments to the Railway Transportation Information Regulations: Set out what information and data elements companies must submit to Transport Canada. They were amended to include railway safety data (known as “leading indicators”) to help proactively identify areas of risk.
• Grade Crossings Regulations: Designed to 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.
• Locomotive voice and Video Recorder Regulations: Allow proactive risk management through the analysis of data that previously would not have been accessible.

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.

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 the Canadian Transport Emergency Centre operated by Transport Canada.

Stronger Liability and Compensation Rules

• 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.