Rail and Surface initiatives planned for April 2023 – April 2025

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years.

On this page

Initiative(s) planned for Canada Gazette, Part I

Railway Training and Qualifications Regulations

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

The proposed Regulations would provide a more comprehensive and robust training and qualification regime by replacing the existing Railway Employee Qualification Standards Regulations which have not been updated since 1987.

The proposed Regulations would be performance-based. Railway companies would have the flexibility to determine how the training and qualifications 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 Regulations are expected to be published in the Canada Gazette, Part I, in mid-2024 with a 60-day comment period.

Contact information

Stéphanie Plouffe
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 that are critical to safe railway operations and public safety by requiring railway companies to develop and implement a 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 mid-2024 with a 60-day comment period.

Contact information

Stéphanie Plouffe
Director
Regulatory Affairs, Rail Safety
Transport Canada
Email: stephanie.plouffe@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: August 2020

Enhanced Train Control Regulations New!

Enabling act

Railway Safety Act (1985, c. 32 (4th Supp.))

Description

Enhanced Train Control (ETC) technologies in Canada will provide an additional layer of safety in transporting people and goods across the country's vast railway network. At their most advanced level of functionality, Enhanced Train Control technologies can detect a safety threat and stop a train's movement to prevent a collision or derailment. It would also, at a basic level, be able to alert train crews to potential danger (such as exceeding speed restrictions or upcoming stop signal indications).

These proposed Regulatory would help prevent rule violations caused by human errors such as locomotive operation above the permitted speed or failure to comply with a wayside signal indication. While the department is in the early stages of developing the ETC requirements, the objective of the Regulations would be to:

  • Detail minimum functionalities for ETC systems, including interoperability specifications; and
  • Establish criteria to determine the level of ETC technologies required based on the risk evaluation of the corridor.

Impacts on Canadians, including businesses

ETC technologies will increase the level of safety on Canada's rail network by preventing collisions and derailments caused by human error. There will be financial impacts on businesses. The "one-for-one" or the small business lens may apply.

Regulatory cooperation efforts

No impact is expected.

Consultations

Transport Canada is consulting with the rail industry, as well as other jurisdiction and departments, in order to assess cumulative impacts of these requirements on regulated parties.
The proposed Regulations are expected to be published in the Canada Gazette, Part I, in mid-2024 with a 60-day comment period.

Contact information

Stéphanie Plouffe
Director
Regulatory Affairs, Rail Safety
Transport Canada
Email: stephanie.plouffe@tc.gc.ca

First included in Transport Canada's Forward Regulatory Plan: April 2023

Initiative(s) planned for Canada Gazette, Part II

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 late 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