Rail and Surface initiatives planned for April 2022 – April 2024

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

Regulations amending the Railway Employee Qualification and Training Standards Regulations

Enabling act

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

Description

This proposed regulatory change will provide a more comprehensive and robust training and qualification regime by updating the regulations which has not been updated since 1987.

The proposed changes would be performance-based. Railway companies would have the flexibility to determine how the training and qualification 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 changes are expected to be published in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Contact information

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

First included in Transport Canada’s Forward Regulatory Plan: April 2018

Regulations Amending the Transportation Information Regulations (Freight rail data)

Enabling act

Canada Transportation Act (S.C. 1996, c. 10)

Description

The Transportation Modernization Act, received Royal Assent on May 23, 2018. It introduced new regulatory authorities to collect both waybill (rate) data and service and performance information from railways identified as class 1 rail carriers.

The act also included transitional reporting requirements to make sure that class 1 rail carriers would report data as soon as possible without needing to wait for regulations to be developed. Because of this, class 1 rail carriers are already submitting both waybill data, and weekly service and performance information.

Transport Canada has launched a regulatory process to replace these transitional reporting requirements with new regulatory reporting requirements in the Transportation Information Regulations. Transport Canada has now developed a detailed proposal, which has been shared with a wide range of stakeholders. The proposal, which accounts for the size and scope of each class 1 rail carrier’s Canadian operations, includes:

  • an enhanced suite of weekly public service and performance indicators, to improve the utility of the information;
  • minor adjustments to the waybill reporting requirement to ensure the data is adequate for its intended purposes; and
  • new aggregated traffic reporting requirements for class 1 rail carriers with more limited networks in Canada, to better reflect the smaller scope of their Canadian operations.

Potential impacts on Canadians, including businesses

Increased transparency, including expanded public reporting on railway service and performance to provide more visibility into the freight rail network, has the potential to benefit industries and businesses that rely on rail service. This includes shippers. Changes to current reporting requirements will also have implications for reporting railways.

Stakeholders, including railways and shippers, have provided feedback on potential impacts of the proposed changes to the reporting requirements. Their feedback has been considered by Transport Canada.

Regulatory cooperation efforts (domestic and international)

As all 6 class 1 rail carriers identified in the Canada Transportation Act have operations in the United States, Transport Canada engaged with our partners in the United States to understand potential implications of the regulations.

Consultations

Transport Canada first launched consultations in the spring of 2019 followed by consultations on a detailed regulatory proposal from December 11, 2020 to February 26, 2021.

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2022 with a 60-day comment period.

Departmental contact information

Jonathan Fox
Policy Advisor, Rail Policy Analysis and Legislative Initiatives
Transport Canada
Email: jonathan.fox@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: April 2019

Fatigue Management System Regulations

Enabling act

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

Description

The proposed regulations will enhance the safety of personnel in positions critical to safe railway operations and that of the public by requiring railway companies to implement and follow a Fatigue Management System to ensure that a systematic framework is in place that will allow companies to analyze their operational conditions and continually improve their practices to reduce fatigue related risks.

A Fatigue Management System provides a systematic approach to fatigue management through the proactive and predictive analysis of operational conditions, and continuous improvement practices to reduce fatigue-related risks. Once implemented, a robust Fatigue Management System:

  • Assists railway companies in developing appropriate layers of defense to prevent fatigue and to prevent error producing conditions from becoming incidents or accidents; and
  • Ensures that all personnel whose role could influence operating employee are knowledgeable about the impact of fatigue on human performance, trained and competent to perform their Fatigue Management System duties.

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 late 2022 with a 30-day comment period.

Contact information

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

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

Regulations amending the Railway Safety Administrative Monetary Penalties Regulations (FMS)

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 adding a new part that sets out designated provisions for the proposed Fatigue Management System Regulations.

The objective is to provide the Minister of Transport with an additional tool to help enforce the proposed Fatigue Management System Regulations that are key to strengthening the rail safety regime in Canada. The contravention of designation provisions would subject the regulatory stakeholder to administrative monetary penalties.

Potential impacts on Canadians, including businesses

No impact is expected.

Regulatory cooperation efforts (domestic and international)

No impact is expected.

Consultations

The proposed changes are expected to be published in the Canada Gazette, Part I, in late 2022 with a 30-day comment period.

Departmental contact information

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

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

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

The proposed changes are expected to be published in the Canada Gazette, Part I, in mid-2022 with a 30-day comment period.

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