Highlights
- Transport Canada launched consultations on its proposal for the regulations that would replace the transitional freight rail reporting provisions introduced by the Transportation Modernization Act
- Transport Canada completed the Passenger Rail Transportation Security Regulations to strengthen passenger rail transportation security. The regulations were registered on October 6, 2020, and will allow rail companies the flexibility to adopt practices in line with their operational and security risks
- Under a series of memoranda of understanding with the Railway Association of Canada, Transport Canada has been working with the rail industry to address greenhouse gas emissions
Developments enhancing efficiency
Transportation Information Regulations
In 2020, Transport Canada continued work to develop amendments to the Transportation Information Regulations that would build upon the Transportation Modernization Act’s significant improvements to the transparency of the rail sector, and further enhance the data being reported by Class 1 rail carriers.
Transport Canada has developed a proposal for the collection of enhanced weekly service and performance indicators, as well as detailed waybill, train, and traffic data. Minister Garneau participated in the launch of a round of consultations on this proposal during the Commodity Supply Chain Table meeting on Dec 11, 2020. Transport Canada is now considering the feedback received during those consultations to help finalize the draft regulation.
VIA high frequency rail
The government announced in June 2019 that $71.1 million would be made available to continue to explore VIA Rail’s high frequency rail proposal. In September, a joint project office was created by VIA Rail and the Canada Infrastructure Bank to further explore VIA Rail’s proposal for dedicated tracks and high-frequency rail in the Toronto-Quebec City corridor. The work undertaken by the office is focusing on:
- finalizing legal and regulatory work related to safety and launching the environmental assessment
- consulting with stakeholders and Indigenous communities
- examining required land and track acquisition, and
- completing the technical, financial and commercial analysis required for an investment decision on high frequency rail
Since its creation in 2019, the office has significantly advanced its work in these key areas and outcomes will be integral to informing future government decisions on high frequency rail. In December 2018, a contract was awarded to build new trains, which are scheduled to enter into service between 2022 and 2024.
Developments enhancing safety and security
Railways safety initiatives
Over the course of 2020, Transport Canada continued to advance a number of initiatives to enhance the safety of railway operations, employees and Canadians living near railways.
Following the derailment near Guernsey, Saskatchewan, Transport Canada issued a series of Ministerial Orders slowing down trains carrying large quantities of dangerous goods and ordered revisions to the Rules respecting Key Trains and Key Routes and Rules respecting Track Safety to improve their track maintenance and safety procedures.
Requirements were also strengthened around the securement of trains on mountain grades with the addition of Rule 66 to the Canadian Rail Operating Rules.
On September 2, 2020, the Minister of Transport announced the publication of the final Locomotive Voice and Video Recorder Regulations in Canada Gazette, Part II, that specify the technical requirements for rail companies to install these devices on board their locomotives by September 2, 2022. Locomotive voice and video recorders provide accident investigators with insight into the sequence of events leading up to a rail accident (like crew communications and actions).
The updated Duty/Rest Rules for Operating Employees were published in November 2020, setting new requirements to target railway operator fatigue, including for the length of duty period, total work hours, rest periods, time away from work, and the development of fatigue management plans. The Duty/Rest Rules for Operating Employees were developed by Transport Canada in consultation with industry and reflect the evolution of the scientific understanding of fatigue and its role in rail safety.
The department also continued its work with the provinces to renew and update the agreements to provide inspection services for provincially-regulated railways. By the end of 2020, renewed agreements had been signed with New Brunswick, Nova Scotia, Manitoba, Newfoundland and Labrador, and Quebec.
Budget 2019 provided $85M over 4 years for the Rail Safety Improvement Program to:
- expand the list of eligible recipients and broaden the scope of projects that can be funded to enhance rail safety
- fund rail safety improvements that support measures to improve public safety at rail property and rail lines (both federally and provincially regulated)
- deliver a national public information and education campaign dedicated to the reduction of railway grade crossing collisions and trespassing incidents on railway property
Proposed Passenger Rail Transportation Security Regulations
In order to strengthen Canada’s security posture for passenger rail transportation, Transport Canada developed the Passenger Rail Transportation Security Regulations, made pursuant to the Railway Safety Act. These regulations, developed in consultation with the railway industry and its association, were designed using a management-based approach that requires passenger and host railway companies to proactively engage in security planning processes and manage security risks. Moreover, the regulations were designed to provide regulated companies with the flexibility to adopt security practices and measures that are tailored to their operations and proportionate to their security risks. The Regulations were registered on October 6, 2020.
The department is employing a phased-in approach to allow railway companies the time to implement the regulations.
Transportation of Dangerous Goods by Rail Security Regulations
In order to enhance the security of the transportation of dangerous goods by rail in Canada, Transport Canada has introduced the Transportation of Dangerous Goods by Rail Security Regulations. These regulations were published in the Canada Gazette, Part II on May 15, 2019. Transport Canada has followed a phased-approach to implementation and as of May 15, 2019, all of the regulatory requirements have come into force.
These regulations apply to railway carriers and railway loaders that handle, offer for transport, or transport dangerous goods in a railway vehicle and require railway carriers and railway loaders to proactively engage in security planning processes and managing security risks.
Transport Canada has developed the Transportation of Dangerous Goods by Rail Security Oversight Program for these new regulations. The new oversight program was implemented at the beginning of the new fiscal year on April 1, 2020.
A key component of the new regulatory program is for railway carriers, and railway loaders to develop and implement a security plan as set out in Schedule 1. Between April 1, 2020 and December 31, 2020, the Intermodal Surface Security Oversight group reviewed 96 security plans of both railway carriers and railway loaders. The oversight program will continue to expand to further inspection types, particularly additional on-site oversight inspection activities throughout 2021.
More on transporting dangerous goods by rail in this report
Developments enhancing environmental protection
Transportation by rail contributes to the efficiency of Canada’s transportation network by reducing congestion and wear-and-tear on roads and highways. A 100-car freight train carrying 10,000 tonnes of goods can replace 300 trucks. Railways can also play an important role in supporting the Government’s 2030 greenhouse gas emissions reduction goal.
Under a series of memoranda of understanding (MOU) with the Railway Association of Canada, Transport Canada has been working with the rail industry to address greenhouse gas emissions.
Over the 2011 to 2017 MOU period, greenhouse gas emission intensity (kg carbon dioxide per 1,000 revenue tonne kilometres) from Class 1 freight and intercity passenger operations fell by 17% and 20% respectively, compared to the 2010 baseline year. These reductions occurred despite an increase in both freight traffic (360 to 430 billion revenue tonne kilometers) and the number of intercity passengers (4.46 to 4.65 million). Over the same period, regional and shortline greenhouse gas emissions intensity decreased by 3.6% narrowly missing the 2017 target by 0.7%.
The Railway Association of Canada and Transport Canada signed a renewed MOU on March 20, 2019 to cover 2018-2022. This MOU ensures that emissions intensity levels will continue to be tracked through annual reporting. It includes new greenhouse gas emissions intensity reduction targets for the MOU period, including a 6% reduction for each of Class 1 freight and intercity passenger, and a 3% reduction for regional and shortlines. It also calls for the development of a pathway document for aligning government and industry efforts to reduce emissions produced by the railway sector.
COVID-19 and intermodal surface security oversight
At times of eased restrictions, on-site inspections of railway sites and facilities and inspections at international bridge and tunnel facilities were successfully completed. The combination of approaches resulted in striking a balance between Canada’s rail and international bridge and tunnel facility security oversight requirements and the safety of both industry staff and the inspectorate working on the ground. As a result, despite the impact of COVID-19, an 80% completion rate of the group’s oversight program was achieved.