Table of contents
- 1. Overview of the program, operating context and environment
- 2. Considerations and drivers for oversight activities priorities
- 3. Oversight delivery in 2022-23
- 4. Organizational contact information
- Annex A: Definitions
1. Overview of the program, operating context and environment
The Rail Safety Program verifies that the rail companies operating in Canada comply with the Railway Safety Act, rules, regulations and standards. The program meets this goal mostly through inspections and audits. The program also makes sure that companies follow the safety-related parts of the International Bridges and Tunnels Act.
The oversight program promotes and monitors compliance and safety. For 2023-24, the program will:
- complete:
- inspections and follow-up visits
- audits
- taking enforcement to address threats to safety notices and orders
- site visits after incidents
- meet with the railways
- respond to questions and complaints, and
- review and analyze data
The program uses both planned and reactive oversight activities to monitor the railway industry.
- Component A are planned inspections of randomly selected sites to confirm compliance with Canadian regulations, and identify potential safety threats
- Component B are planned inspections that deal with safety and program management issues. Sites are chosen based on risks identified in the business planning phase
- Component C are unplanned inspections that focus on emerging issues, or follow-up or opportunity inspections. Opportunity inspections are generally the result of a planned inspection (either Type A or B) to a remote location. While on-site, other inspections can be completed as time allows. Follow-up inspections are done, as needed, to check that issues have been dealt with and corrected
Operating context
The external operating environment is characterized by:
- Following the COVID-19 pandemic, the Rail Safety oversight activities returned to previous levels for 2022-23 with the expectation that they will continue at stabilized levels for 2023-24.
- The Ministerial Orders issued since 2020 to address COVID-19 were gradually repealed in 2022, removing various requirements for vaccination and health checks.
The internal operating environment is characterized by:
Overall
- The development by railways of new technologies that support automated inspections has resulted in requests for exemptions. As railways pilot these technologies, exemptions to current regulations have been granted to support this activity and inspectors must be mindful of this as they complete their oversight.
- The Partnerships and Engagement team built a foundation for engagement in 2022-2023, which included, amongst other activities, staffing key positions, reviving the Advisory Council on Rail Safety, and launching two complementary funding programs. This foundation has positioned the team to move forward on identified priority areas in 2023-2024.
- Quarterly meetings have been held with the Advisory Council on Rail Safety (ACRS) to keep industry partners informed and provide a forum for group discussions on key rail safety priorities. Moving forward, Rail Safety will work to modernize and enhance the role of ACRS.
- Phase II – Moving Forward of the expansion of Rail Safety’s engagement with local and Indigenous communities will take place form April 2023 to March 2024.
Regulatory Measures
- Locomotive Voice and Video Recorder Regulations: SOR/2020-178 have been in effect since September 2022.
- Opening Consultations were completed in 2022 for the Railway Safety Management System Regulations 2015, and analysis is being conducted to identify possible amendments.
- Moving forward with new Railway Employee Training Regulations with the view to address gaps in the training and qualification of railway company’s employees.
- Developing policy framework and regulatory submission for new Enhanced Train Control Regulations.
2. Considerations and drivers for oversight activities priorities
The Rail Safety’s Program’s priorities are driven by risk which is determined by analyzing Transport Canada inspection data, data from the Transportation Safety Board and railway companies under the Transportation Information Regulations.
For 2023-24, the program will maintain a consistent and high level of oversight. The program has 38,248 oversight activities planned.
The main impact risks that the program will particularly focus on are as follows:
- Previously identified economic, environmental, and human health risks
- Derailments
- Trespassing
- Crossings
Rail Safety is going to:
- Undertake its oversight program by:
- Monitoring compliance and safety, and
- Taking enforcement to address threats to safety
- Oversee the Canada Labour Code for onboard rail employees
- Working with the Centre for Enforcement Expertise, who are now responsible for enforcement of non-compliance to the RSA
- Taking stock of TSB reports and findings in order to assess if the regulatory framework is sufficiently robust
- Complete:
- Inspections and follow-up visits
- Comprehensive and targeted audits
- Site visits after incidents
- Meet with the railways
- Build meaningful relationships with local and Indigenous communities and organizations
- Engage with local and Indigenous communities on:
- The legislative and regulatory rail safety modernization agenda
- amendments to the RSA as part of Bill C-33
- operational safety initiatives, such as compliance with the Grade Crossings Regulations
- Respond to questions and complaints, and
- Review and analyze data
For 23/24, most inspections should return to normal, with the following considerations:
- Documentary review ahead of a planned onsite inspection or audit will continue to occur to maximize efficiency.
- Inspections following the receipt of a complaint or when following-up on an incident that was reported to the TSB, will generally be conducted remotely to verify compliance with regulatory requirements. The Canada Transportation Act allows a designated person to exercise their powers and perform their duties using electronic means.
- The Rail Safety Program will have a new software application available to document inspections for railway occurrences reported to the TSB. This will increase the number of unplanned, remote inspections conducted by the group.
- SMS is planning on continuing with some remote audits. In 2023-24 all Duty Rest Period Rule audits will be remote.
Table 1: 2023-24 total national oversight plan numbers by component
|
|
A |
B |
C |
IBT Reports |
IBT Site Visits |
Audits |
Total |
|---|---|---|---|---|---|---|---|
|
Atlantic |
596 |
3341 |
472 |
0 |
0 |
2 |
4411 |
|
Quebec |
928 |
4652 |
614 |
0 |
0 |
4 |
6198 |
|
Ontario |
1389 |
4724 |
753 |
0 |
0 |
10 |
6876 |
|
PNR |
1974 |
9095 |
776 |
0 |
0 |
7 |
11852 |
|
Pacific |
1146 |
6860 |
873 |
0 |
0 |
4 |
8883 |
|
NCR |
0 |
0 |
0 |
20 |
4 |
4 |
28 |
|
Total |
6033 |
28672 |
3488 |
20 |
4 |
31 |
38248 |
3. Oversight delivery in 2022-23
The delivery of oversight activities, such as planned risk-based inspections and reactive inspections, will be reported through the Canadian Center on Transportation Data (CCTD).
4. Organizational contact information
Transport Canada welcomes your comments on this report.
Email: railsafety@tc.gc.ca
Annex A: Definitions
|
Required Field |
Description |
|---|---|
|
Oversight |
How Transport Canada promotes, monitors or enforces compliance with our safety and security requirements. |
|
Regulatory authorizations |
Given when a regulated party (for example, a railway company or vehicle manufacturer) applies for permission to do a regulated activity, or be exempt from it. We may give permission in various forms, including a permit, licence or certification. Transport Canada does not control the number of regulatory authorizations per planning cycle. |
|
Inspection |
A documented, formal examination of industry compliance with Canadian transportation safety and security rules, regulations and requirements. Authorized Transport Canada officials record the results of each inspection. For the purposes of this document, audits are a type of inspection. *Includes pre-site, onsite, and post-site inspection and oversight activities. Is complete when the inspector submits an approved inspection or oversight activities report. Does not include follow-up action, quality control checks or outreach activities. |
|
Planned, risk-based inspections |
All inspections Transport Canada initially commits to doing in a given planning cycle. The SO3 Management Board may authorize updates as needed. *Include inspections that are announced (and expected), and those that are unannounced. Does not include:
|
|
Follow-up activities |
Arise from findings of an initial inspection. May include an on-site inspection, requests for more information, or enhanced monitoring. *Do not include enforcement. |
|
Other activities |
Oversight activities that Transport Canada did not initially commit to in a planning cycle, and are not a follow-up to an inspection or audit. |
|
Enforcement |
Measures we use to enforce requirements and compel compliance. For example:
|
|
Education, outreach and awareness |
How we educate the public, and encourage people and companies to comply with the law (for example: industry conferences, air shows, training, web portal) |
|
Quality control |
How we ensure inspectors follow policies and procedures, and complete required documentation. Applies to an entire oversight activity, from inspection, to follow-up, to resolving non-compliance. Supervisors and managers are responsible for quality control. Each program must have:
|