Rail Transportation of Dangerous Goods
To: All Railway Companies and Local Railway Companies
Section 33 of the Railway Safety Act (RSA) gives the Minister of Transport the authority to issue an Emergency Directive to any company when the Minister is of the opinion that there is an immediate threat to safe railway operations or the security of railway transportation.
As a result, an Emergency Directive was issued on April 23, 2015 to all railway companies and local railway companies concerning the safe and secure transportation of dangerous goods.
Given that no rule addressing the elements pertaining to the safe and secure transportation of dangerous goods in that Emergency Directive has yet been established for the companies listed in Appendix A, and in the interest of ensuring the continued safety and security of railway transportation in Canada, I have determined that there is a need to issue an Emergency Directive for another six months.
Therefore, pursuant to section 33 of the RSA, all companies listed in Appendix A are hereby ordered to:
- Not operate a Key Train at a speed that exceeds 50 miles per hour (MPH) and not in excess of 40 MPH within Census Metropolitan Areas (CMAs).
- Not operate a Key Train transporting one or more DOT-111 loaded tank cars containing UN1170 ETHANOL, UN1202 DIESEL FUEL, UN1203 GASOLINE, UN1267 PETROLEUM CRUDE OIL, UN1268 PETROLEUM DISTILLATES, N.O.S., UN1863 FUEL, AVIATION, TURBINE ENGINE, UN1993 FLAMMABLE LIQUID, N.O.S., UN3295 HYDROCARBONS, LIQUID, N.O.S., UN1987 ALCOHOLS N.O.S., UN3494 PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC or UN3475 ETHANOL AND GASOLINE MIXTURE at a speed that exceeds 40 MPH in areas identified as higher risk through the risk assessment process referred to in this Emergency Directive. The DOT-111 tank cars include those that are CPC-1232 specification.
- Develop instructions to be issued to operating employees setting out the speed and mile posts within which the speed restrictions referred to in Items 1 and 2 of this Emergency Directive are applicable. A company shall not operate a Key Train otherwise than in accordance with the instructions developed.
- Have the Key Train hold the main track at meeting or passing points unless the siding track meets Transport Canada Class 2 requirements as per the Rules Respecting Track Safety. In situations where the siding does not meet Transport Canada Class 2 requirements as per the Rules Respecting Track Safety, the Key Train may operate on the siding at a speed not exceeding 10 MPH instead of holding the main track when it is operationally infeasible or the non-Key Train is a passenger train.
- Not operate a Key Train with any cars not equipped with roller bearings.
- Perform an inspection of any bearing on a Key Train reported defective by a Wayside Defective Bearing Detector. If any such inspection confirms that a bearing on a car of a Key Train is defective, companies are to set off that car from the Key Train or must only operate the Key Train at a safe speed not exceeding 15 MPH until the car with the defective bearing is set off. If the inspection performed on a bearing of a car of a Key Train reported by a Wayside Defective Bearing Detector fails to confirm a defect in a bearing, companies must not operate the Key Train at a speed exceeding 30 MPH until the next operational Wayside Defective Bearing Detector location. If a defect in a bearing of the same car of a Key Train is reported by two consecutive Wayside Defective Bearing Detectors, companies must set off that car from the Key Train or must only operate the Key Train at a safe speed not exceeding 15 MPH until the car with the defective bearing is set off.
- Before the expiration of this Emergency Directive, inspect any Key Route main track on which a Key Train is operated using a Heavy Track Geometry Vehicle and Rail Flaw Detector. In situations where a Heavy Track Geometry Vehicle is unavailable, inspect any Key Route main track on which a Key Train is operated at least once with a Rail Flaw Detector and at least twice, with no more than 100 days between inspections, with a Light Track Geometry Vehicle (only where Light Track Geometry Vehicles are allowed as defined in the Rules Respecting Track Safety).
- Complete within six months from the date of this Emergency Directive, a Risk Assessment that will determine the level of risk associated with each Key Route over which a Key Train is operated by the company. The risk assessment must:
- identify safety and security risks associated with that route, including the volume of goods moved on that route, the class of track on that route, the maintenance schedule of the track on that route, the curvature of the track on that route, the environmentally sensitive or significant areas along that route, the population density along that route, emergency response capability along that route and the areas of high consequence along the route;
- identify and compare alternative routes for safety and security; and
- factor potential or future railway operational changes such as new customers moving goods subject to an Emergency Response Assistance Plan under the Transportation of Dangerous Goods Act, 1992 or municipal changes due to population growth, for routing restrictions.
Item 8 does not apply to a company that has already completed a risk assessment as per Item 7 of the Emergency Directives issued on April 23, 2014, October 23, 2014, February 16, 2015, March 26, 2015 or June 19, 2015.
For the purpose of this Emergency Directive,
“Within Census Metropolitan Areas” means population centres defined by Statistics Canada as core (i.e., at least 50,000 persons) and secondary core (i.e., at least 10,000 persons) of CMAs listed in Appendix B. The list of CMAs will be amended should updates by Statistics Canada become available.
“Key Train” means an engine with cars:
a) that includes one or more loaded tank cars of dangerous goods that are included in Class 2.3, Toxic Gases and of dangerous goods that are toxic by inhalation subject to Special Provision 23 of the Transport of Dangerous Goods Regulations; or
b) that includes 20 or more loaded tank cars or loaded intermodal portable tanks containing dangerous goods, as defined in the Transportation of Dangerous Goods Act, 1992 or any combination thereof that includes 20 or more loaded tank cars and loaded intermodal portable tanks.
“Key Route” means any track on which, over a period of one year, is carried 10,000 or more loaded tank cars or loaded intermodal portable tanks containing dangerous goods, as defined in the Transportation of Dangerous Goods Act, 1992 or any combination thereof that includes 10,000 or more loaded tank cars and loaded intermodal portable tanks.
Pursuant to section 33 of the RSA, this Emergency Directive takes effect at 00:00 hrs EST on August 18, 2015 and is to remain in effect until 23:59 hrs EST on February 18, 2016.
APPENDIX A
6970184 Canada Ltd.
Agence métropolitaine de transport
Amtrak
Arnaud Railway Company
Battle River Railway
Big Sky Railway Operated by Last Mountain Railway
Boundary Trail Railway Company
Burlington Northern Santa Fe Railway Co.
Canadian National Railway Company
Canadian Pacific Railway Company
Cando Contracting Ltd. (Barrie-Collingwood)
CANDO Ltd.
Canpotex
Cape Breton and Central Nova Scotia Railway
Capital Railway
Carlton Trail Railway
Central Maine & Québec Railway Canada Inc.
Central Manitoba Railway Inc.
Chemin de fer Charlevoix
Chemin de fer Québec Gatineau
Chemin de fer Roberval Saguenay (Rio Tinto Alcan)
Chemin de fer Sartigan
CSX Intermodal Terminals Inc.
CSX Transportation Inc.
Eastern Maine Railway
Essar Steel Algoma
Essex Terminal Railway Company
GO Transit
Goderich and Exeter Railway Company Limited
Great Canadian Railtour Company Ltd.
Great Sandhills Railway
Great Western Railway Ltd.
Hudson Bay Railway Company
Huron Central
Huron Central Railway Inc.
International Bridge and Terminal Company
Kamloops Heritage Railway Society
Keewatin Railway Company
Kettle Falls International Railway Company
Knob Lake and Timmins Railway Inc.
Koch Fertilizer Canada ULC
Lake Line Railway Company
Last Mountain Railway (101115529 Saskatchewan Ltd.)
Minnesota, Dakota & Western Railway Company
Nipissing Central Railway Company
Norfolk Southern Railway Company
Northwood Pulp Mill Canfor
Ontario Northland Transportation Commission
Ontario Southland Railway Inc.
Ontario Southland Railway Inc.
Orford Express
Port Colborne Railway (Part of Trillium)
Port Stanley Terminal Railway Incorporated
Prairie Dog Central Railway
Prudential Steel ULC
Quebec North Shore and Labrador Railway Company
RaiLink Canada Ltd.
Railmark Canada Limited
RailServe
Rio Tinto Alcan
Société du chemin de fer de la Gaspésie
South Simcoe Railway Heritage Corporation
Southern Ontario Locomotive Restoration Society
Southern Rails Cooperative Ltd.
Southern Railway of British Columbia (and Southern Railway of Vancouver Island Limited)
St. Lawrence & Atlantic Railroad (Quebec) Inc.
Stewart Southern Railway
Sydney Coal Railway Inc.
The Toronto Terminals Railway Company Limited
Thunder Rail Ltd. (Arborfield)
Torch River Rail Inc.
Trillium Railway
Tshiuetin Rail Transportation Inc.
Union Pacific Railroad Company
VIA Rail Canada Inc.
Wabush Lake Railway Company, Limited
West Coast Express Ltd.
West Coast Railway Museum
White Pass and Yukon Route
York-Durham Heritage Railway Association
APPENDIX B
Census Metropolitan Areas
St. John’s (N.L).
Halifax (N.S.)
Moncton (N.B.)
Saint John (N.B.)
Saguenay (Que.)
Québec (Que.)
Sherbrooke (Que.)
Trois-Rivières (Que.)
Montréal (Que.)
Ottawa-Gatineau (Ont.-Que)
Kingston (Ont.)
Peterborough (Ont.)
Oshawa (Ont.)
Toronto (Ont.)
Hamilton (Ont.)
St. Catharines-Niagara (Ont.)
Kitchener-Cambridge-Waterloo (Ont.)
Brantford (Ont.)
Guelph (Ont.)
London (Ont.)
Windsor (Ont.)
Barrie (Ont.)
Greater Sudbury (Ont.)
Thunder Bay (Ont.)
Winnipeg (Man.)
Regina (Sask.)
Saskatoon (Sask.)
Calgary (Alta.)
Edmonton (Alta.)
Kelowna (B.C.)
Abbotsford-Mission (B.C.)
Vancouver (B.C.)
Victoria (B.C.)
Source: Statistics Canada, CANSIM, Table 051-0056.
Last modified: 2015-02-11