Minister of Transport Order Pursuant to Section 19 of the Railway Safety Act, Chapter R-4.2, [R.S., 1985, C. 32 (4th SUPP.)] (MO 20-06)

Paragraph 19(1)(a) of the Railway Safety Act (RSA) gives the Minister of Transport the authority to order a railway company to formulate rules respecting any matter referred to in subsections 18(1) or (2.1) of the RSA, or to revise its rules respecting that matter.

Pursuant to the provisions of paragraph 19(1)(a) of the RSA, the railway companies and local railway companies listed in Appendix A are hereby ordered to revise the Rules Respecting Key Trains and Key Routes.

The revised rules should be based on an assessment of safety risks, and shall, at a minimum, address the following elements:

  1. New definitions
    • Higher Risk Key Trains means an engine with cars that include loaded tank cars carrying crude oil or liquefied petroleum gases, as defined in the Transportation of Dangerous Goods Act, 1992, in a continuous block of 20 or more tank cars or 35 or more tank cars dispersed through a train.
    • Key Train means an engine with cars:
      • 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
      • 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.
  2. Speed restrictions
    1. Subject to 2b, not operate a Key train at a speed that exceeds 50 miles per hour (mph);
    2. Not operate a Key Train at a speed that exceeds 35 mph within Census Metropolitan Areas (CMAs);
    3. From March 15th to 23:59:59 pm on November 14th
      • not operate a Higher Risk Key Train at a speed that exceeds 30 mph within CMAs; and,
      • not operate a Higher Risk Key Train at a speed that exceeds 50 mph outside of CMAs;
    4. From November 15th to 23:59:59 pm on March 14th, while in signaled territory,
      • not operate a Higher Risk Key Train at a speed that exceeds 25 mph within CMAs and 40 mph outside of CMAs; and,
      • not operate a Higher Risk Key Train at a speed that exceeds 30 mph when temperature is minus twenty five degrees Celsius (-25 oC) or below outside of CMAs
    5. From November 15th to 23:59:59 pm on March 14th, while in non-signaled territory,
      • not operate a Higher Risk Key Train at a speed that exceeds 25 mph within CMAs; and,
      • not operate a Higher Risk Key Train at a speed that exceeds 25 mph outside of CMAs.
  3. Requirement for Continuous Welded Rail Joint Management
    • Develop and adhere to a maintenance and inspection plan for permanent joints (joints at fixed locations by design such as bridges or crossing) and temporary rail joints (joints added in the track for maintenance purposes) which includes the following elements.
      • requirements for the frequency and methods of inspection;
      • time limits for the retention of temporary joints until permanently repaired; and,
      • record keeping requirements regarding the precise location, date of installation, date of inspection and date of removal of each temporary joint in continuous welded rail.
    • The plan shall be filed with Transport Canada by the first of September every calendar year.
    • Require that by January 15 of each calendar year, Transport Canada be provided with the number of temporary joints in each subdivision as of October 31 of the previous year.
  4. Requirements Regarding Installation of Replacement Rail
    • Ensure replacement rail is ultrasonically inspected and free from rail defects prior to being put in service;
    • When ultrasonic inspection of the replacement rail cannot be done prior to installation, a speed restriction must be put in place and approved by a professional engineer, in the case of a Class 1 railway company or, in any other cases, approved by an engineer; and,
    • Ensure that the speed restriction remains in place until the rail is ultrasonically inspected.
    • Keep records for a minimum of one year indicating
      • the date of the ultrasonic inspection whether prior to or after being put into service; and,
      • the location where the replacement rail is installed.

For the purpose of these rules,

“Within Census Metropolitan Areas (CMAs)” 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.

“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.

Subsection 19(2) of the RSA requires that a company shall not file rules unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to:

  1. In the case of a railway company, each relevant association or organization that is likely to be
    affected by the implementation of the rules; or
  2. In the case of a local railway company, any railway on whose trackage the local railway operates that is likely to be affected by the implementation of the rules.

Pursuant to the provisions of paragraph 19(1)(b) of the RSA, the rules shall be filed with the Minister of Transport for approval within 210 days of the date of this Order.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

Date

Appendix A

9961526 Canada Limited
Arnprior Nepean Railway Co. Inc.
Battle River Railway NGC Inc.
Big Sky Railway Corp.
BioPower Sustainable Energy Corporation
BNSF Railway Company
Boundary Trail Railway Company, Inc.
Canadian National Railway Company
Canadian Pacific Railway Company
Cando Rail Services Ltd.
Canfor Pulp Ltd. – Northwood Division
Cape Breton & Central Nova Scotia Railway Ltd.
Cargill Limited – Cargill Limitée
Carlton Trail Railway Company
Central Maine and Quebec Railway Canada Inc.
Central Manitoba Railway Inc.
Chemin de fer de Québec-Gatineau Inc.
Chemin de fer Québec North Shore & Labrador
Chemin de fer Oxford Express Inc.
Chemin de fer Sartigan
City of Ottawa carrying on business as Capital Railway
Compagnie du Chemin de fer Roberval-Saguenay
CSX Transportation, Inc.
Eastern Maine Railway Company
Essar Steel Algoma Inc.
GIO Railways Corporation
Goderich-Exeter Railway Company Limited
Great Canadian Railtour Company Ltd.
Great Sandhills Railway Ltd.
Great Western Railway, Ltd.
Hudson Bay Railway Company
Huron Central Railway Inc.
Kamloops Heritage Railway Society
Keewatin Railway Company
Kettle Falls International Railway Company
Knob Lake and Timmins Railway Company Inc.
Koch Fertilizer Canada, ULC
Lake Line Railroad Inc.
Last Mountain Railway
Maska-Wa Transportation Association Inc.
Metrolinx
National Railroad Passenger Corporation (AMTRAK)
Nipissing Central Railway
Norfolk Southern Railway Company
Ontario Northland Transportation Commission
Ontario Southland Railway Inc.
Pacific & Arctic Railway Navigation, British Columbia & Yukon Railway, British Yukon Railway doing business as White Pass & Yukon Route Railroad (WP&YR)
Pinnacle Renewable Energy Inc.
Port Stanley Terminal Rail Inc.
Prairie Rail Solutions Ltd.
Prudential Steel ULC
RaiLink Canada Ltd.
Railserve Inc.
Réseau de transport métropolitan
RIO Tinto Alcan
RTC Rail Solution Ltd.
Société du chemin de fer de la Gaspésie
Southern Ontario Locomotive Restoration Society
Southern Rails Co-operative Ltd.
Southern Railway of British Columbia Limited
South Simcoe Railway Heritage Corporation
St. Lawrence & Atlantic Railroad (Québec) Inc.
St. Paul & Pacific Northwest Railroad Company, LLC
Stewart Southern Railway Inc.
The Essex Terminal Railway Company
The Toronto Terminals Railway Company Limited
The Vintage Locomotive Society Inc. O/A Prairie Dog Central Railway
Thunder Rail Ltd.
Torch River Rail Inc.
Trillium Railway Co. Ltd.
Trillium Railway Co. Ltd. (Port Colborne Harbour Railway)
Transport Ferroviaire Tshiuetin Inc.
Union Pacific Railroad Company
VIA Rail Canada Inc.
West Coast Express Limited
West Coast Railway Association
York-Durham Heritage Railway