Order Pursuant to Section 19 of the Railway Safety Act (MO 15-06)

From: Transport Canada

MO 15-06

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

Pursuant to the provisions of paragraph 19(1)(a) of the RSA, all railway companies and local railway companies listed in Appendix A are hereby ordered to formulate rules respecting the safe and secure operations of trains carrying certain dangerous goods and flammable liquids.

Rules should be based on an assessment of safety and security risks, and shall, at a minimum:

  1. Govern the route and limit the speed of any Key Train to 50 miles per hour (MPH) and govern the route and limit the speed of any Key Train to 40 MPH within Census Metropolitan Areas (CMAs).
  2. Govern the route and limit the speed of any 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 to 40 MPH in areas identified as higher risk through the risk assessment process.  The DOT-111 tank cars include those that are CPC-1232 specification.
  3. Provide for 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 above are applicable and providing that a Key Train shall not be operated otherwise than in accordance with the instructions developed.
  4. Include requirements for any Key Train at meeting or passing points.
  5. Ensure that Key Trains are only operated with cars equipped with roller bearings.
  6. Provide instructions in the rule for setting off a defective car on a Key Train.
  7. Provide minimum safety requirements for Key Routes on which a Key Train may operate including increased minimum inspection frequency for:
    • electronic geometry inspection (i.e., Heavy and Light Geometry Inspection Vehicles as applicable);
    • rail flaw inspection; and,
    • joint bar inspection and repairs in continuous welded rail territory.
  8. Require Wayside Defective Bearing Detectors at specific minimum intervals along Key Routes.
  9. Require initial risk assessments and periodic updates based on significant change to determine the level of risk associated with each Key Route over which Key Trains are operated by the company.  These Key Route Risk Assessments must be conducted for all Key Routes, at a minimum, every three (3) years and must, at a minimum:
    • define each Key Route and include at a minimum mile markers within a subdivision;
    • identify and describe all relevant safety and security-related risks associated with each Key Route;
    • identify and define the factors taken into account in assessing the safety and security related risks associated with each Key Route including:
      1. Annual volumes and types of dangerous goods being transported by class and division;
      2. Rail traffic density;
      3. Trip length for route;
      4. Presence and characteristics of railway facilities;
      5. Track type, class, and maintenance schedule;
      6. Track grade and curvature;
      7. Presence or absence of signals and train control systems along the route (“dark”
        versus signaled territory);
      8. Presence or absence of wayside hazard detectors;
      9. Number and types of grade crossings;
      10. Single versus double track territory;
      11. Frequency and location of track turnouts;
      12. Proximity to iconic targets and natural hazards;
      13. Environmentally sensitive or significant areas;
      14. Population density along the route;
      15. Venues along the route (stations, events, places of congregation);
      16. Emergency response capability and capacity along the route including training of local fire services and municipalities with respect to the volumes and types of dangerous goods being transported;
      17. Areas of high consequence along the route;
      18. Presence of passenger traffic along route (shared track);
      19. Speed of train operations;
      20. Proximity to en-route storage or repair facilities;
      21. Known threats, including any non-public threat scenarios;
      22. Measures in place to address apparent safety and security risks including those pertaining to situations and locations where unattended equipment could move uncontrollably should its means of securement fail;
      23. Availability of practicable alternative routes;
      24. Past incidents;
      25. Overall times in transit;
      26. Training and skill level of crews;
      27. Impact on rail network traffic and congestion; and,
      28. Geohazards
    • 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 and population growth; and,
    • evaluate and compare alternative routes if available. 
  10. Include a process to consult with the Federation of Canadian Municipalities on how to incorporate municipal input on safety and security concerns in risk assessments.  

For the purpose of this Order,

“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:

  1. 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
  2. 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.

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:

a) 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

b) 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 120 days of the date of this Order. 

Brigitte Diogo

Director General, Rail Safety

August 17, 2015

Date 

 

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

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