Order under Section 32.01 of the Railway Safety Act due to COVID-19, No. 19

Whereas the World Health Organization has characterized COVID-19 as a pandemic and this pandemic is affecting Canada;

Whereas across Canada, all levels of government are taking measures to mitigate the transmission of COVID-19;

Whereas, pursuant to section 45^{Footnote a} of the Railway Safety Act^{Footnote a}, the Minister of Transport has, in writing, authorized the Director General, Rail Safety, to make an order under section 32.01^{Footnote b} of that Act;

And whereas the Director General, Rail Safety, considers it necessary in the interests of safe railway operations to make an order under section 32.01^{Footnote b} of that Act;

Therefore, the Director General, Rail Safety, pursuant to section 32.01^{Footnote b} of the Railway Safety Act^{Footnote a}, makes the annexed Order Under Section 32.01 of the Railway Safety Act Due to COVID-19, No. 19.

Ottawa, April 1, 2022

Michael DeJong
Director General, Rail Safety

Interpretation

Definition

1. In this Order, COVID-19 means the coronavirus disease 2019.

Health Check

Requirement

2. Subject to section 4, before operating railway equipment on a railway, a company listed in the schedule to this Order must conduct the health check referred to in section 3 of every person before they board the railway equipment.

Health check — questions

3. (1) A company conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

1. a fever;
2. a cough; and
3. breathing difficulties.

Additional question

(2) In addition to the health check, the company must ask every person:

1. whether they have been refused boarding by a company or any other carrier in the past 10 days due to a medical reason related to COVID-19;
2. whether they are subject to a provincial or local public health order; and
3. whether they have, or suspect that they have, COVID-19.

False declaration

(3) The company must advise every person not to provide answers to the health check and to the additional questions in a way that they know to be false or misleading.

Exceptions

4. The company is not required to conduct the health check for any of the following persons:

1. an employee of the company who is boarding to work on board the railway equipment; and
2. a person who provides a medical certificate certifying that the symptoms that they have that are referred to in subsection 3(1) are not related to COVID-19.

Prohibition

5. The company must not allow a person to board railway equipment if

1. the person's answers to the health check indicate that they exhibit
   1. a fever and cough, or
   2. a fever and breathing difficulties;
2. the company observes, during the health check, that the person is exhibiting
   1. a fever and cough, or
   2. a fever and breathing difficulties;
3. the person’s answer to any of the additional questions asked of them under subsection 3(2) is in the affirmative; or
4. the person is a competent adult and refuses to answer any of the questions asked of them under subsections 3(1) and (2).

Expiration

6. This Order expires on April 30, 2022.

Coming into Force

April 1, 2022

7. This Order comes into force on April 1, 2022.

SCHEDULE

(Section 2)

List of Companies

1. Great Canadian Railtour Company Ltd.
2. Keewatin Railway Company
3. National Railroad Passenger Corporation (AMTRAK)
4. Pacific & Arctic Railway Navigation, British Columbia & Yukon Railway, British Yukon Railway doing business as White Pass & Yukon Route Railroad (WP&YR)
5. Transport Ferroviaire Tshiuetin Inc.
6. VIA Rail Canada Inc.