Whereas the World Health Organization has characterized COVID-19 as a pandemic and that pandemic is affecting Canada;
Whereas, pursuant to section 45 of the Railway Safety ActFootnote a, the Minister of Transport has, in writing, authorized the Director General, Rail Safety, to make an order under section 32.01Footnote 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 32.01Footnote b of that Act;
Therefore, the Director General, Rail Safety, pursuant to section 32.01Footnote b of the Railway Safety ActFootnote a, makes the annexed Order Under Section 32.01 of the Railway Safety Act Due to COVID-19, No. 21.
Ottawa, June 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:
- a fever;
- a cough; and
- breathing difficulties.
Additional questions
(2) In addition to the health check, the company must ask every person
- 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;
- whether they are subject to a provincial or local public health order; and
- 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 of the following persons:
- an employee of the company who is boarding to work on board the railway equipment; and
- 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
- the person’s answers to the health check indicate that they have
- a fever and a cough, or
- a fever and breathing difficulties;
- the company observes during the health check that the person is exhibiting
- a fever and a cough, or
- a fever and breathing difficulties;
- the person’s answer to any of the additional questions asked of them under subsection 3(2) is in the affirmative; or
- 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 June 30, 2022.
Coming into Force
June 1, 2022
7 This Order comes into force on June 1, 2022.
SCHEDULE
(Section 2)
List of Companies
- Great Canadian Railtour Company Ltd.
- Keewatin Railway Company
- National Railroad Passenger Corporation (AMTRAK)
- Pacific & Arctic Railway Navigation, British Columbia & Yukon Railway, British Yukon Railway doing business as White Pass & Yukon Route Railroad (WP&YR)
- Transport Ferroviaire Tshiuetin Inc.
- VIA Rail Canada Inc.