Order under Section 32.01 of the Railway Safety Act due to COVID-19, No. 23

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 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. 23.

Ottawa, September 9, 2022

Stephanie Lines
Acting Director General, Rail Safety

Interpretation

Definition

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

Definition of mask

(2) In this Order, a mask means any mask, including a non-medical mask, that meets all of the following requirements:

• it is made of multiple layers of tightly woven materials such as cotton or linen;
• it completely covers a person’s nose, mouth and chin without gaping;
• it can be secured to a person’s head with ties or ear loops.

Masks — lip reading

(3) Despite paragraph (2)‍(a), the portion of a mask in front of a wearer’s lips may be made of transparent material that permits lip reading if

• the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
• there is a tight seal between the transparent material and the rest of the mask.

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)‍.

Masks

Non-application

6 Sections 7 to 9 do not apply to any of the following persons:

• a child who is less than six years of age;
• a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
• a person who is unconscious;
• a person who is unable to remove their mask without assistance.

Possession of mask

7 Before operating railway equipment on a railway, a company listed in the schedule to this Order must require that every person be in possession of a mask before boarding the railway equipment.

Wearing of mask

8 (1) The company must require that every person wears a mask during the boarding process and while on board the railway equipment.

Exceptions

(2) Subsection (1) does not apply

• when the safety of the person could be endangered by wearing a mask;
• when the person is drinking or eating, unless an employee of the company instructs the person to wear a mask;
• when the person is taking oral medications;
• when an employee of the company authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
• when an employee of the company authorizes the removal of the mask to verify the person’s identity.

Prohibition

9 The company must not permit a person to board the railway equipment if the person refuses to comply with an instruction given by an employee of the company with respect to wearing a mask.

Expiration

10 This Order expires on December 9, 2022.

Coming into Force

September 10, 2022

11 This Order comes into force on September 10, 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.