Rail Safety - FAQs

These Regulations set out the planning and preventative measures required by railway companies and local railway companies to reduce the likelihood of fires caused by railway operations.

They apply to all federally-regulated railway companies, including local railway companies, operating on federal track.

The Regulations aim to reduce the likelihood of fires occurring on line works, e.g. a line of railway (track), or a structure built across, beside, under or over a line of railway, that facilitates railway operations. They also clarify the role of companies in regards to the prevention and control of fires.

The department consulted with the railway industry and other stakeholders such as unions during the development of the Regulations. In addition, they were pre-published in the Canada Gazette, Part I on May 21, 2016 for a 30-day public comment period.

The key requirements of the Regulation are:

Railway companies must develop:

• A fire preparedness plan that includes procedures for:
  • extinguishing or controlling a fire
  • internal notification; and
  • fire services notification.
• A fire hazard reduction plan that includes:
  • a process for identifying fire hazards;
  • measures for reducing or eliminating fires hazards; and
  • measures to take for each fire danger level used in the Canadian Wildland Fire Information System (CWFIS) when railway companies conducts high-risk work.

Railway companies must also provide:

• Mandatory training for railway employees who perform high-risk work to ensure that fire extinguishment equipment and fire suppression equipment are used by trained individuals.
• Fire suppression equipment to be used by employees and contractors who perform high-risk work as set out in the railway company’s fire hazard reduction plan.
• Copies of all records, plans or documents for five years to the Minister of Transport upon request.

High risk work involve the use of a rail-grinding train or the controlled burning of brush. Railway companies will be required to notify fire services when performing high-risk work if the fire danger is rated as high to extreme on the Canadian Wildland Fire Information System (CWFIS) Interactive Map.

The Canadian Wildland Fire Information System (CWFIS) is a computer-based system that monitors fire danger levels across Canada using daily weather conditions collected and used to produce fire weather and fire behaviour maps.

The Canadian Wildland Fire Information System (CWFIS) – Interactive map is published on the Department of Natural Resources website at the following URL: http://cwfis.cfs.nrcan.gc.ca/interactive-map

While local railway companies have a limited role in controlling fires, as they operate on track owned by federal railway companies, they do have a role in preventing fires.

Local railway companies are required to:

• develop and implement fire preparedness plans;
• maintain up-to-date emergency contact information; and
• keep all plans and records for five years.

The Prevention and Control of Fires on Line Works Regulations came into force on June 16, 2017.

To learn more about the Prevention and Control of Fires on Line Works Regulations please consult the Canada Gazette website at: http://www.gazette.gc.ca/rp-pr/p2/2016/2016-12-28/html/sor-dors317-eng.php

An Omnibus Repeal is an initiative that repeals a number of regulations. In this case, Transport Canada repealed a number of outdated and unnecessary Rail Safety regulations.

The following Regulations were repealed:

1. Algoma Central Railway Traffic Rules and Regulations
2. Canadian National Railway Passenger Train Travel Rules and Regulations
3. Canadian Pacific Railway Traffic Rules and Regulations
4. Dominion Atlantic Railway Traffic Rules and Regulations
5. Grand River Railway Traffic Rules and Regulations
6. Lake Erie and Northern Railway Traffic Rules and Regulations
7. Quebec Central Railway Traffic Rules and Regulations
8. Railway Abandonment Regulations
9. Specification 112 and 114 Tank Cars Regulations
10. Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations
11. Railway Hygiene Regulations
12. Heating and Power Boilers Regulations

The department repealed these regulations to help clarify the Rail Safety regulatory regime. In some instances, regulations were repealed to remove duplication with newer regulatory requirements and, in other cases, the requirements were simply outdated.

No, the repeal of these regulations does not compromise the safety of railway operations. The repeal only eliminates requirements that are no longer required or have been replaced with more up-to-date requirements found in other legislation or regulations.

1. To learn more on the Omnibus Repeal of Safety Regulations, please consult the Canada Gazette website at: http://www.gazette.gc.ca/rp-pr/p2/2016/2016-12-28/html/sor-dors319-eng.php

The Rule Respecting Key Trains and Key Routes is one of the rules governing the transportation of dangerous goods by rail in Canada. The objective of this rule is to further strengthen railway safety. The requirements in the rule seek to reduce the risks and the consequences of rail accidents involving dangerous goods. As such, in addition to imposing speed limitations, the rule puts emphasis on track maintenance; risk assessments and mitigation; and allows for the incorporation of safety and security concerns of municipalities and other levels of local government in risk assessments to be conducted by railway companies.

For a complete list of measures taken by the department to enhance the safe transportation of dangerous goods by rail, please visit https://tc.canada.ca/en/measures-enhance-railway-safety-safe-transportation-dangerous-goods.

A Key Train means a train carrying one or more loaded tank cars of dangerous goods that are toxic by inhalation or 20 or more loaded tank cars are carried containing dangerous goods.

A Key Route means any track on which, over a period of one year, is carried 10,000 or more loaded tank cars containing dangerous goods.

The key requirements of the rule include:

• Reduced Speed – Railway companies must limit the speed of trains carrying dangerous goods to a maximum of 50 miles per hour (80km/h) in all areas, and to a maximum of 40 miles per hour (64 km/h) in the most densely populated areas and where dangerous good are being transported in older tank cars in higher risk areas.
• Increased Track Inspections – The rule prescribes requirements for increased track inspection on Key Routes.
• More Robust Key Route Risk Assessments – Railway companies must conduct risk assessments of key routes over which key trains are operated by the company. These risks assessments must consider, at a minimum, 28 safety and security factors including environmental and emergency response capacity considerations.
• Municipal/Local Government Input in Key Route Risk Assessments – The rule provides a process for railway companies to incorporate input from municipal/and other levels of local government into Key Route risk assessments.

The rule requires companies to limit the speed of trains carrying certain quantities of dangerous goods to 50 MPH (80 km/h) everywhere and to 40 MPH (64 km/hr) in the most densely populated areas and where dangerous goods are being transported in older tank cars in higher risk areas.

The speed restrictions were established to reduce the risks of transporting dangerous good sby rail and are similar to U.S. requirements.

Transport Canada is dedicated in ensuring a rigorous and robust rail safety regime in Canada. For Transport Canada, one victim of a train accident is one victim too many.

The rule requires companies to limit the speed of key trains to 50 MPH (80 km/h) everywhere in Canada. As a further risk reduction measure, the speed limit of key trains is further reduced to 40 MPH (64 km/h) in the most densely populated areas.

There are several ways in which Transport Canada monitors compliance with speed restrictions under the Railway Safety Act and applicable rules. Mechanisms include radar speed gun technology, analyzing locomotive data downloads and conducting on-board train monitoring where the inspector accompanies the conductor on-site (on-board the train). In addition, Transport Canada periodically reviews railway operating instructions to their employees regarding train speed.

Yes. The rule requires railway companies to identify, evaluate and compare alternative routes in conducting their risk assessment when they are able to do so. Transport Canada recognizes that companies may be limited in their ability to evaluate and compare alternative routes they do not operate on.

A risk assessment is a systematic, proactive approach to identifying, analyzing and addressing safety risks associated with a railway company’s operations. Railway companies complete risk assessments on a regular basis to address areas of operational risk.

The rule requires railway companies to conduct a risk assessment to determine the level of risk associated with each Key Route over which Key Trains are operated. Companies must consider, at a minimum, 28 factors when conducting risk assessments.

The rule provides a process for railway companies to incorporate input from municipalities and other levels of local government into Key Route risk assessments.

Contact information for the railway company will be made available through a publicly-accessible website for municipalities and other levels of local government to submit safety and security concerns for railway companies to consider in their Key Route risk assessments.

Railway companies will respond to municipalities and other levels of local government regarding, for example, how risks in their areas are being mitigated.

No. While Transport Canada reviews railway company risk assessments, the risk assessments belong to the railway companies. The rule does require railway companies to respond to municipalities and other levels of local government regarding how risks in their areas are being mitigated.

Transport Canada carries out a program of risk-based inspections to oversee railway companies’ compliance with regulatory requirements. This program is informed by data from numerous sources including the department’s previous inspections and data from past accidents.

Transport Canada has a robust railway safety oversight program in place. Transport Canada monitors railway companies for compliance with rules, regulations, and standards through audits and inspections. Monitoring activities are planned annually, reviewed regularly and revised as required using evidence-based risk indicators.

Should an issue of non-compliance be identified, there is a range of enforcement tools available based on the severity of the non-compliance. Transport Canada does not hesitate to take appropriate enforcement action. For more information on the types of actions the department can take can be found at: https://tc.canada.ca/en/rail-transportation/enforcement-action-measures-mitigate-threats-rail-safety.

For a complete list of measures taken by the department to enhance railway safety and the transportation of dangerous goods, please visit https://tc.canada.ca/en/measures-enhance-railway-safety-safe-transportation-dangerous-goods.

Please refer to the comparison table at the following link: https://tc.canada.ca/en/rail-transportation/rail-safety/emergency-directive-rules-respecting-key-trains-key-routes-comparison-table

A safety management system is a documented framework for integrating safety into day-to-day company operations. A safety management system generally includes several elements such as a safety policy, safety targets, a risk assessment process and monitoring procedures.

Once fully integrated in an organization, a safety management system becomes part of the culture and the way people do their jobs.

A safety management system provides a proactive approach to identifying safety risks and to taking action to eliminate or mitigate those risks in order to prevent accidents and other dangerous situations.

No, safety management systems are not self-regulation. Railway safety management system regulations do not eliminate or replace any other regulatory requirements. Transport Canada conducts inspections to verify industry compliance with the Railway Safety Act and rules, regulations and engineering standards made under the Railway Safety Act, in addition to conducting audits to verify compliance with the railway safety management system regulatory requirements.

Safety management systems increase safety by having companies put formal processes in place to proactively identify and address safety concerns before Transport Canada's intervention, and before concerns become major safety issues.

Transport Canada cannot provide a copy of a company's safety management system or documents from their safety management system to the public without permission from the company. While Transport Canada audits a company's safety management system, it belongs to the company. Under the Access to Information Act, the Government of Canada cannot disclose records that contain financial, commercial, scientific or technical information that is confidential information supplied to a government institution by a third party. Please contact the company directly for information about their safety management system.

The Railway Safety Management System Regulations, 2015 apply to all companies that fall under the authority of the Railway Safety Act. This includes federal railway companies and local railway companies.

Local railway companies are provincial short lines, light rail transit, and tourist trains that operate equipment on federally-regulated tracks.

The Railway Safety Management System Regulations, 2015 are in force as of April 1, 2015.

No, the 2001 Railway Safety Management System Regulations are repealed and replaced by the new Railway Safety Management System Regulations, 2015.

Transport Canada developed the new Railway Safety Management Systems Regulations, 2015 following legislative changes to the Railway Safety Act and more than 10 years of lessons learned in providing regulatory oversight of safety management systems.

Amendments to the Railway Safety Act, which came into force in May 2013, respond to recommendations from the 2007 Railway Safety Act Review and the 2008 study on rail safety by the Standing Committee on Transport, Infrastructure and Communities (SCOTIC) related to improving the implementation and effectiveness of railway safety management systems.

The Railway Safety Management System Regulations, 2015 apply to local railway companies as well as federal railway companies and provide greater clarity and details for enforcing the regulations.

Regulatory requirements include:

• Identification of an accountable executive responsible for the company's safety management system;
• A procedure for employees to report to the railway company, without fear of reprisal, a safety hazard or contravention; and
• The use of fatigue science principles when scheduling work of certain railway employees.

Transport Canada consulted the railway industry and other stakeholders during the development of the Railway Safety Management System Regulations, 2015. The regulations were also pre-published in the Canada Gazette, Part I on July 5, 2014 for a 90-day public comment period.

No. Transport Canada recognizes that companies need time to build or update their safety management systems (SMS) to meet the new requirements. Transport Canada is committed to assisting companies in developing and progressively implementing their systems, especially those who are new to SMS.

During the initial transition phase, Transport Canada’s oversight of company safety management systems will focus on education and awareness about the new requirements and the promotion of compliance with the Railway Safety Management System Regulations, 2015.

While Transport Canada supports progressive implementation of company safety management systems to maintain safety and allow for a smooth transition from the 2001 Regulations to the new 2015 Regulations, the department expects and will enforce immediate compliance with the following requirements of the new Railway Safety Management System Regulations, 2015:

• railway companies and local railway companies operating on main track to designate an accountable executive;
• all companies to notify the Minister of Transport of certain changes to railway operations and, if requested, provide related risk assessment documents; and
• all companies to conduct risk assessments to manage safety issues, using a risk assessment process.

Federal railway companies need to develop and implement a safety management system, create an index of all required processes, keep records, notify the Minister of proposed changes to their operations, and file safety management system documentation with the Minister when requested.

More specifically, federal railway companies must develop and implement a safety management system that includes:

• Accountability: Identification of an accountable executive who is responsible for the company's safety management system.
• A safety policy: A written company commitment to promoting railway safety.
• Ensuring compliance with regulations, rules and other instruments: Includes listing the regulations, rules and other instruments that apply to the railway company, monitoring changes to them and ensuring company compliance.
• Managing railway occurrences: A communicated procedure for employees to report an occurrence, such as an unplanned and uncontrolled train movement, to management and reviewing the occurrence.
• Identifying safety concerns: Analysis to identify trends and repetitive situations that may be a safety concern.
• Risk assessments: Evaluation of the level of risk of an identified safety concern or of risks that may be posed by a potential change to railway operations;
• Remedial action: Taking action to address identified safety risks and evaluating the effectiveness of the action taken.
• Safety targets and initiatives: Establishing annual safety targets and developing related initiatives to achieve each target.
• Reporting contraventions and safety hazards: Procedure for employees to report to the railway company, without fear of reprisal, a safety hazard or contravention.
• Managing knowledge: Listing the essential duties for safe railway operations, the positions performing those duties, and ensuring that employees in those positions have the required qualifications for performing each duty.
• Scheduling: Apply principles of fatigue science when scheduling work of certain railway employees.
• Continual improvement: Continuous monitoring by the company of the implementation of its safety management system and the completion, by the company, of an internal audit of its system every three years.

The full requirements for federal railway companies are detailed in the Railway Safety Management System Regulations, 2015.

Local railway companies that operate on main track need to develop and implement a safety management system, create an index of all required processes, keep records, notify the Minister of proposed changes to their operations, and file safety management system documentation with the Minister when requested.

More specifically, local railway companies that operate on main track must develop and implement a safety management system that includes processes for:

• Accountability;
• A safety policy;
• Ensuring compliance with regulations, rules and other instruments;
• Identifying safety concerns;
• Risk assessment;
• Implementing and evaluating remedial action;
• Establishing targets and developing initiatives; and
• Continual improvement of the Safety Management System.

The full requirements for local railway companies that operate on main track are detailed in the Railway Safety Management System Regulations, 2015.

Local railway companies that operate on non-main track also need to develop and implement a safety management system, create an index of all required processes, keep records, notify the Minister of proposed changes to their operations, and file safety management system documentation with the Minister when requested.

More specifically, local railway companies that operate on non-main track must develop and implement a safety management system that includes processes for:

• A safety policy;
• Ensuring compliance with regulations, rules and other instruments;
• Identifying safety concerns;
• Risk assessment; and
• Implementing and evaluating remedial action.

The full requirements for local railway companies that operate on non-main track are detailed in the Railway Safety Management System Regulations, 2015.

Main track is a line of railway on which the movement of railway equipment, such as rail cars and locomotives, is authorized by a railway company.

Example: A freight train operated by a local railway company in British Columbia travelling from New Westminster to Chilliwack on track owned by a federal railway company, such as CP Rail, where the authority is conveyed by a method of control, such as Centralized Traffic Control (CTC), Occupation Control System (OCS), Cautionary Limits or Special Instructions.

Non-main track is a line of railway other than main track.

Example: A train operated by a local railway company in Ontario carrying freight to and from a pulp and paper mill on yard track owned by a federal railway company and considered by the host railway as other than main track.

Please see the Railway Safety Management System Regulations, 2015 for official definitions of main track and non-main track.

 

Yes, there are requirements for companies to keep safety management system records under the new Railway Safety Management System Regulations, 2015. Federal railway companies and local railway companies that operate on main track must keep their records for six years, and local railway companies operating on non-main track must keep their records for three years.

The full requirements for company records are detailed in the Railway Safety Management System Regulations, 2015.

Federal railway companies and local railway companies operating on main track company must file the following safety management system information with the Minister of Transport upon request:

• Index of the company's safety management system;
• Safety targets and initiatives;
• Annual monitoring report;
• Signed internal audit;
• Risk assessments

A local railway company operating on non-main track must file an index of the company's safety management system and risk assessments with the Minister of Transport upon request.

The full requirements for filing and notification are detailed in the Railway Safety Management System Regulations, 2015.

A company must file its safety management system information with the Minister, or delegated authority, upon request. The Minister can request safety management system information from both federal and local railway companies at any time.

The full requirements for filing information with the Minister of Transport are detailed in the Railway Safety Management System Regulations, 2015

Yes, a company must notify the Minister of Transport prior to making an operational change that may affect public or employee safety, property or the environment. Operational changes requiring notification include, but are not limited to:

• Technology;
• Transportation of dangerous goods;
• Railway construction and works; and
• Personnel changes, such as increasing or decreasing the number of employees or their duties.

Companies must conduct a risk assessment prior to making a proposed operational change and file their risk assessment documentation with the Minister of Transport upon request.

The full requirements for filing and notification are detailed in the Railway Safety Management System Regulations, 2015.

A company must conduct a risk assessment under the Railway Safety Management System Regulations, 2015 when the company:

• Identifies a safety concern;
• Intends to start transporting dangerous goods or a different type of dangerous goods; or
• Proposes any operational change that may affect safety, property or the environment.

The full requirements for safety management system risk assessments are detailed in the Railway Safety Management System Regulations, 2015.

Risk assessments conducted under the Railway Safety Management System Regulations, 2015 must:

• Describe why the risk assessment is required (intention to start transporting dangerous goods, for example);
• Identify and describe the risks;
• Identify factors (people, property and the environment, for example) that may be affected;
• Indicate the likelihood that each risk will occur and the severity of its consequences;
• Identify risks requiring remedial action; and
• Identify remedial actions to reduce the likelihood or severity of the risks.

The full requirements for safety management system risk assessments are detailed in the Railway Safety Management System Regulations, 2015.

Transport Canada does not approve a company's safety management system. Transport Canada conducts audits to verify industry compliance with the Regulations through its oversight program.

Transport Canada conducts audits to verify industry compliance with Regulations through its oversight program. Transport Canada oversight activities include monitoring railway companies for compliance with rules, regulations and standards through audits and inspections and taking appropriate action as required.

Audits look at company safety policies, procedures and processes to determine whether or not the company is compliant with the Regulations. Transport Canada is committed to auditing every railway company under its jurisdiction on a three to five year cycle.

The Railway Safety Management System Regulations, 2015 require railway companies to file safety management system information and risk assessments with the Minister, or delegated authority, upon request. Company safety management system information enables Transport Canada's assessment of the effectiveness and improvement of a company's system.

The department's oversight program also includes inspections to verify compliance with the Railway Safety Act, and rules, standards and regulations made under the Act. Inspections are examinations of railway operations, equipment and engineering, as well as emerging issues (i.e. bridge inspections during high flooding). Transport Canada conducts approximately 30,000 railway safety inspections every year.

If an audit reveals non-compliance with the Regulations, Transport Canada takes appropriate action, based on the severity of the non-compliance and involving one or more enforcement tools.

A crossing is blocked when a train prevents drivers and pedestrians from passing at a public grade crossing.

The Grade Crossings Regulations state that:

• railway companies cannot conduct regular railway operations or leave railway equipment blocking a public grade crossing for more than five minutes when drivers and pedestrians are waiting to cross, unless the railway equipment is continually moving in one direction.
• when emergency vehicles need to pass through, railway companies must take all measures to immediately clear the crossing.

Contact your Transport Canada regional office and give them this information:

• location of the crossing (city and intersection/road);
• date and time;
• name of the railway company;
• what the train was doing and for how long.

A safety concern is created when railway equipment blocks a crossing on a regular basis and has the potential to cause physical harm, property loss and/or have environmental impacts regardless of the length of time that it blocks the passage.

For example, when a public grade crossing is on the primary access route of an emergency vehicle.

You should first contact your municipality if you think there is a safety concern about a blocked crossing.

Safety concerns are assessed on a case by case basis and the process for road authorities and railway companies to resolve a safety concern is explained in the Grade Crossings Regulations. In summary:

1. The municipality must pass a resolution stating that the blocked crossing is creating a safety concern;
2. The municipality, provincial government or band council (road authority) writes to the Minister of Transport ‎and the railway company to inform them of the resolution;
3. The railway company and the road authority must work together to resolve the safety concern within 90 days.

The road authority must notify the Minister of Transport if they can’t resolve the safety concern with the railway company within the 90 day period. The Minister of Transport may take further action to resolve the matter.

You should immediately call the railway company’s emergency telephone number if you:

• become aware of an emergency situation at a railway crossing;
• see an emergency vehicle, such as an ambulance that is stopped at a blocked crossing that needs to pass immediately

You can find the railway company’s emergency telephone number and the crossing’s location information on railway crossing signs or on a nearby electrical housing compartment, also known as a signal bungalow.

Make sure to give the railway company the location of the blocked crossing and a description of the emergency situation so they can take immediate action to clear the crossing. In addition, it’s recommended that you contact your municipality.

Effective immediately, railway companies must provide road authorities with the following safety information about new public grade crossings:

• location
• number of railway tracks
• average number of trains per day
• track speed
• crossing angle
• warning system
• signs
• train whistling

This information must also be provided about existing public crossings within two years of the Grade Crossings Regulations coming into force (by November 27, 2016).

The full requirements for safe grade crossings, including information sharing, are detailed in the Grade Crossings Regulations.

There are no information sharing requirements for private crossings.

Effective immediately, road authorities must provide railway companies with the following safety information about new public grade crossings:

• location
• number of road traffic lanes
• average road traffic per day
• road speed
• geometric classification of road and approach
• width of traffic lanes
• design vehicle
• stopping sight distance
• grade of road approach
• longest time required for a vehicle or pedestrian to pass through the crossing
• advance activation time
• pre-emption time
• whether the sidewalk, path or trail has been designated for persons using assistive devices.

This information must also be provided about existing public crossings within two years of the Grade Crossings Regulations coming into force (by November 27, 2016).

The full requirements for safe grade crossings, including information sharing, are detailed in the Grade Crossings Regulations.

A 'design vehicle' is the most restrictive vehicle that authorities expect to use the grade crossing on a regular basis. The design vehicle is used to determine the safety traits when building or upgrading a grade crossing.

The road authority chooses the design vehicle for a public grade crossing. The railway company chooses the design vehicle for a private grade crossing.

A design vehicle represents the typical user of a grade crossing (trucks, buses, etc) and is used to determine the safety traits when building or upgrading a grade crossing.

Types of design vehicles are shown in Figures 1.2.4.1 to 1.2.4.11 of the Geometric Design Guide for Canadian Roads (1999), published by the Transportation Association of Canada.

The design vehicle for a public grade crossing is most often determined by the road authority. For private crossings, however, the railway company often selects the design vehicle.

The design vehicle should be selected based on the traffic the grade crossing is expected to see.

Considerations for selecting the design vehicle include:

• what vehicles are expected to routinely use the crossing
• local knowledge of the road network and land use
• experience of the railway company and road authority
• truck route, industrial park and farming use of the crossing

Safe and unobstructed sightlines, or lines of sight, allow road users and pedestrians enough time to see and react to an oncoming train at a grade crossing.

Road authorities, private authorities and railway companies are responsible for maintaining safe and unobstructed sightlines at grade crossings.

The requirements for sightlines vary depending on the safety design of the grade crossing, including railway and roadway speeds, stopping distance and the grade of the road, among others. Examples of sightline requirements include prohibiting the placement of buildings or objects, trees and brush and unattended railway equipment that may obstruct sightlines.

Effective immediately, all new grade crossings must comply with the requirements for safe sightlines detailed in the Grade Crossings Regulations and the Grade Crossings Standards. The sightline requirements must also be met for existing crossings within seven years of the Grade Crossings Regulations coming into force (by November 27, 2021).

A safe crossing is a visible crossing.

The Grade Crossings Regulations and Grade Crossings Standards supersede the Minimum Railway/Road Crossing Sightline Requirements for All Grade Crossings without Automatic Warning Devices G4-A. While the G4-A guideline may still be used as a quick reference guide, the sightline requirements in the Grade Crossings Regulations and Grade Crossings Standards are more flexible and descriptive.

A grade crossing is an intersection where a road or path crosses railway tracks at the same level. Grade crossings are also known as level crossings, railway crossings and train crossings.

Grade crossings are not intersections where a road goes over (such as a bridge or an overpass) or under (such as a tunnel or an underpass) railway tracks.

There are approximately 23 000 federally-regulated grade crossings across Canada (14 000 public crossings and 9 000 private crossings) along more than 40 000 km of federally-regulated railway tracks.

A passive grade crossing is equipped with non-electric traffic control systems that notify motorists of the crossing and the likelihood of an approaching train. Examples of non-electric traffic control systems used include railway crossing signs, stop signs and railway crossing ahead signs. The majority of the grade crossings in Canada are passive.

 

An active grade crossing is equipped with electronic traffic control systems. Electronic traffic control systems use a combination of railway crossing signs, flashing lights, bells, gates and traffic signal pre-emption to alert motorists of an approaching train.

 

No, a crossing cannot be closed without the permission from the municipality. The railway company and the municipality must both agree to the closure of a grade crossing.

If the two parties disagree, the Canadian Transportation Agency can help resolve disputes related to railway crossings.

If the private authority for the crossing was not contacted before a crossing was closed, there is a possibility that no agreement exists for that particular crossing. Transport Canada encourages railway companies to work with private authorities on reaching an agreement. You may wish to contact the Canadian Transportation Agency for more information.

 

Yes, an existing crossing may be closed instead of upgraded to comply with the Grade Crossings Regulations.

First, the railway company and road authority must both agree to close the crossing.

Next, an agreement to close the crossing in the interest of safe railway operations must be submitted to the Canadian Transportation Agency.

The Grade Crossing Closure Program is available for crossing closures that may be eligible for funding contributions. The Rail Safety Improvement Program is available for crossing closures that may be eligible for funding contributions.

Transport Canada can help if a railway company and a road authority do not agree on safety measures at a grade crossing.

For example, if a lack of agreement between a railway company and road authority leads to the safety requirements not being met at a grade crossing, Transport Canada may use enforcement actions that may include ordering the closure of the crossing.

Contact us at railsafety@tc.gc.ca or 1-844-897-RAIL (7245).

If a railway company and a road authority disagree on who should pay for railway work at a crossing, either party can ask the Canadian Transportation Agency to apportion the costs of the project.

The Transportation Information Regulations set out what information and data elements are required to be submitted to the Department of Transport.

The Transportation Information Regulations are available at http://laws.justice.gc.ca/eng/regulations/SOR-96-334/.

The Transportation Information Regulations cover all modes of transport - air, marine, rail and road. More specifically: air carriers, rail carriers, motor carriers, air services undertakings, deep waterway undertakings, grain handling undertakings, port authorities and the Canada Border Services Agency.

Transport Canada amended the Transportation Information Regulations to include railway safety data to help proactively identify areas of risk.

The railway safety data amendments to the Transportation Information Regulations came into force on April 1, 2015.

The railway companies must submit their first safety data collection through the secure portal to Transport Canada by January 15, 2016. This will cover the data collection period from April 1, 2015 to October 31, 2015.

The safety data amendments to the Transportation Information Regulations apply to Class I and Class II railways.

Class I railways are companies with a gross revenue of at least $250,000,000 per year. Class II railways are companies with a gross revenue of less than $250,000,000 per year. For detailed definitions, please see the Transportation Information Regulations.

Railway companies are required to collect information on each of the 15 safety leading indicators under the Transportation Information Regulations and submit them to Transport Canada. Railway companies must respect the reporting timelines set out in the regulations.

The Transportation Information Regulations are made under the Canada Transportation Act. Any person who contravenes the Canada Transportation Act or a regulation made under the Act, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $5,000 for individuals and $25,000 for corporations.

Transport Canada will follow-up directly with any railway company found to be in non-compliance with the Transportation Information Regulations.

Yes. Following the 2007 Railway Safety Act Review report, a working group was established, which included members of industry, unions and government. The working group identified leading indicators for railway safety as a response to recommendations from this review.

As well, amendments to the Transportation Information Regulations were pre-published in the Canada Gazette, Part I in summer of 2014, for a 30-day public comment period.

Railway companies are required to submit data on 15 safety leading indicators under three overarching themes: Operations, Equipment and Engineering.

The 15 leading indicators are:

• Information relevant to day-to-day railway staffing and training activities, including:
  1. Summary of personnel proficiency tests and results.
• Information relevant to the condition and maintenance of locomotives and rolling stock, including:
  2. Number of locomotives set off en route for mechanical reasons;
  3. Number of cars set off en route for mechanical reasons;
  4. Number of train pull aparts caused by broken knuckle or broken drawbar; and
  5. Number of broken or cracked wheels found on a train in a yard or in a repair facility.
• Information relevant to fixed railway infrastructure, including bridges, track, culverts, signalling and grade crossings, in particular:
  6. Deviations from the track geometry standards set out in the Rules Respecting Track Safety;
  7. Deviations from the defective rail standards set out in the Rules Respecting Track Safety detected using rail flaw testing activities;
  8. Number of in-service rail failures;
  9. Number of in-service joint pull aparts;
  10. Total tonnage per segment of track;
  11. Information related to any malfunction of an automated warning system (AWS) for which a trouble ticket was issued;
  12. Information related to any malfunction of a wayside inspection system (WIS) for which a trouble ticket was issued;
  13. Information related to any malfunction of a wayside signal system (WSS) for which a trouble ticket was issued;
  14. Number of culverts requiring continued monitoring at the end of the reporting period; and
  15. Number of bridges with temporary slow orders at the end of the reporting period.

For detailed description of each safety leading indicator, please see the Transportation Information Regulations.

Leading indicators are measurable factors used proactively to identify and mitigate risks before accidents occur.

Railway companies will submit their safety-related data electronically to Transport Canada through a secure web portal.

No. The safety data provided by the railway companies submitted to Transport Canada, under the Transportation Information Regulations are not available to the public. As per section 20 of the Access to Information Act, the Government of Canada cannot disclose third party information. As a railway company's data is third party information, it is up to them to decide whether or not they share their information with the public.

Additionally, the railway safety data amendments are made under the authority of the Canada Transportation Act, which contains provisions governing the security and accessibility of information obtained under its jurisdiction.

A Railway Operating Certificate is an official document issued by Transport Canada that authorizes a federal railway company or a local railway company to operate in Canada. A Railway Operating Certificate is required to operate a railway under the Railway Safety Act.

All companies that fall under the authority of the Railway Safety Act are required to obtain a Railway Operating Certificate. This includes:

• federal railway companies, who must also hold a Certificate of Fitness from the Canadian Transportation Agency; and
• local railway companies, which include provincially-regulated shortlines, light rail transit, and tourist trains that operate equipment on federally-regulated tracks.

Yes, federal railway companies need a Railway Operating Certificate as well as a Certificate of Fitness.

Federal railway companies are required to obtain a Certificate of Fitness from the Canadian Transportation Agency based on having adequate insurance to operate.

A Railway Operating Certificate does not expire and does not need to be renewed. The certificate is valid until the company ceases operations, changes legal name or ownership, is acquired by another company (in whole or in part), or until the certificate is varied, suspended or cancelled by Transport Canada.

To maintain a valid Railway Operating Certificate, companies must continue to meet the requirements for the certificate and comply with any terms and conditions identified by Transport Canada. Companies must also continue to meet the requirements of the Railway Safety Act, and any regulations, rules, orders, standards, and emergency directives made under the Act.

No. Companies are issued one Railway Operating Certificate that lists all types of railway operations the company is allowed to conduct, such as transporting passengers, freight, or operating and maintaining line works.

Yes. If a company is planning to change their type of railway operations they need a new Railway Operating Certificate. Requirements for a Railway Operating Certificate are different based on the type of operations a company conducts, including the transport of passengers, the transport of freight and maintenance of line works.

Yes. When authorizing a company to conduct operations, Transport Canada may place terms and conditions on a Railway Operating Certificate to limit or restrict operations where deemed necessary for safe railway operations. A company must comply with any terms and conditions on its certificate. For example, terms and conditions may restrict operating speeds due to track conditions, prohibit operations on segments of a company's network until improvements are made, or limit the geographical areas in which a company will be authorized to operate.

Furthermore, any current Transport Canada safety mitigating actions issued to existing companies may become terms and conditions on the company's Railway Operating Certificate unless the company fully resolves the safety issue prior to Transport Canada issuing their operating certificate.

Yes, the list of companies that have a valid Railway Operating Certificate is available at Railway Operating Certificate Regulations.

Starting January 1, 2015, companies can apply for a Railway Operating Certificate by completing an variation application form and submitting a scanned copy to Transport Canada by email at railsafety@tc.gc.ca or the original by registered mail to:

Rail Safety Regulatory Affairs
Transport Canada
Mailstop: ASRR
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5

For examples of completed applications, please see the sample Railway Operating Certificate application (PDF format (1.05 MB)) for railway companies and the sample application for local railway companies, (PDF format (1.07 MB).

As of January 1, 2015, new companies must obtain a Railway Operating Certificate prior to commencing operations in Canada. Companies should submit their application to Transport Canada no later than 120 days before their desired start date.

As of January 1, 2015, existing companies have until January 1, 2017 to obtain a Railway Operating Certificate, giving them a two-year grace period. The grace period applies to companies that were operating on federally-regulated track when the regulations came into force and to companies that conducted regular seasonal operations in 2014. Applications must be submitted to Transport Canada no later than September 1, 2016 (120 days before January 1, 2017).

For companies that suspended their operations prior to January 1, 2015 or for any new operators since January 1, 2015, a ROC must be obtained before they can begin or resume operating.

A company needs to meet baseline safety requirements to obtain a Railway Operating Certificate. Requirements, also known as conditions of issuance, are different for railway companies and local railway companies and differ based on operations that involve the transport of passengers or freight.

The conditions of issuance include essential railway safety rules that a company must submit to Transport Canada for approval prior to obtaining a Railway Operating Certificate.

The requirements for railway companies to obtain a Railway Operating Certificate include:

• Canadian Rail Operating Rules;
• Rules respecting the management of fatigue for operating employees, medical fitness for duty of employees who hold positions that are critical to safe railway operations and employee qualifications;
• Rules for the operation and maintenance of line works by railway companies (if applicable);
• Rules for companies that transport passengers (if applicable); and
• Rules for companies that transport freight (if applicable).

The requirements for local railway companies to obtain a Railway Operating Certificate include:

• Canadian Rail Operating Rules;
• Rules for companies that transport passengers (if applicable);
• Rules for companies that transport freight (if applicable);

Local railway companies are also required to list agreements with host railway companies and/or provincial or territorial laws that contain any provisions that deal with railway safety. They will need to describe safety requirements in place for employee qualifications, medical fitness for duty, and fatigue management. While these safety-related requirements do not fall under federal jurisdiction for local railway companies, they help demonstrate that the company has the human and financial resources to operate at the highest level of safety.

The full conditions of issuance and the required contents of an application for a Railway Operating Certificate are detailed in the Railway Operating Certificate Regulations.

Yes. Companies may submit an application for a Railway Operating Certificate at the same time as they submit their rules for Transport Canada's approval. Please note, however, that Transport Canada will only begin the 120-day assessment of the company's application for a Railway Operating Certificate once the company's rules have been approved.

For information about submitting railway safety rules for Transport Canada's approval, please see our Guideline on Submitting a Proposed Rule or a Revision to a Rule under the Railway Safety Act.

Companies should consult on their rules at least 240 days before the desired start date of operations and submit their rules to Transport Canada for approval at least 180 days before their desired start date.

There is no fee to apply for a Railway Operating Certificate.

In addition to having railway safety rules approved by Transport Canada, applicants are required to have the human and financial resources to operate at the highest level of safety. This means that the company has, and will continue to have, sufficient (proportionate with the size, nature and complexity of its operations) financial resources, and human resources to not only comply with applicable regulatory requirements, but also to identify, assess and successfully mitigate threats to safe railway operations.

Transport Canada has 120 days, from when the complete application is received, to decide whether to issue, refuse to issue or place terms and conditions on a company's Railway Operating Certificate.

Terms and conditions may be modified or removed from a company's Railway Operating Certificate by applying to Transport Canada for variation to the company's Railway Operating Certificate. For example, terms and conditions may no longer be necessary once a condition is met, a term is no longer applicable or remedial action has been taken by the company to mitigate risks to safe railway operations.

A variation is the removal or modification of a term or condition placed on a company's Railway Operating Certificate. A variation may be granted by Transport Canada upon application by the company.

Companies may apply for a variation to their Railway Operating Certificate by completing a variation application form and submitting a scanned copy to Transport Canada by email at railsafety@tc.gc.ca or the original by registered mail to:

Rail Safety Regulatory Affairs
Transport Canada
Mailstop: ASRR
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5

Transport Canada has 120 days, from when the complete application is received, to asses and decide whether or not to modify or remove the terms and conditions on a company's Railway Operating Certificate.

Yes. If the conditions of issuance are not met or cannot be verified, Transport Canada can refuse to issue a Railway Operating Certificate.

Similarly, Transport Canada can also refuse a company's application for a variation to their Railway Operating Certificate if the terms and conditions are considered necessary for safe railway operations.

Yes. Within 30 days after notice is sent by Transport Canada, a company has the right to appeal the department's decision to refuse to issue a Railway Operating Certificate by requesting a review by the Transportation Appeal Tribunal of Canada.

Similarly, a company has the right to appeal the department's decision to refuse to modify or remove terms and conditions on their Railway Operating Certificate by requesting a review by the Transportation Appeal Tribunal of Canada within 30 days after notice is sent by Transport Canada.

Yes, Transport Canada can cancel or suspend a Railway Operating Certificate. The cancellation or suspension of a Railway Operating Certificate will put a stop to a company's railway operations in Canada.

Transport Canada could cancel or suspend a company's Railway Operating Certificate if the company stops meeting the requirements of their certificate or if the company contravenes the Railway Safety Act, or any regulations, rules, standards, orders, or emergency directives made under the Act.

Transport Canada has a variety of tools to enforce compliance and respond to safety concerns in a manner that is proportionate to the risk that threat poses to safe railway operations.

Tools to mitigate safety threats and enforce compliance include:

• Letters of Non-Compliance
• Letters of Concern
• Notices
• Notices and Orders
• Emergency Directives
• Ministerial Orders
• Administrative Monetary Penalties
• Court Orders
• Railway Operating Certificates
• Prosecution

Transport Canada would cancel or suspend a company's Railway Operating Certificate in cases of chronic non-compliance or where their operations pose a serious risk to safety.

Yes, but only after Transport Canada has issued the company a new Railway Operating Certificate. A company can resume operations after Transport Canada has suspended its Railway Operating Certificate if the company no longer poses a threat to safe railway operations, has submitted a new application for a Railway Operating Certificate and Transport Canada has issued the company a new certificate to operate in Canada.

If a company's Railway Operating Certificate is suspended, the company may be allowed resume operations after Transport Canada has issued the company a new certificate. However, if a company's Railway Operating Certificate is canceled, the company will never be allowed to operate a railway in Canada.

The Railway Operating Certificate Regulations came into force on January 1, 2015.

The Railway Operating Certificate Regulations increase railway safety in Canada by establishing baseline safety requirements that must be met before companies begin operations.

The Railway Safety Act requires companies to have a Railway Operating Certificate and to meet any terms and conditions on its certificate to operate in Canada.

Please contact us at railsafety@tc.gc.ca or 1-844-897-RAIL (7245).

Administrative monetary penalties are penalties issued by government agencies. Under the authority of the Railway Safety Act, Transport Canada can issue a penalty to corporations or individuals for contraventions of the Act, or regulations and rules made under the Act.

Penalties are based on the severity of the violation. The maximum amount is $50,000 for an individual and $250,000 for a corporation. Examples of penalties are as follows:

Violation	Individual (Maximum amount payable)	Corporation (Maximum amount payable)	Example of violation
Low-level risk	$5,000	$25,000	Failing to consult with relevant associations and organizations prior to filing rules with the Minister for approval
Medium-level risk	$25,000	$125,000	Failing to provide proper prior notice before conducting certain types of railway work
High-level risk	$50,000	$250,000	Failing to have railway work approved by a professional engineer

The breakdown of violations, or list of provisions in the Railway Safety Act and regulations and rules made under the Act for which penalties can be issued, are detailed in the Railway Safety Administrative Monetary Penalties Regulations.

Any individual or corporation subject to the Railway Safety Act, regulations or rules made under the Act can receive a penalty.

An Enforcement Officer designated by the Minister of Transport or delegated authority can issue a penalty.

Penalties are issued for contraventions to the Railway Safety Act, regulations or rules made under the Act.

Transport Canada issues penalties for contraventions to the Railway Safety Act, regulations or rules made under the Act.

The Railway Safety Administrative Monetary Penalties Regulations set out schedules that list the provisions in the Railway Safety Act and regulations and rules made under the Act for which penalties can be issued. The schedules also include the maximum amount payable for each contravention.

As regulations are developed, they will be reviewed to see if any provisions should be added to the Railway Safety Administrative Monetary Penalties Regulations, which would be done through an amendment process.

Transport Canada may issue a Letter of Warning allowing the individual or company a specified period of time to address the contravention prior to Transport Canada issuing a penalty.

A Letter of Warning describes the railway safety contravention found by Transport Canada and allows the individual or company a specified period of time to respond to Transport Canada with what corrective actions have been taken to remedy the contravention or what actions they will take to remedy the contravention, within a specified timeframe.

A Notice of Violation describes the railway safety contravention found by Transport Canada and states the amount of the penalty issued to the individual or company.

Yes, any individual or corporation issued a penalty may request that the Transportation Appeal Tribunal of Canada review the violation or the amount of the penalty.

Payments are to be made to the Receiver General for Canada.

An unpaid penalty is a debt due to the Crown and may be recovered by collection procedures stipulated in the Financial Administration Act.

Money collected through railway safety administrative monetary penalties is held in the Government of Canada's Consolidated Revenue Fund.

The Consolidated Revenue Fund is the account into which the government deposits taxes and other revenues, and from which the government withdraws money to cover its expenditures.

The Receiver General for Canada manages the operations of the federal treasury and ensures the integrity of the Consolidated Revenue Fund.

Administrative Monetary Penalties are published on Transport Canada’s website once the individual or corporation has been served with the penalty.

• List of administrative monetary penalties issued since April 1, 2015

The Railway Safety Administrative Monetary Penalties Regulations are designed to encourage regulatory compliance and deter safety contraventions by having a monetary cost for contraventions of the Railway Safety Act, and regulations and rules made under the Act.

The Railway Safety Administrative Monetary Penalties Regulations came into force on April 1, 2015.

A "local railway company" is a provincially-regulated railway company or light-rail commuter service which operates on a federally-regulated railway. "Railway" includes tracks, branches, extensions, sidings, railway bridges, tunnels, stations, depots, wharfs, rolling stock, equipment, stores or other things connected with the railway. It also includes communications or signaling systems and related facilities and equipment used for railway purposes. It does not include an agent or mandatary of the host railway company.

A company that is hired by the host railway company to do maintenance on the track, for example, would be considered an agent or mandatary of that railway company and would be excluded from the definition of local railway company.

A host railway company is a federal railway company that holds a certificate of fitness and that operates a federally-regulated railway.

A Notice is an official document, issued under section 31 of the Railway Safety Act, informing the railway company or local railway company that a threat to the safety of its operations was found and requiring the company to respond within a set timeframe with safety measures taken to mitigate the threat.

A Notice and Order is a Notice that includes an Order. A Railway Safety Inspector may include such an Order when he or she believes that a threat is immediate. The inspector can either restrict the local railway company or railway company's operations or allow it to continue under certain terms and conditions.

There is a definition in the Railway Safety Act that states, "A threat is a hazard or condition that could reasonably be expected to develop into a situation in which a person could be injured or made to be ill or damage could be caused to the environment or property, and a threat is immediate if such a situation already exists". The threat is determined by a Railway Safety Inspector based on his or her qualification and experience.

On May 1, 2013, local railway companies will become subject to the Railway Safety Act when operating on federally-regulated railway lines. This means that they will be directly responsible for complying with the federal railway safety regime when on federal track and will be able to submit rules that apply to their operations to Transport Canada for approval. Transport Canada will be responsible for monitoring their compliance to these rules by going directly to them instead of the host railway company.

No. It simply means that local railway companies will be subject to the Railway Safety Act when operating on federally-regulated track.

Nothing changes the way local railway companies are regulated while operating on provincially-regulated tracks. In cases where provincially-regulated railways have a long-term lease with a federally-regulated railway, the tracks are considered provincial and not federally-regulated track. Where Transport Canada has an inspection agreement with a province, the agreement will not be affected by the amendment.

The amendment was made to clarify Transport Canada's responsibility for regulating the safety of rail operations while on federally-regulated track. Any railway company that operates on federally-regulated track falls under Transport Canada to regulate, no matter the operation.

No, this does not have any effect on these contractual agreements as long as the approved rules do not conflict with them, in which case the rules would prevail.

Simply follow the Easy Steps to Submit Rules.

In order to help local railway companies transition to this new regime, they will have until November 1, 2013 to submit their rules for approval. However, Transport Canada encourages local railway companies to file their rules as early as possible, starting May 1, 2013.

Local railway companies are encouraged to file the same rules as their host railway company's rules, unless there is a very specific reason to file different ones. In general, operating rules (Canadian Rail Operating Rules) would apply, and if the local railway company is responsible for equipment some equipment rules, or if it offers passenger service, rules related to passengers. Visit Transport Canada's website for a complete list of the rules.

Rules relating to training, hours of work and rest, and medical requirements do not apply to local railway companies as employee issues fall under provincial jurisdiction. Local railway companies may however still be obligated by contract with their host railway companies to abide by these particular rules.

If local railway companies are unsure which rules apply to their operations, they can either contact the Railway Association of Canada (RAC) for assistance if they are a member, or their host railway company. They could also communicate with their respective Transport Canada regional office or contact Transport Canada at railsafety@tc.gc.ca or at 613 998-2985.

The package you send to Transport Canada should include:

1. A letter (template #2) to Transport Canada containing the list of applicable rules;
2. The letter (template #1) sent to your host railway company; and
3. The host railway company's response to your letter.

The package can be sent:

• by email to railsafety@tc.gc.ca
• by fax at 613 990-7767
• by mail to:

Ms. Brigitte Diogo
Director General, Rail Safety
Transport Canada
Mailstop: ASR
427 Laurier Avenue West
Ottawa, ON K1A 0N5

The Railway Safety Act provides the Minister of Transport Canada with the authority to order a company to file rules, which is known as a Ministerial Order. Local railway companies that have not filed rules by November 1, 2013 will be assessed by Transport Canada to determine whether or not they will be ordered to do so.

No, the local railway company is required to consult with the host railway company only.

Simply follow the Easy Steps to Submit Rules.

Local railway companies should continue to follow their host railway company's rules until their own rules are approved.

Yes, once Transport Canada has approved rules for a local railway company, that local railway company can submit a request to Transport Canada to be exempted from provisions of these rules provided that the host railway company has been consulted, as required. Transport Canada will not object to an exemption if it is in the public's interest and if it does not compromise the safety of railway operations.

The Railway Safety Inspector holds a certificate which identifies the matter for which the inspector is qualified to act. He or she monitors the safety of the operations of all companies that operate on federally-regulated railways and verifies their compliance to the Railway Safety Act and rules that apply to their operations. He or she issues Notices or Notices and Orders to mitigate threats or immediate threats to safety, if threats are caused by a company's operations.

Starting May 1, 2013, Transport Canada's Railway Safety Inspectors will have the authority to issue a Notice or a Notice and Order directly to local railway companies.

If, while they are monitoring a local railway company's operations, a Railway Safety Inspector discovers a threat to safety, he or she has the power to issue an official Notice directly to the local railway company indicating the threat. The local railway company will be obligated to respond by a certain date explaining how it intends to eliminate that threat.

If the Railway Safety Inspector thinks that there is an immediate threat to safety, he or she may decide to include an Order in the Notice which would either restrict a local railway company's operation or allow it to continue under certain conditions. These restrictions or conditions will be lifted only after an action to eliminate the threat has been taken to the inspector's satisfaction.

A local railway company that receives a Notice and Order can appeal the Order by sending a formal request to the Transportation Appeal Tribunal of Canada (TATC). The address will be contained in the Order. The local railway company has 30 days from the receipt of the Order to appeal.

The same thing as if a federally-regulated railway company did not comply with an Order. Non-compliance to an Order is a serious offence under the Railway Safety Act for which the company can be prosecuted. The Minister can also have this Order made an Order of a Court to be enforced as such. The local railway company representatives could be summoned to appear in Court or could ultimately be arrested.

The Railway Safety Inspector will issue a Letter of Non-Compliance to the local railway company requesting that it respond indicating what action it intends to take to comply. The company has 14 days to respond.

Yes, they can be prosecuted.

Yes, a list of all local railway companies is currently being finalized. Transport Canada will be contacting each local railway company to find out who their "most senior official" is.