TRANSPORT CANADA ORDER PURSUANT TO SECTION 19 OF THE RAILWAY SAFETY ACT

Transport Canada

427 Laurier Avenue, 14th Floor
Ottawa, Ontario, K1A ON5

Your file

Our file
RDIMS 11787392

June 1, 2016

Please See Attached List

Dear Sir /Madame:

As you are may be aware, the requirements regarding blocked crossings appear in section 97 of Grade Crossing Regulations (GCR), as well asin Rules 103(d) and 103.1(e) of the Canadian Rail Operating Rules (CROR). The amendments to the Railway Safety Administrative Monetary Penalties Regulations came into force on March 29, 2016 and were published in the Canada Gazette Part II on April 20, 2016. The amendment adds a Schedule that designates provisions of the GCR. This revision allows Transport Canada to issue a monetary penalty to a company for non-compliance with a designated provision of the GCR including a contravention to section 97. As such, Rules 103(d) and 103.1(e) of the CROR can be repealed as they constitute a duplication with the GCR.

As such, please find an Order issued pursuant to subsection 19(1) of the Railway Safety Act (RSA) for your action. This Order requires all railway companies and local railway companies to submit a revised CROR by removing Rules 103(d) and 103.1(e). The proposed rules must be filed with the Minister of Transport for approval within 90 days of the date of this Order. This will allow sufficient time for companies to consult with relevant associations or organizations or, for local railway companies, to consult railway companies on whose railway the local railway company operates, before filing the proposed rules with the Minister of Transport as required by subsection 19(2) of the RSA.

Should you have any questions regarding the regulatory process, please contact Ms. Susan Archer, Director, Regulatory Affairs at (613) 990-8690 or susan.archer@tc.gc.ca, or if you would like to discuss technical aspects of this issue, please do not hesitate to contact Ms. Stephanie Lines, Director, Operations Management
at (613) 990-7745 or stephanie.lines@tc.gc.ca

Thank you for your anticipated cooperation.

Sincerely,

Brigitte Diogo
Director General
Rail Safety

c.c.:

Mr. G. Doherty, TCRC-MWED
Mr. M. Piché, USW
Mr. K. Russell, IAMAW
Mr. B. Stevens, UNIFOR

Ms. L. Cyr, TCRC-MWED
Mr. C. Crabtree, ATU
Mr. D. Ashley, TCRC
Mr. R. Vaillancourt, TUT

Mr. L. Couture, IBEW
Mr. R. Scardelletti, TCIUSB
Ms. L. Robillard, TCRC

 

Enclosure

MO 16-02

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 paragraph 19(1)(a) of the RSA, all railway companies and local railway companies listed in Appendix A are hereby ordered to revise the Canadian Rail Operating Rules (CROR) by removing Rules 103(d) and 103.1(e) from the CROR.

Therefore, pursuant to paragraph 19(1)(b) of the RSA, the revised rules shall be filed with the Minister of Transport within 90 days of the date of this Order.

Brigitte Diogo
Director General, Rail Safety

June 1, 2016

Date

APPENDIX A

  • 6970184 Canada Ltd.
  • Agence métropolitaine de transport
  • Amtrak
  • Battle River Railway
  • Big Sky Railway Operated by Last Mountain Railway
  • Boundary Trail Railway Company, Inc.
  • Burlington Northern Santa Fe Railway Co.
  • Canadian National Railway Company
  • Canadian Pacific Railway Company
  • Cando Rail Services Ltd.
  • Cando Rail Services Ltd.
  • Cape Breton and Central Nova Scotia Railway Ltd.
  • Capital Railway
  • Carlton Trail Railway Company
  • Central Maine & Québec Railway Canada Inc.
  • Central Manitoba Railway Inc.
  • Chemin de fer de Québec Gatineau
  • Chemin de fer Orford Express Inc.
  • Chemin de fer Roberval Saguenay (Rio Tinto Alcan)
  • Chemin de fer Sartigan
  • CSX Transportation, Inc.
  • Eastern Maine Railway
  • Essar Steel Algoma
  • GO Transit
  • Goderich-Exeter Railway Company Limited
  • Great Canadian Railtour Company Ltd.
  • Great Sandhills Railway
  • Great Western Railway, Ltd.
  • Hudson Bay Railway Company
  • Huron Central Railway Inc.
  • Huron Central Railway Inc.
  • 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.)
  • Logistec Stevedoring (Nova Scotia) Inc. also carrying on business as Sydney Coal Railway
  • Nipissing Central Railway Company
  • Norfolk Southern Railway Company
  • Northwood Pulp Mill Canfor
  • Ontario Northland
  • Ontario Southland Railway Inc.
  • Ontario Southland Railway Inc.
  • Port Colborne Railway (Part of Trillium)
  • Port Stanley Terminal Railway Incorporated
  • Prairie Rail Solutions Ltd.
  • Prudential Steel ULC
  • Quebec North Shore and Labrador Railway Company
  • RaiLink Canada Ltd.
  • RailServe
  • Rio Tinto Alcan
  • RTK WP2 Canada Inc.
  • Société du chemin de fer de la Gaspésie
  • 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
  • The Essex Terminal Railway Company
  • The Toronto Terminals Railway Company Limited
  • Thunder Rail Ltd.
  • Torch River Rail Inc.
  • Trillium Railway
  • Tshiuetin Rail Transportation Inc.
  • Union Pacific Railroad Company
  • VIA Rail Canada Inc.
  • West Coast Express Ltd.
  • West Coast Railway Association
  • White Pass and Yukon Route
  • York-Durham Heritage Railway Association