The Federal Regulator’s Perspective

Industrial Railway Safety ConferenceFort Saskatchewan, Alberta

April 28, 2015

Accelerated Regulations

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•New regulations:• Amendments to Administrative Monetary Penalties (AMPs)

Regulations (SMS, ROC and GCR)• Prevention and Control of Fires• Locomotive Voice/Video Recorders (Pilot Project)• Environmental Management Plans• Access Control ?

•New or revised rules:• Rules governing Key Routes and Key Trains• Rules on Train Securement• Canadian Rail Operating Rules (CROR)

Future Regulatory Priorities

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Bill C-52: The Safe and Accountable Rail Act

• Tabled in Parliament on February 20, 2015

• Proposes amendments to the Canada Transportation Act and the Railway Safety Act

• Proposed amendments to the Railway Safety Act:• part of the Government of Canada’s commitment to

strengthen oversight and increase collaboration between communities and the railway industry; and

• further address issues raised in the Transportation Safety Board’s final report on the Lac-Mégantic derailment.

Full text is available on the Parliament of Canada website http://www.parl.gc.ca/LegisInfo/BillDetails

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Information sharing

• New regulation-making authority to facilitate the sharing of information between third parties.

Reimbursement of costs for fires

• Allows a province/municipality to request CTA to determine if railway operations were responsible and if so, order the company to reimburse costs incurred in responding to the fire.

Safety Management Systems

• New Ministerial Order to require a company to take corrective measures if the implementation of its SMS risks compromising safety.

New Authorities

• Expanded authorities for the Minister to order any company, road authority or municipality to stop any activity, follow procedures or take corrective measures in the interest of safe railway operations.

• Enhanced railway safety inspector powers to issue a Notice or Notice and Order to any company, road authority or municipality in the event of a threat or immediate threat to safety.

Bill C-52: The Safe and Accountable Rail Act

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Confidentiality of information• Allow Transport Canada to protect information provided to the

Minister as confidential, unless otherwise specified.

Fatigue science • Repeal the definition of fatigue science to allow the SMS

Regulations to include broader requirements related to fatigue management.

Access control• Regulation-making authority to place an obligation on

adjacent land owners to put up a fence or sign in certain circumstances that compromise the safety of railway operations.

General and Board Orders• Clarify that old General and Board Orders made under

previous rail safety related legislation continue to be in effect under the Railway Safety Act.

Other clarifications and administrative amendments to further support a robust railway safety regulatory regime, such as changes to definitions, phrasing in both official languages and regulatory authorities.

Other Proposed Amendments: Railway Safety Act

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•Pre-April 1, 2015 – railway companies are to make their Annual Submissions in accordance with the current SMS Regulations by March 1, 2015.

•April 1, 2015 – repeal of the current SMS Regulations and coming into force of the SMS Regulations, 2015.

•As of April 1, 2015 – TC will fully enforce Initial Key Provisions:• Notification of accountable executive and submission of

accountable executive’s signed declaration• Notification of operational changes• Conduct Risk Assessments

•April 1, 2015 – New Companies – Required to have a full SMS on Day 1 of operations (except for setting Targets and Initiatives - six months after day 1).

SMS Transition Plan

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•On April 1, 2016 – Railway companies and local railway companies operating on main-track will be requested to submit their Targets and Initiatives for Year 2016.

•On March 1, 2017 – Railway companies and local railway companies operating on main-track will be requested to submit their Annual Report.

•On March 1, 2018 – Railway companies and local railway companies operating on main-track will be requested to submit their latest Internal Audit Report.

•Industry guidance:

• Comprehensive Industry Guide

• Template for companies new to SMS

• Template for notifying TC of operational change

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Questions?

10RDIMS #: 10568780