Minister of Transport Order Pursuant to Section 19 of the Railway Safety Act
Paragraph 19(1)(a) of the Railway Safety Act 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 the provisions of paragraph 19(1)(a) of the Railway Safety Act, all railway companies and local railway companies are hereby ordered to formulate rules respecting the safe and secure operations of trains carrying certain dangerous goods and flammable liquids.
Rules should be based on an assessment of safety and security risks, and shall, at a minimum:
- Govern the route and speed of any Key Train to 50 miles per hour (MPH) or lower, including but not limited to a further speed restriction to 40 MPH or lower for any Key Train transporting one or more DOT-111 loaded tank cars containing UN1170 ETHANOL, UN1202 DIESEL FUEL, UN1203 GASOLINE, UN1267 PETROLEUM CRUDE OIL, UN1268 PETROLEUM DISTILLATES, N.O.S., UN1863 FUEL, AVIATION, TURBINE ENGINE, UN1993 FLAMMABLE LIQUID, N.O.S., UN3295 HYDROCARBONS, LIQUID, N.O.S., or UN3475 ETHANOL AND GASOLINE MIXTURE in areas identified as higher risk through the risk assessment process. DOT 111 tank cars are those that are pre-CPC-1232/TP18477 specification.
Require initial risk assessments and periodic updates based on significant change to determine the level of risk associated with each Key Route over which a Key Train is operated by the company, and in such risk assessments:
identify safety and security risks associated with that route, including:
- 1. Volume of dangerous goods being transported;
- 2. Rail traffic density;
- 3. Trip length for route;
- 4. Presence and characteristics of railroad facilities;
- 5. Track type, class, and maintenance schedule;
- 6. Track grade and curvature;
- 7. Presence or absence of signals and train control systems along the route (“dark” versus signaled territory);
- 8. Presence or absence of wayside hazard detectors;
- 9. Number and types of grade crossings;
- 10. Single versus double track territory;
- 11. Frequency and location of track turnouts;
- 12. Proximity to iconic targets and natural hazards;
- 13. Environmentally sensitive or significant areas;
- 14. Population density along the route;
- 15. Venues along the route (stations, events, places of congregation);
- 16. Emergency response capability along the route;
- 17. Areas of high consequence along the route;
- 18. Presence of passenger traffic along route (shared track);
- 19. Speed of train operations;
- 20. Proximity to en-route storage or repair facilities;
- 21. Known threats, including any non-public threat scenarios;
- 22. Measures in place to address apparent safety and security risks;
- 23. Availability of practicable alternative routes;
- 24. Past incidents;
- 25. Overall times in transit;
- 26. Training and skill level of crews;
- 27. Impact on rail network traffic and congestion; and
- 28. Geohazard
- identify and compare alternative routes if available;
- factor potential or future railway operational changes such as new customers moving goods subject to an Emergency Response Assistance Plan under the Transportation of Dangerous Goods Act and population growth; and
- include a process to consult with the Federation of Canadian Municipalities on how to incorporate municipal input on safety and security concerns in risk assessments.
- identify safety and security risks associated with that route, including:
- Include requirements for any Key Train at meeting or passing points.
- Require Wayside Defective Bearing Detectors at specific minimum intervals along Key Routes.
- Provide minimum safety requirements for Key Routes on which a Key Train may operate, including enhanced minimum main track inspection frequencies.
For the purpose of this order,
"Key Train” means an engine with cars
a) that includes one or more loaded tank cars of dangerous goods that are included in Class 2.3, Toxic Gases and of dangerous goods that are toxic by inhalation subject to Special Provision 23 of the Transport of Dangerous Goods Regulations; or
b) that includes 20 or more loaded tank cars or loaded intermodal portable tanks containing dangerous goods, as defined in the Transportation of Dangerous Goods Act, 1992 or any combination thereof that includes 20 or more loaded tank cars and loaded intermodal portable tanks.
- “Key Route” means any track on which, over a period of one year, is carried 10,000 or more loaded tank cars or loaded intermodal portable tanks containing dangerous goods, as defined in the Transportation of Dangerous Goods Act, 1992 or any combination thereof that includes 10,000 or more loaded tank cars and loaded intermodal portable tanks.
Subsection 19(2) of the Railway Safety Act requires that a company shall not files rules with the Minister unless it has first, during a period of sixty days, given a reasonable opportunity for consultation with it on the rules to:
a) In the case of a railway company, each relevant association or organization that is likely to be affected by the implementation of the rules; or
b) In the case of a local railway company, any railway on whose railway the local railway operates railway equipment that is likely to be affected by the implementation of the rules.
Pursuant to the provisions of paragraph 19(1)(b) of the Railway Safety Act, the rules shall be filed with the Minister for approval within 180 days of the date of this order.
Acting Assistant Deputy Minister
Safety and Security
August 17, 2015