Rail regulations in Canada
Rail regulations in Canada are set by Transport Canada and the Canadian Transportation Agency. The 2007 "Railway Safety Act Review"[1] was commissioned by the Minister of Transport[2] and its report provides much-needed background to this article, especially section 4.3.[3] The governance of railways in Canada is complex and has many tiers: Acts of Parliament, Regulations, Rules, and Directives are only some of the instruments that impact this industry.
Contents
Scope
Federal regulations apply only to certain railways which meet one or more of the following conditions:
- They operate in more than one province.[4]
- They operate from the United States and cross the Canada–United States border.[5]
- They are owned, controlled, leased or operated by a person who operates a railway that is within the jurisdiction of parliament.[5]
- They are declared by the Canadian Parliament to be a work for the general advantage of Canada or of two or more provinces.
A railway that is regulated under either of the two last qualifications is considered to be "a work for the general advantage of Canada."[5]
List of 32 Federal Railway Companies
The following is a list of all federal railway companies[6]
- 6970184 Canada (Great Sandhills Railway)
- Arnaud Railway Company
- BNSF Railway
- Canadian National Railway
- Canadian Pacific Railway
- City of Ottawa (O-Train Trillium Line)
- CSX Transportation
- Eastern Maine Railway
- Essex Terminal Railway
- Ferroequus Railway (suspended)[7]
- Goderich-Exeter Railway
- Great Canadian Railtour (Rocky Mountaineer)
- Hudson Bay Railway
- International Bridge and Terminal Company
- Kelowna Pacific Railway
- Maine Central Railroad
- Minnesota, Dakota and Western Railway
- Montreal, Maine & Atlantic Railway (suspended)[8]
- National Railroad Passenger Corporation (Amtrak)
- Nipissing Central Railway (a portion of the Ontario Northland Railway)
- Okanagan Valley Railway
- Quebec North Shore & Labrador Railway
- RaiLink Canada (Ottawa Valley Railway)[9]
- St. Lawrence & Atlantic Railroad
- Springfield Terminal Railway
- Sydney Coal Railway
- Toronto Terminals Railway
- Tshiuetin Rail Transportation
- Union Pacific Railroad
- Via Rail Canada
- Wabush Lake Railway
- White Pass & Yukon Route
Tracks
Transport Canada's Rules Respecting Track Safety apply to all federally regulated railway companies operating on standard gauge track.[10] As a consequence, the narrow gauge White Pass & Yukon Route railway is excluded from these regulations.
Speed
Though Canada uses kilometres per hour on roadways, rail speed limits are set in miles per hour (mph).[11] Tracks are classified and the speed limit is determined by the type.[11] The track class speed limits are nearly identical to the speed limits set by the Federal Railway Administration in the United States.[12]
| Track type | Freight | Passenger |
|---|---|---|
| Excepted track[13] | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Forbidden[sp 1] |
| Class 1 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). |
| Class 2 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). |
| Class 3 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). |
| Class 4 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). |
| Class 5 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value).[sp 2] |
| Class 6 | Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). | |
Special rules
- Trains pulling service equipment cars, rolling stock used to transport or house Maintenance of Way equipment or employees may not exceed Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value)..[14]
- Vehicles being used for a visual inspection of tracks may not exceed Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). when crossing other tracks, highways or switches.[15]
Interswitching
Interswitching by a terminal railway is regulated by the Canadian Transportation Agency. Regulations do not apply where 90% the railway's gross revenue comes from interswitching.
In situations where the regulations apply, terminal railways are required to give equal treatment interswitching traffic and are prohibited from charging for delivery or return of an empty car. They are required to follow a rate schedule set by the CTA.
Railway police
Any superior court judge may appoint a person as a police constable charged with enforcing federal and provincial laws as well as Part 3 of the Canadian Transportation Act in regards to railway property. Section 44 of the Railway Safety Act limits jurisdiction of Railway constables to property owned, used or managed by the railway and the area Lua error in Module:Convert at line 1851: attempt to index local 'en_value' (a nil value). around it.[16]
Work and Rest Rules
Transport Canada limits the on duty time on a single shift for engineers, conductor and yard workers and all workers involved in switching or operating trains to 12 hours, including those working split shifts. The exception is work train crews, who may work 16 hours. The total maximum over multiple shifts is 18 hours.[17]
To reset the clock, a worker must receive 8 hours off at their home terminal or 6 hours away from home.[17]
Emergencies
During emergencies, defined as unforeseen situations that may cause harm to employees, passengers, the public or the environment such as accidents, derailments, natural disasters and acts of God but not locomotive breakdowns or broken rails, employees may work until relieved subject to fatigue management policies.[17]
See also
References
- ↑ downloadable PDF copy of the RSA Review
- ↑ Terms of reference of the RSA Review
- ↑ Text of section 4.3 of RSA Review
- ↑ Canadian Transportation Decision No. 33-R-2009 http://www.otc-cta.gc.ca/decision-ruling/decision-ruling.php?id=28134&lang=eng
- ↑ 5.0 5.1 5.2 Section 88 Canada Transportation Act http://laws-lois.justice.gc.ca/eng/acts/C-10.4/section-88.html
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Canadian Transportation Agency Order No. 2005-R-277 http://www.otc-cta.gc.ca/decision-ruling/drv.php?id=23347&lang=eng
- ↑ http://www.otc-cta.gc.ca/eng/ruling/2013-r-266
- ↑ Railway Association of Canada - Ottawa Valley Railway http://www.railcan.ca/sec_rac/en_rac_member_profile.asp?id=86
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 11.0 11.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Compare above table with [1] and [2]
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Service Equipment Cars Regulations http://laws-lois.justice.gc.ca/eng/regulations/SOR-86-922/FullText.html
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Section 44, Railway Safety Act http://laws-lois.justice.gc.ca/eng/acts/R-4.2/section-44.html
- ↑ 17.0 17.1 17.2 Work/Rest Rules for Railway Operating Employees Transport Canada http://www.tc.gc.ca/eng/railsafety/rules-tco140-364.htm
