Rail regulations in Canada

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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:

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]

Provincial Charters

Railways can also be licensed by the provinces, under applicable provincial railway safety legislation. The only provinces without railways under their jurisdiction as of 2007 are in Newfoundland and Labrador, and in Prince Edward Island. [10] In Ontario, railways licensed under the Shortline Railways Act, 1995 can operate within that province, but not cross provincial or international boundaries. [11]

In New Brunswick. shortline railways are governed by the Shortline Railways Act, 2011. The prior Act was in force since 1994, with amendments also made in 2013. [12]

Alternatively, "several railways are operating that do not have certificates of fitness from the CTA [Transport Canada], and are not regulated under corresponding provincial railway safety legislation". These are mainly commuter railways. [10]

Tracks

Transport Canada's Rules Respecting Track Safety apply to all federally regulated railway companies operating on standard gauge track. [13] 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). [14] Tracks are classified and the speed limit is determined by the type. [14] The track class speed limits are nearly identical to the speed limits set by the Federal Railway Administration in the United States. [15]

Track type Freight Passenger
Excepted track [16] 10 mph (16 km/h)Forbidden [sp 1]
Class 110 mph (16 km/h)15 mph (24 km/h)
Class 225 mph (40 km/h)30 mph (48 km/h)
Class 340 mph (64 km/h)60 mph (97 km/h)
Class 460 mph (97 km/h)80 mph (129 km/h)
Class 580 mph (129 km/h)95 mph (153 km/h) [sp 2]
Class 6110 mph (177 km/h)
  1. "Excepted track" does not meet standards for bridge approach, passengers or dangerous goods; its use requires annual risk assessment.
  2. Trains pulling LRC cars may travel at 100 mph (161 km/h)

Special rules

  • Trains pulling service equipment cars, rolling stock used to transport or house Maintenance of Way equipment or employees may not exceed 35 mph (56 km/h). [17]
  • Vehicles being used for a visual inspection of tracks may not exceed 5 mph (8.0 km/h) when crossing other tracks, highways or switches. [18]

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 500 m (1,600 ft) around it. [19]

Work and Rest Rules

Transport Canada limits the on duty time on a single shift for engineers, conductors 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. [20]

To reset the clock, a worker must receive 8 hours off at their home terminal or 6 hours away from home. [20]

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. [20]

See also

Related Research Articles

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<span class="mw-page-title-main">Interstate Commerce Commission</span> US federal regulatory agency (1887–1996)

The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. Congress expanded ICC authority to regulate other modes of commerce beginning in 1906. Throughout the 20th century, several of ICC's authorities were transferred to other federal agencies. The ICC was abolished in 1995, and its remaining functions were transferred to the Surface Transportation Board.

<span class="mw-page-title-main">Railroad classes</span> US classification system for railroads

Railroad classes are the system by which freight railroads are designated in the United States. Railroads are assigned to Class I, II or III according to annual revenue criteria originally set by the Surface Transportation Board in 1992. With annual adjustments for inflation, the 2019 thresholds were US$504,803,294 for Class I carriers and US$40,384,263 for Class II carriers.

Railroad police or railway police are people responsible for the protection of railroad properties, facilities, revenue, equipment, and personnel, as well as carried passengers and cargo. Railroad police may also patrol public rail transit systems.

<span class="mw-page-title-main">Transit police</span> Law enforcement personnel employed by a transit agency

Transit police are specialized police agencies employed either by a common carrier, such as a transit district, railway, railroad, bus line, or another mass transit provider or municipality, county, district, or state.

<span class="mw-page-title-main">Minister of Transport (Canada)</span>

The minister of transport is a minister of the Crown in the Canadian Cabinet. The minister is responsible for overseeing the federal government's transportation regulatory and development department, Transport Canada, as well as Canada Post, the Saint Lawrence Seaway, Nav Canada, and the Port Authority system. Since 26 July 2023, the position has been held by Pablo Rodriguez of the Liberal Party.

<span class="mw-page-title-main">Transport Canada</span> Government department

Transport Canada is the department within the Government of Canada responsible for developing regulations, policies and services of road, rail, marine and air transportation in Canada. It is part of the Transportation, Infrastructure and Communities (TIC) portfolio. The current Minister of Transport is Pablo Rodriguez. Transport Canada is headquartered in Ottawa, Ontario.

<span class="mw-page-title-main">Federal Railroad Administration</span> Agency of the U.S. Department of Transportation

The Federal Railroad Administration (FRA) is an agency in the United States Department of Transportation (DOT). The agency was created by the Department of Transportation Act of 1966. The purpose of the FRA is to promulgate and enforce rail safety regulations, administer railroad assistance programs, conduct research and development in support of improved railroad safety and national rail transportation policy, provide for the rehabilitation of Northeast Corridor rail passenger service, and consolidate government support of rail transportation activities.

<span class="mw-page-title-main">Montreal, Maine and Atlantic Railway</span> Former freight railroad in North America

The Montreal, Maine and Atlantic Railway was a Class II freight railroad that operated in the U.S. states of Maine and Vermont and the Canadian province of Quebec between 2002 and 2014. It was headquartered in Hermon, Maine.

<span class="mw-page-title-main">Rail transportation in the United States</span>

Rail transportation in the United States consists primarily of freight shipments along a well integrated network of standard gauge private freight railroads that also extend into Canada and Mexico. The United States has the largest rail transport network of any country in the world, about 160,000 miles (260,000 km).

Standards for North American railroad signaling in the United States are issued by the Association of American Railroads (AAR), which is a trade association of the railroads of Canada, the US, and Mexico. Their system is loosely based on practices developed in the United Kingdom during the early years of railway development. However, North American practice diverged from that of the United Kingdom due to different operating conditions and economic factors between the two regions. In Canada, the Canadian Rail Operating Rules (CROR) are approved by the Minister of Transport under the authority of the Railway Safety Act. Each railway company or transit authority in Canada issues its own CROR rulebook with special instructions peculiar to each individual property. Among the distinctions are:

OmniTRAX, Inc. is a transportation and transportation infrastructure holding company based in Denver, Colorado, in the United States. It primarily owns or operates railroads, with a network of 25 regional and shortline railroads in 12 U.S. states and three Canadian provinces. It is one of the largest privately owned railroad companies in the United States. The firm also invests in, develops, and operates ports, multimodal transportation terminals, and industrial parks.

<span class="mw-page-title-main">Canadian Transportation Agency</span>

The Canadian Transportation Agency is the independent, quasi-judicial tribunal of the Government of Canada that makes decisions relating to federally-regulated modes of transportation. Its headquarters are in the Jules Léger Building (South) in Terrasses de la Chaudière, Gatineau, Quebec.

<span class="mw-page-title-main">Rail speed limits in the United States</span> Overview of rail speed limits in the United States of America

Rail speed limits in the United States are regulated by the Federal Railroad Administration. Railroads also implement their own limits and enforce speed limits. Speed restrictions are based on a number of factors including curvature, signaling, track condition, and the presence of grade crossings. Like road speed limits in the United States, speed limits for tracks and trains are measured in miles per hour (mph).

<span class="mw-page-title-main">Shortline railroad</span> Type of railroad

A shortline railroad is a small or mid-sized railroad company that operates over a relatively short distance relative to larger, national railroad networks. The term is used primarily in the United States and Canada. In the former, railroads are categorized by operating revenue, and most shortline railroads fall into the Class III or Class II categorization defined by the Surface Transportation Board.

Dark territory is a term used in the North American railroad industry to describe a section of running track not controlled by signals. Train movements in dark territory were previously handled by timetable and train order operation, but since the widespread adoption of two way radio communications these have been replaced by track warrants and direct traffic control, with train dispatchers managing train movements directly. Today most dark territory consists of lightly used secondary branch lines and industrial tracks with speeds ranging between 25 miles per hour (40 km/h) and 40 miles per hour (64 km/h); however, there do exist a small minority of main lines that fall into the category.

<span class="mw-page-title-main">Southern Ontario Railway</span>

The Southern Ontario Railway is a shortline railroad in the province of Ontario, owned and operated by Genesee & Wyoming Canada Inc., the Canadian subsidiary of Genesee & Wyoming Inc. It operated 69 miles (111 km) of track from Brantford to Nanticoke, Ontario, from 1998 to 2018. The railroad began operations in 1998, and was acquired by RailAmerica two years later. It had interchanges with the Canadian National Railway at Hamilton via trackage rights, Brantford and Paris, and interchanges with the Canadian Pacific Railway at Hamilton.

The Grand Forks Railway is a shortline railway company operating in the West Kootenay region of southeastern British Columbia.

<span class="mw-page-title-main">Lac-Mégantic rail disaster</span> 2013 oil train crash in Québec, Canada

The Lac-Mégantic rail disaster occurred in the town of Lac-Mégantic, Quebec, Canada, on July 6, 2013, at approximately 1:14 a.m. EDT, when an unattended 73-car Montreal, Maine and Atlantic Railway (MMA) freight train carrying Bakken Formation crude oil rolled down a 1.2% grade from Nantes and derailed downtown, resulting in the explosion and fire of multiple tank cars. Forty-seven people were killed. More than thirty buildings in Lac-Mégantic's town centre were destroyed, and all but three of the thirty-nine remaining buildings had to be demolished due to petroleum contamination. Initial newspaper reports described a 1 km (0.6-mile) blast radius.

<span class="mw-page-title-main">DOT-111 tank car</span> North American tank car for rail transport

In rail transport, the U.S. DOT-111 tank car, also known as the TC-111 in Canada, is a type of unpressurized general service tank car in common use in North America. Tank cars built to this specification must be circular in cross section, with elliptical, formed heads set convex outward. They have a minimum plate thickness of 716 inch (11.1 mm) and a maximum capacity of 34,500 US gallons. Tanks may be constructed from carbon steel, aluminum alloy, high alloy steel, or nickel plate steel by fusion welding.

References

  1. downloadable PDF copy of the RSA Review
  2. Terms of reference of the RSA Review
  3. Text of section 4.3 of RSA Review
  4. Canadian Transportation Decision No. 33-R-2009 http://www.otc-cta.gc.ca/decision-ruling/decision-ruling.php?id=28134&lang=eng
  5. 1 2 3 Section 88 Canada Transportation Act http://laws-lois.justice.gc.ca/eng/acts/C-10.4/section-88.html
  6. "Federal Railway Companies". Canadian Transportation Agency. 7 October 2010. Retrieved 24 April 2011.
  7. Canadian Transportation Agency Order No. 2005-R-277 http://www.otc-cta.gc.ca/decision-ruling/drv.php?id=23347&lang=eng
  8. "Order No. 2013-R-266". 13 August 2013.
  9. Railway Association of Canada - Ottawa Valley Railway http://www.railcan.ca/sec_rac/en_rac_member_profile.asp?id=86
  10. 1 2 "Appendix E: Profile of Railway Companies as of November 2007". Transport Canada. November 2007. Archived from the original on December 30, 2018.
  11. "Shortline Railways Act, 1995, S.O. 1995, c. 2". Ontario.ca. 24 July 2014. Retrieved July 24, 2018.
  12. "2011, c.220, Shortline Railways Act". Ontario.ca. Retrieved May 11, 2020.
  13. "Part I. General". Rules Respecting Track Safety. Transport Canada. 3 November 2008. Retrieved 24 April 2011.
  14. 1 2 "A. Classes of Track". Rules Respecting Track Safety. Transport Canada. 3 November 2008. Archived from the original on 25 August 2012. Retrieved 24 April 2011.
  15. Compare above table with "Archived copy" (PDF). Archived from the original (PDF) on 2008-05-28. Retrieved 2010-02-26.{{cite web}}: CS1 maint: archived copy as title (link) and "Archived copy" (PDF). Archived from the original (PDF) on 2003-09-23. Retrieved 2012-11-04.{{cite web}}: CS1 maint: archived copy as title (link)
  16. "Excepted track". Rules Respecting Track Safety. Transport Canada. 3 November 2008. Retrieved 2013-08-15.
  17. Service Equipment Cars Regulations http://laws-lois.justice.gc.ca/eng/regulations/SOR-86-922/FullText.html
  18. "F. Inspection". Rules Respecting Track Safety. Transport Canada. 3 November 2008. Retrieved 24 April 2011.
  19. Section 44, Railway Safety Act http://laws-lois.justice.gc.ca/eng/acts/R-4.2/section-44.html
  20. 1 2 3 Work/Rest Rules for Railway Operating Employees Transport Canada http://www.tc.gc.ca/eng/railsafety/rules-tco140-364.htm