Canada has one of the safest rail systems in the world. From 2007 to 2012, train accidents in Canada have gone down by 10 per cent and train derailments are down by 41 per cent, from the five-year averages. Transport Canada takes its role in rail safety seriously and continuously looks to make the system safer for all Canadians.
The department monitors railway companies so that they adhere to the Railway Safety Act, 1985, and its rules, regulations and standards. Transport Canada strictly monitors the overall safety of railway operations through audits and inspections.
Railway companies are responsible for the safety of their rail line infrastructure, railway equipment and operations. This includes ongoing inspection, testing and maintenance programs in accordance with regulatory requirements.
The department does not hesitate to take enforcement action, as appropriate. For example, on July 12, 2013, pursuant to Section 33 of the Railway Safety Act, the Minister issued an emergency directive to strengthen rail safety standards, as well as the issuing of a Ministerial Order obligating railway companies to develop rules to comply with these requirements permanently.
The Railway Safety Act Review and Standing Committee on Transport, Infrastructure and Communities
Derailments in 2005 and 2006 provided the impetus for the Minister of Transport, Infrastructure and Communities to appoint an independent panel to conduct a full review of the Railway Safety Act and for the Standing Committee on Transport, Infrastructure and Communities to begin its own rail safety study.
Following a wide range of consultations across Canada - with the railway industry and their unions, all levels of government, aboriginal, environmental, and emergency response groups, and the public - the 2008 reports from the Railway Safety Act Review and Standing Committee on Transport, Infrastructure and Communities made several recommendations to improve railway safety in Canada.
Transport Canada supported the recommendations of both reports and took action by establishing a framework to implement the reports’ recommendations, which included:
- the establishment of a steering committee and working groups comprised of representatives from Transport Canada, industry and unions to address key areas identified in the reports;
- the creation of the Advisory Council on Railway Safety to address future directions in rail safety, rule making, regulation, policy and other strategic issues; and
- amendments to the Railway Safety Act.
In November 2013, SCOTIC agreed to study the transportation of dangerous goods to ensure they are moved safely, including a review the implementation of SMS across air, marine and rail sectors.The Committee will also consult with industry and government stakeholders to get their perspectives and advice on what more should be done to further strengthen Canada’s transportation system.
Transportation Safety Board Recommendations and Watchlist
Transport Canada shares the Transportation Safety Board’s (TSB) commitment to advancing the safety of Canada’s transportation system.
Since 1991, the TSB has issued 134 railway safety recommendations and has assessed the response to 88% (118) of them as fully satisfactory. The TSB set a target of an 80% fully satisfactory rate set for 2016-17. Transport Canada has already fully achieved this target and in fact surpassed it.
In June 2012, the TSB also removed three rail issues from its original Watchlist because of corrective actions taken by Transport Canada and the railway industry.
Transport Canada continues to work with stakeholders on a priority basis on all TSB recommendations and Watchlist issues.
Amendments to the Railway Safety Act
To further improve rail safety, the Government of Canada recently made amendments to the Railway Safety Act. These amendments, which came into force on May 1, 2013, will encourage railway companies to create and maintain a culture of safety and penalize rule breakers by enabling the Government of Canada to:
- require railway companies to submit environmental management plans;
- crack down on rule breakers with tough new monetary penalties and increased judicial penalties;
- create whistleblower protection for employees who raise safety concerns;
- require each railway to have an executive legally responsible for safety; and
- emphasize the central importance of safety management systems.
Under the new amendments, maximum judicial fines for convictions on indictment for a contravention of the Railway Safety Act would be $1 M (an increase from $200,000) for corporations, and $50,000 (an increase from $10,000) for an individual. Maximum fines on summary conviction for contravention of the Act would be $500,000 (an increase from $100,000) for corporations, and $25,000 (an increase from $5,000) for an individual.
Implementation of Safety Management Systems in the Canadian Railway Industry
The Railway Safety Management System Regulations came into force on January 9, 2001.
The Railway Safety Act defines a safety management system (SMS) as “a formal framework for integrating safety into day-to-day railway operations and includes safety goals and performance targets, risk assessments, responsibilities and authorities, rules and procedures, monitoring and evaluation processes.”
As a result of amendments to the Railway Safety Act, which came into force on May 1, 2013, work is under way to amend the Railway Safety Management System Regulations. The amendments to the Regulations will require railway companies to identify an ‘accountable executive’ as a focal point of accountability for the safety of a company’s operations.
The regulations put the onus on the railway companies to proactively demonstrate their management of safety, Transport Canada oversees compliance with the regulations.
Transport Canada’s oversight strategy is based on two main activities: SMS audits and inspections. Whereas SMS audits are performed to assess the level of compliance of a particular railway to the Railway Safety Management System Regulations, inspections are used to assess the level of compliance with various safety rules and regulations in accordance with the entire Railway Safety Act.
Transport Canada continues to work with railway companies, railway unions and other stakeholders to enhance the implementation of safety management systems.
Investment in Railway Safety
Transport Canada has taken concrete action to increase railway safety in Canada. In fact, the Government spent over $100 million in railway safety since 2009. In 2009-10, Transport Canada’s Rail Safety Program received $72 million over five years and an additional $15 million a year in ongoing funding.
November 2013
