Transport Canada has a robust railway regulatory regime and continuously looks for ways to make the railway system safer. In 2013, changes to the Railway Safety Act provided Transport Canada with new regulation-making powers.
The proposed Railway Safety Administrative Monetary Penalties Regulations—part of a series of new Government of Canada railway safety regulations and amendments—introduce penalties as an additional enforcement tool to improve railway safety.
Once the proposed Administrative Monetary Penalties Regulations come into effect, Transport Canada will be able to fine railway companies for violations to the Railway Safety Act. The amount of a penalty is based on the severity of the act and its consequences.
The proposed penalties are as follows:
Under the Railway Safety Act, railway companies are responsible for the safety of their infrastructure, equipment and operations. Transport Canada’s oversight role includes monitoring railway companies for compliance with rules, regulations and standards through audits and inspections and taking appropriate action as required.
The department considers several factors when deciding on the appropriate enforcement or corrective action, such as the harm to life, health, property and the environment.
Examples of existing enforcement and compliance tools under the Railway Safety Act include:
- Notices
- Notices and Orders
- Ministerial Orders
- Emergency Directives
- Prosecutions under Section 41 of the Railway Safety Act
- Orders of the Court
May 2014
