FEDERAL REG

SOR/2016-319: Order Repealing Certain Regulations made Under the Railway Safety Act

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
December 16, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues Rail Safety’s regulatory regime requires streamlining to remove old, outdated regulations that are no longer required and to remove duplication with other legislative requirements. Before the Railway Safety Act came into force in 1989, the Canadian Transport Commission (CTC) and the National Transportation Agen... (Click for more)


Published on December 16, 2016

Bill Summary

SOR/2016-319: Order Repealing Certain Regulations made Under the Railway Safety Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues Rail Safety’s regulatory regime requires streamlining to remove old, outdated regulations that are no longer required and to remove duplication with other legislative requirements. Before the Railway Safety Act came into force in 1989, the Canadian Transport Commission (CTC) and the National Transportation Agency (NTA), established a series of regulations many of which remain in effect today. Since these organizations no longer exist, or, because the regulatory requirements are no longer necessary or, in some instances, have been replaced by more up-to-date legislation, the regulations need to be repealed. Objective To ensure the continued safety of the travelling public, railway employees, the general public and property, this repeal initiative will streamline Rail Safety’s regulatory regime by eliminating requirements that are no longer required. Description The following Regulations are repealed: (a) Algoma Central Railway Traffic Rules and Regulations (b) Canadian National Railway Passenger Train Travel Rules and Regulations (c) Canadian Pacific Railway Traffic Rules and Regulations (d) Dominion Atlantic Railway Traffic Rules and Regulations (e) Grand River Railway Traffic Rules and Regulations (f) Lake Erie and Northern Railway Traffic Rules and Regulations (g) Quebec Central Railway Traffic Rules and Regulations (h) Railway Abandonment Regulations (i) Specification 112 and 114 Tank Cars Regulations (j) Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations (k) Railway Hygiene Regulations (l) Heating and Power Boilers Regulations “One-for-One” Rule The “One-for-One” Rule applies to this proposal, which is considered an “OUT” under the Rule of 12 titles. Small business lens The small business lens does not apply to this proposal, as there are no costs to small businesses. Rationale The repeal of these old regulations specifically address Recommendation 16 of the 2007 Railway Safety Act Review Panel Report, the recommendation by stakeholders as part of the 2012 Red Tape Commission, and the endorsement of the Panel Report’s recommendation contained in the Fall 2013 Report of the Auditor General of Canada. The repeal of these regulations streamline regulatory requirements and provide clarity to industry. Specifically, the Algoma Central Railway Traffic Rules and Regulations; Canadian National Railway Passenger Train Travel Rules and Regulations; Canadian Pacific Railway Traffic Rules and Regulations; Dominion Atlantic Railway Traffic Rules and Regulations; Grand River Railway Traffic Rules and Regulations; Lake Erie and Northern Railway Traffic Rules and Regulations; and the Quebec Central Railway Traffic Rules and Regulations contain identical passenger train travel rules and requirements aimed at ensuring passenger safety and security. However, the requirements are outdated or found in other legislation, such as the Criminal Code, the Firearms Act, the Railway Passenger Handling Safety Rules and/or provincial liquor laws. Apart from the Algoma Central Railway, all of the railway companies listed in the above regulations no longer operate or offer passenger service. The Railway Abandonment Regulations set out the application procedures and process when applying for the abandonment of a line of railway. Updated requirements are now captured under Section 140 of the Canada Transportation Act so there is no longer any benefit to these Regulations. The Specification 112 and 114 Tank Cars Regulations prescribe various safety equipment requirements for CTC Specification 112 and 114 tank cars. Equipment requirements are specific to tank head puncture resistance systems, double shelf couplers, thermal protection systems and tank car identification requirements. More comprehensive and up-to-date requirements are now contained in the Canadian General Standards 43-147 which is incorporated by reference in the Transportation of Dangerous Good Regulations. The Details of Maps, Plans, Profiles, Drawings, Specifications and Books of Reference Regulations govern the submission requirements for maps, construction plans, drawings, specifications and books of reference submitted to the CTC. As this agency no longer exists and the requirements are outdated, the Regulations are repealed. The Railway Hygiene Regulations require railway companies to maintain general hygiene standards for various rail facilities and cars that ensured the safety of the travelling public and railway employees. Current hygiene requirements for railway employees are now covered in the Canada Occupational Health and Safety Regulations and requirements for the travelling public are now covered in the Department of Health Act. The Heating and Power Boilers Regulations cover the design, construction, maintenance, operation, inspection, testing and repair of heating and power boilers. The Heating and Power Boilers Regulations no longer serve a functional purpose as the railway facility buildings are heated by more conventional methods of power such as electricity. Accordingly, other safety frameworks, including the Canada Labour Code, R.S.C. 1985, c. L-2; the Canada Occupational Health and Safety Regulations, S.O.R./86-304; and provincial building standards legislation more aptly regulate heating and power safety in the buildings owned and operated by railways. Finally, this omnibus repeal supports the Government’s continuing commitment to reduce red tape by reducing the department’s one-for-one title count and has no impact on industry stakeholders. Contact Any questions related to the repeal of railway safety regulations should be directed to Susan Archer Director Regulatory Affairs Transport Canada Telephone: 613-990-8690 Email: [email protected] Footnote a S.C. 2015, c. 31, s. 35(4) Footnote b R.S., c. 32 (4th Supp.) Footnote 1 C.R.C., c. 1151 Footnote 2 C.R.C., c. 1375 Footnote 3 C.R.C., c. 1376 Footnote 4 C.R.C., c. 1377 Footnote 5 C.R.C., c. 1378 Footnote 6 C.R.C., c. 1379 Footnote 7 C.R.C., c. 1380 Footnote 8 C.R.C., c. 1381 Footnote 9 C.R.C., c. 1382 Footnote 10 SOR/79-101 Footnote 11 SOR/80-482 Footnote 12 SOR/85-192

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