Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Transportation of Dangerous Goods Act, 1992. (Loi)

  handling site

  handling site means a facility connected to a railway line where a railway vehicle is placed for the loading or unloading of dangerous goods. (lieu de manutention)

  railway carrier

  railway carrier means a person who has possession of dangerous goods for the purposes of transportation by railway vehicle on a main railway line, or for the purposes of storing them in the course of such transportation. (transporteur ferroviaire)

  railway loader

  railway loader means

  • (a) any person that operates a handling site, or

  • (b) any manufacturer or producer of dangerous goods that has possession of dangerous goods at a handling site for the purposes of loading them prior to, or unloading them after, transportation by rail. (chargeur ferroviaire)

• Marginal note:Terminology — Transportation of Dangerous Goods Regulations

  (2) Unless the context requires otherwise, all other words and expressions used in these Regulations have the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations.

PART 1Rail Security Reporting

Marginal note:Objective

2 This Part sets out security requirements for the purposes of section 5 of the Act.

Marginal note:Potential threats and other security concerns

• 3 (1) A railway carrier must immediately report any potential threat or other security concern by telephone to the Transport Canada Situation Centre. Potential threats and other security concerns include

  • (a) any interference with a train crew;

  • (b) any bomb threats, either specific or non-specific;

  • (c) any reports or discoveries of suspicious items when the report or discovery results in a disruption of railway operations;

  • (d) any suspicious activities observed on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

  • (e) the discovery, seizure or discharge of a firearm or other weapon on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

  • (f) any signs of tampering with a railway vehicle if the railway carrier determines that security has been compromised; and

  • (g) any information relating to the possible surveillance of a railway vehicle, of infrastructure used in railway operations or of a facility or location used in railway operations.

• Marginal note:Contents of report

  (2) The report must include, if applicable and to the extent known, the following information:

  • (a) the railway carrier’s name and contact information, including telephone number and email address;

  • (b) the name of the person who is making the report on behalf of the railway carrier and the person’s title and contact information, including their telephone number and email address;

  • (c) any information that identifies any train that is affected by the potential threat or other security concern, including its itinerary and line or route position;

  • (d) any information that identifies any railway vehicle, infrastructure, facility or location that is affected by the potential threat or other security concern;

  • (e) the classification and quantity of any dangerous goods that are involved in the potential threat or other security concern; and

  • (f) a description of the potential threat or other security concern, including the date and time that the railway carrier became aware of it and the date and time of any incident linked to it.

PART 2Rail Security Requirements

General

Marginal note:Objective

4 This Part sets out security requirements for the purposes of section 5 of the Act.

Coordinator

Marginal note:Rail security coordinator

• 5 (1) A railway carrier must, at all times, have an employee designated as a rail security coordinator or an acting rail security coordinator.

• Marginal note:Contact information

  (2) The railway carrier must provide the Minister with

  • (a) the name and job title of the rail security coordinator or acting rail security coordinator; and

  • (b) 24-hour contact information for the rail security coordinator or acting rail security coordinator.

Marginal note:Duties

6 A railway carrier must ensure that the rail security coordinator or acting rail security coordinator

• (a) coordinates security matters within the railway carrier’s organization; and

• (b) acts as the principal contact between the railway carrier, law enforcement and emergency response agencies and the Minister with respect to security matters.

Inspections

Marginal note:Security inspection — railway vehicle accepted

• 7 (1) If a railway carrier accepts a railway vehicle that contains dangerous goods for transport in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations, the railway carrier must carry out a visual security inspection of the railway vehicle when it is accepted for transport and when it is placed in the train.

• Marginal note:Security inspection — dangerous goods accepted

  (2) If a railway carrier accepts dangerous goods for transport in a railway vehicle in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations, the railway carrier must carry out a visual security inspection of the railway vehicle when it is placed in the train.

• Marginal note:Tampering or suspicious items

  (3) If a railway carrier that is carrying out an inspection under subsection (1) or (2) discovers signs of tampering or a suspicious item, the railway carrier must take measures to determine whether security has been compromised.

• Marginal note:Compromise of security

  (4) If the railway carrier determines that security has been compromised, the railway carrier must take measures to address the situation before transporting the dangerous goods.

PART 3Security Plan and Training

General

Marginal note:Prescribed persons

8 A railway carrier, or a person who is employed by or is acting directly or indirectly for a railway carrier, is a prescribed person for the purposes of section 7.3 of the Act.

Security Plan and Security Plan Training

Marginal note:Application — security-sensitive dangerous goods

• 9 (1) Sections 10 to 13 apply only to railway carriers that transport and railway loaders that offer for transport or handle any of the security-sensitive dangerous goods set out in Schedule 1.

• Marginal note:Precision

  (2) For greater certainty, paragraph 10(1)(g) does not apply to railway loaders.

Marginal note:Security plan

• 10 (1) A railway carrier or railway loader is required to implement a security plan that

  • (a) is in writing;

  • (b) identifies, by job title, a senior manager responsible for the plan’s overall development and implementation;

  • (c) describes the railway carrier’s or railway loader’s organizational structure, identifies the departments that are responsible for implementing the plan or any portion of it and identifies every position whose incumbent is responsible for implementing the plan or any portion of it;

  • (d) describes the security duties of each identified department and position;

  • (e) sets out a process for notifying each person in a position referred to in paragraph (b) or (c) and who is responsible for implementing the plan or any portion of it that the plan or that portion of it must be implemented;

  • (f) includes an assessment of the security risks associated with the offering for transport, handling or transport of the dangerous goods set out in Schedule 1 that the railway carrier or railway loader offers for transport, handles or transports;

  • (g) sets out a process for security inspections referred to in section 7, including

    • (i) a procedure for conducting security inspections,

    • (ii) a method for determining whether security has been compromised,

    • (iii) a method for determining whether additional security inspections are necessary when, given the circumstances, security could be compromised, and

    • (iv) a method for addressing the situation, if it is determined that security has been compromised;

  • (h) sets out measures to prevent access by unauthorized persons to the dangerous goods set out in Schedule 1 and to the railway vehicles used to transport those dangerous goods;

  • (i) sets out measures to verify information provided by candidates for positions that involve access to the dangerous goods set out in Schedule 1;

  • (j) sets out a policy on limiting access to security-sensitive information and sets out measures for the sharing, storing and destruction of that information;

  • (k) sets out measures to address other security risks identified in the assessment referred to in paragraph (f);

  • (l) sets out a program for the security awareness training required under section 14 and the security plan training required under section 11; and

  • (m) sets out measures to respond to a security incident and for reporting it.

• Marginal note:Implementation

  (2) The railway carrier or railway loader must

  • (a) make the most recent version of the security plan or any portion of it available to each person who is responsible for implementing the plan or that portion of it;

  • (b) review, and if necessary revise, the plan at least once a year;

  • (c) revise the plan if a change in circumstances is likely to affect the security risks identified in the assessment referred to in paragraph (1)(f);

  • (d) notify without delay the persons referred to in paragraph (a) of any significant revisions to the plan; and

  • (e) provide a copy of the plan to the Minister upon his or her request.

• Marginal note:Commensurate measures

  (3) The measures required under subsection (1) and under subsection 7.3(2) of the Act must be commensurate with the security risks identified in the assessment referred to in paragraph (1)(f).

• Marginal note:Pre-existing plan

  (4) For greater certainty, nothing in this section requires a railway carrier or railway loader to develop a security plan if it already has a plan that meets the requirements of subsections (1) and (3).

Marginal note:Persons required to undergo security plan training

• 11 (1) A person who is employed by or is acting directly or indirectly for a railway carrier or railway loader to which this section applies is required to undergo training on the security plan if that person

  • (a) offers for transport, handles or transports by railway vehicle, in Canada, any of the dangerous goods set out in Schedule 1; or

  • (b) is responsible, in Canada, for implementing the security plan or any portion of it but does not perform any of the duties referred to in paragraph (a).

• Marginal note:Provision of training

  (2) The railway carrier or railway loader must ensure that training on the security plan is provided to the person

  • (a) before the day on which the person initially undertakes the duties referred to in paragraph (1)(a), unless the person has, before that date, received training that meets the requirements of section 12;

  • (b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the responsibility referred to in paragraph (1)(b), unless the person has, before that date, received training that meets the requirements of section 12; and

  • (c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any training received before the coming into force of this subsection that meets the requirements of section 12.

• Marginal note:Supervision

  (3) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (1)(b) undergoes training on the security plan, the person performs their duties under the supervision of a person who has undergone training on the components of the plan that are relevant to the duties of the person being supervised.

Marginal note:Training topics

12 Training on the security plan must cover the following topics:

• (a) the railway carrier’s or railway loader’s security objectives;

• (b) the railway carrier’s or railway loader’s organizational structure with respect to security;

• (c) the railway carrier’s or railway loader’s security procedures;

• (d) the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and

• (e) the security plan measures that, in the event of a security incident, are relevant to the duties of the person undergoing the training.

Marginal note:Training on revised plan

13 If a railway carrier or railway loader revises the security plan under subsection 10(2) in a way that significantly affects the duties referred to in subsection 11(1), it must ensure that a person with those duties is provided with training on the revisions as soon as possible but not later than 90 days after the day on which the plan is revised.

Security Awareness Training

Marginal note:Security awareness training

• 14 (1) A railway carrier or railway loader must ensure that security awareness training is provided on the following topics:

  • (a) the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports;

  • (b) the measures that are designed to enhance rail security; and

  • (c) the recognition of and response to potential threats and other security concerns.

• Marginal note:Persons required to undergo training

  (2) A person who is employed by or is acting directly or indirectly for the railway carrier or railway loader is required to undergo the security awareness training if the person

  • (a) offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or

  • (b) has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a).

• Marginal note:Provision of training

  (3) The railway carrier or railway loader must ensure that the security awareness training is provided to the person

  • (a) before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training;

  • (b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and

  • (c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection.

• Marginal note:Supervision

  (4) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (2)(b) undergoes security awareness training, the person performs their duties under the supervision of a person who has undergone that training.

Training Records

Marginal note:Training records

• 15 (1) A railway carrier or railway loader must have a training record for each person who has undergone training under section 11, 13 or 14.

• Marginal note:Contents of training record

  (2) The training record must include

  • (a) the person’s name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and

  • (b) the title and date of each training session that the person has previously followed under each section.

• Marginal note:Retention period

  (3) The railway carrier or railway loader must retain the record for at least two years after the day on which the person ceases to be employed by or act directly or indirectly for the railway carrier or railway loader.

PART 4Exemptions

Marginal note:Various exemptions

16 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from all or a portion of the Transportation of Dangerous Goods Regulations in accordance with one or more of the provisions of those Regulations that are set out in Schedule 2.

Marginal note:Limited quantities

17 Parts 1 to 3 do not apply in respect of dangerous goods that are in a limited quantity as determined in accordance with subsection 1.17(1) of the Transportation of Dangerous Goods Regulations.

Marginal note:Excepted quantities

18 Parts 1 to 3 do not apply in respect of dangerous goods if

• (a) they are in an excepted quantity as determined in accordance with subsections 1.17.1(1) and (2) of the Transportation of Dangerous Goods Regulations or are in an excepted quantity that is specified in subsection 1.17.1(8) of those Regulations; and

• (b) the requirement set out in subsection 1.17.1(5) of those Regulations is met.

Marginal note:Samples for classifying, analysing or testing

19 Parts 2 and 3 do not apply in respect of samples of goods that a railway loader reasonably believes to be dangerous goods if

• (a) the classification or the exact chemical composition of the goods is unknown and cannot be readily determined; and

• (b) the conditions set out in paragraphs 1.19.1(a) to (d) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Dangerous goods in apparatus, piece of equipment or piece of machinery

20 Part 2 and sections 9 to 13 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 167 of those Regulations.

Marginal note:Flammable liquids

21 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.33 of those Regulations.

Marginal note:Engines or machinery containing dangerous goods

22 Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 154 of those Regulations.

Marginal note:Human or animal specimens

23 Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.42 of those Regulations.

Marginal note:Medical or clinical waste

24 Parts 1 to 3 do not apply in respect of dangerous goods that are medical waste or clinical waste if the conditions set out in paragraphs 1.42.3(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Radioactive materials

25 Parts 2 and 3 do not apply in respect of dangerous goods that are radioactive materials included in Class 7 if the conditions set out in paragraphs 1.43(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Residue in drum

• 26 (1) Subject to subsection (2), Part 2 and sections 9 to 13 do not apply in respect of a residue of dangerous goods contained in a drum if the conditions set out in paragraphs 1.44(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

• Marginal note:Exception

  (2) This exemption does not apply in respect of dangerous goods that are included in Packing Group I or that are contained in a drum for which a Class 1, 4.3, 6.2 or 7 label is required under the Transportation of Dangerous Goods Regulations.

Marginal note:Marine pollutants

27 Part 2 and sections 9 to 13 do not apply in respect of substances that are classified as marine pollutants in accordance with subparagraph 2.43(b)(ii) of the Transportation of Dangerous Goods Regulations.

Marginal note:Life-saving appliances

28 Parts 1 to 3 do not apply in respect of dangerous goods that are determined, in accordance with subsections (1) and (2) of special provision 21 of the Transportation of Dangerous Goods Regulations, to be either UN2990, LIFE-SAVING APPLIANCES, SELF-INFLATING or UN3072, LIFE-SAVING APPLIANCES NOT SELF-INFLATING, if the conditions set out in subsection (3) of that special provision are met.

Marginal note:Molten sulphur

29 Parts 1 to 3 do not apply in respect of dangerous goods that are UN2448, MOLTEN SULFUR, MOLTEN SULPHUR, SULFUR, MOLTEN or SULPHUR, MOLTEN, if the dangerous goods are transported in a large means of containment and the conditions set out in paragraphs (a) and (b) of special provision 32 of the Transportation of Dangerous Goods Regulations are met.

Marginal note:Lithium cells and batteries

30 Parts 1 to 3 do not apply in respect of dangerous goods that are UN3090, LITHIUM METAL BATTERIES (including lithium alloy batteries), UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT (including lithium alloy batteries) or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT (including lithium alloy batteries), UN3480, LITHIUM ION BATTERIES (including lithium ion polymer batteries) or UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT (including lithium ion polymer batteries) or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT (including lithium ion polymer batteries), if

• (a) the conditions set out in subsection (1) of special provision 34 of the Transportation of Dangerous Goods Regulations are met; and

• (b) in the case of cells and batteries that are installed in equipment, the requirements of subsections (2) to (4) of special provision 34 of those Regulations are met.

Marginal note:Neutron radiation detectors

• 31 (1) Parts 1 to 3 do not apply in respect of a neutron radiation detector, including one with solder glass joints, that

  • (a) does not contain more than 1 g of boron trifluoride gas;

  • (b) may be transported under the UN number and shipping name UN1008, BORON TRIFLUORIDE, in accordance with subsection (1) of special provision 145 of the Transportation of Dangerous Goods Regulations; and

  • (c) is packed in accordance with subsection (2) of special provision 145 of those Regulations.

• Marginal note:Radiation detection systems

  (2) Parts 1 to 3 do not apply in respect of a radiation detection system that contains a neutron radiation detector, including one with solder glass joints, if

  • (a) the neutron radiation detector meets the conditions set out in paragraphs (1)(a) and (b); and

  • (b) the radiation detection system is packed in accordance with subsection (3) of special provision 145 of the Transportation of Dangerous Goods Regulations.

PART 5Amendments and Coming into Force

Amendments to These Regulations

32 [Amendments]

33 [Amendments]

34 [Amendments]

Coming into Force

Marginal note:One month after registration

• 35 (1) Subject to subsections (2) to (4), these Regulations come into force on the day that, in the first month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that first month has no day with that number, the last day of that first month.

• Marginal note:Three months after registration

  (2) Sections 4 to 7 come into force on the day that, in the third month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that third month has no day with that number, the last day of that third month.

• Marginal note:Nine months after registration

  (3) Sections 8 to 15 come into force on the day that, in the ninth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that ninth month has no day with that number, the last day of that ninth month.

• Marginal note:First anniversary of registration

  (4) Sections 19 and 32 to 34 come into force on the first anniversary of the day on which these Regulations are registered.