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RAILWAY SAFETY ACTFREE TRADE AND LABOUR MOBILITY IN CANADA ACTRailway Personnel Training and Qualifications RegulationsP.C.2026-63020266
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport with respect to the provisions of the annexed Railway Personnel Training and Qualifications Regulations other than section 23 and on the recommendation of the President of the King’s Privy Council for Canada with respect to that section 23, makes the annexed Railway Personnel Training and Qualifications Regulations undersubsections 18(1)a and 37(1)b of the Railway Safety Actc; andS.C. 2012, c. 7, ss. 13(1) and (2)S.C. 2015, c. 31, s. 31(1)R.S., c. 32 (4th Supp.)subsection 11(1) of the Free Trade and Labour Mobility in Canada Actd.S.C. 2025, c. 2, s. 2General
Non-applicationThese Regulations, other than subsections 2(5) and (6), do not apply in respect of a person who carries out the duties of a position listed in subsection 2(1) if the personis a member of a railroad crew that originates from a home terminal in the United States and enters Canada to reach a terminal or turnaround point that is within 24 km (15 miles) of the boundary between Canada and the United States; andholds a certificate issued by a railway company of the United States authorizing the person to carry out those duties.
Positions critical to safe railway operationsFor the purposes of these Regulations, all of the following positions are declared to be critical to safe railway operations:locomotive engineer;conductor;transfer hostler;yard person;remote control locomotive operator;rail traffic controller.Requirement to hold certificateA railway company must ensure that a person who carries out the duties of a position listed in subsection (1) holds a certificate issued under these Regulations authorizing the person to carry out the duties of the position.Less than two years’ experienceSubject to subsection (4), a railway company must ensure that the holder of a certificate for a position listed in subsection (1) and who has carried out the duties of the position for less than two years in total is able, while carrying out their duties, to contact a person who holds a certificate for the same position and who has carried out the relevant duties for at least two consecutive years.ExceptionSubsection (3) does not apply in respect of a certificate holder who is a locomotive engineer on board a passenger train if there are at least two locomotive engineers on board.Requirement to possess certificateA certificate holder must have their certificate in their possession, in paper or electronic format, while they carry out their duties.Requirement to produce certificateA certificate holder must produce the certificate at the request of any person who is designated to enforce or administer the Railway Safety Act.
Issuance of certificateBefore issuing a certificate to a person for a position listed in subsection 2(1), a railway company must ensure that the person meets the following conditions:they have completed the knowledge-based training referred to in section 10 and have obtained a mark of at least 80% on the examination referred to in subsection 16(1); andthey have completed the on-the-job training referred to in section 11 and have obtained a mark of at least 80% on the evaluation referred to in subsection 18(1).Expiry of certificateThe certificate expires on the third anniversary of the day on which it is issued.Issuance of certificate — presumptionOn the day on which these Regulations come into force, a remote control locomotive operator or rail traffic controller is deemed to have met the conditions set out in subsection (1) if the railway company is satisfied that the remote control locomotive operator or rail traffic controller has the skills, qualifications and knowledge set out in the Railway Safety Management System Regulations, 2015 to perform their duties safely.Previous certificatesA certificate issued under the Railway Employee Qualification Standards Regulations is deemed to have been issued under these Regulations and remains valid until the third anniversary of the day on which it is issued.
Transfer of certificateA railway company must ensure that the holder of a certificate that is issued by another railway company for a position listed in subsection 2(1) is able to carry out their new duties safely.Validity of certificateIf the railway company is satisfied that the certificate holder is able to carry out their new duties safely, the certificate remains valid until its expiry date.
Renewal of certificateA railway company may renew a certificate for a position listed in subsection 2(1) ifthe certificate holder has completed the renewal training referred to in section 15;the certificate holder has obtained a mark of at least 80% on the examination referred to in subsection 16(1) and the evaluation referred to in subsection 18(1); andthe certificate is still valid or has been expired for no longer than 12 months.Expiry of certificateThe renewed certificate expires on the third anniversary of the day on which it is renewed.
Non-exercise of dutiesIf a person has not, for at least 12 months, carried out the duties of a position listed in subsection 2(1) for which they hold a certificate, that person cannot resume those duties unless the railway company renews their certificate in accordance with section 5.
TrainingGeneral
Training programA railway company must establish and implement a training program designed to ensure the safe exercise of duties of the positions listed in subsection 2(1) that meets the requirements of sections 10 to 14 and that includes crew resource management, including threat and error management, interpersonal communication, situational awareness, leadership, teamwork, problem solving, decision making and emergency situations.
Training requirementA railway company must ensure that a person who holds a position listed in subsection 2(1) receives training in accordance with these Regulations.
Instructors — knowledge-based trainingA railway company must ensure that, before an instructor provides the knowledge-based training referred to in section 10, the instructor meets the following conditions:they have completed the same training within the previous five years and have obtained a mark of at least 90% on the latest examination administered to them under subsection 16(1);they have completed any other training required by these Regulations to carry out the duties for which they will provide the training; andthey have completed instructor qualification training provided by the railway company.Instructors — on-the-job trainingA railway company must ensure that, before an instructor provides the on-the-job training referred to in section 11, the instructor meets the following conditions:they hold a certificate for the position for which they will provide the training;they have completed the most recent version of the on-the-job training referred to in section 11 and have obtained a mark of at least 90% on the latest evaluation administered to them under subsection 18(1);they have carried out the duties for which they will provide the training for at least three consecutive months in the area where the training is provided;they have at least two years’ experience in carrying out the duties for which they will provide the training; andthey have completed instructor qualification training provided by the railway company.Instructors — familiarization trainingA railway company must ensure that, before an instructor provides the familiarization training referred to in section 13, the instructor meets the conditions set out in subsection (2).ExceptionA railway company may authorize up to two persons who do not meet the conditions set out in subsections (1) to (3) to provide knowledge-based, on-the-job or familiarization training if they are responsible for the development of the training and related examinations and evaluations.
Initial Training
Knowledge-based trainingThe knowledge-based training must include the subjects that the person needs to know to carry out the duties of their position safely, including the subjects set out in any of columns 1 to 6 of the schedule marked with an “X” under the heading that corresponds to the position.Training contentThe knowledge-based training must also includethe requirements of the instruments listed in subsection 10(1) of the Railway Safety Management System Regulations, 2015;any federal legislation that may affect railway safety; andany of the railway company’s procedures, standards, instructions, bulletins or other internal documents that may affect railway safety.
On-the-job trainingThe on-the-job training mustbe sufficient to ensure that the person acquires the knowledge and skills required to carry out their duties safely; andinclude a practical component that allows the person to learn the duties of their position during the carrying out of tasks, evaluated in accordance with a defined performance scale.
Continuing Training
Change to training elementsA railway company must ensure that continuing training is provided to a certificate holder as soon as feasible if there is a change to any of the elements of the knowledge-based training or the on-the-job training.
Familiarization Training
Familiarization trainingA railway company must ensure that familiarization training is provided to a certificate holder before the certificate holder carries out their duties for the first time.Training contentThe familiarization training must includethe handling of railway equipment;the application of a railway company’s operating rules and special instructions;in respect of the area where the certificate holder is to carry out their duties,the topographic features, andthe physical characteristics of the railway work, including any grade crossings, grades and curves in a line of railway; andat least one practice trip carried out by the person in their designated area, using the railway equipment to be operated.
Training related to areaA railway company must ensure that the familiarization training is provided to a certificate holder who has not carried out their duties within the previous 12 months in the area to which they are assigned. The training must be provided before the certificate holder carries out their duties in that area.
Certificate Renewal Training
TrainingA railway company must ensure that knowledge-based training that meets the requirements of section 10 is provided to a certificate holder before the renewal of their certificate.
Examinations and Evaluations
Knowledge-based examinationSubject to subsection (2), a railway company must ensure that an examination is administered as part of the knowledge-based training referred to in sections 10 and 15 to determine whether the person has the knowledge required to carry out their duties safely.ExceptionA certificate holder who takes the renewal training referred to in section 15 is not required to undergo the examination if they successfully complete, no more than six months before the certificate’s expiry date, a competency test to ensure that they have the required knowledge and skills to carry out their duties safely.
Examiners — correctionThe railway company must ensure that an examinercorrects the examination referred to in subsection 16(1) and gives a mark;gives a mark of 80% or higher only if the examiner is satisfied that the person has sufficient knowledge to carry out their duties safely; andcompletes, signs and provides the railway company with a document indicating the mark given.Qualifications of examinerThe railway company must ensure that, before an examiner carries out their duties, the examiner has completed, within the previous five years, the knowledge-based training referred to in section 10 and has obtained a mark of at least 90% on the latest examination administered to them under subsection 16(1).ExceptionThe railway company may authorize up to two persons who do not meet the conditions set out in subsection (2) to carry out the duties of an examiner if they are responsible for the development of the knowledge-based training and related examinations.
On-the-job evaluationA railway company must ensure that an evaluator conducts an evaluation as part of the on-the-job training referred to in section 11 to determine whether the person has the required knowledge and skills to carry out their duties safely.EvaluationThe railway company must ensure that the evaluatorevaluates the person’s knowledge and skills and gives a mark;gives a mark of 80% or higher only if the evaluator is satisfied that the person has the required knowledge and skills to carry out their duties safely; andcompletes, signs and provides the railway company with a document indicating the mark given.Qualifications of evaluatorThe railway company must ensure that, before an evaluator carries out their duties, the evaluatorholds a certificate for the position for which the evaluator is conducting a knowledge and skills evaluation; andhas obtained a mark of at least 90% on the latest examination administered to them under subsection (1).
Use of simulatorA railway company must not use a simulator as the only means of conducting an on-the-job evaluation.
Records
Training recordA railway company must create a training record for each person who takes the training and undergoes the examinations and evaluations required under these Regulations and make the record available to the Minister on reasonable notice given by the Minister.Record keepingThe railway company must keep the record for at least six years after the day on which it is created.
Bargaining Agents
Establishment of training programA railway company mustbefore it establishes a training program, consult with the bargaining agents representing the employees who are affected by the program; andbefore it implements the program, inform those bargaining agents.Changes to training programBefore the railway company makes any changes to the training program that relate to railway safety, it must consult with the bargaining agents representing the employees who are affected by the program and inform those agents before the changes are implemented.ExceptionHowever, a railway company may make changes to the program on a temporary basis before consulting with the bargaining agents representing the employees if failure to make changes without delay could result in a threat to the safety of any person, property or to the environment.
No bargaining agentIf there is no bargaining agent, a railway company must consult or inform any affected employees or a representative selected by those employees with respect to the establishment of the training program or any changes to it.
Consequential Amendment to the Free Trade and Labour Mobility in Canada Regulations
[Amendments]
Coming into Force
Second anniversary of publicationThese Regulations come into force on the second anniversary of the day on which they are published in the Canada Gazette, Part II.
(Subsection 10(1))Knowledge-Based TrainingItemSubjectColumn 1Column 2Column 3Column 4Column 5Column 6Locomotive EngineerConductorTransfer HostlerYard PersonRemote Control Locomotive OperatorRail Traffic Controller1Railway Company’s Operating Rules and Special InstructionsXXXXXX2Dangerous GoodsXXXX3Train MarshallingXXXX4Air Brake Systems and TestsXXXX5Locomotive OperationXXX6Train HandlingXX7Freight Car and Train InspectionsXXXX8Passenger Evacuation ProceduresX