Transportation of Dangerous Goods by Rail Security Regulations (SOR/2019-113)

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.