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

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.