Transportation of Dangerous Goods by Rail Security Regulations

Marginal note:Security plan

• 10 (1) A railway carrier 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 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 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 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 to develop a security plan if it already has a plan that meets the requirements of subsections (1) and (3).