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Railway Personnel Training and Qualifications Regulations (SOR/2026-141)

Regulations are current to 2026-07-21

Examinations and Evaluations

The following provision is not in force.

Marginal note:Knowledge-based examination

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     (1) Subject 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.

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    Marginal note:Exception

    (2) A 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.

The following provision is not in force.

Marginal note:Examiners — correction

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     (1) The railway company must ensure that an examiner

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      (a) corrects the examination referred to in subsection 16(1) and gives a mark;

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      (b) 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; and

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      (c) completes, signs and provides the railway company with a document indicating the mark given.

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    Marginal note:Qualifications of examiner

    (2) The 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).

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    Marginal note:Exception

    (3) The 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.

The following provision is not in force.

Marginal note:On-the-job evaluation

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     (1) A 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.

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    Marginal note:Evaluation

    (2) The railway company must ensure that the evaluator

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      (a) evaluates the person’s knowledge and skills and gives a mark;

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      (b) 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; and

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      (c) completes, signs and provides the railway company with a document indicating the mark given.

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    Marginal note:Qualifications of evaluator

    (3) The railway company must ensure that, before an evaluator carries out their duties, the evaluator

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      (a) holds a certificate for the position for which the evaluator is conducting a knowledge and skills evaluation; and

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      (b) has obtained a mark of at least 90% on the latest examination administered to them under subsection (1).

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Marginal note:Use of simulator

 A railway company must not use a simulator as the only means of conducting an on-the-job evaluation.

Records

The following provision is not in force.

Marginal note:Training record

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     (1) A 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.

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    Marginal note:Record keeping

    (2) The railway company must keep the record for at least six years after the day on which it is created.

Bargaining Agents

The following provision is not in force.

Marginal note:Establishment of training program

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     (1) A railway company must

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      (a) before it establishes a training program, consult with the bargaining agents representing the employees who are affected by the program; and

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      (b) before it implements the program, inform those bargaining agents.

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    Marginal note:Changes to training program

    (2) Before 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.

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    Marginal note:Exception

    (3) However, 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.

The following provision is not in force.

Marginal note:No bargaining agent

 If 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

The following provision is not in force.

 [Amendments]

Coming into Force

Marginal note:Second anniversary of publication

 These Regulations come into force on the second anniversary of the day on which they are published in the Canada Gazette, Part II.

 

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