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"Point in Time" Regulation Content

Railway Safety Act

Railway Safety Adopted Provisions Regulation

B.C. Reg. 210/2004

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 3 September 20, 2020
Section 3.1 November 22, 2019
Section 3.2 September 20, 2020
Section 4 November 22, 2019
Section 6 September 20, 2020
Section 7 September 20, 2020
Schedule November 22, 2019
September 20, 2020
June 9, 2022

 Section 3, items 1, 6, 8, 11, 12 and 20 BEFORE amended by BC Reg 237/2020, effective September 20, 2020.

1Section 4In the definition of "Minister", the words "Minister of Transport" are removed and the words "minister charged with the administration of the Railway Safety Act" are substituted.
In the definition of "superior court", paragraphs (a) to (e) are removed and the words "the Supreme Court" are substituted.
In section 4 (5), the words "With the exception of a notice or document sent to or by the Tribunal," are removed.
6Sections 16 (1), (3), (4) and (6)The word "Agency", wherever it appears, is removed and the word "minister" is substituted.
In section 16 (1), the words "or the Railway Relocation and Crossing Act" are removed.
In section 16 (4), the words "any grant made under section 12 or 13 in respect of that matter," are removed.
8Sections 19, 20 and 21 
11Section 22 (2) to (7)In section 22 (2) (a), the words "made under subsection 18 (1) or (2.1)" are removed and the words "in respect of matters referred to in section 18 (1) or (2.1)" are substituted.
In section 22 (2) (b), the words "made under subsection 18 (2)" are removed and the words "in respect of matters referred to in section 18 (2)" are substituted.
In section 22 (4), the words "under subsection 18 (1), (2) or (2.1)" are removed and the words "in respect of matters referred to in section 18 (1), (2) or (2.1)" are substituted.
12Section 22.1 In section 22.1 (1), the words "of standards formulated under section 7, regulations made under subsection 18 (1) or (2) or 24 (1)" are removed and the words "of engineering standards governing the construction or alteration of railway works, adopted provisions in respect of matters referred to in section 18 (1) or (2) or 24 (1)" are substituted.
20Section 28 In subsection (1) (a) the words "in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector" are removed.

 Section 3, items 1.1, 6.1, 6.2, 8.1, 8.2, 8.3, 22.1 and 25.1 were added by BC Reg 237/2020, effective September 20, 2020.

 Section 3, item 13 BEFORE repealed by BC Reg 237/2020, effective September 20, 2020.

13Section 23 (2) The words "made under section 18" are removed.

 Section 3.1 was enacted by BC Reg 234/2019, effective November 22, 2019.

 Section 3.2 was enacted by BC Reg 237/2020, effective September 20, 2020.

 Section 4 (3) BEFORE amended by BC Reg 234/2019, effective November 22, 2019.

(3) A reference to a safety inspector in any provision adopted under subsection 1 is to be read as a reference to a railway safety inspector appointed under section 4 of the Act.

 Section 4 (4) BEFORE repealed by BC Reg 234/2019, effective November 22, 2019.

(4) For the purposes of section 9 of the Act, the Railway Safety Management System Regulations, SOR 2001-37, are adopted, with section 2 changed by adding the words "that is satisfactory to the minister and" after "safety management system".

 Section 6 BEFORE re-enacted by BC Reg 237/2020, effective September 20, 2020.

Adopted provisions from the Transportation Safety Board Regulations, SOR 92-446

6   (1) For the purposes of section 9 of the Act, the provisions of the Transportation Safety Board Regulations, SOR 92-446, referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Board in a provision adopted under subsection (1) is to be read as a reference to the minister.

ItemColumn 1
Provisions of the
Transportation Safety
Board Regulations
(Canada)
Column 2
Changes
1Section 2 (1) All of the definitions are removed except for the definitions of "Act", "collision", "dangerous goods", "derailment", "grade-crossing collision", "railway company", "reportable accident", "reportable incident", "reportable railway accident", "reportable railway incident", "risk of collision", "serious injury", "special situation" and "track operator".
In the definition of "collision", the words "ships, rolling stock or aircraft, or between a ship, rolling stock or aircraft and another object" are removed and the words "rolling stock or between rolling stock and another object" are substituted.
In the definition of "reportable accident" the words "a reportable marine accident" and the words "a reportable commodity pipeline accident or a reportable aviation accident" are removed.
In the definition of "reportable incident" the words "a reportable marine incident" and the words "a reportable commodity pipeline incident or a reportable aviation incident" are removed.
In the definition of "risk of collision" the words "a ship" and "or aircraft" are removed.
2Section 4 
3Section 7The words "a ship" and "commodity pipeline or aircraft" are removed.
4Section 8In section 8 (2) the words "subsection 3 (1), 4 (1), 5(1) or 6 (1)" are removed and the words "subsection 4 (1)" are substituted.
5Section 9In section 9 (1) the words "as defined in subsection 19 (16) of the Act" are removed.
6Section 10In section 10 (1) the words "paragraph 23 (2) (a), (b) or (d)" are removed and the words "paragraph 23 (2) (b)" are substituted.
In section 10 (1) (b) the words "ship" and "commodity pipeline or aircraft" are removed.
In section 10 (1) (c) the words "as defined in subsection 19 (16) of the Act" are removed.
In section 10 (1) (c) (iii) the words "the ship" and "commodity pipeline or aircraft" are removed.
Section 10 (2) is removed.
7Section 20In section 20 (1) the words ", or at a public inquiry held pursuant to subsection 12 (2) of these Regulations," are removed.
8Section 21 
9Section 28 to 34In section 31, the words "an aircraft, ship" and "or commodity pipeline" are removed.
10Schedule 

[en. B.C. Reg. 77/2005, s. 4.]

 Section 7, item 8 BEFORE amended by BC Reg 237/2020, effective September 20, 2020.

8Sections 99 to 103

 Schedule, Regulations, items 6, 16, and 20 to 25, BEFORE repealed by BC Reg 234/2019, effective November 22, 2019.

6  Heating and Power Boilers Regulations (GO 0-11)

16  Railway Safety Management System Regulations (SOR 10000-15)

20  Gateway Inspection Order (January 23, 1981, R-31780, R-41089 [112R])

21  Marshalling of Occupied Cabooses Order (June 26, 1987, R-40809)

22  Rail Grinding Equipment Operations Order (January 9, 1985, R-37621)

23  Switch Locks Installation Order CN (July, 1986, R-39612)

24  Switch Locks Installation Order CP (July, 1986, R-39611)

25  Switch Locks Installation Order CP (October, 1986, R-39910)

 Schedule, Regulations item 26 was added by BC Reg 234/2019, effective November 22, 2019.

 Schedule, Rules, items 1 to 12 BEFORE amended by BC Reg 234/2019, effective November 22, 2019.

Rules

1  Canadian Rail Operating Rules (May 28, 2008, TC O 0-93)

2  Railway Employee Radio Communication Rule (September 9, 1994, TC O-09)

3  Railway Freight & Passenger Train Brakes Rules (October 25, 1994, TC O-07.1)

4  Railway Freight Car Inspection & Safety Rules (October 25, 1994, TC O-0.61)

5  Railway Locomotive Inspection & Safety Rules (November 9, 2001, TC O 0-29)

6  Railway Passenger Car Inspection & Safety Rules (November 8, 2001, TC O 0-26)

7  Railway Passenger Handling Safety Rules and RAC Circular of Recommended Practices No. 6—Passenger Train Handling Safety and Emergency Procedures (March 31, 2000, TC O 0-16)

8  Railway Rules Governing Safety Critical Positions and Railway Medical Rules for Positions Critical to Safe Railway Operations (June 16, 2000, TC O 0-17)

9  Rules for the Control and Prevention of Fires on Railway Rights-of-Way (July 28, 1995, MO 95-02)

10  Rules for the Installation, Inspection & Testing of Air Reservoirs (Other than on Locomotives) (December 5, 1994, TC O-010)

11  Rules Respecting Track Safety (December 18, 1997, E-04.2)

12  Work/Rest Rules for Rail Operating Employees and Circular No. 14, Recommended Procedures and Practices for Application of Work/Rest Rules (June 18, 2002, TC O 0-33)

 Schedule, Regulations, items 7, 12 and 13 BEFORE repealed by BC Reg 237/2020, effective September 20, 2020.

7  Highway Crossings Protective Devices Regulations (GO E-06)

12  Railway Grade Separations Regulations (GO E-05)

13  Railway Highway Crossing at Grade Regulations (CTC 1980-8-R)

 Schedule, Standards, item 2 BEFORE amended by BC Reg 237/2020, effective September 20, 2020.

2  Railway Signal & Traffic Control Systems Standards (August 26, 1996, TC E-07.01)

 Schedule, Standards, item 5 was added by BC Reg 237/2020, effective September 20, 2020.

 Schedule, Rules, items 1, 10 and 11 BEFORE amended by BC Reg 134/2022, effective June 9, 2022.

1  Canadian Rail Operating Rules (May 18, 2018)

10  Rules Respecting Track Safety (May 25, 2012, TC E-54)

11  Work/Rest Rules for Railway Operating Employees (February 23, 2011, TC O-0-140)