Railway Safety Adopted Provisions Regulation

B.C. Reg. 210/2004
M161/2004

Deposited May 12, 2004

This archived regulation consolidation is current to September 25, 2012 and includes changes enacted and in force by that date. For the most current information, click here.

Railway Safety Act

Railway Safety Adopted Provisions Regulation

[includes amendments up to B.C. Reg. 274/2008, October 14, 2008]

Contents
	1	Definition
	2	References in adopted provisions
	3	Adopted provisions from the Railway Safety Act (Canada)
	4	Adopted regulations, rules and standards
	5	Adopted provisions from the Canadian Transportation Accident Investigation and Safety Board Act
	6	Adopted provisions from the Transportation Safety Board Regulations, SOR 92-446
	7	Adopted provisions from the Canada Transportation Act
Schedule

Definition

1In this regulation:

"the Act" means the Railway Safety Act;

"source" means an Act, regulation, standard, code, rule or procedure from which an adopted provision is taken;

"word" includes punctuation marks and numbers.

References in adopted provisions

2(1) A reference in an adopted provision to another provision of the source from which the adopted provision is taken is to be read as a reference to that provision of the source.

(2) A reference in an adopted provision to a regulation is to be read as a reference to an adopted provision, unless the reference is changed to be a reference to a regulation made under the Act.

[am. B.C. Reg. 77/2005, s. 1.]

Adopted provisions from the Railway Safety Act (Canada)

3For the purposes of sections 4 and 9 of the Act, the provisions of the Railway Safety Act (Canada) referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

[am. B.C. Reg. 77/2005, s. 2.]

Item	Column 1 Provisions of the Railway Safety Act (Canada)	Column 2 Changes

1	Section 4	In 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.

2	Section 5

3	Section 7 (2)	In section 7 (2) (a), the words "governing any matters referred to in subsection (1) that are specified in the order" are removed and the words "in respect of the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards" are substituted.

4	Section 7 (2.1)	The words "subsection (1)" are removed and the words "subsection (2)" are substituted.

5	Sections 7 (3) and 8 to 11

6	Sections 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.

7	Section 18 (3)	The words "If the Governor General in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are" are removed and the words "If an adopted provision is" are substituted.

8	Sections 19, 20 and 21

11	Section 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.

12	Section 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.

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

15	Section 23.1

16	Sections 24 (1.1) and (2)	In section 24 (1.1), the words "made under subsection (1)" are removed and the words "in respect of matters referred to in subsection (1)" are substituted.

17	Sections 25 (1), (1.1), (2) and (3)	In section 25 (1) (c), the words "made under paragraph 24 (1) (e)" are removed and the words "in respect of matters referred to in section 24 (1) (e)" are substituted. In section 25 (1.1), the words "made under paragraph 24 (1) (e)" are removed and the words "in respect of matters referred to in section 24 (1) (e)" are substituted.

18	Sections 26 (1), (3) and (4)	The word "Agency", wherever it appears, is removed and the word "minister" substituted.

19	Sections 26.1, 26.2 and 27 (2) to (4)

20	Section 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.

21	Sections 29, 30, and 31 (1) to (8) and (10)

22	Section 32	In section 32 (2), the words "in right of British Columbia" are added after the words "Her Majesty". In section 32 (3), the words "made under section 24" are removed and the words "in respect of matters referred to in section 24" are substituted.

23	Section 33	In section 33 (5), the words "made under subsection 18 (1) or (2.1)" are removed.

24	Section 34

25	Section 35	In subsection (1) the words "made under paragraph 18 (1) (b)" and the words "made under subparagraph 18 (1) (c) (iii)" are removed.

26	Section 38

Adopted regulations, rules and standards

4(1) For the purposes of section 9 of the Act, the regulations, rules and standards set out in the Schedule are adopted.

(2) A reference to any of the following in a provision adopted under subsection (1) is to be read as a reference to the minister:

(a) Agency;

(b) Canadian Transport Commission;

(d) Department;

(e) Director of Engineering of the Agency;

(f) Director of Engineering of the Commission;

(g) Director of Operation, Canadian Transport Commission, Ottawa;

(h) Director of the Regional Railway Safety Directorate;

(i) Minister of Transport;

(j) Railway Transport Committee;

(k) Secretary of the Agency;

(l) Secretary of the Commission;

(m) Secretary of the Railway Transport Committee;

(n) Transport Canada.

(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.

(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".

[am. B.C. Reg. 77/2005, s. 3.]

Adopted provisions from the Canadian Transportation Accident Investigation and Safety Board Act

5(1) For the purposes of section 9 of the Act, the provisions of the Canadian Transportation Accident Investigation and Safety Board Act 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.


Item	Column 1 Provisions of the Canadian Transportation Accident Investigation and Safety Board Act	Column 2 Changes

1	Section 2	All of the definitions are removed except for the definitions of "coroner", "railway", "railway occurrence", and "rolling stock".
		The following definition is added: "investigator" means a person appointed under section 19 (0.2).

2	Section 7 (2), (3) and (4)	In section 7 (2) the word "transportation" is removed and the word "railway" is substituted.

3	Section 19	The words "transportation occurrence" are removed wherever they appear and the words "railway occurrence" are substituted.
		The following subsections are added:
		(0.1) The minister may determine whether to investigate any railway occurrence for the purposes of
		(a) making findings as to their causes and contributing factors,
		(b) identifying safety deficiencies as evidenced by railway occurrences, and
		(c) making recommendations designed to eliminate or reduce any such safety deficiencies.
		(0.2) The minister may appoint any person as an investigator for the purposes of the provisions adopted from the Canadian Transportation Accident Investigation and Safety Board Act and must provide persons who are so appointed with a certificate of appointment.
		(0.3) The minister has exclusive authority to direct the conduct of investigations undertaken under the provisions adopted from the Canadian Transportation Accident Investigation and Safety Board Act.
		In section 19 (4) the words "made under paragraph 34 (1) (h)" are removed.
		In section 19 (7) the words "transportation services" are removed and the words "railway services" are substituted.
		In section 19 (9) (b) the words "an aircraft, ship," and "or pipeline" are removed.
		In section 19 (11) the words "transportation safety" are removed and the words "railway safety" are substituted.
		In section 19 (14) (a) the words "an aircraft, a ship" and "or a pipeline" are removed.
		Section 19 (14) (b) is removed.
		In section 19 (15.1) the words "Federal Court or a superior court of a province" are removed and the words "Supreme Court" are substituted.
		In section 19 (16) in paragraph (a) of the definition of "place" the words "an aircraft, a ship, rolling stock, any other vessel or vehicle and a pipeline" are removed and the words "rolling stock" are substituted.

4	Section 20	In section 20 (3) the words "under this Act" are removed.

5	Section 23	Section 23 (1) is removed and the following substituted: "The minister may designate any person as an observer for the purposes of this section".
		In section 23 (2) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted and everything after "conducted by the Board" is removed.

6	Section 24	In section 24 (1) the words "transportation safety" are removed and the words "railway safety" are substituted.
		In section 24 (2) the words "Minister and any other" and "Minister or other" are removed.
		Section 24 (4) is removed.
		In section 24 (4.1) the words ", except for one made by a minister responsible for a department having a direct interest in the findings of the Board" are removed.
		In section 24 (4.2) the words "transportation safety" are removed and the words "railway safety" are substituted.
		In section 24 (5) (a) and (b) the words "transportation occurrence" are removed wherever they occur and the words "railway occurrence" are substituted.
		Sections 24 (6) to (8) are removed.

7	Section 25	Section 25 (1) (a) is removed.
		In section 25 (1) (b) the words "transportation occurrence" are removed from both places and the words "railway occurrence" are substituted.

8	Section 28 (1)

9	Section 28	Sections 28 (1) (a) (i), (ii) and (iv) are removed.
		In section 28 (1) (b) the words "an aircraft, ship, locomotive or pipeline" are removed and the words "a locomotive" are substituted.
		In section 28 (1) the words ", on the flight deck of the aircraft, on the bridge or in a control room of the ship, as the case may be," and "or in a place where pipeline operations are carried out, as the case may be," are removed.
		In sections 28 (3) and (4) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted.
		In section 28 (4) the words "transportation safety" are removed and the words "railway safety" are substituted.
		Section 28 (5) (c) is removed.
		In section 28 (7) everything after "or other proceedings, namely" is removed and the words "rail traffic controllers, train crew members and persons who relay messages respecting rail traffic control" are substituted.
		Section 28 (8) is removed.

10	Section 29	Sections 29 (1) (a) and (c) to (e) are removed.

11	Section 30	In section 30 (1) (a) (i) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted.
		In section 30 (3) the words "transportation safety" are removed and the words "railway safety" are substituted.
		Section 30 (4) (c) is removed.
		Section 30 (6) is removed.
		In section 30 (7) the words "or a prosecution under section 35" are removed.

12	Section 31	Sections 31 (1) and (3) are removed.
		In section 31 (2) the words "made under subsection (1)" are removed and the words "transportation safety" are removed and the words "railway safety" are substituted.
		In section 31 (4) and (5) the words "made under subsection (1)" are removed.

13	Sections 32, 33 and 36

[en. B.C. Reg. 77/2005, s. 4; am. B.C. Reg. 61/2006.]

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.


Item	Column 1 Provisions of the Transportation Safety Board Regulations (Canada)	Column2 Changes

1	Section 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.

2	Sections 4

3	Sections 7	The words "a ship" and "commodity pipeline or aircraft" are removed.

4	Sections 8	In 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.

5	Sections 9	In section 9 (1) the words "as defined in subsection 19 (16) of the Act" are removed.

6	Sections 10	In 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.

7	Sections 20	In section 20 (1) the words ", or at a public inquiry held pursuant to subsection 12 (2) of these Regulations," are removed.

8	Sections 21

9	Sections 28 to 34	In section 31, the words "an aircraft, ship" and "or commodity pipeline" are removed.

10	Schedule

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

Adopted provisions from the Canada Transportation Act

7(1) For the purposes of section 9 of the Act, the provisions of the Canada Transportation Act 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 Agency in a provision adopted under subsection (1) is to be read as a reference to the minister


Item	Column 1 Provisions of the Canada Transportation Act	Column 2 Changes

1	Section 6	All of the definitions are removed except for the definition of "rolling stock".
		The following definition is added: "superior court" means the Supreme Court.

2	Section 23	In section 23 (2), the words "Secretary of the" are removed.

3	Section 25	The section is renumbered as section 25 (1) and the following subsection is added: (2) The agency may award costs in any proceeding before it.

4	Section 26	The words "of Parliament" are removed.

5	Sections 27, 28 and 29 (1)	Sections 27 (2), (3) and (5) are removed and the following subsection is added:
		(2) The minister may make public an order or decision made under this section. In Section 29 (1), the words "or this Act or a regulation made under subsection (2) provides otherwise" are removed.

6	Section 30 to 33	In section 33, the words "Secretary of the" and "signed by the Chairperson and sealed with the Agency's seal" are removed.

7	Section 87	All of the definitions are removed except for the definitions of "land", "railway" and "road".
		In the definition of "land" the words "and, in relation to land in the Province of Quebec, includes the interests of a lessee" are removed.
		In the definition of "railway" the words "means a railway within the legislative authority of Parliament, and" are removed.

8	Sections 99 to 103	Section 101 (4) is removed.

9	Section 173 (1)	The words "or the Minister" are removed from both places.

[en. B.C. Reg. 77/2005, s. 4; am. B.C. Reg. 285/2006.]

Schedule

[en. B.C. Reg. 77/2005, s. 5; am. B.C. Reg. 274/2008.]

Adopted Regulations, Rules, Standards
under the Railway Safety Act (Canada)

Regulations

1 Ammonium Nitrate Storage Facilities Regulations (GO 0-36)

2 Anhydrous Ammonia Bulk Storage Regulations (GO 0-33)

3 Chlorine Tank Car Unloading Facilities Regulations (GO 0-35)

4 Flammable Liquids Bulk Storage Regulations (GO 0-32)

5 Handling of Carloads of Explosives on Railway Trackage Regulations (1978 -11)

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

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

8 Liquefied Petroleum Gases Bulk Storage Regulations (GO 0-31)

9 Mining Near Lines of Railways Regulations (TC E-03)

10 Notice of Railway Works Regulations (TC E-02)

11 Railway Employee Qualification Standards Regulations (CTC 1987-3-R)

12 Railway Grade Separations Regulations (GO E-05)

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

14 Railway Prevention of Electric Sparks Regulations (CTC 1982-8-R)

15 Railway Safety Appliance Standards Regulations (GO 0-10)

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

17 Service Equipment Cars Regulations (CTC 1986-9-R)

18 Specification 112 and 114 Tank Cars Regulations (CGSB 43-147-97)

19 Wire Crossings and Proximities Regulations (GO E-11)

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)

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)

Standards

1 Standard Respecting Railway Clearance (May 14, 1992, TC E-05)

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

3 Standards Respecting Pipeline Crossings Under Railways (June 21, 2000, TC E-10)

4 Transport Canada Standard For LED Signal Modules at Highway/Railway Grade Crossings (October 10, 2003, TC E-14)

[Provisions of the Railway Safety Act, S.B.C. 2004, c. 8, relevant to the enactment of this regulation: sections 4, 9 and 21 (2) (a)]