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NEWFOUNDLAND AND LABRADOR
REGULATION 49/10

Rail Service Regulations
under the
Rail Service Act, 2009

Amended by:

96/10

NEWFOUNDLAND AND LABRADOR
REGULATION 49/10

Rail Service Regulations
under the
Rail Service Act, 2009

(Filed July 14, 2010)

Under the authority of subsections 15(1) and (3) of the Rail Service Act, 2009 , I make the following regulations.

Dated at St. Johnís, July 13, 2010.

Thomas J. Hedderson
Minister of Transportation and Works

REGULATIONS

Analysis


†††††††
1. Short title

††††††††††††† PART I
FITNESS CRITERIA

†††††††
2. Definitions

†††††††
3. Application of Part

†††††††
4. Insurance requirements

†††††††
5. Minister may reduce required amount

†††††††
6. Demonstration of fitness

††††††††††††† PART II
RAILWAY SAFETY REQUIREMENTS

†††††††
7. Definitions

†††††††
8. Compliance with safety standards required

†††††††
9. Standards to apply as amended from time to time

†††††
10. Reportable railway accidents and incidents

†††††
11. Exemptions respecting Highway Crossings Protective Devices Regulations

††††††††††††† PART III
POWERS OF INSPECTORS

†††††
12. Inspectors appointed under the Act


Schedule


Short title

††††††† 1. These regulations may be cited as the Rail Service Regulations .

49/10 s1

PART I
FITNESS CRITERIA

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Definitions

††††††† 2. In this Part

†††††††††††† (a) "deductible" means the amount of risk for which the insured takes financial responsibility under an insurance contract;

†††††††††††† (b) "liability insurance" means financial compensation provided for in a contract entered into between a railway company and an insurer in respect of the following matters arising with respect to a railway owned, constructed or operated by the railway company and out of the operations of the railway company as they relate to the railway or as a result of an act or omission of the railway company, or one of its officers, directors, employees or agents

††††††††††††††††††††† (i) third party bodily injury or death, including passengers,

†††††††††††††††††††† (ii) third party damage to property, and

††††††††††††††††††† (iii) named perils pollution;

†††††††††††† (c) "minister" means the minister appointed under the Executive Council Act to administer the Act; and

†††††††††††† (d) "named perils pollution" means risks that are set out in an insurance contract that are associated with seepage, pollution or contamination resulting from but not limited to collision, overturning, derailment, upset, hostile fire, lightning or explosion or other railway related accidents.

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Application of Part

††††††† 3. For the purpose of subsection 15(1) of the Act, this Part prescribes the criteria relating to fitness to hold a licence to operate a railway.

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Insurance requirements

††††††† 4. (1)†A railway company shall hold a minimum amount of $10,000,000 of liability insurance contracted with an insurer authorized to carry on business in the province.

†††††††††††† (2) The insurance required under subsection (1) shall name the Crown in right of the province as represented by the minister, her officers, employees and agents as additional insureds.

†††††††††††† (3) The railway company shall notify the minister in writing, without delay, of the cancellation of or an alteration to, or a proposed cancellation of or alteration to, its liability insurance coverage or change in operation of the railway or in the operations of the railway company in relation to the railway which may cause its insurance to no longer be adequate.

†††††††††††† (4) A liability insurance policy obtained by a railway company in compliance with this regulation shall include a term that cancellation of the policy or alteration to the coverage shall not be effective unless the minister is given at least 30 days notice of cancellation or alteration.

†††††††††††† (5) Before the commencement of the construction or operation of a railway, the railway company shall file with the minister a certified copy of the insurance policy required under subsection (1), or a certificate acceptable to the minister setting out the particulars of the insurance policy, including details of coverage and of deductible.

†††††††††††† (6) Where

†††††††††††† (a) there is an alteration in the coverage under an insurance policy required under subsection (1); or

†††††††††††† (b) an insurance policy obtained by a railway company in compliance with this regulation is replaced by another policy

the railway company shall file with the minister a certified copy of the altered or replacement policy, or a certificate acceptable to the minister setting out the particulars of the altered or replacement policy, including details of coverage and of deductible.

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Minister may reduce required amount

††††††† 5. The minister may reduce the minimum required amount of insurance set out in subsection 4 (1) with respect to a railway company or class of railway companies.

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Demonstration of fitness

††††††† 6. The applicant shall demonstrate that its management, managerial staff and other employees have or will have sufficient knowledge of all applicable regulations and rules relating to railway safety and operations, relative to their respective positions, to satisfy the minister that the railway can be operated safely and responsibly.

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PART II
RAILWAY SAFETY REQUIREMENTS

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Definitions

††††††† 7. In this Part

†††††††††††† (a) "collision" means an impact, other than an impact associated with normal operating circumstances, between rolling stock or between rolling stock and another object;

†††††††††††† (b) "dangerous goods" means a product, substance or organism

††††††††††††††††††††† (i) included by its nature or by the Transportation of Dangerous Goods Regulations in a class listed in the Schedule to the Transportation of Dangerous Goods Act , 1992 (Canada ), or

†††††††††††††††††††† (ii) that is a dangerous good as defined in the Dangerous Goods Handling and Transportation Act ;

†††††††††††† (c) "derailment" means an accident in which one or more wheels of rolling stock leave the rails, other than by reason of an explosion or a collision;

†††††††††††† (d) "grade-crossing collision" means a collision that occurs at a railway crossing between rolling stock and another crossing user;

†††††††††††† (e) "reportable railway accident" means an accident resulting directly from the operation of rolling stock, in which

††††††††††††††††††††† (i) a person sustains a serious injury or is killed as a result of

††††††††††††††††††††††††††† (A) being on board or getting on or off the rolling stock, or

††††††††††††††††††††††††††† (B) coming into contact with a part of the rolling stock or its contents, or

†††††††††††††††††††† (ii) the rolling stock

††††††††††††††††††††††††††† (A) is involved in a grade-crossing collision,

††††††††††††††††††††††††††† (B) is involved in a collision or derailment and is carrying passengers,

††††††††††††††††††††††††††† (C) is involved in a collision or derailment and is carrying dangerous goods, or is known to have last contained dangerous goods the residue of which has not been purged from the rolling stock,

††††††††††††††††††††††††††† (D) sustains damage that affects its safe operation, or

†††††††††††††††††††††††††††† (E) causes or sustains a fire or explosion, or causes damage to the railway, that poses a threat to the safety of a person, property or the environment;

††††††††††††† (f) "reportable railway incident" means an incident resulting directly from the operation of rolling stock, in which

††††††††††††††††††††† (i) a risk of collision occurs,

†††††††††††††††††††† (ii) an unprotected main track switch is left in an abnormal position,

††††††††††††††††††† (iii) a railway signal displays a less restrictive indication than that required for the intended movement of rolling stock,

††††††††††††††††††† (iv) an unprotected overlap of operating authorities occurs,

†††††††††††††††††††† (v) a movement of rolling stock exceeds the limits of its authority,

††††††††††††††††††† (vi) there is runaway rolling stock,

†††††††††††††††††† (vii) a crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform the crew memberís duties as a result of a physical incapacitation that poses a threat to a person, property or the environment, or

††††††††††††††††† (viii) dangerous goods are released on board or from the rolling stock;

†††††††††††† (g) "risk of collision" means a situation where rolling stock comes so close to being involved in a collision that a threat to the safety of a person, property or the environment exists;

†††††††††††† (h) "safety standard" means a regulation, circular, order, rule, standard, or similar thing set out in the Schedule;

††††††††††††† (i) "serious injury" means an injury that is likely to require admission to a hospital; and

††††††††††††† (j) "traffic authority" means a peace officer as defined in subsection 2(1) of theHighway Traffic Act.

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Compliance with safety standards required

††††††† 8. (1)†A railway to which the Act applies shall conform to, and shall be constructed and operated in compliance with, the safety standards set out in the Schedule to these regulations.

†††††††††††† (2) A railway company shall ensure that a railway owned, constructed or operated by it meets the requirements of subsection (1).

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Standards to apply as amended from time to time

††††††† 9. A reference to a safety standard in the Schedule is a reference to the safety standard as it may be amended, revised or replaced, notwithstanding that the amendment, revision or replacement may be set out in or take the form of

†††††††††††† (a) a document of a different character; or

†††††††††††† (b) a different type of statutory instrument.

49/10 s9

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Reportable railway accidents and incidents

††††† 10. (1)†Where a reportable railway accident or incident takes place, the railway company or a crew member aboard the rolling stock involved in the accident or incident shall report to the minister or a person designated by the minister the following information:

†††††††††††† (a) the name of the railway company;

†††††††††††† (b) the date, time and location of the accident or incident;

†††††††††††† (c) whether deaths or serious injuries resulted from the accident or incident and, if so, the number of persons killed or injured; and

†††††††††††† (d) whether the rolling stock carries dangerous goods.

†††††††††††† (2) A report under subsection (1) shall be made as soon as possible after the accident or incident but in any event, the report shall be made within 24 hours after the accident or incident.

†††††††††††† (3) In addition to the reporting requirements set out in subsections (1) and (2), the railway company shall, in a form approved by the minister, submit to the minister or a person designated by the minister within 30 days after the accident or incident all the following information:

†††††††††††† (a) the train number and direction;

†††††††††††† (b) the name of the railway company;

†††††††††††† (c) the names of the crew members;

†††††††††††† (d) the date and time of the accident or incident;

†††††††††††† (e) the location of the accident or incident by reference to a mileage and subdivision location and, if applicable, the track designation in a yard;

††††††††††††† (f) the number of crew members, passengers and other persons who were killed or sustained a serious injury;

†††††††††††† (g) a description of the accident or incident and the extent of resulting damage to the rolling stock, the railway, the environment and other property;

†††††††††††† (h) a description of dangerous goods contained in or released from the rolling stock;

††††††††††††† (i) in the case of a reportable accident, the time of arrival or anticipated time of arrival of wreck-clearing equipment; and

††††††††††††† (j) the name, title and location of the person making the report.

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Exemptions respecting Highway Crossings Protective Devices Regulations

††††† 11. (1)†A railway company may apply to the minister for an exemption from complying with the Highway Crossings Protective Devices Regulations, C.R.C., c. 1183, during a period of reduced train activity on a railway line.

†††††††††††† (2) An application for an exemption shall be made in the form the minister requires and shall contain or be accompanied by the information.

†††††††††††† (3) The railway company shall send a copy of the application and any supporting information to the traffic authority of every highway crossed by the railway line that will be affected by the proposed exemption.

†††††††††††† (4) Where the minister considers the exemption appropriate, he or she may issue an exemption permit, with or without conditions, but in any other case, the minister may refuse to issue an exemption permit.

†††††††††††† (5) Where the minister refuses to issue an exemption permit, he or she is not required to give reasons for the refusal.

†††††††††††† (6) The minister shall advise the railway company about his or her decision within 60 days after he or she receives all the required information about the application.

†††††††††††† (7) The railway company shall, without delay after being advised about the ministerís decision, advise every affected traffic authority about the decision.

†††††††††††† (8) Where an exemption permit is issued, the railway company shall also advise the traffic authorities about the expiry date stated in the permit.

†††††††††††† (9) An exemption permit expires on the earlier of

†††††††††††† (a) the expiry date stated in the permit; and

†††††††††††† (b) the day the railway company resumes regular operations on the railway line covered by the permit.

†††††††††† (10) An exemption permit is not renewable and may not be extended beyond the expiry date stated in the permit and shall

†††††††††††† (a) comply with a condition the minister imposes on the permit;

†††††††††††† (b) not more than 7 days before operating a train on the railway line covered by the permit, inspect every highway crossing protective device on the line the train will operate over and perform any maintenance of a device the inspection indicates should be done;

†††††††††††† (c) whenever it intends to operate a train on the railway line during the term of the permit, advise the minister before operating the train and provide the minister with the information the minister requires; and

†††††††††††† (d) whenever it intends to operate a train on the railway line during the term of the permit, advise an affected traffic authority before operating the train and provide the traffic authority with information provided to the minister under paragraph (c).

†††††††††† (11) A railway company that is issued an exemption permit shall not be entitled to receive a signal inspection and maintenance compensation from the Crown in right of the province in respect of the railway line covered by the permit and the period covered by it.

49/10 s11

PART III
POWERS OF INSPECTORS

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Inspectors appointed under the Act

††††† 12. An Inspector appointed under section 6 of the Act for the purpose of enforcing the Act and the Regulations and Rules adopted under this regulation shall have the same powers as those set out in the Railway Safety Act (Canada).

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Schedule

(Section 7)

Provincial Railways Safety Standards

Table 1
Government of Canada Regulations

Regulation Title and Number

Transport Canada Reference

Ammonium Nitrate Storage Facilities Regulations, C.R.C., c. 1145

GO O-36

Anhydrous Ammonia Bulk Storage
Regulations, C.R.C., c. 1146

GO O-33

Chlorine Tank Car Unloading
Facilities Regulations, C.R.C., c. 1147

GO O-35

Flammable Liquids Bulk Storage
Regulations, C.R.C., c. 1148

GO O-32

Handling of Carloads of Explosives on Railway Trackage Regulations, SOR/79-15

CTC -1978-11

Heating and Power Boilers
Regulations, CRC ., c.1151

GO O-11

Highway Crossings Protective Devices
Regulations, C.R.C., c. 1183

GO E-6

Liquefied Petroleum Gases Bulk
Storage Regulations, C.R.C., c. 1152

GO O-31

Mining Near Lines of Railways
Regulations, SOR/91-104

GO E-03

Notice of Railway Works
Regulations, SOR/91-103

GO E-02

Pull-By Inspection Rules, Rule R-41300 1.1 and Rule R-41300 1.2

Railway Employee Qualification
Standards Regulations, SOR/87/150

CTC 1987-3

Railway-Highway Crossing at
Grade Regulations, SOR/80-748

CTC 1980-8

Railway Prevention of Electric
Sparks Regulations, SOR/82-1015

CTC 1982-8

Railway Safety Appliance Standards Regulations, C.R.C., c. 1171

GO 10

Railway Safety Management Systems Regulations, SOR/2001-37

Service Equipment Cars
Regulations, SOR/86-922

CTC 1986-9

Specification 112 & 114
Train Care Regulations, CRC c. 1195††

SOR 79-01

Wire Crossings and Proximities
Regulations, C.R.C., c. 1195

GO E-11


Table 2
Orders, Rules and Standards under
the Railway Safety Act (Canada )

Title and Date of
Rule or Standard

Discipline

Transport Canada Reference

Canadian Rail Operating Rules, Including Rules for the Protection of Track Units and Track Work, February 26, 2008 , updated May 28, 2008

Operations

TC O-0-93

Railway Employee Radio Communication Rule, September 9, 1994

Operations

TC O-09

Railway Equipment Reflectorization Rules, February 27, 2006

Operations

TC O-0-56

Railway Freight and Passenger Train Brake Rules, October 1, 2008

Equipment

TC O-0-95

Railway Freight Car Inspection and Safety Rules October 25, 1994

Operations

TC O-06.1

Railway Locomotive Inspection and Safety Rules Revised February 4, 2010

Equipment

TC O-0-112

Railway Medical Rules for Positions Critical to Safe Railway Operations, December 22, 2006

Operations

TC O-0-68

Railway Passenger Car Inspection and Safety Rules, November 8, 2001

Operations

TC O-26

Railway Passenger Handling Safety Rules, March 31, 2000

Operations

TC O-16

Railway Rules Governing Safety Critical Positions, June 16, 2000

Operations

TC O-17

Railway Signal and Traffic Control Systems Standards, June 4, 2007

Engineering

TC E-17

Rules for the Control and Prevention of Fires on Railway Rights-of-Way, July 28, 1995

Engineering

TC E-06

Rules for the Installation, Inspection and Testing of Air Reservoirs (Other than on Locomotives), December 5, 1994

Equipment

TC 0-10

Rules Respecting Track Safety, Revised November 3, 2008

Engineering

TC E-31

Standards Respecting Pipeline Crossings Under Railways, June 21, 2010

Engineering

TC E-10

Standard Respecting Railway Clearance, May 14, 1992

Engineering

TC E-05

Transport Canada Standard for LED Signal Modules at Highway/Railway Grade Crossings, October 10, 2003

Engineering

TC E-14

Work/Rest Rules for Rail Operating Employees, June 1, 2005

Operations

TC O-0-50


Table 3
Orders under the National Transportation Act
and the Railway Act (Canada )

Title and Date of
Order

Discipline

Transport Canada
Reference

Cabooseless Ore Trains Operations Order, May 27, 1987

Operations

R-40691

Marshalling of Occupied Cabooses Order, June 26, 1987

Operations

R-40809

Gateway Inspection Order, January 23, 1981

Operations

R-31780

Gateway Inspection Order, September 14, 1987

Operations

R-41089

Rail Grinding Equipment Operations Order, January 9, 1985

Operations

R-37621

Switch Locks Installation Order, July 23, 1986

Engineering

R-39612

Switch Locks Installation Order, July 25, 1986

Engineering

R-39611

Switch Locks Installation Order, October 21, 1986

Engineering

R-39910

49/10 Sch; 96/10 s1