Railway Operating Certificate Regulations (SOR/2014-258)

Interpretation

Definition of rule

1 In these Regulations, rule means a rule that, under section 19 of the Railway Safety Act, has been approved by the Minister.

Submission of an Application

Marginal note:Email or registered mail

2 An application for the issuance or variation of a railway operating certificate must be submitted to the Minister by email or registered mail.

Application for the Issuance of a Railway Operating Certificate — Railway Company

Marginal note:Application of sections 4 and 5

3 Sections 4 and 5 apply in respect of an application for the issuance of a railway operating certificate authorizing a railway company to operate and maintain a railway.

Marginal note:Contents of an application

4 An application must contain all of the following:

• (a) the applicant’s legal name;

• (b) a description of the applicant’s railway by province and territory;

• (c) a description of the applicant’s operations;

• (d) a list of the rules that the applicant has in order to meet the conditions of issuance; and

• (e) an attestation by the applicant’s chief executive officer or most senior officer that the application is complete and accurate and that the applicant

  • (i) has the human and financial resources to operate and maintain its railway at the highest level of safety, and

  • (ii) has or will have a safety management system that meets the requirements of the Railway Safety Management System Regulations, 2015.

Marginal note:Conditions of issuance

5 The conditions of issuance are as follows:

• (a) the applicant has rules that reproduce the Canadian Rail Operating Rules or that provide an equivalent level of safety to them;

• (b) the applicant has rules respecting the management of fatigue for operating employees;

• (c) the applicant has rules respecting the medical fitness for duty of employees who hold positions that are critical to safe railway operations;

• (d) the applicant has rules respecting employee qualifications;

• (e) if the applicant’s operations involve the operation and maintenance of line works, the applicant has rules that set out minimum safety standards for track;

• (f) if the applicant’s operations involve the transport of passengers, the applicant has rules respecting the safe handling of passengers and rules that set out minimum safety standards for

  • (i) passenger cars,

  • (ii) train brakes, and

  • (iii) locomotives;

• (g) if the applicant’s operations involve the transport of freight, the applicant has rules that set out minimum safety standards for

  • (i) freight cars,

  • (ii) train brakes,

  • (iii) locomotives, and

  • (iv) retroreflective materials and their application on railway equipment; and

• (h) the applicant has the human and financial resources to operate and maintain its railway at the highest level of safety.

Application for the Issuance of a Railway Operating Certificate — Local Railway Company

Marginal note:Application of sections 7 and 8

6 Sections 7 and 8 apply in respect of an application for the issuance of a railway operating certificate authorizing a local railway company to operate railway equipment on a railway.

Marginal note:Contents of an application

• 7 (1) An application must contain all of the following:

  • (a) the applicant’s legal name;

  • (b) a description of the railways, by province and territory, on which the applicant will operate railway equipment;

  • (c) a description of the applicant’s operations;

  • (d) a list of the rules that the applicant has in order to meet the conditions of issuance; and

  • (e) an attestation by the applicant’s chief executive officer or most senior officer that the application is complete and accurate and that the applicant

    • (i) has the human and financial resources to operate railway equipment on a railway at the highest level of safety, and

    • (ii) has or will have a safety management system that meets the requirements of the Railway Safety Management System Regulations, 2015.

• Marginal note:List of instruments

  (2) The application must also contain a list of all the instruments — including agreements with railway companies, provincial laws and territorial laws — that contain safety requirements that apply to the operation of railway equipment by the applicant on the railways described in accordance with subsection (1). The list must

  • (a) be organized by instrument type; and

  • (b) describe each instrument and any requirements respecting

    • (i) the management of fatigue for operating employees,

    • (ii) the medical fitness for duty of employees who hold positions that are critical to the safe operation of railway equipment, and

    • (iii) employee qualifications.

Marginal note:Conditions of issuance

8 The conditions of issuance are as follows:

• (a) the applicant has rules that reproduce the Canadian Rail Operating Rules or that provide an equivalent level of safety to them;

• (b) if the applicant’s operations involve the transport of passengers, the applicant has rules respecting the safe handling of passengers and rules that set out minimum safety standards for

  • (i) passenger cars,

  • (ii) train brakes, and

  • (iii) locomotives;

• (c) if the applicant’s operations involve the transport of freight, the applicant has rules that set out minimum safety standards for

  • (i) freight cars,

  • (ii) train brakes,

  • (iii) locomotives, and

  • (iv) retroreflective materials and their application on railway equipment; and

• (d) the applicant has the human and financial resources to operate railway equipment on a railway at the highest level of safety.

Application for the Variation of a Railway Operating Certificate

Marginal note:Contents of an application

9 An application for the variation of a railway operating certificate must contain all of the following:

• (a) the applicant’s legal name;

• (b) the certificate number;

• (c) a description of the variation applied for and the reasons for it; and

• (d) an attestation by the applicant’s chief executive officer or most senior officer that the application is complete and accurate and that the conditions of issuance for the certificate continue to be met.

Coming into Force

Marginal note:S.C. 2012, c. 7

Footnote ^*10 These Regulations come into force on the day on which section 12 of the Safer Railways Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force January 1, 2015, see SI/2014-101.]