Locomotive Voice and Video Recorder Regulations (SOR/2020-178)

Marginal note:Submission of random selection policy to Minister

• 28 (1) A company must submit a copy of the random selection policy required under subsection 26(9) to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act.

• Marginal note:Changes to policy

  (2) If a company changes its random selection policy after submitting it to the Minister, the company must submit a copy of the updated policy to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act.

Marginal note:Request by Minister

• 29 (1) On receipt of a request to obtain, for use by the Minister under paragraph 17.92(1)(a) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate to the Minister data that

  • (a) the company has randomly selected in accordance with any methodology provided by the Minister;

  • (b) the Minister has randomly selected; or

  • (c) the company has randomly selected for the purpose of paragraph 17.91(1)(a) of the Act.

• Marginal note:List of controlling locomotives

  (2) For the purpose of paragraph (1)(b), a company must provide to the Minister, on request, a list of its controlling locomotives that are scheduled to be in operation in Canada on any day or in any location selected by the Minister.

• Marginal note:Downloading data

  (3) A company must download all voice and video data requested under subsection (1) before it is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored.

Threats to Safety of Railway Operations

Marginal note:Prescribed threats

30 For the purpose of subsection 17.91(3) of the Act, a company may use voice and video data to address the following threats to the safety of railway operations:

• (a) an operating employee who uses a cellular telephone while on duty when normal railway radio communication systems are available, except as provided for in company policies;

• (b) an operating employee who assumes a sleeping position while on duty, except as provided for in company policies;

• (c) an operating employee who uses a personal entertainment device while on duty, except as provided for in company policies;

• (d) the presence of an unauthorized person in the controlling locomotive;

• (e) an operating employee who is consuming or using intoxicants or impairing drugs;

• (f) an operating employee who reads materials not required in the performance of their duties while on duty, except as provided for in company policies; and

• (g) operating employees who are within hearing range of each other but who are not verbally communicating, in a clear and audible manner, information they are required to verbally communicate in accordance with rules approved or established by the Minister under sections 19 and 20 of the Act.

Marginal note:Employee access to data

31 If a company identifies a threat set out in section 30 when it is using voice or video data for the purposes of subsection 17.91(1) of the Act, the company must

• (a) as soon as possible, notify all identifiable persons present on the recording of the data that the company has identified a threat on that recording;

• (b) within 30 days after the notice is provided under paragraph (a), advise any employee the company has deemed responsible for the threat as to whether the data will be used to address the threat;

• (c) make the data available to any employee whom the company has deemed responsible for the threat, on request of the employee; and

• (d) before the data is made available under paragraph (c), notify any other person referred to in paragraph (a) that the data will be made available to the employee deemed responsible for the threat.

Preservation and Erasure of Voice and Video Data

Marginal note:Erasure of data — storage locations

32 A company must ensure that voice and video data is permanently erased from any storage location where such data is automatically stored, other than a crash-protected memory module, before or at the same time as the corresponding data is permanently erased from a crash-protected memory module in accordance with paragraph 5(e).

Marginal note:Erasure of data — when purpose achieved

• 33 (1) If a company preserves voice or video data for any purpose set out in sections 17.91 to 17.93 of the Act, the company must permanently erase the data from all storage locations as soon as the data is no longer required for that purpose.

• Marginal note:Exception — paragraph 17.91(1)(a) of the Act

  (2) Despite subsection (1), if a company uses voice or video data for the purpose of paragraph 17.91(1)(a) of the Act, the company must permanently erase the data from all storage locations within 30 days after downloading the data.

• Marginal note:Exception — threat to safety of railway operations

  (3) Despite subsections (1) and (2), if a company preserves voice and video data for any purpose set out in subsection 17.91(1) of the Act and uses the data to address a threat to the safety of railway operations set out in section 30, the company must preserve the data for at least two years after the day on which the decision to address the threat was made and permanently erase the data from all storage locations as soon as the following conditions have been met:

  • (a) two years have passed since the decision to address the threat was made; and

  • (b) the data is no longer required for the purpose for which it was preserved.

Record Keeping

Marginal note:Accessing or using voice or video data

• 34 (1) Each time a company accesses or uses voice or video data, the company must make a record that sets out

  • (a) the name of the person who accessed or used the data;

  • (b) the date and time the data was accessed or used;

  • (c) the date and time stamps of the data;

  • (d) the number or other identifier that uniquely identifies the controlling locomotive on which the data was recorded; and

  • (e) the purpose for which the data was accessed or used.

• Marginal note:Communication of voice or video data

  (2) Each time a company communicates voice or video data to the TSB, the Minister or a railway safety inspector, the company must make a record that sets out

  • (a) the purpose for which the data was communicated;

  • (b) the date and time the data was communicated;

  • (c) the name of the person who communicated the data; and

  • (d) the name of any individual who received or, as applicable, viewed the data and the organization they represent.

• Marginal note:Record keeping

  (3) The company must keep the records referred to in subsections (1) and (2) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request.

Marginal note:Record of random selection

• 35 (1) Each time a company randomly selects voice and video data for the purposes of paragraph 17.91(1)(a) or 17.92(1)(a) of the Act, the company must make a record that sets out

  • (a) each selection made in accordance with subsection 26(1) or any methodology provided by the Minister under paragraph 29(1)(a), including the full data set from which each selection was made;

  • (b) the name and position of the person who performed each selection; and

  • (c) the voice and video data that was downloaded.

• Marginal note:Record keeping

  (2) The company must keep the records referred to in subsection (1) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request.

Marginal note:Data use — threats to safety of railway operations

• 36 (1) Each time a company uses voice or video data to address a threat to the safety of railway operations set out in section 30, the company must make a record that sets out

  • (a) the purpose for which the data was used under subsection 17.91(1) of the Act;

  • (b) the threat to the safety of railway operations that was addressed; and

  • (c) the day on which the decision to address the threat was made.

• Marginal note:Record keeping

  (2) The company must keep the record referred to in subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request.

Marginal note:Erasure of voice or video data

• 37 (1) Each time a company permanently erases voice or video data in accordance with section 33, the company must make a record that sets out

  • (a) the method used to erase the data;

  • (b) the date and time the data was erased;

  • (c) all storage locations from which the data was erased; and

  • (d) the name and position of the person who erased the data.

• Marginal note:Record keeping

  (2) The company must keep the record referred to in subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request.

Marginal note:Copies kept in Canada

38 The company must keep at its principal place of business in Canada a copy of any record, test recording, policy and report that it is required to keep under these Regulations.

Consequential Amendments to the Railway Safety Administrative Monetary Penalties Regulations

39 [Amendments]

40 [Amendments]

Coming into Force

Marginal note:Second anniversary

Footnote ^*41 These Regulations come into force on the second anniversary of the day on which they are published in the Canada Gazette, Part II.

• Return to footnote ^*[Note: Regulations in force September 2, 2022.]