Prevention and Control of Fires on Line Works Regulations (SOR/2016-317)

Regulations are current to 2017-11-20 and last amended on 2017-06-16. Previous Versions

Prevention and Control of Fires on Line Works Regulations

SOR/2016-317

RAILWAY SAFETY ACT

Registration 2016-12-16

Prevention and Control of Fires on Line Works Regulations

P.C. 2016-1154 2016-12-16

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 18(1)(b) to (d)Footnote a and section 37Footnote b of the Railway Safety ActFootnote c, makes the annexed Prevention and Control of Fires on Line Works Regulations.

Definition and Application

Marginal note:Definition of fire service

 In these Regulations, fire service means a federal, provincial or municipal organization that is responsible for the prevention, detection and control of fire.

Marginal note:Fires

 These Regulations apply in respect of fires on line works regardless of who caused them, how they were caused or where they started.

PART 1Railway Companies

Definitions and Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

fire hazard

fire hazard means

  • (a) fuel or combustible material, including vegetation, that is found along a line work and that has a fast burning rate and could readily ignite; and

  • (b) conditions, including topography, that are present along a line work and that increase the likelihood of a fire igniting on the line work or spreading from the line work into the surrounding environment. (risque d’incendie)

high-risk work

high-risk work means work that involves the use of a rail-grinding train or the controlled burning of brush. (activité à haut risque)

Marginal note:Fire danger level
  •  (1) For the purposes of this Part, the fire danger level for an area is the fire danger level shown for the area on the interactive map that, as part of the Canadian Wildland Fire Information System, is published on the Department of Natural Resources website or on any other Government of Canada website.

  • Marginal note:More than one fire danger level

    (2) If more than one fire danger level is shown for the area on the interactive map, the fire danger level for the area is the highest indicated level.

Fire Control

Marginal note:Fire on line work

 When a railway company becomes aware of a fire on a line work, the railway company must ensure that steps are taken to extinguish or control the fire as soon as practicable. The steps must include

  • (a) the notification of the fire service that is responsible for the area where the fire is located if the fire cannot be extinguished or controlled without fire service assistance; and

  • (b) the notification, if applicable, of the railway company that operates or maintains the line work.

Marginal note:Assistance to fire service

 If a fire service is attempting to extinguish or control a fire on a line work, a railway company must, at the request of the fire service and without delay, provide the fire service with reasonable assistance. The assistance may, depending on the circumstances, include the provision of transportation to the fire.

Fire Preparedness Plan and Contact Information for Fire Services

Marginal note:Fire preparedness plan
  •  (1) A railway company must have a fire preparedness plan and must update it every five years.

  • Marginal note:Content of plan

    (2) The fire preparedness plan must set out

    • (a) procedures for extinguishing or controlling a fire;

    • (b) internal fire notification procedures; and

    • (c) procedures for notifying fire services.

Marginal note:Contact information for fire services

 A railway company must keep, in a readily accessible location, up-to-date contact information that sets out the name and telephone number of the fire service that is responsible for each area where a line work that the company owns, or on which the company conducts railway operations, is located.

Marginal note:Communication

 A railway company must communicate its fire preparedness plan and the contact information for the fire services to employees who conduct railway operations.

Marginal note:Records

 A railway company must keep a record of

  • (a) each date on which, together with the manner in which, its fire preparedness plan was communicated; and

  • (b) each date on which, together with the manner in which, the contact information for the fire services was communicated.

Fire Hazard Reduction Plan

Marginal note:Fire hazard reduction plan
  •  (1) A railway company must have a fire hazard reduction plan and must update it every five years.

  • Marginal note:Content of plan

    (2) The fire hazard reduction plan must set out

    • (a) a process for identifying fire hazards;

    • (b) measures for reducing or eliminating the fire hazards that are identified; and

    • (c) for each fire danger level used in the Canadian Wildland Fire Information System, the fire prevention measures that will be taken and the fire suppression equipment that will be used when the railway company conducts high-risk work.

Marginal note:Communication

 A railway company must communicate its fire hazard reduction plan to

  • (a) employees who conduct high-risk work;

  • (b) employees who supervise contractors who conduct high-risk work; and

  • (c) contractors who conduct high-risk work.

Marginal note:Records

 A railway company must keep a record of each date on which, together with the manner in which, its fire hazard reduction plan is communicated.

High-risk Work

Marginal note:Notification of fire service
  •  (1) When a railway company proposes to conduct high-risk work in an area where the fire danger level is high to extreme, the railway company must notify the fire service that is responsible for the area at least 24 hours in advance but not more than 48 hours in advance.

  • Marginal note:Fire danger level not available

    (2) If a fire danger level is not available for the area, the railway company must notify the fire service that is responsible for the area at least 24 hours in advance but not more than 48 hours in advance.

Marginal note:Records

 A railway company that notifies a fire service under subsection 14(1) or (2) must keep a record of

  • (a) the date and time of the notification and the manner in which it was provided;

  • (b) the name of each person who was contacted at the fire service; and

  • (c) any recommendations that were given by the fire service and, if a recommendation was not followed, the reasons for not following it.

Marginal note:Prevention measures
  •  (1) A railway company that is conducting high-risk work in an area must take the fire prevention measures that are set out in the railway company’s fire hazard reduction plan for the fire danger level for that area.

  • Marginal note:Fire danger level not available

    (2) If a fire danger level is not available for the area, the railway company must take the fire prevention measures that are set out in the railway company’s fire hazard reduction plan for at least a moderate fire danger level.

Marginal note:Fire suppression equipment
  •  (1) A railway company that is conducting high-risk work in an area must ensure that employees and contractors who are conducting the high-risk work are equipped with the fire suppression equipment that is set out in the railway company’s fire hazard reduction plan for the fire danger level for that area.

  • Marginal note:Fire danger level not available

    (2) If a fire danger level is not available for the area, the railway company must ensure that the employees and contractors who are conducting the high-risk work are equipped with the fire suppression equipment that is set out in the railway company’s fire hazard reduction plan for at least a moderate fire danger level.

Training

Marginal note:Critical positions

 For the purposes of subparagraph 18(1)(c)(i) of the Railway Safety Act, the positions of railway company employees who conduct high-risk work or supervise contractors who conduct high-risk work are declared critical to safe railway operations.

Marginal note:High-risk work

 A railway company must not allow an employee to conduct high-risk work or to supervise contractors who conduct high-risk work unless the employee has received training on the prevention and control of fires.

 
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