His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 17.9a of the Railway Safety Actb, makes the annexed Railway Operating Certificate Regulations.S.C. 2012, c. 7, s. 12R.S., c. 32 (4th Supp.)InterpretationDefinition of ruleIn these Regulations, rule means a rule that, under section 19 of the Railway Safety Act, has been approved by the Minister.Submission of an ApplicationEmail or registered mailAn 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 CompanyApplication of sections 4 and 5Sections 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.Contents of an applicationAn application must contain all of the following:the applicant’s legal name;a description of the applicant’s railway by province and territory;a description of the applicant’s operations;a list of the rules that the applicant has in order to meet the conditions of issuance; andan attestation by the applicant’s chief executive officer or most senior officer that the application is complete and accurate and that the applicanthas the human and financial resources to operate and maintain its railway at the highest level of safety, andhas or will have a safety management system that meets the requirements of the Railway Safety Management System Regulations, 2015.SOR/2015-26, s. 87Conditions of issuanceThe conditions of issuance are as follows:the applicant has rules that reproduce the Canadian Rail Operating Rules or that provide an equivalent level of safety to them;the applicant has rules respecting the management of fatigue for operating employees;the applicant has rules respecting the medical fitness for duty of employees who hold positions that are critical to safe railway operations;the applicant has rules respecting employee qualifications;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;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 forpassenger cars,train brakes, andlocomotives;if the applicant’s operations involve the transport of freight, the applicant has rules that set out minimum safety standards forfreight cars,train brakes,locomotives, andretroreflective materials and their application on railway equipment; andthe 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 CompanyApplication of sections 7 and 8Sections 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.Contents of an applicationAn application must contain all of the following:the applicant’s legal name;a description of the railways, by province and territory, on which the applicant will operate railway equipment;a description of the applicant’s operations;a list of the rules that the applicant has in order to meet the conditions of issuance; andan attestation by the applicant’s chief executive officer or most senior officer that the application is complete and accurate and that the applicanthas the human and financial resources to operate railway equipment on a railway at the highest level of safety, andhas or will have a safety management system that meets the requirements of the Railway Safety Management System Regulations, 2015.List of instrumentsThe 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 mustbe organized by instrument type; anddescribe each instrument and any requirements respectingthe management of fatigue for operating employees,the medical fitness for duty of employees who hold positions that are critical to the safe operation of railway equipment, andemployee qualifications.SOR/2015-26, s. 88Conditions of issuanceThe conditions of issuance are as follows:the applicant has rules that reproduce the Canadian Rail Operating Rules or that provide an equivalent level of safety to them;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 forpassenger cars,train brakes, andlocomotives;if the applicant’s operations involve the transport of freight, the applicant has rules that set out minimum safety standards forfreight cars,train brakes,locomotives, andretroreflective materials and their application on railway equipment; andthe 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 CertificateContents of an applicationAn application for the variation of a railway operating certificate must contain all of the following:the applicant’s legal name;the certificate number;a description of the variation applied for and the reasons for it; andan 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 ForceS.C. 2012, c. 7These 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.[Note: Regulations in force January 1, 2015, see SI/2014-101.]