Transportation Safety Board Regulations

Marginal note:Report to Board

• 5 (1) The operator of the rolling stock, the operator of the track and any crew member that have direct knowledge of a railway occurrence must report the following railway occurrences to the Board:

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

    • (i) getting on or off or being on board the rolling stock, or

    • (ii) coming into direct contact with any part of the rolling stock or its contents;

  • (b) the rolling stock or its contents

    • (i) are involved in a collision or derailment,

    • (ii) sustain damage that affects the safe operation of the rolling stock,

    • (iii) cause or sustain a fire or explosion, or

    • (iv) cause damage to the railway that poses a threat to the safe passage of rolling stock or to the safety of any person, property or the environment;

  • (c) a risk of collision occurs between rolling stock;

  • (d) an unprotected main track switch or subdivision track switch is left in an abnormal position;

  • (e) a railway signal displays a less restrictive indication than that required for the intended movement of rolling stock;

  • (f) rolling stock occupies a main track or subdivision track, or track work takes place, in contravention of the Rules or any regulations made under the Railway Safety Act;

  • (g) rolling stock passes a signal indicating stop in contravention of the Rules or any regulations made under the Railway Safety Act;

  • (h) there is an unplanned and uncontrolled movement of rolling stock;

  • (i) a crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment; or

  • (j) there is an accidental release on board or from a rolling stock which results in any of the events listed in subsection 8.4(2) of the Transportation of Dangerous Goods Regulations.

• Marginal note:Information in report

  (2) The report must contain the following information:

  • (a) the train’s number, direction, tonnage, length and authorized speed;

  • (b) the number of loaded cars and empty cars on each train and cut of cars;

  • (c) the names of the operator of the rolling stock and the operator of the track;

  • (d) the date and time of the occurrence;

  • (e) the number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the occurrence;

  • (f) the number of rolling stock or intermodal platforms that are damaged or have derailed and their reporting marks;

  • (g) for each rolling stock that is damaged or has derailed, whether the rolling stock is loaded, empty or contains residue;

  • (h) for each damaged or derailed rolling stock a list of all the dangerous goods on board the rolling stock, including the shipping name or UN number of the dangerous goods;

  • (i) if dangerous goods are released,

    • (i) the shipping name or UN number of each dangerous good,

    • (ii) the reporting marks of each rolling stock from which the dangerous goods were released,

    • (iii) a brief description of each of the means of containment from which the dangerous goods were released, including the specification of the means of containment,

    • (iv) a brief description of the condition of each of the means of containment from which the dangerous goods were released,

    • (v) the quantity of the dangerous goods on board each rolling stock or in each means of containment prior to the occurrence, and

    • (vi) the quantity of each dangerous good that is known or suspected to have been released;

  • (j) the local weather conditions at the time of the occurrence and any climatic conditions such as snow, ice, wind, fog, dust and severe heat;

  • (k) the location of the occurrence, including the mile, the subdivision and the track designation;

  • (l) a description of the occurrence and the extent of any resulting damage to the environment and to the rolling stock, the railway and other property;

  • (m) a description of any action taken or planned to protect persons, property and the environment, including any evacuation as a result of the occurrence;

  • (n) the name and title of the person making the report and the phone number and address at which they can be reached; and

  • (o) any information specific to the occurrence that the Board requires.

• Marginal note:Time limit

  (3) The person making the report must send to the Board

  • (a) as soon as possible and by the quickest means available, all the information required under subsection (2) that is available at the time of the occurrence; and

  • (b) the remainder of that information by the end of the calendar month following the month of the occurrence.

• Marginal note:Agreement

  (4) The Board and any person mentioned in subsection (1) may enter into an agreement regarding a format and time frame for reporting railway occurrences that are not likely to require immediate Board response.

• Marginal note:Exemption

  (5) If a person making a report has sent any information described in subsection (2) to the Board

  • (a) the Board may exempt other persons from the requirement to send that information; and

  • (b) if the person is a member of a company, any other person from that company is exempt from the requirement to send that information.

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  collision

  collision means an impact, other than an impact associated with normal operating circumstances, between

  • (a) rolling stock;

  • (b) rolling stock and a person or vehicle; or

  • (c) rolling stock and an object or animal, if the rolling stock is damaged or derailed. (collision)

  derailment

  derailment means any instance where one or more wheels of rolling stock have come off the normal running surface of the rail. (déraillement)

  main track

  main track has the same meaning as in the Rules. (voie principale)

  risk of collision

  risk of collision means a situation in which rolling stock comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists. (risque de collision)

  Rules

  Rules means the Canadian Rail Operating Rules, as amended from time to time and approved by the Minister of Transport in accordance with subsection 19(1) of the Railway Safety Act. (Règles)

  subdivision track

  subdivision track has the same meaning as in the Rules. (voie de subdivision)