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

Definition and Application

Marginal note:Definition of fire service

1 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

2 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

3 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

• 4 (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

5 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

6 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

• 7 (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

8 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

9 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

10 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

• 11 (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

12 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

13 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

• 14 (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

15 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

• 16 (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

• 17 (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

18 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

19 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.

Marginal note:Records

20 A railway company must keep, for each employee that receives the training required under section 19, a record that includes

• (a) the employee’s name;

• (b) the date of the training; and

• (c) the training provider’s name.

Maintenance and Inspection of Fire Suppression Equipment

Marginal note:Maintenance

21 A railway company must ensure that its fire suppression equipment is maintained in good working order.

Marginal note:Annual inspection

22 The railway company must conduct an annual inspection of its fire suppression equipment.

Marginal note:Maintenance records

• 23 (1) A railway company must keep a record that describes any maintenance work that is performed on the railway company’s fire suppression equipment.

• Marginal note:Inspection records

  (2) A railway company must keep, for each inspection conducted under section 22, a record that includes the date of the inspection and the name of the person who conducted the inspection.

Records

Marginal note:Retention period

24 A railway company must keep each document referred to below for at least five years after the day on which the document is created:

• (a) the railway company’s fire preparedness plan and each updated version;

• (b) each updated version of the contact information for the fire services;

• (c) the railway company’s fire hazard reduction plan and each updated version; and

• (d) any record that the railway company is required to keep under this Part.

Marginal note:Provision to Minister

25 A railway company must, at the Minister’s request, provide the Minister with a copy of any document referred to in section 24.

PART 2Local Railway Companies

Fire Control

Marginal note:Fire on line work

26 When a local railway company becomes aware of a fire on a line work, the local 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 of the railway company that operates or maintains the line work.

Marginal note:Assistance to fire service

27 If a fire service is attempting to extinguish or control a fire on a line work, a local 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

• 28 (1) A local 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

29 A local 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 on which the local railway company conducts railway operations is located.

Marginal note:Communication

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

Records

Marginal note:Retention period

31 A local railway company must keep each document referred to below for at least five years after the day on which the document is created:

• (a) the local railway company’s fire preparedness plan and each updated version;

• (b) each updated version of the contact information for the fire services;

• (c) a record of each date on which, together with the manner in which, the local railway company’s fire preparedness plan was communicated; and

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

Marginal note:Provision to Minister

32 A local railway company must, at the Minister’s request, provide the Minister with a copy of any document referred to in section 31.

Coming into Force

Marginal note:Six months after registration

Footnote ^*33 These Regulations come into force on the day that, in the sixth month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that sixth month has no day with that number, the last day of that sixth month.

• Return to footnote ^*[Note: Regulations in force June 16, 2017.]