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

Regulations are current to 2022-11-16 and last amended on 2022-09-02. Previous Versions

Data Management Requirements (continued)

Marginal note:Clarification

 For greater certainty, even if a company uses a storage provider operated by a third party to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company is responsible for complying with the provisions of the Act and these Regulations in respect of that data.

Marginal note:Virtual storage provider

 If a company uses a virtual storage provider, including a cloud storage provider, to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company must ensure that the provider is accredited under a current internationally recognized standard respecting information security management systems.

Marginal note:Record of data access or download

  •  (1) A company must ensure that any technological means it uses to access or download voice or video data from a crash-protected memory module, or any other storage location where such data is automatically stored, automatically generates an unalterable record each time such data is accessed or downloaded.

  • Marginal note:Contents of record

    (2) The record must include the following information:

    • (a) an electronic signature that uniquely identifies the person who accessed or downloaded the voice or video data;

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

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

    • (d) the number or other identifier that uniquely identifies the controlling locomotive in which the data was recorded.

  • Marginal note:Monthly report

    (3) The company must, on a monthly basis, make available to all operating employees a report that includes the information referred to in subsection (2) that was generated during the preceding month.

  • Marginal note:Retention of documents

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

Communication Requirements

Marginal note:Request from Minister or inspector

 On receipt of a request to obtain, for use by the Minister under paragraph 17.92(1)(b) or (c) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate the data to the Minister or the railway safety inspector, as the case may be.

Marginal note:Secure communications

 If a company communicates voice or video data that was recorded in a controlling locomotive operated by the company, it must communicate the data in a format that prevents unauthorized access.

Marginal note:Communications with TSB

  •  (1) If a company communicates to the TSB voice or video data that was recorded in a controlling locomotive operated by the company, it must provide the software and equipment required to use the data, either in advance of or at the time that it communicates the data.

  • Marginal note:Communications with Minister

    (2) If a company is required to communicate voice or video data that was recorded in a controlling locomotive operated by the company to the Minister, the company must transfer the data to the Minister and, on request, provide the software and equipment required to use the data.

  • Marginal note:Communications with railway safety inspector

    (3) If a company is required to communicate voice or video data that was recorded in a controlling locomotive operated by the company to a railway safety inspector, the company must make the data available to the inspector.

Marginal note:Playback of data

  •  (1) A company must ensure that voice and video data is capable of being played back in such a way that

    • (a) the communications of the operating employees are understandable; and

    • (b) the voice of each operating employee is identifiable and clearly distinguishable.

  • Marginal note:Playback system

    (2) A company must ensure that any playback system used to review voice or video data allows for an uninterrupted review of the data and includes play, pause, rewind and fast-forward functions.

Accident and Incident Investigations

Marginal note:Accessing and using data — conditions

  •  (1) A company must not access or use, for the purpose of paragraph 17.91(1)(b) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company unless it

    • (a) has identified that the controlling locomotive was involved in the accident or incident; and

    • (b) has reason to believe that activities in the controlling locomotive caused or contributed to the accident or incident.

  • Marginal note:Accessing and using data — types

    (2) For the purpose of paragraph 17.91(1)(b) of the Act, the voice and video data that a company may access and use is the data from the controlling locomotive involved in the accident or incident that was recorded

    • (a) during the shift of any operating employee who was present when the accident or incident occurred; and

    • (b) during a shift immediately preceding a shift referred to in paragraph (a) if, prior to accessing or using the data, the company has notified all operating employees who are present on the recording, and any bargaining agents representing those employees, that it intends to use the data.

  • Marginal note:Clarification

    (3) For greater certainty, if, at the time of an accident or incident, a company cannot identify which controlling locomotive was involved, the company must not use voice or video data for the purpose of making that determination.

Marginal note:Data collection

 On receipt of a request for voice or video data related to an accident or incident for use by the Minister under subsection 17.92(1) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, a company must ensure that, before the data is permanently erased, it is collected from the crash-protected memory module or any other storage location where the data is automatically stored, and preserved in another storage location.

Random Selection

Marginal note:Process

  •  (1) To randomly select voice and video data as required by subsection 17.91(2) of the Act, a company must use a random number generator to select, in the following order,

    • (a) the day of the month from which the data will be selected;

    • (b) the controlling locomotives from which the data will be selected; and

    • (c) a maximum of three start times, to the minute, for each of the controlling locomotives.

  • Marginal note:Random selection

    (2) The company must ensure that, when making the selections set out in subsection (1), no day, controlling locomotive or start time has a greater likelihood of being selected than another.

  • Marginal note:Selecting the day of the month

    (3) For the purpose of paragraph (1)(a), the company must use the random number generator during the week preceding the beginning of the month.

  • Marginal note:Selecting controlling locomotives

    (4) For the purpose of paragraph (1)(b), the company must select at least two controlling locomotives from among all of the controlling locomotives that the company is scheduled to operate in Canada on the day selected under paragraph 1(a). The number of controlling locomotives selected must not exceed 10% of the controlling locomotives that the company is scheduled to operate in Canada on that day.

  • Marginal note:Selecting start times

    (5) For the purpose of paragraph (1)(c), the company may include parameters to ensure that the selected start times are chosen from among the times that the controlling locomotives are scheduled to operate.

  • Marginal note:Obligation to download

    (6) A company must download 30 minutes of voice and video data beginning from each selected start time before the data is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored.

  • Marginal note:Prohibition — maximum of 30 minutes

    (7) A company must not download more than 30 minutes of voice and video data beginning from each selected start time.

  • Marginal note:Prohibition — repeated selection process

    (8) A company must not perform the selections set out in paragraph (1)(a) to (c) more than once in respect of a given month.

  • Marginal note:Random selection policy

    (9) A company must develop and implement a written random selection policy that

    • (a) identifies the persons in the company who are authorized to perform the selections set out in subsection (1);

    • (b) ensures that no person who schedules or manages employees performs the selections set out in subsection (1) or influences any person who does; and

    • (c) identifies and describes the random number generator that the company uses to perform the selections set out in subsection (1).

Marginal note:Use of voice and video data

 For the purpose of paragraph 17.91(1)(a) of the Act, a company must use all voice and video data selected in accordance with section 26 within 30 days after downloading the data.

Marginal note:Submission of random selection policy to Minister

  •  (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

  •  (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

 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

 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

 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

  •  (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

  •  (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.

 
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