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

Regulations are current to 2020-10-05

Data Management Requirements (continued)

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Marginal note:Authorized persons — training

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     (1) A company must provide training on the policy required under section 12 to each person designated under subsection 14(1) before the person takes any actions referred to in paragraphs 14(1)(a) to (c).

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    Marginal note:Additional training

    (2) If the company makes any changes to the policy, the company must provide training on the changes to each person designated under subsection 14(1).

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Marginal note:Safeguards — LVVR system

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     (1) A company must ensure that an LVVR system is equipped with physical safeguards that are designed to prevent tampering, including reducing the field of view of the cameras.

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    Marginal note:Safeguards — voice and video data

    (2) A company must ensure that crash-protected memory modules and any other storage locations containing voice or video data that was recorded in a controlling locomotive operated by the company are subject to safeguards that are designed to prevent unauthorized access to the data, including physical safeguards such as locked filing cabinets and restricted access to offices, organizational safeguards such as requiring a continuous chain of custody and technological safeguards such as the use of passwords and encryption.

The following provision is not in force.

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.

The following provision is not in force.

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.

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Marginal note:Record of data access or download

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     (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.

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    Marginal note:Contents of record

    (2) The record must include the following information:

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

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

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

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

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    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.

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    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

The following provision is not in force.

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.

The following provision is not in force.

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.

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Marginal note:Communications with TSB

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     (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.

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    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.

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    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.

The following provision is not in force.

Marginal note:Playback of data

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

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

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

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    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

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Marginal note:Accessing and using data — conditions

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     (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

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

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

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    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

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

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      (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.

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    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.

 
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