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

Regulations are current to 2020-10-05

Accident and Incident Investigations (continued)

The following provision is not in force.

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

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Marginal note:Process

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     (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,

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

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

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

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    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.

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    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.

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    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.

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    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.

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    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.

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    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.

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    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.

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    Marginal note:Random selection policy

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

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

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      (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

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

The following provision is not in force.

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.

The following provision is not in force.

Marginal note:Submission of random selection policy to Minister

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     (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.

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    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.

The following provision is not in force.

Marginal note:Request by Minister

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     (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

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      (a) the company has randomly selected in accordance with any methodology provided by the Minister;

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      (b) the Minister has randomly selected; or

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      (c) the company has randomly selected for the purpose of paragraph 17.91(1)(a) of the Act.

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    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.

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    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

The following provision is not in force.

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:

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    (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;

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    (b) an operating employee who assumes a sleeping position while on duty, except as provided for in company policies;

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    (c) an operating employee who uses a personal entertainment device while on duty, except as provided for in company policies;

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    (d) the presence of an unauthorized person in the controlling locomotive;

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    (e) an operating employee who is consuming or using intoxicants or impairing drugs;

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    (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

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    (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.

The following provision is not in force.

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

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    (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;

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    (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;

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    (c) make the data available to any employee whom the company has deemed responsible for the threat, on request of the employee; and

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    (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.

 
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