Transportation Information Regulations (SOR/96-334)
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Regulations are current to 2024-04-01 and last amended on 2019-12-15. Previous Versions
AMENDMENTS NOT IN FORCE
— SOR/2022-278, s. 1
1 The Transportation Information RegulationsFootnote 1 are amended by adding the following after section 50:
Return to footnote 1SOR/96-334; SOR/97-92, s. 1; SOR/99-328, s. 1; SOR/2013-196, s. 1
PART XIIIClass 1 Rail Carriers
Interpretation
51 The following definitions apply in this Part.
- class 1 rail carrier
class 1 rail carrier has the same meaning as in section 6 of the Act. (transporteur ferroviaire de catégorie 1)
- class I rail carrier
class I rail carrier has the same meaning as in section 8. (transporteur ferroviaire de catégorie I)
- class II rail carrier
class II rail carrier has the same meaning as in section 8. (transporteur ferroviaire de catégorie II)
- FSAC
FSAC means the five-digit Freight Station Accounting Code. (FSAC)
- SPLC
SPLC means the Standard Point Location Code. (CULD)
- STCC
STCC means the seven-digit standard transportation commodity code. (CTBT)
Report to Minister — Traffic Information
52 (1) A class 1 rail carrier that is also a class II rail carrier and earns revenue in Canada for the reporting period must provide to the Minister a report by electronic means that sets out the following information with respect to any traffic that is moved by railway car:
(a) the code that identifies the rail carrier;
(b) the year and the month during which the rail carrier reports having earned revenue from the movement;
(c) the SPLC or FSAC of the location in Canada where the movement originated;
(d) the originating province of Canada or state of Mexico or the United States of the movement;
(e) the SPLC or FSAC of the location where the movement terminated in Canada;
(f) the destination province of Canada or state of Mexico or the United States of the movement;
(g) for traffic that did not originate on the reporting rail carrier’s Canadian network, the SPLC or FSAC of the location where the traffic entered the rail carrier’s Canadian network, as well as the name and identification code of the rail carrier that handed the traffic to the reporting rail carrier;
(h) for traffic that did not terminate on the reporting rail carrier’s Canadian network, the SPLC or FSAC of the location where the traffic left the rail carrier’s Canadian network, as well as the name and identification code of the rail carrier that received the traffic from the reporting rail carrier;
(i) the SPLC or FSAC of the location where the traffic crossed the border from the United States to Canada and, in the case of an FSAC, the name of the rail carrier that made the crossing, if applicable;
(j) the SPLC or FSAC of the location where the traffic crossed the border from Canada to the United States and, in the case of an FSAC, the name of the rail carrier that made the crossing, if applicable;
(k) the code that identifies the rail carrier that originated the traffic, if it originated in Canada;
(l) the code that identifies the rail carrier that terminated the traffic if the destination is in Canada;
(m) the identifier for a movement that is subject to the Transportation of Dangerous Goods Regulations;
(n) the STCC of the commodities;
(o) the equipment type code, taken from the Association of American Railroads codes, indicating the details of the equipment used in the movement;
(p) the number of railway cars involved in the movement;
(q) the number of containers, if any, involved in the movement;
(r) the amount in tons of goods carried in the movement;
(s) the intermodal flag indicating that the traffic is containerized;
(t) the Hazardous Materials Response Code assigned to the goods by the United States Bureau of Explosives and defined in the Hazardous Materials Shipping Descriptions Data Base of the Association of American Railroads, if applicable; and
(u) the distance in miles of the movement by the rail carrier on its Canadian network.
(2) The rail carrier must provide the report to the Minister on a monthly basis, no later than the last day of the month following the month to which the information relates.
(3) The first report is to be provided for the month in which this section comes into force.
Report to Minister — Waybill Information
53 (1) A class 1 rail carrier that is also a class I rail carrier must provide to the Minister by electronic means a report that sets out the following information with respect to any traffic that is moved by a railway car:
(a) the name of the shipper;
(b) the name of the owner of the railway car;
(c) the letters and number that identify the railway car;
(d) an indication as to whether the railway car moves in a block that receives an incentive and if it does, the number of railway cars moved together as the block for which the incentive is received;
(e) an indication as to whether the traffic was, based on the rail origin, transferred from a truck or vessel or, based on the rail destination, transferred to a truck or vessel;
(f) the date and time at which the movement of the railway car begins and ends;
(g) the geographic location codes of the locations where the movement of the railway car begins and ends, the alphanumeric codes that identify the province of Canada or state of Mexico or the United States in which the movement begins and ends, and, if applicable, the geographic location code of any junction at which the railway car is transferred to or from another rail carrier, the code that identifies that other rail carrier and the code that identifies the rail carrier on which the movement begins or ends;
(h) the STCC of the commodities, the code that identifies the type of equipment used, the intermodal traffic indicator, the number of intermodal units carried by the car and the commodity tonnage and, if the railway car moves across the Canada-United States border, the alphanumeric code that identifies imports and exports and the code that identifies the border crossing location;
(i) if the railway car transports dangerous goods, the UN number assigned to the goods by the United Nations Committee of Experts on the Transport of Dangerous Goods or the Hazardous Material Response Code assigned to the goods by the United States Bureau of Explosives;
(j) an indication as to whether the rate that applies in respect of the traffic is set out in a tariff or a confidential contract, and, in the case of a tariff, the tariff number;
(k) an indication as to whether a long‑haul interswitching rate applies by order in respect of the traffic;
(l) an indication as to whether the shipper has provided the class 1 rail carrier with an undertaking with respect to the volume of the traffic, and if so, the volume in respect of which the undertaking was made;
(m) the gross waybill revenue earned for the movement of the railway car and the number of miles in respect of which the revenue is derived;
(n) the portion of the gross waybill revenue earned by the class 1 rail carrier for the movement of the railway car and the number of miles in respect of which the portion is derived;
(o) the portion of the gross waybill revenue — excluding the value of charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers — earned by the class 1 rail carrier for the movement of the railway car in Canada and the number of miles in respect of which that revenue is earned;
(p) the value of the charges, incentives, rebates and amounts paid by the class 1 rail carrier to other rail carriers referred to in paragraph (o);
(q) an indication as to whether the railway car is used for the movement of grain, as defined in section 147 of the Act;
(r) each type of train that the railway car is part of;
(s) the unique alphanumeric identification code of each train that the railway car is part of;
(t) in respect of each train that the railway car is part of, the geographic location code of the location where the movement of the railway car begins and ends, the date and time the movement begins and ends and the distance travelled by the railway car;
(u) the date recorded on the waybill;
(v) the date the rail carrier reports having earned the revenue;
(w) the unique identifier of the waybill;
(x) the ownership type of the railway car, by category, including by the reporting rail carrier, another rail carrier, the shipper or other entity;
(y) in the event that the origin of the movement is in Canada, details that enable the identification of the originating facility, such as consignee, care of party, care of customer, operating customer or the GPS coordinates of the facility; and
(z) in the event that the destination of the movement is in Canada, details that enable the identification of the terminating facility, such as consignee, care of party, care of customer, operating customer or the GPS coordinates of the facility.
(2) The rail carrier must provide the report to the Minister on a monthly basis, no later than the last day of the month following the month to which the information relates.
(3) The first report is to be provided for the month in which this section comes into force.
Report to Minister — Service and Performance Information
54 (1) A class 1 rail carrier that is also a class I rail carrier must provide to the Minister by electronic means a report that sets out the following service and performance information with respect to rail traffic moving on its network during the reporting week:
(a) the daily average number of loaded cars and intermodal containers online;
(b) the daily average number of empty cars and intermodal containers online;
(c) the daily average number of total cars and intermodal containers online, both loaded and empty;
(d) the daily average number of loaded cars and intermodal containers not moving at origin;
(e) the daily average number of loaded cars and intermodal containers not moving en route;
(f) the daily average number of loaded cars and intermodal containers not moving at destination;
(g) the daily average number of loaded cars and intermodal containers not moving by major destination area;
(h) the daily average number of empty cars and intermodal containers not moving;
(i) the average dwell time at origin;
(j) the average dwell time at destination;
(k) the average terminal dwell time;
(l) the segment transit time;
(m) the average velocity;
(n) the locomotive fleet status; and
(o) the number of available railway operating employees.
(2) Instead of providing the report set out in subsection (1), the BNSF Railway Company must provide to the Minister by electronic means a report that includes the information set out in paragraphs (1)(a), (b), (c) and (k).
(3) The rail carriers referred to in subsections (1) and (2) must provide the report to the Minister on a weekly basis, for the period from Monday to Sunday, no later than 5 p.m. Eastern Time, on the Wednesday following the week to which the information relates.
(4) The first report is to be provided for the first full week of activity following the day on which this section comes into force.
55 The information referred to in section 54 is to be reported in accordance with the methodologies and requirements set out in Schedule XII.
— SOR/2022-278, s. 2
2 The Regulations are amended by adding, after Schedule XI, the Schedule XII set out in the schedule to these Regulations.
SCHEDULE XII(Section 55)Rail Service and Performance Indicator Methodologies and Requirements
PART 1Interpretation
1 The following definitions apply in this Schedule.
- bad order
bad order means the status or designation assigned to railway rolling stock, whether railway cars or locomotives, that indicates that the asset is unfit for service. (mauvais état)
- carload traffic
carload traffic means traffic, whether empty or loaded, that is not intermodal traffic. (trafic de wagons complets)
- fertilizer
fertilizer means traffic classified under STCC 2812534, 2818142, 2818146, 2818170, 2818426, 2819173, 2819454, 2819815, 2871235, 2871236, 2871238, 2871244, 2871313, 2871315 and 2871451. (engrais)
- final railway facility
final railway facility means the railway facility from which a railway car is delivered to destination. (installation ferroviaire finale)
- intermodal traffic
intermodal traffic means intermodal containers, whether empty or loaded, regardless of the type of good that is being transported in the containers. (trafic intermodal)
- railway facility
railway facility means railway-owned infrastructure such as a terminal or yard. (installation ferroviaire)
- reporting week
reporting week means the period from Monday to Sunday. (semaine de déclaration)
- terminal area
terminal area means a top 10 railway facility and the stations, interchanges, and other railway facilities that the rail carrier serves, either directly or indirectly, from that top 10 railway facility. (zone terminale)
- through train
through train means a train that has the same railway cars when it enters and exits a railway facility. (train direct)
- top 10 railway facilities
top 10 railway facilities means the top 10 of the rail carrier’s railway facilities with the highest volume throughput, as calculated in accordance with section 31 of this Schedule. (dix installations ferroviaires principales)
- western grain
western grain has the meaning assigned by paragraph (a) of the definition grain in section 147 of the Act. (grain de l’Ouest)
2 The following are the types of commodities that are used in the methodologies:
(a) western grain;
(b) agricultural products and food;
(c) forest products;
(d) chemicals and plastics;
(e) fertilizers;
(f) petroleum products, including liquefied petroleum gases;
(g) coal and petroleum coke;
(h) metals and minerals;
(i) motor vehicles and equipment;
(j) other products.
3 The following are the detailed types of commodities that are used in the methodologies:
(a) all western grain;
(b) western grain limited to canola meal;
(c) western grain limited to canola oil;
(d) agricultural products and food;
(e) all forest products;
(f) forest products limited to lumber, logs and wood products;
(g) forest products limited to pulp and paper;
(h) chemicals and plastics;
(i) fertilizers;
(j) all petroleum products, including liquefied petroleum gases;
(k) petroleum products limited to propane;
(l) coal and petroleum coke;
(m) all metals and minerals;
(n) metals and minerals limited to metallic ores;
(o) metals and minerals limited to non-metallic ores, stone, clay and glass;
(p) metals and minerals limited to metal products, scrap metal, waste and other scrap;
(q) motor vehicles and equipment;
(r) other products.
4 The following are the equipment types that are used in the methodologies:
(a) intermodal containers;
(b) covered hopper cars;
(c) tank cars;
(d) gondola and open hopper cars;
(e) automotive flat cars;
(f) boxcars;
(g) centrebeam and bulkhead cars;
(h) other cars, excluding cars for carrying intermodal containers;
(i) all equipment types listed in paragraphs (a) to (h).
5 The following are the geographic regions that are used in the methodologies:
(a) British Columbia;
(b) Alberta and Northwest Territories;
(c) Saskatchewan;
(d) Manitoba;
(e) Ontario;
(f) Quebec;
(g) New Brunswick and Nova Scotia.
6 The following are the periods of dwell time that are used in the methodologies:
(a) more than 24 hours but not more than 48 hours;
(b) more than 48 hours but not more than 96 hours;
(c) more than 96 hours but not more than 168 hours;
(d) more than 168 hours;
(e) 24 hours or more.
7 When calculating the indicators set out in Part 2 of this Schedule, the following cars are to be included:
(a) owned and leased cars, private cars and foreign cars that the rail carrier is operating on its network;
(b) loaded cars that have been released by the shipper to the rail carrier for pickup at origin;
(c) empty cars that have been released to the rail carrier.
8 When calculating the indicators set out in Part 2 of this Schedule, the following cars are to be excluded:
(a) cars in bad order;
(b) stored cars;
(c) cars or intermodal containers in chargeable storage, except those that are accruing demurrage charges;
(d) loaded cars that have been placed by the rail carrier at destination;
(e) empty cars that have been placed at a customer facility for loading;
(f) cars in passenger, work and company service.
PART 2Indicators
General
9 All indicators described in this Part are to be reported to one decimal place.
10 (1) The first report must be accompanied by a list of the events that are used in the calculations of indicators set out in sections 15 to 18, 20, 21, 23, 25 and 26 of this Schedule.
(2) The first report must be accompanied by a list of the STCC of the commodities that fall into each type listed in sections 2 and 3 of this Schedule.
(3) The list of events must be updated following any subsequent change and submitted with the next report.
Cars Online
11 (1) The report must set out the following:
(a) in the case of carload traffic, the daily average number of loaded cars online, broken down for each geographic region set out in section 5 of this Schedule, further broken down by each type of commodity set out in section 2 of this Schedule, as well as the Canada-wide total for all loaded cars online, broken down by each detailed type of commodity set out in section 3 of this Schedule;
(b) in the case of intermodal traffic, the daily average number of loaded intermodal containers online, broken down for each geographic region set out in section 5 of this Schedule, as well as the Canada-wide total for all loaded intermodal containers;
(c) in the case of carload traffic and intermodal traffic,
(i) the daily average number of loaded cars and loaded intermodal containers online, broken down for each geographic region set out in section 5 of this Schedule and Canada-wide, further broken down by each equipment type set out in section 4 of this Schedule;
(ii) the daily average number of empty cars and empty intermodal containers online, broken down for each geographic region set out in section 5 of this Schedule and Canada-wide, further broken down by each equipment type set out in section 4 of this Schedule; and
(iii) the daily average number of all cars and intermodal containers online, broken down for each geographic region set out in section 5 of this Schedule and Canada-wide, further broken down by each equipment type set out in section 4 of this Schedule.
(2) Instead of the information required by subsection (1), the report for the BNSF Railway Company must set out, for all carload traffic and intermodal traffic, the Canada-wide daily average number of cars and intermodal containers online for the following:
(a) all loaded cars and intermodal containers combined;
(b) all empty cars and intermodal containers combined; and
(c) all cars and intermodal containers combined.
12 The number of cars and intermodal containers referred to in section 11 of this Schedule includes cars and containers that the reporting rail carrier has placed for transfer at an interchange to another rail carrier until they are picked up by that other carrier and excludes cars and containers placed for interchange to the rail carrier by another rail carrier until they are picked up by the reporting rail carrier.
13 The calculation of the daily averages is to be based on a daily snapshot taken at the same time each day for all indicators that use a daily snapshot.
14 The first report must set out the time at which the snapshot is taken.
Cars Not Moving
15 (1) The report must set out, in the case of carload traffic, the daily average number of loaded cars not moving at origin, except for cars containing fertilizer, broken down by each of the periods of dwell time set out in section 6 of this Schedule, broken down for each geographic region set out in section 5 of this Schedule, and further broken down by each type of commodity, excluding fertilizer, set out in section 2 of this Schedule. Rail carriers are also to report the Canada-wide daily average number of loaded cars not moving at origin for each period of dwell time set out in section 6 of this Schedule, and further broken down by each detailed type of commodity set out in section 3 of this Schedule.
(2) The report must set out, in the case of intermodal traffic, the daily average number of loaded intermodal containers not moving at origin, broken down by each of the periods of dwell time set out in section 6 of this Schedule, further broken down by each geographic region set out in section 5 of this Schedule. Rail carriers are also to report the Canada-wide daily average number of loaded intermodal containers not moving at origin broken down for each period of dwell time set out in section 6 of this Schedule.
(3) The daily average number of loaded cars and loaded intermodal containers not moving at origin is to be calculated as follows, based on a daily snapshot:
(a) for carload traffic, the calculation is to include all loaded cars that have been released at origin by the customer for pickup by the rail carrier but have not yet departed the origin, with the time during which a car is not moving calculated as the time elapsed between the first customer release event and the time of the daily snapshot;
(b) for intermodal traffic originating at a railway facility, the calculation is to include loaded intermodal containers that have arrived at the railway facility from which the rail movement begins but have not yet departed that facility by rail, with the time during which a container is not moving calculated as the time elapsed between the time at which the container arrives at the railway facility, or the last movement event after that, and the time of the daily snapshot;
(c) for intermodal traffic originating at a facility other than a railway facility, the calculation is to include loaded intermodal containers that have been placed onto a railcar at origin and released by the customer for pickup by the rail carrier but have not yet departed the origin by rail, with the time during which a container is not moving calculated as the time elapsed between the first customer release event and the time of the daily snapshot.
16 (1) The report must set out, in the case of carload traffic, the daily average number of loaded cars not moving en route for each of the periods of dwell time set out in section 6 of this Schedule, broken down by each geographic region set out in section 5 of this Schedule, and further broken down by each type of commodity set out in section 2 of this Schedule. Rail carriers are also to report the Canada-wide average for each period of dwell time set out in section 6 broken down by each detailed type of commodity set out in section 3 of this Schedule.
(2) The report must set out, in the case of intermodal traffic, the daily average number of loaded intermodal containers not moving en route, broken down by each of the periods of dwell time set out in section 6 of this Schedule, further broken down by each geographic region set out in section 5 of this Schedule. Rail carriers are also to report the Canada-wide daily average number of loaded intermodal containers not moving en route for each period of dwell time set out in section 6 of this Schedule.
(3) The daily average number of loaded cars and loaded intermodal containers not moving en route is to be calculated on the basis of a daily snapshot and is to include all loaded traffic that has departed origin but has not yet arrived at the final railway facility or been placed at destination. The time during which a car or intermodal container is not moving is to be calculated as the time that has elapsed between its last recorded movement event and the time of the daily snapshot.
17 (1) The report must set out, in the case of carload traffic, the daily average number of loaded cars not moving at destination for each of the periods of dwell time set out in section 6 of this Schedule, broken down by each geographic region set out in section 5 of this Schedule, and further broken down by each type of commodity set out in section 2 of this Schedule. Rail carriers are also to report the Canada-wide average for each period of dwell time set out in section 6 of this Schedule broken down by each detailed type of commodity set out in section 3 of this Schedule.
(2) The report must set out, in the case of intermodal traffic, the daily average number of loaded intermodal containers not moving at destination, broken down by each of the periods of dwell time set out in section 6 of this Schedule, further broken down by each geographic region set out in section 5 of this Schedule. Rail carriers are also to report the Canada-wide daily average number of loaded intermodal containers not moving at destination for each period of dwell time set out in section 6 of this Schedule.
(3) The daily average number of loaded cars and loaded intermodal containers not moving at destination is to be calculated as follows, based on a daily snapshot:
(a) for carload traffic, the calculation is to include all loaded cars that have arrived at the final railway facility but have not yet been placed at destination, with the time during which a car is not moving calculated as the time that has elapsed between the arrival of the car at the final railway facility, or the last movement event after that, and the time of the daily snapshot, except if paragraph (d) applies;
(b) for intermodal traffic that will depart the final railway facility by motor carrier, the calculation is to include all loaded intermodal containers that have arrived at the final railway facility but have not yet departed by motor carrier, with the time during which a container is not moving calculated as the time that has elapsed between the arrival of the car at the final railway facility, or the last movement event within that facility, and the time of the daily snapshot, except if paragraph (d) applies;
(c) for intermodal traffic destined for a facility other than a railway facility, the calculation is to include all loaded intermodal containers that have arrived at the final railway facility but have not yet been placed at destination, with the time during which a container is not moving calculated as the time that has elapsed between the arrival of the car at the final railway facility, or the last movement event after that, and the time of the daily snapshot, except if paragraph (d) applies;
(d) for traffic for which the final railway facility is part of the terminal area for one of the rail carrier’s top 10 railway facilities, the time during which a car or intermodal container is not moving is calculated as the time that has elapsed between the arrival of the car or intermodal container at the first railway facility within the terminal area, or the last movement event within the terminal area, and the time of the daily snapshot.
18 (1) The report must set out the daily average number of loaded cars not moving and the daily average number of loaded intermodal containers not moving that are either destined for one of the rail carrier’s top five major destination areas referred to in paragraph (3)(a), or transiting through one of the rail carrier’s top five major destination areas referred to in paragraph (3)(b), for each of the periods of dwell time set out in section 6 of this Schedule.
(2) For each major destination area described in subsection (1), the report must identify
(a) in the case of carload traffic, the daily average number of loaded cars not moving, broken down by each type of commodity set out in section 2 of this Schedule; and
(b) in the case of intermodal traffic, the daily average number of loaded intermodal containers not moving, broken down by whether they are at origin, en route, or at destination.
(3) The top five major destination areas are determined on the basis of the highest number of loaded cars and loaded intermodal containers for the preceding three years that were
(a) destined for one of its terminal areas; or
(b) transiting through the last railway station on the line in Canada before it crosses the Canada-United States border.
19 (1) The first report must be accompanied by a list of the top five major destination areas determined in accordance with subsection 18(3) of this Schedule.
(2) The list must be updated three years after the day on which this Schedule comes into force and every three years after that in accordance with subsection 18(3) of this Schedule and submitted with the next report following any change to the list.
20 (1) The report must set out the daily average number of empty cars not moving and, in the case of intermodal traffic, the number of empty intermodal containers not moving for each of the periods of dwell time set out in section 6 of this Schedule, broken down by each geographic region set out in section 5 of this Schedule and Canada-wide, and further broken down by each equipment type set out in section 4 of this Schedule.
(2) The daily average number of empty cars and intermodal containers not moving is to be calculated based on a daily snapshot , with the time during which an empty car or, for intermodal traffic, the time that an empty intermodal container is not moving, calculated as the time that has elapsed between the last recorded movement event and the time of the daily snapshot.
Origin Dwell Time
21 (1) The report must set out in hours the average dwell time at origin for all loaded traffic that departs an origin station during the reporting week,
(a) in the case of carload traffic, broken down by each geographic region set out in section 5 of this Schedule, and further broken down by each type of commodity, excluding fertilizer, set out in section 2 of this Schedule as well as a Canada-wide average broken down by each detailed type of commodity set out in section 3 of this Schedule; and
(b) in the case of intermodal traffic, broken down by each geographic region set out in section 5 of this Schedule and Canada-wide.
(2) The origin dwell time is to be calculated as follows:
(a) for carload traffic, the origin dwell time is to be calculated as the time that has elapsed between the first customer release event at origin and the car’s departure from origin;
(b) for intermodal traffic originating at a railway facility, the origin dwell time is to be calculated as the time that has elapsed between the arrival of the container at the railway facility and its departure from that facility by rail;
(c) for intermodal traffic originating at a facility other than a railway facility, the origin dwell time is to be calculated as the time that has elapsed between the first release of the loaded container by the customer and its departure from that facility by rail.
22 The number of cars and intermodal containers included in the calculation of the average dwell time at origin must be reported as follows:
(a) for the geographic regions set out in section 5 of this Schedule, the report must set out the total number of cars included in the calculation of the average dwell time at origin, not broken down by commodity, and, in the case of intermodal traffic, the total number of intermodal containers;
(b) for Canada-wide, the report must set out the total number of cars and the total number of intermodal containers included in the calculation of the average dwell time at origin, broken down, in the case of carload traffic, by each detailed type of commodity set out in section 3 of this Schedule.
Destination Dwell Time
23 (1) The report must set out in hours the average dwell time at destination for all traffic that the rail carrier placed at destination during the reporting week, as follows:
(a) in the case of carload traffic, the average dwell time at destination broken down by each geographic region set out in section 5 of this Schedule, further broken down by each type of commodity, excluding fertilizer, set out in section 2 of this Schedule, as well as a Canada-wide average, broken down by each detailed type of commodity set out in section 3 of this Schedule; and
(b) in the case of intermodal traffic, the average dwell time at destination broken down by each geographic region set out in section 5 of this Schedule, as well as a Canada-wide average.
(2) The average dwell time at destination is to be calculated as follows:
(a) for carload traffic, the destination dwell time is to be calculated as the time that has elapsed between the arrival of the car at the final railway facility and its placement at destination and, in the case of a car that arrives at a final railway facility that is part of the terminal area for one of the rail carrier’s top 10 railway facilities, the dwell time is to be calculated as the time that has elapsed between the car’s first arrival at a railway facility that is part of the terminal area and its placement at destination;
(b) for intermodal traffic that arrives at a final railway facility and departs the facility by motor carrier, the destination dwell time is to be calculated as the time that has elapsed between the arrival of the intermodal container at the final railway facility and its departure from that facility by motor carrier and, in the case of a container that arrives at a final railway facility that is part of the terminal area for one of the rail carrier’s top 10 railway facilities, the dwell time is to be calculated as the time that has elapsed between the container’s first arrival at a railway facility that is part of the terminal area and its departure from the final railway facility by motor carrier;
(c) for intermodal traffic destined for a facility other than a railway facility, the destination dwell time is to be calculated as the time that has elapsed between the arrival of the intermodal container to the final railway facility and its placement at destination and, in the case of a container that arrives at a final railway facility that is part of the terminal area for one of the rail carrier’s top 10 railway facilities, the dwell time is to be calculated as the time that has elapsed between the container’s first arrival at a railway facility within the terminal area and its placement at destination.
24 The number of cars and intermodal containers included in the calculation of the average dwell time at destination must be reported as follows:
(a) for the geographic regions set out in section 5 of this Schedule, the report must set out the total number of cars included in the calculation of the average dwell time at destination, not broken down by commodity, and, in the case of intermodal traffic, the total number of intermodal containers; and
(b) for Canada-wide, the report must set out the total number of cars and the total number of intermodal containers included in the calculation of the average dwell time at destination, broken down, in the case of carload traffic, by each detailed type of commodity set out in section 3 of this Schedule.
Terminal Dwell Time
25 The report must set out the average terminal dwell time in hours for the reporting week for the terminal areas served by each of the top 10 railway facilities of the rail carrier, for
(a) in the case of carload traffic, loaded cars, broken down by each type of commodity set out in section 2 of this Schedule;
(b) in the case of intermodal traffic, loaded intermodal containers; and
(c) in the case of carload traffic and intermodal traffic, empty cars and intermodal containers, broken down by each equipment type set out in section 4 of this Schedule.
26 The report must set out the average terminal dwell time in hours for the reporting week for all the terminal areas served by each of the top 10 railway facilities of the rail carrier combined, calculated at the car level, for
(a) in the case of carload traffic, loaded cars, broken down by each type of commodity set out in section 2 of this Schedule;
(b) in the case of intermodal traffic, loaded intermodal containers; and
(c) in the case of carload traffic and intermodal traffic, empty cars and intermodal containers, broken down by each equipment type set out in section 4 of this Schedule.
27 Cars on through trains are excluded from the calculations referred to in sections 25 and 26 of this Schedule.
28 Intermodal containers that have remained at a railway facility for more than 30 days are excluded from the calculations in sections 25 and 26 of this Schedule.
29 For carload traffic, the following rules apply to the calculations in sections 25 and 26 of this Schedule:
(a) the measurement of the terminal dwell time begins with the first of the following events to occur within a terminal area:
(i) the release of a car by a customer,
(ii) the arrival of a car at a railway facility,
(iii) the receipt of a car at an interchange;
(b) the measurement of the terminal dwell time ends with the first of the following events to occur within a terminal area:
(i) the placement of a car at destination,
(ii) the placement of a car for transfer at an interchange,
(iii) the last recorded movement event of a car within the terminal area.
30 For intermodal traffic, the following rules apply to the calculations in sections 25 and 26 of this Schedule:
(a) the measurement of the terminal dwell time begins with the first of the following events to occur within a terminal area:
(i) the release of an intermodal container by a customer,
(ii) the arrival of an intermodal container at a railway facility,
(iii) the receipt of an intermodal container at an interchange,
(iv) the placement of an intermodal container onto a car;
(b) the measurement of terminal dwell time ends with any of the following events occurs within a terminal area:
(i) the placement of an intermodal container at destination,
(ii) the placement of an intermodal container for transfer at an interchange,
(iii) the departure of an intermodal container from a railway facility by a motor carrier,
(iv) for a container that leaves the terminal area by rail under the control of the rail carrier, the last recorded movement event of the container in the terminal area.
31 (1) The top 10 railway facilities of a rail carrier are to be determined according to throughput, calculated as the average annual number of loaded and empty cars, excluding through trains, processed during the previous three calendar years.
(2) When accounting for intermodal traffic in the calculation of throughput, intermodal railcars are to be counted, but not intermodal containers, and articulated cars and multi-packs are to be counted as one car regardless of the number of platforms.
32 If one of a rail carrier’s top 10 railway facilities is part of the terminal area of another of the rail carrier’s top 10 railway facilities, only the railway facility with the greatest volume throughput is to have a terminal area designated for reporting terminal dwell time, in which case the facility with the smaller throughput is to be replaced by the next largest railway facility in terms of throughput that does not already appear in the top 10 railway facilities.
33 A rail carrier must update the list of its top 10 railway facilities three years after the day on which this Schedule comes into force and every three years after that using the calculation set out in section 31 of this Schedule.
34 (1) The first report must be accompanied by the following information for each terminal area:
(a) the name and station code (the SPLC or, if not available, the FSAC) of the top 10 railway facility that serves the terminal area;
(b) the names and station codes (the SPLC or, if not available, the FSAC) for any railway facilities served by the top 10 railway facility;
(c) the names and station codes (the SPLC or, if not available, the FSAC) of any station served by a railway facility referred to in paragraphs (a) or (b).
(2) The information referred to in subsection (1) must be updated following any change to the list of top 10 railway facilities and submitted with the next report.
(3) The information in subsection (1) with respect to a terminal area must be updated each time a change in the rail carrier’s operations results in a change to the list of facilities and stations served by the facility, and submitted with the next report.
35 The report must include the following information for each terminal area and for the top 10 terminal areas combined:
(a) for the terminal dwell time reported in accordance with paragraphs 25(a) and 26(a) of this Schedule, the total number of loaded cars, not broken down by type of commodity;
(b) for the terminal dwell time reported in accordance with paragraphs 25(b) and 26(b) of this Schedule, the total number of loaded intermodal containers;
(c) for the terminal dwell time reported in accordance with paragraphs 25(c) and 26(c) of this Schedule, the total number of empty cars and intermodal containers, broken down by each equipment type set out in section 4 of this Schedule.
36 Despite sections 25, 26 and 35 of this Schedule, the report for the BNSF Railway Company must set out
(a) the average terminal dwell time in hours for the reporting week for the terminal areas served by each of the top 10 railway facilities of the rail carrier, for
(i) all loaded cars and intermodal containers combined, and
(ii) all empty cars and intermodal containers combined;
(b) the average terminal dwell time in hours for the reporting week for all the terminal areas served by each of the top 10 railway facilities of the rail carrier combined, calculated at the car level, for
(i) all loaded cars and intermodal containers combined, and
(ii) all empty cars and intermodal containers combined; and
(c) the combined total number of cars and intermodal containers included in the calculation of each of the average terminal dwell times reported under paragraphs (a) and (b).
Segment Transit Time
37 (1) The report must set out the average segment transit time in hours for cars, in the case of carload traffic, and for intermodal containers, in the case of intermodal traffic, that fully transit a segment that connects any of the rail carrier’s top 10 railway facilities with the next of the rail carrier’s top 10 railway facilities on the car or container’s route.
(2) If any of the top 10 railway facilities of a rail carrier is within 40 km of another of the carrier’s top 10 railway facilities, the facility with the smaller throughput is to be replaced by the next largest railway facility in terms of throughput that does not appear in the carrier’s list of top 10 railway facilities, for the purposes of calculating the segment transit time indicator only.
(3) The report must also set out the average segment transit time for cars and intermodal containers that fully transit a segment that connects any of the rail carrier’s top 10 railway facilities with the largest railway facility in a province in which none of the top 10 railway facilities is located.
38 The measurement of segment transit time begins with the last event related to the car’s or intermodal container’s passing by or departing from the railway facility that begins the segment and ends with the first event related to the passing or arrival of the car or intermodal container at the railway facility that completes the segment.
39 (1) Segment transit time is to be reported for
(a) carload traffic, broken down by loaded and empty cars, and further broken down by direction of travel; and
(b) intermodal traffic, broken down by loaded and empty containers, and further broken down by direction of travel.
(2) For each segment transit time reported, the report must set out the number of cars and of intermodal containers included in each calculation.
40 The segments reported under segment transit time must be updated each time a rail carrier changes its list of top 10 railway facilities.
41 (1) The first report must be accompanied by a list of the length in kilometres of each segment.
(2) The list of segment lengths must be updated following any change and submitted with the next report.
Velocity
42 (1) The report must set out the average velocity — daily average car kilometres — for each equipment type set out in section 4 of this Schedule, for all cars and intermodal containers, whether or not they have moved.
(2) The average velocity is calculated by dividing the total daily car-kilometres by the sum of daily cars online for the reporting week.
(3) The report must set out the daily average number of cars and intermodal containers included in the calculation of each velocity reported.
Locomotive Fleet Status
43 (1) The report must set out for each geographic region set out in section 5 of this Schedule and on a Canada-wide basis the following:
(a) the daily average number of locomotives that are online;
(b) the daily average number of locomotives that are in storage;
(c) the daily average number of locomotives that are in bad order; and
(d) the total of paragraphs (a) to (c).
(2) The information referred to in subsection (1) includes the locomotives, whether owned or leased, within the network of the rail carrier and the foreign locomotives that are operated by the rail carrier on its network but does not include locomotives in passenger, work and company service.
(3) The calculation of the daily averages referred to in subsection (1) is to be based on a daily snapshot.
Number of Employees
44 (1) The report must set out, for each geographic region set out in section 5 of this Schedule and on a Canada-wide basis, the number of railway operating employees, other than trainees, who are employed by the rail carrier, who were available to move traffic during the reporting week and whose primary occupation is one of the following positions:
(a) locomotive engineer;
(b) conductor.
(2) The number of employees is to be based on a weekly snapshot taken on the same day of each reporting week, with the first report setting the day on which the snapshot is taken.
(3) If a carrier uses human resources systems that are not updated every week, the weekly snapshot for a reporting week may be used for any following reporting week for which the car1rier is unable to produce updated information.
(4) When determining the number of employees, employees who are available to move traffic in more than one of the geographic regions set out in section 5 of this Schedule are to be included in the count for only one of those geographic regions.
(5) An employee may be considered to be available if they are on short-term leave, such as sick leave, personal leave, vacation leave or an elective or mandatory rest day, at the time of the snapshot.
(6) An employee is not considered to be available if they are suspended or on long-term leave, such as disability leave, parental leave or leave without pay, at the time of the snapshot.
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