Regulations Amending the Grade Crossings Regulations and the Prevention and Control of Fires on Line Works Regulations (Miscellaneous Program): SOR/2018-256

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-256 November 23, 2018

RAILWAY SAFETY ACT

P.C. 2018-1438 November 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 7(1) ^{footnote a} and paragraph 18(1)(d) ^{footnote b} of the Railway Safety Act ^{footnote c}, makes the annexed Regulations Amending the Grade Crossings Regulations and the Prevention and Control of Fires on Line Works Regulations (Miscellaneous Program).

Regulations Amending the Grade Crossings Regulations and the Prevention and Control of Fires on Line Works Regulations (Miscellaneous Program)

Grade Crossings Regulations

1 The definition Grade Crossings Standards in subsection 1(1) of the Grade Crossings Regulations ^{footnote 1} is replaced by the following:

Grade Crossings Standards means the Grade Crossings Standards published by the Department of Transport and dated January 1, 2019. (Normes sur les passages à niveau)

2 Paragraph 21(2)(a) of the Regulations is replaced by the following:

• (a) any railway equipment other than unattended railway equipment;

3 Section 33 of the Regulations is replaced by the following:

33 (1) The location of a public grade crossing must meet the standards set out in article 11 of the Grade Crossings Standards.

(2) Subsection (1) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles.

4 Section 79 of the Regulations is replaced by the following:

79 If a Stop sign is installed and it is not clearly visible within the stopping sight distance, a Stop Ahead sign meeting the standards set out in article 8.3 of the Grade Crossings Standards must be installed.

5 The portion of subsection 80(1) of the Regulations before paragraph (a) is replaced by the following:

80 (1) If a Railway Crossing sign is installed, a Railway Crossing Ahead sign with an Advisory Speed Tab sign must be installed if

6 Section 101 of the Regulations is replaced by the following:

101 (1) A person may construct a road intersection or an access road on a road approach to a public grade crossing if

• (a) the railway design speed is 25 km/h or less; or
• (b) the location of the grade crossing meets the standards set out in article 11 of the Grade Crossings Standards.

(2) Paragraph (1)(b) does not apply to a public grade crossing where, at the road approach, access is for the exclusive use of pedestrians and non-motor vehicles.

Prevention and Control of Fires on Line Works Regulations

7 Paragraph 26(a) of the French version of the Prevention and Control of Fires on Line Works Regulations ^{footnote 2} is replaced by the following:

• a) le fait d’aviser le service d’incendie responsable de la zone où est situé l’incendie, si celui-ci ne peut être éteint ou maîtrisé sans l’assistance du service d’incendie;

Coming into Force

8 These Regulations come into force on March 1, 2019.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Following consultation with stakeholders and subject matter experts, Transport Canada identified a number of minor technical, non-substantive amendments needed to modify the Grade Crossings Regulations, the Grade Crossings Standards, and the Prevention and Control of Fires on Line Works Regulations.

For example, under the previous wording of sections 79 and 80 of the Grade Crossings Regulations, the industry was misinterpreting that without a “stop sign” or a “railway crossing sign” installed at the railway crossing, they would not be compliant with the regulation. This confusion could have created a financial burden on companies and private land owners to install additional signs that were not required at many private grade crossings. It was therefore necessary to amend these regulations to improve clarity and coherence for all stakeholders.

Objectives

The amendments have the following objectives:

• to correct discrepancies between the French and English versions;
• to add clarity to regulatory provisions;
• to correct typographical or grammatical errors; and
• to update references to standards and other incorporation-by-reference documents.

Description

These amendments create the following non-substantive modifications:

• Grade Crossings Regulations: 4 amendments
• Grade Crossings Standards: 17 amendments
• Prevention and Control of Fires on Line Works Regulations: 1 amendment

The amendments to the Grade Crossings Regulations, SOR/2014-275, correct the following discrepancies:

• Non-substantive amendments to improve clarity
  • 1. Paragraph 21(2)(a) [English and French] is changed by adding “other than unattended railway equipment.” Without this addition, Section 27 contradicts paragraph 21(2)(a). This unclear wording was confusing to industry stakeholders, which could have created risks to train handling and railway operations.
  • 2. Section 79 and Section 80 (English and French) are modified by adding “if a sign is installed” for a STOP sign, and adding “if a sign is installed” for a Railway Crossing Sign. The industry was making the misinterpretation that without a stop sign or a railway crossing sign installed at the railway crossing, they would not be compliant with the regulation. This misinterpretation could have created a financial burden on railway companies and private land owners, and could have led some railway companies and private land owners to install additional signs at many private grade crossings.
  • 3. Section 33 and Section 101 (English and French) are amended to specify that they do not apply to grade crossings where, at the road approach, access is exclusive to pedestrian or non-motorized vehicle use. As the Railway Safety Act defines “road” as “any way or course, whether public or not, available for vehicular or pedestrian use,” it is necessary to amend sections 33 and 101 to exclude crossings that are exclusive to pedestrians or other non-motorized vehicles.
• Updating references to standards
  • 4. Subsection 1(1) [English and French] required an updated reference to the publication date of the modified Grade Crossings Standards. The Grade Crossings Regulations must refer the regulated community to use the latest version of the Grade Crossings Standards, which will be published by Transport Canada on January 1, 2019.

The amendments to the Grade Crossings Standards, which are incorporated by reference into the Grade Crossings Regulations, correct the following discrepancies:

• Correction of French/English discrepancies
  • 1. Table of Contents (under part C) [French] is amended to include header “9 SPÉCIFICATIONS RELATIVES AUX SYSTÈMES D’AVERTISSEMENT” to be consistent with the English version.
  • 2. Articles 9.1(b), (c), and 9.2.1(c) [French] are amended to include “vitesse de référence sur la voie ferrée” to match the English wording.
  • 3. Article 9.1(c) [French] is modified to harmonize its meaning with the English version.
  • 4. Article 9.2.1 (French) is amended to harmonize its meaning with the English version.
  • 5. Article 16.3.2 (French) is amended to change the French wording from “de marche arrière” to “renversée,” as the original translation was inaccurate.
  • 6. Appendix B — Article 2.1 (French) is amended to harmonize its meaning with the English version.
• Non-substantive amendments to improve clarity
  • 7. Article 9.5 (English and French) is amended to add the wording “without gates.” The original text did not provide the accurate description of the warning system and should have been consistent with other requirements found throughout Article 9.
  • 8. Equation 10.4b (English and French): The text relating to equation 10.4b is amended to add clarity to the equation. It explains that “cd_G stop” should be used in place of (s) in figure 10-2.
  • 9. Equation 10.4b and corresponding text of Equation 10.4b (English and French): The acronym “t” is modified to “tcd_{G stop}” and the text relating to equation 10.4b is amended to add clarity to the equation. The amended text explains that “tcd_G stop” should be used in place of (t) in figure 10-2. Transport Canada is creating the new acronym in order to help differentiate equation 10.4b from equation 10.3b.
  • 10. Article 12.1(c) [English and French] is amended to change the word “minimum” to “maximum.” The top of the warning signal foundation must be at a “maximum,” not a “minimum,” of 100 mm (4 inches) above the surrounding ground. This change matches the corresponding Figure 12-1 which is correct. This error could have resulted in the unsafe installation of foundations of warning systems and caused potential hazards to motorists and road users in the event of an accident.
  • 11. Figures 12-2 and 12-3 (English and French) are replaced with updated versions to correspond with Article 12.1(c), which indicates the requirements for the gate and cantilever foundation height above the crown of the road. The original incomplete figures may have resulted in the unsafe installation of foundations of warning systems and caused potential hazards to motorists and road users in the event of an accident.
  • 12. Figure 13-2(b) [English and French] is replaced with an updated version to show the long lights required for this particular application. Stakeholders were at risk of improperly installing warning system light units and flasher masts. Modification of figure 13-2(b) was required to clarify the requirement, as the original figure 13-2(b) was misleading and incomplete
• Correction of grammatical or typographical errors
  • 13. Part A, Article 1, (within citations) [English and French]: Changes the edition of the American Railway Engineering and Maintenance of Way Association (AREMA) manual to the year, 2014. The incorrect year of the AREMA edition was quoted in the Standard.
  • 14. Article 10.3.2 (English and French): Replaces the acronym “S” with “s” in all of Article 10.
  • 15. Article 13.3.2 (English and French): Replaces the referred table in the text from “10-2” to “10-4.”
  • 16. Article 14.2.1 (English): Replaces the word “axes” with “axis.”
  • 17. Figure D-1 (Appendix D) [English]: Replaces “egde” with “edge” in Figure D-1

The amendment to the Prevention and Control of Fires on Line Works Regulations, SOR/2016-317, correct the following discrepancy:

• Correction of grammatical or typographical errors
  • 1. Paragraph 26(a) [French]: Replaces “assitance” with “assistance.”

“One-for-One” Rule

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small businesses.

Rationale

In line with the feedback provided by stakeholders and subject matter experts, these amendments are necessary to update references, and address discrepancies and lack of clarity of certain provisions found in the Grade Crossings Regulations, the Grade Crossings Standards, and the Prevention and Control of Fires on Line Works Regulations. These minor technical changes help clarify and improve the regulatory process, and do not impose any costs to the government or stakeholders.

Contact

Jacqueline Booth
Director
Regulatory Affairs
Rail Safety
Transport Canada
Safety and Security, ASRR
Enterprise Building, 14th Floor
427 Laurier Avenue West
Ottawa, Ontario
K1A 0N5
Email: TC.RailSafetyConsultations-ConsultationSecuriteFerroviaire.TC@tc.gc.ca