Minister of Transport issues revised Order to improve rail safety in the winter

November 6, 2020          Ottawa, Ontario          Transport Canada

Continued vigilance is absolutely necessary to ensure the safe transportation of dangerous goods by rail in colder weather, and to protect both railway workers and those living near Canada’s rail corridors.

Today, the Minister of Transport, the Honourable Marc Garneau, announced that he is issuing a new Ministerial Order under the Rail Safety Act, to further reduce the risk of derailments during cold temperatures, and to improve the efficiency of Canada’s winter rail operations.

The new Ministerial Order restricts train speeds based on cold temperature conditions, instead of restricting train speed based on a winter date range as required in the previous Ministerial Order. Railway companies will be required to develop and submit a Winter Operations Plan specific to each subdivision where higher risk key trains operate.

The new Ministerial Order also specifies a number of additional key elements that must be satisfied in order to achieve a greater standard of safety during cold weather conditions, including:

• improved track inspection and track maintenance practices;
• requirement for further speed restrictions if warranted due to inspection results;
• requirement of risk mitigation measures to account for rapid temperature fluctuation;
• requirement of the use of new technology to detect a rail break; and
• requirement for of approval of the plan by a professional engineer.

This Ministerial Order takes into account that different regions of the country can experience very different temperature ranges on any given day, while also considering the possibility of abnormal temperature fluctuations that may occur outside the November 15 to March 15 period. 

The conditions of the new Ministerial Order take immediate effect. However, railway companies that do not develop a Winter Operations Plan specific to each subdivision where higher risk key trains operate will be required to adhere to the original the date-based approach to reducing their speeds during the winter months, which begins on November 15.

Transport Canada’s role is to monitor railway companies for compliance with rules, regulations, standards, and Orders made under the Railway Safety Act. If non-compliance or a safety concern is identified, Transport Canada takes appropriate enforcement action which could include Letters of Non-Compliance, Notices, Notices and Orders, Administrative Monetary Penalties and/or prosecution.

Rail safety is the Minister of Transport’s top priority, and the Government of Canada is continuously looking for ways to make the country’s railway system even safer for Canadians.

Speed limit restrictions for railway companies with a Winter Operations Plan specific to each subdivision where higher risk key trains operate: