Provincial Railways Fitness Criteria and Safety Regulation

Provincial Railways Fitness Criteria and Safety Regulation, M.R. 24/99 The Provincial Railways Act , C.C.S.M. c. R15 Regulation 24/99 Registered February 19, 1999 bilingual version (HTML) Table of Contents Section PART 1 FITNESS CRITERIA 1 Definitions 2 Application of Part 3 Insurance requirements 4 Superintendent may reduce required amount 5 Demonstration of fitness PART 2 RAILWAY SAFETY REQUIREMENTS 6 Definitions 7 Compliance with safety standards required 8 Standards to apply as amended from time to time 8.1 Reportable railway accidents and incidents 8.2 Exemptions respecting Highway Crossings Protective Devices Regulations 9 Repealed Schedule PART 1 FITNESS CRITERIA Definitions 1 In this Part, "deductible" means the amount of risk for which the insured takes financial responsibility under an insurance contract; (« franchise ») "liability insurance" means financial compensation provided for in a contract entered into between a railway company and an insurer in respect of the following matters arising with respect to a railway owned, constructed or operated by the railway company and out of the operations of the railway company as they relate to the railway or as a result of any acts or omissions of the railway company, or any of its officers, directors, employees or agents: (a) third party bodily injury or death, including passengers, (b) third party damage to property, (c) named perils pollution; (« assurance responsabilité ») "named perils pollution" means risks that are set out in an insurance contract that are associated with seepage, pollution or contamination resulting from but not limited to collision, overturning, derailment, upset, hostile fire, lightning or explosion or other railway related accidents. (« risques de pollution désignés ») Application of Part 2 For the purposes of subsection 30(1) of the Act, this Part prescribes the criteria relating to fitness to hold a licence to operate a railway. M.R. 133/2004 Insurance requirements 3(1) Subject to section 4, a railway company shall hold a minimum amount of $15,000,000 of liability insurance contracted with an insurer authorized to carry on business in Manitoba. 3(2) The insurance required under subsection (1) shall name the Government of Manitoba, its officers, employees and agents as additional insureds. 3(3) The railway company shall notify the superintendent in writing, without delay, of the cancellation of or any alteration to, or any proposed cancellation of or alteration to, its liability insurance coverage or change in operation of the railway or in the operations of the railway company in relation to the railway which may cause its insurance to no longer be adequate. 3(4) A liability insurance policy obtained by a railway company in compliance with this regulation shall include a term that cancellation of the policy or alteration to the coverage shall not be effective unless the superintendent is given at least 30 days notice of cancellation or alteration. 3(5) Prior to the commencement of the construction or operation of a railway, the railway company shall file with the superintendent a certified copy of the insurance policy required under subsection (1), or a certificate acceptable to the superintendent setting out the particulars of the insurance policy, including details of coverage and of deductible, if any. 3(6) Where (a) there is an alteration in the coverage under an insurance policy required under subsection (1); or (b) an insurance policy obtained by a railway company in compliance with this regulation is replaced by another policy; the railway company shall file with the superintendent a certified copy of the altered or replacement policy, or a certificate acceptable to the superintendent setting out the particulars of the altered or replacement policy, including details of coverage and of deductible, if any. M.R. 39/2019 Superintendent may reduce required amount 4 The superintendent may, in his or her discretion, reduce the minimum required amount of insurance set out in subsection 3(1) with respect to a railway company or class of railway companies. M.R. 39/2019 Demonstration of fitness 5 The applicant shall demonstrate that its management, managerial staff and other employees have or will have sufficient knowledge of all applicable regulations and rules relating to railway safety and operations, relative to their respective positions, to satisfy the superintendent that the railway can be operated safely and responsibly. M.R. 39/2019 PART 2 RAILWAY SAFETY REQUIREMENTS Definitions 6 In this Part, "collision" means an impact, other than an impact associated with normal operating circumstances, between rolling stock or between rolling stock and another object; (« collision ») "dangerous goods" means a product, substance or organism (a) included by its nature or by the Transportation of Dangerous Goods Regulations in any of the classes listed in the schedule to the Transportation of Dangerous Goods Act, 1992 (Canada), or (b) that is a dangerous good as defined in the Dangerous Goods Handling and Transportation Act ; (« marchandises dangereuses ») "derailment" means an accident in which one or more wheels of rolling stock leave the rails, other than by reason of an explosion or a collision; (« déraillement ») "grade-crossing collision" means a collision that occurs at any railway crossing between rolling stock and any other crossing user; (« collision à un passage à niveau ») "reportable railway accident" means an accident resulting directly from the operation of rolling stock, in which (a) a person sustains a serious injury or is killed as a result of (i) being on board or getting on or off the rolling stock, or (ii) coming into contact with any part of the rolling stock or its contents, or (b) the rolling stock (i) is involved in a grade-crossing collision, (ii) is involved in a collision or derailment and is carrying passengers, (iii) is involved in a collision or derailment and is carrying dangerous goods, or is known to have last contained dangerous goods the residue of which has not been purged from the rolling stock, (iv) sustains damage that affects its safe operation, or (v) causes or sustains a fire or explosion, or causes damage to the railway, that poses a threat to the safety of any person, property or the environment; (« accident ferroviaire à signaler ») "reportable railway incident" means an incident resulting directly from the operation of rolling stock, in which (a) a risk of collision occurs, (b) an unprotected main track switch is left in an abnormal position, (c) a railway signal displays a less restrictive indication than that required for the intended movement of rolling stock, (d) an unprotected overlap of operating authorities occurs, (e) a movement of rolling stock exceeds the limits of its authority, (f) there is runaway rolling stock, (g) a crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform the crew member's duties as a result of a physical incapacitation that poses a threat to any person, property or the environment, or (h) dangerous goods are released on board or from the rolling stock; (« incident ferroviaire à signaler ») "risk of collision" means a situation where rolling stock comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists; (« risque de collision ») "safety standard" means a regulation, circular, order, rule, standard, or similar thing set out in the Schedule; (« norme de sécurité ») "serious injury" means an injury that is likely to require admission to a hospital; (« blessure grave ») "traffic authority" means a traffic authority as defined in subsection 1(1) of The Highway Traffic Act . (« autorité chargée de la circulation ») M.R. 133/2004 ; 39/2019 Compliance with safety standards required 7(1) A railway to which The Provincial Railways Act applies shall conform to, and shall be constructed and operated in compliance with, the safety standards set out in the Schedule to this regulation. 7(2) A railway company shall ensure that a railway owned, constructed or operated by it meets the requirements of subsection (1). Standards to apply as amended from time to time 8 A reference to a safety standard in the Schedule is a reference to the safety standard as it may be amended, revised or replaced from time to time, notwithstanding that the amendment, revision or replacement may be set out in or take the form of (a) a document of a different character; or (b) a different type of statutory instrument. Reportable railway accidents and incidents 8.1(1) If a reportable railway accident or incident takes place, the railway company or a crew member aboard the rolling stock involved in the accident or incident shall report to the superintendent the following information: (a) the name of the railway company; (b) the date, time and location of the accident or incident; (c) whether any deaths or serious injuries resulted from the accident or incident and, if so, the number of persons killed or injured; (d) whether the rolling stock carries any dangerous goods. 8.1(2) A report under subsection (1) shall be made as soon as possible after the accident or incident. In any event, the report shall be made within 24 hours after the accident or incident. 8.1(3) In addition to the reporting requirements set out in subsections (1) and (2), the railway company shall, in a form approved by the superintendent, submit to the superintendent within 30 days after the accident or incident all the following information: (a) the train number and direction; (b) the name of the railway company; (c) the names of the crew members; (d) the date and time of the accident or incident; (e) the location of the accident or incident by reference to a mileage and subdivision location and, if applicable, the track designation in a yard; (f) the number of crew members, passengers and other persons who were killed or sustained a serious injury; (g) a description of the accident or incident and the extent of any resulting damage to the rolling stock, the railway, the environment and other property; (h) a description of any dangerous goods contained in or released from the rolling stock; (i) in the case of a reportable accident, the time of arrival or anticipated time of arrival of wreck-clearing equipment; (j) the name, title and location of the person making the report. M.R. 133/2004 ; 39/2019 Exemption respecting inspections under grade crossing standards 8.2(1) A railway company may apply to the superintendent for an exemption from the weekly inspection requirement set out in Table 17-2 of Transport Canada's Grade Crossing Standards published in July 2014 during a period of reduced train activity on a railway line. 8.2(2) An application for an exemption shall be made in the form the superintendent requires and shall contain or be accompanied by the information the superintendent requires. The railway company must send a copy of the application and any supporting information to the traffic authority of every highway crossed by the railway line that will be affected by the proposed exemption. 8.2(3) If the superintendent considers the exemption appropriate, he or she may issue an exemption permit, with or without conditions. In any other case, the superintendent may refuse to issue an exemption permit. 8.2(4) If the superintendent refuses to issue an exemption permit, he or she is not required to give reasons for the refusal. 8.2(5) The superintendent must advise the railway company about his or her decision within 60 days after he or she receives all the required information about the application. 8.2(6) The railway company must, without delay after being advised about the superintendent's decision, advise every affected traffic authority about the decision. If an exemption permit is issued, the railway company must also advise the traffic authorities about the expiry date stated in the permit. 8.2(7) An exemption permit expires on the earlier of (a) the expiry date stated in the permit; and (b) the day the railway company resumes regular operations on the railway line covered by the permit. 8.2(8) An exemption permit is not renewable and may not be extended beyond the expiry date stated in the permit. 8.2(9) A railway company that is issued an exemption permit (a) must comply with any conditions the superintendent imposes on the permit; (b) must, not more than seven days before operating any train on the railway line covered by the permit, inspect every highway crossing protective device on the line the train will operate over and perform any maintenance of a device the inspection indicates should be done; (c) must, whenever it intends to operate a train on the railway line during the term of the permit, advise the superintendent before operating the train and provide the superintendent with any information the superintendent requires; and (d) must, whenever it intends to operate a train on the railway line during the term of the permit, advise any affected traffic authority before operating the train and provide the traffic authority with any information provided to the superintendent under clause (c). 8.2(10) A railway company that is issued an exemption permit shall not be entitled to receive any signal inspection and maintenance compensation from the Government of Manitoba in respect of the railway line covered by the permit and the period covered by it. M.R. 133/2004 ; 39/2019 9 [Repealed] M.R. 133/2004 SCHEDULE (Section 7) PROVINCIAL RAILWAYS SAFETY STANDARDS TABLE 1 — GOVERNMENT OF CANADA REGULATIONS REGULATION TITLE AND NUMBER Ammonium Nitrate Storage Facilities Regulations , C.R.C., c. 1145 Anhydrous Ammonia Bulk Storage Regulations , C.R.C., c. 1146 Chlorine Tank Car Unloading Facilities Regulations , C.R.C., c. 1147 Flammable Liquids Bulk Storage Regulations , C.R.C., c. 1148 Grade Crossings Regulations , SOR-2014-275 Handling of Carloads of Explosives on Railway Trackage Regulations , SOR/79-15 Height of Wires of Telegraph and Telephone Lines Regulations , C.R.C., c. 1182 Joint Use of Poles Regulations , C.R.C., c. 1185 Liquefied Petroleum Gases Bulk Storage Regulations , C.R.C., c. 1152 Locomotive Emissions Regulations , SOR/2017-121 Mining Near Lines of Railways Regulations , SOR/91-104 Notice of Railway Works Regulations , SOR/91-103 Prevention and Control of Fires on Lines Works Regulations , SOR/2016-317 Railway Employee Qualification Standards Regulations , SOR/87-150 Railway Operating Certificate Regulations , SOR/2014-258 Railway Prevention of Electric Sparks Regulations , SOR/82-1015 Railway Safety Appliance Standards Regulations , C.R.C., c. 1171 Railway Safety Management System Regulations, 2015 , SOR/2015-26 Service Equipment Cars Regulations , SOR/86-922 Wire Crossings and Proximities Regulations , C.R.C., c. 1195