Proposed Rail Transportation Regulations published in Part I of the Canada Gazette
April 01, 2019 – Gatineau, QC – Canadian Transportation Agency
The Canadian Transportation Agency (CTA) today announced that proposed Regulations Amending Certain Regulations made under the Canada Transportation Act were published in Part I of the Canada Gazette on March 30, 2019, for public review and comment. The proposed regulations are being made by the CTA under the Canada Transportation Act (Act), as amended by the Transportation Modernization Act on May 23, 2018.
The proposed regulations represent Phase 4 of the CTA’s Regulatory Modernization Initiative (rail), and follow consultations held in the summer and fall of 2018. The consultation process included 20 formal bilateral meetings with representatives from Canadian and U.S. passenger and freight railway companies, rail tourism operators, industry associations, grain shipper associations, associations representing logistics and freight management, private companies who are users of rail, and other industry experts. In addition, the CTA received 26 written submissions from stakeholders. The CTA considered all input received as it developed the draft regulations.
The proposed regulations would make amendments needed to align with changes made to the Act in recent years, including under the Transportation Modernization Act. They would also prescribe filing requirements for freight railway companies so that the CTA can validate that they are carrying appropriate minimum third party liability insurance coverage. Finally, the proposed regulations would designate rail-related provisions of the Act, and CTA Orders, as subject to administrative monetary penalties of up to $25,000 per violation.
How to Comment
For more information on the proposed regulations, please visit the Rail Transportation Consultation Web page.
“The CTA is committed to modernizing the rail transportation regulations that it administers. These proposed regulatory amendments build on consultations held in the summer and fall of 2018. We look forward to hearing from interested parties who may have further comments in the next month, before finalizing the regulations. During the consultations, the CTA also heard from stakeholders about the importance of clear guidance material, which we will be releasing in the months ahead."
– Scott Streiner, Chair and CEO of the Canadian Transportation Agency
The CTA will review all comments received following the pre-publication of the proposed regulations in Part I of the Canada Gazette, and may propose adjustments based on this feedback. Once approved, the final regulations will be published in Part II of the Canada Gazette. The regulations are expected to come into force by summer 2019.
About the CTA
The Canadian Transportation Agency is an independent, quasi-judicial tribunal and regulator that has, with respect to all matters necessary for the exercise of its jurisdiction, all the powers of a superior court. The CTA has three core mandates: helping to keep the national transportation system running efficiently and smoothly, protecting the fundamental right of persons with disabilities to accessible transportation services, and providing consumer protection for air passengers. To help advance these mandates, the CTA makes and enforces ground rules that establish the rights and responsibilities of transportation service providers and users and level the playing field among competitors, resolves disputes using a range of tools from facilitation and mediation to arbitration and adjudication, and ensures that transportation providers and users are aware of their rights and responsibilities and how the CTA can help them.