Transportation of Dangerous Goods by Rail Security Regulations

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 27 and 27.1 of the Transportation of Dangerous Goods Act, 1992, makes the annexed Transportation of Dangerous Goods by Rail Security Regulations.^note^note^note

Interpretation

1Definitions#

(1)The following definitions apply in these Regulations.

Act means the Transportation of Dangerous Goods Act, 1992. (Loi)

handling site means a facility connected to a railway line where a railway vehicle is placed for the loading or unloading of dangerous goods. (lieu de manutention)

railway carrier means a person who has possession of dangerous goods for the purposes of transportation by railway vehicle on a main railway line, or for the purposes of storing them in the course of such transportation. (transporteur ferroviaire)

railway loader means

(a)any person that operates a handling site, or

(b)any manufacturer or producer of dangerous goods that has possession of dangerous goods at a handling site for the purposes of loading them prior to, or unloading them after, transportation by rail. (chargeur ferroviaire)

(2)Unless the context requires otherwise, all other words and expressions used in these Regulations have the same meaning as in section 1.4 of the Transportation of Dangerous Goods Regulations.

Part 1 · Rail Security Reporting

2Objective#

This Part sets out security requirements for the purposes of section 5 of the Act.

3Potential threats and other security concerns#

(1)A railway carrier must immediately report any potential threat or other security concern by telephone to the Transport Canada Situation Centre. Potential threats and other security concerns include

(a)any interference with a train crew;

(b)any bomb threats, either specific or non-specific;

(c)any reports or discoveries of suspicious items when the report or discovery results in a disruption of railway operations;

(d)any suspicious activities observed on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

(e)the discovery, seizure or discharge of a firearm or other weapon on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

(f)any signs of tampering with a railway vehicle if the railway carrier determines that security has been compromised; and

(g)any information relating to the possible surveillance of a railway vehicle, of infrastructure used in railway operations or of a facility or location used in railway operations.

(2)The report must include, if applicable and to the extent known, the following information:

(a)the railway carrier’s name and contact information, including telephone number and email address;

(b)the name of the person who is making the report on behalf of the railway carrier and the person’s title and contact information, including their telephone number and email address;

(c)any information that identifies any train that is affected by the potential threat or other security concern, including its itinerary and line or route position;

(d)any information that identifies any railway vehicle, infrastructure, facility or location that is affected by the potential threat or other security concern;

(e)the classification and quantity of any dangerous goods that are involved in the potential threat or other security concern; and

(f)a description of the potential threat or other security concern, including the date and time that the railway carrier became aware of it and the date and time of any incident linked to it.

Part 2 · Rail Security Requirements

General

4Objective#

This Part sets out security requirements for the purposes of section 5 of the Act.

Coordinator

5Rail security coordinator#

(1)A railway carrier must, at all times, have an employee designated as a rail security coordinator or an acting rail security coordinator.

(2)The railway carrier must provide the Minister with

(a)the name and job title of the rail security coordinator or acting rail security coordinator; and

(b)24-hour contact information for the rail security coordinator or acting rail security coordinator.

6Duties#

A railway carrier must ensure that the rail security coordinator or acting rail security coordinator

(a)coordinates security matters within the railway carrier’s organization; and

(b)acts as the principal contact between the railway carrier, law enforcement and emergency response agencies and the Minister with respect to security matters.

Inspections

7Security inspection — railway vehicle accepted#

(1)If a railway carrier accepts a railway vehicle that contains dangerous goods for transport in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations, the railway carrier must carry out a visual security inspection of the railway vehicle when it is accepted for transport and when it is placed in the train.

(2)If a railway carrier accepts dangerous goods for transport in a railway vehicle in a train and a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations, the railway carrier must carry out a visual security inspection of the railway vehicle when it is placed in the train.

(3)If a railway carrier that is carrying out an inspection under subsection (1) or (2) discovers signs of tampering or a suspicious item, the railway carrier must take measures to determine whether security has been compromised.

(4)If the railway carrier determines that security has been compromised, the railway carrier must take measures to address the situation before transporting the dangerous goods.

Part 3 · Security Plan and Training

General

8Prescribed persons#

A railway carrier, or a person who is employed by or is acting directly or indirectly for a railway carrier, is a prescribed person for the purposes of section 7.3 of the Act.

Security Plan and Security Plan Training

9Application — security-sensitive dangerous goods#

(1)Sections 10 to 13 apply only to railway carriers that transport and railway loaders that offer for transport or handle any of the security-sensitive dangerous goods set out in Schedule 1.

(2)For greater certainty, paragraph 10(1)(g) does not apply to railway loaders.

^note

10Security plan#

(1)A railway carrier or railway loader is required to implement a security plan that

(a)is in writing;

(b)identifies, by job title, a senior manager responsible for the plan’s overall development and implementation;

(c)describes the railway carrier’s or railway loader’s organizational structure, identifies the departments that are responsible for implementing the plan or any portion of it and identifies every position whose incumbent is responsible for implementing the plan or any portion of it;

(d)describes the security duties of each identified department and position;

(e)sets out a process for notifying each person in a position referred to in paragraph (b) or (c) and who is responsible for implementing the plan or any portion of it that the plan or that portion of it must be implemented;

(f)includes an assessment of the security risks associated with the offering for transport, handling or transport of the dangerous goods set out in Schedule 1 that the railway carrier or railway loader offers for transport, handles or transports;

(g)sets out a process for security inspections referred to in section 7, including

(i)a procedure for conducting security inspections,

(ii)a method for determining whether security has been compromised,

(iii)a method for determining whether additional security inspections are necessary when, given the circumstances, security could be compromised, and

(iv)a method for addressing the situation, if it is determined that security has been compromised;

(h)sets out measures to prevent access by unauthorized persons to the dangerous goods set out in Schedule 1 and to the railway vehicles used to transport those dangerous goods;

(i)sets out measures to verify information provided by candidates for positions that involve access to the dangerous goods set out in Schedule 1;

(j)sets out a policy on limiting access to security-sensitive information and sets out measures for the sharing, storing and destruction of that information;

(k)sets out measures to address other security risks identified in the assessment referred to in paragraph (f);

(l)sets out a program for the security awareness training required under section 14 and the security plan training required under section 11; and

(m)sets out measures to respond to a security incident and for reporting it.

(2)The railway carrier or railway loader must

(a)make the most recent version of the security plan or any portion of it available to each person who is responsible for implementing the plan or that portion of it;

(b)review, and if necessary revise, the plan at least once a year;

(c)revise the plan if a change in circumstances is likely to affect the security risks identified in the assessment referred to in paragraph (1)(f);

(d)notify without delay the persons referred to in paragraph (a) of any significant revisions to the plan; and

(e)provide a copy of the plan to the Minister upon his or her request.

(3)The measures required under subsection (1) and under subsection 7.3(2) of the Act must be commensurate with the security risks identified in the assessment referred to in paragraph (1)(f).

(4)For greater certainty, nothing in this section requires a railway carrier or railway loader to develop a security plan if it already has a plan that meets the requirements of subsections (1) and (3).

^note

11Persons required to undergo security plan training#

(1)A person who is employed by or is acting directly or indirectly for a railway carrier or railway loader to which this section applies is required to undergo training on the security plan if that person

(a)offers for transport, handles or transports by railway vehicle, in Canada, any of the dangerous goods set out in Schedule 1; or

(b)is responsible, in Canada, for implementing the security plan or any portion of it but does not perform any of the duties referred to in paragraph (a).

(2)The railway carrier or railway loader must ensure that training on the security plan is provided to the person

(a)before the day on which the person initially undertakes the duties referred to in paragraph (1)(a), unless the person has, before that date, received training that meets the requirements of section 12;

(b)within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the responsibility referred to in paragraph (1)(b), unless the person has, before that date, received training that meets the requirements of section 12; and

(c)on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any training received before the coming into force of this subsection that meets the requirements of section 12.

(3)The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (1)(b) undergoes training on the security plan, the person performs their duties under the supervision of a person who has undergone training on the components of the plan that are relevant to the duties of the person being supervised.

^note

12Training topics#

Training on the security plan must cover the following topics:

(a)the railway carrier’s or railway loader’s security objectives;

(b)the railway carrier’s or railway loader’s organizational structure with respect to security;

(c)the railway carrier’s or railway loader’s security procedures;

(d)the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and

(e)the security plan measures that, in the event of a security incident, are relevant to the duties of the person undergoing the training.

^note

13Training on revised plan#

If a railway carrier or railway loader revises the security plan under subsection 10(2) in a way that significantly affects the duties referred to in subsection 11(1), it must ensure that a person with those duties is provided with training on the revisions as soon as possible but not later than 90 days after the day on which the plan is revised.^note

Security Awareness Training

14Security awareness training#

(1)A railway carrier or railway loader must ensure that security awareness training is provided on the following topics:

(a)the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports;

(b)the measures that are designed to enhance rail security; and

(c)the recognition of and response to potential threats and other security concerns.

(2)A person who is employed by or is acting directly or indirectly for the railway carrier or railway loader is required to undergo the security awareness training if the person

(a)offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or

(b)has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a).

(3)The railway carrier or railway loader must ensure that the security awareness training is provided to the person

(a)before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training;

(b)within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and

(c)on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection.

(4)The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (2)(b) undergoes security awareness training, the person performs their duties under the supervision of a person who has undergone that training.

^note

Training Records

15Training records#

(1)A railway carrier or railway loader must have a training record for each person who has undergone training under section 11, 13 or 14.

(2)The training record must include

(a)the person’s name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and

(b)the title and date of each training session that the person has previously followed under each section.

(3)The railway carrier or railway loader must retain the record for at least two years after the day on which the person ceases to be employed by or act directly or indirectly for the railway carrier or railway loader.

^note

Part 4 · Exemptions

16Various exemptions#

Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from all or a portion of the Transportation of Dangerous Goods Regulations in accordance with one or more of the provisions of those Regulations that are set out in Schedule 2.

17Limited quantities#

Parts 1 to 3 do not apply in respect of dangerous goods that are in a limited quantity as determined in accordance with subsection 1.17(1) of the Transportation of Dangerous Goods Regulations.

18Excepted quantities#

Parts 1 to 3 do not apply in respect of dangerous goods if

(a)they are in an excepted quantity as determined in accordance with subsections 1.17.1(1) and (2) of the Transportation of Dangerous Goods Regulations or are in an excepted quantity that is specified in subsection 1.17.1(8) of those Regulations; and

(b)the requirement set out in subsection 1.17.1(5) of those Regulations is met.

19Samples for classifying, analysing or testing#

Parts 2 and 3 do not apply in respect of samples of goods that a railway loader reasonably believes to be dangerous goods if

(a)the classification or the exact chemical composition of the goods is unknown and cannot be readily determined; and

(b)the conditions set out in paragraphs 1.19.1(a) to (d) of the Transportation of Dangerous Goods Regulations are met.

20Dangerous goods in apparatus, piece of equipment or piece of machinery#

Part 2 and sections 9 to 13 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with special provision 167 of those Regulations.

21Flammable liquids#

Parts 2 and 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.33 of those Regulations.

22Engines or machinery containing dangerous goods#

Parts 2 and 3 do not apply in respect of dangerous goods exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.52 of those Regulations.^note

23Human or animal specimens#

Parts 1 to 3 do not apply in respect of dangerous goods that are exempted from a portion of the Transportation of Dangerous Goods Regulations in accordance with section 1.42 of those Regulations.

24Medical or clinical waste#

Parts 1 to 3 do not apply in respect of dangerous goods that are medical waste or clinical waste if the conditions set out in paragraphs 1.42.3(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

25Radioactive materials#

Parts 2 and 3 do not apply in respect of dangerous goods that are radioactive materials included in Class 7 if the conditions set out in paragraphs 1.43(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

26Residue in drum#

(1)Subject to subsection (2), Part 2 and sections 9 to 13 do not apply in respect of a residue of dangerous goods contained in a drum if the conditions set out in paragraphs 1.44(a) and (b) of the Transportation of Dangerous Goods Regulations are met.

(2)This exemption does not apply in respect of dangerous goods that are included in Packing Group I or that are contained in a drum for which a Class 1, 4.3, 6.2 or 7 label is required under the Transportation of Dangerous Goods Regulations.

27Marine pollutants#

Part 2 and sections 9 to 13 do not apply in respect of a substance that is a marine pollutant as defined in section 1.4 of the Transportation of Dangerous Goods Regulations and that is included in Class 9 under subparagraph 2.43(b)(ii) of those Regulations.^note

28Life-saving appliances#

Parts 1 to 3 do not apply in respect of dangerous goods that are determined, in accordance with subsections (1) and (2) of special provision 21 of the Transportation of Dangerous Goods Regulations, to be either UN2990, LIFE-SAVING APPLIANCES, SELF-INFLATING or UN3072, LIFE-SAVING APPLIANCES NOT SELF-INFLATING, if the conditions set out in subsection (3) of that special provision are met.

29Molten sulphur#

Parts 1 to 3 do not apply in respect of dangerous goods that are UN2448, MOLTEN SULFUR, MOLTEN SULPHUR, SULFUR, MOLTEN or SULPHUR, MOLTEN, if the dangerous goods are transported in a large means of containment and the conditions set out in paragraphs (a) and (b) of special provision 32 of the Transportation of Dangerous Goods Regulations are met.

30Lithium cells and batteries#

Parts 1 to 3 do not apply in respect of dangerous goods that are UN3090, LITHIUM METAL BATTERIES (including lithium alloy batteries), UN3091, LITHIUM METAL BATTERIES CONTAINED IN EQUIPMENT (including lithium alloy batteries) or LITHIUM METAL BATTERIES PACKED WITH EQUIPMENT (including lithium alloy batteries), UN3480, LITHIUM ION BATTERIES (including lithium ion polymer batteries) or UN3481, LITHIUM ION BATTERIES CONTAINED IN EQUIPMENT (including lithium ion polymer batteries) or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT (including lithium ion polymer batteries), if the conditions set out in special provision 34 of the Transportation of Dangerous Goods Regulations are met.^note

31Neutron radiation detectors#

(1)Parts 1 to 3 do not apply in respect of a neutron radiation detector, including one with solder glass joints, that

(a)does not contain more than 1 g of boron trifluoride gas;

(b)may be transported under the UN number and shipping name UN1008, BORON TRIFLUORIDE, in accordance with subsection (1) of special provision 145 of the Transportation of Dangerous Goods Regulations; and

(c)is packed in accordance with subsection (2) of special provision 145 of those Regulations.

(2)Parts 1 to 3 do not apply in respect of a radiation detection system that contains a neutron radiation detector, including one with solder glass joints, if

(a)the neutron radiation detector meets the conditions set out in paragraphs (1)(a) and (b); and

(b)the radiation detection system is packed in accordance with subsection (3) of special provision 145 of the Transportation of Dangerous Goods Regulations.

Part 5 · Amendments and Coming into Force

Amendments to These Regulations

32 #

[Amendments]

33 #

[Amendments]

34 #

[Amendments]

Coming into Force

35One month after registration#

(1)Subject to subsections (2) to (4), these Regulations come into force on the day that, in the first month after the month in which they are registered, has the same calendar number as the day on which they are registered or, if that first month has no day with that number, the last day of that first month.

(2)Sections 4 to 7 come into force on the day that, in the third month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that third month has no day with that number, the last day of that third month.

(3)Sections 8 to 15 come into force on the day that, in the ninth month after the month in which these Regulations are registered, has the same calendar number as the day on which they are registered or, if that ninth month has no day with that number, the last day of that ninth month.

(4)Sections 19 and 32 to 34 come into force on the first anniversary of the day on which these Regulations are registered.

Schedule 1 · (Section 9 and paragraphs 10(1)(f), (h) and (i) and 11(1)(a))

Item | Description1 | Any quantity of dangerous goods included in Class 1.1, 1.2 or 1.32 | Any quantity of dangerous goods included in Class 1.4, 1.5 or 1.6 for which a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations3 | Any dangerous goods included in Class 2.1 that are in a single means of containment and are in a quantity that exceeds 3 000 L4 | Any dangerous goods included in Class 2.2, with a subsidiary class of Class 5.1, that are in a single means of containment and are in a quantity that exceeds 3 000 L5 | Any quantity of dangerous goods included in Class 2.36 | Any dangerous goods included in Class 3 that are included in Packing Group I or II, are in a single means of containment and are in a quantity that exceeds 10 000 L7 | Any of the following dangerous goods included in Class 3 that are included in Packing Group III, are in a single means of containment and are in a quantity that exceeds 10 000 L:(a)UN1170, ETHANOL with more than 24% ethanol, by volume, ETHANOL SOLUTION with more than 24% ethanol, by volume, ETHYL ALCOHOL with more than 24% ethanol, by volume, or ETHYL ALCOHOL SOLUTION with more than 24% ethanol, by volume;(b)UN1202, DIESEL FUEL, GAS OIL or HEATING OIL, LIGHT;(c)UN1267, PETROLEUM CRUDE OIL;(d)UN1268, PETROLEUM DISTILLATES, N.O.S., or PETROLEUM PRODUCTS, N.O.S.;(e)UN1863, FUEL, AVIATION, TURBINE ENGINE;(f)UN1987, ALCOHOLS, N.O.S.;(g)UN1993, FLAMMABLE LIQUID, N.O.S.;(h)UN3295, HYDROCARBONS, LIQUID, N.O.S.; and(i)UN3494, PETROLEUM SOUR CRUDE OIL, FLAMMABLE, TOXIC8 | Any quantity of any of the following dangerous goods included in Class 3 that are desensitized explosives and for which a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations:(a)UN1204, NITROGLYCERIN SOLUTION IN ALCOHOL with not more than 1% nitroglycerin;(b)UN2059, NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose;(c)UN3064, NITROGLYCERIN, SOLUTION IN ALCOHOL with more than 1% but not more than 5% nitroglycerin; and(d)UN3379, DESENSITIZED EXPLOSIVE, LIQUID, N.O.S.9 | Any quantity of dangerous goods included in Class 4.1 that are desensitized explosives and for which a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations10 | Any dangerous goods included in Class 4.2 that are included in Packing Group I or II, are in a single means of containment and are in a quantity that exceeds 3 000 L11 | Any quantity of dangerous goods included in Class 4.3 for which a placard is required under Part 4 of the Transportation of Dangerous Goods Regulations12 | Any dangerous goods included in Class 5.1 that are included in Packing Group I or II, are in a single means of containment and are in a quantity that exceeds 3 000 L13 | Any quantity of either of the following dangerous goods included in Class 5.2:(a)UN3111, ORGANIC PEROXIDE TYPE B, LIQUID, TEMPERATURE CONTROLLED,; and(b)UN3112, ORGANIC PEROXIDE TYPE B, SOLID, TEMPERATURE CONTROLLED14 | Any dangerous goods included in Class 6.1 that are in a single means of containment and are in a quantity that exceeds 3 000 L15 | Any quantity of dangerous goods included in Class 6.1 that are included in Packing Group I due to inhalation toxicity16 | More than 500 kg of either of the following dangerous goods included in Class 7:(a)UN2977, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, FISSILE; and(b)UN2978, RADIOACTIVE MATERIAL, URANIUM HEXAFLUORIDE, non-fissile or fissile excepted17 | Any quantity of a substance that is set out in the table to section 2.2 of Regulatory Document REGDOC-2.12.3, Security of Nuclear Substances: Sealed Sources, published in May 2013 by the Canadian Nuclear Safety Commission, as amended from time to time, and that is categorized in accordance with that table as a category 1 source or category 2 source18 | Any quantity of dangerous goods included in Class 7 that are Category I nuclear materials, Category II nuclear materials or Category III nuclear materials as defined in section 1 of the Nuclear Security Regulations19 | Any dangerous goods included in Class 8 that are included in Packing Group I, are in a single means of containment and are in a quantity that exceeds 3 000 L

Schedule 2 · (Section 16)

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.