Contents
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport with respect to the provisions of the annexed Railway Personnel Training and Qualifications Regulations other than section 23 and on the recommendation of the President of the King’s Privy Council for Canada with respect to that section 23, makes the annexed Railway Personnel Training and Qualifications Regulations under(a) subsections 18(1) and 37(1) of the Railway Safety Act; andnotenotenote(b) subsection 11(1) of the Free Trade and Labour Mobility in Canada Act.note
General
1Non-application#
These Regulations, other than subsections 2(5) and (6), do not apply in respect of a person who carries out the duties of a position listed in subsection 2(1) if the person
(a)is a member of a railroad crew that originates from a home terminal in the United States and enters Canada to reach a terminal or turnaround point that is within 24 km (15 miles) of the boundary between Canada and the United States; and
(b)holds a certificate issued by a railway company of the United States authorizing the person to carry out those duties.
2Positions critical to safe railway operations#
(1)For the purposes of these Regulations, all of the following positions are declared to be critical to safe railway operations:
(a)locomotive engineer;
(b)conductor;
(c)transfer hostler;
(d)yard person;
(e)remote control locomotive operator;
(f)rail traffic controller.
(2)A railway company must ensure that a person who carries out the duties of a position listed in subsection (1) holds a certificate issued under these Regulations authorizing the person to carry out the duties of the position.
(3)Subject to subsection (4), a railway company must ensure that the holder of a certificate for a position listed in subsection (1) and who has carried out the duties of the position for less than two years in total is able, while carrying out their duties, to contact a person who holds a certificate for the same position and who has carried out the relevant duties for at least two consecutive years.
(4)Subsection (3) does not apply in respect of a certificate holder who is a locomotive engineer on board a passenger train if there are at least two locomotive engineers on board.
(5)A certificate holder must have their certificate in their possession, in paper or electronic format, while they carry out their duties.
(6)A certificate holder must produce the certificate at the request of any person who is designated to enforce or administer the Railway Safety Act.
3Issuance of certificate#
(1)Before issuing a certificate to a person for a position listed in subsection 2(1), a railway company must ensure that the person meets the following conditions:
(a)they have completed the knowledge-based training referred to in section 10 and have obtained a mark of at least 80% on the examination referred to in subsection 16(1); and
(b)they have completed the on-the-job training referred to in section 11 and have obtained a mark of at least 80% on the evaluation referred to in subsection 18(1).
(2)The certificate expires on the third anniversary of the day on which it is issued.
(3)On the day on which these Regulations come into force, a remote control locomotive operator or rail traffic controller is deemed to have met the conditions set out in subsection (1) if the railway company is satisfied that the remote control locomotive operator or rail traffic controller has the skills, qualifications and knowledge set out in the Railway Safety Management System Regulations, 2015 to perform their duties safely.
(4)A certificate issued under the Railway Employee Qualification Standards Regulations is deemed to have been issued under these Regulations and remains valid until the third anniversary of the day on which it is issued.
4Transfer of certificate#
(1)A railway company must ensure that the holder of a certificate that is issued by another railway company for a position listed in subsection 2(1) is able to carry out their new duties safely.
(2)If the railway company is satisfied that the certificate holder is able to carry out their new duties safely, the certificate remains valid until its expiry date.
5Renewal of certificate#
(1)A railway company may renew a certificate for a position listed in subsection 2(1) if
(a)the certificate holder has completed the renewal training referred to in section 15;
(b)the certificate holder has obtained a mark of at least 80% on the examination referred to in subsection 16(1) and the evaluation referred to in subsection 18(1); and
(c)the certificate is still valid or has been expired for no longer than 12 months.
(2)The renewed certificate expires on the third anniversary of the day on which it is renewed.
Training
General
7Training program#
A railway company must establish and implement a training program designed to ensure the safe exercise of duties of the positions listed in subsection 2(1) that meets the requirements of sections 10 to 14 and that includes crew resource management, including threat and error management, interpersonal communication, situational awareness, leadership, teamwork, problem solving, decision making and emergency situations.
8Training requirement#
A railway company must ensure that a person who holds a position listed in subsection 2(1) receives training in accordance with these Regulations.
9Instructors — knowledge-based training#
(1)A railway company must ensure that, before an instructor provides the knowledge-based training referred to in section 10, the instructor meets the following conditions:
(a)they have completed the same training within the previous five years and have obtained a mark of at least 90% on the latest examination administered to them under subsection 16(1);
(b)they have completed any other training required by these Regulations to carry out the duties for which they will provide the training; and
(c)they have completed instructor qualification training provided by the railway company.
(2)A railway company must ensure that, before an instructor provides the on-the-job training referred to in section 11, the instructor meets the following conditions:
(a)they hold a certificate for the position for which they will provide the training;
(b)they have completed the most recent version of the on-the-job training referred to in section 11 and have obtained a mark of at least 90% on the latest evaluation administered to them under subsection 18(1);
(c)they have carried out the duties for which they will provide the training for at least three consecutive months in the area where the training is provided;
(d)they have at least two years’ experience in carrying out the duties for which they will provide the training; and
(e)they have completed instructor qualification training provided by the railway company.
(3)A railway company must ensure that, before an instructor provides the familiarization training referred to in section 13, the instructor meets the conditions set out in subsection (2).
(4)A railway company may authorize up to two persons who do not meet the conditions set out in subsections (1) to (3) to provide knowledge-based, on-the-job or familiarization training if they are responsible for the development of the training and related examinations and evaluations.
Initial Training
10Knowledge-based training#
(1)The knowledge-based training must include the subjects that the person needs to know to carry out the duties of their position safely, including the subjects set out in any of columns 1 to 6 of the schedule marked with an “X” under the heading that corresponds to the position.
(2)The knowledge-based training must also include
(a)the requirements of the instruments listed in subsection 10(1) of the Railway Safety Management System Regulations, 2015;
(b)any federal legislation that may affect railway safety; and
(c)any of the railway company’s procedures, standards, instructions, bulletins or other internal documents that may affect railway safety.
11On-the-job training#
The on-the-job training must
(a)be sufficient to ensure that the person acquires the knowledge and skills required to carry out their duties safely; and
(b)include a practical component that allows the person to learn the duties of their position during the carrying out of tasks, evaluated in accordance with a defined performance scale.
Continuing Training
Familiarization Training
13Familiarization training#
(1)A railway company must ensure that familiarization training is provided to a certificate holder before the certificate holder carries out their duties for the first time.
(2)The familiarization training must include
(a)the handling of railway equipment;
(b)the application of a railway company’s operating rules and special instructions;
(c)in respect of the area where the certificate holder is to carry out their duties,
(i)the topographic features, and
(ii)the physical characteristics of the railway work, including any grade crossings, grades and curves in a line of railway; and
(d)at least one practice trip carried out by the person in their designated area, using the railway equipment to be operated.
14Training related to area#
A railway company must ensure that the familiarization training is provided to a certificate holder who has not carried out their duties within the previous 12 months in the area to which they are assigned. The training must be provided before the certificate holder carries out their duties in that area.
Certificate Renewal Training
Examinations and Evaluations
16Knowledge-based examination#
(1)Subject to subsection (2), a railway company must ensure that an examination is administered as part of the knowledge-based training referred to in sections 10 and 15 to determine whether the person has the knowledge required to carry out their duties safely.
(2)A certificate holder who takes the renewal training referred to in section 15 is not required to undergo the examination if they successfully complete, no more than six months before the certificate’s expiry date, a competency test to ensure that they have the required knowledge and skills to carry out their duties safely.
17Examiners — correction#
(1)The railway company must ensure that an examiner
(a)corrects the examination referred to in subsection 16(1) and gives a mark;
(b)gives a mark of 80% or higher only if the examiner is satisfied that the person has sufficient knowledge to carry out their duties safely; and
(c)completes, signs and provides the railway company with a document indicating the mark given.
(2)The railway company must ensure that, before an examiner carries out their duties, the examiner has completed, within the previous five years, the knowledge-based training referred to in section 10 and has obtained a mark of at least 90% on the latest examination administered to them under subsection 16(1).
(3)The railway company may authorize up to two persons who do not meet the conditions set out in subsection (2) to carry out the duties of an examiner if they are responsible for the development of the knowledge-based training and related examinations.
18On-the-job evaluation#
(1)A railway company must ensure that an evaluator conducts an evaluation as part of the on-the-job training referred to in section 11 to determine whether the person has the required knowledge and skills to carry out their duties safely.
(2)The railway company must ensure that the evaluator
(a)evaluates the person’s knowledge and skills and gives a mark;
(b)gives a mark of 80% or higher only if the evaluator is satisfied that the person has the required knowledge and skills to carry out their duties safely; and
(c)completes, signs and provides the railway company with a document indicating the mark given.
(3)The railway company must ensure that, before an evaluator carries out their duties, the evaluator
(a)holds a certificate for the position for which the evaluator is conducting a knowledge and skills evaluation; and
(b)has obtained a mark of at least 90% on the latest examination administered to them under subsection (1).
Records
20Training record#
(1)A railway company must create a training record for each person who takes the training and undergoes the examinations and evaluations required under these Regulations and make the record available to the Minister on reasonable notice given by the Minister.
(2)The railway company must keep the record for at least six years after the day on which it is created.
Bargaining Agents
21Establishment of training program#
(1)A railway company must
(a)before it establishes a training program, consult with the bargaining agents representing the employees who are affected by the program; and
(b)before it implements the program, inform those bargaining agents.
(2)Before the railway company makes any changes to the training program that relate to railway safety, it must consult with the bargaining agents representing the employees who are affected by the program and inform those agents before the changes are implemented.
(3)However, a railway company may make changes to the program on a temporary basis before consulting with the bargaining agents representing the employees if failure to make changes without delay could result in a threat to the safety of any person, property or to the environment.
Consequential Amendment to the Free Trade and Labour Mobility in Canada Regulations
Coming into Force
(Subsection 10(1))
Item | Subject | Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6Locomotive Engineer | Conductor | Transfer Hostler | Yard Person | Remote Control Locomotive Operator | Rail Traffic Controller1 | Railway Company’s Operating Rules and Special Instructions | X | X | X | X | X | X2 | Dangerous Goods | X | X | | X | X | 3 | Train Marshalling | X | X | | X | X | 4 | Air Brake Systems and Tests | X | X | | X | X | 5 | Locomotive Operation | X | | X | | X | 6 | Train Handling | X | | | | X | 7 | Freight Car and Train Inspections | X | X | | X | X | 8 | Passenger Evacuation Procedures | | X | | | |
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.