Transport Canada (TC) has introduced new legislation designed to make railway companies more accountable for accidents involving transportation of dangerous goods. It has also initiated new regulations for railways’ Safety Management Systems (SMS), or their self-developed safety standards.

Federal transport minister Lisa Raitt announced new amendments to the Canada Transportation Act and Railway Safety Act in the House of Commons on Feb. 20. The Safe and Accountable Rail Act creates a new liability and compensation system for federally regulated railways; this includes minimum insurance requirements, a compensation fund financed by levies on crude-oil shippers, increased provisions regarding information sharing and added oversight by TC inspectors.

“The Government of Canada continues to make the safety and security of Canadians a top priority,” Raitt said in a Feb. 20 press release. “This new legislation will improve railway safety and strengthen oversight, while protecting taxpayers and making industry more accountable to communities.”

On Feb. 25, the Railway Safety Management System (SMS) Regulations, 2015 were published in Canada Gazette, Part II. These updated regulations, which go into effect on April 1, are a response to recommendations in the Auditor General’s report from November 2013. Among the changes: a provision to deal with scheduling and employee fatigue; and one that allows workers to report safety concerns to superiors without fear of reprisal.

NDP MP Hoang Mai, federal opposition critic for transport, told COHSN that the updated legislation and regulations were a step in the right direction, but that more needed to be done to ensure that railways and their employees would follow these rules.

“Some of the regulations were long overdue,” said Mai, “in terms of improving SMS systems, especially when we looked at keeping the railway companies accountable.” But while railway companies now had more obligations, nothing was in place to guarantee that TC would enforce them via competent inspectors and auditors, he added. “Rails are not being inspected properly, and that’s a concern that we have regarding inspections. Does Transport Canada have enough resources to make sure that inspections are being done?”

Another key issue is the use of CTC-111A tank cars (also known as DOT-111), which have been deemed inadequate for carrying dangerous goods, due to their tendency to puncture during derailments. Last year, TC issued a protective direction to phase out all CTC-111A cars built before January 2014, but the Transportation Safety Board of Canada (TSB) deemed the new standards insufficient.

TC introduced the Safe and Accountable Rail Act less than a week after a freight train carrying crude oil derailed and burst into flames near Gogama, Ontario. The TSB’s ongoing investigation has revealed that the train’s 100 CTC-111A tankers met the new TC standard, but still “performed similarly” to those involved in the Lac-Mégantic disaster in July 2013.

“DOT-111 tankers are still not safe enough, and we’ve seen it with accidents happening. So there is a big concern on that front,” said Mai.

In a press release following Raitt’s announcement, the Railway Association of Canada (RAC) stated that it supported the government’s intentions to have more stakeholders share responsibility for rail accidents involving dangerous goods such as crude oil, but expressed concern that these changes didn’t cover goods that could cause the most damage.

“We are pleased with the government’s efforts to ensure that victims are compensated,” said RAC President and CEO Michael Bourque in the release. “However, the regime can be improved by including other dangerous goods – such as chlorine – in the compensation fund right away.”

The RAC added that the Canadian rail sector had made efforts to improve safety, transparency and emergency preparedness since Lac-Mégantic, while working with governments and other relevant parties to develop new safety regulations.

The revised SMS Regulations are viewable online at http://www.gazette.gc.ca/rp-pr/p2/2015/2015-02-25/html/sor-dors26-eng.php.