Revised rules will improve the safety of Canada’s railways

Credit: Transport Canada

In February 2016, following a series of derailments of trains carrying crude oil, Transport Canada approved the ‘Rules Respecting Key Trains and Key Routes’ (rules) under the Rail Safety Act. These rules introduced operational requirements that rail companies must follow, including speed restrictions for key trains, conducting more frequent track inspections and conducting risk assessments for key routes.

In 2019 and 2020, additional safety measures were introduced through Ministerial Orders to further strengthen rail safety for the movement of dangerous goods by rail. To make these additional safety measures permanent, on 1 April 2020, the Minister of Transport issued a Ministerial Order requiring railway companies to revise the ‘Rules Respecting Key Trains and Key Routes’ to ensure that the new safety measures that were introduced are reflected in the rules.

On 22 February 2021, revisions to the ‘Rules Respecting Key Trains and Key Routes’ included several changes which address risk factors for derailments caused by railway infrastructure. The revisions improve operational performance and update current railway practices by introducing new requirements that ensure an increased level of safety when the rail infrastructure is most vulnerable: during the winter season.

New definitions

The revised rules introduce a ‘higher risk key train’, which is defined as a key train carrying crude oil or liquefied petroleum gases in a continuous block of 20 or more tank cars or 35 or more cars dispersed throughout the train.

New requirements for a Winter Operational Risk Mitigation Plan

Research and field experience has demonstrated that railway tracks are more prone to failure in the winter months due to material behaviour at a lower temperature. The purpose of the Winter Operation Risk Mitigation Plan is to ensure that companies take additional measures, specific to each subdivision where higher risk key trains operate, to manage the specific risks to the integrity of the rail during colder periods.

The revised rules require that the Winter Operation Risk Mitigation Plan must:

• Be approved by a professional engineer
• Define a minimum number of rail flaw tests during the winter period
• Define criteria for additional visual inspections during the winter period
• Prescribe broken rail detection technology in non-signalled territory, and require immediate follow up when a broken rail is detected
• Be filed with Transport Canada to ensure that risks associated with winter weather are appropriately identified and addressed.

New speed restrictions

The revised rules impose further limits on operating speeds for key trains, which may not exceed 50mph when outside what Statistic Canada defines as a ‘census metropolitan area’ (CMA) and are limited to 35mph inside a CMA.   

The speed restrictions for higher risk key train are based on:

• Temperatures with a Winter Operation Risk Mitigation Plan
• Time of year (15 November to 14 March) without a Winter Operation Risk Mitigation Plan.

With a Winter Operational Plan, higher risk key trains are limited to between 40 and 50mph outside a CMA, and to between 25 and 30mph inside a CMA, depending on ambient temperature and whether trains are operating on signalled or non-signalled track. 

New procedures dealing with the safety of infrastructure on key routes

New requirements on enhanced track inspections require railway companies that operate key routes to ensure that a replacement rail is ultrasonically tested prior to trains operating over it. In the event that ultrasonic testing cannot be done, speed restrictions must be approved by a professional engineer and implemented over the replacement rail. Record keeping requirements for the testing and installation of the replacement rail must also be adhered to. 

Likewise, railway companies that operate key routes will be required to develop a continuous welded rail (CWR) joint management plan to ensure the optimal condition of CWR joints. The plan, subject to professional engineer approval, must include a joint maintenance and inspection schedule. Under this new requirement, railways must also provide an annual report to Transport Canada that details the number and location of temporary joints in CWR.

The amended ‘Rules Respecting Key Trains and Key Routes’ provide enhanced requirements relevant to important parameters affecting rail safety. The changes to the rules will come into force on 22 August 2021 and will impact federally regulated railway companies.

Making changes to the ‘Rules Respecting Key Trains and Key Routes’ is an example of the many steps that Transport Canada continues to take to strengthen rail safety and to prevent derailment and accidents resulting from infrastructure failure. Transport Canada remains committed to safeguarding all of the Canadians who live and work along rail lines by putting in place the necessary measures to reduce the risk of accidents.