Transport Canada's role in railway accidents
In the event of a rail accident, Transport Canada may send inspectors to the
accident site to determine if an investigation (under the Railway Safety Act)
is required. An investigation is undertaken if it is believed that any Transport
Canada safety regulations were broken and therefore contributed to or caused the
accident. The department may also conduct an investigation (under the Canada
Labour Code Part II) to determine whether violations of the Code may have
resulted in injuries to employees working on board trains.
Transport Canada representatives may visit the accident site with officials
from the affected railway and the responsible road authority to determine if any
changes are required at the crossing to prevent further accidents.
In the case of major accidents, the Minister of Transport can appoint a
Minister’s Observer.
The Observer’s role is to gather information about the accident, co-ordinate
activities to support the accident’s investigation, advise the Minister of any
regulatory responsibilities the department may have, and identify areas where
immediate improvements to safety can be made.
As part of its mandate to promote transportation safety, the Transportation
Safety Board (TSB) may choose to investigate the accident
and release a report. Transport Canada co-operates with the TSB in its
investigations by providing information and advice. When the TSB report is
released, Transport Canada takes appropriate action based on the report’s
findings and recommendations.
Other major players
Transportation Safety Board
The Transportation Safety Board
(TSB) promotes transportation safety through
independent investigations and, in some cases, public inquiries into rail, air
and marine accidents. These investigations and inquiries help the TSB to
determine why an accident happened, and how safety can be improved to help
prevent similar accidents.
The TSB also maintains an accident reporting system for all modes of
transportation. This information is used by the Board, and by Transport Canada,
to analyze and improve the safety of Canada’s transportation system.
Coroner
If a transportation accident involves fatalities, a representative of the
provincial or territorial coroner or a medical examiner is sent to the site. The
coroner’s responsibilities include conducting autopsies where necessary and
determining the cause of death. The coroner may decide to hold a coroner’s
inquest into the circumstances surrounding the deaths. This inquest is normally
held two to six months after the accident.
Police
The police, whether local, provincial or RCMP, are normally among the first
officials to arrive at the site. Their initial responsibilities are to ensure
the safety of persons and property at the site. They also secure the site,
document evidence, assist the coroner in his/her duties, and may act as the
coroner’s agent, especially in remote locations.
Others
On occasion, there may be other organizations present at accident sites. For
example, officials from Environment
Canada and their provincial counterparts may
be on hand to help determine the presence of or to contain any environmental
damage.
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