Transport Canada's role in railway accidents

In the event of a serious rail accident, Transport Canada may decide to send Railway Safety Inspectors to the accident site to verify compliance with rules and regulations under the Railway Safety Act, however, the Transportation Safety Board (TSB), as part of its mandate under the Canadian Accident Transportation Investigation and Safety Board Act, investigates for cause and contributing factors.

If Railway Safety Inspectors find regulatory non-compliances on the accident site, they take appropriate action pursuant to their powers under the Railway Safety Act. In cases where railway employees have been injured, or have died as a result of the accident, railway safety inspectors conduct an investigation under the Canada Labour Code, Part II to determine whether there were any violations. .

Once informed of an investigation being conducted by the TSB, the Minister of Transport may appoint a Minister's Observer to attend the investigation under the Canadian Transportation Accident Investigation and Safety Board Act. The purpose of the Minister's Observer Program is to obtain timely information relevant to the Minister's responsibilities for safety, and to contribute to the identification of hazards revealed by investigations into civil aviation, marine and rail occurrences. The Observer's role is to obtain factual information from the investigation, advise the department of any significant regulatory factors, identify deficiencies that require immediate corrective actions and coordinate the required support to the investigation.

In the case of major accidents and in accordance with subsection 23(2)(b) of the Canadian Transportation Accident Investigation and Safety Board Act (CTAISB Act), the Minister of Transport may appoint a Minister’s Observer to attend an investigation being conducted by the Transportation Safety Board. The purpose of the Minister's Observer Program is to obtain timely information relevant to the Minister's responsibilities for safety and to contribute to the identification and evaluation of hazards revealed by investigations into aviation, rail, and marine occurrences. The Observer's role is to obtain factual information from an ongoing investigation, advise the Department of any significant regulatory factors, identify deficiencies that require immediate corrective actions and coordinate the required support to an occurrence investigation.

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

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.

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.

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.

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.