Introduction

This document is a reference tool for those who will set up or participate in the working groups (WG).

It provides information on the organization and operations of WG.

The first part is made up of excerpts from the “Terms of reference - Railway Safety Consultative Committee” concerning WG.

Part 1 - Excerpts from the “Terms of reference - RSCC”

Chapter V - Structure, Roles & Responsibilities:

D. The RSCC chair, acting on the advice of the committee, may establish a working group to facilitate thorough consideration of a particular railway safety/environmental issue. Consideration of a proposal for a working group shall include the proposed mandate, timelines, funding and personnel requirements to undertake the work.

E. Working groups shall be established by, and at the discretion of the RSCC chair to study and report on specific railway safety issues that have been discussed in plenary. At the time they are established, working groups shall be given clear mandates and timelines.

Working groups shall be chaired by TC Rail Safety Directors, or their designates. Such groups should include subject matter experts (not limited to RSCC members) who have been nominated by their respective groups to represent the railway companies, the railway labor associations or organizations, the TC Rail Safety business line and other groups, such as legal counsel and financial experts, if deemed appropriate or necessary by the chair of the working group.

The chair of a working group shall provide the RSCC Executive Committee with regular reports on the progress of the working group. Members of the working group shall likewise provide the groups they have been nominated to represent with regular progress reports.

F. A facilitator may assist at meetings of the RSCC and its working groups to provide advice to the chair on consultative and regulatory processes.

Chapter VII. Process

D. Working groups shall meet as necessary to fulfill their mandate.

E. Working groups shall:

1. Characterize the railway safety/environment issue to which they have been assigned in terms of, but not limited to: background, current situation and scope.
2. Identify options for addressing the issue.
3. Analyze the costs and qualitative or quantitative benefits associated with the identified options.
4. Rank the options based on the above-noted analysis.
5. Prepare a report to include the information developed in 1 through 4 above, noting any points of contention.
6. Submit the report to the Executive Committee for consideration by plenary.

F. The Executive Committee shall review the report of the working group and to facilitate their review may request additional information or clarification from the working group. The Executive Committee shall forward the report of the working group to the plenary. Following consideration of the report it will be forwarded to the Department.

G. The Department shall consider the report from the RSCC, decide the disposition of the issue and advise the RSCC accordingly.

H. The Department may decide to:

1. handle the issue using the regular procedures and protocols available within the Department;
2. refer the issue back to the RSCC giving direction on how it is to be progressed;
3. refer the issue to the industry for handling; or
4. hold the issue in abeyance.

I. If the decision of the Department is in favor of a rule-making (or rule revision), or if the railway industry proposes to make a rule the railway(s) may engage the RSCC in the process.

J. If the decision is to develop new, or to amend existing regulations using the RSCC, a working group shall normally be established to input to the regulatory process by assisting the Department in:

1. The development of the drafting instructions and a statement of the regulation objectives.
2. The drafting of the regulatory impact analysis statement.
3. The review and resolution of consultation comments.
4. The review of legal drafting.

K. The chair of the working group shall provide the necessary link between the working group and the Department in order to bring the proposed regulation or amendment through the regulatory process.

The WG chair shall provide the Executive Committee with regular reports on the progress of the WG.

PART II - ADDITIONAL INFORMATION

WG Priorities

WGs are set up in response to needs expressed by the Director General, TC Railway Safety, and railway stakeholders. The terms of reference and priorities of WGs are agreed with the members of the EC.

The work of WGs shall focus mainly on matters relating to railway safety regulation and the environment. WGs may also, however, deal with railway safety rules, as determined by TC priorities. The terms of reference will be submitted to the EC.

Length of WG Mandates

The WG chair shall agree on the length of the mandate of the WG with the members of the WG. Any extension to the mandate of a WG must be approved by the EC Chair.

Support for WGs

WG chairs shall be assisted by the Executive Secretary of the EC who shall be responsible for coordinating the work and advising the chairs of WGs on the methods, tools and operation of the WG. The Executive Secretary provides the necessary links between WGs, the EC and the RSCC.

Organization of WGs

WGs shall be organized by the WG chairs, who shall see to the organization of the WG, the holding of meetings and reports.

WG Expenses

TC will bear the costs associated with meetings. The costs associated with salaries, hotel expenses and travel expenses, however, shall be the responsibility of the participants.

The expenses for the studies or researches required by a WG shall be authorized by the EC Chair.

Consensus

The consensus process applies to all those associated with RSCC activities: RSCC, Executive Committee and Working Groups.

The RSCC and all associated committees are created to provide a forum in which TC and railway safety stakeholders can openly discuss railway safety issues. They allow the sharing of experience and stakeholder participation in the government decision-making process for enhancing railway safety in Canada. Consensus-building is an important element in TC relations with its partners.

Description of Consensus

A. Intrinsic to the RSCC’s objective of assessing and recommending potential regulatory changes through cooperative activities is the concept of achieving results through consensus-building.

B. Consensus is a broad agreement among all parties. A consensus is achieved when all members accept the group’s decision.

C. Accordingly, RSCC members strive to achieve consensus on issues submitted for consultation.

D. The RSCC is set up to allow transparency in consultation. The RSCC is not a voting body.

E. Members may, however, register a dissenting opinion.

Dissenting opinion

1. Although agreement has been reached during discussions, any outstanding objection by an RSCC member will be considered.
2. Should members so request immediately following agreement, their objections may also be formally added to the record as a dissent.
3. For a dissenting opinion to be recorded, it must be stated orally immediately following the decision. Should members wish to reserve the right to file a written dissent, they must so inform the meeting immediately after the decision is taken.
4. Members who inform a meeting that they reserve the right to file a written dissent have 15 working days from the date that the draft majority decision is circulated, to file their dissent with the Chair.
5. The Railway Safety Directorate will review the dissent and decide on the course of action to be taken.
6. The Chair will, if necessary, ensure that all members are advised of the action taken by the Railway Safety Directorate on the dissent.
7. A written response will be provided to a written dissenting opinion. The response will contain a summary of the course of action adopted by the Railway Safety Directorate.