Notice - This pamphlet is currently being reviewed and will be modified pending upcoming modifications to the Compliance Policy.

Table of Contents:

• Roles and Responsibilities
• Authority
• General Activities
• Specific Powers
• Limitation of Powers
• Related Powers
• Revising, Revoking and Appealing Orders
• Penalties
• Need More Information?

Railway safety inspectors play an important role in overseeing safety in the Canadian rail transportation industry. This pamphlet is designed to be of assistance to those with whom inspectors come into contact on a daily basis.

ROLES AND RESPONSIBILITIES

Transport Canada

As the regulator, Transport Canada's mission is to further advance the safety and security of an efficient, accessible and sustainable rail transportation system through:

• awareness and education
• policies, legislation and standards
• monitoring and enforcement.

Railways, Road Authorities and Others

Under the RAILWAY SAFETY ACT (RSA), responsibility for safety lies with those who are subject to the Act. Railway companies must conform to the requirements of the Act, and related rules and regulations, in operating and maintaining their railways. Municipalities and road authorities have responsibilities for public safety at road crossings and some railway facilities. Adjacent landowners and the general public also have obligations, such as no trespassing on railway property.

Railway Safety Inspectors

The primary role of an inspector is to monitor railway safety, security and the environment. This extends to all aspects of railway operations, equipment, infrastructure and road crossings. In addition to these actions, inspectors are also involved in education, awareness and enforcement activities.

AUTHORITY

Inspectors are appointed under section 27 of the RSA. They carry identity cards, which must be produced on request.

Inspectors are certified in one or more areas of expertise. Some of the more common areas are:

• Railway Works: track, signal systems, crossings, bridges and engineering standards
• Railway Equipment: locomotives, rail cars
• Railway Operations: railway operating rules
• Security: security matters.

It should be noted that although also appointed under the RAILWAY SAFETY ACT, screening officers are not the same as inspectors. A screening officer's duties involve the observation, control, and search of people or goods to prevent the unauthorized possession or carriage of weapons or explosives on railway property.

GENERAL ACTIVITIES

An inspector's key compliance and safety activities involve:

• Monitoring: Inspectors ensure compliance through audits and inspections. They also investigate complaints and incidents.
• Enforcement: In the event of non-compliance, inspectors are also required to enforce legal obligations, which can result in the prosecution of corporations and individuals.
• Promotion: Inspectors routinely advise individuals and groups on legal and regulatory requirements. By promoting awareness of the requirements, these activities enhance safety and security.

Inspectors may be appointed to act as ministerial observers at accident investigations being conducted by the Transportation Safety Board. In this role, inspectors do not carry out any investigations of non-compliance under the Act.

Inspectors carry out duties with respect to other acts as well as the RSA. Some inspectors are dangerous goods inspectors, appointed under the TRANSPORTATION OF DANGEROUS Goods ACT (1992). Others may be safety officers, empowered to enforce Part 11 of the CANADA LABOUR CODE, regarding occupational safety and health for on-board train employees.

Inspectors are also guided by internal policies and procedures in carrying out compliance activities. These documents assist them in the proper use of their authority and in responding appropriately to instances of non-compliance and threats to safe rail operations.

SPECIFIC POWERS

Notices and Orders

Inspectors have the legal responsibility and authority to issue safety notices and orders restricting the operation of railway companies and others, should an unsafe situation be discovered. If the threat is immediate, the inspector may order that the works or equipment not be used, or may impose restrictions on use, until satisfied that the threat has been removed. As a result, inspectors can take direct action to intervene in railway company operations if the company or any of its employees fails to respond to the threat in a manner satisfactory to the inspector.

The inspector may restrict the use of a crossing by either road traffic, railway traffic or both. This can include the operator of a motor vehicle.

An inspector has the power to initiate whistling at a crossing if an immediate threat to safe railway operations is perceived to exist, even when a whistle ban is in effect.

Access to Documents

Inspectors can require anyone appearing to be in charge of facilities to produce any document for inspection or for the purpose of making copies or taking extracts. This covers documents such as memos, plans, procedures, rules, standards and instructions, whether in paper or electronic format. This authority ensures that inspectors can inspect railway works and equipment on a regular basis and carry out an investigation where there is reason to believe that an offence has been committed under the RSA.

Access to Property

Inspectors can enter and inspect railway property, seize potential evidence and question people to determine whether an offence has been committed. This includes rail traffic control offices and other railway facilities that may be located elsewhere than on the railway line.

Assisting Inspectors

Owners and those in charge of facilities that are being inspected are required to assist inspectors. They must:

• comply with reasonable requests
• not make any false or misleading statements
• not remove, alter or interfere with evidence
• not otherwise obstruct or hinder an inspector carrying out duties.

Some examples of a reasonable request are a request to accompany an inspector by hi-rail vehicle or on foot, to provide measurement devices and carry out measurements, or to protect inspectors as they carry out their duties (such as by using a blue-flag system).

LIMITATION OF POWERS

If a railway work or equipment complies with all specified standards and requirements, then an inspector cannot declare that a threat exists. However, this does not apply to railway operations, nor in cases where no standard or requirement exists.

An inspector cannot enter non-railway, private premises without the consent of the occupant or without a warrant, except in the case of an emergency and where it is impractical to obtain a warrant.

An inspector is exempt from being required to give evidence in a civil suit, except with the written permission of the Minister. This permission may be granted if it can be shown that the evidence may be in the interest of advancing railway safety.

An inspector is not personally liable for anything done in good faith while performing duties under the Act.

RELATED POWERS

The Act also provides for authorities which are not delegated to inspectors. However, these authorities may be used based upon the findings of an inspector. Ministerial Orders and Emergency Directives are two examples of these authorities.

MINISTERIAL ORDERS may be used to allow the Minister to order the removal or modification of any works which do not comply with the RSA.

Ministerial orders also apply to deficiencies in railway safety management systems.

EMERGENCY DIRECTIVES can be used to override regulations and rules where experience shows that these could result in an unsafe situation.

REVISING, REVOKING AND APPEALING ORDERS

An inspector can revise or revoke orders issued by another inspector if the latter is unable to act for some reason, such as retirement or illness.

Anyone may appeal an inspector's order to the Minister. The Minister must review the request and may alter or revoke any such order. Until the Minister has made a determination, the order still has effect and is to be complied with.

PENALTIES

Contravention of the provisions of the Railway Safety Act or any regulation, emergency directive, order, rule, security measure or other requirement made pursuant to the Act is an offence, and penalties may apply. Failure to comply with an order issued by an inspector falls under this category and is considered a serious offence.

In the case of a conviction on indictment, a corporation is liable to a maximum fine of $200,000, and an individual is liable to a maximum fine of $10,000 and/or imprisonment for up to one year. For a summary conviction, the maximum fine for a corporation is $100,000, and for an individual the maximum fine is $5,000 and/or imprisonment for up to six months.

NEED MORE INFORMATION?

Information may also be obtained from the following Transport Canada offices:

National Capital Region 

• Email: railsafety@tc.gc.ca 
• Phone: 1-888-267-7704 / 613-998-2985
• Fax: 613-990-7767
• Mailing Address:
  Transport Canada
  Rail Safety Branch
  Mailstop: ASR
  427 Laurier Street, 
  Ottawa, Ontario
  K1A 0N5

Other Regions: http://www.tc.gc.ca/rail/offices.htm