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NATIONAL TRANSPORTATION ACTRAILWAY ACTRailway Employee Qualification Standards RegulationsSOR/87-150
REGULATIONS RESPECTING THE MINIMUM QUALIFICATION STANDARDS FOR LOCOMOTIVE ENGINEERS, TRANSFER HOSTLERS, CONDUCTORS AND YARD FOREMEN Short Title1. These Regulations may be cited as the Railway Employee Qualification Standards Regulations. Interpretation2. In these Regulations, "candidate" (candidat) "candidate" means an employee who is required to undergo examination and on-job training in accordance with these Regulations in order to be qualified for an occupational category, but does not include an employee who undergoes re-examination;
"certificate" (certificat) "certificate" means a document issued by a railway company pursuant to subsection 13(2) and identifying the employee to whom it has been issued and the occupational category for which the employee is qualified;
"classroom training instructor" (moniteur de formation théorique) "classroom training instructor" means a person qualified under these Regulations to give classroom instruction;
"Commission" (Commission) "Commission" means the Canadian Transport Commission;
"Committee" (Comité) "Committee" means the Railway Transport Committee of the Commission;
"examiner" (examinateur) "examiner" means an employee or officer of a railway company who is qualified under these Regulations to examine employees;
"occupational category" (catégorie d'emploi) "occupational category" means the occupational category of locomotive engineer, transfer hostler, conductor or yard foreman;
"on-job training" (formation en cours d'emploi) "on-job training" means instruction provided to an employee by a railway company in the work environment appropriate to the employee's occupational category;
"on-job training instructor" (moniteur de formation en cours d'emploi) "on-job training instructor" means an employee or officer of a railway company who is qualified under these Regulations to instruct employees;
"required subject" (sujet requis) "required subject", in respect of an occupational category, means a subject required by subsection 14(1) in order to qualify for the category;
"transfer hostler" (mécanicien de manoeuvre) "transfer hostler" means an employee who is assigned to move motive power units over yard tracks and main tracks between the locations where the units are maintained and repaired and the locations where the units are put into or removed from train or yard services. Application3. (1) Subject to subsection (2), these Regulations apply to all railway companies operating in Canada under the jurisdiction of the Commission. (2) The requirements of these Regulations, except in so far as they involve the subject of Regulations No. O-8, Uniform Code of Operating Rules, do not apply in respect of a railroad crew that originates from a home terminal in the United States and enters Canada to reach a terminal or turnaround point that is within 24 km (15 miles) of the boundary between Canada and the United States. General4. A railway company shall provide employee training necessary for the purposes of these Regulations. 5. (1) No railway company shall permit any employee to work as a locomotive engineer, transfer hostler, conductor, or yard foreman unless the employee
(2) Subsection (1) comes into force on July 1, 1990. 6. A railway company shall provide to its locomotive engineer candidates and transfer hostler candidates sufficient on-job training in respect of the required subjects to enable them to demonstrate to instructors and examiners that they are competent to perform their required duties. 7. No examiner shall issue a passing mark for on-job training to a locomotive engineer candidate or transfer hostler candidate unless the examiner
8. An examiner shall determine the overall mark for a candidate based on written or oral classroom examinations, or both, dealing with the required subjects. 9. An employee undergoing on-job training in order to qualify as a locomotive engineer or transfer hostler may perform the duties of the occupational category for which he is a candidate under the direction of an on-job training instructor for the duration of the employee's training period. 10. (1) A railway company shall, at intervals of not more than three years, have each employee in an occupational category re-examined on the required subjects. (2) The overall pass mark for re-examination is 80 per cent. 11. An employee who is transferred from one occupational category to another shall
12. (1) Within 90 days after the coming into force of these Regulations, a railway company shall file with the Committee two copies of each type of classroom examination and two copies of a detailed description of each method of assessing on-job competence used by the company. (2) A railway company shall notify the Committee of a change to a type of classroom examination format or method of assessing on-job competence within 90 days after implementing the change. 13. (1) During the period of employment of each employee examined in accordance with these Regulations, a railway company shall maintain an examination record for the employee. (2) A railway company shall issue a certificate in the form of a wallet-sized card to each employee who has qualified for the employee's occupational category. (3) An employee who receives a certificate shall carry it on his person while on duty and shall produce the certificate when requested to do so by an officer of the railway company that employs him or by an officer of the Commission. Qualification Standards for Candidates14. (1) The subjects required for a person to qualify for an occupational category are the subjects listed in those items of the schedule marked with an "X" under the heading that corresponds to the occupational category, excluding those subjects or portions of subjects dealing with equipment that is not used by the railway company that employs the person. (2) No railway company shall qualify a person for an occupational category unless the person obtains an overall mark of at least 80 per cent in the required subjects. Qualification Standards for On-Job Training Instructors15. No railway company shall qualify a person as an on-job training instructor for the occupational category of locomotive engineer unless the person
16. No railway company shall qualify a person as an on-job training instructor for the occupational category of transfer hostler unless the person
Qualification Standards for Classroom Training Instructors17. No railway company shall qualify as a classroom training instructor for a required subject a person who has not obtained a mark of at least 90 per cent in a written examination on that subject. Qualification Standards for Examiners18. An employee or officer of a railway company who is an on-job training instructor or a classroom training instructor is qualified to act as an examiner on the subjects on which the employee or officer is qualified to give instruction. Training Programs and Consultation19. (1) A railway company shall establish employee training programs for each occupational category. (2) A railway company shall establish and modify its employee training programs in consultation with the trade unions representing its employees in the occupational categories. (3) Within 90 days after the coming into force of these Regulations, a railway company shall file with the Committee a description of all employee training programs relating to each occupational category. (4) Within 90 days after any change is made to an employee training program required by subsection (1), a railway company shall file with the Committee a description of the change. Reporting20. (1) For each calendar year a railway company shall submit to the Committee, not later than March 31 of the following year, a comprehensive report on its employee training programs. (2) A report referred to in subsection (1) shall specify
SCHEDULE(Section 14)
Established bySOR/87-150 16 March, 1987 pursuant to section 46 of the National Transportation Act and section 227 of the Railway Act. |
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