PREAMBLE:  The following draft Terms of Reference was proposed for discussion, revision at the inaugural session of the RSCC.

1. Authority & Mandate

2. Objectives

3. Scope

4. Membership

5. Structure, Roles & Responsibilities

6. Frequency of Meetings

7. Process

8. Administrative Arrangements

I. AUTHORITY & MANDATE:

The Railway Safety Consultative Committee (RSCC) is established under the authority of the Minister of Transport (the Minister) to provide a forum for open communications with stakeholders on railway safety and environmental issues .

II. OBJECTIVES:

The objectives of the RSCC are:

1. to provide the Minister, the Department and the Transport Canada (TC) Rail Safety business line with stakeholder input to decisions on railway safety/environmental issues, including decisions with regard to the issuance of new regulations, revisions or revocations of existing regulations, and identification of alternatives to regulations for improving railway safety in Canada;

2. to dialogue on railway safety issues and possible courses of action and to address those issues with a view to improving railway safety in Canada.

III. SCOPE:

RSCC consultations shall primarily be focused on issues related to railway safety and the environment that fall within the purview of the Railway Safety Act. The committee may also consider on occasion safety issues that affect rail transportation that are within the purview of other regulatory regimes. Consultation for the purposes of the RSCC is understood to mean open, active, direct, two-way communication that will afford RSCC members the opportunity to develop a broader understanding of railway safety issues. Such consultation will provide the Minister, the Department, the TC Rail Safety business line and the industry with the benefit of diverse perspectives and consequently, will provide for better informed decisions on issues of railway safety and the environment.

IV. MEMBERSHIP:

Membership in the RSCC shall be open to any person or group with a recognized interest in railway safety and who wish to participate. Every railway company, relevant association or organization, and group with a recognized interest in railway safety, shall be invited to nominate one member and onean alternate to represent them on the committee.

V. STRUCTURE, ROLES & RESPONSIBILITIES:

A.   A representative of the Minister shall chair the RSCC. The chair shall be be responsible for convening meetings of the RSCC, for conducting those meetings, for establishing working groups and for overseeing the function of the committee as a whole.

B.  The chair shall be assisted by an executive secretary who shall be responsible for ensuring the appropriate handling of information, documentation, correspondence and reports related to the business of the RSCC and its working groups.

C. An executive committee shall be established for the purpose of:

1. reviewing and prioritizing railway safety issues that have been submitted for discussion in plenary;
2. reviewing reports prepared by working groups and forwarding those reports to the plenary;
3. Reviewing the progress of working groups and authorizing interim adjustments to their terms of reference, membership etc. and reporting such changes to the plenary; and
4. establishing the RSCC agenda.

The executive committee shall as a minimum include:

1. the chair of the RSCC who will chair meetings of the executive committee;
2. a RSCC member and one alternate nominated to represent the railway companies;
3. a RSCC member and one alternate nominated to represent the railway labour organizations or associations;
4. a RSCC member and one alternate nominated to represent the public; and
5. a RSCC member and one alternate nominated to represent other levels of government
6. a RSCC member nominated to represent the TC Rail Safety business line
7. the Executive Secretary of the RSCC
8. a RSCC member and one alternate nominated to represent the Environmental Community

9. *Each member of the Committee with the exception of the chair and the executive secretary will serve a term of 2 years on the Committee. Each member of the Committee with the exception of the chair and the executive secretary will serve a term of 2 years on the Committee.

D. RSCC members shall be responsible for:

1. submitting railway safety/environment issues to the executive committee for discussion in plenary.
   
2. bringing their particular expertise and informed opinions to the discussions of the RSCC in the interest of railway safety.
   

3. as applicable, providing a communications link between the RSCC and their respective companies, groups, associations or organizations.
   

4. reviewing working group reports.

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 shall include subject matter experts (not limited to RSCC members) who have been nominated by their respective groups to represent the railway companies, the railway labour 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.

A. The RSCC shall meet in plenary at a minimum twice per year:

1. to discuss the railway safety regulatory oversight plan of the TC Rail Safety business line for the coming months, including but not limited to anticipated activity related to regulation-making;

2. to provide a forum for the industry to present their strategic direction plans for the coming months as they relate to railway safety, including but not limited to anticipated activity related to rule-making;

3. to identify emerging railway safety/environmental issues that may require regulations, rules, standards or guidelines or revisions to same and to discuss possible courses of action; and

4. to provide status reports on the ongoing business of the RSCC and its working groups.

B. Interim meetings of the RSCC may be convened by the RSCC chair as deemed necessary.

C. The RSCC executive committee shall meet as necessary but, at a minimum, twice per year, usually 1 month in advance of the bi-annual plenary sessions:

1. to review the status of ongoing business of the RSCC and its working groups;
2. to review and prioritize new railway safety/environmental issues for
       consideration by the RSCC;
3. to review reports received from working groups;
4. to set the agenda for the bi-annual meeting.

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

VII. PROCESS:

A. RSCC members or other persons wishing to address the RSCC on a railway safety or environmental issue, or to raise a railway safety/environmental issue to the RSCC for discussion, shall submit a written proposal, outlining the issue, to the executive committee, one month prior to the date fixed for the next meeting of the executive committee.

B. The executive committee shall consider the proposals received and prioritize them for inclusion on the agenda of the next RSCC plenary session.

C. Railway safety/environmental issues identified as agenda ititems shall be discussed in plenary. The discussions shall include consideration of:

1. the issue as outlined in the submission to the executive committee;
2. whether action is currently being taken by the industry and/or the regulator to address the issue;
3. whether new or additional action is warranted on the part of the industry and/or the regulator.
4. whether the RSCC requires additional information on the issue.
5. where action is warranted on the part of industry or the regulator this advice will be provided to the department

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:

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 progress the proposed regulation or amendment through the regulatory process.

VIII. ADMINISTRATIVE ARRANGEMENTS:

A. Meetings of the RSCC shall be held at a reasonable place and time and with reasonable advance notice.

B. Secretariat support services for the RSCC and its working groups shall be provided by TC and shall include:

1. providing a central communications point for the RSCC, its executive committee, working groups and members in both official languages.
2. producing and distributing agendas for meetings, including supporting documentation;
3. taking, transcribing and distributing minutes of meetings, including records of decision;
4. ensuring appropriate distribution of reports;
5. maintaining official records of RSCC activities;
6. arranging meeting facilities;
7. arranging translation services;
8. maintaining current lists of RSCC members and railway safety stakeholders; and
9. updating the Privy Council Office (PCO) O federal consultation database and the TC web site regarding the consultative activities of the RSCC.