No. H 029/07
For release February 20, 2007

MINISTER CANNON ANNOUNCES PANEL TO CONDUCT
REVIEW OF THE RAILWAY SAFETY ACT

OTTAWA -- Canada's New Government announced today that an advisory panel has been appointed to conduct a review of the Railway Safety Act. The Honourable Lawrence Cannon, Minister of Transport, Infrastructure and Communities announced the appointments of the Honourable Doug Lewis, who will serve as chair, and Mr. Pierre-André Côté, Mr. Martin Lacombe, and Mr. Gary Moser, who will serve as panel members.

"Our number one objective is to increase the safety of Canada's railway system," said Minister Cannon. "I am pleased that these experienced people have agreed to take on this important responsibility and I look forward to the panel's report and recommendations."

The purpose of the Railway Safety Act review is to further improve rail safety in Canada and promote a safety culture within the railway industry, while preserving and strengthening the vital role this industry plays in the Canadian economy. Canada last conducted an independent review of the Act in 1994, and amended it in 1999. The work of the panel will help identify possible gaps in current powers within the Act and modernize the regulatory framework, ensuring that safety is preserved and improved. The panel will also provide recommendations on any improvements to railway safety in Canada that may be identified during the course of the review.

The Railway Safety Act and its associated rules, regulations and standards, was first passed in 1989 as a regulatory framework addressing rail safety, security and some of the environmental impacts of rail operations in Canada. Several developments have occurred since the Act was passed, including an increase in the number of federally regulated railway companies, growth in rail traffic, changes in railway industry practices, and recent increases in accident rates on Canada's railways.

Since mid-2005, Transport Canada has taken significant safety enforcement action in B.C. and across Canada, to address the increase in derailments, including issuing Notices and Orders, increasing physical inspections and performing audits of railway safety management practices.

"While industry-wide accidents have decreased by 9 per cent and main-track derailments are down 30 per cent since 2005, more needs to be done. That is why we are now undertaking an extensive review of the Act," added Minister Cannon.

The panel will review the operations and overall efficiency of the Act, and will address specific issues including:

• enforcement powers with respect to administrative monetary penalties;
• baseline safety requirements, ensuring that new rail companies are willing and able to meet minimum safety requirements before starting operations in Canada;
• consistency of rule application;
• delegated powers to railway safety inspectors;
• defining engineering requirements; and
• establishing a complete legislative authority that applies to all railway companies within Canada's constitutional authority.

The panel will consult a wide range of stakeholders, including the public, railway companies and their industry associations, railway company employees and their unions, railway customers (e.g., travellers and shippers) and their associations, the provinces and territories, municipalities, aboriginal and environmental groups, and federal government departments and agencies. Individuals and groups will be invited to present their views at meetings across Canada.

A website has been set up to inform those who wish to make submissions, to provide information about the review and consultations, and to receive input from the public at www.tc.gc.ca/tcss/RSA_Review-Examen_LSF/main.htm.

The Minister has asked the panel to submit its report by October 2007.

The terms of reference for the advisory panel are available at
www.tc.gc.ca/tcss/RSA_Review-Examen_LSF/main.htm

A backgrounder with biographies of members of the Railway Safety Act review panel is attached.

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Backgrounder

RAILWAY SAFETY ACT REVIEW PANEL MEMBERS

The Honourable Doug Lewis (Chair) served as the Member of Parliament for Simcoe North from 1979 to 1993. During that time he served as Attorney General of Canada and Minister of Justice, Government House Leader, Minister of Transport and Solicitor General. Mr. Lewis currently practices law in Orillia, Ontario.

Mr. Pierre-André Côté holds a bachelor in law from the University of Montreal and a post-graduate diploma in public law from the Université de Toulouse. He has authored numerous articles and a major treatise on the interpretation of statutes. Mr. Côté is with the firm of Bélanger Sauvé de Montréal. His fields of expertise include administrative law, judicial review of government actions, and civil rights and freedoms.

Mr. Martin Lacombe worked as a professional executive, manager, policy developer and leader in the railway industry for over 40 years. As well as working with VIA Rail, the Canadian Transport Commission and the Railway Association of Canada, Mr. Lacombe has worked in the railway industry in Australia and the United States.

Mr. Gary Moser is a recently retired chief executive officer of the Health Employers Association of British Columbia. He was previously a Deputy Minister in the Provincial Government of British Columbia. He currently has a private consulting practice focusing on labour relations.

February 2007