New Brunswick Department of Transportation Submission to the Railway Safety Act Review Panel

Transcription

1 New Brunswick Department of Transportation Submission to the Railway Safety Act Review Panel July 16, 2007 Moncton, New Brunswick Check Against Delivery

2 Table of Contents Introduction A Background of Railway Operations in New Brunswick Infrastructure Legislation Railway Safety in New Brunswick Issues Funding Shortline Crossing Improvement Grade Separations Operation Lifesaver & Direction Legislation RTD Regulatory Input New Brunswick Recommendations.. 14 Increase of Funding Levels Expansion of Eligibility Criteria Restoration of Funding Modification of RTD Provincial Input at the Rail Safety Consultative Committee Increase of Funding for Operation Lifesaver 16 Continuation of Direction Coordination of Statistical Analysis & Inclusion of Provincial Data

3 Table of Contents Appendix A The New Brunswick Shortline Railways Act Appendix B The New Brunswick Shortline Railways Act Regulation Appendix C The Railway Safety Act and New Brunswick 27 Appendix D - Railway Companies Operating in New Brunswick. 29 Appendix E New Brunswick Railway Map

4 Introduction This report was prepared by the New Brunswick Department of Transportation for submission to the Railway Safety Act Review Panel. The Department appreciates the opportunity to provide comments. Both federally and provincially regulated railways operate within the province of New Brunswick. The New Brunswick Shortline Railways Act (Appendix A ) governs the operation of provincially regulated railways and has adopted a number of rules, regulations, standards and procedures from the federal regime (Appendix B ). Therefore, it is particularly important to coordinate federal and provincial legislation. The Railway Safety Act applies to CN Rail and consequently all highway/railway crossings on CN Rail lines (Appendix C ). The Department has contracted the services of Transport Canada to perform safety oversight for provincial shortline railways since The Department of Transportation s primary concerns for presentation to the Railway Safety Act Review Panel are as follows: Inadequate funding levels under Section 12 of the Railway Safety Act. Lack of funding under Sections 13 & 14 of the Railway Safety Act. Limitations of eligibility criteria under Sections 12, 13 & 14 of the Railway Safety Act to apply to all railways, including those under provincial jurisdiction. Increased opportunity to be involved in changes to the Railway Safety Act and rules, regulations, standards and procedures which may impact rail operations in the province and provincial legislation. 3

5 A Background of Railway Operations in New Brunswick Infrastructure In 1987, there were 1342 miles of track operated in New Brunswick by Canada s two Class I railways, Canadian National Railway (CN) and Canadian Pacific Railway (CP). In 2007 there are 9 railways operating in New Brunswick and approximately 812 miles of active track. Federally regulated railways operating in New Brunswick include CN Rail, VIA Rail, Le Chemin de Fer de la Matapépedia et du Golfe, the Van Buren Bridge Company, Eastern Maine Railway and the Maine Central Railroad. Provincially regulated railways include the New Brunswick Southern and New Brunswick East Coast Railway. The Salem & Hillsborough Railroad, a small tourist railway, has not operated in several years, but still has an active operating agreement with the Province. Approximately 438 miles of track are operated by CN and the remaining 374 miles are operated by shortline railways. VIA Rail operates over both CN and shortline track. See Appendix D for a comprehensive listing of railways operating in New Brunswick and Appendix E for a railway map. There are 596 public level crossings in New Brunswick under provincial, municipal or other jurisdictions and approximately 450 private and farm crossings. In New Brunswick s two largest cities, Moncton and Saint John, there are 59 and 66 crossings respectively. There are a total of 99 grade separations in the province. Current mainline rail traffic includes movements per day on the CN line through central New Brunswick plus 2 movements per day between Moncton and Saint John. New Brunswick Southern, New Brunswick East Coast, the Van Buren Bridge Company, Maine Central Railroad, Le Chemin de Fer de la Matapépedia et du Golfe, and Eastern Maine Railway each account for 2 movements per day, 6 or 7 days per week, on their respective lines. VIA Rail operates 6 days per week excluding Tuesdays. In addition there is a significant level of local switching which takes place in rail centres throughout the province. An Atlantic Gateway Federal/Provincial Officials Committee has been established comprised of officials from the four Atlantic Provinces, Transport Canada and the Atlantic Canada Opportunities Agency to coordinate the development of a regional Atlantic Gateway Strategy. This committee serves as the primary forum for collaboration between federal and provincial governments on the Atlantic Gateway and it is co-chaired by the New Brunswick Department of Transportation and ACOA. With the development of the Atlantic Gateway, New Brunswick will experience a significant increase in rail traffic. 4

6 Federal Legislation As mentioned in the Introduction, the Federal Railway Safety Act applies to CN Rail and consequently all highway/railway crossings on CN Rail lines. The primary sections of the Railway Safety Act which apply to activities conducted by the Department of Transportation are as follows: Section 7.1 Regulations Section 8 Notice of certain proposed railway works Section 10 Railway works for which Ministerial approval required Section 11 Engineering work Sections 12 & 13 Grants for construction Section 14 Grants for programs, studies, projects and works Section 31 Inspector may forbid or restrict use of unsafe works or equipment Section 32 Orders concerning unauthorized or improperly maintained works Section 40 Inquiry For details on these sections of the Act, see Appendix C. 5

7 Provincial Legislation The Province has adopted the following federal Rules, Regulations, Standards and Procedures under the New Brunswick Shortline Railways Act as its Regulation (Appendix B ): 1 Railway Works Filing of Affidavits Regulations under the Railway Safety Act (Canada) 2 Notice of Railway Works Regulations under the Railway Safety Act (Canada) 3 Railway-Highway Crossing at Grade Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 4 Railway Prevention of Electric Sparks Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 5 Highway Crossings Protective Devices Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under subsection 22(1), the tests shall be made once a week instead of once a day 6 Standards Respecting Pipeline Crossings Under Railways TC E-10, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 7 Wire Crossings and Proximities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under subsection 7(1), emergency notice is not required to be given by telegram 8 Repealed: 9 Railway Signal and Traffic Control Systems Standards TC E-07.01, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 10 Railway Rules Governing Safety Critical Positions TC O-17A, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 6

8 10.1 Railway Medical Rules for Positions Critical to Safe Railway Operations TC O-17B, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 11 Railway Employee Radio Communication Rule TC O-09, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 12 Service Equipment Cars Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 13 Railway Employee Qualification Standards Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 14 Railway Safety Appliance Standards Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except sections 507, 508 and Locomotive Lights and Lamps Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except section 9 16 Railway Locomotive Inspection and Safety Rules TC O-13, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 17 Rules for the Control and Prevention of Fires on Railway Rights-of-Way TC E- 06, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 18 Liquefied Petroleum Gases Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 19 Flammable Liquids Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 20 Anhydrous Ammonia Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 21 Chlorine Tank Car Unloading Facilities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 7

9 22 Ammonium Nitrate Storage Facilities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 23 Repealed: 24 Railway Engine Bell and Whistle Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under section 8, an electric bell may be substituted for a bell of at least 30 pounds weight 25 Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Locomotives) TC O-010, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 26 Railway Locomotive Inspection and Safety Rules TC O-13, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 27 Railway Track Safety Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time Standard Respecting Railway Clearances, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 29 Canadian Rail Operating Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Approval of Rule TC O-05 dated July 12, 1993 and as otherwise amended from time to time 30 Repealed: 31 Railway Freight Car Inspection and Safety Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Amendment Notice TC O-06.1 dated October 25, 1994 and as otherwise amended from time to time 8

10 32 Work/Rest Rules for Rail Operating Employees, Rule of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time Train Brake Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Amendment Notice TC O-07.1 dated October 25, 1994 and as otherwise amended from time to time 34 Marshalling of Occupied Cabooses, Order R dated May 17, 1972 under the Railway Act (Canada), rescinded in part by Order R dated June 26, 1987 under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) and as otherwise amended from time to time 35 Reset Safety Control System, Order R dated April 10, 1987, Order R dated July 31, 1987 and Order R dated July 31, 1987 under the Railway Act (Canada), as amended from time to time, except that from the commencement of this schedule until June 30, 1995, inclusive, locomotives may carry a crew of two instead of being equipped with an approved operating safety control system 36 Rules for the Protection of Track Units and Track Work, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 37 Order R dated January 29, 1982, of the Railway Transport Committee to Canadian Pacific Limited, as amended by Order R dated March 13, 1984, and by Order R dated September 14, 1987, both of that Committee, and as otherwise amended from time to time 95-48; 38 Railway Safety Management System Regulations under the Railway Safety Act (Canada) 39 Railway Passenger Handling Safety Rules TC O-16, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 40 Railway Passenger Car Inspection and Safety Rules TC O-12.1, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 9

11 41 On Board Trains Occupational Safety and Health Regulations under the Canada Labour Code (Canada) Changes to these rules, regulations, standards and procedures could have an impact on provincial rail operations. It is important that communication of any changes takes place well in advance of the change and that a forum be provided for consultation prior to a change. Railway Safety in New Brunswick The Department of Transportation is actively involved in both provincial and federal rail safety initiatives and works closely with railways under provincial and federal jurisdiction to carry out safety enhancements. The Department of Transportation has contracted the services of Transport Canada since 1995 to perform safety oversight for the provincial shortline railways. The Department is an active member of the Policy and Planning Support Committee (PPSC) Shortline Task Force and has been active on the Railway Safety Consultative Committee (RSCC) to the extent that provincial involvement is currently possible. The Department hopes to take a more active role in the newly revived RSCC which did not meet for a four year period between 2001 and The Department is actively involved with both the provincial and national Operation Lifesaver (OL) programs. The Department of Transportation has chaired the provincial OL Steering Committee and is an active participant on the national OL Program Review Committee. A Department representative sat on the Direction 2006 Education Key Result Area (KRA) for the duration of the program. In addition, the Department of Transportation, in partnership with Transport Canada s Transportation Development Center, retained the services of the University of New Brunswick s Transportation Group to carry out two significant Intelligent Transportation Systems projects: 10

12 1) A LOW COST RAIL WARNING SYSTEM FOR PRIVATE AND FARM ROAD CROSSINGS Initial funding was provided under Transport Canada s Strategic Highway Infrastructure Program (SHIP). Funding was extended through a contribution from the Transportation Development Center. Installation and testing were carried out on NB Southern Railway track. The purpose was to evaluate the system for suitability to the Canadian climate in situations where a full crossing warning system was either cost prohibitive or not feasible due to location and/or other factors. 2) REMOTE TRACK SWITCH POSITION INDICATION SYSTEM Initial funding was provided under Transport Canada s Strategic Highway Infrastructure Program (SHIP). Funding was extended through a contribution from the Transportation Development Center. Installation and testing were carried out on NB Southern Railway track. The purpose was to evaluate the effectiveness of a low-cost system which would identify switch position in unsignalized territory. Both projects have been completed and the results are being shared with members of the PPSC Shortline Taskforce. These projects involved research and testing of new technologies or applications that could be a benefit to safe railway operations. It is imperative that as new technologies are tested and proven that they be approved by the federal and provincial governments and incorporated into railway operations. It is also imperative that the approval process be completed in a timely manner. 11

13 Issues Infrastructure Shortline Funding Shortline railways in New Brunswick which fall under provincial jurisdiction maintain their own track and structures, in addition to purchasing and maintaining locomotive fleets. They do not have access to federal railway grade crossing improvement funding programs although VIA Rail, which is federally regulated, operates over some of these lines. One area in which shortlines typically experience difficulty is in capital funding. While many shortlines are able to maintain day-to-day operations and remain viable, most lack the ability to undertake major capital projects as a consequence of their relatively small size. Because of the considerable cost of upgrading railway tracks and structures, a 286,000 lb. capacity is out of reach for many shortlines without a capital funding program. In order to continue interchanging traffic with national carriers it is imperative that shortlines obtain 286,000 lb. capacity which is now the North American standard. Crossing Improvement CN Rail crossings under provincial jurisdiction which are eligible for potential funding under Section 12 of the Railway Safety Act often fail to qualify due to the overall cost of the project. One such situation was a crossing on the CN Sussex Subdivision at Darling s Island. The crossing had a severe approach grade and in one instance, a school bus slid backwards onto the crossing due to a combination of the approach grade and icy winter conditions. The Department of Transportation applied to Transport Canada for several years for funding under Section 12 to rectify the situation. Given that the total cost of the project was estimated at $475,000, Transport Canada refused to consider the project because it exceeded the total annual allotment of funding for Atlantic Canada. After lengthy negotiation, the Department of Transportation was able to have the CN estimate lowered to make the total cost of the project $350,000. At this point Transport Canada agreed to fund the project, but only at a contribution level of 50% as opposed to the normal 80%. Grade Separations New Brunswick has 5 level railway crossings on the National Highway System. Three of these locations have average daily traffic counts in excess of 20,000 vehicles per day. Funding availability to assist with the grade separation of these crossings is a high priority for the Department. 12

14 Trespassing The Department currently works closely with Operation Lifesaver and interested community groups to reduce trespassing through education. One of the most effective tools currently available is the Trespassing on Railway Lines: A Community Problem Solving Guide. The Guide was developed by the Direction 2006 Education Key Result Area (KRA). The Direction 2006 program has since concluded. The greatest strength of programs like Operation Lifesaver and Direction 2006 is their ability to bring together a wide variety of stakeholders to work toward the common goal of increasing safety along Canada s railways. While Operation Lifesaver focuses primarily on public education, Direction 2006 also focused on areas like engineering, enforcement and research. The combined action of these two programs is necessary to achieve the greatest level of incident reduction through education, awareness and safety enhancement and a successor to Direction 2006 should be created. Trespassing on railway property is a major concern for all railways operating in the province. The New Brunswick Southern and New Brunswick East Coast Railways recently sent a joint letter to the Minister of Transportation stating their concerns with increased pedestrian and vehicle traffic on their properties and rail lines. Citing concerns with security, potential vandalism and injury to the trespasser and/or railway employees, the railways have asked the New Brunswick Minister to take action to develop legislation to address this issue. This issue is under active consideration. Legislation RTD 10 The cost of complying with Transport Canada s proposed new Grade Crossing Regulation, if implemented, is expected to be significant. The Department has concerns with resources potentially being allocated to crossings which may not have the highest identified risk. Provincial Input into the Creation and Modification of the Railway Safety Act and Associated Rules, Regulations, Standards and Procedures New Brunswick has adopted federal rules, regulations, standards and procedures under its Shortline Railways Act and is subject to the Railway Safety Act and its Regulations on federally regulated crossings. As a result, new rules, regulations, standards and procedures and/or modification of existing rules, regulations, standards and procedures, may significantly impact rail operations in the province 13

15 New Brunswick Recommendations: 1. Increase the level of funding available for grants under Section 12 of the Railway Safety Act. The Atlantic Region receives approximately $350,000 in potential annual funding under Section 12. This funding is expected to be divided between railways and provincial and municipal governments in New Brunswick and Nova Scotia. Given that the cost to signalize a crossing can range between $150,000 and $250,000 depending on the requirement for gates, current funding levels are insufficient. Increased funding, or an increased funding allotment for Atlantic Canada, would allow for the completion of more and/or higher value projects. 2. Expand the eligibility criteria for grants under Section 12 to include all railways. In New Brunswick VIA Rail operates predominantly over track owned by the New Brunswick East Coast Railway which is provincially regulated. As a federally regulated railway VIA Rail should currently be able to apply for grants under Section 12 on behalf of any rail operator whose track it utilizes. Most shortline railways operate with restricted capital and manpower which severely limits their ability to conduct major safety enhancements without financial assistance. All railways in Canada, whether Class I or shortline, should have access to federal funding to allow for safety improvements regardless of the federal/provincial status of the rail line. 3. Restore funding under Sections 13 and 14 of the Railway Safety Act. Section 13 deals with grants for the construction of grade separations. Although this section still exists, funding has not been available since the late 1970 s and should be restored with prime consideration given to level crossings on the National Highway System. In New Brunswick five at-grade crossings still exist on the National Highway System. All level crossings on the National Highway System should be grade separated and restoring funding to this section of the Railway Safety Act could help to accomplish this goal. Section 14 provides an opportunity to apply for grants for the design, demonstration or evaluation of railway works not covered under sections 12 and 13 and which are likely to promote, or make a contribution to, safe railway operations. Funding under this section was curtailed in the early 1990 s. Restoration of funding under this section could lead to worthwhile developments in rail safety and technology. 14

16 4. Modification of RTD 10 Transport Canada has indicated that existing crossings would be exempt from major crossing improvements until they undergo reconstruction or major modification. The draft RTD 10 does not clearly indicate the grandfathering of existing crossings. New Brunswick supports enhanced rail safety at all crossings; however, financial realities dictate that not all crossings can be improved in the short-term. Provided that a detailed safety assessment indicates an acceptable level of risk, crossings must be exempt until major upgrades are required. The potential implementation of RTD 10 will lead to the identification of numerous crossing improvement projects. New Brunswick is already faced with the issue of limited funding for rail safety improvements and RTD 10 will add to the burden. In order to consider adopting RTD 10 more careful consideration to the added cost of both improvement projects and periodic safety assessments needs to be carried out, hopefully through the Railway Safety Act Review Process. Expanding funding under Section 12, along with making all railways eligible for funding would increase the likelihood of New Brunswick being able to adopt RTD 10. Also, given the anticipated significant costs associated with periodic safety assessments under RTD 10, Transport Canada must commit to sharing the costs of their own regulatory requirement with the road authority and railway on an equal basis. The standard funding breakdown associated with Transport Canada funded projects should be amended to reflect the fact that the railway and the road authority are equally responsible for safety at grade crossings. Rather than the standard 80% Transport Canada, 12.5% road authority and 7.5% railway, the breakdown should be amended to 80%/10%/10%. 15

17 5. Ensure Provincial input under the Rail Safety Consultative Committee According to the Terms of Reference of the Railway Safety Consultative Committee (RSCC) the objectives of the group are: I. To provide the Minister, the Department and Transport Canada (TC) Rail Safety 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, or identification of alternatives to regulations for improving railway safety in Canada; II. 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. The Province of New Brunswick has adopted federal rules, regulations, standards and procedures under the New Brunswick Shortline Railways Act and therefore changes to these federal rules, regulations, standards and procedures may have a significant impact on railway operations in the province. The ability to have input into proposed changes is critical to maintaining a harmonized regulatory regime. For example, when Transport Canada replaced the Rule Respecting Mandatory Off-Duty Time for Railway Operating Employees Working in Covered Service with the Work/Rest Rules for Rail Operating Employees an amendment to New Brunswick Regulation was required. Had Transport Canada changed the substance of the Rule without changing the name, no amendment would have been required. The newly adopted Terms of Reference for the RSCC allow for provincial representation on both the RSCC and the RSCC Executive Committee. This level of participation is relevant only if the RSCC takes into account the input provided by stakeholders. 6. Increase funding to Operation Lifesaver The work conducted by Operation Lifesaver consists partly of the development of new public education materials and partly of the production and distribution of materials. In the case of printed and/or multimedia material, the number of Canadians who can be reached is limited by the amount of material that can be produced. An increase in funding to the Operation Lifesaver program would allow the development of new materials along with an increase in the number of existing materials that could be disseminated. We need to do more, especially with children. 16

18 7. Create a program to continue the work of Direction 2006 The work carried out by Direction 2006 should be continued in order to maintain the network of governments, organizations and individuals who came together to enhance the promotion of rail safety in Canada. Direction 2006 complements Operation Lifesaver through Key Result Areas including Engineering, Enforcement and Research, which normally fall outside the mandate of Operation Lifesaver. 8. Coordinate statistical analysis between the Transportation Safety Board and Transport Canada and include statistics from provincially regulated railways. Statistical collection and reporting methods for railway incidents differ between the Transportation Safety Board and Transport Canada. Collecting data twice increases the workload for those required to submit data. In addition, data submitted in relation to provincially regulated shortlines are not included in reports produced to show trends in railway incident rates across Canada. Information produced as rail lines are divested, discontinued or reacquired by federally regulated railways can be misleading. Coordination of data collection and dissemination for all railways in a standardized format would provide the best overview of rail safety for all users. 17

19 APPENDIX A The New Brunswick Shortline Railways Act CHAPTER S-8.1 Shortline Railways Act Assented to April 20, 1994 Chapter Outline Definitions Minister Ministre railway - chemin de fer railway company - compagnie de chemin de fer shortline railway - chemin de fer de courtes lignes Application of the Act Prohibitions Agreements Inapplicability of The New Brunswick Railway Act Offences Administration Regulations Exemptions from regulations Commencemen Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows: Definitions 1 In this Act Minister means the Minister of Transportation and includes persons designated under section 7 to act on the Minister s behalf; railway includes (a) a part of a railway, (b) all lines, stations, depots, wharves, rolling stock, equipment, stores, property and works connected with a railway, 18

20 (c) all bridges, tunnels and other structures used by a railway, and (d) any crossing used by a railway; railway company means a company that operates or intends to operate a shortline railway within the Province; shortline railway means a railway, within the legislative jurisdiction of the Province, that a railway company operates or intends to operate for the carriage of passengers or freight, and includes all railway lines that a railway company owns or proposes or is authorized to construct. 2007, c.19, s.1. Application of the Act 2 This Act applies to shortline railways established before, on or after the commencement of this section. Prohibitions 3 No person shall operate a shortline railway except (a) in accordance with an agreement with the Minister that the Minister is authorized to enter into under section 4 and that continues in force, and (b) in accordance with the regulations. Agreements 4 The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with railway companies for the purpose of establishing and ensuring safe and efficient shortline railway operations within the Province. Inapplicability of The New Brunswick Railway Act 5 The New Brunswick Railway Act, chapter 98 of the Revised Statutes of New Brunswick, 1927, does not apply to a shortline railway within the Province, or to a railway company with respect to the operation of a shortline railway within the Province. Offences 6(1) A person who violates section 3 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category J offence. 6(2) Where an offence under subsection (1) continues for more than one day, (a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and 19

21 (b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues. Administration 7(1) The Minister is responsible for the administration of this Act. 7(2) The Minister may designate persons to act on the Minister s behalf for the purposes of this Act. Regulations 8 The Lieutenant-Governor in Council may make regulations (a) respecting the safety of shortline railway operations; (b) respecting the maintenance and operation of shortline railways; (c) respecting the interconnection of railway lines; (d) respecting the occupational health and safety of shortline railway employees; (e) respecting the training and qualification of shortline railway employees; (f) respecting the handling and transporting of dangerous goods on shortline railways; (g) respecting shortline railway passenger and freight tolls and tariffs; (h) respecting shortline railway operating rules; (i) respecting crossings used by shortline railways; (j) respecting rate or service complaints relating to shortline railways, and procedures for resolving such complaints; (k) respecting the terms and conditions for the carriage of goods on shortline railways; (l) respecting the discontinuance of shortline railway passenger service and the abandonment of shortline railway freight operations; (m) respecting the construction and alteration of shortline railways; (n) adopting by reference in whole or in part, with such changes as the Lieutenant-Governor in Council considers necessary, any regulation, code, standard, procedure or rule in relation to railways. 20

22 Exemptions from regulations 2007, c.19, s The Minister may, on any terms and conditions that the Minister considers necessary, exempt a railway company, shortline railway or other person from the application of a regulation made under section 8 if, in the opinion of the Minister, the exemption is in the public interest and is not likely to threaten safety. 2007, c.19, s.2. Commencement 9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation. N.B. This Act was proclaimed and came into force December 1, N.B. This Act is consolidated to March 30,

23 APPENDIX B NEW BRUNSWICK REGULATION under the SHORTLINE RAILWAYS ACT (O.C ) Filed December 23, 1994 Under section 8 of the Shortline Railways Act, the Lieutenant-Governor in Council makes the following Regulation: 1 This Regulation may be cited as the General Regulation - Shortline Railways Act. 2 In this Regulation "Act" means the Shortline Railways Act. 3 The regulations, codes, standards, procedures and rules in Schedule A are adopted for the purposes of the Act. 4 This Regulation comes into force on January 1, SCHEDULE A 1 Railway Works Filing of Affidavits Regulations under the Railway Safety Act (Canada) 2 Notice of Railway Works Regulations under the Railway Safety Act (Canada) 3 Railway-Highway Crossing at Grade Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 4 Railway Prevention of Electric Sparks Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 5 Highway Crossings Protective Devices Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under subsection 22(1), the tests shall be made once a week instead of once a day 22

24 6 Standards Respecting Pipeline Crossings Under Railways TC E-10, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 7 Wire Crossings and Proximities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under subsection 7(1), emergency notice is not required to be given by telegram 8 Repealed: 9 Railway Signal and Traffic Control Systems Standards TC E-07.01, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 10 Railway Rules Governing Safety Critical Positions TC O-17A, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 10.1 Railway Medical Rules for Positions Critical to Safe Railway Operations TC O-17B, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 11 Railway Employee Radio Communication Rule TC O-09, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 12 Service Equipment Cars Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 13 Railway Employee Qualification Standards Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 14 Railway Safety Appliance Standards Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except sections 507, 508 and

25 15 Locomotive Lights and Lamps Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except section 9 16 Railway Locomotive Inspection and Safety Rules TC O-13, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 17 Rules for the Control and Prevention of Fires on Railway Rights-of-Way TC E- 06, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 18 Liquefied Petroleum Gases Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 19 Flammable Liquids Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 20 Anhydrous Ammonia Bulk Storage Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 21 Chlorine Tank Car Unloading Facilities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 22 Ammonium Nitrate Storage Facilities Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) 23 Repealed: 24 Railway Engine Bell and Whistle Regulations under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada), except that under section 8, an electric bell may be substituted for a bell of at least 30 pounds weight 25 Rules for the Installation, Inspection and Testing of Air Reservoirs (Other Than on Locomotives) TC O-010, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 24

26 26 Railway Locomotive Inspection and Safety Rules TC O-13, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 27 Railway Track Safety Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time Standard Respecting Railway Clearances, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 29 Canadian Rail Operating Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Approval of Rule TC O-05 dated July 12, 1993 and as otherwise amended from time to time 30 Repealed: 31 Railway Freight Car Inspection and Safety Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Amendment Notice TC O-06.1 dated October 25, 1994 and as otherwise amended from time to time 32 Work/Rest Rules for Rail Operating Employees, Rule of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time Train Brake Rules, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended by Amendment Notice TC O-07.1 dated October 25, 1994 and as otherwise amended from time to time 34 Marshalling of Occupied Cabooses, Order R dated May 17, 1972 under the Railway Act (Canada), rescinded in part by Order R dated June 26, 1987 under the National Telecommunications Powers and Procedures Act (Canada) and the Railway Act (Canada) and as otherwise amended from time to time 35 Reset Safety Control System, Order R dated April 10, 1987, Order R dated July 31, 1987 and Order R dated July 31, 1987 under the Railway Act (Canada), as amended from time to time, except that from the commencement of this 25

27 schedule until June 30, 1995, inclusive, locomotives may carry a crew of two instead of being equipped with an approved operating safety control system 36 Rules for the Protection of Track Units and Track Work, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 37 Order R dated January 29, 1982, of the Railway Transport Committee to Canadian Pacific Limited, as amended by Order R dated March 13, 1984, and by Order R dated September 14, 1987, both of that Committee, and as otherwise amended from time to time 95-48; 38 Railway Safety Management System Regulations under the Railway Safety Act (Canada) 39 Railway Passenger Handling Safety Rules TC O-16, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 40 Railway Passenger Car Inspection and Safety Rules TC O-12.1, Rules of the Railway Association of Canada approved by the Minister of Transport under the Railway Safety Act (Canada), as amended from time to time 41 On Board Trains Occupational Safety and Health Regulations under the Canada Labour Code (Canada) Changes to these Regulations could have an impact on provincial rail operations. Changes to the name of any of the above-noted Regulations requires the Province to conduct an amendment to the regulatory framework. 26

28 Appendix C The Railway Safety Act and New Brunswick Applicability of the Railway Safety Act The Act applies to CN Rail and consequently all highway/railway crossings on CN Rail lines. The primary sections of the Railway Safety Act which apply to activities conducted by the Department of Transportation are as follows: Section 7.1 Regulations Allows the Minister of Transport to make regulations regulating or prohibiting the construction of road crossings. Section 8 Notice of certain proposed railway works Requires a proponent to give notice of a proposed railway work and to allow for parties potentially affected by the work to file objections with the Minister of Transport. A new or significantly altered highway crossing falls under the definition of railway work. Section 10 Railway works for which Ministerial approval required Defines conditions under which a proponent will require Ministerial approval to construct a railway work. Ministerial approval is required if a proposed railway work departs from any applicable engineering standard or if the notice period identified under Section 8 has not expired. Section 11 Engineering work All the engineering work relating to railway works, including design, construction, evaluation or alteration, shall be done in accordance with sound engineering principles. A professional engineer shall take responsibility for the engineering work. Sections 12 & 13 - Grants for construction Section 12 deals with grants for the construction, improvement and/or relocation of level grade crossings and funding is available under the Grade Crossing Improvement Program. Funding levels are determined by region with Atlantic Canada receiving approximately $350,000 per year to be divided between New Brunswick and Nova Scotia. Given that a level crossing installation with automatic protection costs approximately $150,000 for railway signals alone, funding under this section should be increased. 27

29 Section 13 deals with grants for the construction of grade separations. Although this section still exists funding has not been available since the late 1970 s. An argument could be made that restoring funding to this section would promote the construction of grade separations which greatly improve rail safety. Section 14 Grants for programs, studies, projects and works Provides an opportunity to apply for grants for the design, demonstration or evaluation of railway works not covered under sections 12 & 13 and which are likely to promote, or make a contribution to, safe railway operations. Funding under this section was curtailed in the early 1990 s. Restoration of funds under this section could also lead to worthwhile improvements in rail safety and technology. Section 31 Inspector may forbid or restrict use of unsafe works or equipment Gives a railway inspector the power to close or restrict the use of road crossing if he believes that the crossing, or use of the crossing, threatens safe railway operations. Section 32 Orders concerning unauthorized or improperly maintained works Allows the Minister of Transport to issue an order to remove or modify a railway work which is not constructed or maintained in accordance with the requirements imposed by or under the Act. Section 40 Inquiry Allows the Minister of Transport to order an inquiry into an accident or incident involving a railway work. 28

30 APPENDIX D Railway Companies Operating in New Brunswick Canadian National Railway Company Corporate Headquarters: 935 de La Gauchetière Street West Montreal, Quebec Web: Service CN operates a Class 1 transcontinental freight network extending from Halifax to Vancouver, and south to New Orleans. Most of the CN traffic in New Brunswick is on its way to or from the port of Halifax (CN s eastern terminus). A branch line between Moncton and Saint John is used to carry traffic to Saint John. Length of Track in New Brunswick Approximately 438 miles Route CN s mainline enters New Brunswick from Quebec near Edmundston and crosses the province, passing through or near Saint-Léonard, Grand Falls, Plaster Rock, Juniper, Chipman, Moncton, Sackville, and Aulac, where it enters Nova Scotia. CN operates a branch line from Moncton to Saint John, where it interchanges with New Brunswick Southern Railway. Facilities CN owns two intermodal yards in New Brunswick: the Gordon Yard in Moncton and the Island Yard in Saint John. NBSR operates the Island Yard, and performs all switching on CN tracks in Saint John, under contract with CN. 29

31 Regulated By Government of Canada Remarks Via Rail Canada operates its Ocean service over CN s mainline from Moncton to the Nova Scotia border. The Van Buren Bridge Company serves the Irving lumber mill at Saint-Léonard via a short section of CN track. 30

32 New Brunswick Southern Railway Company Limited 11 Gifford Rd Saint John, New Brunswick Web: Service NBSR operates a shortline freight service in south-western New Brunswick on former Canadian Pacific Railway trackage. All of the local service in Saint John is provided by NBSR. Length of Track in New Brunswick 131 miles Route NBSR s line extends from Saint John to the Canada/US Border near McAdam, passing through Fredericton Junction, Tracy, Harvey, and McAdam. Eastern Maine Railway Company, a sister company to NBSR, continues the line on to Brownville Junction in Maine. NBSR operates a branch line from McAdam to St. Stephen, passing near Lawrence Station and Honeydale. An abandoned spur extends from Watt Junction (near Lawrence Station) to the Champlain Industrial Park in Bayside. Facilities NBSR owns two yards (one in McAdam, the other in West Saint John). In addition, NBSR operates CN s Island Yard in Saint John under contract. Customers Autoterm - Chrysler Autos Irving Group (Irving Oil, Irving Paper, Irving Pulp and Paper, JD Irving) 31

33 AV Nackawick Certainteed Gypsum Canada Domtar Moosehead Brewieries Praxair Tropical Shipping Flakeboard Regulated By Government of New Brunswick Remarks NBSR is closely affiliated with Sunbury Transport and RST Industries (all three are members of the Irving Transportation Group). Eastern Maine Railway 11 Gifford Rd Saint John, New Brunswick Web: Service The Railway connects with the New Brunswick Southern Railway and carries freight between McAdam, New Brunswick, and Brownville Junction, Maine. It is a portion of the mainline between Saint John and Montreal. Length of Track in New Brunswick Approximately 12 miles Customers No direct customers in New Brunswick Regulated by Government of Canada Remarks EMR is a sister company of the New Brunswick Southern Railway, both of which are members of the Irving group of companies. 32

34 New Brunswick East Coast Railway Company Ltd. 970 rue Principale Beresford, New Brunswick Service NBEC operates a shortline freight service between Moncton and Campbellton on former CN trackage, principally serving the mining and pulp and paper industries. Length of Track in New Brunswick Approximately 223 miles Route NBEC s line extends from Moncton to Campbellton, passing through or near Rogersville, Miramichi, Bathurst, Belledune, and Dalhousie. Chemin de Fer de la Matapédia, a sister company, continues the line into Quebec, where it interchanges with the Canada & Gulf Terminal Railway Company and ultimately connects to CN s transcontinental network. Facilities NBEC operates yards in Campbellton, Bathurst, and Miramichi. In addition, the Railway has a lumber trans-load facility in their Campbellton yard that serves a number of small mills in the area. 33

35 Customers Irving Oil Bulk Plant (Campbellton) PCI Chemicals (Dalhousie) Pioneer Chemicals (Dalhousie) Bowater Mill (Dalhousie) Chaleur Sawmills (near Dalhousie) Noranda (Belledune) Port of Belledune Chaleur Fertilizer (Petit Rocher) Small scrap metal operation (Petit Rocher) Superior Propane (Beresford) St. Lawrence Cement (Bathurst): Seasonal Operation Brunswick Mines Irving Oil Bulk Plant (Miramichi) Small lumber yard (Miramichi) Ultramar Bulk Plant (Miramichi) Eagle Forest Products (Miramichi) UPM-Kymmene Mill (Miramichi) In addition, the Railway has a lumber trans-load facility in their Campbellton yard that serves a number of small mills in the area. Regulated By Government of New Brunswick Remarks Via Rail Canada operates its Ocean service over NBEC s mainline. 34

36 Van Buren Bridge Company Northern Main Junction Bangor, Maine United States Service Van Buren Bridge Company (VBBC) operates a freight service between the Irving lumber mill at Saint-Léonard, New Brunswick, and Van Buren, Maine. Length of Track in New Brunswick Less than 1 mile Route The line enters New Brunswick at Saint-Léonard, and connects to CN s Napadogan Subdivision. VBBC operates over the CN line to the Irving lumber mill at Saint- Léonard. Regulated By Government of Canada Remarks The Van Buren Bridge Company is a subsidiary of the Montreal, Maine & Atlantic Railway Ltd., the successor to the Bangor & Aroostook system. 35

37 Maine Central Railroad Company Iron Horse Park High Street North Billerica, MA Service A subsidiary of the Guilford Rail System, MCR operates through New Brunswick from Upper Mills, just south of Milltown, to the Maine border at Woodland Junction with no stops in Canada. Train operation and track maintenance are performed by the Springfield Terminal Railway Company under contract to MCR. Length of Track in New Brunswick Approximately 8 miles Regulated By Government of Canada Le Chemin de Fer de la Matapédia et du Golfe 206 avenue Hébert Mont-Joli, Quebéc Service The Railway connects with New Brunswick East Coast in Campbellton to move freight to and from Quebec. Length of Track in New Brunswick Approximately 12 miles Customers No direct customers in New Brunswick Regulated by Government of Canada 36

38 Via Rail Canada Inc. 3 Place Ville-Marie, Suite 500 Montréal, Québec Web: Service Via Rail operates passenger services in all provinces except Prince Edward Island and Newfoundland. The Ocean overnight service between Halifax and Montreal passes through New Brunswick in both directions daily except on Tuesday (eastbound only) and Wednesday (westbound only). Route The Ocean travels the entire length of NBEC s mainline, and on CN tracks between Moncton and Nova Scotia. Scheduled stops are made at Sackville, Moncton, Miramichi, Bathurst, and Campbellton, with flag stops at Rogersville, Petit-Rocher, Jacquet River, and Charlo. Facilities Via Rail operates passenger terminals at Sackville, Moncton, Rogersville, Miramichi, Bathurst, Jacquet River, Charlo, and Campbellton. Several stations are being upgraded as part of Via Rail s Renaissance program: the Moncton station has recently undergone an expansion and extensive renovations; the Campbellton station has been relocated to a recently-renovated building. Regulated By Government of Canada Remarks VIA Rail service was cut in the early 1990s. In New Brunswick, the Atlantic service between Halifax and Montreal, passing through Saint John, Fredericton Junction, and McAdam was discontinued. There has been public interest in reviving the Atlantic, perhaps on alternate days with the Ocean. 37

39 The Salem and Hillsborough Railroad 2847 Main Street Hillsborough, New Brunswick Web: Service The Salem and Hillsborough Railroad has not operated since 2003, primarily due to high insurance costs. However, the S&H is still considered operational under agreement with the Province. Length of Track in New Brunswick Approximately 11 miles Route The railway extends from Hillsborough towards Turtle Creek to the northwest. The station and yard are at Hillsborough. Regulated By Government of New Brunswick 38