Submission To Railway Safety Act Review Panel From Ministry of Transportation August 17, 2007
Ontario Submission to Railway Safety Act Review Panel Introduction The Ontario Ministry of Transportation is pleased to provide some comments to the Railway Safety Act Review Panel. Those comments are focused on several areas. First, we have some observations about the number and intensity of railway accidents in Ontario. Second, we will lay out the approach Ontario has taken to railway safety where the province has jurisdiction over railway safety and identify some issues that have arisen concerning railway safety for those railways that are licensed under the Shortline Railways Act. Third, we will provide an overview of the safety régime for Ontario Northland Railway. Finally we provide some observations on proposed changes to the Road/Railway Grade Crossing Technical Standards and Inspection, Testing and Maintenance Requirements (RTD 10). Number and intensity of railway accidents in Ontario There are over 7,300 miles of railway in Ontario. This represents about a quarter of the railway mileage in Canada, more than any other province. Railway information shows that railway traffic density in southern Ontario is in excess of 50 million gross ton-miles per route mile Canadian National Railway s Toronto Montréal corridor is in excess of 70 million gross ton-miles per route mile. These density levels are at or above those of the Winnipeg to Vancouver corridor. However, in Ontario, railway traffic moves through the most densely populated areas of the country. One might expect that railway accidents in Ontario would represent at least a quarter of national accidents, reflecting the share of route miles in the province. And given the intensity of railway activity in Ontario, it might be reasonable to assume that the accident rate would be higher than the national average. The 1
most recent information reported by the Transportation Safety Board of Canada bears this out. In the key area of main-track train derailments, for example, the data show that in the 1996 2005 period, there were an average of 43 such occurrences annually in Ontario, representing 36 per cent of the Canadian average of 145. The disturbing part of the data is that while main-track train derailments reached a low of 28 in 2000, they have more than doubled in subsequent years to reach 60 in 2005. It is hoped that the research program undertaken by the Panel will shed some light on the causes of increases in railway accidents in Ontario and across Canada. It is also hoped that the Panel will develop some recommendation to not only mitigate the rise in railway accidents but also reverse the trend and lead the way to a future where railway accidents are falling. The management of railway safety in Ontario The Canada Transportation Act (1996, c.10) [CTA] provides for agreements between the Minister of Transportation (or a designate) and a provincial minister responsible for transportation matters concerning the administration of any law respecting railway safety, accident investigation and railway crossings. i The Shortline Railways Act (S.O. 1995, c. 2) [SRA] provides for agreements between the Minister and the federal government or its agencies concerning the administration of the Act and the regulation of railway safety, accident investigation and railway crossings in relation to shortline railways and shortline railway companies. ii Anchored by these legislative provisions, two agreements between the Minister of Transportation for Ontario and the Minister of Transport for Canada were signed in 1996. They are concerned with railway safety and railway crossings respectively in connection with short line railways licensed by Ontario. In addition, a Memorandum of Understanding was signed in the same year between 2
the Ontario minister and the Chairperson of the Transportation Safety Board of Canada (TSB) concerning the investigation of accidents that involve short line railways licensed by Ontario. Expenses incurred by federal agencies in providing services under these agreements are invoiced to Ontario, which in turn may invoice the individual railways. Underlying the three agreements are several factors: Ontario law has a provision for establishing short line railways under the jurisdiction of the province of Ontario; Ontario has chosen not to establish railway safety regimes that duplicate and paralell established and existing federal safety regimes for the 637 km of Ontario licensed rail lines (to put this in context, CNR and CPR operate a total of over 30,000 miles of rail lines); and To promote safety and uniformity and recognizing the body of knowledge and skills that exist within the federal government, Ontario has chosen to take advantage of the provisions in both provincial and federal legislation to contract with the federal government for safety related matters. Ongoing short line railway safety activities The main activity under the Canada/Ontraio railway umbrella has been railway safety. Since signing the railway safety agreement, federal rail safety legislation and regulations have undergone significant revamping. Now, at the heart of railway safety policy in Canada is the Safety Management System (SMS). The SMS signalled a change from a heavily regulated safety regime to one where all people and organizations involved in the operation of railways have a role to play in establishing and maintaining safety. As described by Transport Canada: The development of Safety Management Systems (SMS) will ensure that: there are clear responsibilities and authorities for safety; safety is addressed throughout the organization at all levels; safety is a factor that is considered in all decisions; 3
safety issues and concerns are routinely identified, assessed, and resolved or mitigated; and there are feedback mechanisms that ensure the organization learns from its experience. It is within the context of the SMS that many of the concerns identified by Ontario licensed short line railways have arisen. The difficulties appear to have arisen from a shift in the burden to establish and maintain railway safety from a regulator to the railway company itself, with the regulator performing an oversight function through SMS. Concern about federal safety regulation revolves around: the unfair application of federal rules (that have historically been applied almost exclusively to railways like CN and CPR) to some small-scale operations run by volunteers ; excessive red tape in complying with federal regulations; uncertainty about what regulations apply and whether exemptions are possible; and concern about the costs of safety inspections especially since similar railway operations that are federally licensed and subject to the same inspections are not assessed any fee by TC for the inspection. The short line operators argue that one way to resolve these issues is to exempt Ontario licensed short lines from certain of the federal regulations and/or to not assess some or all the costs passed on from TC for inspections as provided for in their individual licences. As of July 2007, Transport Canada has begun to address the question of tailoring inspection rules to the size of the railway involved. On July 26, it met with Ontario-licensed short line operators to clarify the rules that will be followed and those that need not be followed as a consequence of the size of the operation. 4
At the meeting on July 26, Ontario short line operators identified a number of issues concerning the management of railway safety. They were: 1. There is a need to tailor rules and regulations to the size, scope and style of railway operation. In other words, one size does not fit all. 2. There was a suggestion that there might be some value in establishing several distinct categories of railways (small switching railways, line haul railways, tourist railways, etc.) and that rules and regulations be tailored to the special characteristics of each category. 3. There is a need for an arbitrator or facilitator to resolve disputes about the applicability of railway safety rules. This would be a less formal, less expensive and less time-consuming alternative to the Transportation Appeal Tribunal of Canada. 4. There is a need to simplify the large number of rules and regulations that apply to short line railways. 5. Ontario short line railways should have access to federal government funding for such programs as reflectorization and grade crossing improvement. 6. Proposed changes to the Road/Railway Grade Crossing Technical Standards and Inspection, Testing and Maintenance Requirements (RTD 10) will impose a costly burden on short line railways without any concomitant increase in railway safety. Observations on federal/provincial agreements The rationale for contracting with the federal government is that an alternative would be to establish parallel provincial agencies to regulate 637 km of railway or about one per cent of the rail lines regulated federally. Ontario short line railways operate in an environment with virtually no economic regulation (the exception being exit controls) and with a high level of public safety with modest cost to the province by contracting to the established federal regime. 5
Except for some of the concerns noted above with respect to the application of the federal safety régime, the railway safety agreement with Transport Canada has worked well for Ontario. The province is able to rely on the expertise that rests with the federal government and provide a environment with a high level of safety for the operators and customers of short line railways in Ontario. The Ontario/Canada accident investigation agreement has existed for over ten years. During that time, there has been no activity related to the investigation of railway accidents, specifically, no investigations by the TSB respecting Ontario licensed short lines. However, the TSB investigated an accident involving the Ontario Northland Railway in 2000 for the purpose of advancing transportation safety. The TSB sought no compensation for this investigation. With respect to railway crossings, about 15 decisions and orders related to Ontario short line railways were issued by the Agency. They include: the Town of Collingwood, Trillium Railway Company Limited, Orangeville Brampton Railway Company, the Allendale Community Development Corporation, Southern Ontario Railway Company and Huron Central Railway Inc. It is understood that the Agency is of the view that the administrative costs of invoicing the Province of Ontario for these services would be greater than the value of the service provided. Accordingly, the Agency has not invoiced Ontario for any of these services. However, the Agency does work on this file from time to time and there is no guarantee that this situation will continue indefinitely. Based on the experience to date with the Agency, there is no reason to amend the agreement respecting the administration of railway crossings. 6
Ontario Northland Transportation Commission Ontario Northland Rail Services Ontario Northland operates both passenger and freight trains on their 700 mile rail system which spans from Moosonee in the north to North Bay in the south, from Calstock (just west of Hearst) in the west to Rouyn-Noranda, Quebec in the east. Their rail system connects with Canada s two transcontinental rail carriers (CN and CP) at various locations, allowing Ontario Northland to provide seamless transportation solutions throughout North America in cooperation with industry partners. The Company has a fleet of 27 engines to service both passenger and freight operations. Passenger Trains Ontario Northland operates three passenger trains: the Dream Catcher Express (fall excursion train traveling between North Bay and Temagami); the Northlander (passenger train service between Cochrane and Toronto); and the Polar Bear Express (passenger train service between Cochrane and Moosonee, which offers tourist excursion packages during the summer months). The Northlander and Polar Bear Express are operated as non-commercial, or provincially-mandated, services. During the 2006-2007 fiscal year, more than 80,000 passengers traveled aboard one of Ontario Northland s trains. 7
Freight Services In addition, Ontario Northland provides rail freight services for the transportation of mineral and forest products, chemicals, petroleum and other products to and from northeastern Ontario and northwestern Quebec. The organization s rail freight operations carry more than 53,000 carloads each year. Most carload freight shipments are moved on regularly scheduled freight trains connecting with other Canadian railways. Special train movements for heavy or dimensional loads are also handled by Ontario Northland. Express freight services are offered between Cochrane and Moosonee. Experienced Ontario Northland employees ensure quality transportation of both passengers and freight and are responsible for the maintenance of both track and equipment. Beyond providing maintenance to the Company s own equipment, their contract shops in North Bay and Cochrane also provide service to external customers. Regulation Some of Ontario Northland s rail operations are federally regulated. Specifically: The organization s branch line from Swastika, Ontario to Rouyn-Noranda, Quebec is owned and operated by a federally registered company, Nipissing Central Railway. The Northlander passenger train operates on CN track between North Bay and Toronto and is also therefore federally regulated. As a result of Ontario Northland s unique status as an operational enterprise of the Province of Ontario, the balance of its rail operations are not federally regulated. The organization has adopted federal regulations and standards, including those of the Railway Safety Act and self-regulates in this regard. In addition, the Company is active in the Railway Association of Canada and representatives participate on committees that draft regulations and rules for Transport Canada s approval. Safety Record Ontario Northland s priority is to ensure the safety of its passengers and employees. 8
The Company has filed its Safety Management System Plan with Transport Canada. In 2006, Ontario Northland had one mainline derailment involving more than three cars, and two involving less than three cars. This represents the Company s lowest rate since 1998 (save for 2000, when the Company also recorded three derailments: two involving three cars or more, and one involving less than three cars). In the last ten years, the Company has been involved in only two significant derailments: March 30, 2007 Derailment North of Englehart On March 30, 2007, an Ontario Northland freight train derailed approximately 10 miles north of Englehart, in the Township of Chamberlain. No one was injured in the incident however, 22 cars derailed seven cars carrying various commodities and 15 sulphuric acid cars, five of which were leaking. An immediate, effective clean-up, repair and remediation effort ensued. March 14, 2000 Derailment South of Temagami, Ontario On March 14, 2000, an Ontario Northland freight train derailed approximately 15 km south of Temagami, Ontario. No one was injured in the incident however, 29 cars derailed, 25 of which were carrying sulphuric acid 12 of which were leaking. Eight cars of sulphuric acid were lost. An immediate, effective clean-up, repair and remediation effort ensued. Proposed Changes to the Road/Railway Grade Crossing Technical Standards and Inspection, Testing and maintenance Requirements (RTD 10) Like some other provinces and Ontario s short line railways, Ontario has several concerns about the cost of implementing the RTD 10 proposals. One specific concern is a proposal to install stop signs at rural railway crossings. Given the small number of trains that might be passing through the crossing, there is a likelihood that the stop signs will not always be obeyed. This, in turn, 9
could compromise the safety impact of stop signs at other locations. At present in Ontario, there are no provisions for stop signs at other than highway crossings. The other concern that Ontario has with the RTD 10 proposals is that upgrading a crossing to meet the standards may conflict with other safety priorities that the Ministry of Transportation may have already established. 10
ONTARIO SHORT LINE RAILWAYS Railway Licence Holders/Operators Short Line Railways Operated 1. Huron Central Railway Inc. Huron Central Railway City of Port Colborne 2. 3. Trillium Railway Co.Ltd. Port Colborne Harbour Railway St. Thomas and Eastern Railway 4. 5. Ontario Southland Railway Inc. Cando Contracting Ltd. Caledonia and Hamilton Southern Railway Co Ltd. Ontario Southland Railway Guelph Junction Railway Barrie Collingwood Railway Orangeville Brampton Railway 6. Arnprior-Nepean Railway Co. Inc. (operator: Ottawa Central Railway) Arnprior Nepean Railway 7. Port Stanley Terminal Rail Inc. Port Stanley Terminal Railway 8. South Simcoe Railway Heritage Corporation South Simcoe Railway 9. York-Durham Heritage Railway Association York-Durham Railway 11
i 157.1 (1) The Minister may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting railway safety, accident investigation and railway crossings. (2) The Minister may designate any body established under an Act of Parliament, or any person or class of persons employed in the public service of Canada, to administer the law in accordance with the agreement. (3) The designated body, person or class of persons may perform any function or duty and exercise any powers necessary for the enforcement of the law, to the extent specified in the agreement. ii Federal-provincial agreements 15. (1) The Minister may enter into agreements with the federal government or with any federal regulatory authority, person or class of persons concerning the administration of this Act and the regulation of railway safety, accident investigation and railway crossings in relation to shortline railways and shortline railway companies. Enforcement, administration (2) For the purposes of subsection (1) the Minister may, by agreement, authorize any federal regulatory authority, person or class of persons to enforce and administer applicable federal law, as it exists from time to time, in relation to shortline railways and shortline railway companies in the same manner and to the same extent as the law applies to railways within federal jurisdiction or in accordance with any other terms as agreed upon. 1995, c. 2, s. 15. 12