Interpretation

1  In this regulation:

"Act" means the Railway Act;

"branch" means the Engineering and Inspection Branch of the Ministry of Municipal Affairs;

"chief inspecting engineer" means the inspecting engineer appointed under section 176 of the Act who supervises all the other inspecting engineers appointed under that section;

"employee" means any person who is employed by or is under contract to a company operating a railway and who is engaged in the operation of the railway;

"lost work days" means the number of full work days on which an injured employee is unable to work and is absent from work as a result of a work related injury, and does not include the day on which the injury occurred, the day on which the employee returned to work or any days on which the employee would normally be absent from work;

"operation of a railway" includes

(a) the operation and maintenance of engines, cars, on-track equipment and other railway equipment including specialized loading and unloading facilities, whether moving or stationary,

(b) the loading and unloading of passengers on railway property,

(c) the loading and unloading of all dangerous goods,

(d) the loading and unloading of other goods utilizing specialized loading and unloading facilities,

(e) the operation and maintenance of shops, yards, track, bridges, bulk storage facilities and other structures to support the operations described in paragraphs (a) to (d),

(f) the exercise of clerical, supervisory and management functions associated with the operations described in paragraphs (a) to (e);

"railway property" means all real property and equipment used to operate the railway and that belongs to, is leased by or is used by the company operating the railway.

 Application

2  This regulation applies to

(a) railways that serve as common carriers, and

(b) other railways designated by the minister for this Act.

 Reports of major accidents and dangers

3  (1)  A railway company shall report

(a) an event, including any event related to the loading or unloading of any goods, involving a person on railway property, that results in death, dismemberment of a limb or serious injury with grave risk of death,

(b) an impact between engines, cars or on-track equipment and a vehicle or person, other than an on duty railway employee, at any grade crossing,

(c) an event related to the operation of a railway that results in

(i)  injury to 5 or more persons resulting in a visit to a physician or lost work days,

(ii)  damage to railway property estimated to exceed a value specified by the chief inspecting engineer by bulletin,

(iii)  the closure of a section of track that is not part of a normal maintenance procedure for a period anticipated to exceed 8 hours that results from an obstruction on or damage to track or any other railway structure,

(d) a failure or threat of failure to a bridge, building, structure or heavy lifting equipment on railway property resulting from fire, slides, floods or other causes,

(e) an event involving the release or threat of release of dangerous goods as defined under the Transport of Dangerous Goods Act occurring on railway property, and

(f) an event that the chief inspecting engineer specifies for report under this section.

(2)  A report by telephone to the branch in accordance with instructions given by the chief inspecting engineer shall be made as soon as an occurrence described in subsection (1) is known to an employee of the railway company and the railway company shall designate employees in order to ensure that reports under this subsection are made in a timely fashion.

(3)  A written report on an occurrence described in subsection (1) to the branch in accordance with instructions given by the chief inspecting engineer shall be made by the railway company within 45 days of the occurrence.

 Reports of other occurrences

4  (1)  A railway company shall report

(a) an event related to the operation of a railway that is not covered by section 3 and results in

(i)  injury to 4 or fewer persons resulting in a visit to a physician or in lost work days, or

(ii)  damage to railway property that is estimated to exceed a value specified for the railway company by the chief inspecting engineer,

(b) a case of employee occupational illness diagnosed or treated by a physician that is related to the operation of a railway, or

(c) an event that the chief inspecting engineer specifies for report under this section.

(2)  The report on an occurrence described in subsection (1) to the branch in accordance with instructions given by the chief inspecting engineer shall be made in writing by the railway company within 45 days of the occurrence.

 Yearly reports

5  Within 60 days of the end of a calendar year, a railway company shall give to the branch

(a) a written notice in accordance with instructions given by the chief inspecting engineer on each occurrence described in section 3 or 4 for which a report was not given under those sections and this report shall state the reasons for the delay in reporting these occurrences,

(b) a written summary of operating statistics for that calendar year prepared for the purposes of this regulation in accordance with instructions given by the chief inspecting engineer, and

(c) a written statement, signed by the chief executive officer of the railway in the case of a common carrier, and signed by the senior officer responsible for the operation of the railway in all other cases, stating that all events and information specified by these requirements for the previous calendar year have now been reported as required by this regulation.

 Estimates

6  An estimate of damage to railway property under this regulation shall include an estimate of the cost to repair or replace the damaged railway property.

 Responsibility to inform

7  It is the responsibility of a railway company to fully inform its officers and employees in order that all the duties of the officers, employees and the railway company under this regulation are properly carried out.