Interpretation

1  In this regulation:

"Act" means the Railway Act;

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

"chief inspecting engineer" means the inspecting engineer appointed under section 163 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 an RTS and who is engaged in the operation of the RTS;

"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 an RTS" includes

(a) the operation and maintenance of engines, cars and other on-track equipment,

(b) the conveyance of passengers, including the loading and unloading of passengers from platforms or any other location, and

(c) the operation of offices, shops and control facilities and the maintenance of yards, track, bridges, guideways and other structures to support the operations described in paragraphs (a) and (b);

"RTS" means a commuter railway, recreational railway, advanced light rapid transit company or other rail transit system that has been designated by the minister for the purposes of this regulation;

"RTS property" means real property and equipment belonging to, leased by or used by a company operating an RTS and which relates to the operation of the RTS.

 Application

2  This regulation applies to

(a) commuter railways, recreational railways, street railways, advanced light rapid transit companies, and

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

 Reports of major accidents and dangers

3  (1)  A company shall report

(a) an accidental impact between rail transit trains or cars in revenue service and any other train, car or on-track equipment, person or vehicle,

(b) a derailment of trains or cars in revenue service,

(c) any other event that is related to the operation of an RTS, and that results in

(i)  death, dismemberment of a limb or other serious injury with grave risk of death,

(ii)  injury resulting in a visit to a physician or in lost work days to 2 or more persons, and

(iii)  total damage estimated to exceed a value specified for purposes of this section by the chief inspecting engineer,

(d) a failure or threat of failure to a guideway, bridge, building, structure or heavy lifting equipment that is involved in the operation of an RTS,

(e) an uncontrolled "run-through" of a station or schedule "stop" by a train, car or other piece of on-track equipment,

(f) an unscheduled event whereby a train, car or other piece of on-track equipment attains a speed in excess of the posted limit,

(g) any other unsafe loss of car or train control,

(h) threat of, or presence of a bomb, release of a noxious gas or other dangerous substance as defined under the Dangerous Goods Act¹,

(i) a loss of consciousness by an on duty employee,

(j) a fire involving RTS property that required extinguishing,

(k) the closure of any section of ALRT revenue track for a period greater than 15 minutes provided this is not related to normal maintenance, and

(l) an event that the chief inspecting engineer specifies for the purposes of a 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 company and the 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 company within 45 days of the occurrence.

 Reports on other occurrences

4  (1)  A company shall report

(a) an unauthorized intrusion not covered by section 3 of a guideway or rail right of way for which public entry is restricted,

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

(c) injury not covered by section 3 to a person resulting in a visit to a physician or in lost work days,

(d) an event related to the operation of an RTS that results in total damage estimated to exceed a value specified by the chief inspecting engineer by bulletin, and

(e) 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 company within 45 days of the occurrence.

 Yearly reports

5  Within 60 days of the end of a calendar year, a 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 company 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 company under this regulation are properly carried out.