Railway Safety Adopted Provisions Regulation

B.C. Reg. 210/2004
M161/2004

Deposited May 12, 2004

This consolidation is current to March 25, 2025.

Link to consolidated regulation (PDF)

Link to Point in Time

Railway Safety Act

Railway Safety Adopted Provisions Regulation

[Last amended June 9, 2022 by B.C. Reg. 134/2022]

Contents
	1	Definitions
	2	References in adopted provisions
	3	Adopted provisions from the Railway Safety Act (Canada)
	3.1	Adopted provisions from the Railway Safety Management System Regulations, 2015, SOR 2015-26
	3.2	Adopted provisions from the Grade Crossings Regulations, SOR 2014-275
	4	Adopted regulations, rules and standards
	5	Adopted provisions from the Canadian Transportation Accident Investigation and Safety Board Act
	6	Adopted provisions from the Transportation Safety Board Regulations, SOR/2014-37
	7	Adopted provisions from the Canada Transportation Act
Schedule

Definitions

1 In this regulation:

"source" means an Act, regulation, standard, code, rule or procedure from which an adopted provision is taken;

"the Act" means the Railway Safety Act;

"word" includes punctuation marks and numbers.

References in adopted provisions

2 (1) A reference in an adopted provision to another provision of the source from which the adopted provision is taken is to be read as a reference to that provision of the source.

(2) A reference in an adopted provision to a regulation is to be read as a reference to an adopted provision, unless the reference is changed to be a reference to a regulation made under the Act.

[am. B.C. Reg. 77/2005, s. 1.]

Adopted provisions from the Railway Safety Act (Canada)

3 For the purposes of sections 4 and 9 of the Act, the provisions of the Railway Safety Act (Canada) referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

Item

Column 1
Provisions of the Railway Safety Act (Canada)

Column 2
Changes

Section 4

The terms "company" and "local railway company" have the same meaning as "railway company".
In the definition of "Minister", the words "Minister of Transport" are removed and the words "minister charged with the administration of the Act" are substituted. In the definition of "railway", the words "means a railway within the legislative authority of Parliament and" are removed.
In the definition of "superior court", paragraphs (a) to (e) are removed and the words "the Supreme Court" are substituted. In section 4 (5), the words "With the exception of a notice or document sent to or by the Tribunal," are removed.

1.1

Section 4.1

Section 5

Section 7 (2)

In section 7 (2) (a), the words "governing any matters referred to in subsection (1) that are specified in the order" are removed and the words "in respect of the construction or alteration of railway works, and such engineering standards may embrace both physical specifications and performance standards" are substituted.

Section 7 (2.1)

The words "subsection (1)" are removed and the words "subsection (2)" are substituted.

Sections 7 (3) and 8 to 11

Section 16 (1), (3), (4), (4.1) and (6)

The word "Agency", wherever it appears, is removed and the word "minister" is substituted.
In section 16 (1), the words "or the Railway Relocation and Crossing Act" are removed.
In section 16 (4), the words "of the Railway Safety Act (Canada)" are added after "under section 12 or 13".
In section 16 (4.1), the words "of the Railway Safety Act (Canada)" are added after "under section 12".

6.1

Section 17.2

The section is removed and the following substituted:

17.2

No railway company shall operate or maintain a railway, including any railway work or railway equipment, otherwise than in accordance with a minister's certificate under section 3 of the Railway Act, with an operating permit under section 11 of the Act and with the regulations and the rules made under sections 19 and 20 of the Railway Safety Act (Canada) that apply to the company, except to the extent that the company is exempt from their application under section 22 or 22.1 of the Railway Safety Act (Canada).

6.2

Sections 17.21 and 17.3

Section 18 (3)

The words "If the Governor General in Council at any time makes regulations respecting a matter referred to in subsection (1) or (2.1) that are" are removed and the words "If an adopted provision is" are substituted.

Section 19

In section 19 (2), the words "each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment" are added after the words "a reasonable opportunity for consultation with it on the rules to" and paragraphs (a) and (b) are removed.
In section 19 (4.1), the words "each relevant association or organization that is likely to be affected by the amendment to the terms and conditions and any railway company on whose railway the railway company operates its railway equipment" are added after the words "shall send a copy of the request to" and paragraphs (a) and (b) are removed.
In section 19 (8) (a), the words "to each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment and" are added after the words "a reasonable opportunity for consultation with the Minister on the rules to that company and" and subparagraphs (i) and (ii) are removed.

8.1

Section 20

In section 20 (2), the words "to each relevant association or organization that is likely to be affected by the implementation of the rules and any railway company on whose railway the railway company operates its railway equipment" are added after the words "a reasonable opportunity during a period of sixty days for consultation with it concerning the rules," and paragraphs (a) and (b) are removed.

8.2

Section 20.1

8.3

Section 21

Section 22 (2) to (7)

In section 22 (2) (a), the words "made under subsection 18 (1) or (2.1)" are removed and the words "in respect of matters referred to in section 18 (1) or (2.1)" are substituted. In section 22 (2) (b), the words "made under subsection 18 (2)" are removed and the words "in respect of matters referred to in section 18 (2)" are substituted.
In section 22 (4), the words "under subsection 18 (1), (2) or (2.1)" are removed and the words "in respect of matters referred to in section 18 (1), (2) or (2.1)" are substituted.
In section 22 (5), the words "each relevant association or organization that is likely to be affected by the exemption and any railway company on whose railway the railway company operates its railway equipment" are added after the words "unless it has first given" and paragraphs (a) and (b) are removed.

Section 22.1

In section 22.1 (1), the words "of standards formulated under section 7, regulations made under subsection 18 (1) or (2) or 24 (1)" are removed and the words "of engineering standards governing the construction or alteration of railway works, adopted provisions in respect of matters referred to in section 18 (1) or (2) or 24 (1)" are substituted.
In section 22.1 (2), the words "each relevant association or organization that is likely to be affected by the exemption and any railway company on whose railway the railway company operates its railway equipment" are added after the words "shall be filed with the Minister and" and paragraphs (a) and (b) are removed.

Repealed. [B.C. Reg. 237/2020, s. 1 (i).]

Section 23.1

Sections 24 (1.1) and (2)

In section 24 (1.1), the words "made under subsection (1)" are removed and the words "in respect of matters referred to in subsection (1)" are substituted.

Sections 25 (1), (1.1), (2) and (3)

In section 25 (1) (c), the words "made under paragraph 24 (1) (e)" are removed and the words "in respect of matters referred to in section 24 (1) (e)" are substituted.
In section 25 (1.1), the words "made under paragraph 24 (1) (e)" are removed and the words "in respect of matters referred to in section 24 (1) (e)" are substituted.

Sections 26 (1), (3) and (4)

The word "Agency", wherever it appears, is removed and the word "minister" substituted.

Sections 26.1, 26.2 and 27 (2) to (4)

Section 28

In subsection (1) (a), the words "in relation to the matters designated by the Minister under section 27 in respect of which the inspector may exercise the powers of a railway safety inspector" are removed.
In subsection (2), the words "under this Act" are removed and the words "under the Act or under the Railway Safety Act (Canada)" are substituted.

Sections 29, 30, and 31 (1) to (8) and (10)

Section 32

In section 32 (2), the words "in right of British Columbia" are added after the words "Her Majesty".
In section 32 (3), the words "made under section 24" are removed and the words "in respect of matters referred to in section 24" are substituted.

22.1

Section 32.01

Section 33

In section 33 (5), the words "made under subsection 18 (1) or (2.1)" are removed.

Section 34

Section 35

In subsection (1) the words "made under paragraph 18 (1) (b)" and the words "made under subparagraph 18 (1) (c) (iii)" are removed.

25.1

Section 36

Section 38

[am. B.C. Regs. 77/2005, s. 2; 237/2020, s. 1.]

Adopted provisions from the Railway Safety Management System Regulations, 2015, SOR 2015-26

3.1 (1) For the purposes of section 9 of the Act, the provisions of the Railway Safety Management System Regulations, 2015, SOR 2015-26, referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Minister of Transport in a provision adopted under subsection (1) is to be read as a reference to the minister.

(3) A reference to a railway safety inspector in any provision adopted under subsection (1) is to be read as a reference to a railway safety inspector appointed under section 4 of the Act.

(4) In any provision adopted under subsection (1), the words "this Part" are removed and the words "these regulations" are substituted.

Item

Column 1
Provisions of the Railway
Safety Management System
Regulations, 2015 (Canada)

Column 2
Changes

Sections 1 and 2

Section 3 (1) (a)

The words "Part 1 sets out" are removed and the words "These regulations set out" are substituted.

Section 3 (2)

The words "Parts 1 and 2" are removed and the words "these regulations" are substituted.

Section 4

The words "This Part applies" are removed and the words "These regulations apply" are substituted.

Section 5

The words "that is satisfactory to the minister and" are added after the words "a safety management system".

Sections 6 to 10

Section 11

The section is renumbered as section 11 (1) and the following subsection is added:

(2)	A railway company must include, in its safety management system, a general operating instruction specifying procedures for
	(a)	safe working practices,
	(b)	observing the best practices in railway safety, and
	(c)	complying with the regulations, engineering standards, rules, terms of exemptions, and notices and documents containing an order, that are referred to in the list of instruments in section 10 (1).

Section 12

Section 12 (1) (a) is removed and the following substituted:

(a)	reporting a railway occurrence
	(i)	to the railway company's management,
	(ii)	to the British Columbia Safety Authority established under the Safety Authority Act, and
	(iii)	to any other person as required under the Railway Safety Adopted Provisions Regulation; and

Section 13

The section is renumbered as section 13 (1) and the following subsection is added:

(2)	A railway company must, on a continual basis, conduct analyses to identify safety concerns, including any trends or any emerging trends. The analyses must, at a minimum, be based on
	(a)	a review of best railway safety practices, and
	(b)	any lessons learned from railway occurrences that have taken place elsewhere.

Sections 14 and 15

In section 15 (1) (a), the words "in its railway operations" are removed.

Sections 16 to 26

In sections 25 (3) (b) and 26 (b), the words "federal legislation" are removed and the words "federal or provincial legislation" are substituted.

Section 27

The section is renumbered as section 27 (1) and the following subsections are added:

(2)	The method referred to in subsection (1) (b) must
	(a)	include field observations for verifying an employee's skills, qualifications and knowledge, and
	(b)	specify who conducts those field observations, how they are conducted and how frequently they are conducted.
(3)	The method referred to in subsection (1) (d) must
	(a)	include field observations for verifying the knowledge of a person referred to in section 26, and
	(b)	specify who conducts those field observations, how they are conducted and how frequently they are conducted.

Sections 28 to 38

In section 30 (1), the words "three years" are removed and the word "year" is substituted.

[en. B.C. Reg. 234/2019, s. 1.]

Adopted provisions from the Grade Crossings Regulations, SOR 2014-275

3.2 For the purposes of section 9 of the Act, the provisions of the Grade Crossings Regulations, SOR 2014-275, referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

Item

Column 1
Provisions of the Grade Crossings Regulations (Canada)

Column 2
Changes

Sections 1 to 3

Section 4

Section 4 (3) is removed and the following substituted:

(3)

In the case of an existing grade crossing, the information must be provided to a road authority and to the minister no later than January 1, 2022.

Sections 5 to 11

Section 12

Section 12 (3) is removed and the following substituted:

(3)

In the case of an existing grade crossing, the information must be provided to a railway company and to the minister no later than January 1, 2022.

Sections 13 to 58

Section 59

The words "on the day that is seven years after the day on which these Regulations come into force" are removed and the words "January 1, 2028" are substituted.

Sections 60 to 74

Section 75

In subsection (1), the words "on the day that is seven years after the day on which these Regulations come into force" are removed and the words "January 1, 2028" are substituted.

Sections 76 to 112

[en. B.C. Reg. 237/2020, s. 2.]

Adopted regulations, rules and standards

4 (1) For the purposes of section 9 of the Act, the regulations, rules and standards set out in the Schedule are adopted.

(2) A reference to any of the following in a provision adopted under subsection (1) is to be read as a reference to the minister:

(a) Agency;

(b) Canadian Transport Commission;

(d) Department;

(e) Director of Engineering of the Agency;

(f) Director of Engineering of the Commission;

(g) Director of Operation, Canadian Transport Commission, Ottawa;

(h) Director of the Regional Railway Safety Directorate;

(i) Minister of Transport;

(j) Railway Transport Committee;

(k) Secretary of the Agency;

(l) Secretary of the Commission;

(m) Secretary of the Railway Transport Committee;

(n) Transport Canada.

(3) A reference to a safety inspector in any provision adopted under subsection (1) is to be read as a reference to a railway safety inspector appointed under section 4 of the Act.

(4) Repealed. [B.C. Reg. 234/2019, s. 2 (b).]

[am. B.C. Regs. 77/2005, s. 3; 234/2019, s. 2.]

Adopted provisions from the Canadian Transportation Accident Investigation and Safety Board Act

5 (1) For the purposes of section 9 of the Act, the provisions of the Canadian Transportation Accident Investigation and Safety Board Act referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Board in a provision adopted under subsection (1) is to be read as a reference to the minister.

Item

Column 1
Provisions of the Canadian
Transportation Accident
Investigation and Safety
Board Act

Column 2
Changes

Section 2

All of the definitions are removed except for the definitions of "coroner", "railway", "railway occurrence", and "rolling stock".
The following definition is added: "investigator" means a person appointed under section 19 (0.2).

Section 7 (2), (3) and (4)

In section 7 (2) the word "transportation" is removed and the word "railway" is substituted.

Section 19

The words "transportation occurrence" are removed wherever they appear and the words "railway occurrence" are substituted.

The following subsections are added:

(0.1)	The minister may determine whether to investigate any railway occurrence for the purposes of
	(a)	making findings as to their causes and contributing factors,
	(b)	identifying safety deficiencies as evidenced by railway occurrences, and
	(c)	making recommendations designed to eliminate or reduce any such safety deficiencies.
(0.2)	The minister may appoint any person as an investigator for the purposes of the provisions adopted from the Canadian Transportation Accident Investigation and Safety Board Act and must provide persons who are so appointed with a certificate of appointment.
(0.3)	The minister has exclusive authority to direct the conduct of investigations undertaken under the provisions adopted from the Canadian Transportation Accident Investigation and Safety Board Act.

In section 19 (4) the words "made under paragraph 34 (1) (h)" are removed.
In section 19 (7) the words "transportation services" are removed and the words "railway services" are substituted.
In section 19 (9) (b) the words "an aircraft, ship," and "or pipeline" are removed.
In section 19 (11) the words "transportation safety" are removed and the words "railway safety" are substituted.
In section 19 (14) (a) the words "an aircraft, a ship" and "or a pipeline" are removed.
Section 19 (14) (b) is removed.
In section 19 (15.1) the words "Federal Court or a superior court of a province" are removed and the words "Supreme Court" are substituted.
In section 19 (16) in paragraph (a) of the definition of "place" the words "an aircraft, a ship, rolling stock, any other vessel or vehicle and a pipeline" are removed and the words "rolling stock" are substituted.

Section 20

In section 20 (3) the words "under this Act" are removed.

Section 23

Section 23 (1) is removed and the following substituted: "The minister may designate any person as an observer for the purposes of this section".
In section 23 (2) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted and everything after "conducted by the Board" is removed.

Section 24

In section 24 (1) the words "transportation safety" are removed and the words "railway safety" are substituted.
In section 24 (2) the words "Minister and any other" and "Minister or other" are removed.
Section 24 (4) is removed.
In section 24 (4.1) the words ", except for one made by a minister responsible for a department having a direct interest in the findings of the Board" are removed.
In section 24 (4.2) the words "transportation safety" are removed and the words "railway safety" are substituted.
In section 24 (5) (a) and (b) the words "transportation occurrence" are removed wherever they occur and the words "railway occurrence" are substituted.
Sections 24 (6) to (8) are removed.

Section 25

Section 25 (1) (a) is removed.
In section 25(1) (b) the words "transportation occurrence" are removed from both places and the words "railway occurrence" are substituted.

Section 26 (1)

Section 28

Sections 28 (1) (a) (i), (ii) and (iv) are removed.
In section 28 (1) (b) the words "an aircraft, ship, locomotive or pipeline" are removed and the words "a locomotive" are substituted.
In section 28 (1) the words ", on the flight deck of the aircraft, on the bridge or in a control room of the ship, as the case may be," and "or in a place where pipeline operations are carried out, as the case may be," are removed.
In sections 28 (3) and (4) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted.
In section 28 (4) the words "transportation safety" are removed and the words "railway safety" are substituted.
Section 28 (5) (c) is removed.
In section 28 (7) everything after "or other proceedings, namely" is removed and the words "rail traffic controllers, train crew members and persons who relay messages respecting rail traffic control" are substituted.
Section 28 (8) is removed.

Section 29

Sections 29 (1) (a) and (c) to (e) are removed.

Section 30

In section 30 (1) (a) (i) the words "transportation occurrence" are removed and the words "railway occurrence" are substituted.
In section 30 (3) the words "transportation safety" are removed and the words "railway safety" are substituted.
Section 30 (4) (c) is removed.
Section 30 (6) is removed.
In section 30 (7) the words "or a prosecution under section 35" are removed.

Section 31

Sections 31 (1) and (3) are removed.
In section 31 (2) the words "made under subsection (1)" are removed and the words "transportation safety" are removed and the words "railway safety" are substituted.
In section 31 (4) and (5) the words "made under subsection (1)" are removed.

Sections 32, 33 and 36

[en. B.C. Reg. 77/2005, s. 4; am. B.C. Reg. 61/2006.]

Adopted provisions from the Transportation Safety Board Regulations, SOR/2014-37

6 (1) For the purposes of section 9 of the Act, the provisions of the Transportation Safety Board Regulations, SOR/2014-37, referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Board in a provision adopted under subsection (1) is to be read as a reference to the minister.

Item	Column 1 Provisions of the Transportation Safety Board Regulations (Canada)	Column 2 Changes
1	Section 1
2	Section 5	In the definition of "Rules" in section 5 (6), the words "the Minister of Transport" are removed and the words "the minister" are substituted.
3	Sections 6 to 14
4	Section 22

[en. B.C. Reg. 237/2020, s. 3.]

Adopted provisions from the Canada Transportation Act

7 (1) For the purposes of section 9 of the Act, the provisions of the Canada Transportation Act referred to in column 1 of the following table are adopted with the changes, if any, set out in column 2 of the table.

(2) A reference to the Agency in a provision adopted under subsection (1) is to be read as a reference to the minister.

Item	Column 1 Provisions of the Canada Transportation Act	Column 2 Changes
1	Section 6	All of the definitions are removed except for the definition of "rolling stock". The following definition is added: "superior court" means the Supreme Court.
2	Section 23	In section 23 (2), the words "Secretary of the" are removed.
3	Section 25	The section is renumbered as section 25 (1) and the following subsection is added: (2) The agency may award costs in any proceeding before it.
4	Section 26	The words "of Parliament" are removed.
5	Sections 27, 28 and 29 (1)	Sections 27 (2), (3) and (5) are removed and the following subsection is added: (2) The minister may make public an order or decision made under this section. In Section 29 (1), the words "or this Act or a regulation made under subsection (2) provides otherwise" are removed.
6	Section 30 to 33	In section 33, the words "Secretary of the" and "signed by the Chairperson and sealed with the Agency's seal" are removed.
7	Section 87	All of the definitions are removed except for the definitions of "land", "railway" and "road". In the definition of "land" the words "and, in relation to land in the Province of Quebec, includes the interests of a lessee" are removed. In the definition of "railway" the words "means a railway within the legislative authority of Parliament, and" are removed.
8	Sections 99 to 103
9	Section 173 (1)	The words "or the Minister" are removed from both places.

[en. B.C. Reg. 77/2005, s. 4; am. B.C. Regs. 285/2006; 237/2020, s. 4.]

Schedule

[en. B.C. Reg. 77/2005, s. 5; am. B.C. Regs. 274/2008; 234/2019, ss. 3 and 4; 237/2020, s. 5; 134/2022.]

Adopted Regulations, Rules, Standards
under the Railway Safety Act (Canada)

Regulations

1 Ammonium Nitrate Storage Facilities Regulations (GO 0-36)

2 Anhydrous Ammonia Bulk Storage Regulations (GO 0-33)

3 Chlorine Tank Car Unloading Facilities Regulations (GO 0-35)

4 Flammable Liquids Bulk Storage Regulations (GO 0-32)

5 Handling of Carloads of Explosives on Railway Trackage Regulations (1978 -11)

6 Repealed. [B.C. Reg. 234/2019, s. 3 (a).]

7 Repealed. [B.C. Reg. 237/2020, s. 5 (a).]

8 Liquefied Petroleum Gases Bulk Storage Regulations (GO 0-31)

9 Mining Near Lines of Railways Regulations (TC E-03)

10 Notice of Railway Works Regulations (TC E-02)

11 Railway Employee Qualification Standards Regulations (CTC 1987-3-R)

12 and 13 Repealed. [B.C. Reg. 237/2020, s. 5 (a).]

14 Railway Prevention of Electric Sparks Regulations (CTC 1982-8-R)

15 Railway Safety Appliance Standards Regulations (GO 0-10)

16 Repealed. [B.C. Reg. 234/2019, s. 3 (a).]

17 Service Equipment Cars Regulations (CTC 1986-9-R)

18 Specification 112 and 114 Tank Cars Regulations (CGSB 43-147-97)

19 Wire Crossings and Proximities Regulations (GO E-11)

20 to 25 Repealed. [B.C. Reg. 234/2019, s. 3 (a).]

26 Prevention and Control of Fires on Line Works Regulations (SOR 2016-317)

Rules

1 Canadian Rail Operating Rules (July 30, 2021)

2 Railway Freight and Passenger Train Brake Inspection and Safety Rules (November 17, 2017, TC O-0-165)

3 Railway Freight Car Inspection and Safety Rules (December 9, 2014)

4 Railway Locomotive Inspection and Safety Rules (July 3, 2015)

5 Railway Medical Rules for Positions Critical to Safe Railway Operations (December 22, 2006, TC O-0-68)

6 Railway Passenger Car Inspection & Safety Rules (November 8, 2001, TC O-0-26)

7 Railway Passenger Handling Safety Rules and Railway Association of Canada Circular No. O-6 — Passenger Train Handling Safety and Emergency Procedures (March 31, 2000, TC O-0-16)

8 Railway Rules Governing Safety Critical Positions (June 16, 2000, TC O-0-17)

9 Rules for the Installation, Inspection & Testing of Air Reservoirs (Other than on Locomotives) (December 5, 1994, TC O-0-10)

10 Rules Respecting Track Safety (December 15, 2021)

11 Duty and Rest Period Rules for Railway Operating Employees (November 25, 2020)

12 Repealed. [B.C. Reg. 234/2019, s. 4.]

Standards

1 Standard Respecting Railway Clearance (May 14, 1992, TC E-05)

2 Railway Signal and Traffic Control Systems Standards (June 4, 2007, TC E-17)

3 Standards Respecting Pipeline Crossings Under Railways (June 21, 2000, TC E-10)

4 Transport Canada Standard For LED Signal Modules at Highway/Railway Grade Crossings (October 10, 2003, TC E-14)

5 Grade Crossings Standards (January 1, 2019)

[Provisions relevant to the enactment of this regulation: Railway Safety Act, S.B.C. 2004, c. 8, ss. 4, 9 and 21 (2).]