It relates to the wording in proposed subsection 152.7(1) on the limit of liability of railway companies. It's described in the statute: “A railway company that operates a railway that is involved in a railway accident is liable for the losses, damages, costs and expenses...”.
It states “that is involved in a railway accident”. My understanding under most time-tested regulatory schemes is that this is not normal language. In most of those I've seen that cover the transportation of dangerous goods such as crude oil, the language is very much that it is the party that is in “the charge, the management or control” at the time of the accident or release, not the railway involved in a railway accident. What's the rationale for this language?