Transport Committee on March 21st, 2016

[Laureen Kinney]

This is something that is part of an oversight system, but I think it's fair to say that in general the companies want to maintain their safety record. They have business losses and people losses and certainly reputation losses if they have even minor accidents, so this is something that the companies presumably have a strong interest in doing on their own. But even if they don't, they have a regulatory requirement, and this is something that Transport Canada oversees.

At the end of the day, however, the responsibility in the regulation is for the company to understand their business and understand what kinds of risks are being created by their specific type of business, the way they operate, and where they operate, and bring that into account. So it does seem reasonable that the company is best placed to do that risk assessment. Transport Canada looks at that risk assessment and asks whether it's adequate or effective, and whether sufficient mitigation steps are being taken.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Right, but that's typically done only every three to five years.

[Laureen Kinney]

That's the maximum, but depending on the environment and other risk factors, it could well be done on a much more frequent basis. For example, if there has been a significant change in operation of any railway company, it must do another risk assessment. In such a case, Transport Canada would be aware of the change in operation and would be looking at it.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Has Transport Canada ever undertaken an independent audit on all the routes?

[Laureen Kinney]

I'm not sure I understand.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

I'm talking about the condition of the routes.

[Laureen Kinney]

These 33,400 inspections—

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

That's how it's covered off, then.

[Laureen Kinney]

—include track inspection, bridge inspection, operating rules, following operating rules, the train securement, and other rules.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Right, okay. Perfect.

Thank you.

[The Chair, Liberal, Judy Sgro]

Mr. Hardie.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Thank you, Madam Chair.

I want to get back to the use of remote control devices. I understand that these are meant to be used in rail yards. Is that correct? Yes or no is fine.

[Laureen Kinney]

Mainly.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

That's what I thought. I've heard that the rail operators can arbitrarily designate sections of track outside rail yards, including main lines, where they will assume permission to use remote control. Is that correct?

[Brigitte Diogo]

Transport Canada does not provide authorization for how they're going to use the equipment. When we become aware that they are using it in a manner different from what they had been doing, the requirement is for them to submit to us a risk assessment of the change in operations.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Do they need to do this in advance?

[Brigitte Diogo]

Under the SMS regulations, they are required to notify Transport Canada of any changes in their operations. If they're planning to make new use of their equipment, they would be required to report this in advance.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Would there be a record of the number of times this has been requested?

[Brigitte Diogo]

You mean the notification that we would have received?

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

I mean the notification to Transport Canada that they intend to operate outside the rail yards.

[Brigitte Diogo]

Yes, that would be recorded.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Can we get a copy of that record?

[Brigitte Diogo]

We will take a look at that and follow up.

[Laureen Kinney]

I would add that there are strict safety standards in place for the use of remote operating equipment: how the equipment must operate, what the training is, and how the people using it must operate. Any use of the belt pack or the remote operating equipment must be done under those rules. I just want to make sure that's clear.

[Ken Hardie, Liberal, Fleetwood—Port Kells, BC]

Thank you.

In terms of on-site or on-the-ground inspections of operations, how many full-time on-the-ground inspectors—and not people who might be levered in on an as-needed basis—does Transport Canada have?