SOR-2019-113 Transportation of Dangerous Goods by Rail Security Regulations

any person that operates a handling site, or

any manufacturer or producer of dangerous goods that has possession of dangerous goods at a handling site for the purposes of loading them prior to, or unloading them after, transportation by rail. (chargeur ferroviaire)

any interference with a train crew;

any bomb threats, either specific or non-specific;

any reports or discoveries of suspicious items when the report or discovery results in a disruption of railway operations;

any suspicious activities observed on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

the discovery, seizure or discharge of a firearm or other weapon on or near a railway vehicle, at or near infrastructure used in railway operations or at or near a facility or location used in railway operations;

any signs of tampering with a railway vehicle if the railway carrier determines that security has been compromised; and

any information relating to the possible surveillance of a railway vehicle, of infrastructure used in railway operations or of a facility or location used in railway operations.

the railway carrier’s name and contact information, including telephone number and email address;

the name of the person who is making the report on behalf of the railway carrier and the person’s title and contact information, including their telephone number and email address;

any information that identifies any train that is affected by the potential threat or other security concern, including its itinerary and line or route position;

any information that identifies any railway vehicle, infrastructure, facility or location that is affected by the potential threat or other security concern;

the classification and quantity of any dangerous goods that are involved in the potential threat or other security concern; and

a description of the potential threat or other security concern, including the date and time that the railway carrier became aware of it and the date and time of any incident linked to it.

the name and job title of the rail security coordinator or acting rail security coordinator; and

24-hour contact information for the rail security coordinator or acting rail security coordinator.

coordinates security matters within the railway carrier’s organization; and

acts as the principal contact between the railway carrier, law enforcement and emergency response agencies and the Minister with respect to security matters.

is in writing;

identifies, by job title, a senior manager responsible for the plan’s overall development and implementation;

describes the railway carrier’s or railway loader’s organizational structure, identifies the departments that are responsible for implementing the plan or any portion of it and identifies every position whose incumbent is responsible for implementing the plan or any portion of it;

describes the security duties of each identified department and position;

sets out a process for notifying each person in a position referred to in paragraph (b) or (c) and who is responsible for implementing the plan or any portion of it that the plan or that portion of it must be implemented;

includes an assessment of the security risks associated with the offering for transport, handling or transport of the dangerous goods set out in Schedule 1 that the railway carrier or railway loader offers for transport, handles or transports;

sets out a process for security inspections referred to in section 7, including

sets out measures to prevent access by unauthorized persons to the dangerous goods set out in Schedule 1 and to the railway vehicles used to transport those dangerous goods;

sets out measures to verify information provided by candidates for positions that involve access to the dangerous goods set out in Schedule 1;

sets out a policy on limiting access to security-sensitive information and sets out measures for the sharing, storing and destruction of that information;

sets out measures to address other security risks identified in the assessment referred to in paragraph (f);

sets out a program for the security awareness training required under section 14 and the security plan training required under section 11; and

sets out measures to respond to a security incident and for reporting it.

make the most recent version of the security plan or any portion of it available to each person who is responsible for implementing the plan or that portion of it;

review, and if necessary revise, the plan at least once a year;

revise the plan if a change in circumstances is likely to affect the security risks identified in the assessment referred to in paragraph (1)(f);

notify without delay the persons referred to in paragraph (a) of any significant revisions to the plan; and

provide a copy of the plan to the Minister upon his or her request.

offers for transport, handles or transports by railway vehicle, in Canada, any of the dangerous goods set out in Schedule 1; or

is responsible, in Canada, for implementing the security plan or any portion of it but does not perform any of the duties referred to in paragraph (a).

before the day on which the person initially undertakes the duties referred to in paragraph (1)(a), unless the person has, before that date, received training that meets the requirements of section 12;

within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the responsibility referred to in paragraph (1)(b), unless the person has, before that date, received training that meets the requirements of section 12; and

on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any training received before the coming into force of this subsection that meets the requirements of section 12.

the railway carrier’s or railway loader’s security objectives;

the railway carrier’s or railway loader’s organizational structure with respect to security;

the railway carrier’s or railway loader’s security procedures;

the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and

the security plan measures that, in the event of a security incident, are relevant to the duties of the person undergoing the training.

the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports;

the measures that are designed to enhance rail security; and

the recognition of and response to potential threats and other security concerns.

offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or

has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a).

before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training;

within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and

on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection.

the person’s name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and

the title and date of each training session that the person has previously followed under each section.

they are in an excepted quantity as determined in accordance with subsections 1.17.1(1) and (2) of the Transportation of Dangerous Goods Regulations or are in an excepted quantity that is specified in subsection 1.17.1(8) of those Regulations; and

the requirement set out in subsection 1.17.1(5) of those Regulations is met.

the classification or the exact chemical composition of the goods is unknown and cannot be readily determined; and

the conditions set out in paragraphs 1.19.1(a) to (d) of the Transportation of Dangerous Goods Regulations are met.

does not contain more than 1 g of boron trifluoride gas;

may be transported under the UN number and shipping name UN1008, BORON TRIFLUORIDE, in accordance with subsection (1) of special provision 145 of the Transportation of Dangerous Goods Regulations; and

is packed in accordance with subsection (2) of special provision 145 of those Regulations.

the neutron radiation detector meets the conditions set out in paragraphs (1)(a) and (b); and

the radiation detection system is packed in accordance with subsection (3) of special provision 145 of the Transportation of Dangerous Goods Regulations.