AMPs for Railway Safety Orders

Summary#

These final regulations amend the Railway Safety Administrative Monetary Penalties Regulations to allow monetary penalties for breaking orders made under section 32.01 of the Railway Safety Act. They let Transport Canada issue administrative fines up to $50,000 for individuals and $250,000 for corporations. The change came into force on November 12, 2021.

What it does#

• Adds orders made under section 32.01 of the Railway Safety Act to the list of things that can be enforced with administrative monetary penalties (AMPs) in the Railway Safety Administrative Monetary Penalties Regulations.
• Sets the maximum AMP for such violations at $50,000 for an individual and $250,000 for a corporation.
• Lets Transport Canada use AMPs (in addition to warnings or prosecutions) to enforce ministerial orders, including the COVID‑19 vaccination-related orders issued in late 2021.
• Keeps the right to appeal a penalty to the Transportation Appeal Tribunal of Canada.
• Requires payment within 30 days of a notice of violation unless successfully appealed.

Who's affected#

• Federally regulated railway companies. There are 25 active such companies noted in the source.
• Railway employees and passengers who are covered by orders made under section 32.01, including vaccination and health‑check requirements.
• Transport Canada enforcement officers (about 56 officers) who will use AMPs as an enforcement tool.
• The source specifically notes Transport Ferroviaire Tshiuetin (TFT) and the Naskapi Nation of Kawawachikamach as an example of an Indigenous‑owned operator that falls under these rules.

Why it matters#

• It gives regulators a faster and more flexible way to enforce safety orders than only using warnings or seeking prosecutions.
• For people and companies, it means failure to follow certain ministerial orders (for example, pandemic vaccination rules for workers or passengers) can lead to substantial administrative fines — up to $50,000 for an individual or $250,000 for a corporation.
• Because AMPs are administrative rather than criminal, they can be quicker and less costly than court action, while still creating a strong incentive to comply.
• The change makes enforcement tools in the rail sector more consistent with those used in other transport modes (air and marine).