Passenger Rail Security Regulations

Summary#

The final rules called the Passenger Rail Transportation Security Regulations set new security duties for passenger and host railway companies in Canada. They require training, inspections, reporting and planning to reduce the risk of unlawful interference with passenger trains. Parts of the rules took effect on registration day (October 6, 2020) and other parts came into force after 3 months, 9 months and 15 months.

What it does#

• Requires a security awareness training program for employees and contractors with passenger-related duties. Training must be provided within 90 days in many cases and repeated at least once every 3 years. Training records must be kept and retained for 2 years after someone leaves.
• Requires every passenger and host company to have a named rail security coordinator and to give the coordinator’s 24‑hour contact info to Transport Canada.
• Requires companies to report threats or other security concerns to the Transport Canada Situation Centre as soon as feasible but no later than 24 hours after they occur. Reports must include known details about the train, people involved and the timing.
• Requires passenger companies to carry out a documented security inspection of each train before it enters service for the day. Inspections must include a ground-level exterior check and an interior check of each car. Inspection records must be kept for 3 years.
• Requires larger passenger companies (those that transported at least 60,000 passengers in one of the two previous calendar years) to:
  • do a written security risk assessment and review it at least once every 12 months (full reassessment at least every 3 years);
  • prepare and implement a written security plan based on that assessment;
  • provide training on the security plan to staff with related duties (within 90 days and at least every 3 years);
  • run security exercises: an operations-based exercise at least every 5 years and a discussion-based exercise at least once a year (companies must give the Minister 45 days’ notice of planned exercises).
• Gives smaller passenger companies and host railway companies fewer requirements. For example, small passenger companies are not required to prepare the formal security risk assessment, security plan, security plan training or security exercises.
• Sets a phased timeline for coming into force: some requirements on registration day (October 6, 2020), some 3 months, some 9 months, and some 15 months after registration.

Who's affected#

• Passenger railway companies that operate trains in federally regulated territory (intercity, some commuter/urban transit and tourist operators). As of 2019 that meant about 16 passenger companies.
• Host railway companies that authorize passenger operators to use their tracks (about 7 host companies as of 2019). Together this is about 21 federally regulated companies.
• Employees and contractors with passenger-related duties such as operating or maintaining equipment, dispatching trains, checking security, loading/unloading, interacting with the public, or enforcing security procedures.
• Law enforcement and emergency responders are not regulated by these rules but are named as partners that companies must coordinate with.

Why it matters#

• The rules aim to make passenger rail travel safer by ensuring operators are better trained, inspect trains before service, report suspicious incidents quickly, and have plans and exercises ready for real threats.
• For everyday travellers this means more consistent checks and response procedures across federally regulated passenger rail services.
• The government estimated the total cost of implementing and enforcing the rules over 10 years at $9,660,944, including $9,132,128 in government costs and about $511,764 in industry compliance costs. Officials judged the costs small relative to the risk of a serious incident.
• Smaller operators face fewer requirements to reduce the burden on businesses that carry fewer than 60,000 passengers in a year.
• The rules formalize practices that many companies already follow under a voluntary Memorandum of Understanding, and create enforceable, nationwide standards for passenger rail security.