Freight Rail Data Reporting Amendments

Summary#

This is a proposed change from Transport Canada to the Transportation Information Regulations that would replace temporary reporting rules added by the Transportation Modernization Act. If adopted, the rule would expand the weekly public service and performance data that some major freight railways must publish, change who must submit detailed confidential waybill records, and introduce simpler monthly traffic reports for some carriers. The government estimates the change would cost industry about $452,408 (present value) over 10 years. Interested parties were invited to comment within 60 days of the notice published on May 7, 2022.

What it does#

• Replaces the temporary reporting requirements created by the Transportation Modernization Act with detailed regulatory rules in the Transportation Information Regulations.
• Expands the weekly public service and performance indicators (more geography, commodity and car-type detail; new measures such as crew availability and velocity). These would be reported weekly and faster than under the temporary rules.
• Keeps detailed, confidential waybill reporting for the largest Canadian operators, while:
  • Adding six data fields to waybills (for example, waybill date, a unique waybill identifier, and origin/destination facility details).
  • Stopping monthly waybill reporting for some smaller class 1 carriers and replacing it with a simpler, aggregated monthly traffic report (mileage, tonnage, commodity groups, origin/destination at a higher level).
• Tailors reporting by carrier size and Canadian activity:
  • Full suite of indicators and waybills for the largest Canadian carriers.
  • A reduced set of public indicators for BNSF, reflecting its smaller Canadian footprint.
  • Aggregated monthly traffic reports (not full waybills) for BNSF and CSX.
  • No new reporting expected from U.S.-based carriers with no Canadian revenue (e.g. Norfolk Southern, Union Pacific) unless that changes.
• Sets reporting timelines: weekly service data due by 5 p.m. Eastern on the Wednesday after the reporting week; monthly traffic and waybill reports due by the last day of the following month.
• Provides a planned implementation window: the rules would come into force 90 days after final publication in Canada Gazette, Part II (Transport Canada aimed for the requirements to be in force in 2023 if finalized).
• Notes penalties: knowingly providing false or misleading information can carry fines or administrative penalties up to $25,000.

Who's affected#

• The main rail companies expected to be affected are Canadian National Railway Company (CN), Canadian Pacific Railway Company (CP), BNSF Railway Company (BNSF), and CSX Transportation, Inc. (CSX).
• Supply-chain users who would notice the change include shippers, terminal operators, ports, and trade associations—they are the intended users of the public service and performance data.
• Transport Canada and the Canadian Transportation Agency would use the confidential data for policy, monitoring, and to calculate long‑haul interswitching (LHI) rates.
• The government’s analysis says small businesses are not expected to be affected directly by these reporting changes.

Why it matters#

• More public, more‑detailed and faster rail performance data can help shippers, ports and other supply‑chain partners spot problems faster and make better routing, scheduling and commercial decisions.
• Keeping detailed waybill data for the largest Canadian carriers supports the long‑haul interswitching (LHI) remedy, which can allow shippers with access to only one carrier to seek access to a connecting carrier at regulated rates.
• The rules are intended to balance transparency with the burden on railways and with protection of commercially sensitive information. That balance includes removing very detailed waybill reporting for carriers with limited Canadian operations and reducing the set of public indicators for carriers with smaller footprints.
• There will be modest one‑time and ongoing IT and staff costs for affected railways (government estimates total costs of $452,408 over 2022–2031). Annualized administrative costs are estimated at about $13,105 total, or roughly $3,276 per business for the four impacted firms.
• This is a proposed regulation (not final). The public had a comment window after the Part I notice; the rules would only take effect after final publication in Part II and the 90‑day implementation period.