Part INoticeVolume 158, Number 50Published: December 14, 2024

Railway Training and Certification Rules

Canada Gazette, Part I, Volume 158, Number 50: Railway Personnel Training and Qualifications Regulations

REGULATORY IMPACT ANALYSIS STATEMENT

Key facts

Published
December 14, 2024
Comment deadline
Unclear
Effective date
Unclear

Summary#

The Canada Gazette, Part I (published December 14, 2024) posted a proposal from Transport Canada to replace the old Railway Employee Qualification Standards Regulations (REQSR) with the new Railway Personnel Training and Qualifications Regulations. The proposal would tighten training and certification for safety‑critical rail jobs (and is not law yet); Transport Canada estimates the change would cost about $32.01 million (present value) over 2025–2036.

What it does#

  • Replaces the 1987 rules (the REQSR) with a new set called the Railway Personnel Training and Qualifications Regulations.
  • Expands the list of positions treated as “critical to safe railway operations” to add remote control locomotive operator and rail traffic controller to the existing list (locomotive engineer, conductor, transfer hostler, yard person).
  • Requires newly certified people to be “paired” with a more experienced certificate holder until they have at least two years of experience (the paired mentor must have done the job for two consecutive years within the last five years).
  • Sets out training types and standards:
    • Initial training = knowledge‑based training, on‑the‑job training (OJT), plus new formalized familiarization trips.
    • Continuing training when rules, procedures, or other safety‑relevant material change.
    • Training for people who haven’t done the job for 12 months (non‑exercise of duties) before they return.
    • Crew resource management (CRM) elements must be included across all training.
  • Certification rules:
    • Certificates would expire after three years and must be renewed.
    • Examinations and OJT evaluations must be passed at 80% or higher; instructors/evaluators must have achieved 90% in their last assessments.
    • Training records must be kept for at least six years.
  • Other rules:
    • Simulators are not allowed for final evaluation (evaluations must use real‑world conditions).
    • The regulations would apply to contractors and supervisors doing safety‑critical duties.
    • The proposed rules would come into force two years after the regulations are published in the Canada Gazette, Part II.
  • Administrative notes:
    • This is a consultation‑stage proposal. Interested parties were invited to make representations within 30 days of the notice.
    • Transport Canada estimates the federal government’s inspection and implementation costs separately, and enforcement could include penalties (the statement mentions administrative penalties up to $250,000 for serious non‑compliance).

Who's affected#

  • All federally regulated railway companies operating on federal track — the analysis covers 21 Canadian railways (and some U.S. firms that operate in Canada).
  • Workers in the specified safety‑critical jobs: locomotive engineer, conductor, transfer hostler, yard person, remote control locomotive operator, rail traffic controller — including contractors and supervisors who perform those duties.
  • Smaller rail companies: Transport Canada identifies 13 affected companies as small businesses; their share of costs is estimated at about $3.95 million (present value) over the analysis period.
  • Transport Canada inspectors and railway training staff (who would need to adapt programs and records).
  • Others likely to notice impacts: communities and businesses near rail operations if the rules change accident risk; workers returning from long leaves (because of the 12‑month re‑training trigger).

Why it matters#

  • Safety: The proposed rules aim to reduce accidents linked to human error by standardizing training, adding CRM (teamwork, communication, decision‑making) and making sure less experienced staff get on‑the‑job time with experienced coworkers. Transport Canada models suggest preventing a significant share of human‑factor incidents would make the rules cost‑effective, but the safety benefits were not fully monetized because of limited data.
  • Cost and time: Transport Canada estimates industry costs at roughly $31.87 million and total government + industry costs at $32.01 million (present value). The analysis says preventing about 36 in‑scope occurrences per year (a 28.34% drop) would offset those costs.
  • Operational effects: The pairing rule and added CRM training will change how companies schedule crews and mentor new employees. Smaller companies may face proportionally higher burdens.
  • Impact on workers on leave: People who have not done the job for 12 months may need refresher OJT before returning. That can affect employees who take extended leave (for example, parental leave).
  • Uncertainty: The government notes benefits are partly qualitative and based on assumptions; the proposal includes a two‑year transition period and leaves some flexibility to companies on exactly how they meet the outcomes.

If you want specific lines from the regulatory text, or a plain‑language checklist for a particular job (for example, what a conductor or a remote control operator would have to do differently), I can make one.

Key topics

Railway Personnel Training and Qualifications RegulationsRailway Employee Qualification Standards RegulationsREQSRRailway Safety ActTransport CanadaTransportation Safety Board of Canadaremote control locomotive operatorrail traffic controllerlocomotive engineerconductorcrew resource managementCRMon-the-job trainingfamiliarization trainingpairing of employees

Source: Canada Gazette

Official source