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RAIL SAFETY

N A F T A. RAIL SAFETY. Canada-US Bilateral. Harmonization Path Forward. NAFTA. NAFTA came into force in January 1994 Land Transportation Standards Subcommittee ( LTSS ) established to Consider compatibility of rail safety regulations relevant to cross-border operations. CANADA.

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RAIL SAFETY

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  1. N A F T A RAIL SAFETY • Canada-US Bilateral • Harmonization • Path Forward

  2. NAFTA • NAFTA came into force in January 1994 • Land Transportation Standards Subcommittee (LTSS) established to Consider compatibility of rail safety regulations relevant to cross-border operations

  3. CANADA Canada = 10 Provinces & 3 Territories Transport Canada = HQ + 5 Regions Several Provinces using Federal regime Federally Regulated Railways - 31 Provincially Regulated Railways - 50 RAC Member Railways - 60

  4. USA Canada = 10 Provinces & 3 Territories Transport Canada = HQ + 5 Regions Several Provinces using Federal regime Federally Regulated Railways - 31 Provincially Regulated Railways - 50 RAC Member Railways - 60

  5. INTERNATIONALREGULATORY OPTIONS • BILATERAL-MULTILATERAL • HARMONIZATION • When possible & practicable • RECIPROCITY • Minimize differences • EXEMPTIONS/WAIVERS

  6. LTSS(historical example) LTSS identified 3 Operational Issues • Crew Qualification Standards • Hours of Service Rules • Occupational Safety & Health Regulations

  7. FRA-TCResponse • Closer FRA-TC working relationship was established 1995 (both management & day-to-day operations) • Process jointly developed to review compatibility of respective regulatory regimes

  8. TRWG • Joint FRA-TC Technical Review Working Group (TRWG) set up • Involved U.S./Cdn HQ & Regions • Joint FRA-TC Cross-border field inspections conducted (Mexico invited as observer)

  9. Canada-U.S.CROSS-BORDER ISSUES TC / FRA jointly reviewed following - • Operating rules & practices • Control of Alcohol & drugs • Railway communications • Rear End marking devices • Accident/Incident Reporting • Hours of Service • Occupational Safety & Health • Locomotive Engineer qualifications

  10. TRWG FINDINGS …neither the current regulations nor existing railway operating practices appear to impede the flow of goods and traffic under NAFTA. Joint FRA-TC Report, 1997

  11. FRA-TC Initiatives Proposed ACTION PLAN included- • Annual Senior Management Meetings • Increased Consultation (Regs & Policy) • Data Sharing (eg. acc/incidents-safety issues/concerns) • Joint Inspections

  12. Path Forward TC / FRA committed to continued cooperation under the Regulatory Cooperation Council (RCC) framework put forward Prime Minister Harper and President Obama TC / FRA committed to develop a Memorandum of Understanding to formalize bi-national cooperation

  13. RCC TC / FRA committed to develop a Memorandum of Understanding to formalize bi-national cooperation. The RCC will cover a commitment to facilitate all cross-border operations, including passenger.

  14. Commitment If cross-border passenger rail service is extended or expanded, FRA and TC will use existing bi-national frameworks to evaluate the need to harmonize safety regulations to facilitate service.

  15. “Working Together” • Better Understand Respective Regulatory Needs • Earlier Consultation & Co-operation • Learn From Each Other’s Best Practices • Smart Regulations • Instrument of Choice Progressive Regulator Facilitate SAFECross-border Trade

  16. Thank You Merci

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