This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Railway Safety Regulations made under Section 48 of the
S.N.S. 1993, c. 11
O.I.C. 2001-547 (November 30, 2001, effective October 1, 1993), N.S. Reg. 144/2001
1 These regulations may be cited as the Railway Safety Regulations.
Part 1 - Incorporation by Reference
Interpretation of Part 1
2 In this part,
(a) “CRC” means Consolidated Regulations of Canada made by the Government of Canada;
(b) “CTC” means the Canadian Transport Commission;
(c) “GO” means General Order of the Canadian Transportation Agency;
(d) “RAC” means Railway Association of Canada;
(e) “SOR” means Statutory Orders and Regulations made by the Government of Canada; and
(f) “TC” means Transport Canada.
Application of statutes, regulations, orders, rules and standards
3 (1) The statutory provisions, regulations, orders, rules and standards, as amended from time to time, that are listed in the following table shall apply to a railway company:
Rules and standards Canadian Rail Operating Rules, TC O-01 dated January 16, 1990 Rules For Protection of Track Units and Track Work, TC O-02 dated July 1, 2000 Railway Employee Radio Communication Rule, RAC Rule 22 dated September 9, 1994 Railway Freight and Passenger Train Brake Rules, TC O-07.1 dated October 25, 1994 (RAC Rule 1) Railway Freight Car Inspection and Safety Rules, TC O-06.1 dated October 25, 1994 (RAC Rule 5) Railway Locomotive Inspection and Safety Rules, TC O-13 dated September 18, 1997 (RAC Rule 25) Railway Signal and Traffic Control Systems Standards, TC E-7.1 dated August 26, 1996 (RAC Rule 24) Rules Respecting Track Safety, TC E-04.2 dated December, 1997 (RAC Rule 8) Standards Respecting Pipeline Crossings under Railways, TC E-10 dated June 21, 2000 Standard Respecting Railway Clearance, TC E-05 dated May 14, 1992 (RAC Rule 3) Railway Passenger Handling Safety Rules, TC-016 Rules for the Control and Prevention of Fires on Railway Rights-of-Way, TC E-06 (RAC Rule 21) Rule Respecting Mandatory Off-Duty Time for Railway Operating Employees Working in Covered Service, TC 0-0-04 (RAC Rule 15) Rules for the Installation, Inspection and Testing of Air Reservoirs (other than on locomotives), TC O-0.10 (RAC Rule 12) Railway Passenger Car Inspection and Safety Rules, TC O-0.12 (RAC Rule 23)
Regulations made pursuant to Railway Safety Act (Canada) Ammonium Nitrate Storage Facilities Regulations, CRC, c. 1145 (GO 0-36) Anhydrous Ammonia Bulk Storage Regulations, CRC, c. 1146 (GO 0-33) Caboose-less train operations of CN&CP Rail, CTC Order R-41300 dated December 14, 1987, as amended by CTC Order R-41338 dated December 14, 1987, and Rule R-41300 1.1 and 1.22 dated November 5, 1990 Chlorine Tank Car Unloading Facilities Regulations, CRC, c. 1147 (GO 0-35) Flammable Liquids Bulk Storage Regulations, CRC, c. 1148 (GO 0-32) Handling of Carloads of Explosives on Railway Trackage Regulations, SOR/79-15 Heating and Power Boilers Regulations, CRC, c. 1151 (GO 0-11) Highway Crossings Protective Devices Regulations, CRC, c. 1183 (GO E-06) Liquified Petroleum Gases Bulk Storage Regulations, CRC, c. 1152 (GO 0-31) Locomotive Lights and Lamps Regulations, CRC, c. 1156 (GO 0-14) Mining Near Lines of Railways Regulations, SOR/91-104 (GO E-03) Notice of Railway Works Regulations, SOR/91-103 (GO E-02) Railway Employee Qualification Standards Regulations, SOR/87-150 (CTC 1987-3) Railway Engine Bell and Whistle Regulations, CRC, c. 1166 (GO 0-25) Railway Grade Separations Regulations, SOR/93-253 (GO E-05) Railway-Highway Crossing at Grade Regulations, SOR/80-748 (GO E-04) Railway Prevention of Electric Sparks Regulations, SOR/82-1015 Railway Safety Appliance Standards Regulations, CRC, c. 1171 (GO 0-10) Railway Safety Management System Regulations, SOR 10000-157 Railway Vision and Hearing Examination Regulations, CRC, c. 1173 (GO 0-9) Service Equipment Cars Regulations, SOR/86-922 (CTC 1986-9) Specification 112 and 114 Tank Cars Regulations, SOR/79-101 Wire Crossings and Proximities Regulations, CRC, c. 1195 (GO E-11)
Regulation made under the Canadian Transportation Accident Investigation and Safety Board Act Transportation Safety Board Regulations, SOR/92-446
(2) A reference to the Canadian Transport Commission, the Commission, the Railway Transport Committee or the Committee in any of the statutory provisions, regulations, orders, rules and standards referred to in subsection (1) shall be read as a reference to the Minister.
Part 2 - The Ancillary Operating Rules
Interpretation of Part 2
4 (1) In this Part,
(a) “CROR” means the Canadian Rail Operating Rules made by the Railway Association of Canada pursuant to the Railway Safety Act (Canada);
(b) “instructor” means a person who
(i) is employed by a railway company, and
(ii) is authorized by the railway company to conduct examinations for employees pursuant to this Part;
(c) “operating rules” means the CROR and this Part.
(2) For greater certainty, this Part consists of a revised version of Regulation 0-8 of Part I of the former Uniform Code of Operating Rules.
(3) Wherever in any document, rule, order or regulation reference is made to General Order No. 873, dated November 15, 1961, or General Order No. 0-8 of The Revised General Orders of the Board of Transport Commissioners for Canada, 1965, the reference shall be deemed to be a reference to this Part.
Minimum age for employees
5 (1) No railway company shall employ any person under the age of 20 years as a conductor, an engine person or a train dispatcher.
(2) No railway company shall employ any person under the age of 18 years as a telegraph or telephone operator whose duties include the operation of trains or the handling of train orders.
Examination on the operating rules
6 No railway company shall permit any person to work in any of the occupations set out in the following list or in any occupations designated by the railway company, the duties of which are governed by the operating rules, unless the person has passed with a mark of at least 80% a written examination on the specific operating rules that apply to that occupation:
(a) bridge foreman;
(c) engine person;
(d) fireman helper;
(e) interlocking signal person;
(f) section foreman;
(g) snow plow foreman;
(h) switch tender;
(j) train baggage person;
(k) train dispatcher;
(n) yardmaster; and
(o) yard foreman.
7 (1) Every railway company shall ensure that an instructor in its employ conducts an oral examination on the operating rules, at intervals to be determined by the railway company but not to exceed 3 years, for each employee who works in any of the occupations referred to in Section 6.
(2) No railway company shall permit any railway employee to work in any of the occupations referred to in subsection (1) who has not passed, within the determined interval and with a mark of at least 80%, an oral examination referred to in that subsection.
(3) Every railway company shall notify its employees by bulletin or otherwise of the dates upon which instructors will be available at the various locations to conduct the oral examinations referred to in subsection (1).
8 No railway company shall permit any person to work in any of the occupations governed wholly or partly by statutory provisions, regulations, orders, rules and standards, other than the CROR, that are referred to in subsection 3(1) unless the person has passed, to the satisfaction of the company, such examinations as are prescribed by the railway company.
Records and certificates
9 (1) A record of an oral examination referred to in Section 7 shall be kept and retained by a railway company until the employee who took the examination ceases to be employed by the railway company.
(2) When an employee passes a written or an oral examination, a certificate to that effect shall be issued to the employee by an instructor and the employee shall carry the certificate when on duty.
Protection of railway employees working in yards or on repair tracks
10 (1) The blue flag to be displayed by day and the blue light to be displayed by night, as required by Rule 26 of the CROR, shall be displayed at a height of 5 ft. above rail level on a steel frame secured to the rail.
(2) The blue flag day signal referred to in subsection (1) shall
(a) be of rigid material with minimum dimensions of 22 in. in height and 28 in. in width, with rounded corners;
(b) be of a royal blue colour with a white border 1½ in. in width on both sides; and
(c) be set at right angles to the track between the switch and the first engine, car or train occupying the track.
11 (1) Every railway company shall
(a) lock with special locks all switches leading to the railway company’s regular repair tracks; and
(b) ensure that the keys to the special locks referred to in clause (a) are carried by the foreman in charge of the repair work or another responsible person designated by the railway company.
(2) It is the duty of the foreman or other responsible person referred to in clause (1)(b) to ensure that
(a) employees and workers engaged in repair work are warned and are at a safe distance from any cars or engines before any switching movement is made on the repair track; and
(b) the switches are re-locked after a switching movement is completed.
Speed of trains and operating procedures over railway crossings at grade and drawbridges
12 (1) At an interlocked railway crossing at grade, unless otherwise authorized by the Minister for any specific crossing, the speed of any train or engine shall not exceed 35 m.p.h. until the entire train or engine has passed the crossing.
(2) At an interlocked drawbridge, the speed of any train or engine shall not exceed 25 m.p.h. until the entire train or engine has passed the bridge.
(3) At a non-interlocked railway crossing at grade or a non-interlocked drawbridge, "Stop" signs shall be erected at points 500 ft. in each direction from the crossing or frog, or each direction from the ends of the drawbridge, unless otherwise authorized by the Minister for specific reasons.
(4) All trains or engines shall be brought to a full stop at "Stop" signs referred to in subsection (3) and shall not proceed until a proper signal has been given for that purpose.
Speed of trains at highway level crossings
13 When in any order made by an appropriate regulatory authority a speed limitation at a highway crossing at rail level is imposed upon any rail company, the speed limitation shall be deemed to have been complied with when the foremost part of the train engine or car has fully occupied the crossing at the speed specified in the order.
Flagging equipment on engines
14 (1) Every engine operated by a railway company while in either yard or road service shall be equipped with full set of flagging signals.
(2) For the purposes of subsection (1), a full set of flagging signals shall include at least
(a) a red flag on a staff;
(b) a white light;
(c) torpedoes; and
(3) All flagging signals shall be maintained in good order by the railway company and shall be available and ready for immediate use at all times.
Signals at public crossing
15 (1) At a public crossing at grade where a watchman is stationed, the watchman shall display the following type of signal to warn pedestrians and persons in vehicles that a train is approaching:
(a) by day, a metal disc 16 in. in diameter, on a white background with a black border, with the word "Stop" inscribed on the disc in large black letters; and
(b) by night, a red light, whether or not gates are provided.
(2) The red light referred to in clause (1)(b) shall be hooded so as to show along the road only.
16 At a public crossing where no watchman is stationed and where the trainman is required to protect the crossing during the time a train is uncoupled at it, the trainman shall use a hand signal by day and a clear (white light) lantern at night to protect the movements of vehicles over the crossing.
Appointment of conductor to protect light engine movements on main track
17 No light engine, either alone or coupled with other light engines, shall, where its movement is either on a single track or against the current of traffic on 2 tracks, be run a greater distance than 25 miles in any one direction without a conductor on board who is duly appointed and has successfully passed the appropriate examination in accordance with the requirements of Sections 1, 6 and 7.
Use of reflectorized materials
18 (1) Every railway company that installs or replaces reflectorized signals shall ensure that the reflectorized signals are equipped with materials of Reflectivity Level II as described in the Standard for Marking Materials, Retroflective Enclosed Lenses, Adhesive Backing, issued by the Canadian General Standards Board under number 62-GP-11M and dated May 1978.
(2) Every railway company shall examine the material of its reflectorized signals at least once a year to determine the reflectivity level.