Regulations Amending the Transportation Safety Board Regulations: SOR/2018-258

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-258 November 23, 2018

CANADIAN TRANSPORTATION ACCIDENT INVESTIGATION AND SAFETY BOARD ACT

P.C. 2018-1440 November 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the President of the Queen’s Privy Council for Canada, pursuant to subsections 31(1) and 34(1) ^{footnote a} of the Canadian Transportation Accident Investigation and Safety Board Act ^{footnote b}, approves the annexed Regulations Amending the Transportation Safety Board Regulations, made by the Canadian Transportation Accident Investigation and Safety Board.

Whereas, pursuant to subsection 34(3) of the Canadian Transportation Accident Investigation and Safety Board Act ^{footnote b}, a copy of the proposed Regulations Amending the Transportation Safety Board Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on February 10, 2018 and a reasonable opportunity was afforded to interested persons to make representations to the Canadian Transportation Accident Investigation and Safety Board with respect to the proposed Regulations;

Therefore, the Canadian Transportation Accident Investigation and Safety Board, pursuant to subsections 31(1) and 34(1)^{footnote a} of the Canadian Transportation Accident Investigation and Safety Board Act ^{footnote b}, makes the annexed Regulations Amending the Transportation Safety Board Regulations.

Ottawa, August 15, 2018

Kathleen Fox
Chairperson of the Canadian Transportation Accident Investigation and Safety Board

Regulations Amending the Transportation Safety Board Regulations

Amendments

1 Clauses 2(1)(a)(i)(A) to (C) of the French version of the Transportation Safety Board Regulations ^{footnote 1} are replaced by the following:

• (A) soit à bord de l’aéronef,
• (B) soit en contact direct avec un élément de l’aéronef, y compris les éléments qui s’en sont détachés,
• (C) soit exposée directement au souffle d’un réacteur ou d’une hélice, ou à la déflexion vers le bas d’un rotor d’hélicoptère,

2 (1) Paragraph 3(1)(f) of the Regulations is replaced by the following:

• (f) there is an accidental release on board or from the ship which results in any of the events listed in subsection 8.4(2) of the Transportation of Dangerous Goods Regulations.

(2) Subparagraph 3(2)(f)(ii) of the French version of the Regulations is replaced by the following:

• (ii) toute mesure prise ou prévue pour sauvegarder les données contenues dans l’enregistreur;

3 (1) Subsection 4(1) of the Regulations is replaced by the following:

Report — pipeline occurrences

4 (1) The operator must report any of the following pipeline occurrences to the Board:

• (a) the pipeline sustains damage that affects the safe operation of the pipeline as a result of another object coming into contact with it;
• (b) an unauthorized third party activity affects the structural integrity of the pipeline;
• (c) a geotechnical, hydrotechnical or environmental activity poses a threat to the safe operation of the pipeline.

Report — occurrences caused by operation

(1.1) The operator must report any of the following pipeline occurrences to the Board if they result directly from the operation of the pipeline:

• (a) a person sustains a serious injury as defined in section 1 of the National Energy Board Onshore Pipeline Regulations or is killed;
• (b) there is a fire, ignition or explosion that
  • (i) affects the safe operation of the pipeline, or
  • (ii) poses a threat to the safety of any person, property or the environment;
• (c) there is an occurrence that results in
  • (i) an unintended or uncontrolled release of hydrocarbon gas,
  • (ii) an unintended or uncontrolled release of HVP hydrocarbons,
  • (iii) an unintended or uncontrolled release of LVP hydrocarbons in excess of 1.5 m³, or
  • (iv) an unintended or uncontrolled release of a commodity other than hydrocarbon gas, HVP hydrocarbons or LVP hydrocarbons;
• (d) there is a release of a commodity from the line pipe body;
• (e) the pipeline is operated beyond design limits or any operating restrictions imposed by the National Energy Board;
• (f) the pipeline restricts the safe operation of any mode of transportation.

(2) Paragraph 4(2)(j) of the French version of the Regulations is replaced by the following:

• j) le compte rendu de l’accident de pipeline, des circonstances qui y ont mené et de l’étendue des dommages, notamment les conséquences sur le pipeline ou tronçon du pipeline, sur tout autre bien et sur l’environnement;

(3) The definition safety zone in subsection 4(5) of the Regulations is repealed.

4 (1) The portion of subsection 5(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

Rapport au Bureau

5 (1) L’exploitant de matériel roulant, l’exploitant de la voie ferrée ainsi que tout membre d’équipage qui constatent personnellement un accident ferroviaire en font rapport au Bureau dans les cas suivants :

(2) Subparagraph 5(1)(a)(ii) of the Regulations is replaced by the following:

• (ii) coming into direct contact with any part of the rolling stock or its contents;

(3) Paragraph 5(1)(j) of the Regulations is replaced by the following:

• (j) there is an accidental release on board or from a rolling stock which results in any of the events listed in subsection 8.4(2) of the Transportation of Dangerous Goods Regulations.

(4) Paragraph (c) of the definition collision in subsection 5(6) of the French version of the Regulations is replaced by the following:

• c) du matériel roulant et un objet ou un animal, dans le cas où le matériel roulant est endommagé ou déraille. (collision)

5 Subsection 9(3) of the French version of the Regulations is replaced by the following:

(3) Ne peut être choisie par la personne appelée à comparaître une personne tenue de comparaître devant l’enquêteur en application de l’alinéa 19(9)a) de la Loi.

6 The portion of subsection 11(1) of the French version of the Regulations before paragraph (a) is replaced by the following:

Activités des observateurs

11 (1) Dans le cas où il mène une enquête sur un accident de transport, le Bureau peut autoriser l’observateur visé au paragraphe 23(2) de la Loi à faire une ou plusieurs des activités ci-après, sous la surveillance d’un enquêteur :

7 The heading before section 14 of the English version of the Regulations is replaced by the following:

Summons

8 Section 14 of the English version of the Regulations is amended by replacing “investigator’s notice” with “summons”.

9 Section 24 of the Regulations is repealed.

10 The schedule to the English version of the Regulations is amended by replacing “Statutory Summons” with “Summons” in Forms 2 to 5.

Coming into Force

11 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Transportation Safety Board of Canada (TSB) was created by an Act of Parliament in 1990. Sections 31 and 34 of the Canadian Transportation Accident Investigation and Safety Board Act (CTAISB Act) permit the TSB, subject to the approval of the Governor in Council, to make regulations. The Transportation Safety Board Regulations (the Regulations), which were originally approved in 1992, were repealed and replaced in 2014.

Following the implementation of Part I of the new Regulations in July 2014, a few of the regulatory provisions pertaining to the reporting requirements for pipeline occurrences have been subject to misinterpretation, causing unintended confusion for stakeholders. Furthermore, some minor discrepancies between the English and French texts in other areas of the Regulations were noted.

Objectives

The objectives of the amendments to the Regulations are to clarify selected reporting provisions and definitions relating to pipeline occurrences in order to address interpretation ambiguities between industry and the TSB, as well as to address minor discrepancies between the English and French text of the Regulations.

Description

The amendments consist of the following:

• Update selected reporting provisions for pipeline occurrences in order to address interpretation ambiguities between industry and the TSB. For example, the previous Regulations required the reporting of “an unauthorized third party activity within the safety zone that poses a threat to the safe operation of the pipeline.” Some pipeline operators had interpreted this as a requirement to report every encroachment within the “safety zone.” This interpretation led some operators to initially submit reports for every vehicle crossing the safety zone, which was not the intent of the Regulations. This provision has therefore been rewritten to clarify that only an unauthorized third party activity that affects the structural integrity of the pipeline is reportable. This amendment reflects the regulatory intent and is more closely aligned with the TSB mandate.
• Reorganize the reporting provisions for pipeline occurrences for consistency and clarity. In addition, multiple provisions addressing the same topic (i.e. in case of a fire, explosion or ignition, or damage to the pipeline) that were scattered throughout the Regulations have been consolidated into adjacent clauses in order to enhance clarity and streamline the text.
• Harmonize the definition of “serious injury” sustained as a result of a pipeline occurrence with the National Energy Board Onshore Pipeline Regulations.
• Address minor editorial issues, including updating some English and French terms, to ensure consistency and accuracy.

“One-for-One” Rule

The “One-for-One” Rule does not apply. The amendments consist only of clarification of selected reporting provisions for pipeline occurrences, as well as adjustments to the English and French texts. No additional reporting provisions are being introduced; therefore, there is no overall quantifiable change in administrative burden associated with the amendments.

Small business lens

The amendments would not result in any incremental costs for business; therefore, the small business lens does not apply.

Consultation

In developing the revisions to the Regulations, the TSB consulted with key stakeholders in the pipeline industry, Transport Canada, provincial governments, transportation industry associations and key transportation companies. The majority of stakeholders were supportive of the amendments. Interpretation ambiguities pertaining to selected occurrence-reporting provisions were discussed with the National Energy Board as well as with some pipeline operators. The results of these discussions culminated in the development of the amendments to the reporting provisions for pipeline occurrences.

Prepublication

The proposed Regulations were prepublished in the Canada Gazette, Part I, on February 10, 2018, followed by a 90-day public comment period.

Two letters of comments were received. One comment expressed support for the proposed amendments, and the other suggested a revision to the pipeline reporting provision to further reduce repetition and ambiguity.

In response, changes were made to further clarify the occurrence reporting provisions in the pipeline mode. The proposed provision requiring the reporting of interruptions of pipeline operations as a result of a situation that poses a threat to persons, property or the environment has been removed. This provision was redundant, as it required the reporting of occurrences that are also reportable under other provisions of the Regulations.

Rationale

The amendments to the Regulations do not result in any change to costs, as they do not change activities that were required under the previous Regulations. The benefits of the amendments include improved clarity in many areas of the Regulations. The incremental costs of the amendments are anticipated to be negligible, as there are no additional reporting requirements being introduced. These Regulations should result in minor savings for companies, as they will be able to report without having to seek clarifications from the TSB.

Implementation, enforcement and service standards

Following the coming into force of the Regulations, the TSB will update all relevant publications to reflect the updated regulatory terminology. Furthermore, the TSB will conduct outreach activities in the form of briefings and meetings with various transportation stakeholders.

There are no new compliance or enforcement strategies. The TSB will continue to monitor compliance with the Regulations, which will continue to be enforced through judicial action introduced by way of summary conviction, as per subsection 35(2) of the CTAISB Act.

Contact

Patrizia Huot
General Counsel
Transportation Safety Board of Canada
Place du Centre
200 Promenade du Portage
Gatineau, Quebec
K1A 1K8
Telephone: 819-994-9759
Email: Patrizia.Huot@bst-tsb.gc.ca