Regulatory Framework

Purpose
Background
Current Regulatory Framework
System Implications
System Certification
Conclusions

Purpose

The purpose of this paper is to provide a discussion about the current regulatory frameworks of the urban rail transit systems in Canada to assist in discussions regarding the regulatory model for the Ottawa rail transit system.

Background

Ottawa’s transit system, like those of Gatineau and Windsor, is subject to federal labour laws because it operates services across provincial boundaries. As a consequence of this, any railway operated by OC Transpo would be federally regulated, as is the case with the existing O-Train, which is the only federally-regulated urban rail system in Canada. The other five urban rail systems (Montreal, Toronto, Calgary, Edmonton, Vancouver) are all classified and regulated as municipal rail transit systems, which are not governed by federal regulations.

Current Regulatory Framework

Federally-regulated railways are the responsibility of Transport Canada. The Rail Safety Branch oversees the introduction of new technology and the construction of rail lines and is responsible for updating regulations to reflect the most current thinking on rail safety. Their responsibilities include reviews of signal systems, safety systems, crash worthiness and other areas to provide passengers with a safe and secure form of travel.

A railway that operates solely within a province is in general subject to the provincial railway regulation including railway safety legislation. However, as with Federal legislation, provincial railway legislation is focussed on heavy rail operations and does not necessarily contemplate application to urban rail transit systems, other than commuter rail operations that operate using heavy rail technology. The actual regulation and operation of urban rail transit systems in Canada today is substantially delegated to the municipal level and individual cities have created their own standards governing the design, construction and operation of their systems. Most provinces (including Ontario) do not have their own railway safety regime for light rail and have delegated this authority to the municipality in which the service operates (in the Case of Toronto, through The City of Toronto Act). The City of Ottawa Act grants similar powers to the City of Ottawa to operate a “passenger transportation system” but, as stated previously, the fact that OC Transpo operates across provincial boundaries requires the City to comply with federal legislation.

Railways that cross provincial boundaries or are operated by transit systems under federal labour laws are governed by federal legislation. There is currently no specific federal legislation with respect to light rail transit systems.

Ottawa’s existing railway operates under the name of Capital Railway (the O-Train). Capital Railway is part of OC Transpo. OC Transpo is subject to federal legislation because it crosses provincial boundaries. Since Capital Railway is part of OC Transpo, it is also subject to federal legislation, even though it does not cross a provincial boundary.

The applicable federal legislation is Part III of the Canada Transportation Act (the “CTA”), the federal Railway Safety Act (the “Federal RSA”) and the rules and regulations under those statutes. The Canadian Transportation Agency (the “Agency”) and Transport Canada are responsible for administering the federal railway legislation. The Agency is responsible for processing applications for certificates of fitness for the proposed construction and operation of railways, and Transport Canada is responsible for administering the Federal RSA. The definition of railway in the CTA is wide enough to cover light rail transit systems. However, the federal legislation was developed to regulate the safe operation of traditional railways and includes regulations and standards that do not necessarily contemplate a modern rapid transit system.

System Implications

Since the O-Train is federally regulated, it is anticipated that any future rail system would also be federally regulated if a similar operating relationship with OC Transpo were applied. Under the current federal model, vehicle design, system design and rail construction must comply with federal regulation. This would have a direct impact on the selection of technology, the project schedule and rail operations since technology, system design and the ultimate operating plan must be approved by Transport Canada.

Alternatively, the City of Ottawa could seek out other models. For example, the City could explore other operating models that move regulation from the federal realm to the provincial realm. The City could also seek to adopt a regulatory model similar to that of other municipalities in Canada that operate urban rail systems. This alternative could allow for flexibility in terms of technology selection, system design and operating plan, but would introduce risk in terms of the City developing and regulating its own safety management system. A municipal regulatory model would require the support and approval of the federal regulator.

System Certification

It is not only the operating rules of the railway that are impacted by this form of regulation. The vehicles, technology, engineering design and infrastructure standards that are used are also subject to federal review and approval. Under the current Transport Canada regulations, none of the urban transit vehicles available on the market can be operated on a line with partial separation from auto traffic. The vehicles do not meet the national standard for crash worthiness, even though they operate in mixed traffic and partially segregated traffic in other cities.

The major manufacturers face the same issues of safety and crash worthiness in all of their markets. Certification requirements vary from country to country based on the regulatory framework in each country. This has led the manufacturers to re-certify their equipment in many different countries.

Conclusions

The regulatory framework under which the new urban rail transit system will operate has an impact on the overall system design. Where the system is completely segregated from all other traffic, vehicles and systems designed by all of the manufacturers are likely suitable, however, the situation is more complicated where partially segregated corridors are planned.

A substantial review of the regulatory framework is required. Discussions will need to consider how to streamline the process to allow a system to be developed for the capital region, which is responsive to the needs of the travelling public, and maintains a high level of public safety.