Light Rail Regulatory Monitor and Compliance Officer and LRT Regulation (By-law No. 2015-301)

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A by-law of the City of Ottawa to establish the position and the duties of the Light Rail Regulatory Monitor and Compliance Officer and to provide for other regulatory matters for municipal light rail systems under the jurisdiction of the City of Ottawa.

Whereas the City is undertaking the design, construction, maintenance, and operation of a light rail transit system known as the Confederation Line, including the regulatory oversight of related safety and security matters;

And Whereas the planned Confederation Line is a “railway” within the meaning of the federal Canada Transportation Act, S.C. 1996 c. 10, as amended;

And Whereas Section 158 of the Canada Transportation Act provides the Federal Minister of Transport with the authority to enter into an agreement with a provincial authority to authorize the provincial authority to regulate the design, construction, operation, safety and security of a railway as well as the rates and conditions of service in the same manner and to the same extent as it may regulate a railway within its jurisdiction;

And Whereas pursuant to Section 12.17 of the City of Ottawa Act, 1999, S.O. 1999, c. 14, Sched. E and pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, the City has authority to operate and maintain passenger transportation systems;

And Whereas the Federal Minister of Transport and the City of Ottawa, a municipality established by the Province of Ontario pursuant to the City of Ottawa Act, 1999, entered into an agreement to confirm that the City is authorized to regulate the design, construction, operation, safety and security of, as well as the rates and conditions of service of, any Ottawa light rail transit system in the same manner and to the same extent as the City may regulate a railway within its jurisdiction;

And Whereas the City may regulate the Confederation Line and other light rail transit systems by way of by-laws, guidelines, policies, regulations, rules, standards, safety and security management systems and by similar means or practices;

And Whereas Council of the City deems it in the public interest to regulate the Confederation Line and other light rail transit systems by various forms or means of regulation;

Therefore the Council of the City of Ottawa enacts as follows:

Section 1 - Definitions

In this by-law:

“Canada Transportation Act” means Canada Transportation Act, S.C. 1996 c. 10, as amended, and includes any regulations passed thereunder, and may also be referred to as “CTA” for the purposes of this by-law;

“Capital Railway” (or “Trillium Line”) means the railway owned and operated by the City, for which the City of Ottawa has been issued a Certificate of Fitness under the Canada Transportation Act;

“City Manager” means the City Manager of the City, or authorized representative;

“City of Ottawa” means the municipality known as the City of Ottawa as established under the City of Ottawa Act, 1999, S,O. 1999, c.14, Sched. E, as amended, and may also be referred to as “the City”;

“Confederation Line” means the existing or future municipal light rail system and right-of-way between the Tunney’s Pasture and Blair Rapid Transit Stations, or other inter-connected locations, as approved by Council;

“Director, Rail Implementation” means the Director, Rail Implementation, in the Rail Implementation Office of the City, or authorized representative;

“General Manager, Transit Services” means the General Manager of Transit Services of the City, or authorized representative;

“Light Rail Regulatory Monitor and Compliance Officer” means the individual appointed as Light Rail Regulatory Monitor and Compliance officer by the City for the purposes of the Confederation Line and other LRT Railways, and may also be referred to as “Compliance Officer”;

“LRT Railway” means any municipal light rail transit system designed, constructed, operated, or maintained by, or on behalf of, the City, including any expansions or modifications made thereto, and located generally within the City and between any point in the City and any point outside the City including any point outside Ontario; and, for greater certainty for the purposes of this by-law, LRT Railway includes the Confederation Line but does not include the Capital Railway;

“LRT Regulations” means the by-laws, guidelines, policies, regulations, rules, standards, safety management systems and security management systems, contracts and agreements (including the Project Agreement), or similar, or portions thereof, adopted by the City from time to time and designated or confirmed by the City Manager as being in the nature of, or having as a purpose, the regulation of the design, construction, operation, maintenance, or the safety and security of, as well as the rates and conditions of service of, LRT Railways;

“Minister” means the Federal Minister of Transport;

“Project Agreement” means the Project Agreement dated February 12, 2013 made between the City and Rideau Transit Group relating to the design, construction, financing, and maintenance of the Confederation Line;

“Rail Implementation Office” means the Rail Implementation Office of the City, and may also be referred to as “RIO”; and,

“Transit Services Department” means the Transit Services Department of the City.

Section 2 - Adoption of LRT Regulations

  1. Through the terms of the Project Agreement, the City shall continue to regulate certain aspects of the Confederation Line by way of certain designated contractual commitments and requirements and for so long as these particular commitments or requirements remain in force and effect under the Project Agreement.
  2. The City may supplement the LRT Regulations for the Confederation Line adopted through the terms of the Project Agreement with other forms or means of the LRT Regulations, other than by-laws, that may be adopted from time to time by the City Manager, the Director, Rail Implementation, the General Manager of Transit Services, or others as may be further authorized by Council.
  3. The City may adopt LRT Regulations that may apply to LRT Railways other than the Confederation Line through various forms and means of LRT Regulations as the City may determine appropriate at the time, having regard to the scope and nature of the LRT Railway, the activity or condition to be regulated and other relevant circumstances and factors.
  4. All LRT Regulations adopted by the City through various forms and means shall specify to whom they apply, including any or all of City employees, contractors, suppliers, agents, representatives, passengers, or the general public.
  5. Any LRT Regulation adopted by means other than by-law may be repealed, terminated, rescinded, resolved, modified, supplemented or otherwise amended by the City Manager as may be required and deemed appropriate for the proper regulation, administration, management, security and safety of the LRT Railways, subject to Council direction.

Section 3 - Establishment of position and appointment of Light Rail Regulatory Monitor and Compliance Officer

  1. The position of Compliance Officer of the City for the purposes of LRT Railways is hereby established.
  2. Council shall appoint a person to the position of Compliance Officer of the City for the purposes of LRT Railways for a term of five years, with any renewal thereof to be determined by Council.
  3. The Compliance Officer is independent of the Transit Services Department and of the Rail Implementation Office.
  4. Only Council may revoke the appointment of the Compliance Officer.

Section 4 - Duties and responsibilities of Light Rail Regulatory Monitor and Compliance Officer

  1. In accordance with the provisions of this by-law and as may be directed by Council, the Compliance Officer shall review, investigate, and monitor compliance with the LRT Regulations by those persons or entities to whom the LRT Regulations apply.
  2. The Compliance Officer shall establish such protocols and procedures that are necessary to conduct his or her duties under this by-law.
  3. Without limiting or compromising the independent nature of the position as set out in subsection 3(3), the Compliance Officer shall report to and be under the general supervision of the City Manager and shall meet on a quarterly basis with the City Manager to review compliance with the LRT Regulations.
  4. The Compliance Officer shall not have any power or authority to administer or enforce the Project Agreement (or related ancillary agreements) on behalf of the City. This power and authority shall be exercised by the City Representative and his or her authorized designees as permitted, and for such activities and time periods as are specified, by the Project Agreement.

Section 5 - Duty to furnish information and access to information

  1. Subject to and within the limits of applicable legislation, the Project Agreement or any other applicable contracts and agreements, the City shall provide the Compliance Officer with such information regarding LRT Railways and related City services, departments, operations, staff, or matter, as the Compliance Officer believes to be necessary, relevant, and essential to conduct his or her duties under this by-law.
  2. Subject to and within the limits of applicable legislation, the Project Agreement or any other applicable contracts and agreements, the Compliance Officer shall have access to all books, records, property, or other information or material in the possession or control of the City, or that the City has contractual rights of access to, that the Compliance Officer believes to be necessary, relevant, and essential to perform his or her duties under this by-law.
  3. The Compliance Officer shall only use the foregoing books, records, property and other information and material for the sole purpose of performing his or her duties and responsibilities as set out in this by-law.

Section 6 - Duty of Confidentiality

The Compliance Officer, and any person acting under his direction, shall keep confidential and preserve the secrecy of all information and matters that come into his or her knowledge in the course of the Compliance Officer’s duties under this by-law, except as may be required to conduct his or her duties under this by-law, including reporting to Council, and as may otherwise be required by law.

Section 7 - Work plan

On a date to be determined by Council, the Compliance Officer shall provide to Council for approval a recommended multi-year work plan setting out the subject matter of the Annual Compliance Reports to be submitted in the following and subsequent years.

Section 8 - Reporting

  1. The Compliance Officer shall produce an Annual Compliance Report regarding compliance with LRT Regulations.
  2. On a date to be determined by Council, the Compliance Officer shall provide written notice to Council for information of the tabling of the Annual Compliance Report with Transit Commission on a specified date.
  3. No less than 30 days prior to provision of notice to Council under Subsection (1), the Compliance Officer shall provide the City Manager with a draft copy of the Annual Compliance Report, and the City Manager shall prepare a management response to the Annual Compliance Report.
  4. The Annual Compliance Report together with the management response shall be considered by Transit Commission at the date specified in the notice provided under subsection (1), for final information or approval of Council at a subsequent date.
  5. The form and required content of the Annual Compliance Report to be provided by the Compliance Officer pursuant to subsection (1) shall be as set out in the work plan approved by Council as provided in Section 7.
  6. Council may require the Compliance Officer to report on a more frequent or other basis.
  7. Council may direct the City Manager or other official or employee of the City to take action in respect of any information or finding of the Compliance Officer in the Annual Compliance Report or other report.

Section 9 - City Manager

The City Manager is responsible for ensuring compliance with the LRT Regulations.

Section 10 - Accident investigations

  1. The City Manager is authorized to undertake accident investigations in relation to an LRT Railway and to enter into services or support contracts with external parties or agencies as deemed necessary by the City Manager to provide accident investigation services to the City.
  2. The exercise of authority by the City Manager pursuant to Subsection (1) shall be reported to Council as soon as practicable.
  3. The General Manager, Transit Services, the Director, Rail Implementation, and any other person or entity directed by the City Manager shall adopt and implement accident investigation, assessment, and reporting policies, procedures and guidelines that are to be applied and followed in respect of potential accidents that may occur in relation to the operation and maintenance of an LRT Railway.

Section 11 - Short title

This by-law may be referred to as the “Light Rail Regulatory Monitor and Compliance Officer and LRT Regulation By-law”.

Sections 12 and 13 - Effective date

  1. Sections 1, 2, 3, 9, 10 and 11 of this by-law shall come into force and effect upon enactment.
  2. Sections 4, 5, 6, 7 and 8 of this by-law shall come into force and effect on the date Council appoints the Compliance Officer.

Enacted and passed this 14th day of October 2015.