RAIL SAFETY N A F T A Canada-US Bilateral HarmonizationPath 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

Federally Regulated Railways - 31Provincially Regulated Railways - 50RAC Member Railways - 60

Canada = 10 Provinces & 3 TerritoriesTransport Canada = HQ + 5 RegionsSeveral Provinces using Federal regime

USA

Federally Regulated Railways - 31Provincially Regulated Railways - 50RAC Member Railways - 60

Canada = 10 Provinces & 3 TerritoriesTransport Canada = HQ + 5 RegionsSeveral Provinces using Federal regime

INTERNATIONAL REGULATORY

OPTIONS

• BILATERAL-MULTILATERAL• HARMONIZATION

–When possible & practicable

• RECIPROCITY–Minimize differences

• EXEMPTIONS/WAIVERS

LTSS(historical example)

LTSS identified 3 Operational Issues

• Crew Qualification Standards

• Hours of Service Rules

• Occupational Safety & Health Regulations

• Closer FRA-TC working relationship was established 1995

(both management & day-to-day operations)

• Process jointly developed to review compatibility of respective regulatory regimes

FRA-TCResponse

• 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)

TRWG

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

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

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

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

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.

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.

“Working Together”Better Understand Respective Regulatory Needs

Earlier Consultation & Co-operationLearn From Each Other’s Best Practices

Smart RegulationsInstrument of Choice

Progressive Regulator Facilitate SAFE Cross-border Trade

Thank You

Merci