...
General - Prescribed persons
A railway carrier, or a person who is employed by or is acting directly or indirectly for a railway carrier, is a prescribed person for the purposes of section 7.3 of the Act.
Security Plan and Security Plan Training
Application - security-sensitive dangerous goods
(1) Sections 10 to 13 apply only to railway carriers that transport and railway loaders that offer for transport or handle any of the security-sensitive dangerous goods set out in Schedule 1.
Precision
(2) For greater certainty, paragraph 10(1)(g) does not apply to railway loaders.
SOR/2019-113, s. 33
Security plan
(1) A railway carrier or railway loader is required to implement a security plan that
(a) is in writing;
(b) identifies, by job title, a senior manager responsible for the plan's overall development and implementation;
(c) describes the railway carrier's or railway loader's organizational structure, identifies the departments that are responsible for implementing the plan or any portion of it and identifies every position whose incumbent is responsible for implementing the plan or any portion of it;
(d) describes the security duties of each identified department and position;
(e) sets out a process for notifying each person in a position referred to in paragraph (b) or (c) and who is responsible for implementing the plan or any portion of it that the plan or that portion of it must be implemented;
(f) includes an assessment of the security risks associated with the offering for transport, handling or transport of the dangerous goods set out in Schedule 1 that the railway carrier or railway loader offers for transport, handles or transports;
(g) sets out a process for security inspections referred to in section 7, including
(i) a procedure for conducting security inspections,
(ii) a method for determining whether security has been compromised,
(iii) a method for determining whether additional security inspections are necessary when, given the circumstances, security could be compromised, and
(iv) a method for addressing the situation, if it is determined that security has been compromised;
(h) sets out measures to prevent access by unauthorized persons to the dangerous goods set out in Schedule 1 and to the railway vehicles used to transport those dangerous goods;
(i) sets out measures to verify information provided by candidates for positions that involve access to the dangerous goods set out in Schedule 1;
(j) sets out a policy on limiting access to security-sensitive information and sets out measures for the sharing, storing and destruction of that information;
(k) sets out measures to address other security risks identified in the assessment referred to in paragraph (f);
(l) sets out a program for the security awareness training required under section 14 and the security plan training required under section 11; and
(m) sets out measures to respond to a security incident and for reporting it.
Implementation
(2) The railway carrier or railway loader must
(a) make the most recent version of the security plan or any portion of it available to each person who is responsible for implementing the plan or that portion of it;
(b) review, and if necessary revise, the plan at least once a year;
(c) revise the plan if a change in circumstances is likely to affect the security risks identified in the assessment referred to in paragraph (1)(f);
(d) notify without delay the persons referred to in paragraph (a) of any significant revisions to the plan; and
(e) provide a copy of the plan to the Minister upon his or her request.
Commensurate measures
(3) The measures required under subsection (1) and under subsection 7.3(2) of the Act must be commensurate with the security risks identified in the assessment referred to in paragraph (1)(f).
Pre-existing plan
(4) For greater certainty, nothing in this section requires a railway carrier or railway loader to develop a security plan if it already has a plan that meets the requirements of subsections (1) and (3).
SOR/2019-113, s. 34
Persons required to undergo security plan training
(1) A person who is employed by or is acting directly or indirectly for a railway carrier or railway loader to which this section applies is required to undergo training on the security plan if that person
(a) offers for transport, handles or transports by railway vehicle, in Canada, any of the dangerous goods set out in Schedule 1; or
(b) is responsible, in Canada, for implementing the security plan or any portion of it but does not perform any of the duties referred to in paragraph (a).
Provision of training
(2) The railway carrier or railway loader must ensure that training on the security plan is provided to the person
(a) before the day on which the person initially undertakes the duties referred to in paragraph (1)(a), unless the person has, before that date, received training that meets the requirements of section 12;
(b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the responsibility referred to in paragraph (1)(b), unless the person has, before that date, received training that meets the requirements of section 12; and
(c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any training received before the coming into force of this subsection that meets the requirements of section 12.
Supervision
(3) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (1)(b) undergoes training on the security plan, the person performs their duties under the supervision of a person who has undergone training on the components of the plan that are relevant to the duties of the person being supervised.
SOR/2019-113, s. 34
Training topics
Training on the security plan must cover the following topics:
(a) the railway carrier's or railway loader's security objectives;
(b) the railway carrier's or railway loader's organizational structure with respect to security;
(c) the railway carrier's or railway loader's security procedures;
(d) the security duties of the person who is undergoing the training and any other security duties that are relevant to their duties; and
(e) the security plan measures that, in theevent of a security incident, are relevant to the duties of the person undergoing the training.
SOR/2019-113, s. 34
Training on revised plan
If a railway carrier or railway loader revises the security plan under subsection 10(2) in a way that significantly affects the duties referred to in subsection 11(1), it must ensure that a person with those duties is provided with training on the revisions as soon as possible but not later than 90 days after the day on which the plan is revised.
SOR/2019-113, s. 34
Security awareness training
(1) A railway carrier or railway loader must ensure that security awareness training is provided on the following topics:
(a) the security risks that are posed by the dangerous goods that the railway carrier or railway loader offers for transport, handles or transports;
(b) the measures that are designed to enhance rail security; and
(c) the recognition of and response to potential threats and other security concerns.
Persons required to undergo training
(2) A person who is employed by or is acting directly or indirectly for the railway carrier or railway loader is required to undergo the security awareness training if the person
(a) offers for transport, handles or transports dangerous goods by railway vehicle, in Canada; or
(b) has duties, in Canada, regarding the security of the transportation of dangerous goods by railway vehicle but does not perform any of the duties referred to in paragraph (a).
Provision of training
(3) The railway carrier or railway loader must ensure that the security awareness training is provided to the person
(a) before the day on which the person initially undertakes the duties referred to in paragraph (2)(a), unless the person has, before that date, received an equivalent training;
(b) within six months after the later of the day on which this subsection comes into force and the day on which the person initially undertakes the duties referred to in paragraph (2)(b), unless the person has, before that date, received an equivalent training; and
(c) on a recurrent basis at least once every three years after the day on which a person completed their previous training, including any equivalent training received before the coming into force of this subsection.
Supervision
(4) The railway carrier or railway loader must ensure that, until a person with the duties referred to in paragraph (2)(b) undergoes security awareness training, the person performs their duties under the supervision of a person who has undergone that training.
SOR/2019-113, s. 34
Training records
(1) A railway carrier or railway loader must have a training record for each person who has undergone training under section 11, 13 or 14.
Contents of training record
(2) The training record must include
(a) the person's name and details of the most recent training session that the person has received under each section, namely the date, the duration, the course title, the delivery method, the components of the security plan that were covered, if applicable, and the name of the training provider; and
(b) the title and date of each training session that the person has previously followed under each section.
Retention period
(3) The railway carrier or railway loader must retain the record for at least two years after the day on which the person ceases to be employed by or act directly or indirectly for the railway carrier or railway loader.
SOR/2019-113, s. 34