CONSOLIDATION

Locomotive Voice and Video Recorder Regulations

SOR/2020-178

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Shaded provisions in this document are not in force.

Current to June 20, 2022

TABLE OF PROVISIONS Locomotive Voice and Video Recorder Regulations

General Provisions 1

Definitions

Application

Installation of LVVR system

Signage requirement

Technical Requirements 5

LVVR system

Environmental standards

Crashworthiness

Microphones — voice quality

Cameras — video quality

Coordinated Universal Time

Test recordings

Data Management Requirements 12

Policy and procedures

Accountable executive

Authorized persons — voice and video data

Authorized persons — training

Safeguards — LVVR system

Clarification

Virtual storage provider

Record of data access or download

Communication Requirements 20

Request from Minister or inspector

Secure communications

Communications with TSB

Playback of data

Current to June 20, 2022

ii

Locomotive Voice and Video Recorder Regulations TABLE OF PROVISIONS

Accident and Incident Investigations 24

Accessing and using data — conditions

Data collection

Random Selection 26

Process

Use of voice and video data

Submission of random selection policy to Minister

Request by Minister

Threats to Safety of Railway Operations 30

Prescribed threats

Employee access to data

Preservation and Erasure of Voice and Video Data 32

Erasure of data — storage locations

Erasure of data — when purpose achieved

Record Keeping 34

Accessing or using voice or video data

Record of random selection

Data use — threats to safety of railway operations

Erasure of voice or video data

Copies kept in Canada

Consequential Amendments to the Railway Safety Administrative Monetary Penalties Regulations Coming into Force *41

Second anniversary

Current to June 20, 2022

iv

Registration SOR/2020-178

August 25, 2020

RAILWAY SAFETY ACT Locomotive Voice and Video Recorder Regulations

P.C. 2020-571

August 23, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 17.95a, subsection 37(1)b and section 40.1c of the Railway Safety Actd, makes the annexed Locomotive Voice and Video Recorder Regulations.

a

S.C. 2018, c. 10, s. 62

b

S.C. 2015, c. 31, s. 31

c

S.C. 2012, c. 7, s. 31

d

R.S., c. 32 (4th Supp.)

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations

General Provisions Definitions 1 The following definitions apply in these Regulations.

Act means the Railway Safety Act. (Loi) conductor means an employee who is in charge of the operation of a movement of railway equipment. (chef de train) controlling locomotive means the railway equipment from which an operating employee controls the movement of the locomotive and any other railway equipment connected to the locomotive. (locomotive de commande) locomotive engineer means an employee who is in control of the locomotive. (mécanicien de locomotive) LVVR system means a locomotive voice and video recorder system. (système d’EAVL) operating employee means an employee who performs the duties of a conductor or locomotive engineer. (membre du personnel de l’exploitation) TSB means the Canadian Transportation Accident Investigation and Safety Board. (BST) Application 2 These Regulations apply to a company that meets at

least one of the following criteria: (a) the company realized gross revenues of at least $250 million for the provision of rail services in Canada in each of the two preceding calendar years and operates controlling locomotives on five miles or more of track in Canada; (b) the company operates a passenger train service within a municipality or between adjacent municipalities; (c) the company has 15 or more operating employees,

operates controlling locomotives on 20 miles or more of track in Canada, operates at least one controlling locomotive at a speed of more than 25 miles per hour,

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations General Provisions Sections 2-4

and, if the company transports freight, generates more than 10% of its gross ton miles on track in Canada. Installation of LVVR system 3 (1) A company must ensure that an LVVR system is installed in every controlling locomotive that it operates.

Exceptions (2) However, a company is not required to ensure that an LVVR system is installed in a controlling locomotive that is a (a) steam locomotive; (b) heritage locomotive that is used exclusively for

tourist railway services that travels no further than a round trip of 150 miles at a speed of no more than 25 miles per hour; (c) locomotive in yard service that is used exclusively in switching, marshalling, humping, trimming and industrial switching; (d) locomotive that is being used for testing and evaluation purposes; or (e) locomotive that the company intends to decommission within 18 months after the day on which these Regulations come into force.

Signage requirement 4 A company must ensure that the interior of every controlling locomotive fitted with an LVVR system has signage, written in both official languages of Canada and in a font that is clear and readable from the furthest point from the signage in the controlling locomotive, that (a) notifies persons in the controlling locomotive that

they are subject to audio and video recording; and (b) includes the following statements: “It is prohibited

by law for any person to do anything, including altering the locomotive voice and video recorder system, with the intent to prevent information from being recorded, collected or preserved.” and “Il est interdit par la loi à quiconque de prendre une quelconque mesure, notamment d’altérer le système d’enregistrement audio et vidéo de locomotive, dans l’intention d’empêcher l’enregistrement, la collecte ou la conservation de renseignements.”

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Technical Requirements Sections 5-7

Technical Requirements LVVR system 5 A company must ensure that an LVVR system (a) is equipped with at least one crash-protected memory module; (b) continuously records voice and video data from the time the controlling locomotive engine is turned on until it is turned off; (c) does not record data when the controlling locomotive engine is turned off; (d) stores 48 hours of data on at least one crash-protected memory module; (e) automatically and permanently erases from any crash-protected memory module any data other than the most recent 48 hours of data that was stored by the LVVR system on the module; (f) is equipped with an alternate power supply or with

a controlled shutdown feature that allows for a complete shutdown of the LVVR system in the event of a power interruption; and (g) restarts automatically when power is restored to the controlling locomotive engine.

Environmental standards 6 A company must ensure that, on installation, an LVVR

system meets the environmental criteria respecting vibration, shock, bump and temperature testing set out in standard EN 50155:2017, Railway applications — Rolling stock — Electronic equipment, published by BSI Standards Limited, on October 31, 2017, as amended from time to time.

Crashworthiness 7 A company must ensure that a crash-protected memory module (a) is installed in a controlling locomotive in the location that offers the most protection; and

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Technical Requirements Sections 7-9

(b) meets, on installation or replacement, the crashworthiness requirements set out in standard 1482.1-2013, IEEE Standard for Rail Transit Vehicle Event Recorders, published by the Institute of Electrical and Electronic Engineers on March 6, 2014, as amended from time to time.

Microphones — voice quality 8 (1) A company must ensure that an LVVR system is equipped with one or more microphones that, collectively, are capable of clearly recording (a) the voices of the operating employees and their communications; and (b) aural warnings in the controlling locomotive, including alarms. Technical requirements (2) The company must ensure that every microphone (a) has its own recording channel; (b) if it is used to record the voices of operating employees, records frequencies from 150 Hz to 3.5 kHz; and (c) if it is used to record aural warnings in the controlling locomotive, records frequencies from 150 Hz to 6 kHz.

Placement of microphones (3) The company must ensure that the microphones are positioned in the controlling locomotive in a manner that allows the recording of (a) the voice of the locomotive engineer, clearly and

distinctly from the voice of the conductor; (b) the voice of the conductor, clearly and distinctly

from the voice of the locomotive engineer; and (c) safety-related sounds and aural warnings in the controlling locomotive, including alarms.

Cameras — video quality 9 (1) A company must ensure that an LVVR system is equipped with one or more cameras that record at a minimum frame rate of 15 frames per second (a) clear video in all lighting conditions;

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Technical Requirements Sections 9-10

(b) video with a resolution sufficient to determine the status of instrument displays in the controlling locomotive; and (c) video with a resolution sufficient to determine the

reactions of the operating employees, including their facial features and expressions.

Placement of cameras (2) The company must ensure that the cameras are positioned in the controlling locomotive in a manner that allows the recording of (a) the portion of the interior of the controlling locomotive where the operating employees carry out their work; (b) an unobstructed view of the instruments and controls required to operate the controlling locomotive; and (c) an unobstructed view of the faces and upper bodies of operating employees at a distance close enough to discern their facial features and expressions.

Additional cameras (3) For greater certainty, a company that has satisfied

the requirements set out in subsections (1) and (2) may equip an LVVR system with additional cameras that do not meet those requirements. Coordinated Universal Time 10 (1) A company must ensure that the voice and video data recorded by an LVVR system has accurate date and time stamps that are expressed in Coordinated Universal Time (UTC).

Synchronization requirements (2) The company must ensure that (a) the date and time stamps of the voice data that is recorded by each microphone of an LVVR system are synchronized, to the second, with the date and time stamps of the video data that is recorded by each camera of that system; (b) the date and time stamps of the voice and video

data recorded by an LVVR system are synchronized, to the second, with the date and time stamps of (i) locomotive event recorder data,

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Technical Requirements Sections 10-11

(ii) global positioning system (GPS) data, if applicable, and (iii) the video data recorded by any outward-facing

camera. Playback synchronization (3) The company must ensure that the voice and video data recorded by an LVVR system is capable of being automatically synchronized on a playback system.

Synchronization testing (4) The company must carry out a test of each LVVR system at least once every 12 months to verify compliance with the synchronization requirements set out in subsection (2).

Record keeping (5) The company must keep a record of each test carried out under subsection (4) for a period of six years after the day of the test and provide a copy to the Minister on request.

Test recordings 11 (1) A company must ensure that test recordings are

carried out for each LVVR system installed in a controlling locomotive operated by the company to demonstrate that the system meets the requirements set out in section 8, paragraphs 9(1)(b) and (c) and subsections 9(2), 10(3) and 23(1). Frequency (2) The test recordings must be carried out in respect of

an LVVR system once per year and at each of the following times: (a) on installation of the system in the controlling locomotive, if the company itself installs the system; (b) prior to the company’s initial operation of the controlling locomotive, if the company itself did not install the system; and (c) each time a component of the system is repaired, replaced or updated.

Retention of test recordings (3) The company must keep the test recordings required under subsection (1) for a period of six years after the day on which they are carried out and provide a copy to the Minister on request.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Data Management Requirements Sections 12-14

Data Management Requirements Policy and procedures 12 (1) A company must develop, implement and make available to all employees a written policy that includes (a) a description of the purposes under section 17.91 of the Act for which the company intends to record, collect or preserve voice and video data; (b) procedures for collecting, communicating, accessing and using voice and video data; and (c) procedures for record keeping.

Retention of policy (2) The company must keep the policy while it is in effect

and for a period of six years after the day on which it is replaced and provide a copy to the Minister on request.

Accountable executive 13 (1) A company must designate a member of senior management who is responsible for the operations of the company as the accountable executive to be accountable for meeting the requirements of these Regulations, including implementing the policy referred to in section 12.

Notice to Minister (2) The company must submit to the Minister, within 30

days after the designation, the name and title of the accountable executive and a statement signed by that person confirming that they accept the responsibilities of the position. Authorized persons — voice and video data 14 (1) A company must designate the persons it authorizes to take one or more of the following actions and make a record of their names and positions: (a) collecting voice and video data from a crash-protected memory module or from any other storage location where such data is automatically stored; (b) communicating voice and video data; and (c) accessing and using voice and video data for the purposes of paragraph 17.91(1)(a) or (b) or subsection 17.91(3) of the Act, as applicable.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Data Management Requirements Sections 14-16

Prohibition (2) For the purposes of paragraph (1)(c), the company

must not designate any person who directly manages operating employees to access or use voice and video data under paragraph 17.91(1)(a) of the Act.

Requirement (3) A company must ensure that only a person authorized to take the action referred to in paragraph (1)(a), (b) or (c) takes that action. Record keeping (4) The company must keep any record required under subsection (1) while it is current and for a period of six years after the day on which it is revised and provide a copy to the Minister on request.

Authorized persons — training 15 (1) A company must provide training on the policy required under section 12 to each person designated under subsection 14(1) before the person takes any actions referred to in paragraphs 14(1)(a) to (c).

Additional training (2) If the company makes any changes to the policy, the company must provide training on the changes to each person designated under subsection 14(1).

Safeguards — LVVR system 16 (1) A company must ensure that an LVVR system is equipped with physical safeguards that are designed to prevent tampering, including reducing the field of view of the cameras.

Safeguards — voice and video data (2) A company must ensure that crash-protected memory modules and any other storage locations containing voice or video data that was recorded in a controlling locomotive operated by the company are subject to safeguards that are designed to prevent unauthorized access to the data, including physical safeguards such as locked filing cabinets and restricted access to offices, organizational safeguards such as requiring a continuous chain of custody and technological safeguards such as the use of passwords and encryption.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Data Management Requirements Sections 17-19

Clarification 17 For greater certainty, even if a company uses a storage provider operated by a third party to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company is responsible for complying with the provisions of the Act and these Regulations in respect of that data. Virtual storage provider 18 If a company uses a virtual storage provider, including a cloud storage provider, to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company must ensure that the provider is accredited under a current internationally recognized standard respecting information security management systems.

Record of data access or download 19 (1) A company must ensure that any technological means it uses to access or download voice or video data from a crash-protected memory module, or any other storage location where such data is automatically stored, automatically generates an unalterable record each time such data is accessed or downloaded.

Contents of record (2) The record must include the following information: (a) an electronic signature that uniquely identifies the

person who accessed or downloaded the voice or video data; (b) the date and time the data was accessed or downloaded; (c) the date and time stamps of the data; and (d) the number or other identifier that uniquely identifies the controlling locomotive in which the data was recorded.

Monthly report (3) The company must, on a monthly basis, make available to all operating employees a report that includes the information referred to in subsection (2) that was generated during the preceding month.

Retention of documents (4) The company must keep the records and reports described in subsections (1) and (3) for a period of six years

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Data Management Requirements Sections 19-23

after the day on which they are created and provide a copy to the Minister on request.

Communication Requirements Request from Minister or inspector 20 On receipt of a request to obtain, for use by the Minister under paragraph 17.92(1)(b) or (c) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate the data to the Minister or the railway safety inspector, as the case may be.

Secure communications 21 If a company communicates voice or video data that was recorded in a controlling locomotive operated by the company, it must communicate the data in a format that prevents unauthorized access.

Communications with TSB 22 (1) If a company communicates to the TSB voice or

video data that was recorded in a controlling locomotive operated by the company, it must provide the software and equipment required to use the data, either in advance of or at the time that it communicates the data. Communications with Minister (2) If a company is required to communicate voice or

video data that was recorded in a controlling locomotive operated by the company to the Minister, the company must transfer the data to the Minister and, on request, provide the software and equipment required to use the data. Communications with railway safety inspector (3) If a company is required to communicate voice or

video data that was recorded in a controlling locomotive operated by the company to a railway safety inspector, the company must make the data available to the inspector. Playback of data 23 (1) A company must ensure that voice and video data

is capable of being played back in such a way that (a) the communications of the operating employees are understandable; and

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Communication Requirements Sections 23-24

(b) the voice of each operating employee is identifiable and clearly distinguishable.

Playback system (2) A company must ensure that any playback system used to review voice or video data allows for an uninterrupted review of the data and includes play, pause, rewind and fast-forward functions.

Accident and Incident Investigations Accessing and using data — conditions 24 (1) A company must not access or use, for the purpose of paragraph 17.91(1)(b) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company unless it (a) has identified that the controlling locomotive was

involved in the accident or incident; and (b) has reason to believe that activities in the controlling locomotive caused or contributed to the accident or incident.

Accessing and using data — types (2) For the purpose of paragraph 17.91(1)(b) of the Act, the voice and video data that a company may access and use is the data from the controlling locomotive involved in the accident or incident that was recorded (a) during the shift of any operating employee who

was present when the accident or incident occurred; and (b) during a shift immediately preceding a shift referred to in paragraph (a) if, prior to accessing or using the data, the company has notified all operating employees who are present on the recording, and any bargaining agents representing those employees, that it intends to use the data.

Clarification (3) For greater certainty, if, at the time of an accident or

incident, a company cannot identify which controlling locomotive was involved, the company must not use voice or video data for the purpose of making that determination.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Accident and Incident Investigations Sections 25-26

Data collection 25 On receipt of a request for voice or video data related to an accident or incident for use by the Minister under subsection 17.92(1) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, a company must ensure that, before the data is permanently erased, it is collected from the crash-protected memory module or any other storage location where the data is automatically stored, and preserved in another storage location.

Random Selection Process 26 (1) To randomly select voice and video data as required by subsection 17.91(2) of the Act, a company must use a random number generator to select, in the following order, (a) the day of the month from which the data will be selected; (b) the controlling locomotives from which the data will be selected; and (c) a maximum of three start times, to the minute, for

each of the controlling locomotives. Random selection (2) The company must ensure that, when making the selections set out in subsection (1), no day, controlling locomotive or start time has a greater likelihood of being selected than another.

Selecting the day of the month (3) For the purpose of paragraph (1)(a), the company

must use the random number generator during the week preceding the beginning of the month. Selecting controlling locomotives (4) For the purpose of paragraph (1)(b), the company

must select at least two controlling locomotives from among all of the controlling locomotives that the company is scheduled to operate in Canada on the day selected under paragraph 1(a). The number of controlling locomotives selected must not exceed 10% of the controlling locomotives that the company is scheduled to operate in Canada on that day.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Random Selection Sections 26-28

Selecting start times (5) For the purpose of paragraph (1)(c), the company

may include parameters to ensure that the selected start times are chosen from among the times that the controlling locomotives are scheduled to operate. Obligation to download (6) A company must download 30 minutes of voice and

video data beginning from each selected start time before the data is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored.

Prohibition — maximum of 30 minutes (7) A company must not download more than 30 minutes of voice and video data beginning from each selected start time. Prohibition — repeated selection process (8) A company must not perform the selections set out in

paragraph (1)(a) to (c) more than once in respect of a given month. Random selection policy (9) A company must develop and implement a written

random selection policy that (a) identifies the persons in the company who are authorized to perform the selections set out in subsection (1); (b) ensures that no person who schedules or manages employees performs the selections set out in subsection (1) or influences any person who does; and (c) identifies and describes the random number generator that the company uses to perform the selections set out in subsection (1).

Use of voice and video data 27 For the purpose of paragraph 17.91(1)(a) of the Act, a company must use all voice and video data selected in accordance with section 26 within 30 days after downloading the data.

Submission of random selection policy to Minister 28 (1) A company must submit a copy of the random selection policy required under subsection 26(9) to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Random Selection Sections 28-30

Changes to policy (2) If a company changes its random selection policy after submitting it to the Minister, the company must submit a copy of the updated policy to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act.

Request by Minister 29 (1) On receipt of a request to obtain, for use by the

Minister under paragraph 17.92(1)(a) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate to the Minister data that (a) the company has randomly selected in accordance with any methodology provided by the Minister; (b) the Minister has randomly selected; or (c) the company has randomly selected for the purpose of paragraph 17.91(1)(a) of the Act.

List of controlling locomotives (2) For the purpose of paragraph (1)(b), a company must

provide to the Minister, on request, a list of its controlling locomotives that are scheduled to be in operation in Canada on any day or in any location selected by the Minister. Downloading data (3) A company must download all voice and video data

requested under subsection (1) before it is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored.

Threats to Safety of Railway Operations Prescribed threats 30 For the purpose of subsection 17.91(3) of the Act, a company may use voice and video data to address the following threats to the safety of railway operations: (a) an operating employee who uses a cellular telephone while on duty when normal railway radio communication systems are available, except as provided for in company policies;

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Threats to Safety of Railway Operations Sections 30-31

(b) an operating employee who assumes a sleeping position while on duty, except as provided for in company policies; (c) an operating employee who uses a personal entertainment device while on duty, except as provided for in company policies; (d) the presence of an unauthorized person in the

controlling locomotive; (e) an operating employee who is consuming or using

intoxicants or impairing drugs; (f) an operating employee who reads materials not required in the performance of their duties while on duty, except as provided for in company policies; and (g) operating employees who are within hearing range

of each other but who are not verbally communicating, in a clear and audible manner, information they are required to verbally communicate in accordance with rules approved or established by the Minister under sections 19 and 20 of the Act.

Employee access to data 31 If a company identifies a threat set out in section 30

when it is using voice or video data for the purposes of subsection 17.91(1) of the Act, the company must (a) as soon as possible, notify all identifiable persons

present on the recording of the data that the company has identified a threat on that recording; (b) within 30 days after the notice is provided under

paragraph (a), advise any employee the company has deemed responsible for the threat as to whether the data will be used to address the threat; (c) make the data available to any employee whom the company has deemed responsible for the threat, on request of the employee; and (d) before the data is made available under paragraph (c), notify any other person referred to in paragraph (a) that the data will be made available to the employee deemed responsible for the threat.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Preservation and Erasure of Voice and Video Data Sections 32-34

Preservation and Erasure of Voice and Video Data Erasure of data — storage locations 32 A company must ensure that voice and video data is permanently erased from any storage location where such data is automatically stored, other than a crash-protected memory module, before or at the same time as the corresponding data is permanently erased from a crashprotected memory module in accordance with paragraph 5(e).

Erasure of data — when purpose achieved 33 (1) If a company preserves voice or video data for

any purpose set out in sections 17.91 to 17.93 of the Act, the company must permanently erase the data from all storage locations as soon as the data is no longer required for that purpose. Exception — paragraph 17.91(1)(a) of the Act (2) Despite subsection (1), if a company uses voice or

video data for the purpose of paragraph 17.91(1)(a) of the Act, the company must permanently erase the data from all storage locations within 30 days after downloading the data. Exception — threat to safety of railway operations (3) Despite subsections (1) and (2), if a company preserves voice and video data for any purpose set out in subsection 17.91(1) of the Act and uses the data to address a threat to the safety of railway operations set out in section 30, the company must preserve the data for at least two years after the day on which the decision to address the threat was made and permanently erase the data from all storage locations as soon as the following conditions have been met: (a) two years have passed since the decision to address the threat was made; and (b) the data is no longer required for the purpose for

which it was preserved.

Record Keeping Accessing or using voice or video data 34 (1) Each time a company accesses or uses voice or

video data, the company must make a record that sets out

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Record Keeping Sections 34-35

(a) the name of the person who accessed or used the data; (b) the date and time the data was accessed or used; (c) the date and time stamps of the data; (d) the number or other identifier that uniquely identifies the controlling locomotive on which the data was recorded; and (e) the purpose for which the data was accessed or

used.

Communication of voice or video data (2) Each time a company communicates voice or video data to the TSB, the Minister or a railway safety inspector, the company must make a record that sets out (a) the purpose for which the data was communicated; (b) the date and time the data was communicated; (c) the name of the person who communicated the data; and (d) the name of any individual who received or, as applicable, viewed the data and the organization they represent.

Record keeping (3) The company must keep the records referred to in

subsections (1) and (2) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request. Record of random selection 35 (1) Each time a company randomly selects voice and video data for the purposes of paragraph 17.91(1)(a) or 17.92(1)(a) of the Act, the company must make a record that sets out (a) each selection made in accordance with subsection

26(1) or any methodology provided by the Minister under paragraph 29(1)(a), including the full data set from which each selection was made; (b) the name and position of the person who performed each selection; and (c) the voice and video data that was downloaded.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Record Keeping Sections 35-38

Record keeping (2) The company must keep the records referred to in

subsection (1) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request. Data use — threats to safety of railway operations 36 (1) Each time a company uses voice or video data to

address a threat to the safety of railway operations set out in section 30, the company must make a record that sets out (a) the purpose for which the data was used under

subsection 17.91(1) of the Act; (b) the threat to the safety of railway operations that was addressed; and (c) the day on which the decision to address the threat

was made. Record keeping (2) The company must keep the record referred to in

subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request. Erasure of voice or video data 37 (1) Each time a company permanently erases voice

or video data in accordance with section 33, the company must make a record that sets out (a) the method used to erase the data; (b) the date and time the data was erased; (c) all storage locations from which the data was

erased; and (d) the name and position of the person who erased

the data.

Record keeping (2) The company must keep the record referred to in

subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request. Copies kept in Canada 38 The company must keep at its principal place of business in Canada a copy of any record, test recording, policy and report that it is required to keep under these Regulations.

Current to June 20, 2022

Locomotive Voice and Video Recorder Regulations Consequential Amendments to the Railway Safety Administrative Monetary Penalties Regulations Sections 39-41

Consequential Amendments to the Railway Safety Administrative Monetary Penalties Regulations 39 [Amendments] 40 [Amendments]

Coming into Force Second anniversary 41 These Regulations come into force on the second anniversary of the day on which they are published in the Canada Gazette, Part II. *

*

[Note: Regulations in force September 2, 2022.]

Current to June 20, 2022

