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ARTICLE · 03 MARCH 2015

A Novel Cause Of Action Coming Down The Track And Other Railway Legislation Changes

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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Late last month, the federal government introduced Bill C-52, which, if enacted, will amend both the Canada Transportation Act (CTA) and the Railway Safety Act (RSA).

CanadaTransport
Dufferin Harper
Dufferin Harper
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Late last month, the federal government introduced Bill C-52, which, if enacted, will amend both the Canada Transportation Act (CTA) and the Railway Safety Act (RSA). The federal government also proposed new Railway Safety Management System Regulations (New SMS Regulations) under the RSA, which are intended to replace the existing SMS Regulations and expected to come into force on April 1, 2015.

Once implemented, the changes introduced through Bill C-52 and the New SMS Regulations (collectively referred to as Recommended Changes) will significantly alter the requirements imposed on federally regulated railway companies as well as non-federally regulated railway companies operating on federal railway tracks involved in the transport of dangerous goods, including oil. This article summarizes many of the Recommended Changes, including the introduction of a novel statutory cause of action against federally regulated railway companies based on loss of use of a

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