The Transportation Modernization Act (TMA) of 2018 introduced temporary requirements for class 1 rail carriers to report service and performance information (which is reported publicly) and waybill data (which is confidential). The government has now announced the permanent regulations to replace the temporary requirements.

The draft regulations were published in the Canada Gazette, Part I on Saturday, May 7. Interested stakeholders have until Wednesday, July 6 to provide feedback to Transport Canada on the proposed regulations.

The New Regulations

The new regulations are expected to enhance the service-related information that will continue to be made available on a weekly basis. In addition to the service data, the railways are also reporting waybill data, and the new regulations will maintain this requirement. Unlike the service related information, the waybill data will be confidential for internal use by Transport Canada and the Canadian Transportation Agency.

The Canada Gazette notice is a lengthy document that has two main sections. Section 1 is the Regulatory Impact Analysis Statement and section 2 is the draft regulation, entitled Regulations Amending the Transportation Information Regulations (Freight Rail Data).

Railway Age magazine published a concise report on the Minister’s announcement and the draft regulations.

The FMA Rail Committee met recently and were briefed by officials from the Rail Policy Directorate at Transport Canada on the draft regulations.

Formal submissions on the draft regulations are due by the deadline of July 6. The Coalition of Rail Shippers (CRS), which is chaired by FMA, prepared a submission with recommendations supported by the broad shipper community which were formally submitted to Transport Canada last week.

Regards,

R. H. Ballantyne, P. Eng.
Special Advisor
Freight Management Association of Canada
(613) 599-8993 ext. 3
ballantyne@fma-agf.ca