As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Fatigue management

Recommendation 1

That Transport Canada, based on the latest science, and in consultation with labour representatives and other stakeholders, strengthen fatigue management rules for railway operators and require railway companies to do better in this area.

Ensuring predictable scheduling for rail workers

Recommendation 2

That Transport Canada, in consultation with labour representatives and other stakeholders, develop legislative and/or regulatory structures to ensure predictable scheduling for rail workers which reflect best practices for fatigue management.

Addressing the impact of deadheading on maximum duty periods

Recommendation 3

That Transport Canada, in consultation with labour representatives, review CN and CP rail’s draft fatigue management plans, to address the impact of deadheading on the maximum duty period and require advance work schedule notice to employees.

Establishing standards for away from home rest facilities

Recommendation 4

That Transport Canada, in consultation with labour representatives and other stakeholders, establish adequate standards for away-from-home rest facilities used by rail employees to ensure proper rest between shifts.

Fund – Feasibility studies

Recommendation 5

That the Government of Canada establish a fund to support feasibility studies on developing and relocating rail lines from urban areas.

Fund – Development and relocation projects

Recommendation6

That the Government of Canada consider establishing a fund to support priority projects to develop and relocate rail lines from urban areas.

Recommendations of the Auditor General of Canada

Recommendation 7

That Transport Canada commit to fully and expeditiously implementing the recommendations of the Auditor General of Canada in the Follow-up Audit on the Transportation of Dangerous Goods.

Reviewing SMS effectiveness

Recommendation 8

That Transport Canada undertake a comprehensive review of Safety Management Systems in the rail sector to assess its effectiveness in improving safety standards.

Measuring Transport Canada effectiveness and operator compliance

Recommendation 9

That Transport Canada develop comprehensive indicators, as suggested by the Auditor General of Canada’s report to measure the effectiveness of its rail safety oversight activities and compliance rates amongst operators, that these indicators be used to perform annual assessments of rail safety improvements and that the outcome be reported annually.

Following-up after compliance violations

Recommendation 10

That Transport Canada commit to consistent follow-up interventions following rail safety compliance violations to ensure operators have achieved compliance.

Reforming SMS regulations

Recommendation 11

That Transport Canada reform Safety Management System regulations to ensure that rail companies are sufficiently conducting risk assessments and addressing hazards.

Length of trains

Recommendation 12

That Transport Canada review the regulations to limit the length of trains to address safety and crossing-blockage concerns.

Unannounced on-site inspections

Recommendation 13

That Transport Canada significantly increase the number of unannounced on-site inspections to determine the safety of railway tracks, including rail company operations, and that such inspections be conducted by inspectors who are specialised in rail transportation.

Reporting accidents and incidents

Recommendation 14

That Transport Canada require rail operators to report all rail accidents and incidents identified by inspectors and company officials and that this information be made publicly available.

Ensuring adequate resources for Transport Canada

Recommendation 15

That the Government of Canada ensure Transport Canada has adequate resources for monitoring rail safety compliance, including hiring more rail inspectors.

Lac-Mégantic public inquiry

Recommendation 16

That the government launch an independent public inquiry into the Lac-Mégantic tragedy in order to investigate the incident and make recommendations to prevent a similar incident from happening again.

Lac-Mégantic bypass

Recommendation 17

That Transport Canada commit to building the Lac-Mégantic bypass as soon as possible and be transparent about its progress and completion timeline through consultation with Lac-Mégantic residents, landowners, and elected officials.

Lac-Mégantic bypass: maximum speed

Recommendation 18

That Transport Canada consider opting for a lower maximum speed on the Lac-Mégantic bypass than that proposed by Canadian Pacific and that this evidence-based approach be shared with the residents of Lac‑Mégantic.

Expanding requirements for information sharing with municipalities and emergency services

Recommendation 19

That Transport Canada develop legislative and/or regulatory structures to require rail companies operating in Canada to provide, in a timely manner, detailed information sharing on the passage of dangerous goods with appropriate municipal officials and emergency services, beyond the current requirements under the Transportation of Dangerous Goods Act.

Removing a potential conflict of interest relating to the jurisdiction of private railway police

Recommendation 20

That the Government of Canada amend Section 44 and 44.1 of the Railway Safety Act to remove the potential conflict of interest from the jurisdiction of private railway police in investigations involving their companies.

Expanding non-compliance enforcement

Recommendation 21

That Transport Canada increase non-compliance enforcement by imposing fines on railway operators that commit safety violations and by using an escalation in the case of continued violations, up to and including revoking licences.

Enshrining whistleblowing protections into legislation

Recommendation 22

That the Government of Canada enshrine adequate whistleblowing protections into legislation to ensure rail company employees can report safety concerns without intimidation or retribution.

Mandating training standards

Recommendation 23

That Transport Canada mandate appropriate standards for emergency response training along rail routes and that this training include emergency responses to derailments and dangerous goods fires.

Granting timely final approval to ERAPs

Recommendation 24

That, as recommended by the Commissioner of the Environment and Sustainable Development in 2020, Transport Canada work to finalize timely approval to emergency response assistance plans for the transportation of dangerous goods.

Improving data collection

Recommendation 25

That, as recommended by the Commissioner of the Environment and Sustainable Development in 2020, Transport Canada improve its data collection to provide more complete information on railway companies and their compliance status.

Undertaking public regional risk assessments

Recommendation 26

That Transport Canada undertake public regional risk assessments to assess the impact of increased rail activity on communities, First Nations and the environment in regions that have seen significant increase in the transportation of dangerous goods.

Mandating maximum response times

Recommendation 27

That Transport Canada mandate maximum response times as part of rail companies’ Emergency Response Assistance Plans for the transportation of dangerous goods.

Reducing the burden on municipalities and volunteer fire departments

Recommendation 28

That Transport Canada examine ways to reduce the burden on municipalities and volunteer fire departments for emergency responses to train accidents.

Improving railway companies’ relationships with municipalities and Indigenous communities

Recommendation 29

That rail companies work to improve their relationships with municipalities, Indigenous communities, and neighbouring properties affected by railway operations, including residents affected by railway operations, establishing forums for dialogue and community engagement concerning rail activity.

Improving Canada Transportation Agency (CTA) responses to complaints received

Recommendation 30

The Committee recommends that:

• the Canada Transportation Agency shall respond to complaints (noise, vibration, odour, etc.) with actionable and enforceable recommendations within 4 months of receiving a formal notice of complaint(s) from a local government and/or adjacent properties effected by railway operations;
• based on complaints received from neighbouring properties affected by railway operations, as per the above noted, limit hours of railway operations to exclude the resting hours between 23:00 and 06:00. This precedence has been established as per comments made by Witness - Mr. Tom Oommen – CTA;

Mr. Tom Oommen - CTA: Thank you. Perhaps an example would be most enlightening. There was a case, for example, where there was a rail yard that was doing loading and switching operations overnight late at night. The agency heard the complaint. The order of the agency was that no further such operations would be done at nighttime. They were only to be conducted during the day. That is an enforceable order by the agency.

• upon completion of a (CTA) mediation process, the CTA provide a full report that includes recommendations within 6 months to all participants; and
• the Ministry of Transport evaluate the capacity and delegated authority of the CTA.

Fully phasing-out DOT-111 tank cars

Recommendation 31

That Transport Canada continue to fully phase out the use of DOT-111 tank cars for the transportation of all forms of dangerous goods and, if possible, look at ways to expedite the process.

Addressing the TSB’s recommendations on the 2019 derailment neat Field, B.C.

Recommendation 32

That Transport Canada move urgently to address the recommendations of the Transportation Safety Board in light of their investigation into the 2019 derailment near Field, British Columbia.

Addressing deficiencies at rural crossings

Recommendation 33

That Transport Canada ensure CN and CP Rail address infrastructure deficiencies at rural crossings.