Transport Canada Rail Safety - Discussion Paper - February 2014

Liability and Compensation Regime for Rail

Railways of similar size to MM&A, of which there are approximately 60 in Canada (20 federally regulated and around 40 provincially regulated), typically carry $5 million−$50 million in third party liability insurance coverage.  Large carriers carry coverage up to $1.5B.  Railways carried more than 330MM tonnes of freight for a combined value of over $100B.  The transport of dangerous goods includes chlorine and anhydrous ammonia, and now an ever increasing volume of petroleum products.  The risk profile for liability and compensation is changing.

The current regulations are being reviewed and interested parties are asked to comment.  Public comment period is open until March 21, 2014.  All responses to:

Email: RailPolicy-Politiquesferroviaires@tc.gc.ca
Mail: Transport Canada, Rail Policy, 330 Sparks Street, 27th floor, Ottawa, Ontario. K1A 0N5

While this expresses on honest effort to improve the system, my confidence in the system to deliver continues to be eroded.  I do not believe that the challenge is insufficient regulation.  In my view, the culprit is a single or single set of decision makers that make poor choices in the given circumstances, all in the face of evidence of the availability of better choices.  Conscious decisions, by conscious people.  Modern society has tended towards rewarding dis-responsibility and unaccountability.  I do not believe this is sustainable.

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