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Alberta Regulation 328/2009
Municipal Government Act
PROCEEDINGS BEFORE THE BOARD CLARIFICATION REGULATION
Filed: December 1, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 598/2009) 
on December 1, 2009 pursuant to section 603 of the Municipal Government Act. 
Table of Contents
	1	Definition
	2	Application
	3	Nature of hearing
	4	Repeal
	5	Coming into force
Definition
1   In this Regulation, "Act" means the Municipal Government Act.
Application
2   This Regulation applies to complaints and appeals with respect to 
the 2009 and previous taxation years.
Nature of hearing
3(1)  A hearing before the Municipal Government Board under Part 12 
of the Act is a hearing de novo.
(2)  Despite subsection (1), when hearing an appeal from the decision 
of an assessment review board or other person under Part 12 of the 
Act, the Municipal Government Board may also consider, but is not 
bound by, any matter on the record, including the decision of the 
assessment review board or other person, as the case may be.
Repeal
4   This Regulation is made under section 603(1) of the Act and is 
repealed in accordance with section 603(2) of the Act.
Coming into force
5   This Regulation comes into force on January 1, 2010.



Alberta Regulation 329/2009
Cooperatives Act
COOPERATIVES AMENDMENT REGULATION
Filed: December 8, 2009
For information only:   Made by the Minister of Service Alberta (M.O. SA:034/2009) 
on November 25, 2009 pursuant to section 352 of the Cooperatives Act. 
1   The Cooperatives Regulation (AR 55/2002) is amended 
by this Regulation.

2   Section 78 is amended by striking out "March 31, 2010" 
and substituting "March 31, 2020".


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Alberta Regulation 330/2009
Municipal Government Act
MATTERS RELATING TO ASSESSMENT AND TAXATION  
AMENDMENT REGULATION
Filed: December 8, 2009
For information only:   Made by the Minister of Municipal Affairs (M.O. L:227/09) 
on November 24, 2009 pursuant to sections 322 and 370 of the Municipal 
Government Act. 
1   The Matters Relating to Assessment and Taxation 
Regulation (AR 220/2004) is amended by this Regulation.

2   Section 12 is amended
	(a)	by striking out "a property" and substituting "each 
property";
	(b)	by striking out "that property" and substituting "those 
properties".

3   Section 14 is repealed and the following is substituted:
Duty to provide information to the Minister
14(1)  The assessor must provide the information required by the 
Minister under section 293(3) of the Act in accordance with the 
procedures set out in the Alberta Assessment Quality Minister's 
Guidelines.
(2)  The assessor must prepare and provide the return referred to in 
section 319 of the Act to the Minister in accordance with the 
procedures set out in the Alberta Assessment Quality Minister's 
Guidelines.

4   Sections 23 to 27 are repealed and the following is 
substituted:
Exemptions-Strathcona County
23   The following are exempt from taxation under Division 2 of 
Part 10 of the Act:
	(a)	one residence in a farm unit, if the residence is
	(i)	situated in the rural service area of the specialized 
municipality of Strathcona County, and
	(ii)	situated on a parcel of not less than one acre,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit, to a maximum of 
$61 540;
	(b)	each additional residence in the farm unit, if the residence is 
	(i)	situated in the rural service area of the specialized 
municipality of Strathcona County, and
	(ii)	used chiefly in connection with farming operations,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit that remains after the 
exemption is made under clause (a), to a maximum of 
$30 770 for each additional residence.
Exemptions-Wood Buffalo
24   The following are exempt from taxation under Division 2 of 
Part 10 of the Act:
	(a)	one residence in a farm unit, if the residence is 
	(i)	situated in the rural service area of the specialized 
municipality of the Regional Municipality of Wood 
Buffalo, and
	(ii)	situated on a parcel of not less than one acre,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit, to a maximum of 
$61 540; 
	(b)	each additional residence in the farm unit, if the residence is 
	(i)	situated in the rural service area of the specialized 
municipality of the Regional Municipality of Wood 
Buffalo, and 
	(ii)	used chiefly in connection with farming operations,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit that remains after the 
exemption is made under clause (a), to a maximum of 
$30 770 for each additional residence.
Exemptions-Mackenzie County
25   The following are exempt from taxation under Division 2 of 
Part 10 of the Act:
	(a)	one residence in a farm unit, if the residence is 
	(i)	situated in the specialized municipality of Mackenzie 
County, and
	(ii)	situated on a parcel of not less than one acre of land,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit, to a maximum of 
$61 540;
	(b)	each additional residence in the farm unit, if the residence is 
	(i)	situated in the specialized municipality of Mackenzie 
County, and
	(ii)	used chiefly in connection with farming operations,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit that remains after the 
exemption is made under clause (a), to a maximum of 
$30 770 for each additional residence.
Exemptions-Jasper
26   The following are exempt from taxation under Division 2 of 
Part 10 of the Act:
	(a)	one residence in a farm unit, if the residence is 
	(i)	situated outside of the town of the specialized 
municipality of the Municipality of Jasper, and
	(ii)	situated on a parcel of not less than one acre,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit, to a maximum of 
$61 540;
	(b)	each additional residence in the farm unit, if the residence is 
	(i)	situated outside of the town of the specialized 
municipality of the Municipality of Jasper, and
	(ii)	used chiefly in connection with farming operations,
		to the extent of the assessment, based on agricultural use 
value, for the land in the farm unit that remains after the 
exemption is made under clause (a), to a maximum of 
$30 770 for each additional residence.
Exemptions-farm buildings
27   The following are exempt from taxation under Division 2 of 
Part 10 of the Act:
	(a)	any farm building located in the specialized municipality of 
Mackenzie County;
	(b)	any farm building in the urban service area of the specialized 
municipality of Strathcona County, to the extent of 50% of 
its assessment;
	(c)	any farm building in the urban service area of the specialized 
municipality of the Regional Municipality of Wood Buffalo, 
to the extent of 50% of its assessment;
	(d)	any farm building in the town of the specialized municipality 
of the Municipality of Jasper, to the extent of 50% of its 
assessment;
	(e)	any farm building in a city, town, village or summer village, 
to the extent of 50% of its assessment.

5   The following is added after section 27:
Part 5.1 
Assessment Information
Definitions
27.1   In this Part, 
	(a)	"coefficient" means a number that represents the quantified 
relationship of each variable to the assessed value of a 
property when derived through a mass appraisal process;
	(b)	"factor" means a property characteristic that contributes to a 
value of a property;
	(c)	"valuation model" means the representation of the 
relationship between property characteristics and their value 
in the real estate marketplace using a mass appraisal process;
	(d)	"variable" means a quantitative or qualitative representation 
of a property characteristic used in a valuation model.
Assessment record
27.2   For the purposes of section 299 of the Act, the assessment of 
a person's property is limited to the assessment for the current 
taxation year.
Key factors and variables of valuation model
27.3(1)   For the purposes of sections 299(1.1)(b) and 300(1.1)(d) of 
the Act, the key factors and variables of the valuation model applied 
in preparing the assessment of a property include
	(a)	descriptors and codes for variables used in the valuation 
model,
	(b)	where there is a range of descriptors or codes for a variable, 
the range and what descriptor and code was applied to the 
property, and
	(c)	any adjustments that were made outside the value of the 
variables used in the valuation model that affect the 
assessment of the property.
(2)  Despite subsection (1), information that is required to be 
provided under section 299 or 300 of the Act does not include 
coefficients.
Access to assessment record
27.4(1)  For the purposes of section 299 of the Act, a municipality 
must, subject to subsection (4), provide the assessed person with the 
information described in section 299(1.1) of the Act in one of the 
following manners:
	(a)	in hard-copy form with the assessment notice for the 
property;
	(b)	in hard-copy form without the assessment notice for the 
property;
	(c)	through an internet website that is readily accessible to the 
assessed person. 
(2)  A municipality must provide the assessed person with the 
information described in section 299(1.1) of the Act within 15 days 
of receiving a request for the information. 
(3)  A municipality that provides the information in a manner set out 
in subsection (1)(a) or (c) is deemed to have met the requirements of 
subsection (2). 
(4)  A municipality that does not provide the information described 
in section 299(1.1) of the Act in a manner set out in subsection (1) 
must make reasonable arrangements to let the assessed person see 
the information at the municipality's office within 15 days of the 
request.
Access to summary of assessment
27.5(1)  For the purposes of section 300 of the Act, a municipality 
must, subject to subsection (4), provide the assessed person with a 
summary of the assessment for an assessed property in one of the 
following manners:
	(a)	in hard-copy form with the assessment notice for the 
property;
	(b)	in hard-copy form without the assessment notice for the 
property;
	(c)	through an internet website that is readily accessible to the 
assessed person. 
(2)  A municipality must provide the assessed person with a 
summary of the  assessment for an assessed property within 15 days 
of receiving a request for the information. 
(3)  A municipality that provides a summary of the assessment for an 
assessed property in a manner set out in subsection (1)(a) or (c) is 
deemed to have met the requirements of subsection (2). 
(4)  A municipality that does not provide a summary of the 
assessment for an assessed property in a manner set out in subsection 
(1) must make reasonable arrangements to let the assessed person 
see the summary at the municipality's office within 15 days of the 
request.
(5)  The 15-day period referred to in subsection (2) applies only in 
respect of a summary of the assessment for the first 5 assessed 
properties requested by an assessed person in any given year.
Compliance review
27.6(1)  In this section, "compliance review" means a review by the 
Minister to determine if a municipality has complied with an 
information request under section 299 or 300 of the Act and this 
Part.
(2)  An assessed person may make a request to the Minister, in the 
form and manner required by the Minister, for a compliance review 
if the assessed person believes that a municipality has failed to 
comply with that person's request under section 299 or 300 of the 
Act.
(3)  A request for a compliance review must be made within 45 days 
of the assessed person's request under section 299 or 300 of the Act.
(4)  If, after a compliance review, the Minister determines that a 
municipality has failed to comply with a request under section 299 or 
300 of the Act, the Minister may impose a penalty for 
non-compliance against the municipality in accordance with the 
Schedule.
Contents of assessment notice
27.7   In addition to the information described in section 309 of the 
Act, the following information must be contained on or attached to 
an assessment notice or an amended assessment notice:
	(a)	a statement specifying where copies of the complaint form 
and the assessment complaints agent authorization form set 
out in Schedules 1 and 4, respectively, of the Matters 
Relating to Assessment Complaints Regulation may be 
found;
	(b)	a statement
	(i)	indicating that an assessed person is entitled to see or 
receive sufficient information about the person's 
property in accordance with section 299 of the Act or a 
summary of an assessment in accordance with section 
300 of the Act, or both, and
	(ii)	specifying the procedures and timelines to be followed 
by an assessed person to request the information or 
summary.
Transition
27.8   This Part applies only to information with respect to 
assessments prepared in respect of the 2010 and subsequent taxation 
years.

6   Section 29 is amended by striking out "December 31, 2009" 
and substituting "November 30, 2012".

7   The following Schedule is added at the end of the 
Regulation:
Schedule 
 
Penalty for Non-Compliance

Action
Penalties*
Non-compliance with section 299 
(the assessed person's property).
Up to $100 per day after the 
15-day period for providing the 
information, to a maximum of 
$2500.
Non-compliance with section 
300 (properties other than the 
assessed person's property):
(a)  for similar classes of 
property having comparable 
characteristics to the assessed 
person's property (relevant 
information);
Up to $100 per day after the 
15-day period for providing the 
information, to a maximum of 
$2500.
(b)  for dissimilar classes of 
property or property having 
non-comparable characteristics 
to the assessed person's property 
(non-relevant information).
$0.
* Penalties are not applicable for multiple requests for information on the 
same property by the same assessed person during the same taxation year.



Alberta Regulation 331/2009
Alberta Health Care Insurance Act
OPTOMETRIC BENEFITS AMENDMENT REGULATION
Filed: December 8, 2009
For information only:   Made by the Minister of Health and Wellness (M.O. 15/2009) 
on March 3, 2009 pursuant to section 17 of the Alberta Health Care Insurance Act. 
1   The Optometric Benefits Regulation (AR 202/2007) is 
amended by this Regulation.

2   The following provisions are amended by striking out 
"comprehensive visit" and substituting "initial visit":
	(a)	section 10(a);
	(b)	section 11(a).



3   Section 12 is amended
	(a)	in subsection (1)
	(i)	by striking out "comprehensive visit" and 
substituting "initial visit";
	(ii)	in clause (a)(i) by striking out "or hypertension";
	(b)	in subsection (2) by striking out "comprehensive visit" 
and substituting "initial visit";
	(c)	in subsection (3) by striking out "comprehensive visit" 
and substituting "initial visit".

4   Section 15 is repealed and the following is substituted:
Billing rules for Part 3
15(1)  Every claim for benefits under this Part must
	(a)	identify the optometric service provided,
	(b)	subject to subsection (2), identify the code for that service as 
specified in the Schedule of Optometric Benefits, and 
	(c)	include the practitioner identification number of the 
optometrist and of the referring physician or nurse 
practitioner, if any.
(2)  Subsection (1)(b) does not apply to a claim for benefits referred 
to
	(a)	in section 12(1)(a)(ii), or 
	(b)	in section 12(1)(a)(iii), unless the optometrist has diagnosed 
a condition or episode of illness or trauma.
(3)  Subject to section 13(1), if more than one of the optometric 
services set out in section 11 is provided to an eligible resident on a 
single day, the eligible resident is only entitled to have benefits paid 
for one of the services provided on that day.


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Alberta Regulation 332/2009
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN (EMPLOYMENT  
POSITIONS, 2009) AMENDMENT REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 613/2009) 
on December 9, 2009 pursuant to Schedule 1, section 4 of the Public Sector Pension 
Plans Act. 
1   The Local Authorities Pension Plan (AR 366/93) is 
amended by this Regulation.

2   Section 2 is amended
	(a)	in subsection (1)
	(i)	in clause (p) by repealing subclauses (i) and (ii) 
and substituting the following:
	(i)	a person who is employed under one or more 
contracts of service with a single entity that is a 
local authority or a public board, commission or 
other public body listed in Part 1 of Schedule 2, to 
the extent that that employment is on a full-time 
continuous basis,
	(ii)	a person who does not fall within subclause (i) and 
is employed under one or more contracts of service 
with a single entity referred to in subclause (i) 
where
	(A)	the aggregate of the regularly scheduled 
hours of work thereunder is not fewer than 14 
hours per week or 728 hours per year, and
	(B)	that single entity, pursuant to its established 
policy for pension coverage of persons or 
classes of persons employed by it, applies, or 
before the commencement of this subclause 
submitted a still extant application, to the 
Minister for that person's participation in the 
Plan,
	(ii)	in clause (u)
	(A)	by striking out "an employment, a basis where 
the" and substituting "employment, whether 
under one or more contracts of service, a basis 
where the aggregate of the";
	(B)	by striking out "the employment" and 
substituting "that employment";
	(b)	by repealing subsection (1.1).

3   Section 10(i)(C) is amended
	(a)	by striking out "the regional" and substituting "each of 
2 or more regional";
	(b)	by adding "with both or all those authorities" after 
"part-time work".

4   Section 11 is amended by renumbering it as section 
11(1) and adding the following after subsection (1):
(2)  A person who
	(a)	is an employee by virtue of a relationship with one 
entity referred to in section 2(1)(p), and
	(b)	also has a relationship with another such entity with 
respect to whom he or she would not qualify as an 
employee if only that relationship with that other entity 
were taken into account,
is not a participant with respect to the entity referred to in clause (b).

5   The following is added immediately before Schedule 1:
Commencement - employment positions
121(1)  The amendments to sections 2, 10 and 11 effectuated by the 
Local Authorities Pension Plan (Employment Positions, 2009) 
Amendment Regulation come into force
	(a)	on September 1, 2010 with respect to the employees of an 
employer that chooses to apply those amendments from that 
date, or
	(b)	on September 1, 2011 with respect to the employees of an 
employer that does not so choose.


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Alberta Regulation 333/2009
Animal Health Act
TRACEABILITY CATTLE IDENTIFICATION REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 620/2009) 
on December 9, 2009 pursuant to section 69 of the Animal Health Act. 
Table of Contents
	1	Definitions
	2	Application
	3	Birth dates
	4	Identifying cattle
	5	Exemption
	6	Records
	7	Reporting
	8	Feedlots
	9	Retagging
	10	Re-reporting birth dates
	11	Records
	12	Reporting into the Canadian Livestock Tracking System
	13	Offence
	14	Repeal
	15	Expiry
	16	Coming into force
Definitions
1   In this Regulation,
	(a)	"actual birth date" means the day, month and year of birth of 
a calf;
	(b)	"approved tag" means a tag that meets the requirements of 
the Health of Animals Regulations (Canada);
	(c)	"calving start date" means the day, month and year of the 
birth of the first calf born as part of a herd or as part of a 
group within a herd; 
	(d)	"Canadian Livestock Tracking System" means the database 
operated by the Canadian Cattle Identification Agency;
	(e)	"cattle identifier" means any one of the following identifiers 
that uniquely identifies a head of cattle:
	(i)	a production dangle tag;
	(ii)	a tattoo;
	(iii)	any other identifier acceptable to the Minister;
	(f)	"dairy farm" means an operation, including the buildings and 
land occupied or used in connection with the production of 
milk, where dairy cattle are kept and part or all of the milk 
obtained from the dairy cattle is sold, offered for sale or 
supplied for human consumption;
	(g)	"farm of origin" has the meaning set out in the Health of 
Animals Regulations (Canada);
	(h)	"feedlot" means an operation that feeds 1000 or more head of 
cattle annually and is operated in whole or in part for the 
purposes of growing or finishing cattle by means other than 
grazing, but does not include
	(i)	an overwintering site where cattle are fed and sheltered,
	(ii)	a dairy farm, or
	(iii)	a site for breeding cattle and their offspring;
	(i)	"premises identification number" means a premises 
identification number as defined in the Traceability Premises 
Identification Regulation (AR 200/2008).
Application
2   This Regulation applies to
	(a)	all cattle born in Alberta on or after January 1, 2009, and
	(b)	all cattle that enter a feedlot, regardless of age or origin.
Birth dates
3   A cattle owner must record the birth dates of cattle by using the 
actual birth date or the calving start date.
Identifying cattle
4(1)  If a cattle owner records birth dates by actual birth date, the cattle 
owner must ensure that calves are identified within 3 months of each 
calf's actual birth date using either an approved tag or a cattle 
identifier.
(2)  If a cattle owner chooses to identify a calf with a cattle identifier 
under subsection (1), the cattle owner must tag the calf with an 
approved tag within 10 months of the calf's actual birth date, or before 
each calf leaves the farm of origin, whichever occurs first.
(3)  If a cattle owner records birth dates by calving start date, a cattle 
owner must ensure that calves are tagged with an approved tag within 
10 months of each calf's calving start date, or before each calf leaves 
the farm of origin, whichever occurs first.
Exemption
5   A cattle owner may move cattle without an approved tag to a site 
that meets the requirements of the Health of Animals Regulations 
(Canada) for the purposes of having an approved tag applied to each 
head of cattle at that site and must apply an approved tag within 10 
months of the actual birth date or calving start date for that head of 
cattle.
Records
6(1)  If a cattle owner records birth dates by actual birth date, the cattle 
owner must create on-farm records that include the following:
	(a)	each calf's actual birth date;
	(b)	either the cattle identifier or approved tag number, whichever 
is applied to identify each calf under section 4(1).
(2)  The records referred to under subsection (1) must be created at the 
same time each calf is tagged or identified.
(3)  In addition to the records referred to under subsection (1), if a 
cattle owner applies an approved tag to a calf in accordance with 
section 4(2), the cattle owner must record the approved tag number as 
part of the on-farm records created under subsection (1).
(4)  If a cattle owner records birth dates by calving start date, the cattle 
owner must create on-farm records that include the following:
	(a)	each calf's calving start date;
	(b)	the approved tag number applied to each calf under section 
4(3);
	(c)	the method by which the calving start date was determined.
(5)  The records referred to under subsection (4) must be created at the 
same time each calf is identified.
Reporting
7(1)  If a cattle owner records birth dates by actual birth date, the cattle 
owner must report the following information to the Minister within 10 
months of each calf's actual birth date, or before each calf leaves the 
farm of origin, whichever occurs first:
	(a)	the premises identification number of the premises where the 
calf was born;
	(b)	the approved tag number applied to the calf;
	(c)	the actual birth date of the calf.
(2)  If a cattle owner records birth dates by calving start date, the cattle 
owner must report the following information to the Minister within 10 
months of each calf's calving start date, or before each calf leaves the 
farm of origin, whichever occurs first:
	(a)	the premises identification number of the premises where the 
calf was born;
	(b)	the approved tag number applied to the calf;
	(c)		the calving start date for the calf.
Feedlots
8   A feedlot owner must identify each head of cattle by recording and 
reporting all of the following information to the Minister within 7 days 
of the date each head of cattle moves into the feedlot:
	(a)	the premises identification number for the feedlot;
	(b)	the approved tag number and move-in date for each head of 
cattle that moved into the feedlot.
Retagging
9   A person who owns, possesses or has the care or control of a head 
of cattle that does not bear an approved tag or has lost its approved tag 
must
	(a)	apply a new approved tag in accordance with the Health of 
Animals Regulations (Canada), 
	(b)	create a record that includes
	(i)	the date the new approved tag is applied to the head of 
cattle,
	(ii)	the new approved tag number, and
	(iii)	the number of the previously applied approved tag, if 
available,
		and
	(c)	report the information referred to in clause (b) to the Minister 
within 30 days of the date the new approved tag is applied, or 
before the date each head of cattle leaves the premises, 
whichever is earlier, and within 7 days of the date the new 
approved tag is applied by the feedlot owner, or before each 
head of cattle leaves the feedlot, whichever is earlier.
Re-reporting birth dates
10(1)  If a head of cattle that is less than 18 months of age and still on 
the farm of origin is retagged in accordance with section 9, the cattle 
owner must report that head of cattle's birth date to the Minister as
	(a)	the actual birth date, if that head of cattle still has the cattle 
identifier and the cattle owner has the records required under 
section 6(1) that associates the actual birth date with the 
cattle identifier, or
	(b)	the calving start date, if that head of cattle does not have a 
cattle identifier.
(2)  If a head of cattle that is 18 months of age or older and still on the 
farm of origin is retagged in accordance with section 9, the cattle 
owner must report the birth date of that head of cattle to the Minister if 
that head of cattle has a cattle identifier and the cattle owner has the 
records required under section 6(1) or (4) that associate the actual birth 
date or the calving start date with the cattle identifier.
Records
11   Any person who is required to identify cattle under this 
Regulation must
	(a)	retain records containing each head of cattle's approved tag 
number and cattle identifier,
	(b)	correlate records required by section 6, 8 or 9, as applicable, 
with records retained in clause (a) for each head of cattle, and
	(c)	provide a copy of the records referred to in this section to the 
Minister on request.
Reporting into the Canadian Livestock Tracking System
12   Cattle owners and feedlot owners must comply with the reporting 
requirements of this Regulation, except the requirements of section 
11(c), by reporting the required information into the Canadian 
Livestock Tracking System.
Offence
13(1)  No person shall create false records or provide false information 
to the Minister or to the Canadian Livestock Tracking System for the 
purposes of this Regulation.
(2)  Any person who contravenes section 4, 6, 7, 8, 9, 10, 11 or 12 is 
guilty of an offence.
Repeal
14   The Traceability Livestock Identification Regulation 
(AR 199/2008) is repealed.
Expiry
15   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on January 31, 2015.
Coming into force
16   This Regulation comes into force on March 1, 2010.



Alberta Regulation 334/2009
Mines and Minerals Act
OIL SANDS ROYALTY REGULATION, 1997 AMENDMENT REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 628/2009) 
on December 9, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
1   The Oil Sands Royalty Regulation, 1997 (AR 185/97) is 
amended by this Regulation.

2   Section 38.2(8) is amended by striking out "subsection (6)" 
and substituting "subsection (7)".

3   This Regulation is effective on and from January 1, 2009.


--------------------------------
Alberta Regulation 335/2009
Mines and Minerals Act
OIL SANDS ROYALTY REGULATION, 2009 AMENDMENT REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 629/2009) 
on December 9, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
1   The Oil Sands Royalty Regulation, 2009 (AR 223/2008) is 
amended by this Regulation.

2   Section 11 is amended
	(a)	in subsection (4) by repealing clause (e) and 
substituting the following:
	(e)	the maximum production capacity of the Project;
	(f)	any other terms and conditions to which the approval is 
subject, which may include, without limitation, the 
maximum period of time for expansion of the maximum 
production capacity of the Project.
	(b)	in subsection (5) by striking out "An" and 
substituting "Subject to subsection (5.1), an";
	(c)	by adding the following after subsection (5):
(5.1)  An order under subsection (2) approving an amendment to 
a Prior Project
	(a)	must include a term and condition specifying a 
maximum production capacity of the Project if one has 
not previously been specified, and
	(b)	may include a term and condition specifying the 
maximum period of time for expansion of the maximum 
production capacity of the Project.

3   Section 12(2)(b)(iii) is repealed and the following is 
substituted:
	(iii)	that is a core or supporting asset in respect of which the 
Minister is of the opinion that
	(A)	the asset no longer has a remaining useful life, or
	(B)	the asset has a remaining useful life, and
	(I)	the use of the asset for the purposes of the Project 
during the previous Period as a percentage of the 
total use of the asset for all purposes during that 
Period was less than the Project use threshold, and
	(II)	the sustained use of the asset over the remaining 
useful life of the asset for the purposes of the 
Project as a percentage of the total use of the asset 
for all purposes is unlikely to equal or exceed the 
Project use threshold,

4   Section 13 is amended 
	(a)	by striking out "either" and substituting "any one";
	(b)	by adding the following after clause (a):
	(a.1)	the first day of the month following the month in which 
the proposed Project or amendment relating to the 
expansion is approved by the Board under the Oil Sands 
Conservation Act;

5   Section 14 is amended
	(a)	in subsection (1)(b) by striking out "and description";
	(b)	in subsection (2)(b) by adding "asset has a remaining 
useful life and the" before "sustained".

6   Section 19(4) is amended
	(a)	by striking out "the lessees of either Project" and 
substituting "any of the lessees of either Project";
	(b)	by adding "or the removal and inclusion of the asset 
constitutes a non-arm's length transaction in accordance with 
section 2(3) or (4)," after "other Project,".

7   Section 22(3) is amended by adding "at the royalty 
calculation point" after "blended bitumen".

8   Section 29 is amended
	(a)	in subsection (1) by striking out "preceding month" 
and substituting "given month calculated in accordance 
with subsection (3)";
	(b)	in subsection (2)(a) by adding "calculated in accordance 
with subsection (3.1)" before "and $120";
	(c)	by repealing subsection (3) and substituting the 
following:
(3)  For the purposes of subsection (1), the WTI price for a given 
month, expressed in Canadian currency, is the product of
	(a)	the simple average of the WTI prices for the trading 
days of the preceding month expressed in American 
currency, and
	(b)	the simple average of the daily actual USD/CAD (noon) 
exchange rates for that month.
(3.1)  For the purposes of subsection (2), the WTI price for a 
year, expressed in Canadian currency, is the product of 
	(a)	the simple average of the monthly WTI prices for the 
months of that year, calculated in accordance with 
subsection (3)(a), expressed in American currency, and
	(b)	the simple average of the monthly exchange rates 
calculated in accordance with subsection (3)(b), for the 
months in that year.
(3.2)  For the purposes of subsections (1) and (2), RG% and RN% 
shall be expressed to the nearest 5th decimal place.

9   Section 33(11) is amended
	(a)	by adding "sum of the" after "to exceed the";
	(b)	by striking out "the amount shall" and substituting "the 
difference in these 2 amounts shall".

10   The following is added after section 38:
Enhancement reporting
38.1(1)  Unless the Minister otherwise directs in a particular case, 
the operator of a Project or of any other reporting entity shall furnish 
any reports specified by the Minister.
(2)  A report required to be furnished under subsection (1) must be in 
the form determined by the Minister, and may call for the furnishing 
of actual information, estimated or forecasted information or any 
combination of actual and estimated or forecasted information.
(3)  A report under subsection (1) must be furnished by the date 
specified by the Minister as the due date for that report.

11   This Regulation is effective on and from January 1, 
2009.


--------------------------------
Alberta Regulation 336/2009
Mental Health Act
PATIENT ADVOCATE AMENDMENT REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 633/2009) 
on December 9, 2009 pursuant to section 45 of the Mental Health Act. 
1   The Patient Advocate Regulation (AR 148/2004) is 
amended by this Regulation.
2   Section 1 is amended by repealing clause (b) and 
substituting the following:
	(b)	"issuing psychiatrist" means the psychiatrist, or the physician 
designated in accordance with section 9.7 of the Act, who 
last issued, renewed or amended a community treatment 
order or issued an apprehension order;
	(b.1)	"patient" includes a person who
	(i)	is or has been a formal patient,
	(ii)	is or has been subject to one admission certificate or one 
renewal certificate, and
	(iii)	is or has been subject to a community treatment order;

3   Section 3 is repealed and the following is substituted:
Power to act on a complaint
3(1)  On receipt of a complaint from or relating to a patient, the 
Patient Advocate
	(a)	if the person is or was a patient in a facility, shall notify the 
board of the facility in which the patient is or was detained of 
the nature of the complaint,
	(b)	shall notify the patient, in writing, that a complaint has been 
received, of the nature of the complaint and of any 
investigation arising from the complaint,
	(c)	if a person other than a patient is named in the complaint, 
shall notify that person of any investigation arising from the 
complaint, and
	(d)	shall make any contact with the patient and conduct any 
investigation of the complaint that the Patient Advocate 
considers necessary.
(2)  If a complaint relates to a patient who has been transferred from 
one facility to another, the notice under subsection (1)(a) must be 
provided to the boards of both facilities.
(3)  A patient and a person who has received notice of an 
investigation under subsection (1)(c) have the right to make 
representations to the Patient Advocate relating to the complaint.
(4)  The Patient Advocate may investigate a complaint as it relates to 
the period during which the person who is the subject of the 
complaint was a patient or, with respect to a person who is or was 
subject to a community treatment order, the period during which the 
person has been or was subject to the community treatment order.
(5)  On receipt of a complaint, the Patient Advocate shall provide to 
the patient and to the complainant, as far as is reasonable, 
information respecting the following:
	(a)	the rights of the patient under the Act;
	(b)	how the patient may obtain legal counsel;
	(c)	how to make an application to the review panel;
	(d)	how to commence an appeal to the Court of Queen's Bench.

4   Section 4 is amended
	(a)	in clause (b) by striking out "facility patient" wherever 
it occurs and substituting "patient";
	(b)	by striking out "and" at the end of clause (a), adding 
"and" at the end of clause (b) and adding the 
following after clause (b):
	(c)	any procedure of a regional health authority or an 
issuing psychiatrist relating to the issuance, amendment 
or renewal of a community treatment order.

5   Section 5 is amended
	(a)	in subsection (1)
	(i)	by repealing clause (c) and substituting the 
following:
	(c)	if the person is a patient in a facility, shall notify 
the board of the facility of the Patient Advocate's 
intention to contact the patient, and
	(ii)	by repealing clause (d) and substituting the 
following:
	(d)	shall notify a regional health authority or an 
issuing psychiatrist of the Patient Advocate's 
intention to carry out an investigation that relates 
to the regional health authority or the issuing 
psychiatrist, as the case may be, whether the 
investigation arises pursuant to section 3 or 4.
	(b)	in subsection (2) by striking out "or a facility patient of 
the facility";
	(c)	by repealing subsection (4) and substituting the 
following:
(4)  If the Patient Advocate requests in writing
	(a)	from a facility, board or regional health authority any 
policy or directive of the facility, board or regional 
health authority or any other document relating to an 
investigation under section 3 or 4, or
	(b)	from a facility, board, regional health authority or 
issuing psychiatrist any medical or other record or any 
information, file or other document relating to a patient 
who is the subject of an investigation under section 3 or 
4,
the facility, board, regional health authority or issuing 
psychiatrist shall, within a reasonable time after receipt of the 
request, provide copies of the materials requested to the Patient 
Advocate.

6   Section 7 is amended
	(a)	in subsection (1) by adding ", the regional health 
authority or the issuing psychiatrist" after "the board";
	(b)	by repealing subsection (3) and substituting the 
following:
(3)  If a report is sent to a board, regional health authority or 
issuing psychiatrist under subsection (1) and within a reasonable 
time after the report is sent to the board, regional health authority 
or issuing psychiatrist the Patient Advocate is of the opinion that 
the board, regional health authority or issuing psychiatrist has not 
taken appropriate action on any recommendation, the Patient 
Advocate shall send a copy of the report and the board's, 
regional health authority's or issuing psychiatrist's response, if 
any, to the Minister.

7   Section 9(a) is amended by striking out "facility" 
wherever it occurs.

8   This Regulation comes into force on the coming into 
force of section 8 of the Mental Health Amendment Act, 
2007.


--------------------------------
Alberta Regulation 337/2009
Mental Health Act
COMMUNITY TREATMENT ORDER REGULATION
Filed: December 10, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 634/2009) 
on December 9, 2009 pursuant to section 53 of the Mental Health Act. 
Table of Contents
	1	Definitions
	2	Examinations
	3	Supervision of community treatment order
	4	Provision of treatment or care by regional health authority
	5	Designation of physician
	6	Reporting non-compliance
	7	Copies of documents
	8	Written statement and notice
	9	Review on renewal
	10	Expiry
	11	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Mental Health Act;
	(b)	"appropriate regional health authority" means the regional 
health authority of the region in which the person who is 
subject to a community treatment order normally resides;
	(c)	"appropriate review panel" means the review panel 
determined by the Minister as the appropriate review panel 
for a person who is subject to a community treatment order;
	(d)	"issuing psychiatrist" means the psychiatrist, or the physician 
designated in accordance with section 9.7 of the Act, who 
last issued, renewed or amended a community treatment 
order;
	(e)	"prescribed form" means a form prescribed in the Mental 
Health Act Forms Regulation (AR 136/2004).
Examinations
2   Examinations for the purposes of sections 9.1 and 9.6 of the Act 
may be conducted remotely using any means considered appropriate 
by the examining physician, including, but not limited to, video 
conference technology.
Supervision of community treatment order
3   A community treatment order may be supervised only by a 
physician.
Provision of treatment or care by regional health authority
4   If the treatment or care required under a community treatment order 
includes services provided by a regional health authority, the 
community treatment order, including any amendments to the 
treatment or care plan, must be signed by a person authorized by the 
regional health authority before it becomes effective.
Designation of physician
5(1)  Only a physician may be designated under section 9.7(1) of the 
Act.
(2)  A designation of a physician for the purposes of section 9.7(1) of 
the Act is effective for a maximum term of 2 years from the date of the 
designation and may be renewed. 
(3)  A designation referred to in subsection (1) must be in the 
prescribed form and must be signed by a person authorized by the 
board or the regional health authority to do so.
Reporting non-compliance
6(1)  A person who is named in a community treatment order as a 
provider of treatment or care to the person who is subject to the 
community treatment order must report any failure by that person who 
is subject to the community treatment order to comply with the terms 
of the community treatment order by completing the prescribed form 
and submitting it to the appropriate regional health authority.
(2)  The prescribed form must be submitted within 24 hours of the time 
at which the person providing treatment or care becomes aware of the 
failure to comply with the terms of the community treatment order.
(3)  On receipt of the prescribed form, the regional health authority 
must, within 24 hours, provide copies of the prescribed form to the 
physician responsible for supervision of the community treatment 
order.
Copies of documents
7(1)  A copy of each community treatment order and any prescribed 
forms completed in respect of it, except a report required under section 
6(1), must be sent by the issuing psychiatrist to the appropriate 
regional health authority.
(2)  The regional health authority must, on receipt of the copies of the 
community treatment order and forms referred to in subsection (1), 
promptly provide copies to
	(a)	any other regional health authority providing services to the 
person who is subject to the community treatment order,
	(b)	the person who is responsible for supervising the community 
treatment order, if that person is not the issuing psychiatrist, 
and
	(c)	the person who is responsible for providing the written 
statement referred to in section 8, if that person is not the 
regional health authority.
Written statement and notice
8(1)  For the purposes of section 14(1.1) of the Act, the person who is 
responsible for giving the written statement and copy of the issued, 
amended or renewed community treatment order to the persons set out 
in section 14(1.1)(b) of the Act is the issuing psychiatrist.
(2)  For the purposes of section 14(5) of the Act, the person who is 
responsible for giving the notice of expiry or cancellation and any 
recommendations for treatment to the persons set out in section 14(5) 
of the Act is the person responsible for supervision of the community 
treatment order.
Review on renewal 
9(1)  At the time of the first renewal of a community treatment order 
and every 2nd renewal thereafter, the issuing psychiatrist shall forward 
copies of the prescribed forms to the appropriate review panel for 
review in accordance with section 39(2) of the Act.
(2)  Where a review panel receives an application for review of a 
community treatment order that it does not have jurisdiction to deal 
with because it is not the appropriate review panel for the person who 
is subject to the community treatment order, the review panel must 
immediately forward the application for review to the appropriate 
review panel.
Expiry
10   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on September 1, 2015.
Coming into force
11   This Regulation comes into force on the coming into force of 
section 8 of the Mental Health Amendment Act, 2007.


--------------------------------
Alberta Regulation 338/2009
Railway (Alberta) Act
INDUSTRIAL RAILWAY REGULATION
Filed: December 14, 2009
For information only:   Made by the Minister of Transportation (M.O. 28/09) on 
November 17, 2009 pursuant to section 30 of the Railway (Alberta) Act. 
Table of Contents
	1	Interpretation
	2	Application
	3	Operator responsible for work of contractors
Part 1 
Industrial Railway Rules and Standards
	4	Industrial Railway Operating Rules
	5	Industrial Railway Locomotive Inspection and Safety Rules
	6	Industrial Railway Rail Car Mover Inspection and Safety Rules
	7	Industrial Railway Freight Car Inspection and Safety Rules
	8	Industrial Railway Rules Respecting Track Safety
	9	Industrial Railway Crossing Rules
	10	Industrial Railway Transfer of Dangerous Goods Rules
	11	Industrial Railway Employee Qualifications Standards
	12	Industrial Railway Safety Critical Positions Rules
	13	Industrial Railway Medical Rules for Positions Critical to Safe 
Industrial Railway Operations
Part 2 
Consequential, Expiry and Coming into Force
	14	Consequential
	15	Expiry
	16	Coming into force 
 
Schedules
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Railway (Alberta) Act;
	(b)	"competent", in relation to an employee, means that the 
employee, in the opinion of the employer,
	(i)	is adequately qualified, having a degree, diploma or 
certificate appropriate to the work the employee 
performs,
	(ii)	is suitably trained, having received a health and safety 
orientation, specific work-related instructions and 
on-the-job training, and
	(iii)	has sufficient experience, having worked under direct 
supervision and having demonstrated, through 
performance, the ability to perform work safety without 
supervision or with minimal supervision;
	(c)	"contractor" means a person or company contracted to carry 
out one or more of the functions or duties of an industrial 
railway operator under this Regulation;
	(d)	"employee" means a person employed by or acting on behalf 
of an industrial railway operator, and includes an employee 
of a contractor;
	(e)	"industrial railway operator" or "operator" means a person to 
whom section 2 of the Act applies in respect of an industrial 
railway;
	(f)	"person in charge" means a person responsible for ensuring 
the safe conduct of the work of employees.
(2)  In this Regulation, a reference to a rule approved under the 
Railway Safety Act (Canada) is a reference to the rule as it read on the 
coming into force of this Regulation.
Application
2   This Regulation applies to industrial railways.
Operator responsible for work of contractors
3   If an industrial railway operator contracts with a person or company 
to carry out one or more of the functions or duties of the operator 
under this Regulation, the operator shall ensure that the contractor 
complies with this Regulation as if the contractor were the operator.
Part 1 
Industrial Railway Rules  
and Standards
Industrial Railway Operating Rules
4   The Canadian Rail Operating Rules (TC O-093), approved by the 
Minister of Transport (Canada) under the Railway Safety Act (Canada), 
as modified for the purposes of this Regulation and contained in 
Schedule 1 as the Industrial Railway Operating Rules, are declared in 
force.
Industrial Railway Locomotive Inspection and Safety Rules
5   The Railway Locomotive Inspection and Safety Rules (TC O-0-76), 
approved by the Minister of Transport (Canada) under the Railway 
Safety Act (Canada), as modified for the purposes of this Regulation 
and contained in Schedule 2 as the Industrial Railway Locomotive 
Inspection and Safety Rules, are declared in force.
Industrial Railway Rail Car Mover Inspection and Safety Rules
6(1)  In this section, "rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the propulsion 
or control of freight or service equipment.
(2)  An industrial railway operator that operates a rail car mover shall 
ensure that the rail car mover is inspected and maintained in 
accordance with the Industrial Railway Rail Car Mover Inspection and 
Safety Rules set out in Schedule 3.
Industrial Railway Freight Car Inspection and Safety Rules
7   The Railway Freight Car Inspection and Safety Rules (TC O-06-1), 
approved by the Minister of Transport (Canada) under the Railway 
Safety Act (Canada), as modified for the purposes of this Regulation 
and contained in Schedule 4 as the Industrial Railway Freight Car 
Inspection and Safety Rules, are declared in force.
Industrial Railway Rules Respecting Track Safety
8   The Rules Respecting Track Safety (TC-E-04.2), approved by the 
Minister of Transport (Canada) under the Railway Safety Act (Canada), 
as modified for the purposes of this Regulation and contained in 
Schedule 5 as the Industrial Railway Rules Respecting Track Safety, 
are declared in force.
Industrial Railway Crossing Rules
9   An industrial railway operator shall ensure that it complies with the 
Industrial Railway Crossing Rules set out in Schedule 6.
Industrial Railway Transfer of Dangerous Goods Rules
10   An industrial railway operator shall ensure that it complies with 
the Industrial Railway Transfer of Dangerous Goods Rules set out in 
Schedule 7.
Industrial Railway Employee Qualifications Standards
11   An industrial railway operator shall ensure that it complies with 
the Industrial Railway Employee Qualifications Standards set out in 
Schedule 8.
Industrial Railway Safety Critical Positions Rules
12   An industrial railway operator shall ensure that it complies with 
the Industrial Railway Safety Critical Positions Rules set out in 
Schedule 9.
Industrial Railway Medical Rules for Positions Critical to Safe Industrial 
Railway Operations
13   An industrial railway operator shall ensure that it complies with 
the Industrial Railway Medical Rules for Positions Critical to Safe 
Industrial Railway Operations set out in Schedule 10.
Part 2 
Consequential, Expiry and 
Coming into Force
Consequential
14   The Railway Regulation (AR 177/2002) is amended
	(a)	in the title by adding "PUBLIC" before "RAILWAY";
	(b)	by adding the following after section 1:
Application
1.1   Except to the extent that it is inconsistent with the 
Industrial Railway Regulation, this Regulation applies to 
industrial railways.
Expiry
15   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on December 31, 2019.
Coming into force
16   This Regulation comes into force on January 1, 2010.
Schedule 1 
 
Industrial Railway Operating Rules
1  General Notice
1.1  Safety and a willingness to obey these Rules are of the utmost 
importance in the performance of duty.  If in doubt, the safe course 
must be taken.
1.2  An industrial railway operator shall develop and maintain general 
operating instructions in respect of its railway operations using the 
Industrial Railway Regulation as a guideline.  General operating 
instructions must not contain instructions for anything other than a rail 
operation.
2  General Rules
2.1  Every employee in any service connected with rail car movements 
and protection of track work and track units shall
	(a)	be subject to and conversant with these Rules, general 
operating instructions and all operating procedures pertaining 
to the employee's occupation,
	(b)	have access to a copy of these Rules and the general 
operating instructions while on duty,
	(c)	provide every possible assistance to ensure that every rule 
and general operating instruction is complied with and shall 
report promptly to the person in charge of rail operations any 
violations of these Rules,
	(d)	communicate by the quickest available means to the person 
in charge of rail operations any condition that may affect the 
safe movement of an engine or rail car and be alert to the 
industrial railway operator's interest, and join forces to 
protect it,
	(e)	obtain assistance promptly when required to control a 
harmful or dangerous condition,
	(f)	be conversant with and governed by every safety rule and 
instruction of the industrial railway operator pertaining to the 
employee's occupation,
	(g)	recertify based on job classification at prescribed intervals 
not to exceed 3 years, and
	(h)	seek clarification from the person in charge of rail operations 
if in doubt as to the meaning of any rule or instruction.
2.2  Special instructions will be found in general operating instructions 
or operating bulletins.  They may be appended to or included within 
copies of these Rules, but must not contravene these Rules unless the 
Railway Administrator has granted an exemption.
2.3  Employees must
	(a)	be vigilant to avoid the risk of injury to themselves or others,
	(b)	expect the movement of equipment or a track unit at any 
time, on any track, in either direction,
	(c)	not stand in front of approaching equipment for the purpose 
of boarding the equipment,
	(d)	not ride the side or above the roof of moving equipment 
when there are passing side or overhead restrictions, or both,
	(e)	not be on the roof of moving equipment or on the lading of a 
moving open top rail car,
	(f)	not be on the end of a rail car while it is in motion, except for 
the purpose of operating a handbrake, and
	(g)	not ride on
	(i)	any rail car known or suspected to contain a shifted load 
or to be damaged such that its structure or components 
may not be secure, or
	(ii)	any rail car trailing a freight car described in subclause 
(i).
Note:  In the case of a shop track or rip track, it may be necessary for 
an employee to ride on equipment that has been damaged, but only 
when all precautions have been taken to ensure safety and no person is 
in a position of peril.
2.4  Employees must be acquainted with, and be on the lookout for, 
side and overhead clearances.  Where standard restricted clearance 
signs are used, no other advice of restricted clearance will elsewhere or 
otherwise be given.  If standard restricted clearance signs are not 
provided in a yard or terminal, the location of the restricted clearance 
must be shown in general operating instructions.
2.5  The use or possession of intoxicants or narcotics by employees on 
duty or subject to duty is prohibited.
2.6  The use or possession of mood-altering agents by employees on 
duty or subject to duty is prohibited except as prescribed by a doctor.
2.7  The use of drugs, medication or mood-altering agents, including 
those prescribed by a doctor, that will in any way adversely affect an 
employee's ability to work safely is prohibited.
2.8  Employees must know and understand the possible effects of 
drugs, medication or mood-altering agents, including those prescribed 
by a doctor, that will in any way adversely affect their ability to work 
safely.
2.9  Employees directly involved with rail operations are governed by 
the drug and alcohol policies of the industrial railway operator.
2.10  Wherever the following occupational names or titles appear in 
these Rules or general operating instructions, they apply to the 
employee who is competent and is responsible for performing the 
duties of that person:
		brakeman; 
foreman; 
groundman; 
engine operator; 
flagman; 
switchman.
2.11  When in these Rules the distance prescribed for the placement of 
signs or flags is not possible due to track configuration, the maximum 
distance available applies.
2.12  All flags, signs and signals referred to in these Rules must meet 
the applicable standards prescribed by Transport Canada.
3  Definitions
3.1  In these Rules,
	(a)	"crossover" means a track joining adjacent main tracks, or a 
main track and another track.  The switches at both ends of a 
crossover are normal when set for through movements on the 
other tracks;
	(b)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(c)	"engine operator" means a person who operates an engine or 
other equipment that moves rail cars;
	(d)	"equipment" means one or more engines or rail cars or track 
units that can be handled on their own wheels in a 
movement;
	(e)	"facing point" means a switch location where the equipment 
is facing the switch points.  Facing point movements have a 
high likelihood of resulting in derailment if the switch point 
is not tightly closed when set for the proper route;
	(f)	"fixed signal" means a signal or sign at a fixed location 
indicating a condition affecting the operation of a movement;
	(g)	"foul" means equipment left in the area where 2 tracks come 
together in a position where it could be struck by equipment 
moving on the other track (sideswiped).  The term "foul" also 
describes a situation where derailed equipment is located 
adjacent to a parallel track in a position where it could be 
struck by equipment moving on the other track;
	(h)	"fouling point" means a location in a trailing point movement 
in the vicinity of a switch where standing equipment will not 
be struck by movements passing on other tracks;
	(i)	"general operating instructions" means a document prepared 
by an industrial railway operator containing plant-specific 
descriptive information, approved site-specific procedures 
and special instructions relating to a rail operation;
	(j)	"industrial railway crossing" means a road crossing located 
within an industrial site identified with crossing signs or stop 
signs, or both;
	(k)	"known to be clear" means the seeing of the portion of the 
track to be used as being clear and remaining clear of 
equipment and as having sufficient room to contain 
equipment being pushed.  This determination must be made 
by a competent employee who can observe the track and has 
radio contact with the employee controlling the movement.  
Where a track has been seen to be clear, and no access to that 
track is possible by another movement, the track may be 
considered as "known to be clear";
		When it can be determined that other movements are not on 
duty or will not be performing work in the track to be used, 
the requirement of "known to be clear" can be considered to 
be fulfilled continuously;
	(l)	"main track" means a track that is owned or operated by a 
person other than an industrial railway operator that is 
governed by one or more methods of control on which 
movements, track units and track work must be authorized;
	(m)	"operating bulletin" means a bulletin prepared by an 
industrial railway operator containing information about a 
condition that is temporarily affecting an operation or a 
change to an existing rule or procedure;
	(n)	"public crossing" means a road crossing located outside an 
industrial site;
	(o)	"rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the 
propulsion or control of freight or service equipment;
	(p)	"reduced speed" means a speed that will permit stopping
	(i)	within 1/2 the range of vision of equipment,
	(ii)	short of a switch not properly lined,
	(iii)	in response to a hand signal,
	(iv)	in response to a red signal as provided for in Rule 12,
	(v)	in response to a derail set in the derail position, and
	(vi)	in response to an unsafe condition,
		but in no case in excess of 10 mph;
	(q)	"route" means the track an engine will use in passing from 
one location to another;
	(r)	"semi-automatic switch" means a yard switch equipped with 
a mechanism that permits an engine to trail through the 
switch points thus setting the switch for the route being used;
	(s)	"track unit" means a vehicle or machine capable of on-track 
operation utilized for track inspection, track work and other 
railway activities when on a track;
	(t)	"track work" means any work that may render the track 
unsafe for movements at normal speed or where protection 
against movements may be required for employees and 
machines involved in track construction and repairs;
	(u)	"trailing point movement" means approaching a switch 
location where the movement is trailing through the switch 
points. If the switch is not properly set for the route, and 
equipment moves past the switch points, damage to the 
switch will occur and the switch must be fixed or "spiked" 
before making a reverse movement or derailment is likely;
	(v)	"yard" means a system of non-main tracks, utilized to switch 
equipment and for other purposes, over which movements 
may operate, subject to prescribed signals, rules and special 
instructions;
3.2  When the term "movement" is used in these Rules, it refers to an 
engine or engines coupled with or without rail cars that are about to 
operate or are operating on railway track.
Signal Rules
4  Hand signals
4.1  Employees whose duties may require them to give hand signals 
must have the proper appliances and keep them in good order and 
ready for immediate use.  Night signals must be used from sunset to 
sunrise and when day signals cannot be plainly seen.
Note 1:  The hand or a flag displayed in the same manner as the 
lantern, which is illustrated in the following diagrams, gives the same 
indication.
Note 2:  The term "night signals" refers to the use of a 
railway-approved signal lantern.
Method of Display and Indication
(i)
 
Swung from side to side at right 
angle to the track.  STOP
(ii)
 
Swung in a circle at right angle 
to the track at a speed in 
proportion to the speed required. 
MOVE BACKWARD
(iii)
 
Raised and lowered at a speed in 
proportion to the speed required. 
MOVE FORWARD
(iv)
 
Held horizontally at arm's 
length. 
REDUCE SPEED
(v)

Any object waved violently by 
anyone on or near the track is a 
signal to stop.
4.2  A signal given to move forward or move backward must be given 
in relation to the front of the controlling engine.
4.3  A signal must be given in sufficient time before the required 
action to permit compliance.  It must be given from a point where it 
can be plainly seen and in such a manner that it cannot be 
misunderstood.  If there is doubt as to the meaning of a signal, or for 
whom it is intended, it must be regarded as a stop signal.
4.4  Whenever practicable, when switching is being performed, 
required signals must be given directly to the employee controlling the 
engine.
4.5  When moving under the control of hand signals, the disappearance 
from view of either the crew member or lights by which signals 
controlling the movement are being given must be regarded as a stop 
signal.
4.6  A crew member, whose movement is clear of the main track, shall 
not give an approaching movement a hand signal to move forward.
4.7  Where hand signals are to be used instead of radio, employees are 
governed by Rule 33.
5  Engine bell
5.1  The engine bell must be rung when
	(a)	an engine is about to move, except when switching requires 
frequent stopping and starting after the initial move, and
	(b)	passing any movement standing on an adjacent track.
6  Engine bell failure
6.1  If the engine bell or audible warning device fails, repairs must be 
made as quickly as possible.
7  Headlight
7.1  The full power of the headlight or other alternative lighting in the 
direction of travel must be used when approaching an industrial 
railway crossing until the crossing is fully occupied.
7.2  On non-main track, the headlight on a movement must be
	(a)	displayed at the front and rear of an engine while moving, 
except that the light may be extinguished on the end coupled 
to rail cars, and
	(b)	displayed at the front while moving forward, except when 
approaching or being approached by an opposing movement.
7.3  If the headlight on a movement fails and repairs cannot be made, 
ditch lights or other such lights as are available must be used and the 
movement may proceed.  The person in charge of rail operations must 
be notified of this condition at the first available opportunity and in no 
case later than the end of shift.  Repairs should be arranged as soon as 
possible.
8  Blue signal protector
8.1  A blue flag by day, and in addition a blue light by night or when 
day signals cannot be plainly seen, displayed at one or both ends of 
equipment indicates that workmen are in the vicinity of such 
equipment.  On a track that permits entry of a movement from one end 
only, a blue signal displayed between the equipment and the switch 
permitting entry indicates that workmen are in the vicinity of such 
equipment.  When such signals are displayed, the equipment must not 
be coupled to or moved.  The removal of the signal from one or both 
ends of equipment indicates that no workmen are in the vicinity of the 
equipment and such equipment may be coupled to or moved.
Exception:  When repairs must be undertaken on a manned 
movement, the employee in charge of the engine must be notified 
before the repair work is commenced.  When so notified, the 
movement must not be moved nor the brakes applied or released until 
the workmen have advised that they are in the clear.  When so 
protected, blue signals are not required.
8.2  Other equipment must not be placed on the same track that will 
block a clear view of the blue signal(s) without first notifying the 
workmen.  When equipment is placed on the same track, the 
movement placing such equipment must remain on that track until the 
workmen have relocated the blue signal(s) to include the additional 
equipment.
8.3  Each class of workmen must display the blue signal(s) and the 
same class of workmen only are authorized to remove them.
8.4  Other methods of protecting workmen performing equipment 
repairs or inspections must be described in general operating 
instructions.
8.5  Blue flag derails - these derails are used in conjunction with blue 
flags and must be in the derailing position only when protection for 
personnel is required.  When protection is no longer required, they 
must be locked in a non-derailing position.
9  Signal imperfectly displayed
9.1  A fixed signal that is imperfectly displayed, or the absence of a 
fixed signal where one is usually displayed, must be regarded as the 
most restrictive indication that such signal is capable of displaying.  
An imperfectly displayed signal must be communicated to the person 
in charge of rail operations as soon as possible.  According to the 
definition of a "fixed signal", signs and switch targets are considered 
fixed signals.
10  Fixed signal recognition and compliance
10.1  The crew on the engine of any movement must know the 
indication of each fixed signal, including switches where practicable, 
before passing it.
10.2  Crew members within hearing range must communicate to each 
other, in a clear and audible manner, the indication by name of each 
fixed signal they are required to identify.  Each signal affecting their 
movement must be called out as soon as it is positively identified, but 
crew members must watch for and promptly communicate and act on 
any change of indication that may occur.
The following signals/operating signs conditions must be 
communicated: 
		stop sign; 
red signal between the rails; 
stop signal displayed by flagman; 
switch not properly lined for the movement affected; 
derail sign and condition of derail; 
blue flag.
10.3  If prompt action is not taken to comply with the requirements of 
each signal indication affecting their movement, crew members must 
remind one another of such requirements.  If no action is then taken, or 
if the employee controlling the engine is observed to be incapacitated, 
other crew members must take immediate action to ensure the safety of 
the movement, including stopping it in an emergency if required, and 
report the incident to the person in charge of rail operations.
11  Emergency protection
11.1  Any employee discovering a hazardous condition that may affect 
the safe passage of a movement must, by the use of red flags, lights, 
radio, telephone or other means, make every possible effort to stop or 
provide necessary instructions, or do both, to any movement that may 
be affected, and report the hazardous condition to the person in charge 
of rail operations.
Note:  Flag protection must be provided on main track unless or until 
otherwise relieved of the requirement.
11.2  On a non-main track, a flagman must go the required distance 
from the condition, and in each direction when possible, to ensure that 
an approaching movement will have sufficient time and distance to be 
able to stop before the condition.  Unless otherwise provided, a 
flagman must go at least one rail car length from the condition to a 
location where there will be a clear view of the flagman from an 
approaching movement.
11.3  On a main track, a flagman must go the required distance from 
the condition, and in each direction when possible, to ensure that an 
approaching movement will have sufficient time and distance to be 
able to stop before the condition.  Unless otherwise provided, a 
flagman must go at least 2 miles from the condition to a location where 
there will be a clear view of the flagman from the approaching 
movement.
11.4  When a movement is observed approaching, the flagman must 
display a stop signal using a red flag by day or a red light by night or 
when day signals cannot be plainly seen.  The flagman must continue 
to display a stop signal until the movement being flagged has
	(a)	acknowledged the stop signal with 2 short toots of the engine 
whistle,
	(b)	come to a stop, or 
	(c)	reached the location of the flagman.
11.5  A movement stopped by a flagman must not proceed until so 
instructed by the flagman.
Note:  This Rule does not authorize main track movement or track 
work.
Protection of Impassable or 
Speed-restricted Track
12  Protection of track work on non-main track
12.1  Note:  Before any track work is started, the person in charge of 
rail operations shall provide protection as follows:
	(a)	each switch must be locked with a special lock in the position 
that will prevent a movement from operating on the portion 
of track where work is to be performed, or an alternative 
method of protection may be used that will ensure the safety 
of track workers;
	(b)	a red flag must be placed by day, and in addition, a red light 
must be used by night or when day signals cannot be plainly 
seen, between the rails in each direction from the working 
point.  When practicable, such signals must be placed at least 
100 yards from the working point and where there will be a 
clear view of them from an approaching movement of 300 
yards if possible.  When there is equipment on that track that 
prevents a clear view from an approaching movement of 300 
yards, the red signals must be placed to include such 
equipment.  Where the track configuration does not allow the 
red signals to be seen from an approaching movement of 300 
yards, the red signals must be placed at a distance of more 
than 100 yards from the working point so that they can be 
seen from an approaching movement of 300 yards.
12.2  The Railway Administrator may reject an industrial operator's 
alternative method of protection under Rule 12.1(a) if, in the Railway 
Administrator's opinion, an adequate level of safety has not been 
achieved.
12.3  A movement approaching a red signal located between the rails 
of a track must be stopped before passing it and must not proceed 
beyond such signal until it has been removed.  An employee of the 
same class who placed the red signal or special lock may alone remove 
it, but only when authorized by the person in charge of rail operations.
12.4  Equipment must not be placed on the track being protected that 
will block a clear view of the red signals.
12.5  Specific notification procedures of the industrial railway operator 
must be followed to ensure that employees are aware of track work 
being performed.  This is in addition to the protection requirements of 
Rule 12.1(a) and (b).
13  Mounting of signals
13.1  When signals are displayed as prescribed by Rule 12, they must 
be mounted on staffs and elevated to give an unobstructed view of 
them as seen by the crew of an approaching movement.  They must be 
of the prescribed colour, size and shape.
13.2  When a day signal cannot be plainly seen, each flag must be a 
reflectorized lens, target or disc, or a reflectorized sign may be used 
instead.  In the application of Rule 12, the required light must be 
displayed.
Operation of Movements
14  Operating bulletins
14.1  Operating bulletins, when required, must be issued by the person 
in charge of rail operations in the format prescribed by the industrial 
railway operator.  Employees responsible for posting or displaying 
operating bulletins shall record on each bulletin the time and date it is 
posted or displayed.  Operating bulletins must only contain 
information or instructions pertaining to the operation of movements.  
Duplicate bulletin numbers must not be in effect at the same time.
14.2  Before commencing work at a location where operating bulletins 
are posted or displayed, every employee responsible for the operation 
or supervision of movements must read and understand the operating 
bulletins that are applicable to the territory that those employees will 
operate on.
14.3  A Summary bulletin containing the number, date and contents of, 
or reference to, each operating bulletin remaining in effect must be 
issued at intervals indicated in general operating instructions.  
Operating bulletins of a previous date, which are not included or 
referred to in the Summary bulletin, then become void.  Summary 
bulletins may also contain the full content of operating bulletins that 
take effect on or after the effective date of the Summary bulletin and 
must not be posted or displayed.  All employees responsible for the 
operation or supervision of movements must have a copy of the current 
Summary bulletin accessible while on duty.
15  Starting a movement
15.1  A movement must not take place until the proper signal or 
instruction is received and acknowledged by the engine operator from 
a crew member.
15.2  A movement must not take place before the following 
considerations have been appropriately addressed:
	(a)	if a movement cannot be controlled by an engine, the 
movement must have brake pipe hoses coupled and rail cars 
sufficiently charged to operate brakes to safely control the 
movement;
	(b)	if equipment is to be moved other than by an engine, the 
cable hook must be applied only to the approved hook 
attachment location on the rail car;
	(c)	equipment to be moved must have all handbrakes fully 
released to ensure its wheels are not skidded;
	(d)	equipment must only be moved by engines
	(i)	that have an approved coupler, or
	(ii)	by a method or system approved by the Railway 
Administrator.
16  Stopping clear of fouling point
16.1  A movement required to stop at a meeting, clearing or waiting 
point with another movement must be stopped clear of the route to be 
used by another movement.
17  Protection against extraordinary conditions
17.1  A movement must be fully protected against any known or 
suspected condition that may interfere with its safe passage.
17.2  A movement must stop at once and be fully inspected when it is 
known or suspected to have struck any object that may interfere with 
its safe operation.
18  Emergency stop protection
18.1  The crew of a movement stopping as a result of an emergency 
brake application or other abnormal condition that has caused an 
adjacent main track to be obstructed must
	(a)	immediately provide red flag protection as outlined in Rule 
11,
	(b)	as soon as possible, advise the service provider for the 
industrial railway operator affected of the situation and 
emergency stop location, indicating what tracks are 
obstructed, and
	(c)	continue to provide red flag protection until advised by the 
service provider that all affected movements on other tracks 
have been secured, stopped or advised of the emergency stop.
19  Public crossings at grade
19.1  Note:  This Rule and Rule 20 apply only to a public crossing.
19.2  When rail cars not headed by an engine or other equipment 
equipped with a whistle and headlight are moving over a public 
crossing at grade, a crew member must provide manual protection of 
the crossing until the crossing is fully occupied.
Exception:  Manual protection of the public crossing is not required if 
the crossing is equipped with automatic warning devices and a crew 
member is on the leading rail car to warn persons standing on or 
crossing or about to cross the track.  However, if the public crossing is 
not equipped with automatic warning devices, the movement must not 
approach to within 100 feet of any public crossing unless such 
crossings are protected as described in Rule 20.4 (manual protection).
19.3  Crew members shall not give vehicular traffic a hand signal to 
proceed over a public crossing.
19.4  Except at those public crossings with an exemption as indicated 
in general operating instructions, no part of a movement may be 
allowed to stand on any part of a public crossing at grade for a period 
longer than 5 minutes when vehicular or pedestrian traffic requires 
passage.  Switching operations at public crossings must not obstruct 
vehicular or pedestrian traffic for a period longer than 5 minutes at a 
time.  When emergency vehicles require passage, employees must 
cooperate to quickly clear the involved crossings.
Note:  An agreement may be mutually established between the 
municipal authority and the industrial railway operator extending the 
time restrictions and must be indicated in general operating 
instructions.
19.5  Equipment must not be left standing within 100 feet of the 
travelled portion of a public or private crossing at grade when 
sightlines around the equipment would impair vehicular traffic's view 
of equipment moving on an adjacent track, except where it is necessary 
to leave the equipment for loading or unloading.  In cases where 
equipment is left closer than 100 feet for loading or unloading, manual 
protection must be provided on adjacent tracks until the crossing is 
fully occupied.
19.6  Before switching or operating a remote control engine over an 
unprotected public crossing at grade where the view of the crossing by 
the employee controlling the engine is obscured, arrangements must be 
made for a crew member or other qualified employee to be in position 
to observe the crossing and give signals and instructions to the 
employee controlling the engine as necessary.
19.7  When providing manual protection of a public crossing, a crew 
member or other qualified employee must be on the ground ahead of 
the movement in a position to stop vehicular and pedestrian traffic 
before entering the crossing.  A hand signal by day, and a red light by 
night, must be used to give a signal to stop vehicular and pedestrian 
traffic over the crossing.  The movement must not enter the crossing 
until a signal to enter the crossing has been received from the crew 
member providing the manual protection.
20  Public crossings at grade with warning devices
20.1  When a movement passes over a public crossing at grade 
equipped with automatic warning devices, it is necessary, before 
reversing over the crossing, for a crew member to provide manual 
protection of the crossing.
20.2  Unless manually protected, the crossing must not be obstructed 
until the warning devices have been in operation for at least 20 
seconds.
20.3  Equipment must not be allowed to stand so as to cause the 
unnecessary operation of warning devices.
20.4  When advised by general operating instructions that rusty rail or 
other conditions may exist, occupancy of public crossings with 
automatic warning devices must be manually protected unless or until 
it is known that warning devices have been operating for at least 20 
seconds.
21  Hand-operated switches
21.1  Unless otherwise specified by general operating instructions, 
non-main track switches, when equipped with a lock, must be lined in 
normal position and locked after having been used.  When equipped 
with a target, light or reflector, the switch must indicate the following:

 

NORMAL POSITION               REVERSE POSITION
21.2  Except while being turned, each switch must be secured with an 
approved device.  When a switch has been turned, the points must be 
examined and the target, light or reflector, if any, observed to ensure 
that the switch is properly lined for the route to be used. 
21.3  A switch must not be turned while any part of a rail car or engine 
is between the switch points and the fouling point of the track to be 
used.
21.4  If it is known or suspected that either of the points or any part of 
a switch is damaged or broken, the switch must be protected until it 
can be made safe for use.  A report must be made to the person in 
charge of rail operations by the quickest available means.
22  Semi-automatic switches
22.1  A semi-automatic switch must be equipped with a reflectorized 
target to indicate the following:

 

SET FOR NORMAL                       SET FOR OTHER 
         ROUTE                                   THAN NORMAL 
                                                                  ROUTE
22.2  When ice or snow may affect the ability of the switch points on a 
semi-automatic switch to close properly when operated by wheel 
flange, a member of the crew must manually line the switch and ensure 
that the points are properly lined before a trailing move is commenced 
over the switch.  Movements operating in a facing point direction must 
observe the position of the points in addition to the target indication 
before proceeding over a semi-automatic switch.
22.3  After coupling to equipment at a semi-automatic switch, or when 
reversing direction through such a switch, a facing point move must 
not be made unless one unit of equipment has trailed entirely through 
the switch, or it is known that the points are properly lined for the 
movement.
23  Derails
23.1  The location of each derail must be marked by a sign, unless 
otherwise directed by general operating instructions.  Employees must 
be familiar with the location of each derail.
23.2  A movement or track unit must stop short of a derail set in the 
derailing position.
23.3  Each derail must be left in the derailing position.  When so 
authorized by general operating instructions, a derail may be left in the 
non-derailing position only when stored equipment is not present.
23.4  Derails must be left secured with a locking device controlled by 
the facility when equipment containing dangerous goods is being 
loaded or unloaded.
23.5  Crew members approaching a derail must communicate the status 
of the derail (set in derailing or non-derailing position) before moving 
equipment to within 2 rail car lengths of the derail location.
24  Speed on industrial railway track
24.1  A movement using industrial railway track must operate at 
reduced speed, not to exceed 10 miles per hour, and be prepared to 
stop short of the end of track, track units, red signal as provided for in 
Rule 12, blue signal as provided for in Rule 8, derails not set in the 
non-derailing position and switches not properly lined for the route to 
be used or track units.
25  Crew responsibilities
25.1  All crew members are responsible for the safe operation of 
movements and equipment in their charge and for the observance of 
these Rules.  Under conditions not provided for by these Rules, the 
crew members must take every precaution for protection.
26  Securing equipment
26.1  Unless otherwise directed by general operating instructions, a 
sufficient number of handbrakes must be applied on equipment left at 
any point to prevent it from moving.  Equipment left on any track must 
be coupled to other equipment, if any, on such track unless it is 
necessary to separate such equipment at a public crossing at grade or 
elsewhere.
26.2  Before relying on the retarding force of the handbrake(s), 
whether leaving equipment or riding equipment to rest, the 
effectiveness of the handbrake(s) must be tested by fully applying the 
handbrake(s) and moving the cut of rail cars slightly to ensure that 
sufficient retarding force is present to prevent the equipment from 
moving.  When leaving a cut of rail cars secured, and after completion 
of this test, the cut should be observed while pulling away to ensure 
that slack action has settled and that rail cars remain in place.
26.3  Application of handbrakes must not be made while equipment is 
being pulled or pushed.
27  Coupling to equipment
27.1  Before coupling to equipment at any point, care must be taken to 
ensure that the equipment is properly secured.
27.2  Unless otherwise specified in general operating instructions, 
before coupling to or moving equipment being loaded or unloaded, all 
persons in or about the equipment must be notified.  Vehicles and 
loading or unloading devices must be clear.
27.3  When coupling to equipment for any purpose except when flat 
switching rail cars are intentionally let run free, the coupling must be 
stretched to ensure that it is secure.
27.4  To prevent by-pass couplers when coupling to equipment on 
other than tangent track, a stop must be made not less than 6 feet nor 
greater than 12 feet from the coupling and extreme caution must then 
be used, ensuring couplers are properly aligned prior to coupling being 
made.
27.5  After coupling, the equipment must be checked for applied 
handbrakes as may normally be expected to be present.
28  Fouling other tracks
28.1  Equipment must not be allowed to move foul of another track 
unless properly protected.
28.2  A movement must not foul a track until the switches connected 
with the move are properly lined, or in the case of semi-automatic 
switches, the conflicting route is known to be clear.
Exception:  A movement may foul a track connected by a 
hand-operated switch if
	(a)	neither the track occupied nor the track to be fouled are main 
tracks,
	(b)	the conflicting route is known to be clear, and
	(c)	the switch is properly lined before the movement passes over 
it.
28.3  Equipment must not be left foul of a connecting track unless the 
switch is left lined for the track on which the equipment is standing.
29  Shoving equipment
29.1  When equipment is shoved by an engine or is headed by an 
unmanned remotely controlled engine, a crew member must be on the 
leading piece of equipment or on the ground in a position to observe 
the track to be used and to give signals or instructions necessary to 
control the move.
Exception:  A crew member need not be so positioned when the 
portion of the track to be used is known to be clear.
29.2  "Known to be clear" is defined as seeing the portion of the track 
to be used as being clear and remaining clear of equipment and as 
having sufficient room to contain the equipment being pushed.  This 
determination must be made by a competent employee who can 
observe the track and has radio contact with the employee controlling 
the movement.  Where a track has been seen to be clear, and no access 
to that track is possible by another movement, the track may be 
considered as "known to be clear". 
Note:  When it can be determined that other movements are not on 
duty or will not be performing work in the track to be used, the 
requirement of "known to be clear" can be considered to be fulfilled 
continuously.
29.3  Where a railway track and a public road share the same roadbed 
and there is no fence or other barrier between them, moving rail cars 
not headed by an engine or when headed by a remotely controlled 
engine must be protected by a crew member on the leading car or on 
the ground in a position to warn persons standing on or crossing or 
about to cross the track.
Radio
30  Reliability tests
30.1  The crew of a movement when equipped with radios must carry 
out an intra-crew test of such radios before using these radios to 
control a movement or provide any form of protection.
31  Continuous monitoring
31.1  When not being used to transmit or receive a communication, 
receivers must be set to the appropriate channel and at a volume that 
will ensure continuous monitoring.  When required to use another 
channel to perform other duties, at least one radio, when practicable, 
should be set to the designated channel to receive emergency 
communications.
32  Radio terms
32.1  Each industrial railway operator shall develop and implement a 
set of radio protocols appropriate for their operations that ensures the 
safety of the operation.
33  Radio or hand signals
33.1  Before changing from radio to hand signals, a definite 
understanding as to the method of control must be established between 
crew members giving or receiving instructions.  In case of an 
emergency, either method may be used in addition to that previously 
arranged.
34  Switching by radio
34.1  When radio is used to control switching, and after positive 
identification has been established, the following procedures are 
required:
	(a)	direction in relation to the front of the controlling engine 
must be given in the initial instruction and from then on 
whenever the direction is to change;
	(b)	distance to travel must be given with each communication;
		Note:  Increments of less than 2 rail car lengths need not be 
repeated.
	(c)	when the movement has travelled 1/2 of the distance required 
by the last instruction and no further communication is 
received, the movement must stop at once.
		Note:
	1	When controlling a movement, the engine number will 
be used to address the employee controlling the 
movement, e.g., "Engine 7438 move backward 10 rail 
cars".
	2	Doubt as to the meaning of an instruction or for whom it 
is intended must be regarded as a stop signal.
	3	When rail car lengths are used to communicate distance, 
unless otherwise arranged, the distance referred to is 50 
feet per rail car length.
35  Positive identification
35.1  The person initiating a radio communication and the responding 
party must establish positive identification.
35.2  The person initiating the radio communication must end the 
initial call with the spoken word "OVER".
35.3  Each party to a radio communication must end their final 
transmission with the spoken word "OUT".
36  Content of radio communications
36.1  Radio communications must be brief and to the point and contain 
only essential instructions or information.
37  Verification procedures
37.1  When verbal instructions or information affecting the safety of a 
movement are received by radio, such information must be repeated to 
the sender.
38  Avoiding distraction
38.1  Information must not be copied by the employee operating 
moving equipment if it will interfere with the safe operation of such 
equipment.
39  Emergency communication procedures
39.1  Each industrial railway operator must include emergency 
communication procedures within its general operating instructions.
Schedule 2 
 
Industrial Railway Locomotive 
Inspection and Safety Rules 
 
Part 1 
General
1  Scope
1.1  These Rules prescribe the minimum inspection and safety 
standards for locomotives operated by an industrial railway operator.
2  Definitions
2.1  In these Rules,
	(a)	"bad order" means a locomotive having a defect as described 
in Part 3 of these Rules;
	(b)	"break" means a fracture resulting in complete separation 
into parts.  The terms "break" and "broken" are used 
interchangeably in these Rules;
	(c)	"candela" means the unit of luminous intensity of a light 
source;
	(d)	"cracked" means fractured without complete separation into 
parts;
	(e)	"dBA" means an abbreviated symbol for a sound level 
measured on the "A" weighted slow response scale of a 
sound level meter;
	(f)	"designated service" means operation of a locomotive 
exclusively under conditions where it
	(i)	is not used as an independent or controlling locomotive 
in the lead position except within a single yard area,
	(ii)	is not occupied by an employee when the locomotive is 
moving from one yard area to another, and
	(iii)	has stencilled or posted in the locomotive cab the words 
"To be occupied in Designated Service only";
	(g)	"fire season" means the period of time from April 1 to the 
next following October 31;
	(h)	"in service" means all locomotives except those that are
	(i)	bad order or being moved to another location for 
repair(s) as provided in Rule 4.2, or both,
	(ii)	in a repair shop or on a repair track, or
	(iii)	on a storage track and are dead and drained;
	(i)	"locomotive" means a railway locomotive intended for the 
propulsion or control of rail cars or equipment;
	(j)	"locomotive consist" means a combination of locomotives 
operated from a single control;
	(k)	"locomotive inspector" means an employee who is trained to 
perform safety inspections of locomotives pursuant to Rule 
5.1;
	(l)	"operative" means a component or system that is in a safe 
condition to perform its intended function;
	(m)	"safety control" means a device that will cause a brake 
application to be initiated automatically if a locomotive 
operator becomes incapacitated;
	(n)	"safety defect" means any item or component that is 
defective on a locomotive as prescribed in Part 3 of these 
Rules;
	(o)	"safety glazing material" means safety glass that has been 
certified by the manufacturer as having met the testing 
requirements that are equivalent to, or exceed, North 
American standards;
	(p)	"safety inspection" means an examination of a locomotive 
for safety defects while stationary by a locomotive inspector 
or competent employee to verify that it may move safely, and 
to identify those defects described in Part 3 of these Rules 
that may inhibit that movement and require correction.  
Safety inspections are intended to be of a visual nature;
	(q)	"safety inspection location" means a location where a 
certified locomotive inspector performs safety inspections;
	(r)	"yard service" means locomotives involved exclusively in 
switching, trimming and industrial switching.
3  Industrial railway operator responsibility
3.1  An industrial railway operator is responsible for the inspection and 
repair of all locomotives to ensure safe operation.  All components, 
appurtenances and control apparatuses of all locomotives must be 
designed and maintained to perform their intended function.
3.2  An industrial railway operator shall reply within 30 days in writing 
or by acceptable electronic means to the Railway Administrator on the 
corrective action taken to correct a violation or defect reported by a 
railway safety officer.  The reply must include the unit initials and 
number of the locomotive and the date that and location where the 
corrective action was taken.
4  Application of safety inspections and movement restrictions
4.1  An industrial railway operator shall ensure that locomotives placed 
or continued in service are free from all safety defects described in Part 
3 of these Rules.
4.2  A locomotive identified with safety defects may be moved to a 
designated location for repair only when authorized by a person in 
charge who shall ensure that
	(a)	the locomotive is safe to move (in operating or dead head 
mode in the direction of travel),
	(b)	a means to protect the locomotive's safe movement is 
implemented, including identifying to all employees involved 
the defects that restrict the locomotive's movements, and 
identifying the designated location where the defective 
locomotive must be repaired prior to returning to service and 
the name of the person in charge authorizing the movement, 
and
	(c)	the movement of the locomotive with safety defects is 
controlled and protected by the use of a bad order 
information system, and that the appropriate records are 
retained for a period of 92 days.
5  Locomotive inspector
5.1  An industrial railway operator shall ensure that locomotive 
inspectors are trained to perform safety inspections of locomotives in 
compliance with these Rules.  Locomotive inspectors must 
demonstrate to an industrial railway operator by means of oral or 
written examinations and on-the-job performance a knowledge and 
ability concerning safety inspection of railway locomotives.  
Locomotive inspectors contracted by an industrial railway operator to 
perform safety inspections of locomotives must demonstrate their 
qualifications by producing documentation evidencing their 
competency.
5.2  An industrial railway operator shall maintain a record of all 
locomotive inspectors.  This record must be made available to a 
railway safety officer on request.
5.3  Locomotive inspectors must be re-examined if they have not 
performed the duties prescribed in these Rules for a period of 3 years 
or more.
6  Safety inspection locations
6.1  An industrial site is a safety inspection location for the purpose of 
these Rules.
6.2  At safety inspection locations, all locomotives placed in service 
must receive a safety inspection.
6.3  An industrial railway operator shall maintain a record of all 
locomotives that receive a safety inspection.  This information must be 
retained for a minimum of 92 days and be made available to a railway 
safety officer on request.
6.4  At safety inspection locations, locomotives operating in "yard 
service" or "designated service" must receive a safety inspection at 
intervals not exceeding 45 days.
6.5  At those locations, prior to departure where locomotive(s) 
receiving a safety inspection have been placed in service or placed on a 
train, the locomotive operator must be notified that a safety inspection 
has been performed.  The notification must include any information 
required for movement of safety defects as provided in Rule 4.2.
7  Pre-use inspection
7.1  At safety inspection locations where a locomotive is placed in 
service or a locomotive layover of more than 8 hours has occurred, the 
locomotive must be given a pre-use inspection by either a locomotive 
operator or other competent employee for those conditions listed in the 
Appendix.
7.2  The locomotive operator or competent employee is responsible for 
determining that the prescribed inspection has been completed prior to 
departure.
Part 2 
Locomotive Design Requirements
8  General Design
8.1  A locomotive must be designed and constructed to provide for safe 
operation and protection of the operating crews and property from 
accidents caused by functional failure of locomotives.
8.2  New locomotives must be designed and constructed at a minimum 
in accordance with the latest revision of the Association of American 
Railroads Manual of Standards and Recommended Practices (S-580) 
or to an equivalent standard to provide for safe operation and for the 
protection of operating crews and property from accidents caused by 
functional failure of locomotives.  Such standards must be kept on file 
by the industrial railway operator and made available to the Railway 
Administrator on request.
8.3  Passageways and walkways must be properly treated with 
anti-skid decking to provide secure footing.
8.4  A locomotive consist with open end platforms must have a means 
of safe passage between them.  There must be a continuous barrier 
across the full width of the end of a locomotive or a continuous barrier 
between locomotives.
9  Audible signals
9.1  Locomotives, other than those in designated service operating in a 
controlling position, must be equipped with a horn that is tuned in 
chords of not less than 3 tones meeting the following design criteria:
	(a)	the horn must produce a minimum sound level of 96 dBA at 
any location on an arc of 30.5 metres (100 feet) radius 
subtended forward of the locomotive by angles 45 degrees to 
the left and to the right of the centreline of the track in the 
direction of travel;
	(b)	the control of the horn must be located to allow for 
convenient operation from the locomotive operator's normal 
operating location.
9.2  Locomotives operating in a controlling position must be equipped 
with a bell, or other device capable of producing an equivalent sound, 
meeting the following design criteria:
	(a)	the bell must produce a minimum sound level of 60 dBA at 
any location on an arc of 15.25 metres (50 feet) radius 
subtended forward of the locomotive by angles 45 degrees to 
the left and to the right of the centreline of the track in the 
direction of travel;
	(b)	the control of the bell must be located to allow for convenient 
operation from the locomotive operator's normal operating 
location.
10  Safety control equipment
10.1  Controlling locomotives must be equipped with a safety control 
system that, as a minimum, initiates a full service brake application 
and removes all tractive effort in the event that the person operating 
the locomotive becomes inattentive or incapacitated.
11  Safety appliances
11.1  Safety appliances on locomotives must be in compliance with 
General Order No. 0-10, Regulations Respecting Railway Safety 
Appliance Standards (Canada).
12  Flags and lanterns
12.1  Locomotives must be equipped with 2 red flags and 2 red 
lanterns if movements on the industrial railway have the potential to 
foul the main track.
13  Spark-arresting devices
13.1  Locomotives must be equipped with a spark-arresting device or a 
turbocharger.
14  Illuminating devices
14.1  Locomotives operating in a leading position must be equipped 
with headlight(s) meeting the following design criteria:
	(a)	locomotives must be equipped with a minimum of one 
headlight that produces at least 200 000 candela;
	(b)	headlight(s) on designated or yard service locomotives must 
be aligned to centreline in the horizontal plane and depressed 
in the vertical plane to strike the rail at 91.5 metres (300 feet) 
ahead of the locomotive in the direction of travel;
	(c)	headlight(s) must be provided with a dimming device that 
reduces normal operating voltage by nominally 50%.  The 
control of such devices must be located to allow for 
convenient operation from the locomotive operator's normal 
operating location;
	(d)	locomotives must be equipped with a rear headlight or have 
an illuminating device to provide for a safe switching 
operation.
14.2  Locomotives operating in a controlling position must be 
equipped with means of illuminating the control instruments, meters 
and gauges to enable the locomotive operator to make accurate 
readings from the normal operating location without interfering with 
the operator's vision of track and signals.
15  Safety glazing material
15.1  Locomotives, other than in designated or yard service, must be 
equipped with safety glazing material on all windows of the operating 
and/or occupied cabs.
16  Fail-safe circuits and systems
16.1  Any component of electrical or mechanical systems vital to the 
safety of locomotive occupants must, in the case of failure, retain the 
locomotive in a safe operative condition.
17  Fuel tanks
17.1  Fuel tanks must be provided with suitable liquid level gauges, so 
located that the fuel level in the tanks can be determined when the 
tanks are being filled.  Gauges must be protected against accidental 
breakage where loss of fuel would be incurred.
18  Wheels and axles
18.1  Traction motors support bearing on new locomotives purchased 
subsequent to the approval of this Rule must be of the roller bearing 
type.
Part 3 
Locomotive Inspection Requirements
19  Brake system
19.1  The brake system and all related components, including the 
handbrake, must be
	(a)	in a safe operative condition, and
	(b)	maintained in accordance with the brake manufacturer's 
requirements.
19.2  An industrial railway operator shall have a locomotive pneumatic 
brake maintenance plan in place.  This plan must be made available to 
a railway safety officer on request.
20  Trucks
20.1  An industrial railway operator shall not place or continue in 
service a locomotive with any of the following truck-related defects:
	(a)	cracked or broken truck frames, swing hangers, swing hanger 
pins or equalizers;
	(b)	suspension components, such as coil or rubber springs, 
elliptic springs, snubbers and dampers, must not be missing, 
cracked, broken or out of place and must be properly secured.
20.2  All components attached to the truck frames must be properly 
secured.
20.3  The bolster side bearing and pedestal clearances must be 
maintained within manufacturer's specifications.
20.4  The truck frame, brake rigging and associated components of 
locomotives must be kept free from accumulation of oil, grease and 
other combustible materials.
21  Wheels and axles
21.1  An industrial railway operator shall not place or continue in 
service a locomotive with any of the following wheel defects:
	(a)	flange thickness of 7/8 inches (22.2 mm) or less;
	(b)	vertical flange of 1 inch (25.4 mm) or more;
	(c)	a flange height of 1 1/2 inches (38.1 mm) or more measured 
from tread to the top of the flange;
	(d)	a straight or curved plate wheel with a rim thickness of 3/4 
inches (19.0 mm) or less;
	(e)	a flat spot of 2 1/2 inches (63.5 mm) or more in length or, in 
the case of multiple flat spots, 2 inches (50.8 mm) or more in 
length;
	(f)	a gouge or chip in the flange that is more than 1 1/2 inches 
(38.1 mm) in length and 1/2 inch (12.7 mm) in width;
	(g)	a shell of 2 1/2 inches (63.5 mm) or more in length or, in the 
case of multiple shells, 2 inches (50.8 mm) or more in length;
	(h)	tread worn hollow 5/16 inches (7.9 mm) or more;
	(i)	a crack in the rim, plate or hub;
	(j)	a loose wheel;
	(k)	the variation in the circumference of wheels that exceeds 1/4 
inch or 2 tapes on the same axle when applied or threaded.
21.2  An industrial railway operator shall not place or continue in 
service a locomotive with a traction motor support bearing that shows 
evidence of any of the following:
	(a)	overheating;
	(b)	loose or missing bolts;
	(c)	oil leaking from reservoir;
	(d)	a missing or defective reservoir filler cup, or a drain plug that 
is not properly secured.
21.3  An industrial railway operator shall not place or continue in 
service a locomotive with any of the following journal bearing safety 
defects:
	(a)	a loose or damaged seal;
	(b)	a loose or missing end cap bolt;
	(c)	signs of overheating;
	(d)	a missing or defective gasket, or a drain plug that is not 
properly secured.
22  Draft couplers
22.1  An industrial railway operator shall not place or continue in 
service a locomotive with any of the following coupler-related defects:
	(a)	a coupler shank that is bent out of alignment to the extent that 
the coupler will not couple automatically;
	(b)	a coupler knuckle that is cracked or broken on the inside 
pulling face of the knuckle, except that shrinkage cracks or 
hot tears that do not significantly reduce the strength of the 
knuckle shall not be considered cracked;
	(c)	a knuckle pin or thrower that is missing or inoperative;
	(d)	a coupler retaining pin lock that is missing or broken;
	(e)	a coupler with an inoperative lock lift or a coupler assembly 
that does not have anti-creep protection to prevent 
unintentional unlocking of the coupler lock;
	(f)	a coupler lock that is missing, inoperative, bent, cracked or 
broken;
	(g)	a coupler not falling within the following heights above the 
rails, except those by design and of which specifications will 
be filed with the Railway Administrator:
	(i)	minimum height:  31 1/2 inches (800 mm);
	(ii)	maximum height:  34 1/2 inches (876 mm);
	(h)	a coupler that has a crack in the area of the shank or head 
represented by the unshaded portion of the following figure, 
except that shrinkage cracks or hot tears that do not 
significantly reduce the strength of the coupler shall not be 
considered cracked;
 
	(i)	an inoperative uncoupling device.
22.2  An industrial railway operator shall not place or continue in 
service a locomotive with a draft arrangement that shows evidence of 
any of the following:
	(a)	a draft gear that is inoperative;
	(b)	a cracked or broken yoke;
	(c)	a vertical coupler pin retainer that is missing or defective;
	(d)	a draft gear carrier plate that is missing or has more than 25% 
of the fasteners loose or missing;
	(e)	a draft stop that is missing or broken to the extent that it no 
longer performs its design function.
23  Fuel tanks
23.1  The exterior of fuel tanks of the locomotive must be kept free 
from accumulation of oil, grease and other combustible materials.
23.2  Fuel tanks, filling adapters, pumps, piping, valves and 
connections must be kept free from leaks, properly secured and in 
operative condition.
23.3  The fuel tank vent must be kept clear of obstructions.
24  Internal combustion engine
24.1  The engine and engine room must be kept free from 
accumulation of oil, grease, fuel oil and other combustible materials.  
Pollution control tanks must be properly secured and kept free from 
leakage or overflow.
24.2  Locomotives operated in service during the fire season must have 
exhaust passages on the discharge side of spark arresting devices or 
turbochargers and must be kept free of oil accumulation and 
carbonaceous deposits in excess of 1/8 inch (3 mm) in thickness.
25  Rail clearance
25.1  No part or appliance of a locomotive, except wheels and flexible 
non-metallic sand pipe extension tips, shall be less than 2 1/2 inches 
(63 mm) above the top of the rail.
26  Windows
26.1  Windows on controlling locomotives must be kept clean and free 
from cracks or obstructions.  All related components on controlling 
locomotives, such as wipers, sun visors and defrosters, must be kept in 
operative condition.
27  Safety control equipment
27.1  A controlling locomotive in designated or yard service that is not 
equipped with a reset safety control must have an operative safety 
control foot pedal.
28  Safety appliances
28.1  All safety appliances, as described in General Order No. 0-10, 
Regulations Respecting Railway Safety Appliance Standards (Canada), 
must be kept in a safe and operative condition.
29  Speed indicator
29.1  A controlling locomotive must not be placed in service other than 
in designated service without operative speed indicator(s), when 
equipped.
30  Audible signals
30.1  All audible signal equipment on controlling locomotives must be 
in operative condition.
31  Illuminating devices
31.1  All illuminating devices must be secured and be in operative 
condition.
Part 4 
Locomotive Filing Requirements
32  Filing requirements with the Railway Administrator
32.1  An industrial railway operator shall maintain maintenance 
records for each of its owned or leased locomotives for at least 3 years.  
These records must be made available to a railway safety officer on 
request.
32.2  An industrial railway operator shall retain on file and provide to 
the Railway Administrator on request the latest revision of the 
following safety guidelines and procedures as amended:
	(a)	specifications for couplers not falling within the following 
heights above the rails:
	(i)	minimum height - 31 1/2 inches (800 mm);
	(ii)	maximum height - 34 1/2 inches (876 mm);
	(b)	testing procedures for reset safety control systems;
	(c)	method of testing window and door safety glazing;
	(d)	testing procedures for audible signals.
32.3  An industrial railway operator shall, if requested, file with the 
Railway Administrator a full description of the training program and 
criteria used
	(a)	to perform safety inspections, and
	(b)	to perform pre-departure inspections in accordance with the 
Appendix.
Appendix 
Pre-use Inspection by a Locomotive 
Operator or Other Competent Employee
1   In accordance with Rule 7.1, a pre-use inspection of a locomotive 
must be performed by a locomotive operator or other competent 
employee for the following:
	(a)	perform a locomotive brake test, including the operation and 
recovery of the safety control system;
	(b)	ensure that the handbrakes are released on all locomotives;
	(c)	ensure that the headlights, bell, whistle or other audible 
warning devices are working;
	(d)	know that the flagging equipment is fully supplied (see 
Note);
	(e)	inspect the locomotive(s) for any other apparent hazards 
likely to cause an accident or injury.
2   Exceptions must be reported for correction.
3   Note:  At least 2 flagging kits containing one red flag and one red 
lantern must be available on the locomotive if movements on the 
industrial railway have the potential to foul the main track of a railway.
Schedule 3 
 
Industrial Railway Rail Car Mover 
Inspection and Safety Rules 
 
Part 1 
General
1  Scope
1.1  These Rules prescribe the minimum inspection and safety 
standards for rail car movers operated by an industrial railway 
operator.
2  Definitions
2.1  In these Rules,
	(a)	"break" means a fracture resulting in complete separation 
into parts.  The terms "break" and "broken" are used 
interchangeably in these Rules;
	(b)	"cracked" means fractured without complete separation into 
parts;
	(c)	"operative" means a component or system that is in a safe 
condition to perform its intended function;
	(d)	"rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the 
propulsion or control of freight or service equipment;
	(e)	"rail car mover inspector" means an employee or a contractor 
who is trained to perform safety inspections of rail car 
movers pursuant to Rule 5.1;
	(f)	"safety control" means a device that will cause the tractive 
force to be removed and brake application to be initiated 
automatically if the rail car mover operator becomes 
incapacitated;
	(g)	"safety defect" means any item or component that is 
defective on a rail car mover as prescribed in Part 3 of these 
Rules;
	(h)	"safety glazing material" means safety glass that has been 
certified by the manufacturer as having met the testing 
requirements that are equivalent to, or exceed, North 
American standards;
	(i)	"safety inspection" means an examination of a rail car mover 
for safety defects while stationary by a rail car mover 
inspector or a competent employee to verify that it may move 
safely, and to identify those defects described in Part 3 of 
these Rules that may inhibit that movement and require 
correction.
3  Industrial railway operator responsibility
3.1  An industrial railway operator is responsible for the inspection and 
repair of all rail car movers to ensure safe operation.  All components, 
appurtenances and control apparatuses of all rail car movers must be 
designed and maintained to perform their intended function.
3.2  An industrial railway operator shall reply, in writing or by 
acceptable electronic means, within 30 days, to the Railway 
Administrator on the corrective action taken to correct a violation or 
defect reported by a railway safety officer.  The reply must include the 
unit number of the rail car mover and the date that the corrective action 
was taken.
4  Application of safety inspections and movement restrictions
4.1  An industrial railway operator shall ensure that rail car movers 
placed or continued in service are free from all safety defects described 
in Part 3 of these Rules.
5  Rail car mover inspector
5.1  An industrial railway operator shall ensure that rail car mover 
inspectors are trained to perform safety inspections of rail car movers 
in compliance with these Rules.  Rail car mover inspectors must 
demonstrate to an industrial railway operator by means of oral or 
written examinations and on-the-job performance a knowledge and 
ability concerning safety inspection of rail car movers.  Rail car mover 
inspectors contracted by an industrial railway operator to perform 
safety inspections of rail car movers must demonstrate their 
competency by producing documentation evidencing their 
competency.
5.2  An industrial railway operator shall maintain a record of all rail 
car mover inspectors.  This record must be made available to a railway 
safety officer on request.
5.3  Rail car mover inspectors must be re-examined if they have not 
been performing the duties prescribed in these Rules for a period 
extending over 3 years.
6  Pre-use inspection
6.1  At locations where a rail car mover is placed in service or a rail car 
mover layover of more than 8 hours has occurred, the rail car mover 
must be given a pre-use inspection by either a rail car mover operator 
or other competent employee for those conditions listed in the 
Appendix.
6.2  The rail car mover operator is responsible for determining that the 
prescribed inspection has been completed prior to use.
Part 2 
Rail Car Mover Design Requirements
7  General design
7.1  A rail car mover must be designed and constructed to provide for 
safe operation and protection of the operating crews and property from 
accidents caused by functional failure of a rail car mover.
7.2  Passageways and walkways must be properly treated with 
anti-skid decking to provide secure footing.
8  Audible signals
8.1  Rail car movers must be equipped with a warning horn that has a 
reasonable sound level and meets the following design criteria:
	(a)	the horn must produce an audible warning sound level at any 
location on an arc of 30.5 metres (100 feet) radius subtended 
forward of the rail car mover by angles 45 degrees to the left 
and to the right of the centreline of the track in the direction 
of travel;
	(b)	the control of the horn must be located to allow for 
convenient operation from the rail car mover operator's 
normal operating location.
9  Safety control equipment
9.1  Rail car movers must be equipped with a safety control device 
that, as a minimum, initiates a pneumatic brake application and 
removes all tractive effort in the event that the person operating the rail 
car mover becomes inattentive or incapacitated.
9.2  Rail car movers that are in Alberta on or before January 1, 2011 
must be equipped with a safety control system by January 1, 2015.
9.3  Rail car movers that are brought into Alberta after January 1, 2011 
must be equipped with a safety control system.
10  Safety appliances
10.1  Safety appliances on rail car movers must be in compliance with
	(a)	General Order No. 0-10, Regulations Respecting Railway 
Safety Appliance Standards (Canada), and
	(b)	the manufacturer's standards.
11  Flags and lanterns
11.1  Rail car movers must be equipped with 2 red flags and 2 red 
lanterns if movements on the industrial railway have the potential to 
foul the main track.
12  Spark-arresting devices
12.1  Rail car movers must be equipped with an exhaust system or 
turbocharger that is designed to prevent sparks or any unintentional 
source of fire ignition.
13  Illuminating devices
13.1  Rail car movers must be equipped with headlights meeting the 
following design criteria:
	(a)	rail car movers must be equipped with a minimum of 2 
headlights forward and 2 aft;
	(b)	headlights on a rail car mover must be aligned to the 
centreline in the horizontal plane and depressed in the 
vertical plane to strike the rail at 30.5 metres (100 feet) ahead 
of the rail car mover in the direction of travel;
	(c)	a yellow strobe or oscillating light must be mounted to 
project clearly at a 360 degree arc of light from the rail car 
mover operator's normal operating location;
	(d)	the operator control panel instruments and gauges must be 
illuminated and clearly visible during hours of darkness.
14  Safety glazing material
14.1  Rail car movers must be equipped with safety glazing material on 
all windows of the cab.
15  Fail-safe circuits and systems
15.1  Any component of electrical or mechanical systems vital to the 
safety of rail car mover occupants or the general public must, in the 
case of failure, retain the rail car mover in a safe operating condition.
16  Fuel tanks
16.1  Fuel tanks must have suitable liquid level gauges located so that 
the fuel level in the tanks can be determined when the tanks are being 
filled.  Gauges must be protected against accidental breakage where 
loss of fuel would be incurred.
17  Wheels
17.1  Wheels must be maintained in serviceable condition and follow 
rail car mover manufacture specifications and Association of American 
Railroads standards.
Part 3 
Rail Car Mover Inspection Requirements
18  Brake system
18.1  The brake system and all related components, including the 
handbrake, must be tested and maintained in an operative condition as 
per the latest procedures issued by the rail car mover manufacturer.
19  Wheels
19.1  An industrial railway operator shall not place or continue in 
service a rail car mover with any wheel defects that will affect the safe 
operation of the rail car mover.
20  Couplers
20.1  An industrial railway operator shall not place or continue in 
service a rail car mover with any of the following coupler-related 
defects:
	(a)	a coupler knuckle that is cracked or broken on the inside 
pulling face of the knuckle, except that shrinkage cracks or 
hot tears that do not significantly reduce the strength of the 
knuckle shall not be considered cracked;
	(b)	a knuckle pin or thrower that is missing or inoperative;
	(c)	a coupler retaining pin lock that is missing or broken;
	(d)	a coupler that is inoperative;
	(e)	a coupler lock that is missing, inoperative, bent, cracked or 
broken;
	(f)	a coupler not falling within the following heights above the 
rails, as measured from the top of the rail to the middle of the 
coupler head:
	(i)	minimum height:  31 1/2 inches (800 mm);
	(ii)	maximum height:  34 1/2 inches (876 mm);
	(g)	a coupler that has a crack in the area of the shank or head 
represented by the unshaded portion of the following figure, 
except that shrinkage cracks or hot tears that do not 
significantly reduce the strength of the coupler shall not be 
considered cracked;
 
	(h)	an inoperative uncoupling device.
21  Fuel tanks
21.1  The exterior of fuel tanks of the rail car mover must be kept free 
from accumulation of oil, grease and other combustible materials.
21.2  Fuel tanks, filling adapters, pumps, piping, valves and 
connections must be kept free from leaks, properly secured and in 
operative condition.
21.3  The fuel tank vent must be kept clear of obstructions.
22  Internal combustion engine
22.1  The engine and engine room must be kept free from 
accumulation of oil, grease, fuel oil and other combustible materials.
23  Rail clearance
23.1  No part or appliance of a rail car mover, except wheels and 
flexible non-metallic sand pipe extension tips, may be less than 2 1/2 
inches (63 mm) above the top of the rail.
24  Windows
24.1  Windows on rail car movers must be kept clean and free from 
cracks or obstructions.  All related components, such as wipers, sun 
visors and defrosters, must be kept in operative condition.
25  Safety control equipment
25.1  A reset safety control device on a rail car mover must be kept in 
an operative condition.
26  Safety appliances
26.1  All safety appliances, as described in General Order No. 0-10, 
Regulations Respecting Railway Safety Appliance Standards (Canada), 
must be kept in a safe and operative condition.
27  Speed indicator
27.1  When a rail car mover is equipped with a speed indicator, the 
speed indicator must be kept in an operative condition.
28  Audible signals
28.1  All audible signal equipment on a rail car mover must be kept in 
an operative condition.
29  Illuminating devices
29.1  All illuminating devices on a rail car mover must be secured and 
kept in an operative condition.
Part 4 
Rail Car Mover Filing Requirements
30  Filing requirements
30.1  An industrial railway operator shall maintain maintenance 
records for each of its rail car movers for at least 3 years.  These 
records must be made available to a railway safety officer on request.
30.2  An industrial railway operator shall on request file with the 
Railway Administrator a full description of the training program and 
criteria used
	(a)	to perform safety inspections, and
	(b)	to perform pre-use inspections in accordance with the 
Appendix.
Appendix 
Pre-use Inspection by a Rail Car Mover 
Operator or Other Competent Employee
1   In accordance with Rule 6.1, a pre-use inspection of a rail car 
mover must be performed by a rail car mover operator or other 
competent employee for the following:
	(a)	brake test, including the operation of the safety control 
system;
	(b)	handbrake in working condition;
	(c)	headlights;
	(d)	oscillating lamps;
	(e)	running gear;
	(f)	any other apparent safety hazard likely to cause an accident 
or casualty.
2   Exceptions must be reported to the person in charge of rail 
operations.
3   Note:  At least 2 flagging kits containing one red flag and one red 
lantern must be available on the rail car mover if movements on the 
industrial railway have the potential to foul the main track.
Schedule 4 
 
Industrial Railway Freight Car 
Inspection and Safety Rules
1  Scope
1.1  These Rules prescribe the mechanical knowledge and defect 
reporting required of employees directly involved with the movement 
of freight cars within an industrial site.
2  Definitions
2.1  In these Rules,
	(a)	"broken" means fractured into parts;
	(b)	"cracked" means fractured without complete separation into 
parts;
	(c)	"freight car" means a rail car designed to carry freight on 
rail;
	(d)	"freight car inspector" means an employee who is trained to 
perform safety inspections of freight cars;
	(e)	"safety defect" means any item or component that is 
defective on a freight car as prescribed in Appendix 1.
3  Training of employees
3.1  An industrial railway operator shall ensure that its employees who 
are directly involved with rail operations are trained to identify 
obvious mechanical defects of freight cars within their normal work 
routine using the guidelines in Table A in Appendix 1.  In addition, 
proper reporting of defects must be made using railway-established 
guidelines for identifying
	(a)	"A" and "B" end of freight cars,
	(b)		specific wheels and axles, and
	(c)	proper terminology of freight car components.
3.2  Employees must demonstrate by means of oral or written 
examinations and on-the-job performance the knowledge and ability to 
visually inspect freight cars and report defects.
3.3  An industrial railway operator shall maintain a full description of 
the training program and criteria used for training employees in 
accordance with these Rules.
3.4  An industrial railway operator shall maintain a record of all 
employees who have been trained in accordance with these Rules.  
This record must be made available to a railway safety officer on 
request.
4  Requirements for dangerous goods cars
4.1  Freight cars carrying goods subject to the Dangerous Goods 
Transportation and Handling Act (Alberta) must be inspected by a 
competent employee at the point of loading using the guidelines in 
Table A in Appendix 1.
5  Exclusions
5.1  These Rules do not apply to freight cars operated solely on a track 
inside an industrial site.
Appendix 1 
Inspection for Mechanical Defects by 
Other Than a Freight Car Inspector
1   Employees shall perform visual inspections of railway cars as 
follows for observable defects described in Table A below.
2   Prior to unloading freight cars received to ensure that safe 
unloading conditions exist.
3   Prior to loading freight cars received for loading to ensure that safe 
loading conditions exist and the cars are suitable for movement to 
destination.
4   As part of their normal working routine, employees shall visually 
inspect the freight cars they are working around watching for any 
defects or any other unusual circumstance affecting the freight car's 
safe operation.
5   In the event a defect is found, proper reporting to the service 
provider must be made to ensure that the freight cars are inspected and 
deemed safe to travel.
Table A 
Observable Defects
A.   Car body:
	A.1	car body leaning or listing to the side;
	A.2	car body sagging downward;
	A.3	car body positioned improperly on the track;
	A.4	object dragging below the car body;
	A.5	object extending from the side of the car body;
	A.6	door insecurely attached.  If the car is a boxcar, the following 
are considered "safety defects":
	A.6.a	more than one door stop missing or broken per 
door;
	A.6.b	safety hangers missing or inoperative on sliding or 
plug doors so equipped;
	A.6.c	sliding or plug-type doors off the rails;
	A.6.d	plug-type doors not closed and secured;
	A.6.e	door rail supports cracked or broken to the extent 
that they do not perform their design function;
	A.6.f	broken or missing safety appliance (handholds, 
ladders, sill steps);
	A.6.g	lading leaking from a placarded dangerous goods 
car.
B.   Insecure coupling:
	B.1	the car has a coupler knuckle that is cracked or broken;
	B.2	the car has a knuckle pin or thrower that is missing or 
inoperative.
C.   Overheated wheel or journal:
	C.1	a roller bearing shows signs of having been overheated;
	C.2	a roller bearing has damaged external parts that are visibly 
cracked, broken or bent;
	C.3	a roller bearing is losing grease to the extent that fresh grease 
is spread across the truck side frame;
	C.4	a roller bearing has a missing or loose cap screw.
D.   Broken or extensively cracked wheel.
E.   Inoperative handbrake.
F.   Brake that failed to release.
G.   Any other apparent safety hazard likely to cause an accident or 
casualty before the car arrives at its destination.
Appendix 2 
Inspection Required by a Freight 
Car Inspector
Any freight car involved in a derailment must have its bearings 
inspected by a freight car inspector.  If a freight car is derailed in an 
industrial railway yard, the industrial railway operator must notify the 
service provider to ensure that the car is inspected and deemed safe to 
travel.
Schedule 5 
 
Industrial Railway Rules Respecting Track Safety 
 
Part 1 
General
1   Definitions
1.1   In these Rules,
	(a)	"derail" means a safety device
	(i)	used to protect against an unintended movement of 
equipment, and
	(ii)	that will derail railway equipment that is not supposed 
to pass over that particular track;
	(b)	"frog" means the crossing point of two rails and forms part of 
a track switch;
	(c)	"guard rail" means a short piece of rail alongside the main 
(stock) rail opposite the frog;
	(d)	"line of track" or "track" means an industrial railway track of 
any length, including yard tracks, spurs and other tracks 
auxiliary to an industrial railway track, and includes the 
right-of-way and the structures supporting or protecting the 
track or facilitating drainage from the track;
	(e)	"main track" means a track that is owned or operated by a 
person other than an industrial railway operator that is 
governed by one or more methods of control on which 
movements, track units and track work must be authorized;
	(f)	"stock rail" means the rail against which the point of a switch 
rests;
	(g)	"switch point" means movable rails that guide the wheels 
towards either the straight or diverging track;
	(h)	"track crossing" means the crossing of 2 tracks at grade;
	(i)	"track inspector" means an employee who is trained to 
inspect tracks for defects pursuant to Rule 8.1;
	(j)	"track supervisor" means an employee who is trained to 
supervise restorations and renewals of track pursuant to Rule 
7.1.
2  Scope
2.1  This Part prescribes initial minimum safety requirements for track 
that is part of an industrial site.  The requirements prescribed in this 
Part apply to specific track conditions existing in isolation.  Therefore, 
a combination of track conditions, none of which individually amounts 
to a deviation from the requirements in this Part, may require remedial 
action to provide for safe operations over that track.  Nothing in these 
Rules prevents an industrial railway operator from prescribing a higher 
level of maintenance.
3  Application
3.1  These Rules apply only to industrial railways operating on 
standard gauge track.
3.2  The purpose of these Rules is to ensure the safe operation of 
railway movements on standard gauge track owned by, operated on or 
used by an industrial railway operator.
4  Responsibility of the industrial railway operator
4.1  Where a line of track is not in compliance with the requirements of 
these Rules, the industrial railway operator shall immediately
	(a)	bring the line of track into compliance, or
	(b)		halt operations over that line of track.
4.2  Notwithstanding Rule 4.1, in the case of Class 1 track that is not in 
compliance with these Rules, the industrial railway operator may 
operate on that line of track for not more than 30 days if the industrial 
railway operator takes steps that will ensure an equivalent level of 
safety of the operation.  A railway safety officer may reject an 
individual railway operator's steps if, in the railway safety officer's 
opinion, an equivalent level of safety has not been achieved.
5  Restoration or renewal of track under traffic conditions
5.1  If during a period of restoration or renewal, track is under traffic 
conditions and does not meet all of the requirements prescribed in this 
Part, the industrial railway operator shall take all necessary precautions 
to ensure that no harm will occur to property, the environment or the 
health or safety of a person.
6  Measuring track not under load
6.1  When unloaded track is measured to determine compliance with 
the requirements of this Part, the amount of rail movement, if any, that 
occurs while the track is loaded must be added to the measurements of 
the unloaded track.
7  Track supervisors
7.1  An industrial railway operator shall ensure that track supervisors 
are
	(a)	trained to supervise restorations and renewals of track under 
traffic conditions, and
	(b)	competent to inspect track for defects.
7.2  A track supervisor must also be qualified to inspect tracks for 
defects.
8  Track inspectors
8.1  An industrial railway operator shall ensure that track inspectors 
are trained to inspect track for defects.
9  Records
9.1  An industrial railway operator shall maintain a record of all track 
inspectors and track supervisors.
10  Certification
10.1  No industrial railway operator shall allow an employee to 
perform the duties of a track inspector or track supervisor unless the 
employee has, to the satisfaction of the operator, met the criteria 
established by these Rules.
11  Track inspection
11.1  A track inspector or track supervisor shall undertake track 
inspection by such a method as to ensure that a line of track is safe for 
operation of a movement at the authorized speed at least monthly or 
before rail car movements occur if track is used less than once a 
month.
Part 2 
Track Safety Rules
Division 1 
Class of Tracks
12  Operating speed limits
12.1  The following maximum allowable operating speeds apply (in 
miles per hour):

Over track that meets 
all of the 
requirements 
prescribed in this 
Part for
The maximum 
allowable 
operating speed in 
a yard is
Class of track is
Industrial railway 
operator
10
1
Industrial railway 
operator
10
2
Note 1:  Industrial railway operators handling cars containing 
dangerous goods (DG) shall maintain their track to the Class 2 
requirements.
Note 2:  Transfer and Interchange Track outside of the industrial site 
must be classified by the owner in consultation with the service 
provider and must be based on planned car volume, speed, subgrade, 
track geometry and gradient.
Division 2 
Roadbed
13  Drainage
13.1  Each drainage or other water-carrying facility under or 
immediately adjacent to the roadbed must be maintained and kept free 
of obstruction to accommodate expected water flow for the area 
concerned.
14  Vegetation
14.1  Vegetation on industrial railway property that is on or 
immediately adjacent to the roadbed must be controlled so that it does 
not
	(a)	become a fire hazard to track-carrying structures,
	(b)	obstruct visibility of railway signs and signals,
	(c)	interfere with employees performing normal track side 
duties,
	(d)	prevent proper functioning of signal and communication 
lines, or
	(e)	prevent employees from visually inspecting moving 
equipment from their normal duty stations.
Division 3 
Track Geometry
15  Scope
15.1  This Division prescribes requirements for the gauge, alignment 
and surface of track, and the elevation of outer rails and speed 
limitations for curved track.
16  Gauge - general
16.1  Gauge is measured between the heads of the rails at right angles 
to the rails in a plane 5/8 of an inch below the top of the rail head.
17  Gauge limits
17.1  Gauge must be within the limits prescribed in the following table:

Class of track
The gauge must be 
at least
But no more than
1
4'8" (1/2" N)
4'10" (1 1/2" W)
2
4'8" (1/2" N)
4'9 3/4" (1 1/4" W)
Note:  When gauge is less than or more than that prescribed in the 
table above, immediate corrective action must be taken.
18  Alignment
18.1  Alignment may not deviate from uniformity more than the 
amount prescribed in the following table:

Class of track
Tangent track - 
the deviation of the 
mid-offset from 
62-foot line1 may 
not be more than
Curved track - the 
deviation of the 
mid-offset from 
62-foot chord2 may 
not be more than
Class 1
5 in
5 in
Class 2
3 in
3 in
1  The ends of the line must be at points on the gauge side of the line rail, 5/8 of an 
inch below the top of the rail head.  Either rail may be used as the line rail; however, 
the same rail must be used for the full length of that tangential segment of track.
2  The ends of the chord must be at points on the gauge side of the outer rail, 5/8 of 
an inch below the top of the rail head.
19  Curves - elevation and speed limitations
19.1  Except as provided in Rule 21, the outside rail of a curve may not 
be lower than the inside rail or have more than one inch of elevation.
20  Elevation of curved track runoff
20.1  Elevation runoff must be at a uniform rate within the limits of 
track surface deviation prescribed in Rule 21, and it must extend at 
least the full length of the spirals.  If physical conditions do not permit 
a spiral long enough to accommodate the minimum length of runoff, 
part of the runoff may be on tangent track.
21  Track surface
21.1  An industrial railway operator shall maintain the surface of its 
track within the limits prescribed in the following table:

Track Surface
Class of Track

1
2
The runoff in any 31 feet of rail at 
the end of a raise may not be more 
than
 
3 1/2 in
 
3 in
The deviation from uniform profile 
on rail at the mid-ordinate of a 
62-foot chord may not be more than
 
3 in
 
2 3/4 in
Deviation from designated 
elevation on spirals may not be 
more than
 
1 3/4 in
 
1 1/2 in
Variation in cross level on spirals in 
any 31 feet may not be more than
 
2 in
 
1 3/4 in
Deviation from zero cross level at 
any point on tangent or from 
designated elevation on curves 
between spirals may not be more 
than
 
 
3 in
 
 
2 in
The difference in cross level 
between any 2 points less than 62 
feet apart on tangents and curves 
between spirals may not be more 
than
 
 
3 in
 
 
2 in
Division 4 
Track Structure
22  Scope
22.1  This Division prescribes minimum requirements for ballast, 
crosstie, track assembly fittings and the physical condition of rails.
23  Ballast - general
23.1  Unless it is otherwise structurally supported, all track must be 
supported by material that
	(a)	transmits and distributes the load of the track and railroad 
rolling equipment to the subgrade,
	(b)	restrains the track laterally, longitudinally and vertically 
under dynamic loads imposed by railway rolling equipment 
and thermal stress exerted by the rails,
	(c)	provides adequate drainage for the track, and
	(d)	maintains proper track cross level, surface and alignment.
24  Crossties
24.1  Crossties must be made of a material to which rail can be 
securely fastened.
24.2  Each 39-foot segment of track must have
	(a)	a sufficient number of crossties that in combination provide 
effective support that will
	(i)	hold gauge within the limits prescribed in Rule 17,
	(ii)	maintain surface within the limits prescribed in Rule 21, 
and
	(iii)	maintain alignment within the limits prescribed in Rule 
18,
	(b)	the minimum number and type of crossties specified in Rule 
24.3, effectively distributed to support the entire segment, 
and
	(c)	at least one crosstie of the type specified in Rule 24.3 that is 
located at a joint location as specified in Rule 24.5.
24.3  Each 39-foot segment of track must have a minimum of sound 
crossties as follows:
	(a)	Class 1 track must have 5 crossties;
	(b)	Class 2 track must have 8 crossties.
24.4  The crossties must not be
	(a)	broken through,
	(b)	split or otherwise impaired to the extent the crossties will 
allow the ballast to work through, or will not hold spikes or 
rail fasteners,
	(c)	so deteriorated that the tie plate or base of rail can move 
laterally more than 1/2 inch relative to the crossties, or
	(d)	cut by the tie plate through more than 40% of a tie's 
thickness.
24.5  Industrial track shall have one sound crosstie whose centreline is 
within 24 inches of the rail joint location.  The relative position of 
these ties is described in the following diagram:
 
24.6  Each rail joint track must be supported by at least one sound 
crosstie in Rule 24.3 whose centreline is within the 48" shown above.
25  Defective rails
25.1  Rail must be within the following limits of wear:


136 lb
132 lb
115 lb
112 lb
100/85 lb
Max loss of 
vertical 
height
5/8"
9/16"
1/2"
3/8"
9/16"
Total wear 
(vertical and 
both sides)
1  1/2"
1  1/2"
1  1/8"
1  1/16"
7/8"
End batter
5/32"
5/32"
5/32"
5/32"
5/32"
26  Rail end mismatch
26.1  Any mismatch of rails at joints may not be more than that 
prescribed by the following table:

Class of Track
On the top of the 
rail ends
On the gauge side 
of the rail end 
Class 1
1/4
1/4
Class 2
1/4
3/16
27  Rail joints
27.1  Each rail joint, insulated rail joint and compromise joint must be 
of the proper design and dimensions for the rail on which it is applied.
27.2  If a joint bar is cracked or broken between the middle 2 bolt 
holes, it must be replaced.
27.3  In the case of conventional jointed track, each rail must be bolted 
with at least 2 bolts on either side of the joint bar on class 1 and class 2 
track.
27.4  In the case of continuous welded rail track, each rail must be 
bolted with at least 2 bolts on either side of the joint bar.
27.5  Each joint bar must be held in position by track bolts tightened to 
allow the joint bar to firmly support the abutting rail ends and to allow 
longitudinal movement of the rail in the joint to accommodate 
expansion and contraction due to temperature variations.  When 
out-of-face, no-slip, joint-to-rail contact exists by design, the 
requirements of this Rule do not apply.  Those locations are considered 
to be continuous welded rail track and must meet all the requirements 
for continuous welded rail track prescribed in this Part.
27.6  No rail or angle bar having a torch cut or burned bolt hole may be 
used.
28  Tie plates
28.1  In track where timber crossties are in use, there must be tie plates 
under the running rails on at least 8 of any 10 consecutive ties.
29  Rail anchoring
29.1  A sufficient number of anchoring devices must be applied to 
provide adequate longitudinal restraint.
30  Rail fastenings
30.1  Each 39-foot segment of rail must have a sufficient number of 
fastenings to effectively maintain gauge within the limits prescribed in 
Rules 17 and 18.
31  Continuous welded rail (CWR)
31.1  An industrial railway operator shall have comprehensive written 
instructions on proper installation and maintenance of CWR.  These 
instructions shall be made available on request to a railway safety 
officer.
32  Rail wear
32.1  An industrial railway operator shall have written requirements 
establishing maximum rail wear limits.
33  Turnouts and track crossings generally
33.1  In turnouts and track crossings, the fastenings must be intact and 
maintained so as to keep the components securely in place.  Also, each 
switch, frog and guard rail must be kept free of obstructions that may 
interfere with the passage of wheels.
33.2  Each flange way at turnouts and track crossings must be at least 
1 1/2 inches wide.
34  Switches
34.1  Each stock rail must be securely seated in switch plates, but care 
must be used to avoid canting the rail by over-tightening the rail 
braces.
34.2  Each switch point must fit its stock rail properly, with the switch 
stand in either of its closed positions to allow wheels to pass the switch 
point.  Lateral and vertical movement of a stock rail in the switch 
plates or of a switch plate on a tie must not adversely affect the fit of 
the switch point to the stock rail.
34.3  Each switch must be maintained so that the outer edge of the 
wheel tread cannot contact the gauge side of the stock rail.
34.4  The heel of each switch rail must be secure and the bolts in each 
heel must be kept tight.
34.5  Each switch stand and connecting rod must be securely fastened 
and operable without excessive lost motion.
34.6  Each throw lever must be maintained so that it cannot be 
operated with the lock or keeper in place.
34.7  Each switch position indicator must be clearly visible at all times.
34.8  Unusually chipped or worn switch points must be repaired or 
replaced.  Metal flow must be removed to ensure proper closure.
35  Frogs
35.1  The flange way depth measured from a plane across the 
wheel-bearing area of a frog on track may not be less than 1 3/8 inches.
35.2  If a frog point is chipped, broken or worn more than 5/8 of an 
inch down and 6 inches back, operating speed over that frog may not 
be more than 5 miles per hour.
35.3  If the tread portion of a frog casting is worn down more than 3/8 
of an inch below the original contour, operating speed over that frog 
may not be more than 5 miles per hour.
36  Spring rail frogs
36.1  The outer edge of a wheel tread may not contact the gauge side 
of a spring wing rail.
36.2  The toe of each wing rail must be solidly tamped and fully and 
tightly bolted.
36.3  Each frog with a bolt hole defect or head-web separation must be 
replaced.
36.4  Each spring must have a tension sufficient to hold the wing rail 
against the point rail.
36.5  The clearance between the hold-down housing and the horn may 
not be more than 1/4 of an inch.
37  Self-guarded frogs
37.1  The raised guard on a self-guarded frog may not be worn more 
than 3/8 of an inch.
37.2  If repairs are made to a self-guarded frog without removing it 
from service, the guarding face must be restored before rebuilding the 
point.
38  Frog guard rails
38.1  The guard check in frogs must be within the limits prescribed in 
the following table:

Track
Guard check gauge - the distance between the 
gauge line of a frog to the guard line1 of its 
guard rail or guarding face, measured across 
the track at right angles to the gauge line2, may 
not be less than
Class 1
4' 6 1/8 "
Class 2
4' 6 1/4 "
1  Line along that side of the flange way that is nearer to the centre of the track and 
at the same elevation as the gauge line.
2  Line 5/8 of an inch below the top of the centreline of the head of the running rail, 
or corresponding location of the tread portion of the track structure.
Division 5 
Track Appliance and Track-related Devices
39  Scope
39.1  This section prescribes minimum requirements for certain track 
appliances and track-related devices.
40  Derails
40.1  Each derail must be clearly visible and painted yellow.  When in 
a locked position, a derail must be free of any lost motion that would 
allow it to be operated without removing the lock.
40.2  Derails must be installed when there is any possibility of 
equipment that has been left standing on tracks other than main tracks 
or sidings being moved by gravity so as to obstruct a main track or 
siding.
40.3  The location of each derail must be marked with a rectangular 
sign with a yellow background marked with block letter(s) "D" or 
"DERAIL".  The sign must be mounted on a post adjacent to the derail 
with the bottom of the sign being not less than 1.5 metres or more than 
2.0 metres above the ground.
Division 6 
Inspection
41  Scope
41.1  This Division prescribes requirements for the frequency and 
manner of inspecting track to detect deviations from the standards 
prescribed in this Part.
42  Track inspections
42.1  All track must be inspected monthly with an interval of at least 
20 calendar days between inspections, or before use if the track is used 
less than once a month.
42.2  Each inspection must be made on foot or by riding over the track 
in a vehicle at a speed that allows the person making the inspection to 
visually inspect the track structure for compliance with this Part.  
However, mechanical, electrical and other track inspection devices 
may be used to supplement visual inspection.  If a vehicle is used for 
visual inspection, the speed of the vehicle may not be more than 5 
miles per hour when passing over track crossings, highway crossings 
or switches.
42.3  When riding over the track in a vehicle, the inspector may inspect 
up to 2 tracks at one time if one inspector cannot inspect more than 2 
tracks at one time and cannot inspect any track centred more than 30 
feet from the track on which the inspector is riding.
42.4  Track inspection records must indicate all track(s) included in the 
inspection and indicate which track(s) was traversed by the vehicle or 
inspected on foot.
42.5  The inspector's view of the tracks must be unobstructed by 
tunnels, bridges, differences in ground level or any other circumstances 
or conditions that would interfere with a clear view of all the tracks 
being inspected.
42.6  In addition to track inspection, an industrial railway operator 
shall develop a plan, suitable for its operations, to identify internal 
track defects.
43  Switch and track crossing inspections
43.1  Except as provided in Rule 43.2, each switch and industrial 
railway crossing must be inspected on foot at least monthly.
43.2  In the case of track that is used less than once a month, each 
switch and track crossing must be inspected on foot before it is used.
44  Special inspections
44.1  In the event of fire, flood, severe storm or other occurrence that 
might have damaged track structure, a special inspection must be made 
of the track involved as soon as possible after the occurrence.
45  Inspection records
45.1  An industrial railway operator shall keep a record of each 
inspection required to be performed on a track under this Division.
45.2  Each record of an inspection under Rules 41 and 42 must be 
prepared on the day the inspection is made and signed by the person 
making the inspection.  Records must specify the track inspected, date 
of inspection, location and nature of any deviation from the 
requirements of this Part, and the remedial action taken by the person 
making the inspection.
45.3  An industrial railway operator shall retain each record at its 
division headquarters for at least one year after the inspection covered 
by the record on a rolling calendar year basis.
45.4  All records must be made available to a railway safety officer on 
request.
Schedule 6 
 
Industrial Railway Crossing Rules
1  Definitions
1.1  In these Rules,
	(a)	"industrial railway crossing" means an industrial railway 
crossing of a highway or private road at grade within an 
industrial site;
	(b)	"private road" means a road within an industrial site that is 
not a highway.
2  Application
2.1  These Rules apply to industrial railway crossings that are 
completely within an industrial site.
2.2  An automated industrial railway crossing that is completely within 
an industrial site or outside of an industrial site is governed by 
Division 3 of Part 2 of the Railway Regulation (AR 177/2002).
3  Plans required
3.1  An industrial railway operator shall maintain and have readily 
available for inspection by a railway safety officer a crossing plan that 
ensures the safety of vehicular traffic at each industrial railway 
crossing.
4  Inspection of crossing
4.1  If, on inspection, a railway safety officer is of the opinion that an 
industrial railway crossing sign does not meet the requirements of Rule 
5, the railway safety officer may direct the industrial railway operator 
to take such steps as are necessary to correct any deficiency found 
during the inspection.
5  Railway crossing signs
5.1  Subject to Rule 5.2, an industrial railway operator shall erect on 
the right side of a highway or private road that crosses an industrial 
railway a reflectorized railway crossing sign in accordance with this 
section and the diagrams set out in Appendix 1.
5.2  The crossing sign described in Rule 5.1 must be placed not more 
than 5 metres from the track with the edge of the sign as close as 
possible to the travelled portion of the highway or private road so as to 
be clearly visible to approaching vehicles before the vehicles cross the 
track.
5.3  On straight and level approaches, the bottom edge of the crossing 
sign must be not less than 1.5 metres or more than 2 metres above the 
travelled portion of the highway or private road.
5.4  Where there are grades or curves on the approaches, the crossing 
sign must be placed so as to be clearly visible to approaching vehicles 
daytime and nighttime.
5.5  If the distance between the centreline of 2 adjacent tracks is more 
than 30 metres measured along the highway or private road, each 
industrial railway crossing is considered to be a separate crossing.
5.6  If there is more than one railway track at an industrial railway 
crossing, an additional crossing sign indicating by digits the number of 
tracks to be crossed must be installed on the supporting post of each 
sign in accordance with the diagram set out in Appendix 3.
Railway Crossing Signs
Appendix 1 
Industrial Railway Crossing Sign
 
Notes: 
1.  Silver white sheeting to cover entire surface. 
2.  Sheeting material specification for crossing sign and number of 
tracks sign:  CGSB 62-GP-1 / M, Reflectivity Level 1, or better. 
3.  Railway Crossing Sign 50 mm border transparent red ink 
silk-screen processed over sheeting material.  Number of Tracks Sign 
digit and illustration to be transparent red ink silk-screen processed, or 
black lettering. 
4.  Sheeting material is to be maintained above 50% of the reflectivity 
value specified in Note 2.
Appendix 2 
Stop Sign
 
Note:  Top of sign should be at the elevation of the lowest points of 
crossing sign.
Appendix 3 
Number of Tracks Sign
 
Note:  The digit on the Number of Tracks Sign shall indicate the 
number of tracks to be crossed.
Schedule 7 
 
Industrial Railway Transfer of 
Dangerous Goods Rules
1  Definitions
1.1  In these Rules,
	(a)	"cathodic protection" means a technique to prevent the 
corrosion of a metal by making that surface the cathoid of an 
electrochemical cell;
	(b)	"dangerous goods" means dangerous goods as defined in the 
Transportation of Dangerous Goods Act, 1992 (Canada);
	(c)	"rolling stock" means any railway car that operates on track.
2  General
2.1  Except as permitted in these Rules, no industrial railway operator 
shall transfer dangerous goods between a unit of rolling stock and a 
stationary bulk storage facility or a highway cargo tank.
2.2  When dangerous goods are being loaded or unloaded into or onto 
rolling stock, the rolling stock must not be moved.
3  Application of Rules
3.1  Rules 4 to 9 apply in respect of dangerous goods with a primary or 
subsidiary classification of 2.1, 3, 4 or 5.
3.2  Rules 10 to 15 apply in respect of dangerous goods with any 
classification.
Dangerous Goods with 
Primary or Subsidiary 
Classification of 2.1, 3, 4 or 5
4  Transfer of dangerous goods
4.1  Subject to Rules 5 to 9, an industrial railway operator may transfer 
dangerous goods between a unit of rolling stock and a stationary bulk 
storage facility or a highway cargo tank if the industrial railway 
operator
	(a)	establishes between the section of railway track on which any 
unit of rolling stock stands and the piping system that is to be 
used for transfer a permanent electrical connection that 
consists of at least 2 wires, each of which
	(i)	is made of number 6 copper strand wire or other 
corrosion-resistant material, and 
	(ii)	has a resistance of not more than 1.33 ohms/km,
	(b)	bonds sections of railway track on which any unit of rolling 
stock stands at each rail joint in the section and cross-bonds 
the rails of that section in at least 2 places,
	(c)	grounds the section of railway track that is bonded as 
required by clause (b) with at least 2 ground rods that are
	(i)	at least 3 metres (10 feet) long,
	(ii)	at least 15.8 millimetres (5/8 inch) in diameter, and
	(iii)	connected to each other and to the section of railway 
track with 2 wires between each point of connection, 
each of which having a resistance of not more than 1.33 
ohms/km between each place where the section of 
railway track is grounded,
	(d)	grounds all non-current-carrying components of the piping 
system that is to be used for the transfer, including tanks, 
pumps and stands, and
	(e)	installs insulated rail joints so as to electrically separate the 
section of railway track on which any unit of rolling stock 
stands from all other railway track.
4.2  Permanent bonding and grounding must be installed and inspected 
in accordance with the American Railway Engineering and 
Maintenance of Way Association, Communications and Signals 
Manual of Recommended Practice (AREMA).
4.3  A resistance earth test must be conducted every 2 years and the 
test results must be retained on file for a period of 3 years. Test records 
must be made available for inspection by a railway safety officer on 
reasonable request.
5  Additional grounding measures
5.1  Where the grounding required under Rule 4 is difficult to 
implement because of local conditions, the industrial railway operator 
shall take such additional measures, including the installation of 
insulated rail joints in the piping system, the provision of additional 
ground rods or the provision of additional bonds between the piping 
system and the units of rolling stock, as may be required, to ground the 
section of railway track.
6  Tanks with cathodic protection
6.1  Where the tanks of a piping system have cathodic protection, the 
tanks must be grounded in a manner that does not interfere with the 
cathodic protection.
7  Insulated rail joints
7.1  Insulated rail joints that are installed in accordance with Rule 
4.1(e) must not be bridged by rolling stock or any other means during 
the transfer operations.
8  Transfer of dangerous goods near transmission lines
8.1  No transfer of dangerous goods between a unit of rolling stock and 
a stationary bulk storage that is constructed after the coming into force 
of these Rules may be made within 150 metres of a power transmission 
line that has a voltage of 360 kV or more or within 75 metres of a 
power transmission line that has a voltage of 230 kV to 259 kV.
9  Rolling stock must be grounded
9.1  Rolling stock and highway cargo tanks must be grounded
	(a)	with temporary bonds connected between the piping system 
with a pull off connector attached so as to be in electrical 
contact with the rolling stock or a highway cargo tank, and
	(b)	before the dome or bottom loading valves are opened and 
must remain in place until the transfer is completed and all 
valves and dome covers have been closed and secured.
Dangerous Goods with  
Any Classification
10  Debris and vegetation
10.1  The area within 25 feet of a loading rack must be free of debris 
and vegetation.
11  Derail required
11.1  Rolling stock must be protected during the loading or unloading 
of dangerous goods by a derail that is locked with a lock that is 
controlled by the facility. The derail must be located at a minimum of 
one car length from the tank car on the connected end(s) of the track.
12  Sign required
12.1  During loading or unloading operations, the rolling stock must be 
protected on the connected end(s) of the track by a sign that is 
constructed of metal or other durable material and having a dimension 
that is equal to or greater than 30 x 38 centimetres (12 x 15 inches) and 
bears the words "STOP" (as a minimum) in white capital letters equal 
to or greater than 10 centimetres (4 inches) in height on a blue 
background.
12.2  Signage must be placed on the loading track in a manner that it is 
always visible to the crew of an engine.
13  Loading or unloading operations
13.1  During loading or unloading operations, the rolling stock 
handbrakes must be kept applied and one set of wheels must be 
blocked/chocked in both directions on at least
	(a)	one car for a one-or 2-car coupled string, or
	(b)	2 cars for a 3-to 9-car coupled string plus an additional car 
for every block and any fraction of block of 10 cars in excess 
of the first 9 cars coupled to a string, including the first and 
last cars of the string.
14  Monitoring of rolling stock
14.1  Rolling stock must be monitored by direct, remote or automated 
means during loading or unloading so that any condition or release of 
dangerous goods from a railway vehicle that could endanger public 
safety can be promptly identified.
15  Fire extinguishers required
15.1  Portable fire extinguishers must be installed and maintained in 
accordance with the current Alberta Fire Code.
Schedule 8 
 
Industrial Railway Employee 
Qualifications Standards
1  Definitions
1.1  In these Rules,
	(a)	"candidate" means an employee who is required to undergo 
examination and on-the-job training in accordance with these 
Rules in order to be qualified to work in an industrial railway 
yard;
	(b)	"classroom training instructor" means a person who is 
qualified under these Rules to give classroom instruction;
	(c)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(d)	"examiner" means a person who is qualified under these 
Rules to examine employees;
	(e)	"on-the-job training" means instruction provided by an 
on-the-job training instructor to an employee working in an 
industrial railway yard;
	(f)	"on-the-job training instructor" means a person who is 
qualified under these Rules to instruct employees during 
on-the-job training;
	(g)	"rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the 
propulsion or control of freight or service equipment;
	(h)	"rail equipment" means one or more engines or rail cars that 
can be handled on their own wheels in a movement;
	(i)	"required subject" means a subject listed in the Appendix;
	(j)	"safety critical position" has the meaning given to it under 
Schedule 9.
1.2  When the term "movement" is used in these Rules, it refers to an 
engine or engines coupled with or without rail cars that are about to 
operate, or are operating, on railway track.
2  Training programs must be established
2.1  An industrial railway operator shall establish employee training 
programs for its employees directly involved in industrial railway yard 
operations.
3  Person must be competent to work in an industrial railway yard
3.1  Subject to Rule 3.2, no industrial railway operator shall permit an 
employee to work in an industrial railway yard unless the employee is 
competent to work in an industrial railway yard in accordance with 
Rule 7.1.
3.2  An employee undergoing on-the-job training may perform the 
duties for which the employee is a candidate under the direction of an 
on-the-job training instructor for the duration of the employee's 
training period.
4  Extent of on-the-job training
4.1  An industrial railway operator shall provide its employees working 
in an industrial railway yard with on-the-job training in respect of the 
required subjects to enable them to demonstrate to on-the-job training 
instructors and examiners that they are competent to perform their 
required duties.
5  Passing mark for on-the-job training
5.1  No examiner shall issue a passing mark for on-the-job training 
unless the examiner
	(a)	is satisfied that the candidate is competent to perform the 
required duties by assessing the candidate's competency in 
actual industrial railway yard operations, and
	(b)	has completed, signed and placed on the candidate's 
personnel file a document indicating that the candidate has 
received a passing mark for the on-the-job training.
6  Examinations
6.1  An examiner shall determine the overall mark for a candidate 
based on written or oral examinations, or both, dealing with the 
required subjects.
7  Qualification standards for candidates
7.1  The subjects required for an employee to qualify to work in an 
industrial railway yard are the subjects listed in the Appendix.
7.2  No industrial railway operator shall qualify an employee to work 
in an industrial railway yard unless the employee obtains a mark of at 
least 80% in each required subject.
8  Qualification standards for on-the-job training instructors
8.1  No industrial railway operator shall qualify a person as an 
on-the-job training instructor unless the person meets the qualification 
requirements to work in an industrial railway yard with a mark of at 
least 80% in each required subject and demonstrates that the person is 
competent in the function being instructed.
9  Qualification standards for classroom training instructors
9.1  No industrial railway operator shall qualify a person as a 
classroom training instructor for a required subject unless the person 
has
	(a)	obtained a mark of at least 90% in a written examination on 
that subject, and
	(b)	received training in instructional delivery.
10  Qualification standards for examiners
10.1  A person who is a classroom training instructor is qualified to act 
as an examiner on the subjects on which the person is qualified to give 
instruction.
11  Re-examination
11.1  An industrial railway operator shall, at intervals of not more than 
3 years, have each employee who has been qualified to work in an 
industrial railway yard re-examined.
11.2  A re-examination must consist of
	(a)	a review or test, or both, of an employee's knowledge of 
required subjects, and
	(b)	hands-on competency evaluation of actual job tasks 
measured against a defined level of performance.
11.3  The passing mark for re-examination is 80% for each subject.
11.4  Recurrent training can be either classroom or computer-based 
training.
12  Copies of examinations must be kept on file
12.1  An industrial railway operator shall retain on file a copy of each 
type of classroom examination and a copy of a detailed description of 
each method of assessing on-the-job competence used by the operator.
13  Examination records must be kept on file
13.1  An industrial railway operator shall maintain an examination 
record for each employee examined in accordance with these Rules.
14  Record of training programs must be kept on file
14.1  An industrial railway operator shall retain on file a full 
description of its employee training programs related to industrial 
railway yard operations.
14.2  An industrial railway operator shall maintain for each calendar 
year a comprehensive record of its employee training programs 
conducted during that year, including recurrent training.
14.3  A record under Rule 14.2 must specify
	(a)	the total number of employees involved with industrial 
railway yard operations,
	(b)	the total number of employees who received training with 
respect to industrial railway yard operations, and
	(c)	the number of employees who received training and met the 
training requirements with respect to industrial railway yard 
operations.
14.4  Records referred to in these Rules must be kept for at least 3 
years.
Appendix  
Required Subjects
The following tables outline the subject matter that must be included as 
a minimum in training programs for employees directly involved in 
industrial railway yard operations.  It is the responsibility of each 
industrial railway operator to identify the specific content that is 
applicable to its respective operations.
Table A 
Training Requirements
1  Employees holding safety critical positions in an industrial railway 
yard require training as noted in Items 1, 2 (when required), 3, 4, 5, 6, 
7, 8 and 9.
2  Employees directly involved in the movement of rail equipment in 
an industrial railway yard require training as noted in Items 1, 2 (when 
required), 3, 4, 5, 6 and 7.
3  Employees not directly involved in the movement of rail equipment 
in an industrial railway yard require training as noted in Items 2 (when 
required), 3, 4, 6 and 10.

Item
Description
1
Industrial Railway 
Operating Rules (IROR), 
including Railway Radio 
Communication Rules
Applicable operating rules as per 
Schedule 1 to the Industrial Railway 
Regulation.
2
Dangerous Commodities
As per the Transportation of 
Dangerous Goods Regulations 
(Canada).
3
Car Air Brake Systems
Identify and explain the purpose of 
each major component of a rail car air 
brake system and how they operate.
4
Car Securement
Identify and apply the rules that apply 
to the use and testing of handbrakes in 
securing equipment.
5
Equipment Handling and 
Switching Strategies
Identify the operating conditions that 
will affect the selection of the safest 
and most effective equipment handling 
and switching strategies, and apply 
these strategies safely.
6
Freight Car Inspection
Schedule 4 to the Industrial Railway 
Regulation.
7
Core Safety Rules
Explain and apply basic safety rules for 
working in and around rail equipment, 
including but not limited to the 
following:
?  on or about tracks
?  3-point protection
?  entraining/detraining/crossing 
over/riding equipment
?  hand operated switches (throwing, 
cleaning)
?  operating derails
?  coupling/adjusting misaligned 
coupler
8
Engine operation
Identify and apply the rules and 
procedures for:
?  safely starting the equipment
?  the considerations and steps for 
initiating movement
?  the considerations to be made while 
operating
?  engine brakes
?  safety control systems
9
Engine inspection
?  Identify and apply the steps to be 
taken in inspecting the equipment
?  Develop and implement a plan for 
equipment inspection appropriate for 
the equipment being used
10
Basic core safety Rules
Explain and apply basic safety rules for 
working in and around rail equipment, 
including but not limited to the 
following:
?  on or about tracks
?  entraining/detraining/crossing over 
equipment
?  operating derails
?  use of blue flags 
Schedule 9 
 
Industrial Railway Safety 
Critical Positions Rules
1  Interpretation
1.1  In these Rules,
	(a)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(b)	"rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the 
propulsion or control of freight or service equipment;
	(c)	"safety critical position" means a railway position directly 
involved in the operation of an engine.
1.2  Any person performing any of the duties normally performed by a 
person holding a safety critical position is deemed to be holding a 
safety critical position while performing those duties.
1.3  Any person involved in the operation of an engine is deemed to be 
holding a safety critical position.
2  Records to be kept
2.1  An industrial railway operator shall
	(a)	maintain a list of all occupational names or titles in safety 
critical positions,
	(b)	maintain a list of the names of all employees competent to 
serve in safety critical positions, and
	(c)	make the lists referred to in clauses (a) and (b) available for 
inspection by a railway safety officer on reasonable request.
Schedule 10 
 
Industrial Railway Medical Rules for 
Positions Critical to Safe Industrial 
Railway Operations
1  Definitions
1.1  In these Rules,
	(a)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(b)	"medical officer" means a licensed medical practitioner who 
is employed or contracted by an industrial railway operator 
for the purpose of conducting medical fitness for duty 
assessments;
	(c)	"rail car mover" means a rail vehicle, other than a 
locomotive, propelled by any energy form intended for the 
propulsion or control of freight or service equipment;
	(d)	"safety critical position" means a railway position directly 
involved in the operation of an engine.
2  Frequency of medical assessments
2.1  An employee must undergo a medical fitness for duty assessment
	(a)	before occupying a safety critical position,
	(b)	subject to Rule 2.2, on promotion or transfer to a safety 
critical position, and
	(c)	every 5 years until the age of 40, and every 3 years after that 
date until the employee retires or no longer occupies a safety 
critical position.
2.2  Despite Rule 2.1(b), no medical fitness for duty assessment is 
required under that Rule if the employee is transferring from one safety 
critical position to another safety critical position that, in the opinion of 
the medical officer, has similar mental and physical demands as the 
previous safety critical position.
2.3  The medical officer may require an employee to undergo 
additional medical fitness for duty assessments if the employee
	(a)	has or may have a medical condition that requires frequent 
monitoring, or
	(b)	is returning to work in a safety critical position after a 
medical leave of absence.
3  Medical fitness for duty assessments
3.1  The medical officer shall assess an employee's medical fitness for 
duty on an individual basis taking into consideration both past and 
current medical conditions that could result in
	(a)	sudden impairment,
	(b)	impairment of cognitive function, including alertness, 
judgment, insight, memory and concentration,
	(c)	impairment of senses,
	(d)	significant impairment of musculoskeletal function, or
	(e)	other impairment that is likely to constitute a threat to safe 
individual railway operations.
3.2  The medical conditions referred to in Rule 3.1 include the 
following:
	(a)	diseases of the nervous system, including seizure disorders, 
narcolepsy, sleep apnea and other disturbances of 
consciousness, vestibular disorders, disorders of coordination 
and muscle control, head injury, post-traumatic conditions 
and intracranial tumours;
	(b)	cardiovascular diseases, including high blood pressure, 
coronary artery disease, myocardial infarction, 
cerebrovascular disease, aortic aneurysm, congestive heart 
failure, cardiac arrhythmia, valvular heart disease and 
cardiomyopathy;
	(c)	metabolic diseases, including diabetes mellitus, thyroid 
disease, Cushing's disease, Addison's disease and 
pheochromocytoma;
	(d)	musculoskeletal disabilities, including amputation of a limb, 
arthritis, significant joint dysfunction, disease of the spine, 
obesity or other significant musculoskeletal conditions;
	(e)	respiratory diseases, including obstructive or restrictive 
conditions resulting in functional impairment;
	(f)	mental disorders, including
	(i)	dementias, delirium and amnesia,
	(ii)	psychotic, including schizophrenia,
	(iii)	mood, including depression, manic and bipolar,
	(iv)	anxiety, including panic attacks and phobias, and
	(v)	personality resulting in anti-social, erratic or aggressive 
behaviour;
	(g)	substance abuse, including abuse or dependence on alcohol, 
prescription medications or illicit drugs;
	(h)	hearing impairment, including hearing acuity;
	(i)	visual impairment, including distant visual acuity, field of 
vision and colour vision;
	(j)	any other organic, functional or structural disease, defect or 
limitation that is likely to constitute a threat to safe individual 
railway operations.
3.3  In addition to taking into consideration the employee's current 
medical conditions, the medical officer shall also take into 
consideration
	(a)	the occupational demands of the employee's job and the 
employee's ability to meet those demands,
	(b)	the employee's performance record, and
	(c)	any prescription or over-the-counter medication that the 
employee is using or has used that may cause mental or 
physical impairment that affects judgment.
3.4  Despite Rules 3.1 and 3.2, the medical officer may determine that 
any additional assessments required under Rule 2.3 may be limited to 
assessments of particular medical conditions.
4  Medical restrictions
4.1  If, in making an individual assessment of an employee's medical 
fitness for duty, the medical officer is of the opinion that there exists a 
threat to safe industrial railway operations, the medical officer may
	(a)	prohibit the employee from occupying a safety critical 
position,
	(b)	restrict the use of corrective devices or other medical aids, or
	(c)	otherwise restrict the employee's ability to work or perform 
certain tasks in a safety critical position.
4.2  On completion of a medical fitness for duty assessment, the 
medical officer shall advise the employee who is the subject of the 
assessment and the employee's supervisor of
	(a)	the employee's medical fitness for duty, and
	(b)	any prohibitions or restrictions imposed by the medical 
officer under Rule 4.1.
5  Records
5.1  The industrial railway operator shall maintain a record of all 
employees' medical fitness for duty assessments and any prohibitions 
or restrictions imposed by the medical officer under Rule 4.1.
5.2  The industrial railway operator shall maintain copies of all 
medical policies and guidelines used by the industrial railway operator 
in respect of medical fitness for duty assessments.
5.3  The industrial railway operator shall make records, policies and 
guidelines required to be maintained under this Rule available for 
inspection by a railway safety officer on reasonable request.
6  Exception
6.1  These Rules do not apply to an industrial railway operator if that 
operator establishes and complies with appropriate alternative medical 
requirements suitable to the operator's particular operation.
6.2  In developing alternative medical requirements, the industrial 
railway operator shall
	(a)	use these Rules as a guide to ensure that the alternative 
medical requirements achieve an equivalent level of safety,
	(b)	establish appropriate rules suitable for the operator's 
operation in respect of its employees in safety critical 
positions,
	(c)	maintain fitness records for each employee and make them 
available to a railway safety officer on reasonable request, 
and
	(d)	maintain a copy of the alternative medical requirements.
6.3  The Railway Administrator may reject an industrial railway 
operator's alternative medical requirements if, in the Railway 
Administrator's opinion, an equivalent level of safety is not achieved.


--------------------------------
Alberta Regulation 339/2009
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN (COMMENCEMENT DATE 
CHANGE, 2009) AMENDMENT REGULATION
Filed: December 14, 2009
For information only:   Made by the Special Forces Pension Board on December 10, 
2009 pursuant to Schedule 4, sections 4(8) and 5(2) of the Public Sector Pension 
Plans Act. 
1   The Special Forces Pension Plan (Contribution Rate 
Increase, 2009) Amendment Regulation (AR 261/2009) is 
amended by this Regulation.

2   Section 4 is amended by striking out "January" and 
substituting "July".



Alberta Regulation 340/2009
Mines and Minerals Act
OIL SANDS ALLOWED COSTS (MINISTERIAL) 
AMENDMENT REGULATION
Filed: December 15, 2009
For information only:   Made by the Minister of Energy (M.O. 117/2009) on 
December 9, 2009 pursuant to section 36(5.1) of the Mines and Minerals Act. 
1   The Oil Sands Allowed Costs (Ministerial) Regulation 
(AR 231/2008) is amended by this Regulation.

2   Section 7(1) is amended by striking out "and" at the end 
of clause (b), by adding "and" at the end of clause (c) and by 
adding the following after clause (c):
	(d)	to the extent that 
	(i)	the cost was an allowed cost of a Project or a cost 
previously used in the calculation of royalty in respect 
of a Project, or 
 	(ii)	with respect to a Project for the recovery of oil sands 
products, the royalty determination for which is the 
subject-matter of a contract under section 9(a) of the 
Act, the cost
	(A)	was included in "Allowed Capital Costs" or in 
"Allowed Operating Costs", or
	(B)	was previously used in the calculation of royalty.  

3   The Schedule is amended by repealing item 60.

4   This Regulation is effective on and from January 1, 2009.



Alberta Regulation 341/2009
Mines and Minerals Act
BITUMEN VALUATION METHODOLOGY (MINISTERIAL) 
AMENDMENT REGULATION
Filed: December 15, 2009
For information only:   Made by the Minister of Energy (M.O. 118/2009) on 
December 9, 2009 pursuant to section 36(5.1) of the Mines and Minerals Act. 
1   The Bitumen Valuation Methodology (Ministerial) 
Regulation (AR 232/2008) is amended in section 1
	(a)	in subsection (1)(m) by striking out "reported" and 
substituting "calculated";
	(b)	by repealing subsection (3)(c) and substituting the 
following:
	(c)	the WCS index for each month shall be the weighted 
average, based on trading volumes, of the "WCS-WTI" 
index published by Natural Gas Exchange Inc. for that 
month, and the "WCS" index published by Net Energy 
Inc. for that month, as calculated by the Minister,

2   This Regulation applies to the calculation of the WCS 
index for September 2009 and each subsequent month.