GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Locomotive Voice and Video Recorder Regulations — 16
Safeguards — LVVR system 16 (1) A company must ensure that an LVVR system is equipped with physical safeguards that are designed to prevent tampering, including reducing the field of view of the cameras. Safeguards — voice and video data (2) A company must ensure that crash-protected memory modules and any other storage locations containing voice or video data that was recorded in a controlling locomotive operated by the company are subject to safeguards that are designed to prevent unauthorized access to the data, including physical safeguards such as locked filing cabinets and restricted access to offices, organizational safeguards such as requiring a continuous chain of custody and technological safeguards such as the use of passwords and encryption.
Locomotive Voice and Video Recorder Regulations — 17
Clarification 17 For greater certainty, even if a company uses a storage provider operated by a third party to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company is responsible for complying with the provisions of the Act and these Regulations in respect of that data.
Locomotive Voice and Video Recorder Regulations — 18
Virtual storage provider 18 If a company uses a virtual storage provider, including a cloud storage provider, to back up or store voice or video data that was recorded in a controlling locomotive operated by the company, the company must ensure that the provider is accredited under a current internationally recognized standard respecting information security management systems.
Locomotive Voice and Video Recorder Regulations — 19
Record of data access or download 19 (1) A company must ensure that any technological means it uses to access or download voice or video data from a crash-protected memory module, or any other storage location where such data is automatically stored, automatically generates an unalterable record each time such data is accessed or downloaded. Contents of record (2) The record must include the following information: (a) an electronic signature that uniquely identifies the person who accessed or downloaded the voice or video data; (b) the date and time the data was accessed or downloaded; (c) the date and time stamps of the data; and (d) the number or other identifier that uniquely identifies the controlling locomotive in which the data was recorded. Monthly report (3) The company must, on a monthly basis, make available to all operating employees a report that includes the information referred to in subsection (2) that was generated during the preceding month. Retention of documents (4) The company must keep the records and reports described in subsections (1) and (3) for a period of six years after the day on which they are created and provide a copy to the Minister on request.
Locomotive Voice and Video Recorder Regulations — 20
Request from Minister or inspector 20 On receipt of a request to obtain, for use by the Minister under paragraph 17.92(1)(b) or (c) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate the data to the Minister or the railway safety inspector, as the case may be.
Locomotive Voice and Video Recorder Regulations — 21
Secure communications 21 If a company communicates voice or video data that was recorded in a controlling locomotive operated by the company, it must communicate the data in a format that prevents unauthorized access.
Locomotive Voice and Video Recorder Regulations — 22
Communications with TSB 22 (1) If a company communicates to the TSB voice or video data that was recorded in a controlling locomotive operated by the company, it must provide the software and equipment required to use the data, either in advance of or at the time that it communicates the data. Communications with Minister (2) If a company is required to communicate voice or video data that was recorded in a controlling locomotive operated by the company to the Minister, the company must transfer the data to the Minister and, on request, provide the software and equipment required to use the data. Communications with railway safety inspector (3) If a company is required to communicate voice or video data that was recorded in a controlling locomotive operated by the company to a railway safety inspector, the company must make the data available to the inspector.
Locomotive Voice and Video Recorder Regulations — 23
Playback of data 23 (1) A company must ensure that voice and video data is capable of being played back in such a way that (a) the communications of the operating employees are understandable; and (b) the voice of each operating employee is identifiable and clearly distinguishable. Playback system (2) A company must ensure that any playback system used to review voice or video data allows for an uninterrupted review of the data and includes play, pause, rewind and fast-forward functions.
Locomotive Voice and Video Recorder Regulations — 24
Accessing and using data — conditions 24 (1) A company must not access or use, for the purpose of paragraph 17.91(1)(b) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company unless it (a) has identified that the controlling locomotive was involved in the accident or incident; and (b) has reason to believe that activities in the controlling locomotive caused or contributed to the accident or incident. Accessing and using data — types (2) For the purpose of paragraph 17.91(1)(b) of the Act, the voice and video data that a company may access and use is the data from the controlling locomotive involved in the accident or incident that was recorded (a) during the shift of any operating employee who was present when the accident or incident occurred; and (b) during a shift immediately preceding a shift referred to in paragraph (a) if, prior to accessing or using the data, the company has notified all operating employees who are present on the recording, and any bargaining agents representing those employees, that it intends to use the data. Clarification (3) For greater certainty, if, at the time of an accident or incident, a company cannot identify which controlling locomotive was involved, the company must not use voice or video data for the purpose of making that determination.
Locomotive Voice and Video Recorder Regulations — 25
Data collection 25 On receipt of a request for voice or video data related to an accident or incident for use by the Minister under subsection 17.92(1) of the Act or for use by a railway safety inspector under subsection 17.93(1) of the Act, a company must ensure that, before the data is permanently erased, it is collected from the crash-protected memory module or any other storage location where the data is automatically stored, and preserved in another storage location.
Locomotive Voice and Video Recorder Regulations — 26
Process 26 (1) To randomly select voice and video data as required by subsection 17.91(2) of the Act, a company must use a random number generator to select, in the following order, (a) the day of the month from which the data will be selected; (b) the controlling locomotives from which the data will be selected; and (c) a maximum of three start times, to the minute, for each of the controlling locomotives. Random selection (2) The company must ensure that, when making the selections set out in subsection (1), no day, controlling locomotive or start time has a greater likelihood of being selected than another. Selecting the day of the month (3) For the purpose of paragraph (1)(a), the company must use the random number generator during the week preceding the beginning of the month. Selecting controlling locomotives (4) For the purpose of paragraph (1)(b), the company must select at least two controlling locomotives from among all of the controlling locomotives that the company is scheduled to operate in Canada on the day selected under paragraph 1(a). The number of controlling locomotives selected must not exceed 10% of the controlling locomotives that the company is scheduled to operate in Canada on that day. Selecting start times (5) For the purpose of paragraph (1)(c), the company may include parameters to ensure that the selected start times are chosen from among the times that the controlling locomotives are scheduled to operate. Obligation to download (6) A company must download 30 minutes of voice and video data beginning from each selected start time before the data is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored. Prohibition — maximum of 30 minutes (7) A company must not download more than 30 minutes of voice and video data beginning from each selected start time. Prohibition — repeated selection process (8) A company must not perform the selections set out in paragraph (1)(a) to (c) more than once in respect of a given month. Random selection policy (9) A company must develop and implement a written random selection policy that (a) identifies the persons in the company who are authorized to perform the selections set out in subsection (1); (b) ensures that no person who schedules or manages employees performs the selections set out in subsection (1) or influences any person who does; and (c) identifies and describes the random number generator that the company uses to perform the selections set out in subsection (1).
Locomotive Voice and Video Recorder Regulations — 27
Use of voice and video data 27 For the purpose of paragraph 17.91(1)(a) of the Act, a company must use all voice and video data selected in accordance with section 26 within 30 days after downloading the data.
Locomotive Voice and Video Recorder Regulations — 28
Submission of random selection policy to Minister 28 (1) A company must submit a copy of the random selection policy required under subsection 26 (9) to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act. Changes to policy (2) If a company changes its random selection policy after submitting it to the Minister, the company must submit a copy of the updated policy to the Minister before selecting any voice and video data for the purpose of paragraph 17.91(1)(a) of the Act.
Locomotive Voice and Video Recorder Regulations — 29
Request by Minister 29 (1) On receipt of a request to obtain, for use by the Minister under paragraph 17.92(1)(a) of the Act, voice or video data that was recorded in a controlling locomotive operated by the company, the company must communicate to the Minister data that (a) the company has randomly selected in accordance with any methodology provided by the Minister; (b) the Minister has randomly selected; or (c) the company has randomly selected for the purpose of paragraph 17.91(1)(a) of the Act. List of controlling locomotives (2) For the purpose of paragraph (1)(b), a company must provide to the Minister, on request, a list of its controlling locomotives that are scheduled to be in operation in Canada on any day or in any location selected by the Minister. Downloading data (3) A company must download all voice and video data requested under subsection (1) before it is permanently erased from the crash-protected memory module or any other storage location where such data is automatically stored.
Locomotive Voice and Video Recorder Regulations — 30
Prescribed threats 30 For the purpose of subsection 17.91(3) of the Act, a company may use voice and video data to address the following threats to the safety of railway operations: (a) an operating employee who uses a cellular telephone while on duty when normal railway radio communication systems are available, except as provided for in company policies; (b) an operating employee who assumes a sleeping position while on duty, except as provided for in company policies; (c) an operating employee who uses a personal entertainment device while on duty, except as provided for in company policies; (d) the presence of an unauthorized person in the controlling locomotive; (e) an operating employee who is consuming or using intoxicants or impairing drugs; (f) an operating employee who reads materials not required in the performance of their duties while on duty, except as provided for in company policies; and (g) operating employees who are within hearing range of each other but who are not verbally communicating, in a clear and audible manner, information they are required to verbally communicate in accordance with rules approved or established by the Minister under sections 19 and 20 of the Act.
Locomotive Voice and Video Recorder Regulations — 31
Employee access to data 31 If a company identifies a threat set out in section 30 when it is using voice or video data for the purposes of subsection 17.91(1) of the Act, the company must (a) as soon as possible, notify all identifiable persons present on the recording of the data that the company has identified a threat on that recording; (b) within 30 days after the notice is provided under paragraph (a), advise any employee the company has deemed responsible for the threat as to whether the data will be used to address the threat; (c) make the data available to any employee whom the company has deemed responsible for the threat, on request of the employee; and (d) before the data is made available under paragraph (c), notify any other person referred to in paragraph (a) that the data will be made available to the employee deemed responsible for the threat.
Locomotive Voice and Video Recorder Regulations — 32
Erasure of data — storage locations 32 A company must ensure that voice and video data is permanently erased from any storage location where such data is automatically stored, other than a crash-protected memory module, before or at the same time as the corresponding data is permanently erased from a crash-protected memory module in accordance with paragraph 5 (e).
Locomotive Voice and Video Recorder Regulations — 33
Erasure of data — when purpose achieved 33 (1) If a company preserves voice or video data for any purpose set out in sections 17.91 to 17.93 of the Act, the company must permanently erase the data from all storage locations as soon as the data is no longer required for that purpose. Exception — paragraph 17.91(1)(a) of the Act (2) Despite subsection (1), if a company uses voice or video data for the purpose of paragraph 17.91(1)(a) of the Act, the company must permanently erase the data from all storage locations within 30 days after downloading the data. Exception — threat to safety of railway operations (3) Despite subsections (1) and (2), if a company preserves voice and video data for any purpose set out in subsection 17.91(1) of the Act and uses the data to address a threat to the safety of railway operations set out in section 30 , the company must preserve the data for at least two years after the day on which the decision to address the threat was made and permanently erase the data from all storage locations as soon as the following conditions have been met: (a) two years have passed since the decision to address the threat was made; and (b) the data is no longer required for the purpose for which it was preserved.
Locomotive Voice and Video Recorder Regulations — 34
Accessing or using voice or video data 34 (1) Each time a company accesses or uses voice or video data, the company must make a record that sets out (a) the name of the person who accessed or used the data; (b) the date and time the data was accessed or used; (c) the date and time stamps of the data; (d) the number or other identifier that uniquely identifies the controlling locomotive on which the data was recorded; and (e) the purpose for which the data was accessed or used. Communication of voice or video data (2) Each time a company communicates voice or video data to the TSB, the Minister or a railway safety inspector, the company must make a record that sets out (a) the purpose for which the data was communicated; (b) the date and time the data was communicated; (c) the name of the person who communicated the data; and (d) the name of any individual who received or, as applicable, viewed the data and the organization they represent. Record keeping (3) The company must keep the records referred to in subsections (1) and (2) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request.
Locomotive Voice and Video Recorder Regulations — 35
Record of random selection 35 (1) Each time a company randomly selects voice and video data for the purposes of paragraph 17.91(1)(a) or 17.92(1)(a) of the Act, the company must make a record that sets out (a) each selection made in accordance with subsection 26 (1) or any methodology provided by the Minister under paragraph 29 (1)(a), including the full data set from which each selection was made; (b) the name and position of the person who performed each selection; and (c) the voice and video data that was downloaded. Record keeping (2) The company must keep the records referred to in subsection (1) for a period of six years after the day on which they are created and provide a copy of any record to the Minister on request.
Locomotive Voice and Video Recorder Regulations — 36
Data use — threats to safety of railway operations 36 (1) Each time a company uses voice or video data to address a threat to the safety of railway operations set out in section 30 , the company must make a record that sets out (a) the purpose for which the data was used under subsection 17.91(1) of the Act; (b) the threat to the safety of railway operations that was addressed; and (c) the day on which the decision to address the threat was made. Record keeping (2) The company must keep the record referred to in subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request.
Locomotive Voice and Video Recorder Regulations — 37
Erasure of voice or video data 37 (1) Each time a company permanently erases voice or video data in accordance with section 33 , the company must make a record that sets out (a) the method used to erase the data; (b) the date and time the data was erased; (c) all storage locations from which the data was erased; and (d) the name and position of the person who erased the data. Record keeping (2) The company must keep the record referred to in subsection (1) for a period of six years after the day on which it is created and provide a copy of any record to the Minister on request.
Locomotive Voice and Video Recorder Regulations — 38
Copies kept in Canada 38 The company must keep at its principal place of business in Canada a copy of any record, test recording, policy and report that it is required to keep under these Regulations.
Locomotive Voice and Video Recorder Regulations — Second anniversary
Second anniversary * 41 These Regulations come into force on the second anniversary of the day on which they are published in the Canada Gazette , Part II. * [Note: Regulations in force September 2, 2022.]
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — a
Whereas the Northern Wolffish ( Anarhichas denticulatus ) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Act a ; a S.C. 2002, c. 29
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order
Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — b
Whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) b of that Act; b S.C. 2015, c. 10, s. 60
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order
And whereas the Minister of Fisheries and Oceans is of the opinion that the annexed Order would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species and, pursuant to subsection 58(8) of that Act, has consulted the wildlife management board in question with respect to the Order;
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order
Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Act a , makes the annexed Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order .
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — 1
Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Northern Wolffish ( Anarhichas denticulatus ), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry.
Critical Habitat of the Northern Wolffish (Anarhichas denticulatus) Order — 2
Coming into force 2 This Order comes into force on the day on which it is registered.
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — a
Whereas the Spotted Wolffish ( Anarhichas minor ) is a wildlife species that is listed as a threatened species in Part 3 of Schedule 1 to the Species at Risk Act a ; a S.C. 2002, c. 29
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order
Whereas the recovery strategy that identified the critical habitat of that species has been included in the Species at Risk Public Registry;
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — b
And whereas no portion of the critical habitat of that species that is specified in the annexed Order is in a place referred to in subsection 58(2) b of that Act; b S.C. 2015, c. 10, s. 60
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order
Therefore, the Minister of Fisheries and Oceans, pursuant to subsections 58(4) and (5) of the Species at Risk Act a , makes the annexed Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order .
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — 1
Application 1 Subsection 58(1) of the Species at Risk Act applies to the critical habitat of the Spotted Wolffish ( Anarhichas minor ), which is identified in the recovery strategy for that species that is included in the Species at Risk Public Registry.
Critical Habitat of the Spotted Wolffish (Anarhichas minor) Order — 2
Coming into force 2 This Order comes into force on the day on which it is registered.
Special Economic Measures (Belarus) Regulations — Special Economic Measures (Belarus) Regulations
Whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in Belarus;
Special Economic Measures (Belarus) Regulations — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) a , (1.1) b , (2) and (3) of the Special Economic Measures Act c , makes the annexed Special Economic Measures (Belarus) Regulations . a S.C. 2017, c. 21, s. 17(1) b S.C. 2017, c. 21, s. 17(2) c S.C. 1992, c. 17