Eligibility criteria

See the criteria that must be met for the Rail Fund to start accepting and paying claims.

To date, no major rail accident has activated the Rail Fund. However, we monitor accidents involving crude oil and are ready to handle claims.

Who starts to pay after a railway accident?

The railway company is the first to pay. It is responsible for the damages and losses following a major accident involving crude oil. To operate in Canada, a railway company needs liability insurance to cover damages and losses.

The amount of coverage is based on the volume of crude oil it transports. The amount required ranges from $100 million to $1 billion.

Fault or negligence doesn’t have to be proven. This is the polluter pays principle.

When does the Rail Fund start accepting and paying claims?

The railway company pays claims until it reaches its liability limit. Then, Canadians can access compensation from the Rail Fund, once it is activated.

Who can submit a claim?

Anyone who has suffered damages or losses, including:

  • individuals
  • all levels of government
  • Indigenous groups
  • first responders and spill responders
  • corporations and businesses
  • landowners
  • non-profit corporations.

See the criteria that must be met to submit a successful claim.

What types of damages and losses are covered?

The Rail Fund covers all damages resulting from a major crude-by-rail accident, including the following:

Personal injury or death

For physical or psychological injuries and death

Emergency response costs

For public safety measures, including services by first responders (such as firefighters, police officers, paramedics, and public safety personnel)

Clean-up costs

For steps taken to prevent, repair, remedy, or minimize damage

Environmental reinstatement

For environmental impact studies and steps taken to speed up the natural recovery of the environment

Property damage

For any physical damage to property, such as homes, cars, buildings, stores, and businesses

Economic loss

For lost wages or profits

Loss of subsistence living and cultural losses

For subsistence, cultural, recreational, and ceremonial losses, as well as lost access to traditional resources

Loss of hunting, fishing, and gathering opportunities for Indigenous Peoples

For lost or reduced access to hunting, fishing, or gathering grounds

Loss of non-use value of a resource

For the loss of a public, environmental resource that has inherent value, whether or not it is used by people (these claims are for the federal or a provincial government)

If you spent money to put your claim together, the Rail Fund may also compensate you for those costs.

  • For all damages and losses, we can only reimburse reasonable costs and expenses.

What is the deadline to submit a claim?

You have two years from the date of the incident to submit a claim. See eligibility criteria for more.

What do I need to submit with my claim?

We will need supporting documents that prove your damages and losses. These may include:

  • contracts, statements of work, price quotes, invoices, and receipts
  • financial records and income tax documentation
  • deeds and land surveys
  • appraisals, assessments, and survey reports
  • photographs and maps
  • logbooks
  • correspondence.

How do I submit my claim?

The first place to go for compensation is to the railway company involved in the accident.

After the railway company has paid up to the amount covered by their liability limit, the Rail Fund will start accepting claims.

We will pay all remaining eligible claims.

After an accident, and once the Rail Fund is activated, we will add a new web page to provide the information you need.