Railway Safety Management System Regulations, 2015
P.C. 2015-91 2015-02-05
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to sections 37Footnote a, 47 and 47.1Footnote b of the Railway Safety ActFootnote c, makes the annexed Railway Safety Management System Regulations, 2015.
1 The following definitions apply in these Regulations.
- accountable executive
accountable executive means the executive referred to in subsection 8(1) or 43(1), as the case may be. (gestionnaire supérieur responsable)
Act means the Railway Safety Act. (Loi)
- dangerous goods
dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)
- main track
main track means a line of railway on which the movement of railway equipment is authorized by a railway company. (voie ferrée principale)
- non-main track
non-main track means a line of railway other than a main track. (voie ferrée non principale)
- railway occurrence
railway occurrence means a railway occurrence that is reportable under section 5 of the Transportation Safety Board Regulations. (accident ferroviaire)
2 These Regulations establish the minimum requirements with respect to the safety management system that a company must develop and implement for the purpose of achieving the highest level of safety in its railway operations.
Marginal note:Organization — Parts
(a) Part 1 sets out the requirements applicable to a railway company with respect to its safety management system and with respect to record-keeping, notification and filing of information;
(b) Part 2 sets out
(i) in Division 1, the requirements applicable to a local railway company that operates railway equipment on main track with respect to its safety management system and with respect to record-keeping, notification and filing of information, and
(ii) in Division 2, the requirements applicable to a local railway company that operates railway equipment exclusively on non-main track with respect to its safety management system and with respect to record-keeping, notification and filing of information; and
(c) Part 3 makes consequential amendments to the Railway Operating Certificate Regulations, repeals the Railway Safety Management System Regulations and sets out the date on which these Regulations come into force.
Marginal note:Organization — processes
(2) The safety management system requirements set out in Parts 1 and 2 are organized into key processes that group together related requirements, including, in most instances, the requirement that a company develop and implement
(a) procedures that establish a step-by-step sequence of activities for dealing with certain matters;
(b) methods that are not necessarily a step-by-step sequence of activities, but that establish the manner in which certain evaluation, verification or supervisory activities are to be carried out; or
(c) plans that establish the proposed time for carrying out certain activities with respect to the consultation and knowledge management requirements, and the proposed manner in which those activities are to be carried out.
PART 1Railway Companies
Marginal note:Railway company
Marginal note:Delayed application
(2) In the case of a railway company that begins railway operations after the day on which these Regulations come into force, sections 21 to 23 do not apply until the day that is six months after the day on which the railway company begins railway operations.
Safety Management System
Processes, Procedures, Plans and Methods
5 A railway company must develop and implement a safety management system that includes
(a) a process for accountability;
(b) a process with respect to a safety policy;
(c) a process for ensuring compliance with regulations, rules and other instruments;
(d) a process for managing railway occurrences;
(e) a process for identifying safety concerns;
(f) a risk assessment process;
(g) a process for implementing and evaluating remedial action;
(h) a process for establishing targets and developing initiatives;
(i) a process for reporting contraventions and safety hazards;
(j) a process for managing knowledge;
(k) a process with respect to scheduling; and
(l) a process for continual improvement of the safety management system.
Marginal note:Content of index
(2) The index must indicate the date of the last revision of the railway company’s safety policy and must indicate, for each process,
(a) the management position occupied by a person designated under subsection 8(4), if applicable;
(b) the procedures, plans and methods required by this Part that are associated with the process, and the date of their last revision; and
(c) the position in the railway company that has responsibility for the development and implementation of the procedures, plans and methods.
Marginal note:Procedures, plans and methods
7 Every procedure, plan and method required by this Part must be in writing and must indicate the date of its last revision.
Process for Accountability — Accountable Executive
Marginal note:Designation of executive
8 (1) A railway company must designate an executive who is responsible for the operations and activities of the railway company to be accountable for the extent to which the requirements of the safety management system are met, including its effectiveness in achieving the highest level of safety in its railway operations.
Marginal note:Notice to Minister
(2) The railway company must provide the Minister with the name of the accountable executive as soon as possible after he or she has been designated.
Marginal note:Declaration to the Minister
(3) The railway company must ensure that, within 30 days after the day on which it designates an accountable executive, the accountable executive provides the Minister with a signed declaration accepting accountability for the extent to which the requirements of the safety management system have been met.
Marginal note:Designation of managers
(4) The railway company may, in its safety management system, permit the accountable executive to designate one or more persons to develop and implement one or more of the processes required by this Part. A designated person must occupy a management position within the railway company that includes responsibilities relevant to the process or processes and the authority to make decisions with respect to that process or those processes.
Marginal note:Annual update
(5) If the accountable executive designates a person under subsection (4), the accountable executive must ensure that the person reports to him or her, on an annual basis, with respect to
(a) any problems following the procedures or implementing the plans and methods, and the manner in which those problems have been or are being resolved or, if applicable, the reasons why they have not been or are not being resolved; and
(b) the effectiveness of the procedures, plans and methods in contributing to the improvement of the safety of the railway company’s operations.
Process with Respect to a Safety Policy
Marginal note:Safety policy
9 (1) A railway company must include, in its safety management system, a written safety policy that reflects the railway company’s commitment to promoting railway safety. The policy must be approved and signed by the accountable executive.
Marginal note:Annual review
(2) The railway company must ensure that its safety policy is reviewed annually.
(3) The railway company must communicate its safety policy, and any changes to the policy, to its employees.
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