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Railway Safety Management System Regulations, 2015 (SOR/2015-26)

Regulations are current to 2021-11-17 and last amended on 2015-04-01. Previous Versions

PART 2Local Railway Companies (continued)

DIVISION 1Main Track Operations (continued)

Records

Marginal note:Review, analysis and evaluation

  •  (1) A local railway company must keep a record of the factors taken into account in, and the results of,

    • (a) the annual review of its safety policy;

    • (b) each analysis conducted under section 47; and

    • (c) each evaluation conducted under subsection 52(2).

  • Marginal note:Date

    (2) The record referred to in subsection (1) must include the date on which the review, analysis or evaluation was undertaken.

Marginal note:Communication

 For each instance in which a local railway company communicates with its employees in accordance with this Division, the local railway company must keep a record of the date and subject matter of the communication and the manner in which it was carried out.

Marginal note:Specified documents

 A local railway company must keep the following records:

  • (a) the documentation relating to each risk assessment conducted under section 49;

  • (b) the written description and written explanation referred to in section 55;

  • (c) the annual report referred to in subsection 57(3);

  • (d) the audit plan referred to in subsection 58(2);

  • (e) the signed audit report referred to in section 59; and

  • (f) the approved action plan referred to in section 60.

Marginal note:Duration

 A local railway company must keep the records referred to in sections 61 to 63 for six years after the day on which they are created.

Filing and Notification

Marginal note:Filing with the Minister

 A local railway company must, at the request of the Minister, file with the Minister

  • (a) an up-to-date copy of the index referred to in subsection 41(1);

  • (b) the targets and initiatives referred to in subsection 54(1) for the current calendar year;

  • (c) the written description and written explanation referred to in section 55;

  • (d) the latest annual report referred to in subsection 57(3); and

  • (e) the latest signed audit report referred to in section 59.

Marginal note:Notification and filing

 A local railway company that proposes to make a change referred to in paragraph 49(1)(b) or (c) must, before making the change, notify the Minister of the change and must, at the request of the Minister, file with the Minister the documentation relating to the risk assessment that it conducted with respect to the change.

DIVISION 2Non-Main Track Operations

Application

Marginal note:Local railway company — non-main track

 This Division applies to a local railway company that operates railway equipment exclusively on non-main track.

Safety Management System

Processes, Procedures and Methods

Marginal note:Processes

 A local railway company must develop and implement a safety management system that includes

  • (a) a process with respect to a safety policy;

  • (b) a process for ensuring compliance with regulations, rules and other instruments;

  • (c) a process for identifying safety concerns;

  • (d) a risk assessment process; and

  • (e) a process for implementing and evaluating remedial action.

Marginal note:Index

  •  (1) A local railway company must keep an up-to-date index of all the processes referred to in section 68 that it has implemented.

  • Marginal note:Content of index

    (2) The index must indicate the date of the last revision of the local railway company’s safety policy and must indicate, for each process,

    • (a) the procedures and methods required by this Division that are associated with the process, and the date of their last revision; and

    • (b) the position in the local railway company that has responsibility for the development and implementation of the process, procedures and methods.

Marginal note:Procedures and methods

 Every procedure and method required by this Division must be in writing and must indicate the date of its last revision.

Process with Respect to a Safety Policy

Marginal note:Safety policy

  •  (1) A local railway company must include, in its safety management system, a written safety policy that reflects the local railway company’s commitment to promoting railway safety. The policy must be approved and signed by an executive who is responsible for the operations and activities of the local railway company.

  • Marginal note:Annual review

    (2) The local railway company must ensure that its safety policy is reviewed annually.

  • Marginal note:Communication

    (3) The local railway company must communicate its safety policy, and any changes to the policy, to its employees.

Process for Ensuring Compliance with Regulations, Rules and Other Instruments

Marginal note:List of instruments

  •  (1) A local railway company must include, in its safety management system, a list of the following instruments relating to railway safety:

    • (a) any regulations made under the Act that apply to the local railway company and that are in force;

    • (b) any rules approved or established by the Minister under section 19 of the Act that apply to the local railway company and that are in force;

    • (c) any exemptions granted under section 22 or 22.1 of the Act that apply to the local railway company and that are in effect;

    • (d) any notices sent to the local railway company under section 31 of the Act that contain an order and that are in effect; and

    • (e) any documents in effect by which the Minister has ordered the local railway company to do or to not do something, including a ministerial order issued under section 32 of the Act and an emergency directive sent under section 33 of the Act.

  • Marginal note:Date and subject matter

    (2) The list of instruments must include

    • (a) in the case of a rule, the date on which it was approved or established; and

    • (b) in the case of an exemption, a notice, or a document referred to in paragraph (1)(e), the date and subject matter.

  • Marginal note:Update

    (3) The local railway company must keep the list of instruments up to date and must indicate the date of its last revision.

Marginal note:Procedures

 A local railway company must include, in its safety management system, a procedure for

  • (a) reviewing and updating the list of instruments referred to in subsection 72(1); and

  • (b) verifying compliance with

    • (i) the requirements of the regulations, rules, and notices and documents containing an order, that are referred to in the list of instruments, and

    • (ii) the terms of the exemptions referred to in the list of instruments.

Process for Identifying Safety Concerns

Marginal note:Analyses

 A local railway company must, on a continual basis, conduct analyses of its railway operations to identify safety concerns, including any trends, any emerging trends or any repetitive situations. The analyses must, at a minimum, be based on

  • (a) any reports of accidents;

  • (b) any internal documentation relating to accidents;

  • (c) any reports of injuries;

  • (d) the results of any inspections conducted by the local railway company or by a railway safety inspector;

  • (e) any reports of contraventions or safety hazards that are received by the local railway company from its employees;

  • (f) any complaints relating to safety that are received by the local railway company;

  • (g) any data that is accessible to the local railway company from safety monitoring technologies; and

  • (h) the findings of any audit reports.

Marginal note:Procedure

 A local railway company must include, in its safety management system, a procedure for conducting the analyses referred to in section 74.

Risk Assessment Process

Marginal note:Risk assessment

  •  (1) A local railway company must conduct a risk assessment in the following circumstances:

    • (a) when it identifies a safety concern in its railway operations as a result of the analyses conducted under section 74;

    • (b) when it proposes to begin transporting dangerous goods, or to begin transporting dangerous goods different from those it already transports; or

    • (c) when a proposed change to its railway operations, including a change set out below, may affect the safety of the public or personnel or the protection of property or the environment:

      • (i) the introduction or elimination of a technology, or a change to a technology,

      • (ii) an increase in the volume of dangerous goods it transports,

      • (iii) a change to the route on which dangerous goods are transported, or

      • (iv) a change affecting personnel, including an increase or decrease in the number of employees or a change in their responsibilities or duties.

  • Marginal note:Components

    (2) The risk assessment must

    • (a) describe the circumstances that triggered the requirement to conduct the risk assessment;

    • (b) identify and describe the risks associated with those circumstances;

    • (c) identify the factors taken into account in the risk assessment, including the persons who may be affected and whether property or the environment is affected;

    • (d) indicate, for each risk, the likelihood that the risk will occur and the severity of its consequences;

    • (e) identify the risks that require remedial action; and

    • (f) identify the remedial action for each of those risks.

Marginal note:Communication

 A local railway company must communicate the risks identified as requiring remedial action, and the remedial action to be implemented, to the employees of the local railway company who are affected by any of the circumstances referred to in subsection 76(1).

Marginal note:Procedure and method

 A local railway company must include, in its safety management system,

  • (a) a procedure for identifying the risks that require remedial action, taking into account, for each risk, the likelihood that the risk will occur and the severity of its consequences; and

  • (b) a method for evaluating the level of risk, taking into account the likelihood that a risk will occur and the severity of its consequences.

Process for Implementing and Evaluating Remedial Action

Marginal note:Remedial action — implementation

  •  (1) A local railway company must implement remedial action with respect to the risks that it has identified in its risk assessment as requiring remedial action.

  • Marginal note:Remedial action — evaluation

    (2) The local railway company must evaluate the effectiveness of the remedial action in reducing or eliminating the risks.

Marginal note:Procedures

 A local railway company must include, in its safety management system,

  • (a) a procedure for selecting the remedial action to be implemented; and

  • (b) a procedure for implementing the remedial action and evaluating its effectiveness.

Records

Marginal note:Review, analysis and evaluation

  •  (1) A local railway company must keep a record of the factors taken into account in, and the results of,

    • (a) the annual review of its safety policy;

    • (b) each analysis conducted under section 74; and

    • (c) each evaluation conducted under subsection 79(2).

  • Marginal note:Date

    (2) The record referred to in subsection (1) must include the date on which the review, analysis or evaluation was undertaken.

Marginal note:Communication

 For each instance in which a local railway company communicates with its employees in accordance with this Division, the local railway company must keep a record of the date and subject matter of the communication and the manner in which it was carried out.

Marginal note:Risk assessment

 A local railway company must keep the documentation relating to each risk assessment conducted under section 76.

Marginal note:Duration

 A local railway company must keep the records referred to in sections 81 to 83 for three years after the day on which they are created.

Filing and Notification

Marginal note:Filing with the Minister

 A local railway company must, at the request of the Minister, file with the Minister an up-to-date copy of the index referred to in subsection 69(1).

Marginal note:Notification and filing

 A local railway company that proposes to make a change referred to in paragraph 76(1)(b) or (c) must, before making the change, notify the Minister of the change and must, at the request of the Minister, file with the Minister the documentation relating to the risk assessment that it conducted with respect to the change.

PART 3Consequential Amendments, Repeal and Coming into Force

Consequential Amendments to the Railway Operating Certificate Regulations

 [Amendment]

 [Amendment]

Repeal

 [Repeal]

Coming into Force

Marginal note:April 1, 2015

 These Regulations come into force on April 1, 2015.

 
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