Railway Safety Act

Marginal note:Regulations — safety management systems

• 47.1 (1) The Governor in Council may make regulations respecting safety management systems including, but not limited to, regulations respecting

  • (a) the establishment by companies of safety management systems that include

    • (i) the designation of an executive who is

      • (A) responsible for operations and activities of a company, and

      • (B) accountable for the extent to which the requirements of the safety management system have been met,

    • (ii) the implementation, as a result of a risk management analysis, of the remedial action required to maintain the highest level of safety,

    • (iii) the continuous monitoring and regular assessment of the level of safety achieved,

    • (iv) in the case of a railway company, the implementation of non-punitive internal reporting and confidential reporting to the Department of Transport by employees of contraventions of this Act or of any regulations, rules, certificates, orders or emergency directives under this Act relating to safety, or of other safety concerns, and

    • (v) in the case of a railway company, the involvement of employees and their collective bargaining agents in the ongoing operation of the safety management system;

  • (b) the development and implementation of safety management systems by companies, including the involvement of employees and their collective bargaining agents in the case of railway companies; and

  • (c) the criteria to which a safety management system must conform as well as the components that must be included in the system, including the management of employee fatigue.

• Marginal note:Release of pollutants

  (2) The Governor in Council may make regulations respecting the release of pollutants into the environment from the operation of railway equipment by a railway company including, but not limited to, regulations respecting

  • (a) the keeping of records and information and their filing with the Minister; and

  • (b) the form and content of labels to be affixed to railway equipment and their placement on railway equipment.

• Marginal note:Environmental management plan

  (3) The Governor in Council may make regulations requiring a company to file environmental management plans with the Minister and may make regulations respecting those plans and their filing with the Minister.

• Marginal note:Application

  (4) A regulation made under this section may be general or applicable to a group or class of companies.