Let’s Talk: Safety Management Systems in the Rail Industry

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Consultation has concluded

The Railway Safety Managements Systems Regulations, 2015 were created in response to a number of reports and recommendations that highlighted gaps in an earlier version of the regulations. The purpose was to enhance the quality of safety management systems (SMS) by improving how:

  • the systems were used by the rail industry; and
  • Transport Canada (TC) oversees rail safety.

Since 2015, TC has conducted over 150 safety management system audits of rail companies, including 12 of the national freight railways. As part of these audits, we established a baseline for every federally regulated railway in Canada that will be used to measure whether compliance is improving.

Although there’s been a lot of progress in safety management system requirements and oversight, there is still room for improvement. The 2018 Rail Safety Act Review highlighted the progress made by TC’s Rail Safety Branch. The review also recommended that the department create a way to assess the effectiveness of a railway company’s safety management system.

Other reports, such as the 2021 Auditor General’s report and the 2022 report from the House of Commons Standing Committee on Transport, Infrastructure and Communities, highlighted things to improve, including:

  • assessing the effectiveness of railway companies’ safety management system processes; and
  • establishing stronger requirements to make sure that rail companies are conducting risk assessments and addressing hazards.

What is Transport Canada proposing?

Based on these recommendations, TC is reviewing the 2015 Rail Safety Management System Regulations to see how we can strengthen SMS performance to improve rail safety.

The first of several steps is to get feedback from stakeholders and the public on the strengths and weaknesses of the current system. We’ve written a discussion paper and asked five questions to gather feedback and help facilitate the discussion.

We want to hear from you

Your opinions and feedback are important.

To participate and have your say:

  • We invite you to read our consultation document.
  • Please go to "register" at the top of the page or sign in.
  • Send a formal written submission via the “Submissions” tab before September 26, 2022.
  • Participate in our discussion forum through the “Have your say” tab. The forum will be open until September 26, 2022.

As set out in Sections 19 and 20 of the Access to Information Act, be sure to identify any parts of your comments that we shouldn’t make public because they include personal information or third-party information. Explain why your comments should be kept private, and for how long.

Unless you tell us that a section is private, it could appear in any regulatory proposal that TC publishes in the Canada Gazette.


The Railway Safety Managements Systems Regulations, 2015 were created in response to a number of reports and recommendations that highlighted gaps in an earlier version of the regulations. The purpose was to enhance the quality of safety management systems (SMS) by improving how:

  • the systems were used by the rail industry; and
  • Transport Canada (TC) oversees rail safety.

Since 2015, TC has conducted over 150 safety management system audits of rail companies, including 12 of the national freight railways. As part of these audits, we established a baseline for every federally regulated railway in Canada that will be used to measure whether compliance is improving.

Although there’s been a lot of progress in safety management system requirements and oversight, there is still room for improvement. The 2018 Rail Safety Act Review highlighted the progress made by TC’s Rail Safety Branch. The review also recommended that the department create a way to assess the effectiveness of a railway company’s safety management system.

Other reports, such as the 2021 Auditor General’s report and the 2022 report from the House of Commons Standing Committee on Transport, Infrastructure and Communities, highlighted things to improve, including:

  • assessing the effectiveness of railway companies’ safety management system processes; and
  • establishing stronger requirements to make sure that rail companies are conducting risk assessments and addressing hazards.

What is Transport Canada proposing?

Based on these recommendations, TC is reviewing the 2015 Rail Safety Management System Regulations to see how we can strengthen SMS performance to improve rail safety.

The first of several steps is to get feedback from stakeholders and the public on the strengths and weaknesses of the current system. We’ve written a discussion paper and asked five questions to gather feedback and help facilitate the discussion.

We want to hear from you

Your opinions and feedback are important.

To participate and have your say:

  • We invite you to read our consultation document.
  • Please go to "register" at the top of the page or sign in.
  • Send a formal written submission via the “Submissions” tab before September 26, 2022.
  • Participate in our discussion forum through the “Have your say” tab. The forum will be open until September 26, 2022.

As set out in Sections 19 and 20 of the Access to Information Act, be sure to identify any parts of your comments that we shouldn’t make public because they include personal information or third-party information. Explain why your comments should be kept private, and for how long.

Unless you tell us that a section is private, it could appear in any regulatory proposal that TC publishes in the Canada Gazette.


Discussions: All (5) Open (5)

  • What are the most effective elements of the current regulations? What areas should be improved or are lacking?

    over 1 year ago
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    1 Response

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    The 2015 Safety Management System Regulations set the requirements for a rail company’s safety management system. The regulations require companies to develop and put in place a system that could help them reach the highest level of safety.

  • Is the current scope adequate? Does it reflect the differences between the various type of operations?

    over 1 year ago
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    The 2015 regulations have 3 parts.

    Part 1 requires railway companies to have a safety management system that includes all processes. See Required SMS Processes by Railway Type for examples.

    Part 2, Division 1 requires local railway companies that operate on federal main track to have a safety management system that includes the full suite of processes except for processes linked to accident reporting requirements to the Transportation Safety Board and labour relations. 

    Part 2, Division 2 requires local railway companies that only operate on federal non-main track to have a safety management system that includes the minimum core processes, and focus on risk assessment, putting in place systems to evaluate and correct issues.

     

  • Should the railway SMS regulations include additional management-based requirements (possibly as additional processes)? If so, which ones?

    over 1 year ago
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    Although safety management systems are required, the rail sector still faces issues that impact safety. Other jurisdictions have management-based requirements to help address emerging issues in areas such as:

    • managing emergencies 
    • safety culture
    • adapting to climate change
    • safety performance indicators 
    • safety monitoring and inspection technology 
    • working with external stakeholders
    • managing rail bridge safety 

  • Is the current approach to determine under which circumstances a company must conduct a risk assessment adequate?

    over 1 year ago
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    The regulations include a list of specific circumstances where a company must do a risk assessment. Other jurisdictions, like the European Union, use an approach that focuses on doing risk assessments when a significant change is proposed. This approach sets criteria that companies use to determine whether a change is significant.

  • Should there be additional requirements surrounding effectiveness?

    over 1 year ago
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    Currently, all companies, including local railway companies, must develop and implement each of the requirements. Transport Canada deals with non-compliances (violations of the regulations) through gradual and proportionate enforcement. We also assess a company’s safety management system to make sure that it’s effective. If we find that a process isn’t effective, the deficiency (issue) must be corrected, but isn’t subject to enforcement.