LOCATION: Regional (Ontario – Quebec)

Issue: From December 23-27, 2022, Via Rail experienced significant service disruptions to its Quebec City – Windsor corridor route due to extreme weather, leaving many passengers either stranded for extended periods of time or ultimately having their trip cancelled prior to commencing their journey.

Date: February 13, 2023

Suggested Responses 

  • Canadians deserve and rightfully expect to experience a passenger rail service that is safe, secure, and reliable. While I acknowledge the extraordinary circumstances surrounding this event, the situation with VIA Rail during the holiday season was unacceptable.
  • From December 23-27, 2022, VIA Rail experienced service disruptions due to exceptionally difficult circumstances related to extreme weather conditions, including power outages, trees on the tracks, and a freight train derailment.
  • VIA Rail is reviewing its incident response and communication protocols for passengers onboard stranded trains. The Department is actively engaged with VIA Rail to ensure there is an improved response in the future.
  • In response to its service disruptions, VIA Rail is offering a full refund to affected passengers, along with travel credits for those whose trains were completely immobilized.
  • On January 10, 2023, VIA Rail issued a news release acknowledging the situation and the need for the organization to make changes. They will be working with outside experts to review their planning, operational response, and protocols around customer care and communications.
  • As a Crown corporation, VIA Rail operates at arm’s length from the Government of Canada. VIA Rail’s Board of Directors is responsible for investigating and reviewing its services, including its response to service disruptions.
  • Transport Canada’s priority is to provide Canadians with an efficient, safe, and secure transportation system. When major incidents occur, Transport Canada has response measures in place, and works with stakeholders to gather around-the-clock information to support oversight activities.

If pressed

  • Transport Canada was in contact with VIA Rail throughout the severe weather events that affected rail travel, to offer assistance and ensure VIA Rail service resumed safely and as soon as possible. 

Background information

From the night of December 23 to December 24, 2022, VIA Rail reported that 6 trains were immobilized in the Quebec City – Windsor Corridor, affecting 1,750 passengers. VIA Rail has provided all of these passengers with full refunds and a travel credit equivalent to the value of their VIA Rail ticket.

On December 23, extreme weather conditions caused numerous power outages, fallen trees, and made overall railway operating conditions very difficult. In one such incident on December 23, a VIA Rail train collided with a tree near Cobourg, ON. There were 228 passengers on board the train and no passengers or crew were injured. A rescue train arrived in the late morning of December 24 and evacuated the passengers.

The weather was so extreme (winds up to 120 km and heavy snow) that sections of the 401 highway from the Quebec border through to Coburg, Ontario were fully closed late on the evening of December 23 and did not reopen until December 25. 

In addition, on December 24, a CN train derailed near Grafton, which caused VIA Rail to cancel its service for three days, from December 24-26, on its Toronto-Montréal and Toronto-Ottawa routes. CN’s efforts to clear the derailed cars and reopen the track were slowed because the derailment occurred over a large culvert making approaches to the derailment site steep. The closure of highway 401 made it difficult to bring crews to the site.

Over 19,000 VIA Rail passengers were affected by the VIA Rail cancellations from December 24-26. VIA Rail is providing all passengers with refunds.

As the tracks were being reopened on December 27, CN also needed to resume circulation of freight trains supplying essential goods and provided VIA Rail with fewer slots (14) instead of the normal 28. As a result, on December 27, operations between Toronto-Ottawa and Toronto-Montréal resumed with a modified schedule and unfortunately passengers experienced delays as CN tried to move backlogged freight and passenger trains. The regular service and schedule on these routes resumed on December 28.

VIA Rail’s top priority was the safety of the passengers and in these extraordinary conditions, with the storm raging, the most secure place for passengers was on board VIA Rail’s trains where they were able to keep them safe and warm. Throughout the night, VIA Rail focused on keeping passengers as comfortable as possible and working with the infrastructure owner (CN) to clear track and try to get passengers to their final destinations as quickly and safely as possible. However, CN was unable to fully assist VIA Rail on their rescue efforts as it had to deal with other operational and infrastructure challenges caused by the extreme weather.

VIA Rail did explore using buses as an alternative approach to move passengers. However, the combination of highway closures due to extreme weather events and lack of bussing capacity on the scale required to move VIA Rail passenger volumes meant buses were not a viable option.

VIA Rail issued a news release on January 10, 2023, acknowledging that they did not meet the expectations of their passengers. They indicated that, in addition to providing full refunds and travel credits to affected passengers, they will be working with outside experts to review their performance in response to the service disruptions. This will include reviewing their planning for the storm, operational response, protocol around customer care, overall communications and how they can better accommodate their passengers in such situations in the future.  Both VIA and Canadian National (CN) Railway have appeared before the TRAN Committee to discuss the events that transpired over the holiday period. TC will review any recommendations that TRAN issues from this appearance.

Transport Canada Next Steps to assess compliance of VIA and CN to regulatory requirements

Transport Canada is currently conducting a due diligence review and assessment of both the VIA and CN rail incidents that occurred during the holiday period. If any non-compliance or safety concerns are identified, the department will take appropriate enforcement action which can include the issuance of an administrative monetary penalty (i.e., a fine).

Pertaining to the VIA Rail collision and stopped train on December 23-24, 2022, Rail Safety is currently reviewing VIA’s passenger handling safety plan to ensure it is compliant with regulatory requirements and adequate to address this type of occurrence.

For the CN derailment near Grafton, ON, Rail Safety inspectors are in contact with CN as the railway continues to determine the root cause of the derailment.  For the purpose of verifying compliance with the Railway Safety Act, Transport Canada is requesting information from CN with regard to signals, rail traffic control exchanges, and forward-facing locomotive camera footage.  Additional site inspections will be conducted as required.

As we continue to conduct our due diligence review and assessment, we will ensure VIA updates their procedures to ensure better communication with passengers and will determine whether amendments to the regulatory framework are required to ensure there is a better handling of these incidents by the railways.