Current Rail Safety Oversight in the Lac-Mégantic Area
LOCATION: EASTERN TOWNSHIPS, QUEBEC
ISSUE/SOURCE: A SUMMARY OF CURRENT RAIL SAFETY OVERSIGHT IN THE LAC-MÉGANTIC AREA
DATE: SEPTEMBER 18, 2020
Suggested Responses
- The safety of Canada’s railway sector is of the utmost importance to me. I am committed to ensuring that appropriate levels of safety are maintained.
- Since the Lac-Mégantic tragedy, numerous measures have been taken by Transport Canada (TC) to further improve rail safety, and the transportation of dangerous goods by rail, through regulatory and legislative reform.
- Last fall a Ministerial Order was issued to CMQ to proceed with all necessary repairs identified in previous inspections and implement new safety measures such as ultrasonic tests.
- Transport Canada is aware that the acquisition of CMQ by Canadian Pacific was concluded, and that the company plans to enhance the rail infrastructure condition through a three year capital investment that started in the spring of 2020.
- Transport Canada continues to monitor the rail network, and will not hesitate to take measures as necessary to ensure rail safety.
BACKGROUND INFORMATION
- On July 6, 2013, a Montreal Maine & Atlantic Railway train carrying crude oil derailed causing 47 fatalities in downtown Lac-Mégantic (Québec). The population remains deeply concerned about rail safety.
- In 2014, Central Maine and Quebec Railway (CMQ) purchased the assets of the bankrupt Montreal Maine & Atlantic Railway, and began its rail operations after making significant investments to improve the rail infrastructure.
- CMQ does not currently transport crude oil, and made a commitment that they would not resume transportation of crude oil without first informing the affected communities.
- Since the Lac-Mégantic tragedy, numerous measures have been taken by Transport Canada (TC) to further improve rail safety, and the transportation of dangerous goods by rail, through regulatory and legislative reform. For instance, implementation of enhanced securement requirements of unattended locomotives, equipment and trains; enhanced tank car standards; and application of speed restrictions for trains carrying dangerous goods through Census Metropolitan Areas.
- In May 2019, during a rail safety inspection on CMQ’s Sherbrooke Subdivision (Farnham to Lac-Mégantic), TC noted that the number of defective rails found in ultrasonic testing had increased compared to the previous year. A Notice and Order was issued requiring the company to increase the number of ultrasonic rail inspections.
- CMQ took immediate action to address the non-compliances found including applying speed restrictions where appropriate.
- On August 15, 2019, the “Coalition des citoyens et organismes engagés pour la sécurité ferroviaire de Lac-Mégantic” (the coalition) sent a highly publicized letter to Transport Canada expressing concerns about the increase in track defects on the CMQ line in the Lac-Mégantic area.
- On September 5, 2019, the coalition sent a formal letter “mise en demeure” to TC asking the Minister to block the transportation of dangerous goods in the region until defective rails identified in the recent TC report are repaired.
- On September 6, 2019, a Ministerial Order was issued under section 32.01 of the Railway Safety Act, ordering the company to take actions to improve the safety of its rail operations on the Sherbrooke Subdivision. These actions included conducting an internal review of their certification and training program of track supervisors and repairing the defects at the locations identified in the order, no later than October 15, 2019. The company was also ordered to increase the frequency of Ultrasonic Rail Inspections.
- Since September 9, 2019, TC inspectors conducted follow-up inspections on the entirety of the Sherbrooke Subdivision to ensure that the repairs done by CMQ are in compliance with the Railway Safety Act and the Ministerial Order.
- On November 6, 2019, CMQ submitted to TC the results of their fall 2019 ultrasonic inspection, as per the Ministerial Order. The results have been analyzed by the department, and a field inspection was conducted on November 18, and 19, 2019. TC inspectors confirmed that each of the required repairs had been carried out by CMQ.
- During the week of February 3, 2020, CMQ undertook their ultrasonic testing as per the Ministerial Order. After analyzing the results, TC conducted a review of the actions taken, which showed that all identified defects were repaired and in compliance.
- During the week of February 18, 2020, TC conducted an audit of CMQ’s Safety Management System with a focus on track management. The final audit report was forwarded by TC to CMQ on July 22, 2020. TC received the corrective action plan on August 21, and it is being assessed to ensure that all the required actions are taken.
- Between May 25, and June 18, 2020 CMQ undertook the last ultrasonic testing required in the Ministerial Order. After analyzing the results, TC conducted a review of the actions taken, which showed that all identified defects were repaired and in compliance.
- On July 6, 2020 the Coalition des citoyens et organismes engagés pour la sécurité ferroviaire de Lac-Mégantic (La Coalition) sent a Formal notice (mise en demeure) demanding that Minister Garneau conduct a complete and immediate inspection of the portion between Mile 1-2 (Sherbrooke Subdivision) of the track using a different and complementary technology than ultrasound, citing that this method cannot accurately identify certain defects in old worn rail, particularly micro-cracks. A correspondence acknowledging receipt of the Formal notice was forwarded by the Director General of Rail Safety to the Coalition.
- Since Canadian Pacific acquired CMQ, they committed to restoring the track on the Sherbrooke Subdivision to a condition aligned with its anticipated future operations.
LAC-MÉGANTIC RAIL BYPASS
LOCATION: LAC-MÉGANTIC and municipalities of FRONTENAC AND NANTES
Issue: Lac-mégantic rail Bypass update
Date: OCTOBER 30, 2020
Suggested Responses
- In May 2018, the governments of Canada and Quebec announced their commitment to build the Lac-Mégantic rail bypass project.
- Since then, significant progress has been made.
- In August 2019, following the completion of an engineering study, the
- governments announced the relocation of railway activities to the Lac-Mégantic industrial park, responding to community requests.
- Following public consultation hearings during summer 2019, the provincial environmental assessment process was completed in September 2020. An agreement was reached amongst partners to include 138 mitigation measures to the project.
- More recently, the City of Lac-Mégantic confirmed the completion of a 2-year Feasibility Study, which included detailed technical works.
- Transport Canada continues to work in collaboration with the Canadian Pacific Railway and other partners involved to implement this important social reconstruction project.
If Pressed - The land acquisition process is well advanced. The evaluation of properties were completed during the past year and offers should be made to landowners in the next few months.
BACKGROUND INFORMATION
Announcement
- On May 11, 2018, the Prime Minister of Canada, together with the Premier of Quebec, announced the rail bypass in Lac-Mégantic. The project, which is estimated to cost $133 million, will be funded by the federal government (60%) and the Province (40%). In December 2019, the Canadian Pacific Railway bought the Central Maine & Quebec Railway (CMQR), and have indicated publicly they will continue to support the project.
Engineering Work
- The feasibility study conducted by the municipality of Lac-Mégantic was completed with the submission of the final report by the engineering firm (AECOM) in September 2020. This report was transmitted to the Canadian Pacific Railway for review to ensure that the proposed design meets its operating methods. Once this work has been completed, the plans and specifications phase can be launched.
Environmental Assessment
- The environmental assessment process led by the Ministère de l'Environnement et de la Lutte aux changements climatiques (MELCC) is now completed. The various ministries and agencies have grouped together 138 mitigation measures that will be integrated into the project, including the environmental follow-ups that will be carried out. These measures will be implemented in order to minimize as much as possible the impacts of this project on the community and its environment.
Relocation of rail storage activities
- Transport Canada has retained the services of the engineering firm RIVVAL to assess the feasibility options of consolidating the railway activities at the industrial park. Based on this report, Transport Canada made an announcement that is supported by the rail operator, the municipalities and the communities.