8. PIC - Rail Passengers’ Rights

LOCATION: Quebec

ISSUE/SOURCE: Treatment of passengers during VIA Rail delay on Aug 31, 2024

DATE: September 2024

SUGGESTED RESPONSES

Providing Canadians with an efficient, safe, and secure transportation system is a priority for Transport Canada. When major incidents or service disruptions occur, Transport Canada has response measures in place, and works with stakeholders to gather information to support oversight activities.
VIA Rail is a Crown Corporation that operates the national passenger rail services at arm’s length from the Government of Canada. Part of the Minister of Transport’s role is to determine the broad policy objectives associated with passenger rail in Canada. VIA Rail is responsible for determining operational issues related to its network, including its response to service disruptions and compensation provided to passengers for delays.
Transport Canada has been working with VIA Rail since train 622 was delayed over the Labour Day weekend. As a result of this incident, VIA Rail has been asked to improve employee training, enhance how information is communicated to passengers during major service disruptions, and to update and review procedures for such events, so that basic care of passengers (e.g., potable water, food, functioning toilets) and other services are maintained.

In Canada, passenger rail services operate in a very complex environment. At this point in time, implementing a rail passenger rights regime like the one for air travel would not be the most effective way to address the issues related to the delay of train 622.
Transport Canada will continue to work with VIA Rail to ensure that passengers are adequately taken care of during major service disruptions.
Should a risk to safety ever be identified during major service disruptions, the department will not hesitate to take immediate action to protect the public’s safety.

On August 31, 2024, VIA Rail train 622 travelling to Quebec experienced mechanical issues that caused a delay that left passengers stranded on the train for approximately 10 hours. During this time, passengers had limited access to essential services, such as food and functioning toilets.
The Minister has met with VIA Rail regarding this incident and subsequently wrote a formal letter asking for an independent report on what happened. VIA Rail has been provided 30 days to update their emergency management action plan.
This latest incident is reminiscent of the issues that occurred on VIA Rail trains during the 2022 Holiday service disruptions. During the 2022 holiday season (December 21 to 26) a historic extratropical cyclone created crippling winter storm conditions across Canada and the U.S. that affected entire transportation networks. For VIA Rail, the storm triggered unprecedented operational malfunctions that included power outages, track obstructions, a host railway freight derailment, and immobilized/cancelled trains, with passengers stuck on-board for extended periods of time. 
Following the service disruptions of 2022, VIA Rail conducted both internal and external reviews to identify lessons learned and had taken steps to improve its incident response protocols and communications for passengers onboard stranded trains. Transport Canada has been actively engaged with VIA Rail as they worked to improve their response measures.