TRAIN DERAILMENT - FIELD, BRITISH COLUMBIA

LOCATION: FIELD, BRITISH COLUMBIA (Mile 5.5 of the Mountain Subdivision)

ISSUE: A CANADIAN PACIFIC UNIT GRAIN TRAIN DERAILED NEAR FIELD, BRITISH COLUMBIA.

DATE: JANUARY 26, 2021

SUGGESTED RESPONSES

• Safety is my top priority. Consistent with this priority, Transport Canada is committed to protecting all Canadians who live and work along rail lines by putting in place the necessary measures to reduce the risk of serious accidents.
• Transport Canada will review the accident involving a train derailment near Field, British Columbia on January 26, 2021, and will take all necessary actions to protect public safety.
• The department has recently taken steps to reduce the risks of derailment and strengthen rail safety, including:
• Improved oversight measures, such as increasing the number of inspectors who verify compliance with safety requirements; and
• Lower operating speeds in metropolitan areas for trains carrying crude oil and liquefied petroleum gas.
• Following the previous derailment near Field, British Columbia in February 2019, Transport Canada immediately issued a Ministerial Order to mandate the use of handbrakes when a train is stopped on a steep grades. The department has since made these measures permanent by incorporating them into the Canadian Rail Operating Rules.
• The department is continuously looking for ways to make our railway system even safer for Canadians. In particular, Transport Canada conducts more than 35,000 safety inspections each year to verify compliance with regulatory requirements under the Railway Safety Act.

If pressed on the February 2019 derailment near Field, British Columbia:

• Transport Canada recently completed its occupational health and safety investigation into this accident. The department has shared its findings with Canadian Pacific, as required by the Canada Labour Code, including direction to implement corrective measures to prevent similar tragic incidents going forward.
• In keeping with my commitment to strengthening rail safety in Canada, my department will monitor the next steps taken by rail companies to improve the safety of Canadians who live and work along rail lines.
• The RCMP has also launched an investigation into the derailment. Any questions regarding this investigation should be directed to the RCMP.

Background information

• At 03:36 ET, on January 26, 2021, a derailment occurred at mile point 5.5 of the Mountain subdivision near Field, British Columbia. The derailment involved a Canadian Pacific unit grain train, which had two head-end locomotives and one mid-train locomotive. The mid-train locomotive and approximately 32 cars derailed as they descended a mountain grade (1.2% - heavy grade), west of Field, British Columbia.
• The speed limit was 30 miles per hour (mph) and the train was travelling westward at 28-29 mph at the time of the derailment. There are no indications the crew was having difficulty controlling the speed of the train. There were no injuries or dangerous good involved.
• The Transportation Safety Board did not deploy an investigator to the site.
• This derailment may receive media attention, given that it occurred in the vicinity of a February 2019 derailment, involving three fatalities.

Previous derailment near Field, British Columbia (February 2019)

• On February 4, 2019, Canadian Pacific (CP) train 301 derailed 99 cars and two locomotives between the Upper and the Lower Spiral Tunnel at Mile 130.6 of the Laggan Subdivision, near Field, British Columbia. The unit grain train composed of 112 covered hopper cars and three locomotives, was proceeding westward to Vancouver when 99 cars and two locomotives derailed. The train crew consisted of a locomotive engineer, a conductor and a conductor trainee. The three crew members were fatally injured in the derailment.

Occupational Health and Safety

• TC is responsible for the administration and enforcement of Part II of the Canada Labour Code (Code) and its pursuant regulations by the Minister of Labour for employees working on board trains. On behalf of ESDC, TC has a statutory requirement to conduct occupational health and safety (OHS) investigations into workplace accidents that have resulted in the death of employees working on board trains.
• TC conducted an investigation under Part II of the Code into the three employee deaths that occurred when the train derailed. In relation to this investigation, a Direction was issued to CP on September 23, 2020, for violating certain provisions under Part II of the Code. The OHS investigation report was recently finalized and was sent to CP and CP’s local workplace health and safety committee on October 9, 2020. A question/answer section has been included below, with additional details on the Direction and investigation.

What is being done to ensure safe rail operations, given the findings of the investigation/direction and the recent derailments?

• Following the accident, Transport Canada issued a Ministerial Order on February 8, 2019 under the Railway Safety Act to all railway companies mandating the use of handbrakes should a train be stopped on steep grades after an emergency use of the air brakes. The department has since made these measures permanent by incorporating them into the Canadian Rail Operating Rules (CROR).
• Taking further action, Transport Canada recently completed its occupational health and safety investigation into this accident. The department has shared its findings with Canadian Pacific, as required by the Canada Labour Code, with the expectation of follow-up measures to prevent similar tragic incidents going forward.

What are the roles and responsibilities for an investigation?

• When a rail accident occurs, the Transportation Safety Board (TSB) has the mandate and ability to conduct a full and independent investigation, unfettered by railway company police. Whether the TSB chooses to investigate an accident or not, Transport Canada regularly conducts inspections in order to determine whether there were any regulatory non-compliances under the Railway Safety Act. If Transport Canada’s rail safety inspectors identify a non-compliance, the department does not hesitate to take action.
• In addition, if a rail accident has resulted in the death of an employee working onboard a train, then Transport Canada inspectors conduct an investigation under Part II of the Canada Labour Code on behalf of the Minister of Labour. The primary purpose of these investigations is to understand the circumstances associated with the accident, prevent recurrence, and undertake compliance activities if appropriate.
• Railway police constables are appointed under Section 44 of the Railway Safety Act by a judge of a superior court for the enforcement of federal or provincial laws for the protection of property owned or administered by a railway company and the safety of the public.
• Railway police constables have jurisdiction on grounds within 500 metres of railway property that the rail company owns, possess or administers. An important role fulfilled by the railway police in Canada involves protection against trespassing on railway property, which they achieve in part through community outreach on the dangers and consequences of trespassing.
• The Royal Canadian Mounted Police (RCMP) and/or the provincial police services also have the ability to investigate any criminal conduct if they have jurisdiction over the area where the accident occurred or where an alleged criminal behavior has occurred. These police services have the discretion and independence to determine when an investigation is warranted, to conduct investigations into alleged criminal conduct, and, depending on the findings, to recommend that criminal prosecution be commenced.
• In this particular case, the RCMP has completed a preliminary review of this derailment, and an RCMP investigation is now underway. The Canadian Pacific Railway police service has been advised of the ongoing investigation.

Progress achieved toward strengthening rail safety: