Order Pursuant to Section 32.01 of The Railway Safety Act (MO 21-05)

427 Laurier Avenue West
Enterprise Building, 14^th floor
Ottawa, Ontario
K1A 0N5

July 9, 2021

Dear Sir / Madam:

Please find enclosed Ministerial Order 21-05 (MO 21-05) issued pursuant to section 32.01 of the Railway Safety Act (RSA), in the interest of safe railway operations and to protect public safety for the temporary return of residents to their homes in Lytton, British Columbia.

If you intend to initiate a review of the Order, you must file a request in writing with the Transportation Appeal Tribunal of Canada (Tribunal), no later than August 9, 2021.

The Tribunal has prepared a Guide for Applicants that you may obtain from the Tribunal's Registrar at addresses listed below or by visiting the website https://www.tatc.gc.ca/.

Applications may be sent by mail, facsimile, electronic mail or delivered in person to the Transportation Appeal Tribunal Registry at the following address:

Transportation Appeal Tribunal of Canada
344 Slater Street
15^th Floor, Suite 200
Ottawa, ON K1A 0C2
Tel. No.: 613-990-6906
Fax No.: 613-990-9153
E-mail: Registry-Greffe@tatc.gc.ca

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2.(3) of the RSA.

Should you have any questions, please contact Sean Rogers, Director, Regulatory Affairs at 613-298-5597 or sean.rogers@tc.gc.ca. Alternatively, if you would like to discuss technical aspects of this issue, please contact Ms. Stephanie Lines, Director, Operations Management at 613-990-7745 or stephanie.lines@tc.gc.ca.

Thank you for your cooperation.

Sincerely,

Michael DeJong
Director General
Rail Safety

c.c.:

Enclosure: Ministerial Order 21-05

MO 21-05
TRANSPORT CANADA
ORDER PURSUANT TO SECTION 32.01 OF THE RAILWAY SAFETY ACT,
R.S., 1985, C. 32 (4^th SUPP.)

Section 32.01 of the Railway Safety Act (RSA) provides the Minister of Transport with the authority to order a company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified the order, including constructing, altering, operating or maintaining a railway work.

Whereas the residents of Lytton First Nation and Lytton, British Columbia are currently under evacuation orders and have been allowed to temporarily return to their homes and inspect their properties on July 9^th, 2021.

Whereas Canadian National Railway Company's (CN) and Canadian Pacific Railway Company's (CP) both operate railway lines in the area.

Whereas safe railway operations around the period of time allowed for the temporary return and inspection must have regard for the safety of persons and property.

Therefore, I find it necessary in the interests of safe railway operations to make this order, under section 32.01 of the RSA, requiring:

CN to cease all operations except for emergency fire response and maintenance and repair work on its Ashcroft subdivision between Kamloops and Boston Bar, British Columbia; and 

CP to cease all operations except for emergency fire response and maintenance and repair work on its Thompson Subdivision between Kamloops and Boston Bar, British Columbia.

Notwithstanding the above, trains located on these portions of the Ashcroft and Thompson subdivisions at 12:01 AM PDT are permitted to traverse the subdivisions for the purposes of exiting.

This Order takes effects at 12:01 AM PDT on July 9, 2021, for a period of 48 hours unless revoked earlier in writing.

Pursuant to subsection 32.1(1) of the RSA, a person to whom an order is sent under section 32.01 of the RSA may, on the date specified in the order, file a request for a review with the Transportation Appeal Tribunal of Canada (Tribunal).

If you intend to request a review of this Order, you must file a request in writing with the Tribunal, which must be postmarked no later than August 9, 2021.

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister of Transport under subsection 32.1(5) or 32.2.(3) of the RSA.