Order Under Section 32.01 and 36 of the Railway Safety Act (MO 25-01)

Whereas, VIA commissioned an independent technical investigation that covered, amongst other items, a review into rescue maneuver procedures involving passenger trains with inoperative brakes;

Whereas, pursuant to section 32.01 of the Railway Safety Act, if the Minister of Transport considers it necessary in the interests of safe railway operations, the Minister may, by order sent to a company, require the company to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order;

Whereas, pursuant to section 36 of the Railway Safety Act, the Minister of Transport may order that a company provide, in the specified form and within the specified period, information or documents that she considers necessary for the purposes of ensuring compliance with the Railway Safety Act and with the regulations, rules, orders, standards and emergency directives made under that Act;

And whereas, pursuant to section 45 of the Railway Safety Act, the Minister of Transport has, in writing, authorized the Director General, Rail Safety and Security to make an order under section 32.01 and 36 of that Act.

Therefore, I, Stephen Scott, Director General, Rail Safety and Security, consider it necessary in the interest of safe railway operations to make this order under section 32.01 and 36 of the Railway Safety Act, requiring VIA to:

  1. Implement the following operational restrictions prior to hauling or moving a passenger train, in revenue service, constructed with a bolted coupler design and that has completely inoperative brakes:
    1. a) the cars shall be confirmed empty of persons, except to the extent the presence of an operating employee is required to control the movement of the train by radio when operating in reverse mode; and
    2. b) Appropriate speed restrictions shall be placed on the train by a qualified person.
  2. Implement the following operational restrictions prior to hauling or moving a passenger train, in revenue service, constructed with a non-bolted coupler design and that has inoperative brakes on the tail end car:
    1. a) The affected car(s) shall be confirmed empty of persons, except to the extent the presence of an operating employee is required to control the movement of the train by radio when operating in reverse mode,
    2. b) Appropriate speed restrictions shall be placed on the train by a qualified person; and
    3. c) The car(s) shall be removed from the train or repositioned in the train at the first location where it is possible to do so.
  3. Whenever a train is out of service for reasons other than scheduled maintenance, all work performed must be inspected by a qualified individual who did not carry out the work, prior to returning the equipment to service.
  4. Develop and communicate instructions on the requirements outlined in items 1 to 3 above and confirm receipt and acknowledgement by all affected employees no later than August 31, 2025.
  5. Update all relevant company procedures, work instructions, and other applicable documents to incorporate the requirements outlined in Items 1 to 3 above and file all revised documents with Transport Canada by no later than August 31, 2025.

The information required under this order shall be sent electronically to TC.RailSafety-Securiteferroviaire.TC@tc.gc.ca. A paper copy may also be mailed to the following address:

Rail Safety and Security Directorate
Transport Canada
427 Laurier Avenue, 14th Floor,
Ottawa, Ontario
K1A 0N5

For the purpose of this order,

“inoperative brake” means primary brake that, for any reason, no longer applies as intended or is otherwise ineffective.

This Order takes effect on July 24, 2025, and will remain in effect until it is revoked by the Minister of Transport.
Pursuant to subsection 32.1(1) of the Railway Safety Act, a company to which an order is sent under section 32.01 of the Railway Safety Act may, on or before the date specified in the order, file a request for a review of the order with the Transportation Appeal Tribunal of Canada (the 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 22, 2025.

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

Director General, Rail Safety and Security

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