Order Under Section 32.01 of the Railway Safety Act (MO 23-01)

Whereas, pursuant to section 32.01 of the Railway Safety Act, if the Minister 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;

And whereas, Ministerial Order 22-06 (MO 22-06), issued pursuant to section 32.01 of the Railway Safety Act, included requirements for VIA Rail Canada Inc. (VIA) to undertake operational measures and additional analysis to mitigate the safety concern associated with its Head-end Power (HEP) cars.

And whereas, VIA has since conducted a series of simulations, testing, and inspections which concluded that the cars showed no additional deficiencies, and the cars are still compliant with structural design standards for crashworthiness.

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

Therefore, I, Stephen Scott, Director General, Rail Safety, consider it necessary in the interest of safe railway operations to make this order under section 32.01 of the Railway Safety Act repealing Ministerial Order 22-06 effective 23:59:59 Eastern daylight time on May 17, 2023.

Director General, Rail Safety