Notices and Orders

Condition or hazard observed:

The following were observed in 7.8 miles of inspection on the Coronado Subdivision:

• 40 cracked or broken 85 lb. splice bars
• one broken rail
• 26 loose or missing bolts

The following were observed in 7.4 miles of inspection on the Lac la Biche Subdivision:

• 6 cracked or broken 85 lb. splice bars
• one broken rail
• 31 loose or missing bolts.

These conditions are violations of the Canadian Rules Respecting Track Safety.

The above noted hazards and conditions indicate that CN is not undertaking track inspections at such frequency and by such methods as to ensure that the line of track is safe and compliant for operation of trains at the authorized speeds. As a result, trains are operating on portions of the Coronado and Lac La Biche Subdivisions in excess of the allowable speed limits for the conditions of the track.

Canadian National Railway Company shall not operate any train or engine on the Carberry Subdivision between mileages 13.0 and 39.70 otherwise than under the following terms and conditions:

• Designate the identified segments of track as "Excepted Track", or
• Trains and engines shall not operate at speeds greater than 10 miles per hour on areas of track with less than 100 lb rail between the mileages stated until an inspection of all joint bars has been performed and defects repaired, and
• Car loadings shall not exceed 268,000 lbs, and
• Prior to removing the 10 mile per hour speed restriction, CNR shall provide a report of any condition not meeting the TSR found during the above inspections and provide a plan which indicates car loading limits, maximum train speeds and the inspection regime which will be implemented to ensure continuing compliance.

Condition or hazard observed:

Runaway or uncontrolled movement with significant momentum over a relatively long distance down a grade

The factors involved are

1. CN's intent to continue this operation into the foreseeable future,
2. the fact railway equipment movements are subject to pull-aparts and blockage of the trainline at a time and place that is unpredictable,
3. the fact that when these occur without a fully functioning TIBS, a runaway or uncontrolled movement is likely to occur,
4. the fact that an uncontrolled movement occurring on a significant grade builds up momentum so that it is likely to result in severe consequences, such as high speed derailment or collision with equipment or motor vehicle and
5. the fact that these movements sometimes carry dangerous goods, a further factor increasing the severity of the consequences likely to ensure from a high speed collision or derailment.

Order Canadian National Railway:

CN shall not operate an engine with cars between Fort Quappelle Mileage 46.4 and Balcarres Mileage 32.7 on the Quappelle Subdivision without a fully functioning TIBS

Condition or hazard observed:

Unidentified defective plug doors are not being reported to the CN Mechanical Department therefore they are not being repaired prior to returning them in service

CN must ensure that the customer reports all defective plug doors that require wedges, are open, are unsecured or inoperable.

CN Transportation personnel must identify and report any defective plug doors and not remove those cars from the customer site.

CN Transportation personnel must identify and report any defective plug doors and not move those cars from Squamish yard.

Condition or hazard observed:

Substandard track conditions on the Armstrong subdivision between mile 14.4 and mile 53.4 and between mile 62.0 and mile 70.5

• Pockets of defective track ties carrying through rail joints
• Failure to initiate appropriate corrective actions for defects identified on inspection reports

Kelowna Pacific Railway (KPR) shall not:

Use the line of track between mile 14.4 and mile 53.4 and the line of track between mile 62 and mile 70.5 Kelowna Subdivision for any train operations otherwise than under the following terms and conditions:

• Train or engine movements are made at a speed not exceeding 10 miles per hour.

Condition or hazard observed:

Substandard track conditions on the Lumby subdivision between mile 2.0 and mile 13.4

• Pockets of defective track ties carrying through rail joints
• Excessive vegetation fouling track structure obstructing visual inspections
• Failure to initiate appropriate corrective actions for defects identified on inspection reports

Kelowna Pacific Railway (KPR) shall not:

Use the line of track between mile 2.0 and mile 5.0 and the line of track between mile 11.0 and mile 13.4 Lumby Subdivision for any train operations otherwise than under the following terms and conditions:

• Train or engine movements are made at a speed not exceeding 10 miles per hour.

Condition or hazard observed:

Substandard track conditions on the Kelowna subdivision between mile 87.6 and mile 95.9

• Pockets of defective track ties carrying through rail joints
• Failure to initiate appropriate corrective actions for defects identified on inspection reports

Kelowna Pacific Railway (KPR) shall not:

Use the line of track between mile 87.6 and mile 95.9 Kelowna Subdivision for any train operations otherwise than under the following terms and conditions:

• Train or engine movements are made at a speed not exceeding 10 miles per hour.

Condition or hazard observed:

Failure of VIA locomotive engineers to execute instructions restricting the movement of their train, through multiple consecutive General Bulletins Orders, protecting track work and other conditions affecting the movement of trains on the CN Kingston Sub.

VIA Rail and CN shall not between Mile 123-315 of CN Kingston Sub:

1. Allow passenger trains to exceed 65 miles per hour approaching the yellow over red signal of a Rule 42, and through the entire limits of a Rule 42, unless instructions to proceed through the entire limits have been received in writing from the foreman named in the GBO;
2. Permit Rule 42 foremen names in the GBO to require passenger trains to report clear of the working limits of the Rule 42.
3. Permit passenger trains to enter blocks affected by defective automatic warning devices at public crossings at grade until the CN Rail Traffic Controller has confirmed and verified the mileage of the defective crossing to be protected by the VIA locomotive engineers. The passenger train must be within the controlled block prior to the signal at the time of verification and confirmation before a permissive signal can be given to enter the affected block.

Also requested that VIA Rail and CN submit a joint action plan within 14 days to demonstrate how these conditions will be addressed in future to mitigate the circumstances affecting the movement of high speed passenger trains on the Kingston Sub.

Condition or hazard observed:

Operating movements of heavy tonnage and lengths on extreme grades under adverse conditions utilizing mandatory technological process and features, maintaining normal rules compliance all the while training a working member of the crew for a different occupational category without another qualified employee in a position in the lead locomotive to perform the duties of the occupational category that the trainee is supposed to be performing to ensure focus is retained on movement operation and other required tasks.

Canadian Pacific Railway shall not:

Operate movements on the Mountain or Shuswap Subdivisions under the guise of On the Job Training unless the crew of the movement consists of another rules qualified person who will be stationed in the lead locomotive and whose sole responsibility will be the duties normally performed by a crew member of the movement.

Condition or hazard observed:

Excluding track VC 61, no required means of securement of railway equipment at Scotford yard. Railway equipment not being contained within the yard tracks at Scotford Yard. Railway equipment is running uncontrolled and contacting other railway equipment resulting in damage to equipment.

CN Rail shall not:

Leave railway equipment unsecured on tracks VC 62 to VC 75 inclusive, in CN Rail Scotford Yard until sufficient risk mitigation strategies have been put in place to prevent uncontrolled movements.

Condition or hazard observed:

Culverts not being maintained to an acceptable standard. Serious deficiencies regarding drainage.

Canadian National Railway not operate any train or engine movements on the Fort Nelson Subdivision otherwise than under the following terms and conditions:

• A qualified inspector(s) under the responsibility and direction of a Professional Engineer by October 9, 2009 conducts a detailed inspection of all culverts on the Fort Nelson subdivision
• A report of the findings of the above mandated inspections signed by a Professional Engineer is provided to the undersigned on or before October 14, 2009. Such report must at a minimum include:
  • Subdivision mileage.
  • Type of culvert.
  • Size of culvert.
  • Condition of culvert including structural deficiencies, water flow irregularities, ditching requirements and grade or embankment problems.
  • Recommended remedial actions for deviations found.
  • Date by which corrective measures will be taken including any monitoring activities to be undertaken (re-inspection etc) until such as time as repairs are completed.
  • Confirmation from a Professional Engineer that the condition of culverts on the Fort Nelson subdivision allows for the safe passage of trains at the authorized speed.

Condition or hazard observed:

Engineering employees and contractors operating track units, performing track work and working as foremen or sub-foremen without prescribed rules training and rules qualifications.

Kelowna Pacific Railway (KPR) not:

Allow any engineering services employee or contractor to operate any track unit or accept responsibility as a Foreman or Sub-Foreman on any track owned or operated by the Kelowna Pacific Railway (KPR) until all of the following conditions are met:

• A complete list of all engineering employees and contractors employed by or working under contract to the Kelowna Pacific Railway (KPR) as of the date of this Order must be submitted to the undersigned Railway Safety Inspector within two (2) calendar days of the receipt of this Order
• Copies of the current rules qualification card and latest rules training and qualification record for each is submitted to the undersigned Railway Safety Inspector within two (2) calendar days of the receipt of this Order
• Any and all engineering employees or contractors who are not, as of the date of this Order, in possession of a Kelowna Pacific Railway (KPR) Certificate of Rules Qualification must attend a rules seminar to be trained and qualified in the rules applicable to the Kelowna Pacific Railway (KPR)
• Each employee or contractor must attain a pass mark of 85% on a written exam
• A copy of the training seminar criteria must be submitted to the undersigned Railway Safety Inspector prior to the training taking place and must include the name and qualifications of the instructor(s) and examiner(s)
• Seven (7) days advance notice of the training and examination seminar(s) must be forwarded to the undersigned Railway Safety Inspector with the date(s), time(s) and location(s) of said training and examination so that a Railway Safety Inspector may attend
• A list of each employee or contractor attending the training must be provided to the undersigned Railway Safety Inspector outlining each one's qualification standard, whether they passed or failed, the date examined and the actual mark achieved.
• Employees and contractors passing the required examinations must be issued a Kelowna Pacific Railway (KPR) Certificate of Rules Qualification which bears both the signature and printed name of the examiner
• Those employees or contractors who fail to pass the required tests must not be permitted to operate any track unit or accept responsibility as a Foreman or Sub-Foreman until such time as they have achieved a passing mark described above and such is forwarded to the undersigned Railway Safety Inspector
• A copy of this Notice and Order must be posted in a conspicuous location at all the workplaces where employees normally report for duty until this Order is complied with to the satisfaction of the undersigned Railway Safety Inspector.

Condition or hazard observed:

Drainage facility (culvert) not maintained. Roof collapsing under the track and a section pulled apart allowing water infiltration to saturate the grade.

CN not operate over the culvert at Mile 911.58 Fort Nelson Subdivision otherwise than under the following terms and conditions:

• All movements are made at a speed not exceeding 10 miles per hour.

Condition or hazard observed:

Trains left unattended on descending grades without testing the means of securement and without supplementary protection.

Kelowna Pacific Railway (KPR) shall not:

• Allow equipment to be stored on any track where there is a risk of an unintended movement without a sufficient number of handbrakes being applied and tested and another means of protection acceptable to the undersigned Railway Safety Inspector being utilized to ensure that there will be no uncontrollable movement of the equipment.

Condition or hazard observed:

Despite the application of operational safety measures and the presence of a derailing device, unattended equipment was able to enter the main track at Kitchener into non-signaled territory over which passenger and freight trains operate.

Goderich Exeter Railway not use:Non-main tracks between Mile 60.3 to Mile 63.38 Guelph Subdivision (Kitchener) to store or leave unattended equipment unless:

• A supervisor qualified in the Canadian Rail Operating Rules (CROR) inspects the non-main tracks between Mile 60.3 to Mile 63.38 guelph Subdivision to ensure compliance with CROR 112 "securing equipment" and 104.5 "derails": The supervisor must inspect these non-main tracks twice during each eight-hour period and subsequent to switching activities to ensure compliance with the CROR. These inspections are to be documented, providing a record of time, date, rules monitored, results of inspections and railway corrective actions taken to address violations noted, and be made available to the undersigned upon request.
• GEXR is to provide a documented quality assurance program to ensure compliance with rules and company instructions with respect to storing and securing unattended equipment. The program shall include, but not limited to, supervisor/employee training, surveys, and efficiency testing. This documented quality assurance program and its results shall be made available to the undersigned upon request.

Condition or hazard observed:

Trains left unattended at Lynn Creek on a descending grade with no acceptable means of securement.

CN shall not:

• Allow equipment to be left unattended at Neptune Terminals between Mile 2.7 North Shore Industrial Line and the Neptune Coal Dumper in the Lynn Creek yard without a sufficient number of handbrakes being applied and tested or another means of securement acceptable to the undersigned Railway Safety Inspector to ensure that there will be no unintentional movement of the equipment.

Condition or hazard observed:

Many violations to the Track Safety Rules, substandard track inspection practices and numerous track geometry defects not meeting minimum requirements.

HBR not operate any train or engine on the Herchmer Subdivision between Mile 345 and Mile 480 otherwise than under the following terms and conditions: Designate the identified track as 'Excepted Track', or

• Trains must operate under the authority of a Track Supervisor at speeds not exceeding Class I for not more than 30-days unless,
• A Professional Engineer, licensed in Canada and qualified as a Track supervisor under the Track safety Rules, visually inspects the track and confirms that all track conditions not meeting prescribed required requirements are identified and brought into compliance. Subsequent inspections by the Professional Engineer at intervals not to exceed 30 days, or
• Conduct a continuous electronic track geometry inspection to ensure that all track geometry deviations on the track are identified and brought into compliance. Subsequent continuous electronic track geometry inspections at intervals not to exceed 30 days.
• Provide a report of any condition not meeting subdivision timetable speed found during the above mandated inspections and remedial actions taken to Transport Canada in an acceptable format within 10 days of each inspections.

Condition or hazard observed:

Increase in urgent track geometry defects per mile, a substantial increase in bolt hole defects and surface defects.

CN ensure that the track of the Soo Subdivision between Mile 164.20 and Mile 294.10 not be used unless:

• The track is operated at a speed not greater than the maximum allowable operating speed for Class 1 track, between mile 164.20 and 294.10
• The track is inspected within 15 calendar days, and subsequently with no more than 30 calendar days between inspections, by a Professional Engineer taking responsibility in accordance with Section 11 of the RSA
• Transport Canada is provided with copies of these track inspection reports, including all mitigating actions taken, resulting from these inspections within 14 calendar days from completion of each inspection

Condition or hazard observed:

The lack of clear train handling instructions related to switching and descending the grades between Mile 145.0 and Mile 142.0 Kettle Falls Subdivision can lead to operating crews descending this grade with less than adequate air and operative brakes to properly control their movement, resulting in the risk of operating of an uncontrolled movement.

Omnitrax must not allow movements to descend the grade between Miles 145.0 and 142.0 on the Kettle Falls Subdivision unless the following conditions are met:

• that all movements receive the equivalent of a number 1A air test prior to any descent;
• that prior to any descent, a sufficient amount of time is permitted for charging of the equipment to be handled to ensure a safe descent:
• that a calibrated air gauge or Sense and Braking Unit (SBU) is utilized to assist the operating crews; and
• any other means that are available are utilized as required to ensure a safe descent.