Notices and Orders

Condition or Hazard observed:

The failure to implement reliable physical means to prevent pedestrians from unlawfully accessing the railway property creates a situation where a person could be injured or cause a derailment, resulting in damages to the environment or property.

CN was ordered to: within the limits of Mile 124.6 and Mile 125.17 on the Springhill Subdivision

1. Repair, or ensure repairs are carried out, and where needed, install new fencing to maintain the condition of the fence within 72 hours, and have responsible personnel present until all repairs are completed or new fencing can be installed.
2. Inspect the fence on both sides of the right-of-way twice weekly, not to exceed three consecutive calendar days without an inspection, to maintain, identify any breaches and carry out repairs.
3. Keep records of all inspections, repairs and/or installations made to the fence by logging the time, date, location and details of the inspections, repairs and/or fence installations.
4. Install fencing by Friday October 28, 2022, along the railway’s property on the South East corner where no fencing currently exists, up to the Main Street Overpass.
5. Issue a General Bulletin Order that applies to all movements to:
   • operate not exceeding 15 Miles per hour (MPH) with the added requirement to have a member of the operating crew posted on the leading piece of equipment in a position to observe trespassers and provide instructions to stop, as necessary; and
   • not operate within these limits unless the locomotive bell is activated.

On October 27, 2022, CN orders #1 and 2 were altered to:

1. Repair, or ensure repairs are carried out, and where needed, install new fencing to maintain the condition of the fence within 72 hours.
2. Inspect the fence on both sides of the right-of-way twice weekly, not to exceed three consecutive calendar days without an inspection, to identify and repair any breaches prior to the next inspection.

VIA Rail was ordered to: within the limits of Mile 124.6 and Mile 125.17 on the Springhill Subdivision

• Lock all gates and doors in the fencing providing access along its platform when not in use by VIA employees or contractors.
• Have responsible personnel present at the VIA station in a position to observe and deter any trespassers upon arrival and departure of trains during scheduled stops.

The City of Moncton was ordered to:

Have security or peace officers present onsite on the North and South side of the right-of-way one (1) hour before and after each event taking place at the Avenir Centre to ensure that no person is accessing the right-of-way or breaching the fencing along the railway’s right-of-way to traverse the railway tracks.