Notices and Orders

Condition or Hazard observed:

Due to insufficient vehicular storage space at a grade crossing, larger vehicles stopped at the crossing are at risk of being struck by railway equipment or by oncoming road traffic.

Municipality of Merrickville-Wolford and the United Counties of Leeds and Grenville were ordered to:

• Restrict access to the portion of road approach, which lies over the grade crossing on Kilmarnock Road, including at the intersection of County Road 17 (Jasper road) and the crossing , to vehicles no larger than Medium Single Unit Truck classification (MSU, 10 meter) until  measures are implemented to ensure longer vehicles can be stopped safely at the crossing.

Condition or Hazard observed:

Freight cars held in captive service with mechanical defects were traveling an undetermined distance prior to being inspected.

Trillium Railway was ordered to:

1. Visually inspect all track and provide a copy of the track inspection report to the undersigned by May 30, 2016.
2. Until (a) is completed to the satisfaction of the undersigned, not operate any equipment at a speed greater than the maximum allowable operating speed for Class 1 track;

Condition or Hazard observed:

Trains blocking the public crossing at Mi.8.8 of the CN Halton Subdivision at Goreway Drive in Brampton Ontario, for an extended period of time, and the railway's unwillingness to immediately rectify the issue will create uncertainty for pedestrians and vehicular traffic. This situation is resulting in dangerous driver behaviour being taken at the crossing and could also delay the passage of emergency vehicles through the crossing in an emergency situation which could reasonably be expected to lead to a person being injured or made to be ill.

The Canadian National Railway was ordered to:

1. Ensure that all trains arriving at Brampton Intermodal Terminal are provided a clear route with all switches directly lined into their yard track, allowing for trains to pull continuously until the crossing is clear.

CN Rail to provide to TC on a weekly basis, copies of Event Recorder downloads from the Grade Crossing Warning System at Mi. 8.8, Halton Subdivision (Goreway Drive, Brampton, ON)

CN filed for review at TATC on March 9, 2016

Hearing held June 23, 2016

TATC rendered its decision on December 1, 2016 and referred the matter to the Minister.

Upon review of the Order, the Minister revoked the Order, effective July 7, 2017.

Condition or Hazard observed:

• The inadequate sightlines for the current road and rail speed due to the angle of the intersection of the road and rail at this crossing could be expected to lead to a collision where a vehicle driver, passenger or railway employee is seriously injured or killed or cause damage to property or the environment;

• The horizontal alignment poses a risk to safe passage of vehicles that have a restricted view (e.g gravel trucks, tractor trailers, pickup trucks, cube vans or vehicles used for transporting farming goods and supplies). All of these types of vehicles have one thing in common: they restrict the driver to viewing an approaching train out the passenger front window only. The signs installed on Fansher road to prohibit heavy trucks and farm machinery exempt some vehicles that could have a restricted view as mentioned above; and

• On November 16, 2015, a fatality occurred at Mile 41.31(Euphemia Line) which had a similar level of safety as Mile 39.19 (Fansher Road). A lack of immediate action could result in a similar crossing incident which could reasonably be expected to lead to a person being injured or made ill or could cause damage to property or the environment.

Order that Canadian Pacific Railway Company:

Not allow railway equipment or movements to occupy the crossing at mile 39.19, Windsor Subdivision (Fansher Road, Dawn-Euphemia, ON) unless:

• The train speed is limited to 10MPH until the crossing is fully occupied

OR, if operationally more feasible at current track speeds;

• The crossing is manually protected by a flag person

Condition or Hazard observed:

In the last three (3) months, TC, pursuant to s31 of the Railway Safety Act, has taken two (2) regulatory actions against CP to address the management of defective tie conditions on the CP Belleville and CP Winchester Subdivisions. Despite these other regulatory actions, for similar concerns related to the management of defective tie conditions, CP did not identify and apply remedial action for unsafe tie condition on the Cartier Subdivision.

CP has identified the Cartier Subdivision as a key route. The failure by CP to identify and apply remedial actions for unsafe tie conditions and the operation of the Cartier Subdivision at an operational speed higher than Class 3 track in circumstances where portions of the Cartier Subdivision do not meet the standard for Class 4 track results in unsafe railway operations.

Order Canadian Pacific (CP) Railway:

1. CP shall not operate trains at a speed greater than the maximum allowable operating speed for Class 3 track between mile 108 and mile 83.6 on the Cartier Subdivision until such time as CP provides satisfactory evidence that the track can be safely operated at an operational speed higher than Class 3 track and this item of this Order is rescinded; and
2. Within 15 days from this Order, CP shall develop and provide TC with an action plan addressing the safety conditions related to the management of defective ties on the entire Cartier Subdivision and, within 30 days of this Order, implement and put in place all measure(s) provided for in the action plan developed.

Condition or Hazard observed:

The failure by Essex Terminal Railway (ETR) (ETR) to identify and apply remedial actions for unsafe crossing conditions may result in unsafe railway operations. Operating over unsafe railway crossings could cause a crossing collision, which could lead to a person being injured or damage could be caused to the environment or to property.

Order Essex Terminal Railway (ETR):

• ETR shall provide to Transport Canada, within 15 days of this Order, an action plan addressing the safety conditions at all its public railway grade crossings and that all measures provided for in the action plan be implemented at all of ETR's public railway grade crossings within 30 days from receipt of this Order.

Condition or Hazard observed:

Numerous locations where trains are exceeding the maximum allowable speed limits in areas where there are fewer than the minimum allowable number of non-defective cross-ties per 39 feet.

Order to CN:

• Canadian National Railway shall ensure that the Fort Frances Subdivision between mile 90.1 and mile 142.8 not be used unless:
  1. Trains are operated at a speed not greater than the maximum allowable operating speed for Class 2 track
  2. 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.
  3. 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:

A combination of numerous public complaints and verified crossing malfunctions has led to the questioning of the reliability of the crossing warning systems and to a loss of road user confidence. The reliability of the crossing warning systems has not demonstrated to operate in a consistently safe manner.

VIA Rail shall not:

Allow any passenger or freight trains to operate over the following grade crossings on the Smiths Falls Subdivision:

• Woodroffe Road and Mile 3.28;
• OC Transpo Transit Way and Mile 3.30;

Unless the following conditions are met:

• A flag person must be at each crossing location prior to a train's arrival.
• A train must not occupy the crossing until 2 flag persons, one on each side of the train, are in place to manually protect it from vehicular and pedestrian traffic.
• The flag persons must remain in place until the train has completely cleared the crossing.

Condition or Hazard observed:

A combination of numerous public complaints and verified crossing malfunctions has led to the questioning of the reliability of the crossing warning systems and to a loss of road user confidence. The reliability of the crossing warning systems has not demonstrated to operate in a consistently safe manner.

VIA Rail shall not:

Allow any passenger or freight trains to operate over the following grade crossings on the Smiths Falls Subdivision:

• Woodroffe Road and Mile 3.28;
• OC Transpo Transit Way and Mile 3.30;
• Fallowfield Road and Mile 3.88;
• Greenbank Road and Mile 5.10;
• Jockville Road and Mile 5.73; and
• Strandherd Drive and Mile 6.81.

Unless the following conditions are met:

• A flag person must be at each crossing location prior to a train's arrival.
• A train must not occupy the crossing until 2 flag persons, one on each side of the train, are in place to manually protect it from vehicular and pedestrian traffic.
• The flag persons must remain in place until the train has completely cleared the crossing.

Condition or hazard observed:

The stopping or queuing of vehicles on the Michell Road crossing in the City of Belleville, Ontario, at mile 216.24 Kingston Subdivision CN Rail.

City of Belleville shall:

• Ensure that the Mitchell Road crossing not be used until such time as mitigating measures are put in place to curtail the stopping or queuing of vehicles on the crossing.

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:

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:

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