Notices and Orders

Condition or Hazard observed:

Continually leaving a train standing in a manner that obstructed a public crossing created a situation where a pedestrian took a risk by crossing between stopped railcars, which can reasonably be expected to lead to a person being injured.

CP was ordered to: ensure the train with lead locomotive CP 8200 does not move until CP has physically verified that it is clear of pedestrians.

Condition or Hazard observed:

By leaving train 309-498 on a grade, in emergency and unsecured, as per regulatory requirements, train 309-498 could have moved uncontrolled.

CP was ordered to:

Equipment left on main track, subdivision track, siding or high risk locations without:

• at least one qualified employee physically on the controlling locomotive, and;
• the controlling locomotive coupled to the equipment and the air source cut in

must be considered unattended in the application of Canadian Railway Operating Rules 112 regardless of employee proximity.

Condition or Hazard observed:

The continued failure to adequately control movements operated by employees working within the Greater Edmonton Terminal, has resulted in seven (7) collisions since January 20, 2019.  This creates an immediate threat to safe railway operations where the risk of recurring collisions could cause harm to the employees and cause damage to the environment or property.

CN was ordered to:

not operate any movement on non-main track within the Greater Edmonton Terminal, which includes Walker Yard, Bissell Yard, Clover Bar Yard and Scotford Yard, unless such movements operate under the following conditions:  

• Restrict to a maximum speed of 10 mph;
• Restrict to a maximum coupling speed of 2 mph;
• Operate at a speed that will allow stopping within 1/3 the range of vision of equipment;
• Report any incident directly to Transport Canada within 24 hours of the occurrence taking place; and
• Have at least one on-Job-Trainer, who has been qualified under CN's On the Job Trainer Training Program, positioned at all times in Walker Yard, Bissell Yard and Clover Bar Yard to provide coaching and mentoring to all assignments.

Condition or Hazard observed:

The lack of sufficient safeguards during switching practices at the east end of Alyth classification yard created an immediate threat to safe railways operations where the risk of cars rolling uncontrolled could have caused harm to employees and damage to the environment or property.

CP was ordered to:

Not conduct switching operations from the west end of Alyth classification yard until sufficient safeguards were put in place to ensure that switching operations at this location are safe.

The corrective measures taken by CP were deemed satisfactory to mitigate the immediate threat to safety.

Condition or Hazard observed:

The road approaches to this crossing have stop signs installed on the railway signage which are located three (3) meters from the field side of the rail line. The sightlines from the stopped position are insufficient for road users to assess if an oncoming train is approaching and therefore, safely decide to cross the tracks. The recently installed signal bungalow restricts the sightlines in the northeast quadrant for the stopped vehicles to the point the drivers may not be able to see westbound train traffic. The absence of sightlines further creates a situation where vehicle operators stopped at the crossing may advance over the tracks and not have the reaction time to stop before a collision occurs.

CN was ordered to:

Until full sightlines are provided in the northeast quadrant of the grade crossing, limit the speed at Mile 136.98 to ten (10) miles per hour until the crossing is fully occupied.

Condition or Hazard observed:

The continued failure to adequately control movements operated by employees working within the Greater Edmonton Terminal has resulted in four (4) collisions since October 30, 2017. Despite extensive lists of remedial actions, enhanced coaching, on the job training and educational Operating Notices intended to stop the trend, collision have continued to occur.

CN was ordered to:

Not operate any movement on non-main track within the Greater Edmonton Terminal, unless such movements are operated under the following conditions:

• restricted to a maximum speed of 10 mph;
• restricted to a maximum coupling speed of 2 mph;
• operate at a speed that will allow stopping within one-third the range of vision of equipment.

Condition or hazard observed:

The continued failure to adequately control movements within Symington yard has resulted in an unacceptable rate of collisions over the past year.

CN shall not operate any yard movement within Symington yard unless such movements are operated under the following conditions:

• Restricted to a maximum speed of 10 mph;
• Operate at a speed that will allow stopping within one-third the range of vision of equipment.

Condition or hazard observed:

28 cracked or broken 85 lb. splice bars were observed in 2.25 miles of walking inspections of random portions of the Carberry Subdivision between the miles of 13.0 and 39.7.

Trains are operating on these portions of the Carberry Subdivision in excess of the allowable speed limits for the conditions of the track.

Canadian National Railway Company 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
• 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:

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:

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:

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.