Notices and Orders

Condition or Hazard observed:

Failure to identify installation or design deficiencies while commissioning locations, and placing such locations in revenue service, could result in a signal system failure leading to a less restrictive signal than the condition warrants whereby a person can be injured, or damage can be caused to the environment or property.

CP was ordered to: between Miles 2 and 5 inclusively, on the Vaudreuil Subdivision

• operate all movements at restricted speed.
• complete a full set of commissioning tests as per company procedure under the responsibility of a professional engineer, to ensure that no wiring or component issues are present.

• reaffirm the design of all locations by a professional engineer.

Alteration # 4 of the Order, issued on December 18, 2022, removed speed restrictions and CP was ordered to, between Signals 21, 29, 33 and 50, on all tracks, on the Vaudreuil Subdivision:

• reaffirm the design of all locations by a professional engineer and provide a signed and sealed certificate attesting the compliance as per industry standards and best practices by February 24, 2023

Provide a list of any anomalies and/or changes that were applied following the commissioning tests and the reaffirmation of the design of all locations by February 24, 2023

Condition or Hazard observed:

By not implementing reliable physical means to prevent pedestrians from unlawfully accessing the railway property, and not considering the known trespassing activity to protect against train movements, a person could be injured.

The City of Montreal was ordered to:

• inspect the fence, along the multiuse path between the limits of Saint-Denis and Clark Streets, every week under the city's responsibility, not to exceed 9 consecutive calendar days without an inspection, to identify any breaches,
• carry out repairs to the fence within 48 hours of having identified any breaches, and
• keep records of all inspections and repairs made to the fence by logging the time, date, location and details of repairs in a registry for the period this Order is in effect.

CP was ordered to, within the limits of Saint-Denis (mile 4.7) and Clark streets (mile 5.3):

• operate at « Restricted speed » with the added requirement to “be on lookout” for trespassers on the railway right-of-way,
• not operate any railway equipment within these limits, unless it always has a leading locomotive with the headlight at full power in the direction of travel,
• between sunrise and sunset, as per weather.gc.ca, not operate any railway equipment within these limits, unless the locomotive bell is activated,
• inspect the fence under CP's responsibility every week, not to exceed 9 consecutive calendar days without an inspection, to identify any breaches,
• carry out repairs to the fence within 48 hours of having identified any breaches, and
• keep records of all inspections and repairs made to the fence by logging the time, date, location and details of repairs in a registry for the period this Order is in effect.

Condition or Hazard observed:

1. The increased number of defective rails year over year, found both ultrasonically and visually, indicates a deteriorating situation and an increased risk of derailment due to a broken rail.
2. A combination of defective joint ties and fouled ballast conditions further increase the potential of rail break at a joint.

CMQR was ordered to:

• Increase the number of ultrasonic rail inspections on the Sherbrooke Subdivision between Mile 0 to Mile 125.46 and the result of these inspections to be conveyed to Transport Canada

Condition or Hazard observed:

1. Vegetation and brush restricting the sightlines at many farm, private and passive crossings.
2. Non-compliant tie conditions between mile 213.0 and mile 224.1.
3. A combination of non-compliant geometry conditions at mile 201.4.
4. Sightlines restricted by vegetation growth on the south west quadrant of the private crossing at mile 218.75.

The CSX Transportation Inc. was ordered to:

1. Shall not continue operations at current Class 1 freight train speeds (10 mph) between Miles 213.6 and 214.1 unless detailed turnout inspections have been performed by a qualified track inspector.

Condition or Hazard observed:

1. Vegetation and brush restricting the sightlines at many farm, private and passive crossings.
2. Non-compliant tie conditions between mile 213.0 and mile 224.
3. A combination of non-compliant geometry conditions at mile 201.4.
4. Sightlines restricted by vegetation growth on the south west quadrant of the private crossing at mile 218.75.

The CSX Transportation Inc. was ordered to:

1. Not allow train or equipment movements to operate at speeds exceeding 10 mph until vegetation and brush is cut between Miles 183.2 to 189.3, Miles 190.1 to 190.8, Miles 194.8 to 196.7, Miles 197.7 to 199.2, Miles 200.7 to 206.0 and Miles 2016.8 to 207.8.
2. Not allow train or equipment movements to operate between Miles 213.6 and 244.1 unless track inspection frequencies are increased to 3 times per week and performed by a certified track inspector.
3. Shall not continue operations at current Class 1 freight train speeds (10 mph) between Miles 213.6 and 224.1 unless a walking inspection has been performed by a qualified track inspector.
4. Shall not continue operations at current Class 1 freight train speeds (10 mph) between Miles 213.6 and 214.1 unless detailed turnout inspections have been performed by a qualified track inspector.
5. Shall not allow train or equipment movements to operate at Miles 222.75 unless daily track inspections are performed until such time as a sufficient number of non-defective ties and joint ties have been installed.
6. Shall not allow northbound trains or equipment movements to operate at Miles 218.75 except under the provisions of "Stop and Proceed" instructions.

Condition or Hazard observed:

CP's kicking activities could have created a situation of unintended movement of cars that are a threat to other railway activities being conducted at this location. There was a threat of collision with other movement or track units that could have reasonably been expected to cause harm to employees, or damage caused to the environment or property. Employees attempting to secure runaway cars were also subject to a threat of injury, in attempting to mitigate the consequences of these events.

The Canadian Pacific Railway is ordered to:

In CP's St-Luc Departure Yard

• Not allow the kicking of cars unless a physical defense is in place to stop the motion of any runaway cars from occupying other lead.
• Not allow the kicking of cars when another movement or track unit is present in the lead on which cars are being released on.

Condition or Hazard observed:

CP's current practices associated with the use of skates in kicking cars create an immediate threat to safe railway operations, as the risk of cars rolling uncontrolled was high and could have, as a result, caused harm to employees or members of the public and caused damage to the environment or property.

The Canadian Pacific Railway was ordered to:

In CP St-Luc yard:

• Not use track skates as a means to stop the motion of cars that have been kicked.
• Secure with handbrakes any cars intended to receive cars cut in motion.
• Ensure that the crew or qualified employee, involved in the switching operations, visually verify the presence of equipment before cars are cut in motion.

CP filed a request for review at the Transportation Appeal Tribunal of Canada (TATC) on September 23, 2016.

Hearing was held on December 15, 2016 and continued on January 18 and 19, 2017.

The TATC rendered its decision and referred the matter to the Minister for review.

The Minister confirmed the Order on December 19, 2018. The Order remains in effect until CP has provided measures to resolve the immediate threat.

Condition or Hazard observed:

Two accidents, between June 30 and July 13, 2016 that were directly attributed to the practice of kicking cars, indicated that the measures in place were insufficient to ensure equipment will not move foul of another track.

The procedures in place related to switching in CN Taschereau yard were not sufficient to prevent uncontrolled movements.

The Canadian National Railway Company was ordered to:

1. Clearly identify locations on each track where the 2 "anchor" cars are to be secured prior to having cars kicked onto them;
2. Monitor and document the travel of the secured "anchor" cars from the identified location prior to the lifting of the cars;
3. Report to Transport Canada, via email, any instance where equipment has moved foul of another track in an uncontrolled fashion; and
4. Not allow kicking of cars in the classification yard if a crew is present at the opposite end, unless positive communications between the crews is established that includes the work to be done and that employees and equipment at the opposite end are in a position that they would not be affected by equipment that would become foul of the lead.

Condition or Hazard observed:

The practice of releasing cars under their own momentum, commonly referred to as "kicking" under the conditions observed during recent operations inspections could have led to uncontrolled and unprotected movements of equipment.

The Canadian Pacific Railway was ordered to:

In S-Luc yard, not allow the practice of "kicking" cars until such time that control measures are put in place to the Railway Safety Inspector's satisfaction so that the activity is performed safely.

Condition or Hazard observed:

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

The Canadian National Railway was ordered to:

Perform a certified car inspection on freight trains departing Senneterre, Québec in the direction of travel going East and that defects found on these trains be reported to the railway safety inspector.

The Order will apply until such time as the railway safety inspector is satisfied that the risk associated with these cars is removed.

Condition or Hazard observed:

Obstacles placed on the individual's property restrict the movement of vehicles, including trucks and emergency vehicles. This means that vehicles on the property could block the grade crossing and might not be able to clear the grade crossing when a train is approaching. This could cause an accident in which a person could be injured or killed and constitutes an immediate threat to safe railway operations.

Order to an individual

The person shall ensure that no obstacle placed on the property restricts the movement of vehicles in such way that a vehicle blocks the grade crossing or is unable to clear the grade crossing when a train is approaching.

Condition or Hazard observed:

The fact that equipment may still be left on track HT4T in Hochelaga Yard in proximity of residences, with the cause of the derailment of October 29, 2015 still to be determined, and the need for remedial measures still to be examined, could lead to another similar derailment, which could lead to a person being injured or damage being caused to the environment or to property.

Order Canadian Pacific Railway:

• CPR shall not leave equipment on track HT4T in CPR Hochelaga Yard until an update of the risk assessment that was previously done on April 30th, 2015, is conducted to mitigate any potential risk on the Outremont Spur, Mile 49.1 of the Adirondack Subdivision.

Condition or Hazard observed:

Controlled locations with dual control switch point derails in service while the integrity of routes is compromised poses an imminent risk of derailment.

Order Canadian Pacific Railway:

• CPR shall instruct all movements approaching dual control switch point derails at Wentworth and Ballantyne, to be prepared to stop, until the crew visually confirms that the route is correctly lined.
• CPR shall not permit the practice of allowing cars to roll under their own momentum (commonly referred to as kicking cars) at St-Luc yard unless dual control switch point derails (when applicable) on the affected tracks are visually confirmed to be lined for the derailing route.

Condition or Hazard observed:

A large number of intruders cross the track, through the 12 holes in the fencing in the Souligny area of the Longue-Pointe Spur, and they could be injured or killed by a train.

Order Canadian National Railway:

• CN shall reintroduce the use of whistles, as stipulated in Rule 14 (L) of the Canadian Rail Operating Rules at the following six grade crossings in the Rue Souligny area of the Longue Pointe Spur:
  • Avenue Georges V (4.98)
  • Avenue Hector (5.08)
  • Boulevard Pierre Bernard (5.58)
  • Rue Des Ormeaux (5.78)
  • Avenue Lebrun (5.94)
  • Rue Honoré Beaugrand (6.39)

Condition or Hazard observed:

In light of the operations carried out, the large number of people who use this bike path and their behaviour around trains stopped on this grade crossing, an immediate threat to safety exists.

Order Canadian National Railway:

• CN shall, at the grade crossing at mile 0.29 of track CL 77 at the Limoilou Yard, prohibit any movement that stops on the grade crossing from starting up again unless the grade crossing is protected on both sides by employees to ensure that the public is protected. These employees must be able to communicate with the train team to prevent the train from moving in case of intrusion.

CN filed for review at the Transportation Appeal Tribunal of Canada on June 18, 2015

TATC hearing held March 23, 2016

TATC rendered its decision on July 12, 2016 and referred the matter to the Minister.

The Minister confirmed the Order on November 3, 2017. The Order remains in effect until CN has provided measures to remove the immediate threat.

Condition or Hazard observed:

When CP Rail closed down its classification yard at St-Luc yard, it moved most of its switching operations southward to what are commonly known as the "Diamond" and "Departure yard" areas.

Switching at the classification yard was protected by derails, which would prevent uncontrolled movement's from occurring. However, when switching operations were moved to the south end of the yard, no derails were installed to protect against uncontrolled movements that could not only foul the main line, but collide with oncoming trains.

Order that Canadian Pacific Railway Company:

Shall cease, the practice of releasing cars on their own momentum a St-Luc Yard where as a result an uncontrolled movement of railway equipment risks occupying the main track, unless such locations are protected by a secondary physical defense.

Condition or Hazard observed:

Substandard crosstie conditions exist with no effective support ties within the prescribed distance from a joint at numerous locations.

Order to Canadian National Railway:

Shall not use the line of track between mile 40.8 and mile 44.6 of the Sorel Subdivision for any train operations otherwise than under the following terms and conditions:

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

Condition or Hazard observed:

Poor crossing sightlines are preventing road users to safely proceed through crossing without in curing the risk of being struck by approaching trains.

Order to Canadian National Railway :

• not allow any train traffic to use the crossings at mile 53.37 of the Drummondville subdivision and at mile 28.19 and 37.19 of the Kingston subdivision unless the train speed is limited to 10MPH.

Condition or Hazard observed:

Several of the timber curbs, several timber posts, and some timber horizontal handrails are severely rotted, affecting the integrity of the guardrail to withstand lateral impact forces and thereby its ability to keep both pedestrians and vehicles safe from falling onto the track below.

Central Maine and Quebec Railway Canada Inc. (hereinafter CMQR) and Municipality of Eastman shall not allow any vehicular traffic to access the Chemin d'Orford-sur-le-Lac overhead bridge located in the Municipality of Eastman and crossing the CMQR Sherbrooke Subdivision at Mile 94.5 otherwise than under the following terms and conditions:

• Maintain the stop signs on both approaches of the bridge until such time as the guardrails on the bridge itself have been repaired and that repairs have been approved by the appropriate road authority, and
• That all roadway signage associated with this structure be approved by the appropriate road authority.

Condition or Hazard observed:

Numerous locations over the line of track between mile 62.0 and mile 125.5 Sherbrooke Subdivision where the standard of maintenance poses a threat to safe railway operations due to track conditions that are not in compliance to the Track Safety Rules, such as:

• insufficient crossties to meet the minimum requirements for a 39 foot rail segment and insufficient ties under rail joints,
• insufficient number of track bolts,
• insufficient number of tie plates for the class of track,
• insufficient longitudinal restraint of the track resulting m significant rail movement,
• rail worn beyond limits,
• defective rails that have been detected by the rail flaw detector are still in track without appropriate remedial action,
• severely battered joints and rails with crushed heads remain in track without protection and with no plan to be changed out,
• insufficient ballast at many locations (no shoulders, empty cribs, low joints),
• deviations in track geometry.

Order to Central Maine and Québec Railway Canada Inc.:

Not use the tracks or allow the use of the tracks between mile 62 and mile 125.5 Sherbrooke Subdivision unless the speed of all trains is restricted to a maximum of ten (10) miles per hour between mile 62.0 and mile 125.5 of the Sherbrooke Subdivision, including the Cautionary Limits at Sherbrooke.

Condition or Hazard observed:

The fact that equipment are left unattended on the CMQR territory, without being properly secured could lead or be a contributing factor into an event where equipment could roll uncontrolled and possibly:

• Collide with passenger trains
• Collide with freight trains handling or not dangerous goods
• Collide with vehicles carrying or not dangerous goods at a private or publiccrossing at grade
• Hit pedestrians at a private or public crossing at grade
• Cause injury to employees or the public and / or damage to the environment or property.

Order to Central Maine and Québec Railway Canada inc.:

• Allow CMQR employees to leave unattended equipment in sidings or main tracks on CMQR property without having been properly secured. This information mustbe confirmed to the Rail Traffic Controller (RTC) from the location of theequipment. This information must include the date, the time, the number of handbrakes applied, their location, the result of the hand brake efficiency test and thename of the employee.

Condition or Hazard observed:

The following conditions were observed during the course of the inspection of the Stanbridge Subdivision:

• Verified locations, as indicated on Track Inspection Report 246-T, where cross level and surface conditions, in excess of 7 inches in combination with numerous defective or non-existent track ties, allow track to move excessively under load.
• Cross level of 6 1/8 inches on tangent track combined with clusters of 9 and 12 consecutive defective ties within a 30 foot proximity of a propane storage facility at mile 11.44 in the town of Bedford.
• Vegetation and other existent conditions in the ballast section that interfere with the track inspector's ability to adequately perform track inspection duties.
• There is a threat that these observed conditions on the Stanbridge Subdivision, which may have contributed to recent derailments on this line, can reasonably be expected to cause additional derailments.

Central Maine and Quebec Railway Canada Inc. shall not operate any train or engine on the Stanbridge Subdivision between mileages 0.0 and 12.4 otherwise than under the following terms and conditions:

1. No train shall be operated on that portion ofthe Stanbridge Subdivision until such time as CMQR ensures that a professional Engineer, qualified in the Track Safety Rules personally inspects the Stanbridge Subdivision and reports to this office:
   • a) That the inspection has been completed;
   • b) The directions under which the train can be safely operated.
2. All rail movements subsequent to item #1 will be in accordance with the directions provided in the report referred to in item #1.
3. Within 14 days of the inspection referred to in item #1, CMQR will ensure that the professional Engineer who has inspected the track provides Transport Canada with a report that lists all conditions observed that could compromise safe railway operations and the remedial action taken to appropriately address each of those conditions.
4. Within 30 days of the inspection referred to in item #1, CMQR will provide Transport Canada with CMQR's action plan to correct the supervision and support of track maintenance activities, in accordance with sound engineering principals, to ensure safe railway operations.

Condition or Hazard observed:

The following conditions were observed during the course of Transport Canada's inspection of the Moosehead Subdivision;

• Public and private crossings with flangeways obstructed with mud and gravel.
• Sightlines of several private and farm crossings obstructed as previously noted in defect report 245-T.
• Rust on rail surface that may compromise the integrity of the circuits of grade crossing warning systems.
• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rails worn beyond acceptable rail wear limits.

Central Maine and Quebec Railway Canada Inc. (CMQR) shall not operate or allow any train or engine on the Moosehead Subdivision between mileages 101.8 and 117.0 otherwise than under the following terms and conditions:

1. That all flangeways of public and private crossings be inspected and cleared of any obstructions that may interfere with the safe passage of trains.
2. That the first 2 trains (engine with a minimum of 3 cars) to travel over the above noted track after the issuance of this order, operate under the restriction of a "stop and protect" order at all crossings protected with grade crossing warning systems due to "rusty rail" conditions.
3. After item 2 has been satisfied, CMQR is to ensure that each crossing warning system is operating as intended.
4. That sightlines be cleared at private and farm crossings obstructed by vegetation as noted in previously submitted defect report 245-T or protected with a "stop and protect" order.
5. That the curves encompassing mile posts 104.14, 106.11, 107.44, 110.27, 116.12 and 116.97 on the Moosehead Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. The results of these inspections are to be forwarded to Transport Canada on the first day of each month.
6. That the speed of all trains be reduced to 10 mph until such time as excessively worn rails referred to in item 5 above are replaced.
7. That RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 5 above have been replaced.
8. That visually observed rail defects at mile 106.5 (field side VSH I shear break) and mile 110.6 (broken base I field weld on tie plate) have the speed reduced to 10 mph for all trains until such time as they are replaced.
9. That all applicable requirements under the Railway Safety Act, and it's rules and regulations be complied with.

Condition or Hazard observed:

The following conditions were observed during the course of the inspection on October l0th 2013 and supplemented with RFD testing completed between October 17th and 23rd 2013 on the Sherbrooke Subdivision;

• Public and private crossings with flangeways obstructed with mud and gravel.
• Sightlines of several private and farm crossings obstructed as previou-sly noted in defect report 248-T.
• Rust on rail surface that may compromise the integrity of the circuits of grade crossing warning systems.
• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rail worn beyond acceptable rail wear limits.
• Numerous Rail Flaw Detected (RFD) rail defects which, if not replaced, will require visual or ultrasonic re-inspection after 30 days from initial detection. With 94% of those rail defects within rail joints having extensive rail end batter, marginal track tie and surface support combined with additional thermal stresses exerted with the colder temperatures, it can be reasonably be expected that the progression of these defects will continue to the point of failure if not adequately protected and monitored.

Central Maine and Quebec Railway Canada Inc (CMQR), shall not operate or allow any train or engine on the Sherbrooke Subdivision between mileages 1.0 and 66.0 otherwise than under the following terms and conditions:

1. That all flangeways of public and private crossings be inspected and cleared of any obstructions that may interfere with the safe passage of trains.
2. That the first 2 trains (1 engine with a minimum of 3 cars) to travel over the above noted track, after the issuance of this order, operate under the restriction of a "stop and protect" order at all crossings protected with grade crossing warning systems due to "rusty rail" conditions. Further to this condition, CMQR is to ensure that each crossing warning system is operating as intended.
3. That sightlines be cleared at private and farm crossings obstructed by vegetation as noted in defect report 264-T and previously submitted defect report 248-T or protected with a "stop and protect" order.
4. That the curves encompassing mile posts 10.49, 19.05, 22.17, 22.38, 22.83, 27.58, 34.60 and 35.35 on the Sherbrooke Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. The results of these inspections are to be forwarded to Transport Canada on the first day of each month.
5. That the speed of all trains be reduced to 10 mph until such time as excessively worn rails referred to in item 4 above are replaced.
6. That RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 4 above are replaced. In addition, that all current RFD detected rail joint defects be removed and that the speed of all trains not exceed 10 mph until these defects are removed or re-inspected as per the Track Safety Rules (within 30 days of each inspection).
7. That visually observed rail defects referred to in report 264-T at mile 56.14 (2 defects) and mile 59.55 (2 defects) have the speed reduced to 10 mph for all trains until such time as they are replaced.
8. That all applicable requirements under the Railway Safety Act, and its rules and regulations be complied with.

The following conditions were observed during the course of our inspection of the Sherbrooke Subdivision;

• Visually observed rail defects, field side VSH's (vertical split head) on heavily corrugated rail surfaces.
• Rails worn beyond acceptable rail wear limits.
• Numerous Rail Flaw Detected (RFD) rail defects which, if not replaced, will require visual or ultrasonic re-inspection after 30 days from initial detection. With 94% of those rail defects in joints with extensive rail end batter, marginal track tie and surface support combined with additional thermal stresses exerted with the colder temperatures, it can reasonably be expected that the progression of these defects will continue to the point of failure if not adequately protected and monitored.

Central Maine and Quebec Railway Canada Inc (CMQR), shall not operate or allow any train or engine on the Sherbrooke Subdivision between Lennoxville (M. 65.5) and Brookport (M.125.6) otherwise than under the following terms and conditions:

1. That the following curves encompassing mile posts 65.95, 66.05, 68.32, 75.73, 77.86, 86.16, 88.65, 88.93, 89.95, 91.58, 93.0, 93.4, 95.05, 96.4, 97.4, 98.49, 99.22, 100.92, 102.27, 102.52, 103.61, 103.97, and 113.4 on the Sherbrooke Subdivision having rails that are excessively worn beyond acceptable rail wear limits be visually inspected 3 times per week in addition to a walking inspection twice monthly. That the speed of all trains be reduced to 10 mph until such time as they are replaced. The results of these inspections are to be forwarded to Transport Canada on the first of each month.
2. That the speed of all trains be reduced to 10 mph until such time as the excessively worn rails referred to in item 1 above are replaced.
3. That train speeds are reduced to 10 mph at locations of visually observed rail defects at mile 93.48, 100.27, 102.58 (field side VSH I shear break) and mile 100.92 (gauge side lip cracking out), or that CMQR comply with the conditions outlined in item 1 at these locations: or the rails at these locations are replaced.
4. RFD testing be increased to twice annually until such time as rails exceeding or approaching wear limits identified in item 1 above are replaced. In addition, that all current RFD detected rail joint defects be removed and that the speed of all trains not exceed 10 mph until these defects are removed or re-inspected as per the Track Safety Rules (within 30 days of each inspection).
5. That all applicable requirements under the Railway Safety Act, and it's rules and regulations be complied with.