The authority to prosecute comes from section 41 of the RSA.
A person could be found guilty of an offence and fined for a contravention to the RSA, regulations, rules, engineering standards, orders, emergency directives or railway operating certificates.
Prosecutions are recommended by Transport Canada and pursued by the Public Prosecution Service of Canada who makes the final decision. This decision is based on specific criteria, including if there is enough evidence for the institution or continuation of proceedings and if doing so is in the public’s interest.
Below is a list of prosecutions under the RSA:
| Year | Name of Corporation / Individual | TC Region | Description | Additional Information |
|---|---|---|---|---|
| 2016 | Canadian Pacific Railway Company | Pacific | Charges laid against the Canadian Pacific Railway and two employees for contravention of the Securement of Railway Equipment Emergency Directive. | One employee found guilty and fined $6,000. Company and one employee found not guilty. |
| 2015 | Montreal Maine & Atlantic Co. and individuals | Quebec | Six employees of Montreal Maine & Atlantic Co. pleaded guilty to one count for omitting, after applying hand brakes, to ensure that a sufficient force was present to prevent the equipment from moving, contrary to paragraph 41(2)(d) of the RSA. | Five of the six individuals accused were sentenced to pay a fine of $50,000 each. Another accused was sentenced to a conditional sentence of imprisonment of 6 months. |
| 2010 | Canadian National Railway Company | Pacific |
Canadian National pled guilty to failing to comply with a Notice and Order issued under S.31 of the RSA in 2007 regarding the matter of inaccurate train consists on the Albreda Subdivision. |
Fined - $45,000 |
| 2006 | Individual | PNR | A Canadian National Rail Conductor was founded guilty of violating Canadian Rail Operating Rules (CROR) 103(b) and 103(g). | Conductor found guilty in November 2007 – and fined $3,450 The Alberta Court of Appeal denied the appeal and conviction was upheld in 2008. |
| 2006 | Canadian National Railway Company | Quebec | Canadian National was found guilty of violating a RSA Section 31 Notice and Order for not obeying a slow order issued because of unsafe track conditions. | Convicted and fined - $200,000 |
| 2006 | Canadian National Railway Company | Ontario | Canadian National was found guilty of operating trains on track with unsafe conditions. | Convicted and fined- $248,000 |
| 2005 | Canadian National Railway Company | Pacific | Canadian National pleaded guilty under section 11 of the RSA for “omissions inconsistent with sound engineering principles” in the evaluation of a railway line work – A bridge near McBride collapsed. | Convicted and fined - $75,000 |
| 2002 | Canadian National Railway Company | Ontario / Pacific | Canadian National pleaded guilty in court to violations of a RSA Section 31 Notice and Order relating to incomplete communications about railway track switch positions. | Convicted and fined - $80,000 |
| 1999 | Canadian National Railway Company | Pacific | Canadian National was found guilty of violating a RSA Section 31 Notice and Order prohibiting CN from storing railway equipment on a track without positive protection to prevent uncontrolled movements. | Convicted and fined - $7,500 |
| 1997 | Canadian National Railway Company | Pacific | Canadian National was found guilty of violating a RSA Section 31 Notice and Order restricting rail movement speed over a public crossing at grade to 10mph because of unsafe track conditions. | Convicted and fined - $5,000 |