Railway Administrative Monetary Penalties

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rules 33 and 436 when train X37631 20 failed to operate at restricted speed and collided with EXO Train 1212, thereby violating subsection 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about July 20, 2023, at approximately 2:02 PM, in the vicinity of the Sept-Iles Jct controlled location, Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated a railway otherwise than in accordance with Rule 80(a) of the Canadian Rail Operating Rules applicable to QNS&L, when train MN056S obstructed the main track, governed by the Centralized Traffic Control System Rules (CTC), without authorization, by passing signal 89B displaying the indication STOP (designated in Rule 439) thereby violating Section 17. 2 of the Railway Safety Act.

The penalty amount was paid on July 23, 2024.

On or about June 23, 2023 at approximately 6:04 PM, in the vicinity of the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rules 80(a) when train A40021-23 occupied the freight track between signals 036N1 and 059N1, governed by CTC rules, without authority, thereby violating subsection 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, as the locomotive engineer of train CN X37631 21, after passing a signal indicating Restricted Speed, you failed to comply with the indication by operating the movement at 40 mph and failing to stop within half the range of vision of equipment, namely train EXO 1212 which you collided with, thereby violating rule 436 of the Canadian Rail Operating Rules.

The individual has 30 days to pay the penalty or request a review at the Transportation Appeal Tribunal of Canada.

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, as the conductor of train CN X37631 21, you failed to take immediate action to ensure the safety of the movement, allowing the train to exceed the speed requirements and collide with train EXO 1212, thereby violating rule 33 of the Canadian Rail Operating Rules.

The individual has requested a review at the Transportation Appeal Tribunal of Canada.

On or about May 6, 2023, in Côte Saint-Luc yard in Montreal, Quebec, Canadian Pacific Railway Company failed to comply with an order pursuant to section 31 of the Railway Safety Act issued on August 23, 2016 when its employees failed, during switching operations, to verify the presence of equipment on track DT 28 before cutting in motion (kicking) a railway car.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

1. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation Inc. failed to ensure that a track inspector or track supervisor undertake track inspections by such a method as to ensure the line of track is compliant with the Rules Respecting Track Safety (herein after “the TSRs”) and safe for movements at normal speed, thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $35,250.00

2. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation Inc. operated or maintained a railway otherwise than in accordance with Part II, subpart C, section 6.1 of the TSR, track at mile thereby violating section 17.2 of the Railway Safety Act when the deviation from zero cross level on class 2 tangent track at mile 189.687 was more than two inches.

Administrative Monetary Penalty: $35,250.00

3. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation Inc. operated or maintained a railway otherwise than in accordance with Part II, subpart V, item (c) of the TSR, thereby violating section 17.2 of the Railway Safety Act when over 100 joint bars were found to be cracked or broken between the middle two bolt holes.

Administrative Monetary Penalty: $76,374.00

The penalty amount was paid on May 28, 2024.

On or about August 28, 2023, between 09:10 and 09:30 or thereabouts on the Red Deer Subdivision in the vicinity of Didsbury, in the province of Alberta, the Canadian Pacific Railway Company (CP) operated or maintained a railway otherwise than in accordance with rule 803(a) of the Canadian Rail Operating Rules, thereby violating section 17.2 of the Railway Safety Act, whereby a CP track unit (H18023) occupied a main track at approximately mile 47.66 and mile 47.43 without authorization.

The penalty amount was paid on June 7, 2024.

Between April 1, 2017, and March 19, 2023, RailLink Canada Ltd (operating as Ottawa Valley Railway) failed to, on a continual basis and over the course of two separate audits, conduct analyses of its railway operations to identify safety concerns, including trends, any emerging trends or any repetitive situations, thereby contravening section 13 of the Railway Safety Management System Regulations, 2015 (SOR/2015-26).

The penalty amount was paid on April 10, 2024.

On or about April 13th, 2023, at approximately 2:51 PM (EST) on the Kingston Subdivision, Canadian National Railway Company (CN) operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules, when its employees on M37231-13 (CN 372) failed to stop a movement in advance of signal 694S in or around mile 69 in the vicinity of Cornwall, ON, that was indicating STOP, thereby violating section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about February 22, 2023, between the approximate times of 1000 to 1200 EST at the London Yard located in London, Ontario, CP train 135 conducted switching operations in a manner that obstructed a public grade crossing, specifically grade mile 113.73 of the Galt Subdivision at the west end of the yard located at Adelaide Street, for more than five minutes when vehicular and pedestrian traffic was waiting to cross, thereby violating subsection 97(2) of the Grade Crossing Regulations.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On February 22, 2023, at approximately 9:33 p.m., at the controlled location of Mai on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated railway equipment otherwise than in accordance with Rule 80(a) of the Canadian Rail Operating Rules applicable to QNS&L, when train W039C, governed by the Centralized Traffic Control System Rules (CTC), obstructed the main track without authorization by failing to stop a movement in advance of signal 1283 that was indicating STOP (Rule 439), thereby violating section 17. 2 of the Railway Safety Act.

The penalty amount was paid on March 8, 2024.

In the period between January 18, 2023 and May 19, 2023, or thereabouts, the St. Lawrence & Atlantic Railroad (Québec) Inc., conducting business in Richmond, Quebec in accordance with its operating certificate, failed to conduct analyses of its railway operations based on the minimum criteria’s set out in section 13 of the Railway Safety Management System Regulations, 2015, specifically:

(d) the results of any inspections conducted by the railway company;

(g) any data from safety monitoring technologies;

(i) the findings of any audit reports;

Thereby violating section 13 of the Railway Safety Management System Regulations, 2015.

The penalty amount was paid on February 19, 2024.

On or about January 15, 2023, Canadian Pacific Railway Company, CP yard assignment (CP 6236), failed to secure unattended equipment at the Toronto Yard in accordance with Rule 112(c) of the Canadian Rail Operating Rules, designated as a provision the contravention of which may be proceeded by way of violation thereby contravening section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about November 1st, 2022, through to December 31st, 2022, on the Cartier Subdivision, between approximately Mile 72 and Mile 113, near the City of Sudbury, in the Province of Ontario, the Canadian Pacific Railway Company maintained a railway otherwise than in accordance with Part II, Subpart F, 3, (3.3) of the Rules Respecting Track Safety by operating railway equipment on Turnouts, located on track designated as Class 4, and by failing to perform the designated twice monthly Walking Turnout Inspection frequency, thereby violating Section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

1. On or about January 31, 2023 at approximately 1h01, in the vicinity of the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rule 80(a) when train A40021-30 occupied the Freight track between signals 036N1 and 059N1, governed by CTC rules, without authority, thereby violating subsection 17.2 of the Railway Safety Act.

2. On or about January 31, 2023 at approximately 1h08, in the vicinity the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rule 104.2(b), when the crew of train A40021-30 failed to line dual control switches by hand without being relieved by the RTC to do so, thereby violating subsection 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about December 29, 2022, at approximately 11:36 AM (EST) on the Caramat Subdivision, Canadian National Railway Company (CN) operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules, when its employees on CN Q 10731 28 failed to stop a movement in advance of signal 2341D that was indicating STOP, thereby violating section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.

On or about December 16th, 2022, an individual operated railway equipment Train H55 on a railway otherwise than in accordance with the Rule G (i) of the Canadian Rail Operating Rules, designated as a provision the contravention of which may be proceeded by way of violation thereby contravening subsection 40.13(1) of the Railway Safety Act.

Payment Pending

On or about December 16th, 2022, an individual operated railway equipment Train H55 on a railway otherwise than in accordance with the Rule G (i) of the Canadian Rail Operating Rules, designated as a provision the contravention of which may be proceeded by way of violation thereby contravening subsection 40.13(1) of the Railway Safety Act.

The individual has 30 days to request a review at the Transportation Appeal Tribunal of Canada

On or before August 23rd, 2023, or thereabouts, at or near the Kettle Falls Subdivision (the “Canadian railway”) between Waneta, British Columbia (B.C.) and Columbia Gardens, B.C., St. Paul & Pacific Northwest Railroad Company, LLC (“the railway company”) failed to ensure that persons, other than employees of the railway company, who were authorized by the railway company to access the Canadian railway and whose activities may affect the safety of railway operations, had knowledge of the requirements of the instruments referred to in paragraph 10 (1)(c) of the Railway Safety Management System Regulations, 2015 that the persons needed to know to carry out their activities safely before they accessed the railway track, thereby contravening section 26 of the Railway Safety Management System Regulations, 2015.

Specifically, St. Paul & Pacific Northwest Railroad Company, LLC failed to ensure that workers of its track maintenance contractor, Lakeside Contracting Ltd. (LCL) (the “LCL workers”), accessing the railway company’s Canadian railway were knowledgeable respecting the requirements of the Rules Respecting Track Safety which were approved or established by the Minister under section 19 of the Railway Safety Act that apply to the railway company and which LCL workers needed to know to carry out their activities safely before they accessed the railway track.

The company has requested a review at the Transportation Appeal Tribunal of Canada

On December 16th, 2022, a Canadian Pacific Railway Company (CP) assignment was switching at Levack mile 102.5 on the Cartier subdivision which led to the failure of securing 28 rail cars, resulting in these cars rolling uncontrolled onto the Levack spur, which led to the determination of pursuing an AMP in the amount of $56,666.67 for contravention of CROR 112(b) thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on March 12, 2024

On or about March 8th, 2023, at various times between approximately 13:20 and 13:54, on the Roberval Subdivision, in the vicinity of St-Félicien, Quebec, the Canadian National Railway Company left railway equipment standing at the mile 30.93 Sacré-Coeur Boulevard grade crossing or thereabouts, in a manner that caused the activation of the warning system, other than for the purpose of crossing that grade crossing, thereby violating subsection 97(1) of the Grade Crossings Regulations.

The company has requested a review at the Transportation Appeal Tribunal of Canada

On January 13, 2023, at approximately 5:36 p.m., near Repentigny, Quebec, on the CN Mascouche Subdivision, Réseau de transport métropolitain (RTM) operated railway equipment on a railway other than in accordance with Canadian Rail Operating Rule 80(a), which applies to RTM. This occurred when train EXO 1207 obstructed the main track, which is governed by the Centralized Traffic Control System (CTC) Rules, without authority by passing Signal 02 that was indicating STOP (designated in Rule 439), thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on January 16, 2024

On March 9, 2023, at approximately 7:22 a.m., near Montreal-West (Loyola controlled location), Quebec, on the CP Westmount Subdivision, Réseau de transport métropolitain (RTM) operated railway equipment other than in accordance with Canadian Rail Operating Rule 80(a), which applies to RTM. This occurred when train EXO 172 obstructed the main track, which is governed by the Centralized Traffic Control System (CTC) Rules, without authority by passing Signal 42-3 that was indicating STOP (designated in Rule 439), thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on January 16, 2024

On or about January 31st, 2023, in the vicinity of Mile 125.8 on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated a track unit other than in accordance with Rule 803 of the Canadian Rail Operating Rules (CROR) applicable to QNS&L, when track unit BR211 occupied the main track without authorization between Signal 1258 and Signal 1257, in violation of Section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.