Railway Administrative Monetary Penalties

The company has requested a review at the Transportation Appeal Tribunal of Canada.[BO(1] 

1.On or about March 26, 2022, at approximately 05:20 (EDT), in the vicinity of mile 36. 3 on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated railway equipment on a railway otherwise than in compliance with Rule 439 of the Canadian Rail Operating Rules (CROR) applicable to QNS&L, when train CH-212-H failed to stop at the ABSOLUTE STOP signal 363B, thereby violating Section 17.2 of the Railway Safety Act.

Administrative monetary penalty: $33,000.00

2.On or about March 26, 2022, at approximately 05:20 (EDT), on the Nicman North Siding of the Wacouna Subdivision, QNS&L operated railway equipment on a railway otherwise than in compliance with Rule 105(b) of the CROR applicable to QNS&L, when movement CH-212-H operated at a speed in excess of fifteen (15) mph while on a non-main track, in violation of Section 17.2 of the Railway Safety Act.

Administrative monetary penalty: $33,000.00

The penalty amount was paid on April 18, 2023.[BO(1] 

On or about February 22, 2022 at the Chambord Yard of its Lac St-Jean subdivision, the Canadian National Railway Company (CN) operated equipment otherwise than in compliance with Rule 112(c) of the Canadian Rail Operating Rules that apply to CN, when its employees left railway cars unattended on Track FJ08 and, by improperly testing hand brake effectiveness, failed to ensure that the equipment was secured to prevent it from moving unintentionally, thereby violating section 17.2 of the Railway Safety Act.

The company has requested a review at the Transportation Appeal Tribunal of Canada.[BO(1] 

The company has requested a review at the Transportation Appeal Tribunal of Canada.[BO(1] 

On or about January 14, 2022, at approximately 08:46 a.m. (EDT), on the Canadian National Railway’s St-Hyacinthe Subdivision, near Montréal’s Gare Centrale, Quebec, Réseau de Transport Métropolitain (RTM) operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to RTM, when Train EXO 809 failed to stop at STOP signal 124L, thereby violating Section 17.2 of the Railway Safety Act.

On or about February 15, 2022, while a Railway Safety Inspector was performing Transport Canada inspection program functions pursuant to the Railway Safety Act, the Canadian National Railway Company failed to comply with a request to produce documents for inspection, thereby violating subsection 30(2) of the Railway Safety Act.

On or about February 9, 2022, between approximately 13:00 and 13:15 EST in the vicinity of Chambord QC, the Canadian National Railway Company (CN) left railway equipment standing, or conducted switching

operations of train 46921 09, on the grade crossing at mile 159.49 of CN’s Lac-St-Jean subdivision, in a manner that obstructed that public grade crossing for more than five minutes when vehicular traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossings Regulations.

On or about November 5th, 2021, in the vicinity of Kahnawake QC or thereabouts, the Canadian Pacific Railway Company (CP) completed work on bridge support structures located at or near mile 40.92 on CP’s Adirondack subdivision whilst the related engineering work had not been approved by a professional engineer, thereby violating subsection 11(2) of the Railway Safety Act.

On or about On or about October 23, 2021, at approximately 09:00 (EDT) on the Canadian National Railway's St-Hyacinthe Subdivision, VIA Rail Canada Inc. (VIA Rail) operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to VIA Rail, when its employees on

Via Rail Train 633 failed to stop a movement at least 300 feet in advance of STOP signal 124RC, thereby violating section 17.2 of the Railway Safety Act.

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

1. Between approximately October 1st and 18th, 2021 on the St-Maurice Subdivision between mile 237 and mile 257, in the vicinity of Senneterre, Quebec, the Canadian National Railway Company 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 Part II Subpart D II (b) of the Rules respecting Track Safety (herein after “the TSR”), thereby violating Part I section 6.1 of the TSR. Administrative monetary penalty: $75,000.00

2. On or about October 19th, 2021 on the St-Maurice Subdivision at approximately mile 237.10, 256.26 and 256.31, in the vicinity of Senneterre, Quebec, the Canadian National Railway Company operated or maintained a railway otherwise than in accordance with Part II Subpart D II of the TSR, thereby violating section 17.2 of the Railway Safety Act, namely by operating railway equipment on conventional jointed track in Class 3 track where each 39 foot segment of track did not have 10 crossties which are not broken through, split or otherwise impaired, deteriorated or cut by the tie plate as described in the TSR. Administrative monetary penalty: $83,600.00

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

1. Between approximately October 20th and November 2nd, 2021, on the Taschereau Subdivision between mile 1.8 and mile 97.8 between Senneterre and La Sarre, Quebec, the Canadian National Railway Company 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 Part II Subpart D of the Rules respecting Track Safety (herein after “the TSR”), thereby violating Part I section 6.1 of the TSR. Administrative monetary penalty: $52,083.00

2. On or about November 2nd and 3rd, 2021, on the Taschereau Subdivision at approximately mile 1.8, 21.75, 25.76, 51.19, 51.29, 73.24 and 97.8 between Senneterre and La Sarre, Quebec, the Canadian National Railway Company operated or maintained a railway otherwise than in accordance with Part II Subpart D II of the TSR, thereby violating section 17.2 of the Railway Safety Act, namely by operating railway equipment on Class 1 and 2 conventional jointed track where rail joints weren’t supported by at least one crosstie of the type specified, whose centerline is within 24 inches of said rail joint location. Administrative monetary penalty: $71,499.00

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

On or about September 2nd, 2021, Canadian National Railway (CN) assignment Z 14921 02 (149) was proceeding westward on the north track at 42 Mph when it encountered an open main line facing point switch at mile 113.36 Kingston Subdivision. After initiating an emergency brake application, the movement travelled through the open switch into track KE01 and collided head-on into assignment L 53231 02 (532) resulting in equipment being derailed from both trains. On the above noted date, the Rail Traffic Controller (RTC) did not ensure that there were no conflicting trains or transfers within, or authorized to enter, the controlled block affected, violating Canadian Rail Operating Rule 568(b)(i).

The penalty amount was paid on October 21, 2022.

1. On or about October 7 2021, in the vicinity of Montreal QC, or thereabouts, the Canadian National Railway Company (CN) maintained a railway otherwise than in accordance with section 4.3 of the Railway Freight Car Inspection & Safety Rules (the Freight Car Safety Rules) that apply to CN, thereby violating section 17.2 of the Railway Safety Act (the Act), namely by failing to ensure that a safety inspection of freight cars was performed by a certified car inspector on train 46921 07, prior to leaving the Taschereau yard.

Administrative Monetary Penalty: $98,700

2. On or about October 11 2021 in the vicinity of Montreal QC, or thereabouts, the Canadian National Railway Company (CN) maintained a railway otherwise than in accordance with section 4.3 of the Freight Car Safety Rules that apply to CN, thereby violating section 17.2 of the Act, namely by failing to ensure that a safety inspection of freight cars was performed by a certified car inspector on train 46921 11, prior to leaving the Taschereau yard.

Administrative Monetary Penalty: $108,100

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

Between June 14th and 18th 2021, or thereabouts, on the Sangudo subdivision from mile 62 to mile 167 and on the Westlock subdivision from mile 4.78 to mile 130 near Westlock and Whitecourt, Alberta, Canadian National Railway Company failed to ensure that a track inspector or track supervisor did undertake track inspections by such a method as to ensure the line of track is compliant with Part II Subpart D Track Structure, rule II (d), of the Rules Respecting Track Safety, thereby violating Part I section 6.1 of the TSR.

Administrative monetary penalty: $71,499

Between June 14th and 18th 2021, or thereabouts, on the Sangudo subdivision from mile 62 to mile 167 and on the Westlock subdivision from mile 4.78 to mile 130 near Westlock and Whitecourt, Alberta, Canadian National Railway Company operated railway equipment on a railway otherwise than in accordance with Part II Subpart D – Track Structure of the Rules Respecting Track Safety, thereby violating section 17.2 of the Railway Safety Act, namely while the subdivisions Class 3 conventional jointed tracks were not maintained as required, more precisely: “i. a rail joint was not supported by, as required by at least one (1) crosstie of the type specified, whose centerline is within 36 inches of the joint location.”

Administrative monetary penalty: $52,083

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

1. On or about July 15, 2021, on five occasions between approximately 12:35 and 13:45 EDT, in the vicinity of St-Félicien, Quebec, the Canadian National Railway Company (CN) left equipment standing, or conducted switching operations of train L53121, on the Sacré-Coeur boulevard crossing surface at mile 30.93 of CN's Roberval subdivision, or thereabouts, in a manner that obstructed that public grade crossing for more than five minutes when vehicular traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossings Regulations.

Administrative monetary penalty: $178,600

2. On or about July 15, 2021, at various times between approximately 12:35 and 13:53 EDT, on the Roberval Subdivision, in the vicinity of St-Félicien, Quebec, CN 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 at that public grade crossing, other than for the purpose of crossing it, thereby violating subsection 97(1) of the Grade Crossings Regulations.

Administrative monetary penalty: $79,900

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

Between June 8 and July 7, 2021, or thereabouts, while a Railway Safety Inspector was performing Transport Canada inspection program functions pursuant to the Railway Safety Act (hereinafter, the Act), CSX Transportation Inc. failed to comply with a request to produce documents for inspection, thereby violating paragraph 30(2) (a) of the Act.

The penalty amount was paid on August 18, 2022.

On or about June 10, 2021 or thereabouts, on CN's Joliette Subdivision in the vicinity of the Pointe-Aux-Trembles Siding, the Canadian National Railway Company (CN) 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, more specifically CN track units occupied the siding track between signals 1277W and 1266W without authorization.

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

On or about September 14, 2021, at approximately 8:07 EDT, in or near London, Ontario, Canadian National Railway conducted switching operations with Canadian National Railway train L50131-14, headed by engine CN 2254, in a manner that obstructed the public crossing at grade located at mile 76.44 of the Dundas subdivision, for more than five minutes, when vehicular traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossing Regulations.

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

On or about May 19, 2021, at 12:25 or thereabouts, on CP's Parc subdivision, on the North Track in the vicinity of signal number 99N Bordeaux, the Canadian Pacific Railway Company 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, more specifically a CP track unit was occupying the track between signals 99N and 90N without authorization.

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

1. On or about May 4, 2021 at approximately 10:05 EDT in the vicinity of Côte-Saint-Luc (Quebec) or thereabouts, the Canadian Pacific Railway Company (CP) failed to control and protect freight cars with defects, by the use of a bad order information system and/or a bad order or home shop card, thereby violating section 4.8 of the Freight Car Safety Rules (hereinafter, the FCSRs). Administrative monetary penalty: $71,500

2. On or about May 4, 2021, at approximately 11:00 EDT, CP failed to ensure that freight cars it placed or continued in service on train QGRY-04 leaving CP's St-Luc Yard bound for Quebec-Gatineau Railway's Ste-Thérèse yard, in the province of Quebec, were free from all safety defects described in Part II of the FCSRs, thereby violating section 4.1 of the FCSRs. Administrative monetary penalty: $58,666

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

On or about June 17, 2021, at approximately 18:40 EDT, in or near New Tecumseth, Ontario, the Canadian Pacific Railway Company conducted switching operations with Canadian Pacific Railway Company train 421, headed by engine CP 8208, in a manner that obstructed the public grade crossing located at mile 43.27 of the MacTier subdivision, for more than five minutes, when vehicular traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossing Regulations.

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

1. On or about March 27, 2021, in the vicinity of Garneau QC, or thereabouts, the Canadian National Railway Company (CN) maintained a railway otherwise than in accordance with section 4.3 of the Railway Freight Car Inspection & Safety Rules (hereinafter, the Freight Car Safety Rules) that apply to CN, thereby violating section 17.2 of the Railway Safety Act, namely by failing to ensure that a safety inspection was performed by a certified car inspector on freight cars formed up on, or added to, outbound train 56621 27, prior to leaving the Garneau yard. Administrative Monetary Penalty: $89,300

2. Between April 14 and 15, 2021, or thereabouts, the Canadian National Railway Company failed to ensure freight cars it placed or continued in service in the vicinity of Garneau yard, in the Province of Quebec were free from all safety defects described in Part II of the Freight Car Safety Rules, and that those cars' safety appliances complied with General Order No. 0-10, “Regulations Respecting Railway Safety Appliance Standards”, or the latest edition of AAR Safety Standard S-2044 “Safety Appliance Requirements for Freight Cars” of the Manual of Standards and Recommended Practices, thereby violating section 4.1 of the Freight Car Safety Rules. Administrative Monetary Penalty: $69,900

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

On or about June 14th, 2021, on the Ottawa Valley Railway Cartier subdivision between mile 1 and mile 36, between North Bay and Verner Ontario, RailLink Canada Limited (Ottawa Valley Railway) failed to ensure that a track inspector or track supervisor undertook track inspection by such a method as to ensure the line of track was compliant with the Track Safety Rules of the Rules Respecting Track Safety, there by violating the Rules Respecting Track Safety, Part I, Section 6.1.

The penalty amount was paid on June 2, 2022.

On or about February 15, 2021, on Canadian Pacific Railway Company’s Laggan Subdivision, the Canadian Pacific Railway Company left equipment unattended on mainline and did not secure the equipment in accordance with CROR 112 (a)(i) of the Canadian Rail Operating Rules, 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 March 16, 2021, between approximately 14:45 and 15:07 EDT, in the vicinity of St-Félicien, Quebec, the Canadian National Railway Company left equipment standing and/or conducted switching operations of train L53121 16 near the crossing surfaces at miles 29.31 and 29.54 of CN's Roberval subdivision, in a manner that obstructed those crossings for more than five minutes, when vehicular traffic was waiting to cross, thereby violating subsection 97(2) of the Grade Crossings Regulations.

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