Railway Administrative Monetary Penalties

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.

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 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.

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.

On or about October 3rd, 2022, in the vicinity of Mile 15.5 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 OT-28 occupied the main track without authorization between Signal 155 and Signal 156B, 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 September 2nd, 2022, while subject to duty on rail assignment YPC011-22 in the Pointe St-Charles area of Montréal, an individual used a mood-altering agent or intoxicant, namely a marijuana product, in violation of General Rule G of the Canadian Rail Operating Rules.

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

Canadian National Railway Company (CN) train X27461-23 passed stop signal 250S on the CN Dundas subdivision without authority on Sept 24, 2022, resulting in a violation of Canadian Rail Operating Rule 439. Based on the available evidence, it has been determined that a Notice of Violation and administrative monetary penalty will be assessed against CN for this infraction.

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

Between August 23rd and September 19th, 2022 or thereabouts, the Canadian National Railway Company (CN) failed to maintain a record of all safety inspections for the cars it placed in service at CN Joffre Safety Inspection Location on or about August 23rd, 2022 or failed to make that information available to a Railway Safety Inspector upon request, thereby violating section 4.9 of the Railway Freight Car Inspection & Safety Rules.

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

1. On or about June 28, 2022, between 08:57 and 09:18 or thereabouts on its Montmagny Subdivision in the vicinity of the St-André, QC, 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 (CRORs) that apply to CN, thereby violating section 17.2 of the Railway Safety Act (hereinafter, the Act), more specifically a CN track unit occupied a main track between signals 284D and 175D without authorization.

Administrative Monetary Penalty: $83,600.00

2. On or about June 28, 2022, at approximately 09:15 in the vicinity of St-André, QC, CN operated track units otherwise than in accordance with Rule 125 of the CRORs that apply to CN, as its employee failed to follow Emergency Communication Procedures to transmit and indicate the report of a condition which may constitute a hazard to employees or others, or a condition which may endanger the passage of movements when a track unit occupied a main track between signals 284D and 175D without authorization on CN’s Montmagny subdivision, thereby violating section 17.2 of the Act.

Administrative Monetary Penalty: $33,000.00

3. On or about July 5, 2022, between 11:52 and 12:08 or thereabouts on its Val d’Or Subdivision in the vicinity of Malartic, QC, CN operated or maintained a railway otherwise than in accordance with rule 803 (b) of the CRORs that apply to CN, thereby violating section 17.2 of the Act, more specifically, track work was being performed at or near mile 53 of the subdivision without authorization.

Administrative Monetary Penalty: $83,600.00

4. On or about July 5, 2022, at approximately 11:53 in the vicinity of Malartic, QC, CN operated track units otherwise than in accordance with Rule 125 of the CRORs that apply to CN, as its employee failed to transmit the word “EMERGENCY” three times at the beginning of the transmission, to indicate the report of a condition which may constitute a hazard to employees or others, or a condition which may endanger the passage of movements when a track unit occupied the track at or near mile 53 on CN’s Val d’Or subdivision, thereby violating section 17.2 of the Act.

Administrative Monetary Penalty: $30,750.00

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

1. Between approximately May 30th and June 14, 2022, on the Taschereau Subdivision between mile 1.8 near or at Senneterre and mile 97.8 near or at La Sarre, as well as on the Chapais Subdivision between mile 0.0 near or at Barraute and mile 76.35 near or at Franquet, the Canadian National Railway (hereinafter, CN) 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 TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $48,958.00

2. Between approximately May 30th and June 14, 2022, on the Chapais Subdivision at or near mile 17.26 in the vicinity of Rochebaucourt, Quebec, where at the frog point of Switch BQ22 the guard check gauge was less than the limits prescribed in Part II Subpart D of the TSRs, CN failed to halt operations over that line of track or bring it into compliance, thereby violating Part I section 6.2 of the TSRs.

Administrative Monetary Penalty: $35,250.00

3. Between approximately May 30th and June 14, 2022, CN operated or maintained a railway otherwise than in accordance with Part II Subpart D II of the TSRs, thereby violating section 17.2 of the Railway Safety Act, more specifically:

• on the Taschereau Subdivision at or near mile 59.09 and mile 85.10, as well as on the Chapais Subdivision at or near mile 3.85, 27.3, 36.2 & 41.97, by operating railway equipment on Class 1 and 2 conventional jointed tracks 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, and

• on the Taschereau Subdivision between mile 1.8 and mile 97.8, as well as on the Chapais Subdivision between mile 0.0 and mile 76.35, by operating railway equipment on Class 1 and 2 conventional jointed tracks where each rail was not bolted with at least two bolts at each joint.

Administrative Monetary Penalty: $76,374.00

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

1. Between approximately July 22nd and 28th, 2022, on the Mont-Joli Subdivision between mile 0 at or near Campbellton, NB and mile 188.8 at or near Rivière-du-Loup, QC, the Canadian National Railway (hereinafter, CN) 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 TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $48,958.00

2. Between approximately July 22nd and 28th, 2022, on the Mont-Joli Subdivision between mile 36.128 and mile 179.081, or thereabout, CN 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:

(i) the minimum number and type of crossties specified in the TSR, effectively distributed to support the entire segment;

(ii) ten (10) crossties which are not broken through, split or otherwise impaired, deteriorated or cut by the tie plate as described in the TSR; and

(iii) at least one (1) crosstie of the type specified, which is located within 18 inches of each joint location.

Administrative Monetary Penalty: $117,500.00

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

1. Between approximately August 1st and 9th, 2022, on the St-Maurice Subdivision between mile 0 at or near Fitzpatrick, in the vicinity of La Tuque, QC and mile 257 at or near Senneterre, QC, the Canadian National Railway (hereinafter, CN) 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 TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $79,900.00

2. Between approximately August 1st and 9th, 2022, on the St-Maurice Subdivision between mile 76.63 and mile 174.60, or thereabouts, CN 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 rail joint was not supported by at least one (1) crosstie of the type specified, which is located within 18 inches of each joint location.

Administrative Monetary Penalty: $98,700.00

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