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.

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.

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 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

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.

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.

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 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.

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 November 28, 2020, on the Canadian National Railway Caramat subdivision, in or near Hornepayne, Ontario, Canadian National Railway operated railway equipment otherwise in accordance with rule 803 of the Canadian Rail Operating Rules that apply to Canadian National Railway, when its employee occupied a portion of track with a track unit without being permitted to do so by planned protection or a Track Occupancy Permit, 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 1, 2021, in Goderich-Exeter Railway Company Ltd.'s Goderich Yard in Goderich, Ontario, the Goderich-Exeter Railway Company Ltd. left equipment unattended in a yard track and did not secure the equipment in accordance with Rule 112(c) of the Canadian Rail Operating Rules to prevent the equipment from moving unintentionally, thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on October 6, 2021. 

On or about September 5, 2019, on track KN04 at Millhaven Spur on the Kingston subdivision at or near Ernestown, Ontario, the Canadian National Railway Company operated railway equipment while not having a crew member on the leading piece of equipment or on the ground, in a position to observe track to be used and to give signals or instructions necessary to control the move, when equipment was shoved by an engine or headed by an unmanned remotely controlled engine, in accordance with Rule 115 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 August 18, 2019, in or near Parry Sound, Ontario, Canadian National Railway operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to Canadian National Railway, when its employees failed to stop a movement at Signal 1476 on the Bala subdivision displaying 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 May 11, 2019, in or near Thunder Bay, Ontario, Canadian Pacific Railway Company operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to Canadian Pacific Railway, when its employees failed to stop a movement at Signal 1219 on the Nipigon subdivision displaying Stop, thereby violating section 17.2 of the Railway Safety Act.

The Transportation Appeal Tribunal of Canada rendered its decision on January 21, 2022.

The penalty amount was paid on March 11, 2022.

On or about December 10, 2018 at or near Langstaff, on the Bala Subdivision, Canadian National Railway operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules when its employees failed to stop a movement at a STOP signal.

Administrative Monetary Penalty: $22,916.52

On or about February 7, 2019 at or near Argolis, Ontario, on the Ruel Subdivision, Canadian National Railway operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules when its employees failed to stop a movement at a STOP signal.

Administrative Monetary Penalty: $22,916.52

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

(1) a. On or about August 28, 2017 at Agincourt Yard in Toronto, Ontario, CP failed to ensure that the freight cars placed or continued in service were free from all safety defects described in the Part II of the Railway Freight Car Inspection and Safety Rules, thereby contravening Rule 4.1 of the Railway Freight Car Inspection and Safety Rules, by placing or continuing in service car CPAA 211043 while it had an improperly secured body centre plate on the A end, contrary to Rule 14.1(i)(i) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $13,020.75

(1) b. On or about October 20, 2017 at Agincourt Yard in Toronto, Ontario, CP failed to ensure that the freight cars placed or continued in service were free from all safety defects described in General Order O-10 (Railway Safety Appliance Standards Regulations), thereby contravening Rule 4.1 of the Railway Freight Car Inspection and Safety Rules, by placing or continuing in service car CP 344759 while it had a bent uncoupling lever and bracket at the B end, contrary to Rule 15.1(f) of the Railway Safety Appliance Standards Regulations.

Administrative Monetary Penalty: $13,020.75

(1) c. On or about October 20, 2017 at Agincourt Yard in Toronto, Ontario, CP failed to ensure that the freight cars placed or continued in service were free from all safety defects described in Part II of the Railway Freight Car Inspection and Safety Rules, thereby contravening Rule 4.1 of the Railway Freight Car Inspection and Safety Rules, by placing or continuing in service car CP 214174 while it had a truck side bearing broken at the AR location, contrary to Rule 13.1(c)i) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $13,020.75

(1) d. On or about October 19, 2017 failed to ensure that the freight cars placed or continued in service were free from all safety defects under Rule 4.1 of the Railway Freight Car Inspection and Safety Rules described under Part II of the Railway Freight Car Inspection and Safety Rules when it placed or continued in service car GACX 54854 while it had a broken running board at BR location, contrary to section 112.21(1) of the Railway Safety Appliance Standards Regulations.

Administrative Monetary Penalty: $13,020.75

(2) a. On or about October 18, 2017 in Agincourt Yard, Toronto, Ontario, CP failed to ensure all brake equipment was maintained in a safe and serviceable condition by continuing in service car WCTR 866852 with a truck mounted piston travel excessive at location 1 and 2 of the car, contrary to current AAR Interchange Rule 3(A)(1.)(d.)(2), thereby contravening Rule 20.1(a) of the Railway Freight and Passenger Train Brake and Safety Rules.

Administrative Monetary Penalty: $17,361.00

(2) b. On or about October 20, 2017 in Agincourt Yard, Toronto, Ontario, CP failed to ensure all brake equipment was maintained in a safe and serviceable condition by continuing in service car WCTR 866852 with a truck mounted piston travel excessive at location 1 and 2 of the car, contrary to current AAR Interchange Rule 3(A)(1.)(d.)(2), thereby contravening Rule 20.1(a) of the Railway Freight and Passenger Train Brake and Safety Rules.

Administrative Monetary Penalty: $17,361.00

(2) c. On or about March 31, 2018 in Agincourt Yard, Toronto, Ontario, CP failed to ensure all brake equipment was maintained in a safe and serviceable condition by continuing in service car WCTR 866852 with a truck mounted piston travel excessive at location 1 and 2 of the car, contrary to current AAR Interchange Rule 3(A)(1.)(d.)(2), thereby contravening Rule 20.1(a) of the Railway Freight and Passenger Train Brake and Safety Rules.

Administrative Monetary Penalty: $17,361.00

The penalty amount was paid on August 3, 2018.

On or about November 23, 2017 on the Ellwood Subdivision in or near Ottawa, Ontario, Capital Railway operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Operating Rules that apply to Capital Railway when its employees failed to stop a movement at a STOP signal.

The Transportation Appeal Tribunal of Canada rendered its decision on November 23, 2020.

The penalty amount was paid on January 29, 2021.

On or about June 14, 2017 at or near Romford, Ontario, on the Cartier Subdivision, CP operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Operating Rules that apply to CP when its employees failed to stop a movement at a STOP signal.

The Transportation Appeal Tribunal of Canada rendered its decision on November 15, 2021.

The monetary penalty was dismissed.

On or about May 3, 2017 on the Ellwood Subdivision at Gladstone Station, in or near Ottawa, Ontario, the City of Ottawa carrying business as Capital Railway (Capital Railway), operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to Capital Railway, when it failed to stop train C7 at a signal 73 East displaying Stop.

The penalty amount was paid on October 17, 2017.