Railway Administrative Monetary Penalties

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 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.

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.

On or about June 11, 2022 between approximately 16:26 and 16:57 EDT in the vicinity of Delson, QC, the Canadian Pacific Railway Company (CP) left railway equipment of train 223-10 standing on two grade crossings of CP’s Adirondack subdivision, respectively at miles 34.58 & 34.43, or conducted switching operations thereat, in a manner that obstructed those public grade crossings for more than five minutes when vehicular traffic was waiting to cross them, thereby violating subsection 97(2) of the Grade Crossings Regulations.

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

On or about April 12, 2022, at approximately 17:17 (EDT) on the Canadian National Railway Company's (CN) Butler Spur, CN operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to CN, when its employees on CN train L52321-12 failed to stop a movement in advance of signal 328RA 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 May 3rd 2022, at the Senneterre Yard, 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 AS08 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.

1.Between May 31st and June 2nd, 2022, on the Halton Subdivision between mile 0 to 27, the Canadian National Railway Company (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 was compliant to the Rules Respecting Track Safety (Herein after “the TSR”), thereby violating section 6.1 Part II Subpart D II of the TSR. Administrative monetary penalty: $100,000.00 2.A documentation review of CN’s track inspections between approximately April 1st to April 30th, 2022, on the Halton Subdivision between mile 0 and mile 27, revealed that the Canadian National Railway Company violated 2.4(d)(i) under Subpart F of Part II, which states that when inspecting track, an inspector may inspect up to two tracks at one time provided that: The inspector's visibility remains unobstructed by any cause and that the second track is not centered more than 30 ft (9.144m) from the track upon which the inspector is traversing. Administrative monetary penalty: $81,250.00 3.A documentation review of CN’s track inspections between approximately April 1st to April 30th, 2022, on the Halton Subdivision between mile 0 and mile 27, revealed that the Canadian National Railway Company violated 2.4(d)(ii) under Subpart F of Part II, which states that when inspecting track, an inspector may inspect up to two tracks at one time provided that: Each track that requires weekly or more frequent inspection must be traversed by the vehicle or inspected on foot at least once every two weeks, and each siding and crossover must be traversed by the vehicle or inspected on foot at least once every month. Administrative monetary penalty: $81,250.00

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

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.

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.

1.On or about February 15, 2022, between approximately 09:00 and 12:07 EST in the vicinity of Delson QC, the Canadian Pacific Railway Company (CP) left railway equipment standing, on the grade crossing at mile 26.9 of CP’s Lacolle subdivision, or conducted switching operations of train 253 14, 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 (hereinafter, the GCRs). Administrative monetary penalty: $125,332.00 2.On or about February 15, 2022, between approximately 12:32 and 12:49 EST in the vicinity of St-Constant QC, CP left railway equipment standing on the grade crossing at mile 35.96 of CP’s Adirondack subdivision, or conducted switching operations of train 253 14, 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 GCRs. Administrative monetary penalty: $70,500.00 3.On or about February 15, 2022, between approximately 09:30 and 11:40 EST in the vicinity of Delson and St-Constant QC, or thereabouts, CP operated a railway otherwise than in accordance with section 5.1.1 a) of the Work/Rest Rules for Railway Operating Employees (2011) that applied to CP, thereby violating section 17.2 of the Railway Safety Act, namely when the crew of train 253-14 was ensuring securement of railway equipment by attending it beyond the maximum continuous on duty time of 12hrs. Administrative monetary penalty: $35,250.00

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

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.

The company has 30 days to either pay the penalty amount or request a review at the Transportation Appeal Tribunal of Canada

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.

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

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.

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

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.

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

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 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.

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.

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.