Railway Administrative Monetary Penalties

On or about July 2^nd and 5^th 2019 on the St-Maurice Subdivision between mile 160.64 and 257.20, between Clova and 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: $52,083.00

Between approximately July 2^nd and 9^th, 2019 on the St-Maurice Subdivision at approximately mile 172.86, as well as between miles 225 and 247, between Clova and Senneterre, Quebec, the Canadian National Railway Company 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:

1. the minimum number and type of crossties specified in the TSR, effectively distributed to support the entire segment;
2. 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
3. at least one (1) crosstie of the type specified, which is located within 18 inches of each joint location.

Administrative Monetary Penalty: $71,499.00

The penalty amount was paid on November 2, 2021.

On or about June 21st, 2019, at approximately 18:46 (EDT) on a Canadian National Railway (CN) connecting track between CN’s Montreal and St-Hyacinthe Subdivisions near Pointe-Saint-Charles Quebec, 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 28 failed to stop a movement at least 300 feet in advance of STOP signal 316RA, thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on March 19, 2021.

On or about February 2, 2019 at or near St-Lambert, Québec, in Southwark Yard, Canadian National Railway Company operated equipment otherwise than in compliance with Rule 112 of the Canadian Rail Operating Rules when the crew from Train L59621-02 left car UNPX 120031 unattended in Track A058 and did not ensure that the equipment was secured to prevent it from moving unintentionally contrary to section 17.2 of the Railway Safety Act, thereby committing a violation under section 40.13(1) of said Act.

On or about February 2, 2019 in St-Lambert, Québec, in Southwark Yard, Canadian National Railway Company operated equipment otherwise than in compliance with Rule 112(vi)(b) of the Canadian Rail Operating Rules when one of its employees during the testing of the effectiveness of the hand brakes on car UNPX 120031 did not apply a sufficient tractive effort to determine that the hand brakes would prevent the equipment from moving when the tractive effort was terminated contrary to section 17.2 of the Railway Safety Act, thereby committing a violation under section 40.13(1) of said Act.

The penalty amount was paid on October 18, 2021.

On or near July 25, 2017, at Mile 126.8 on the Wacouna Subdivision, near Station Mai, Sept-Iles, QNS&L left unattended equipment on main-track without having applied sufficient handbrakes and without having conducted an effectiveness test in violation of Rule 112(a) of the Canadian Rail Operating Rules and section 17.2 of the Railway Safety Act (Act) by operating a railway otherwise than in accordance with rules made under Sections 19 or 20 of the Act, which apply to QNS&L.

The Transportation Appeal Tribunal of Canada rendered its decision on November 6, 2020.

The monetary penalty was dismissed.

The Transportation Appeal Tribunal of Canada rendered its decision on November 29, 2021.

The penalty amount was paid on December 13, 2021.