Railway Administrative Monetary Penalties

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.

On or about March 9, 2021 at or near the Via Rail Montreal Maintenance Center in the province of Quebec, Via Rail Canada Inc. operated equipment otherwise than in compliance with Rule 112 of the Canadian Rail Operating Rules when its employees left railway cars unattended in Track M2E and did not ensure that the equipment was secured to prevent it from moving unintentionally thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on March 23, 2022.

On or about January 12, 2021, at 17:04 EST or thereabouts, on the Canadian Pacific Railway Company's Adirondack subdivision EAST track, in the vicinity of Lasalle Quebec, the Réseau de transport métropolitain (RTM) operated or maintained a railway otherwise than in accordance with rule 411 of the Canadian Rail Operating Rules, which apply to the RTM, thereby violating section 17.2 of the Railway Safety Act, more specifically, Train EXO 87 passed signal 430E and failed to prepare to stop at the next signal.

The penalty amount was paid on February 2, 2022.

On or about January 20, 2021, from approximately 16:46 to 17:12, at mile 41.59 of the Kingston Subdivision, or thereabouts, in the vicinity of St-Zotique Quebec, the Canadian National Railway Company left railway equipment standing on a crossing surface 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.

1. On or about December 3rd, 2020, at 22:40 or thereabouts on CN's Montreal subdivision South Connecting Track in the vicinity of the VIA Railway Crossing at grade, east of interlocking signal 316RA, the Canadian National Railway Company (CN) operated or maintained a railway otherwise than in accordance with rule 809 (b) of the Canadian Rail Operating Rules (hereinafter the CRORs), thereby violating section 17.2 of the Railway Safety Act (hereinafter the Act), more specifically a track unit proceeded east of signal 316RA and occupied the track without authorization. Administrative monetary penalty: $54,666.00

2. On or about December 6th, 2020, at 21:30 or thereabouts, on CN's Kingston subdivision's North track, at or near mile 30.5 in the vicinity of Les Cèdres, QC, CN operated or maintained a railway otherwise than in accordance with rule 803 (a) of the CRORs, thereby violating section 17.2 of the Act, more specifically a track unit occupied the aforesaid North track without authorization. Administrative monetary penalty: $76,374.00

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

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 November 18, 2020, from approximately 7:24 and 7:54 EST, on the Bécancour Subdivision, in the vicinity of Aston Jonction, Quebec, the Canadian National Railway Company left railway equipment standing at the mile 0.58 grade crossing or thereabouts, in a manner that caused the obstruction of the public grade crossing for approximately 30 minutes while 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 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 August 19, 2020, at or near Melville, Saskatchewan, Canadian National Railway failed to ensure that the bolster side bearing and pedestal clearances on locomotive CN5379 were maintained within manufacturer's specifications, in accordance with Section 22.3 of the Railway Locomotive Inspection and Safety Rules, thereby violating section 17.2 of the Railway Safety Act. The four side bearing measurements taken on the front truck of CN5379 were outside the original manufacturer's specifications and also outside tolerance of CN's policy for minimum clearance.

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

1. Between November 9th and 17th 2020, or thereabouts, on the Sherbrooke subdivision from mile 16 near Norton VT to mile 100 near Upton QC, St. Lawrence & Atlantic Railroad (Québec) Inc. 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 Track Structure, rules II (d), III (a) and V (d), of the Rules Respecting Track Safety (herein after “the TSR”), thereby violating Part I section 6.1 of the TSR. Administrative monetary penalty: $42,708.00

2. Between November 10th and 17th 2020, or thereabouts, on the Sherbrooke subdivision from mile 16 near Norton VT to mile 100 near Upton QC, St. Lawrence & Atlantic Railroad (Québec) Inc. operated railway equipment otherwise than in accordance with Part II Subpart D - Track Structure of the TSR, thereby violating section 17.2 of the Railway Safety Act, namely while the subdivision's Class 2 conventional jointed tracks were not maintained as required, more precisely:

1. rail joints, at various locations, were not bolted with at least two bolts; and
2. a rail joint was not supported, as required, by at least one (1) crosstie of the type specified, whose centerline is within 24 inches of the joint location.

Administrative monetary penalty: $42,708.00

The penalty amount was paid on November 5, 2021.

On or about September 15th 2020, at various times between approximately 13:29 and 14:38 EDT, on the Roberval Subdivision, in the vicinity of St-Félicien, Quebec, the Canadian National Railway Company left railway equipment standing at the mile 29.93 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 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.

Between August 4th and October 1st 2020, or thereabouts, the Canadian National Railway Company failed to ensure the freight cars it placed or continued in service in the vicinity of Joffre, Garneau and Taschereau yards, in the Province of Quebec, were free from all safety defects described in Part II of the Freight Car Safety Rules (FCSRs), 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 FCSRs.

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

1. On or about May 11th 2020, in the vicinity of Shawinigan QC, or thereabouts, CN maintained a railway otherwise than in accordance with paragraph 19.1 (b) of the Freight Car Safety Rules that apply to CN, thereby violating section 17.2 of the Act, namely by implementing a change to the list of safety inspection locations, by removing the Garneau location from that list, less than sixty (60) days after it had filed such a change to the Department.

Administrative monetary penalty: $52,083.00

2. On May 11th 2020, or thereabouts, CN failed to conduct a risk assessment when a proposed change to its railway operations, namely the removal of Garneau, QC from the list of safety inspection locations, could affect the safety of the public or personnel or the protection of property or the environment, thereby violating subsection 15(1) of the Railway Safety Management System Regulations, 2015.

Administrative monetary penalty: $133,332.00

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

On or about June 2nd and 4th 2020, in the vicinity of Shawinigan QC, or thereabouts, CN maintained a railway otherwise than in accordance with section 4.2 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 (hereinafter, the Act), namely by failing to ensure that safety inspections were performed by a certified car inspector on freight cars formed up on, or added to, outbound trains 46621 02 and 46621 04, prior to leaving the Garneau safety inspection location.

The penalty amount was paid on July 27, 2022.

On or about May 11th 2020, at approximately 07:45 (EDT) on Canadian National Railway’s (CN) Montreal Subdivision near Pointe-Saint-Charles, Quebec, Réseau de transports 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 EXO Train number 1202 failed to stop a movement at least 300 feet in advance of STOP signal 224LC, thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on March 23, 2021.

On or about January 9th 2020, from approximately 06:00 to 07:00 at mile 0.04 of the Port of Montreal spur track of the Montreal subdivision, or thereabouts, the Canadian National Railway Company left railway equipment standing on a crossing surface for more than five minutes when vehicular traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossings Regulations.

The penalty amount was paid on June 16, 2022.

1. On or about October 6th 2019, at times specified hereunder on the Lac St-Jean Subdivision at approximately mile 159.49, in the vicinity of Chambord, Quebec, the Canadian National Railway Company conducted switching operations on a crossing surface, in a manner that obstructed a public grade crossing for more than five minutes, when vehicular traffic was waiting to cross, thereby violating subsection 97(2) of the Grade Crossings Regulations, namely from approximately:

1. 13:29 to 13:39;
2. 17:31 to 17:40; and
3. 19:16 to 19:22.

Administrative Monetary Penalty: $70,500.00

2. On or about October 8th 2019, at times specified hereunder on the Lac St-Jean Subdivision at approximately mile 159.49, in the vicinity of Chambord, Quebec, the Canadian National Railway Company left railway equipment standing on a crossing surface and/or conducted switching operations at that place, in a manner that obstructed a public grade crossing for more than five minutes, when vehicular traffic was waiting to cross, thereby violating subsection 97(2) of the Grade Crossings Regulations, namely from approximately:

1. 6:14 to 6:22;
2. 6:33 to 6:53;
3. 7:46 to 7:53; and
4. 15:11 to 15:18.

Administrative Monetary Penalty: $97,916.00

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

On or about November 1st 2019, as a railway company, Quebec North Shore & Labrador Railway failed to file with the Minister, at the Minister’s request, the safety management system (SMS) documents listed below, thereby violating section 37 of the Railway Safety Management System Regulations, 2015; namely, failed to file:

• an up-to-date copy of the directory of the SMS processes implemented;
• the objectives of the SMS as well as its related initiatives for the current calendar year;
• a written description of each initiative to be implemented to reach each objective and a written explanation of how the initiative will contribute to reaching each objective; and
• the most recent annual report containing the findings of the control activities for the implementation of the SMS.

The penalty amount was paid on October 29, 2020.

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 December 12, 2019, at approximately 8:20 EST near mile 86.8 on the Sherbrooke subdivision, or thereabouts, Central Maine and Quebec Railway Canada Inc. (CMQR) operated railway equipment on a railway otherwise than in compliance with rule 112 (a) of the Canadian Rail Operating Rules that apply to CMQR, as rail car number WRWK 728350, that had been left without an air source by the crew of CMQR train no 2, was unattended for more than two (2) hours on the Magog siding of the aforesaid subdivision without an additional method of securement, thereby violating section 17.2 of the Railway Safety Act.

The penalty was paid on September 28, 2020.

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 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.