Railway Administrative Monetary Penalties

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.

On or about June 06, 2019 on the Expanse Subdivision between approximately mile 0 to mile 60, near Moose Jaw, Saskatchewan, the Canadian Pacific Railway Company operated railway equipment on a railway otherwise than in accordance with Part II Subpart D V.(d) of the Rules Respecting Track Safety by operating railway equipment on conventional jointed track, when each rail was not bolted with at least two bolts at each joint in Classes 2 through 5 track thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on July 22, 2020.

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 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 about October 25, 2018, at approximately mile 6.1 on the Edson Subdivision, at or near Edmonton, Alberta, the Canadian National Railway Company operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules when Train Q11651-23 failed to stop at STOP signal 61S, 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 November 9, 2018, at approximately mile 136 on the Edson Subdivision, at or near Bickerdike, Alberta, the Canadian National Railway Company operated railway equipment otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules when Train A41251-08 failed to stop at STOP signal 1360, contrary to section 17.2 of the Railway Safety Act, thereby committing a violation under section 40.13(1) of said Act.

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

On or about October 17, 2018, at Mile 95.0 of the Wainwright Subdivision, the Canadian National Railway operated railway equipment on a railway otherwise than in accordance with rule 42(b) of the Canadian Rail Operating Rules when train M31741-15, in possession of the form Y, proceeded beyond the red signal located at the identifiable location stated in the GBO without receiving instructions from the foreman named in the GBO.

On or about November 4, 2018, at Mile 263.30 of the Wainwright Subdivision, the Canadian National Railway operated railway equipment on a railway otherwise than in accordance with rule 42(b) of the Canadian Rail Operating Rules when train L55751-04, in possession of the form Y, proceeded beyond the red signal located at the identifiable location stated in the GBO without receiving instructions from the foreman named in the GBO.

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

On or about July 30, 2018, on the Red Deer Subdivision, between approximately mile 78.2 and mile 83.7, in or near Niobe, Alberta, the Canadian Pacific Railway Company operated freight Train 468-29 carrying loaded tank cars of dangerous goods with a single operating crew member otherwise than in accordance with General Rule M (iii) of the Canadian Rail Operating Rules.

The penalty amount was paid on July 4, 2019.

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.

On or about June 17, 2018 at or near Bennett, Alberta between Miles 143 and 154 on Canadian Pacific Railway’s Brooks Subdivision, the Canadian Pacific Railway operated otherwise than in accordance with Rule 42(b) of the Canadian Rail Operating Rules when CP employees operating Train #CP 113-13 entered protected track limits stated in General Bulletin Order M744 without the authority of the named Foreman in effect at that time.

On or about June 17, 2018 at or near Bennett, Alberta between Miles 143 and 154 on Canadian Pacific Railway’s Brooks Subdivision, the Canadian Pacific Railway operated otherwise than in accordance with Rule 42(b) of the Canadian Rail Operating Rules when CP employees operating Train #CP 197-15 entered protected track limits stated in General Bulletin Order M744 without the authority of the named Foreman in effect at that time.

Administrative Monetary Penalty: $48,957.96

On or about June 17, 2018 at or near Bennett, Alberta between Miles 143 and 154 on Canadian Pacific Railway’s Brooks Subdivision, the Canadian Pacific Railway operated otherwise than in accordance with Rule 140 of the Canadian Rail Operating Rules when a Rail Traffic Controller aligned switches giving CP employees operating Train #CP 113-13 and Train #CP 197-15 a permissive signal which provided them with authority to enter protected track limits contrary to the instructions contained in General Bulletin Order M744 in effect at that time.

Administrative Monetary Penalty: $48,957.96

The penalty amount was paid on October 29, 2019.

On or about July 10, 2018, on the Lac La Biche Subdivision, between approximately mile 29 and mile 71, in Lac La Biche County, near Redwater, Alberta, the Canadian National Railway maintained a railway otherwise than in accordance with Part II Subpart D II.(d) of the Rules Respecting Track Safety by operating railway equipment on conventional jointed track in Class 1 and Class 2 track, when each rail joint was not supported by at least one crosstie in accordance with Part II Subpart D II.(c) of the Rules Respecting Track Safety thereby violating section 17.2 of the Railway Safety Act.

On or about July 11, 2018, on the Lac La Biche Subdivision, between approximately mile 113 and mile 220, in Lac La Biche County, near Conklin, Alberta, the Canadian National Railway maintained a railway otherwise than in accordance with Part II Subpart D II.(d) of the Rules Respecting Track Safety by operating railway equipment on conventional jointed track in Class 1 and Class 2 track, when each rail joint was not supported by at least one crosstie in accordance with Part II Subpart D II.(c) of the Rules Respecting Track Safety.

Administrative Monetary Penalty: $66,624.18

On or about July 11, 2018, on the Lac La Biche Subdivision between approximately mile 113 and 220, in Lac La Biche County, near Conklin, Alberta, the Canadian National Railway maintained a railway otherwise than in accordance with Part II Subpart D V.(d) of the Rules Respecting Track Safety by operating railway equipment on conventional jointed track, when each rail was not bolted with at least two bolts at each joint in Classes 2 through 5 track .

Administrative Monetary Penalty: $66,624.18

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

On or about December 6, 2018, at the road-railway public grade crossing located at Mile 0.75 on the Camrose Subdivision in Edmonton, Province of Alberta, CN allowed equipment to stand on the crossing surface and conduct switching operations in a manner that obstructed the public grade crossing for approximately 36:54 minutes beyond the permitted 5-minute period, when vehicular or pedestrian traffic was waiting to cross it, thereby violating subsection 97(2) of the Grade Crossings Regulations.

The penalty amount was paid on June 2, 2022.

(1) a. On or about March 10, 2018, at the road-railway public grade crossing located on the Camrose Subdivision in Edmonton, Alberta, CN allowed equipment to stand as to cause the unnecessary operation the warning system for approximately 5:34:49, thereby violating Subsection 97(1) of the Grade Crossings Regulations.

(1) b. On or about February 21, 2018, at the road-railway public grade crossing located on the Camrose Subdivision in Edmonton, Alberta, in two instances, CN allowed equipment to stand on the crossing surface, in a manner that obstructed the public grade crossing, once for approximately 01:03:12 and again, for approximately 11:26 beyond the permitted 5-minute period, when vehicular or pedestrian traffic was waiting to cross it, thereby violating Subsection 97(2) of the Grade Crossings Regulations.

(1) c. On or about March 8, 2018, at the road-railway public grade crossing located on the Camrose Subdivision in Edmonton, Alberta, in two instances, CN allowed equipment to stand on the crossing surface, in a manner that obstructed the public grade crossing, once for approximately 25:39 and again, for approximately 32:58 beyond the permitted 5-minute period, when vehicular or pedestrian traffic was waiting to cross it, thereby violating Subsection 97(2) of the Grade Crossings Regulations.

(1) d. On or about March 10, 2018, at the road-railway public grade crossing located on the Camrose Subdivision in Edmonton, Alberta, CN allowed equipment to stand on the crossing surface, in a manner that obstructed the public grade crossing for approximately 14:43 beyond the permitted 5-minute period, when vehicular or pedestrian traffic was waiting to cross it, thereby violating Subsection 97(2) of the Grade Crossings Regulations.

(1) e. On or about June 1, 2018, at the road-railway public grade crossing located on the Camrose Subdivision in Edmonton, Alberta, CN allowed equipment to stand on the crossing surface, in a manner that obstructed the public grade crossing for approximately 01:28:44 beyond the permitted 5-minute period when vehicular or pedestrian traffic was waiting to cross it, thereby violating Subsection 97(2) of the Grade Crossings Regulations.

The penalty amount was paid on June 2, 2022.

(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 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.

Between December 20, 2016 and January 9, 2017, at mile 112.8 of CN's Lac La Biche Subdivision at or near Edmonton, Alberta, CN did not ensure that the warning system was maintained in accordance with article 17.1 of the Grade Crossing Standards that requires that inspection and testing of warning systems be done in accordance with article 3.3.1 and 3.1.15 of AREMA Communications and Signals Manual thereby contravening subsection 93(2) of the Grade Crossings Regulations.

The Transportation Appeal Tribunal of Canada rendered its decision on April 20, 2020.

The penalty amount was paid on August 18, 2020.

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.