Railway Administrative Monetary Penalties

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 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 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.

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

The penalty amount was paid on December 13, 2021.

On or about October 24, 2016 at or near Smith Falls, Ontario, on the Belleville Subdivision, CP committed a violation by operating railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to CP when its employees failed to stop a movement at a STOP signal.

On or about October 15, 2016 at or near Toronto, Ontario, on the Mactier/Galt Subdivision, Canadian Pacific Railway Company committed a violation by operating railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to CP Rail when its employees failed to stop a movement at a STOP signal.

On or about August 21, 2016 at or near North Toronto, Ontario, on the North Toronto Subdivision, CP committed a violation by operating railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail 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 August 28, 2019.

The penalty amount was paid on October 3, 2019.

On or about October 19, 2016 on the Brazeau Subdivision between approximately mile 0 to mile 25, in the Lacombe County, near Blackfalds, Alberta, CN 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.

The Transportation Appeal Tribunal of Canada rendered its decision on December 16, 2021.

The monetary penalty was dismissed.

On or about October 20, 2016 on the Camrose Subdivision between approximately mile 75 to mile 95.1, in the City of Camrose, Alberta, CN 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.

The Transportation Appeal Tribunal of Canada rendered its decision on December 16, 2021.

The monetary penalty was dismissed.

On or about September 5, 2016 at or near Bayview, Ontario, VIA Rail Canada Inc. operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to VIA Rail Canada Inc, when its employees failed to stop a movement at a STOP signal.

The Transportation Appeal Tribunal of Canada rendered its decision on March 20, 2018.

The penalty amount was paid on May 9, 2018.

On or about October 22, 2015 in Welland, Ontario, Canadian Pacific Railway failed to ensure that the freight car placed or continued in service was 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 NRLX 528238 while it had a couple knuckle that was broken or cracked on the inside pulling face of the knuckle, contrary to Rule 15.1(b) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about October 22, 2015 in Welland, Ontario, Canadian Pacific Railway 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 355194 and Car CP 355221 while they had a coupler with an inoperative lock lift or a coupler assembly that did not have anti-creep protection to prevent unintentional unlocking of the coupler lock, contrary to Rule 15.1(f) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about November 10, 2015 in Agincourt (Toronto Yard), Ontario, CP failed to ensure that the freight car placed or continued in service was 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 CN 710874 while a vertical coupler pin retainer plate was missing, contrary to Rule 16.1(c)i)of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about November 13, 2015 in Agincourt (Toronto Yard), Ontario, Canadian Pacific Railway failed to ensure that the freight car placed or continued in service was 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 CN 710874 while a vertical coupler pin retainer plate was missing, contrary to Rule 16.1(c) i) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about December 2, 2015 in Alliston Yard, Ontario CP failed to ensure that the freight car placed or continued in service was 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 TTGX 973665 while a car cushioning unit was broken, inoperative or missing a part, contrary to Rule 16.1(h) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about December 3, 2015 in Alliston Yard, Ontario, CP failed to ensure that the freight car placed or continued in service was 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 TTGX 973665 while a car cushioning unit was broken, inoperative or missing a part, contrary to Rule 16.1(h) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

On or about March 2, 2016 in Wolverton, Ontario, the CP failed to ensure that the freight car placed or continued in service was 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 TTGX 254161 while a car cushioning unit was broken, inoperative or missing a part, contrary to 16.1(h) of the Railway Freight Car Inspection and Safety Rules.

Administrative Monetary Penalty: $8,381.75

The penalty amount was paid on June 28, 2016.

On or about March 1, 2016, at or near Regina, Saskatchewan, Cando Rail Services Ltd. left car GATX 67963 unattended on run around track RA 28 of the CN Quappelle Subdivision, without a sufficient number of hand brakes applied and determined sufficient through an effectiveness test, thereby violating Rule 112(d) of the Canadian Rail Operating Rules and section 17.2 of the Railway Safety Act, by operating railway equipment on a railway otherwise than in accordance with the rules made under sections 19 or 20 that apply to Cando Rail Services Ltd.

Administrative Monetary Penalty: $50,666.16

On or about March 1, 2016, at or near Regina, Saskatchewan, Cando Rail Services Ltd. operated railway equipment on a railway otherwise than in accordance with Rule 125 of the Canadian Rail Operating Rules that apply to Cando Contracting Ltd., by having its employee failing 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 car GATX 67963 rolled uncontrolled onto CN Main Track, thereby violating section 17.2 of the Railway Safety Act.

Administrative Monetary Penalty: $50,666.16

The Transportation Appeal Tribunal of Canada rendered its decision on February 5, 2019.

The penalty amount was paid on March 10, 2019.

On or about September 22, 2015 at the road-railway public grade crossing located at Mile 144.60 on the Rivers Subdivision at Highway 25 in Rivers, Province of Manitoba, CN allowed equipment to stand as to cause the unnecessary operation of warning devices, thereby violating Rule 103.1(e) of the Canadian Rail Operating Rules.

The Transportation Appeal Tribunal of Canada rendered its decision on February 18, 2019.

The penalty amount was paid on April 8, 2019.