Railway Administrative Monetary Penalties

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.