Railway Administrative Monetary Penalties

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 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.

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 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 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.

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 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 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.