Railway Administrative Monetary Penalties

On or about July 20, 2023, at approximately 2:02 PM, in the vicinity of the Sept-Iles Jct controlled location, Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated a railway otherwise than in accordance with Rule 80(a) of the Canadian Rail Operating Rules applicable to QNS&L, when train MN056S obstructed the main track, governed by the Centralized Traffic Control System Rules (CTC), without authorization, by passing signal 89B displaying the indication STOP (designated in Rule 439) thereby violating Section 17. 2 of the Railway Safety Act.

The penalty amount was paid on July 23, 2024.

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, as the locomotive engineer of train CN X37631 21, after passing a signal indicating Restricted Speed, you failed to comply with the indication by operating the movement at 40 mph and failing to stop within half the range of vision of equipment, namely train EXO 1212 which you collided with, thereby violating rule 436 of the Canadian Rail Operating Rules.

The individual has 30 days to pay the penalty or request a review at the Transportation Appeal Tribunal of Canada.

On or about June 23, 2023 at approximately 6:04 PM, in the vicinity of the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rules 80(a) when train A40021-23 occupied the freight track between signals 036N1 and 059N1, governed by CTC rules, without authority, thereby violating subsection 17.2 of the Railway Safety Act.

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

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, as the conductor of train CN X37631 21, you failed to take immediate action to ensure the safety of the movement, allowing the train to exceed the speed requirements and collide with train EXO 1212, thereby violating rule 33 of the Canadian Rail Operating Rules.

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

On or about November 21, 2023 at approximately 6:27 PM, in the vicinity of the St-Leonard commuter station in Montreal, Quebec, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rules 33 and 436 when train X37631 20 failed to operate at restricted speed and collided with EXO Train 1212, thereby violating subsection 17.2 of the Railway Safety Act.

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

1. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation 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 the Rules Respecting Track Safety (herein after “the TSRs”) and safe for movements at normal speed, thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $35,250.00

2. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation Inc. operated or maintained a railway otherwise than in accordance with Part II, subpart C, section 6.1 of the TSR, track at mile thereby violating section 17.2 of the Railway Safety Act when the deviation from zero cross level on class 2 tangent track at mile 189.687 was more than two inches.

Administrative Monetary Penalty: $35,250.00

3. Between June 6 and June 7, 2023, on the Montreal Subdivision in the province of Quebec QC, CSX Transportation Inc. operated or maintained a railway otherwise than in accordance with Part II, subpart V, item (c) of the TSR, thereby violating section 17.2 of the Railway Safety Act when over 100 joint bars were found to be cracked or broken between the middle two bolt holes.

Administrative Monetary Penalty: $76,374.00

The penalty amount was paid on May 28, 2024.

On or about May 6, 2023, in Côte Saint-Luc yard in Montreal, Quebec, Canadian Pacific Railway Company failed to comply with an order pursuant to section 31 of the Railway Safety Act issued on August 23, 2016 when its employees failed, during switching operations, to verify the presence of equipment on track DT 28 before cutting in motion (kicking) a railway car.

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

On February 22, 2023, at approximately 9:33 p.m., at the controlled location of Mai on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated railway equipment otherwise than in accordance with Rule 80(a) of the Canadian Rail Operating Rules applicable to QNS&L, when train W039C, governed by the Centralized Traffic Control System Rules (CTC), obstructed the main track without authorization by failing to stop a movement in advance of signal 1283 that was indicating STOP (Rule 439), thereby violating section 17. 2 of the Railway Safety Act.

The penalty amount was paid on March 8, 2024.

In the period between January 18, 2023 and May 19, 2023, or thereabouts, the St. Lawrence & Atlantic Railroad (Québec) Inc., conducting business in Richmond, Quebec in accordance with its operating certificate, failed to conduct analyses of its railway operations based on the minimum criteria’s set out in section 13 of the Railway Safety Management System Regulations, 2015, specifically:

(d) the results of any inspections conducted by the railway company;

(g) any data from safety monitoring technologies;

(i) the findings of any audit reports;

Thereby violating section 13 of the Railway Safety Management System Regulations, 2015.

The penalty amount was paid on February 19, 2024.

1. On or about January 31, 2023 at approximately 1h01, in the vicinity of the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rule 80(a) when train A40021-30 occupied the Freight track between signals 036N1 and 059N1, governed by CTC rules, without authority, thereby violating subsection 17.2 of the Railway Safety Act.

2. On or about January 31, 2023 at approximately 1h08, in the vicinity the Turcot Ouest controlled location, Montreal Subdivision, Canadian National Railway Company operated a railway otherwise than in accordance with Canadian Rail Operating Rule 104.2(b), when the crew of train A40021-30 failed to line dual control switches by hand without being relieved by the RTC to do so, thereby violating subsection 17.2 of the Railway Safety Act.

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

On March 9, 2023, at approximately 7:22 a.m., near Montreal-West (Loyola controlled location), Quebec, on the CP Westmount Subdivision, Réseau de transport métropolitain (RTM) operated railway equipment other than in accordance with Canadian Rail Operating Rule 80(a), which applies to RTM. This occurred when train EXO 172 obstructed the main track, which is governed by the Centralized Traffic Control System (CTC) Rules, without authority by passing Signal 42-3 that was indicating STOP (designated in Rule 439), thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on January 16, 2024

On January 13, 2023, at approximately 5:36 p.m., near Repentigny, Quebec, on the CN Mascouche Subdivision, Réseau de transport métropolitain (RTM) operated railway equipment on a railway other than in accordance with Canadian Rail Operating Rule 80(a), which applies to RTM. This occurred when train EXO 1207 obstructed the main track, which is governed by the Centralized Traffic Control System (CTC) Rules, without authority by passing Signal 02 that was indicating STOP (designated in Rule 439), thereby violating section 17.2 of the Railway Safety Act.

The penalty amount was paid on January 16, 2024

On or about March 8th, 2023, at various times between approximately 13:20 and 13:54, on the Roberval Subdivision, in the vicinity of St-Félicien, Quebec, the Canadian National Railway Company left railway equipment standing at the mile 30.93 Sacré-Coeur Boulevard grade crossing or thereabouts, in a manner that caused the activation of the warning system, 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

On or about January 31st, 2023, in the vicinity of Mile 125.8 on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated a track unit other than in accordance with Rule 803 of the Canadian Rail Operating Rules (CROR) applicable to QNS&L, when track unit BR211 occupied the main track without authorization between Signal 1258 and Signal 1257, in violation of Section 17.2 of the Railway Safety Act.

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

On or about October 3rd, 2022, in the vicinity of Mile 15.5 on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated a track unit other than in accordance with Rule 803 of the Canadian Rail Operating Rules (CROR) applicable to QNS&L, when track unit OT-28 occupied the main track without authorization between Signal 155 and Signal 156B, 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 September 2nd, 2022, while subject to duty on rail assignment YPC011-22 in the Pointe St-Charles area of Montréal, an individual used a mood-altering agent or intoxicant, namely a marijuana product, in violation of General Rule G of the Canadian Rail Operating Rules.

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

Between August 23rd and September 19th, 2022 or thereabouts, the Canadian National Railway Company (CN) failed to maintain a record of all safety inspections for the cars it placed in service at CN Joffre Safety Inspection Location on or about August 23rd, 2022 or failed to make that information available to a Railway Safety Inspector upon request, thereby violating section 4.9 of the Railway Freight Car Inspection & Safety Rules.

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

1. On or about June 28, 2022, between 08:57 and 09:18 or thereabouts on its Montmagny Subdivision in the vicinity of the St-André, QC, the Canadian National Railway Company (CN) operated or maintained a railway otherwise than in accordance with rule 803 (a) of the Canadian Rail Operating Rules (CRORs) that apply to CN, thereby violating section 17.2 of the Railway Safety Act (hereinafter, the Act), more specifically a CN track unit occupied a main track between signals 284D and 175D without authorization.

Administrative Monetary Penalty: $83,600.00

2. On or about June 28, 2022, at approximately 09:15 in the vicinity of St-André, QC, CN operated track units otherwise than in accordance with Rule 125 of the CRORs that apply to CN, as its employee failed to follow Emergency Communication Procedures to transmit and 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 a track unit occupied a main track between signals 284D and 175D without authorization on CN’s Montmagny subdivision, thereby violating section 17.2 of the Act.

Administrative Monetary Penalty: $33,000.00

3. On or about July 5, 2022, between 11:52 and 12:08 or thereabouts on its Val d’Or Subdivision in the vicinity of Malartic, QC, CN operated or maintained a railway otherwise than in accordance with rule 803 (b) of the CRORs that apply to CN, thereby violating section 17.2 of the Act, more specifically, track work was being performed at or near mile 53 of the subdivision without authorization.

Administrative Monetary Penalty: $83,600.00

4. On or about July 5, 2022, at approximately 11:53 in the vicinity of Malartic, QC, CN operated track units otherwise than in accordance with Rule 125 of the CRORs that apply to CN, as its employee failed 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 a track unit occupied the track at or near mile 53 on CN’s Val d’Or subdivision, thereby violating section 17.2 of the Act.

Administrative Monetary Penalty: $30,750.00

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

1. Between approximately May 30th and June 14, 2022, on the Taschereau Subdivision between mile 1.8 near or at Senneterre and mile 97.8 near or at La Sarre, as well as on the Chapais Subdivision between mile 0.0 near or at Barraute and mile 76.35 near or at Franquet, the Canadian National Railway (hereinafter, CN) 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 of the Rules respecting Track Safety (herein after “the TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $48,958.00

2. Between approximately May 30th and June 14, 2022, on the Chapais Subdivision at or near mile 17.26 in the vicinity of Rochebaucourt, Quebec, where at the frog point of Switch BQ22 the guard check gauge was less than the limits prescribed in Part II Subpart D of the TSRs, CN failed to halt operations over that line of track or bring it into compliance, thereby violating Part I section 6.2 of the TSRs.

Administrative Monetary Penalty: $35,250.00

3. Between approximately May 30th and June 14, 2022, CN operated or maintained a railway otherwise than in accordance with Part II Subpart D II of the TSRs, thereby violating section 17.2 of the Railway Safety Act, more specifically:

• on the Taschereau Subdivision at or near mile 59.09 and mile 85.10, as well as on the Chapais Subdivision at or near mile 3.85, 27.3, 36.2 & 41.97, by operating railway equipment on Class 1 and 2 conventional jointed tracks where rail joints weren’t supported by at least one crosstie of the type specified, whose centerline is within 24 inches of said rail joint location, and

• on the Taschereau Subdivision between mile 1.8 and mile 97.8, as well as on the Chapais Subdivision between mile 0.0 and mile 76.35, by operating railway equipment on Class 1 and 2 conventional jointed tracks where each rail was not bolted with at least two bolts at each joint.

Administrative Monetary Penalty: $76,374.00

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

1. Between approximately July 22nd and 28th, 2022, on the Mont-Joli Subdivision between mile 0 at or near Campbellton, NB and mile 188.8 at or near Rivière-du-Loup, QC, the Canadian National Railway (hereinafter, CN) 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 of the Rules respecting Track Safety (herein after “the TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $48,958.00

2. Between approximately July 22nd and 28th, 2022, on the Mont-Joli Subdivision between mile 36.128 and mile 179.081, or thereabout, CN operated or 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:

(i) the minimum number and type of crossties specified in the TSR, effectively distributed to support the entire segment;

(ii) 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

(iii) at least one (1) crosstie of the type specified, which is located within 18 inches of each joint location.

Administrative Monetary Penalty: $117,500.00

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

1. Between approximately August 1st and 9th, 2022, on the St-Maurice Subdivision between mile 0 at or near Fitzpatrick, in the vicinity of La Tuque, QC and mile 257 at or near Senneterre, QC, the Canadian National Railway (hereinafter, CN) 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 of the Rules respecting Track Safety (herein after “the TSRs”), thereby violating Part I section 6.1 of the TSRs.

Administrative Monetary Penalty: $79,900.00

2. Between approximately August 1st and 9th, 2022, on the St-Maurice Subdivision between mile 76.63 and mile 174.60, or thereabouts, CN operated or 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 rail joint was not supported by at least one (1) crosstie of the type specified, which is located within 18 inches of each joint location.

Administrative Monetary Penalty: $98,700.00

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

On or about June 11, 2022 between approximately 16:26 and 16:57 EDT in the vicinity of Delson, QC, the Canadian Pacific Railway Company (CP) left railway equipment of train 223-10 standing on two grade crossings of CP’s Adirondack subdivision, respectively at miles 34.58 & 34.43, or conducted switching operations thereat, in a manner that obstructed those public grade crossings for more than five minutes when vehicular traffic was waiting to cross them, 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 April 12, 2022, at approximately 17:17 (EDT) on the Canadian National Railway Company's (CN) Butler Spur, CN operated railway equipment on a railway otherwise than in accordance with Rule 439 of the Canadian Rail Operating Rules that apply to CN, when its employees on CN train L52321-12 failed to stop a movement in advance of signal 328RA that was indicating 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 May 3rd 2022, at the Senneterre Yard, the Canadian National Railway Company (CN) operated equipment otherwise than in compliance with Rule 112(c) of the Canadian Rail Operating Rules that apply to CN, when its employees left railway cars unattended on Track AS08 and, by improperly testing hand brake effectiveness, failed to ensure that the equipment was secured to prevent it from moving unintentionally, thereby violating section 17.2 of the Railway Safety Act.

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

1.On or about March 26, 2022, at approximately 05:20 (EDT), in the vicinity of mile 36. 3 on the Wacouna Subdivision, Quebec North Shore & Labrador Railway (QNS&L) operated railway equipment on a railway otherwise than in compliance with Rule 439 of the Canadian Rail Operating Rules (CROR) applicable to QNS&L, when train CH-212-H failed to stop at the ABSOLUTE STOP signal 363B, thereby violating Section 17.2 of the Railway Safety Act.

Administrative monetary penalty: $33,000.00

2.On or about March 26, 2022, at approximately 05:20 (EDT), on the Nicman North Siding of the Wacouna Subdivision, QNS&L operated railway equipment on a railway otherwise than in compliance with Rule 105(b) of the CROR applicable to QNS&L, when movement CH-212-H operated at a speed in excess of fifteen (15) mph while on a non-main track, in violation of Section 17.2 of the Railway Safety Act.

Administrative monetary penalty: $33,000.00

The penalty amount was paid on April 18, 2023.