Order pursuant to Section 32.01 of the Railway Safety Act

Transport Canada
427 Laurier Avenue, 14th Floor
Ottawa, Ontario, K1A 0N5
September 6, 2019

Mr. Ryan Ratledge
President and Chief Operating Officer
Central Maine and Quebec Railway Canada Inc.
700 Main Street, Suite 3
Bangor, ME (USA)
04401

Dear Mr. Ratledge:

As you are aware, on August 24, 2019, a Central Maine and Quebec Railway Canada Inc. (CMQR) rail car derailed at mile 3.55 of the Sherbrooke Subdivision near Nantes, Quebec.

Prior to August 24, 2019 a review of inspection records by Rail Safety Inspectors, related to track inspections conducted on this subdivision by the CMQR, revealed a certain number of deficiencies with the track structure. Moreover, Transport Canada inspections held between

April 29th and May 1st, 2019 on this subdivision revealed further defects.

For these reasons, please find an Order issued pursuant to section 32.01 of the Railway Safety Act (RSA) for your action. This Order requires CMQR to implement the safety measures identified in the attached Ministerial Order.

If you intend to initiate a review of the Order, you must file a request in writing with the Transportation Appeal Tribunal of Canada (Tribunal), no later than October 6, 2019.

The Tribunal has prepared a Guide for Applicants that you may obtain from the Tribunal's Registrar at the address below. Requests for review must be filed with:

The Registrar
Transportation Appeal Tribunal of Canada
333 Laurier Avenue West, Room 1201
Ottawa, Ontario
K1A 0N5
http://www.tatc.gc.ca

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister under subsection 32.1(5) or 32.2.(3) of the RSA.

Should you have any questions, please contact Ms. Jacqueline Booth, Acting Director, Regulatory Affairs at 613-990-8690 or jacqueline.booth@tc.gc.ca. Alternatively, if you would like to discuss technical aspects of this issue, please contact Ms. Stephanie Lines, Director, Operations Management at 613-990-7745 or stephanie.lines@tc.gc.ca.

Thank you for your anticipated cooperation.

Sincerely,

Stephanie Lines for/

Brigitte Diogo
Director General
Rail Safety

c.c.:

Mr. Dan Fransen, CMQR
Mr. Chad Mowery, CMQR

MO 19-04

Section 32.01 of the Railway Safety Act (RSA) provides the Minister of Transport with the authority to order a company, road authority or municipality to stop any activity that might constitute a threat to safe railway operations or to follow the procedures or take the corrective measures specified in the order, including constructing, altering, operating or maintaining a railway work.

On August 24, 2019, a Central Maine and Quebec Railway Canada Inc. (CMQR) rail car derailed at mileage 3.55 of the Sherbrooke Subdivision near Nantes, Quebec.

Prior to August 24, 2019 a review of inspection records by Rail Safety Inspectors, related to track inspections conducted on this subdivision by the CMQR, revealed a certain number of deficiencies with the track structure.

Moreover, Transport Canada inspections held between April 29th and May 1st, 2019 on this subdivision revealed further defects.

Given the aforementioned, I find it necessary in the interest of safe railway operations to order, pursuant to section 32.01 of the RSA, CMQR to:

  1. For the defects currently protected by “Temporary Slow Orders” (TSO) at 10 miles per hour, and referred to in Item 5 below, notify Transport Canada once repair work has been completed and reviewed by the Director of Engineering of the company, prior to the removal of the TSO, in order to allow Transport Canada to follow-up with an inspection.
  2. Increase the number of Ultrasonic Rail Inspections on the CMQR Sherbrooke Subdivision to three (3) times within the next twelve (12) months, as per the following timetable and submit the inspections results to Transport Canada for review:
    • Between September 1 and October 31
    • Between January 1 and February 28
    • Between May 1 and June 30
  3. Conduct an internal review of its certification and training program of track supervisors and track inspectors to ensure that they know and understand the requirement of the Rules Respecting Track Safety, can detect deviations from the rules and prescribe appropriate remedial action to correct or safely compensate for those deviations and report the findings back to Transport Canada by no later than October 15, 2019.
  4. Provide Transport Canada with its capital infrastructure plan for the Sherbrooke Subdivision for 2019-2020 coupled with a detailed schedule indicating when the repairs will be made.
  5. Repair the defects (including mud spots and ballast conditions) that were identified at mileposts 3.55; 24.98; 59.08; 62.48; 65.95; 66.64; 68.10; 70.39; 91.00; 98.90; 109.00; 101.80 of the Sherbrooke Subdivision by no later than October 15th, 2019.

This Order is effective immediately and will remain in effect until it is cancelled in writing by the Minister of Transport.

Pursuant to subsection 32.1(1) of the RSA, a person to whom a notice that contains an order is sent under section 32.01 of the RSA may, on the date specified in the order, file a request for a review with the Transportation Appeal Tribunal of Canada (Tribunal).

If CMQR intends to request a review of this Order, a request must be filed in writing with the Tribunal, on or before October 6, 2019.

Pursuant to section 32.3 of the RSA an order issued under section 32.01 of the RSA shall not be stayed pending a review requested under section 32.1, an appeal under section 32.2 or a reconsideration by the Minister of Transport under subsection 32.1(5) or 32.2.(3) of the RSA.

Stephanie Lines
A/Director General, Rail Safety
September 6, 2019