Order pursuant to Section 32.01 of the Railway Safety Act

Transport Canada
427 Laurier Avenue, 14th Floor
Ottawa, Ontario, K1A ON5
January 16, 2019

Mr. Mitch Beekman
Vice-President, Safety and Sustainability Officer
Canadian National Railway Company
935 de la Gauchetière Street West
Montréal, Quebec
H3B 2M9

Dear Mr. Mitch Beekman:

As you are aware, Transport Canada issued an administrative monetary penalty to the Canadian National Railway Company (CN) on November 29, 2018, regarding non-compliance to the Grade Crossings Regulations for a blocked crossing located at Mile 0.75 on the Camrose Subdivision, Edmonton, Alberta.

On December 7, 2018, Transport Canada received a complaint from a citizen regarding this same crossing and followed-up with CN. A download of December 6, 2018, from the camera located at the crossing was requested, and received, from CN. The video footage was able to confirm that the crossing was blocked for approximately 42 minutes, from 18:07 and 18:49.

Furthermore, from the video footage, at approximately 18:25, two pedestrians, one after the other, can be seen crawling under the train. The second pedestrian cleared the two tracks on the crossing at approximately 18:25:40. Immediately after, the train began to move. 

The issue of persons crawling under a train could reasonably be expected to result in a situation where a person could be injured and constitutes a threat to safe railway operations.

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

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 February 15, 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

Please note, the issuance of this Order does not preclude the department from taking enforcement action should it determine there was non-compliance to a regulatory requirement.

Should you have any questions, please contact Ms. Jacqueline Booth, 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,

Brigitte Diogo
Director General
Rail Safety

c.c.:  Mr. E. Harvey, CN  Ms. L. Macleod, CN

MO 19-02

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.

The issue of persons crawling under a train, or between cars on a train, at the grade crossing or in the vicinity of the grade crossing located at Mile 0.75 on the Camrose Subdivision, Edmonton, Alberta, is a safety issue which could result in a situation where a person could be injured and constitutes a serious threat to safe railway operations.

Therefore, in the interest of safe railway operations and pursuant to section 32.01 of the RSA, the Canadian National Railway Company (CN) is hereby ordered to:

  1. Prior to moving a train which is left standing on the grade crossing located at Mile 0.75 on the Camrose Subdivision in Edmonton, Alberta, CN must ensure that no person is attempting to traverse the train at the grade crossing, or in the vicinity of the grade crossing.
  2. Submit to Transport Canada the measures, CN will undertake to ensure it is compliant with Item No. 1.

This order shall take effect on January 16, 2019, 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 you intend to request a review of this Order, you must file a request in writing with the Tribunal, which must be postmarked no later than February 15, 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.

Brigitte Diogo
Director General, Rail Safety
January 16, 2019