Order pursuant to Section 32.01 of the Railway Safety Act

Transport Canada
427 Laurier Avenue, 14th Floor
Ottawa, Ontario, K1A ON5
February 8, 2019

Please See Attached List

Dear Sir /Madame:

On February 4, 2019, a Canadian Pacific Railway Company train, Number 301, was proceeding westward to Vancouver, British Columbia (BC) when the train was brought to a stop on a mountain grade using an emergency brake application. After a period of time, the train began to move and accelerated to a speed in excess of the maximum track speed and derailed. A total of 99 cars and 2 locomotives derailed between the Upper and the Lower Spiral Tunnel near Field, BC (Laggan Subdivision). The train crew on board consisted of a locomotive engineer, a conductor and a conductor trainee; all were fatally injured.

As the exact cause of the accident remains unknown and in the interest of safe railway operation and to prevent further accidents‎ in like circumstances, please find an Order issued pursuant to section 32.01 of the RSA for your action. This Order requires all railway companies and local railway companies listed in Appendix B 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 March 10, 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, 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. G. Doherty, TCRC-MWED
Ms. L. Cyr, TCRC-MWED
Mr. L. Couture, IBEW
Mr. K. Neumann, USW
Mr. T. Lundblad, USW
Mr. C. Crabtree, ATU
Mr. S. Pickthall, IAMAW
Mr. D. Ashley, TCRC
Ms. L. Robillard, TCRC
Mr. B. Snow, UNIFOR
Mr. E. Féquet, TUT

MO 19-03

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 the order, including constructing, altering, operating or maintaining a railway work.

On February 4, 2019, a Canadian Pacific Railway Company train, Number 301, was proceeding westward to Vancouver, British Columbia (BC) when the train was brought to a stop on a mountain grade using an emergency brake application. After a period of time, the train began to move and accelerated to a speed in excess of the maximum track speed and derailed. A total of 99 cars and 2 locomotives derailed between the Upper and the Lower Spiral Tunnel near Field, BC (Laggan Subdivision). The train crew on board consisted of a locomotive engineer, a conductor and a conductor trainee; all were fatally injured.

As the exact cause of the accident remains unknown, I find it necessary in the interest of safe railway operation and to prevent further accident‎ in like circumstances, to order, pursuant to section 32.01 of the RSA, all railway companies and local railway companies listed in Appendix B to:

  1. When a train is stopped by an emergency brake application on a grade of 1.8% or greater (i.e. mountain grade), immediately apply a sufficient number of handbrakes, in accordance with the attached Appendix A, before recharging the air brake system to prevent involuntary movement of the equipment.

This Order shall take effect on February 8, 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 March 10, 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
February 8, 2019

Appendix A

Total Trailing Tons:

Average Grade is Equal To or Less Than

0.2%

0.4%

0.6%

0.8%

1.0%

1.2%

1.4%

1.6%

1.8%

2.0%

2.2%

2.4%

> 2.4%

0 - 2000

2

2

2

4

6

6

8

10

10

12

12

14

> 2000 - 4000

2

2

4

6

8

12

14

16

18

20

22

26

> 4000 - 6000

2

6

6

10

14

16

20

24

28

30

34

38

> 6000 - 8000

4

6

8

12

18

22

26

32

36

42

46

52

> 8000 - 10000

4

6

10

16

22

28

34

40

46

52

58

66

> 10000 - 12000

4

8

12

20

26

34

40

48

56

64

72

80

> 12000 - 14000

6

8

14

22

30

40

48

58

66

76

84

96

> 14000 - 16000

6

10

16

26

36

46

56

66

76

88

98

110

> 16000 - 18000

6

10

18

28

40

50

62

74

86

100

112

126

> 18000 - 20000

8

12

20

32

44

58

70

84

98

112

128

146

> 20000 - 22000

8

12

22

36

50

64

78

94

110

100%
Hand
Brakes

> 22000 - 24000

8

12

24

38

54

70

86

104

122

> 24000 - 26000

10

14

26

42

58

76

94

112

134

> 26000 - 28000

10

14

28

46

64

82

104

124

148

> 28000 - 30000

12

16

30

50

68

90

110

136

162

> 30000

12

16

34

52

74

96

120

148

172

Appendix B

9961526 Canada Limited
Arnprior Nepean Railway Co. Inc.
Battle River Railway NGC Inc.
Big Sky Railway Corp.
BNSF Railway Company
Boundary Trail Railway Company, Inc.
Canadian National Railway Company
Canadian Pacific Railway Company
Cando Rail Services Ltd.
Canfor Pulp Ltd. – Northwood Division
Cape Breton & Central Nova Scotia Railway Ltd.
Cargill Limited – Cargill Limitée
Carlton Trail Railway Company
Central Maine and Quebec Railway Canada Inc.
Central Manitoba Railway Inc.
Chemin de fer de Québec-Gatineau Inc.
Chemin de fer Orford Express Inc.
Chemin de fer Sartigan
City of Ottawa carrying on business as Capital Railway
Compagnie du Chemin de fer Roberval-Saguenay
CSX Transportation, Inc.
Eastern Maine Railway Company
Essar Steel Algoma Inc.
GIO Railways Corporation
Goderich-Exeter Railway Company Limited
Great Canadian Railtour Company Ltd.
Great Sandhills Railway Ltd.
Great Western Railway, Ltd.
Hudson Bay Railway Company
Huron Central Railway Inc.
Kamloops Heritage Railway Society
Keewatin Railway Company
Kettle Falls International Railway Company
Knob Lake and Timmins Railway Company Inc.
Koch Fertilizer Canada, ULC
Lake Line Railroad Inc.
Last Mountain Railway
Maska-Wa Transportation Association Inc.
Metrolinx
National Railroad Passenger Corporation (AMTRAK)
Nipissing Central Railway Company
Norfolk Southern Railway Company
Ontario Northland Transportation Commission
Ontario Southland Railway Inc.
Pinnacle Renewable Energy Inc.
Port Stanley Terminal Railway Incorporated
Prairie Rail Solutions Ltd.
Prudential Steel ULC
Quebec North Shore and Labrador Railway Company
RaiLink Canada Ltd.
Railserve Inc.
Réseau de Transport Métropolitan
Rio Tinto Alcan
RTC Rail Solution Ltd.
Société du chemin de fer de la Gaspésie
Southern Ontario Locomotive Restoration Society
Southern Rails Co-operative Ltd.
Southern Railway of British Columbia Limited
South Simcoe Railway Heritage Corporation
St. Lawrence & Atlantic Railroad (Québec) Inc.
St. Paul & Pacific Northwest Railroad Company, LLC
Stewart Southern Railway Inc.
The Essex Terminal Railway Company
The Toronto Terminals Railway Company Limited
The Vintage Locomotive Society Inc.
Thunder Rail Ltd.
Torch River Rail Inc.
Trillium Railway Co. Ltd.
Trillium Railway Co. Ltd. (Port Colborne Harbour Railway)
Tshiuetin Rail Transportation Inc.
Union Pacific Railroad Company
VIA Rail Canada Inc.
West Coast Express Limited
West Coast Railway Association
White Pass and Yukon Route Railroad
York-Durham Heritage Railway

Date modified: