Question Period Note: Transportation Safety Board recommendations – Canadian Pacific train derailment in Field, BC

The Transportation Safety Board released its investigation report into the February 4, 2019 derailment near Field, BC.

• Our thoughts continue to be with those affected by the tragic derailment near Field, British Columbia on February 4, 2019.
• The Transportation Safety Board has completed a thorough investigation report on this derailment, which includes recommendations for Transport Canada.
• Transport Canada is carefully reviewing these recommendations. The department will not hesitate to take the necessary actions to make our railway system even safer for Canadians.
• Our next steps in this area will build on several important safety measures that Transport Canada has already put in place, including:
  o Implementing clear procedures for applying handbrakes to secure trains; and
  o Conducting training to ensure that employees are able to properly secure trains before leaving them unattended.

If pressed

• The RCMP also launched an investigation into the derailment. Any questions regarding this investigation should be directed to the RCMP.

• On March 31, 2022, the Transportation Safety Board (TSB) issued its final investigation report into the February 4, 2019, derailment of a Canadian Pacific grain train near Field, BC.
• In this occurrence, the 114-car train was stopped on a 2.2 % grade with air brakes applied (but no handbrakes) for almost three hours at -28 C when the train began to move uncontrolled due to excessive leakage from the air brakes. Three crew members, a locomotive engineer, a conductor and a conductor trainee were fatally injured.
• The department is required respond to the TSB recommendations within 90 days (by June 29, 2022).

Measures taken by Transport Canada after the Field derailment

• Immediately following the derailment in February 2019, Transport Canada issued a Ministerial Order to mandate the use of handbrakes when a train is stopped on a mountain grades grade to ensure trains were fully secured.
• After issuing the Ministerial Order, Transport Canada contracted with Sharma and Associates to conduct a review of train securement over heavy descending grades.
• The outcomes of this work were used to inform the department’s approval, in April 2020, of amendments to the Canadian Rail Operating Rules which prescribe how railways must secure equipment stopped on both heavy and mountain grades.

Additional Measures Taken to Reduce the Risk of Uncontrolled Movements

• Transport Canada has taken many steps to strengthen rail safety, including implementing strict rules to secure trains and prevent uncontrolled movements.
• In 2015, Transport Canada revised Rule 112 of the Canadian Rail Operating Rules on train securement, requiring handbrakes to be applied according to a chart that is based on train tonnage and grade.
• On October 8, 2020, Transport Canada issued a Ministerial Order that required the rail industry to adopt new practices designed to prevent uncontrolled movement while conducting switching operations. In October 2021, the department incorporated these measures into the Canadian Rail Operating Rules
• On March 10, 2021 Transport Canada issued Ministerial Orders, requiring railway companies to prevent uncontrolled movement due to an unintended release of a train’s air brakes, and to improve performance standards for roll-away protection (a feature designed to apply the air brakes when movement is detected).

Occupational Health and Safety

• Transport Canada conducted an investigation under Part II of the Canada Labour Code (CLC) into the three employee deaths. The OHS investigation report was sent to CP and CP’s local workplace health and safety committee on October 9, 2020 as required by the CLC.
• In relation to this investigation, a Direction was issued to Canadian Pacific on September 23, 2020 for violating certain provisions under Part II of the Canada Labour Code. Transport Canada has followed up with Canadian Pacific and verified that the employer has implemented the appropriate corrective actions.

Investigation Roles and Responsibilities

• When a rail accident occurs, the Transportation Safety Board (TSB) has the mandate and ability to conduct a full and independent investigation, unfettered by railway company police. Whether the TSB chooses to investigate an accident or not, Transport Canada regularly conducts inspections in order to determine whether there were any regulatory non-compliances under the Railway Safety Act. If Transport Canada’s rail safety inspectors identify a non-compliance, the department does not hesitate to take action.
• In addition, if a rail accident has resulted in the death of an employee working onboard a train, then Transport Canada inspectors conduct an investigation under Part II of the Canada Labour Code on behalf of the Minister of Labour. The primary purpose of these investigations is to understand the circumstances associated with the accident, prevent recurrence, and undertake compliance activities if appropriate.
• Railway police constables are appointed under Section 44 of the Railway Safety Act by a judge of a superior court for the enforcement of federal or provincial laws for the protection of property owned or administered by a railway company and the safety of the public.
• Railway police constables have jurisdiction on grounds within 500 metres of railway property that the rail company owns, possess or administers. An important role fulfilled by the railway police in Canada involves protection against trespassing on railway property, which they achieve in part through community outreach on the dangers and consequences of trespassing.
• The Royal Canadian Mounted Police (RCMP) and/or the provincial police services also have the ability to investigate any criminal conduct if they have jurisdiction over the area where the accident occurred or where an alleged criminal behavior has occurred. These police services have the discretion and independence to determine when an investigation is warranted, to conduct investigations into alleged criminal conduct, and, depending on the findings, to recommend that criminal prosecution be commenced.
• In this particular case, an RCMP investigation is now underway. The Canadian Pacific Railway police service has been advised of the ongoing investigation.

Location: Field, British Columbia (Near Yoho, BC)