No. H031/04 For release May 11, 2004 OTTAWA - The Attorney General of Canada has laid charges against the Canadian National Railway Company (CN) under the Railway Safety Act and the Canada Labour Code, Part II. The charges follow an extensive investigation conducted by Transport Canada into a derailment that resulted in the death of two CN employees on May 14, 2003 near McBride, British Columbia. The Attorney General of Canada has laid one charge against CN under the Railway Safety Act alleging the company failed to ensure the engineering work relating to a line work, including design, construction, evaluation or alteration, was done in accordance with sound engineering principles. The Attorney General has also laid two charges against CN under the Canada Labour Code, Part II, alleging that the company: failed to ensure that the safety and health at work of every person employed by it was protected by failing to ensure that the bridge structure at Mile 7.9 would support the loading of the train operating over it; and failed to ensure that the safety and health at work of every person employed by it was protected by failing to ensure that the bridge structure at Mile 7.9 would support the loading of the train operating over it, the direct result of which was the death of two employees. The Transportation Safety Board (TSB) is currently investigating the accident to determine the cause. Transport Canada is closely following the TSB's ongoing investigation through a Minister's Observer who was appointed after the accident. The Minister's Observer will advise the department of any significant regulatory factors, identify deficiencies that require immediate corrective actions and assist in coordinating the required support for an investigation. As the railway regulator, Transport Canada is responsible under the Railway Safety Act for promoting, monitoring and enforcing compliance with existing rules and regulations. The department has a regular inspection program in place as well as a mechanism to audit railway infrastructure, equipment and methods of operation to ensure that rail companies comply with the Railway Safety Act. Transport Canada also oversees employment and workplace safety in the federal transportation sector, on behalf the Labour Program of Human Resources and Skills Development Canada, under the Canada Labour Code, Part II. Transport Canada therefore is responsible for ensuring that transportation-related accidents or hazardous incidents are fully investigated by the employer and that appropriate remedial measures are taken. Canada has one of the safest and largest rail networks in the world with 48,000 kilometres of track and over 40,000 railway crossings. Transport Canada takes very seriously any incident or accident that affects the transportation system. Contact: Cathy Cossaboom Transport Canada Communications, Ottawa (613) 993-0055 Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada. This news release may be made available in alternative formats for persons with visual disabilities.
