RunningTrades.com - A voice for Canadian Labour

Although it may seem as if the prairie branch line rail network has been completely skeletonized by the major railways, the job is not yet truly complete. CP still has 911 kilometres of track on its Three-Year Plan for abandonment in the prairie provinces, and CN has 613 kilometres. Nor does this rule out further abandonments by the major carriers. At least one major railway has stated there are still too many grain elevator points and by extension, too many rail lines.

When the railways seek to abandon track, there is a formal process laid out in the Canada Transportation Act. At one time, prior to the passage of this act, the Transportation Agency had to take public interest into account in deciding whether or not to allow an abandonment. That idea was vanquished some time ago. The railways merely have to follow a prescribed procedure, and cannot be prevented from abandoning track, no matter what the government may think. It isn't exactly what the countrys founding fathers had in mind when they granted the original railway charters.

The only defence of the public interest left in federal rail legislation is the stipulation that a railway must offer a line for sale to various levels of government before it can rip it out of the ground. Of course, this wouldn't mean much if the railway could charge whatever price it wanted. The rules say the price will be the net salvage value of the track - the amount of money the railway would get by selling the materials less the cost of tearing out those materials. If the parties can't agree on that amount, the Canadian Transportation Agency (CTA) will decide.

New Canadian Rail Operating Rules (CROR)

On February 26, 2008 the Minister of Transport, Infrastructure and Communities approved the new CROR, submitted by the RAC on behalf of the industry. This new document will provide for a more modern, meaningful and readily understandable operating rule book. The new rule book will also facilitate the introduction and use of new and improved technologies for safe railway operations. It will also serve to remove redundant rules and practices contained in the old CROR.

The new CROR was approved on February 26 but will not take effect until May 28, 2008; this will allow industry time to train all of their effected employees.

Kevin McKinnon
Railway Association of Canada
Operations & Regulatory Affairs
Director Regulatory Affairs and Policy Liaison
(613) 564-8101
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

CROR - Effective May 28, 2008 click here

Canadian Pacific Railway Ltd. says it will test two low-emission locomotives in southern Ontario over the next two years after receiving up to $500,000 in federal funds targeted at reducing harmful emissions from the freight transport industry. 

The so-called "GenSet" locomotives, built by National Railway Equipment Co., offer the same horsepower as a regular engine but with up to 50% fuel savings and up to an 80% reduction in harmful emissions.

The federal funds were part of Transport Canada's ecoFREIGHT program announced Tuesday, which granted $6.1-million to 22 different companies, including Petro-Canada, Air Canada Ground Handling Services, and the Canadian Trucking Alliance.

"Moving goods long haul by rail is already much more fuel efficient and safer than other modes of transportation," said Kathryn McQuade, CP chief operating officer, in a statement. "We are always looking for innovations that reduce our environmental footprint and make rail an even cleaner mode of transportation."

Funding for the ecoFREIGHT program is being allocated for initiatives to reduce emissions from freight transport by air, truck, rail and water.

Scott Deveau - nationalpost.com

Category: Workplace Injuries

Posted by: Rick Shapiro - injuryboard.com

This article discusses railroad worker long term diesel exhaust fume lung disorders, as well as medical studies relating to diesel fume lung diseases and lung cancers, and another related article in this series covers new federal regulations that are clamping down on excessive railroad locomotive engine diesel fumes, as well as historical knowledge and diesel exhaust lung disease legal cases against railroads such as CSX and Norfolk Southern over the last several decades.

There is a growing body of evidence that long-term railroad worker exposure to diesel exhaust fumes can lead to a condition called "diesel asthma" a form of COPD, and additional evidence shows an increased incidence of lung cancer rates among railroad workers/employees. Railroad worker injury claims against their employer-railroads fall under a federal act called the Federal Employers Liability Act. This article discusses railroad worker long term diesel fume lung disorders, as well as medical studies relating to diesel fume exposure, and another related article in this series covers new federal regulations that are clamping down on excessive railroad locomotive engine diesel fumes, as well as historical knowledge and legal cases against railroads such as CSX and Norfolk Southern over the last several decades.

Just released is the Arbitrators decision in which CN has been found to have violated the terms of the Collective Agreement, and the Canada Labour Code in their use of what was termed as  “surge employees” or those considered as not bargaining unit employees.  The Arbitrator agreed with the UTU’s position that CN had, in fact, “contracted in” workers, and went on to say:  

“ On the law, therefore, there can be no doubt but that the Union is correct.”Arbitrator Picher commented: “It is clear that that is not permissible under the Canada Labour Code” and found that CN had violated Sections 36 and 56 of the Canada Labour Code, which do not allow an employer to engage a parallel group of employees to perform what is plainly bargaining unit work and to do so outside the terms of the Collective Agreement.   In closing, he made it very clear that: “There is no principle of collective bargaining in Canada that is more fundamental.”

WINNIPEG, Manitoba, May 2 (Reuters) - Canada's transport regulator said it has dismissed a request from a group of grain shippers to order Canadian National Railway (CNR.TO: Quote, Profile, Research) to stop using a new system to distribute rail cars.

The railway's new program has created problems for the Canadian Wheat Board and five small grain companies, the Canadian Transportation Agency said in an April 30 letter.

But the agency said there was not enough evidence to show the shippers or farmers suffered irreparable harm from the program, which allows shippers to order cars to specific elevators up to 16 weeks in advance.

The shippers have been involved in a formal service complaint against CN Rail. The Canadian Transportation Agency ruled in January that CN failed to provide adequate service to grain shippers last year, but said it is still evaluating the railway's service for the current year. (Reporting by Roberta Rampton; Editing by Peter Galloway)