Via Rail is challenging a rule from CN Rail that requires its trains to slow down at certain crossings or reconfigure its trains.Sammy Kogan/The Globe and Mail
Via Rail is taking Canadian National Railway Co. CNR-T to court over new speed restrictions and other rules in Quebec and Ontario that the passenger rail company says are causing unwarranted delays.
Via Rail, in a statement of claim filed on Nov. 12 in the Federal Court of Canada, says CN’s orders to slow down at 304 level crossings or reconfigure its trains is unreasonable and has no basis in safety. The Crown corporation is seeking a judicial review of the rules and a declaration they are not valid. Via is also seeking the data or documents on which CN relied to impose the rules.
CN issued the notice to Via on Oct. 11 amid concerns the Crown corporation’s new passenger trains were slow to trigger the automated road crossing barricades and lights. The CN order requires Via trains to slow down enough so operators can see that the gates or lights are activated 20 seconds before crossing the area, or run longer trains with a total of 32 axles, not 24, or install an electronic device to ensure the warnings are triggered.
Via’s new Siemens Venture trains have five coaches and one locomotive, for a total of 24 axles. Meeting the new axle count would mean adding two more cars, a move that would cost millions of dollars.
In its court filing, Via says CN does not have the authority to impose the rules, and that the freight railway is required by law to operate warning systems that detect all railway equipment.
“There is no evidence to suggest a safety risk associated with the operations of Via’s Venture trains at grade crossings,” Via said in its statement of claim.
A statement of claim contains allegations that have not been tested in court. CN, which owns most of the tracks on which Via runs, has not yet filed a statement of defence.
CN spokesman Jonathan Abecassis said in an e-mail CN told Via it might have to impose restrictions “given the industry’s experience and the well known risks associated with similar train sets.”
“At the heart of this matter is a question of safety at rail crossings,” Mr. Abecassis said.
Terence Johnson, president of Transport Action Canada, a public transportation advocacy group, said he was “shocked” Via has to go to court to obtain the data behind the new rules. “That’s offside,” he said. CN needs to be transparent about safety matters that affect passenger railways, he said by phone.
In a statement to The Globe and Mail, Via said it is adhering to CN’s rules, “despite the significant impact on train schedules and passengers.” Via said it has asked to see the analysis that led to the restrictions but CN has not provided any.
“It’s important to note that these new restrictions imposed by CN are causing delays every day on VIA Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging VIA Rail’s reputation with travellers,” Via said.
Via’s trains face no similar restrictions on its own tracks, nor those owned by Ontario’s Metrolinx or Canadian Pacific Kansas City railway. However, CN has imposed the rules on Amtrak, the U.S. national passenger rail service that runs on some CN railways in the United States.
Siemens and Metrolinx did not respond to requests for comments.
The federal government is going ahead with a plan to build a high-speed passenger rail system that would connect Quebec City, Montreal, Ottawa and Toronto. The Via subsidiary would operate largely on its own tracks, eliminating the dependence on CN and other freight carriers that are often blamed for Via’s poor on-time performance.