Canadian National Railway Company - conviction information for 2024-07-22
| Corporation name: | Canadian National Railway Company |
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| Address: | 935 DE LA GAUCHETIERE ST. W |
| City: | Montréal |
| Province/territory: | Quebec |
| Postal code: | H3B 2M9 |
| Country: | Canada |
| Sector or industry: | 482 - Rail transportation |
| Location of offense: | Near Timmins, Ontario |
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| Case summary: |
Canadian National Railway Company’s (CN) head office is located in Montréal, Québec. CN transports commodities including crude oil and petroleum products across Canada and into the United States along its vast rail line networks.
On February 14, 2015, a CN train derailed near the Ruel Subdivision, Gladwick, ON. The derailment led to the release of 1, 060, 570 litres of crude oil to the environment and a nearby creek which flows into a lake. The creek and downstream lake are known to be waters frequented by fish. A subsequent investigation determined that the cause of the derailment was due to a known rail defect that was left in track and broke under the weight of a passing train.
On March 7, 2015, a CN train derailed near the Ruel Subdivision, Gogama, ON. The derailment led to the release of 2,633,094 litres of crude oil to the environment, Makami River, and Minisinakwa Lake which are waters frequented by fish. A subsequent investigation determined that the cause of the derailment was due to the improper repair of a broken rail by a CN employee and a defect being left in track which subsequently broke under the weight of a passing train two days after the repair.
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| Charges: |
Canadian National Railway Company did between February 14 and February 18, 2015, at Gladwick Ontario, deposit or permit the deposit of a deleterious substance of any type in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water contrary to section 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, thereby committing an offence contrary to section 40(2) of the said Act.
Canadian National Railway Company did between March 6 and March 11, 2015, at Gogama Ontario, deposit or permit the deposit of a deleterious substance of any type in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water contrary to section 36(3) of the Fisheries Act, R.S.C., 1985, c. F-14, thereby committing an offence contrary to section 40(2) of the said Act.
Canadian National Railway Company did between February 14 and February 18, 2015, at Gladwick Ontario, deposit a substance harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds, or in a place from which the substance may enter such waters or such an area contrary to section 5.1(1) of the Migratory Birds Convention Act, 1994, thereby committing an offence contrary to section 13(1) of the said Act.
Canadian National Railway Company did between March 6 and March 11, 2015, at Gogama Ontario, deposit a substance harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds, or in a place from which the substance may enter such waters or such an area contrary to section 5.1(1) of the Migratory Birds Convention Act, 1994, thereby committing an offence contrary to section 13(1) of the said Act.
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| Enforcement notification: | Canadian National Railway Company fined $8 million for environmental offences in relation to two 2015 train derailments |
| Result: | Guilty Plea |
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| Date of conviction: | 2024-07-22 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: | Allowed the deposit of a deleterious substance |
| Act | Regulations | Section(s) |
|---|---|---|
| Pollution Prevention provisions (subsection 36(3)) of the Fisheries Act | 36(3) |
| Date of sentencing: |
2024-07-22 |
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| Location of sentencing: | Gogama, Ontario |
| Sentence(s): |
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| Amount of fine(s): | $8,000,000 |
| Sentencing details: |
• On July 22, 2024, before the Ontario Court of Justice of Gogama, in Ontario, the Canadian National Railway Company pleaded guilty to two separate offences for depositing or permitting the deposit of a deleterious substance of any type in water frequented by fish, or in any place under any conditions where the deleterious substance may enter any such water contrary to section 36(3) of the Fisheries Act; and was sentenced to pay a total fine of $8,000,000 to the Government of Canada’s Environmental Damages Fund.
• Following the submission of a signed Agreed Statement of Facts and two guilty pleas by Canadian National Railway Company for the Fisheries Act offences, one for each of the derailments, the court ordered CN to pay a fine of $3,000,000 for the first offence, that being the Gladwick train derailment, and a fine of $5,000,000 for the second offence, that being the Gogama train derailment for a total of $8,000,000 to be paid to the Government of Canada’s Environmental Damages Fund.
• The remaining two charges under the Migratory Birds Convention Act, 1994, were withdrawn.
• Upon hearing the Agreed Statement of Facts read aloud in court the Judge was satisfied with the facts and agreement by both the defence and prosecution to resolve this matter at the first court appearance possible. |