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Transport committee  I think the standards we're working with right now are pretty good. I think we see fewer and fewer sun kinks. We have welded rail now, and it's being de-stressed, so we see less of that. Broken rail is still a problem when it's very cold, minus 35, minus 40. A lot of the railways

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  Yes, they may be able to detect cracks and vertical split heads; however, there are things that are very hard to detect. We do get some TSB reports saying that the root cause of the accident was a broken rail but it was almost impossible to detect with the current technology. Tha

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  I'd have to look at each of the railways, at exactly what frequency they're using.

December 11th, 2007Committee meeting

Luc Bourdon

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  Not pre-established.

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  If you look at section 41 of the Railway Safety Act, what it says is, basically, whoever violates the Railway Safety Act can be subject to prosecution. So everything Marc has mentioned would be covered and everything you mentioned could be covered.

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  Yes. That's under the Canada Labour Code, section 128, which is called the right to refuse. Every worker has the right to refuse if they believe they're subject to unsafe conditions, regardless of whether it's a train crew or a shop employee. Even someone in this room could do it

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  It's done under TSB right now.

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  That's the Transportation Safety Board, where people can call and report incidents anonymously. Usually when that happens, TSB will contact us and say they got a call. They won't tell us who called, and they will actually give us the circumstances of what happened. Usually we'll

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  With regard to notices, usually we will ask the railway to give us an answer or fix a certain situation within a certain timeframe. It's not an immediate threat, whereas with a notice and order, we will usually impose some operating restriction. For instance, if it's a defective

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  As far as the new car we purchased is concerned, that was a pilot project. We had never used a car like that one before. As you know, you cannot get to a railway crossing, get on board and go. You first need to obtain authorization from the railway companies to use the car on the

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  CN's 2005 audit report revealed that employees were not consulted very often, and this was especially true for this company.

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  We conducted the appropriate on-site inspection. The last I heard about this issue is that the townspeople were told to speak with CN. As long as track safety rules are respected, we cannot take action under our regulatory framework by ordering, for example, that the speed limit

December 11th, 2007Committee meeting

Luc Bourdon

December 11th, 2007Committee meeting

Luc Bourdon

Transport committee  The Transportation Safety Board would have that information. We don't keep that at Transport Canada. And they would probably only have it for the accident they have investigated, which is not all of them.

December 11th, 2007Committee meeting

Luc Bourdon