Maintaining rail lines is an essential part of railroad operations. Quickly growing invasive weeds and woody plants can play havoc and is a safety hazard for railroad operations. Vegetation management is commonly achieved by the application of pesticides (pre and post emergent). Maintaining these lines must be done in a manner that is safe and protective of the environment.
Environmental Violations
Canadian National (CN) Railway was fined for improper application of pesticides. This violation ($100,000) was reported in May 2021.
The second fine ($2.5 million) was reported in September 2021.
As you can imagine, maintaining this rail is a lot of work. The Canadian Association of Railway Suppliers reported that CN owns 22,186 kilometres (km) of rail.
With respect to the September 2021 fine, the Canadian Government reports, “On September 15, 2021, Canadian National Railway Company (CN Rail) pleaded guilty in Prince Rupert Provincial Court to a charge of violating subsection 36(3) of the Fisheries Act in relation to the deposit of pesticides in or around waters frequented by fish. The company was fined $2.5 million, which will be directed to the Government of Canada’s Environmental Damages Fund.”
Visible Environmental Management
As opposed to activity in a manufacturing company, which is typically a fence-lined, bound property (exceptions are releases), the application of pesticides along the rail is a very “visible activity.” The public, activists, and the regulators can readily observe (and report) the implementation of a pesticide management plan on thousands of kilometres of rail. The activity may be fully compliant, but once reported, there may be an inspection.
Maintaining rail lines is challenging, and very visible environmental task (Photo by Anton Casta on Unsplash).
Pest Management Plan
CN has a Pest Management Plan. Posted on their website they state, “Consistent with CN’s legal obligations as a federally-regulated railway to ensure that vegetation which is on or immediately adjacent to the railway roadbed is controlled, CN must ensure that the track is free of vegetation that could create fire hazards, affect track integrity, obstruct visibility of operations and inspections, or impact grade crossing sightline requirements. Accordingly, and consistent with CN’s robust legislative framework which includes the Railway Safety Act, the Pest Control Products Act, and others, vegetation management activities are performed to ensure safe and efficient railway operations across CN’s transcontinental railway system.”
But beyond rail, is there a general uptick in environmental enforcement in Canada?
Increase in Environmental Fines
From the law firm McClennan Ross earlier this year. “Our review indicates that since 2014 there has been an increasing number of fines over $1 million issued in Canada. There are examples of large fines prior to this time, however, amendments to the Fisheries Act in 2012 and other factors appear to have resulted in precedents for larger penalties in recent years. In our view, one of these other factors is the ‘ratcheting-up’ effect of increasing fines.”
They go on to say that “Essentially, as fines increase, the baseline for assessing a penalty also increases. The effect is that the baseline continues to rise and accordingly so will the penalties ultimately issued. Inflation also contributes to the ‘ratcheting-up’ effect as there is often a perception that penalties should increase commensurate with the purchasing power of the dollar.”
Challenges for Environmental Managers
With increased public environmental awareness and possibly an uptick in enforcement and fines, environmental managers for companies of all sizes face increased challenges.
Keeping your environmental plans up-to-date and fully implemented is an important step in avoiding future problems.
Feel free to connect with me on LinkedIn. If you have an immediate need or concern, you can reach me at 519-948-7300 Ext. 114 or by email.
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