Thursday, February 27, 2025

Wintertime at the Station, February 2025 - Part 1

My wife's online crafting course on a sunnily synchronistic Saturday, February 8 was a provided providential opportunity to be plunked proximal to CN's Kingston Sub, specifically at the straightaway Kingston VIA station for nearly banker's hours. My hope was to photograph the plethoric panoply of Ventures, especially the two week-old 'doublavays' (TM - double V's and it's kinda bilingual!) of VIA eastbound morning train Nos 60/50 and 62/52. Not only is it cool to see two coupled Ventures, but the attempt by VIA to re-jig their Corridor equipment rotation and to partially overcome the CN-imposed speed reductions in the process by adding axles made it historic and photo-worthy. 

This three-post series will document a daylight-hours day of train-watching totalling nine VIA (two of which were doublavays)  and four CN trains.

 0906 EB - VIA Nos 60/50 Venture Sets 10/7:
For whatever reason, the powers that be prohibitively padlocked the pedestrian pathway that plies the former Counter Street crossing. This pathway is widely used by neighbourhood residents, and was a handy way for nearby railfans to safely cross the main line from the station parking lot. I wanted an overhead angle, so laboriously triumphed over the $50,000 city-provided turtle fencing that keeps our shelled citizens safe (well, not in wintertime!) to reach the overpass. From the north side (above) and south side of the mainline:
Two Ventures - views of head-end, joint and tail-end. My one-of-everything approach I learned from Pathology residents - weary of rows and rows of 'junk' specimens like appendixes and pilonidal cysts as 'not a learning opportunity' grew to respond with, "Oh, an appendix? I've already done one"! Having diligently digitally documented this duo, I don't plan to return to further document The Ghost of VIA Future. Fortuitously, I didn't garner any wellness checks while on my lofty perch! I was only jumping with excitement.

Heading east to Brockville to be split, with No 60 continuing on to Montreal and still subject to CN's speed reductions east of there (gets later), while the Ottawa-bound No 50 gets off scot-free (stays on time or makes up time) due to VIA ownership of the tracks to Ottawa!
0925 WB - VIA No 61 918-3455-3462-3358-3337-3335:
Shadow-side of equipment that VIA now calls its Legacy Fleet. Interestingly, this fleet is coming to the rescue of the Venture implementation, which grows longer and slower as months tick by. VIA's February alteration to its rotation organization actually dropped the number of Ventures to 12 from 13, of the 27 sets deployed to cover the Corridor completely. The 'legacy' LRC consists number 12, and the HEP 'legacy' sets remain three in number.
1032 WB - CN No 377 8870-midtrain DPU 3108. Freight, finally. An average morning can see CN intermodals like 105, 185, a late-running 121 perhaps, 149 and manifest freights 271, 305, 368 372, and on weekends perhaps an extra 309, 310, 377 or whatever other unit trains or extras CN might discover it has to move. For an up-to-date rundown of daily CN Kingston Sub daily freights, see Trackside Treasure's right sidebar.
Mid-train distributed-power unit CN 3108 with centenary logo in the snow, not a true Century in the snow,  though if leading it would be a head by a century!

1036 EB - On the north track behind CN No 377: CN No 372 IC 2704-5709, mid-train DPU 8847. You'd wonder how bad one railfan's luck has to be to have two of the four CN freights seen to pass simultaneously, with most of 372 invisible behind the aforementioned and first-appearing 377! So here's the DPU, with head-end unphotographable, though luckily catching cab numbers between cars.
1107 EB - VIA No 62/52 Sets 6/17. Another doublavay during coffee break. First-world problems...my 13-minute drive-thru bagel-based donut-detention tidbit-time kaffee-klatsch kost me a photo of another westbound Venture, namely VIA No 643.
Just starting to depart eastward:

November, 1985 nearly the same spot then-and-now:
Once more, from terra firma - two Ventures - views of head-end, joint and tail-end.





In Part 2, the post-prandial portion of the day gets duly documented, behind a bounteous Baconator and prior to a piping-hot pizza pie supper!

Running extra...

It's election day! A minority of Ontarians may elect a majority government. Something wrong with this picture. Listening to reporters mention reasons for a projected [usual] low turnout now include seasonal alibis in this first winter election since the 19th century....snowbanks, record snowfall in Toronto, yada yada. People in Ukraine and Gaza walk over mountains of rubble to get food dodging the bombs and we can't walk over a piddly little snowbank to get to the polling place one time? Is it a Snowbank Too Far?
Veteran actor Gene Hackman has died. He played Major General Stanislaw Sosabowski in A Bridge Too Far. Fun fact: during the entire film he wears the rank insignia of a Polish Brigadier General (Brygady) and not the rank insignia of a Polish Major General (Dywizji). The difference between the two is an additional star for the Major General.

The stars will be out this weekend as the Oscar schmoozefest is celebrated. Conan O'Brien hosts. I will be watching the broadcast, the Red Carpet Pre-Show, and the Pre-Show to the Red Carpet Pre-Show, and maybe even The Stars Have Brunch Before the Pre-Show...oh, never mind The way things are going, I'm surprised Elon Musk is now being allowed to host the broadcast. So what if he's not an actor? He acts like a politician, in custom - weird T-shirts and a ball cap inside in a room full of suits at the recent U.S. Cabinet meeting. So awkward.

Thursday, February 20, 2025

CN-VIA Train Service Agreements


CN's Motion to Strike VIA's Application for Judicial Review has been granted and will not be appealed. by VIA. CN's grounds for its Motion to Strike relied on a pair of jurisdictional issues:
  • CN is not a "federal board, commission or other tribunal" as required to be included by Section 18 of the Federal Courts Act. A claim that the Court lacks the jurisdiction to hear the Application. 
  • The Train Services Agreement (TSA) between CN and VIA gives CN control over the movement of VIA's passenger trains providing CN with absolute discretion, including CN's ability to make private arrangements and issue General Bulletin Orders (GBO's).
I believe that the TSA may be the grounds upon which the judge based her decision.

This is not to say that Loss-Of-Shunt (LOS), problems with CN's grade crossing protection technology, and public safety are not still in play. Transport Canada asked CN to support the need for their October, 2024 grade-crossing speed reductions, and that information has already been returned by CN and sealed as confidential in the Federal Court case. The Ministerial Order is still outstanding.

And, Federal Court documents obtained since this post was published indicate the Attorney-General of Canada put forward arguments the Court may have found important:

An overview of the AGC's position:

1. CN says VIA is not a federal board, commission or other tribunal.
2. The AGC agrees that VIA's application is not in the Court's jurisdiction and should be struck.
3. CN's decision is a purely contractual matter not within the Court's jurisdiction.
4. Since the application was filed by VIA, the Minister ordered CN to provide data as above, ensuring compliance with regulatory requirements, and to ascertain whether it's an active safety issue.

VIA owns only 3% of the rail networks it uses on a daily basis, so it must negotiate contracts known as Train Service Agreements (TSAs) with the networks' owners (CN, CP, and other short-line carriers) for access to and use of the rail infrastructure. VIA's operational performance hinges on the terms of those contracts. VIA's passenger service competes for the use of the same tracks with freight trains owned by CN, CP and other short-line operators. So VIA has only limited ability to establish schedules that would best serve its own commercial interests. In recent years, VIA has struggled to improve the punctuality of its passenger rail operations.

CN and VIA operate under the TSA effective January 1, 2009 (top photo) for a ten-year term, currently under adjudication before the Canadian Transportation Agency. Pending resolution, CN and VIA agreed to extend the terms of the 2009 TSA in a Status Quo Agreement dated June 20, 2023. In fact, CN and VIA have had a TSA, to which they are both signatories, since at least 1989. That agreement was amended and extended in 1995 until 2008. The January 1, 2009 TSA was amended eight times:
  • December 21, 2009
  • May 3, 2018
  • January 1, 2022
  • May 1, 2022
  • July 1, 2022
  • October 17, 2022
  • January 18, 2023
  • June 30, 2023
....there have been drawn-out negotiations and eight temporary extensions to the contract, since its 2018 expiry. VIA and CN continue to respect the terms of the existing, but expired, TSA until a new agreement can be reached. The two are currently in discussions towards the renewal of a new agreement and VIA continues its focus on addressing challenges to poor On-Time Performance.

Some industry pundits have suggested the differences in approach between the two railways have led to friction up to and including the CN-imposed crossing speed reductions in October 2024. That CN is trying to punish/break/get rid of VIA from its tracks. Perish the thought!

The CN-VIA TSA has even been the subject of a Canadian Transport Agency decision in which VIA said the TSA was the most important contractual document respecting CN and VIA’s commercial relationship. and that it was negotiated with the strong expectation that it would be kept confidential. VIA contended that the disclosure of the Agreement would give competitors knowledge of VIA’s cost structure, enabling them to have a head start in developing competing products or a competitive advantage in future transactions.

Considering its access to third-party infrastructure (its network of which 83% is owned by the Canadian National (CN) alone and 97% is owned by all third parties combined) within VIA's current 2023-2027 planning period, it must renew the TSA with CN, fundamental to its mandate and regular operations as well as its key modernization activities. Only when VIA finally builds and operates its own network in the Corridor, this will continue to be the case. 

Until then, here are some articles of interest from the public versions of the 2009 and 2023 TSA ["Agency" refers to Canadian Transportation Agency/Transport Canada]. Key articles pertain to operations, maintenance of infrastructure, insurance and compensation.

This is where the redaction begins in earnest:
Signed by Keith Creel for CN, and Paul Cote for VIA. Mr Creel had a 17-year career at CN before becoming CEO of CP and the first CEO of CPKC in 2023. M Cote became President of AMT after his time as VIA's CEO.
Check out these cool retro bar graphs:
Thereafter, 50 pages of rolling stock disposition of a historical nature. SGU's, Dayliners, Renaissance shells and E-series sleepers.

 Selected articles from the public version of the 2023 CN-VIA TSA dated February 17, 2023
The redaction feature got much more of a workout in this public version of the 2023 TSA:
  • Insurance and Compensation >8 pages completely redacted.
  • VIA scheduling model >9 pages completed redacted.
  • Train Service Charges >4 pages completely redacted.
Samples of the characteristics of VIA Corridor train schedules on the CN Kingston Sub (Montreal-Toronto = 335 miles and Kingston-Toronto = 157 miles)
Also characteristics of the Eastern (Ocean) and Western (Canadian) services:
Watch for an upcoming post incorporating CN's and VIA's submissions re TSA's to the Canadian Transportation Agency.

Running extra...
Just as at the beginning of December, VIA suffered another weekendus horribilis due to 30 cm of snow in Toronto and 40 cm in Montreal. CN suffered a derailment within Taschereau Yard, quickly telling everyone that it was within its yard, though every VIA train in the Dorval area was delayed/stopped/returned to Central Station.
Monday, February 17 14:25 EST, the list of cancelled corridor trains for today from the VIA service status page, is: 20, 26 (Ottawa-Montréal portion), 33 (Québec-Montréal portion), 37, 44, 53, 66, 67, 68, 69, 83, 87, 668, 669. Cancellation of Nos 83, 87, 601, 603 today means that #82, 84, 600, 604 will be cancelled tomorrow. Cancellations for February 18 and 19: Nos 69, 669, 79, 39, 645, 59, 26 (MTRL to QBEC), 28 (MTRL to QBEC), 29, 67, 33 (MTRL to OTTW), 35 (MTRL to OTTW), 37 (MTRL to OTTW), 87 (with alternate transportation).

A bright headlight on the horizon! Prime Minister (for now) Justin Trudeau today announced the new maglev network that's going to appear overnight and under budget between Canada's biggest cities carrying four passengers on each train. Oh wait, it's the caffeine talking. I'm considering retooling Trackside Treasure into the Highspeedrail Treasure and only posting developments in this saga. Nah, it's the caffeine again. Never mind.