CN off the hook for firefighting costs in Lytton blaze | iNFOnews | Thompson-Okanagan's News Source
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CN off the hook for firefighting costs in Lytton blaze

BC Wildfire Service won't hold a rail company responsible for reimbursement of firefighting costs during the 2021 Lytton wildfire.

CN Rail was notified on April 2 that the company was off the hook, nearly three years after a wildfire ravaged the village.

In a letter to Cook's Ferry Indian Band on July 9, the rail company's chief legal officer Olivier Chouc said the wildfire service was "no longer" pursuing cost recovery and it was "closing its file."

But the letter didn't say an RCMP investigation is still ongoing. It also didn't say whether or not wildfire service investigators determined the cause of the fire.

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In October 2021, federal transportation safety investigators absolved both CN and CP (now CPKC) of any fault in the fire that burned 836 square kilometres, including almost the entire village.

The wildfire service's cause and origin investigation continued long after.

Asked about it's findings, the wildfire service deferred to the BC Attorney General's office and a spokesperson confirmed that on April 2, CN was notified the province wouldn't be seeking costs as the RCMP investigation continues. CPKC didn't get the same notification, but the spokesperson wouldn't comment on whether the province is considering whether to pursue costs from that company.

The spokesperson for the Attorney General also refused to say what the origin and cause report concluded.

"We cannot comment on the investigation or findings, the exercise of prosecutorial discretion nor related matters before the courts or tribunals. We also understand that the RCMP investigation continues and cannot comment further while that is underway," the spokesperson said in an emailed statement.

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Although CN won't be held responsible for firefighting costs for the Lytton fire, it's not uncommon for rail companies to be ordered to pay the province.

In 2022, for example, the province ordered both companies to collectively pay more than $200,000 for sparking 15 separate wildfires three years earlier. Earlier this year, CP Rail was ordered to pay more than $150,000 to the province for at least four southern Interior wildfires.

It's not clear whether the Transportation Safety Board's investigation played a role in the wildfire service investigation or whether CPKC is also off the hook for wildfire costs. CPKC has not responded to questions posed by iNFOnews.ca about the wildfire service's Lytton investigation.

The federal investigation was concluded in October 2021, which found the final train to pass through the area before the fire was a CP locomotive operated by a CN crew. Going 40 km/h, it passed the fire's suspected origin at 4:30 p.m., June 30, about 18 minutes before the fire was reported.

TSB investigators found no link between the fire and train operations after inspecting the equipment and interviewing railway employees. That didn't stop local governments from launching lawsuits against CN and CPKC along with Transport Canada just last year for the losses due to the fire.

BC RCMP spokesperson Cpl. James Grandy has not responded to questions about the Lytton investigation.


To contact a reporter for this story, email Levi Landry or call 250-819-3723 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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