Title
Bylaw 2016-27 Train Whistle Cessation - Federal Paramountcy
Proposed Motion
That the Bylaw 2016-27 Train Whistle Cessation - Federal Paramountcy matter be received for information, as presented.
Body
Administration Recommendation
Administration supports the proposed motion.
Purpose
As part of the whistle cessation process the Grade Crossing Regulations require a "resolution" of the municipality. The Municipal Government Act, R.S.A. 2000, c.M-26, as amended, states a council may act by bylaw or resolution. The County chose to act by way of a bylaw though a resolution would have been sufficient. We are advised CN Rail is making improvements or changes to the crossings. Once the safety improvements are complete, Transport Canada approves the elimination of the whistles at the particular crossing.
Bylaw 2016-27 must be read in light of the paramountcy of the legislative regime. The federal Railway Safety Act (1985, c.32 (4th Supp.)), Grade Crossing Regulations and Canadian Rail Operating Rules are paramount. If CN Rail is operating in compliance with the federal legislation and regulations (from which the Transport Canada approvals flow) there would be no reasonable likelihood of conviction on a charge based on Bylaw 2016-27. Administration at this time does not support a prosecution based on Bylaw 2016-27.
Administration has been advised that a resident maybe pursuing a class action lawsuit against the rail companies. Administration's position is that action is a private matter between the members of the class and the possible defendants. Administration at this time does not support Parkland County becoming involved in that possible legal action.
Summary
Administration's position is that Parkland County has taken adequate steps to facilitate the whistle cessation and no further action is necessary at this time.
Strategic Plan/Policy/Legal/Staff Implications:
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