25 August 2006
CPR Responds to Bylaw
Crowsnest Pass Alberta - Following the second reading of
the Rail Yards Bylaw, Mark Seland, director of corporate communications for Canadian Pacific Railway (CPR) sent a letter to Council
voicing the opinion of CPR on the proposed bylaw. The intent of the bylaw is to prevent CPR from building rail yards and sidings within
the municipality.
"As you are aware, (CPR) is federally regulated under the Canada Transportation Act. The Municipality cannot pass bylaws that
concern or restrict the construction or expansion of federal railways," stated Seland in the letter. "The proposed bylaw, if
it were passed, would be inapplicable to CPR and CPR would not comply with it. CPR will, not withstanding such a bylaw, have the legal
right to build sidings and yards on its property and will, as appropriate, exercise that right."
Chief Administrative Officer Gordon Lundy recommended to Council that they consider continued discussions with CPR.
Councillor Dean Ward suggested getting legal advice before passing the bylaw or getting into negotiations with CPR. He also suggested
the legal advice come from the same law firm that handled a case for the City of Vancouver, in which the city successfully prevented the
construction of a siding in a certain location.
But Mayor John Irwin said he didn't want to get involved in a several-year litigation process, and supported continued
discussions.
"I think the answer to this is political and I think we should continue to take a political approach," said Mayor Irwin.
Councillor Gail Sygutek said she is sick and tired of negotiations with CPR. "Who are they to tell us what our powers are and what
they aren't?" she asked. "I certainly don't want to discuss with these people anymore because they're not willing to
budge."
An amendment to the bylaw was presented which states, "No person shall construct nor cause to be constructed, nor shall any person
expand upon nor cause to be expanded upon an existing siding with the limits of the Municipality without the consent of Council."
Later in the meeting, Councillor Gary Taje moved to pass third reading of the bylaw as amended. However, in a 4-3 vote,
Council voted to table the issue for further discussions.
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