22 September 2006
Council Votes to Repeal Rail Yards Bylaw
Crowsnest Pass Alberta - After receiving a recommendation
from their lawyer, Council voted to repeal the Rail Yards Bylaw and withdraw the stop-work order against CPR's proposed
Blairmore to Coleman siding.
The bylaw would have prohibited the construction of a rail yard or siding within the municipality. However, CPR has stated that because
they're a federally-regulated railway and the siding would be constructed on their land, the bylaw would not apply to them
or this project. Despite the bylaw, construction on the siding began on 5 Sep 2006.
In a written submission to Council, Barry Sjolie, QC of Brownlee LLP, recommended the immediate repeal of the bylaw.
"Failure to do so exposes the Municipality, individual councillors, and the senior administration to a risk of liability to the CPR
for costs and damages, and to municipal ratepayers for the inappropriate expenditure of public funds in defense of bad faith decision
making," stated Sjolie in the letter.
Councillor Gary Taje said in light of the legal advice given to them, he had no choice but to support the repeal.
"(The) legal advice given strongly suggests we're not acting in the best interest of our community," said Taje. "I'll
support, with reservation, the repeal of this bylaw."
Councillor Gail Sygutek said it terrifies her to think of what could potentially happen with the siding in its current location, but
said it also terrifies her to think they could be harming citizens more by keeping the bylaw the way it is. "The lawyer doesn't
think we have a leg to stand on," she added.
Council voted 6-1 in favour of accepting first and second readings of the repeal, with Councillor Sygutek voting against.
Council voted unanimously in favour of the repeal's third reading, and unanimously in favour of withdrawing the stop-work
order against CPR.
In his submission, Sjolie also recommended Council prepare a letter to Transport Canada detailing their safety concerns with the siding.
Taje made a motion to pursue an appeal with Transport Canada and to mediate under the mediation program of the Canadian Transportation
Agency.
Included in the possible mediation discussion points were asking CPR to install controlled gates at all crossings affected at CPR's
expense, adding an automated switch on any sidings, and putting proper emergency protocols in place.
Council voted unanimously in favour of the motion.
CPR spokesperson Ed Greenberg says CPR is pleased with Council decided to repeal the bylaw.
"Now that (Council) has recognized this is a matter outside municipal jurisdiction, we look forward to continuing with our
constructive and mutually-beneficial dialogue with the Council," said Greenberg.
"We recognize there are many other items we can work together on regarding the siding. "
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