Trails Along Railway Rights of Way

Year
2010
Number
B18
Sponsor(s)
Vernon

WHEREAS railway dedication or rights of way in urban areas provide excellent opportunities to develop multi-use pathways or trails, known as Rails-with-Trails corridors, for alternate, active and green transportation; AND WHEREAS feasibility studies have shown that these multi-use pathways can be developed safely so as not to cause significant conflicts with the routine operation of the rail system; AND WHEREAS the development of off-road multi-use pathways for non-motorized vehicles is in the interest of all levels of governments to reduce motor vehicle use, improve the health of Canadian citizens and reduce emissions from transportation which contribute to climate change: THEREFORE BE IT RESOLVED that the provincial and federal governments be asked to support joint-use agreements with railway companies for rails-with-trails corridors; AND BE IT FURTHER RESOLVED that the federal government be asked to undertake legislative amendments to the Canadian Transportation Act to recognized the need for parallel corridors to be provided within rail rights of way and authorize provincial and local governments to apply to the Canadian Transportation Agency, in absence of agreement with a railway company, for authority to place trails within rail rights of way where this can be done safely.

Provincial Response

Ministry of Transportation Infrastructure The Province has supported Rails with Trails projects where all the parties have been in agreement and the trail can safely be accommodated along the rail corridor. Future support of Rails with Trails projects is contingent on the agreement of all parties for joint use, and proof that the trail and railway can operate safely. The Province would need to complete a detailed analysis of any proposed amendments to the Canada Transportation Act before providing its support.

Federal Response

Minister of Transport, Infrastructure Communities Minister of State Transport The federal governments role is to provide a legislative framework through the Canada Transportation Act that encourages stakeholders to seek commercial solutions to issues such as the shared use of railway rights-of-way. In Canada, most rights-of-way are railway-owned property. Proponents of a proposal to add multi-use pathways for non-motorized vehicles to a railways right-of-way are encouraged to present their plan to the railway for consideration.

Other Response

White Pass Yukon Route Railway White Pass realizes that you are seeking this program in an attempt to encourage healthy lifestyles and capitalize on environmental benefits, but this initiative does not come without risks. Your resolution stipulates that trails along rights of way should be developed so as not to cause significant conflicts and where this can be done safely; however, it should be noted that fatalities and serious injury exist throughout history in situations where people come in conflict with trains. Encouraging people to travel along railway rights of way is encouraging unsafe conditions. Who will pay for the dramatic cost increase in our liability premiums should an accident result as a result of this initiative? Who will pay for the cost of fencing, signage and monitoring? On the return trip to sea level from the top of the White Pass, our trains are virtually silent since they are travelling down slope causing them to appear without notice around a bend, and being unable to stop suddenly, cause injury to unwary hikers. This is a major concern for White Pass Yukon Route Railway and should be noted in further discussions concerning the resolution.

Convention Decision
Endorsed