WHEREAS rail lines previously under BC Rail control are now controlled by CN Rail, and thus now come under Transport Canada jurisdiction; AND WHEREAS federal regulations do not specify a cost sharing formula that fairly distributes the financial responsibility for safety upgrades ordered by Transport Canada; AND WHEREAS CN Rail management takes the position that 100 of crossing upgrade costs should be borne by the road authority local government: THEREFORE BE IT RESOLVED that UBCM lobby the provincial government, as owners of the rail lines utilized by CN Rail, to prevent the downloading of rail line crossing upgrade costs to local governments.
Ministry of Transportation Infrastructure Transport Canada advised the District of Taylor, CN Rail and the Ministry of Transportation and Infrastructure Ministry in August 2010 that three crossings one under Ministry administration, two under Taylor administration were unsafe and upgrading was necessary to meet federal standards. CN Rail estimated upgrades would cost 500,000. Taylor advised there were no municipal funds available for upgrades, and was of the opinion that CN should fully fund upgrade costs. Transport Canada advised Taylor that Transport Canada has the power to require cost sharing at its discretion, and clarified that the upgrades were related to signals only with Taylors contribution being 50,000. This is not correct as Transport Canada has no authority to specify cost sharing. This authority resides with the Canadian Transportation Agency to hear costing disputes and specify cost sharing. Historically costs of safety projects at existing railway crossings were shared 62.5 road authority and 37.5 railway after Federal grants. CN Rail made application June 10, 2011, to Transport Canada for an 80 grant. Should the grant be provided, which will cover 400,000 of the 500,000 estimated upgrade costs, the road authorities Ministry and local governments will still be responsible for 62.5 of 100,000, or 62,500. CN Rail will be responsible for 37.5, or 37,500. The Ministry is making efforts to mitigate the cost exposure to Taylor. The three railway grade crossings fall under federal jurisdiction as CN Rail, under the BC Rail Partnership Agreement, is the operator of the rail line. Local governments are encouraged to make known their concerns respecting cost sharing with the Canadian Transportation Agency.