23 June 2006
Bylaw Planned to Slow CPR
Crowsnest Pass Alberta - In yet another attempt to slow
down or halt Canadian Pacific Raulway's construction of a railway siding, Council passed first reading of the Rail Yards Bylaw at
Tuesday's meeting.
The bylaw's purpose is to prohibit the construction and operation of rail yards and sidings.
Under Part 2 of the Municipal Government Act, RSA 2000, Chapter M-26.1 section 7(a), Council may pass bylaws protecting
the safety, health and welfare of people and the protection of people and property.
Councillor Gary Taje submitted a copy of the Supreme Court of Canada CPR versus the City of Vancouver ruling. The case, says Councillor
Taje, is quite similar to what is happening in the Pass, with the exception that Vancouver's charter gives them the right to make their
land-use decisions.
"Similarly, it's the Municipal Government Act that gives us the right," explained Councillor Taje, adding he hopes by passing
the first reading of the Rail Yards Bylaw, CPR will come out to the required public hearing, both to voice their opinions, and listen to
the concerns of Council and residents. "My intent is to have them here and maybe come to some understanding."
Although CPR owns the land where they want to put the proposed siding between Blairmore and Coleman, Councillor Taje says he hopes this
bylaw will push them to consider another location, outside town limits.
"(We want CPR to know) that anywhere along the proposed route is not acceptable to us," explained Councillor Taje.
"We are a level of government and we have the right to make laws under the Municipal Government Act." During Tuesday's
meeting, Taje made a motion to pass first reading of the bylaw, which was carried unanimously.
Ed Greenberg, spokesman for CPR, said when the Promoter contacted him, it was the first he, or any other CPR representatives had heard
of the bylaw, but they would be looking into it.
"Given that this has just passed, our company will take time to review what has been passed," said Greenberg.
"We still maintain we have a positive and proactive relationship with Council and the Municipal District."
Greenberg said he is unable to comment further on the bylaw until he has a chance to review it.
Councillor Taje says it's not Council's intent to go to court like the City of Vancouver did, but if they have to, they will. "If
we're going to make a bylaw, we have to be prepared to defend it."
An exact date for the public hearing had not been set as of press time, but Councillor Taje says it will most likely be sometime in
the first week of July.
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