No. H034/04 For release May 18, 2004 OTTAWA - The Honourable Jim Karygiannis, P.C., M.P. Parliamentary Secretary to the Minister of Transport, on behalf of Transport Minister Tony Valeri, today announced that the Government of Canada is committed to moving forward at the earliest opportunity with amendments to transportation legislation that will give the Canadian Transportation Agency (CTA) the authority to respond to complaints about noise generated by rail activities. "Railway noise is a serious concern for those living near rail yards," said Mr. Karygiannis. "It is very important to address these concerns and deal with them appropriately." A large number of Canadian cities, towns and villages are home to railway operations and disputes can often arise between the communities and railways. While citizens adversely affected by noise from railway operations can complain to railways directly, or seek civil action through the courts, no federal or other body is mandated to regulate railway noise. In the late 1990s, the CTA became actively involved in resolving noise-related complaints between railways and adjacent landowners, mainly in urban residential areas. In June 2001, the Canada Transportation Act Review Panel recommended that the Act be reviewed to clarify the legislative powers of the CTA under the Act, including the Agency's jurisdiction regarding railway noise. After extensive public consultation, an Act to amend the Canada Transportation Act was introduced in Parliament on February 25, 2003. The Bill proposed a series of amendments to the Canada Transportation Act including several related to rail noise, and gave jurisdiction to the CTA to address and resolve noise-related complaints. The Standing Committee on Transport was reviewing the Bill when Parliament was prorogued in November 2003. The Government of Canada is continuing to work towards giving the CTA the authority to resolve noise complaints. The Agency would be provided the statutory power to investigate and render a decision on whether an order is warranted to enforce remedies. Amendments to the Canada Transportation Act being considered would require that railways keep any noise to a minimum when constructing or operating a railway, taking into consideration the requirements of railway operations and services and the interests of affected communities. In the absence of current legislative authority to deal with railway noise complaints, the Government of Canada favours collaborative approaches between railways and communities, or mediation efforts. In many cases, options exist which could reasonably reduce the level of noise coming from railway operations without adversely affecting the railways' service to customers. - 30 - Contact: Christina Van Loon Office of the Minister, Ottawa (613) 991-0700 Cathy Cossaboom Transport Canada Communications, Ottawa (613) 993-0055 Transport Canada is online at www.tc.gc.ca. Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and keep up-to-date on the latest from Transport Canada. This news release may be made available in alternative formats for persons with visual disabilities.