OTTAWA - October 20, 2008 - The Canadian Transportation Agency today released its Guidelines for the Resolution of Complaints Concerning Railway Noise and Vibration under the Canada Transportation Act.
These guidelines were developed to assist individuals, municipalities, railway companies and other parties in resolving these types of disputes. They set out:
the collaborative measures that parties must follow before the Agency conducts an investigation into a complaint;
the elements that the Agency considers in determining whether railway construction or operations have caused only such noise and vibration as is reasonable; and
how to file a complaint, what information must be submitted, as well as the process to be followed.
In its guidelines, the Agency stresses the importance for parties to a rail noise or vibration issue to engage in a meaningful dialogue in an effort to explore available solutions in a constructive manner.
"Ongoing communication among all involved in railway noise and vibration issues can help develop awareness of the needs and realities of other parties and may help prevent future complaints," said Geoffrey Hare, the Agency's Chair and Chief Executive Officer.
The Agency has the authority to resolve complaints about noise and vibration caused by the construction or operations of federally-regulated railways and public passenger rail service providers. A railway company may be ordered by the Agency to make any changes to its construction or operations that the Agency considers reasonable in order to ensure compliance with the relevant provisions of the Act. As well, the railway's operational requirements, its legal obligations regarding the level of service provided to its clients, and the area where the railway construction or operations take place, must all be taken into consideration by the Agency.
The development of these guidelines included a cross-Canada consultation involving a wide range of interested parties that was held during the fall and winter of 2007-2008.
The railway noise and vibration guidelines are available on the Agency's Internet site at www.cta.gc.ca. Hard copies may also be obtained by calling 1-888-222-2592, or by e-mailing info@otc-cta.gc.ca.
The Canadian Transportation Agency is a Government of Canada administrative tribunal with quasi-judicial powers. Among its responsibilities, the Agency must facilitate the implementation of an effective and efficient federal transportation network. It deals with issues such as railway tariff and service complaints; disputes between railway companies and other parties; requests for certificates of fitness for the construction and operation of railways; the approval of railway construction; regulated railway interswitching rates; and revenue caps for the movement of Western grain by rail. The Agency also develops costing standards and regulations, and audits railway companies' accounting and statistics-generating systems.
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For further information, please contact:
News Media Enquiries: Marc Comeau at 819-953-9961
General Public Enquiries: info@otc-cta.gc.ca; 1-888-222-2592;
TTY: 1-800-669-5575 (Canada only)
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