OFA wrote to CN Rail regarding the upcoming requirements for upgrades to existing private railway crossings.
OFA supports CN Rail’s initiative to seek regulatory exemptions for some crossing where cost-effective alternative measures that provide equivalent safety benefit can be implemented. In addition, OFA believes the federal government should adequately fund the Rail Safety Improvement Program to ensure that important upgrades and maintenance to private grade crossings can occur.
Many farmers in Ontario, and across Canada, rely on private railway crossings to access their fields, crops, and pastures. Historically, the railways have managed the maintenance and upgrades of many of the existing private grade crossings at their own expense.
Recently, some of our members with private railway crossings have received letters from CN Rail informing them that unless an exemption to the new regulatory requirements is granted, their crossing will need to undergo costly mandated upgrades that will include the installation of an automated warning system with gates. CN Rail estimates that the necessary upgrades will cost each private railway crossing owner between $600,0000 and $2 million, in addition to an annual maintenance cost of $9,685 for the equipment. The excessive costs of these regulatory-required upgrades will result in the closure of some private crossings. Without such alternatives, some property owners will lose access to their landlocked portions of their properties.
It is important to note that responsibilities described in the Regulations do not determine responsibility for costs. In the past, upgrades and maintenance of most existing private grade crossings was performed by the railway at the railway’s expense.
OFA is concerned by unilateral actions taken by railways to revise, in their favour, the terms and/or conditions associated with an existing private crossing agreement or arrangement, and to remove existing and active private railway crossings.
OFA firmly believes all railways should honor their existing obligations regarding private railway crossings. We believe it is unacceptable for railways to unilaterally revise the terms of existing arrangements to the detriment of farmers.