The Rural Ontario Municipal Association [ROMA] has announced plans to intervene in a local drainage dispute with the Canadian National Railway [CN].
ROMA is seeking legal intervener status in a dispute between the rail company and the City of Sarnia, over the cost of critical drainage work on CN property.
Chair Robin Jones said the railway has applied to the Canadian Transportation Agency [CTA] to settle the matter and determine what is paid to the city.
"We want to be able to come in and explain the big picture, explain what's happening province-wide, because this is CN versus Sarnia in relation to CN's relationships with other municipalities," said Jones. "Many of them are down your way, but quite frankly they're all across the province."
Jones said if their application to intervene is accepted, they'll be able to make those additional comments.
"It gives you the opportunity to give a wider perspective of what's happened. What we know has happened in the last couple of years, despite decades of CN working with municipalities under the Drainage Act of Ontario, they have decided that they are not prepared to pay their way," she said.
Jones said ROMA believes it is a constitutional issue.
"A federal agency saying that they don't need to comply with provincial or municipal bylaws is something that should not be settled by the CTA, but indeed in Ontario Superior Court," Jones added.
"We've been communicating with the other municipalities who also have concerns," Jones said. "I know that they will be watching. I'm sure that they will be quite satisfied that ROMA has asked for this, because although it's Sarnia versus CN, it's the principles that we are hoping to be able to present."
When asked by Sarnia News Today, neither ROMA, nor the City of Sarnia, would provide details on how much CN owes the city.
Sarnia Communication Manager Steve Henschel said city council has directed staff to respond to CN Rail’s application to the CTA.
"Given that this direction came out of an in-camera session, and pertains to an ongoing legal matter, the city cannot provide any further information at this time," said Henschel.
When contacted on Friday, CN said it stood by its statement made in February that the cost apportionment of work required on, over, or under its right of way, ought to be determined by existing federal processes found in the Canada Transportation Act.
"CN has always stated that it is willing to pay its fair share based on the determinations of those federal processes," said Public Affairs Manager Daniel Salvatore.
CN declined to comment further until the CTA renders a decision.
