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RFD- 3139 Bylaws   Item #   9. a.    
Regular Council Meeting Agenda
Meeting Date: 10/10/2017  
Title:    C-1018 -17 - Third Reading - Train Whistle Cessation Bylaw - Levasseur
Department: Planning & Infrastructure  
Strategic Vision Element: Where People Choose to Live - A dynamic city with an exceptional quality of life Related Goal: Citizens feel safe within their communities.

Information
Request for Decision Summary
The purpose of this report is to seek Council's consideration of third reading for C-1018-17 - Train Whistle Cessation Bylaw. 

Administration supports this bylaw as it will ensure that all at grade crossings within the City will be "no-whistle" crossings. 
Proposed Motion
That third reading be given to Bylaw C-1018-17 - Train Whistle Cessation Bylaw.
Background/Analysis
The City of Spruce Grove proposed C-66-88 - Train Whistle Noise Bylaw in 1988, however the bylaw was never enacted and first and second reading were subsequently rescinded in 1989. Instead, a resolution was passed to request CN to issue special instructions prohibiting the sounding of train whistles, emergencies excepted, at the Century Road and Golden Spike Road crossings, but not at the Campsite Road crossing.

This has resulted in trains still signaling prior to crossing at Campsite Road by using the train whistle. For the City to include Campsite Road as a non-whistle crossing this bylaw will need to be passed by Council as per the Railway Safety Act, R.S.C. 1985, c.32 (4th Supplement).  

As per the direction set by Transport Canada and found within the document titled, "Procedure for Train Whistling at Public Grade Crossing",  the City is following the 8 steps identified within this document to ensure the City completes all necessary documentation.
Options/Alternatives
N/A
Consultation/Engagement
The City has been in contact with CN to ensure they are fully aware of the City's intentions. CN has also been providing support on the process in order to ensure successful whistle cessation at Campsite Road.
Implementation/Communication
If this bylaw is approved steps will still need to be completed prior to full whistle cessation being implemented as outlined in the Transport Canada document, "Procedure for Train Whistling at Public Grade Crossings". The means that even upon approval of the bylaw, train whistle cessation will not be implemented at the Campsite Road rail crossing until CN confirms in writing that all requirements at the identified crossing meet the safety and technical standards for cessation of whistling on railway equipment in accordance with the provisions of the Railway Safety Act. 

CN has identified work that needs to be completed prior to implementing the whistle cessation (estimate of the work is currently being determined). CN will notify Transport Canada and will then inform the City that it has arranged to have whistling ceased at the identified crossing and the City and CN will share responsibility for monitoring and maintaining the conditions that support the cessation of train whistling at all crossings (Century, Golden Spike and Campsite Roads).
 
Impacts
Train whistle cessation at all rail crossings will maintain the health and welfare of residents due to the restricted noise exposure.

Fiscal Impact
Financial Implications:
CN is preparing an estimate for the work that will be required to ensure the at grade crossing at Campsite Road meets all the safety requirement set by Transport Canada. Once the estimate is received an amendment to the City's Corporate Plan may need to be completed depending on the cost.
Attachments
C-1018-17 - Train Whistle Cessation Bylaw
Schedule A - C-1018-17 - Train Whistle Cessation Bylaw
Transport Canada - Procedure for Train Whistling at Public Grade Crossings

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