Many Rathnelly residents have noted increased noise from the CP Rail line that runs through our neighbourhood. It is possible to register a complaint about noise and vibration but it is a complicated issue and the railways argue that "operational requirements" allow for reasonable noise levels. Henry Wiercinski, a member of the Annex Residents Association and co-chair of Rail Safety First (supported by RARA) offers this briefing:
Over the years development has encroached on rail corridors. What were once lines on the outskirts of built-up areas now find themselves in the middle of urban areas. The Canadian Pacific Galt, North Toronto and Belleville Subdivisions are one such example. Additionally in response to current development pressures in the Greater Toronto and Hamilton Area driven in part by the Province’s Provincial Policy Statement and Growth Plan for the Greater Golden Horseshoe, residential development is occurring on lands previously zones for employment in close proximity to rail infrastructure.
With respect to the latter, the Canadian Federation of Municipalities has issued guidelines for new development in proximity to rail infrastructure. Some municipalities have also undertaken studies of the issue. These initiatives are in part designed to address safety issues but are also directed to the adoption of techniques to mitigate noise and vibration from rail operation. They are also designed to transfer liability from the municipality and the developer to the end buyer of the property through disclosure and acknowledgement.
However, these initiatives provide no recourse for residents in existing buildings who experience noise and vibration from rail operations.
The Canada Transportation Act (CTA) establishes a process for addressing such complaints.
The process covers both federal freight railways as well as public passenger service providers including urban transit authorities.
Noise and vibration can arise from passing trains, two trains passing concurrently, idling locomotives, shunting, whistling, compression or stretching of trains (buff and draft) and any noise and vibration produced during the construction and operation of a railway.
Over the years trains have gotten heavier as well as longer. Train speeds vary and are subject to regulation. The weight of a train is a function of the goods that are being transported. Some trains carry a variety of goods. These are called mixed manifest trains. Some trains carry only a certain type of goods. These are called unit trains. Railways are generally tight-lipped when it comes to disclosing any information regarding the foregoing, even the number of trains per day.
In addition to weight, length and speed, noise and vibration are also affected by many other factors such as weather, geology, topography, track ballast, type of track, switches (crossovers or frogs) etc.
The science of measuring noise is quite advanced. Vibration measurement, while measurable with instrumentation, is less developed. That said municipalities require that any application for development in proximity to rail infrastructure include a noise and vibration study from an accredited expert.
Section 95.1 of the CTA provides that a railway shall cause only such noise and vibration as is reasonable, TAKING INTO ACCOUNT
* it’s obligations under sections 113 and 114 of the CTA, if applicable;
* its OPERATIONAL REQUIREMENTS; and
* the area where the construction is taking place
Section 113 of the CTA details the level of service a railway must provide to its customers for services such as loading, uploading, transportation and delivery of merchandise.
Section 114 specifies a railway company’s obligations regarding the transfer of merchandise from its railway to that of other railway companies, the return of rolling stock of other companies and the obligation, where a railway forms part of a continuous line with the railway of another company, to maintain the continuous line of transportation.
Sections 113 and 114 do not relieve a railway from its obligation to only cause such noise and vibration as is reasonable.
The CTA has established a process to address noise and vibration complaints which it has outlined in “ Guidelines for the Resolution of Complaints Over Railway Noise and Vibration”.
The Guidelines provide for a staged process that starts with a written complaint to the railway with engagement over the issue. Should this prove unsuccessful, with the agreement of the parties, the matter can move to facilitation and mediation under the auspices of the CTA.
Should these steps achieve a positive result a written settlement agreement would document the result. A settlement agreement can be filed with the CTA.
Failing resolution under this process a formal complaint may be filed with the CTA to conduct an investigation.
Decisions of the CTA are published.
https://otc-cta.gc.ca/eng/decisions?f%5B0%5D=field_mode%3A1347
More than anecdotal evidence of the noise and vibration should be documented.
Expect the railway to push back asserting that the noise and vibration are reasonable to meet its operational requirements.
While the CTA has issued decisions favourable to complainants, this is the exception rather than the rule as can be seen from its published decisions.