Drainage dispute escalates

ROMA seeks status in drainage dispute with CN

The Rural Ontario Municipalities Association (ROMA) is seeking legal intervener status in a dispute between the CN Rail and the City of Sarnia over the cost of critical drainage work on CN property.

ROMA 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.

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.

In February, the Town of Plympton-Wyoming said it was owed $80,000 in payments from CN under the drainage act, while Warwick Township said it was owed $160,000.

“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.”