SANDRA M STANWAY
Brooks Bulletin
The city is concerned by the lack of a neighbourly heads-up by the federally-regulated CPKC Railway regarding the large garage under construction at the south end of Second Street West near city hall.
When contacted by the city on Aug. 22 about the project that was about to begin, Lisa Tiffin, the city’s community development manager was told municipalities have no jurisdiction over the federal government.
“However, fundamental constitutional issues are raised when a municipality attempts to enact or apply bylaws to control or regulate activities falling exclusively within the jurisdiction of the federal government.
“The fact remains that municipal bylaws are not applicable to activities which are integral to the operation of a federal undertaking,” states an email from CPKC to Tiffin.
As of Friday Tiffin still hadn’t heard from the company. She said she wants to know if there are plans for structure beautification to make it fit in with the downtown area and Veteran’s Park.
“I’m hoping for a mural or some trees or a nice finish on the building. They’ve moved the power lines now, so they’re in front of the building which will make it very hard to landscape,” she said.
Tiffin also questioned the contractors and the requirement for business licences.
“As the construction is being performed on federal lands, we are not obligated to attain any permits and municipal bylaws are not applicable to activities which are integral to the operation of a federal undertaking. If the concern is the competency of the workers, please note that the contractors are certified.”
“What concerns me is that CPKC, being a federal entity, does not need to get a development permit for railway operations,” she said and questioned if the garage is considered railway operations.
“The fact remains that municipal bylaws are not applicable to activities which are integral to the operation of a federal undertaking,” she said.
“They’re not a very good neighbour,” said mayor John Petrie.
“I know they have certain jurisdiction over us but it would have been a nice courtesy call to even ask us. We’re concerned about the beautification of downtown. We don’t want what could be an eyesore at the end of our main street. It is concerning,” he said.
“The best case scenario is they would have reached out to us as a heads-up,” Tiffin said.
The city has been in contact with a lawyer.
Although railways are regulated by the federal government under the Canada Transportation Act and the Railway Safety Act, CP has the right to carry out construction and operations on its property although municipalities can influence construction.
They can enforce local safety and environmental regulations to be complied with during construction, they can express location concerns regarding construction and they can leverage public and political opinion and can escalate concerns to the Canadian Transportation Agency.
In an email to the Bulletin, one reader stated, the construction, “Will diminish the appearance of Veterans Park, Farmers Market, City Hall and the view of the coulee and walk(ing) path!”
