THOMPSON & MCCONNELL

Page 2

Noise Control - C.P.R. Yards and Crossings

It must be pointed out that the provisions of the
"Railway Act" only apply to level crossings within
the Municipality, and any by-law passed pursuant
to that Act would be ineffective in controlling
‘noise generated by operations within the C.P.R.
yards. However, as the City presently has a "Noise
Control By-law" enacted pursuant to Section 870(c)
of the "Municipal Act" it would seem worthwhile for
the City Council to attempt to enforce this by-law
with regard to noise emanating from the C.P.R. yards
as this is not subject to regulation by the senior
governments and thus should come within the juris-
diction’ of the Municipality.

You will note that under the Regulations of the
C.T.C. and Subsection 3 of Section 152 of the
"Railway Act" of B.C., an applicant Municipality

is required to erect and maintain certain signs and
to provide certain information, all of which is
likely to prove expensive and a continuing’ cost to
the ratepayers of the Municipality. In view of this,
the City Council will find it necessary to weigh
these costs against the benefits achieved in light
of the costs to all ratepayers and the benefits to
possibly only a few. .

With regard to the matter of responsibility in the
event of accident referred to in the second paragraph
of your letter, we are of the opinion that when the
by-law is.approved by the Transport Commission, the.-
City would not incur any additional responsibility
for liability in enacting the by-law. However, we
must hasten to add that if the City were negligent
and did not erect and maintain every sign and other
required additional safety protective measure which
was required as a condition to the approval of the
by-law, it very likely could find itself held liable.

We trust that this information will be of some assistance and if we
can be of any further assistance in this matter, we shall be pleased
to do so.

Yours truly,

THOMPSON, & McCONNELL
A. K. Thompson

DSf:smec
60/1-2B