TAA’s Opening statement to the UARB on Dec 8, 2015

Here is the full text of TAA’s opening statement, as presented at the UARB hearing in Sydney on December 8, 2014, by Ashley Morton.

Transport Action Atlantic is a non-profit, charitable organization that works to promote and support all forms of public transport and sustainable transportation throughout Atlantic Canada.  We are particularly partial to the rail mode as environmentally responsible, socially beneficial, safe, and efficient. And our membership believes that there must be rail to Sydney.

We understand that the only topic formally before the Board today is simply the question of notice period. However, it is the position of Transport Action Atlantic that it is precisely because this service is so important that the notice period must be as long as possible. A longer notice period allows greater opportunity for another solution to be found, and offers a greater likelihood that that solution, when implemented, will be fully-thought-out and ready to be successful, rather than something “patched together” under the urgency of an impending deadline. Therefore, we must discuss why this rail line must be maintained and enhanced – not discontinued and then abandoned.

First, we point to the letter the Cape Breton Regional Municipality has raised, regarding the commitment made by CN in 1993 to ensure continuing service on this railway, in the event that Cape Breton & Central Nova Scotia ever commenced abandonment proceedings. This commitment was referenced by the National Rail Transportation Board in their ruling allowing the transfer.

CN, as a Crown corporation at the time, clearly spoke with the weight of the federal government behind them. Of course CN is no longer a Crown corporation. But if the privatized CN has not inherited the requirements of that commitment, it clearly must be the federal government that now bears that obligation. However, it is illogical and silly to think that the commitment simply vanished into thin air when the Government of Canada chose to privatize CN. Someone is obliged to fulfill it. Continue reading “TAA’s Opening statement to the UARB on Dec 8, 2015”

Large pro-rail crowd attends Sydney community meeting

Many people gathered in a room for the UARB meeting.

(Editor’s note: Between the two days of UARB hearings, a community meeting to discuss the future of rail service was held on Monday evening, December 8, at the Civic Centre in Sydney, chaired by Mayor Cecil Clarke of the Cape Breton Regional Municipality.  TAA’s Don MacLeod and Tim Hayman were there.  Here is Tim’s first-person report.)

We arrived shortly before 6pm, and the room was already packed. The numbers kept growing up to the start, and it was standing room only (and not much of that!). The crowd seemed to be fairly diverse as well. A sign-up sheet was at the door and attendees were encouraged to sign their names and contact information.

Keith McDonald gave a summary of the UARB hearing so far, and passed it over to Ian McNeil, who made some further comments about the hearing.

Dr. David Rae (Dean of Business at Cape Breton University) then took the floor and gave an engaging and interesting presentation on their plans, emphasizing the need for community support. He wants to arrange the transfer of the entire line, but the issue then is how to gain ownership and get funding for infrastructure. There is a lot of desire to get G&W out of the picture, and bring in a new operator. He suggests some sort of model that would encourage business investment, perhaps similar to the Business Cape Breton model.

There is no illusion that it’s going to be a difficult, but there is no other choice.

The stage was then passed over to Charlie Palmer, who even at 90+ years of age was able to give an engaging and inspiring speech, emphasizing how effective transportation is the key to success. He did occasionally slip into referring to CBNS as CN (no doubt from the many long years of fighting with CN on the same issues!), but he was overall quite coherent and made his point well. He was very well received by the crowd as well.

The floor was then opened to questions from the crowd, some of which were interesting, and some of which were a little off the wall – one citizen seemed to be terrified that if another world war breaks out, we’ll need rail access to the port of Sydney for the war effort (I can’t say I think that’s our best line of attack!). One thing was clear: of the people who spoke, many are passionate about the issue, and a lot of people are very angry with the prospect of losing the line. This seems to be building on many many years of similar losses of service.

There was actually quite a lot of focus on passenger rail, interestingly enough. Some folks wanted a return of the railliners, and several brought up possibility of a tourist train along the Bras d’Or lakes. Dr. Rae mentioned this as well, specifically comparing it to success stories in the UK. This may not be the place to start, but it’s no doubt another option to make the line viable and well used.

One of the exciting things about the meeting was the attendance of NS Transportation Minister Geoff MacLellan, who expressed his firm support for these initiatives. He was very vague in what exactly the Province might do, but he did state clearly that the Province is going to do whatever they can. Bill 65 (the amended Railway Act) is leading to new regulations that should be ready by June, and will ensure that G&W is not able to walk away and leave the cleanup bill to the Province, assuming we get that far along in the process. Minister MacLellan also expressed optimism that there are other possible operators in Canada, the US or elsewhere, who may be able to assume the operation. But the core message was clear: we need to build a business case to keep the rail line there.

CBRM Mayor Clarke then gave a condensed version of his prepared remarks for the UARB hearing. He stressed that while G&W is losing money now, the number of businesses that lose out without the rail line vastly outweigh that. He proposes that a rail operation set up more like the NSPI (regulated utility) model could be successful. He also stresses that G&W has not honoured the UARB process (by effective early discontinuance). His final point is to note that the CN/NS Letter was a deliberate part of the legal process at the time, and that it wasn’t just “some letter”; the core purpose was to ensure the shortline operator would not face undue competition from CN’s intermodal business, by imposing a financial consequence on CN if the shortline failed.

The mayor also mentioned that there are very real major developments in the works, but that they are protected by non-disclosure agreements at this time, which is why G&W has not been able to get details (which they referred to in the hearing as simply “not hearing back” from CBRM).

Save Cape Breton Rail

The railways of Cape Breton have been steadily eroded for several decades, reducing rail service on the island to a mere skeleton of what it once was. Apart from Nova Scotia Power-owned coal shuttle trains running back and forth between Sydney’s coal piers and the Lingan power plant, the last remaining rail link across the island is the Cape Breton and Central Nova Scotia (CBNS) Railway’s Sydney Subdivision. Snaking its way from Sydney down along the Bras D’Or Lakes and joining the mainland of Nova Scotia via the Canso Causeway, this former CN line historically saw heavy freight trains and regular passenger services. Today, it is hardly used at all and may soon be lost for good.

Traffic on the line deteriorated through the 1990s with the closing of Cape Breton’s coal mines, along with declining rail traffic from Newfoundland and cancellation of VIA Rail passenger services. Changing hands from CN, shortline operators RailTex and RailAmerica both failed to generate greater traffic, and deferred maintenance allowed the line to fall into disrepair.

By 2014, new shortline owner Genesee and Wyoming (GWI) was running one train a week on the line. Through a combination of rate hikes, a rejection of a long-standing provincial subsidy, and an application to discontinue services, GWI aims to end any service on the line as soon as possible.

Transport Action Atlantic believes that this line provides a critical piece of transportation infrastructure for Cape Breton island, which needs to be maintained in some fashion to ensure that safe, reliable and sustainable transportation options will be a possibility in Cape Breton’s future. We will be actively involved in the fight to save this rail line, participating in the Nova Scotia UARB hearings and various town hall meetings, and ensuring that our voice is present in the conversation on this issue. Keep an eye on our website for updates on the situation, further information about what we’re doing, and opportunities for you to get involved.