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Staff Report
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Report To: General Government Committee
Date of Meeting: January 13, 2025 Report Number: PDS-001-25
Authored by: Robert Brezina, Capital Works Engineer
Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Mary-Anne Dempster, CAO
By-law Number: Resolution Number:
File Number:
Report Subject: Whistle Cessation at CN Rail Grade Level Crossings at Bennett Road
and Cobbledick Road
Recommendation:
1. That Report PDS-001-25, and any related delegations or communication items, be
received;
2. That staff be directed to continue with work to implement whistle cessation at the
Bennett Road and Cobbledick Road CN Rail grade level crossings;
3. That staff be directed to report back with a draft resolution in Q1 2025 to implement
whistle cessation and to provide notice of intent to the public in accordance with the
applicable Federal legislation; and
4. That all interested parties listed in Report PDS-001-25 and any delegations be advised
of Council’s decision.
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Report PDS-001-25
Report Overview
The purpose of this report is to provide Council with an update on the progress of work to
secure whistle cessation at the Bennett Road and Cobbledick Road CN Rail grade level
crossings and request that Council direct staff to submit formal request to CN Rail for whistle
cessation.
1. Background, Previous Council Resolutions and Budget
Approvals
1.1 Municipal residents have raised concerns about the noise of train whistles at the
Bennett Road and Cobbledick Road CN Rail grade level crossings (the “Crossings”),
particularly those residents within the Wilmot Creek Community that reside within close
proximity of the Crossings, with numerous delegations made to Council throughout the
years.
1.2 From 2018 Council has directed Staff to undertake various actions in support of their
commitment to pursue whistle cessation at the Bennett Road and Cobbledick Road
grade level crossings. These include:
Resolution #C-072-18 (March 2, 2018) directed staff to report back on the
estimated costs associated hiring a consultant to review municipal wide whistle
cessation, to report back on options for low-cost highway rail active warning
systems.
Resolution #GG-389-18 (September 19, 2018) directed that a Municipal Wide
Whistle Cessation Study be referred to the Municipality’s 2019 Budget.
1.3 Council subsequently redirected focus specifically for the Bennett Road and Cobbledick
Road grade level crossings:
Resolution #C-066-19 - Special General Government Committee Report to
Council – February 25, 2019
That Capital Project 32-330-19107 – Whistle Cessation Study, in the amount up to
$150,000, be drawn from the Tax Rate Stabilization Reserve Fund to proceed to
the next step, as per the 2018 study (referring to a study undertaken specifically
for Bennett Road and Cobbledick Road), for nighttime Whistle Cessation at
Bennett Road, Cobbledick Road and Lake Road;
Resolution #C-349-20 (July 7, 2020) directed staff to report back at the Joint
Committee meeting of September 14, 2020, with potential funding options and
various data requests pertaining to safety improvements at the Cobbledick Road
and Bennett Road grade level railway crossings in the pursuit of whistle cessation
at these crossings.
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Report PDS-001-25
1.4 From 2020 to 2022 Council approved Capital Budget to move forward with the required
safety improvements to support the implementation of whistle cessation.
1.5 The Municipality successfully obtained a commitment for up to $697,000 from Transport
Canada’s 2022 Railway Safety Improvement Program (RSIP) for the proposed safety
upgrades at the Cobbledick Road grade level crossing.
2. Road and Grade Level Crossing Characteristics
2.1 Both roadways primarily service traffic movements into and out of the Lakebreeze
Subdivision and the Wilmot Creek Community.
2.2 Bennett Road is ultimately expected to see approximately 3,200 vehicles per day.
2.3 Data received by the Municipality from CN Rail indicates that both grade level crossings
currently see 54 annual daily railway movements comprised of 21 CN freight trains and
33 high speed passenger class VIA Rail trains.
3. Infrastructure Upgrades and Current Status
3.1 During budget preparation, a pre-consultation meeting between Municipal Staff and CN
Rail was held to determine the safety upgrades required to permit whistle cessati on.
Further to this, the following safety issues were noted:
The close proximity of Service Road to the grade level crossing contained
partially obstructed sightlines due to CN above ground infrastructure.
The rail corridor carries CN Rail freight in addition to VIA Rail passenger trains
which vary in travel speed. This variance creates a non -uniform warning signal
activation which can result in excessive queues due to slow trains and can lead
to impatient motorists. Replacement of the warning system with a Constant
Warning Time Device would create uniformity and predictability in warning
system activations and deter dangerous movements due to impatience or false
perceptions of a clear rail corridor.
There were several signage and line painting deficiencies that were not in
compliance with current grade crossing standards that needed to be rectified.
3.2 Staff facilitated and coordinated with CN Rail for the installation of the required safety
upgrades at the grade level crossings that would permit whistle cessation to be
implemented at the crossings. Installation of the new safety upgrade infrastructure was
delayed due to CN’s competing priorities in addressing mandatory upgrades to grade
level crossings to comply with Transport Canada’s requirements and in-service deadline
dates, as well as addressing deficiency orders issued by Transport Canada thereby
occupying much of CN’s staff and material resources.
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Report PDS-001-25
3.3 The warning system safety upgrades were completed at both grade level crossings with
an in-service date of May 29, 2024. These upgrades included the installation of a
Constant Warning Time Device / Motion Sensor Device warning system, relocation of
the CN Rail communications bungalow at Cobbledick Road, corrections to roadway
signage and line paint, and vegetation removals. Further deficiency corrections on the
road approaches and upgrades to the Bennett Road crossing surface were completed in
September 2024.
3.4 The grade level crossing warning system upgrades at Bennett Road were required as
part of the Conditions of Draft Approval for the Lakebreeze Subdivision and were funded
by the Developer with no Municipal contribution required.
4. Subsequent Steps – Transport Canada Whistle Cessation
Guideline
4.1 Staff are currently preparing to initiate the next steps of the whistle cessation process
outlined by Transport Canada, namely:
The Municipality notifies all relevant associations, organizations, and the public of
its intent to pass a resolution to stop train whistling at the Crossings.
The Municipality passes a resolution stating that it agrees that train whistling
should not be used at the Crossings and subsequently notifies Transport Canada
and all relevant associations and organizations of the resolution.
A full description of Transport Canada’s whistle cessation guideline can be found at the
link below:
https://tc.canada.ca/en/rail-transportation/grade-crossings/apply-stop-train-whistling-
public-grade-crossing
5. Financial Considerations
5.1 Each grade level crossing maintains a separate and site-specific Board Order which
outlines the responsibilities and cost share obligations of both the rail authority and
Road Authority (the Municipality) as it relates to the maintenance and r eplacement of
any grade level crossing infrastructure including the warning system.
5.2 Although the grade level crossing Constant Warning Time Device / Motion Sensor
Device warning system was paid for in full by the Municipality and the external
Developer, the warning system remains an asset under CN’s direct ownership and will
maintain a 50% / 50% maintenance cost share split as noted in the current Board
Orders for each grade level crossing.
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Report PDS-001-25
5.3 The Municipality pays an annual maintenance fee to the rail authority for the general
operation and upkeep (maintenance, warning system testing, electricity, etc.) of the grade
level crossings and warning system infrastructure. CN has advised that, as the existing
system prior to the upgrades contained a crossing warning system with gates, and that the
upgraded systems reflect the same condition, no annual maintenance increases will result
from the implementation of the Constant Warning Time Device / Motion Sensor Device
warning system above the annual indexation increase regulated by the Canadian
Transportation Agency.
5.4 Further to the above, the Municipality will be required to maintain the grade level crossings
to ensure continued compliance with Transport Canada’s Grade Crossing Regulations and
Grade Crossing Standards. This includes the upkeep of the road approach surfaces, the
crossing surface between the rails, road signage, line painting, vegetation removal, etc. If
a crossing falls below compliance, the rail authority may choose to reintroduce whistling at
their discretion.
5.5 At the time of this Report, final invoicing from CN Rail has not been received and the final
cost for the implementation of the safety upgrades has not been determined however final
costs are projected to come in under the allocated budget.
6. Strategic Plan
6.1 Not Applicable.
7. Climate Change
7.1 Not Applicable.
8. Concurrence
8.1 Not Applicable.
9. Conclusion
9.1 It is respectfully requested that Council direct Staff to report back with a draft resolution in
Q1 2025 to implement whistle cessation and to provide notice of intent to the public in
accordance with the applicable Federal legislation.
Staff Contact: Robert Brezina, Capital Works Engineer – Planning and Infrastructure Services,
905 623 3379 ext. 2331 or RBrezina@Clarington.net
Colin Lyon, Associate Solicitor – Legislative Services, 905 623 3379 ext. 2027 or
CLyon@Clarington.net
Interested Parties:
The following interested parties will be notified of Council's decision:
Sandra Moore – President – Wilmot Creek Homeowners’ Association