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Report To: General Government Committee
Date of Meeting: April 7, 2025 Report Number: LGS-020-25
Authored By: Colin Lyon, Associate Solicitor
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative 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
Recommendations:
1.That Report LGS-020-25, and any related delegations or communication items, be
received;
2. That Council of The Corporation of the Municipality of Clarington declares that it
agrees that whistles on railway equipment should not be used at the CN grade level
crossing on Bennett Road;
3.That Council of The Corporation of the Municipality of Clarington declares that it
agrees that whistles on railway equipment should not be used at the CN grade level
crossing on Cobbledick Road; and
4.That all interested parties listed in Report LGS-020-25, and any delegations be
advised of Council’s decision.
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Report LGS-020-25
Report Overview
This report’s purpose is to fulfil the legislative requirements to implement whistle cessation at
the Bennett Road and Cobbledick Road CN grade level crossings, which Council previously
directed staff to pursue.
1. Background
1.1 Report PDS-001-25 was brought to the January 13, 2025 General Government
Committee meeting, and provided the history of Council direction for staff to pursue
whistle cessation at the Bennett Road and Cobbledick Road CN grade level crossings,
along with the actions that have been taken to implement the necessary safety
measures to support whistle cessation.
1.2 At the January 27, 2025 Council meeting, Council approved Resolution #GG-004-25:
That Report PDS-001-25, and any related delegations or communication items,
be received;
That Staff be directed to continue with work to implement whistle cessation at the
Bennett Road and Cobbledick Road CN Rail grade level crossings;
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
That all interested parties listed in Report PDS-001-25 and any delegations be
advised of Council’s decision.
1.3 In accordance with the above direction, staff have brought this report to facilitate the
Council resolutions required to implement whistle cessation at the Bennett Road and
Cobbledick Road CN grade level crossings.
2. Legislative Requirements for Whistle Cessation
Railway Safety Act Requirements
2.1 The legislative requirements to implement whistle cessation are found in section 23.1 of
the Railway Safety Act, RSC 1985 c.32 (4th Supp.), which sets out a five-part process
for a municipality to follow:
1. Perform any necessary safety upgrades to bring the area to a specified safety
standard.
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Report LGS-020-25
2. Consult with the railway company that operates the relevant line.
3. Notify a specified list of associations and organisations.
4. Give public notice of its intention to pass a resolution to require whistle cessation.
5. Pass a resolution declaring that it agrees that such whistles should not be used in
the area.
2.2 Requirements 1 through 4, above, have been fulfilled, and requirement 5 will be fulfilled
by Council passing the resolutions recommended by this report.
Safety Upgrades
2.3 The required safety upgrades were completed in September 2024. CN has confirmed
that they are satisfied that the upgrades that have been performed fulfil the
requirements.
Consultations with CN
2.4 Municipal Staff have been in constant engagement with CN from initial project
conception through to completion of the upgrade works. As the owner of the rail
corridor, CN took responsibility as the project leader and completed internal detailed
engineering design, resourcing, coordination, and execution of the project on the
Municipality’s behalf ensuring that the design and implementation met the Municipality’s
objectives.
Notify Specified Organisations
2.5 Communications provided notice to the associations and organisations specified by the
legislation on May 16, ahead of the June 2, 2025, General Government Committee
meeting. The specified associations and organisations as outlined by Transport Canada
include industry and labour groups connected with rail operations and use.
Provide Public Notice
2.6 Public notice of the intention to pass the resolutions for whistle cessation was provided
by Communications on May 16, prior to the June 2, 2025, General Government
Committee meeting. This notice was in the form of a “Public Meetings and Notices”
communication, posted to Clarington.net and sent to subscribers to give adequate
notice to the public:
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Report LGS-020-25
Notice of Intent: Whistle Cessation at Bennett Road and Cobbledick Road
Take notice that the Council of the Municipality of Clarington, at its Regular
Council Meeting on June 2, 2025 intends to pass a resolution to stop train
whistling at the following CN Rail grade crossings:
Bennett Road – Kingston West subdivision (Mile Point 289.08)
Cobbledick Road – Kingston West subdivision (Mile Point 287.26)
The resolution is pursuant to subsection 23.1(1)(b) of the Railway Safety Act
RSC 1985, c 32 (4th Supp), as amended, and is intended to stop the sounding of
a whistle or horn when a train approaches the public grade crossings noted
above. The whistle or horn will not be activated on a regular basis but may still be
necessary in the case of any immediate safety concerns at the discretion of the
operating rail authority.
Significant safety improvements have been made to the crossing’s warning
system, along with road improvements, to enable train whistling cessation at this
location.
Details on how to watch or join a Council meeting can be found at
www.clarington.net/calendar.
Pass Resolutions
2.7 The recommendations of this report contain the required resolutions for Council to pass
to implement whistle cessation at the Bennett Road and Cobbledick Road CN grade
level crossings. Upon the resolutions being passed, staff will notify CN that they are
required to cease train whistling at those crossings.
3. Financial Considerations
3.1 Not Applicable.
4. Strategic Plan
Not Applicable.
5. Climate Change
Not Applicable.
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Report LGS-020-25
6. Concurrence
Not Applicable.
7. Conclusion
It is respectfully recommended that Council pass the resolutions in this report to
complete the process of whistle cessation at the Bennett Road and Cobbledick Road
CN grade level crossings.
Staff Contact: Colin Lyon, Associate Solicitor, 905-623-3379 ext. 2027 or
clyon@clarington.net.
Robert Brezina, Manager of Engineering Design, 905-623-3379 ext. 2331 or
rbrezina@clarington.net.
Interested Parties:
The following interested parties will be notified of Council's decision:
Sandra Moore – President – Wilmot Creek Homeowners’ Association