Letter Decision No. LET-R-183-2000
Noise complaint by The Fontainebleu Train Noise Steering Committee (Committee) regarding noise from the Canadian National Railway Company's (CN) operations, Windsor, Ontario.
Canadian National Railway Company The Fontainebleu Train Noise Committee
This refers to CN's letter dated June 20, 2000, in regard to the above-noted matter.
In the absence of a mediation agreement, the Canadian Transportation Agency (Agency) must proceed with the formal adjudicative process. This process shall include a site inspection which shall be attended by Agency staff. The Agency shall also request the attendance of Transport Canada, Safety Personnel who are familiar with train operations in this area. The parties are requested to confirm that the date of July 7, 2000 for the site inspection is mutually agreeable.
In order to ensure that the site inspection is effective, it is essential that relevant information is prefiled with the Agency. Accordingly, CN is ordered to file immediately all of the information specified in the Agency's letters LET-R-132-2000 dated May 12, 2000, LET-R-161-2000 dated June 2, 2000 and LET-R-175-2000 dated June 16, 2000. In the face of continuing non-compliance with these decisions, the Agency shall deposit this decision with the Federal Court pursuant to section 33 of the Canadian Transportation Actfor the purpose of enforcement.
Under separate cover, the Agency will deal with the mediation process option.