Ontario’s Drainage Act applies to all - including national railways

In an important milestone, an Ontario court has ruled that Canadian Pacific Railway is not above Ontario law. The Ontario Court of the Drainage Referee has decided that Ontario’s Drainage Act is applicable to the federal railways and like all landowners, they must pay the cost of municipal drainage work apportioned to their property. 

This decision came from litigation between Chatham-Kent and CP. ROMA, which was granted status as a legal intervenor in the case, presented the impact of railway behaviour on rural municipalities. 

ROMA also argued the constitutional issue at the heart of the case – namely the responsibility of federally regulated industries to respect provincial laws. 

Based on ROMA’s research in 2023, unpaid maintenance costs from CP and other railways are more than $500,000. The tab for unpaid capital construction projects is more than one million dollars. About $1.7 million in construction projects have been delayed due to lack of cooperation by railway companies.

Noted ROMA Chair Christa Lowry: “ROMA showed compelling evidence the corporation was systematically disregarding laws that have governed drainage in Ontario for 150 years. Through collaboration with many rural municipalities, we illustrated the financial, economic, and environmental impact of this behaviour on rural communities. When rural municipalities work together, we can make a real difference for our communities.”

Given that CP says it will appeal the ruling, ROMA will continue to offer legal support to once again intervene on this matter and fight back against railways who say they above Ontario law. At this point, the current Referee’s decision provides a basis for municipalities to collect outstanding costs under any existing by-laws.