NDP mulls way to speed up Churchill rail fix
May ask court to force Omnitrax to begin repairs immediately
By: Dylan Robertson
Posted:
07/4/2018 10:40 PM
OTTAWA — Afraid Omnitrax will stall repairs along Churchill’s railway into the fall, the provincial NDP is pondering asking a court to compel Omnitrax to get repairs underway before the winter.
Tuesday was the Canadian Transportation Agency’s (CTA) deadline for Omnitrax’s subsidiary, the Hudson Bay Railway Company (HBRC), to start repairs along the line, imposed in a ruling last month after the provincial NDP filed a formal complaint.
But no shovels are in the ground yet, and Omnitrax only had the engineering firm Aecom start its request for proposals last Friday. Meanwhile, Omnitrax is hinting it can’t afford the repairs — despite the regulator saying their obligation to start immediate repairs doesn’t change based on their finances.
NDP Leader Wab Kinew said he’s trying to avoid the regulator finding ending up in a lengthy appeal process, because that might delay repairs until next year.
"We want to make sure that we do right by the people of Churchill and other communities affected, so we’re thinking carefully about our next step here," Kinew said in a Wednesday interview.
In a Tuesday lunchtime statement, Omnitrax claimed its 10 months of talks with Ottawa about transferring the port and railway to local owners had "broken down." It also hinted it might not complete repairs if it can’t sell the line.
"We are not in a position to fund the entirety of the repairs to the HBR in the absence of a sale agreement," reads the press release.
That contradicts the CTA’s order, which says it’s up to HBRC to either repair the line, find a buyer or enter a formal continuance process, which would have Ottawa try finding a buyer and nationalizing it if no one can be found. "A company that does not avail itself of this option has ongoing obligations," the regulator ruled.
On Wednesday, the CTA said it can file its rulings with the Federal Court as well as certain superior courts when they aren’t followed. If they still aren’t followed, that can result in being found in contempt of court. "Agency staff are monitoring the situation to assess compliance with the order," spokeswoman Trinh Phan wrote.
Kinew said the NDP will be asking the CTA if it can issue another ruling which clarifies Omnitrax must get repairs underway. The party might also petition the Federal Court for an enforcement order to have Omnitrax get repairs started immediately.
Otherwise, the company can seek permission to appeal the ruling next Friday, which could take the Federal Court two months until it actually hears that appeal. That could stall any repairs until next year, because the area usually freezes in November. Kinew said he’d ask the Pallister government to be part of the court action, if it comes to it.
"We’re trying to figure out what can we do that’s going to create the best chance to get the rail line fixed this year," he said, adding issues with the transfer talks suggest the need to "push this (CTA) process along."
Omnitrax’s repair plan remains unclear, because it is limiting access to its tendering documents — which would reveal the most recent costing, timeframe and damage assessment — to select rail contractors.
The area’s MP, Niki Ashton, also visited the town to hear from residents on Tuesday. On Wednesday, she told reporters in Winnipeg Prime Minister Justin Trudeau needed to "show some gumption" and "backbone" by visiting Churchill himself.
John Woods / The Canadian Press: Churchill-Keewatinook Aski MP Niki Ashton heard from Churchill residents on Tuesday. Locals said they fear their town will disappear without a rail line serving the port.
"We heard: ‘Why is the prime minister spending so much time travelling the world when we here are hurting so badly?’"
She said Ottawa’s "empty rhetoric" is causing "unmitigated anger, frustration and deep disappointment," Ashton told reporters at the Via Rail Union Station in downtown Winnipeg.
Separately, Manitoba Sen. Patricia Bovey said the town seemed resilient during her visit this week. "The collective presence of that community is inspiring; the determination in adversity is magnetic," she said.
Bovey said the town is focused on its long-term viability, and a Tuesday summit on that topic aboard the coast guard’s Amundsen icebreaker was "utterly fascinating" and "very constructive." She said it touched on climate change, sovereignty, Indigenous rights and Winnipeg businesses that ship to Nunavut.
"We’re on the cusp of some very significant changes and opportunities," she said.
Yet, Bovey admits town residents are under immense stress and desperately want a solution to the rail disruption. She’s also wondering how officials managed to send up a propane shipment which seems to have fallen short.
Last week, town officials said the province’s 2.2-million-litre sealift of propane that arrived last October was almost depleted, and locals would have to ration supplies until another shipment arrives in mid-July. That’s despite a decline in the town’s population and fewer tourists during the northern-lights season.
"One can only ask: ‘How on Earth did that happen?’ It was plus 4 (C) on Monday when we were out on the water. That’s not warm," Bovey said.
The provincial government did not explain the shortfall last week, citing the media blackout for the St. Boniface byelection. "I certainly understand an election blackout, and I understand operational budgets and all — but this is an emergency," Bovey said.
Ashton had harsher words, saying locals fear their town will disappear.
"The people of Churchill have had enough, enough of Omnitrax’s games, enough of feeling they’re being held hostage — and that was a word I kept hearing repeated," she said.
The local school lost 50 pupils this year, and reportedly another 20 when Omnitrax laid off port workers in 2016. Ashton said pensioners are now leaving the town, unable to live on fixed incomes with mounting food costs.
Transport Minister Marc Garneau acknowledged residents’ frustration.
"I can understand them, because we are getting into the active part of the construction season, so we’re very mindful of that," he told the
Free Press at an unrelated news conference. "The government is certainly very engaged on it, because of our commitment towards the people of Churchill and of northern Manitoba."
