My Opinion

It is quite sad that since the election Geoff McLellan and the Liberal government have come to the aid of G & W, Nova Scotia Power, A cement plant that will burn tires, Sydney Port fairy tale, and a billionaire coal baron with a long list of safety violations.

Mean while our Health care system is in shambles and the environment is put on the back burner

They have attacked the unions of our province

They have broken many promises

Excessive cost over runs in deals adding up to millions of dollars

IT ALMOST SEEMS LIKE THEY WORK FOR AMERICAN BIG BUSINESS CORPORATIONS.

I don't remember American big business voting in the election

Do you realize that in the Railway Act if a railway company is not operating a railway that they are no longer exempt from paying property tax. You do know that the CBRM pays the highest property tax in Nova Scotia. Yet rather than charge a big American Corporation or collect back rent from the Sydney Port Corporation the CBRM want to remove the tax cap. Now the tax cap isn't fair I agree. However the removal needs to be done carefully otherwise our grand parents on fixed income could lose their house.

Anyway that is my opinion

The following is not my opinion but fact

A fact that has been sitting on a desk some where in Department of Transportation for over 10 years

A fact that is one more example of a failure of our government to make a decision that should take 5 minutes to better the economy of Nova Scotia

SUMMARY OF THE CBRV ISSUES by Mike Johnson
Leaseholders:
On July 27 1993, the Nova Scotia Liberal government of John Savage, (which was in power for 6 more years), sold the CN Rail line between Truro and Sydney to Railtex of America.
This sale, which comprised 236 miles of track, was conveyed as Decision 498-R-1993, pursuant to section 158 of the National Transportation Act of 1987 which states “there would not be any changes to existing railway policies with re to fencing, public crossing maintenance, etc.” These policies date back to the creation of the National Railway in 1867.
Among other things, the Agreement said that CB&CNS agreed “to sell all parcels of land that are not within the line's contiguous 100' right of way to the lessees of that property or adjacent property owners at current market values.”
The current owners, G&W inherited that obligation, as did subsequent governments and are currently in violation of that clause in the agreement, as well as many others. In particular, they have failed to complete any transaction that allowed an adjoining landowner or lessee to purchase the designated property, though several attempts have been made, with Lawyers Steve Andrea, Mike Tobin, and Sheldon Nathanson acting for various residents. In one instance, leaseholder funds were placed in escrow for a sale that we never completed. Over the intervening period of time, the Railway has continued to collect the Leasing Fees. In many cases, the total Fees assessed and paid dating back to 1993 exceeds the value of the land.
The Law Firm currently representing G&W Railway in their ongoing efforts to frustrate these efforts and continue their violation of this section of Decision 498 is Mac, Mac and Mac of New Glasgow.
Crossing Fees:
The Private Railway Crossing Fees Regulations of Section 48 of the NS Railways Act states: “Despite any agreement, a railway company must not charge a person a crossing fee of more than $300, other than with the approval of the (NSUARB) Board under Section 4.“
Paul Allen, the Executive Director of the Board confirmed on December 6, 2012 that, as no application had ever been received from G&W under Section 4, they can only charge the $300.
Not withstanding that G&W has quoted as high as $540US for annual fees, they started a number of years ago to charge a 'One Time' Fee for existing properties of $4000 per Utility. Until recently, they had the gall to post this on the website for the CB&GNS Railway. Thus, if someone wanted to have power, water, land line, internet and cable TV, there would be $20k in 'One Time' Fees, plus $1500/year in annual cost, even though 4 of the utilities would use the same poles!!
Railway Assessment Fees:
In their final 'coup de grace' to ensure that there is no investment along 'their' rail lines, G&W started charging additional 'Railway Assessment Fees' for new construction. Minister MacLellan and MLA Pam Eyking started calling these 'Development Fees', as if to give them some legitimacy, though G&W does not use that term.
To date, there are about a dozen people/properties that have been quoted on these, through NSP, ranging from $10k to $19k, with no apparent consistency. Of course, nobody has actually paid these Assessment Fees, either for new construction or to install additional utilities. For myself, I was originally quoted $18k, later reduced to $14k, but not including an additional 'fee' for Bell Aliant, who actually owns the poles. If these residents were crossing a CN or CP Line, (which would actually be operating!) the cost to the Railway would be $1100.
Conclusions:
-G&W is in violation of Decision 438, and the Nova Scotia Railway Act and in defiance of the authority of the NSUARB. Their Fee Charges are inconsistent with any charges by any other Cdn. Railway, and they also prevent “enjoyment of property and the right not to be deprived thereof, except by due course of law,” as per the Canadian Bill of Rights of 1960.
-The CB&GNS Railway is definitely stifling investment, construction, and development on all the properties between Little Bras d'Or and Grand Narrows. This is particularly ironic considering that we just fought a Mayoralty Election primarily based on Economic Development and Taxes. Yet, here you have an opportunity for $50 million investment in residential construction over the next 10 years, with a resulting increase in the tax base of $500k. But a foreign entity, which has been subsidized in excess of $50 million by the Province, and is a terrible 'corporate citizen', prevents that Development from happening.
-Our Province, Municipal governments and NSP are tacitly complicit in this exercise in that they have failed to represent and protect their constituents, or in the case of NSP, to fulfill their mandate to supply Power for all Nova Scotia citizens. Specifically our MLA, the Provincial Minister of Transportation, and the Premier have been asked and promised on several occasions that they would deal with these issues, but to date have not done so.

Genesee & Wyoming

$120,000

Purpose: participation in rail strategy for Port

In November 2015, HPDP issued a press release announcing it would be “working together” with Genesee & Wyoming on the Port of Sydney container terminal project:

Although the railway has received approval from the Nova Scotia Utility and Review Board to discontinue rail service on the portion of its rail line between St. Peter’s Junction and Sydney, Cape Breton & Central Nova Scotia Railway Limited executives have instead decided to work cooperatively with HPDP to further common goals, including the promotion of the container terminal and the re-commencement of rail service from the terminal lands in the future.

Cape Breton Regional Municipality Mayor Cecil Clarke also welcomed the announcement. ‘Harbor-Port Development Partners are driving a private-sector led development that is gaining momentum. The involvement of CBNS allows all partners to work towards a long term opportunity,’ he stated.

Just two private-sector operators working cooperatively.

Except that, at some point in 2017, the Port of Sydney paid Genesee & Wyoming $120,000 in public money to further that cooperation.

Why did you call this post " Whose Railway is it, Anyway? "

To answer that you would need to read two links

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