The Town of Smiths Falls has retained a lawyer to help determine who is responsible for maintaining different parts of the Chambers Street railway underpass.
CAO Malcolm Morris told council Sept. 8 that the crossing remains an active file, with the town working on two fronts: its structural condition and the unresolved division of responsibility between the town and Canadian Pacific Kansas City.
CPKC removes deteriorating concrete
Morris said the town has been working with CPKC since the spring, when it raised concerns about the condition of the Chambers Street crossing.
He characterized the concerns as “primarily aesthetic” but said the town’s focus has been public safety.
“We haven’t done any investigations of our own, nor do we want to,” Morris said. “We believe it’s their structure.”
Morris said CPKC conducts structural inspections of its crossings at least annually. A CPKC engineering crew attended the Chambers Street crossing in late June and returned in July to scale areas of concrete that appeared unstable.
Public Works director Paul McMunn briefly clarified what work was completed.
“As the CAO mentioned, they did remove the pieces that were delaminated from the mass concrete of the approaches coming into the underpass, as well as some pieces that were underneath the bridge proper,” McMunn said.
He said he believed netting had also been installed but would need to confirm that detail.
“They did address some of our immediate concerns,” McMunn said.
Resident Keith Berry previously provided photographs to Hometown News showing deteriorating concrete at the Chambers Street crossing that was visible in one image but absent in a later photograph.
“They (CPKC) did confirm to us that they feel the structure is stable,” Morris said. “There’s no risk in their mind of failure.”
However, the town has not received the structural reports supporting that assurance.
“We’ve asked for their structural investigation reports to convince ourselves that it’s sound,” Morris said. “We have not received them at this point.”
Morris said the town will continue encouraging CPKC to inspect the crossing and undertake any remedial work it considers necessary.
“Our concern, obviously, is any concrete that might come loose,” he said. “It could be a liability, and we want to avoid that situation, both for vehicles and pedestrians using the crossing.”
A century-old cost-sharing arrangement
The uncertainty over responsibility dates to the construction of the Chambers Street underpass more than a century ago.
Documents obtained by Hometown News from the Canadian Transportation Agency show the original project involved Canadian Pacific Railway, the Town of Smiths Falls and Montague Township.
The railway was ordered to construct the underpass. Montague contributed $2,000 toward the work, Smiths Falls paid $13,000 and $5,000 came from the federal Railway Grade-Crossing Fund. Canadian Pacific Railway was responsible for the remaining construction cost.
A later order involving paving again divided costs among the parties. After another $5,000 contribution from the Railway Grade-Crossing Fund, Smiths Falls was assigned 74 per cent of the remaining estimated cost and Montague was assigned 26 per cent.
The historical framework also placed the cost of maintaining the underpass’s substructure and superstructure with the railway. The highway authority was responsible for other maintenance, including the approaches, road surface, sidewalks, drainage and lighting.
The documents establish that Smiths Falls, Montague and the railway all had financial roles in the crossing. They do not conclusively establish how those obligations apply today or whether they were changed by subsequent agreements.
Transport Canada previously confirmed to Hometown News that the railway bridge structure at Chambers Street falls under CPKC’s responsibility for maintenance, inspection and safety.
CPKC separately identified Smiths Falls as the road authority responsible for the approaches, retaining walls, road surface, sidewalks, drainage, lighting, signage and pavement markings.
The town is now investigating whether the original orders support that division of responsibility.
No one raised the Victoria Street pedestrian underpass during the council discussion. Morris’s update focused entirely on the Chambers Street crossing.
Reid joins search for records
Lanark-Frontenac MP Scott Reid has also become involved in the search for answers.
Reid raised the Chambers Street underpass during a presentation to Smiths Falls council in June. He toured the Chambers and Victoria Street crossings Sept. 3 with Berry, Reid’s assistant Shawn Morrison and Hometown News.
“We can serve as an intermediary between the town and any federally regulated businesses,” Reid said in a follow-up email.
Reid said his office has no executive authority over the crossing but can conduct independent research into the legal arrangements governing the infrastructure.
Morrison has asked Library and Archives Canada to locate the original Board of Railway Commissioners documents concerning Chambers Street and any subsequent amendments.
Reid said that research could help establish which party is responsible for each aspect of the required maintenance and repairs.
Town seeks legal advice
Morris told council that under a typical grade-separation arrangement, the railway owns the bridge and the structures supporting its tracks, while the road authority is responsible for the approaches.
“This one’s a little bit different,” Morris said.
The town has uncovered records dating from 1914 to 1916 that may indicate the Chambers Street crossing is governed by a different arrangement.
“We have not been able to prove that, but we’ve done some research,” Morris said. “We do have a lawyer retained to help us sort through that information.”
Morris said the town has also contacted the Canadian Transportation Agency, which can facilitate discussions between a railway and a road authority or adjudicate a formal dispute.
“We hope we can work it out, but there is that lever that we could pull if we needed to bring clarity,” he said.
The town is seeking clarity on responsibility before determining what further work may be required and who would be responsible for completing or paying for it.
“We don’t have clarity on the issue yet,” Morris said. “We’re looking at the history behind that installation to understand who owns what, and then we can decide on what type of remedial work might be necessary.”
No rehabilitation timeline
During council’s discussion, Morris was asked whether CPKC has identified when the underpass might undergo substantial rehabilitation instead of relying on annual inspections and repairs as problems arise.
Morris said CPKC has an asset-management plan but has not said what it entails.
“They didn’t share the details of it or when this structure was due for renewal or some kind of investment,” Morris said.
CPKC did not indicate that the Chambers Street crossing is included in its 10-year plan, Morris said. The town intends to ask the railway specifically about its plans for the structure.
Morris said CPKC advised that the Chambers Street crossing is not unusual compared with other railway structures across Canada.
“It might not look aesthetically appealing, but our initial concern and our focal point has been safety, to make sure it’s not going to collapse,” Morris said. “We’ve been assured that’s not going to happen by a group of talented engineers, but we do need to take it to the next step and clarify ownership.”
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MP Scott Reid joins search for answers over Smiths Falls railway underpasses.
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Who are these “talented engineers “ and where is their report ? Bulging walls , deep cracks , seeping calcium, flooding , falling concrete, etc,etc . OMG