Heather Wright/The Independent

Ontario municipalities – including Plympton-Wyoming and Warwick– have won the first round in the fight to make rail companies pay for drain improvements.

For several years, Canadian Pacific and Canadian Nation have refused to pay for improvements for drains near rail right-of-ways The company said it is regulated by the federal government and doesn’t have to follow the Ontario Drainage Act.

Plympton-Wyoming and Warwick were among the municipalities in Ontario who are owed about $1 million because CP won’t pay up.

Warwick is owed $160,000 and Plympton-Wyoming has billed CN $80,000 which is still outstanding. They’re not alone.

The City of Sarnia has also put off a project on Mandaumin Road because CN Rail will not pay the $250,000 it owes under the Drainage Act. CN Rail hopes to settle the matter at a CTA hearing.

The Rural Ontario Municipal Association says over 30 municipalities across the province are owed money by CN.

The Association of Municipalities of Ontario says the rail companies owes about $1.5 million for new drain construction and maintenance across the province. AMO added about $2.7 million worth of drainage projects are in limbo because of CN’s refusal to pay.

Chatham-Kent, which is also owed money, took the matter to the The Ontario Superior Court Drainage
Referee, with the backing of the other municipalities, the Rural Ontario Municipal Association, the Ontario Attorney General and the Ontario Federation of Agriculture in the fall.

Ryan Tamming, Plympton-Wyoming’s Drainage Coordinator, told council Wednesday that referee “confirmed that federally regulated railways, including CP, are required to pay drainage assessments under Drainage Act.” The referee said the Drainage Act is valid legislation and applies to all property owners including railways.

Tamming says the referee said CP should pay its outstanding bill, including Plympton-Wyoming’s, and advised the town to resubmit their bills to the railway.

Whether that money flows is unlikely. Tamming said CP has already said it plans to appeal to Ontario’s Superior Court. Chatham-Kent is expecting the appeal to be filed any day now.

Plympton-Wyoming Councillor Bob Woolvett praised Mayor Gary Atkinson, who worked with Warwick Township Mayor Todd Case to raise awareness about the problem.

Atkinson seemed subdued about the decision, saying only “it would be nice to get our money.”