##  [Railway Reclamation: Issues and Opportunities](/resource/railway-reclamation-issues-and-opportunities) 

Organization

[Canadian Land Reclamation Association (CLRA)](/organization/canadian-land-reclamation-association-clra)

[Government of Alberta (GoA)](/organization/government-alberta-goa)

 

 

Project

[National CLRA Conference Papers](/project/national-clra-conference-papers)

 

Resource Type

[Report](/taxonomy/term/38)

 

 

Author(s)

Chris Powter

David Lloyd

 

 

Resource Date:

1996

 

Page Length

11

 

 

As of August 15, 1978 the Land Surface Conservation and Reclamation Act required, among other things, the reclamation of railways covered under the Railway Act of Canada. Railways abandoned before that date were not subject to the legislation.

On September 1, 1993, Alberta's *Environmental Protection and Enhancement Act* came into effect. The  
Act, and the *Conservation and Reclamation Regulation*, again required that these lines be reclaimed following abandonment and added the requirement that operators obtain a reclamation certificate. In neither case did the Acts refer to the construction or operations phases of railways since the lines are for the most part constructed and operated under federal legislation.

In 1994, in response to requests for information from the railway industry with respect to the criteria for railway reclamation, a joint government/industry/public Steering Committee was struck to discuss issues. The Steering Committee assigned the task of developing reclamation criteria to a Working Group composed of  
members from Alberta Environmental Protection, Alberta Agriculture, Food and Rural Development, three  
railway companies (CN, CP, CWR), the Farmers' Advocate, and the Alberta Association of Municipalities,  
Districts and Counties.

The Working Group also recommended clarifying that railway lines abandoned before August 15, 1978  
were not subject to the Act, and that railway lines abandoned between August 15, 1978 and September 1, 1993 would require reclamation but be exempt from the requirement for a reclamation certificate. The latter  
exemption recognizes that no detailed reclamation criteria were in place between the two dates. However, with no reclamation certificate, the operator of the railway line retains liability for reclamation issues relative to the requirements outlined in the criteria. These changes will be formally implemented when the *Conservation and Reclamation Regulation* is amended in September, 1996.

When the Regulation is amended, an Information Letter entitled Reclamation Criteria for Abandoned  
Railways will be released. The Information Letter, and the associated reclamation certificate application form  
represents the results of the Working Group.