At present, there is no possible recourse with the agency. We're going from one system where there is no possible recourse to one in which the agency will have full powers to examine such matters and mediate the situation, so that a decision can be made and implemented by the rail companies.
This represents a major step forward. Rail companies are on board with this approach. In my opinion, the “unreasonable noise” standard is the only one that is feasible, from a pragmatic standpoint. Barring economic constraints or parameters, the “least noise” approach can only bring us closer to the “no noise at all” criterion.
The main issues in terms of noise are people living close to railroads and site development. Some provinces, Ontario in particular, have a much more formal process in place whereby railways can intervene prior to residential development construction and argue in favour of setbacks. In my view, this is the best way of handling these problems.
Quebec does not have a similar law on the books. No prior indication is given that a residential development is being planned. This only becomes apparent when construction begins. Unfortunately, houses are built much too close to the rail lines and inevitably, over time, residents complain about the noise. To my way of thinking, giving the agency the power to look into the situation and to sanction rail companies for unreasonable noise levels is a positive step. And that's why I recommend that you adopt this bill. We'll be able to put the law to the test and to fine tune it as needed.