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It took more than two years but the Uniacke Trails Association’s complaint against the Windsor and Hantsport Railway Company has been dismissed by the UARB.

It’s a decision that isn’t sitting well with the volunteer group.

In late December, the Nova Scotia Utility and Review Board released its decision relating to the UTA’s request that the board revoke the Windsor and Hantsport Railway Company’s operating license for non-compliance of various conditions.

A Sept. 30 virtual hearing before Richard J. Melanson was held between the Uniacke Trails Association, represented by president Paul Smith, and the Windsor and Hantsport Railway Company, represented by Christopher C. Robinson and Mark Blades.

“The board is mindful that considerable effort has been expended to date as part of this proceeding,” Melanson wrote in the report’s concluding remarks. “Nevertheless, it has been convinced that the UTA is not the proper party to bring a complaint with respect to the issues raised before it. This proceeding should therefore not continue based on the UTA’s complaint.”

The Uniacke Trails Association initially wrote a letter to the UARB in June of 2018. In a follow-up letter later that same year, the association alleged the WHRC had failed to comply with the Railways Act and its regulations. It was the association’s assertion that the railway company had also violated the terms of its operating license.

The UTA requested the UARB direct WHRC to immediately make an application to abandon its railway line and that the WHRC’s operating license be suspended or revoked.

But those requests were not even considered as the group’s authority was called into question.

“After two years, we never got to actually discuss the validity of our complaint,” said Smith in a Jan. 5 phone interview.

“We put a lot of time and a lot of work into this thing ... It was a fairly daunting task because everybody else is represented by lawyers and we don’t have the money for lawyers,” said Smith of the volunteer organization.

“I know way more about the Railways Act now than I ever wanted to know, that’s for sure,” he added.

The UTA noticed the railbed from Windsor Junction to Windsor had been falling into disrepair. A train hasn’t operated for more than a decade. If it’s not being used for transportation, the group wants to see it transformed so the public can use it for recreational activities.

“The line between Windsor Junction and Windsor is currently owned by CN and it was leased to the Windsor and Hantsport Railway but that lease expired almost a decade ago and there’s been no trains on it since. The rail line has deteriorated. It’s overgrown,” Smith said.

Several sections of railway tracks were removed so an access road could be created to connect to a residential development located off Windgate Drive in Windsor Junction.

The railway between Windsor and the valley is owned by the Windsor and Hantsport Railway Company and there are a number of sections that have been converted to trails, with the Hantsport aboiteau section being completely removed.

Smith said “it’s impossible” to operate a train to connect with the CN’s main line now.

After working so hard to bring the issues to light, Smith said the group is frustrated with the end result.

“The process with the UARB is long, involved and complicated,” said Smith.

When the UTA submitted its complaint, the volunteers received correspondence from the UARB indicating the board felt it was a valid complaint and it would hold a hearing on the matter.

Then the Windsor and Hantsport Railway Company challenged the UTA’s right to submit a complaint, which led to the virtual hearing in September.

“It’s disappointing and disturbing that they’ve reversed the decision that they made on the validity of our complaint. That’s what we find kind of frustrating,” said Smith.

“They never considered the complaint itself. We don’t know how that would have gone. We never got that far.”

The 28-page report outlines the steps the UARB made following the request to investigate the UTA’s claims and how it came up with its decision.

“In this case, the UTA has no direct interest in the operation of railways. It is not a railway customer, or someone in the supply chain serviced by the railway,” Melanson wrote. “The UTA does not own property impacted by WHRC’s railway operations. Its mandate does not relate to railway safety and it has raised no expertise in this area.”

Melanson noted the board did not find the UTA’s interest improper but, from a legal standpoint, found it to be insufficient to grant them status as a complainant.

In Melanson’s Dec. 23 report, he wrote that “The remedy which has been requested, if granted, would effectively terminate WHRC’s ability to operate a railway and could ultimately lead to the forced sale to the province. These are significant potential repercussions.”

Melanson noted that the WHRC must “be fully aware of the case it must meet” if those remedies are sought in the future by another complainant.

“The board makes no comment on whether they will be, or should be; the board is of the view the process should be led by a party with a real and substantial interest, in the legal sense, in the outcome of the proceeding.”

Smith said he would like to see another entity champion the cause. He said the group may contact the Department of Transportation and Infrastructure Renewal to see if there is an interest, as they were granted intervenor status and the UARB report noted “DTIR can represent the public interest at large and balance the object of promoting railways in the province with other considerations.”

The owner of the rail line, Bob Schmidt, could not be reached for comment as of press time.