The Act was enacted in 1988 in response to a long-standing and widespread concern that Canada’s heritage railway stations were not being protected.Municipalities found provincial heritage preservation laws inadequate to protect railway history as interprovincial rail is within federal jurisdiction.[6] Requests to the Board, in turn, typically originate from local entities such as municipalities and historic preservation groups.[10] The legislation also does nothing to require a railway to maintain a property to Heritage Canada guidelines or repair any damage, even as the structure declines to the point of violating municipal standards.Kingston, Ontario mayor Mark Gerretsen has denounced this situation as a "loophole" as an 1856 Grand Trunk Railway station in that city is designated as being historic but "when CN lost its Crown corporation status they put in legislation that says if the building is ever sold the normal heritage act kicks in.
Though protected, the heritage railway station in Kingston, Ontario has been allowed to fall into ruins