Subject: Participation of Transport Canada in the Milton Logistics Hub Project Review Panel Process

Transcription

1 From: To: Cc: Subject: Date: Attachments: Stephenson, Michael R: TC Milton Logistics Hub Panel / Commission Pôle Logistique de Milton (CEAA/ACEE); Keenan, Michael Diogo, Brigitte; Rieger, Jay: TC; Moniz, Patricia: TC; Rudge, Tamara: TC; Little, Jennifer: TC; Jeans, Brian: TC; Lalonde, Natalie: TC Participation of Transport Canada in the Milton Logistics Hub Project Review Panel Process February 17, :42:39 PM Participation of Transport Canada in the Milton Logistics Hub Project Review Panel Process.pdf On behalf of the Deputy Minister, Michael Keenan and with our regrets for the delay. Please feel free to reach back if there are additional questions or clarifications needed. Best regards Michael R. Stephenson Regional Director General Transport Canada / Government of Canada Cel: michael..stephenson@tc.gc.ca Tel: / TTY: Directeur général régional Transports Canada / Gouvernement du Canada Tél. cell: / ATS: michael..stephenson@tc.gc.ca Tél: From: Milton Logistics Hub Panel / Commission Pôle Logistique de Milton (CEAA/ACEE) [mailto:miltonhubpanel.polemiltoncommission@ceaa-acee.gc.ca] Sent: Thursday, February 16, :55 PM To: Keenan, Michael <Michael.Keenan@tc.gc.ca> Cc: Diogo, Brigitte <brigitte.diogo@tc.gc.ca>; Stephenson, Michael <michael.stephenson@tc.gc.ca>; Rieger, Jay <jay.rieger@tc.gc.ca>; Milton Logistics Hub Panel / Commission Pôle Logistique de Milton (CEAA/ACEE) <MiltonHubPanel.PoleMiltonCommission@ceaa-acee.gc.ca> Subject: Participation of Transport Canada in the Milton Logistics Hub Project Review Panel Process Dear Mr. Keenan, Please see the attached letter from the Review Panel for the Milton Logistics Hub Project. Regards, Joseph Ronzio Review Panel Secretariat, Milton Logistics Hub Project Secrétariat de la commission d'examen, Projet de Pôle Logistique de Milton

2 c/o Canadian Environmental Assessment Agency a/s de l Agence canadienne d'évaluation environnementale 22nd Floor, 160 Elgin St. Ottawa ON K1A 0H3 160 rue Elgin, 22ième étage, Ottawa ON K1A 0H3 MiltonHubPanel@ceaa.gc.ca / CommissionPoleMilton@acee.gc.ca Tel: / toll free Tél. : / sans frais:

3 1+1 Transport Canada Transports Canada 4900 Yonge Street, 4th Floor Toronto ON M2N 6A5 February 9, 2017 Our file: RDIMS # , u Ms. Lesley Griffiths Panel Chair Milton Logistics Hub Project c/o Canadian Environmental Assessment Agency 160 Elgin St. Ottawa, ON KIA OH3 Subject: Participation by Transport Canada in the Milton Logistics Hub Project Review Panel Process Dear Ms. Griffiths, Thank you for your letter of January 6, 2017, in which you requested that Transport Canada provide information regarding how the department can contribute to and participate in the Milton Logistics Hub Project Review Panel process. I am pleased to provide the following information for your review. Item #1 - The details of the legislative, policy or other directives under the responsibility of your Department that may relate to the Project or the environmental assessment. Railway Safety Transport Canada is responsible for regulating the safety of rail operations, pursuant to the Railway Safety Act (RSA). The department's role is to monitor all federally regulated railway companies throughout Canada for compliance with rules, regulations and standards through audits and safety inspections. Under the RSA, railway companies are responsible for the safety of their rail line infrastructure, railway equipment and operations, and for compliance with all applicable regulatory requirements. For the Milton Logistics Hub Project, where CN proposes to construct certain railway lines associated with a new satellite intermodal terminal, including the realignment and extension of the existing mainline tracks, the following legislation and regulations relate to the project: Railway Safety Act: Section 8 Notice of Certain Proposed Railway Works; Notice of Railway Works Regulations; Railway Safety Act: Section 11 - Sound Engineering Principles; Canada Page 1 of 4,_..; ~

4 Grade Crossings Regulations (OCR) and Grade Crossings Standards (GCS); The Rules Respecting Track Safety Rules. Depending on the nature of the final Project details, other elements of the RSA may apply. Transport Canada also recommends that CN and the Town of Milton assess the impact of the project on the safety of any new or existing railway crossings as a result of increased train and vehicular traffic. Consideration of the following (as well as their impacts) should be considered at a minimum: Potential for trespassing-related incidents as well as mitigation measures to address trespassing (per s.26.1 of the RSA); Use ofwhistles (per s.23.1 of the RSA); Potential for blocked crossings (per s of the OCR); Effects the project may have on the selection of the 'road crossing design vehicle' (i.e. potentially very large trucks) and its impact on crossing safety; Potential for constructing grade separated crossings in order to avoid any new atgrade crossings and eliminate existing at-grade crossings; Noise and vibration impacts. Transportation of Dangerous Goods In addition to Railway Safety, Transport Canada also has a role in regulating the transportation of dangerous goods by rail and road. Dangerous goods must be handled, offered for transport, and transported in accordance with the Transportation of Dangerous Goods Act (TDG) and its supporting regulations and safety standards. Note that Part 7 of this Act requires persons offering for transport certain dangerous goods to have an Emergency Response Assistance Plan (ERAP) approved by Transport Canada. The TDG regulations also require a TDG training certificate, con1pletion of appropriate documentation, use of the proper means of containment in the appropriate way, proper notification of any 'reportable release' and holding a valid ERAP when required. Navigation Protection Transport Canada's Navigation Protection Program administers the Navigation Protection Act (NP A), through the review and authorization of works primarily in navigable waters. The NP A is designed to protect the safety of navigation by regulating the: Construction, placement, etc. of works in, on, over, under, through or across scheduled navigable waters in Canada that interfere with navigation; Removal of certain obstructions and other things in scheduled navigable waters; and; Depositing or throwing of material such as gravel or mine tailings in navigable waterways. Transport Canada has reviewed the Milton Logistics Hub Project, with respect to potential interactions with Indian Creek and Tributaries A and C. This review has concluded that these waterways are not scheduled waters under the NP A and are considered non-navigable within the vicinity of the Project. Therefore, works affecting these watercourses are not subject to regulation under the NP A. Canada Page 2 of4

5 Item #2 -A description of the interest or expertise of your Department as it relates to the Project or the environmental assessment Transport Canada's role relates to the monitoring of railway companies for compliance with rules, regulations, and standards through audits and safety inspections. The department conducts approximately 30,000 oversight activities, including yearly inspections and audits of railway infrastructure (track, bridges, crossings and signals), equipment and operations. Transport Canada has a robust inspection regime to assess compliance with regulatory requirements. Within the context of the Review Panel process, Transport Canada can apply this expertise to reviewing elements of the proposed works that fall under the RSA and its attendant regulations, rules and standards. Transport Canada can also provide advice regarding the transportation of dangerous goods as it pertains to the construction or operation of this Project. Item #3 - The details of when and how your Department interacts with other organizations in the course of fulfilling its legislative, policy or other directives as mentioned above. Railway Safety Transport Canada interacts with a wide range of stakeholders including railway companies, bargaining agents, associations and agencies, such as the Canadian Transportation Agency (CTA), in the delivery of its mandate with respect to regulatory development, oversight and enforcement. Of particular interest for the purposes of the Review Panel process is the fact that certain elements of the proposed project fall under areas that are governed by Transport Canada and the CT A. This involves a close working relationship and collaboration between the two organizations. For example: The CT A, pursuant to the Canada Transportation Act, can authorize the construction, maintenance or apportionment of the cost of a road crossing or a utility crossing; The Minister of Transport, pursuant to the RSA, can also order the construction, the alteration, the operations or the maintenance of a railway work including the closure of a grade crossing; The proponent of the railway work and each beneficiary of the work could refer the apportionment of the liability to the CT A for a determination if they cannot agree on the apportionment; A Memorandum of Understanding (MOU) exists between Transport Canada and the CTA which states that Transport Canada will provide railway safety input and Canada Page 3 of4

6 related information to the CTA in matters relating to noise and vibration and private road and utility crossings; As part of this MOU, TC agrees, upon request by the CTA, to provide railway safety input for use by the CTA as part of its role with respect to noise and vibration, in cases where railway safety may be an issue, and to provide railway safety input, if any, with respect to an application made to the CTA for the construction of a road, utility or private crossing. Transportation of Dangerous Goods With respect to the transportation of dangerous goods, Transport Canada works closely with departments and agencies such as the Canadian Nuclear Safety Commission, Environment and Climate Change Canada, the Explosives Safety and Security Branch ofnatural Resources Canada, and Health Canada. These groups provide specialized advice on their respective regulations and also participate in compliance inspection and accident response activities within their own area of responsibility. I trust the information above addresses your questions. Transport Canada is committed to fully supporting the Review Panel and we will be pleased to provide additional information throughout the process as needed <Original signed by> Michael R. Stephenson Regional Director General Transport Canada Ontario Region Canada Page 4 of4