Decision No. 248-R-2016

APPLICATION

[1] The Canadian National Railway Company (CN) filed an application with the Canadian Transportation Agency (Agency) pursuant to subsection 98 of the Canada Transportation Act (CTA), for an approval to move the main tracks between mileages 3.97 and 6.39 of CN’s Montreal Subdivision (railway lines) to allow the reconstruction of the Turcot interchange (Project) by the Ministère des Transports du Québec (MTQ).

ISSUE

[2] Is the location of the railway line reasonable taking into consideration the requirements for railway operations and services and the interests of the localities that will be affected by the line?

LEGISLATIVE REFERENCES

[3] Subsections 98(1) and (2) of the CTA state that:

1. A railway company shall not construct a railway line without the approval of the Agency.
2. The Agency may, on application by the railway company, grant the approval if it considers that the location of the railway line is reasonable, taking into consideration requirements for railway operations and services and the interests of the localities that will be affected by the line.

LOCATION OF THE RAILWAY LINE

[4] The Turcot interchange is one of the busiest road intersections in the Montréal region. It connects Highways 15, 20 and 720 that provide access to downtown Montréal to the east, to the Champlain Bridge that crosses the St. Lawrence River to the south and to the Montréal–Pierre Elliot Trudeau International Airport to the west.

[5] Over 300,000 vehicles use the interchange every day. The road structures are almost 50 years old and must be replaced because they are at the end of their useful life. CN’s tracks at this location are part of the Montreal Subdivision, which is the main line connecting Montréal to CN’s transcontinental network. The line consists of two main tracks, a freight track and a transfer track. Moreover, the Turcot Holding industrial spur (Turcot Holding) will be adapted to the new track configuration.

[6] According to CN, the MTQ considered a number of reconstruction options and has selected the option that allows for modifying the profiles of the interchange and access roads, opening access to the Turcot Yard, lowering the structures and constructing embankments that will increase the useful life of the infrastructure.

[7] This option requires the relocation of the four existing tracks (including Turcot Holding) located between mileages 3.97 and 6.39 of the Montreal Subdivision, at the centre of Highway 20, to a location that is further north, at the foot of the St-Jacques escarpment. Highway 20 will be moved south of the new tracks, as shown on Plan Nos. 60311163‑SKC‑PHVP-C-7002 Revision C and 60311163‑SKC‑PHVP‑C-7003 Revision C dated April 16, 2015. The plans were revised on December 18, 2015.

[8] The option that was selected includes the same number of tracks and maintains the rail service offered to CN’s clients located within the Project’s limits.

[9] The current railway right of way belongs to CN. The land of the future rail corridor is currently owned by the MTQ. The MTQ’s land will be transferred to CN as part of the Project and the other land required for a new Turcot Holding industrial spur will be purchased by the MTQ and then transferred to CN.

[10] The relocation of the tracks will also require realignment of the tracks in the existing right of way to allow for their connection to the relocated tracks.

REQUIREMENTS FOR RAILWAY OPERATONS AND SERVICES

[11] The Montreal Subdivision is a main CN rail corridor that connects Montréal to Halifax, Toronto and Chicago. Currently, an average of 20 freight trains and 23 passenger trains travel on it every day. The subdivision includes two main tracks and several service tracks. CN expects that the number of trains will remain the same, i.e. 43 per day, following the relocation.

[12] The existing grade crossing on De Courcelle Street at mileage 3.60 will be rebuilt to allow the connection of the existing tracks to the relocated tracks.

[13] The Project will include the construction of a new viaduct at mileage 4.56 to allow for the crossing of the new rail corridor and the new layout of Pullman Street, connecting Notre-Dame Ouest Street to Saint-Jacques Street.

[14] In addition, the existing tunnel on Sainte-Anne-de-Bellevue Boulevard will be demolished. The street will be relocated and a new grade separation will be constructed at mileage 6.20.

[15] The existing rail tunnel under the Turcot interchange will be demolished once the relocation of the tracks is completed.

[16] A telecommunications line will cross the future rail corridor at mileage 3.95.

[17] CN plans to enter into agreements for road or utility crossings. If CN is unable to enter into agreements, it will apply to the Agency for approval of the crossings. All road or utility crossings will comply with Transport Canada’s (TC) requirements.

[18] CN indicates that given the complexity of the Project, it is necessary to have only one drainage system. The contractor will submit the proposed plans to CN and begin work upon receiving CN’s approval. Considering the scope and the complexity of the Project, the final drainage system plans are not yet known.

[19] CN undertakes to submit its drainage plans to the Agency as they are finalized.

[20] Pursuant to the memorandum of understanding entered into between TC and the Agency, TC has been notified of the application. A copy of TC’s comments was transmitted to CN by Agency staff.

[21] In its reply dated February 18, 2016, TC submits that according to the information received, TC has no concern with respect to safety, provided that CN complies with all the legislative requirements and that the work is carried out in accordance with the Railway Safety Act (RSA).

[22] In addition, TC states that safety assessments of the crossings that will potentially be affected by the proposed work are required. At least the following items must be assessed:

• risk of accident related to trespassing and mitigation measures to reduce trespassing
• whistle prohibition
• potential obstruction of grade crossing
• impacts of noise and vibrations
• potential grade separation in the event of an increase in rail or road traffic
• type of crossing protection system

[23] Finally, TC submits that the construction of a new grade crossing or any improvement to an existing grade crossing must be done in compliance with the Grade Crossings Regulations.

Findings related to the requirements for railway operations and services

[24] The Agency considered CN’s submissions related to the requirements for railway operations and services.

[25] The Agency agrees that the proposed location of the tracks will allow for the reconstruction of the Turcot interchange while complying with the requirements for railway operations and services.

[26] The Agency notes that CN must comply with the requirements of the RSA and of any other applicable laws or regulations during the construction and operation of the railway line.

[27] The Agency also notes that CN has committed to submitting drainage plans to the Agency as they are finalized.

[28] The Agency therefore concludes that the location of the proposed railway line is reasonable, taking into consideration the requirements for railway operations and services.

INTERESTS OF THE LOCALITIES

Public consultations conducted by the MTQ

[29] CN submits that the MTQ carried out extensive and comprehensive consultations on the Project and that the rail aspect has always been included in the consultations.

[30] According to CN, the Project has been the subject of an environmental impact assessment and review procedure under the Quebec Environment Quality Act and the applicable provincial regulations.

[31] CN states that the MTQ filed the Project notice on May 15, 2007 and the Department of Sustainable Development, Environment and Fight Against Climate Change (MDDELCC) issued its directive on June 13, 2007.

[32] According to CN, the MTQ held three multisectoral meetings and four public meetings for citizens in the fall of 2007. The MTQ met with nearly 60 community organizations, 400 citizens and approximately 20 enterprises. The Project description included the relocation of the rail corridor.

[33] In 2008, the MTQ developed a website for the Project to keep citizens informed, during the construction and demolition phases, of noise level monitoring in some residential areas in the vicinity of the work, the Project schedule, the costs, and measures related to public transit. The site is updated regularly.

[34] According to CN, the MTQ also set up 10 information booths in public locations in the winter of 2009. A survey was conducted in public locations such as grocery stores, drug stores and shopping centres. The information booths were visited by 1,500 people, 110 of which were surveyed.

[35] The main concerns raised during the consultations relate to five points: the grade crossing on De Courcelle Street, the contamination of yard land, the future of the yard tracks, the impact of the noise and the noise mitigation measures, and the impact on the Saint‑Jacques escarpment (stability, soil-bearing capacity and width of the buffer zone).

[36] With respect to the first point, CN states that the grade crossing on De Courcelle Street will be relocated inside the existing right of way to improve its alignment. With respect to the second point, CN points out that the MTQ confirmed that it is responsible for decontaminating the site. On the third point, CN indicates that the option selected by the MTQ fosters the future development of the Turcot Yard. With respect to the fourth point, CN submits that the MTQ carried out studies on noise levels and that mitigation measures will be put in place to reduce noise. With respect to the fifth point, CN points out that the MTQ conducted a stability study that confirms that the passage of trains will not have adverse effects on the stability of the escarpment. In addition, the MTQ has taken measures to verify and increase the soil-bearing capacity if necessary. Finally, the MTQ has modified the width of the buffer zone to an average of 30 metres.

Public consultations conducted by the Bureau d’audiences publiques sur l’environnement (Bureau of public hearings on environment)

[37] CN indicates that the environmental impact assessment and review procedure under the Environment Quality Act in Quebec includes several phases, including public participation, which is within the jurisdiction of the Bureau of public hearings on environment (BAPE).

[38] According to CN, the BAPE had a 45-day information and public consultations period related to the Project Montréal, from March 24 to May 8, 2009.

[39] According to CN, all of the documents related to the Project were filed with BAPE’s documentation centres, on BAPE’s website, and in three municipal libraries.

[40] CN states that the MTQ published numerous notices in the following regional dailies and weeklies:

• La Presse (March 30, 2009)
• Le Journal de Montréal (March 30, 2009)
• Le Devoir (March 30, 2009)
• Le Soleil (March 30, 2009)
• The Gazette (March 30, 2009)
• Les Actualités Côte-Des-Neiges-Notre-Dame-de-Grâce (April 1 and 15, 2009)
• Les Actualités Westmount (April 8, 2009)
• Le Messager Lachine-Dorval (April 2 and 16, 2009)
• Le Messager Lasalle (April 2 and 16, 2009)
• Le Messager Verdun (April 2 and 16, 2009)
• La Voix Populaire (April 2 and 16, 2009)
• The Monitor (April 1 and 15, 2009)
• The Westmount Examiner (April 2 and 16, 2009)

[41] CN states that two information sessions were held on April 20 and 21, 2009, and were attended by 350 and 200 people respectively.

[42] According to CN, very few of the concerns raised by the public during the information sessions on the Project were related to the relocation of CN’s tracks.

[43] CN states that following the information and public consultations period, the MDDELCC mandated the BAPE to hold a public hearing on the Project. The public hearing was held in two phases. The first phase took place from May 11 to 14, 2009 and consisted of seven information sessions. CN submits that, during these sessions, there were few questions that related directly to the relocation of the tracks. The second phase of the public hearing consisted of eight sessions held from June 15 to 19, 2009. In all, 105 submissions were received by the BAPE’s commission of inquiry: 79 submissions were presented during the hearings, in addition to five oral submissions without written submissions. Only 14 out of 105 written submissions and one oral presentation referred to the relocation of the tracks.

[44] The BAPE’s investigation and public hearing report was published on November 10, 2009.

[45] The concerns raised during the BAPE’s consultations concerned three points: the transportation of dangerous goods, the noise caused by passing trains and the proximity of the Saint-Jacques escarpment.

[46] With respect to the first point, CN specifies that, although the transportation of dangerous goods is not an issue under the Agency’s jurisdiction in the context of this application, CN must operate its railway in a safe manner and in compliance with federal regulations on the transportation of dangerous goods. In addition, CN maintains that it chose to voluntarily change the speed limit in urban areas to 35 m/h for trains carrying dangerous goods.

[47] As for the second point, CN states that the BAPE’s report indicates that the mitigation measures related to the cumulative impact of highway and rail transport on noise levels and the communications strategy with residents during the construction period are under the MTQ’s jurisdiction.

[48] With respect to the third point, CN maintains that the BAPE’s report indicates that the public was of the opinion that a 100-metre buffer zone should be maintained at the foot of the escarpment. The City of Montréal argued that a 30-metre buffer zone between the tracks and the escarpment would be sufficient to adequately protect the ecoterritory of the Saint‑Jacques escarpment. The MTQ conducted a study on the escarpment’s stability in order to confirm that passing trains would not have an adverse effect on it. The MTQ decided to establish the width of the buffer zone at an average of 30 metres.

Provincial Order-in-Council No. 890-2010

[49] CN indicates that further to consultations conducted by the MTQ and the BAPE’s report, the Government of Quebec adopted Order-in-Council No. 890-2010 related to the issuance of the certificate of authorization to the MTQ to proceed with the Project (Order-in-Council).

[50] CN cites the Order-in-Council which, in its opinion, subjected the Project to 18 conditions, six of which relate to the construction or operation of CN’s tracks.

• Condition 5: Section of Highway 20 between the Turcot interchange and the Montréal-Ouest interchange

The Minister of Transport must continue discussions with the City of Montréal concerning the road and rail infrastructures located between the Turcot interchange and the Montréal-Ouest interchange, particularly with a view to ensuring urban development from the Turcot Yard that takes into consideration the concerns of the City of Montréal. The Minister must submit a report on these discussions to the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act;

• Condition 8: Saint-Jacques escarpment

The Minister of Transport must establish a buffer zone at the foot of the Saint‑Jacques escarpment of a minimum area of 9.7 hectares. The average width of this zone should be at least 30 metres.

The Minister of Transport must recreate a wetland at the foot of the Saint‑Jacques escarpment, fed by rainwater from the escarpment, groundwater and, if necessary, previously treated rainwater from the highway network. If applicable, information related to the characteristics of the water treatment system will be filed with the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act.

The Minister of Transport must reforest the land acquired along Sainte-Anne-de-Bellevue Boulevard to the north of the Canadian National tracks and certain parts of the Saint-Jacques escarpment in compliance with the protection and development plan of the Saint-Jacques escarpment ecoterritory developed by the City of Montréal.

• Condition 10: Brown snake habitat compensation program

Prior to the work that will be carried out at the Saint-Jacques escarpment and in the ditch at the foot of the escarpment, the Minister of Transport must have a biologist verify the presence of the brown snake and, if applicable, capture snakes to relocate them to a section of the escarpment that will not be affected, as far as possible from the work.

The Minister of Transport, in consultation with the Minister of Natural Resources and Wildlife, must assess the area for net losses of the brown snake’s habitat and propose financial compensation based on the value of the net losses to be paid to the Quebec Wildlife Foundation.

The area assessment and the planned compensation measures must be filed with the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act.

• Condition 13: Noise level during the construction and demolition work

The Minister of Transport must make every effort to ensure that, at night, (11:00 p.m. to 6:00 a.m.), any equivalent noise level in one hour (LAeq, 1 hr) from a construction site is either equal to or less than the ambient noise level when there is no work (LAeq, 7 hrs).

The Minister of Transport must establish and carry out a detailed noise level monitoring program of the environmental noise during the construction and demolition work of the road infrastructure. The program must include noise levels to be complied with and noise surveys conducted continuously near sensitive areas (residential and institutional buildings) that are the most likely to be affected by noise from the worksites. These surveys must provide for measurements at the initial level and measurements of noise impacts from worksites. The program must provide for mitigation measures to be put in place if the situation requires it. Moreover, monitoring must involve the affected cities and boroughs by having their representatives sit on a monitoring committee established by the Minister of Transport. Finally, the noise level monitoring program must also include a perception survey of the residents of the study area to determine the impacts associated with the noise.

The detailed environmental noise level monitoring program during the construction and demolition work of the road infrastructure must be filed with the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act.

The Minister of Transport must set up a pilot project to inform the public in real time, on the Department’s website, of the results of the monitoring, the reasons for exceeding the thresholds and the mitigation or corrective measures applied when exceeding them. This communication procedure must also allow the public to submit complaints or comments, if necessary.

• Condition 14: Noise mitigation measures during operations

The Minister of Transport must develop mitigation measures to avoid increasing the noise level (LAeq 24 hours), as opposed to the same situation without the Project, resulting from the Turcot Yard road infrastructure at the residential property line.

The Minister of Transport must continue his efforts with the City of Westmount to develop a memorandum of understanding aimed at implementing corrective measures to the north of Highway 720 during the construction work of that highway. These measures must reduce environmental noise in the area to below 65 dBA Leq 24 hrs. A report on the progress of the steps taken to consider the City of Westmount’s application must be filed with the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act.

In addition, the Minister of Transport must pursue discussions with CN to agree on mitigation measures to be implemented near residences located at the south end of Walnut Street. A report on the outcome of these discussions and, if necessary, the expected mitigation measures must be filed with the Minister of Sustainable Development, Environment and Parks no later than at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act;

• Condition 15: Monitoring program of the environmental noise during operations

The Minister of Transport must develop and implement a monitoring program of the environmental noise during the operations of the Turcot complex. The monitoring measures set out in the program must be carried out one year, five years and ten years after the commissioning of the infrastructure. The program must include sound surveys at locations that are representative of sensitive areas and must provide for vehicle counting and classification to allow for the characterization of traffic based on the following specifications:

• one year and five years after the commissioning: sound surveys and counting of vehicles;
• ten years after the commissioning: counting of vehicles.

At least one sound survey should be conducted at every selected representative location over a period of 24 consecutive hours.

The program must also assess the effectiveness of mitigation measures that will be put in place. Surveys aimed at accurately measuring the reduction of sound levels must be conducted one year, five years and ten years after the implementation of mitigation measures.

Should the outcomes of the monitoring of the effectiveness of the mitigation measures demonstrate that the sound levels required in paragraph 1 of condition 14 of the Order-in-Council have been exceeded, the program must provide for the implementation of new mitigation measures or adjustments to the measures already set out.

The environmental noise monitoring program must be filed with the Minister of Sustainable Development, Environment and Parks at the time of the application for a certificate of authorization provided for in section 22 of the Environment Quality Act. Monitoring reports must be submitted to the Minister no later than six months after each survey campaign.

[51] With respect to the fifth condition, CN submits that the MTQ and the City of Montréal have agreed to a collaborative framework for the preparation of the final design. According to CN, as part of establishing the final design, the location of road and rail infrastructure in the Turcot Yard was considered, and it was agreed that the position of infrastructure proposed by the MTQ is the one that ensured the optimal development of the Turcot Yard.

[52] With respect to the eighth condition, CN argues that the development of the 9.7-ha area, with an average width of 30 metres as set out in the Project, is the subject of discussions with the City of Montréal as the development must take into account the ecoterritory master plan, as provided for in the Order-in-Council. The City of Montréal organized an initial brainstorming workshop to reflect on the ecoterritory of the Saint-Jacques escarpment, which is part of the initiative aimed at developing the ecoterritory concept plan. The development work will be carried out at the end of the Project.

[53] With respect to the tenth condition, CN submits that the brown snake relocation and monitoring program has been under way since 2011 in the areas of the escarpment affected by the work. In addition to the relocation, a monitoring of the relocation is conducted twice a year (spring and fall) to document the survival rate and to assess the viability of the approach. As part of developing the green belt at the foot of the escarpment, the Quebec Minister of Transport plans to create habitats suitable for the survival of the snakes (creation of hibernacula and grassland areas). These developments will help offset the habitat losses resulting from the Project.

[54] With respect to the thirteenth condition, CN submits that, in May 2013, the MTQ set up an environmental quality team whose aim is to maintain an acceptable environment for bordering residents during the work. These new employees patrol the work sites and monitor the noise level, the air quality or any other nuisance caused by the work. A noise level monitoring console has been added to the MTQ website for the Project to inform the public in real time of the noise generated by the work and of the authorized levels. An MTQ telephone line for the project also provides citizens a direct contact with a respondent to obtain information, make a comment or file a complaint. Magnetic business cards have been distributed to bordering residents to encourage them to contact the MTQ, if necessary. The environmental quality team is also available when work is planned during the night.

[55] With respect to the fourteenth condition, CN argues that the Project provides for noise leve mitigation measures during operations. In particular, these measures include the construction of sound walls for a distance of four kilometres, which will improve the noise level for the majority of residents living near sensitive areas. According to CN, only a few residences will see the environmental sound deteriorate after the completion of the project because they are located in the Cabot industrial sector along CN’s tracks in the Walnut sector.

[56] With respect to the fifteenth condition, CN submits that environmental monitoring and follow-up are the MTQ’s responsibility. CN states that the regional directorates of the MDDELCC must verify the implementation and effectiveness of the MTQ’s monitoring program, as well as compliance with government authorizations.

Additional consultation by CN via local newspapers

[57] Further to a request from CN, the Agency issued a decision on February 9, 2016 that allowed CN to hold an additional public consultation by means of local newspapers.

[58] CN states that it published two notices in the following local newspapers:

• Le Journal de Montréal (February 19, 2016)
• The Gazette (February 19, 2016)

[59] The notices published by CN stated that members of the public had 30 days following the date of the notices to submit their opinion on the Project in writing to the Agency.

[60] The Agency received two submissions from members of the public following the publication of the notices by CN.

[61] First, Harold Geltman claims, among other things, that the consultation process should include five options subject to consultation and public participation. These options should be submitted to the Agency for an analysis of their advantages and disadvantages. Moreover, Mr. Geltman is requesting more facilities for active transportation.

[62] According to CN, some of Mr. Geltman’s comments concern topics that are not directly targeted by the application.

[63] CN states that the consultation and information activities have taken different forms to reach the broadest possible public. Each step in the development of the Project, whether at the time of the summary preliminary design in 2007, the preliminary design as part of the BAPE’s commission of inquiry in 2009, the announcement of the project in 2010, the completion of the final design in 2012 or, more recently, the identification of the reference project to be built by the supplier KPH Turcot in 2015, allowed for adjustments to be made to the Project to take into account concerns expressed by numerous stakeholders, while obtaining the broadest possible consensus.

[64] According to CN, the scenario proposed by the MTQ, which promotes moving the transportation corridor, including the railway right of way, was identified, discussed and adopted at the early stages of defining the Project in 2006. Since that time, the rail corridor is adjacent to Highway 20 at the foot of the Saint-Jacques escarpment. This route was not called into question in subsequent public consultations. This choice is also consistent with the City of Montréal’s plans for the future development of the Turcot-Lachine Ouest sector. CN adds that this scenario meets the need to maintain rail traffic at all times during the Project.

[65] CN submits that active transportation has also been the subject of particular attention. The safety, user-friendliness and visual appearance of pedestrian crossings have been improved in this respect. The scope of some structures has also been increased to allow for the widening of sidewalks from 3.5 to 5 metres. A multiple-use path is planned in the green belt at the foot of the Saint-Jacques escarpment. A total of 6.7 kilometres of bike paths will be built as part of the Project.

[66] The second submission was prepared by the Société pour vaincre la pollution [Society to Overcome Pollution] (SVP), which requested an assessment of risks and impacts associated with the location of the new tracks in light of the increase in traffic of dangerous goods and the imposition of special conditions related to the construction and operation of tracks to preserve the ecological integrity of the natural site of the Saint-Jacques escarpment.

[67] In its reply dated May 13, 2016, CN submits that a number of measures have been put in place by the federal government and railway companies to improve safety in the transportation of dangerous goods. CN provided a list of measures taken by the government and initiatives taken by CN for the safe transportation of dangerous goods. CN specifies that measures related to the preservation of the escarpment’s natural environment were considered and that all the commitments are included in the conditions set out in the provincial Order-in-Council authorizing the Project.

[68] On May 19, 2016, Agency staff requested TC’s comments on SVP’s submission and CN’s reply. In its answer dated June 6, 2016, TC states that a risk assessment should be conducted by CN.

[69] In its reply to TC’s comments dated June 16, 2016, CN submits that it will conduct the required risk assessment prior to the commissioning of the proposed tracks. CN also submits that it will put in place any mitigation measures that might be indicated in the risk assessment in order to meet TC’s requirements.

Letters filed by CN in support of its application

[70] The MTQ sent the Agency a letter of support dated December 18, 2015 confirming that the relocation of CN’s tracks is necessary to allow for the construction of the new Turcot interchange.

[71] The mayor of the City of Montréal sent a letter dated December 18, 2015 to the Quebec Minister of Transport underlining the City of Montréal’s support for the reconstruction of the Turcot interchange and the relocation of CN’s tracks.

[72] The mayor of the Town of Montréal Ouest sent a letter dated December 21, 2015 to the MTQ acknowledging the Project and confirming that the Town of Montréal West was consulted in the context of the MTQ consultative process.

[73] These three letters of support were filed by CN with its application.

Interests of Aboriginal groups

[74] CN submits that the MTQ has considered the impact of the Project on Aboriginal people and that, according to the MTQ:

• the Aboriginal people who live closest to the site are the Mohawk communities of Kanesatake and Kahnawake, located in Oka and Kahnawake, respectively;
• no establishments are identified for the two communities on the territory of the Island of Montréal, and there are no specific land claims;
• the following is contained in the minutes of the BAPE’s public information and consultations period from March 24 to May 8, 2009:

[translation]

No Aboriginal community is affected by the Project activities. A discussion with the MDDELCC’s Aboriginal Affairs Coordinator, Mr. Daniel Berrouard, led to the same conclusion.

[75] CN indicates that, since the MTQ began the work, no claim was received from Aboriginal communities.

Findings related to the interests of the localities

[76] The Agency took into account CN’s submissions relating to the location of the railway lines, the need for rail services and the interests of the localities. In addition, the Agency considered the letters of support from the MTQ, the City of Montréal and the Town of Montréal Ouest filed by CN.

[77] The Agency has reviewed the outcome of the consultations related to the Project conducted by the MTQ and the BAPE. The Agency finds that the concerns of the public raised during the public consultations held by the BAPE and the MTQ were handled appropriately and were subject to the conditions imposed by the government on the MTQ in the Order-in-Council. The Agency is of the opinion that the six conditions in the Order-in-Council identified by CN as being directly related to the construction or operation of CN’s tracks concern the interests of the localities. The Agency is of the opinion that, as CN is the responsible railway company under section 98 of the CTA, CN must comply with these six conditions during the construction or operation of its tracks.

[78] The Agency also considered the comments of SVP and Mr. Geltman in response to CN’s additional consultations via local newspapers. The Agency finds that the concerns of SVP and Mr. Geltman were handled appropriately by CN. The Agency also notes that CN indicated in its application that the minutes of the BAPE’s public information and consultations period from March 24 to May 8, 2009 indicate that no Aboriginal communities are affected by the Project activities.

[79] In light of the foregoing, the Agency is satisfied that the location of the railway line is reasonable, taking into consideration the interests of the localities.

CONCLUSION

[80] In light of the foregoing, the Agency, pursuant to subsection 98(2) of the CTA and subject to the following conditions, authorizes the construction of the railway line as shown on Plan Nos. 60311163-SKC-PHVP-C-7002 Revision C and 60311163-SKC-PHVP-C-7003 Revision C, revised December 18, 2015, from mileages 3.97 to 6.39 of the Montreal Subdivision.

CONDITIONS

[81] During the construction and operation of the railway line, CN must:

1. ensure compliance with conditions 5, 8, 10, 13, 14, and 15 of Order-in-Council No. 890‑2010 during the construction or operation of CN’s tracks;
2. meet its commitments and implement mitigation measures, best practices and procedures aimed at protecting the interests of the localities, as set out in its application and other filed documents;
3. make no amendments to those commitments, mitigation measures, best practices or procedures without prior approval from the Agency; and,
4. provide to the Agency a copy of the final drainage plans drawn to scale, dated and signed by an appropriate person when they become available.