Decision No. 474-R-2006
Decision rescinded by Decision No. 177-R-2007
August 31, 2006
APPLICATION by the Corporation of the City of Ottawa carrying on business as Capital Railway pursuant to subsection 98(2) of the Canada Transportation Act, S.C., 1996, c. 10, for approval of the proposed construction of a North-South light rail transit line from the Mackenzie King Bridge to Woodroffe Avenue, in the city of Ottawa, in the province of Ontario, as shown on the Design Plates in the North-South Corridor LRT Project (Rideau Centre to Barrhaven Town Centre) CEAA Environmental Assessment Report, Appendices-Volume 1, on file with the Canadian Transportation Agency.
File No. R8045/O1
APPLICATION
[1] On January 13, 2006, the Corporation of the City of Ottawa carrying on business as Capital Railway (hereinafter the City of Ottawa) filed an application with the Canadian Transportation Agency (hereinafter the Agency) as set out in the title. The City of Ottawa, on April 5, 2006, filed the additional information required by the Agency. The application included a draft environmental assessment of the project prepared in accordance with the requirements of the Canadian Environmental Assessment Act, S.C., 1992, c. 37 (hereinafter the CEAA).
[2] Pursuant to subsection 11(2) of the CEAA, an environmental assessment of a construction project is required before the Agency can exercise its discretion under section 98 of the Canada Transportation Act (hereinafter the CTA). As part of its responsibility under the CEAA, the Agency, along with any other responsible authorities, must ensure that an environmental screening is conducted prior to making any irrevocable decision on the project.
[3] For the purpose of its application under section 98 of the CTA and the environmental assessment under the CEAA, the City of Ottawa published a notice in the Ottawa Citizen and in LeDroit on April 7, 2006. Interveners were provided with 30 days to file any comments they may have in respect of the City of Ottawa's application under section 98 of the CTA and the associated environmental assessment under the CEAA. Nine interventions were filed with the Agency. The City of Ottawa provided its replies to these interventions on May 17, 2006. Four interveners provided additional comments to the City of Ottawa's replies. The City of Ottawa filed its final reply to each of these comments on June 23, 2006.
[4] In Decision No. LET-R-188-2006 dated July 13, 2006, the Agency determined, pursuant to paragraph 20(1)(a) of the CEAA, that the North-South light rail transit line (hereinafter the LRT) Project is not likely to cause significant adverse environmental effects taking into account the implementation of the mitigation measures proposed by the City of Ottawa.
[5] The Agency, in Decision No. LET-R-188-2006, also advised the City of Ottawa that should it approve the construction project under section 98 of the CTA, a number of conditions pertaining to the environmental assessment approval and listed in Decision No. LET-R-188-2006 would be included in the Agency's approval.
[6] Pursuant to subsection 29(1) of the CTA, the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the parties have agreed to an extension of the deadline until August 31, 2006.
ISSUE
[7] The issue to be addressed is whether the Agency considers that the location of the line is reasonable taking into consideration the requirements for railway operations and services and the interests of the localities affected by the line.
POSITIONS OF THE PARTIES
The City of Ottawa
Background
[8] The City of Ottawa and its greater area is expected to grow significantly over the next 20 years, which translates into increased population and employment, resulting in a higher level of peak period traffic using the current transportation network.
[9] In the 1970s, the City of Ottawa began planning for future needs in rapid transit. The Rapid Transit Development Program led to the construction of the initial portion of the Transitway network, which was completed in 1996. Since then, it has been expanded through new stations, Park and Ride lots, and freeway and arterial bus-only lanes. In 2001, the City of Ottawa introduced its first rail transit service as a pilot project.
[10] In February 2003, the City of Ottawa Council approved its vision of the City of Ottawa's transit system growth in the City of Ottawa's Rapid Transit Expansion Study (hereinafter the RTES). As part of this study, the City of Ottawa's Council identified the LRT as its number one priority project. The City of Ottawa's RTES included an indepth comparison of Bus Rapid Transit and LRT technologies, the development and recommendation of the rapid transit network component of Ottawa's overall transportation system (combined Bus Rapid Transit with LRT), and the identification of the best technology for each corridor.
Benefits
[11] The LRT Project forms part of the City of Ottawa's proposed ultimate rapid transit network, laid out in the City of Ottawa's Official Plan and Transportation Master Plan. The LRT Project will deliver on several key Smart-Growth objectives, by providing high-quality rapid transit services early in the development of major growth areas, thereby setting the stage for attaining the City of Ottawa's long-range objectives of increasing the share of peak-hour travel transit ridership.
[12] The LRT Project is expected to deliver environmental, social and economic benefits. Cleaner air will be obtained by reducing greenhouse gas emissions from the burning of fossil fuels through the replacement of current diesel technology with electric power, by converting more residents to choosing transit and by reducing traffic congestion.
[13] Social benefits like connecting communities and fostering travel and participation between communities, as well as offering more housing options for the university students in the city along the LRT will be obtained.
[14] Economic benefits will also be obtained such as providing opportunities for residents and visitors to access the downtown area businesses, shops and entertainment districts, especially on the weekends and during off-peak hours, enabling some residents to reduce their expenses related to the number of family vehicles owned, and also enabling the City of Ottawa to achieve significant cost efficiencies in the operational costs of transit service delivery.
LRT alignment
[15] The total LRT Project consists of some 31 kilometers of twin-track electrically powered Light Rail Transit service running from its southern terminus in the future Barrhaven Town Centre to the Mackenzie King Bridge, including a link to the Macdonald-Cartier International Airport. The LRT Project will be constructed in phases.
[16] Phase 1, the subject of this application, will be constructed from the Mackenzie King Bridge to Woodroffe Avenue, with a completion date of 2009. The project from Woodroffe Station to Mackenzie King Bridge will include 18 stations, 4 Park and Ride lots and a maintenance and storage yard. Initial service would be at 5-minute frequencies from the Mackenzie King Bridge to Leitrim Station on a double track and 10-minute frequencies from Leitrim to Woodroffe on a single track with double track sections at certain locations to allow for northbound and southbound trains to pass each other.
[17] Phase 1 follows existing or planned dedicated transit corridors, with the exception of the downtown area, from Mackenzie King Bridge Station to LeBreton Station at Booth Street, where the LRT will be on-street in mixed traffic lanes. From LeBreton Station to Bayview Station, the LRT and buses will be combined with the Transitway. From Bayview Station to Greenboro Station, the LRT will follow the existing Capital Railway (also known as the O-Train) corridor. From Greenboro to the south of Leitrim Station, it will follow an inactive portion of the former right of way of the Canadian Pacific Railway Company (hereinafter CP). From the south of Leitrim Station, the LRT will divert westerly to the planned rapid transit corridor to Woodroffe Avenue.
[18] The Bowesville Maintenance Centre, which will include a fully equipped maintenance building, facilities for stabling, daily cleaning and minor maintenance, as well as an operations facility, will be located south of Leitrim Road and east of Bowesville Road.
Environmental assessment
[19] The City of Ottawa's environmental assessment (hereinafter the EA) process engaged residents and businesses to assist in examining a range of alternatives, identifying both construction and operational effects and mitigation measures on all aspects of the environment (i.e., natural, socio-economic, cultural and transportation) leading toward the identification of a Recommended Plan for the undertaking. The EA, which covers the total project, addresses existing and future transportation demand between the growing communities in south and downtown Ottawa, as well as points in between, including the Macdonald-Cartier International Airport.
[20] The planning process to select a preferred alternative was undertaken in accordance with the requirements of the Ontario Environmental Assessment Act and the City of Ottawa's approved EA Terms of Reference for this project. The EA Terms of Reference was approved by the Ontario Minister of the Environment on September 15, 2004 and outlined a planning process to identify the need and generate and evaluate alternatives in order to identify a preferred alternative. Key to this EA was the analysis of various alternative corridors and alignments, including the identification of all potential environmental effects and proposed measures to mitigate potential adverse effects.
[21] The EA documents were submitted with the application of the proposed project and summarized all stages of the planning process leading to the development of the final recommended plan for the North-South Corridor LRT Project. The scope of project and impact assessment reflects the details of the project known at the time the functional design was completed in September 2005. The factors examined as part of the screening report were developed to address the information requirements outlined in the CEAA Scoping Document prepared by the Federal Environmental Assessment Team's seven federal responsible authorities: Agriculture Canada, Canadian Transportation Agency, Fisheries and Oceans Canada, Infrastructure Canada, Parks Canada Agency, Public Works and Government Services Canada and Transport Canada, and three expert departments: Environment Canada, Health Canada and the National Capital Commission in September 2005.
[22] In Decision No. LET-R-188-2006 dated July 13, 2006, the Agency determined that the screening report met the requirements of section 16 of the CEAA as set out in the scoping document and, pursuant to paragraph 20(1)(a) of the CEAA, that the LRT Project is not likely to cause significant adverse environmental effects taking into consideration recommended conditions for the construction of the LRT.
[23] Other members of the Federal Environmental Assessment Team were also satisfied that the screening report satisfactorily met the requirements of section 16 of the CEAA as set out in the scoping document. Other Responsible Authorities pursuant to paragraph 20(1)(a) of the CEAA have decided that the LRT Project is not likely to cause significant adverse environmental effects taking into account the implementation of the City of Ottawa's proposed mitigation measures. The Ontario Minister of the Environment also approved the provincial EA of the project.
Interventions
[24] The City of Ottawa's notice of application and environmental assessment was published in local area newspapers and eight interventions from the City of Ottawa's residents or citizen/business associations in respect of the construction application were filed with the Agency. Interventions were received from Mr. Clarke, Albert/Slater Coalition, Bentall Real Estate Services, City Centre Coalition, Mr. Berthiaume, Citizens for Safe Cycling, Ms. Allogia, Crowne Plaza Ottawa and SaveOurGreenspace.
Mr. Clarke
[25] Mr. Clarke raises concerns that the LRT operating on downtown area streets will result in Albert and Slater Streets traffic issues and suggests that a tunnel be constructed under the downtown area for the trains in order to avoid congestion.
[26] The City of Ottawa replies that the costs of a tunnel would be greater than $720 million and due to the current budget envelope, a tunnel option is not recommended. The review of the need of a tunnel will serve as input in the 2008 City of Ottawa's Official Plan.
Albert/Slater Coalition
[27] The Albert/Slater Coalition brings forward concerns with respect to the negative impact of the project on traffic, pedestrian access to businesses, future public transit flow, the closure of the Mackenzie King Bridge and the quality of the street life for Albert and Slater Streets.
[28] The Albert/Slater Coalition is of the opinion that the location of the line on Albert and Slater Streets in the downtown area is not reasonable and that the operation of an LRT will not be efficient and safe. The Albert/Slater Coalition states that the LRT Project is detrimental to the economic well-being of Albert and Slater Streets and the downtown core of the city. The Albert/Slater Coalition also submits that the closure of the Mackenzie King Bridge to public traffic is not reasonable and viable due to employment growth, bus transit already being a traffic component and the increase in business activity.
[29] The City of Ottawa replies that on November 9, 2005, the City of Ottawa's Council passed a series of motions to address specific concerns of downtown area businesses and landowners and that the City of Ottawa's future actions are subject to final approval by the City of Ottawa's Council.
[30] Further, with respect to the closure of the Mackenzie King Bridge, the City of Ottawa states that it is negotiating with the University of Ottawa for the property needed to extend the LRT and that this extension and the use of private vehicular traffic on the Mackenzie King Bridge is subject to the City of Ottawa's Council final approval. The City of Ottawa adds that upon successful outcome of the negotiations, an addendum to the EA will be undertaken, incorporating public and stakeholders consultations.
[31] In its reply to the City of Ottawa's comments, the Albert/Slater Coalition expresses concerns regarding the City of Ottawa's handling of traffic and congestion in the downtown core, its commitment to bus traffic reduction and its non-commitment at this time for a downtown area tunnel. The Albert/Slater Coalition suggests that the Agency's approval be conditional on a successful agreement between the City of Ottawa and the University of Ottawa for the extension of the LRT thus permitting vehicular traffic on the Mackenzie King Bridge.
[32] The City of Ottawa replies that it has signed a Memorandum of Understanding with the University of Ottawa for the LRT expansion which will permit vehicular traffic on the Mackenzie King Bridge.
[33] The City of Ottawa states that there are various initiatives/studies underway that will result in information that can be used in a future tunnel study; however, until the information is collected, it would be appropriate to postpone the study until a later date.
Bentall Real Estate Services
[34] Bentall Real Estate Services raises cost concerns and the resulting negative impact on the City of Ottawa if it incorporates various resolutions passed by the City of Ottawa's Council such as: 30 percent reduction in bus traffic on Albert and Slater Streets, continued vehicle traffic on Mackenzie King Bridge, extension of LRT to the University of Ottawa, monitoring of traffic, and review of an underground transit facility.
[35] Bentall Real Estate Services is also of the opinion that there are planning concerns with traffic congestion and the relationship to pedestrians, cyclists, vehicles and bus transportation and the Société de transport de l'Outaouais' new rapid bus transit. Bentall Real Estate Services submits that some traffic will have to be rerouted to parallel streets increasing the complexity of the transportation corridor with respect to emergency situations, and the potential for accidents. This could also impede access to buildings and discourage commerce.
[36] The City of Ottawa submits that it is committed in following through with the extension of the LRT to the University of Ottawa, which will permit the use of vehicular traffic on the Mackenzie King Bridge. Negotiations are underway with the University of Ottawa for the property required to extend the line and should they be successful, an addendum to the EA will be undertaken, incorporating public and stakeholders consultations.
[37] Further, the City of Ottawa's Council approved the 2009 Transit Operating Plan, which intends to reduce the volume of buses by 30 percent on Albert and Slater Streets. In addition, the City of Ottawa states that traffic on Albert and Slater Streets will be governed by the Ontario Highway Traffic Act, which allows for multi-user movements while ensuring that the safety rules/regulations of the road are respected. As for the Société de transport de l'Outaouais' project, there is no impact on the LRT Project as it will not operate on Albert and Slater Streets.
City Centre Coalition
[38] The City Centre Coalition is of the opinion that the project should not interfere with all current and future freight and passenger rail movements in Ottawa and Gatineau and that rail safety standards should be maintained. The City Centre Coalition has a particular concern related to the electrification of the LRT that will prevent the line from being used by diesel trains.
[39] In reply, the City of Ottawa states that it acquired CP's Ellwood Subdivision with the intention to convert it into a permanent LRT corridor. The City of Ottawa will be expanding and modifying the current O-Train between 2006 and 2009 for the continued operation of rail commuter services and the proposed modifications are incompatible with heavy rail operations.
[40] The City of Ottawa adds that there has been no industry interest in freight operations on the line. With respect to the existing freight movements within the LRT corridor between the Walkley Yard and the National Research Centre, the LRT will be constructed to allow access for these conventional freight movements.
[41] The City of Ottawa states that the LRT will be constructed using North American Light Rail Transit Standards and that measures will be taken to isolate the LRT from other freight and passenger movements. In addition, the City of Ottawa will develop safety protocols pursuant to prevailing legislation and best practices standards as part of a Safety Management System, required by Transport Canada, which will include rules, policies, procedures, management structure, training, document control and audits. The City of Ottawa states that the mixed traffic areas will be governed by the Ontario Highway Traffic Act and the Ottawa LRT system will incorporate recognized best practices and applied standards such as the American Public Transit Association's Guidelines.
Mr. Berthiaume
[42] Mr. Berthiaume has concerns related to the building of the pathways/stations based on the EA documents with respect to safety and accessibility, particularly the Brookfield corridor, and the North-South alignment of the LRT in respect of the proposed East-West LRT general layout.
[43] Mr. Berthiaume has undertaken various research to improve pedestrian links and the access road to the Brookfield Station. In addition, Mr. Berthiaume is of the opinion that safety could be increased and cost savings could result from his recommendations.
[44] With respect to Mr. Berthiaume's position, the City of Ottawa states that the Brookfield pathway was included in the pathway's alignment and that subsequent modifications, if deemed necessary, would have to be approved by the City of Ottawa's Council. Further, other solutions are under consideration and affected parties will be consulted.
Citizens for Safe Cycling
[45] The Citizens for Safe Cycling states that the lack of information and clarity make it difficult to respond. There is an absence of information concerning the impact on the multi-use pathways along the LRT and the extension of these pathways, in particular, details of the impacts on the pathways and changes on the pathway system.
[46] It has concerns regarding the transportation effects on residents, such as the location of bus and LRT stations, as well as safety concerns such as crossing the LRT trackage while turning, and the danger to cyclists. The Citizens for Safe Cycling objects to the closure of the Mackenzie King Bridge to cyclist traffic resulting in a detour or cyclists using the sidewalks on the Mackenzie King Bridge.
[47] The City of Ottawa submits that the EA recognized the cycling network for the city as identified in its Transportation Master Plan and further submits that the addition of the LRT service on the Albert and Slater Streets will not change the current cycle network.
[48] The City of Ottawa states that it wants to extend the LRT to the University of Ottawa, which will permit private vehicular traffic on the Mackenzie King Bridge. Negotiations are underway between the City of Ottawa and the University of Ottawa for the property required to extend the line.
[49] The City of Ottawa submits that its Traffic and Parking Operation Branch is reviewing options for alternative routing for cycling in the vicinity of and across the Rideau Canal. The review will include: definition of the problem areas; development and design of potential solutions; public consultations; recommendations and an implementation plan, which will be subject to future Capital Budget allocations.
[50] Concerning the multi-use pathway, the City of Ottawa states that it has completed a project identifying the feasibility of providing a multi-use pathway in conjunction with the LRT Project. The City of Ottawa also submits that it will ensure that the links of the multi-use pathway are implemented and that the Multi-Use Pathway Study will be examined prior to future implementation.
Ms. Alloggia
[51] Ms. Alloggia raises concerns with the alignment of the LRT and suggests that it should be moved to the airport terminal, making the project economically viable and conserving green space.
[52] The City of Ottawa replies that alignments through the airport were considered and evaluated and the conclusion was that this would be detrimental to other parts of the community. The selected corridor serves the largest potential transit market, has little impact on the existing road network, has simpler staging options than the others, is the least costly to construct and does not preclude service to the airport in the future.
[53] The City of Ottawa states that at the time the airport studies were made, it was concluded that the Leitrim and eastern portion of the Riverside South communities would benefit more than future and present airport travellers traffic.
[54] With respect to the alignment of the LRT south of Hunt Club Road, the City of Ottawa submits that the line alignment follows CP's existing right of way and by not changing its current use, has the least impact on the natural, cultural, operational and economic environment.
Crowne Plaza Ottawa
[55] The Crowne Plaza Ottawa has concerns with the access to its property and the safety of that access, as clients, guests and employees will have to cross two lanes of bus and LRT traffic to access its property.
[56] The City of Ottawa submits that the LRT Project will reduce the bus volume on Albert and Slater Streets by approximately 30 percent, which will result in a more fluid, less intrusive operation in the downtown area. The City of Ottawa adds that the construction of the LRT will enhance the street environment.
[57] In addition, the City of Ottawa states that the mixed traffic areas will be governed by the Ontario Highway Traffic Act and safety protocols will be developed pursuant to prevailing legislation and best practices in the industry. The City of Ottawa Transportation Committee will monitor and report on traffic conditions on Albert and Slater Streets.
SaveOurGreenspace
[58] With respect to species and plants at risk, SaveOurGreenspace has concerns with the location of the maintenance yard and the LRT alignment as it goes through green spaces and wetlands.
[59] SaveOurGreenspace submits that the Walkley Yard should be the City of Ottawa's chosen location for the LRT maintenance centre as it is an operational maintenance yard and it is already an industrial site. SaveOurGreenspace adds that the residents around the Walkley Yard do not object to this location for the maintenance yard and that benefits to the community could arise from this location.
[60] SaveOurGreenspace also suggests changes to the LRT alignment such as having it along the Airport Parkway instead of through green spaces and wetlands, extending the line into the airport terminal and adding or eliminating stations.
[61] The City of Ottawa states that the required LRT maintenance facility is not the traditional rail yard as is the Walkley Yard and adds that the need for such a facility is for storing LRT vehicles when not in use and for vehicle maintenance, both activities occurring inside a building. As a result of further evaluations by Public Working Group and a Technical Team, the City of Ottawa Council approved the Bowesville site as the Maintenance Centre location.
[62] The City of Ottawa submits that on July 15, 2005, the City of Ottawa's Council approved the recommended EA plan and pertinent issues such as plants, species at risk and wetlands were investigated. The City of Ottawa adds that should species at risk be found, the responsible agency will be consulted, and every effort will be made during construction to minimize impact on the wetlands.
ANALYSIS AND FINDINGS
[63] Subsections 98(1) and (2) of the CTA state:
(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.
[64] The Agency may, pursuant to section 98 of the CTA, approve the construction of a railway line if it deems the location of the proposed railway line to be reasonable, taking into consideration the requirements for the railway operations and services and the interests of the localities that will be affected by the line.
[65] In this case, and while the interventions received as a result of the notice published by the City of Ottawa on April 7, 2006 deal with both the construction application under section 98 of the CTA and the environmental assessment under the CEAA, the Agency will only examine the comments received in respect of the construction application as the comments received in respect of the environmental assessment were considered by the Agency when it rendered its Decision No. LET-R-188-2006 dated July 13, 2006.
Requirements for railway operations and services
[66] The Agency has examined the forecasted level of population and employment rates for the greater Ottawa Region for the next 20 years and recognizes that the City of Ottawa's population is growing and that the city is expanding, causing an increase in travel demand throughout the region. More specifically, the Agency recognizes that the communities of Riverside South and Barrhaven/South Nepean are rapidly growing. In that respect, the Agency has examined the City of Ottawa's submission and accepts its assessment that the current infrastructure is not adequate to accommodate the actual traffic let alone the anticipated growth.
[67] The Agency notes that the LRT Project is in line with the City of Ottawa's Official Plan, the City of Ottawa's Transportation Master Plan and the City of Ottawa's Smart-Growth objectives.
[68] The Agency has reviewed the interventions received from concerned citizens. The Agency notes that none of the interventions directly address the requirements for the commuter rail service.
[69] In light of the above, the Agency is of the opinion that the City of Ottawa has demonstrated the need for improved transportation in the North-South corridor between Mackenzie King Bridge and Woodroffe Avenue. Studies provided by the City of Ottawa have substantiated the requirements for additional and improved transportation to handle the expected growth of the city over the next 20 years. The studies carried out by the City of Ottawa also indicate that the recommended LRT method of transportation on the former CP right of way bed (now owned by Capital Railway), the existing Capital Railway right of way, the Transitway and on Albert and Slater Streets will provide high-quality rapid transit services, as well as environmental, social and economic benefits.
Interests of the localities
[70] The Agency notes that in this case the proponent is also the locality. The City of Ottawa has conducted various consultative initiatives through the EA process, as well as the process under section 98 of the CTA. These include consultation groups (public, agency, businesses, study and specific), open houses, public meetings and information sessions to increase its citizens' awareness of the project. In light of these initiatives, the Agency finds that the City of Ottawa has adequately sought the interests of the public with respect to the LRT Project.
[71] The comments received as part of the consultation focus on three main areas: the Brookfield pathway, the closure of the Mackenzie King Bridge and the operation in the downtown area via Albert and Slater Streets, including the safe access to downtown area properties.
[72] With respect to the Brookfield pathway, Mr. Berthiaume raised the issues of the safety and accessibility of the pathway and the LRT station. Mr. Berthiaume also proposed an alternative design. In response to Mr. Berthiaume's concerns, the City of Ottawa stated that it is analyzing the alternative provided and that various engineering and operational solutions are under study. The City of Ottawa also stated that any changes to the current plan would require approval by the City of Ottawa Council, which will include consultation with affected parties.
[73] The Agency notes that the Brookfield pathway is still at the conceptual stage and, as a result, no final decision has been made by the City of Ottawa. The Agency also notes that the City of Ottawa has indicated that affected parties will be consulted on solutions regarding the pathways. The Agency is therefore satisfied that the concerns raised by Mr. Berthiaume will be properly considered by the City of Ottawa in the development of solutions regarding the safety and accessibility of the pathway and the LRT station.
[74] The Agency also notes the concerns of the Citizens for Safe Cycling, the Bentall Real Estate Services and the Albert/Slater Coalition with respect to the closure of the Mackenzie King Bridge to vehicular traffic and cyclists. Citizens for Safe Cycling is of the opinion that the proposed options of dismounting and walking across the bridge, or using either the Laurier Avenue Bridge or the soon-to-be-constructed Rideau Canal Pedestrian Bridge at Somerset Avenue (hereinafter the Somerset pedestrian bridge) are not viable. Bentall Real Estate Services refers to the City of Ottawa's Council resolution of February 9, 2005 indicating that the City of Ottawa is required to maintain vehicular traffic on the Mackenzie King Bridge. The Albert/Slater Coalition considers the closure of the bridge as unreasonable due to projected employment growth in the downtown core, bus traffic and the increased business activity.
[75] The Agency notes that the City of Ottawa has indicated to the Agency that it is negotiating with the University of Ottawa for the extension of the LRT Project to the University of Ottawa. This extension, if successfully negotiated amongst the parties and approved by the Agency, would result in the continued use of the Mackenzie King Bridge by cyclists and vehicular traffic on one lane each way. The Agency notes that this extension was approved by the City of Ottawa's Council on July 12, 2006.
[76] Notwithstanding the possibility that the Mackenzie King Bridge remains accessible to vehicular and cyclists traffic, the Agency notes that the City of Ottawa has identified three alternatives for cyclists should this not be the case. The proposed alternatives are dismounting the bicycle at the Mackenzie King Bridge station and walking along the platform to the crosswalk, using the cycle lane on the Laurier Avenue Bridge then reconnecting to the cycle network at Cumberland Street or crossing the Rideau Canal on the soon-to-be constructed Somerset pedestrian bridge.
[77] In addition, the City of Ottawa has indicated that it is reviewing options for alternative routing for cycling in the vicinity and across the Rideau Canal. The review process will include public consultations. With respect to vehicular traffic, the City of Ottawa is projecting a 30 percent reduction in bus traffic.
[78] The Agency acknowledges that the continued use of the Mackenzie King Bridge remains the preferred option to alleviate all of the concerns raised in respect of the closure of the bridge. The Agency notes, however, that the City of Ottawa has put forth measures to minimize the concerns raised should the Mackenzie King Bridge be closed to traffic. While these measures may not alleviate all concerns, the Agency is of the opinion that based on the evidence on file, the benefits that will arise from the LRT Project far outweigh any negative effect on the interests of the localities that may result from the closure of the Mackenzie King Bridge.
[79] The third area of concern was raised by the Crowne Plaza Ottawa with respect to the LRT use of Albert and Slater Streets and the consequences on clients having to cut through both the LRT and bus traffic to access properties in the downtown core. In response to these concerns, the City of Ottawa replied that traffic would be reduced on these streets, that mixed traffic areas would be governed by the Ontario Highway Traffic Act and that safety protocols will be developed for the safe circulation of traffic on Albert and Slater Streets. Furthermore, the Agency notes that the operation of the LRT into downtown Ottawa and its effects on the safety of the public in general will be subject to the scrutiny of Transport Canada through the development of the Safety Management System for the LRT. Therefore, the Agency is satisfied that the concerns respecting the safe operation of the LRT on Albert and Slater Streets will be addressed.
[80] In light of the foregoing, the Agency is of the opinion that the City of Ottawa has demonstrated that the requirements for LRT railway operations and services are necessary for future commuter transportation in the City of Ottawa. Furthermore, the Agency finds that the City of Ottawa has provided sufficient reasons for the selection of the proposed corridor between the Mackenzie King Bridge to Woodroffe Avenue, and that such corridor is not adverse to the interests of the localities affected by the proposed construction of the LRT.
[81] The Agency therefore finds that the location of the rail line is reasonable.
CONCLUSION
[82] Based on the above, the Agency, pursuant to subsection 98(2) of the CTA and subject to the following conditions, hereby approves the construction of the LRT from the Mackenzie King Bridge to Woodroffe Avenue, as shown on the Design Plates in the North-South Corridor LRT Project (Rideau Centre to Barrhaven Town Centre) CEAA Environmental Assessment Report, Appendices-Volume 1, on file with the Agency.
CONDITIONS
[83] The approval of the Agency is subject to the following conditions:
- The City of Ottawa shall file detailed drawings for the construction of the railway line as they become available;
- The City of Ottawa shall:
- implement the mitigative measures, practices and procedures for the protection of the environment, as set out in the screening report and related filings;
- cause no variation in those mitigative measures, practices and procedures without the prior approval of the Agency;
- file the following documents, to the satisfaction of the Agency:
- prior to commencement of the construction of the railway line, the Project Environmental Management Plan (PEMP);
- during the construction of the railway line, progress reports on a quarterly basis where possible (including maps and photos) summarizing:
- construction progress to-date,
- the success in implementation of the City of Ottawa's mitigation and
- an evaluation of the success of any approved variations to mitigative measures, practices and procedures for protection of the environment.
- submit a follow-up plan (developed in consultation with Agency staff), for approval by the Agency, to:
- re-evaluate the predictions contained in the screening report and related filings, and
- evaluate the success of the restoration of the right of way.
- monitor the effects of the construction and operation of the railway line in accordance with that follow-up plan;
- within two months of completing construction of the railway line, file an environmental as-built report, based on the results of the City of Ottawa's follow-up program, containing:
- a detailed re-evaluation of the predicted adverse environmental effects of constructing the railway line (as found in the screening report, related filings and requests for variations),
- an evaluation of the success of the City of Ottawa's mitigative measures, practices and procedures and any approved variations in protecting the environment, and
- a description of any outstanding effects requiring further mitigation; and
- on November 1, at the end of the first complete growing season after the City of Ottawa completes the restoration of the project site, file a monitoring report (including maps and photos) that contains:
- a full re-evaluation of the predicted effects of the project contained in the screening report and related filings, and
- a detailed evaluation of the success of the mitigation, any variations and the restoration of the right of way.
[84] The current approval under section 98 of the CTA does not allow the City of Ottawa to commence construction of the proposed railway line prior to obtaining a variance to its certificate of fitness to reflect such construction.
Members
- Gilles Dufault
- Baljinder Gill
- Guy Delisle
- Date modified: