Decision No. 637-R-2006

Decision rescinded by Decision No. 177-R-2007

November 17, 2006

File No. R8045/O1-1

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APPLICATION

[1] On July 21, 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.

ENVIRONMENTAL ASSESSMENT

[2] Pursuant to subsection 11(2) of the Canadian Environmental Assessment Act, S.C., 1992. C. 37 (hereinafter the CEAA), an environmental assessment of a construction project is required before the Agency can exercise its discretion under subsection 98(2) 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] 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 (hereinafter the LRT) Project (from the Mackenzie King Bridge to the future Barrhaven Town Centre) is not likely to cause significant adverse environmental effects taking into account the implementation of the mitigation measures proposed by the City of Ottawa.

[4] The Federal Environmental Assessment Team consisting of seven responsible authorities (Agriculture Canada, the Canadian Transportation Agency, Fisheries and Oceans Canada, Infrastructure Canada, the 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) decided that pursuant to paragraph 20(1)(a) of the CEAA, 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 environmental assessment of the project.

[5] The Agency, in Decision No. LET-R-188-2006, also advised the City of Ottawa that should it approve the construction project from the Mackenzie King Bridge to Woodroffe Avenue under subsection 98(2) of the CTA, the Agency would include a number of conditions pertaining to the environmental assessment approval. These conditions were set out in Decision No. LET-R-188-2006 and in Decision No. 474-R-2006.

[6] For the purpose of its application under subsection 98(2) of the CTA, the City of Ottawa published a notice in the Ottawa Citizen and in Le Droit on July 21, 2006. Interveners were provided with thirty (30) days to file any comments they may have in respect of the City of Ottawa's application under subsection 98(2) of the CTA. No interventions were filed with the Agency.

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

Environmental Assessment

[8] The City of Ottawa informed the Agency that an environmental assessment for the project from the Mackenzie King Bridge (Rideau Centre) to the Barrhaven Town Centre was previously completed and approved by the Agency in Decision No. LET-R-188-2006 dated July 13, 2006.

Background

[9] 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.

[10] 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.

[11] 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 RTES). As part of this study, the City of Ottawa Council identified the LRT as its number one priority project. The City of Ottawa's RTES included an in-depth 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.

[12] On April 5, 2006, the City of Ottawa filed an application with the Agency pursuant to subsection 98(2) of the CTA for approval to construct the LRT line from the Mackenzie King Bridge to Woodroffe Avenue. Approval was granted by the Agency pursuant to Decision No. 474-R-2006 dated August 31, 2006. On July 12, 2006, the City of Ottawa Council approved the extension of the LRT line from Woodroffe Avenue to the future Barrhaven Town Centre.

LRT alignment

[13] The LRT Project consists of some 31 kilometres of twin-track electrically powered light rail 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. Phase 1, from the Mackenzie King Bridge to Woodroffe Avenue, which was conditionally approved by the Agency in Decision No. 474-R-2006 dated August 31, 2006, has a completion date of 2009.

[14] The second phase, the subject of this application, consisting of 2.2 kilometres of track of which 1.4 kilometres is single track, will be constructed from Woodroffe Avenue to the future Barrhaven Town Centre. The proposed route, included in the environmental assessment approved by the Agency in Decision No. LET-R-188-2006, is along the centre median of Chapman Mills Boulevard, from Woodroffe Avenue west to Barrhaven Town Centre, just east of Greenbank Road.

Benefits

[15] The LRT Project forms part of the City of Ottawa's proposed ultimate 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.

[16] 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.

[17] The LRT project should result in social benefits like connecting communities and fostering travel and participation between communities and providing for more housing options for the university students in the city along the LRT.

[18] 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.

[19] The City of Ottawa submits that the Woodroffe Avenue to Barrhaven Town Centre LRT line extension should be built at this time as it will enhance ridership, provide a catalyst for development, improve transit network connectivity in the Barrhaven community and take advantage of cost savings through the current contract.

[20] Cost savings are due to significant savings on the mobilization of construction resources that would already be engaged as part of the broader construction of the Mackenzie King Bridge to Woodroffe Avenue Phase I LRT Project.

[21] The City of Ottawa states that this extension to the Barrhaven Town Centre of the LRT network would provide reliable service at the 10-minute frequencies required to satisfy projected ridership for the next 20 years. Further, the City of Ottawa submits that the ridership forecast indicates that extending the LRT to the future Barrhaven Town Centre would attract more transit riders as compared to the Phase I LRT Project terminating at Woodroffe Avenue, adding 2,800 customer-trips per day in 2011 and 6,400 in 2021.

[22] The City of Ottawa submits that the Woodroffe Avenue to Barrhaven Town Centre extension will promote transit-oriented development. The City of Ottawa adds that by providing transit prior to urban and roadway development it can influence and shape development and stimulate transit habits that may result in more efficient and compact developments.

[23] The City of Ottawa states that the LRT line will cross the Rideau River to connect Barrhaven to Riverside South communities via the Strandherd-Armstrong LRT/road Bridge. This bridge will provide for a major new link in the City of Ottawa's transportation network with the future connection of Strandherd Drive to Armstrong Road to form a continuous new East-West arterial road corridor for the city. The City of Ottawa further states that the Strandherd-Armstrong LRT/road Bridge is part of a major initiative to reconstruct Strandherd Drive from Fallowfield Road to the Rideau River and Armstrong Road from the Rideau River to Limebank Road. Those works are essential for the efficient distribution of traffic to the various north-south routes and to adequately serve the planned growth to the south of Strandherd Drive.

ANALYSIS AND FINDINGS

[24] 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.

Requirements for railway operations and services

[25] In respect of the City of Ottawa's initial application dated April 5, 2006 and the subject of Decision No. 474-R-2006, the Agency has examined the forecasted level of population and employment rates for the Greater Ottawa region over 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.

[26] 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.

[27] The Agency further notes that the LRT extension across the Rideau River is part of the initiative to reconstruct Strandherd Drive and Armstrong Road and is essential for the efficient distribution of traffic to various north-south routes and to adequately serve planned growth.

[28] The Agency further notes that no interventions were filed with the Agency in response to the City of Ottawa's public notice of July 21, 2006.

[29] Studies provided by the City of Ottawa with its approved environmental assessment have substantiated the requirement for additional and improved transportation to handle the expected growth of the city over the next 20 years. The studies also indicate that the recommended LRT method of transportation will provide high-quality rapid transit services, as well as environmental, social and economic benefits.

[30] Furthermore, the City of Ottawa has demonstrated that the requirements for the extension of the railway services and operations to the Barrhaven Town Centre will influence and shape the development in the area and result in more efficient and compact developments.

[31] The City of Ottawa has also demonstrated that the LRT line extension as part of its major LRT initiative is essential for the efficient distribution of traffic.

[32] In light of the above, the Agency is of the opinion that the City of Ottawa has demonstrated the need for improved transportation through the proposed extension from Woodroffe Avenue to the future Barrhaven Town Centre.

Interests of the localities

[33] The Agency notes that in this case the proponent is also the locality. The Agency also notes that the City of Ottawa has conducted numerous initiatives to seek the input of the public with respect to the LRT Project from Woodroffe Avenue to Barrhaven Town Centre.

[34] The Agency notes that the expected results from the construction of the Woodroffe Avenue to Barrhaven Town Centre LRT Project extension will promote transit-oriented development, enhance ridership, provide a catalyst for development, improve transit network connectivity and provide cost savings.

[35] The Agency is of the opinion that the City of Ottawa has demonstrated that the requirement for LRT railway operations and services is necessary for future commuter transportation in the city of Ottawa. The benefits provided by the extension of the LRT line to the future Barrhaven Town Centre would not be adverse to the interests of the localities affected by the proposed construction.

[36] In light of the above, the Agency finds that the location of the LRT line between Woodroffe Avenue and the future Barrhaven Town Centre is reasonable.

CONCLUSION

[37] Based on the above findings, the Agency, pursuant to subsection 98(2) of the CTA and subject to the same conditions as those set out in Decision No. 474-R-2006, hereby approves the construction of the LRT line from Woodroffe Avenue to the Barrhaven Town Centre, 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.

[38] The current approval under subsection 98(2) of the CTA does not allow the City of Ottawa to commence construction of the proposed railway line prior to obtaining a variance of its certificate of fitness to reflect such construction.

Members

• Guy Delisle
• Gilles Dufault
• Baljinder Gill