Decision No. 85-R-2013

March 8, 2013

APPLICATION by CSX Transportation, Inc. and CSX Intermodal Terminals, Inc. pursuant to subsection 98(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No.: 
R8045/11-06842

APPLICATION

[1] CSX Transportation, Inc. (CSXT) and CSX Intermodal Terminals, Inc. (CSXIT) [applicants] filed an application with the Canadian Transportation Agency (Agency) pursuant to subsection98(2) of the Canada Transportation Act (CTA). CSXT is seeking the Agency’s approval to construct a new portion of its Montreal Subdivision. In addition, CSXIT is seeking the Agency’s approval for the construction of new railway lines as part of a proposed intermodal terminal, in the city of Salaberry-de-Valleyfield (Valleyfield), in the province of Quebec, as shown on Plans CTP-001, CTP-002 and CT-001 dated April 5, 2012, and Plan GI-006 revised February27, 2013.

ISSUE

[2] Are the locations of the proposed railway lines reasonable taking into consideration the requirements for railway operations and services, and the interests of the localities that will be affected by the lines?

RELEVANT STATUTORY EXTRACTS

[3] The extracts relevant to this Decision are set out in the Appendix.

PRELIMINARY MATTER

[4] The Agency notes CSXT’s submission that it intends, once the proposed new main railway line is operational, to sell a portion of the existing railway line, between Highway 530 and RueIsabella, to the City of Salaberry-de-Valleyfield (City).

[5] Sections 140 to 146.1 of Part III, Division V, of the CTA set out the steps that a railway company must take before it may formally transfer or discontinue a line.

[6] CSXT should be aware that it is required to take the steps necessary pursuant to the CTA before it may formally transfer or discontinue its railway line.

LOCATIONS OF THE RAILWAY LINES

[7] CSXT’s proposed new main railway line is 3.12 kilometres in length, with two new at-grade crossings, at Boulevard Gérard-Cadieux and Boulevard des Érables, and one existing grade crossing located at the end of the proposed line, at Chemin du Canal Ouest, where it will join the existing railway line.

[8] The proposed section of the mainline track will start at mileage 210.45 and end at mileage212.39 of CSXT’s Montreal Subdivision. The site for the proposed new main railway line will be parallel to Highway 530 immediately to the east of its northbound lane.

[9] The Montreal Subdivision is a single-track main line and is a key part of CSXT’s rail network as it forms part of the Montréal-Eastern United States of America corridor. According to the applicants, Valleyfield was strategically chosen as it is located in a major transportation corridor, which includes CSXT and the Canadian National Railway Company (CN), major highways and port access to the St. Lawrence Seaway.

[10] CSXT’s Montreal Subdivision serves as the main line to Massena, New York, United States of America and current traffic through Valleyfield is two trains per day. The applicants anticipate that 75 percent of the rail operations will take place between 8:00 a.m. and 7:00 p.m. and 95percent of the activities will take place from Monday to Friday.

[11] The applicants also propose a 3.11 kilometre-long railway line which will be known as the Valleyfield Industrial Track (VIT). This railway line will require two new at-grade crossings at Boulevard des Érables and Chemin de la Desserte Sud. CSXT also proposes a 0.49 kilometre-long railway line wye between the proposed new main railway line, at mileage 211.23, and the VIT, at VIT mileage 0.39.

[12] The proposed VIT will extend between mileages 210.81 and 212.17 of CSXT’s Montreal Subdivision. The VIT will start at mileage 210.81 of the proposed new main railway line, VIT mileage 0.00, and will reconnect 3.11 kilometres thereafter, at VIT mileage 1.93, with CSXT’S Montreal Subdivision at mileage 212.17.

[13] CSXT owns 34 hectares of land that it will lease to CSXIT to build an intermodal terminal located southeast of the residential areas of Valleyfield. The geographic boundaries of the project are Highway 530, Boulevard Sainte-Marie, Boulevard Gérard-Cadieux and part of CN’s railway line leased to CSXT for use as its Montreal Subdivision.

[14] CSXIT’s proposed intermodal terminal will start at VIT mileage 1.00 and will include a total of 5.05 kilometres of new railway lines that will end at VIT mileage 1.93. CSXIT’s proposed intermodal terminal includes:

  • Three parallel transshipment railway lines;
  • Two inspection and repair railway lines;
  • Cranes for the transfer of railway containers;
  • Three buildings; and,
  • Access roads into the intermodal terminal.

[15] The intermodal terminal will be located within an existing industrial park adjacent to the transportation corridor and will benefit from the extensive transportation infrastructure linking the northern United States of America with the rest of Quebec.

REQUIREMENT FOR RAILWAY OPERATIONS AND SERVICES

CSXT’s new main railway line

[16] CSXT, which operates a line of railway that passes through Valleyfield, proposes to construct a new main railway line located alongside Highway 530 to facilitate rail access to CSXIT’s intermodal terminal and relocate rail traffic from residential neighbourhoods.

CSXIT’s intermodal terminal

[17] CSXT operates a railway line in Beauharnois, located approximately 20 kilometres east of Valleyfield. It is able to meet current demands for intermodal transportation services from several businesses in these two cities. However, the capacity of this railway line is, in the applicants’ view, inadequate for the long-term growth of its intermodal traffic.

[18] The applicants plan to transfer the intermodal traffic presently handled at the Beauharnois intermodal terminal to the Valleyfield intermodal terminal once it is in operation.

[19] According to the applicants, the Valleyfield intermodal terminal will be designed for a maximum transshipment capacity of 160,000 containers per year. The actual number of transshipments will be based on the market. According to the applicants’ projections, the intermodal terminal will handle up to 110,000 container transshipments by its fifth year of operation.

[20] The applicants state that the need for global trade and supply chains that can provide rapid and secure movement of goods has driven their development of intermodal transportation infrastructure, mostly because intermodal containers are designed to be easily transported and transferred from one mode of transportation to another, whether by train, ship or truck.

[21] The applicants submit that the development of intermodal transportation in North America is also motivated by environmental considerations. Transferring container transportation from trucks to trains provides significant environmental benefits due to a reduction in greenhouse gases, both by reducing truck traffic and highway congestion as well as by reducing consumption of fuel relative to the quantity of freight transported.

[22] The applicants point out that due to the important development of intermodal transportation in North America, they are seeking to provide greater intermodal transportation services in the province of Quebec and thereby meet the increasing market demand.

[23] The applicants’ market studies show a demand for faster and more efficient intermodal transportation in the Quebec market. The applicants suggest that their regional clientele is interested in an alternative to truck transportation, while international maritime carriers want to increase port locations they can offer to their shippers.

[24] The applicants plan to invest $100 million in the construction of the railway line and intermodal terminal, creating approximately 660 temporary jobs. More than 430 jobs are expected to be created directly or indirectly by the operations of the intermodal terminal.

[25] The Agency notes the applicants’ intent to relocate intermodal operations from Beauharnois, the importance of the new main railway line to CSXT, and CSXIT’s ability to expand service to meet intermodal demands in Quebec.

INTERESTS OF THE LOCALITIES

Nature of the operations

[26] Valleyfield is located along the shore of the St. Lawrence River at a confluence of rail and road networks connecting Quebec to eastern North America.

CSXT’s new main railway line

[27] CSXT submits that construction of the proposed new main railway line will involve the purchase of lands from the province of Quebec and the new line will connect into a section of the main line which belongs to CN but is leased long term to CSXT.

[28] CSXT states that the proposed new main railway line will be located entirely within what is now the right-of-way of Highway 530 on the eastern edge of Valleyfield. The proposed new main railway line will divert the two trains currently passing daily through Valleyfield’s southern residential neighbourhoods to an industrial area on the city’s outskirts.

CSXIT’s intermodal terminal

[29] The proposed intermodal terminal will be located within an existing industrial park specifically designated by the community for these types of activities. Operations will commence immediately upon the completion of construction with a ramping up of traffic with each year up to its maximum in year five. At its maximum, the current two trains that transit the Montreal Subdivision daily will be doubled to four trains.

[30] Once trains arrive at the proposed intermodal terminal, they will have access to various railway lines for transshipment of containers between railcars and trucks as well as between railcars and the container storage area, which can accommodate up to 1,140 containers. Two wide-span diesel powered cranes will handle the containers and will operate and travel on rails laid parallel to the railway lines.

Road access and crossings

[31] The applicants submit that intermodal-related truck traffic will be routed to Highway 530 via Boulevard des Érables. Once inside the terminal, trucks will transit along paved roadways to the crane platforms where they will load or unload containers. It is the applicants’ intent to minimize truck idling, congestion and line-ups for the approximately 66,000 trucks that will visit the site annually.

[32] The construction of the new main railway line and intermodal terminal will require the construction of four new at-grade crossings and the modification of an existing at-grade public crossing. The applicants assert that these crossings are designed in accordance with the requirements set out in the document Road/Railway Grade Crossings Technical Standards and Inspection, Testing and Maintenance Requirements (RTD 10) issued by Transport Canada and based on the forecast volumes of road vehicles and according to the anticipated number of trains. The required crossings are as follows:

  • Boulevard Gérard-Cadieux, at mileage 210.75 of the new main railway line, where CSXT will install a warning system equipped with flashing lights, bells and gates;
  • Boulevard des Érables, at mileage 211.50 of the new main railway line, where CSXT will install flashing lights, bells and gates;
  • Boulevard des Érables, at mileage 1.00 of the VIT, where CSXT will install flashing lights and bells;
  • Chemin de la Desserte Sud, at mileage 1.82 of the VIT at the exit of the terminal. CSXIT will equip this crossing with fence gates and Chemin de la Desserte Sud will become a private road; and,
  • The existing at-grade public crossing of Chemin du Canal Ouest, at mileage212.34, will be modified for two reasons:
    1. The proposed new main railway line will connect with the existing railway line at that location; and,
    2. A CN siding track starting north of Chemin du Canal Ouest, at approximate mileage212.50 will be extended southward, approximately 55 metres past the crossing of Chemin du Canal Ouest, replacing the current single track crossing with a double track crossing. The existing automatic crossing protection system consisting of two flashing lights will be enhanced by the installation of gates.

[33] The City will also rebuild the Boulevard Sainte-Marie viaduct and reconfigure the entrance and exit to Valleyfield via Rue Victoria.

[34] Should CSXT and the City be unsuccessful in negotiating an agreement respecting the construction, maintenance or apportionment of the costs of a road crossing, an application may be filed with the Agency pursuant to section 101 of the CTA.

Railway line across another railway line

[35] As the proposed new main railway line connects with CN’s Valleyfield Subdivision, the current connection between CSXT’s railway line and CN’s railway line will be moved to mileage212.39. Standard switches will be located within CN’s right-of-way.

[36] Should CSXT and CN be unable to reach an agreement respecting the construction of a railway line across another railway line, an application may be filed with the Agency pursuant to subsection 99(3) of the CTA.

Environmental assessment

[37] The application included an environmental assessment of the project prepared in accordance with the requirements of the former Canadian Environmental Assessment Act, S.C., 1992, c. 37 (former CEAA). Pursuant to paragraph 5(1)(d) of the former CEAA, an environmental assessment of the project was required before the Agency could exercise its discretion under subsection 98(2) of the CTA.

[38] However, on July 6, 2012, the former CEAA was replaced by the Canadian Environmental Assessment Act, 2012, S.C., 2012, c. 19 which no longer requires the Agency to conduct an environmental assessment for this type of application prior to rendering a decision pursuant to subsection 98(2) of the CTA.

[39] The Agency is of the opinion that the information provided as part of the environmental assessment pursuant to the former CEAA is relevant to inform the Agency of the interests of the localities potentially affected by the location of the railway lines. Therefore, it will form part of the evidence considered by the Agency.

Public consultations

[40] The applicants conducted public consultations, including open houses, and they published notices of their application so that, according to the applicants, interested citizens were able to obtain information about the applicants and the application along three themes:

  • The CSX Group in North America;
  • The description of the relocation of the main track into the Industrial Park and the construction of the proposed intermodal terminal;
  • The anticipated repercussions and, where appropriate, the mitigating measures that will be implemented.

[41] In the environmental assessment report, the applicants provided a rationale for why aboriginal consultation was not required in respect of the application. The Agency subsequently requested the applicants to further explain the basis for their assessment, which they provided.

Response to the public notices

[42] In order to meet the requirements set out in subsection 98(2) of the CTA, the applicants published a notice in the December 23, 2011 edition of La Presse, the December 24, 2011 edition of the Le Soleil and the December 28, 2011 edition of Le Journal Saint-François. The public had 30 days to file comments.

[43] On January 22, 2012, Ronald Poirier submitted a letter of opposition, in which he stated that he is the owner of 84 hectares of land that he currently farms near CN’s Cécile Junction on the Valleyfield Subdivision. Mr. Poirier also indicated that his land is transected by railway lines and that rail cars belonging to both CSXT and CN frequently block the private crossing between his various parcels of land.

[44] Mr. Poirier indicated that when the private crossing is blocked, he must make a detour that takes him one hour and forty-five minutes to access his fields. Mr. Poirier also indicated that the procedure for requesting CSXT to clear the private crossing can take between four and eight hours.

[45] Mr. Poirier stated that he opposes the applicants’ project as, according to him, train traffic would increase over the crossing, which would impact his farm operations.

[46] The applicants, in a letter dated February 10, 2012, stated that Mr. Poirier’s comments are not linked to CSXIT’s application to construct an intermodal terminal. Further, the applicants assert that the proposed intermodal terminal would provide railcar storage on site and thereby reduce the parking of CSXT’s cars on CN’s track. However, the applicants agreed to meet with Mr. Poirier to identify solutions.

[47] To address Mr. Poirier’s concerns that the proposed intermodal terminal would aggravate an existing situation, the applicants indicated, in a letter dated January 9, 2013, that:

  • They do not plan to store any intermodal cars on CN’s railway line;
  • There will not be an increase in the number of other (than intermodal) cars parked on the railway line crossing Mr. Poirier’s farm;
  • A new 5,000 foot siding has been built at the Beauharnois rail yard, and two 10,000 foot sidings will be built in Massena in anticipation of additional intermodal traffic from the proposed terminal. These arrangements have already benefited Mr. Poirier and will continue to do so by significantly reducing the number of CSXT cars stored on CN’s line and the period of time for which any cars need to be stored there; and,
  • The applicants have established new communication protocols so that if Mr. Poirier encounters any issue with CSXT’s stored cars at his crossing, he has the possibility of calling a French-speaking representative from CSXT at any time of the day, seven days a week, to have CSXT’s cars moved.

Results of the public consultations

Air quality

[48] Although existing train-related air emissions were a source of concern during the public consultations, the applicants cite data from the Montréal Air Quality Control Network that indicates that air quality is generally good in the area.

[49] The applicants assert that while construction activities will increase dust and tailpipe emissions from heavy machinery, these impacts are reversible and of short duration.

[50] According to the applicants, air quality modelling during the operational phase of the intermodal terminal indicated only a minor impact on air quality in the area due to train-related air emissions.

Dangerous goods

[51] The public expressed concerns over the possible risks associated with the transportation and handling of dangerous goods at the intermodal terminal.

[52] The applicants assert that the intermodal terminal has been designed to ensure safe operations and that it will not handle hazardous materials shipped by tank car, and containers will be locked and surrounded by security fencing.

Infrastructure

[53] The public identified an impact to local snowmobile trails as a concern as a snowmobile trail running through CSXT’s property will need to be relocated.

[54] The applicants state that the risk of collision with a train cannot be convincingly ruled out and that this type of usage is incompatible with the planned use of the property. Consequently, use of the snowmobiles will be prohibited during the construction and operating phases.

Noise and vibration

[55] Noise and vibration due to rail construction was identified as a potential impact to an interest of the locality through the public consultations and meetings with businesses near the proposed intermodal terminal. The applicants provided an assessment of noise and vibration resulting from the proposed construction activities.

[56] The applicants note that the construction of the new main railway line and the intermodal terminal and its associated infrastructure may result in short-term impacts on the existing sound environment due to the operation of heavy machinery such as earthmovers and excavators, and the construction activities themselves.

[57] The applicants state that they will contract a consulting firm to monitor noise and vibration during the entire duration of all construction activities, including the construction of the intermodal terminal and associated infrastructure, and the demolition and reconstruction of the Boulevard Sainte-Marie overpass.

[58] The applicants submitted a detailed noise study. The cumulative noise levels due to railway operations (including the intermodal terminal, trains, and associated truck traffic) were compared to background sound levels from Highway 530.

[59] The Agency notes that the applicants committed, in correspondence dated March 1, May 11, July 30 and October 16, 2012, in relation to noise and vibration effects, to implement specific noise and vibration mitigating measures during construction and operation.

[60] Local residents also identified train whistling as a component of railway-related noise. Train whistling requirements set out in the Canadian Rail Operating Rules, TC O-0-93 state that trains must whistle as they approach public rail-road grade crossings. The Railway Safety Act, R.S.C., 1985, c. 32 (4th Supp.) allows municipal governments to request whistling cessation at a crossing. The whistling cessation process includes installing equipment that meets specific safety standards to provide adequate warning that a train is coming.

[61] When municipal governments seek to eliminate train whistles, they must work with the railway company and follow Transport Canada’s guideline entitled Procedure and Conditions for Eliminating Whistling at Public Crossings.

Municipal and provincial government consultations

[62] The applicants conducted municipal and provincial government consultations so that, according to the applicants, various provincial government bodies were informed of the project and in order to ensure its smooth integration into the community.

Results of municipal and provincial government consultations

Biological resources

[63] A mixture of shrub, grasses and small groves of hardwood trees now cover part of the site of the VIT in addition to several small to very small wetland areas. Two of these will be directly impacted by the intermodal terminal. The largest of these wetlands would see about a quarter of its 1.41 hectare surface filled in to construct the VIT into the intermodal terminal.

[64] Given the partial infill of wetland, the VIT requires an authorization under section22 of Quebec’s Loi sur la qualité de l’environnement, ch. Q-2. The applicants obtained this authorization by submitting a compensation plan for the loss of 2.27 hectares of wetland. Two conservation sites with a total surface area of 5 hectares in close proximity to the intermodal terminal were proposed and accepted as compensation for wetland infill. The compensation plan also satisfied Quebec’s requirement to compensate a potential loss of brown snake habitat.

[65] The applicants committed to proceeding to remove trees and vegetation, such as shrubs, outside the bird nesting season from mid-April to July so as to not impact birds potentially nesting on the site.

Site management

[66] The intermodal terminal is located within the Perron Industrial Park and Port. The land to the west of the intermodal terminal is residential and the land to the south is industrial. While being zoned industrial, a northern portion of the intermodal terminal was still farmed in 2011.

[67] Soil samples collected on site were subjected to chemical analysis and met provincial criteria for industrial and commercial uses. Surface soils excavated for the purpose of site preparation may therefore be safely used for the construction of earthen berms on the edge of the intermodal terminal.

[68] The applicants committed to installing directional lighting to limit the dispersion of light into the sky and the adjacent area.

[69] The applicants also committed to fencing the intermodal terminal and restricting access through a security controlled entrance. These security measures will reduce vandalism and restrict unauthorized access.

Traffic

[70] In addition to the public’s concerns, municipal officials wanted to know the impacts of increased traffic from the intermodal terminal and other projected industrial and residential development projects on the local road network.

[71] In collaboration with Transports Québec (MTQ), the applicants’ consultants assessed the impacts of the railway lines and intermodal terminal on the local road network’s capacity and functionality. As the construction of the intermodal terminal would require the acquisition of a narrow strip of land along Highway 530 from MTQ, the traffic study also assessed whether MTQ could cede this land to CSXT or whether it needed the land for future road improvements.

[72] On June 1, 2012, regional MTQ officials accepted the applicants’ traffic study conclusions that the intermodal terminal and other future developments would have only a minor impact on the traffic flow in the area. MTQ deemed the design for the reconstruction of the Highway 530 overpass at Boulevard Sainte-Marie acceptable.

Water resources impacts

[73] Storm water management is an issue of interest for the City. During the first year of operation, water quality will be periodically monitored as water leaves the retention basins to enter the storm water drainage to ensure that it meets municipal regulations.

[74] The intermodal terminal’s drainage will be done through a series of underground drains and open trenches that will direct the surface waters to fore bays and retention basins on the site and then, through oil/water separators. From there, the surface waters will be directed to storm water drainage or the municipal sewage system.

[75] City officials indicated that supplying water and sewage treatment posed no problem for the municipal installations.

Support for the project

[76] The City’s mayor has submitted a letter supporting the applicants’ construction of the railway lines. Moreover, CSXT and the City signed a memorandum of understanding that focuses on enhancing the benefits to each party as a result of the railway lines’ construction and operation.

[77] To this end, the City, in a letter dated October 10, 2012, committed to:

–Ensuring that construction activities related to the Boulevard Sainte-Marie overpass will not take place during the night unless required under exceptional circumstances for traffic safety;

–Avoiding explosive and pile driver use for the demolition and reconstruction of the Boulevard Sainte-Marie overpass unless required under exceptional circumstances. In the event of such exceptional circumstances, the City intends to notify nearby residents in advance and limit noise as much as possible; and,

–Following the mitigation strategies proposed by the applicants.

[78] In support of the project, the applicants submitted letters from Pival International Inc., Port of Valleyfield, Fédération des chambres de commerce du Québec, La Conférence régionale des élus Vallée-du-Haut-Saint-Laurent, Centre local de développement Beauharnois-Salaberry, Société d’aide au développement des collectivités du Suroît-Sud and Chambre de commerce de la région de Salaberry-de-Valleyfield.

Agency finding

[79] The Agency has considered the applicants’ submissions with respect to the locations of the railway lines, the need for railway services and the interests of the localities. Moreover, the Agency has considered the submissions from Pival International Inc., Port of Valleyfield, Fédération des chambres de commerce du Québec, La Conférence régionale des élus Vallée-du-Haut-Saint-Laurent, Centre local de développement Beauharnois-Salaberry, Société d’aide au développement des collectivités du Suroît-Sud and Chambre de commerce de la région de Salaberry-de-Valleyfield which state that the proposed construction of the intermodal terminal will benefit the local community.

[80] In addition, the Agency has considered the comments received from Mr. Poirier in response to the public notices. The Agency notes that the applicants have proposed measures to address Mr.Poirier’s opposition.

[81] The Agency has also considered the comments received through the public consultation process, as well as the municipal and provincial governments’ consultation process. In this case, while there was limited public opposition to, or concern in respect of, the construction of the railway lines, the applicants have addressed and accommodated through various measures the concerns of the localities affected by the lines. The Agency finds that the evidence submitted relating to public consultations conducted by the applicants is sufficient for them to meet their obligations under section 98 of the CTA. Considering the information before it, the Agency finds that there is no duty to consult aboriginal groups in respect of the Agency’s authorization of the application.

[82] Further, the Agency finds the specific noise and vibration mitigating measures proposed by the applicants in relation to noise and vibration effects during construction and operation to be appropriate in the circumstances. With noise and vibration measures implemented, the Agency considers that the noise and vibration from the construction and operation of the proposed railway lines and intermodal terminal will not be substantial and the interests of the localities will be protected.

[83] Taking all of the submissions into account, the Agency finds that the locations of the proposed railway lines are reasonable taking into consideration the requirements for railway operations and services, and the interests of the localities affected by the lines.

CONCLUSION

[84] Accordingly, the Agency, pursuant to subsection 98(2) of the CTA and subject to the following conditions, approves the construction of the railway lines.

CONDITIONS

[85] The applicants shall, during construction and operation:

  1. Implement the commitments, mitigation measures, best practices and procedures for the protection of the interest of the localities as set out in their environmental assessment report and supplementary information provided, including, but not limited to, noise and vibration effects.
  2. For further clarity in relation to noise and vibration effects, implement the following specific noise and vibration mitigating measures during the construction and operation of both the new main railway line and the intermodal terminal:
    1. Use structures and materials on site to shield noise from sensitive areas, where possible;
    2. Inform employees of noise control measures to be employed at the site, including the provision of appropriate training;
    3. Route construction vehicles away from residential streets;
    4. Limit construction vehicle traffic speeds to 50 km/h;
    5. Limit construction activities to daylight hours (7:00 a.m. to 9:00 p.m., and less in the winter months due to the decrease in dayligh;
    6. Conduct construction activities in compliance with City Regulation No. 218 regarding nuisance;
    7. Align construction activities with industry best practices, and use construction equipment that meets industry standards;
    8. Select equipment used for construction activities that are appropriate for the task;
    9. Fit construction equipment with standard noise-damping devices, mufflers or use enclosures where possible;
    10. Properly maintain all construction equipment and repair damaged exhausts, engines, etc. immediately;
    11. Discourage unnecessary construction equipment idling;
    12. Avoid demolition, earthmoving and major ground-impacting operations from occurring within the same period and area;
    13. Appropriately schedule construction activities that may generate significant noise and for which mitigation may not be feasible, and reduce disruption to nearby residents by notifying them when it will occur;
    14. Prepare a detailed programme of noise control associated with the main line, VIT, and wye track, and terminal construction; and,
    15. Monitor noise and vibration during construction on a monthly basis.
  3. For further clarity in relation to noise and vibration effects, implement the following specific noise and vibration mitigating measures during the construction and operation of the new main railway line:
    1. Install concrete surfaced crossings with rubber flangeways at all at-grade crossings; and,
    2. Install the appropriate lubricant in the railway curves to the north of Boulevard Sainte-Marie and of Boulevard Gérard-Cadieux.
  4. For further clarity in relation to noise and vibration effects, implement the following specific noise and vibration mitigating measures during the construction and operation of the intermodal terminal:

    1. Construct a permanent six-metre high soil berm and precast concrete sound barrier along Highway 530 during the first phase of the construction to mitigate the noise generated during subsequent construction activities and future terminal operations;
    2. Install air compression system pipes at a sufficient depth to avoid frost heaving; and,
    3. Mitigate the proposed rubber tire gantry cranes to produce a maximum sound level of 67 dBA at a distance of 50 metres with the crane in full operation, except alarms.
  5. Cause no variation in those commitments, mitigation measures, best practices and procedures without prior approval from the Agency.


APPENDIX TO DECISION NO. 85-R-2013


Canada Transportation Act, S.C., 1996, c. 10, as amended

98. (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.

99. (1) An agreement, or an amendment to an agreement, relating to the construction of a railway line across another railway line may be filed with the Agency.

(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of the railway line or any related work.

101. (1) An agreement, or an amendment to an agreement, relating to the construction, maintenance or apportionment of the costs of a road crossing or a utility crossing may be filed with the Agency.

(3) If a person is unsuccessful in negotiating an agreement or amendment mentioned in subsection (1), the Agency may, on application, authorize the construction of a suitable road crossing, utility crossing or related work, or specifying who shall maintain the crossing.

(4) Section 16 of the Railway Safety Act applies if a person is unsuccessful in negotiating an agreement relating to the apportionment of the costs of constructing or maintaining the road crossing or utility crossing.

140. (1) In this Division, “railway line” includes a portion of a railway line, but does not include

  1. (a) a yard track, siding or spur; or
  2. (b) other track auxiliary to a railway line.
  3. (2) The Agency may determine as a question of fact what constitutes a yard track, siding, spur or other track auxiliary to a railway line.

141. (1) A railway company shall prepare and keep up to date a plan indicating for each of its railway lines whether it intends to continue to operate the line or whether, within the next three years, it intends to take steps to discontinue operating the line.

142. (1) A railway company shall comply with the steps described in this Division before discontinuing operating a railway line.

(2) A railway company shall not take steps to discontinue operating a railway line before the company’s intention to discontinue operating the line has been indicated in its plan for at least 12months.

143. (1) The railway company shall advertise the availability of the railway line, or any operating interest that the company has in it, for sale, lease or other transfer for continued operation and its intention to discontinue operating the line if it is not transferred.

145. (1) The railway company shall offer to transfer all of its interest in the railway line to the governments mentioned in this section for not more than its net salvage value to be used for any purpose if:

  • (a) no person makes their interest known to the railway company, or no agreement with an interested person is reached, within the required time; or
  • (b) an agreement is reached within the required time, but the transfer is not completed in accordance with the agreement.

146. (1) If a railway company has complied with the process set out in sections 143 to 145, but an agreement for the sale, lease or other transfer of the railway line or an interest in it is not entered into through that process, the railway company may discontinue operating the line on providing notice of the discontinuance to the Agency. [...]

146.2 (1) A railway company shall prepare and keep up to date a list of its sidings and spurs that it plans to dismantle and that are located in metropolitan areas or within the territory served by any urban transit authority, except for sidings and spurs located on a railway right-of-way that will continue to be used for railway operations subsequent to their dismantlement.

Member(s)

J. Mark MacKeigan
Jean-Denis Pelletier, P.Eng.
Date modified: