Letter Decision No. LET-R-4-2023

Background

On December 13, 2022, the Agency issued Decision LET-R-54-2022, which identified outstanding elements required for CMQ to complete its application for the Agency’s approval of the proposed railway line.

On December 20, 2022, CMQ filed with the Agency its response to Decision LET‑R‑54-2022 (response). In this Decision, the Agency addresses issues raised by CMQ in its response regarding the interests of localities and the Environmental Effects Evaluation (EEE).

CMQ’s Response

In its response, CMQ highlights the unique nature of the proposed railway line as the Government of Canada initiated the project in 2018, along with the Government of Quebec. CMQ also states that Transport Canada (TC) has assumed some of the responsibilities typically undertaken by railway line construction applicants when seeking Agency authority to construct a railway line, including activities pertaining to community engagement.

1. Interests of localities

In its response, CMQ states that TC will file with the Agency the updated and final Stakeholder Engagement Report (SER). CMQ adds that two separate updated Tables of Commitments will be filed with the Agency: one representing CMQ’s commitments and one representing TC’s commitments. CMQ asserts that the new measures proposed by TC go beyond the proposed railway line’s impacts, and have been formulated in response to political and landowner requests.

CMQ, as the applicant, is responsible to ensure that the documents filed by TC accurately reflect the information received during all engagement activities, in line with the Agency’s requirements in Section 3.4 of How to Apply for Approval to Construct a Railway Line: A Guide for Federally Regulated Railway Companies. Furthermore, all of the commitments will be considered in determining whether the location of the railway line is reasonable and the project would be approved on the premise that all of the commitments would be fulfilled to address the interests of the localities. As with other railway construction projects where government entities made specific commitments to address interests of localities and/or potential impacts of the proposed projects, namely in Decision 248-R-2016 and Determination R-2020-166, a federal railway company under the CTA is ultimately responsible and accountable to ensure that all commitments are implemented should the construction of a railway line be approved by the Agency.

2. Environmental Effects Evaluation

In its response, CMQ states that the updated EEE Addendum filed with the Agency in June 2022 reflects and incorporates the findings of the Final Hydrogeology Study. However, CMQ does not explain its assertion. In order to complete its application, CMQ must explain how it reflected and incorporated all the findings of the Final Hydrogeology Study and associated environmental components in the EEE conclusion of no significant environmental effects, as required by the Agency in Decision LET-R-54-2022.

Conclusion

To complete its application, CMQ must file the required information as described above. The documents filed with the Agency by CMQ and TC will form part of the Agency’s record, which will be used for the Agency’s public consultation and will be the basis for the Agency’s determination in this matter.