Letter Decision No. LET-R-54-2022

Preliminary application

On October 1, 2021, CP filed a preliminary application under section 98 of the CTA on behalf of its subsidiary Central Maine and Quebec Railway Canada Inc. (CMQ). In its preliminary application, CMQ requested that the Canadian Transportation Agency (Agency) approve the construction of a railway bypass around the downtown of the City of Lac-Mégantic (proposed railway line).

Since the issuance of Decision LET-R-60-2021 on November 12, 2021, CMQ has made supplemental filings (on November 25 and December 17, 2021, and on June 10, 2022).

Outstanding elements

The Agency has reviewed CMQ’s submissions and has identified the following outstanding elements required for CMQ to complete its application.

1. Interests of localities

The Agency is aware that since Decision LET-R-60-2021 was issued, Transport Canada (TC) has held several public engagement activities in relation to the proposed railway line.

The Agency requires CMQ to file final versions of the following documents to complete its application, to ensure that the results of public engagement activities undertaken since June 10, 2022, are incorporated:

• Stakeholder Engagement Report;
• Table of Commitments.

2. Environmental Effects Evaluation (EEE)

CMQ filed an EEE on December 16, 2021. This EEE was later updated on June 10, 2022, with an addendum, incorporating information available at the time of filing concerning environmental effects and mitigation measures, as well as an assessment of the residual effects of the proposed railway line.

Furthermore, CMQ filed a Final Hydrogeological Study (Study) on June 10, 2022. The Study indicates that the proposed railway line has the potential to cause environmental effects on water quantity and quality in potable water wells and on wetlands, and the potential to result in soil compaction.

In addition, the Agency considered the Discussion Guide: Public Consultation – Lac-Mégantic Bypass (Discussion Guide) published by TC on its website in the context of public consultations on the proposed railway line. The Discussion Guide refers to 52 additional measures proposed by CP, as well as new commitments on the part of TC, to address the proposed railway line’s potential impacts on groundwater and indirect impacts on potable water wells and wetlands.

The Agency is of the opinion that, to the extent that they do not reflect the Study and the Discussion Guide, the EEE and the addendum do not adequately assess all of the potential impacts to the environment, and the proposed railway line’s mitigation measures and/or commitments must be revised.

Accordingly, to complete its application, CMQ must file an updated EEE that adequately addresses the potential for the proposed railway line to cause significant adverse environmental effects, including all the latest studies and commitments prepared to address public concerns raised, as well as any information regarding outstanding issues which require further study. This update must follow the same methodology as was used in the EEE, including the four criteria of the effects: magnitude, reversibility, geographic extent and duration.

Conclusion

To complete its application, CMQ must file the required information identified above.