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Interlocutory Decisions : 2002

2002-09-27

LET-R-280-2002

File No. R8055-2-1

Agriculture and Agri-Food Canada	Department of Foreign Affairs and International Trade
Canada Customs and Revenue Agency	Health Canada
Canadian Environmental Assessment Agency	International Joint Commission
Environment Canada	Indian and Northern Affairs Canada
Fisheries and Oceans Canada	Natural Resources Canada

This letter is a follow-up to a recent telephone call that Mr. Bill Aird, the Agency's Senior Environmental Officer made to your office regarding the environmental assessment (EA) of the above noted project. The Agency requests that you indicate whether your organization has an interest in participating in an interdepartmental screening committee (ISC) for that EA.

Borealis Transportation Infrastructure Trust and Canadian Pacific Railway Company Limited (CP) have formed a partnership (Detroit River Tunnel Partnership) to build and operate the proposed project. CP has advised that it will be the proponent for the project. CP intends to apply to the Canadian Transportation Agency (Agency) under ss. 98(2) of the Canada Transportation Act (CTA), for approval to build the proposed new line of railway. Such an application would trigger an environmental assessment (EA) under ss. 5(1)(d) of the Canadian Environmental Assessment Act (CEAA).

By copy of this letter, the Agency advises CP that the proposed project will be subject to an EA under CEAA.

CP has proposed that the Agency act as lead responsible authority (lead RA) as it has for numerous other rail infrastructure projects. With the concurrence of the other federal authorities (FAs) involved, the Agency is willing to assume that role and form an ISC. The ISC would not be an Agency committee; rather it will be an independent technical committee to provide EA advice to all RAs. As the lead RA, the Agency would co-ordinate the EA and provide a single window for federal communications with CP and the interested parties.

The Agency understands that CP may have had already provided a copy of its project description directly to your office. To be sure that your organization receives a copy, the Agency has attached an additional copy.

The Agency has named Mr. Aird as its point of contact for preliminary discussions regarding the ISC and the screening of CP's proposal.

For your information and comment, please find attached a draft terms of reference that we have used for previous ISCs. Also attached is a federal co-ordination questionnaire. Please complete the questionnaire and fax it along with your comments on the draft terms of reference to Mr. Aird no later than October 16, 2002. In cases where more than one contact has been identified within an FA, could you please co-ordinate your responses through a primary contact. We suggest that alternates could be placed on the mailing list to receive EA material but that only the primary contact would provide input to the lead RA. In that way, organizations would speak with one voice.

We anticipate that the potential RAs, for the project, will include:

- Canada Customs and Revenue Agency (customs plaza);

- Canadian Transportation Agency (line of railway);

- Department of Fisheries and Oceans (fish habitat (placing of ballast on the bed of Detroit River) and navigable waters);

- Office of Infrastructure Canada (possible funding under the Border Infrastructure Program);

- Transport Canada (railway safety); and

- Windsor Port Authority (easement for new tunnel).

However, some additional organizations may have an interest in the project or may possess expert advice that would assist with the screening. We have identified the following FAs who may be able to provide such input:

- Agriculture and Agri-Canada - food inspection

- Canadian Environmental Assessment Agency - CEAA process advice;

- Environment Canada - evaluation of factors related to air quality, spill contingency planning, water quality, wildlife, etc.;

- Foreign Affairs and International Trade - international matters & border security;

- Health Canada - noise & public health and well-being;

- Indian and Northern Affairs - First Nation issues;

- International Joint Commission;

- Natural Resources Canada - geology & explosives;

- Public Works & Government Services - roadway and tunnel design issues; and

- Royal Canadian Mounted Police - border security.

Could you contact Mr. Aird immediately at (819) 953-9924 with the name and telephone number of a contact with any other possible FAs that should be contacted regarding the EA of this project.

The Ontario Ministries of Environment and Transportation as well as the City of Windsor are being invited to liaise with the ISC on the screening. There may also be some liaison with the following American agencies:

- City of Detroit (planning & zoning review)

- Michigan Department of Environment (emissions, flood plain, inland lakes & streams, & stormwater permits)

- Michigan Department of Transportation (interconnection to state highways)

- Southeast Michigan Council of Governments

- Surface Transportation Board

- U.S. Army Corps of Engineers

- U.S. Department of State (Presidential Permit)

The Agency understands that CP is interested in forming a task force (with the ISC, Ontario, and possibly U.S., Michigan regulators and local officials) to consult on the drafting of a joint terms of reference for the EA and will be contacting you directly on this matter shortly. CP intends to prepare an EA, with a common section as well as sections specific to Canadian and American needs. CP is also interested in consulting with the ISC during the preparation of its EA. Please indicate on the questionnaire whether your organization could participate in such arrangements and under what conditions.