Halton wants say in rail project
Region launches legal action against CN Railway amid frustration over Milton facility
Halton Region is launching a legal challenge against Canadian National Railway to ensure its four municipalities have a say in plans for a controversial truck-rail project planned for Milton.
The Region and its four municipalities — Milton, Burlington, Halton Hills and Oakville — filed the papers in court this week amid frustration that they have no jurisdiction when it comes to decisionmaking around the 160-hectare rail and truck distribution facility that CN, a former Crown corporation, wants to build between Britannia Rd. and Lower Base Line.
The municipal leaders say they have been told that the project is a matter of exclusive federal jurisdiction and outside the regulatory realm of the municipalities and the province.
“CN’s absolute rejection of provincial and municipal jurisdiction leaves the Halton municipalities no choice but to pursue legal action to confirm their legitimate role in assessing the truck-rail project,” wrote Regional Chair Gary Carr, in a letter to Premier Kathleen Wynne on Wednesday, asking the province to support their position.
Carr said while some elements of the project, such as “construction and the use of rail lines and loading and unloading of trains” are federally mandated, there are other elements, such as the use of regional roads and heavy truck traffic, that should be managed in conjunction with local government.
Carr says the plans for the truckrail site were put forward well after the Region had submitted its official plan in 2006, that set out future industrial and residential development.
“We did our official plan in 2006, and at the time they came in a delegation and said we aren’t going to put in a yard there,” he said.
“In late 2014, they came in after our entire plan had been approved and said we are going forward, and said ‘we don’t have to meet any of your requirements,’ ” he said.
“It’s unacceptable in this day and age that a private corporation thinks they can become the regulators of the environment, of the roads, just based on their needs,” Carr said. “We are going to take them to court, and we are going to ask the courts to rule in our favour . . . to say that if you are going to come into a region or municipality, you have to meet the standards that are already in place,” he said.
In an email response, Patrick Waldron, a spokesperson with CN, said he could not comment on the legal action, but said the project was still under review.
“CN’s proposed $250-million investment in Milton remains the subject of a comprehensive federal regulatory review by a joint panel of the Canadian Transportation Agency and the Canadian Environmental Assessment Agency” he said.
“CN has engaged, and continues to engage, local and provincial governments, Aboriginal groups and community members on the project itself to discuss solutions to mitigate potential effects of the proposed hub and on ways to enhance potential local benefits of this critical infrastructure project.”
“The proposed project would provide much-needed infrastructure to facilitate the movement of goods through the region and across North America,” he added.
“One intermodal train can transport the equivalent of 280 longdistance heavy trucks, alleviating congestion on 400-series highways.”
Municipal leaders said they are concerned that the site, which will operate 24/7 transferring containers between trains and trucks and will see more than 1,600 truck trips planned for the site every day, will negatively impact traffic, the environment and the lives of residents in south Milton.
“This project is going to be built adjacent to subdivisions,” said Milton Mayor Gordon Krantz.
“It’s going to have pretty significant ramifications on the quality of life of residents.”