Toronto Star

Halton wants say in rail project

Region launches legal action against CN Railway amid frustratio­n over Milton facility

- NOOR JAVED STAFF REPORTER

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.”

 ?? NIKKI WESLEY/METROLAND ?? Mayor Gord Krantz says the project will have “significan­t ramificati­ons” for Milton residents’ quality of life.
NIKKI WESLEY/METROLAND Mayor Gord Krantz says the project will have “significan­t ramificati­ons” for Milton residents’ quality of life.
 ?? ALEXANDRA HECK ?? In an email to Premier Kathleen Wynne, Halton Regional Chair Gary Carr said the region was left with “no choice” but to take legal action.
ALEXANDRA HECK In an email to Premier Kathleen Wynne, Halton Regional Chair Gary Carr said the region was left with “no choice” but to take legal action.

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