407 Rail Freight Bypass/The Missing Link

[TOareaFan]

Given that All Day 2 Way service to Kitchener is a key part of their transit platform (gets its own line item).. and the Bypass is needed for this.. I imagine it'll happen.

They have no more, or less, ability to make it happen than the current governing party. I suspect they are well aware that CN is a tough nut on this issue and the most they can offer as a promise is the vague reference to " make progress towards a freight bypass".

 

[steveintoronto]

Any Bypass has to be a federal initiative more than provincial. The legislation necessary to oversee it is in the Transportation and Relocations Acts. Perhaps if the Bypass was renamed a "pipeline" the Feds would lay down the $7+B to pay for it?

 

[Allandale25]

The government says a technical advisor for the Bypass EA was hired just before the election started. As noted in a recent Brampton staff report: "Regional Express Rail, CN Freight Bypass, and Pearson Transit Hub – Province announced on April 6, 2018 that it will hire a technical advisor for two EA studies: (1) electrified service between Georgetown and Kitchener, and (2) CN freight bypass and connection of Kitchener GO line to Pearson Transit Hub" (PDF page 42)

Guess we'll get public confirmation soon on if the federal government or any federal acts will need to be involved. At this point there's no indication. Plus, only CN is involved for the 30km of new track between Bramalea and Milton.

 

[steveintoronto]

https://www.milton.ca/MeetingDocuments/Council/agendas2015/rpts2015/ENG-020-15 The Missing Link Final Report.pdf

 

[Allandale25]

^ That's the "Missing Link" version as noted in the subject line, which as we know and have discussed here often, would have involved CP Rail, and would have required additional new tracks (and interchange tracks at junctions) between Bramalea and Scarborough/Pickering. I'm not disagreeing with you. Rather I'm only saying as best I can tell we don't have any other public indication from Metrolinx through their documents about the Bypass only for CN (Bramalea to Milton) or municipal documents on what the role would be of the federal government. Plus, a CN only Bypass between Bramalea and Milton doesn't require any "relocation" or any "joint usage by two or more railways of a common right-of-way". CN told York Region they don't want CP joining them on the York Sub.

That's why I wrote "we'll get public confirmation soon" on any potential role of the federal government and would come through the work of the technical advisor, who was recently hired.

 

[steveintoronto]

It applies to any and all scenarios or permutations of a Bypass.

Is the Province going to pay for it all by themselves?

 

[Allandale25]

^
1) And all I'm saying is that there hasn't been public confirmation yet from the proponent, Metrolinx. It may come. So far we just have a municipal report about the larger concept which there's no agreement for.
2) There was a big agreement on federal-provincial funding as noted in the Brampton staff report. Maybe some of it will come from that. Again, no public confirmation yet. We may have to wait until after the election, or EA.

For background on 2) here's what the Brampton staff report says on funding:

In Ontario, this resulted in the federal government committing over $8.3 billion and the provincial government committing over $7.3 billion, respectively to transit.

In turn, the formula used to allocate funding from the province to local transit systems across Ontario is based 100 per cent on ridership. As such, the Brampton’s share of public transit funding through this stream for the 10-year period of 2018 to 2028 is:

• $191.6 million federal investment
• $158.1 million provincial investment

Public transit funding will be allocated based on the following criteria (including anticipated cost-share):

• 85 per cent of funding is for new projects to support growth (40 per cent federal; 33 per cent provincial; 27 per cent municipal)
• 15 per cent of funding is for rehabilitation (50 per cent federal; 33 per cent provincial; 17 per cent municipal)

Projects eligible for public transit stream contribution funding under the IBA must meet at least one of the following outcomes:

• Improved capacity of public transit infrastructure;
• Improved quality and/or safety of existing or future transit systems; and
• Improved access to a public transit system.

In addition, the province must ensure that public transit Projects and active transportation Projects that connect citizens to a public transit system are consistent with a land-use or transportation plans or strategy, and where applicable, that Projects are consistent with the approved plans of regional transportation bodies.

 

[steveintoronto]

The Feds are obligated under the Relocation and Crossings Act to fund half, subject to caveats: (CTA refers to the Can Transport Agency). I suspect York Region will continue to be problematic on this, even though CP is not involved at this time.

Railway Relocation and Crossing Act (R.S.C., 1985, c. R-4)
Act current to 2018-05-09

PART I Joint Urban Development and Transportation Plans
Marginal note: Application to Agency

• 3 (1) Where, in respect of an area in a province that includes or comprises an urban area, in this Part called a “transportation study area”, the government of the province and all the municipalities within that area have agreed on an urban development plan and transportation plan, in this Part called an “accepted plan”, for that transportation study area, the province or a municipality may, subject to subsection 4(1), apply to the Agency for such orders as the Agency may make under section 7 or 8 and as are necessary to carry out the accepted plan.
  
  
• Marginal note: Part of urban area
  (2) The Agency may receive an application in respect of a transportation study area that includes only a part of an urban area if the Agency is satisfied that the accepted plan materially affects only those municipalities located wholly or in part in the transportation study area to which the accepted plan relates.
  
  
• Marginal note: Financial assistance
  (3) Subject to subsection (4) and to such regulations as the Governor in Council may make in that behalf,
  • (a) the Minister of Transport may authorize the payment, out of moneys appropriated by Parliament therefor, of part of the cost of preparing such one or more transportation plans in respect of a transportation study area as are desirable to consider for the transportation study area; and
    
    
  • (b) the Minister of Transport may authorize the payment, out of moneys appropriated by Parliament therefor, of part of the cost of preparing such one or more urban development plans in respect of a transportation study area as are desirable to consider for the transportation study area.
• Marginal note: Limitation
  (4) Not more than fifty per cent of the amount of the cost of preparing urban development plans and transportation plans described in subsection (3) may be authorized for payment under that subsection.

• R.S., 1985, c. R-4, s. 3;
• R.S., 1985, c. 28 (3rd Supp.), s. 359.

Marginal note: Examination of federal involvement

• 4 (1) Where an application to the Agency under subsection 3(1) is made in respect of an accepted plan that contemplates the use of federal programs established under the authority of Parliament in implementing the urban development or transportation plans forming part of the accepted plan, the application shall not be received by the Agency unless it is shown to the Agency that
  • (a) the Minister of Transport is satisfied that the federal programs contemplated for use in the urban development plan forming part of the accepted plan are available and would contribute significantly to the improvement of any urban area within the transportation study area in respect of which the application is made; and
    
    
  • (b) the Governor in Council is prepared to authorize the allocation of moneys from the moneys appropriated by Parliament for the purposes of making relocation grants under this Part for the transportation plan forming part of the accepted plan in respect of which the application is made.
• Marginal note: Regulating priorities
  (2) The Agency may, if it deems it necessary to do so, make rules for the handling of applications under subsection 3(1), and may by those rules prescribe the periods during which applications will be received by the Agency and may adopt an order of priorities governing the receipt by it of those applications.

• R.S., 1985, c. R-4, s. 4;
• R.S., 1985, c. 28 (3rd Supp.), s. 359.

Marginal note: Financial plan to accompany application
5 An application under section 3 shall contain a financial plan showing

• (a) how the costs and benefits of the transportation plan included in the accepted plan are to be shared by the province, the municipalities concerned, the railways affected by the accepted plan and any other interests that may be affected thereby;
  
  
• (b) how the costs of the transportation plan included in the accepted plan are to be met having regard to any amounts that may be applied thereto or recommended therefor under this Act;
  
  
• (c) the dates between which any payments or transactions required by the financial plan are to be made or carried out;
  
  
• (d) all financial assistance available to meet the costs of the transportation plan included in the accepted plan from all sources other than financial assistance from the Agency; and
  
  
• (e) such other information as the Agency deems necessary in respect of the transportation plan included in the accepted plan.

• R.S., 1985, c. R-4, s. 5;
• R.S., 1985, c. 28 (3rd Supp.), s. 359.

Marginal note: Submission to Agency of transportation plan

• 6 (1) The accepted plan, together with the financial plan, shall be filed with the Agency and the Agency may accept the transportation plan and the financial plan either as submitted or with such changes in either of them as the Agency considers necessary, if
  • (a) the financial plan will not, in the opinion of the Agency, either
    • (i) impose on any railway company affected thereby any costs and losses greater than the benefits and payments receivable by the railway company under the plan, or
      
      
    • (ii) confer on any railway company affected thereby any benefits and payments greater than the costs and losses incurred by the railway company under the plan;
  • (b) the financial plan sets out the amounts that, in the opinion of the applicant, the Agency would likely apply or recommend for payment under this Act in order to carry the transportation plan into effect;
    
    
  • (c) when changes, if any, in the transportation plan or financial plan have been considered necessary by the Agency, the parties who prepared the accepted plan have agreed to modify that plan to the extent necessary to accord with the changes considered necessary by the Agency in the transportation plan or financial plan; and
    
    
  • (d) the Agency is satisfied that the financial assistance set out in the financial plan will be committed to the purposes of the transportation plan when required.
• Marginal note: Hearing
  (2) Before making any order under section 7 or 8 in respect of any accepted plan, the Agency shall hold a hearing thereon.

• R.S., 1985, c. R-4, s. 6;
• R.S., 1985, c. 28 (3rd Supp.), s. 359.

• http://laws-lois.justice.gc.ca/eng/acts/R-4/page-1.html#h-3

It is to be noted, interestingly, that this is *apparently* the purview of the CTA, not the sitting Federal Government!

Here's the background on the story as best described that I can find in the press:
https://www.bramptonfocus.ca/all-day-two-way-go-update/

Del Duca and Metrolinx are/were repeating the same mantra year after year, and meticulously not mentioning the Feds save for having their hands out for allocations for other programs.

The Bypass, in whatever form, must be addressed directly by the Feds for what it is, and not through the Province save for the Province being a junior partner in this. It could be that the Province is hoping to use the CTA to force the matter. Something really doesn't add-up as what's appearing in public disclosure.

ML: http://www.metrolinx.com/images/greaterregion/projects/kitchener-go-expansion/MX RER Factsheet Kitchener V4.pdf

Edit to Add: And "Agreement in Principle" means nothing legally. It's about as binding as "I love you" is to a marriage certificate.

And the NDP's pledge to continue this charade? Also meaningless in a binding, legal sense. It's well past time for the Feds to step-up to the plate. This is as important to Ontario...to *Canada* as the twinned pipeline to Van from Alberta is.

 

[crs1026]

Until we know which party is in power after June 7th, we don't really know Ontario's position on this. All parties have made noises about supporting Kitchener 2WAD, but the devil is in the details, and in prioritization. COB is clearly fully supportive, but their advocacy isn't where forward progress will come from.

The best evidence we would have of forward progress will be the start of a bypass EA. That forum will bring a lot of issues into public view, I hope.

All that legalese says that the Minister may approve funding, not that the Minister has to approve funding. With all the Infrastructure funding programs, I'm sure the Feds would find something somewhere, but don't count the chickens until the new Premier says GO, and until CN signs on.

- Paul

 

[innsertnamehere]

Having CP on the by-pass is a larger undertaking than just moving CN off of the Kitchener Corridor. The new corridor being constructed now will only move CN, though it will presumably be future proofed to allow for CP to move as well.

The entire corridor will be in place, to move CP they will simply need to add more tracks. I wouldn't be surprised if that doesn't happen until CP builds a new main yard though, moving Agincourt.

 

[Allandale25]

Until we know which party is in power after June 7th, we don't really know Ontario's position on this. All parties have made noises about supporting Kitchener 2WAD, but the devil is in the details, and in prioritization. COB is clearly fully supportive, but their advocacy isn't where forward progress will come from.

The best evidence we would have of forward progress will be the start of a bypass EA. That forum will bring a lot of issues into public view, I hope.

All that legalese says that the Minister may approve funding, not that the Minister has to approve funding. With all the Infrastructure funding programs, I'm sure the Feds would find something somewhere, but don't count the chickens until the new Premier says GO, and until CN signs on.

- Paul

Helpful perspective and analysis Paul. Thanks for sharing.

 

[Allandale25]

The entire corridor will be in place, to move CP they will simply need to add more tracks. I wouldn't be surprised if that doesn't happen until CP builds a new main yard though, moving Agincourt.

Any further indication on when that'll happen or to where? I've heard rumours of it but nothing lately.

 

[steveintoronto]

All that legalese says that the Minister may approve funding, not that the Minister has to approve funding

That's to satisfy the "caveats" I referred to. Every application prior to do this has been accepted and funded, albeit changes may have been made.

The point most pertinent is that any CTA ruling can be appealed to Federal Court and/or the present sitting Federal Minister and/or Cabinet. This is happening with the Prince of Wales Bridge.

 

[TOareaFan]

Having CP on the by-pass is a larger undertaking than just moving CN off of the Kitchener Corridor. The new corridor being constructed now will only move CN, though it will presumably be future proofed to allow for CP to move as well.

There is something under construction now?

 

[steveintoronto]

There is something under construction now?

No, I think he meant to state "proposed".

The RRCA has been used in Winnipeg and other cities, Ottawa having a massive reorganization back in the Fifties, albeit the
National Capital Act - Justice Laws Website
was part of that, it defers to the Transportation and Relocations Acts in sections. But the most recent application under the Relocation Act close to Toronto was in Hamilton:

RRCA Gives Council Power to Order Move of West Harbour CN Yard
By Joey Coleman, Editor | May 11, 2015
[...]
Using the RRCA is not a sledgehammer to a fly situation. It does not preclude reaching a mutual agreement – it sets a clear timeline for the outcome the City is expecting.

The RRCA guarantees Hamilton City Council can fulfill its vision for the West Harbour.

(Credit to Dan Lett of the Winnipeg Free Press whose column introduced me to the RRCA. I strongly encourage you to read the column as it inspired this post.)
[...]
https://www.thepublicrecord.ca/2015...-power-to-order-move-of-west-harbour-cn-yard/

Unfortunately, there's a few legal details incorrect in the article as to funding (which in all fairness, is a separate application).

It's not like this Act and associated ones just sit on the books unused.