I doubt Metrolinx will be allowed to use the Stadler KISS here.
Given a ten year transition... it is mere details.
As Metrolinx now owns all the rail for GO RER; Let's assume a track is theoretically isolated/segregated as much as possible from other rail vehicles except for Metrolinx operated EMUs; would this be enough to gain an exception? It is as if certain trackage is permanently removed from the Canadian rail network and reassigned permanently to grade separated surface subway use. Traditional rule cease to apply. Certain tracks could, in theory be recategorized/rezoned to allow subway type EMUs, and a few exceptions made where crossovers occur by necessity with other train types (e.g. crossover to UPX spur).
Didn't Ottawa get an exception for their O-Train more than ten years ago? These types of trains,
light rail are not allowed to operate on rail used by
freight trains which run at nighttime on this Canadian light rail rapid transit route. If Ottawa can apply for and successfully get exceptions like that, I do not see why Transport Canada can't give Metrolinx a list of requirements before they approve of an exception once sufficiemt resignalling, failsafes, segregation, and other requested requirements were properly met.
Freight trains are now essentially banished from the majority of fully Metrolinx owned trackage in Georgetown corridor south of Bramalea, and if necessary,Metrolinx can ban classic GO trains and freight trains from SmartTrack rail now. Metrolinx now owns the rail corridors and in theory, one pair of track in these rail corridors can be mostly segregated from the intercity/interregional rail network, with the sole exception of a few sections/crossovers, especially within in the USRC. For emergency/rare freight routing, not all tracks need to be allowed for that. Also, didn't you know that
part of a heavy rail corridor became the Scarborough RT corridor! And Waterloo's
ION LRT uses a rail corridor with pre-existing railroad metal formerly used by heavy rail. See, land for FRA-controlled heavy rail is reassignable to non-FRA-controlled non-heavy-rail use. Even in the USA, the Federal Railroad Administration (FRA) has granted waivers for limited exceptions that permitted non-FRA trains on FRA rail, but with us being in Canada and having spent far more money than most U.S. cities in expanding rail corridors, with enough track to be able to be segregated from FRA-administered corridor. The FRA trains can use different track instead.
Then over time, given a proven safety record, Transport Canada can approve interspersal of an appropriately selected UPX EMU trains with GO RER EMU trains, and provide more flexibility of dynamic rail asssignment as corridor sharing intensifies. Classic bilevels would have their own separate rail in the Georgetown corridor, there is already room for VIA/classicGO to run on a separate segregated set of two rails than UPX/RER light EMUs. Though, a solution would be needed for Unionville-to-Stoufville but one possibility is to force people to transfer between the RER train and the old bilevels at Unionville, so that the 12 car bilevels is permanently never run on rail used by Stadler EMUs (except deadheads at night). Some creative solutions are possible, by precedent.
Full ownership is achieved of Metrolinx GO RER track and corridorspace. All land for SmartTrack is now owned by Metrolinx, will have complete grade separation and protective fencing for the SmartTrack routing, so waivers may be feasible/possible with it being 99%+ segregatable and 99%+ unconnected to the rest of rail network. Literally kind of rezoned into unconnected non-heavy-rail land not connected to the rest of the rail network, severing connection to Transport Canada juridisction when it is no longer a heavy rail corridor land for that specific track,
almost becoming Metrolinx non-FRA "private property" that they could almost run a tiny kitschy tourist amusement train over if that is what Ontario wished. Two tracks at Union can be permanently reassigned to non-FRA vehicles with GO trains made completely unable to access these berths, in theory. It is only the "1%" (a few high security failsafe rail crossovers) that has the potential Transport Canada contention, waiver needed... Even TTC subway has connections to the rail network that VIA and freight goes over, for the purpose of a towing to faraway yards. An exception would obviously have been needed to permit that spur, when it was built, too.
With
full Metrolinx land ownership of SmartTrack land and near-complete physical separation, Metrolinx now has the flexibility to severe certain segments of their GO network completely from the North American railroad network, making certain tracks completely independent of FRA, with no surface crossings with any vehicle of any kind (eliminating need to worry about FRA surface crossing legislation) -- and permanently never shared with FRA vehicles (except waivered for transit, like nighttime deadheading for maintenance) -- thanks to the incredible Georgetown corridor work,
99% of the SmartTrack route is now apparently essentially permanently severable from the interregional heavy rail network, and thus disconnected from FRA requirement, in theory. The remaining 1% (crossovers to heavy rail track) is the problem, and will be the major point of contention to fight over, but this isn't precedentless. It will definitely be the biggest waiver ever in Canada, but there is plenty of precedent. We can lump the future purchase of UPX EMUs with SmartTrack EMUs (e.g. Stadler KISS) and just treat both of them as glorified municipal-league subway or light rail vehicles nearly completely severed from the classic rail network running on separate parallel rail (that the Georgetown corridor megaproject made possible).
Just permanently disconnect SmartTrack trackage from the rail network, and rezone the land as a subway. Use our own municipal or provincial rules for it. This is already now possible with 99% of the SmartTrack route, after all the current funded corridor megaprojects including the new Stoufville track.
For the 1% (crossovers), Transport Canada, as well as FRA, both DO have a waiver process. In this case, we do have many years to fight over it...
