Question Period Note: Status of the Environmental Assessment of the Milton Logistics Hub Project

Status of the Environmental Assessment of the Milton Logistics Hub Project

• We understand that infrastructure projects play a vital role in our economy in creating jobs and economic growth.

MILTON LOGISTICS HUB PROJECT
o On December 6, 2016, my predecessor appointed a Review Panel to review the Project’s potential environmental effects.
o The review will ensure the perspectives of the public, Indigenous groups and affected communities are considered.
o I am aware that the Halton municipalities filed an application in the Ontario courts regarding regulatory jurisdiction. As this matter is before the courts, I cannot comment further.
• We are conducting environmental assessments using fair, predictable processes that are grounded in science and traditional knowledge, and will make a final decision once we receive the Panel’s report and recommendations.

• The Canadian National Rail Company proposes to construct and operate a railway yard with more than 20 kilometres of track located in Milton, Ontario, approximately 50 kilometres west of Toronto. The railway yard would be a hub for transferring intermodal containers between trucks and railcars, and would result in approximately 800 trucks per day (Monday to Friday) entering and exiting the Project site.
• The Project is subject to an environmental assessment under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and approvals under section 98 of the Canada Transportation Act.
• In July 2015, the environmental assessment was referred to an independent Review Panel and a three-member Review Panel for the Project was announced in December 2016. One member of the Review Panel is also a member of the Canadian Transportation Agency (CTA) and the Review Panel will gather information to assist the CTA in making its decisions under the Canada Transportation Act.
• The Review Panel reviewed the proponent’s Environmental Impact Statement (EIS) against the requirements of the EIS Guidelines. On April 16, 2019, after three public comment periods and two rounds of requesting additional information from the proponent, the Review Panel issued a Notice of the Public Hearing. The public hearing took place from June 19 to July 19, 2019 and allowed an opportunity for all interested parties to participate. The Review Panel is now preparing its report and will submit it to the Minister no later than the legislated timeline of January 29, 2020.
• In February 2018, the Region of Halton, the City of Burlington, the towns of Oakville, Halton Hills and Milton, and Conservation Halton filed an application for judicial review asking the Ontario courts to determine the jurisdiction of each level of government with respect to the possible effects of the Project. The proponent asserts that the Project is a matter of exclusive federal jurisdiction and that neither the province nor the municipalities have any regulatory role. The proponent filed a motion to dismiss Halton’s application, which was heard on September 12, 2018. On October 29, 2018, the court granted the Proponent’s request to stay the proceedings until after the Review Panel completes its work.
• There are four Indigenous groups that may be potentially affected by the Project: the Mississaugas of the New Credit First Nation, the Six Nations of the Grand River, the Métis Nation of Ontario and the Huronne-Wendat First Nation. The majority of concerns expressed by Indigenous groups relate to potential impacts to cultural and archeological artifacts that may be found on the site and cumulative impacts on Aboriginal or Treaty rights associated with the Project.

• Under CEAA 2012, timelines have been established for this Project as follows:
• The timeline for the Panel to be established was 150 days (five months) from the referral of the Project to a Review Panel (completed).
• The timeline for the Panel to submit its report is 430 days (14 months) from the establishment of the Review Panel (underway).
• The timeline for you to issue the Decision Statement is 150 days (five months) from submission of the Review Panel’s report.

Question Period notes as provided by the Department to the Minister’s Office