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Halton Municipalities launch Court challenge to confirm their jurisdictional role in proposed Milton truck-rail project

Feb 20, 2018
Aerial photo of Milton near proposed CN facility
Halton Municipalities launch Court challenge to confirm their jurisdictional role in proposed Milton truck-rail project
“The Halton Municipalities are committed to protecting resident interests and vision for our communities,” “CN’s absolute rejection of provincial and municipal government jurisdiction leaves the Halton Municipalities no choice but to pursue legal action to confirm our legitimate role in assessing this project.”
— Gary Carr - Halton Regional Chair

Halton Municipalities launch Court challenge to confirm their jurisdictional role in proposed Milton truck-rail project

Feb 20, 2018

The Region of Halton, the Town of Milton, the City of Burlington, the Town of Halton Hills and the Town of Oakville, and Conservation Halton today announced they are commencing a joint Court application to confirm their jurisdiction to review the impacts of a major truck-rail project proposed by Canadian National Railway (CN) in the Town of Milton.   

The application follows CN’s assertion that the project is a matter of exclusive federal jurisdiction, and that neither the province nor the municipalities have any regulatory role with respect to it.

Halton Regional Chair Gary Carr, Mayor Gordon Krantz of Milton, Mayor Rick Goldring of Burlington, Mayor Rick Bonnette of Halton Hills, Mayor Rob Burton of Oakville and Chair Gerry Smallegange of Conservation Halton were present for the announcement. 

“The Halton Municipalities are committed to protecting resident interests and vision for our communities,” said Gary Carr, Chair of Halton Region. “CN’s absolute rejection of provincial and municipal government jurisdiction leaves the Halton Municipalities no choice but to pursue legal action to confirm our legitimate role in assessing this project.”

The application will seek a declaration confirming the legitimate role and jurisdiction of the Province and the Halton Municipalities with respect to CN’s proposed project.

Since 2014, the Halton Municipalities have cooperated in assessing the 400-acre project for potential effects relating to areas of provincial and municipal responsibility through the Federal Environmental Assessment process. 

While the review is not yet complete, Halton’s municipalities are concerned that the project, located in close proximity to existing and planned residential communities, could have major implications for the community of Halton. Over 1,600 truck trips are planned for the site every day, resulting in local concerns for Halton residents including traffic congestion, safety, noise, dust, lighting and environmental issues.

“It is inconceivable that a project could put 1,600 truck trips on area Regional roads, but somehow be immune from review by the governments that run those roads, just because the project also involves rail aspects,” said Mayor Gordon Krantz. “If CN succeeds in their position, it is something that every Mayor in Ontario and Canada should be concerned about.”

For more information, please visit halton.ca/cn.

The Regional Municipality of Halton serves more than 550,000 residents in the City of Burlington, the Town of Halton Hills, the Town of Milton, and the Town of Oakville. Halton Region is committed to meeting the needs of its residents through the delivery of cost-effective, quality programs and services, including water and wastewater; Regional roads and planning; paramedic services; waste management; public health; social assistance; children’s and seniors’ services; housing services; heritage programs; emergency management and economic development. For more information, call 311 or visit Halton Region’s website at halton.ca.

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