WSP Canada Inc. has been…

WSP Canada Inc. has been retained and is acting on behalf of Canadian National Railway Company (CN). We respectfully request that the Ministry take into consideration the comments provided in the attached memo, dated August 3, 2023, in reviewing and developing the new Provincial Planning Statement. A summary of our comments are as follows:

- Land use compatibility policies are severely weakened in the proposed Provincial Planning Statement. We recommend maintaining the current PPS policies 1.2.6.2. a-c to address not only the impact on industry, but the impact on sensitive land uses (i.e. home owners), as well as prioritizing growth in areas that are not impacted by adverse effects. Land use compatibility is a critical matter to ensure the long-term function of industry and a reasonable quality of life for residents and other users of sensitive land uses.

- The adverse effects on industry versus on residents is different, but this is not demonstrated in the proposed land use compatibility policies and should be considered as well. It is critical that the impact on residents and other sensitive land uses be considered when contemplating sensitive land uses adjacent or in proximity to rail facilities and operations.

- Clarity is needed on what constitutes as avoidance and/or prevention. While we recognize that the term “avoidance” is not defined in the current PPS or proposed Provincial Planning Statement; it is our opinion that the needs and alternatives test helps municipalities define avoidance and as such, is essential to include. In the absence of current PPS policy 1.2.6.2.a-b, avoidance cannot be defined. There is no clear distinction between “avoid/avoidance” and “prevent”, as both terms are used in the proposed Provincial Planning Statement, and whether avoidance equates to prevention, or vice versa.

- The Provincial Planning Statement should acknowledge that the industry is growing as well. It is important to take into consideration that we cannot predict how this growth will occur as it is customer specific and subject to market conditions. The rail industry is expected to continue experiencing growth. This growth cannot currently be predicted, including the expansion of operations for current rail yards and facilities. This is because the rail industry can not refuse cargo per statute and must be able to quickly respond to any new customers anywhere in the Province. The Proposed Provincial Planning Statement should speak to the importance of considering the rules and regulations under which these facilities operate as part of considering land use planning policies and community development.

The letter details our recommended policy language to address these and other concerns. Notably, we recommend that proposed policy 3.5.2 be revised to implement the current land use compatibility policies in the 2020 PPS, specifically the 4 tests under policy 1.2.6.2. If the Province has concerns regarding adding back the needs and alternatives test at a broader scale, we suggest a focused approach where the test applies, at the very least, to large and fast-growing municipalities.