Federal Authority Advice Record Response due no later than: April 28, 2015

Milton Logistics Hub Project - Canadian National Railway Company File No.: 005448

Department/Agency: I Transport Canada

EA Contact David Zeit Telephone: 416-952-0491

Name:

Address: 4900 Yonge Street, 4m Floor

Fax: 416-952-0514 Toronto, ON M2N 6A5

Email: david .zeit@tc.gc.ca

1. Based on your review of the project description, are the potential environmental effects that have been identified in that document appropriately characterized, including whether these effects may be adverse?

[83 Yes D No

If yes. please attach additional information that your department I agency considers relevant, including specific references to adverse environmental effects on areas of federal jurisdiction as described under section 5 ofCEAA 2012.

The potential environmental effects outlined in the Project Description appear to be appropriate for this type of proposal. However, the determination of whether these have been fully characterized or would result in adverse effects would have to come through an environmental assessment.

2. Do you expect any additional potential adverse environmental effects of the Project that are not listed in the project description that would be of importance to your department or agency?

D Yes [83 No

If yes. please attach additional information that your department I agency considers relevant, including specific references to adverse environmental effects on areas of federal jurisdiction as described under section 5 of CEAA 2012.

3. (a) Would your department or agency be required to exercise a power or perform a duty or function related to the Project to enable it to proceed?

[83 Unknown

If yes, please specify the Act of Parliament and identify the potential environmental effects associated with that power, duty or function as described under subsection 5(2) of CEAA 2012.

In response to this question, Transport Canada has considered the potential for the department to exercise regulatory powers in relation to two aspects of our mandate: rail safety and navigation protection. Each of these are outlined below.

Rail Safety: Transport Canada would exercise a power under its rail safety mandate if, pursuant to the Notice of proposed railway work, there is an outstanding objection and the proponent applies to the Minister of Transport for approval, as per requirements of section 10 of the Railway Safety Act. Our regulatory role is therefore conditional upon circumstances which cannot be known at this time.

Navigation Protection: The Project Description indicates there will be alterations to Indian Creek and Tributary A, as well as the removal of a dam/berm. Upon initial review, it appears there is a low likelihood that these proposed works would require authorization under the Navigation Protection Act (NPA). However, in order to provide certainty on this point, Transport Canada requires additional information, as described below.

With regard to the alterations of the creek and tributary, these could trigger regulatory duties under s.24 of the NPA, if the watercourses are navigable or if the alterations substantially affect the flow into a

downstream navigable water. If the proponent is aware of any small craft use of Indian Creek or Tributary A (even if only seasonal, during higher water periods) in the vicinity of the proposed project, this information would aid in our further review.

In respect of the dam/berm removal, if this structure was built by, transferred from, or is currently owned by the Crown, an authorization for the proposed works may be required under the NPA. Again , this would be dependent upon the navigability of the water body in question. Transport Canada received supplemental information on April27, 2015 indicating that the dam/berm is on property owned by CN. However, we cannot necessarily infer from this information that the structure was originally built by and is owned by CN. We therefore request confirmation of these details.

(b) Has your department or agency already exercised the above-noted power or performed a duty or function to allow the proposed Project to proceed in whole or in part?

DYes 1:8] No

If yes, please indicate the power(s), duty(ies) or function(s).

4. Is your department or agency in possession of specialist or expert information or knowledge that would be relevant to the conduct of an environmental assessment of the Project?

DYes 1:8] No

If yes, please specify the specialist or expert information or knowledge that would be relevant to the conduct of an environmental assessment of the Project, and that you would provide to the Agency upon request within a specified period, as per section 20 of CEAA 2012.

5. (a) Did your department or agency determine under the former Act that an EA of the Project was likely not required?

D Yes 1:8] No

(b) Has your department or agency taken an EA course of action decision under paragraph 20(1 )(a) or (b) or subsection 37( 1) of the former Act in relation to the Project?

DYes

David Zeit

Print name of departmental / agency responder

Senior Environmental Officer April27, 2015

Title of responder Date

Please respond to the above questions no later than April 28. 2015 via email at CEAA.LogisticsHub­Poleloqistique.ACEE@ceaa-acee.qc.ca or fax at 416-952-1573. Thank you.

1:8] No

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