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 [email protected] 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