Moose Consortium Inc. Legal Action to Protect Essential Railways in Canada’s Capital / Action juridique par le Consortium Moose Inc. pour protéger des chemins de fer essentiels dans la capitale du Canada

Bayview Track Case

August 6, 2021

From: Tom Oommen
Date: Fri, Aug 6, 2021 at 11:14 AM
Subject: RE: Request for Documentation RE: Decision No. 210-R-2012
To: Joseph Potvin

Dear Joseph Potvin,

As you note in your message, I have previously confirmed that the City of Ottawa continues to show its intention to retain the “Ottawa River Line” in its Three-Year Plan.

To date, the City has not provided any information to the contrary, and the Agency does not have documents such as those you request below.

Yours truly,

Tom Oommen
(Pronoms: il/lui | Pronouns: he/him)
Dirigeant principal, Conformité
Office des transports du Canada

July 26, 2021

From: Joseph Potvin
Date: Mon, Jul 26, 2021 at 11:29 PM
Subject: Request for Documentation RE: Decision No. 210-R-2012
To: CTA
 
 
Attn: Chief Compliance Officer, Canadian Transportation Agency
Read the entire message
This message concerns the section of federally-regulated railway that was the subject of Agency Decision No. 210-R-2012 (available online at https://otc-cta.gc.ca/eng/ruling/210-r-2012 ). This section of railway is currently known as the “Ottawa River Line”, although it was originally named the “Chaudière Extension”. Part of it was also known as the northern segment of the “Ellwood Subdivision” and the southwestern end of the “Lachute Subdivision”. This section of railway includes the inter-provincial “Chief William Commanda Bridge”, which until very recently was named the “Prince of Wales Bridge”. The “Ottawa River Line” is listed as “Retain” in Capital Railway’s Three-Year Plan 2019-2021, a copy of which is attached, having been downloaded today from the following URL:
 
Background
  • Whereas the Agency’s Chief Compliance Officer assured Moose Consortium in a message on 28 January, 2020 (forwarded below) that “the City continues to show its intention to retain the “Ottawa River Line” on its Three-Year Plan 2019-2021 and confirms its commitment to comply with its obligations under the Canada Transportation Act (CTA)”; and,
  • Whereas the City of Ottawa announced today, 26 July 2021, jointly with the City of Gatineau and the Government of Canada, a project that “involves the construction of a new timber deck on top of the existing rail track ties, creating a pathway on the south structure of the bridge, which spans from the Ottawa shore to Lemieux Island, as well as on the north structure, which spans from Lemieux Island to the Gatineau shore” and includes a “steel cable railing system and lighting”; (The announcement is attached here, which was downloaded today from this URL: https://www.canada.ca/en/office-infrastructure/news/2021/07/government-of-canada-invests-in-active-transportation-link-between-ottawa-and-gatineau.html)
  • Whereas in today’s announcement document from Department of Infrastructure Canada, this inter-provincial railway is referred to as “an abandoned rail bridge” by the federal Parliamentary Secretary to the Prime Minister, to the President of the Treasury Board and to the Minister of Digital Government, and Member of Parliament for Hull—Aylmer; and,
  •  Whereas in today’s announcement document from Department of Infrastructure Canada, this inter-provincial railway is referred to as a “decommissioned bridge” by the Mayor of the City of Ottawa; and,
  • Whereas pathways for cyclist and pedestrian usage can be readily added as cantilevered structures to the sides of such bridges in a manner that does not interfere with federal railway operations, and also, such structures can be readily enclosed by hardened barriers that would inhibit recreational jumping from the bridges; 
Request for Documentation
 
We therefore make the following requests to the Canadian Transportation Agency, further to Decision No. 210-R-2012:
  1. Please provide us a copy of the Agency Determination or Decision which, under Division V of the Canada Transportation Act, this federal railway infrastructure may correctly be described today by Infrastructure Canada, and by a federal Member of Parliament, and by the City of Ottawa as “abandoned” and “decommissioned”.
  2. If this section of railway has not been discontinued pursuant to Division V of the Act, then please provide us a copy of the Agency Determination or Decision, which authorizes the City of Ottawa, operating as Capital Railway, to construct a new timber deck on top of the existing rail track ties. Please also clarify if the current plan as presently submitted by Capital Railway to the Agency involves removing, or leaving in place, the steel rails.
  3. If this section of railway has not been discontinued pursuant to Division V of the Act, then please provide us a copy of the documentation submitted by Capital Railway which describes specific arrangements, actions, and estimated reconfiguration time that would be  required for any federally regulated railway company to operate a train between Ottawa and Gatineau across this bridge, presumably by removing and restoring the temporary timber deck that the City of Ottawa has said that it would place on top of the railway ties.
  4. Please provide a copy of the railway safety management plan supplied by Capital Railway which describes how the planned steel cable railing system will be designed so that recreational use of this bridge, which is located immediately upstream from the Hydro Ottawa’s generating station turbines, would not be likely to lead to additional deaths. As you are aware, two deaths have occurred following Moose Consortium Inc.’s  formal advisory of this precise risk submitted on 7 July 2015 to the City of Ottawa, the Rail Safety Division of Transport Canada, and the Agency.  Our original submission entitled “Initial Basic Risk Assessment of Prince of Wales Bridge_7jul2015PDF.pdf” is attached.
 
Context: Reiterating Moose Consortium Inc’s Commercial Interest in this Infrastructure for Continued Railway Operations
 
If the City of Ottawa were to apply to discontinue this section of railway pursuant to Division V of the Act, Moose Consortium Inc would proceed with arrangements to finance its acquisition for continued railway operations. For the past decade Moose Consortium Inc has made known officially to the Agency and to Capital Railway our interest in developing an inter-provincial passenger railway service that requires this section of railway. We have provided documentation of our innovative self-financing model to the Agency and to the owner, and this financing model has been presented at conferences in Europe and the US. We have also shared preliminary engineering plans for the complete rehabilitation of this section of railway that includes a cycling trail cantilevered off the western side, and a pedestrian trail cantilevered off the eastern side, and a cross-over walkway on Lemieux Island. Such a design is uncomplicated, and would allow for safe public crossing that does not impede the operation of full-sized trains.
 
If the City of Ottawa intends to retain this section of railway for continued railway operation, it can similarly design and implement a cantilevered structure that would enable safe public crossing without impeding railway operations.
 
All documents relating to the history of Decision No. 210-R-2012 and its subsequent enforcement are available online at:
 
Please let us know without delay if a substantive reply to this message, including the documentation that we are requesting, is expected to take longer than the 60 days that the Agency usually commits to.

October 1, 2019

From: Joseph Potvin
Date: Tue, Oct 1, 2019 at 3:27 PM
Subject: Request for Enforcement Determination and Order in Agency Decision No. 210-R-2012
To: CTA
 
Moose Consortium Inc. sends here a letter in PDF format to request an enforcement determination and order relating to Decision No. 210-R-2012.

May 5, 2019

Letter from a Citizen to Transport Minister Garneau.

April 9, 2019

Cabinet Overturns its Own Railway Regulator, to Support Dismantlement/Obstruction of Railway Btw Ottawa & Gatineau.

February 18, 2018

From: Joseph Potvin
Date: Wed, Mar 6, 2019 at 11:40 AM
Subject: Re: Status and Next Steps in Moose Section 40 Petition to vary OTC-CTA Decision 2018-R-23
To: Hulan, Indrani

Dear Ms. Hulan and others,
 
The companies participating in Moose Consortium Inc. appreciate your invitation to provide new information that we believe should be taken into consideration as you proceed to make your recommendation to the Minister in response to our Section 40 Petition to vary OTC-CTA Decision 2018-R-23.
 
Our letter is attached which summarizes several updates relating to the overall context of our project, which is the motivation for our Section 40 Petition. The several information sources referred to in the letter are also attached here.
 
Ms. Hulan, we would appreciate if you would please confirm your receipt of the letter plus the 10 additional files. As a courtesy we are c.c.ing the same stakeholders as have been included in our prior submissions.
 
Regards,

January 15, 2018

From: Joseph Potvin
Date: Tue, Jan 15, 2019 at 11:01 AM
Subject: Re: Section 40 petition to vary Canadian Transportation Agency Decision 2018-R-23
To: Hulan, Indrani

Dear Ms. Hulan,
Please find attached the following:

  1. An overview letter summarizing Moose Consortium Inc.’s additional information and comments in support of our Section 40 Petition;
  2. A fact sheet and supplementary comments by five directors of Moose Consortium Inc.
  3. A suggested case decision sequence flow chart, along with two evidentiary source documents.
  4. Two strategic overview documents produced by Moose Consortium

This wraps up submissions by Moose Consortium Inc. in the Section 40 Petition in which we ask that the Governor in Council remove ambiguity from the order in Agency Determination No. R-2018-23.

January 9, 2018

Submission Dated 9 January 2019 from the National Capital Commission Towards Moose Consortium Inc.’s Section 40 Petition requesting that the Governor in Council vary the Order to the City of Ottawa, in Agency Determination No. R-2018-23.

The NCC appreciates the opportunity to comment. As you may be aware, the NCC has a unique federal mandate for planning, building and conserving Canada’s Capital in accordance with the National Capital Act. The NCC’s powers and mandate, among other matters, include preparation and implementation of plans to assist in the development of the Capital Region, as the seat of Government. We work in collaboration with our partners in many joint planning studies to ensure a coordinated approach in land use planning and interprovincial transportation planning. Among these planning studies, An Interprovincial Transit Strategy was completed in 2013 for the NCC, the cities of Ottawa and Gatineau, and the Société de transport de l’Outaouais (STO).

This study placed importance on sustainable mobility and integrated interprovincial transit where options are seamless, user focused and value added. The Strategy recommended interim and longer term rail transit opportunities for the Prince of Wales Bridge – extension of O-Train services across river to enhance network connectivity and/or minimize transfers for interprovincial passengers traveling between Gatineau and west or south Ottawa, and in the longer term the replacement of o-Train services by north-south LRT service. The Strategy identifies sufficient capacity on the Bridge for the O-Train extension, with some refurbishment to satisfy current standards and codes.

In addition, the Strategy identified the potential for incorporating a cantilevered structure from the Bridge to accommodate interprovincial pedestrian and cycling access. Longer term future upgrading of the Bridge would be required for a second track to accommodate more frequent north-south LRT service.

The NCC continues to support seamless and sustainable integration of interprovincial transit in Canada’s Capital Region and recommends that future options in for the Bridge in this regard not be compromised or excluded.

December 20, 2018

Comments by Wojciech Remisz, M.Sc., P.Eng., FCSCE, President of REMISZ Consulting Engineers on the City of Ottawa (the City) Submission (15 November 2018) in Response to Moose Consortium Inc.’s Petition Under Section 40 of the Canada Transportation Act Requesting that the Governor in Council Vary Determination No. R-2018-23 of the Canadian Transportation Agency (CTA)

Download documents:

December 18, 2018

Moose Consortium Inc.’s response to the City of Ottawa’s submission dated 15 November 2018 relating to our Section 40 Petition, filed on 18 September 2018, in which we ask the Governor in Council to exercise its authority to modify the order in Canada Transportation Agency Determination No. R-2018-23.

December 15, 2018

City of Ottawa Submission (2018-11-15) RE: MOOSE CTA Section 40 Petition to Vary Agency Determination No. R-2018-23 (Scanned document)

Download packages:

 

November 18, 2018

City of Ottawa v. Canadian Transportation Agency. Court File No. A-198-18. Memorandum of Fact and Law of the Appellant, submitted by City of Ottawa, 3 October 2018 (26 pgs). Appended is the cover page and table of contents of the Appeal Book (452 pgs). These documents can be viewed by appointment at Federal Court Administration Services, 90 Sparks Street, Ottawa. Tel: (613) 996-6795.

City of Ottawa v. Canadian Transportation Agency. Court File No. A-198-18. Memorandum of Fact and Law of the Appellant, submitted by the Canadian Transportation Agency, 2 November 2018 (26 pgs).

September 18, 2018

MOOSE CTA Section 40 Petition to Vary Agency Determination No. R-2018-23

April to August 2018

Useful Documents on Bayview-PoWB Case.

July 30, 2018

Ms. Indrani Hulan – Director, Rail Policy Analysis and Legislative Initiatives: Request to Prevent the City of Ottawa from Taking Specific Actions that Preempt Resolution of FCA Case 198-A-18 (in Progress) and its Related Section 40 Petition (in Abeyance)

July 11, 2018

Ms. Indrani Hulan – Director, Rail Policy Analysis and Legislative Initiatives: Request that Cabinet Uphold Decision No. 210-R-2012 (6 June 2012) and Determination No. R-2018-23 (16 February 2018) of the Canadian Transportation Agency.

May 11, 2018

Hon. Marc Garneau, P.C., M.P. – Minister of Transport: Request that Cabinet Uphold Decision No. 210-R-2012 (6 June 2012) and Determination No. R-2018-23 (16 February 2018) of the Canadian Transportation Agency.

April 18, 2018

City of Ottawa Seeks Leave to Appeal Agency Decision with Federal Court of Appeals

Go to: http://cas-cdc-www02.cas-satj.gc.ca/fca-caf/DocketQueries/dq_queries_e.php and enter the case number 18-A-14.

You can also download the PDF file.

April 13, 2018

City of Ottawa – Response to Moose Consortium Inc

March 06, 2018

Ottawa Mayor Watson Asked Federal Minister of Transport to Over-Rule Railway Regulator.

Le maire d’Ottawa, M. Watson, a demandé au ministre fédéral des Transports de déroger à l’autorité de réglementation des chemins de fer.

March 29, 2018

Moose Consortium Letter to Mayor Watson
Re: Meeting Request with Representatives of MOOSE Consortium (Mobility Ottawa Outaouais: Systems & Enterprises)

DETERMINATION NO. R-2018-23 (February 16, 2018)

DETERMINATION by the Canadian Transportation Agency (Agency) as to whether the City of Ottawa (City) has contravened Part III, Division V of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) by effectively discontinuing the operation of a portion of its Ottawa River Line (ORL) without complying with the mandatory discontinuance process. Case No. 17-01156
“The Agency orders the City to either:
1. Take the steps necessary to restore the ORL, including the POW Bridge, to a point where it could be made operable within 12 months of an Agency order under Division IV of the CTA; or,
2. Initiate and complete the discontinuance process established in Division V of the CTA.”

DÉTERMINATION N° R-2018-23 ( le 16 février 2018 )

DÉTERMINATION par l’Office des transports du Canada (Office) sur la question de savoir si la Ville d’Ottawa (Ville) a contrevenu à la partie III, section V de la Loi sur les transports au Canada, L.C. (1996), ch. 10, modifiée (LTC), en cessant effectivement l’exploitation d’un tronçon de sa ligne de la rivière des Outaouais (LRO) sans se conformer au processus obligatoire de cessation d’exploitation. Cas n° 17-01156
« L’Office ordonne à la Ville de prendre l’une ou l’autre des mesures suivantes :
1. prendre les mesures nécessaires pour remettre la LRO en état, y compris le pont Prince-de-Galles, de manière à ce qu’elle puisse être remise en service dans les 12 mois suivant un arrêté de l’Office pris en vertu de la section IV de la LTC;
2. mener à bien le processus de cessation d’exploitation prévu à la section V de la LTC. » 

From: secretariat <Secretariat.Secretariat@otc-cta.gc.ca>
Date: Wed, Jun 7, 2017 at 4:31 PM
Subject: Decision No. LET-R-27-2017 dated June 7, 2017 – Case No. 17-01156
To: Joseph Potvin

Please find attached a PDF version of the above Decision.

Kind regards,

Office des transports du Canada / Gouvernement du Canada
Canadian Transportation Agency / Government of Canada

Letter (26 July 2016) from Mayor of Smiths Falls to Canadian Transportation Agency RE: Removal of Railway Tracks by the City of Ottawa

City of Ottawa “Show Cause” Response to Canadian Transportation Agency, 28 June 2017

City of Ottawa Media Release Accompanying its “Show Cause” Response to Canadian Transportation Agency, 28 June 2017: bulldogottawa.com/city-defends-itself-in-pow-bridge-complaint

Joseph Potvin <joseph.potvin@letsgomoose.com>
To: Secretariat <secretariat@otc-cta.gc.ca>
Wednesday, Aug 24, 2016, 15:33

To the Secretary, Canadian Transportation Agency:

The three files attached here are further to the 15 August submission by Moose Consortium Inc relating to Agency Case #16-03784.

Moose has drafted, and is proposing an operational solution that leaves the City of Ottawa’s current Bayview Station design exactly as it is, and introduces no significant interference with the current construction timeline of the OLRT Project. Moose is therefore extending the current stage of its escalation sequence by ten business days, until 14 September 2016 rather than 30 August 2016.

We would be grateful if both the Agency and the City of Ottawa would please acknowledge receipt of this email and its attachments.

Joseph Potvin <joseph.potvin@letsgomoose.com>
To: Secretariat <secretariat@otc-cta.gc.ca>
Monday, Aug 15, 2016, 18:25

To the Secretary, Canadian Transportation Agency:

Moose Consortium Inc. (“Moose”) acknowledges receipt of the Canadian Transportation Agency’s letter dated 12 August 2016.

As summarized in our earlier letter to the Agency on 25 July, Moose now escalates this case #16-03784 with the attached letter to notify the Agency of an error in its response, and to proceed with its request a site inspection, a determination and an order.

Due to the size of some attached files, two emails in total are being sent, providing six attachments altogether.

There are 10 other attachments cited in this submission, however Moose previously provided those documents on 25 July as part of the same case, therefore they are not being re-sent.

We would be grateful if both the Agency and the City of Ottawa would please acknowledge receipt of these two emails with all six new file attachments.

Joseph Potvin <joseph.potvin@letsgomoose.com>
To: Secretariat <secretariat@otc-cta.gc.ca>
Monday, Aug 15, 2016, 18:25

To the Secretary, Canadian Transportation Agency:

The five files attached here are part of the 15 August submission by Moose Consortium Inc relating to Agency Case #16-03784.

We would be grateful if both the Agency and the City of Ottawa would please acknowledge receipt of these two emails with all six new file attachments.

Joseph Potvin <joseph.potvin@letsgomoose.com>
To: Secretariat <secretariat@otc-cta.gc.ca>
Monday, Jul 25, 2016, 19:52

To the Secretary, Canadian Transportation Agency:

Moose submits the attached letter requesting documentary evidence that the City of Ottawa was authorized by the Canadian Transportation Agency to dismantle and to permanently obstruct a section of federally-regulated railway located between approximately 500 and 250 meters from the southern end of the interprovincial Prince of Wales Bridge.

Further to the Agency’s email of 9 April 2015 to Moose (below), this present submission replaces our organization’s application (including any attachments) that we submitted on 3 February 2015 related to Decision No. 210-R-2012. On 13 March 2015, the Agency wrote to Moose to say: “I will leave MOOSE’s current application in “abeyance” for a month, until April 9, 2015, after which time I will close the case.  Please note that this will not affect MOOSE’s ability to refile in the future.” That message is in the thread below, for reference.

Due to the size of some attached file, four additional emails will be sent (5 emails in total comprise this submission). There are 10 attachments altogether. We would be grateful if you would please acknowledge receipt of the letter, and of the separate file attachments.

Joseph Potvin <joseph.potvin@letsgomoose.com>
To: Secretariat <secretariat@otc-cta.gc.ca>
Thursday, Oct 25, 2012, 23:55

To the Secretary, Canadian Transportation Agency:

Ms. Warnica et.al., In reply to your email of 3 October 2012, please see the attached formal submission from Moose Inc. relating to compliance with and enforcement of Decision 210-R-2012.

Chelsea Track Case

Moose Director General, Joseph Potvin, comments on Chelsea track issue in interview with Lake88 “In Focus” Radio Producer, Bob Perreault (Between times 07:35 – 11:09)

From: Joseph Potvin <joseph.potvin@letsgomoose.com>
Date: Mon, Jul 31, 2017 at 11:44 AM
Subject: Complaint RE: Maniwaki Subdivision, Mileage 0.0-20.3
To: secretariat <Secretariat.Secretariat@otc-cta.gc.ca>
Cc: Charles Ricard, Marc Phaneuf, “Ouellet, Simon”, Annie Racine, Stéphane Mougeot, Denis Simard, Daniel Champagne, Joshua Strub

[Une version française suivra dans les meilleurs délais.]To the Secretary, Canadian Transportation Agency:

Moose submits the attached letter of complaint, and attachments, relating to the Maniwaki Subdivision, Mileage 0.0-20.3 (Gatineau, Chelsea, La Pêche QC), with email copies to relevant Parties.

We would be grateful if the recipients would acknowledge receipt of this message and its attachments.

Joseph Potvin
Director General | Directeur général

Moose Files Affidavit in Quebec Superior Court RE: Injunction against the dismantling of Chelsea track. (Click icon at right.)

(Background about the principle of “amicus curae”: http://www.ingenia.org.uk/Ingenia/Articles/198 )

From: Joseph Potvin <joseph.potvin@letsgomoose.com>
Date: 2017-06-14 9:54 GMT-04:00
Subject: Fwd: Plainte au Bureau de la concurrence: Abus de position dominante / Complaint to Competion Bureau: Abuse of Dominant Position
To: catherine.hariton@canada.ca

Ms. Hariton,

In addition to filing this complaint letter via the website of the Competition Bureau, we also submit it to you via email to document that the various stakeholders listed as c.c. recipients have now also received it.

Joseph Potvin
Director General | Directeur général

 

———- Forwarded message ———-
From: Joseph Potvin <joseph.potvin@letsgomoose.com>
Date: 2017-06-14 9:44 GMT-04:00
Subject: Plainte au Bureau de la concurrence: Abus de position dominante / Complaint to Competion Bureau: Abuse of Dominant Position

To: Stéphane Mougeot, MRC des Collines-de-l’Outaouais & Charles Ricard, Municipalité de Chelsea
 
Je vous prie de trouver en annexe la plainte envoyée ce matin au Bureau de la concurrence, Gouvernement du Canada, contre la MRC des Collines-de-l’Outaouais (Québec) et la Municipalité de Chelsea (Québec).
 
Veuillez confirmer la reception de ce courriel.
 
Cordialement,
 

Joseph Potvin

Director General | Directeur général
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