PART 5 – DIVISION 1
KEY MESSAGES
High-Speed Rail Network Act
General
- Building the first High-Speed Rail network in Canada is a generational initiative that will turbocharge our economy, create tens of thousands of good paying jobs, and deliver Canadians with the transportation system deserving of a major economy.
- This High-Speed Rail initiative will boost GDP by $35 billion annually, create over 51,000 jobs, and unlock enhanced productivity for generations of Canadians.
- This project will connect economic hubs at rapid speeds, boost tourism, cut travel times in half, and spur affordable housing development across the Toronto-Quebec City Corridor.
- Without the swift passage of this legislation, High-Speed Rail may not ever be built in Canada and our country will miss out on the enormous economic benefits associated with this project.
If more information is needed:
- This Act will cut red-tape, provide greater clarity and certainty around regulatory processes required, while also eliminating duplication with other regulatory processes. It will also help prevent delays, provide predictable project timelines, increase project efficiency, support consultation with Indigenous groups and community engagement. Finally, it will protect the environment, and enshrine the Official Languages Act into the operations of Canada’s High-Speed Rail Network.
- To acquire social acceptability, Alto will continue to conduct public consultations with more than 100 communities along the Corridor.
Jurisdiction
- The railways constructed for the High-Speed Rail network will be declared to be works for the general advantage of Canada under the Constitution Act, 1867. This declaration will provide clarity and certainty that High-Speed Rail falls under federal jurisdiction.
- As the project is being constructed in segments, it will be important that it is clear in law that Parliament can legislate with respect to it, with federal oversight of the railway, including segments located wholly within a single province.
- While the initiative is under federal jurisdiction, provincial laws of general application may still apply to the initiative. The declaration does not override the need for intergovernmental cooperation; it simply signals federal leadership for a national priority initiative while respecting provincial authorities.
- This declaration is a proactive and well-established legislative approach that has been made for other major railways and infrastructure projects that are similar with this initiative’s scale, complexity and importance to Canadians.
- Similar declarations have been made for other major railways and infrastructure projects in the past, such as the CN Commercialization Act.
- This declaration provides clarity for the High-Speed Rail, without it, the initiative could face unnecessary challenges and delays. In the worst-case scenario, it may not ever be built in Canada, and our country will miss out on the enormous economic benefits associated with this project.
Land Expropriation
Adjustments to the expropriation process for the high-speed rail (HSR) Initiative
- Given the size and complexity of building Canada’s first High-Speed Rail network, this Act is intended to make administrative requirements more manageable the initiative, in light of the scale and complexity of the possible acquisition of lands needed.
- The adjustments to expropriation regime specific to this initiative aim to facilitate the acquisition of lands required for the High-Speed Rail initiative by adapting the expropriation procedure to a large-scale project, reduce regulatory duplication, enable efficient and timely communication to relevant landowners, and ensure the existing compensation for expropriations remains in place for this project.
- We have seen the challenges associated with the current expropriation regime in Lac Megantic. There, despite significant support from the community, local leaders, and the province, 12 years after the devastating Lac Megantic disaster the much-needed rail bypass is not yet complete.
Allow land acquisition, including through expropriation, and notices of prohibition on work to proceed prior to a decision under the Impact Assessment Act (IAA)
- Environmental protection and reconciliation with Indigenous Peoples remain key priorities and are integral to building a successful High-Speed Rail network in Canada.
- This clarifies that decisions to acquire land, including through expropriation, and to issue notices of prohibition on work, can be made at an earlier stage, without being contingent on an impact assessment decision for HSR. However, construction on HSR would not begin on these lands without required regulatory decisions.
- This will help reduce costs, increase the efficiency of the project’s construction, and ensure this project is aligned with best practices internationally, in the private sector, and with Governments across Canada.
- Construction on HSR would not begin on any land acquired until required regulatory decisions.
- In fact, similar measures are well established for major infrastructure projects in both Ontario and Quebec through the Building Transit Faster Act, 2020 and the Act Respecting Expropriation.
If more information is needed:
- This provision does not change the scope of what any impact assessment would consider for HSR.
Provide the Minister of Public Works and Government Services with the authority to register Notice of Prohibition on Work for the purposes of the initiative
- This initiative is a large-scale project that will require the acquisition of thousands of parcels of land. A Notice of Prohibition on Work is intended to prevent undue increases in land value prior to acquisitions by limiting improvements and work on lands that may be required for this initiative, other than work to prevent the normal deterioration of the land, work to maintain its normal functional state or the completion of work that had begun. This measure should help manage and minimize land acquisition costs while also facilitating effective planning for design and construction.
- The protection of certain lands is an approach well-established for other major infrastructure projects in both Ontario and Quebec, with similar frameworks found in the Building Transit Faster Act, 2020 and the Act Respecting Expropriation.
- Land speculation in anticipation of the HSR initiative announcement could drive up land costs and delay implementation, impacting taxpayers and project timelines. This measure also prevents situations where new developments on land that may be required for the initiative must later be demolished, fostering greater public acceptability and avoiding additional time and costs associated with demolition activities.
- This approach draws on provincial precedents, such as the Act Respecting Expropriation in the Province of Québec, which was successfully applied in projects such as the Réseau Express Métropolitain, a recent linear corridor example.
Property Authorities
- This measure empowers Alto to sell, lease or otherwise dispose of property without being required to obtain authorization from the Governor in Council.
- This measure is a step forward in modernizing Canada’s federal infrastructure processes and aligns this Crown corporation with other agents like Canada Post, the Canada Mortgage and Housing Corporation, and the Bank of Canada who also have this authority.
- Given the high number of such property transactions required for this initiative, including the relocation of utilities and the granting of easements, this legislative measure is essential to reducing red tape and administrative bottlenecks, and ensures this project is completed in a manner that is efficient and cost effective.
Right of First Refusal
- To further Canada’s commitment to responsible infrastructure development and foster greater community support, collaboration and trust, this bill introduces measures which promotes land acquisitions and reduces the need for expropriation. This includes providing Alto with a right of first refusal for lands that may be required for the initiative
- This measure provides a modernized and fair approach to building this High-Speed Rail initiative as it aligns with similar measures at the provincial level.
- The City of Montréal has had a similar regime since 2018, and the Government of Quebec since 2022. This regime is available to all municipalities, cities and public transit authorities, and continues to be utilized today.
Environmental / Impact Assessment
Assessment of the initiative under the Impact Assessment Act (IAA)
- Canada intends to deliver the benefits of HSR as a series of “segments” between key cities which, once integrated and constructed, will collectively form the HSR network.
- This measure clarifies that each segment that forms part of the HSR network will be subject to the IAA.
- The federal impact assessment process will provide for a robust review process for this important nation building project by considering both positive and negative impacts, including any impacts on the rights of Indigenous peoples,
- Advancing the design and construction of the HSR network in segments is consistent with best practices from other large scale infrastructure projects around the world.
- Advancing HSR in segments will allow Canadians to benefit from more frequent, reliable and faster intercity train services sooner.
Deem any Alto railway line to have received a Section 98 Approval under the Canada Transportation Act.
- Section 98 normally requires approval of the location of a railway line. As HSR will be subject to the requirements of the Impact Assessment Act, the Government can leverage this process to consider impacts, including any impact on the rights of Indigenous peoples, in a single review process to reduce administrative burden.
- Also, since HSR is a Government of Canada initiative, the location of the railway line will ultimately be approved by the government. For HSR, the section 98 decision would therefore be duplicative.
- The Canadian Transportation Agency will retain its regulatory oversight role throughout the lifecycle of the project, addressing issues such as noise, vibration, road crossings and disputes.
- We have seen the challenges of duplicative processes that can come from section 98, such as in Lac Megantic. There, despite significant support from the community, local leaders, and the province, 12 years after the devastating Lac Megantic disaster the much-needed rail bypass is not yet complete.
Official Languages
Official Languages Act Application
- This legislative measure ensures that the Official Languages Act (OLA) applies to any entity with which Alto enters into a contract with respect to the operations or maintenance of the HSR network.
- It also guarantees that the relevant parts of the OLA apply to any entity that operates a federally regulated railway between Québec City and Windsor.
- Applying the OLA to these entities eliminates any gaps in language obligations, addresses official languages obligations towards members of the public. It also addresses union concerns by safeguarding the language rights of VIA Rail employees that are transferred to the private partner or operator.
- Canadians will continue to receive services and communications in their preferred official language in the operation of the initiative. This includes public signage, notices, consultations and services.
Indigenous Relations
Protection of Indigenous Knowledge when provided in Confidence
- Indigenous Knowledge that is provided will play an important role in informing outcomes for the HSR initiative.
- The Government of Canada knows Indigenous Knowledge enhances the understanding of potential impacts and leads to better project design, construction, operations and more effective monitoring.
- Similar provisions exist in the Impact Assessment Act, Fisheries Act, Canadian Energy Regulator Act, and Canadian Navigable Waters Act.
- The measure supports Canada’s commitment to reconciliation through a renewed nation-to-nation and government to government relationship, based on the recognition of rights, respect, co-operation and partnership.
- This measure affords protection to confidential Indigenous Knowledge by protecting it from disclosure under the Access to Information Act, subject to certain legislative exceptions, including procedural fairness and natural justice or for use in legal proceedings.
- Before disclosure under these exceptions, consultations would occur with the knowledge provider and the intended recipient to define the scope and conditions of disclosure.
- For example, procedural fairness means that Indigenous Peoples and proponents may have a right to participate, to know what information the decision-maker is relying on when making the decision, and may be given a chance to respond to that information.