This Web page has been archived on the Web.

Follow-up petition concerning the decommissioning of a mainline through Algonquin Park

Petition: No. 27E

Issue(s): Biological diversity, transport, and water

Petitioner(s): Algonquin Eco Watch

Date Received: 3 March 2004

Status: Completed

Summary: This is the fifth petition concerning the decommissioning of an abandoned mainline through Algonquin Park. A number of letters have been sent by a legal representative of the petitioner to the Department of Fisheries and Oceans. The letters request information about the aerial survey of the abandoned mainline that was undertaken and the fisheries habitat training given to CN staff. As a result of the departmental response to the three letters, the petitioner is requesting a meeting with provincial and federal officials to discuss the concerns surrounding this issue. See related petitions 27A, B, C, and D.

Federal Departments Responsible for Reply: Environment Canada, Fisheries and Oceans Canada

Petition

February 24, 2004

Ms Johanne Gélinas
Commissioner of the Environment and Sustainable Development
240 Sparks Street
Ottawa, ON
(via fax)

RE: Environmental Petition #27D

Dear Madam;

Since mid-September, 2003, our lawyer, Ms. Dianne Saxe has written 3 letters on our behalf to the Minister of Fisheries and Oceans; namely September 15th, 2003 (item 1),* November 3rd, 2003 (item 2)*and January 29th, 2004 (item 3)*. All letters (copies attached)* referred to the abandonment of the CNR mainline through Algonquin Provincial Park and requested specific answers, material and a chance to meet with senior DFO officials to discuss ways and means of resolving ongoing environmental concerns.

While we have received responses, namely January 30 (item 4)* and a copy of the CNR flight video, we do not consider that the responses have adequately addressed our concerns and in some cases have neglected them altogether. Specifically, as follows:

  • written summary of DFO's recommendations on best management practices for rail decommissioning (not received). See letter of July 29th, 2003, to Algonquin Eco Watch (AEW) (item 5), copy included*.
  • copies of training materials provided to CNR (not received). See above letter of July 29th, 2003 to AEW.*
  • confirmation that DFO staff has read CNR draft report (and final report, if completed) and a Stage 3 report by Golder and Associates (not received).
  • response by DFO as to whether or not AEW can review these reports as well (not received).
  • protocol for aerial surveying of lands to assess rail line decommissioning effects on fish habitat; report of survey (video received; report not received).
  • request that DFO arrange a meeting with Algonquin Park staff, CNR, DFO, Federal Environment, AEW and other interested parties (we reiterated this request in November 3rd, 2003 letter*—in response, DFO indicated only that we could telephone a DFO contact person who happens to be on paternity leave, they did not indicate that DFO would initiate a meeting between interested parties).

It should be noted that while the suggested contact person was unavailable, his replacement (while unfamiliar with the file) did provide a copy of the Flight video. The accompanying report however, will not be completed until sometime after the original contact person returns from paternity leave.

We sincerely believe that the only way to address these many concerns properly is by meeting, so that all our concerns may be adequately discussed with all parties present. To continue this seemingly endless round of correspondence is not only very time consuming, but to date has proven totally unsatisfactory. We would gladly travel to a mutually satisfactory meeting site, but (with all due respect to Parry Sound DFO field staff) feel that such a meeting must include senior DFO (and Environment) staff members if these issues are to be resolved.

Since this issue has been fraught with jurisdictional problems since the beginning, we would request that this matter be treated as 2 separate petitions; i.e. one petition to Minister Regan (DFO) and one petition to Minister Anderson (Environment). To assist in resolution of the jurisdictional problem we would also like to have representatives of the Ontario Ministries of the Environment and Natural Resources in attendance.

Thank you.

[Original signed by Mike L. Wilton]

Mike L. Wilton,
Director.

*[attachments not posted]

[top of page]

Minister's Response: Environment Canada

July 5, 2004

Mr. Mike L. Wilton
Director
Algonquin Eco Watch
R.R. 1
Spring Bay, Ontario
P0P 2B0

Dear Mr. Wilton:

I am writing to provide Environment Canada's response to your environmental petition No. 27E to the Commissioner of the Environment and Sustainable Development, concerning environmental concerns surrounding the decommissioning of the Canadian National railway line through Algonquin Park. Your petition was received in the Department on March 10.

The specific questions posed in your petition are directed to my colleague, the Honourable Geoff Regan, Minister of Fisheries and Oceans. He will respond to you on these matters. However, you have also asked for a meeting to be arranged with a number of parties, including Environment Canada. I am aware that my officials of the Ontario Regional Office have talked with you regarding the work they have been doing in relation to the impact of heavy metals, associated with slag used in the rail bed. I understand that a copy of the report on this work has been provided to you and that my officials have indicated that they are prepared to meet with you at a time and place convenient to you, to review the findings. Dr. Laird Shutt of the Canadian Wildlife Service, telephone (613) 998-7379, or e-mail address: laird.shutt@ec.gc.ca; and Murray Brooksbank of the Environmental Protection Branch, Ontario Region, telephone (416) 739-4940, or e-mail address: murray.brooksbank@ec.gc.ca, will remain your contacts.

I appreciate your having taken the time to write, and hope that you will find this information useful.

Yours sincerely,

[Original signed by David Anderson, Minister of the Environment]

David Anderson, P.C., M.P.

[top of page]

Minister's Response: Fisheries and Oceans Canada

July 16, 2004

Mr. Mike L. Wilton
Director
Algonquin ECO Watch
RR 1
Spring Bay, Ontario
P0P 2E0

Dear Mr. Wilton:

Thank you for sharing your concerns over the CNR rail decommissioning project in Algonquin Park, Ontario. The Commissioner of the Environment and Sustainable Development (CESD) forwarded your letter to Fisheries and Oceans Canada (DFO) on March 10, 2004, as Environmental Petition No. 27E. This is the fifth petition you have submitted on this matter and DFO was requested to respond to Petition 27A and Petition 27D.

In your petition you state that responses to previous correspondence and the petitions do not adequately address your concerns. As well, you are requesting a copy of a report on the aerial fly-over survey, further information pertaining to the decommissioning project, and you are asking that a meeting be arranged to discuss your concerns.

The Auditor General Act provides for a petition process by which residents of Canada may write to the Auditor General about a matter in the context of sustainable development. Through this mechanism, residents of Canada can identify to the Government of Canada environmental issues of importance to them. You have clearly indicated to me your concerns with the CNR rail decommissioning; however, in my opinion the submission of a petition may not be the appropriate process to obtain technical reports or to arrange meetings.

I have attached* a copy of DFO's presentation given at the workshop referred to in our previous response and a copy of the aerial fly-over survey video and photographs (see attached CD)*. Please note that DFO does not have written procedures for aerial survey.

In previous correspondence to you, DFO noted that a determination was made in 2001, based on a site visit, that the work undertaken by CN Rail to that date (October 15, 2001) did not constitute a harmful alteration, disruption or destruction (HADD) of fish habitat. On July 29, 2003, DFO again indicated that, based on observations during the flight on June 2, 2003, it did not appear that the decommissioning of the CN rail line resulted in a HADD, but DFO did undertake to review the information with the intent to draft up a report based on the videotape and the fly-over. During the review of the information obtained in the fly-over, DFO again came to the conclusion that there was no HADD and, furthermore, based on the fact that this opinion is well documented, decided that there was no need to prepare a written report.

DFO has reviewed the Phase II Environmental Site Assessment, Draft Report (November 1997) prepared by Conor Pacific Environmental Technologies Inc. for CN Real Estate Management. However, we have not reviewed the Phase III report prepared by Golder and Associates as we have not been asked to do so. Should you wish to obtain a copy or review these reports I suggest that you contact CN.

As indicated in previous correspondence, you should contact C. Thomas Hoggarth who has returned to duty in the Parry Sound District Office, at (705) 746-2196, and he will arrange the meeting with all parties involved. I would like to thank you for your comments. If you have any further concerns or questions contact Bruce Richards, District Manager Parry Sound District at the same number.

Yours truly,

[Original signed by Geoff Regan, Minister of Fisheries and Oceans]

Geoff Regan

*[attachments not posted]