CTA approval of the CanWhite Sand Vivian Railway Line with respect to Project Designation

Dear Impact Assessment Agency of Canada (IAAC), Canadian Transportation Agency (CTA) and CN Rail Ombudsman,

I have received pertinent documentation regarding the proposed CanWhite Sands Corporation (CWS)-Vivian Railway Line and Yard from a request for information from the IAAC. The information is pertinent to the current (IAAC) review of the Vivian Sand Extraction Project with respect to project designation and to the CTA approval of the CWS Vivian Railway Line and Yard. The IAAC Analysis Document of Nov. 2020 regarding designation of the Vivian Sand Processing Plant and Extraction project stated;

“Approval from the Canadian Transportation Agency may be required for the Facility Project, as the Proponent has indicated that the railway spur component of the Vivian Sand Processing Facility is part of CN’s network.”

The Vivian Sand railway line, already cleared by CWS, would connect to the CN mainline.

The Canadian Transportation Agency (CTA) Guidelines defines a Federally Regulated Railway Company as one that meets one of the following criteria,

“iii. Is owned, controlled, leased or operated by a federally regulated railway company;”

The CN Engineering Specifications for Industrial Tracks, Jan. 31, 2019 require that any rail line connecting to CN existing facilities must be approved by CN. The specifications state;

“The plans and specification must be approved, signed and stamped by a Professional Engineer licensed in the State or Province prior to submission to CN. CN will advise the Industry in writing of acceptance of the design or of any revisions that may be required.”

From the IAAC information request, B. Bullen, CWS Chief Operating Officer sent an email to Ian White of the IAAC on May 18, 2021 stating in the email;

“We have also been waiting on CN Engineering to sign off on the final railway loop and tie in.”

The Vivian Rail line is controlled by CN as specified in the CN Engineering Specifications for Industrial Track and as confirmed by the email of B. Bullen to Ian White of the IAAC on May, 18, 2021. It would appear therefore the CWS Vivian Railway is to be built by a federally regulated railway company. 

The CTA guidelines state:

“CTA approval is required if you are a federally regulated railway company proposing to construct a railway line.”

It would appear for this information that CWS must apply to the CTA for approval to construct the Vivian Railway Line and that the CTA guidelines for How to Apply for Approval to Construct a Railway Line: A Guide For Federally Regulated Railway Companies must be followed.

The CTA guidelines state;

“If your proposed line requires an impact assessment, the result must be that the project is permitted to proceed. Only then can the CTA can make a decision about your line construction application.”

Thus the IAAC must first decide if the Vivian Railway Project must be designated. On behalf of What the Frack Manitoba, on May 19, 2021 I sent to Jonathan Wilkinson, Minister of Environment and Climate Change and Barbara Pullishy Director, Prairie and Northern Region, Impact Assessment Agency of Canada a formal request to designate the Vivian Sands Railway Project. The IAAC has not yet made a ruling on the designation.

The CTA guidelines state:

“Provide a detailed description of the proposed line construction activities. Include the following:

• Construction activities, including a description of:

the phases of construction, including any preliminary works (clearing, grubbing, demolition, pre-loading, etc.);”

Please note that preliminary works including clearing and grubbing of the railway lines have already been completed by CWS.

I trust that the IAAC will take this information into account in its review of the Vivian Sands Project. I trust that the CTA will take appropriate action with respect to submission by CWS and CN for an application for approval to construct a railway line. I trust that CN will take appropriate action with respect to its involvement in the approval and construction of the CWS Vivian Railway Line.

Sincerely,

Dennis LeNeveu