Mayor, Members of Council and Citizen Members of the Transit Commission,
Further to my July 11th, 2018, update on this matter, I am writing to advise that, on October 3rd, 2018, the City received notice from the Deputy Minister of Transport Canada, Mr. Michael Keenan, that the MOOSE Consortium ("MOOSE") had also petitioned the Governor in Council, being the Federal Cabinet, to vary Decision No. 2018-R-23: the Order made by the Canada Transportation Agency regarding the Prince of Wales Bridge and Ottawa River Line. As some Members may recall, the City had initiated a similar petition on March 6th, 2018, but has voluntarily stayed that process until the Federal Court of Appeal hears the City's appeal on the Order, likely sometime in early 2019.
Deputy Minister Keenan advised the City that, in its petition, among other things, MOOSE is requesting of the Governor in Council, the following narrow issue:
Exercise the authority pursuant to Section 40 of the Canada Transportation Act to modify the order issued in the Agency Determination No. R-2018-23 by removing its dependence upon any separate hypothetical Agency order under Division IV of the Act.
On November 15, 2018, the City filed its submission to Transport Canada: copy attached. Due to the length of the submission, copies of the relevant appendices are available at the City Clerk and Solicitor's Office.
Generally speaking, materials submitted during such legal proceedings are not released to other interested parties. However, on November 27, 2018, Transport Canada wrote to our external counsel requesting that the City's submission materials be made available to MOOSE for their review, along with other interested parties to the proceedings associated with MOOSE.
Upon review, Legal Services has determined that there is nothing confidential in the City's submissions on this petition. As such, I have conveyed the City's position on this matter to Transport Canada that the City does not object to the disclosure of its materials to anyone in this instance.
I will update you on this matter as it develops further.
M. Rick O'Connor, CMO
Certified Specialist (Municipal Law: Local Government)
City Clerk and Solicitor
Office of the City Clerk and Solicitor
City of Ottawa