VIA Rail & HFR Inc. RFP Brief

Table of Contents

1. VIA Rail & HFR Inc. RFP Brief

VIA HFR Inc. is the VIA Rail High Frequency Rail initiative announced by the government of Canada. It affects the Toronto-Quebec City corridor only.

RFP is the Request for Proposals process where the government seeks to choose a private sector contractor to provide a good or service. The process is an official request for companies to bid on this contract.

1.1. Recommendations

  1. Activate public campaign to highlight that the VIA HFR is a privatization program that will cost the Liberals in the next election.
  2. Build contingency plan for Unifor locals in the case of privatization of VIA Rail.

1.2. Background

  • VIA HFR-VIA TGF Inc. was created as an independent company in December, 2022.
    • All shares in the new company are owned by VIA Rail. VIA HFR is a subsidiary of VIA Rail Inc.
    • VIA HFR has been established with the mandate of privatizing VIA Rail's Toronto-Quebec City corridor.
    • Request For Qualifications (RFQ): Launched in February, 2023, to find a person to lead the privatization process under VIA HFR.
  • VIA HFR is a Public-Private Partnership. The government states it is a P3 on their website.

The publicly stated mandate:

Project outcomes that the private developer partner will be expected to meet or exceed (e.g., shorter journey times, more frequent departures, more reliable service, etc.).

Government HFR public site

  • The process has been supported by Canada Infrastructure Bank.
    • $16M since 2018 to start the process and support infrastructure upgrades of VIA Rail.
    • $55M specifically to support VIA HFR privatization program.

1.2.1. Concerns

  • VIA HFR's final contract goals:
    • Have the private sector operate the HFR Project with a 30-to-50-year contract.
    • All work from VIA Rail in the corridor will be transferred to the private sector operator.

The VIA Rail subsidiary will have its own authorities, employees and resources to deliver the HFR Project with the Private Developer Partner and Private Partner, as well as have a distinct and independent board of directors, CEO and a reporting and accountability structure directly through the Minister of Transport to Parliament.

NOTE: There is no automatic transfer of union contract protections when work is transferred from a unionized parent company through a subsidiary to an outsourced private operator.

  • Request for Proposals will be issued in the next month or so. This provides a very short window to affect the RFP process.
  • After an RFP is issued, there is perhaps a one year window to affect the signing of the deal that will hand over the rights of the corridor to the private sector.

1.2.2. Alternatives Presented

The alternative would be to provide VIA Rail money directly to upgrade services over the next 2-3 years.

Two alternative paths:

  1. Incremental upgrades: It will be cheaper to change the mandate to upgrade VIA Rail service incrementally with no down-side political and economic risks. No one will blame the government if VIA gets slightly better or not.
  2. Invest in large expansion using the Canada Infrastructure Bank investing directly in VIA HFR: Build publicly owned and managed infrastructure with a plan for expansion instead of reduction in overall national passenger rail services.

1.2.3. Timeline

  1. Request for Expression of Interest: completed.
    • 54 Interested Parties through the Request for Expression of Interest (RFEOI) expressed interest in managing a piece of the privatization.
    • About 1/5 of them are Canadian companies.
  2. Request for Qualification: completed.
  3. Request for Proposals: on going.
    • Start: September 2023
    • End: Summer of 2024

Note: Project finalization will happen in the "co-development" phase, which is estimated at ~3.5 years. Project contract finalization will happen during this co-development, not at the end of the 3.5 years.

The timeline suggests that, because the project is so far "in the future", the actual goal of the program is privatization and not really building passenger rail.

1.3. In preparation of VIA Rail corridor privatization

Recommendations:

  1. Have Legal prepare an options brief for following the work.
  2. Have Organizing prepare a card signing plan for the outsourced companies.
  3. Lobby/campaign to have union coverage included in the project plan.
  4. Campaign to protect VIA Rail's assets and services outside the Ontario-Quebec corridor.

1.4. Via Rail Campaign status

Campaign Goals:

  1. Keep as much of VIA's passenger rail system as part of the publicly owned as a Crown Company.
  2. Establish a common national vision for public passenger rail in Canada.
  3. Build national consciousness in support for a publicly owned VIA Rail.
  4. Build public understanding that VIA HFR is the first step in loss of rail services elsewhere in Canada.
  5. Convince the Liberal Party that privatization:
    • is deeply unpopular with the public
    • is opposed by city mayors
    • is a boondoggle waiting to happen
    • will cost them needed votes in the next election
  6. Have political parties support public investment in a public VIA Rail service during next election.

1.5. Background Stats

  • Mario Péloquin: Chief Executive Officer (appointed May, 2023)
  • Françoise Bertrand, o.c., c.q.: Chairperson of the Board of Directors
  • 3,400 employees
  • VIA Rail became the first land transportation company in Canada to join the United Nations Global Compact. UNGC is a voluntary CEO-driven ESG-orientated agreement to move to UN sustainability goals.

1.5.1. Revenue/Expenses

Revenue:

  • 2022
    • $317.9M passengers
    • #335M total
  • 2019
    • $388M passengers
    • $411M total

Expenses:

  • 2022: $689.4M
  • 2019: $665.2M

Operating loss:

  • 2022: $354.3M
  • 2019: $272.6

1.5.2. Passengers

  • Passenger Trips: 3.3 M
  • 1,200 million kilometres across Canada
  • 85%: intercity travel
  • 13%: long-distance
  • 2%: regional
  • 96% intercity travel (the Corridor)
  • 3% Long-Distance
  • 1% Regional
  • 328 departures per week on average
  • 82.6% depart on time
  • 57% on time performance
  • 61% passenger load (2022)

1.5.3. Revenue per Train Route

  • 81% Intercity Travel ($268,692,000)
  • 18% Long-Distance
  • 1% Regional

1.5.4. Government subsidy

Type Area To 2022 2019
Total Funding Required     672.5 549.5
Government Operating Funding 354.3 280.7
Government Capital Funding 147.3 112.4
Government Capital Fleet Replacement 170.9 155.3
Total Government Funding 672.5 548.4

1.5.5. Corridor

Train Services Revenues; Costs Shortfall; Subsidy per passenger; Subsidy per passenger-mile; Passengers per week; Passengers per year

Service Revenue Costs Shortfall Sub/pass Sub/mile Pass/Wk Pass/year
Montréal-Ottawa-Toronto $176446 $300478 $124032 $69.60 $0.27 34272 1782165
Québec City-Montréal-Ottawa $52285 $98807 $46522 $66.80 $0.45 13394 696488
Corridor East Total $228731 $399285 $170554 $68.81 $0.31 47666 2478653
Toronto-London-Sarnia-Windsor $38984 $77761 $38777 $59.91 $0.46 12449 647305
Toronto-Niagara $977 $5453 $4476 $165.09 $2.07 521 27112
South Western Ontario (SWO) Total $39961 $83214 $43253 $64.13 $0.50 12970 674417
Corridor Total $268692 $482499 $213807 $67.81 $0.33 60636 3153070

1.5.6. Mandatory Routes

Mandatory Route Revenue Total: $4,368M

Mandatory Route Revenue Costs Passengers/Wk
Montréal-Gaspé 0 0 0
Montréal-Jonquière 267 5450 121
Montréal-Senneterre 213 5386 90
Sudbury-White River 186 4194 88
Winnipeg-Churchill 3,107 26229 410
Jasper-Prince Rupert 595 8446 142
The Pas and Pukatawagan 0 3754 ?

1.5.7. Fleet

  • 74 locomotives
  • 355 train cars (in and out of service)

1.5.8. Stations

  • 104 train stations total
  • 24 Heritage stations
  • VIA Rail owns 61

1.5.9. Communities

  • 400+ communities served across Canada

1.6. Active research requests

  1. Are the following three government rail lines protected by legislation and/or regulation:
    1. Winnipeg-Churchill
    2. Toronto-Kenora
    3. Quebec to Abitibi Val-d'Or(Senneterre)
  2. Is the Vancouver Island rail service protected by legislation and/or some "Constitutional" provision/interpretation?
  3. Polling on a vision for a Canadian Public Passenger Rail?
    • Getting numbers on passenger density on routes?
    • Collecting mayors' positions on passenger rail and public VIA Rail.
    • Can we outline issues that show VIA Rail is "Vital Infrastructure" or a "Vital Service" for Canada's economic/national security?
  4. Atlantic mayors and/or government's position on VIA Rail?
    • What mayors do not want a discussion about revenue neutral rail systems?
    • Some mayors who rely on Maritime ferry services are not going to on board with the government demanding that from VIA Rail.
  5. Does Biden have a plan or desire to expand an East-West rail system for Amtrak that was cancelled in the 1990s from Chicago?
    • Such a path would run through Canada.

1.6.1. Amtrak Routes

Two routes are extending back into Canada:

  1. Vermonter: October 3, 2022 | The Vermont Agency of Transportation sent a letter to the Federal Railroad Administration which said that it, “intends to submit proposals to extend the Vermonter Service into Canada, from the current terminus in St. Albans to Montreal’s Central Station.”
  2. Maple Leaf: 12 hour train from New York City to Toronto. Traveling through the Hudson River Valley, New York's wine country, the Finger Lakes region near Niagara Falls crossing into Canada through Niagara Falls, St. Catherines, Altershot, and Toronto.

There are additional routes being requested through a Corridor Identification and Development Program (CIDP) launched with November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL). Public Law 117-58.

Investment Reduction Act money will support these corridors outlined February 16, 2023.

  • Purpose of CIDP: Intercity Passenger Rail Corridor” and “Corridor” new and upgrades for intercity passenger rail route of less than 750 miles.

1.6.2. Remote Passenger Rail

VIA Rail Canada’s mandate:
VIA Rail Canada Inc.'s mandate is to operate the national passenger rail services on behalf of the Government of Canada, offering intercity rail services and ensuring rail transportation services to regional and remote communities

Remote Passenger Rail Program (RPRP): the two remote railways receiving funding are the Tshiuetin Rail Transportation (TRT) in Quebec and Labrador, and the Keewatin Railway Company (KRC) in Northern Manitoba.

Tshiuetin Rail Transportation (TRT) receives both capital and operating funding through the RPRP while KRC receives capital funding through the RPRP and operating funding through VIA Rail.

The government continues to finance the Remote Passenger Rail Program funded through an Appropriated annually investment through Estimates.

  • A review was conducted March 2018. The conclusion was that the RPRP was a continued need because of the cost of creation of new roads is too high.

    The RPRP continues to be relevant by addressing the ongoing need of enabling Canadians who live in remote communities to access the national transportation system.

NOTE

The goal is to transfer (or transfer administration of) these routes to Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada.

  • The Remote Passenger Rail Program:
    • Previously known as the Regional and Remote Passenger Rail Services Class Contribution Program
    • Program 1.3: Transportation Infrastructure
    • Sub-program 1.3.3: Surface and Multimodal Infrastructure
    • Sub-sub-program 1.3.3.1: Rail Passenger Stewardship and Support program
  1. Mandatory VIA Rail Routes?

    The only mentions of "mandatory" routes found are in:

    1. Within VIA Rail's annual reports that set Mandatory routes separate from the "Corridors".
    2. the private members' bills that have tried to establish a VIA Rail Canada Act.

    Private members' bills attempting to establish a Via Canada Act have not been successfully adopted.

    Mandate — Passenger Rail Service Mandate

    8 (1) The Corporation’s mandate is to manage and provide safe and efficient passenger rail services in Canada that contribute to a sustainable environment and, in cooperation with other public passenger service providers, to improve passenger rail services in Canada. Equipment, facilities and resources

    (2) The Corporation may use excess equipment, facilities and resources for any commercial purpose that is ancillary to its mandate with a view to reducing the need for payments to the Corporation out of the Consolidated Revenue Fund. Mandatory routes

    9 (1) In carrying out its mandate, the Corporation must operate a service on all routes set out in the Schedule to this Act.

    1. Churchill – Winnipeg
    2. Jasper – Prince Rupert
    3. Montréal – Gaspé
    4. Montréal – Halifax
    5. Montréal – Jonquière
    6. Montréal – Québec
    7. Montréal – Senneterre
    8. Ottawa – Montréal
    9. Ottawa – Québec
    10. Sudbury – White River
    11. The Pas – Pukatawagan
    12. Toronto – Kingston – Ottawa
    13. Toronto – Stratford – London
    14. Toronto – Kingston – Montréal
    15. Toronto – Niagara Falls
    16. Toronto – London – Sarnia
    17. Toronto – Brantford – Windsor
    18. Vancouver – Toronto
    19. Victoria – Courtnay

Author: Graham Cox

Created: 2023-08-24 Thu 08:24