Paragraph (d) of the amendment moved by the government was basically aimed at covering all the human health aspects. This paragraph, which states that the railroad must take into account "the potential impact on persons residing in properties adjacent to the railway", obliges the railway to take these factors into account. If there is a complaint, the agency, based on these factors, could use other external factors, like the standards that Mr. McGuinty's request alludes to, to determine whether the railway is meeting its obligations pursuant to this paragraph. The agency could always resort to such external factors to determine whether the railway has met its obligations pursuant to section 95.1.
On December 12th, 2006. See this statement in context.