Decision No. 1-R-2024

[1] On July 17, 2023, the City of Ottawa filed an application requesting that the Canadian Transportation Agency (Agency), pursuant to section 32 of the Canada Transportation Act (CTA), rescind Order R-41165 dated October 13, 1987, issued by the Railway Transport Committee, and Order 1993-R-237 dated July 22, 1993, issued by the National Transportation Agency, both predecessors to the Agency.

[2] Order R-41165 authorized the City of Gloucester to construct Lester Road at grade across the track of Canadian Pacific Limited at mileage 6.88 of the Prescott Subdivision, in the City of Gloucester, in the province of Ontario, as shown on the plan and the profile on file.

[3] Order 1993-R-237 authorized the municipality of Ottawa-Carleton to construct a subway to carry the Southeast Transitway across and under the track of Canadian Pacific Limited at mileage 1.49 of the Ellwood Subdivision, in the city of Ottawa, in the province of Ontario, as shown on the plan and the profile on file.

[4] The City of Ottawa states that this infrastructure has been removed permanently as part of the Capital Railway’s Trillium Line passenger service expansion project. More precisely:

• the Lester Road Grade crossing has been replaced by a grade separated railway bridge; and
• the Southeast Transitway bridge within Ellwood Interlocking has been replaced by a single bridge spanning the Transitway.

[5] The City of Ottawa also provided evidence of a signed Purchase and Sale Agreement with Canadian Pacific dated 2005, which indicated that the City of Ottawa became sole owner of the infrastructure referenced in both Orders. The City of Ottawa further clarified that, with the completed transfer, Canadian Pacific relinquished its interest in this specific infrastructure. With this in mind, the Agency is of the view that communicating with the current owner is sufficient for the purposes of this application.

[6] Pursuant to section 32 of the CTA, the Agency may review, rescind or vary any decision made by it if, in the opinion of the Agency, since the issuance of the decision, there has been a change in the facts or circumstances pertaining to the decision. Accordingly, the Agency must first determine whether there has been a change in the facts or circumstances pertaining to the decision and, if so, determine whether such a change is sufficient to warrant a rescission of the decision.

[7] The Agency has reviewed the application and finds, pursuant to section 32 of the CTA, that there has been a change in the facts and circumstances pertaining to both orders since they were issued and that the change is of sufficient magnitude to warrant a rescission of Orders R-41165 and 1993-R-237. The infrastructure has been removed permanently and as such, the board Orders are no longer relevant.

[8] Accordingly, the Agency, pursuant to section 32 of the CTA, hereby rescinds Order R‑41165 dated October 13, 1987 and Order 1993-R-237 dated July 22, 1993.