Order No. 1991-R-448

August 26, 1991

File No. T 6115/404

WHEREAS the Canadian Transport Commission received a letter on August 11, 1969 to have the application filed with the Board of Transport Commissioners for Canada for abandonment of the operation of the Demay Subdivision from Roundhill to Ryley dated May 31, 1963 and subsequently amended under date of June 17, 1963, dealt with under the provisions of the Railway Act;

AND WHEREAS Order in Council P.C. 1974-2880 dated December 20, 1974 designated the subject branch line as part of the basic railway network that shall not be abandoned before January 1, 2000;

AND WHEREAS Order in Council P.C. 1985-2902 dated September 26, 1985 removed that part of the Demay Subdivision between Camrose Junction (mileage 1.30) and Roundhill (mileage 12.00) on the said basic railway network;

AND WHEREAS Order No. WDR1986-00212 of the Canadian Transport Commission, Western Division, dated August 15, 1986, authorized the abandonment of operations over the Demay Subdivision between Camrose Junction and Roundhill;

AND WHEREAS Order in Council P.C. 1990-1811 dated August 28, 1990, removed that part of the Demay Subdivision between Roundhill (mileage 12.00) and Ryley (mileage 24.9) from the said basic railway network;

AND WHEREAS the application must now be reconsidered by the National Transportation Agency (hereinafter the Agency) under section 171 of the NTA, 1987;

AND WHEREAS on April 18, 1991, the Agency issued a Notice of Reconsideration informing the general public that the Agency was reconsidering the application to abandon the operation of the segment of the Demay Subdivision from Roundhill (mileage 12.00) to Ryley (mileage 24.9) and invited interested parties to file submissions on the matter;

AND WHEREAS only one individual filed an intervention with the Agency within the sixty (60) day period referred to in section 161 of the NTA, 1987, in opposition to the proposed abandonment of the branch line;

AND WHEREAS the opposition was based on the issues of energy consumption and conservation;

AND WHEREAS the Agency issued, pursuant to section 163 of the NTA, 1987, a Notice of its Interim Determination of Actual Loss on July 17, 1991 and solicited comments from interested parties;

AND WHEREAS no submissions were received by the Agency in response to its July 17, 1991 Notice;

AND WHEREAS no offer to purchase the branch line has been made pursuant to section 174 of the NTA, 1987 within the period prescribed in section 161 of the NTA, 1987;

AND WHEREAS pursuant to the Railway Costing Regulations, SOR/80-310 and section 157 of the NTA, 1987, the final determination of the Agency of the amount of the actual loss in each of the prescribed financial years is as follows:

AND WHEREAS the Agency has reviewed all material received and on file related to the subject application.

THE AGENCY HEREBY:

1. Determines that a public hearing is not necessary and that a Decision can be made on the information on file.
2. Determines that the branch line is uneconomic and that there is no reasonable probability of its becoming economic in the foreseeable future.

THE AGENCY HEREBY ORDERS THAT:

1. In compliance with subsection 165(1) of the NTA, 1987, the applicant abandon the operation of the segment of the Demay Subdivision between Roundhill (mileage 12.00) and Ryley (mileage 24.9), a total distance of 12.9 miles, in the Province of Alberta, thirty (30) days from the date of this Order.
2. The applicant advise the Agency in writing of the dates upon which:
   

   i) the operation of the segment of the Demay Subdivision between Roundhill and Ryley has been abandoned, and

   ii) the trackage and other facilities were removed.