Order No. 1991-R-58

February 4, 1991

February 4, 1991

IN THE MATTER OF a reconsideration pursuant to section 171 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) of applications by the Canadian National Railway Company (hereinafter the applicant) for authority to abandon the operation of the Kincardine Subdivision from Listowel (mileage 1.41) to Wingham (mileage 30.34), the Newton Subdivision from Stratford (mileage 1.17) to Palmerston (mileage 36.62) including 1.41 miles of the Kincardine Subdivision and the Owen Sound Subdivision from Palmerston (mileage 0.00) to Owen Sound (mileage 71.43) (hereinafter the branch lines), a total distance of 137.22 miles, all in the Province of Ontario.

File Nos. 6115/492
6115/565
6115/583


WHEREAS the application for abandonment of the operation of the Kincardine Subdivision from Listowel to Kincardine was received by the Railway Transport Committee of the Canadian Transport Commission (hereinafter RTC) on September 3, 1980, and the application for abandonment of the operation of the Newton Subdivision from Stratford to Palmerston including 1.41 miles of the Kincardine Subdivision, and the Owen Sound Subdivision from Palmerston to Owen Sound was received by the RTC on September 15, 1986;

AND WHEREAS pursuant to RTC Order No. R-35400 dated July 25, 1983, the operation of the Kincardine Subdivision was ordered abandoned from Wingham (mileage 32.95) to Kincardine (mileage 57.82) and was ordered continued between Listowel (mileage 1.41) and Wingham (mileage 32.95)(amended to mileage 30.34 by RTC Order No. R-36558 dated April 24, 1984);

AND WHEREAS pursuant to Order No. 1989-R-24 dated February 13, 1989 the operation of the Kincardine Subdivision was ordered continued between Listowel (mileage 1.41) and Wingham (mileage 30.34);

AND WHEREAS the operation of the Newton Subdivision from Stratford (mileage 1.17) to Palmerston (mileage 36.62) including 1.41 miles of the Kincardine Subdivision and the Owen Sound Subdivision from Palmerston (mileage 0.00) to Owen Sound (mileage 71.43) was ordered continued by RTC Order No. R-40466 dated March 26, 1987;

AND WHEREAS opposition to the proposed abandonment was received by the Agency pursuant to the Notice of Reconsideration dated July 31, 1990;

AND WHEREAS the Agency has determined that a public hearing was not necessary and that the Decision could be rendered based on the information on file;

AND WHEREAS the Agency has reviewed all the submissions and material on file, and in accordance with the Decision of the Agency.

THE AGENCY HEREBY:

  1. Determines that the branch lines are uneconomic, but that there is a reasonable probability of the branch lines becoming economic in the foreseeable future.
  2. Determines that the operation of the branch lines is required in the public interest.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant shall not abandon the operation of the branch lines.
  2. The applications are to be reconsidered in accordance with the provisions of section 171 of the NTA, 1987 one year from the date of this Order.
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