Order No. 1992-R-130
April 21, 1992
IN THE MATTER OF a reconsideration pursuant to subsection 171(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), of the amended application by the Canadian National Railway Company (hereinafter the applicant), for authority to abandon the operation of the segment of the Weyburn Subdivision, between Talmage (mileage 0.00) and a point near Weyburn (mileage 13.3), now known as the Talmage Spur having headblock at mileage 49.4 Lewvan Subdivision (hereinafter the branch line), a total distance of 13.3 miles, in the Province of Saskatchewan.
File No. T 6115/717
WHEREAS on March 27, 1979, the applicant applied to abandon the operation of the Weyburn Subdivision between Talmage (mileage 0.00) and Weyburn (mileage 13.15). P.C. Order in Council 1980-83 dated January 4, 1980 designated the branch line from a point at or near the above-noted mileages as part of the basic railway network not to be abandoned before January 1, 2000. P.C. Order in Council 1990- 1391 dated June 29, 1990 varied the initial P.C. Order in Council and removed the subject branch line from the said basic railway network effective July 1, 1990;
AND WHEREAS on August 15, 1991, the applicant requested the National Transportation Agency (hereinafter the Agency) to amend the mileage in its original application to allow the abandonment of the branch line, a distance of 13.3 miles in Saskatchewan and to reconsider the amended application;
AND WHEREAS the amended application must now be reconsidered by the Agency pursuant to subsection 171(1) of the NTA, 1987;
AND WHEREAS on January 29, 1992, the Agency issued a Notice pursuant to subsection 171(2) of the NTA, 1987, and on February 3 and 6, 1992, published a Notice in local newspapers that it was reconsidering the amended application and invited submissions on the matter;
AND WHEREAS no opposition to the proposed abandonment of the branch line has been received by the Agency within the period set out in section 161 of the NTA, 1987;
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 section 162 of the NTA, 1987 states that where an application is not opposed under section 161 and no offer to purchase the branch line is made under section 174 within the period mentioned in section 161, the Agency shall forthwith order that the operation of the branch line be abandoned;
AND WHEREAS the Agency has reviewed all material received and on file related to the subject amended application.
NOW THEREFORE, THE AGENCY HEREBY ORDERS THAT:
- In compliance with section 162 of the NTA, 1987, the applicant shall abandon the operation of the segment of the Weyburn Subdivision between Talmage (mileage 0.00) and a point near Weyburn (mileage 13.3), (now known as the Talmage Spur having headblock at mileage 49.4 Lewvan Subdivision), a total distance of 13.3 miles, in the Province of Saskatchewan, thirty (30) days from the date of this Order.
- The applicant shall advise the Agency in writing of the dates upon which:
i) the operation of this segment of the Weyburn Subdivision between Talmage and a point near Weyburn (Talmage Spur) has been abandoned, and
ii) the trackage and other facilities were removed.
- Date modified: