Order No. 1992-R-418

November 30, 1992

File No. T6115/421

WHEREAS by Order No. 1989-R-319 dated October 17, 1989, inter alia, the Agency determined that the portion of the Edson Subdivision between the west limit of the Calder Yard and 116th Street in the City of Edmonton was a branch line;

AND WHEREAS on June 4, 1992, the Agency received an application from CN requesting a review of Order No. 1989-R-319. CN stated that as of April 10, 1992, there were no longer any users on the branch line and that this constitutes a change in the facts and circumstances since that Order issued;

AND WHEREAS on July 28, 1992, the Agency solicited comments on the alleged change in facts and circumstances from all parties known or believed to have an interest in the operation of the branch line. Parties were allowed thirty (30) days to submit comments and CN was allowed ten (10) days to reply to any submission received;

AND WHEREAS the City of Edmonton was the only party to make a submission in which it stated that it had no comments in this matter;

AND WHEREAS the Agency has considered the matter, notes that there are no longer any users on this branch line and, therefore, finds that pursuant to section 41 of the NTA, 1987, there has been a change in the facts and circumstances since the issuance of Order No. 1989-R-319.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. 1989-R-319 dated October 17, 1989 is hereby varied pursuant to section 41 of the NTA, 1987 by deleting the final paragraph and replacing it with the following:

The Agency hereby determines as a question of fact pursuant to subsection 157(4) of the NTA, 1987 that the portion of the Edson Subdivision between the west limit of Calder Yard and 116th Street, in the City of Edmonton, is a spur that is not a branch line.