Order No. 1995-R-139

April 12, 1995

File No. T 6120/193

WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on December 7, 1994;

AND WHEREAS notice of the application was given by the applicant pursuant to subsection 160(5) of the NTA, 1987;

AND WHEREAS no opposition to the proposed abandonment of the operation 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 is subject, since January 19, 1995, to the Canadian Environmental Assessment Act, 1992, c. 37. However, the Agency is of the opinion that the Environmental Assessment and Review Process Guidelines Order, SOR/84-467 (hereinafter the EARP Guidelines Order) continues to apply to this application since it was received prior to that date;

AND WHEREAS in 1990, the Agency developed in cooperation with the Federal Environmental Assessment Review Office an Agency Exclusion List, pursuant to paragraph 11(a) of the EARP Guidelines Order, identifying the types of proposals that would not produce any adverse environmental effects and that would, as a result, be automatically excluded from the Environmental Assessment and Review Process;

AND WHEREAS in subjecting this proposal for the abandonment of the operation of the branch line under sections 162 and 166 and subsection 165(1) of the NTA, 1987 to an environmental screening pursuant to subsection 10(1) of the EARP Guidelines Order, the Agency determined that this proposal is of a type identified on the Agency Exclusion List, and, as such, the proposal may automatically proceed should the Agency so authorize;

AND WHEREAS the Agency has reviewed all material received and on file related to the subject 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 Prescott Subdivision between a point near Oxford Station (mileage 35.7) and Prescott (mileage 51.0), in the province of Ontario, thirty (30) days from the date of this Order.