Order No. 2003-R-494

September 19, 2003

File No. R 8005/A4

Under Certificate of fitness No. 02002, Acadian Railway Trains L.P. (hereinafter Acadian Railway) is authorized to operate international passenger rail tours, through operating agreements with Quebec Southern Railway Company Ltd., Canadian American Railroad Company, St. Lawrence & Atlantic Railroad (Québec) Inc., New Brunswick Southern Railway Company Limited and Eastern Maine Railway Company.

Pursuant to paragraph 88(2)(a) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), the Canadian Transportation Agency (hereinafter the Agency) found that Acadian Railway is a railway company operating a railway between Canada and the United States of America and issued a certificate of fitness as it was satisfied that Acadian Railway had adequate third party liability insurance coverage, including self-insurance, for the subject railway operation.

Subsection 94(1) of the CTA provides that the holder of a certificate of fitness shall notify the Agency in writing without delay if (a) the liability insurance coverage is cancelled or altered so that it may no longer be adequate: or (b) the construction or operation has changed so that the liability insurance may no longer be adequate.

Subsection 94(2) of the CTA states that the Agency may suspend or cancel the certificate if it determines that the liability insurance coverage is no longer adequate.

On July 14, 2003, Acadian Railway informed the Agency that it had cancelled its railway operations in Canada and requested a cancellation of its certificate of fitness.

The Agency notes that the third party liability insurance coverage of Acadian Railway has expired. As such, the Agency finds that Acadian Railway's insurance coverage is no longer adequate.

In light of the above, the Agency, pursuant to subsection 94(2) of the CTA, hereby cancels Certificate of fitness No. 02002 issued to Acadian Railway Trains L.P.