Decision No. 201-R-2006

March 30, 2006

File No. R 8005/B1

On December 2, 2005, BNSF Railway Company (hereinafter BNSF) applied to the Canadian Transportation Agency (hereinafter the Agency) for a variance to its certificate of fitness as set out in the title.

On December 24, 1997, the Agency, pursuant to subsections 92(1) and 92(2) of the Canada Transportation Act (hereinafter the CTA), issued Certificate of fitness No. 97015-1 to Burlington Northern and Santa Fe Railway Company and its wholly owned subsidiaries, Burlington Northern (Manitoba) Ltd. and Burlington Northern and Santa Fe Manitoba Inc.

Paragraph 93(1)(c) of the CTA provides that the Agency, upon application, may vary a certificate of fitness to reflect a change in railway operations or circumstances relating to those operations.

In this matter, BNSF states that the corporate name of Burlington Northern and Santa Fe Railway Company changed to BNSF Railway Company effective January 20, 2005. A copy of the Certificate of Name Change issued by the State of Delaware was provided as evidence of the company's name change.

BNSF also cites changes to its operations as follows:

1. On April 2, 2004, Burlington Northern and Santa Fe Railway Company received notice that the British Columbia Railway Company transferred portions of its line from Colebrook (mileage 7.80), British Columbia to Roberts Bank (mileage 21.0), British Columbia, over which BNSF has running rights, to a subsidiary, BCR Port Subdivision Ltd.
2. On December 31, 2004, Burlington Northern and Santa Fe Railway Company transferred certain lines of railway to the Kettle Falls International Railway Company as follows:
   
   1. through a purchase agreement, the San Poil Subdivision from the Canada/United States border near Laurier, Washington, to the Canada/ United States border near Danville, British Columbia; and
   2. through a lease agreement, the Kettle Falls Subdivision from the Canada/ United States border, near Waneta, to Columbia Gardens, British Columbia.
3. The addition of operations through a running rights agreement over the Canadian National Railway Company's tracks at Burrard Inlet, Vancouver, British Columbia, to access the Burrard Inlet rail barge slip as well as from Brownsville, British Columbia to Thornton Yard, Surrey, British Columbia for traffic interchange purposes.

In addition, the Agency notes Decision No. LET-R-240-1999, dated October 4, 1999, indicating the transfer of the Burlington Northern and Santa Fe Railway Company rail operations from Columbia Gardens to Troup Junction, British Columbia.

With respect to the adequacy of the insurance coverage, the Agency has reviewed the material on file and finds that there is adequate third party liability insurance coverage, including self-insurance for BNSF's current railway operations.

Accordingly, pursuant to paragraph 93(1)(c) of the CTA, the Agency hereby varies Certificate of fitness No. 97015-1 issued on December 24, 1997, to reflect the company's name change to BNSF Railway Company, as well as the changes to its current operations. The varied certificate of fitness shall read as follows:

1. The New Westminster Subdivision between the USA/Canada border (mileage 119.6) and Vancouver, British Columbia (mileage 156.8).
2. A railway yard in Winnipeg, Manitoba.

   and, by virtue of running rights agreements, to operate over the lines of:

3. The Canadian Pacific Railway Company (CP):
   
   1. for 0.29 miles at Huntingdon, British Columbia, to access the Huntingdon interchange and connect with Southern Railway of British Columbia;
   2. over a short distance of CP's lead track at New Westminster, British Columbia; and
   3. between Academy Road and the CP bridge crossing the Assiniboine River in Winnipeg, Manitoba.
4. BCR Port Subdivision Ltd. from Colebrook, British Columbia (mileage 7.80) to Roberts Bank, British Columbia (mileage 21.0).
5. The Canadian National Railway Company:
   
   1. for 500 feet at Brownsville, British Columbia, to access the Fraser Surrey Docks;
   2. over the Fraser River Bridge (mileage 141.3) to New Westminster, British Columbia (mileage 143.9), Yale Subdivision;
   3. for a short distance at Burrard Inlet, Vancouver, British Columbia, to access the Burrard Inlet rail barge slip;
   4. from Brownsville, British Columbia to Thornton Yard, Surrey, British Columbia, for traffic interchange purposes; and
   5. the Letellier Subdivision from Emerson Junction to Portage Junction, Manitoba.

Certificate of fitness No. 97015-2 supersedes Certificate of fitness No. 97015-1 issued to Burlington Northern and Santa Fe Railway Company on December 24, 1997.

Members

• Guy Delisle
• Baljinder Gill