Decision No. 256-R-1989

May 17, 1989

May 17, 1989

NOTICE by The Guelph Junction Railway Company of an agreement to lease its line of railway to The Toronto, Hamilton and Buffalo Railway Company Limited pursuant to subsection 158(2) of the National Transportation Act, 1987, S.C. 1987, c. 34 (hereinafter the NTA, 1987).

DECISION: AGREEMENT TO LEASE APPROVED.

File No. M4295-T1

Docket No. 89027


Pursuant to subsection 158(2) of the NTA, 1987, The Guelph Junction Railway Company has filed with the Agency a Notice of Proposed Lease of its line of railway to The Toronto, Hamilton and Buffalo Railway Company Limited. The notice was received on December 5, 1988.

The termini and routes of the railway to be transferred are as follows:

the line between mileages 31.27 and 31.60 over the Goderich Subdivision.

Subsection 158(3) of the NTA, 1987 provides that "within six months after the receipt of a notice under subsection (2), the Agency shall, after holding such hearings, if any, as are required in its opinion to enable all persons who wish to do so to present their views on the conveyance of the line of railway or segment, approve the agreement for the conveyance, unless the Agency determines that the conveyance would not be in the public interest or that the company to whom the line or segment is to be conveyed is not authorized to operate it."

Notice of the proposed agreement to lease was published on February 3, 1989 in the newspaper of the area concerned and copies of the notice were sent to others believed to be interested. No objections to the proposed lease were filed with the Agency.

After consideration of the evidence before it, the Agency determines that it is in the public interest to approve the agreement to lease.

Accordingly, pursuant to subsection 158(3) of the NTA, 1987, the Agency hereby approves the agreement to lease between The Guelph Junction Railway Company and The Toronto, Hamilton and Buffalo Railway Company Limited.

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