Decision No. 270-R-2000
April 14, 2000
APPLICATION by Ottawa Central Railway Inc., pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, c. 10, for a variance of certificate of fitness No. 98003 to reflect the authority to operate a railway in the provinces of Ontario and Quebec as set out below:
- On its own lines of railway:
- between mileages 5.97 and 6.0, mileages 7.2 and 62.2, mileages 64.0 and 75.5 and mileages 76.5 and 88.9 of the Beachburg Subdivision;
- between mileages 0.0 and 25.7 of the Renfrew Subdivision; and
- between mileages 0.2 and 5.83 of the Walkley Line, including the South Freight Shed Lead (mileages 0.0 to 0.68), the North Freight Shed Lead (mileages 0.0 to 0.3), the Sheffield Spur (mileages 0.0 to 0.4) and a portion of the Walkley Yard, in Ottawa.
- By virtue of running rights, on the following lines of railway of the Canadian National Railway Company:
- between mileages 5.33 and 5.97, mileages 6.0 and 7.2, mileages 62.2 and 64.0, and mileages 75.5 and 76.5 of the Beachburg Subdivision;
- between mileages 0.0 and 0.2 of the Walkley Line;
- between mileages 0.0 and 13.0 of the Smiths Falls Subdivision;
- between mileages 82.50 and 83.50 of the M&O Subdivision; and
- in cases of emergency, between mileages 37.0 and 38.01 of the Kingston Subdivision.
- By virtue of running rights, on the following lines of railway of VIA Rail Canada Inc.:
- between Coteau Junction, Quebec and Hawthorne, near Ottawa, Ontario (mileage 0.0 to mileage 74.7) of the Alexandria Subdivision.
- By virtue of running rights, on the following line of railway of the St. Lawrence & Hudson Railway Company Limited:
- between mileages 0.4 and 1.28 of the Sheffield Spur.
- By virtue of running rights, on the following line of railway of BASF Canada Inc.:
- between mileages 0.0 and 25.7 of the Renfrew Subdivision.
File No. R 8005/O2
Ottawa Central Railway Inc. (hereinafter Ottawa Central) has applied to the Canadian Transportation Agency (hereinafter the Agency) for a variance of the certificate set out in the title. The application was received on January 7, 1999.
Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, Ottawa Central has agreed to an extension of the deadline to April 15, 2000.
Certificate of fitness No. 98003 dated December 10, 1998 permits Ottawa Central to operate a line of railway from Pembroke, Ontario (mileage 89.2) to mileage 6.0 near Ottawa, Ontario, as well as the Walkley Line (mileage 5.8 to mileage 0.0); and to operate, through running rights, on the lines of railway of the Canadian National Railway Company from Coteau Junction, Quebec (mileage 0.0) to mileage 72.73 near Ottawa, on the Alexandria Subdivision; from mileage 6.0 to mileage 5.3 on the Beachburg Subdivision; and from mileage 0.0 near Ottawa to Richmond, Ontario (mileage 13.0), on the Smiths Falls Subdivision.
Ottawa Central has requested a variance of its certificate of fitness to accurately reflect the actual mileage points of its railway operations.
Pursuant to subsection 93(1) of the CTA, the Agency may, on application, vary a certificate of fitness.
The Agency has reviewed the material filed and is satisfied that there continues to be adequate third party liability insurance coverage for the operation of the line of railway, including self-insurance.
Accordingly, pursuant to subsection 93(1) of the CTA, the Agency hereby varies Certificate of Fitness No. 98003 issued on December 10, 1998 to permit Ottawa Central to operate a line of railway in the provinces of Ontario and Quebec as set out below:
- On its own lines of railway:
- between mileages 5.97 and 6.0, mileages 7.2 and 62.2, mileages 64.0 and 75.5 and mileages 76.5 and 88.9 of the Beachburg Subdivision;
- between mileages 0.0 and 25.7 of the Renfrew Subdivision; and
- between mileages 0.2 and 5.83 of the Walkley Line, including the South Freight Shed Lead (mileages 0.0 to 0.68), the North Freight Shed Lead (mileages 0.0 to 0.3), the Sheffield Spur (mileages 0.0 to 0.4) and a portion of the Walkley Yard, in Ottawa.
- By virtue of running rights, on the following lines of railway of the Canadian National Railway Company:
- between mileages 5.33 and 5.97, mileages 6.0 and 7.2, mileages 62.2 and 64.0, and mileages 75.5 and 76.5 of the Beachburg Subdivision;
- between mileages 0.0 and 0.2 of the Walkley Line;
- between mileages 0.0 and 13.0 of the Smiths Falls Subdivision;
- between mileages 82.50 and 83.50 of the M&O Subdivision; and
- in cases of emergency, between mileages 37.0 and 38.01 of the Kingston Subdivision.
- By virtue of running rights, on the following lines of railway of VIA Rail Canada Inc.:
- between Coteau Junction, Quebec and Hawthorne, near Ottawa, Ontario (mileage 0.0 to mileage 74.7) of the Alexandria Subdivision.
- By virtue of running rights, on the following line of railway of the St. Lawrence & Hudson Railway Company Limited:
- between mileages 0.4 and 1.28 of the Sheffield Spur.
- By virtue of running rights, on the following line of railway of BASF Canada Inc.:
- between mileages 0.0 and 25.7 of the Renfrew Subdivision.
Certificate of Fitness No. 98003-1 supersedes Certificate of Fitness No. 98003 issued to Ottawa Central on December 10, 1998.
- Date modified: