Decision No. 325-R-2006
June 5, 2006
APPLICATION BY RaiLink Canada Ltd. pursuant to paragraph 93(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, to vary its Certificate of fitness No. 96002-5 to reflect a change in operations relating to the sale to the Canadian National Railway Company of rail operations between Smith and Girouxville, Alberta; between Winagami and Hines Creek, Alberta; between Roma Junction, Alberta and Hay River, Northwest Territories; and all connecting branch lines and spurs.
File No. R 8005/T1
On February 20, 2006, RaiLink Canada Ltd. (hereinafter RaiLink) applied to the Canadian Transportation Agency (hereinafter the Agency) for a variance to its certificate of fitness as set out in the title.
On November 6, 2003, the Agency issued a Certificate of fitness No. 96002-5 pursuant to paragraph 93(1)(c) of the Canada Transportation Act (hereinafter the CTA) to RaiLink which permits a rail operation on five lines of railway in Canada.
Subsection 92(1) of the CTA states that the Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there will be adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.
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, RaiLink notified the Agency that the Canadian National Railway Company has purchased RaiLink's operations between Smith and Girouxville, Alberta; between Winagami and Hines Creek, Alberta; between Roma Junction, Alberta and Hay River, Northwest Territories; and all connecting branch lines and spurs.
With respect to the adequacy of the RaiLink's 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 RaiLink's current railway operations.
Accordingly, pursuant to paragraph 93(1)(c) of the CTA, the Agency hereby varies Certificate of Fitness No. 96002-5 by removing reference to Item 5 which allows operations between Smith and Girouxville, Alberta; between Winagami and Hines Creek, Alberta; between Roma Junction, Alberta and Hay River, Northwest Territories; and all connecting branch lines and spurs.
Accordingly, Certificate of fitness No. 96002-6 supersedes Certificate of fitness No. 96002-5 issued to RaiLink Canada Ltd. on November 6, 2003.
Members
- Baljinder Gill
- Beaton Tulk
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