Decision No. 326-R-2006
June 5, 2006
APPLICATION by BNSF Railway Company pursuant to paragraph 93(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, for a variance to its certificate of fitness to more accurately reflect its railway operations in the province of Manitoba.
File No. R 8005/B1
On March 30, 2006, BNSF Railway Company (hereinafter BNSF) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.
Subsection 92(1) of the Canada Transportation Act (hereinafter 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.
On March 30, 2006, the Agency issued Certificate of fitness No. 97015-2 to BNSF permitting it and its wholly owned subsidiaries, Burlington Northern (Manitoba) Ltd. and Burlington Northern and Santa Fe Manitoba Inc., to operate a railway in the provinces of British Columbia and Manitoba.
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.
BNSF provided the Agency with a description of its current operations in the province of Manitoba, which includes the following:
on BNSF owned trackage:
1) for 1.81 mile (between mileages 1.87 and 3.68), between the St. James Junction at mileage 4.80 of the Canadian National Railway Company's (hereinafter CN) Rivers Subdivision and the junction at mileage 3.45 of the Canadian Pacific Railway Company's (hereinafter CP) La Rivière Subdivision, near the Academy Road crossing, in the city of Winnipeg; and
2) for 2.23 miles, between the junction at the Portage Avenue crossing at mileage 4.45 of CP's La Rivière Subdivision and north of the Notre Dame Avenue crossing, at mileage 6.68, in the city of Winnipeg,
and, by virtue of running rights agreements, over:
3) CP's La Rivière Subdivision for 0.75 mile between the Portage Avenue crossing (mileage 2.70) and the junction near the Academy Road crossing (mileage 3.45), in the city of Winnipeg;
4) CN's Rivers Subdivision between the Portage Junction (mileage 2.60) and the St. James Junction (mileage 4.80), in the city of Winnipeg; and
5) CN's Letellier Subdivision between the Emerson Junction (mileage 63.40) and the Portage Junction (mileage 0.00).
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. 97015-2 issued on March 30, 2006, to reflect a more accurate description of BNSF's current operations in the province of Manitoba. The varied certificate of fitness shall permit BNSF and its wholly owned subsidiaries to operate a railway in the provinces of British Columbia and Manitoba, as set out below:
on BNSF owned trackage:
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 the city of Winnipeg, Manitoba;
3. for 1.81 mile (between mileages 1.87 and 3.68), between the St. James Junction at mileage 4.80 of CN's Rivers Subdivision and the junction at mileage 3.45 of CP's La Rivière Subdivision, near the Academy Road crossing, in the city of Winnipeg, Manitoba; and
4. between the junction at the Portage Avenue crossing at mileage 4.45 of CP's La Rivière Subdivision and north of the Notre Dame Avenue crossing, at mileage 6.68, in the city of Winnipeg, Manitoba,
and, by virtue of running rights agreements, to operate over the lines of:
5. CP:
a) for 0.29 miles at Huntingdon, British Columbia, to access the Huntingdon interchange and connect with Southern Railway of British Columbia;
b) over a short distance of CP's lead track at New Westminster, British Columbia; and
c) over CP's La Rivière Subdivision for 0.75 mile between the Portage Avenue crossing (mileage 2.70) and the junction near the Academy Road crossing (mileage 3.45), in the city of Winnipeg, Manitoba;
6. BCR Port Subdivision Ltd., from Colebrook (mileage 7.80) to Roberts Bank (mileage 21.0), in the province of British Columbia;
7. CN:
a) for 500 feet at Brownsville, British Columbia, to access the Fraser Surrey Docks;
b) over the Fraser River Bridge (mileage 141.3) to New Westminster (mileage 143.9), Yale Subdivision, in the province of British Columbia;
c) for a short distance at Burrard Inlet, Vancouver, British Columbia, to access the Burrard Inlet rail barge slip;
d) from Brownsville to Thornton Yard, Surrey, British Columbia, for traffic interchange purposes;
e) from Emerson Junction (mileage 63.40) to Portage Junction (mileage 0.00), Letellier Subdivision, in the province of Manitoba; and
f) from Portage Junction (mileage 2.60) to St. James Junction (mileage 4.80), Rivers Subdivision, in the city of Winnipeg, Manitoba.
Certificate of fitness No. 97015-3 supersedes Certificate of fitness No. 97015-2 issued to BNSF on March 30, 2006.
Members
- Baljinder Gill
- Beaton Tulk
- Date modified: