Decision No. 405-R-2002

July 22, 2002

File No. R 8005-1

On May 31, 2002, Train Touristique L'Express de La Matapédia (hereinafter L'Express de la Matapédia) applied to the Canadian Transportation Agency (hereinafter the Agency) for the certificate set out in the title.

The Agency notes that subsection 90(1) of the Canada Transportation Act (hereinafter the CTA) states that no person shall construct or operate a railway without a certificate of fitness. The Agency issues a certificate of fitness if it is satisfied that there will be adequate liability insurance coverage for the operation.

In determining whether railway companies are subject to federal jurisdiction and require a certificate of fitness, the Agency makes its determination if one or more of the following criteria apply:

• the railway crosses provincial or international borders;
• the railway is owned, controlled, leased or operated by a person who operates a railway within the legislative authority of Parliament (paragraph 88(2)(b) of the CTA);
• the railway is declared to be a work for the general advantage of Canada either by Special Act or under section 12 of the now revoked Railway Act, R.S.C., 1985, c. R-3 (3rd Supp.); or
• the railway is an integral part of an existing federal undertaking.

Based on the information on file, the Agency concludes that the proposed tourist train operation of L'Express de La Matapédia does not meet any of these criteria and, therefore, does not require a certificate of fitness.

The Agency reminds L'Express de La Matapédia that, when specialty train services operate by agreement on the line of a railway under the jurisdiction of the Parliament of Canada, it is incumbent on the existing federal railway company to satisfy the Agency that there is adequate liability insurance coverage in order to protect against any potential mishap resulting from the third parties' activities on its trackage.