Decision No. 605-MV-1990

December 3, 1990

File No. 14480

On September 9, 1989, Mr. Gilles Bernier, M.P. (hereinafter the applicant) filed an application with the National Transportation Agency (hereinafter the Agency) pursuant to section 42 of the National Transportation Agency General Rules, SOR/88-23 (hereinafter the NTA General Rules) for a decision by the Agency on the interpretation given to "select territory" with respect to the inclusion or exclusion of the amalgamated municipality of Vallée Jonction in the "select territory" pursuant to the Atlantic Region Freight Assistance Act.

The Atlantic Region Freight Assistance Act defines "select territory" as follows:

"select territory" means the territory consisting of the Provinces of Nova Scotia, Prince Edward Island and New Brunswick, the Island of Newfoundland and that portion of the Province of Quebec that is south of the St. Lawrence River and east of Quebec Highway 23 [now Highway 173], being the highway connecting Lévis in Quebec with U.S. Route 201 in the State of Maine.

Before the amalgamation of the two municipalities of L'Enfant-Jésus and Vallée-Jonction, part of the municipality of L'Enfant-Jésus was considered to be outside the select territory and Vallée-Jonction was considered a municipality inside the select territory, as defined by the Atlantic Region Freight Assistance Act.

Certified carriers were able to transport eligible commodities from the select territory to that part of the former municipality of L'Enfant-Jésus west of Highway 23 (now Highway 173) and to receive subsidies pursuant to the Atlantic Region Freight Assistance Act and regulations made pursuant to that Act (Westbound).

The Government of Quebec, by Order in Council published in the Quebec Official Gazette dated March 22, 1989, amalgamated the above two municipalities to form one municipality designated as Vallée-Jonction.

In the context of the amalgamation of the two municipalities, Mr. Gilles Bernier, M.P., has applied to the Agency for a determination with respect to the inclusion or exclusion of the new amalgamated municipality of Vallée-Jonction for the Atlantic Region Freight Assistance Act "select territory" purposes.

Pursuant to section 45 of the NTA General Rules, the Agency issued a public notice on January 19, 1990 of the application submitted by the applicant with respect to the inclusion or exclusion of the amalgamated municipality of Vallée-Jonction in the "select territory" pursuant to the Atlantic Region Freight Assistance Act and solicited submissions from anyone with an interest in the matter.

Several interveners filed submissions in response to the notice of the Agency. These interventions represented shippers, municipalities, carriers (including Canadian Pacific Limited), the Provincial Governments of Quebec, Newfoundland and New Brunswick, and other interested parties. One submission was filed by the Atlantic Provinces Transportation Commission.

The pleadings form part of the public files and may be consulted in the offices of the Agency by anyone who so desires. In addition, copies will be provided by the Secretary of the Agency on request.

In the administration of the Atlantic Region Freight Assistance Act, the determinant factor is not the boundaries of a municipality but rather the situation of a particular location with respect to Highway 23 (now Highway 173).

The Agency finds therefore that for the purpose of the administration of the subsidy program, and in accordance with the definition of "select territory" under the Atlantic Region Freight Assistance Act movements originating from points east of Highway 23 (now Highway 173) which terminate in that part of the municipality of Vallée-Jonction, which was formerly known as a separate municipality, L'Enfant-Jésus, prior to its amalgamation with Vallée-Jonction, and situated west of that Highway, are considered as movements terminating at points outside the "select territory".

This Decision takes effect as of October 16, 1990, the date on which it was communicated by letter.