Decision No. 8-R-1997
January 13, 1997
APPLICATION by the Canadian National Railway Company, pursuant to section 91 of the Canada Transportation Act, S.C., 1996, c. 10, for a certificate of fitness authorizing it and all of its subsidiaries, wholly owned or not, operating a railway in Canada and listed in its underwriting document entitled "Excess Liability Insurance 1996-1997" dated October 1996, under the tab "Subsidiary Companies", on file with the Agency, to operate or construct railways in Canada.
File No. R 8005/C2
The Canadian National Railway Company (hereinafter CN) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the certificate set out in the title. The application was received on September 16, 1996.
The Agency has reviewed the material filed and is satisfied that CN will have adequate third party liability insurance coverage for the proposed operation or construction of its railway and all of its subsidiaries operating a railway in Canada. The Agency review of CN's financial capacity to self-insure for the amount of self-insured retention was based on CN's financial statements and a letter to the Agency indicating that CN will operate the railway of each of its subsidiaries operating in Canada and will, therefore, be responsible for occurrences resulting from operations or construction of the railways.
Accordingly, pursuant to subsection 92(1) of the Canada Transportation Act, the Agency will issue a certificate of fitness to CN for the operation or construction of its railway and the railways of its subsidiaries operating a railway in Canada.
CN shall immediately notify the Agency of any change in its relationship with any of its subsidiaries operating a railway in Canada.
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