Determination No. R-2018-175
APPLICATION by the Canadian National Railway Company (CN), on behalf of The Toronto Terminals Railway Company Limited (TTR), pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA).
CN applied, on behalf of TTR, to the Canadian Transportation Agency (Agency) to vary Certificate of Fitness No. 99002-2 to permit TTR to conduct switching operations for CN and for the Canadian Pacific Railway Company (CP) in the Vancouver area, in the province of British Columbia, as set out below:
On CN's network:
- the Vancouver Main Yard, west of CN Junction on the New Westminster Subdivision (mileage 155.4);
- the Glen Yard, adjacent to the Vancouver Main Yard;
- along the CN Burrard Inlet Line, from the junction at mileage 155.4 along the outside of the Glen Yard up to Heatley Diamond on the South Shore (mileage 127.5 of CP's Cascade Subdivision);
- the Waterfront Yard, and at mileage 128 Cascade Subdivision, West of Heatley Diamond; and,
- on the New Westminster Subdivision, between CN Junction (mileage 155.4) and Still Creek (mileage 153.8).
On CP's network:
- the N Yard, located at the end of the Cascade Subdivision (mileage 129);
- the L Yard, as far as Williston using the L-Lead, Waterfront Lead, Country Lead, LT4A Lead and the Main Track;
- On the Cascade Subdivision, between mileage 129 N Yard in the West and East of Williston (mileage 126.5).
The Certificate of Fitness issued to TTR permits it to operate a railway in Toronto, in the province of Ontario, and conduct switching operations for CN and CP at TSI Terminal System Inc.'s Deltaport terminal in Delta, and between mileages 17.4 and 24.1 of BCR Port Subdivision Ltd., in British Columbia.
TTR is a federal railway company jointly owned by CN and CP.
Paragraph 92(1)(b) of the CTA provides that the Agency shall issue a certificate of fitness for the proposed operation of a railway that does not relate to a passenger rail service if the Agency is satisfied that there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV of the CTA.
Subsection 93(1) of the CTA provides that the Agency may, upon application, vary a certificate of fitness.
The liability insurance requirement is an ongoing requirement and the Agency must be satisfied that a company operating a freight railway under federal jurisdiction continues to have the required minimum amount of liability insurance coverage, including self insurance.
To this end, TTR declares itself to be in insurance category 4 of Schedule IV of the CTA. The Agency has examined the submissions made by CN and CP on behalf of TTR to demonstrate that it has the minimum liability insurance coverage required for the operation of the railway, in accordance with Schedule IV of the CTA.
In addition, the Agency has examined TTR's capability to pay the amount of the self-insurance based on CN's and CP's financial information.
The Agency is satisfied that TTR has met the liability insurance requirements.
Accordingly, the Agency, pursuant to subsection 93(1) of the CTA, varies Certificate of Fitness No. 99002-2 as set out above.
Certificate of Fitness No. 99002-3 supersedes Certificate of Fitness No. 99002 2 issued to TTR on February 21, 2014.