Determination No. R-2023-107

UP applied to the Canadian Transportation Agency (Agency) to vary its Certificate of Fitness 97009‑1, to reflect a change in its railway operations in Canada, namely carrying crude oil.

Paragraph 92(1)(b) of the CTA provides for the issuance of a certificate of fitness if the Agency is satisfied that there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self‑insurance.

Subsection 93(1) of the CTA provides that the Agency may, upon application, vary a certificate of fitness.

Based on the type and volume, per calendar year, of certain prescribed goods being carried as part of UP’s operations, the Agency finds UP to be in compliance with the requirement set out in Item 2 of Schedule IV of the CTA.

The Agency is satisfied that UP holds the minimum liability insurance coverage required for the operation of the railway, in accordance with Schedule IV of the CTA.

Accordingly, the Agency, pursuant to subsection 93(1) of the CTA, varies UP’s Certificate of Fitness to indicate that, as per Schedule IV of the CTA, UP is authorized to operate a railway, which includes the carriage, per calendar year, of less than 4,000 tonnes of toxic inhalation hazard materials, of less than 100,000 tonnes of crude oil and other dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992.

Certificate of Fitness 97009-2 supersedes Certificate of Fitness 97009-1.