Determination No. R-2026-82

Determination

[1] The Canadian Transportation Agency (Agency) varies VDS’s CoF to reflect its current legal name, Infra RAIL inc., pursuant to subsection 93(1) of the CTA.

Background

[2] On September 7, 2022, the Agency issued CoF 22001 to allow VDS to operate a railway on the Viaduc du Sud, located in Montréal (Québec), in accordance with Determination R-2022-117.

[3] Under the terms of various agreements, VDS provides access to VIA Rail Canada Inc. (VIA), the National Railroad Passenger Corporation (Amtrak) and EXO to operate heavy rail passenger transportation services on the Viaduc du Sud’s infrastructure between mile points 72.96 and 73.99 on the Saint-Hyacinthe Subdivision and between mile points 1.20 and 1.36 on the Montreal Subdivision.

[4] As the owner, VDS carries out support structure maintenance activities on the Viaduc du Sud to ensure the sustainability and integrity of existing services.

[5] On June 25, 2025, VDS applied to the Agency to vary its CoF to reflect its new legal name, Infra RAIL inc.

[6] On September 25, 2025, VDS submitted a risk assessment related to the operations over the Viaduc du Sud. Following discussions with the Agency staff in early 2026, VDS advised that it planned to modify its insurance scheme. On March 25, 2026, VDS subsequently submitted a revised insurance scheme related to the Viaduc du Sud.

Analysis

[7] In determining whether to vary CoF 22001, the Agency will consider whether VDS continues to maintain adequate third‑party liability insurance coverage for its rail operations.

[8] As required by subsection 93.1(1) of the CTA, the holder of a CoF must maintain at all times, adequate liability insurance coverage, as determined in accordance with the Railway Third Party Liability Insurance Coverage Regulations (Regulations), for the operation or construction of the railway for which the certificate was issued.

[9] To be considered adequate, the Agency must be satisfied that the third party liability insurance coverage, including self-insurance, is sufficient to compensate for:

• third party bodily injury or death, including injury or death to passengers;
• third party property damage, excluding damage to cargo; and
• named perils pollution.

[10] The Agency has reviewed the following key documents provided by VDS:

• evidence to support the legal name change;
• its Certificate of Insurance for 2025–2026;
• its insurance scheme for maintenance operations related to the Viaduc du Sud;
• the system infrastructure and configuration overview;
• current and anticipated ridership; and
• the risk assessment provided by insurance experts.

[11] The Agency also considered the unique arrangements involved in operating passenger service on the Viaduc du Sud, including the liability limits and the insurance coverage recognized in the various agreements in place.

[12] In addition, the Agency assessed VDS’s financial capability to sustain the proposed self-insurance amounts. Based on a review of documentation submitted by VDS, the Agency is satisfied that it can support its proposed self-insurance amounts.

[13] The Agency is satisfied that VDS continues to maintain adequate third party liability insurance coverage for its operations and the related risks inherent in the use of the Viaduc du Sud by heavy passenger rail services.

Conclusion

[14] Accordingly, the Agency varies VDS’s CoF to reflect its new legal name, Infra RAIL inc. CoF 22001-1 hereby supersedes CoF 22001.