Agency Rulings

Decision No. 704-R-1997

December 24, 1997

APPLICATION by The Burlington Northern and Santa Fe Railway Company and its wholly owned subsidiary, Burlington Northern (Manitoba) Ltd., pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, c. 10, for a variance to Certificate No. 97015 to reflect the proposed transfer of specific Burlington Northern (Manitoba) Ltd. rail operating assets to Burlington Northern and Santa Fe Manitoba, Inc. and the inclusion in Certificate No. 97015 of Burlington Northern and Santa Fe Manitoba, Inc. as a wholly owned railway subsidiary of The Burlington Northern and Santa Fe Railway Company.

File No. R 8005/B1

The Burlington Northern and Santa Fe Railway Company (hereinafter BNSF) and its wholly owned subsidiary, Burlington Northern (Manitoba) Ltd. (hereinafter BNML), have applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title. The application was received on December 15, 1997.

Certificate No. 97015 issued to BNSF on June 30, 1997 permits BNSF and BNML to operate a railway in the provinces of British Columbia and Manitoba as set out below:

1. A line of railway between the USA/ Canada border and Vancouver, British Columbia;
2. A line of railway between the USA/ Canada border north of Boundary, Washington, and Troup Junction, British Columbia;
3. A line of railway between the USA/Canada border north of Grand Forks Junction, Washington, and Grand Forks, British Columbia;
4. A railway yard in Winnipeg, Manitoba;

and, by virtue of running rights agreements, to operate over the lines of:

1. the Canadian Pacific Railway Company (hereinafter CP) from Troup Junction (mileage 132.2) to Nelson (mileage 137.8), British Columbia; for 0.29 miles at Huntingdon, British Columbia, to access the Huntingdon interchange and connect with the Southern Railway of British Columbia; over a short distance of CP's lead track at New Westminster, British Columbia; and between Academy Road and the CP bridge crossing the Assiniboine River in Winnipeg, Manitoba;
2. the British Columbia Railway from Colebrook (mileage 7.8), British Columbia, to Roberts Bank (mileage 21.0);
3. the Canadian National Railway Company for 500 feet at Brownsville, British Columbia, to access Fraser Surrey Docks; over the Fraser River Bridge (mileage 141.3) to New Westminster (mileage 143.9), British Columbia; and the Letellier Subdivision between Emerson Junction and Portage Junction, Manitoba.

The proposed variance is requested as a result of BNML's transfer of specific assets to Burlington Northern and Santa Fe Manitoba, Inc. (hereinafter BNSF (Manitoba)), also a wholly owned subsidiary of BNSF.

The Agency has reviewed the application and the information filed in support thereof and is satisfied that there will be adequate third party liability insurance coverage, including self-insurance, for the proposed railway operations by BNSF and its wholly owned subsidiaries, BNML and BNSF (Manitoba).

Accordingly, the Agency, pursuant to subsection 93(1) of the Canada Transportation Act, will issue a new certificate of fitness to BNSF and its wholly owned subsidiaries, BNML and BNSF (Manitoba) in replacement of Certificate No. 97015 dated June 30, 1997.