Agency Rulings

Order No. 1988-R-897

October 7, 1988

IN THE MATTER OF the application by Canadian Pacific Limited (hereinafter the Applicant), pursuant to section 160 of the National Transportation Act, 1987, S.C. 1987, c. 34, (hereinafter the Act) for authority to abandon the operation of a portion of the St. Andrews Subdivision from a point near the Champlain Spur (mile 18.1) to the end of the line at St. Andrews (mile 27.8), (hereinafter the branch line), for a total distance of 9.7 miles, in the Province of New Brunswick.

File No. 39309.197

WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on May 18, 1988;

WHEREAS notice of the application was given by the Applicant pursuant to subsection 160(5) of the Act;

WHEREAS no opposition to the proposed abandonment of the branch line has been received by the Agency within the period set out in section 161 of the Act;

WHEREAS no offer to purchase the branch line has been made pursuant to section 174 within the period prescribed in section 161; and

WHEREAS section 162 of the Act states that where an application is not opposed under section 161, and no offer to purchase the branch line is made under section 174 within the period mentioned in section 161, the Agency shall forthwith order that the operation of the branch line be abandoned.

UPON consideration of the matter,

IT IS ORDERED THAT:

1. The Applicant shall abandon the operation of the portion of the St. Andrews Subdivision between a point near the Champlain Spur (mile 18.1) and the end of the line at St. Andrews (mile 27.8), in the Province of New Brunswick, thirty days from the date of this Order.
2. The Applicant shall advise the Secretary of the Agency of the date or dates upon which the trackage and other rail facilities were removed.