Agency Rulings

Order No. 1989-R-182

July 13, 1989

IN THE MATTER OF the application by Canadian Pacific Limited (hereinafter the applicant), pursuant to section 160 of the National Transportation Act, 1987, R.S.C. 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for authority to abandon the operation of a portion of the Kentville Subdivision from Kentville (mileage 4.6) to Annapolis Royal (mileage 58.4) and the entire Yarmouth Subdivision from Annapolis Royal (mileage 0.0) to Yarmouth (mileage 86.6) (hereinafter the branch line), a total distance of 140.4 miles, in the Province of Nova Scotia.

File Nos. 39309.202
39309.201

WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on June 28, 1988;

WHEREAS opposition to the proposed abandonment of the operation of the branch line has been received by the Agency;

WHEREAS section 163 of the NTA, 1987 requires the Agency to determine the amount of the actual loss, if any, of the railway company attributable to the branch line in each of the prescribed financial years and to cause public notice of the determination made and of the principal factors applied in making that determination to be given as the Agency considers appropriate;

WHEREAS on March 7, 1989, the Agency determined the amounts of actual loss incurred in the operation of the branch line in each of the prescribed financial years;

WHEREAS an offer to purchase the branch line has been made pursuant to section 174 of the NTA, 1987, within the period prescribed in section 161 of the NTA, 1987, but was later withdrawn, on December 23, 1988; and

WHEREAS the Agency convened a public hearing into the application beginning on April 5, 1989, in Bridgetown, Nova Scotia.

UPON consideration of the proceedings, the documentation on file and the evidence presented before and during the hearing, and in accordance with the Decision of the Agency which is appended hereto,

THE AGENCY HEREBY:

1. Determines that the branch line is uneconomic and that there is no reasonable probability of its becoming economic in the foreseeable future.

THE AGENCY HEREBY ORDERS THAT:

1. In compliance with subsection 165(1) of the NTA, 1987, the applicant shall abandon the operation of the Kentville Subdivision from Kentville (mileage 4.6) to Annapolis Royal (mileage 58.4) and the entire Yarmouth Subdivision from Annapolis Royal (mileage 0.0) to Yarmouth (mileage 86.6), a total distance of 140.4 miles, in the Province of Nova Scotia, one year from the date of this Order.
2. The applicant shall advise the Agency in writing of the dates upon which:

   i) the operation of the Kentville Subdivision from Kentville to Annapolis Royal and the Yarmouth Subdivision from Annapolis Royal to Yarmouth has been abandoned, and

   ii) the trackage and other facilities were removed.