Agency Rulings

Order No. 1993-R-267

August 23, 1993

IN THE MATTER OF an application by Canadian Pacific Limited (hereinafter the applicant) made 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 the Halifax Subdivision from mileage 52.9 to mileage 56.1, including the 4.6 mile Kentville Spur from mileage 56.1 Halifax Subdivision to the end of the track and the 2.3 mile Kingsport Spur from mileage 56.1 Halifax Subdivision to the end of the track, (hereinafter the line) a total distance of 10.1 miles, in the province of Nova Scotia.

File No. T 6120/292

WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on February 24, 1993;

AND WHEREAS opposition to the proposed abandonment of the operation of the line was received by the Agency within the period set out in section 161 of the NTA, 1987;

AND WHEREAS the Agency held a public hearing with respect to this application which commenced on June 14, 1993 in Saint John, New Brunswick and concluded on June 29, 1993, in Sherbrooke, Quebec;

AND WHEREAS no offer to purchase the line has been made pursuant to section 174 of the NTA, 1987 within the period prescribed in section 161 of the NTA, 1987;

AND WHEREAS the Agency has reviewed all material received and on file, and in accordance with the Decision of the Agency which is appended hereto.

THE AGENCY HEREBY:

1. Determines that the amounts of actual loss incurred in the operation of the line for the years 1990, 1991 and 1992 are as shown in Appendix 2 of the Decision of the Agency appended hereto.
2. Determines that the operation of the line is uneconomic and that there is no reasonable probability of its becoming economic in the foreseeable future.

NOW THEREFORE, IT IS ORDERED THAT:

Pursuant to subsections 165(1) and 168(1) of the NTA, 1987, the applicant shall abandon the operation of the Halifax Subdivision from mileage 52.9 to mileage 56.1, including the 4.6 mile Kentville Spur from mileage 56.1 Halifax Subdivision to the end of the track and the 2.3 mile Kingsport Spur from mileage 56.1 Halifax Subdivision to the end of the track thirty (30) days from the date of this Order.

THE AGENCY HEREBY REQUESTS THAT:

The applicant shall advise the Agency in writing of the dates upon which the operation of the Halifax Subdivision from mileage 52.9 to mileage 56.1, including the 4.6 mile Kentville Spur from mileage 56.1 Halifax Subdivision to the end of the track and the 2.3 mile Kingsport Spur from mileage 56.1 Halifax Subdivision to the end of the track has been abandoned.