Agency Rulings

Order No. 1993-R-34

February 3, 1993

IN THE MATTER OF the construction of three junctions by Canadian Pacific Limited, joining its track to the track of:

a) the Essex Terminal Railway Company with a crossover which commences at mileage 110.18 Windsor Subdivision of Canadian Pacific Limited and terminates at mileage 2.98 Mainline Subdivision of the Essex Terminal Railway Company;

b) the Canadian National Railway Company at mileage 0.15 of a connecting track which commences at mileage 110.27 Windsor Subdivision of Canadian Pacific Limited and terminates opposite mileage 223.74 Caso Subdivision of the Canadian National Railway Company; and

c) the Canadian National Railway Company at mileage 0.02 of a connecting track which commences at mileage 111.39 Windsor Subdivision of Canadian Pacific Limited and terminates opposite mileage 224.44 Caso Subdivision of the Canadian National Railway Company;

and of the operation of trains on the junctions, in the City of Windsor, in the Province of Ontario, as shown on Plan No. D-17-138-B revised July 11, 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File Nos. R 8170/W2
R 8040/279-111.39

WHEREAS Order No. R-41231 of the Railway Transport Committee of the Canadian Transport Commission dated November 4, 1987 approved the plan, profile and book of reference showing the deviation of the railway of Canadian Pacific Limited and of the railway of the Essex Terminal Railway Company;

AND WHEREAS Canadian Pacific Limited joined its track to the tracks of the Essex Terminal Railway Company and the Canadian National Railway Company and trains have been operated on the junctions without an order of the Agency, pursuant to section 197 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3;

AND WHEREAS Canadian Pacific Limited has filed a plan showing details of the work that has been carried out;

AND WHEREAS the Essex Terminal Railway Company and the Canadian National Railway Company have no objection to the work that has been carried out;

AND WHEREAS the Agency is satisfied that the work has been carried out as shown on the Plan;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and is of the opinion that the junctions and the operation of trains thereon should be approved pursuant to subsection 44(3) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.).

NOW THEREFORE, IT IS ORDERED THAT:

1. The junctions are approved.
2. The operation of trains on the junctions is approved.