Decision No. 176-R-2016
APPLICATION by Central Maine & Québec Railway Canada Inc. (CMQ), pursuant to section 93 of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA), to vary Certificate of Fitness No. 14001.
CMQ applied to the Canadian Transportation Agency (Agency) to vary Certificate of Fitness No. 14001 to reflect a change in railway operations to permit operations that involve a tourist train over a part of CMQ’s railway network between Sherbrooke and Bromont, Quebec.
In its application, CMQ requests a variance to its certificate of fitness to allow CMQ to conduct a tourist train service between Sherbrooke, Quebec at or near mileage 68.5 of the Sherbrooke Subdivision and Bromont at or near mileage 114.2 of the Sherbrooke Subdivision.
CMQ is a railway company under the CTA by virtue of Certificate of Fitness No. 14001 dated June 30, 2014, which permits CMQ to operate a railway in Canada, restricted to freight operations only.
Subsection 92(1) of the CTA provides that the Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the Railway Third Party Liability Insurance Coverage Regulations, SOR/96-337.
Section 93 of the CTA provides that the Agency may, upon application, vary a certificate of fitness.
The liability insurance requirement is an ongoing requirement and the Agency must be satisfied that a company operating a railway under federal jurisdiction continues to have adequate third party liability insurance coverage, including self‑insurance.
With respect to the adequacy of the third party liability insurance coverage, the Agency has undertaken a close examination of all substantive information and documentation filed by CMQ. The Agency finds that CMQ has adequate third party liability insurance coverage, including self‑insurance, for CMQ’s railway operations, including passenger operations over its railway network between Sherbrooke and Bromont, Québec.
Accordingly, the Agency, pursuant to paragraph 93(1)(c) of the CTA, varies Certificate of Fitness No. 14001 to include passenger operations between Sherbrooke and Bromont, Québec.
Certificate of Fitness No. 14001-1 supersedes Certificate of Fitness No. 14001 issued to CMQ on June 30, 2014.