Order No. 1992-R-379

October 29, 1992

October 29, 1992

IN THE MATTER OF a reconsideration pursuant to subsection 171(1) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) of the applications filed by the Canadian National Railway Company (hereinafter the applicant), for authority to abandon the operation of segments of the Ste. Rose Subdivision between Ochre River (mileage 0.00) and Ste. Rose (mileage 11.51) and between Ste. Rose (mileage 11.51) and Ste. Rose du Lac (mileage 11.70) (hereinafter the branch line), a total distance of 11.7 miles, in the Province of Manitoba.

File No. T6115/444-1


WHEREAS the initial application for abandonment of the operation of the segment of the branch line between mileages 11.51 and 11.70, as amended by letter dated December 23, 1966, was received by the Board of Transport Commissioners for Canada on November 5, 1962, and the initial application for abandonment of the operation of the segment of the branch line between mileages 0.00 and 11.51, as amended by letter dated February 22, 1979, was received by the Canadian Transport Commission on February 8, 1979;

AND WHEREAS Abandonment of Branch Lines Prohibition Order No. 4 designated the Ste. Rose Subdivision between Ochre River (mileage 0.00) and Rorketon (mileage 37.12) as part of the basic railway network and Abandonment of Branch Lines Prohibition Order No. 16 effectively removed from that network the segment of the Ste. Rose Subdivision between Ste. Rose du Lac (mileage 11.70) and Rorketon (mileage 37.12);

AND WHEREAS Canadian Transport Commission Order WDR-00688 dated February 11, 1982 authorized the applicant to abandon the operation of the segment of the Ste. Rose Subdivision between Ste. Rose du Lac (mileage 11.70) and Rorketon (mileage 37.12);

AND WHEREAS Order in Council P.C. 1992-769 dated April 30, 1992 removed the branch line from the said basic railway network effective October 31, 1991;

AND WHEREAS on June 12, 1992, the applicant requested the National Transportation Agency (hereinafter the Agency) to reconsider the abandonment applications pursuant to subsection 171(5) of the NTA, 1987;

AND WHEREAS the applications are now being reconsidered by the Agency pursuant to subsection 171(1) of the NTA, 1987;

AND WHEREAS on July 21, 1992, the Agency issued a Notice pursuant to subsection 171(2) of the NTA, 1987, and, on July 27 and 31 and August 2, 1992, published a Notice in local newspapers that it was reconsidering the applications and invited submissions on the matter;

AND 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 NTA, 1987;

AND WHEREAS no 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;

AND WHEREAS section 162 of the NTA, 1987 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;

AND WHEREAS the Agency has reviewed all material received and on file related to the subject applications.

NOW THEREFORE, IT IS ORDERED THAT:

In compliance with section 162 of the NTA, 1987, the applicant shall abandon the operation of the segments of the Ste. Rose Subdivision between Ochre River (mileage 0.00) and Ste. Rose (mileage 11.51) and between Ste. Rose (mileage 11.51) and Ste. Rose du Lac (mileage 11.70), a total distance of 11.7 miles in the Province of Manitoba, thirty (30) days from the date of this Order.

THE AGENCY HEREBY REQUESTS THAT:

The applicant advise the Agency in writing of the dates upon which:

i) the operation of the segments of the Ste. Rose Subdivision between Ochre River and Ste. Rose and between Ste. Rose and Ste. Rose du Lac has been abandoned, and

ii) the trackage and other facilities were removed.

Date modified: