Order No. 1993-R-57

February 26, 1993

March 1, 1993

IN THE MATTER OF a reconsideration pursuant to section 171 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) of an application by the Canadian National Railway Company (hereinafter the applicant), made pursuant to section 160 of the NTA, 1987, for authority to abandon the operation of a segment of the Granby Subdivision from a point near Granby (mileage 15.57) to Marieville (mileage 38.70) (hereinafter the branch line), a total distance of 23.13 miles, in the Province of Quebec.

File No. T 6115/458


WHEREAS the application for abandonment of the operation of the branch line was received by the Canadian Transport Commission on August 5, 1987 and subsequently revised by letter dated January 6, 1988;

AND WHEREAS by Order No. 1988-R-1116 dated December 1, 1988, the National Transportation Agency (hereinafter the Agency) ordered the applicant to continue the operation of the Granby Subdivision between Granby (mileage 9.00) and Chambly (mileage 44.00) and to abandon the operation of the West Shefford Spur between mileage 14.13 and Farnham (mileage 28.37);

AND WHEREAS by Order No. 1989-R-317 dated October 13, 1989, the Agency varied Order No. 1988-R-1116, pursuant to the provisions of section 41 of the NTA, 1987, by authorizing the abandonment of the segment of the Granby Subdivision between mileages 9.00 and 15.57;

AND WHEREAS on September 28, 1990, the Agency published an Amendment to the Notice of Reconsideration authorizing a request by the applicant to exclude the segment of the Granby Subdivision between Marieville (mileage 38.70) and Chambly (mileage 44.00) from the original abandonment application;

AND WHEREAS by Order No. 1991-R-375 dated July 18, 1991, the Agency ordered the applicant to continue the operation of the branch line;

AND WHEREAS the application for abandonment of the operation of the branch line must now be reconsidered by the Agency under section 171 of the NTA, 1987;

AND WHEREAS on July 13, 1992, the Agency issued a Notice informing the general public that it was reconsidering the application to abandon the operation of the branch line and invited interested parties to file submissions on the matter;

AND WHEREAS opposition to the proposed abandonment of the operation of the branch line was 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 on October 14, 1992, the Agency caused notice of its interim determination of the actual losses incurred in the operation of the branch line pursuant to section 163 of the NTA, 1987;

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

THE AGENCY HEREBY:

  1. Determines that a public hearing is not necessary and that a Decision can be rendered based on the information on file.
  2. Determines that the amount of actual loss incurred in the operation of the branch line for the prescribed financial year of 1991 and the amounts of contribution/profit for the years 1989 and 1990 are as shown in the final determination of the Agency attached as Appendix "2" to the Decision.
  3. Determines that the operation of the branch 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 subsection 165(1) of the NTA, 1987, the applicant shall abandon the operation of the segment of the Granby Subdivision from a point near Granby (mileage 15.57) to Marieville (mileage 38.70) on January 31, 1994.

THE AGENCY HEREBY REQUESTS THAT:

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

i) the operation of the branch line has been abandoned, and

ii) the trackage and other facilities have been removed.

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