Order No. 1995-R-22

January 31, 1995

January 31, 1995

IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter the applicant), 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 Canal Bank Spur West from mileage 0.0 to mileage 4.4 (hereinafter the branch line), off mileage 3.0 of the Montreal Subdivision, a total distance of 4.4 miles, in the province of Quebec.

File No. T 6115/552-3


WHEREAS the application was received by the National Transportation Agency (hereinafter the Agency) on August 1, 1994;

AND WHEREAS notice of the application was given by the applicant pursuant to subsection 160(5) of the NTA, 1987;

AND WHEREAS opposition to the proposed abandonment of the branch line has been received by the Agency within the sixty-day 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 the Agency has reviewed the 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 amount of the actual loss attributable to the branch line for the prescribed financial years of 1991, 1992 and 1993 are as shown in Appendix B of the Decision of the Agency appended hereto.
  2. Determines that 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 Canal Bank Spur West from mileage 0.0 to mileage 4.4, off mileage 3.0 of the Montreal Subdivision, a total distance of 4.4 miles, in the province of Quebec, ninety (90) days from the date of this Order.

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