Order No. 1995-R-499

December 7, 1995

December 7, 1995

IN THE MATTER OF Order No. 1994-R-346 dated August 12, 1994, which authorized Canadian Pacific Limited (hereinafter CP) to abandon the operation of the Scarborough Pit Spur, a 2.0 mile spur off mileage 194.76 Belleville Subdivision, in the city of Scarborough, in the province of Ontario, as amended by Order No. 1994-R-484 dated November 28, 1994, which varied the date fixed for the abandonment of the operation of the Scarborough Pit Spur to November 10, 1995 or to thirty (30) days after such earlier date as McAsphalt Industries Limited and Rouge River Business Park Partnership advise the National Transportation Agency (hereinafter the Agency) that they are withdrawing from the undertaking to pay for the actual losses attributable to the operation of the Scarborough Pit Spur; and

IN THE MATTER OF the joint application by McAsphalt Industries Limited and Rouge River Business Park Partnership (hereinafter the applicants), pursuant to paragraph 172(2)(b) of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987) to vary Order No. 1994-R-346, as amended by Order No. 1994-R-484, by changing the effective date of the abandonment of the operation of the Scarborough Pit Spur to November 10, 1996.

File No. T 6120/016


WHEREAS the Agency received the above-noted application, as amended, on November 8, 1995;

AND WHEREAS the applicants have undertaken to pay the actual losses attributable to the operation of the Scarborough Pit Spur between November 11, 1995 and November 10, 1996;

AND WHEREAS by letter dated November 10, 1995, the Agency varied the date fixed for the abandonment of the Scarborough Pit Spur to November 10, 1996 and directed CP to submit to the applicants and to the Agency a quarterly report on the level of actual losses incurred;

AND WHEREAS in its letter of November 10, 1995, the Agency also advised the parties of record that this Order would be issued;

AND WHEREAS should the applicants decide to withdraw from the undertaking, the applicants are required to immediately advise the Agency and CP of the date on which the applicants are withdrawing in order to enable the Agency to fix a new date for the abandonment of the operation of the Scarborough Pit Spur;

AND WHEREAS the Agency has reviewed the matter and all submissions received and on file;

AND WHEREAS pursuant to paragraph 172(2)(b) of the NTA, 1987, the Agency is satisfied that the applicants have undertaken to pay the actual losses attributable to the Scarborough Pit Spur.

NOW, THEREFORE, IT IS ORDERED THAT:

  1. Order No. 1994-R-346 dated August 12, 1994, as amended by Order No. 1994-R-484 dated November 28, 1994, is hereby varied by changing the effective date of the abandonment of the operation of the Scarborough Pit Spur, a 2.0 mile spur off mileage 194.76 Belleville Subdivision, to either:

    1. November 10, 1996, or
    2. thirty (30) days after any earlier date on which the applicants advise the Agency that they are withdrawing from the undertaking to pay for the actual losses attributable to the operation of the Scarborough Pit Spur.
  2. The applicants will be liable for any actual losses, as certified by the Agency, incurred for the provision of rail service up to the date of abandonment.

This Order takes effect on November 10, 1995, the date on which the decision of the Agency was communicated by letter to the parties of record.

Date modified: