Order No. 1995-R-525
December 29, 1995
IN THE MATTER OF the 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.) for authority to abandon the operation of the Cayuga Subdivision from Feeder West (mileage 22.00) to Delhi (mileage 81.00), including the segment of the Simcoe Spur between mileages 0.00 and 0.95 (hereinafter the branch line), a total distance of 59.95 miles, in the province of Ontario; and
IN THE MATTER OF the Canadian Environmental Assessment Act, S.C., 1992, c. 37 (hereinafter the CEAA).
File No. T 6115/372
WHEREAS the application for the abandonment of the operation of the branch line was received by the National Transportation Agency (hereinafter the Agency) on September 19, 1995;
AND WHEREAS the applicant also filed with the Agency an environmental impact assessment of the project for the abandonment of the operation of the branch line pursuant to the CEAA and the Inclusion List Regulations;
AND WHEREAS opposition to the proposed abandonment was received by the Agency within the period set out in section 161 of the NTA, 1987;
AND WHEREAS on December 6, 1995, the Agency issued an interim determination of the amount of the actual loss incurred in the operation of the branch line in each of the prescribed financial years and issued a preliminary environmental screening report with respect to the applicant's abandonment project;
AND WHEREAS no offer to purchase the branch line was 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 all the material received and on file, and in accordance with the Decision of the Agency which is appended hereto.
THE AGENCY HEREBY:
- Determines that a public hearing is not necessary and that a decision can be rendered based on the information on file.
- Determines that the branch line is uneconomic and that there is no reasonable probability of it becoming economic in the foreseeable future.
- Determines that, pursuant to subsection 20(1) of the CEAA, the project is not likely to cause significant adverse environmental effects.
NOW THEREFORE, IT IS ORDERED THAT:
- Pursuant to subsections 165(1) and 168(1) of the NTA, 1987, the applicant shall abandon the operation of the Cayuga Subdivision from Feeder West (mileage 22.00) to Nelles Corners (mileage 54.07) and from Jarvis (mileage 62.67) to Delhi (mileage 81.00), including the Simcoe Spur between mileages 0.00 and 0.95, thirty (30) days from the date of this Order.
- The applicant shall abandon the operation of the Cayuga Subdivision from Nelles Corners (mileage 54.07) to Jarvis (mileage 62.67), one (1) year from the date of this Order.