Decision No. 218-R-1997

April 21, 1997

April 21, 1997

APPLICATION by the Essex Terminal Railway Company pursuant to section 91 of the Canada Transportation Act, S.C., 1996, c. 10, for a certificate of fitness authorizing it to operate its line of railway of 19.5 miles in the city of Windsor, Ontario, and, by virtue of running rights agreements, to operate over a segment of approximately 910 feet of a Canadian Pacific Railway Company main line and over a segment of approximately 0.33 miles of a Canadian National Railway Company siding, in order to access the Canadian National Railway Company Van de Water Yard, as well as over approximately 4.3 miles of trackage in the yard itself.

File No. R 8005/E1


The Essex Terminal Railway Company has applied to the Canadian Transportation Agency (hereinafter the Agency) for the certificate set out in the title. The application was received on December 16, 1996.

The Agency has reviewed the material filed and is satisfied that there will be adequate third party liability insurance coverage, including self-insurance, for the proposed railway operation of the Essex Terminal Railway Company line of railway and for operation over the lines of railway of the Canadian Pacific Railway Company and the Canadian National Railway Company.

Accordingly, pursuant to subsections 92(1) and 92(2) of the Canada Transportation Act, the Agency will issue a certificate of fitness to Essex Terminal Railway Company which will permit it to operate its line of railway of 19.5 miles in the city of Windsor, Ontario, and, by virtue of running rights agreements, to operate over a segment of approximately 910 feet of a Canadian Pacific Railway Company main line and over a segment of approximately 0.33 miles of a Canadian National Railway Company siding, in order to access the Canadian National Railway Company Van de Water Yard, as well as over approximately 4.3 miles of trackage in the yard itself.

The Essex Terminal Railway Company shall expediently notify the Agency of (1) any incidents which result in the Essex Terminal Railway Company having to pay out, during any insurance contract term, self-insurance in excess of $250,000; (2) any third party liability claims in excess of $1 million; and (3) any change in its insurance coverage or railway operation that may alter the adequacy of the insurance coverage. Furthermore, the Essex Terminal Railway Company shall provide annually the Agency with a copy of its annual loss history and financial statements.

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