Decision No. 3-R-2016
CN applied to the Canadian Transportation Agency (Agency) to vary Certificate of Fitness No. 97001-7 to remove the reference to the Shawinigan Terminal Railway Company (STRC) in the Appendix to its certificate of fitness.
In its application, CN requests that the reference to the STRC be removed in the Appendix to its Certificate of Fitness No. 97001-7. STRC was an operating company jointly owned by CN and the Canadian Pacific Railway Company (CP). On October 8, 2013, STRC was voluntarily dissolved. After this date, CN and CP resumed serving their respective customers on their own lines. CN provided a copy of a document issued by the Registraire des entreprises Québec indicating that the STRC was dissolved on October 8, 2013.
CN is a railway company under the CTA by virtue of Certificate of Fitness No. 97001-7 dated July 27, 2011, which permits CN and all of its subsidiaries, wholly-owned or not, as set out in the Appendix, to operate or construct railways in Canada.
Subsection 92(1) of the CTA provides that the Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage, as determined in accordance with the Railway Third Party Liability Insurance Coverage Regulations, SOR/96-337.
Section 93 of the CTA provides that the Agency may, upon application, vary a certificate of fitness.
The liability insurance requirement is an ongoing requirement and the Agency must be satisfied that a company operating a railway under federal jurisdiction continues to have adequate liability insurance coverage, including self-insurance.
With respect to the adequacy of the liability insurance coverage, the Agency is satisfied that there continues to be adequate third-party liability insurance coverage, including self-insurance, for the operations of CN and all of its subsidiaries, wholly-owned or not, as set out in the Appendix.
Accordingly, the Agency, pursuant to subsection 93(1) of the CTA, varies Certificate of Fitness No. 97001-7 by deleting the reference to the STRC in the Appendix to its certificate of fitness.
Certificate of Fitness No. 97001-8 supersedes Certificate of Fitness No. 97001‑7 issued to CN on July 27, 2011.
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