Decision No. 396-R-2007

August 9, 2007

August 9, 2007

APPLICATION by the Canadian Pacific Railway Company pursuant to paragraph 93(1)(c) of the Canada Transportation Act, S.C., 1996, c. 10, as amended, for a variance to its certificate of fitness to reflect recent changes in railway operations or circumstances relating to those operations by removing reference to the Esquimalt and Nanaimo Railway Company from the list of subsidiaries, associated or affiliated railway companies listed in Appendix A of Certificate of fitness No. 96001-2.

File No. R 8005/C1


On June 14, 2007, the Canadian Pacific Railway Company (hereinafter CP) applied to the Canadian Transportation Agency (hereinafter the Agency) for a variance to its certificate of fitness as set out in the title.

Subsection 92(1) of the Canada Transportation Act (hereinafter the CTA) states that the Agency shall issue a certificate of fitness for the operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage for the operation.

Paragraph 93(1)(c) of the CTA provides that the Agency, upon application, may vary a certificate of fitness to reflect a change in railway operations or circumstances relating to those operations.

In this matter, CP states that Esquimalt and Nanaimo Railway Company (hereinafter the E&N) was dissolved by way of voluntary dissolution under the British Columbia Business Corporations Act on February 16, 2007, at 4 p.m. Pacific time. Prior to its voluntary dissolution, all of its railway assets were transferred to an arm's length third party in British Columbia for continued use. As a result, no changes to any operating orders or directions are required.

With respect to the adequacy of the insurance coverage, the Agency has reviewed the material on file and finds that there is adequate third party liability insurance coverage, including self-insurance for the operations by CP and its subsidiaries, associated and affiliated railway companies listed in Appendix A.

Accordingly, pursuant to paragraph 93(1)(c) of the CTA, the Agency hereby varies Certificate of fitness No. 96001-2 issued on February 24, 2005, by removing E&N from Appendix A, which also forms part of this Decision.

Certificate of fitness No. 96001-3 supersedes Certificate of fitness No. 96001-2 issued to CP on February 24, 2005.

Members

  • Beaton Tulk
  • J. Mark MacKeigan

Canadian Pacific Railway Company: Appendix A

  • Aroostook River Railroad Company
  • Atlantic and North-West Railway Company
  • Calgary and Edmonton Railway Company, The
  • Dominion Atlantic Railway Company, The
  • Grand River Railway Company, The
  • Houlton Branch Railroad Company, The
  • International Railway Company, The
  • International Railway Company of Maine
  • Kingston and Pembroke Railway Company, The
  • Lake Champlain and St. Lawrence Junction Railway Company, The
  • Lake Erie and Northern Railway Company, The
  • Manitoba and North Western Railway Company of Canada
  • Massawippi Valley Railway Company
  • Missisquoi Valley Railway Company
  • Montreal and Atlantic Railway Company, The
  • Mount Stephen Properties Inc.
  • Napierville Junction Railway Company
  • Quebec and Western Railway Company
  • St. Lawrence and Ottawa Railway Company, The
  • Saskatchewan and Western Railway Company, The
  • Toronto, Hamilton and Buffalo Railway Company Limited, The
  • West Ontario Pacific Railway Company, The
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