Decision No. 435-R-2012
APPLICATION by the Canadian Pacific Railway Company pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.
On July 24, 2012, the Canadian Pacific Railway Company (CP) filed an application requesting that the Canadian Transportation Agency (Agency) rescind Order No. 2973 of the Board of Railway Commissioners for Canada dated May 17, 1907 as CP alleges that there has been a change in the facts and circumstances pertaining to that Order.
Order No. 2973 authorized CP to construct, maintain, and operate a branch line or spur in the city of Winnipeg from a point on the centre line of the Southwestern & Pembina Mountain Branch for a distance of about 1,761 feet as shown on the plan and the profile on file.
Subsequently, Order No. 119514 of the Board of Transport Commissioners for Canada dated January 5, 1966 authorized CP to remove a portion of the branch line authorized by Order No. 2973. With the current request, CP has indicated that the remaining track, authorized by Order No. 2973, is no longer required and had been dismantled several years ago.
The Agency has reviewed the application and finds, pursuant to section 32 of the Canada Transportation Act, that there has been a change in the facts and circumstances pertaining to Order No. 2973 since it was issued and that it should be rescinded.
Accordingly, Order No. 2973 is rescinded.