Decision No. 64-R-2014

February 21, 2014

APPLICATION by the Canadian National Railway Company, on behalf of The Toronto Terminals Railway Company Limited, pursuant to section 93 of the Canada Transportation Act, S.C., 1996, c. 10, as amended.

File No.: 
R8005/T2

The Canadian National Railway Company (CN) applied, on behalf of The Toronto Terminals Railway Company Limited (TTR), to the Canadian Transportation Agency (Agency) to vary Certificate of Fitness No. 99002-1 to permit TTR to conduct switching operations for CN and the Canadian Pacific Railway Company (CP) at TSI Terminal System Inc.’s Deltaport terminal in Delta, British Columbia and between mileages 17.4 and 24.1 of BCR Port Subdivision Ltd.

The Certificate of Fitness issued to TTR permits it to operate a railway in Toronto, in the province of Ontario, and switching operations for CN and CP at TSI Terminal System Inc.’s Deltaport terminal in Delta, and between mileages 17.4 and 23.4 of BCR Port Subdivision Ltd.

TTR is a federal railway company jointly owned by CN and CP.

Subsection 92(1) of the Canada Transportation Act (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 third party liability insurance coverage.

With respect to the adequacy of the third party liability insurance coverage, the Agency has examined CN’s and CP’s certificates of insurance demonstrating that TTR has third party liability insurance coverage in respect of its railway operations in the provinces of Ontario and British Columbia.

In addition, the Agency has examined TTR’s capability to pay the amount of the self-insurance based on CN’s and CP’s financial information.

The Agency is satisfied that there is adequate third party liability insurance coverage, including self-insurance, for TTR’s railway operations.

Accordingly, the Agency, pursuant to subsection 93(1) of the CTA, varies Certificate of Fitness No. 99002-1 as set out above.

Certificate of Fitness No. 99002-2 supersedes Certificate of Fitness No. 99002‑1 issued to TTR on February 26, 2008.

Member(s)

Geoffrey C. Hare
Sam Barone
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