Determination No. R-2019-158
APPLICATION by the Norfolk Southern Railway Company (NSRC), pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), to vary Certificate of Fitness No. 96003.
The NSRC applied to the Canadian Transportation Agency (Agency) to vary Certificate of Fitness No. 96003 to reflect that its railway operations will be only on the segment of the line of railway of the Canadian National Railway Company (CN), on the CN Stamford Subdivision, between mileage 0.00 in Black Rock, New York, U.S.A., and mileage 1.6 within the Fort Erie Yard, Ontario.
Paragraph 92(1)(b) of the CTA provides that the Agency shall issue a certificate of fitness for the proposed operation of a railway that does not relate to a passenger rail service if the Agency is satisfied that there will be, for the proposed operation, the applicable minimum liability insurance coverage, which includes any self-insurance, as set out in Schedule IV of the CTA.
Subsection 93(1) of the CTA provides that the Agency may, upon application, vary a certificate of fitness.
To this end, the NSRC declares itself to be in insurance category 4 of Schedule IV of the CTA. The Agency is satisfied that the NSRC holds the minimum liability insurance coverage required for the operation of the railway, in accordance with Schedule IV of the CTA. The Agency is also satisfied that the NSRC has the financial capability to sustain the amount of its self-insurance. The Agency is, as such, satisfied that the NSRC has met the liability insurance requirements for its proposed operations.
Accordingly, the Agency, pursuant to subsection 93(1) of the CTA, varies Certificate of Fitness No. 96003 as set out above.
Certificate of Fitness No. 96003-1 supersedes Certificate of Fitness No. 96003 issued to the NSRC on March 28, 2001.