Decision No. 646-R-1995
September 21, 1995
September 21, 1995
APPLICATION by the Canadian National Railway Company pursuant to section 160 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) for authority to abandon the operation of the Newmarket Subdivision from Barrie (mileage 63.0) to Longford (mileage 93.0), a total distance of 30 miles, in the province of Ontario.
File No. T 6115/564
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CN
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VIA Rail Canada Inc. (hereinafter VIA Rail) operates a passenger service three days a week in each direction over the branch line to serve the community of Orillia. CN indicated that its Bala Subdivision also extends through the area of the proposed abandonment and that VIA Rail would have the option of operating its passenger service over the Bala Subdivision.
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CN also filed two letters of support with its application. Both the City of Orillia and Uniplast Industries Inc. are not opposed to the proposed abandonment on the understanding that should the Agency authorize the abandonment, CN would leave the tracks in place on the Newmarket Subdivision from Orillia (mileage 84.4) to Longford (mileage 93.0), as well as on the segment of the Midland Subdivision located in Orillia from mileage 42.54 and mileage 45.44, until March 31, 1997, and cease providing freight service over the branch line from the effective date of abandonment. The City of Orillia also indicated that it was prepared to sign road crossing maintenance agreements with respect to the crossings located on the branch line and stated that all automatic crossing protection devices would be decommissioned at CN's expense.
With respect to the environmental effects of this project, CN submitted that there are no foreseen adverse effects as only one carload of freight has originated or terminated on the branch line for a number of years and the passenger service of VIA Rail can be operated on the adjacent Bala Subdivision, which runs from Toronto to Washago.
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CONCLUSION
After consideration of all of the material received and on file, the Agency, pursuant to sections 164 and 165 of the NTA, 1987, determines that the branch line is uneconomic and that there is no reasonable probability of it becoming economic in the foreseeable future. Accordingly, the operation of the branch line must be ordered abandoned.
Section 168 of the NTA, 1987 provides that the Agency shall fix a date for the abandonment of the operation of a branch line that is not less than (30) days or more than one (1) year from the date of the abandonment order.
As VIA Rail operates a passenger service over the branch line, the Agency determines that the operation of the branch line shall be abandoned one (1) year from the date of the Order giving effect to this Decision.