|January 1, 1968, Vol. 58, No. 3
|Judgments, orders, regulations and rulings (Ottawa)
Regulations governing applications to abandon the operation of branch lines under Section 314B of the Railway Act.
Interpretation Definitions 1. In these regulations, "Application" (a) "application" includes appendices thereto; "Branch Line" (b) "branch line" means a line of railway in Canada of a railway company that is subject to the jurisdiction of Parliament that, relative to a main line within the company's railway system in Canada of which it forms a part, is a subsidiary, secondary, local or feeder line of railway, and includes a part of any such subsidiary, secondary, local or feeder line of railway; "Commission" (c) "Commission" means the Canadian Transport Commission; "Committee" (d) "Committee" means the Railway Transport Committee of the Commission; "Secretary" (e) "Secretary" means the Secretary of the Commission and includes the person acting as Secretary of the Railway Transport Committee. 2. (1) These regulations govern applications for the abandonment of the operation of a branch line filed with the Committee after these regulations come into force. (2) These regulations also apply to applications for the abandon- ment of the operation of a branch line filed with the Board of Transport Commissioners for Canada or the Commission before the coming into force of these regulations and to proceedings in regard to abandonment of operation of a branch line then pending, to such extent as the Committee shall direct. Applications 3. (1) If a company desires to abandon the operation of a branch line, it shall make an application to the Committee in accordance with the General Rules of the Commission and these regulations. (2) The company shall file the application and ten copies thereof with the Secretary. Notice and Publication 4. (1) Before filing the application, the company shall request directions from the Committee for giving public notice of the application; and, unless otherwise directed by the Committee, the company shall, concurrently with the filing of the application, post a notice of the application in each station on the branch line and mail at least one copy of the application to (a) the attorney general of each province in which the line is located; (b) the members of Parliament and of the Provincial Legislature of each constituency in which the line is located; (c) the secretary or clerk of each city, town and municipality in which the line is located; and (d) such other interested parties as the Committee may specify. (2) The application, and the notice required by subsection (1) of this section, shall contain the following paragraph: In accordance with regulations of the Canadian Transport Commission, notice is hereby given that any person desiring to make submissions in respect of this application may do so by mailing them to the Secretary, Railway Transport Committee, Canadian Transport Commission, 400 Laurier Avenue, West, Ottawa, within thirty days from the date of this notice. A copy of such submissions shall also be mailed to the applicant railway company at the address set forth below, within the same period. (3) Where the line is located wholly or partly in the Province of Québec, the application and the notice thereof shall be in both the English and French languages. 5. The application shall contain: (1) the name of the subdivision and the mileages between which abandonment is proposed; (2) the names of stations on the line with mileages and approximate populations and a description of the present service; (3) a statement of the history of the line, the present physical condition and any operating restrictions; (4) a statement regarding: (a) the highway facilities in the area served by the line; (b) the distances from stations on the line to alternative stations on other lines; (c) alternative modes of transport in the area; (d) any seasonal restrictions on such alternative transport; (e) any known potential resource development in the area; (f) any services planned for the future or proposed in the event of abandonment; (g) anticipated changes in the transportation practices of those using or likely to use the line proposed for abandonments; and (h) the effect of such changes on other lines and other carriers in the area; (5) a statement on the feasibility of continuing to operate all or part of the branch line by changing the method of operation or by interconnection with other lines of the company; (6) a statement on the feasibility of continuing to operate all or part of the branch line either jointly with or as part of the system of another railway company by sale or lease of the line or segments thereof to another railway company, or by the exchange of operating or running rights between companies or otherwise, including, where necessary, the construction of connecting lines with the lines of other companies; and (7) (a) a statement showing by year for the last three consecutive financial years of the company immediately preceding the date of the application, the traffic originating and the traffic terminating at each station on the branch lines; (b) for the purposes of paragraph (a) of this subsection, when an application for abandonment of the operation of a branch line is filed prior to the 1st day of April in any year, the last three consecutive financial years of the applicant company shall be deemed to be the three consecutive financial years of the company immediately preceding the last financial year of such company. Statement of traffic, revenues and costs 6. (1) Unless otherwise directed by the Committee, concurrently with the filing of the application, the company shall also submit to the Secretary, a statement of the traffic, revenues and costs attributable to the line showing by year for the last two financial years of the company immediately preceding the date of the application: (a) the carload traffic originating and the carload traffic terminating at each station on the branch line, showing the commodities carried, the system points of origin and destina- tion and the system revenues therefrom; (b) all other revenues credited to the line; (c) the costs of operating the line and carrying the traffic originating and terminating thereon, prepared in accordance with Board of Transport Commissioners for Canada Order No. 123994. (2) The company shall also submit such other information as the Committee may request from time to time. (3) For the purposes of this section, when an application for abandonment of the operation of a branch line is filed prior to the 1st day of April in any year, the last two consecutive financial years of the applicant .company shall be deemed to be the two consecutive financial years of the company immediately preceding the last financial year of such company.