March 15, 1940, Vol. 29, No. 26 Judgments, orders, regulations and rulings (Ottawa) Page 671

Application of the Canadian National Railways for an Order granting it leave to abandon the operation of a portion of the Renfrew Subdivision in the Province of Ontario between Arnprior (Mile 38.34) and Eganville (Mile 76.25)—a total distance of 37.91 miles.

39310.38

Judgment

MacPherson, Commissioner:

This application was heard at Renfrew on November 28, 1939, in the presence of Mr. A. D. McDonald for the Canadian National Railways, Mr. K. D. M. Spence for the Canadian Pacific Railway Company, and Mr. S. M. Chown for the Town of Renfrew and other towns and municipalities.

The application was made by the Canadian National Railways under Section 165 (A) of the Railway Act, 1932-33 (Can.), c. 47, s. 2 (3) of the Canadian National-Canadian Pacific Act, 1932-33, c. 33, and all other appropriate statutory provisions, for an order of the Board granting it leave to abandon the operation of that portion of its Renfrew Subdivision in the Province of Ontario between Arnprior (Mile 38.34) and Eganville (Mile 76.25), a distance of 37.91 miles.

The Canadian National Railways filed this application for abandonment with the Board on the 16th day of August, 1939, supporting the application with statements setting forth the general condition of the line in question, statements of revenue and analysis of the freight traffic for the years 1936, 1937 and 1938, a copy of the report of the C.N.R.-C.P.R. Joint Co-operative Committee (No. 29-A, dated November 21, 1938), setting forth the basis of an arrangement between the two railway companies for the abandonment of the line in question, including an estimate of the annual joint net savings, cost of physical changes necessary and the estimated salvage value, also copy of the Minute of the C.N.R.-C.P.R. Joint Executive Committee approving the aforesaid Joint Co-operative Committee Report.

This line was opened for operation in 1894. That portion of the line from Arnprior to Renfrew, a distance of 15.9 miles, was built under the charter of the Ottawa, Arnprior and Renfrew Railway Company incorporated in 1888 by Ontario Act 51 V, chapter 71. That portion of the line from Renfrew to Eganville—22.0 miles—was built under the charter of the Ottawa and Parry Sound Railway Company, incorporated in 1888 by Canada Act 51 V, chapter 65. These two companies were amalgamated in 1891 to form the Ottawa, Arnprior and Parry Sound Railway Company, which amalgamated with and under the name of the Canada Atlantic Railway Company in 1899.

Control of the Canada Atlantic Railway Company was acquired in 1904 by the Grand Trunk Railway Company of Canada, and the two companies were amalgamated in 1914 under the name of the latter company. The Grand Trunk Railway Company amalgamated with the Canadian National Railways in 1923.

Those opposing the application were ably represented by Mr. S. M. Chown.

The question of the municipalities west of Eganville being affected was discussed but as they will have access to the main line of the Canadian National and the Canadian Pacific Railway at Pembroke via Golden Lake, it is not felt that their interests will suffer.

The question of industries at Renfrew being affected was also under discussion, but as the Canadian Pacific Railway will take over all the Canadian National Railways' spurs on a lease from the Canadian National Railways, and supply this service, it is felt that they too are in no way inconvenienced to any great extent.

In the matter of highways this district is well served between Arnprior and Renfrew. King's Highway No. 17, Province of Ontario, is a paved road paralleling this part of the line proposed for abandonment. From Renfrew to Douglas is also a paved road, Douglas being the second station west of Renfrew. Eganville is served by Highway No. 41 and there is -also a paved road paralleling this line from Caldwell to Eganville. Highways Nos. 17 and 41 are maintained all year around.

The line proposed to be abandoned west of Renfrew, with the exception of Admaston, parallels the Canadian Pacific Railw^ay ^at only a distance of two to three miles, and so no place in this segment proposed to be abandoned is any more than three miles from a station on the Canadian Pacific Railway.

The passenger traffic has been shown to be decreasing over the past number of years, showing clearly that passengers from the district are either using their own cars or using the bus service.

If this application were granted there would be a joint yearly saving of $104,000, and little, if any, inconvenience to those whom this line served, and the evidence in this ease is such that I think the application should be granted.

February 22, 1940.

F. M. MacPherson.

I concur,

Hugh Wardrope.

G. A. Stone.

Railways: C.N.Rys.

Stations: Arnprior, Eganville