The Board of Transport
Commissioners for Canada
Commission des Transports
du Canada

Order no. 57141

Wednesday, the 8th of
March, A.D. 1939

In the matter of the joint application of the Canadian Pacific Railway Company and the Canadian National Railway Company (a), under Section 165A of the Railway Act and Section 2, subsection 3, of The Canadian National-Canadian Pacific Act, 1933, for approval of the abandonment of operation of that portion of the Canadian Pacific Railway Company's Listowel Subdivision commencing at Linwood, mileage 0.3, and thence in a north and westerly direction to Listowel, mileage 16.5; (b), under Sections 181, 182, 252, and 256 of the Railway Act, for an Order authorizing the Canadian National Railway Company to construct, maintain, and operate a branch line of railway from mileage 26.54 of their Newton Subdivision to mileage 16.5 of the Canadian Pacific Railway Company's Listowel Subdivision, as shown on the plan, profile, and book of reference combined No. C-8690 dated Toronto, August 12, 1937, on file with the Board under file No. 39309.12; and (c), under Section 16, subsection 5, of The Canadian National-Canadian Pacific Act, 1933, for approval of agreement dated January 15, 1938, between the said Companies.

39309.12

Hugh Guthrie
Chief Commissioner

Hugh Wardrope
Assistant Chief Commissioner

J. A. Stoneman
Commissioner

G. A. Stone
Commissioner

Upon hearing the application at the sittings of the Board held at Listowel, November 22, 1938, in the presence of Counsel for the Canadian Pacific Railway Company, the Canadian National Railways, and the Town of Listowel and representatives of the Townships of Mornington and Elma, and what was alleged; publication of notice of the application being hereby dispensed within is ordered as follows:—

  1. That the abandonment of operation of that portion of the Canadian Pacific Railway Company's Listowel Subdivision commencing at Linwood mileage 0.3, and thence in a north and westerly direction to Listowel mileage 16.5, be, and it is hereby, approved, subject, as to that portion between mileage 15.88 and mileage 16.5 to the provisions of the said agreement dated January 15, 1938 between the Canadian National Railway Company and the Canadian Pacific Railway Company, on file with the Board under file No. 39309.12.
  2. That the Canadian National Railway Company be, and it is hereby authorized to construct, maintain, and operate a branch line from mileage 26.54 of its Newton Subdivision to mileage 16.5 of the Canadian company Pacific Railway s Listowel Subdivision, and to cross Reserve Street at Listowel Ontario, as shown on the said plan, profile, and book of reference combined on file with the Board under file No. 39309.12.
  3. That the proposed branch line be constructed and completed within six months from the date of this Order; and that the proposed highway crossing be constructed m accordance with the Standard Regulations of the Board Affecting Highway Crossings.
  4. That the said Agreement between the Canadian National Railway Company and the Canadian Pacific Railway Company, dated January 15, 1938 including plan dated Montréal, November 24, 1937, showing the proposed connection of the tracks of the Canadian National Railway Company with tracks of the Canadian Pacific Railway Company and the Canadian Pacific facilities at Listowel, Ontario, to be leased to the Canadian National Railway Company, be, and it is hereby, approved.

Hugh Guthrie
Chief Commissioner,
The Board of Transport Commissioners for Canada.