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Order No. 1991-R-239
May 16, 1991
IN THE MATTER OF a reconsideration pursuant to section 171 of the National Transportation Act, 1987,
R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), of applications by the Canadian National
Railway Company (hereinafter the applicant), for authority to abandon the operation of the Kincardine
Subdivision from Listowel (mileage 1.41) to Wingham (mileage 30.34), the Newton Subdivision from
Stratford (mileage 1.17) to Palmerston (mileage 36.62) including 1.41 miles of the Kincardine Subdivision
and the Owen Sound Subdivision from Palmerston (mileage 0.00) to Owen Sound (mileage 71.43)
(hereinafter the branch lines), a total distance of 137.22 miles, all in the Province of Ontario;
IN THE MATTER OF National Transportation Agency (hereinafter the Agency) Order No. 1991-R-58
dated February 4, 1991, which directed the applicant not to abandon the operation of the branch lines; and
IN THE MATTER OF the application by the applicant, pursuant to section 41 of the NTA, 1987, for an
Order varying Order No. 1991-R-58 to authorize abandonment of operations over the Listowel (mileage
1.41) to Wingham (mileage 30.34) segment of the Kincardine Subdivision.
File No. T 6115/492
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WHEREAS the application made pursuant to section 41 of the NTA, 1987 was received by the Agency on
February 15, 1991;
AND WHEREAS the applicant has requested that the Agency authorize abandonment of operations on the
Listowel to Wingham segment of the Kincardine Subdivision on the grounds that the major shipper on the
branch line, Premdor Inc., advised the Agency on February 14, 1991 that it no longer requires rail service
as a result of operational changes at its facility, and that this constitutes a change in the facts or
circumstances pertaining to the establishment of the authorization not to abandon the operation of this
branch line as set out in Order No. 1991-R-58;
AND WHEREAS the applicant has not requested the Agency to authorize abandonment of operations on
the Newton and Owen Sound Subdivisions;
AND WHEREAS all interested parties were given until March 21, 1991 to respond to the application made
pursuant to section 41 of the NTA, 1987 and the submission of Premdor Inc. dated February 14, 1991;
AND WHEREAS section 41 of the NTA, 1987 provides that the Agency may review, rescind or vary any
decision or order made by it if, in its opinion, since the decision or order issued, there has been a change in
the facts or circumstances pertaining to the decision or order;
AND WHEREAS the Agency has considered all of the material received and on file related to the subject
matter.
THE AGENCY HEREBY FINDS THAT:
Pursuant to section 41 of the NTA, 1987, the submission by Premdor Inc. dated February 14, 1991 wherein
it states that it no longer requires rail service, is a change in the facts and circumstances pertaining to Order
No. 1991-R-58.
As a result of the non-requirement of rail service by Premdor Inc., there is no reasonable probability of the
operation of the Listowel to Wingham segment of the Kincardine Subdivision becoming economic in the
foreseeable future.
NOW THEREFORE, IT IS ORDERED THAT:
Order No. 1991-R-58 is hereby varied pursuant to section 41 of the NTA, 1987, by authorizing the
applicant to abandon the operation of the Listowel (mileage 1.41) to Wingham (mileage 30.34) segment of
the Kincardine Subdivision.
The abandonment of operations on the above segment is to be effective thirty (30) days from the date of
this Order.
THE AGENCY HEREBY REQUESTS THAT:
The applicant advise the Agency in writing of the dates upon which:
i) the operation of this segment of the Kincardine Subdivision from Listowel to Wingham has been
abandoned, and
ii) the trackage and other facilities were removed.
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