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Version of document from 2006-03-22 to 2016-12-27:

Railway Abandonment Regulations

C.R.C., c. 1382

RAILWAY SAFETY ACT

CANADA TRANSPORTATION ACT

Regulations Respecting Applications for Abandonment of Lines of Railway under Section 106 of the Railway Act

Short Title

 These Regulations may be cited as the Railway Abandonment Regulations.

Interpretation

 In these Regulations,

Act

Act means the Railway Act; (Loi)

application

application means an application for the abandonment of a line of railway made under section 106 of the Act before or after October 1, 1968. (demande)

Application for Approval

  •  (1) An application for the approval of the abandonment of a line of railway pursuant to section 106 of the Act may be made to the Commission in such manner as the Commission may prescribe.

  • (2) Approval for the abandonment of the operations of a line of railway may be given by the Commission under section 106 of the Act in respect of any line of railway that is not listed in a schedule to an Abandonment of Branch Lines Prohibition Order.

  •  (1) An application shall contain a statement of the reasons in favour of abandonment of the particular line of railway.

  • (2) An application shall be supported by such information as the Commission requires.

 Where two or more applications are made in respect of the same area or adjoining areas as determined by the Commission, the Commission may consider these applications together as a group.

 Where an application has been received by the Commission, the Commission shall hold such hearings with respect to the application as, in its opinion, are necessary to enable all interested persons to present their views on the application.

  •  (1) Where an application is made in respect of a branch line within the meaning of section 252 of the Act, the Commission shall consider the matters referred to in subsection 254(3) of the Act.

  • (2) Where an application is made in respect of any line not referred to in subsection (1), the Commission shall, in so far as the Commission may deem appropriate, consider the matters referred to in subsection 254(3) of the Act.

  •  (1) Approval for the abandonment of the operations of any branch line within the meaning of section 252 of the Act may be given by the Commission under section 106 of the Act if the abandonment of such branch line results from flooding for a hydro-electric power development or if the branch line is made or is to be made otherwise unusable by a lawful act of a duly constituted authority.

  • (2) Section 7 does not apply in respect of an application for abandonment made under subsection (1).

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