Order Varying Certain National Transportation Agency Orders Respecting Railway Companies (SOR/89-488)

• 1 Sections 2 and 3 of Order No. R-38000 of April 29, 1985 are revoked and the following substituted therefor:

  • “2 The trains capable of carrying passengers and operating over the route segments listed in the schedules of the Appendix to this Order comprise “passenger-train services” for the purposes of sections 265 to 270 of the Railway Act and these services are provided, solely or jointly with other railway companies, by the following railway companies:

    • (a) Schedule I, VIA Rail Canada Inc.;

    • (b) Schedule II, Canadian National Railway Company;

    • (c) Schedule III, Algoma Central Railway;

    • (d) Schedule V, The White Pass and Yukon Corporation Limited; and

    • (e) Schedule VI, Quebec North Shore and Labrador Railway Inc.”

• 2 All that portion of the Appendix to the said Order preceding Schedule II thereof is revoked and the following substituted therefor:

  “APPENDIX TO ORDER NO. R-38000/APPENDICE DE L’ORDONNANCE N^o R-38000Schedule I/Tableau I
  
  Via Rail Canada Inc.
  

  	TRACK OWNED BY/ PROPRIÉTAIRE DE LA VOIE	MINIMUM FREQUENCY PER WEEK (EACH DIRECTION)/ FRÉQUENCE MINIMUM PAR SEMAINE (CHAQUE DIRECTION)
  SEGMENT/TRONÇON		Normal/ Normale	Peak/ Pointe	NOTES
  Halifax-Truro	CN	6	6
  Truro-Amherst	CN	6	6
  Amherst-Moncton	CN	6	6
  Moncton-Campbellton	CN	3	3
  Campbellton-Matapédia	CN	3	3
  Gaspé-Matapédia	CN	3	3
  Matapédia-Mont-Joli	CN	6	6
  Mont-Joli-Charny	CN	6	6
  Sainte-Foy-Charny	CN	14	14
  Charny-Saint-Hyacinthe	CN	27	27
  Moncton-Saint John	CN	3	3
  Saint John-Fredericton Junction	CP	3	3
  Fredericton Junction-Sherbrooke	CP	3	3
  Sherbrooke-Saint-Hyacinthe	CN	3	3
  Saint-Hyacinthe-Montréal	CN	28	28
  Montréal-Hervey Jct.	CN	6	6
  Hervey Jct.-Senneterre	CN	3	3
  Senneterre-Cochrane	CN	3	3
  Hervey-Rivière-à-Pierre	CN	3	3
  Rivière-à-Pierre-Chambord	CN	3	3
  Chambord-Jonquière	CN	3	3
  Montréal-Ottawa	CN	21-22	21-22	Westward-eastward (via Alexandria)/en direction ouest-en direction est (via Alexandria)
  Montréal-Brockville	CN	35	35
  Ottawa-Smith Falls	CN	19	19
  Smith Falls-Brockville	CP	19	19
  Brockville-Kingston	CN	35	35
  Kingston-Toronto	CN	35	35
  Toronto-Hamilton	CN	14	14
  Hamilton-Niagara Falls	CN	14	14
  Toronto-London (via Brantford)	CN	30	30
  London-Windsor	CN	28	28
  London-Sarnia	CN	14	14
  Toronto-Stratford	CN	14	14
  Stratford-London	CN	14	14
  Sudbury-White River	CP	3	3
  Toronto-Barrie	CN	3	3
  Barrie-Washago	CN	3	3
  Washago-South Parry	CN	3	3
  South Parry-Capreol	CN	3	3
  Capreol-Hornepayne	CN	3	3
  Hornepayne-Nakina	CN	3	3
  Nakina-Armstrong	CN	3	3
  Armstrong-Sioux Lookout	CN	3	3
  Sioux Lookout-Farlane	CN	3	3
  Farlane-Winnipeg	CN	3	3
  Winnipeg-Saskatoon	CN	3	3
  Saskatoon-Edmonton	CN	3	3
  Edmonton-Jasper	CN	3	3
  Jasper-Kamloops Jct.	CN	3	3
  Kamloops Jct.-Vancouver	CN	3	3	CP, Matsqui-Sapperton
  Winnipeg-Dauphin	CN	3	3
  Dauphin-Hudson Bay (via Reserve)	CN	3	3
  Hudson Bay-The Pas	CN	3	3
  The Pas-Wabowden	CN	3	3
  Wabowden-Sipiwesk	CN	4	4
  Sipiwesk-Thompson	CN	6	6
  Sipiwesk-Gillam	CN	4	4
  Gillam-Churchill	CN	4	4
  The Pas-Lynn Lake	CN	3	3
  Jasper-Prince Rupert	CN	3	3

• 1 Section 2 of Order No. R-41255 of November 12, 1987 is revoked and the following substituted therefor:

  • • “2 (1) VIA Rail Canada Inc., CN and CP shall not discontinue the operation of the following passenger-train services:

      • (a) the Montréal-Québec via Drummondville portion of the Montréal-Québec via Drummondville and via Trois-Rivières service;

      • (b) Montréal-Ottawa;

      • (c) Montréal-Toronto;

      • (d) Ottawa-Toronto;

      • (e) Toronto-Sarnia;

      • (f) Toronto-Windsor; and

      • (g) Toronto-Niagara Falls.

    • (2) Via Rail Canada Inc., CN and CP shall discontinue the operation of the following passenger-train services effective January 15, 1990:

      • (a) the Montréal-Québec via Trois-Rivières portion of the Montréal-Québec via Drummondville and via Trois-Rivières service;

      • (b) Kingston-Toronto;

      • (c) Toronto-Stratford;

      • (d) Toronto-London via Stratford; and

      • (e) Toronto-London via Brantford.”

• 1 Section 2 of Order No. R-39638 of August 6, 1986 as amended by Order No. 1988-R-398 of April 29, 1988, is revoked and the following substituted therefor:

  • • “2 (1) VIA Rail Canada Inc., CN and CP shall not discontinue the operation of the following passenger-train services:

      • (a) Halifax-Montréal;

      • (b) Moncton-Montréal;

      • (c) Gaspé-Montréal;

      • (d) Jonquière-Montréal;

      • (e) Montréal-Cochrane;

      • (f) the Toronto-Sudbury portion of the Montréal/Toronto-Vancouver service;

      • (g) Capreol-Winnipeg;

      • (h) Sudbury-White River; and

      • (i) Winnipeg-Churchill.

    • (2) VIA Rail Canada Inc., CN and CP shall discontinue the operation of the following passenger-train services effective January 15, 1990:

      • (a) Halifax-Yarmouth;

      • (b) Halifax-Saint John; and

      • (c) the Montréal-Ottawa, Ottawa-North Bay, North Bay-Sudbury, Sudbury-White River, White River-Thunder Bay, Thunder Bay-Winnipeg, Winnipeg-Regina, Regina-Calgary, Calgary-Kamloops, and Kamloops-Vancouver segments of the Montréal/Toronto-Vancouver service.

    • (3) VIA Rail Canada Inc. and CN shall extend the Moncton-Montréal passenger-train service to Moncton-Halifax effective January 15, 1990.”

• 1 Section 1 in respect of Canadian National Railways of Order No. R-24328 of February 4, 1977, as amended by Order Nos. R-28953 and R-28954 of June 28, 1979 and Order in Council P.C. 1981-2171 of August 6, 1981Footnote ¹, is revoked and the following substituted therefor:

  • Return to footnote ¹SOR/81-892, 1981 Canada Gazette Part II, p. 3352

  • “1 Canadian National Railways and VIA Rail Canada Inc. shall discontinue the following passenger-train services effective January 15, 1990:

    • (a) Matapédia-Gaspé; and

    • (b) Sydney-Truro-Halifax.”

• 1 Section 1 of Order No. R-41065 of August 28, 1987 is revoked and the following substituted therefor:

  • “1 VIA Rail Canada Inc. and CN shall discontinue operation of the passenger-train service Toronto-North Bay-Kapuskasing effective January 15, 1990.”

• 1 Section 1 of Order No. R-36619 of May 3, 1984 is revoked and the following substituted therefor:

  • “1 The Applicant shall, effective January 15, 1990, discontinue the Winnipeg-Regina passenger-train service.”

• 2 Section 3 of the said Order is revoked and the following substituted therefor:

  • “3 The Applicant shall, effective January 15, 1990, reduce the frequency of the Winnipeg-Saskatoon via Melville passenger-train service to three times per week in each direction.”

P.C. 1990-21  11 January, 1990 (SOR/90-76)

Whereas the Railway Transport Committee of the Canadian Transport Commission, pursuant to Order No. R-36539 of April 11, 1984, ordered Canadian Pacific Limited (Esquimalt and Nanaimo Railway Company) and VIA Rail Canada Incorporated not to discontinue the operation of the passenger-train service;

Whereas, pursuant to subsection 272(7) of the National Transportation Act, 1987Footnote ^*, orders made by the Canadian Transport Commission before the coming into force of section 272 of the said Act continue in force as if the orders were made by the National Transportation Agency;

Whereas Her Excellency the Governor General in Council, by Order in Council P.C. 1989-1974 of October 4, 1989Footnote ^**, varied National Transportation Agency Order No. R-36539 of April 11, 1984 in order to discontinue the operation of the Victoria-Courtenay passenger-train service effective January 15, 1990;

Whereas, by way of petition brought by the Attorney General of British Columbia seeking a declaration that Her Majesty the Queen in right of Canada has a perpetual obligation to maintain passenger and freight rail service on the line of railway known as the Esquimalt and Nanaimo railway line operated by VIA Rail Canada Incorporated on behalf of Canadian Pacific Limited between Victoria and Courtenay, the Supreme Court of British Columbia declared on December 28, 1989 that Her Majesty the Queen in right of Canada has perpetual obligation to Her Majesty the Queen in right of the Province of British Columbia to ensure that passenger and freight rail service is maintained over that part of the Esquimalt and Nanaimo railway line between Victoria and Nanaimo;

Whereas the Attorney General of Canada has given notice to the Attorney General of British Columbia of the intention to appeal the declaration made on December 28, 1989 by the Supreme Court of British Columbia to the Supreme Court of Canada;

And Whereas, pursuant to section 64 of the National Transportation Act, 1987Footnote ^*, the Governor in Council may, on the Governor in Council’s own motion, vary any orders of the National Transportation Agency;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 64 of the National Transportation Act, 1987Footnote ^* is pleased hereby

• (a) to revoke Schedule VII to Order in Council P.C. 1989-1974 of October 4, 1989Footnote ^**; and

• (b) to vary National Transportation Agency Order No. R-36539 of April 11, 1984, effective January 15, 1990 until a subsequent order is made following the completion of the appeal process through the courts, by revoking the last clause thereof and substituting therefor the following:

  • Return to footnote ^**SOR/89-488, 1989 Canada Gazette Part II, p. 4350

  • “1 Canadian Pacific Limited, on behalf of the Esquimalt and Nanaimo Railway Company, and VIA Rail Canada Incorporated to continue the operation of the Victoria-Nanaimo portion of the Victoria-Courtenay passenger-train service, effective January 15, 1990, in accordance with the following:

    Segment	Track owned by	Normal	Peak
    Victoria-Nanaimo	EN	6	6

  • 2 Canadian Pacific Limited, on behalf of the Esquimalt and Nanaimo Railway Company, and VIA Rail Canada Incorporated to discontinue the operation of the Nanaimo-Courtenay portion of the Victoria-Courtenay passenger-train service, effective January 15, 1990.”

P.C. 1994-2106  14 December, 1994  (SOR/94-788)

Whereas Order No. R-38000 of April 29, 1985 and Order No. R-39638 of August 6, 1986 were made by the Railway Transport Committee of the Canadian Transport Commission as it existed on the day immediately before the coming into force of section 272 of the National Transportation Act, 1987Footnote ^*;

Whereas, pursuant to subsection 272(7) of that Act, orders made by the Canadian Transport Commission continue in force as if the orders were made by the National Transportation Agency;

Whereas the abandonment of the Canadian Atlantic Railway, on January 1, 1995, requires variance of Order No. R-38000 of April 29, 1985 and Order No. R-39638 of August 6, 1986 to effect changes to VIA Rail Canada Inc.’s eastern transcontinental services;

And Whereas, pursuant to section 64 of the National Transportation Act, 1987Footnote ^*, the Governor in Council may, on the Governor in Council’s own motion, vary any order of the National Transportation Agency;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 64 of the National Transportation Act, 1987Footnote ^*, is pleased hereby to vary, effective December 17, 1994, Order No. R-38000 of April 29, 1985 and Order No. R-39638 of August 6, 1986 of the National Transportation Agency, in accordance with the schedule hereto.

• Return to footnote ^*R.S., c. 28 (3rd Supp.)