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

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.)