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a) April 13, 2007

APPLICATION by the Corporation of the City of Ottawa carrying on business as Capital Railway pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, for rescission of Decision Nos. 474-R-2006 dated August 31, 2006 and 637-R-2006, dated November 17, 2006.

File Nos. R 8045/O1
R 8045/O1-1

On January 25, 2007, the Corporation of the City of Ottawa carrying on business as Capital Railway (hereinafter Capital Railway) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.

In its Decision No. 474-R-2006 dated August 31, 2006, the Agency approved the proposed construction of a North-South light rail transit line from the Mackenzie King Bridge to Woodroffe Avenue, in the city of Ottawa.

In its Decision No. 637-R-2006 dated November 17, 2006, the Agency approved the proposed construction of a North-South light rail transit line from Woodroffe Avenue to the future Barrhaven Town Centre, in the city of Ottawa.

According to Capital Railway, on December 14, 2006, the City of Ottawa Council voted to terminate the North-South Light Rail Transit Project Agreement and not proceed with the plan to construct the North-South Light Rail Transit Project from the Mackenzie King Bridge to Woodroffe Avenue and from Woodroffe Avenue to the future Barrhaven Town Centre.

Pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), the Agency may review, rescind or vary a decision if, in the opinion of the Agency, since the issuance of the decision, there has been a change in the facts or circumstances pertaining to that decision.

The Agency has reviewed the application and finds, pursuant to section 32 of the CTA, that there has been a change in the facts and circumstances pertaining to Decision Nos. 474-R-2006 and 637-R-2006 since they were issued and that this change warrants the rescission of both decisions.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby rescinds Decision Nos. 474-R-2006 dated August 31, 2006 and 637-R-2006 dated November 17, 2006.

Members
* Gilles Dufault
* Baljinder Gill

b) Decision No. 283-R-2007

June 6, 2007

APPLICATION by the Corporation of the City of Ottawa carrying on business as Capital Railway, pursuant to subsection 93(1) of the Canada Transportation Act, S.C., 1996, for a variance of Certificate of fitness No. 00002-2 to reflect the change in circumstances pertaining to the termination of the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

File No. R 8005/C6

On February 20, 2007, the Corporation of the City of Ottawa carrying on business as Capital Railway (hereinafter the City of Ottawa) has applied to the Canadian Transportation Agency (hereinafter the Agency) for the variance set out in the title.

Further to the application, the Agency was advised that the name on the certificate of fitness should be amended to reflect the "City of Ottawa" in lieu of the "Corporation of the City of Ottawa".

Subsection 92(1) of the Canada Transportation Act (hereinafter the CTA) states that the Agency shall issue a certificate of fitness for the proposed construction or operation of a railway if the Agency is satisfied that there is adequate liability insurance coverage for the proposed construction or operation, as determined in accordance with the regulations.

Pursuant to Decision No. 635-R-2006 dated November 17, 2006, Certificate of fitness No. 00002-2 was issued to the City of Ottawa permitting the improvements and operation of a railway for the purposes of operating a light rail commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north; and permitting the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

In its application, the City of Ottawa states that on December 14, 2006, Ottawa City Council voted to terminate the North-South Light Rail Transit Project Agreement and not proceed with the plan to construct the north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre. Therefore, the City of Ottawa requests that all reference to the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre be removed from its certificate of fitness due to the change of circumstances.

The City of Ottawa submits that it will continue to operate the light rail
commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north. A certificate of insurance was filed as part of its application.

Paragraph 93(1)(c) of the CTA provides that the Agency may, on application, vary a certificate of fitness to reflect a change in railway operations or circumstances relating to those operations.

With respect to the adequacy of the insurance coverage, the Agency has reviewed the information filed and is satisfied that the City of Ottawa has adequate third party liability insurance coverage, including self-insurance, for the operation of the light rail commuter service, also known as the O-Train, in the provinces of Ontario and Quebec, serving five stations from Greenboro Station in the south to Bayview Station in the north.

Accordingly, the Agency, pursuant to paragraph 93(1)(c) of the CTA, hereby varies Certificate of fitness No. 00002-2 by removing the reference to the proposed construction of a north-south light rail transit system from the University of Ottawa to the Barrhaven Town Centre.

Certificate of fitness No. 00002-3 which is issued pursuant to this Decision supersedes Certificate of fitness No. 00002-2 dated November 17, 2006.

Members
* Gilles Dufault
* Beaton Tulk