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Old Posted Nov 23, 2017, 5:10 PM
Charles5 Charles5 is offline
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Join Date: Aug 2017
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Quote:
Originally Posted by Joseph Potvin View Post
Not at all. All the existing legislation is in place, and has been for a very long time. As soon as an interprovincial railway is approved, it's covered by default under Section 92(10)(a) of the Constitution.
CTA has already ruled that sections of the Lachute subdivision (to Montebello)do not fall under Federal Jurisdiction. It is not an interprovincial railway.
https://otc-cta.gc.ca/eng/ruling/82-r-2012
CTA has already ruled on the discontinuance of the Maniwaki subdivision (to Wakefield), thus it would also not fall under Federal Jurisdiction. It is not an interprovincial railway.
https://otc-cta.gc.ca/eng/ruling/95-r-2017
I understand that the Beachburg Subdivision (to Bristol) has been officially discontinued (the tracks have been removed). It therefore is no longer under Federal Jurisdiction. It is not an interprovincial railway. I can't find a specific decision document but at link below you will see CN Rail from Nepean to Portage du Fort, miles 14.5 to 59.40 dated 2013-08-06 which I believe to be the Beachburg Subdivision.
https://otc-cta.gc.ca/eng/notices-rail-line-discontinuance

Quote:
This is also done by default under section 138 of the Canada Transportation Act. The Agency only needs to step in when a railway company fails to abide by 138.
Section 138 simply states that you "may apply" for access, and that the CTA "may grant" you access. It makes no reference to priority access, equal access, timely access, or anything of that sort, nor does it state that it "will" or "shall" grant access.
http://laws-lois.justice.gc.ca/eng/acts/C-10.4/page-20.html

Quote:
There will be multiple investors, and many risk-managed steps.
And yet not one has chosen to invest to date. MOOSE has been stuck for several years attempting to find an investor to put forward the funds for a proper feasibility study let alone for the creation of a railway company.

Quote:
Morrisons Quarry is the only current contact that wanted to go public at this stage.
I go back to a question I asked earlier which was not answered. Who pays whom in that arrangement. Is Morrison's Quarry actually going to pay a subscription fee for station rights or is it MOOSE going to be paying Morrison's for the use of its land for a trainyard.

I suspect that there will be a number of other situations where MOOSE needs the station more than the station needs MOOSE, leading to situations where MOOSE may be in the position to pay the station owner rather than the other way around.

I note in The Canada Transportation Act 138(3) that if MOOSE were to be granted access to stations owned by the another railway company then they (ie: MOOSE) "shall pay compensation".

Last edited by Charles5; Nov 23, 2017 at 7:46 PM.
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