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CANADA
TRANSPORT COMMISSIONERS
JUDGMENTS
vol. 48-49
1958-60
LIBRARY
751954
UNIVERSITY OF TORONTO
transport Commissioner* for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, APRIL 1. 1958 No. 1 W
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mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of Order of the Board No. 91181, dated March 14, 1957, authorizing
the construction of an overhead bridge, to replace the existing level
crossing, across the right-of-ways of the Canadian Pacific Railway Com-
pany and the Canadian National Railways at D'Arcy Street in the Town
of Cobourg in the Province of Ontario:
And in the matter of the apportionment of the balance of cost of construction
as well as the cost of future maintenance, as reserved by the said Order.
File No. 3701.283
Heard at Cobourg, Ontario, January 15, 1958.
Before:
Clarence D. Shepard, Q.C., Chief Commissioner.
Frank M. MacPherson, Commissioner.
Appearances:
Mayor J. D. Burnet, representing the Town of Cobourg.
D. A. Gorrie, representing the Ontario Department of Highways.
W. G. Boyd, for the Canadian National Railways.
F. E. Dent, for the Canadian Pacific Railway Company.
JUDGMENT
MacPherson, Commissioner:
This is an application of the Town of Cobourg for the apportionment of
costs of constructing an overhead bridge at D'Arcy Street to replace the level
crossing, and the closing of Cottesmore Avenue.
Under Board Order No. 91181, dated March 14, 1957, authority was granted
for the construction of an overhead bridge, to replace the existing level crossing,
across the right-of-ways of the Canadian Pacific Railway Company and the
Canadian National Railways at D'Arcy Street in the Town of Cobourg.
Apportionment of the balance of cost of construction, as well as the cost of
future maintenance, reserved by the said Order.
53755-5—1
1
2
On February 20, 1957, a Conference of the parties interested in this project
was held in Cobourg, consisting of representatives of the Canadian Pacific
Railway Company, the Canadian National Railways, together with represen-
tatives of the Town of Cobourg and the Ontario Department of Highways,
under the chairmanship of Commissioner H. B. Chase. Following discussion
at this conference, it was decided to proceed with an overhead bridge to
eliminate the D'Arcy Street level crossing, and in addition to close Cottesmore
Avenue at the same time.
The estimated cost of the bridge as advanced by Mr. C. A. Meadows,
Consulting Engineer retained by the Town of Cobourg, was placed at $400,000,
to which the Board agreed by Order No. 91181, dated March 14, 1957, to
contribute sixty percent of the estimated cost of the structure, or $240,000,
leaving to this hearing the apportionment of the balance of the cost of the
structure and the division of maintenance charges as between the Canadian
Pacific Railway Company, the Canadian National Railways, and the Town
of Cobourg.
In evidence the Canadian National Railways agreed to contribute $20,000
on account of the D'Arcy Street crossing, and if the Cottesmore Avenue was
closed they were agreeable to a further contribution of $5,000, making a total
of $25,000. The Canadian Pacific Railway Company placed their contribution
as towards the D'Arcy Street crossing at $6,600, plus a further amount of $1,800,
providing Cottesmore Avenue was closed, altogether making a total contribution
from the Canadian Pacific Railway Company of $8,400. Both railways stated
that these contributions were agreed on if no charge of maintenance was made
on the railways. The suggested contribution of the railways represented a
capitalized benefit of the two crossings. The Canadian Pacific Railway Com-
pany in regard to D'Arcy Street separation asked that space for a fourth track
be considered. If constructed, this would mean that both railways would have
the same number of tracks.
During the hearing the Ontario Department of Highways' Engineer
expressed interest in the overhead crossing, and the Town of Cobourg filed
a copy of By-law No. 2193 of the Corporation of the Town of Cobourg,
authorized by the Ontario Municipal Board Order P.F.D. 8973-57, which gave
them authority to obtain money for the Town's share.
A review of the file and evidence in this case leads me to conclude that
except for the construction of a large army ordnance depot and subsequent
housing developments north of the crossings in question, this project would
not have been necessary. Because of the presence of these developments,
electrically operated manually controlled short arm gates would have been the
only alternative to the project now authorized. In 1955, it was estimated that
such protection would have cost $14,200 for installation, $11,000 annually for
gatesmen's wages, and $900 for annual maintenance, thus making the overhead
bridge more desirable from an economic point of view.
Therefore, bearing in mind all relevant considerations, with regard to the
apportionment of costs of the overhead bridge at D'Arcy Street and the closing
of Cottesmore Avenue, to which the Board has already authorized . a con-
tribution from The Railway Grade Crossing Fund of $240,000, as shown above,
I would apportion the balance of the cost of $160,000 as follows:
$25,000 on the Canadian National Railways;
$25,000 on the Canadian Pacific Railway Company;
the balance to be paid by the Town of Cobourg.
Cost of maintenance of the said overhead bridge shall be borne and paid
$50.00 per annum by the Canadian Pacific Railway Company and $50.00 per
annum by the Canadian National Railways, and the balance by the Town of
Cobourg.
3
The cost of removal and relocation of the plant and equipment of the
Hydro-Electric Power Commission of Ontario, or The Bell Telephone Company
of Canada, necessitated by the construction of the said grade separation, shall
be borne and paid initially by the Commission or Company owning or operating
the said plant and equipment, subject to any further order in respect thereto
the Board may make following review of its rule of practice respecting removal
of plants of public utilities at grade separations.
Order to issue.
February 12, 1958.
FRANK M. MACPHERSON
I concur:
Clarence D. Shepard
ORDER No. 93633
In the matter of Order of the Board No. 91181, dated March 14, 1957, authorizing
the construction of an overhead bridge, to replace the existing level
crossing, across the right of ways of the Canadian Pacific Railway Com-
pany and the Canadian National Railways at D'Arcy Street in the Town
of Cobourg, in the Province of Ontario:
And in the matter of the apportionment of the balance of the cost of construc-
tion as well as the cost of future maintenance, as reserved by the said Order:
Thursday, the 13th day of February, A.D. 1958
File No. 3701.283
Clarence D. Shepard, Q.C., Chief Commissioner.
Frank M. MacPherson, Commissioner.
Upon hearing the matter at a sitting of the Board held in Cobourg, Ontario,
in the presence of Counsel for the Canadian National Railways, the Canadian
Pacific Railway Company and representatives of the Department of Highways
of the Province of Ontario and the Town of Cobourg —
It is hereby ordered as follows:
1. The remainder of the cost of construction of the said overhead bridge,
after the grant from The Railway Grade Crossing Fund provided by the said
Order No. 91181, shall be borne and paid as follows: $25,000.00 by the Canadian
National Railways, $25,000.00 by the Canadian Pacific Railway Company and
the balance by the Town of Cobourg.
2. The cost of maintenance of the said overhead bridge shall be borne and
paid $50.00 per annum by the Canadian National Railways and $50.00 per
annum by the Canadian Pacific Railway Company, and the balance by the
Town of Cobourg.
3. The cost of removal and relocation of the plant and equipment of The
Hydro-Electric Power Commission of Ontario or The Bell Telephone Company
of Canada, necessitated by the construction of the said grade separation, shall
be borne and paid initially by the Commission or Company owning or operating
the said plant and equipment, subject to any further order in respect thereto
the Board may make following review of its rule of practice respecting removal
of plants of public utilities at grade separations.
CLARENCE D. SHEPARD,
Chief Commissioner.
53755-5—2
4
P.C. 1958—305
AT THE GOVERNMENT HOUSE AT OTTAWA
Tuesday, the 18th day of February, 1958.
present:
His Excellency
The Governor General in Council:
His Excellency the Governor General in Council, pursuant to section 53
of the Railway Act, in order to provide further time for the determination of
the appeal to the Governor in Council to rescind Order No. 93265 of the Board
of Transport Commissioners for Canada of 27th December, 1957, made by the
governments of the Provinces of British Columbia, Alberta, Saskatchewan,
Manitoba, Nova Scotia, New Brunswick, Prince Edward Island and Newfound-
land, is pleased hereby to vary the said Order of the Board of Transport
Commissioners for Canada (as varied by Order in Council of 7th January,
1958, P.C. 1958-24) by deleting the words "March 1, 1958" from paragraph 2
thereof and substituting therefor the words "May 1, 1958".
Certified to be a true copy
R. B. BRYCE,
Clerk of the Privy Council.
P.C. 1958-306
AT THE GOVERNMENT HOUSE AT OTTAWA
Tuesday, the 18th day of February, 1958.
present:
His Excellency
The Governor General in Council:
His Excellency the Governor General in Council, pursuant to section 53
of the Railway Act, in order to provide further time for the determination of
the appeal dated 20th January, 1958, to the Governor in Council to rescind
Order No. 93401 of the Board of Transport Commissioners for Canada of
10th January, 1958, made by certain municipalities in the Provinces of Ontario
and Quebec, is pleased hereby to vary the said Order of the Board of Transport
Commissioners for Canada (as varied by Order in Council of 24th January,
1958, P.C. 1958-111) by deleting from the second paragraph thereof the words
"March 1, 1958", and substituting therefor the words "May 1, 1958".
Certified to be a true copy
R. B. BRYCE,
Clerk of the Privy Council.
5
ORDER No. 93742
In the matter of the application of Mid-Continent Pipelines Limited, hereinafter
called the "Applicant", under the Pipe Lines Act, for an Order granting
it leave to construct a pipe line for the transportation of gas from a point
in Section 13, in Township 13 in Range 1, west of the 4th Meridian, in
the Province of Alberta, approximately one-half mile west of the
Alberta- Saskatchewan boundary to a point in Section 14, in Township 13,
in Range 30, west of the 3rd Meridian, in the Province of Saskatchewan,
approximately one-half mile east of the Saskatchewan- Alberta boundary:
File No. 45371.24.1
Wednesday, the 26th day of February, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sitting of the Board held in Ottawa on
February 26, 1958, in the presence of Counsel for the Applicant and for
Saskatchewan Power Corporation, and pursuant to oral judgment given at the
said sitting —
It is ordered that leave be, and it is hereby, granted to the Applicant to
construct a pipe line consisting of one or more lines of pipe for the transporta-
tion of gas from a point in Section 13, in Township 13, in Range 1, west of the
4th Meridian, in the Province of Alberta, approximately one-half mile west
of the Alberta-Saskatchewan boundary to a point in Section 14, in Township 13,
in Range 30, west of the 3rd Meridian, in the Province of Saskatchewan,
approximately one-half mile east of the Saskatchewan-Alberta boundary, the
general location of the pipe line being as shown on the plan dated January 20,
1958, on file with the Board under file No. 45371.24.1.
CLARENCE D. SHEPARD,
Chief Commissioner.
53755-5— 2i
6
ORDER No. 93746
In the matter of the application of E. E. Cooper of Fort Nelson, British
Columbia, hereinafter called the (< Applicant", for a licence, under
section 10 of The Transport Act, 1938:
File No. 42076.50
Thursday, the 27th day of February, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence C.T.C. (W.T.) 340 is issued to the Applicant for the period of one
year terminating on the 9th day of February, 1959, licensing the following
ships, namely:
Official Registry Gross
Vessel Name Number Tonnage
Barge No. 101 Not registered 25 (est.)
Barge No. 102 Not registered 25 (est.)
to transport goods by water between all ports and places on the Nelson and
Liard Rivers situated between Fort Nelson, British Columbia, and Fort Simpson,
N.W.T. inclusive.
HUGH WARDROPE,
Assistant Chief Commissioner.
7
ORDER No. 93763
In the matter of the Regulations for the Transportation of Explosives and
Other Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717.12.4
Friday, the 28th day of February, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Until further Order of the Board, member carriers of the Express Traffic
Association of Canada, subject to the jurisdiction of the Board, are authorized
to receive for shipment in Canada and transport via rail express, subject to
the provisions of this Order, samples of flammable liquids offered for shipment
by BP Canada, Limited.
The provisions of section 75.655(d) of the Board's Regulations for the
Transportation of Explosives and Other Dangerous Articles in Rail Freight and
Rail Express Service, in so far as they apply to flammable liquids, loaded,
transported or stored in cars equipped with lighted heaters or where open
flame lights or stoves are used, shall not apply to shipments referred to in
paragraph 1 hereof, but the following regulations shall be observed:
(a) The sample (or samples) shall be packaged by the shipper in a metal
can or cans of not more than one gallon capacity, not more than three such
metal cans to be enclosed in a wooden box made to one of the following B.T.C.
specifications; 15 A, 15B, 15C, 16A or 19A.
(b) The prescribed "red label" shall be attached by the shipper to the
outside wooden box which shall also be plainly marked B.T.C. Permit No. A-40.
The top of the box shall be marked "This Side Up", and the words "Gasoline"
or "Crude Oil" as appropriate, shall be stencilled on the side.
(c) All bills of lading, shipping orders or shipping papers issued in lieu
thereof shall make reference to the B.T.C. Permit Number.
(d) Such samples shall be loaded in the express car in a place that will
permit their ready removal in case of fire or wreck, and, if practicable, near
the car door.
(e) The express company shall take adequate precautions to keep such
samples as far away from any source of ignition as possible.
(f) Emptied containers returned for re-use shall bear the "Empty" label
(see section 73.413 of Board's Regulations) to indicate that they have been
satisfactorily emptied of liquid and/or gas so that no possible hazard exists in
the handling thereof.
HUGH WARDROPE,
Assistant Chief Commissioner.
8
ORDER No. 93793
In'the matter of reduction of certain freight rates between eastern and western
Canada pursuant to Section 468 of the Railway Act:
File No. 45464.1
Tuesday, the 4th day of March, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
Pursuant to the powers possessed by the Board by Section 468 of the
Railway Act:
It is ordered that the Canadian National Railway Company and the
Canadian Pacific Railway Company be, and they are hereby, required to make
and maintain a reduction in freight rates in accordance with the numbered
paragraphs of this Order which follow:
1. Subject to the provisions of sub-section 5, section 317 of the Railway
Act and to the exceptions stated in paragraphs numbered 2 and 3 of this Order
a reduction, as stated in paragraph numbered 4 of this Order, shall be made
in respect of basic rates applying on freight traffic from eastern Canada to
western Canada, and from western Canada to eastern Canada, passing over
lines of railway through Franz, Oba and Hearst, Ontario.
2. Exceptions (Territory) :
The provisions of paragraph numbered 1 hereof shall not apply to traffic
having both its origin and destination, or originating at, or terminating at points
on lines of railway stated in sub-paragraphs (a), (b) and (c) of this paragraph.
(a) CANADIAN PACIFIC RAILWAY COMPANY— between, but not in-
cluding, Sudbury and Port Arthur, Ontario.
(b) CANADIAN NATIONAL RAILWAYS— between, but not including:
(i) Capreol and Armstrong, Ontario.
(ii) Capreol and Port Arthur-Fort William, Ontario.
(iii) Cochrane and Armstrong, Ontario.
(iv) Cochrane and Port Arthur-Fort William, Ontario.
(c) ALGOMA CENTRAL AND HUDSON BAY RAILWAY COMPANY—
all stations other than Sault Ste. Marie, Ontario.
3. Exceptions (Traffic):
The provisions of paragraph numbered 1 hereof shall not apply with respect
to the following traffic:
(i) Commodities described in specifically designated Grain and Grain
Products tariffs, including the said commodities when listed on other
tariffs;
(ii) Coal from Alberta and eastern British Columbia to Ontario that is
subject to subsidized freight rates;
(iii) Competitive traffic designated as such in the railways' tariffs (other
than traffic that is subject only to the short line competition of rail-
ways in Canada) ;
(iv) International traffic between Canada and the United States of
America, or to or from other countries via such United States;
9
(v) Traffic moving between points in the United States of America
passing through Canada;
(vi) Export and Import traffic to or from Canadian ports not charged
domestic rates;
(vii) Traffic governed by Agreed Charges.
4. Reduction in Rates:
Subject to paragraphs 1, 2, 3, and 8 hereof, carload and less than carload
basic rates shall be reduced by
(a) 3.5 per cent, and
(b) 7.5 cents per one hundred pounds.
5. Disposition of Fractions:
Fractions of less than .5 cents shall be dropped, and .5 cents or over to
be made the next whole cent.
6. Basic Rates:
For the purpose of this Order freight rates which, but for the provisions
of this Order and Orders rescinded hereby, would be in effect, are designated
"Basic Rates". Nothing in this Order shall be construed as preventing the
adjustment of basic rates as the necessity therefor may arise from time to time.
The provisions of this Order or as it may be subsequently amended, shall also
apply to a revised basic rate.
7. Form of Tariff:
Unless otherwise authorized or directed by the Board, the reductions in basic
rates as herein provided may be established by a Master Tariff of Reduced
Rates in which shall be set out the basic rates and the rates which will apply
in lieu thereof. Subject to the provisions of paragraph 8 hereof tariffs naming
basic rates shall be joined to the Master Tariff by connecting link supplements
or by a specific provision within the basic rate tariff, and such joining provisions
shall show the extent to which the Master Tariff is thus made applicable.
Contrary provisions as to form of tariff and volume of supplemental matter in
Tariff Circular No. 1 are hereby waived.
8. Combination Rates:
(1) Where a through rate from origin to destination, on traffic moving
within the territory defined in paragraph 1 hereof, is made by combining
separately stated rates, one of which rates is subject to the reduction herein
provided, the reduction to apply to such combination through rate shall be
"etermined as follows:
(a) If none of the separately stated rates is applicable on traffic excluded
by paragraph 3 hereof, first determine the total of such rates and
reduce the total as in this Order provided.
(b) If one or more of the separately stated rates is applicable on traffic
excluded by paragraph 3 hereof, the reduction in rates as in this Order
provided shall apply only to the rates or combination of rates on traffic
not excluded by paragraph 3 hereof.
(2) When the actual weight of a shipment subject to the provisions of
paragraph 8 (1) of this Order is less than the minimum weight provided for
any of the separately stated rates, the reduction shall be determined in two
steps, as follows:
(a) Reduce the total combination rates, to the extent specified in para-
graph 8 (1), by the percentage reduction specified in paragraph 4 (a)
of this Order; and
10
(b) Apply as a reduction in the total through charges the rate per 100
pounds specified in paragraph 4 (b) of this Order on the actual weight
of the shipment or the highest minimum weight, whichever is the
greater, applicable to any of the separately stated rates.
9. Effective Period:
The provisions of this Order shall have effect from the date hereof except
paragraph 8 which shall have effect on one day's notice upon the filing of
suitable tariff amendment; and shall continue to apply until further Order
of the Board.
10. Rescission:
Order No. 88630 dated April 19, 1956, and Order No. 91022 dated February
21, 1957, be and they are hereby rescinded.
HUGH WARDROPE,
Assistant Chief Commissioner.
ORDER No. 93807
In the matter of the application dated January 28th, 1958, of the Canadian
Freight Association, under section 325 of the Railway Act for approval
of proposed Supplement No. 13 (to be renumbered 14) to the Canadian
Freight Classification No. 20 on file with the Board under file No.
47833.14:
Wednesday, the 5th day of March, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Whereas notice has been given by the Canadian Freight Association in
The Canada Gazette, as required by Section 325 of the Railway Act, and
copies of the said Supplement have been furnished to the parties named in
General Order No. 695 of the Board, requesting that their objections, if any,
be filed with the Board within thirty days; no objections being received:
And upon reading the submissions filed —
It is hereby ordered
That the said proposed Supplement No. 13 to Canadian Freight Classifica-
tion No. 20, C.T.C. 1525, on file with the Board under file No. 47833.14, is
approved for filing as Supplement No. 14 to the said Classification.
HUGH WARDROPE,
Assistant Chief Commissioner,
11
ORDER No. 93843
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation, hereinafter called
the "Applicant", issued on February 15, 1958, to be effective on March 16,
1958, in respect of the tunnel between the City of Windsor, Ontario, and
the City of Detroit, Michigan:
File No. 35943.5
Tuesday, the 11th day of March, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Whereas the said tariff was filed with the Board and the Board has
received protests against the tolls therein and the Board considers it necessary
to investigate the reasonableness of the said tolls and require the Applicant to
show cause why such tariff should be permitted to become effective —
It is hereby ordered as follows:
1. The said tariff is suspended until further order of the Board.
2. A hearing will be held by the Board at the Essex County Council
Chambers, 3255 Sandwich Street West, in the City of Windsor, Ontario,
commencing on April 15, 1958, at ten o'clock in the forenoon, in order to
determine the reasonableness of the said tolls and to permit the Applicant to
justify the said tariff.
CLARENCE D. SHEPARD,
Chief Commissioner.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JANUARY, 1958
Railway Accidents 169 Killed 9 Injured 171
Level Crossing Accidents . . 49 Killed 24 Injured 64
Total 218 33 235
Passengers
Employees
Others
Total
Killed Injured
— 28
3 133
30 74
33 235
12
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured Nova Scotia
1 3 Automobile struck by train. License: N.S. 8-54-12.
— 2 Automobile struck by train. License: N.S. 8-92-70.
1 3 Automobile ran into side of train. License: N.S. 2-31-16.
New Brunswick
2 — Auto truck struck by train. License: N.B. 6-300-X.
Quebec
— 1 Automobile ran into side of train. License: Que. 558-774.
1 — Automobile struck by train. License: Que. 52807.
— 1 Automobile struck by train. License: Que. 317-476.
— 3 Automobile ran into side of train. License: Que. T-9555.
— 1 Shovel lifter struck by train. License: Que. W-3562.
1 — Auto truck struck by train. License: Que. FP-7381.
4 — Automobile struck by train. License: Que. 510-149.
1 3 Automobile ran into side of train. License: Ont. 100-354.
— 3 Auto truck struck by train. License: Que. FD-2388.
— 1 Automobile struck by train. License: Que. 171823.
— 1 Automobile ran into side of train. License: Que. 380-590.
— 1 Automobile struck by train. License not given.
1 — Automobile struck by train. License: Que. 399-404.
Ontario
2 2 Automobile ran into side of train. License: Ont. 124-317.
— 1 Automobile ran into side of train. License: Ont. A-89610.
1 — Automobile struck by train. License: Ont. 211-349.
— 1 Automobile struck by train. License: Ont. 430-134.
— 1 Automobile ran into side of train. License: Ont. 462-505.
— 2 Automobile struck by train. License: Ont. F-7223.
— 1 Automobile struck by train. License: Ont. 868-271.
— 1 Automobile struck by train. License: Ont. F-44697.
— 1 Automobile ran into side of train. License: Ont. H-7010.
— 1 Dump truck struck by train. License: Ont. 18-74-A.
— 2 Automobile ran into side of train. License: Ont. C-56819.
— 3 Automobile struck by train. License: Ont. 856-850.
— 3 Automobile struck by train. License: Minn. 3-D-7187.
1 — Automobile struck by train. License: Ont. 699-246.
1 1 Automobile ran into side of train. License: Ont. 242-284.
— 2 Automobile struck by snowplow. License: Ont. C-25542.
— 1 Automobile ran into side of train. License: Ont. D-8352.
— 2 Automobile ran into side of train. License: Ont. 860-375.
2 — Auto truck struck by train. License: Ont. 97-239-C.
1 3 Auto truck struck by train. License: Ont. 94-94 1-B.
1 — Automobile ran into side of train. License: Ont. 265-709.
1 — Auto truck struck by train. License: Ont. 61-215-B.
2 — Automobile struck by train. License: Ont. 16569-X.
— 1 Automobile ran into side of train. License: Ont. 976-770.
— 4 Automobile struck by train. License: Ont. 580-820.
13
Manitoba
1 Automobile struck by train. License: Man. 65-J-79.
1 Auto truck struck by train. License: Man. F-44155.
1 Auto truck ran into side of train. License: Man. T-87331.
Saskatchewan
2 Automobile ran into side of train. License: Sask. 31-254.
Alberta
1 Automobile struck by train. License: Alta. XA-250.
British Columbia
1 Auto truck struck by train. License: B.C. C-32806.
1 Automobile struck by train. License: B.C. 264-636.
Of the 49 accidents at highway crossings, 32 occurred at unprotected crossings,
and 17 at protected crossings, 24 occurred after sunrise and 25 after sunset.
Ottawa, Ontario, March 7th, 1958.
14
SUMMARY OF ORDERS ISSUED BY THE BOARD
93722 Feb. 21 — In the matter of improvements to the grades of approach where the
highway crosses the right of way of the C.P.R. at mileage 98.1,
98.8 and 99.7, Windsor Subdivision, in the Township of Maidstone,
in the Province of Ontario.
93723 Feb. 24 — In the matter of application of C.N.R. on behalf of Imperial Oil
Limited for approval of storage facilities for flammable liquids at
Beardmore, Ontario.
93724 Feb. 24 — Authorizing the C.P.R. to reconstruct its bridge at mileage 85.9
Princeton Subdivision, British Columbia.
93725 Feb. 24 — Authorizing British Columbia Electric Company Limited to construct
a gas main over the Great Northern Railway Company in the
Municipality of Burnaby, British Columbia.
93726 Feb. 24 — Permitting the removal of slow order at C.N.R. crossing First public
crossing south of station at Gibbons, Alberta.
93727 Feb. 24 — Permitting the removal of slow order at C.N.R. crossing at mileage
28.34 Renfrew Subdivision, Ontario.
93728 Feb. 24 — Dismissing the application of the New York Central Railroad Com-
pany for authority to remove the passenger shelter, etc., at Athelstan,
Quebec.
93729 Feb. 24 — Authorizing the Township of North York, Ontario, to construct a
water main under the company line of Trans-Northern Pipe Line
Company at Eldora Avenue, Township of North York, Ontario.
93730 Feb. 24 — In the matter of application of C.P.R. on behalf of Imperial Oil
Limited for approval of location of storage facilities for flammable
liquids at Milk River, Alberta.
93731 Feb. 24 — In the matter of application of C.P.R. extending time for installa-
tion of protection at crossing of Ste. Anne Street, St. Clet, Quebec.
93732 Feb. 24 — Authorizing Northern Alberta Railways Company to replace the
existing timber Howe truss across the Saulteaux River, mileage
141.6 Slave Lake Subdivision.
93733 Feb. 24 — Exempting the C.N.R. from complying with terms of General Order
No. 707 in respect of their suburban train service operating in the
Montreal area.
93734 Feb. 25— In the matter of application of the C.P.R. on behalf of North Star
Oil Limited for approval of proposed location of facilities for the
storage of flammable liquids at Dryden, Ontario.
93735 Feb. 25— In the matter of application of C.N.R. on behalf of The British
American Oil Company Limited for approval of proposed location
of additional facilities for the storage of flammable liquids, at Prince
Rupert, British Columbia.
93736 Feb. 25— In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited, for approval of proposed location of storage facilities
for flammable liquids at Coaldale, Alberta.
93737 Feb. 25 — Permitting the removal of slow order at C.N.R. crossing known as
Steel's Avenue crossing at Thornlea, Ontario.
93738 Feb. 25 — In the matter of application of Trans-Canada Pipe Lines Limited
on behalf of Western Pipe Lines Limited for an Order approving
proposed deviation of a portion of the company pipe line where it
crosses the Welland Canal, Township of Thorold, Ontario.
93739 Feb. 25 — Authorizing Trans-Canada Pipe Lines Limited, on behalf of Western
Pipe Lines Limited, to carry its company pipe line across the
Welland Canal as shown on plan on file with the Board.
93740 Feb. 26 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
93741 Feb. 26 — In the matter of application of the C.P.R. on behalf of North Star
Oil Limited, for approval of proposed location of an office building
at Bow Island, Alberta.
15
93742 Feb. 26— In the matter of application of Mid-Continent Pipe Lines Limited
for an Order granting leave to construct a pipe line for the trans-
portation of gas across the Alberta-Saskatchewan Boundary.
93743 Feb. 26 — Permitting the removal of slow order at C.N.R. crossing of Vertu
Road, St. Laurent, Quebec.
93744 Feb. 26 — Permitting the removal of slow order at C.N.R. crossing of Lakefield
Avenue, Montreal East, Quebec.
93745 Feb. 27 — In the matter of application of C.N.R. on behalf of Carrot River
Consumers Co-Operative Association Limited, for approval of loca-
tion of facilities for storage of flammable liquids at Carrot River,
Saskatchewan.
93746 Feb. 27 — In the matter of application of E. E. Cooper of Fort Nelson for a
licence under section 10 of the Transport Act.
93747 Feb. 27 — In the matter of application of C.N.R. on behalf of North Star
Oil Limited for approval of location of facilities for storage of
flammable liquids at Togo, Saskatchewan.
93748 Feb. 27 — In the matter of application of C.P.R. on behalf of Robin Hood
Flour Mills Limited, for approval of proposed location of facilities
for the storage of flammable liquids at Parkdale, Ontario.
93749 Feb. 27 — Requiring the C.N.R. to install certain protection at the crossings of
Highways Nos. 4 and 14 near Biggar, Saskatchewan.
93750 Feb. 27 — Permitting the removal of slow order at C.P.R. crossing of Lawrence
Avenue, Toronto, Ontario.
93751 Feb. 27 — Permitting the removal of slow order at C.N.R. crossing at Des
Ormeaux Street, Montreal, Quebec.
93752 Feb. 27 — Permitting the removal of slow order at C.P.R. crossing at mileage
12.28 St. Agathe Subdivision, Quebec.
93753 Feb. 27 — Permitting the removal of slow order at C.P.R. crossing of Wilson
Avenue north of Weston, Ontario.
93754 Feb. 27 — Requiring the C.N.R. to install certain protection at the crossing of
its railway and the highway being the first public crossing east of
Premont, Quebec.
93755 Feb. 27 — Authorizing the C.P.R. to replace the existing timber trestle at
mileage 33.2 Alberta Central Subdivision, Alberta.
93756 Feb. 27 — Application of C.P.R. authorizing new siding track at mileage 16.9
Thompson Subdivision, British Columbia.
93757 Feb. 26 — In the matter of application of C.N.R. for an order amending
Order No. 86667 authorizing the improvement of protection at the
crossing of Clarkson Road, Township of Toronto, Ontario.
93758 Feb. 28 — Requiring the Esquimalt and Nanaimo Railway Company to install
certain protection at the crossings of Highway No. 4 at mileage 95.28
Victoria Subdivision and mileage 0.1 Alberni Subdivision, Parksville,
British Columbia.
93759 Feb. 28 — Requiring the Esquimalt and Nanaimo Railway Company to install
certain protection at the crossing of Goldstream Avenue at Langf ord,
British Columbia.
93760 Feb. 28 — In the matter of application of Trans-Canada Pipe Lines Limited
for an order approving plan, profile and book of reference in con-
nection with location of a portion of its company pipe line, Townships
of Haggart and Lamarche, Ontario.
93761 Feb. 28 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Sections 3 and 8.
93762 Feb. 28 — Authorizing the C.N.R. to relocate and extend the siding across
Young Road in Chilliwack, British Columbia.
93763 Feb. 28 — In the matter of regulations for the transportation of explosives and
other dangerous articles in rail freight and rail express service.
16
93764 Feb. 28 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the Dominion Atlantic Railway Company, under
Section 8.
93765 Feb. 28 — In the matter of application of C.P.R. for an Order extending the
time within which it is required by Order No. 92575 to install certain
protection at the crossing of Highway No. 38, Village of Ste. Rose,
Quebec.
93766 Mar. 3 — Requiring the C.N.R. to install certain protection at the crossing of
Erin Street, Saint John, New Brunswick.
93767 Mar. 3 — In the matter of application of the C.P.R. on behalf of Gibson
Petroleum Company Limited for temporary permit to load crude
oil into tank cars from tank trucks at Stoughton, Saskatchewan.
-In the matter of application of C.P.R. on behalf of Crown Diamond
Paint Company for approval of location of facilities for storage of
flammable liquids at Outremont, Quebec.
In the matter of the application of C.N.R. on behalf of Corning
Co-Operative Association Limited, for approval of proposed location
of its relocated facilities for storage of flammable liquids at Corning,
Saskatchewan.
-In the matter of application of C.N.R. on behalf of North Star Oil
Limited, for approval of location of the proposed additional facilities
at St. Brieux, Saskatchewan.
In the matter of application of the C.N.R. on behalf of British
American Oil Company Limited for approval of location of proposed
facilities for storage of flammable liquids at North Battleford,
Saskatchewan.
-In the matter of application of the Department of Roads of the
Province of Quebec for authority to divert Highway No. 51 from
the south side of the C.N.R. to the north side from a point near
mileage 67.5, Glendyne Subdivision, Quebec.
Relieving the C.P.R. from erecting right of way fencing on the
south side of its Shaunavon Subd. between mileages 21.75 and 23.3,
Sask.
Relieving the C.P.R. from erecting fence on west side of its right
of way between certain mileages on its Emerson Subdivision,
Manitoba.
93775 Mar. 3 — Permitting the removal of slow order at C.N.R. crossing west of
station at Larochelle, Que.
93776 Mar. 3 — Authorizing the C.P.R. to remove the caretaker and to dispose of
station building at Harrietsville, Ont.
93777 Mar. 3 — Permitting the removal of slow order at C.N.R. crossing east of
station at Val Rita, Ontario.
93778 Mar. 3 — Permitting the removal of slow order at C.N.R. crossing of Heron
Road, Ottawa.
93779 Mar. 4 — Authorizing B.C. Electric Telephone Co. Ltd. to construct a gas
main over the company pipe line of Trans-Mountain Oil Pipe Line
Co. in the District of Surrey, B.C.
93780 Mar. 4 — Authorizing the C.N.R. to construct a siding at grade across the
road allowance at Ingelow, Man.
93781 Mar. 4 — Authorizing B.C. Electric Co. Ltd. to construct a gas main across
the company pipe line of Trans-Mountain Oil Pipe Line Co. at
Booth Road, Munic. of Coquitlam, B.C.
93782 Mar. 4 — Permitting the removal of slow order at C.N.R. crossing at mileage
50.29, Granby Subd., Que.
93783 Mar. 4 — Authorizing the C.N.R. to cross the existing road between Sections
26 and 35, Township 10, Range 2, W.P.M., Man.
93784 Mar. 4 — Permitting the removal of slow order at C.P.R. crossing at mileage
47.52, Goderich Subd., Ont.
93768 Mar. 3-
93769 Mar. 3—
93770 Mar. 3-
93771 Mar. 3—
93772 Mar. 3-
93773 Mar. 3—
93774 Mar. 3—
17
93785 Mar. 4 — Authorizing the C.N.R. to construct a siding extension at mileage
84.44, Harte Subd., Man.
93786 Mar. 4 — Authorizing the C.N.R. to construct a siding extension across the
road allowance at Gregg, Man.
93787 Mar. 4 — Authorizing the C.P.R. to construct a siding extension across the
public road in the Township of Sydney, mileage 101.28, Belleville
Subd., Ont.
93788 Mar. 4 — Permitting the removal of slow order at C.N.R. crossing at Edward
St., Prescott, Ontario.
93789 Mar. 4 — Permitting the removal of slow order at C.N.R. crossing at mileage
31.6, Camrose Subd., Alta.
93790 Mar. 4 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at New Dayton, Alta.
93791 Mar. 4 — In the matter of application of the C.P.R. extending the time within
which it is required to file a plan of its branch line on its Manitou-
wadge Lake Subd., Ont.
93792 Mar. 4 — In the matter of application of the C.N.R. for an Order amending
Order No. 88685, authorizing improved protection at the crossing of
Highway Ave., London, Ont.
93793 Mar. 4 — In the matter of reduction of certain freight rates between eastern
and western Canada pursuant to Section 468 of the Railway Act.
93794 Mar. 4 — In the matter of filing of tariffs by C.N. Telegraph Co. and C.P.R.
93795 Mar. 5 — Authorizing the C.N.R. to remove the lights installed on the signal
south of the railway at the crossing of their railway and Victoria
Ave. and Park St., Regina, Sask.
93796 Mar. 5 — Approving clearances on the Algoma Central & Hudson Bay Railway
Co. siding serving the Algoma Ore Properties Ltd., Jamestown, Ont.
93797 Mar. 5 — Authorizing the Ontario Dept. of Highways to construct No. 5
Highway across the C.P.R., Twp. of Toronto, Ont.
93798 Mar. 5 — Authorizing the C.N.R. to operate over the bridge crossing the creek
at mileage 64.4, Cowichan Subd., B.C.
93799 Mar. 5 — Authorizing the C.N.R. to operate over the bridge over the water-
course at mileage 28.4, Cowichan Subd., B.C.
93800 Mar. 5 — Authorizing the C.N.R. to operate over the bridge across Lynn
Creek, B.C.
93801 Mar. 5 — Permitting the removal of slow order at the C.P.R. crossing of
Highway No. 2 at Souris, Sask.
93802 Mar. 5 — Permitting the removal of slow order at the C.P.R. crossing of
Main St. at Markdale, Ont.
93803 Mar. 5 — Permitting the removal of slow order at the C.N.R. crossing at
mileage 72.8, Beachburg Subd., Ont.
93804 Mar. 5 — Authorizing the C.P.R. to remove the caretaker-agent and dispose
of the station building at Auburn, Ont.
93805 Mar. 5 — In the matter of Section 11, subsection 4, and Section 12, subsection
1 (b) of the Railway Act.
93806 Mar. 5 — Requiring the C.P.R. to install certain protection at the crossing
of Kilborn Ave., Ottawa.
93807 Mar. 5 — In the matter of application dated January 28th, 1958, of the Cana-
dian Freight Assoc. for approval of proposed Supplement No. 13
(to be renumbered 14) to Canadian Freight Classification No. 20.
93808 Mar. 5 — Relieving the C.P.R. from erecting cattle guards on both sides of
the crossing at mileage 9.83, Wood Subdivision, Sask.
93809 Mar. 6 — Approving under the Maritime Freight Rates Act tolls proposed in
certain tariffs filed by the C.N.R. under Section 3.
93810 Mar. 6 — Authorizing Trans-Canada Pipe Lines Ltd., on behalf of Northern
Ontario Pipe Line Crown Corp. to construct its company pipe line
across the Black Sturgeon River, Thunder Bay District, Ont.
18
93811 Mar. 6 — Requiring the C.P.R. to install certain protection at the crossing
of St. Laurent Blvd., Ottawa.
93812 Mar. 6 — Authorizing the Township of Otonabee, Ont. to improve the sight
lines at the C.N.R. crossing at mileage 59.5, Campbellford Subd.,
Ontario.
93813 Mar. 6 — Requiring the C.N.R. to install certain protection at the crossing
of Provincial Highway No. 3 at Brooklyn, N.S.
93814 Mar. 6 — Permitting the removal of slow order at C.P.R. crossing at Blind
River, Ont. at mileage 54.44, Thessalon Subd.
93815 Mar. 6 — Authorizing the Trans-Canada Pipe Lines Ltd. to construct its
company pipe line across the Wolfe River, Thunder Bay District,
Ontario.
93816 Mar. 6 — In the matter of the application of Trans-Canada Pipe Lines Ltd.
on behalf of Northern Ontario Pipe Line Crown Corp. for an Order
approving plan, profile and book of reference.
93817 Mar. 6 — Authorizing the C.P.R. to remove the agent and appoint a care-
taker at South Roxton, Que.
93818 Mar. 6 — Permitting the removal of slow order at C.N.R. crossing east of
station at Malton, Ont.
93819 Mar. 7 — Permitting the removal of slow order at C.P.R. crossing at mileage
84.05 Taber Subd., Alta.
93820 Mar. 7 — Authorizing the C.P.R. to operate under the pedestrian overhead
bridge at mileage 99.78, Oshawa Subd., Ont.
93821 Mar. 7 — Authorizing the C.P.R. to operate its trains over the bridge at
Sherring, Ont.
93822 Mar. 10 — In the matter of application of the C.N.R. for an Order extending
the time within which they aie required by Order No. 91528, dated
May 7, 1957, amended by Order No. 92989, dated November 22, 1957,
to install automatic protection at the crossing of their railway and
Highway No. 9 at mileage 18.88, Drumheller Subd., Alta.
93823 Mar. 10 — In the matter of application of the C.N.R. for authority to remove
the station agent at Leslieville, Alta., mileage 77.0 Brazeau Subd.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
Zi)t Jfoarb of
®ran£port Commts&tcmer* for Cattaba
Vol. XL VIII OTTAWA, APRIL 15. 1958 No. 2
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
Application of Canadian Fruit Wholesalers' Association for amendment to the
tariff of regulations governing currency exchange, to provide discount
allowance on import traffic to Canadian destinations through United
States ports.
File No. 29674.68
Heard at Ottawa January 7th and 8th, 1958.
Before:
Clarence D. Shepard, Q.C., Chief Commissioner.
Leonard J. Knowles, Commissioner.
Appearances:
F. D. Turville, Q.C., Thomas Jones and H. W. Woods, for Cana-
dian Fruit Wholesalers' Association.
J. W. G. Macdougall, Q.C., for Canadian Freight Association, and
Canadian National Railways.
A. J. Alliston, for Canadian Freight Association, and Canadian
Pacific Railway Company.
S. S. Mills, Q.C., and F. L. Wyckoff, for New York Central Rail-
road Company.
H. A. Mann, for Maritimes Transportation Commission.
Charles LaFerle, for Canadian Retail Federation, and Canadian
Importers' & Traders Association.
John Mitchell, and R. Eric Gracey, for Canadian Industrial
Traffic League.
A. R. Treloar, for Canadian Manufacturers' Association.
David Kennard, for Union Carbide of Canada Limited.
W. E. Davies, for Brantford Cordage Company.
W. C. Perron, for National Harbours Board.
John Nolan, for Canadian Exporters' Association.
53756-3—1
20
JUDGMENT
By the Board:
At issue in this case are the provisions of Canadian Freight Association
tariff No. 16-F, Agent R. K. Watson's C.T.C. No. 1507, (hereinafter called the
"Tariff") publishing "Regulations governing Currency Exchange on Inter-
national and Foreign Freight Traffic" insofar as the tariff is applicable to
traffic imported into Canada through United States ports.
The applicant, Canadian Fruit Wholesalers' Association states it is an
association of some 300 dealers in fruits and vegetables from all provinces
who are responsible for approximately 70,000 to 80,000 carlot unloads per
year, of which some 20,000 carlots are said to be brought into Canada through
United States ports. Of the latter approximately 90 per cent, or 18,000 carlots,
consist of bananas; five per cent, or 1,000 carlots, consist of pineapples; and
the remainder various miscellaneous fruits and vegetables.
Practically all of the banana traffic originates in Central and South America
and is forwarded by the two principal banana companies, i.e. United Fruit
Company and Standard Fruit Company. These companies have extensive
facilities for transportation by water and for transfer at United States ports.
The applicant states that neither company has facilities for unloading at any
Canadian port.
It also states that the pineapple traffic originates in Cuba and enters the
United States at Miami, Florida, from which point it moves by rail to inland
points, and the remaining five percent of the traffic imported through United
States ports is said to consist of onions, tomatoes, garlic, chestnuts and various
small vegetables and fruits which do not move in carload lots.
The applicant estimates that the Canadian consumption of fruits and
vegetables to be ten per cent of that of the United States and asserts that
the Canadian market cannot absorb a full cargo at any one time.
Intervenors in support of the Applicant are:
Canadian Retail Federation, having a membership of 165 and representing
some fifty to sixty thousand retailers; Canadian Importers and Traders Associa-
tion with a membership of about 436; Canadian Industrial Traffic League whose
membership is 988 traffic management personnel of over 500 industrial and
commercial concerns; Canadian Manufacturers' Association having some 6,000
members situated throughout the country; Union Carbide of Canada Limited
with several plants in Canada, but concerned in this case only with the move-
ment of manganese and chrome ore to its Welland, Ontario plant; and Brant-
ford Cordage Co., which imports sisal and hemp fibre through United States
ports.
Intervenors opposing the application are the Maritimes Transportation
Commission, an organization representing the Governments of the four
Maritime provinces and industry therein; and the National Harbours Board
which is the Federal body charged with the operation and administration of
the port facilities in Canada of the Federal government.
Respondents to the application are the Canadian railways as represented
by the Canadian Freight Association, including the two major lines, Canadian
National Railways and Canadian Pacific Railway Company. The New York
Central Railroad was represented by Counsel. All respondents indicated
opposition to the application as did also the Maritimes Transportation Commis-
sion and National Harbours Board.
The hearing of evidence and argument occupied two days at which
216 pages of testimony were taken and eleven exhibits were filed. All of such
testimony and argument has been given careful study.
21
Nature of the Application
The application is directed against the provisions of Item 150 of the tariff
which is applicable on Import Traffic to destinations in Canada handled via
United States ports. The provisions thereof which are objected to are the
assessment of a surcharge of 100% of the rate of exchange on rail freight
charges prepaid at United States Seaboard ports in United States currency;
and the collection of rail freight charges in Canadian currency, without dis-
count allowance, when such rail freight charges are paid in Canada.
The aforesaid tariff provisions obtain only when United States funds are
at a discount in terms of Canadian currency.
Comparison is made between these provisions and those obtaining under
like exchange conditions respecting international domestic traffic moving
between points in the United States and points in Canada, as distinguished
from import traffic through United States ports. On such domestic traffic,
where charges are paid in Canada, a discount is accorded equal to 60 per cent
of the rate of exchange, or where freight charges are paid in the United States,
a surcharge equal to 40% of the rate of exchange is exacted.
However, when United States funds are at a premium in terms of Cana-
dian currency a uniform surcharge i.e., 60% of the rate of exchange is exacted
on both the domestic international United States-Canada traffic, and import
traffic moving through United States ports. A like condition prevails in respect
of export traffic through United States ports excepting that on traffic moving
to the North Atlantic U.S. ports, namely Portland, Me., to Norfolk, Va.,
inclusive, freight charges may be paid in Canadian currency without surcharge.
The applicant and its supporting intervenors alleged that it is inequitable
to impose a surcharge on import traffic through United States ports when
United States funds are at a premium, and to refuse to grant a discount when
the reverse exchange position occurs.
The Railways' Position
Counsel for the New York Central Railroad stated only that his clients
were supporting the tariff for the purpose of maintaining parity of port rates.
The Canadian lines have two grounds of objection to the application, (1)
that, generally speaking, import rates through Canadian ports were established
on a competitive parity with comparable rates from contiguous United States
ports in order to encourage the movement of traffic through Canadian ports,
and that to grant a discount on freight charges on traffic moving through
United States ports would tend to divert traffic from Canadian ports; and
(2) that the tariff is designed to protect the over-all position of the Canadian
lines in its monetary settlements with United States carriers as a whole which,
perforce, create unavoidable conditions of apparent inequity of treatment.
They also rely upon the fact that when discount provisions were established
in the year 1934, import traffic from United States ports was then made an
exception, and that the circumstances surrounding such traffic then have not
since changed.
Position of intervenors Opposing Application
The Maritimes Transportation Commission objects to the granting of dis-
count as applied for, on the main grounds that to do so would reduce the
carrying charges for traffic from United States ports, in terms of Canadian
currency, to a lower level than applicable from Canadian ports, with consequent
loss of employment to those handling such traffic at the Canadian seaboard. It
stressed that its principals, in particular the provincial governments, are
actively seeking means to increase the flow of traffic through Canadian ports.
22
The National Harbours Board stated its position in substantially similar
terms and feared the diversion of traffic from Canadian ports if the application
succeeded.
Position of Intervenors Supporting Application
The Canadian Retail Federation and the Canadian Importers and Traders
Association assert that by granting the application here involved there would
be removed an imposition on Canadian importers who, through no fault of
their own, may be compelled to route or accept their goods via United States
ports and that the obligation rests on the seller to move the traffic through
the most economical port dependent upon the availability of ocean services.
They state further that it is their policy to utilize routings via Canadian ports,
but there are instances where the importer cannot control how the traffic
shall move.
The Canadian Industrial Traffic League rests its representations upon the
plea for equity of treatment, i.e., that where a surcharge is made when U.S.
funds are at a premium, a discount should be allowed when the reverse
exchange situation prevails.
The Canadian Manufacturers' Association also bases its submissions upon
equity and suggests that discount be granted through United States ports with
the proviso that if the Board is convinced the interests of Canadian ports
would be detrimentally affected thereby, the discount provisions be also applied
to the traffic moving via the Canadian ports. This suggestion was an alter-
native to an earlier proposal made to the Canadian railways that regardless
of the rate of exchange the charges on import traffic through United States
ports be always payable in Canadian currency.
Union Carbide of Canada Limited stated that it moved large quantities
of chrome and manganese ore to Welland, Ontario, through the ports of
Baltimore and Philadelphia, on which surcharge was paid when United States
funds were at a premium and no discount was allowed when the currency
situation was in reverse. No parity of rates exists from the Canadian Atlantic
ports with those obtaining from Baltimore and Philadelphia. None of this
traffic has ever moved through Canadian maritime ports nor is it the present
intention of the said company to so move its traffic. It states that the import
rail rate from Montreal to Welland is on a parity with that from Baltimore,
but is not sufficiently attractive to secure rail movement from Montreal in
competition with other forms of transportation, and also stated that the
company has no control over where the ore will move on the ocean or at what
port ships carrying the same will discharge.
The Brantford Cordage Company submits for itself and the whole cordage
industry, that imports of sisal and hemp fibre are contracted for through New
York brokers on the basis of an F.O.B. North Atlantic U.S. ports price; that
the fibre has its origins in Central and South America from which points steam-
ship service is to United States ports; and that as they are compelled to pay
surcharge when the United States currency is at a premium they should
be accorded a discount when the exchange is in the opposite position.
History of the Currency Exchange Tariff
a. General Order No. 295, May 5, 1920.
The Board dismissed, for want of jurisdiction, complaints concerning the
Canadian lines' demands that charges on shipments from Canada to the United
States be paid at destination. The Board held that it was within the discretion
of the railways as to where their tariff charges would be collected.
23
b. General Order No. 326, January 14, 1921.
This Order permitted the railways to publish and file the currency exchange
tariff whereby a surcharge was collected on the basis of 60 per cent of the
rate of exchange, when freight charges were paid in Canada.
The Judgment which accompanied the said Order notes that subsequent
to the date of General Order 295, the American railways demanded prepay-
ment of freight charges on traffic to Canada, resulting in substantially all
such traffic being subject to payment for freight charges in United States
currency.
The Judgment further notes that the continuance of such payment arrange-
ments would soon result in complete disruption of the whole international rate
structure, and that the railways were told a solution must be found which
would approximate payment for the hauls in each country in its respective
currency or equivalent. The surcharge basis, such as it is presently provided
in Section 1 of the present currency exchange tariff, was proposed and adopted.
The Judgment states that the general acceptance of the plan was not without
some comment that it did not provide equitable treatment to all, and said:
"It is quite evident that the Canadian road which has a short
Canadian haul and a long American one is at a disadvantage, whereas
the road which possesses a long Canadian haul as compared with a
short American one has a distinct advantage in this arrangement, but
it was frankly admitted both by the railway companies and the Board
that whatever was done must be on the broad principle of averages,
and, therefore, some roads as well as communities must be benefitted
to a greater extent than others." (27 CRC 90 at p. 93)
c. General Order No. 527, October 25, 1934.
While this Order shows it "directed" the railways to publish and file
tariffs providing regulations to apply respecting payment of freight charges
when United States funds are at a discount in Canada, the Judgment repro-
duces a submission from the Railway Association of Canada stating, inter alia:
"We respectfully ask the Board to order the application of the
attached regulations which it is felt will to the extent possible, and
in the most practical and fair manner for all concerned bring about a
correction of the conditions that have arisen in connection with the
payment of charges on International freight traffic, as a result of the
depreciated value of United States currency in Canada."
The Judgment also noted that while regulations had been adopted for
application when United States funds were at a premium, no provision had
been made for discount when the said funds were at a discount in Canada;
that such a condition had existed for some time past; and that representations
had been made to the Board that "the rule should work both ways."
In answer to these representations the railways conceded that "the
demand as outlined is not unreasonable" and proposed regulations which are
substantially those now provided under Section 2 of the tariff.
Included in the railways' submission, however, was a proviso as follows:
"Section II of the proposed regulations is designed to not only
protect the Canadian railways, but also the Canadian ports against a
diversion of traffic through United States ports that would result if
the present relationship of rates to all Canadian and United States ports
were not maintained." ■
The Judgment also notes that copies of the proposed regulations and the
Railway Association's letter were sent to the parties who had communicated
with the Board, and that no objections to the principle of the regulations were
received.
53756-3—2
24
Evidence as to Volume of Traffic Involved in Application
Counsel for the Applicant indicated that the preponderance of its traffic
imported "through United States ports consists of bananas. Subsequent to the
hearing it submitted a statement of banana shipments in carload lots forwarded
from United States ports to Canadian destinations, from United Fruit Company
and Standard Fruit Company, for the year 1956 and 11 months of the year 1957.
Additionally he furnished details of similar traffic terminating on the New
York Central Railroad at Montreal, London, Windsor and Niagara Falls;
also terminations at Hamilton by the Toronto Hamilton & Buffalo Railway.
These data show only the number of carloads.
During the hearing the Canadian National and Canadian Pacific filed
Exhibits 6 and 7 showing the imports of bananas, in tons, via all ports for
the year 1956.
In an attempt to compare and reconcile the information from both sources
we have converted the number of carloads into tons by computing each car-
load at ten tons. The impossibility of reconciling the figures is illustrated by
the following tabulation:
Year 1956
Imports of Bananas to Canadian Railways' Exhibits Applicant's
destination, year 1956 Via 6 & 7 submissions
Tons Cars Tons
U.S. North Pacific ports 9,049
Seattle 1,903 19,030
U.S. South Pacific ports 475
U.S. North Atlantic ports 61,200
ADD: NYC and TH&B 1,371 cars 13,710
New York and Baltimore . ,
South Atlantic & Gulf ports
New Orleans and Mobile . .
Eastern Canadian ports
74,910
8,315
3,838
9,118
1,312
91,180
13,120
Total tons 96,587 123,330
Mr. Mann, for the Maritimes Transportation Commission, filed Exhibit
No. 1, showing the number of carloads of fresh fruit and vegetables from
sources other than the United States and Mexico, unloaded at 12 Canadian
markets ranging from Halifax to Vancouver. The exhibit shows that in the
year 1956, out of a total of 9,557 cars unloaded, 87.41% or 8,354 cars consisted
of bananas. Converting the number of cars of bananas into tons at ten tons
per car, indicates a volume of 83,540 tons to the twelve destinations. A
witness for the applicant stated he considered the figures to be accurate for
the specific destinations shown, but that other destinations not shown on the
Exhibit consumed substantial quantities of bananas.
By Exhibits 5 and 8 the Canadian National and Canadian Pacific introduced
evidence to show the comparison of movement of principal commodities im-
ported through United States North Atlantic ports, and through Canadian
Atlantic ports and moved to points on their lines east of Fort William, Ont.
The figures on these exhibits have been combined, as follows:
Commodity 1953 1954 1955 1956
Via TONS
Bananas
U.S 65967 54837 58089 61200
Can 6277 3565 2317 3838
25
Commodity 1953 1954 1955 1956
Via TONS
Cocoa Beans
U.S 3254 5134 4891 2476
Can 2186 968 630 931
Coffee Beans
U.S 16323 15496 10889 14362
Can 1310 2244 1120 2528
China Clay
U.S 10968 18810 22482 20639
Can 22355 14318 18089 21604
Cork — Corkboard
U.S 908 195 143 20
Can 1151 2230 2501 1701
Dried Fruit
U.S 972 1237 629 678
Can 3615 3293 4990 1898
Onions
U.S 182 — 84 382
Can 42 287 426 76
Canned Fruits & Vegetables, in-
cluding Pineapple
U.S 1269 702 1080 1740
Can 1184 913 1490 1213
Tanning Extract
U.S 3249 1990 3288 2905
Can 3185 2319 1719 2622
Wool
U.S 2109 1193 1711 2010
Can 11034 7681 9677 11080
It must be observed from the foregoing that it is only the banana, cocoa
and coffee bean traffic which shows consistently a substantially greater move-
ment through United States ports than through the Canadian Atlantic ports.
Mr. Perron, for the National Harbours Board, introduced Exhibit No. 10
purporting to show the dollar value of Canadian Imports from Overseas
Countries via United States ports during the years 1952 to 1956 inclusive, and
the percentage trend of such imports to total imports into Canada, as follows:
Via U.S. Ports from 1952 1953 1954 1955 1956
PERCENTAGE OF TOTAL $ IMPORTS
All Countries 7.78 10.61 17.59 16.88 15.46
United Kingdom 0.02 0.04 0.05 0.06 0.05
Other Commonwealth countries .. 2.18 1.87 2.04 2.76 2.88
Foreign Countries 15.30 22.29 35.00 31.80 27.69
Mr. Perron expressed the opinion that while this indicated little loss of
traffic through Canadian ports where preferential duty arrangements required
such movement, the trend was for greater diversion of traffic through United
States ports from other countries even under existing exchange tariff provisions.
Estimated Value of Discount if it Had Been Applied 1957
The only information tendered as to the dollar value of the discount
applied for, was by two witnesses; Mr. Kennard of the Union Carbide of
Canada Limited who stated he estimated his company would have received in
excess of $20,000 in 1957 had discount allowance been in effect; and Mr.
Headley, for the Canadian National Railways, who submitted Exhibit No. 4
showing that on traffic for four selected months of 1957 to destination in
53756-3— 2£
26
Canada, to which about seventy percent of the import traffic goes from North
Atlantic ports, and only via Canadian National Railways, the discount on
fruit traffic would have been $798.00 whereas on other traffic similarly im-
ported the amount would have been $2,262. Using a multiplication factor
of three, the indicated year 1957 total would be $2,400 and $6,786 respectively.
Rate Relationship or Parity Between U.S. and Canadian Ports
Because of the importance attached to rate parity as between ports as
discussed by the various parties before us, it is suprising that we were not
presented with more factual evidence thereof. Exhibit No. 2 filed by Mr. Mann
sets out the import rates on bananas from Halifax, Saint John and New York
to eight destination points of which six are within the Maritime provinces. No
parity is shown to the latter points and non exists. To Montreal and Toronto
it is shown that the rates from Halifax and Saint John are the same as from
New York.
In Exhibit 11 Mr. Mann shows that the Import Class Rates to Drummond-
ville, P.Q., and west to Windsor, Ont., are the same from Halifax and Saint
John as from U.S. ports Baltimore to Portland, Me.
Our staff has examined this question in more detail and the following
shows the carload import rates as extracted from the various tariffs on file
with the Board, for the commodities designated. All rates are at the X-206-A
level:
Rate
(4 per 100 lbs.
Commodity Destination Port from except as
otherwise
shown)
Bananas Montreal Halifax-St. John 144
New York 144
Philadelphia-Baltimore 147
Jacksonville-Charleston-
Savannah-New Orleans . . 208
Miami 233
Toronto Halifax-St. John 150
New York-Philadelphia-Bal-
timore 150
Jacksonville-Charleston-
Savannah-New Orleans ... 176
Miami 201
Ore, Chrome & Manganese Welland Montreal 556 Gross ton
New York-Philadelphia-Bal-
timore 556 do
Coffee Montreal Halifax-St. John 95
Boston-New York 95
Toronto Halifax-St. John 101
Boston 101
Raw Sugar Montreal Halifax-St. John 70
Boston 70
New York 88
Philadelphia 90
Baltimore 92
Toronto Halifax-St. John 80
Boston 80
New York 92
Cotton Cornwall Halifax-St. John 92
Boston 92
New York-Philadelphia-Bal-
timore 95
27
Rate
(tf per 100 lbs.
Commodity Destination Port from except as
otherwise
shown)
Montreal Halifax-St. John 86
Boston 86
New York-Philadelphia-Bal-
timore 95
Hemp, Jute, Sisal Brantford Halifax-St. John 58
Boston 58
Jacksonville-Charleston-
Savannah-New Orleans . . 121
Miami 132
Hamilton Halifax-St. John 58
Boston 58
Montreal Halifax-St. John 56
Boston-New York 56
Jacksonville-Charleston-
Savannah-Miami-New
Orleans 178
Rice, Rough Montreal Halifax-St. John 49
New York 49
Bauxite Ore Arvida Halifax-St. John 1065 Gross ton
Portland 1065 do
New York 1226 do
Newport News 1884 do
Discussion and Conclusions
The general approach to this matter by the Applicant and its supporting
inter venors is on the grounds of equity; that is, generally speaking, discount
should be allowed when United States funds are at a discount in Canada in
the same manner as surcharge was applied when such funds were at a premium
in Canada. Additionally, some intervenors point to the fact that the Tariff
does provide for discount on traffic having its origin or destination in the
United States.
On the other hand the Maritimes Transportation Commission and the
National Harbours Board urge that to grant discount on traffic moving through
United States ports would encourage the movement away from Canadian ports
and thus be detrimental to the policy of promoting the use of our ports.
The Canadian railways, in opposing the application, have a two-fold
purpose, (1) to protect their overall revenue against exchange losses and (2)
to maintain competitive port parity in freight rates necessary to encourage the
movement of traffic through Canadian ports. The said railways appear to
recognize that they may gain some monetary advantage in refraining from
granting discount on movements through United States ports, but assert that
on the average the Currency Exchange Tariff provisions do not result in any
excess revenue.
From the point of view of the railways the entire currency exchange
arrangements arise not from the freight rates themselves but from the problem
of collecting revenue under rates expressed only in dollars and cents without
specification as to the country whose currency is to be used. It is a reason-
able conclusion that the railways of both the United States and Canada should
be entitled to payment for their services in the lawful currency of each country
in which such service is rendered. So long as these currencies are interchange-
able at the same value, there is no difficulty in paying the freight charges on
international traffic at either shipping point or destination in the appropriate
currency.
28
It was only when United States funds went to a substantial premium
about the year 1920 that difficulty occurred in the settlement of charges between
the Canadian and United States railways. These settlements involve banking
transactions, and at that time the Canadian lines had to purchase United States
dollars at a premium in order to pay the United States lines their proportion
of the revenue accruing to them from international rates. It was then that the
Canadian lines sought relief by requiring traffic to the United States to pay
the charges thereon at destination; followed shortly after by demands for pre-
payment on traffic to Canada.
As has been noted already herein, objections were made to these restric-
tions upon the normal method of payment for freight charges and the Board
declared itself without jurisdiction to require where the railways would collect
their legal revenue. The plan of surcharge followed which, on the broad
average, restored the choice of place of payment to shippers and receivers and
reimbursed the Canadian railways for their outlay in United States premium
funds.
No exceptions were made initially to the payment of surcharge when
freight charges were paid in Canada, but subsequently the United States
railroads serving the North Atlantic United States ports ranging from Norfolk,
Virginia, to Portland, Maine, elected to accept their divisions of revenue on
export traffic from Canada through these ports in the equivalent of Canadian
currency, thereby rendering it unnecessary for the Canadian lines to impose
surcharge on such traffic. Obviously this action on the part of the said United
States railroads was simply to preserve their competitive position versus
Canadian ports.
Surcharge was also applied on import traffic moving to Canada through
United States ports, thus disrupting the normal parity between such rates and
those from Canadian ports to the same Canadian destinations. The same
motive that impelled the United States lines to accept Canadian equivalent
currency on exports did not seem to prevail on import traffic.
In the year 1934 the exchange situation became reversed and the Canadian
railways could purchase United States funds to discharge their obligations
to the United States lines at a lower cost than Canadian dollars. No pro-
vision had been made for such a situation in the currency exchange tariff.
Appeals were made to the Board for relief by the shippers and receivers upon
whom the burden of surcharge had been placed previously. The Canadian rail-
ways recognized the equity of these appeals and agreed to provide such relief
with the exception that no discount would be allowed on import traffic through
United States ports due to the necessity of preserving port parity and protection
to Canadian ports. It is to be noted that the exclusion of discount on import
traffic applied to all United States ports, whereas the exception as to exports,
as already stated, was limited to traffic moving through the North Atlantic
United States ports.
From the standpoint of Canadian shippers and receivers of international
traffic a surcharge is an increase in the rate for the carriage of their goods,
and a discount is a reduction therein. If part of the money involved in the
rate charged for the movement is purchasable in depreciated currency, the
part not paid out becomes an excess charge to be disbursed through a discount,
and if the discount is not given, an increase occurs in the charge beyond that
normally stated for the service rendered.
The jurisdiction of the Board to deal with this matter was briefly referred
to by Counsel for the Applicant during the course of the hearing. He said:
"There has been some serious doubt in some respects that perhaps
the Board had any jurisdiction at any time to approve a tariff dealing
with currency exchange, and if the Board should be so disposed I should
20
like the opportunity to argue that at a later date but we do not seek
to upset what is the standard as fixed, acceptable to all industry and
the railways, if this one item can be amended." (Transcript, Vol. 1008,
P. 27)
We are not here concerned with a finding as to jurisdiction. Neither in
1920, 1934 nor since has there been any challenge of our powers to deal with
the problem. It is sufficient to state here that we consider we have ample
jurisdiction, at least, to rule upon any question of unjust discrimination which
may arise out of the provisions of the Tariff and its application, moreover
the amount payable in Canadian currency for services performed is, in our
opinion, an inclusive charge which we may deal with. The essential problem
is to arrive at a fair and reasonable disposition of the case presented to us,
with full consideration of all aspects of the situation.
As far as the Applicant's case is concerned it is evident that the bulk of
its traffic involved is bananas. These ordinarily move through United States
ports and only move through Canadian ports under some abnormal cir-
cumstances.
Mr. Jones, Chairman of the Transportation Committee of the Applicant
association stated that cargoes of bananas usually run from 150 to 275 car-
loads; that Canadian markets were unable to absorb a full cargo at one time;
that the eastern Canadian market is generally served by shipment from the
North Atlantic United States ports; but that it is necessary, at times, to
secure supplies from the South Atlantic and Gulf of Mexico ports. He also
stated that the facilities for the handling of bananas at Canadian Atlantic
ports were inadequate and the shipments through such ports suffered greater
shrinkage; and that rate parity alone would not attract the normal movement
of this traffic through Canadian ports.
Other imports such as chrome and manganese ores, hemp and sisal, and
unspecified goods referred to by the retailers' representative, appear to be
subject to conditions apart from port parity and which influence movement
through United States ports. On the other hand our tabulations herein of
railway exhibits 5 and 8 show that considerable traffic flows through both
Canadian and United States ports in varying degree of volume.
The study prepared by our staff, and inserted herein, comparing the import
rates on several commodities, indicates rate parity from Canadian ports with
rates on like goods from one or more United States ports. It is the main-
tenance of this rate parity which chiefly concerns the Maritimes Transport-
ation Commission, the National Harbours Board and the Canadian railways.
These Canadian ports are vital to our economy and the Atlantic ports are
already at a disadvantage of distance from main markets. Quite obviously
an arrangement which would reduce the outlay for transportation charges from
a United States port, without comparable treatment of the rate from Canadian
ports, will tend to promote the movement of import traffic away from Cana-
dian ports.
The general policy of government and the railways has been, and continues
to be, to promote the movement of Canadian traffic through Canadian ports.
At the same time there is recognition of the desirability of equal treatment
of the United States ports contiguous to our own. Our national ports have
been provided at considerable public expense; the Canadian railways provide
rate parity although called upon to haul traffic from the Canadian Atlantic
seaboard much greater distance than would be required if movement was
restricted through the ports located nearer to the main markets of Canada.
This Board has recognized time and again the necessity of maintaining
port relationships in the several general rate increases involving international
rates in the post-war II period and previously. In a broad sense these export
30
and import rates to and from our ports are competitive rates justified only
by port and other competiton involved in foreign trade. We are of the opinion
that the matter of rate parity in port rates cannot be lightly regarded and
set aside merely upon the grounds of inequality of treatment respecting
currency exchange.
The stress that has been laid upon port parity in this case is a vital con-
sideration of the whole problem. In 1934 it was the only reason advanced by
the Canadian railways for excluding import traffic from the discount arrange-
ment. Port parity, however, exists in Eastern Canada only with the North
Atlantic United States ports ranging from Norfolk, Va., to Portland, Me., and
in Western Canada between our Pacific ports and those in the States of Wash-
ington and Oregon. No similar parity has been observed as to other United
States ports.
The Board can see nothing objectionable in refusing discount on traffic
moving through these parity ports, but cannot support the refusal to apply
the discount provisions where such parity does not exist.
The plan envisaged in the arrangement promulgated by our General Order
No. 527 was to grant discount generally where previously surcharge had been
applied. To exclude all import traffic through United States ports from the
discount provisions of the tariff indicates an element of unjust discrimination
prevails. For example, fruits and vegetables indigenous to and shipped from
Florida are accorded discount, yet if similar traffic is imported through a
Florida port no discount is granted. We consider that such a situation, with-
out any background of port parity to justify it, constitutes unjust discrimina-
tion which should properly be removed and can be removed only by granting
the same privileges to such import traffic as accorded to domestic international
movements from United States origins.
We are impressed by the submission of the Canadian railways that their
primary objective is to protect carrier revenue and also the competitive port
relationship. We are also fully aware of the desirability and necessity of
applying the currency exchange tariff on the basis of broad averages. It does
not appear to us that these principles would be attacked by broadening the
discount provisions of the Tariff to include import traffic where parity is not
generally applied.
We find, therefore, that the non-application of discount to import traffic
from the United States ports on the Atlantic Ocean, Norfolk, Va., and north,
and from ports on the Pacific Ocean in the States of Oregon and Washington,
to destinations in Canada is justified, and the application is dismissed to that
extent.
We find, also, that the refusal to grant the discount provisions of the
Tariff on import traffic through United States ports other than those stated
in the next preceding paragraph is unwarranted and unjustly discriminatory
compared with the treatment accorded domestic international traffic between
Canada and the United States.
We rely upon the Canadian railways to remove the condition found
unjustified without issuance of an Order on our part.
CLARENCE D. SHEPARD
L. J. KNOWLES
Ottawa, February 21, 1958.
31
GENERAL ORDER No. 831
In the matter of Regulations for the Transportation of Explosives and Other
Dangerous Articles in Rail Freight and Rail Express Service including
Specifications for Shipping Containers, approved by General Order No.
779, dated January 9, 1953, as amended by Supplement No. 6 to the said
regulations, as approved by General Order No. 827, dated March 28,
1957:
File No. 1717.55
Tuesday, the 18th day of February, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon the recommendation of the Director of Operation —
It is hereby ordered as follows:
Section 73.132 of the Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express Service includ-
ing Specifications for Shipping Containers, approved by General Order No. 779,
dated January 9, 1953, as amended by Supplement No. 6 to the said regulations,
as approved by General Order No. 827, dated March 28, 1957, is deleted and
the following new section 73.132 substituted therefor:
73.132 Cement, liquid, n.o.s., container cement, linoleum cement,
pyroxylin cement, rubber cement, tile cement, wallboard cement, and
coating solution, (a) Cement, liquid, n.o.s., container cement, linoleum
cement, pyroxylin cement, rubber cement, tile cement, wallboard cement,
and coating solution must be packed in specification containers as follows:
(1) As prescribed in s. 73.119, irrespective of flash point or viscosity,
except that spec. 10A or 10B wooden barrels and kegs must not be used.
Note 1: Because of the present emergency and until further order of
the Board, rubber cement containing no carbon bisulfide may be shipped
in specification 10A, wooden barrels or kegs.
A. SYLVESTRE,
Deputy Chief Commissioner,
The Board of Transport Commissioners for Canada.
32
ORDER No. 93824
In the matter of the application of the Ontario Northland Railway, hereinafter
called the ''Applicant", under section 353 of the Railway Act, for authority
to publish a rate of Thirty-seven dollars and seventy-six cents ($37.76)
per net ton of 2,000 pounds, subject to Ex parte 206- A and 212, on silver
concentrates from Cobalt, Ontario, to East Helena, Montana, with a
declared or released valuation not to exceed One Hundred dollars
($100.00) per net ton:
File No. 406.15
Monday, the 10th day of March, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The Applicant is authorized to publish a rate of Thirty-seven dollars and
seventy-six cents ($37.76) per net ton of 2,000 pounds, subject to Ex parte
206- A and 212, on silver concentrates from Cobalt, Ontario, to East Helena,
Montana, with a declared or released valution not to exceed One Hundred
dollars ($100.00) per net ton.
H. B. CHASE,
Commissioner.
ORDER No. 93831
In the matter of the application of Northern Transportation Company Limited,
hereinafter called the "Applicant", for a licence under section 10 of the
Transport Act:
File No. 42076.33
Tuesday, the 11th day of March, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
Licence No. C.T.C. (WT) 341 is issued to the Applicant licensing, for the
period of one year commencing February 9, 1958, the following ships to trans-
port goods by water between all ports and places in Canada in the areas
designated herein with respect to each ship:
On rivers, streams, lakes and other waters within the watershed of the
Mackenzie River, except Fort Nelson River, and Liard River (other than the
Fort Simpson Airport)
Official
Gross
Vessel Name
Registry No.
Tonnage
Radium Queen
159001
108.37
Radium King
159002
115.34
40.37
Great Bear
170938
153.00
Radium Cruiser
171801
27.00
Radium Express
171802
87.59
Radium Prince
175123
42.07
33
Official Gross
Vessel Name Registry No. Tonnage
George Askew 175156 127.19
Slave 176218 69.45
Radium Gilbert 177784 296.79
Radium Charles 179097 230.05
Radium Scout 179098 23 18
Radium Yellowknife 190334 235.45
Peace 192899 69.45
Niangua 192908 21. 23
Radium Franklin 194887 118 81
Horn River In process of registration (est) 89.00
Radium Prospector 188350 198.80
Radium Miner 188351 199.75
Radium Trader 188352 199.77
Slave River 152590 50.31
Radium Dew 198913 288.97
Pelican Rapids 175564 163.70
Watson Lake 175563 26.07
Stuart Lake 175562 14.73
Radium 10 171816 71.15
Radium 75 179089 64.63
Radium 76 194888 77.14
Radium 77 194889 77.14
Radium 78 194890 77.14
Radium 80 173706 192 44
Radium 101 179088 107.49
Radium 102 190806 105.85
Radium 103 194891 105.85
Radium 104 189222 107.91
Radium 303 179099 168.78
Radium 304 179100 168.78
Radium 350 195242 213.41
Radium 351 195243 213.41
Radium 352 195244 213.41
Radium 400 175153 227.32
Radium 402 175155 406.60
Radium 403 176215 227.32
Radium 404 176216 227.32
Radium 405 177785 220.83
Radium 406 177786 220.83
Radium 407 177787 220.83
Radium 408 177788 220.83
Radium 409 177789 220.83
Radium 410 177790 220 83
Radium 411 178031 220.83
Radium 412 178032 220.83
Radium 413 178033 220. 83
Radium 415 178035 220.83
Radium 416 179422 220.83
Radium 417 179423 220.83
Radium 418 179424 220.83
Radium 419 179425 220.83
Radium 420 179426 220.83
Radium 421 179427 220.83
Radium 422 179428 220.83
Radium 423 179429 220.83
Radium 424 190807 220.83
Radium 425 190808 220.83
Radium 426 190809 220.83
Radium 427 190810 220.83
Radium 428 190811 220.83
34
Official
Gross
Vessel
Name
Registry No.
Tonnage
Radium
429
190812
220.83
Radium
430
190813
220.83
Radium
432
190815
220.83
Radium
433
190816
220 83
Radium
434
190817
220.83
Radium
435
190818
220.83
Radium
500
197409
272. .47
Radium
501
197411
272.47
Radium
502
197415
272.47
Radium
600
198137
319.71
Radium
601
198138
319.75
Radium
602
198617
319.25
Radium
603
198618
319.09
Radium
604
198623
320.24
Radium
605
198624
320.24
Radium
606
198626
320.24
Radium
607
198640
320.24
Radium
608
198641
320.24
Radium
609
198655
320.24
Radium
610
188571
320.24
Radium
611
188572
320.24
Radium
612
188573
320.24
Radium
613
188575
320.24
Radium
614
188576
320.24
Radium
615
188586
320.24
Radium
616
188587
320.24
Radium
617
188588
320.24
Radium
618
188592
320.24
Radium
619
188598
320.24
Radium
620
188601
320.24
Radium
621
188602
320.24
Radium
622
188607
320.24
Radium
623
188608
320.24
Radium
624
188612
320.24
Radium
625
188615
320.24
Radium
626
188621
320.24
Radium
627
188622
320.24
Radium
628
188626
320.24
Radium
629
188629
320.24
Radium
630
188639
320.24
Radium
631
188643
320.24
Radium
632
188646
320.24
Radium
633
188651
320.24
Radium
634
188657
320.24
Radium
635
188658
320.24
HBC No. 209
193282
364.89
HBC No. 210
193283
364.89
HBC No. 211
175554
295.83
HBC No. 212
175555
295.83
HBC No. 254
175556
215.66
HBC No. 255
175557
215.66
HBC No. 256
175558
215.66
HBC No. 257
ni e oft
HBC No. 258
175560
419.78
HBC No. 259
175561
419.78
HBC No. 260
188244
419.78
HBC No. 261
188245
419.78
H.
B. CHASE,
Commissioner.
35
ORDER No. 93918
In the matter of the application of Yankcanuck Steamships Limited for a
licence under section 10 of the Transport Act:
File No. 42076.48.
Thursday, the 20th day of March, A.D. 1958.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
Licence No. C.T.C. (WT) 342 shall be issued to Yankcanuck Steamships
Limited licensing, for the period of one year commencing January 15, 1958,
the following ships to transport iron and steel products consisting of bars,
billets, slabs, strip or skelp, by water between all ports and places in Canada
on Lakes Ontario, Erie, Huron, (including Georgian Bay), and Superior and
their connecting waters, including the St. Lawrence River and its tributaries
as far seaward as the west end of the Island of Orleans —
Official Gross
Vessel Name Registry No. Tonnage
Manzzutti 145462 1,528
Mancox 145465 1,550
H. B. CHASE,
Commissioner,
ORDER No. 93937
In the matter of the Regulations for the Transportation of Explosives and
Other Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717.154
Friday, the 21st day of March, A.D. 1958.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
1. Until further order of the Board, railway companies subject to the
jurisdiction of the Board are hereby authorized to receive for shipment and
transport via rail freight, subject to the provisions of this Order, hydrofluoric
acid or fluoboric acid not exceeding 70 per cent strength.
2. The inside container shall be a polyethylene carboy which satisfies all
those requirements of Specification IF or 1G which pertain to the inside
container.
36
3. The inside container shall be enclosed in a wirebound plywood or
wooden box which shall comply with Specification 16 A, except as provided
below:
Nominal Capacity of Inside Container
(a)
Faceboard thickness
Group 2 Woods
Group 3 Woods
Group 4 Woods
(sides only)
Cleats
Outside and interrupted cleats
Intermediate cleats
Binding wires
(Double dipped galvanized or
specially coated)
Number and gauge over outside cleats
Number and gauge over intermediate
cleats or intermediate wires
Staples
In outside and interrupted cleats
In intermediate cleats
Over intermediate wires
Note: A 2" gap between staples
must be provided in the center of
each line of staples over the inter-
mediate cleats.
Not over
5% Imperial
Gallons
5/16"
1/4" Resawn
1/4" Resawn
13/16" x 7/8'
5-1/2" x 3/8'
2-13 gauge
2-14 gauge (not
over 4 gallons)
4-14 gauge (not
over 5^ gallons)
l-l/4"-16 gauge
7/8"-16 gauge
7-16"-18 gauge
Not over
11 Imperial
Gallons
3/8"
5/16'
5/16'
13/16'
5-1/2'
x 7/8'
x 3/8'
2-12 gauge
4-13 gauge
l-l/4"-16 gauge
7/8"-16 gauge
1-2"- 18 gauge
Top
Face material thickness
Battens
Base
Face material thickness
Edge strips
Center strips
9/16"
1-3/8" x 9/16'
3/8"
1-1/4" x 3/8"
3-1/8" x 3/8"
13/16"
1-7/8" x 13/16'
3/8"
3-1/8" x 3/8"
3-1/8" x 3/8"
Note 1: A hole of suitable type may be left in top of box to provide for protruding
neck of inner container.
Note 2: The inside walls shall be free of projections likely to cause damage to the
polyethylene carboy.
(b) Complete package, filled as for shipment with a non-hazardous liquid
of a specific gravity equal to the liquid to be shipped, must be capable of with-
standing 2 drops from a height of 4 feet onto solid concrete, the first drop to
be made diagonally so top corner will strike the concrete; the second drop
onto a 2-inch by 6-inch timber resting on the concrete with a 6-inch leg
vertical, the drop being made with the box in a horizontal position and at right
angles to the timber so that impact is near the center of the box side wall. The
completed package must withstand these tests without serious rupture of the
box and without producing a condition of the box that could result in potential
damage to the inside container.
4. The white label as prescribed in Section 73.407 shall be attached by the
shipper to the outside wooden box which shall also be plainly marked "B.T.C.
Permit No. A-41" with letters and figures at least \ inch high. This mark
37
shall be understood to certify that the box complies with all the requirements
of this Order. Hydrofluoric acid shall be classed as ''corrosive liquid" and
fluoboric acid shall be classed as "Corrosive liquid, n.o.s.". All bills of lading,
shipping orders or other shipping papers shall make reference to the B.T.C.
permit number.
5. Except as specifically provided in this Order, the shipper and carrier
are not relieved of compliance with any applicable regulations of the B.T.C.
Regulations for the "Transportation of Explosives and Other Dangerous
Articles in Rail Freight and Rail Express Service".
H. B. CHASE,
Commissioner.
ORDER No. 93970
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation, issued on February
15, 1958, to be effective on March 16, 1958, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit, Michigan;
and Order No. 93843, dated March 11, 1958:
File No. 35943.5.
Thursday, the 27th day of March, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
L. J. Knowles, Commissioner.
The Board having changed the date of the hearing, which was set forth
in the said Order No. 93843, from April 15, 1958, to May 13, 1958.
It is hereby ordered as folloius:
The said Order No. 93843 is amended by substituting "May 13, 1958," for
"April 15, 1958," in paragraph numbered two thereof.
HUGH WARDROPE,
Assistant Chief Commissioner.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
FEBRUARY, 1958
Railway Accidents 133 Killed 4 Injured 135
Level Crossing Accidents 48 Killed 18 Injured 55
Total 181 22 190
Killed Injured
Passengers — 26
Employees 1 107
Others 21 57
22 190
38
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Newfoundland
Killed Injured
— 2 Automobile ran into side of train. License: Nfld. 17936.
New Brunswick
— 3 Auto truck ran into side of train. License: N.B. C-31183.
Quebec »
1 2 Automobile struck by train. License: Que. 64-437.
1 1 Auto truck struck by train. License: Que. XX-5100.
— 3 Auto truck struck by train. License: Que. FA-4116.
— 1 Automobile ran into side of train. License: Que. 639-515.
— 2 Automobile ran into side of snowplow. License: Que. 522-455.
1 — Pedestrian struck by train.
— 1 Automobile ran into side of train. License: N.S. 93196.
— 1 Automobile ran into side of train. License: Que. 414-239.
Ontario
— 2 Tank Trailer truck loaded with liquid caustic soda struck by train.
License: Ont. 258-79-C.
— 1 Automobile struck by train. License: Ont. 867-028.
2 — Automobile struck by train. License: Ont. 382-172.
— 1 Automobile struck by train. License: Ont. 709-599.
— 3 Auto truck struck by train. License: Ont. 14681.
— 1 Automobile struck by train. License: Ont. F-96231.
— 1 Automobile struck by train. License: Ont. H-72301.
1 — Automobile ran into side of train. License: Ont. D-1181.
1 — Auto truck struck by train. License: Ont. 61137-B.
2 — Automobile struck by train. License: Ont. 297-481.
— 1 Automobile struck by train. License: Ont. F-50747.
— 2 Automobile struck by train. License: Ont. B-25601.
— 1 Automobile ran into side of train. License: Ont. A-74934.
1 — Automobile struck by train. License: Ont. 14207.
1 2 Automobile struck by train. License: Ont. 96156.
— 1 Automobile struck by train. License: Ont. C-46258.
— 1 Automobile ran into side of train. License: Ont. 934-429.
— 1 Tank truck struck by train. License: Ont. 71726-A.
2 — Automobile struck by train. License: Ont. 120-045.
— 1 Auto truck struck by train. License not given.
— 1 Automobile struck by train. License not given.
1 — Automobile ran into side of train. License: Ont. 831-935.
— 1 Auto truck struck by RDC Unit. License: Ont. A-135-124.
— 2 Automobile ran into side of train. License: Ont. 554-142.
— 1 Automobile ran into side of train. License: Ont. B-26380.
— 1 Automobile struck by train. License: Ont. 889-849.
— 1 Automobile ran into side of train. License not given.
— 2 Auto truck struck by train. License: Ont. 40444-B.
1 — Automobile struck by train. License: Ont. 435-208.
Manitoba
— 1 Auto truck struck by train. License: Man. F-31572.
1 1 Automobile struck by train. License: Man. 4-X-646.
— 2 Auto truck struck by train. License: Man. 73-598.
— 1 Auto truck ran into side of train. License: Man. T-5793.
— 1 Automobile ran into side of train. License: Man. 81-N-6.
Alberta
— 2 Automobile struck by train. License: Alta. UW-322.
2 — Auto truck struck by train. License: Alta. F-1694-17.
— 1 Auto truck ran into side of train. License: B.C. C-77-865.
39
Killed Injured
British Columbia
— 2 Automobile ran into side of train. License: Alta. YJ-328.
Of the 48 accidents at highway crossings, 23 occurred at unprotected crossings,
and 15 at protected crossings, 21 occurred after sunrise and 27 after sunset.
Ottawa, Ontario,
March 28th, 1958.
SUMMARY OF ORDERS ISSUED BY THE BOARD
93824 Mar. 10- — Authorizing Ontario Northland Railway to publish a rate of $37.76
per ton subject to Ex parte 206-A and 212 on silver concentrates
from Cobalt, Ont. to East Helena, Montana.
93825 Mar. 10 — Permitting the removal of slow order at C.P.R. crossing of Warden
Ave., Toronto, Ont.
93826 Mar. 10 — Permitting the removal of slow order at C.N.R. crossing of Galloway
Road, east of Scarboro, Ont.
93827 Mar. 10 — Approving operation of C.P.R. trains over private siding serving
the Gypsum, Lime and Alabastine Canada Ltd. in Townships of
West Oxford and North Oxford, Ont.
93828 Mar. 10— Authorizing the C.N.R. to reconstruct the crossing of highway and
the railway formerly owned by the N.Y.C. Township of Gloucester,
Ontario.
93829 Mar. 10 — Approving operation of C.N.R. trains over private sidings serving the
Welland Vale Mnfg. Co. Ltd. at St. Catharines, Ont.
93830 Mar. 11— In the matter of application of the C.N.R. on behalf of Imperial
Oil Ltd. for approval of proposed location for storage of flammable
liquids at Edgerton, Alta.
93831 Mar. 11 — In the matter of application of Northern Transportation Co. Ltd.
for licence under section 10 of the Transport Act.
93832 Mar. 11— In the matter of application of C.P.R. on behalf of Royalite Oil
Company Ltd. for approval of location of facilities for storage of
flammable liquids for the Albertan Publishing Co. Ltd. at Calgary,
Alta.
93833 Mar. 11 — Authorizing the C.P.R. to operate trains under the overhead bridge
in the Town of Kenora, Ontario.
93834 Mar. 11 — In the matter of the St. Lawrence Propane Ltd., unloading liquefied
gas from tank cars to tank trucks on the C.P.R. tracks at Cornwall,
Ontario.
93835 Mar. 11 — Permitting the removal of slow order at C.N.R. crossing of Boveri
St., St. Johns, Que.
93836 Mar. 11 — In the matter of application of the County of Welland, Ont. for
authority to construct West Side Road across the C.N.R. by means
of an overhead bridge in the County of Welland.
93837 Mar. 11 — Authorizing the C.P.R. to replace the timber approach trestle at
the north end of the bridge and east leg of wye at Windsor, N.S.
93838 Mar. 11— In the matter of application of The Bell Telephone Co. of Canada
for approval of supplement to Service Station Contract and the
Lake Charles Telephone Co. Ltd.
93839 Mar. 11 — Authorizing C.N.R. and C.P.R. to operate their trains over the inter-
change trackage commencing at mileage 1.6, Lanigan Subd., Sask.
93840 Mar. 11 — Authorizing C.N.R. to lengthen the westward approach circuit for
the protection at the crossing of their railway at mileage 6.54,
Chatham Subd., Ont.
93841 Mar. 11 — Requiring the C.N.R. to install certain protection at the crossing
of Highway No. 2 at mileage 46.43 Chatham Subd., Ont.
93842 Mar. 11 — Authorizing C.N.R. to construct a siding across Martin St. in East
Edmonton, Alta. 1
93843 Mar. 11— In the matter of Tariff C.T.C. 25 of the Detroit & Windsor Subway
Co. and Detroit & Canada Tunnel Corp. in respect to tunnel between
Windsor, Ont.. and Detroit, Mich.
93844 Mar. 10— Appointing Mr. Commi ssioner H. B. Chase, C.B.E. in the absence
of the Asst. Chief Commissioner to sign regulations, orders, etc.
40
93845 Mar. 12 — Authorizing Trans-Northern Pipe Lines Co. to open for trans-
portation of petroleum a portion of its pipe line in the Township
of Toronto.
93846 Mar. 12 — Authorizing Trans-Canada Pipe Lines Ltd. on behalf of Western
Pipe Lines Ltd. to open for the transportation of natural gas a
portion of its company pipe line in vicinity of Welland Canal, Twp.
of Thorold, Ont.
93847 Mar. 12 — Authorizing C.P.R. on behalf of Dominion Atlantic Railway Co. to
replace the existing trestle at mileage 31.90 Kentville Subdivision,
N.S.
93848 Mar. 12 — Requiring the C.N.R. to install certain protection at the crossing of
Barton St., Hamilton, Ont.
93849 Mar. 12 — Permitting the removal of slow order at C.N.R. crossing in the
Village of Bic, Que.
93850 Mar. 12 — Relieving the C.P.R. from erecting right-of-way fencing between
certain mileages along east side of its Prince Albert Subdivision.
93851 Mar. 12 — Permitting the removal of slow order at C.P.R. crossing of Regent
St., Sudbury, Ont.
93852 Mar. 12 — Authorizing C.N.R. to operate over the approach of their bridge
over the South Thompson River, B.C.
93853 Mar. 12 — Authorizing C.P.R. to operate its trains under the overhead bridge
over Kipp St., Nobleford, Alta.
93854 Mar. 12 — Authorizing Niagara, St. Catharines & Toronto Railway Co. to make
alterations to its bridge over Clarke St., Merritton, Ont.
93855 Mar. 13 — In the matter of application of C.N.R. for approval of plan showing
changes in protection at the crossing of Highway No. 7 and their
railway at mileage 32.22, Fergus Subd.
93856 Mar. 13 — Authorizing C.P.R. to operate under the overhead bridge at mileage
26.68 Mountain Subd., B.C.
93857 Mar. 13 — Authorizing the Greater Vancouver Sewerage and Drainage District
to construct a concrete sewer across the Trans-Mountain Oil Pipe
Line Co. at Lyndhurst St., Munic. of Burnaby, B.C.
)3858 Mar. 13 — Authorizing C.P.R. to operate the bridge at mileage 83.18, Nelson
Subd., B.C.
93859 Mar. 13 — Authorizing C.N.R. to reconstruct the temporary bridge over the
culvert at mileage 3.38, Dunelm Subd., Sask.
33860 Mar. 13 — Authorizing C.N.R. to reconstruct the temporary bridge over the
creek at mileage 50.8 Skeena Subd., B.C.
93361 Mar. 13— Authorizing C.N.R. to construct their passing siding extension at
Elma, Man.
93862 Mar. 13 — Authorizing C.N.R. to construct an extension to its passing siding
across the highway at Westlang, B.C.
93863 Mar. 13— Permitting the removal of slow order at C.N.R. crossing of William
St., Smiths' Falls, Ont.
93864 Mar. 13— Permitting the removal of slow order at C.P.R. crossing of Coallier
St., West Hull, Que.
93865 Mar. 13 — Permitting the removal of slow order at C.P.R. crossing of York
Road, City of Guelph, Ont.
93866 Mar. 13— Permitting the removal of slow order at C.N.R. crossing north of
station at Pefferlaw, Ont. .
93867 Mar. 13— Requiring the C.N.R. to install certain protection at the crossing of
Main St., Alexandria, Ont.
93868 Mar. 14— Permitting the removal of slow order at C.P.R. crossing of Fernie
Road at mileage 4.7 Lake Windermere Subd.
93869 Mar. 14— In the matter of application of B.C. Dept. of Highways to install
automatic protection at the crossings of Highway No. 4 and the
Esquimalt & Nanaimo Railway Co. at Parksville, B.C.
93870 Mar. 14— Approving clearances of piggyback tracks of the C.P.R. in the City
of Toronto, Ont.
93871 Mar. 14— Authorizing C.P.R. to rearrange the crossing protection at the cross-
ing of its railway and Dorchester St., Quebec, P.Q.
93872 Mar. 14— Authorizing the N.S. Dept. of Highwavs to construct the highway
across the C.N.R. at Oxford, N.S.
41
93873 Mar. 14 — Approving location of C.P.R. station shelter proposed to be erected
at Nestorville, Ont.
93874 Mar. 14— In the matter of the filing of tariffs by the B.C. Telephone Co.
93875 Mar. 14— Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
93876 Mar. 14 — Authorizing the Rural Munic. of South Cypress, Man., to construct
a highway across the C.P.R. at Stockton, Man.
93877 Mar. 14 — Authorizing The Hydro Electric Power Commission on Ontario to
construct a diversion of St. Andrews Road where it crosses the
C.N.R. at Cornwall, Ontario.
93878 Mar. 14 — Permitting the removal of slow order at C.N.R. crossing at Lachine,
Quebec.
93879 Mar. 14 — Authorizing the City of Prince Albert, Sask., to construct the lane
crossing the C.N.R. at Mileage 0.32 Blaine Lake Subd.
93880 Mar. 14 — Authorizing the Ontario Natural Gas Storage and Pipe Lines Limited
to construct a gas main across the Interprovincial Pipe Line Com-
pany's pipe line in the Twp. of West Nissouri, Ontario.
93881 Mar. 14 — Authorizing the C.N.R. to reconstruct the timber trestle over
Kwinitsa River, B.C.
93882 Mar. 14 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Pontrilas, Sask.
93883 Mar. 17 — Authorizing the C.N.R. to operate over the coal trestle at Camp
Gagetown, N.B.
93884 Mar. 17 — Authorizing the C.P.R. to remove the caretaker at Lakeside,
Ontario.
93885 Mar. 17 — In the matter of application of Trans-Canada Pipe Lines Limited,
for approval of its company pipe line from Township of Vespra to
Township of Vaughan, Ontario.
93886 Mar. 17 — Permitting the removal of slow order at C.N.R. crossing at Mileage
280.28 Bishop's Falls Subd., Nfld.
93887 Mar. 17 — Authorizing the C.N.R. to reconstruct the trestle over the Fir River,
Sask.
93888 Mar. 17 — Requiring the C.N.R. to install certain protection at the crossing
of Finch Avenue, Twp. of North York, Ontario.
93889 Mar. 17 — In the matter of application of the C.N.R. on behalf of La Co-
operative de St. Jean-Baptiste Limited, for approval of location of
facilities for storage of flammable liquids at St. Jean Baptiste, Man.
93890 Mar. 17 — In the matter of application of the C.N.R. on behalf of Clearwater
Timber Products Limited for approval of location of facilities for
storage of flammable liquids at Clearwater, B.C.
93891 Mar. 17 — In the matter of application of the C.N.R. on behalf of Shell Oil
Company of Canada Limited, for approval of location of facilities
for the storage of flammable liquids at Prince Rupert, B.C.
93892 Mar. 17 — Authorizing the C.N.R. to operate over the subway at Riverside
Drive, B.C., Mileage 73.16 Cowichan Subd.
93893 Mar. 18 — In the matter of application of the B.C. Department of Highways
for authority to construct the Trans-Canada Highway across the
C.N.R. by means of an overhead bridge at Mileage 13.7 Yale Subd.,
B.C.
93894 Mar. 18 — In the matter of application of the Northern Alberta Railways Com-
pany, on behalf of North Star Oil Limited, for approval of proposed
location of additional facilities for storage of flammable liquids at
Grimshaw, Alta.
93895 Mar. 18— In the matter of the application of the C.P.R. on behalf of Shell Oil
Company of Canada Limited, for approval of location of facilities
for storage of flammable liquids at St. Georges, P.Q.
93896 Mar. 18 — Authorizing the C.P.R. to close the station at Darling, Ontario.
93897 Mar. 18 — Permitting the removal fo slow order at C.N.R. crossing third west
of the station at St. Tite, Que.
93898 Mar. 18 — Authorizing the Rural Munic. of St. Louis No. 431, Sask. to construct
the highway across the C.N.R. at Mileage 82.18 Cudworth Subd.
42
93899 Mar. 18 — In the matter of application of the C.N.R. on behalf of Imperial
Oil Limited, for approval of proposed location of facilities for
storage of flammable liquids at Gaspe, Quebec.
93900 Mar. 18 — Authorizing the Munic. of St. Isidore de Lauzon to widen the high-
way where it crosses the Quebec Central Railway Company in the
Parish of St. Isidore de Lauzon, Que.
93901 Mar. 18— In the matter of application of the C.N.R. on behalf of Canadian
Import Company, for approval of proposed location of facilities for
storage of flammable liquids at St. Jerome, Quebec.
93902 Mar. 19 — Authorizing the C.P.R. to operate its trains over the pile trestle at
Mileage 102.4 Ste. Agathe Subd., Que.
93903 Mar. 19 — Authorizing the Sask. Department of Highways and Transportation
to widen the highway where it crosses the C.N.R. at Mileage 61.69
Dodland Subd.
93904 Mar. 19 — Authorizing the B.C. Department of Highways to relocate the high-
way where it crosses the C.N.R. at Mileage 67.51 Clearwater Subd.
93905 Mar. 19 — Authorizing the C.N.R. to reconstruct the west approach to the steel
bridge over the Red Deer River, Sask., Mileage 92.9 Erwood Subd.
93906 Mar. 20 — Authorizing the C.N.R. to construct an extension to its siding across
the highway at Mileage 110.11 Viking Subd., Alta.
93907 Mar. 20 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 12 near Ste. Anne, Man.
93908 Mar. 20 — In the matter of application of Trans Mountain Oil Pipe Line Com-
pany for an order approving the location of a portion of its pipe
line loop in the Yale Division of the Yale District, B.C.
93909 Mar. 20 — Authorizing the C.P.R. to abolish the position of caretaker at
Kilburn, N.B.
93910 Mar. 20 — Permitting the removal of slow order at C.N.R. crossing east of the
station at Waldron, Sask.
93911 Mar. 20 — Requiring the C.P.R. to install certain protection at the crossing of
Evans Avenue, Twp. of Etobicoke, Ontario.
93912 Mar. 20 — Authorizing the B.C. Dept. of Highways to construct the highway
across the C.P.R. at Harrop, B.C.
93913 Mar. 20 — In the matter of application of the Sask. Department of Highways
for authority to construct Highway No. 15 across the C.P.R. in the
Province of Sask.
93914 Mar. 20 — Authorizing the C.N.R. to operate its trains over the subway at
97th Street, in Edmonton, Alta.
93915 Mar. 20 — Relieving the C.P.R. from erecting right of way fencing on the
south side of its Indian Head Subd., between Mileages 0 and 0.5,
Sask.
93916 Mar. 20 — In the matter of application of the C.N.R. for authority to install
automatic protection in lieu of the existing protection at Dewdney,
Ave., Regina, Sask.
93917 Mar. 20 — In the matter of application of the C.N.R. for an order authorizing
the installation of automatic protection at Merivale Road, Ontario,
Mileage 7.20 Beachburg Subd.
93918 Mar. 20 — In the matter of application of Yankcanuck Steamships Limited for
a licence under section 10 of the Transport Act.
93919 Mar. 20 — In the matter of the application of the C.N.R. for an order authoriz-
ing an extension of time within which it is required to install
automatic protection at the crossing of Highway No. 14, south of
Marmora, Ontario, Mileage 27.13 Maynooth Subd.
93920 Mar. 20 — Permitting the removal of slow order at the crossing of Ottawa
Street and the T.H. & B. Rly. Company, Hamilton, Ontario.
93921 Mar. 20 — Permitting the removal of slow order at C.N.R. crossing of Robinson
Road, Mileage 35.75 Cayuga Subd., Ontario.
93922 Mar. 20 — Permitting the removal of slow order at C.N.R. crossing of Guelph
Line Road, Burlington, Ontario.
93923 Mar. 20 — Authorizing the Corbett Lumber Company to construct a private
logging road over the company pipe line of Trans-Mountain Oil Pipe
Line Company, Province of B.C.
93924 Mar. 21 — Authorizing the C.N.R. to operate over the Point Ellice bridge in
Victoria, B.C.
®fje Poarb of
3£ran£port Commissioner* for Canatra
Judgments, Orders, Regulations, and Rulings
Vol. XLVII OTTAWA, l/idy 1, 1958 No. 3
This publication is issued fortnightly, on the 1st" and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per .cent-discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
Application of Macleod's Limited, Winnipeg, Manitoba, for a ruling as to the
applicable rate on bicycles, shipped from Montreal, P.Q., to Winnipeg,
Manitoba, on May 10, 1957, under the provisions of Item 720 of Canada
Steamship Lines' Tariff No. 100-P, C.T.C. 270
File 44796.
J. W. Haigh, for Applicant.
Hazen Hansard, Q.C., for Respondent, Canada Steamship Lines
Limited.
RULING
By the Board:
The Applicant, Macleod's Limited, seeks a ruling as to the correct rate to
apply to a shipment of bicycles from Montreal, P.Q., to Winnipeg, Manitoba,
on May 10, 1957, in accordance with the provisions of Item 720 of Canada
Steamship Lines' Tariff, C.T.C. 270. Both the applicant and the respondent
carrier request that the Board decide the matter at issue upon the written
submissions they have filed and have agreed to be bound thereby.
The relevant provisions of Tariff C.T.C. 270 at the time of movement were
as follows:
(a) Item 720, 1st Revised Page 32, effective March 15, 1957, which named
a rate of $3.11 per 100 pounds on bicycles and bicycle parts from
Montreal to Winnipeg, with a carload minimum weight of 16,000
pounds, subject to Rule 34 of the Canadian Freight Classification;
(b) Supplement No 2, effective March 15, 1957, and the only supplement
in effect, which provided for increases in rates by means of a con-
version table; and
53757-1—1
43
44
(c) Rule A, Original Page 3A, effective March 15, 1957, which provided
for an additional increase of 2 cents per 100 pounds on the rates shown
in the tariff, or as amended, with the exception of certain tariff items,
not including Item 720.
According to the applicant's interpretation of the tariff provisions, the
applicable rate should be $3.13 per 100 pounds, composed of the basic rate
of $3.11 and the increase of 2 cents provided in Rule A. He submits that the
increase in rates provided by Supplement No. 2 does not apply to Item 720 and
he cites in support of his view the wording used in connection with the con-
version table. The respondent carrier, however, maintains that the applicable
rate was $3.51 per 100 pounds, being the basic rate of $3.11 increased to $3.49 by
Supplement No. 2, plus 2 cents in accordance with Rule A of the tariff. The
sole point at issue, therefore, is whether the increases provided in Supplement
No. 2 applied to Item 720 at the time of movement of the shipment.
The reason for issuance of Supplement No. 2 is shown as "Advance" in the
upper margin of its title page. Each page of the supplement carries the
following provision at the head of a conversion table:
"COMMODITIES AND RATES
"Except as otherwise indicated, rates in items listed hereunder are hereby
increased to the extent indicated in Conversion Table, below.
"CONVERSION TABLE
"Where the rate in effect prior to March 15, 1957, is as shown in "A",
apply the rate shown opposite thereto in Column "B"."
The Conversion Table in the supplement shows the following rates for
Item 720: —
ITEM NO. ABABABAB
720 311 349 432 483 467 522 550 613
The rates shown under Column "A" above are those set out in Item 720 of
the Tariff, 1st Revised Page 32, effective March 15, 1957.
It is the wording of the provisions quoted above which forms the principal
basis of the applicant's contention that the increases in Supplement No. 2 do
not apply to Item 720. He states that the rate on bicycles from Montreal to
Winnipeg which was in effect prior to March 15, 1957 was not $3.11 but $3.35
per 100 pounds, and he argues from this that, as the rate of $3.11 appearing
in Column "A" was not the rate in effect prior to March 15, 1957, this constitutes
"an indication otherwise" and Supplement No. 2 does not therefore apply to
Item 720.
In brief, the submission of the respondent carrier is that Supplement No. 2
was expressly stated as "advancing" the rates rather than reducing them, or
any of them; that Item 720 was expressly enumerated in Supplement No. 2
with provision for an increase in all of its rates; that the applicant seeks to read
the clear, specific provision for increase set opposite Item 720 as an "indication
otherwise", although it is obviously the same as all the other provisions for
increase shown in the conversion table; and that the applicant's contention would
involve reading into the opening phrase of the instructions as to use of the
conversion table the word "immediately" so that it would read "Where the
rate in effect immediately prior to March 15, 1957 ". As an example
of a case where there is an indication otherwise, the respondent points to
45
Item 700 on 1st Revised Page 32, immediately preceding Item 720. Item 700
contains the reference mark ® which is explained at the foot of the page as
"Not subject to Rule A and Supplement No. 2 of this Tariff".
With respect to the construction of tariffs of tolls, this Board, as well as
the Interstate Commerce Commission, has stated the guiding principles many
times. The following quotations from previous judgments are pertinent to
the present application:
"Although doubt as to the meaning of a tariff must be resolved in
favour of the shipper and against the carrier which compiled it, the
doubt must be a reasonable one and the terms of a tariff must be taken in
the sense in which they are generally understood and accepted com-
mercially. All of the pertinent provisions of a tariff must be considered
together, and, if those provisions may be said to express the intention of
the framers under a fair and reasonable construction, that intention must
be given effect."
118 I.C.C. 186; 161 I.C.C. 77; Volume 23, Board's Judgments and Orders,
at p. 53 and p. 191; Volume 25, Board's Judgments and Orders, at p. 103.
"The Board has stated that neither carriers nor shippers can be per-
mitted to urge, for their own purposes, a strained and unnatural con-
struction of tariffs. Where such a construction is at variance with the plain
purpose of the tariff and would produce results clearly repugnant to justice,
it is our duty to reject it."
Volume 25, Board's Judgments and Orders, at p. 325.
Supplement No. 2 to Tariff C.T.C. 270, effective March 15, 1957, provides
for increases in rates listed by tariff item number under Column "A" of a
conversion table; it makes no mention of reductions in rates. As stated above,
the rates shown under Column "A" for Item 720 are identical to those set out
in the same item on 1st Revised Page 32, which page was also effective March 15,
1957. Supplement No. 1, effective July 3, 1956, and which was cancelled by
Supplement No. 2, also provided for increases in rates, the $3.11 rate in Item
720 being increased to $3.35 under its provisions. The applicant asserts that
the phrase "rate in effect prior to March 15, 1957", contained in the instructions
in Supplement No. 2 for using the conversion table, must mean this rate of
$3.35 per 100 pounds, so far as his particular shipment is concerned. Since
the conversion table in Supplement No. 2 does not name a rate of $3.35 for
Item 720 in Column "A", the applicant interprets this as an "indication
otherwise", or an exception to the increases provided by Supplement No. 2,
and concludes that such increase supplement does not apply to the basic rate
of $3.11 per 100 pounds named in Item 720 of the tariff.
Supplement No. 1, which increased the basic rate of $3.11 to $3.35, was
cancelled by Supplement No. 2, effective March 15, 1957, and Supplement No. 1
cannot be reinstated by a mere reference in Supplement No. 2 to rates in effect
prior to March 15, 1957. Effective with the cancellation of Supplement No. 1,
therefore, the only rates to which the increases provided by Supplement No. 2
could apply were those set out in the various items of Tariff C.T.C. 270, includ-
ing the rates named in Item 720, 1st Revised Page 32, effective March 15, 1957.
All the rates shown under Column "A" against Item 720 in Supplement
No. 2 are plainly those set out in Item 720 on 1st Revised Page 32 of the tariff
and there is no specific indication that this Item is not subject to Supplement
No 2. There is, on the contrary, an express provision, in Supplement No. 2,
for increases in rates in the items listed in the conversion table, except as
otherwise indicated, and there is no mention of reductions in rates. We are
53757-1— U
46
therefore unable to conclude that the applicant's inference from the phrase
"prior to March 15, 1957" constitutes an "indication otherwise" in this particular
case.
It is true that the respondent carrier, by referring to rates in effect "prior
to March 15, 1957", has used a description which has introduced some doubt
into the mind of the applicant but, in the light of all of the pertinent provisions
of the tariff, this doubt has not been shown to be a reasonable one.
We consider that the phrase "rate in effect prior to March 15, 1957", as
used in Supplement No. 2, cannot mean rates expressly cancelled by that
Supplement and must reasonably be interpreted to mean those rates in effect
prior to March 15, 1957 and still in effect in the various tariff items; that is
to say, the rates exclusive of the increases provided in the cancelled Supplement
No. 1.
While this application is launched with respect to a single rate on a single
shipment, it must be noted that it is predicated upon a phrase applicable to all
rates shown in Column "A" of the conversion table contained in Supplement
No. 2. If the reasoning of the applicant were to be accepted, it must be con-
cluded that most, if not all, of the increases provided by Supplement No. 2
would be nullified, despite the clearly stated purpose of the supplement to
provide for increases in rates. We do not think that such a construction of
the tariff provisions in issue can be seriously defended; it is completely opposed
to the plain purpose of Supplement No. 2 and would produce results clearly
repugnant to justice. It is our duty to reject it.
Upon full consideration of all that has been alleged, we find, and so rule,
that the applicable rate on bicycles in carloads from Montreal, P.Q., to Winnipeg,
Man., on May 10, 1957, in accordance with the provisions of Item 720, as
amended, of Canada Steamship Lines' Tariff No. 100-P, C.T.C. 270, was $3.51
per 100 pounds.
I concur:
H. B. CHASE.
Ottawa, March 12, 1958.
CLARENCE D. SHEPARD.
47
ORDER No. 93949
In the matter of the application of Northwest Steamships Limited for a licence
under section 10 of the Transport Act:
File No. 42076.2
Monday, the 24th day of March, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submission filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 343 is issued to Northwest Steamships Limited
for the period of one year commencing January 15, 1958, licensing the follow-
ing ships:
Official Gross
Vessel Name Registry No. Tonnage
A. A. Hudson 148089 2,222
Superior 154471 1,801
to transport goods by water between all ports or places in Canada, on Lakes
Ontario, Erie, Huron (including Georgian Bay), and Superior, and their con-
necting waters, including the St. Lawrence River and its tributaries as far
seaward as the west end of the Island of Orleans.
HUGH WARDROPE,
Assistant Chief Commissioner.
ORDER No. 93950
In the matter of the application of Canada Steamship Lines Limited, herein-
after called the "Applicant", for a licence under section 10 of the
Transport Act:
File No. 42076.4.1
Monday, the 24th day of March, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 344 shall be issued to the
Applicant licensing, for the period of one year commencing January 15, 1958,
the following ships to transport passengers between all ports and places in
Canada on the St. Lawrence River between Montreal and the west end of
the Island of Orleans:
Official Gross
Vessel Name Registry No. Tonnage
Richelieu 150828 5528
St. Lawrence : 153438 6328
Tadoussac 153447 7013
HUGH WARDROPE,
Assistant Chief Commissioner.
48
ORDER No. 93952
In the matter of the application of Canada Steamship Lines Limited (including
its wholly owned subsidiary Northern Navigation Company Limited
operated by the Licensee as its Northern Navigation Division) herein-
after called the <( Applicant", for a licence under section 10 of the
Transport Act:
File No. 42076.4.2
Monday, the 24th day of March, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 345 is issued to the Applicant
licensing, for the period of one year commencing January 15, 1958, the follow-
ing ships to transport goods by water between all ports and places in Canada
in the areas designated herein with respect to each ship:
1. On Lakes Ontario, Erie, Huron (including Georgian Bay), and Lake
Superior, and their connecting waters, including the St. Lawrence River and
its tributaries as far seaward as the west end of the Island of Orleans.
Official
Gross
Vessel Name
Registry No.
Tonnage
133533
1686
Barrie
151045
1824
Battleford
148134
2357
Beaverton
125440
2012
Calgarian
112205
2272
Canadian
125427
2214
City of Hamilton
153423
1665
City of Kingston
152837
1690
City of Montreal
153422
1665
City of Toronto
152838
1688
City of Windsor
154463
1905
Edmonton
122856
1983
Elgin
145518
1906
Fairmount
68808
1851
Fernie
154461
2419
Grainmotor
154473
1829
Hastings
145533
1906
Kenora
124235
1979
Kinmount
138187
1711
Lethbridge
147702
2407
Mapleheath
129767
1692
Meaford
151043
1824
Penetang
151046
1824
Saskatoon
153436
2412
Selkirk
152859
2384
Simcoe
145511
1783
Starmount
145609
1859
Teakbay
154462
1895
Weyburn
153437
2408
Winnipeg
152854
2383
49
2. On Lakes Ontario, Erie, Huron (including Georgian Bay), and Lake
Superior, and their connecting waters, including the St. Lawrence River and
its tributaries as far seaward as Prescott, Ontario.
Official Gross
Vessel Name Registry No. Tonnage
Collingwood 117089 4529
Renvoyle 148133 3571
Westmount 138232 7392
Glenelg 150237 2099
Fort Henry 176118 5729
Iroquois 176119 2300
HUGH WARDROPE,
Assistant Chief Commissioner,
ORDER No. 93953
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076.4.5
Monday, the 24th day of March, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence Number C.T.C. (W.T.) 346 is issued to Canada Steamship Lines
Limited, for the period of one year commencing January 15, 1958, licensing
the following ships:
Official Gross
Vessel Name Registry No. Tonnage
Ashcroft 152641 7726
Donnacona 134015 8611
Georgian Bay 176116 11392
Hagarty 134250 7462
Lemoyne 152647 10480
Coverdale 190493 11996
Hochelaga 190470 11997
to transport motor vehicles, including passenger cars, trucks and other self-
propelled vehicles, in deck loads, on Lakes Ontario, Erie, Huron (including
Georgian Bay), and Lake Superior, and their connecting waters, including the
St. Lawrence River and its tributaries as far seaward as Prescott, Ontario.
HUGH WARDROPE,
Assistant Chief Commissioner.
50
ORDER No. 94025
In the matter of the general freight rates investigation directed by Order in
Council P.C. 1487, dated April 7, 1948, (equalization case) re commodity
freight rates and of section 336 of the Railway Act:
And in the matter of the Judgment and Order No. 92504 therein, dated Septem-
ber 18, 1957:
File No. 47828
Monday, the 31st day of March, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
L. J. Knowles, Commissioner.
Upon application of Canadian Pacific Railway Company and Canadian
National Railways —
It is hereby ordered as follows:
The period within which the railway companies were required by the
said Judgment and Order to submit a proposal of equalization rates on cement,
paper articles and woodpulp, and pulpwood, or in lieu thereof show cause why
it is not reasonably possible to create equalized scales of rates on such com-
modities, is extended to May 31, 1958.
HUGH WARDROPE,
Assistant Chief Commissioner,
ORDER No. 94039
In the matter of the application dated March 18, 1958, of Ogdensburg Bridge
Authority, a corporation incorporated by chapter 57 of the Statutes of
Canada, 1952, hereinafter called the " Applicant Company", under
section 203 and other relevant sections of the Railway Act for authority
to take without the consent of the owner, the lands and premises
hereinafter described:
File No. 44784
Tuesday, the 8th day of April, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sitting of the Board at Ottawa, Ontario,
on April 8, 1958, in the presence of Counsel for the Applicant Company and for
Dr. P. A. Macintosh, and upon consideration of what has been filed herein —
It is hereby ordered as follows:
The Applicant Company is authorized to take, without the consent of the
owner or owners, the lands and premises hereinafter described, which are
actually required for the construction, maintenance and operation of the bridge
described in the said application across the St. Lawrence River from the
vicinity of Prescott, Ontario, to the vicinity of Ogdensburg, New York:
Firstly
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town Plot of Johnstown and County of
Grenville, being composed of part of the Crown Reserve in front of Lot
Number 8 on the north side of Water Street and in front of Charlotte Street,
more particularly described as follows: —
PREMISING that the bearings herein mentioned are astronomic;
51
COMMENCING at the intersection of the southern limit of King's Highway
No. 2 with an existing fence distant south 39 degrees 27 minutes 30 seconds
west along said limit of Highway Forty-one feet, Eight inches (41'8") from
its intersection with the southerly production of the western limit of said
Lot Number 8 on the north side of Water Street;
THENCE north 39 degrees 27 minutes 30 seconds east along the southern
limit of King's Highway No. 2 a distance of Ninety-nine feet Nine and one-half
inches (99'9£");
THENCE south 51 degrees 40 minutes east Three hundred and thirty feet
(330') more or less to the high- water-mark of the St. Lawrence River;
THENCE westerly following the several windings of the last mentioned
limit One hundred feet (100') more or less to a point in a line drawn on a
course of south 51 degrees 43 minutes east from the point of commencement
of the herein described parcel;
THENCE north 51 degrees 43 minutes west to- and along an existing
fence Three hundred and fifty feet (350') more or less to the point of
commencement ;
CONTAINING by admeasurement 34,000 square feet, more or less;
SAID DESCRIBED PARCEL being shown outlined in red on a plan of
survey made by R. F. Muckelstone, Ontario Land Surveyor, dated November
13th, 1957, attached to the said application and on file with the Board under
file No. 44784.
Secondly
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Town Plot of Johnstown and County of Grenville,
being composed of part of the Crown Reserve in front of Lot Number 8 on
the north side of Water Street, more particularly described as follows: —
PREMISING that the bearings herein mentioned are astronomic;
COMMENCING at a point in the southern limit of King's Highway No. 2
distant north 39 degrees 27 minutes 30 seconds east thereon Fifty-eight feet,
One and one-half inches (58' 1£") from its intersection with the southerly
production of the western limit of said Lot Number 8 on the north side of
Water Street;
THENCE north 39 degrees 27 minutes 30 seconds east along said southern
limit of King's Highway No. 2 a distance of Ninety-nine feet, Nine and one-half
inches (99' 9g") to an iron pin planted;
THENCE south 51 degrees 37 minutes east Three hundred feet (300') more
or less to the high-water-mark of the St. Lawrence River, passing through an
iron pin planted near the said high- water-mark;
THENCE south westerly following the several windings of the last
mentioned limit One hundred and five feet (105') more or less to a point in a
line drawn on a course of south 51 degrees 40 minutes east from the point of
commencement of the herein described parcel;
THENCE north 51 degrees 40 minutes west Three hundred and thirty
feet (330') more or less to the point of commencement;
CONTAINING by admeasurement 32,250 square feet more or less.
SAID DESCRIBED PARCEL being shown outlined in red on a plan of
survey made by R. F. Mucklestone, Ontario Land Surveyor, dated November
13th, 1957, attached to the said application and on file with the Board under
file No. 44784.
CLARENCE D. SHEPARD,
Chief Commissioner.
52
SUMMARY OF ORDERS ISSUED BY THE BOARD
93925 Mar. 21 — Approving C.N.R. plan showing automatic protection at crossing
of Viau Street, Montreal, Quebec.
93926 Mar. 21 — Authorizing C.N.R. to reconstruct the bridge over the North Thomp-
son River, in the Province of British Columbia.
93927 Mar. 21 — In the matter of the application of C.N.R. for an Order rescinding
Order No. 92222, dated August 2, 1957, approving location of addi-
tional facilities for the handling and storage of flammable liquids at
Lucy Lake, Saskatchewan.
93928 Mar. 21— In the matter of the application of C.N.R. on behalf of Imperial Oil
Limited, for approval of location of proposed additional facilities
for the handling and storage of flammable liquids at Stephenville
Crossing, Newfoundland, mileage 451.1 Port aux Basques Subdivision.
93929 Mar. 21 — In the matter of the application of C.N.R. on behalf of The British
American Oil Company Limited, for approval of marine terminal
facilities for the handling and storage of flammable liquids at
Sillery, Quebec.
93930 Mar. 21 — In the matter of the application of C.N.R. on behalf of Canadian Oil
Companies Limited for approval of location of revised and additional
facilities for the handling and storage of flammable liquids at
Atikokan, Ontario, mileage 140.5 Kashabowie Subdivision.
-Approving proposed relocation of C.N.R. freight and passenger
shelter at Firdale, Manitoba.
93931
93932
Mar. 21-
Mar. 21-
-In the matter of the application of C.N.R. on behalf of The British
American Oil Company Limited, for approval of location of proposed
additional facilities for the handling and storage of flammable
liquids at The Pas, Manitoba, mileage 87.6, Turnberry Subdivision.
93933 Mar. 21 — Permitting the removal of slow order at C.N.R. crossing of
Lejeunesse Road, west of Deschambault, Quebec.
93934 Mar. 21 — In the matter of the application of The Chesapeake and Ohio Rail-
way Company for approval of plan showing signals installed between
Pelton and Blenheim, Ontario.
93935 Mar. 21 — Authorizing the Quebec Department of Roads to widen the highway
across the C.N.R. tracks at mileage 3.34 Batiscan Subdivision.
93936 Mar. 21— In the matter of filing of tariffs by The Bell Telephone Company of
Canada.
93937 Mar. 21 — In the matter of the Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express
Service.
93938 Mar. 24 — In the matter of the application of the C.N.R. for approval of
revised plan showing the signalling proposed to be installed between
mileage 17 and mileage 22 Oakville Subdivision, Ontario.
93939 Mar. 24 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Broadview Subdivision, Saskatchewan.
93940 Mar. 24 — Authorizing Corbett Lumber Company to construct a private logging
road to cross over the company pipe line of the Westcoast Trans-
mission Company Limited in the Province of British Columbia.
93941 Mar. 24 — Authorizing Corbett Lumber Company to construct a private logging
road across and over the company pipe line of the Westcoast Trans-
mission Company Limited in the Province of British Columbia.
93942 Mar. 24 — Authorizing Northern Alberta Railways Company, to use the bridge
at mileage 11.2 Edmonton Subdivision, Alberta.
93943 Mar. 24— In the matter of the application of the C.N.R. on behalf of the
British Columbia Power Commission for approval of the proposed
location of facilities for the handling and storage of Class II
flammable liquids at Terrace, British Columbia, mileage 24.7 Skeena
Subdivision.
53
93944 Mar. 24 — Authorizing the C.P.R. to operate under the overhead bridge at
mileage 22.57 Carleton Place Subdivision, Ontario.
93945 Mar. 24 — Dismissing the application of the Canadian Trucking Association for
disallowance of certain competitive rates published by the C.N.R.
and C.P.R. on commodities moving between points in Manitoba,
Saskatchewan, Alberta and British Columbia.
93946 Mar. 24 — Authorizing the C.P.R. to replace the existing protection at the
crossing of its railway and the highway at Deroche, British Columbia.
93947 Mar. 24 — In the matter of the application of C.N.R. for approval of certain
revised drawings showing details of subway at mileage 4.89 Oakville
Subdivision, Ontario.
93948 Mar. 24 — Permitting the removal of slow order at C.N.R. crossing east of the
City of Drummondville, Quebec.
93949 Mar. 24 — In the matter of the applictaion of Northwest Steamships Limited
for a licence under section 10 of the Transport Act.
93950 Mar. 24 — In the matter of the application of Canada Steamship Lines
Limited, for a licence under section 10 of the Transport Act.
93951 Mar. 24 — In the matter of the application of Trans-Canada Pipe Lines
Limited for approval of plan, profile and book of reference, and
granting leave to the applicant to carry its company pipe line
across all highways as shown on the said plan.
93952 Mar. 24 — In the matter of the application of Canada Steamship Lines Limited
(including its wholly owned subsidiary Northern Navigation Com-
pany Limited operated by the licensee as its Northern Navigation
Division) for a licence under section 10 of the Transport Act.
93953 Mar. 24 — In the matter of the application of Canada Steamship Lines Limited
for a licence under section 10 of the Transport Act.
93954 Mar. 24 — In the matter of the application of Trans-Canada Pipe Lines Limited
for an Order approving plan, profile and book of reference, and
granting leave to the Applicant to carry its company pipe line
across all highways and railways as shown on the said plan.
93955 Mar. 24 — Requiring the C.N.R. to install certain protection at the crossing of
their railway and Highway No. 60 at Val d'Or, Quebec.
93956 Mar. 25 — Authorizing the Town of Leamington, Ontario, to construct Sherk
Street across the tracks of the New York Central Railroad Company.
93957 Mar. 25 — In the matter of the application of Northern Alberta Railways
Company for approval of location of proposed facilities for the
handling and storage of flammable liquids at Rycroft, Alberta, mile-
age 352.1 Smoky Subdivision.
93958 Mar. 25 — Authorizing the C.N.R. to reconstruct the bridge over the Cowichan
River, British Columbia, at mileage 66.2 Cowichan Subdivision.
93959 Mar. 26 — Authorizing the British Columbia Department of Highways to con-
struct a highway across the C.P.R. by means of an overhead bridge
at mileage 24.7 Shuswap Subdivision, British Columbia.
93960 Mar. 26 — Authorizing the City of Windsor, Ontario, to relocate Walker Road
where it crosses the Chesapeake and Ohio Railway Company and the
C.N.R. in the City of Windsor.
93961 Mar. 26 — Permitting the removal of slow order at C.N.R. crossing of County
Road No. 16 at Reaboro, Ontario.
93962 Mar. 26— In the matter of the application of the C.P.R. on behalf of Rockgas
Propane Limited, for approval of location of proposed facilities for
the handling and storage of liquefied petroleum gas at Courtenay,
British Columbia', mileage 139.31 Victoria Subdivision.
93963 Mar. 26— In the matter of the application of the C.N.R. on behalf of The
British American Oil Company Limited, for approval of location of
proposed facilities for the handling and storage of flammable
liquids at Rossburn, Manitoba, mileage 78.83 Rossburn Subdivision.
54
93964 Mar. 26— In the matter of the application of C.N.R. on behalf of North Star
Oil Limited, for approval of location of revised and additional
facilities for the handling and storage of flammable liquids at Smoky
Lake, Alberta, mileage 64.6 Coronado Subdivision.
93965 Mar. 26 — Authorizing the Ontario Department of Highways to construct
Highway No. 11 across the C.N.R. by means of an overhead bridge
in the Township of West Ferris, Ontario.
93966 Mar. 26 — Relieving C.P.R. from erecting cattle guards at certain crossings on
its Shamrock Subdivision, Saskatchewan.
93967 Mar. 26 — In the matter of the application of Trans Mountain Oil Pipe Line
Company for an Order approving plan, profile and book of reference.
93968 Mar. 26 — Authorizing Northwestern Utilities Limited to construct a gas pipe
line across the oil pipe line of Trans Mountain Oil Pipe Line Com-
pany in the Province of Alberta.
93969 Mar. 27 — Permitting the removal of slow order at C.P.R. crossing at Abercorn,
Quebec.
93970 Mar. 27— In the matter of Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation issued on
February 15, 1958, to be effective on March 16, 1958, in respect of
the tunnel between the City of Windsor, Ontario, and City of Detroit,
Michigan and Order No. 93843, dated March 11, 1958.
93971 Mar. 27 — Authorizing the Saskatchewan Department of Highways and Trans-
portation to widen Highway No. 8 where it crosses the C.N.R. at
mileage 45.71 Preeceville Subdivision, Saskatchewan.
93972 Mar. 27 — Authorizing Cattermole Timber Limited to construct a private
logging road across pipe line of Trans Mountain Oil Pipe Line Com-
pany, in the Province of British Columbia.
93973 Mar. 27 — Authorizing the Rural Municipality of Mankota, Saskatchewan, to
relocate Grid Road where it crosses C.P.R. in the Province of
Saskatchewan.
93974 Mar. 27 — Authorizing the Ontario Department of Highways to relocate High-
way No. 43 at grade across the tracks of the C.P.R. in the Township
of Roxborough, Ontario.
93975 Mar. 27 — Dismissing the application of Industrial Traffic Bureau Limited re
Transit Arrangements on Rough Lumber.
93976 Mar. 27 — In the matter of consideration of improved protection at the crossing
of the railway of Canadian Pacific Railway Co. and Dorchester St.,
in the City of Quebec, P.Q.
93977 Mar. 27 — Requiring the C.N.R. to install certain protection at the crossing of
Metabetchouan Rd., south of Blackburn, Que.
93978 Mar. 27— In the matter of the application of C.P.R. on behalf of The British
American Oil Co. Ltd., for approval of location of revised and
additional facilities for the handling and storage of flammable
liquids at Altona, Man. mileage 6.8 Gretna Subd.
93979 Mar. 28 — In the matter of the accident on March 15, 1958, at the crossing
of the highway and Quebec Central Railway, being just south of the
station at Bishopton, Que. mileage 26.24 Quebec Subd.
93980 Mar. 28 — Permitting the removal of slow order at C.N.R. crossing at mileage
11.27, Togo Subd. Man.
93981 Mar. 28 — Authorizing the C.N.R. to extend its siding at Caye, Man.
93982 Mar. 28— Authorizing the C.N.R. to extend its siding at Scott, Sask.
93983 Mar. 28 — Authorizing the Munic. of Metropolitan Toronto to relocate Pottery
Road across the C.N.R. in the Munic. of Metropolitan Toronto, Ont.
93984 Mar. 28 — Authorizing the C.N.R. to construct a siding across Russell Road,
Ottawa, Ont.
93985 Mar. 31 — Permitting the removal of slow order at C.N.R. crossing of Governors
Rd., mileage 42.7, Dundas Subd., Ont.
55
93986 Mar. 31 — In the matter of application of C.N.R. for an Order amending
Order No. 91752, dated June 7, 1957, authorizing the installation of
automatic protection at the crossing of its railway and Clarke Side-
road, east of Oxford St. between lots 4 and 5, Concession 2, Twp. of
London, Ont. mileage 28.3 Thorndale Subd.
93987 Mar. 31 — Authorizing the C.N.R. to operate over the bridge over Knee Hills
Creek, Alta. mileage 78.8 Three Hills Subd.
93988 Mar. 31 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by C.N.R. under Section 3.
93989 Mar. 31 — Authorizing the C.N.R. to operate over the bridge over Rosebud
River, Alta. at mileage 74.6, Drumheller Subd.
93990 Mar. 31 — In the matter of application of C.N.R. for approval of plan showing
signals installed between Union Station, Winnipeg and Paddington,
Man.
93991 Mar. 31 — Authorizing the C.P.R. to operate under the overhead bridge at
mileage 1.64, Mountain Subd., B.C.
93992 Mar. 31 — Permitting the removal of slow order at C.P.R. crossing of St.
Louis St., Farnham, Que.
93993 Mar. 31 — Authorizing the C.P.R. to operate its trains under the overhead
bridge at mileage 43.78 Nelson, B.C.
93994 Mar. 31 — Authorizing the Quebec Dept. of Roards to construct its connecting
road across the C.N.R. in the County of Jacques Cartier, mileage
2.65, Montfort Subd., Que.
93995 Mar. 31 — Authorizing the C.P.R. to discontinue operation of its St. Gabriel
Subd. passenger train service, Que.
93996 Mar. 31 — Authorizing the C.N.R. to extend its siding at Exira, Man.
93997 Mar. 31 — In the matter of application of C.N.R. for an order amending Order
No. 93698 dated Feb. 19, 1958, authorizing the installation of auto-
matic protection at the crossing of their railway and the railway
of C.P.R. and Highways Nos. 3 and 6 east of Melfort, Sask. mileage
97.8 Tisdale Subd. of C.N.R.
93998 Mar. 31 — Authorizing the Dist. of Burnaby, B.C. to construct certain water
mains on Willoughby St. and Noel Drive.
93999 Mar. 31 — Authorizing the C.P.R. to operate under the overhead bridge at
mileage 65.88, Laggan Subd., Alta.
94000 Mar. 31 — Authorizing the C.P.R. to operate under the overhead bridge at
mileage 85.71, Laggan Subd., Alta.
94001 Apr. 1 — Permitting the removal of slow order at C.P.R. crossing at Bucking-
ham Junction, Que.
94002 Apr. 1— In the matter of Order No. 69687, dated October 30, 1947.
94003 Apr. 1 — In the matter of protection at the crossing of Norfolk St. (Highway
No. 24), and the C.N.R. in the Town of Simcoe, Ont. mileage 73.18,
Cayuga Subd. directed by Order No. 71365, dated October 21, 1948,
and Order No. 86634, dated July 22, 1955.
94004 Apr. 1 — Permitting the removal of slow order at Dominion Atlantic Railway
crossing west of the station at Lawrencetown, N.S.
94005 Apr. 1 — In the matter of The Bell Telephone of Canada for approval of
revised Appendix to Traffic Agreement between it and the Rural
Telephone Co. of Kitley Ltd.
94006 Apr. 1 — In the matter of application of The Bell Telephone Co. of Canada,
for approval of revised appendix to Traffic Agreement between it
and the Lyndhurst Telephone Co. Ltd.
94007 Apr. 1 — In the matter of application of the Bell Telephone Co. of Canada
for approval of appendix to Traffic Agreement between it and the
Addison Rural Independent Telephone Co. Ltd.
94008 Apr. 1 — Directing the Canadian National Railways to place an all-time
watchman at the crossing of Russell Road, Ottawa.
56
94009 Apr. 1 — Permitting the removal of slow order at C.P.R. crossing west of
Pendleton, Ont.
94010 Apr. 1 — Authorizing the Village of Golden, B.C. to maintain the street
crossing at Bonanza St. and the C.P.R.
94011 Apr. 1 — In the matter of application of C.P.R. for an extension of time for
construction of a branch line of railway in the Twp. of Whitby,
Ont., and for installation of protection thereon, authorized by Order
No. 89862 dated Oct. 2, 1956, as amended.
94012 Apr. 2 — In the matter of application of Trans-Northern Pipe Line Co. for
authority to construct a 10-inch diameter loop of its company pipe
line across certain streets and a railway in the Twp. of North York,
County of York, Ont.
94013 Apr. 2 — Authorizing the C.N.R. to construct a siding at Tako, Sask.
94014 Apr. 2 — Authorizing the C.P.R. to remove the caretaker at Kedleston, Sask.
94015 Apr. 2 — Authorizing the C.N.R. to relocate its tracks across Sullivan St.,
Port Mann, B.C.
94016 Apr. 2 — Authorizing the C.N.R. to open for freight traffic a portion of its
reconstructed line serving its freight sheds adjoining the City of
Ottawa, Ont.
94017 Apr. 2 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 42 where it crosses the C.P.R. at Eyebrow,
Sask.
94018 Apr. 2 — Authorizing the C.P.R. to operate over the concrete bridge over the
siphon of the Alta. Dept. of Water Resources at mileage 79.57, Suffield
Subd.
94019 Apr. 2 — Approving operation of C.N.R. trains over private siding serving
James and Reimer Ltd., Edmonton, Alta.
94020 Apr. 2 — Authorizing the C.P.R. to construct a siding to serve Western
Canadian Seed Processors Ltd. in the City of Lethbridge, Alta.
94021 Apr. 2 — In the matter of application of Dept. of Highways and Transporta-
tion of the Province of Sask. for an Order authorizing the construc-
tion of an overhead bridge across the right of way of the C.P.R.
in the Northwest quarter of Sec. 27, Twp. 16, Rge. 5, West 2nd
Meridian, Sask. mileage 1.6 Indian Head Subd.
94022 Apr. 2 — In the matter of application of Dept. of Highways and Transportation
of the Province of Sask. for an Order authorizing the construction
of the Trans-Canada Highway across the right of way of C.P.R. by
means of an overhead bridge at mileage 94.64 Maple Creek Subd.
in the Northwest quarter of Sec. 6, Twp. 12, Rge. 27, West 3rd
Meridian, Sask.
94023 Apr. 2 — Authorizing the C.P.R. to dispense with the caretaker at Shuswap,
B.C.
94024 Apr. 2 — Permitting the removal of slow order at C.N.R. crossing west of
switch at Grahamvale, Ont.
94025 Mar. 31 — In the matter of the general freight rates investigation directed by
Order in Council P.C. 1487, dated April 7, 1948, (Equalization case)
re commodity freight rates and of section 336 of the Railway Act:
AND in the matter of the Judgment and Order No. 92504 therein,
dated Sept. 18, 1957.
94026 Apr. 2 — Authorizing The Lake Erie & Northern Railway Co. to remove the
station building at Glen Morris, Ont.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
QTfje poarb of
transport Commts&toner£ for Canaba
Judgments, Orders, Regulatio^s*iand Rulings
— X U/y ■ ^
Vol. XLVIII OTTAWA, MAY 15, 1958 X^Vfo, , \&JXo. 4
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Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of re- examination by the Board of Transport Commissioners for
Canada of the rule governing the position of utility companies in relation
to the apportionment of cost of railway -highway grade separations.
File No. 38329.
Heard in Ottawa October 22 and 23, 1957, and February 11 and 12, 1958
Before:
C. D. Shepard, Q.C., Chief Commissioner.
Armand Sylvestre, Q.C., Deputy Chief Commissioner.
Howard B. Chase, C.B.E., Commissioner.
Appearances:
J. L. O'Brien, Q.C., John A. Nolan, Q.C., N. A. Munnoch, Q.C.,
F. A. Burgess, G. F. Bonnycastle, and Ernest E. Saunders'
for The Bell Telephone Company of Canada.
K. D. M. Spence, Q.C., and A. J. Alliston, for the Canadian Pacific
Railway Company.
J; W. G. Macdougall, for the Canadian National Railways.
L. R. McDonald, Q.C., for The Hydro-Electric Power Commission
of Ontario.
F. A. Cawthorne, Q.C., for Toronto Electric Commissioners.
J. J. Frawley, Q.C., for Alberta Government Telephones.
S. L. Davies, for Manitoba Telephone System.
Hon. J. W. deB. Farris, Q.C., for the British Columbia Telephone
Company.
B. S. Lowe, for the British Columbia Electric Company Limited
and British Columbia Electric Railway Company Limited.
R. J. Zimmerman and W. Baker, for Consumers' Gas Company
of Toronto and Provincial Gas Company Limited.
L. G. Ganne, for the Saskatchewan Power Corporation.
B. C. Fairchild, for the Canadian Electrical Association.
Leo Roy and A. M. Dufresne, for the Quebec Hydro-Electric
Power Commission.
57
53758-9—1
58
J. D. Arnup, Q.C., and A. R. Dick, for the Minister of Highways
of Ontario.
F. Palin, for the Canadian Gas Association.
F. A. A. Campbell, Q.C., and W. L. Callow, for the Corporation
of the City of Toronto.
A. P. G. Joy, for the Municipality of Metropolitan Toronto and
Township of North York.
J. McCubbin, for the Municipality of Metropolitan Toronto.
T. E. Cross, for the Quebec Natural Gas Corporation.
H. R. Davidson, Q.C., for the Corporation of the City of London.
Dawson A. McDonald, Q.C., and George Gould, for the City of
Montreal.
Gordon C. Medcalf, Q.C., for the City of Ottawa.
Hollis E. Beckett, Q.C., for the Township of Scarborough.
James E. Watson, Q.C., and R. J. Desmarais, for the City of
Windsor.
W. S. Rogers, for the Township of North York.
E. M. Bredin, for the City of Calgary.
Benoit Pelletier, Q.C., for the City of Quebec.
Leopold Pinsonnault, Q.C., for the City of Trois-Rivieres.
J. D. Lucas, Q.C., for the County of York and the Toronto and
York Roads Commission.
K. E. Harp, representing the Gatineau Power Company.
T. Kaliski, representing Southern Canada Power Company.
JUDGMENT
Shepard, Chief Commissioner:
1. Origin of Case:
The Board, by Section 265 of the Railway Act, is required to administer
the Railway Grade Crossing Fund in the manner therein stipulated. Under
the discretion granted to it by this section, and by sections 39 and 262, the
Board developed a rule of practice which, together with the Board's attitude
towards such rule, is stated as follows at pp. 65-66 of the Board's Report on
the Railway-Highway Crossing Problem in Canada, dated May 10, 1954:
"Removal of Facilities of Public Utilities.
The principle which the Board follows in respect of apportionment
of costs incurred by the Bell Telephone Company of Canada and other
public utilities in moving their wires and facilities to permit grade
separation or other protection at level crossings was stated by Guthrie,
Chief Commissioner, in 1937 in the case of Bell Telephone Company v.
C.N.R., 46 C.R.C. 329 at 336-40 in the following words:
The general principle upon which the Board has acted fo
many years may be briefly stated as follows: When an application
is made for grade separation by a railway company, or by
municipality, either for the greater convenience or facility of th
applicant in the movement of traffic or for the re-arrangement o
streets and which may ultimately result in affording greater protec
tion and safety to the public who use the crossing, the Board deem
that the matter of greater convenience or improved facility to th
applicant constitutes the main purpose of the application, and tha
improved crossing protection is merely incidental to the mai
purpose. In such cases where the removal of the plant and equip
ment of utility companies is ordered, the cost of such removal i
59
placed upon the applicant. Upon the other hand, where the
paramount reason for grade separation appears to be the protection,
safety and convenience of the public in the use of the crossing, and
where the removal of the plant and equipment of utility companies
becomes necessary, the Board has decided in many cases that under
such circumstances the cost of removal and erection of equipment
should be borne by the utility companies. While it is true that
utility companies neither create nor aggravate the danger at grade
crossings, nor do they benefit from grade separation, the Board has
always considered that where the project is in reality pro bono
publico, utility companies should bear the expense of moving their
plant and equipment for the free use of streets enjoyed by them.'
The Bell Telephone Company of Canada has objected in a number
of cases to this principle and presented a seventy-eight page brief during
the present investigation in which it submitted that the Board should
ensure that when private property of utility companies is injuriously
affected by an alteration in the grade of the street, even if the alteration
is made in the public interest, the utility companies are compensated
for this injurious affection by being reimbursed the full amount of their
costs in relocating their facilities to accommodate them to the new street
condition or grade; furthermore that it is unjust and inequitable to dis-
criminate against such utility companies, which neither cause nor
contribute to the danger, by compelling them to bear the whole cost of
altering their facilities.
The principle above mentioned was considered by the Supreme
Court of Canada in 1939 in C.N.R. v. Bell Telephone Company, 50
C.R.T.C. 10, and Bell Telephone Company v. C.N.R. 50 C.R.T.C. 22. The
Supreme Court stated, inter alia,
"It has already been observed that, while it is, no doubt, the
duty of the Board of Railway Commissioners to act reasonably in
discharging the responsibility involved in the exercise of its powers
and not arbitrarily and capriciously, the Railway Act does not afford
any rule or guide, nor does the law afford any rule or guide, by
which the Board is or can be governed in determining what, in the
circumstances of any particular case, is the reasonable order to make
under ss. (2) of s. 39 in respect of the allocation of costs. The Board
itself has adopted a principle fuily explained in the passages quoted
from the Judgment of the Chief Commissioner which it has followed
in making orders as to costs where works ordered by the Board
in connection with highway crossings have involved in their execu-
tion the removal of the plants of what are commonly known as
public utility companies. It is entirely within the competence of the
Board to lay down and follow such a rule of practice which, no
doubt, it has found to be a just and reasonable rule.'
and the Supreme Court dismissed the appeal by the Bell Telephone
Company on certain questions including the following question: 'Had the
Board jurisdiction to order the utility companies affected to move their
facilities at their own expense and without compensation in the circum-
stances in this case?'
As the objection is not to the legislation under which the Board acts,
but to the principle which the Board follows, which it may change if
it sees fit, the Board does not recommend any change in the Railway
Act in this connection."
Section 36 of the Railway Act reads:
"The Board may, of its own motion, or shall, upon the request of
the Minister, inquire into, hear and determine any matter or thing that,
53758-9—2
60
under this Act, it may inquire into, hear and determine upon application
or complaint, and with respect thereto has the same powers as, upon
any application or complaint, are vested in it by this Act."
Pursuant to this Section, the Minister of Transport wrote to the then Chief
Commissioner of the Board on September 14, 1955, formally requesting the
Board to re-examine the position of utility companies in relation to the appor-
tionment of cost of grade separations and the principles applied thereto in the
light of present day conditions.
This Judgment follows hearings which took place in compliance with this
formal request by the Minister of Transport.
As the appearances at the hearings indicate, the Board has had the benefit
of a broad cross section of views from all types of utilities, municipalities and
highway authorities located in many different parts of Canada and subject to
various different provincial statutes, as well as from the railways. Rather than
deal with these views as put forward by each party represented, the principal
points made are set out under the following headings as a background against
which to assess the merits of the various submissions:
Summary of Utilities' Position.
Summary of Position of Municipalities and Highway Authorities.
Summary of Railways' Position.
2. Summary of Utilities' Position:
The utilities do not benefit from grade separations; neither their service
nor their revenues are improved thereby.
The utilities do not contribute to the hazards which are eliminated by
the construction or improvement of grade separations.
The utilities are innocent bystanders; they are not consulted and have
no means of avoiding relocation costs related to grade separations
since they do not and cannot control whether these projects should be
undertaken.
Even during periods when their revenues are down, utilities are
powerless to avoid relocation costs: this is particularly unfair to the
utilities, since the construction or improvement of grade separations
is apt to be among public works projects which are stepped up in
times of recession or depression.
The so-called "free use" of streets by utilities is, by and large, in
consideration of the utilities supplying their respective services and
must be deemed to be in the public interest in keeping the rates
charged to utilities' users at a reasonably low level.
The history of the Railway Grade Crossing Fund as outlined at p. 19
of the Board's 1954 Report and subsequent legislation in 1955 increas-
ing the Fund to $5,000,000 per year, coupled with highway and vehicle
growth statistics, show changed conditions to the extent that grade
separations are today invariably required for improvement of traffic
flow to a greater extent than for safety and protection, since safety
and protection can usually be achieved by crossing protection only.
Many utilities are taxpayers to all levels of government and feel that
they contribute sufficiently in that capacity to grade separation costs
without being required to assume the added burden of their own
relocation costs.
Utilities operate as much in the public interest as do municipalities or
railways.
The extent to which railway, municipal and utility rights on highways
or across highways are granted by federal or provincial legislation
must in each case be deemed to be in the public interest. Since this
is so, utilities should not be singled out to pay their own relocation
costs.
61
As a matter of principle, the total cost of each grade separation project
should, in fairness, justness and equity, include the cost of relocation
of any and all utility plants affected.
The manner of computing utility costs should be a matter for deter-
mination by the Board at the time of approval of each individual
project.
The Board should require the App'icant in each case to list in its
application the utilities affected and to serve each of them with a
copy of the application and supporting material.
The Board should not consider itself bound by its previous rulings
where justness and fairness are not today served because of changed
conditions.
Easements, such as those granted to telephone utilities are a benefit
only if they are used by the utility; in this regard, the utilities' position
is not as favourable as that of a railway which owns its right-of-way,
or a municipality or highway authority which owns its highways,
since railway right-of-ways and highways can be sold if not required
or used.
The present rule of the Board under today's conditions makes an
illogical distinction between a grade separation constructed for
improvement of highway traffic flow and one constructed for safety and
protection since in all instances, it is invariably a work for the public
good. The rule is therefore now obsolete and no distinction need be
made on the basis of the primary purpose of each project.
Today's paramount reason for grade separation construction or
improvement is highway convenience.
Provincial legislation is of no relevance to the issue; the Board's rule
must be fairly applicable on a national basis, irrespective of variations
in Provincial legislation which may or may not assist utilities.
The Board's rule should be consistent with the general principle that
property rights cannot be taken away for the benefit of the public
without compensation.
To a small local utility with relatively small earning capacity, the
imposition of its relocation costs could seriously impair its overall
financial position.
3. Summary of Position of Municipalities and Highway Authorities:
The relocation costs of utilities should be borne by those who use
them, not by the general public.
If utility relocation costs are included in the overall costs of grade
separation projects, the end result will be to increase the cost of the
project to the Municipality or highway authority; this would be
particularly serious to smaller municipalities.
Utilities are already receiving some assistance, in varying degree, by
differing provincial legislation: they are entitled to no more except
at the hands of the respective provincial legislatures.
The trend toward publicly owned utilities allows an adjustment, if
deemed equitable by any provincial legislature to be made by pro-
vincial statute in favour of the utilities.
Utilities have failed to make out a case for a change in the Board's
rule.
The Board now has jurisdiction, through its statutory discretion, to
depart from its rule in any case of clear and obvious hardship upon a
utility; the present rule is equitafre and just.
The distinction between the right of use of a highway by a utility and
the ownership of the highway cannot be ignored.
62
The benefit rule is not properly applicable to a utility.
All taxpayers contribute to grade separation costs as do the railways:
utilities should be required to do likewise.
Nothing should be done to increase the financial burden on the
Municipalities.
4. Summary of Railways' Position:
The benefit principle is only a guide, not a precise rule: it was not
and should not be rigidly followed by the Board.
The railways fear that, if the rule is changed, some portion of the
utilities' relocation costs will be payable by them.
Utilities' relocation costs should not form part of the overall grade
separation project costs.
The utilities are a third party not owning their own right-of-way.
The railways would not object to the utilities receiving assistance from
the Railway Grade Crossing Fund providing such assistance was not
at the expense of the railways, the municipalities or the highway
authorities.
In any event, utilities should not receive 100% of their relocation costs
since other parties do not do so.
A special grant for public utilities might be logical, but the railways
do not advocate this. The railways support the municipal and highway
authorities' view that the Board's present rule is adequate.
5. Discussion and Conclusions:
During the hearing, the Board was referred to many decisions, both its
own and others, to United States legislative attitude on the question and to
various passages from the Board's Report on the Railway-Highway Crossing
Problem in Canada, dated May 10, 1954. These references have been carefully
studied by the Board and no useful purpose is served by a detailed review
of them in this Judgment. The Board has also concluded that, for the purpose
of determining the issue, it is unnecessary, and indeed improper, for it to take
cognizance of provincial law as it may exist in varying forms in the different
provinces.
All parties agree that the Board has a discretion in the allocation of costs
of construction or improvement of grade separations. All parties agree that
utilities, except under most unusual circumstances, do not contribute to the
hazards at railway-highway crossings, nor are their respective services to their
customers improved by paying relocation costs made necessary by the con-
struction or improvement of grade separations. These are matters of fact
which the Board finds cannot be controverted. The Board also finds as a fact
that conditions have changed substantially since the present rule of the Board
was last applied and discussed in detail in 1948, now ten years ago, in Toronto
v. C.N.R. and C.P.R., 63 C.R.T.C. 261.
During the past ten years, highway construction and highway use have
increased tremendously. There has been a large increase in the number of
grade separation projects and, without attempting to forecast the future, it
seems safe to assume that this trend will continue. Pursuant to Order in
Council P.C. 1953-52, of January 14, 1953, the Board studied the railway-
highway crossing problem, as directed, and reported to the Governor in Council
on May 10, 1954. The Railway Grade Crossing Fund was increased from
$1,000,000 to $5,000,000 in 1955 and allowable percentage and dollar contribu-
tions from the Fund for individual projects were also substantially increased
(1955 Statutes of Canada, chap. 41). In the Board's opinion, these facts,
viewed together, constitute substantially changed conditions.
63
The evidence and argument placed before the Board in the present pro-
ceedings justify the conclusion that most, if not all, grade separation projects
today are made necessary and desirable by the factor of ensuring the free
flow of highway traffic to a greater extent than by the factors of safety and
protection. The Board therefore finds that the utilities have made out a good
case for relief.
The Board is not, however, prepared to accept the suggestion that the
utilities should be reimbursed for their full relocation costs incurred by the
construction or improvement of grade separations. The Board considers that
the utilities' position would be fairly and adequately dealt with if they should
be permitted to recover from the Railway Grade Crossing Fund the same
percentage on projects involving construction or reconstruction and improve-
ment, as the case may be, as permitted as a contribution from the Fund to
other costs as those percentages are presently fixed and as they may be varied
from time to time in the future, but that the utilities should themselves absorb
the balance of such relocation costs.
The Board is mindful of the fact that if it should exercise its discretion in
favour of the utilities to the extent already indicated, the end result, on all
projects where the dollar rather than the percentage limit would apply to the
contribution from the Railway Grade Crossing Fund, would be that the
municipalities, highway authorities and possibly the railways would be obliged
to pay an additional amount. The Board is not prepared to exercise its
discretion in a manner which would thus impose an added financial burden on
the other parties, particularly the municipalities, since to do so would, in the
Board's view, tend to defeat what the Board conceives to be one of the basic
functions of the Railway Grade Crossing Fund, i.e., to encourage the con-
struction and improvement of grade separations by these other parties.
The Board is therefore prepared to alter its present rule at this time to
the following extent only:
1. In future, any Applicant for a grade separation shall notify the Board
of any utilities affected by the proposed project and shall serve such utilities
with a copy of its application and supporting material.
2. On any project for grade separation construction, reconstruction or
improvement, towards which a grant is made from the Railway Grade Crossing
Fund, where the total costs thereof, including all utility relocation costs, are
such that the percentage rather than the dollar limit provided by Section 265
of the Railway Act would apply to the contribution from the Railway Grade
Crossing Fund, the Board will, in future, grant to the utility or utilities affected
the same percentage of such relocation costs as is granted to the other costs
of the project. This ruling applies to the percentages now authorized by
Section 265 and as they may be varied from time to time in the future. This
finding will be applied by the Board to the following applications on which
this question has been reserved pending the outcome of this hearing:
93518
Jan. 29/58
Order No. Railway
87815 C.N.R
Jan. 16/56
89186 T.H. & B.. . .
July 9/56
90880 C.N.R
Feb. 4/57
91103 C.N.R
Mar. 4/57
92807 C.P.R
Oct. 29/57
Location
C.N.R
Mercier Street in Town of Victoria-
ville, mileage 55.64 Danville Subd.,
P.Q.
Hwy. No. 2, Lot 43, Cone. 4, Twp.
of Brantford, mileage 59.17 Water-
ford Subd., Ont.
St. Jean St., Village of Charny, mil.
103.2, Armagh Subd.. P.Q.
Plank Road & Indian Road, City
of Sarnia, Ont.
Pottery Road, Toronto, Ont
County Road No. 22,
Glandford, Ont.
Twp. of
Utilities Mentioned
Bell Telephone
Bell Telephone
Ont. Hydro
Consumers' Gas
Bell Telephone
Ont. Hydro,
Bell Telephone.
Ont. Hydro,
Bell Telephone,
Consumers' Gas.
Bell Telephone,
Ont. Hydro.
53758-9—3
64
The Board further finds that the manner of computing utility relocation
costs is a matter which should properly be determined by the Board in relation
to the circumstances of each project.
It has already been mentioned that the origin of this matter was a letter
from the Minister of Transport requesting the Board, under Section 36 of the
Railway Act, to re-examine the position of utility companies in relation to
the apportionment of costs of grade separations. Since the Board, as a result
of these hearings, has concluded that conditions have changed sufficiently to
warrant relief to the utilities, but further, since the Board is not prepared to
exercise its discretion to grant such relief to the financial detriment of the other
parties affected, particularly the municipalities, the Board is, concurrently with
the issuance of this Judgment, reporting to the Minister of Transport its
recommendation that the Railway Act be amended in a manner which will
enable the Board, on any project where the dollar rather than the percentage
limit applies, to make a grant to the utilities from the Railway Grade Crossing
Fund in the same manner and to the same extent as grants are authorized by
the Board for the assistance of other parties affected, such grants to the utilities
to be in addition to and separate from grants to other parties. The Board's
recommendation to the Minister will include the following applications on
which the question has been reserved pending the outcome of this hearing:
Order No. Railway
88366 C.P.R
Mar. 13/56
88437 C.N.R
Mar. 23/56
88436 C.P.R
Mar. 23/56
90758 Algoma Central
Jan. 22/57 and Hudson Bay
91476 C.P.R. &
Apr. 30/57 C.N.R. &
Toronto Ter.
91884 C.N.R
June 25/57
92000 C.N.R
July 10/57
92807 C.P.R
Oct. 29/57
Location
Royal York Rd., Dundas St.,
Twp. of Etobicoke, mileages 7.70
and 7.76, Gait Subd., Ont.
Greenwood Ave., City of Toronto,
mileage 330.27, Oshawa Subd.,
Ont.
Bloor St. West, City of Toronto,
mileage 8.9 Gait Subd., Ont.
Wellington Street, City of Sault
Ste. Marie, Ont.
Eastern Avenue, Toronto, Ont.
St. Joseph Blvd., City of Drum-
mondville, mileage 98.5 Drum-
mondville Subd , P.Q.
Fairview, Halifax, N.S
Pottery Road, Toronto, Ont
Utilities Mentioned
Consumers' Gas,
Bell Telephone,
Ont. Hydro,
Toronto Transit.
Toronto Electric Comm.,
Consumers' Gas,
Bell Telephone.
Bell Telephone,
Ont. Hydro,
Consumers' Gas.
Bell Telephone,
Great Lakes Power Comm.,
Public Utilities Comm. of
Sault Ste. Marie,
Gr. Northern Gas Co.
Toronto Electric Comm.,
Consumers' Gas,
Bell Telephone,
Ont. Hydro.
Bell Telephone.
N.S. Light & Power,
Maritime Tel. & Tel.
Ont. Hydro,
Bell Telephone,
Consumers' Gas.
CLARENCE D. SHEPARD.
I concur:
A. SYLVESTRE.
I concur:
H. B. CHASE.
March 19, 1958.
65
In the matter of the application of Canadian Trucking Associations, dated
August 21, 1957, requesting the disallowance of certain competitive rates
published by the Canadian National Railways and the Canadian Pacific
Railway Company on commodities moving between points in Manitoba,
Saskatchewan, Alberta and British Columbia.
File No. 47439.9
Heard in Ottawa, February 18, 1958.
Before:
Clarence D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
H. E. B. Coyne, Q.C., for Canadian Trucking Associations.
K. D. M. Spence, Q.C., for the Canadian Pacific Railway Company.
J. W. G. Macdougall, Q.C., and W. G. Boyd, for the Canadian
National Railways.
H. I. Robinson, representing the Canadian Transport Tariff
Bureau.
JUDGMENT
Shepard, Chief Commissioner:
This is an application by the Canadian Trucking Associations, dated
August 21, 1957, requesting the disallowance, as more specifically stated therein,
of certain competitive rates published by the Canadian National Railways and
the Canadian Pacific Railway Company on certain commodities moving between
certain points in Manitoba, Saskatchewan, Alberta and British Columbia.
At the hearing on February 18, 1958, a motion was made on behalf of the
two railways for dismissal of the application on the ground that the Applicant
has no status to invoke the jurisdiction of this Board. At the conclusion of the
argument, the hearing was adjourned sine die. This Judgment deals only with
the motion and not with the facts alleged by the Applicant in support of its
application.
The application requests ". . . the disallowance of the aforementioned
rates on the grounds that the said rates are not compensatory and are lower
than necessary to meet the competition and, further, fail to meet the require-
ments set out in Section 334 of the Railway Act." It is emphasized at the
outset that the Applicant's complaint is limited to the level of the rates in
question and does not include any allegation of unjust discrimination in railway
facilities, rates or services.
Reference was made during the hearing to certain sections of the Railway
Act, including the following:
"33(1) The Board has full jurisdiction to inquire into, hear and
determine any application by or on behalf of any party interested.
(a) complaining that any company, or person, has failed to do any
act, matter or thing required to be done by this Act, or the
Special Act, or by any regulation, order or direction made there-
under by the Governor in Council, the Minister, the Board, or
any inspecting engineer or other lawful authority, or that any
company or person has done or is doing any act, matter or thing
contrary to or in violation of this Act, or the Special Act, or any
such regulation, order or direction, or
53758-9— 3£
66
(b) requesting the Board to make any order, or give any direction,
leave, sanction or approval, that by law it is authorized to make
or give, or with respect to any matter, act or thing, that by this
Act, or the Special Act, is prohibited, sanctioned or required to
be done.
(5) The decision of the Board as to whether any company, munici-
pality or person is or is not a party interested within the meaning of this
section is binding and conclusive upon all companies, municipalities and
persons."
"319. (3) No company shall
(c) subject any particular person, or company, or any particular
description of traffic, to any undue, or unreasonable prejudice or dis-
advantage, in any respect whatsoever; ..."
"328. (1) The Board may disallow any tariff or any portion thereof
that it considers to be unjust or unreasonable, or contrary to any of the
provisions of this Act, and may require the company, within a prescribed
time, to substitute a tariff satisfactory to the Board in lieu thereof, or may
prescribe other tolls in lieu of the tolls so disallowed."
"334. (1) The Board may provide that any competitive rate may be
acted upon and put into operation immediately upon the issue thereof
before it is filed with the Board, or allow any such rate to go into effect
as the Board shall appoint.
(2) The Board may require a company issuing a competitive rate
tariff to furnish at the time of filing the tariff, or at any time, any informa-
tion required by the Board to establish that
(a) the competition exists;
(b) the rates are compensatory; and
(c) the rates are not lower than necessary to meet the competition;
and such information, if the Board in any case deems it practicable and
desirable, shall include all or any of the following:
(i) the name of the competing carrier or carriers,
(ii) the route over which competing carriers operate,
(iii) the rates charged by the competing carriers, with proof of such
rates as far as ascertainable,
(iv) the tonnage normally carried by the railway between the points
of origin and destination,
(v) the estimated amount of tonnage that is diverted from the railway
or that will be diverted if the rate is not made effective,
(vi) the extent to which the net revenue of the company will be
improved by the proposed changes,
(vii) the revenue per ton-mile and per car-mile at the proposed rate
and the corresponding averages of the company's system or region
in which the traffic is to move, and
(viii) any other information required by the Board regarding the pro-
posed movement."
67
It was contended by the railways that the Applicant is not a "party
interested" within the meaning of Section 33. It was further contended by
the railways that Section 334(2) does not impose a statutory duty for the
benefit of truck operators but that its scope and purpose is limited to the
effect that competitive rates will have on the revenues of the railways.
The Applicant cited Section 319(3) (c) as an example of the language
used in the Railway Act in support of its claim to status to make the application
and be heard as a "party interested" and submitted that that provision has
application in the present case.
Counsel for the Applicant and the railways cited several cases and certain
references on the interpretation of statutes, all of which have been considered
by the Board.
The Board is not prepared to accept the Applicant's contention that it is
a "party interested" under the circumstances and accordingly hereby grants
the motion for dismissal of the application on the ground that the Applicant
has no status to invoke the jurisdiction of the Board in a matter involving the
justness and reasonableness of railway rates. Broadly speaking, the Board
agrees with the view expressed by Mr. Spence, Counsel for the Canadian
Pacific Railway, when he stated at volume 1012, p. 1940 of the Transcript:
"... all of that part of the Railway Act dealing with rates and tolls,
traffic and tariffs, is designed with one aim in mind, to protect the travelling
and shipping public against unfairness by the railways and to protect the
railways against unfairness by the travelling and shipping public."
In the Board's view, what Parliament did in using the expression "party
interested" in Section 33 of the Railway Act was to make a qualification
restricting entitlement to make an application and require the Board to
"inquire into, hear and determine" it, to a party who is "interested"; but such
"interest" that a party needs in order to qualify as a "party interested" in the
circumstances of this application must be a kind of interest that Parliament
had in mind when giving a right to make an application to the Board respecting
railway rates and imposing on the Board a duty to determine it.
While the matter is arguable but need not be decided here, the Board
does not consider that the Applicant or any person or company engaged in
the trucking business is necessarily Outside the Section merely because trucking
is a relatively new business that has come into existence since the expression in
question was first used in the statute.
Having regard to the mischief which Parliament dealt with in the Rail-
way Act and the remedies it provided and the rate control purposes and scope
of that Act, to be entitled to recognition as a "party interested" and therefore
to be entitled to complain under the Railway Act that railway rates are
unjust or unreasonable, non-compensatory or lower than necessary to meet
competition, the Board finds that the party by whom or on whose behalf such
a complaint is made must have a more direct interest than that of a competing
carrier whose interest is to lessen the competition provided by the railway,
notwithstanding the provisions of the Railway Act which expressly permit
the railways to publish competitive rates. This is not to say, however, that a
person or company engaged in the trucking business might not have a status
as a "party interested" in a complaint alleging unjust discrimination in rail-
way facilities, rates or services. This point need not be dealt with herein,
since the Applicant is not alleging unjust discrimination.
63
In any event, as to the Applicant's submission that paragraph (c) of
subsection (3) of Section 319 has application in the present case, the Board
finds that, in making the rates complained of, the railways have not made any
unjust discrimination or given any undue or unreasonable preference or
advantage or subjected the Applicant to any undue or unreasonable prejudice
or disadvantage, within the meaning of the Railway Act.
Having granted, for the reasons already stated, the railways' motion dis-
missing the application on the ground that the Applicant has no status to
invoke the jurisdiction of the Board under circumstances where only the
justness and reasonableness of rates is in issue, the Board proposes to investigate
the rates of its own motion. In reaching this conclusion, the Board is reaffirm-
ing its past practice, as stated by Chief Commissioner Mabee in Purcell v.
Grand Trunk Pacific, 13 C.R.C. 193, at p. 201:
"This Board is bound to see that the provisions of the Railway Act
are observed. It need not wait for a complaint, if it has drawn to its
attention that the Act is being disobeyed, or its provisions ignored. I
conceive it to be the duty of the Board to move upon its own initiative,
and not wait for some injured person, having the rights and status of a
plaintiff in a court of law, to appeal to it. The Act provides that the
Board may, of its own motion, inquire into, hear and determine any
matter or thing which it might inquire into, hear and determine, upon
application or comprint, and the Act in no respect requires some com-
plainant before the Board, with the rights of a "plaintiff" before it can
move."
As an initial procedure in its investigation of this matter, the Board will
require the railways to furnish it with certain relevant information. The Board
will then set the matter down for a hearing, for the purpose of affording the
Applicant an opportunity of appearing as a witness (not as a "party interested")
to furnish such information as would assist the Board in determining the
propriety of the rates in question.
Order accordingly.
CLARENCE D. SHEPARD.
I concur:
F. M. MacPherson.
I concur:
H. B. Chase.
March 24, 1958.
69
ORDER No. 93945
In the matter of the application of Canadian Trucking Associations, hereinafter
called the "Applicant", dated August 21, 1957, requesting the dis-
allowance of certain competitive rates published by the Canadian
National Railways and the Canadian Pacific Railway Company on com-
modities moving between points in Manitoba, Saskatchewan, Alberta
and British Columbia:
File No. 47439.9
Monday, the 24th day of March, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing argument at Ottawa on February 18, 1958, by Counsel for
Canadian National Railways, Canadian Pacific Railway Company and the
Applicant on the question of the status of the Applicant on the said Application,
and a motion that the Application be dismissed on the ground that the Applicant
has no status to invoke the jurisdiction of the Board herein, and pursuant to
the Judgment herein dated March 24, 1958 —
It is ordered that the said Application be, and it is hereby, dismissed.
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
70
Application of Industrial Traffic Bureau Limited re Transit Arrangements on
Rough Lumber, as set out in Item 286 of Canadian National Railways'
Tariff No. W. 20-R, C.T.C. No. W. 2061.
File No. 8641.94
H. Tisdell, for Applicant.
J. W. G. Macdougall, Q.C., for Respondent, Canadian National
Railways.
JUDGMENT
By the Board:
This is an application by the Industrial Traffic Bureau Limited, Calgary,
Alta., on behalf of Nance Lumber Company, Red Deer, Alta., which alleges
unreasonableness and unjust discrimination in the transit arrangements set out
in Item 286 of Canadian National Railways' Tariff No. W. 20-R, C.T.C. No. W.
2061, and also seeks a ruling as to the correct application and interpretation
of the provisions of Item 286. Both the applicant and the respondent railway
company request that the Board decide the matters at issue upon the written
submissions which have been filed and have agreed to be bound thereby.
Before dealing with the allegations of unreasonableness and unjust dis-
crimination, it is considered advisable to dispose of the matter of the correct
application and interpretation of the tariff provisions governing the transit
arrangement and a brief description of the relevant provisions of Item 286
follows.
Description of the Tariff Provisions
The transit arrangements set out in Item 286 provide for a single stop-off
in transit, in a designated area in Western Canada, for carloads of rough lumber
for dressing, kiln-drying, re-sawing, ripping or sorting, and subsequent reship-
ment via Canadian National Railways and connections to points in Canada, or
to points in the United States. Shipments are waybilled to the transit point
at the tariff rate applicable thereto and, upon reshipment to final destination,
the freight charges are computed on the basis of the through lumber rate from
point of origin to final destination, plus the charges for stop-off and any
out-of-line haul, as set out in Item 286, and any other charges for incidental
services, such as switching and demurrage, which may have been incurred.
Reshipment may be made only by the person or firm to whom the inbound
rough lumber was originally consigned at the transit point, and from the same
yard or siding at which the inward car was delivered. Under the transit
privilege afforded by Item 286, traffic must be reshipped within six months from
the first 7 a.m. after the car arrives at the transit point.
The actual inbound weights of rough lumber to the transit point are subject
to deductions for shrinkage, varying from 5% to 15%, according to the kind of
operation carried out on the lumber, in arriving at the maximum outbound
weights on which application of the through lumber rate is permitted. The
minimum weight applying to the outbound shipment is that weight provided in
connection with the through rate from point of origin to final destination,
except where the type of car used for the outbound shipment differs from that
used for the inbound shipment, in which event, the minimum weight provided
in connection with the outbound car will govern, but in no case less than 40,000
pounds.
Paragraph 24 of Item 286 provides: "Original receipted freight bill covering
inward shipment, or shipments, must be presented for cancellation at the time
reshipment is made from the transit point." Such original receipted freight
bill must be accompanied by a shipper's certificate, in the form prescribed in
paragraph 25.
71
Where the actual weight of outbound lumber is greater than the actual
weight of inbound lumber, the difference in weight is dealt with in accordance
with the provisions of paragraph 20 of Item 286, and such difference cannot be
used to make up the carload minimum weight.
Interpretation and Application of the Tariff Provisions
The applicant takes the position that the transit arrangements in Item 286
are based entirely on inward and outward weights and that nowhere is a "car-
for-car" basis either stated or implied. The respondent railway company, on
the other hand, maintains that the transit arrangement is on a "car-for-car"
basis and that one or more inbound bills must be cancelled in their entirety in
respect of each outbound car.
It is argued by the applicant that the actual weight of outbound lumber
should be cancelled from the weight shown on the inbound freight bill, or bills,
less the appropriate deduction for shrinkage, and that any balance of weight
remaining should be credited to the shipper for application against other out-
bound cars. The practice of the railway company in requiring the surrender
of the inward freight bill for cancellation in its entirety is described as
"depriving the applicant of all unused transit on which the inward freight
charges have been paid."
In support of his views, the applicant refers to paragraphs 20 and 21 of
Item 286; to paragraph 9(b) of Item 216; and to the accounting instructions
of the railway company. The accounting instructions of the railway, however,
are not helpful to the interpretation of Item 216 and do not change the clear
and obvious meaning of its provisions.
Paragraph 20 of Item 286 covers a situation where the actual weight of
outbound lumber is greater than the weight of inbound lumber, less authorized
deductions for shrinkage. The applicant points out that the term "surplus
weight" is used in paragraph 20(b), rather than the term "excess weight"
used in paragraph 20(a). He maintains that there cannot be excess weight
unless it is lumber additional to that shipped in to the mill under the transit
arrangement and that the term "excess weight" could refer only to such addi-
tional lumber. It is not stated, however, in what way the use of the terms
"surplus weight" and "excess weight" in paragraph 20 supports the view that
the transit arrangement is on a so-called "weight-for-weight" basis.
It is clear from an examination of the provisions of paragraph 20 that,
when the actual weight of outbound lumber is greater than the weight of
inbound lumber, the shipper has two alternatives: (1) he may pay on such
excess, or surplus, weight the carload rate applicable from transit point to final
destination or, (2) he may surrender for cancellation an additional freight bill
for an inbound carload. Paragraph 20(a) is linked with paragraph 20(b) by
the phrase "except as provided in sub-paragraph (b)" and in our view the
terms ''surplus weight" and "excess weight" are synonymous.
Paragraph 21 describes the weights which govern the applicable charges
on (a) inbound shipments and (b) outbound shipments. In the case of inbound
shipments, actual weight will govern to the transit point, subject to the carload
minimum weight as provided for in the tariff naming the rate to the transit
point. In the case of outbound shipments, the weight is subject to that of the
inbound shipment, as modified by the specified deductions for shrinkage, and
is also subject to the minimum weight provided in connection with the through
rate from the original point of shipment to the final destination. Paragraph 21
merely designates the weights which will govern the charges to apply to the
separate shipments; it does not set out the basis of the transit arrangements.
72
Item 216 of Tariff C.T.C. No. W. 2061 provides for a stop-off at St. Boniface
or Winnipeg, Manitoba, on carloads of beans, peas and lentils for cleaning
and/or splitting and reshipment. The applicant asserts that the term ''unused
cancellations", as used in paragraph 9(b) of Item 216, is evidence that the
railways do not necessarily use the term "cancellation" to imply complete
cancellation of an inward expense bill. Whilst we do not agree that the
terminology of a tariff provision, covering a completely different transit
arrangement, is necessarily relevant to the interpretation of the tariff item in
issue, namely Item 286, it is sufficient to note that paragraph 9 of Item 216
deals with the records a shipper must keep and paragraph 10 of Item 216
provides for the return of cancelled inward expense bills to the shipper for
his records.
The basis of the transit arrangement provided by Item 286 is made abund-
antly clear in paragraph 24 thereof which carries the marginal notation
"Surrender of Freight Bills" and reads as follows:
"Original receipted freight bill covering inward shipment, or shipments,
must be presented for cancellation at the time reshipment is made from the
transit point."
The cancellation of the freight bill, or bills, is unqualified and the addition
or omission of such qualifying words as "in its, or their, entirety" would neither
add to, nor detract from, the meaning, which is: that the inbound freight bill
is to be cancelled at time of reshipment, and not a portion of a particular item,
such as weight, appearing thereon. It follows from this that any unused transit
weight is cancelled with reshipment of the outbound carload.
A careful examination of all of the pertinent provisions of Item 286 does
not disclose any support for the interpretation the applicant has sought to read
into them. There is no provision, express or implied, in Item 286 which would
permit a partial cancellation of the inbound weights, shown on inbound freight
bills, against outbound shipments and a credit of unused weights to be applied
against future outbound shipments.
The Questions of Unreasonableness and Unjust Discrimination
The applicant asserts that he cannot ship carloads of rough lumber into
the transit point to coincide with the quantities of dressed lumber ordered by
each individual customer; that any suggestion that the transit arrangements
are on a "car-for-car" basis is grossly unreasonable and unrealistic; and that
the railway's present practice of assessing freight charges on the same goods
several times over on a "car-for-car" basis is grossly unreasonable.
The railway company states that transit privileges are concessions given to
shippers and receivers of freight by the railways; that these privileges, as well
as the degree or extent of the concessions involved and the restrictions required
thereunder, are matters within the discretion of the railways themselves and
are not rights to be demanded by shippers; and that the lumber transit
privileges applicable in Western Canada under Item 286 of Tariff C.T.C. No. W.
2061, are the same as those granted in Eastern Canada under the provisions of
Item 255 of Canadian National Railways' Tariff No. C.R. 200, C.T.C. No. E. 1694.
The rules and conditions governing a transit arrangement of general appli-
cation, such as Item 286, cannot reasonably be framed to suit all the varying
conditions of particular markets and the inability of the shipper to ship carloads
of rough lumber into the transit point to coincide with the quantities of out-
bound lumber ordered by each individual customer is not a condition for which
the railway company is responsible.
73
The applicant assumes that he has a right to unused transit weight; that
he is deprived of such weight by the practice of the railway company in
requiring the surrender of inward freight bills on a "car-for-car" basis; and
that this results in the assessment of freight charges on the same goods several
times over. With these assumption we do not agree. The tariff conditions
governing the transit privilege clearly require what the railway is in practice
doing; the shipper is not obliged to surrender an additional freight bill for
so-called "excess weight", but has the option of paying the local rate thereon.
The applicant's allegation of unjust discrimination and undue preference is
founded upon a comparison of the provisions of Item 286 with those of Item 320
of Tariff C.T.C. No. W. 2061. The respondent railway company states that
Item 320 was originally published to cover the staining in transit of shingles
and that, while lumber and articles taking lumber rates were subsequently
added thereto, their investigation of the matter indicated that Item 320 is
now used only by shingle manufacturers. Effective April 22, 1957, by appro-
priate tariff amendment, lumber and articles taking lumber rates were deleted
from Item 320, and the applicant's comparison has lost any validity it may
have had.
The matter of unjust discrimination, however, cannot be determined by a
mere comparison of tariff items, and the following citations from previous
judgments of the Board are particularly germane to the present application:
"The ultimate test of discrimination is to be found not in a difference
of rates, but in the question whether as a result of this difference an
injury is worked to an individual or loca^ty. One test of this is whether
the locality alleged to be favoured actually gets into a common market
on a lower rate." In Re Telegraph Tolls (1916), 20 C.R.C. 1 at page 23.
"One criterion of unjust discrimination is whether the district or
individual alleged to be discriminated in favour of has profited at the
expense of the locality against which it is alleged the discrimination has
taken place. Where no evidence was submitted that any rate advantage
possessed by a competitor had rendered it more difficult for the applicant
company to do business, the allegation of unjust discrimination was held
to be unfounded." Ontario Paper Co. v. G. T. R. Co., 24 C.R.C. 177.
"Where fabrication of steel in transit was concerned, it was held that
similarity of articles did not warrant similarity of treatment where it
appeared that the similar articles were in no wise competitive. Middleton
Car Co. v. Penn. Rd. Co., 32 I.C.C., 143." 7 J.O.R. & R. 290 at page 294;
22 C.R.C. 125 at page 132.
"The creosoting of telephone poles in transit is not a customary or
usual service in connection with the business of a railway company, but
what is involved is that the Section, as amended, be invoked to give the
Board a jurisdiction it has uniformly held that it does not possess, namely,
to order the carrier to give to the shipper the right to stop-off in transit,
telephone poles for creosote treatment and, continue transit in the improved
condition on the one through rate.
"During the hearing of the case, the Chief Commissioner remarked
that if the Board exercised jurisdiction under the sub-section mentioned
and granted an application of this kind it would mean that the Board
would have a tremendous number of the like applications, and, as Mr.
Lanigan pointed out for the railway company, the local freight business
of the railway would be dislocated and demoralized. A number of
instances were cited where similar applications might be made with equal
force. In several cases this Board has held that it has no jurisdiction to
order such a service. That it is wholly a privilege — not a right — accorded
by the railway company to the shipper, and heretofore has been restricted
74
to the milling in transit of grain, and that the jurisdiction of this Board
is restricted solely to questions of discrimination in the granting of such
privilege to one shipper and denying it to another, under conditions that
call for the intervention of the Board to prevent unjust discrimination,
or difference of treatment.
"Sudbury Brewing Co. v. C.P.R., 18 C.R.C. 411; Koch v. Pennsylvania
R.R. Co., 10 I.C.C.R., p. 675; United Grain Growers et al v. Can. Freight
Association, 24 C.R.C, p. 128.
"The same principle was followed and affirmed at the hearing of an
application by the Shingle Agency of British Columbia for an order that
railway companies in that section of the country (British Columbia) allow
the privilege of dressing and sorting in transit rates — 21 C.R.C. 9 — in the
course of which hearing the then Chief Commissioner said (Vol. 251,
p. 4181): 'The Board has no jurisdiction unless there is a question of
discrimination. We cannot interfere except in cases of discrimination.' "
27 C.R.C. 317 at pp. 318-319.
Upon the basis of what has been submitted, and without reciting all the
arguments made by the applicant, we are of the opinion that he has failed to
make out a case of unjust discrimination or undue preference. Order will
issue dismissing the application.
HUGH WARDROPE
F. M. MacPHERSON
L. J. KNOWLES
Ottawa, March 27, 1958.
ORDER No. 93975
In the matter of the application of Industrial Traffic Bureau Limited re Transit
Arrangements on Rough Lumber, as set out in Item 286 of Canadian
National Railways' Tariff No. W. 20-R, C.T.C. No. W. 2061.
File 8641.94
Thursday, the 27th day of March, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed by the applicant, the Industrial Traffic
Bureau Limited, Calgary, Alberta, on behalf of Nance Lumber Company, Red
Deer, Alberta, and by the respondent, Canadian National Railways —
It is ordered that the complaint of unreasonableness and unjust discrimina-
tion made in the said application be, and it is hereby, dismissed.
HUGH WARDROPE,
Asst. Chief Commissioner,
The Board of Transport Commissioners for Canada.
75
ORDER No. 94166
In the matter of Order No. 93952, dated March 24, 1958, granting Licence
No. C.T.C. (W.T.) 345 to Canada Steamship Lines Limited (including
its wholly owned subsidiary Northern Navigation Company Limited
operated by the Licensee as its Northern Navigation Division):
File No. 42076.4.2
Monday, the 21st day of April, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The said Order No. 93952 is amended by including, in paragraph numbered
two, the following:
Official
Vessel Name Registry No. Tonnage
Fort York 188391 6021.44
HUGH WARDROPE,
Assistant Chief Commissioner.
76
ORDER No. 94199
In the matter of the application of Mclnnes Products Corporation Limited,
Edmonton, Alberta, hereinafter called the "Applicant", for a licence
under section 10 of the Transport Act:
File No. 42076.32
Thursday, the 24th day of April, A.D. 1958
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 347 is issued to the Applicant licensing for
the period of one year commencing February 9, 1958, the following ships to
transport goods by water between all ports and places in Canada in the areas
designated herein with respect to each ship:
(a) Between Waterways and ports and places on Great Slave Lake and
all intermediate points.
(b) Between ports and places on Lake Athabaska.
(c) Between ports and places on Lake Athabaska and ports and places
described in (a) hereof.
Official
Gross
Vessel Name
Registry No.
Tonnage
Nor-Alta
158312
101
Nor-Basca
156571
30
Beaver Lake
171632
54
Liard River
150795
36
Dease Lake
156579
95
Official
Gross
Barges
Registry No.
Tonnage
MPC 21
175676
217
MPC 32
172331
195
MPC 33
175136
213
HB 18
173710
53
HB 21
171649
195
HB 23
174968
192
HB 24
174969
64
64
HB 26
175552
149
HB 204
157172
275
HB 205
171648
271
HB 253
171637
190
HBC 208
175553
202
HB Mackenzie River
130279
134.66
HUGH WARDROPE,
Assistant Chief Commissioner.
77
SUMMARY OF ORDERS ISSUED BY THE BOARD
94027 Apr. 2 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.N.R. under Section 3.
94028 Apr. 3 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and the Telephone System of the Munic. of the Township
of Waterloo.
94029 Apr. 3 — Authorizing the B.C. Electric Company Limited to construct a gas
main across the company pipe line of the Trans-Mountain Oil Pipe
Line Company, in the vicinity of Brentwood Drive, Munic. of
Surrey, B.C.
94030 Apr. 3 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Swift Current Subd., Sask.
94031 Apr. 3 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Stewart Valley Subd., Sask.
94032 Apr. 3 — Authorizing the City of Winnipeg to construct Burrows Ave. across
the C.P.R., Winnipeg, Man.
94033 Apr. 3 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Vanguard Subd., Sask.
94034 Apr. 3 — Authorizing the C.N.R. to extend its switching lead across certain
streets in the City of Edmonton, Alta.
94035 Apr. 3 — Permitting the removal of slow order at the C.P.R. crossing at
Pine Beach, Que.
94036 Apr. 3 — Approving plan showing location of a portion of Trans-Mountain
Oil Pipe Line Company's loop in the Kamloops Division of the
Yale District of B.C.
94037 Apr. 3 — In the matter of the application of the Saskatchewan Power
Corporation for authority to construct a 14-inch natural gas pipe
line across the right of way of the Interprovincial Pipe Line
Company in Sec. 2, Twp. 33, Rge. 21, W.3M., Sask.
94038 Apr. 3 — Application of Trans-Mountain Oil Pipe Line Company for approval
of plan, etc. granting leave to carry its company pipe line across all
public highways, railways and utilities as shown on plan.
94039 Apr. 8 — Authorizing the Ogdensburg Bridge Authority to take certain lands
which are required for the construction of a bridge across the St.
Lawrence River from the vicinity of Prescott, Ontario, to the
vicinity of Ogdensburg, N.Y.
94040 Apr. 9 — In the matter of application of the C.N.R. on behalf of the Inland
Cement Company Limited, for approval of the proposed location
of facilities for storage of flammable liquids at Cadomin, Alta.
94041 Apr. 9— In the matter of application of the C.N.R. on behalf of McCoIl-
Frontenac Oil Company Limited, for approval of location of facilities
for storage of flammable liquids at Riviere du Loup, P.Q.
94042 Apr. 9 — Permitting the removal of slow order at C.N.R. crossing of Steeles
Ave., Thornlea, Ontario.
94043 Apr. 9 — In the matter of application of the Quebec North Shore and Labrador
Railway Company for approval of signal profile Mileage 320 to
Mileage 340 Menihek Subd., Nfid.
94044 Apr. 9 — Authorizing the City of Oshawa, Ontario, to construct a public
pedestrian crossing of right of way of the Oshawa Railway (Can.
Northern Ontario Rly.) in the said City.
94045 Apr. 9 — Authorizing the N.S. Dept. of Highways to construct Highway No. 5
across the C.N.R. by means of an overhead bridge at Little Bras
d'Or, N.S.
94046 Apr. 9 — Authorizing the Nfld. Dept. of Highways to improve the sight lines
by removing trees at Mount Pearl Crossing of the C.N.R. near the
City of St. John's, Nfld.
94047 Apr. 9 — Authorizing the C.N.R. to make certain changes to the crossing
protection at St. Albert Trail, City of Edmonton, Alta.
78
94048 Apr. 9 — Authorizing the C.P.R. to operate over the concrete bridge over the
siphon of the Alta. Dept. of Water Resources at Mileage 77.59
Suffleld Subd., Alta.
94049 Apr. 9 — Authorizing the C.P.R. to operate its trains over the culverts at
certain mileages on its Red Deer Subd., Alta.
94050 Apr. 9 — Authorizing the C.N.R. to make certain changes in the protection
at the crossing of 127th Street, Edmonton, Alta.
94051 Apr. 9 — Authorizing the Northern Alberta Railways Company to operate over
the bridge over Burnt River, Alta., Mileage 345.1 Smoky Subd., Alta.
94052 Apr. 9 — Authorizing the Calgary District Planning Commission on behalf |
of the Village of Cochrane, Alta., to construct a highway across the
tracks of the C.P.R. in the said Village.
94053 Apr. 9 — Authorizing the Hallmark Investments Limited to construct a cast
iron water main across the company pipe line of the Trans-Northern
Pipe Line Company in the Twp. of Kingston, Ontario.
94054 Apr. 9 — Authorizing the Twp. of Normanby to construct a road south of and
adjacent to the C.N.R. right of way in the above Township.
94055 Apr. 9 — Authorizing the installation of automatic protection at the crossing
of Highway No. 2 and the C.N.R. at Mileage 281.9 Oshawa Subd., and
the crossing of Highway No. 2 and the C.P.R. at Mileage 30.32
Oshawa Subd., Ontario.
94056 Apr. 9 — Approving under the Maritime Freight Rates Act tolls published
in tariffs published by the Canadian Freight Association under
Sections 3 and 8.
94057 Apr. 9 — Authorizing the C.P.R. to operate its trains under the overhead
bridge near Shannonville, Ontario.
94058 Apr. 9 — Permitting the removal of slow order at C.P.R. crossing 170 miles
south of Ingersoll, Ontario.
94059 Apr. 9 — Authorizing the C.P.R. to remove the station agent at Horizon,
Sask.
94060 Apr. 10 — Authorizing the N.B. Dept of Public Works to construct an overhead j
bridge across the right of way of the C.N.R. at 34th Ave., Edmund-
ston, N.B.
94061 Apr. 10 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.N.R. under Section 3.
94062 Apr. 10 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the Canadian Freight Association under Sections
3 and 8.
94063 Apr. 10 — Authorizing the C.P.R. to operate under the overhead bridge at
Highbury Ave., London, Ontario.
94064 Apr. 10 — Authorizing the C.N.R. to operate over the subway on Highway
No. 2, in the Township of Ekfrid, Ontario.
94065 Apr. 10 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited for approval of location of proposed additional facilities
for the storage of flammable liquids at Sedgewick, Alta.
94066 Apr. 10 — In the matter of application of the C.N.R. on behalf of Imperial !
Oil Limited, for approval of proposed location of facilities for
storage of flammable liquids at Beiseker, Alta.
94067 Apr. 10 — In the matter of application of the C.N.R. on behalf of Imperial
Oil Limited for approval of location of proposed additional facilities
for storage of flammable liquids at Hudson Bay, Sask.
94068 Apr. 10— In the matter of application of the C.N.R. on behalf of The British
American Oil Company Limited, for approval of location of proposed
facilities for storage of flammable liquids at Lynn Lake, Man.
94069 Apr. 10 — Requiring the C.N.R. to install certain protection at the crossing of
the road allowance in the Twp. of Vaughan, Ontario, Mileage 19.6
Newmarket Subd.
94070 Apr. 10 — Requiring the C.P.R. to install certain protection at the crossing of
Highway No. 17 and Dyke Street, Warren, Ont.
79
94071 Apr. 10 — Requiring the C.N.R. to install certain protection at the crossing of
the highway in the Twp. of King, Ontario, at Mileage 24.6 New-
market Subd.
94072 Apr. 11— Relieving the C.P.R. from erecting right of way fencing at certain
mileages on its Lacombe Subd.
94073 Apr. 11— Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 94.67 Gait Subd., Ontario.
94074 Apr. 11— Authorizing the C.P.R. to operate over the underpass between Cone.
6 and 7, in the Twp. of Tecumseh, Ontario, Mileage 38.01 MacTier
Subd.
94075 Apr. 11— Authorizing the C.P.R. to operate over the Bloor Street subway
west of Islington Avenue, in the Twp. of Etobicoke, Ontario, Mileage
8.8 Gait Subd.
94076 Apr. 11— Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.P.R. under Section 8.
94077 Apr. 11— In the matter of filing of tariffs by The Bell Telephone Company
of Canada.
94078 Apr. 11 — Authorizing the C.P.R. to operate over the new substructure and
approach testie for the bridge at Mileage 53.6 Emerson Subd.,
Manitoba.
94079 Apr. 11 — Permitting the removal of slow order at the C.N.R. crossing at
Baker Brook, N.B.
94080 Apr. 11— In the matter of the filing of tariffs by The Bell Telephone Company
of Canada.
94081 Apr. 11 — Permitting the removal of slow order at the C.N.R. crossing west of
the station at Drummondville, Que.
94082 Apr. 11 — Authorizing the C.N.R. to make signal changes to the block signal
system between certain mileages on its Kashabowie Subd., and
Fort Frances Subd., Ontario.
94083 Apr. 11 — Authorizing the City of Woodstock, Ont. to widen Dundas St.
where it crosses the C.P.R.
94084 Apr. 11 — Permitting the removal of slow order at C.P.R. crossing at Eastry,
Que.
94035 Apr. 11 — Requiring the C.N.R. to install certain protection at the crossing
of Townsend St., City of Sydney, N.S.
94086 Apr. 1 1— Authorizing the C.N.R. to render the swing span fixed at the
bridge over the Saskatchewan River, Man., at mile 0.6 Wekusko
Subd.
94087 Apr. 14 — Authorizing the Shell Oil Co. of Canada to construct a pipe line
under the company pipe line of Trans-Mountain Oil Pipe Line Co.,
Dist. of New Westminster, Province of British Columbia.
94088 Apr. 14 — In the matter of application of Corp. of the City of Fort William,
Ont. for reinforcement of C.P.R. bridge over the Kaministiquia
River, Fort William, Ont.
94089 Apr. 14 — Authorizing the Town of Lasalle to construct 90th Ave. across the
C.P.R., mileage 0.84 LaSalle Loop Line, Que.
94090 Apr. 14 — Authorizing the City of Sarnia to construct St. Andrew St. across
the Froomfield Spur of the C.N.R. at mileage 0.22, Sarnia, Ont.
94091 Apr. 14 — In the matter of the application of The Bell Telephone of Canada,
under section 380 of the Railway Act, for approval of Supplement
No. 6, dated March 24, 1958, to Traffic Agreement dated December 21.
1951, between the Applicant Co. and The Corp. of the Twp.
of Chinguacousy.
94092 Apr. 14 — In the matter of application of The Bell Telephone Co. of Canada,
under section 380 ' of the Railway Act, for approval of Traffic
Agreement dated March 21, 1958.
94093 Apr. 14 — In the matter of application of the Dept. of Highways of the Prov-
ince of Nova Scotia, for authority to construct Gunning Cove Road
at grade across the right of way of the C.N.R. at mileage 62.86
Yarmouth Subd., N.S.
80
94094 Apr. 14— In the matter of application of C.P.R. for an Order extending the
time within which it is required by Order No. 92774 to construct
an individual spur track, mileage 35.76, Adirondack Subd,
94095 Apr. 14 — Authorizing the C.N.R. to discontinue passenger service between
Terrace and Kitimat, B.C.
94096 Apr. 14 — Authorizing the Alberta Dept. of Highways to construct the high-
way across the C.N.R. at mileage 150.78, Coronado Subd.
94097 Apr. 14 — Requiring the C.N.R. to install certain protection at the crossing of
French River Road, at Merigomish, N.S.
94098 Apr. 14 — In the matter of application of Trans-Mountain Oil Pipe Line Co.
for approval of plan authorizing it to carry its company pipe line
across all public highways and railways as shown on the said plan.
94099 Apr. 14 — Approving plan showing location of a portion of Trans-Mountain
Oil Pipe Line Co. company pipe line in the Township of Kendrey,
Ont.
94100 Apr. 14 — Approving plan showing location of a portion of Trans-Mountain
Oil Pipe Line Co. pipe line loop in the Kamloops Division of the Yale
Dist., B.C.
94101 Apr. 14 — Approving plan showing location of a portion of Trans-Mountain
Oil Pipe Line Company company pipe line loop in the Kamloops
Div. of the Yale Dist., B.C.
94102 Apr. 14 — Authorizing the British Columbia Electric Co. Ltd. to construct a
gas main across the company pipe line of Trans-Mountain Oil
Pipe Line Co. at Rochester Road, Munic. of Coquitlam, B.C.
94103 Apr. 14 — Authorizing the Town of Leaside, Ont. to construct a sewer pipe
under the company pipe line of the Trans-Northern Pipe Line Co.
in the twp. of York, Ont.
94104 Apr. 14 — Approving plan showing location of a portion of Trans-Canada
Pipe Lines Ltd. company pipe line in the Twp. of Morrison, Dist.
of Muskoka, Twp. of Vespra, County of Simcoe, Ont.
94105 Apr. 14 — Authorizing the C.P.R. to operate under the bridge at 1st Ave.,
Brandon, Man.
94106 Apr. 14 — Authorizing the C.P.R. to make signal and track changes Montreal
Terminals and Smiths Falls Division, Winchester Subd., Que.
94107 Apr. 14 — Authorizing the Northwestern Utilities Ltd. to construct a gas pipe
line across the company pipe line of Trans-Mountain Oil Pipe
Line Co. in the Province of Alberta.
94108 Apr. 14 — Requiring the C. & O. Rly. Co. to install certain protection at the
crossing of Queen St., Kingsville, Ont.
94109 Apr. 15 — Authorizing Trans-Northern Pipe Line Co. to open for the trans-
portation of petroleum a portion of its line in the Township of
Toronto, Ont.
94110 Apr. 14 — In the matter of application of City of St. Jean, Que. for authority
to widen Boveri Blvd. where it crosses the right of way of C.P.R.
in the City of St. Jean, Que. mileage 25.60 Rouses Point Subd.
94111 Apr. 15 — Authorizing the Northern Alberta Railways Company to operate
over the subway at mileage 6.4 Edmonton Subd. Munic. Dist. of
Sturgeon River No. 90, Alta.
94112 Apr. 15 — Authorizing the Bell Telephone Co. of Canada to construct its
lines of telephone over a public highway in the County of Kent,
Ont.
94113 Apr. 15 — Authorizing C.N.R. to operate over Pictou Harbour Bridge, N.S.
94114 Apr. 15 — Approving Traffic Agreement between The Bell Telephone Co. of
Canada and The Plum Hollow & Eloida Independent Telephone Co.
Ltd.
94115 Apr. 15 — Relieving the Toronto, Hamilton & Buffalo Railway Co. from erecting
cattle guards at highway crossings on its Welland Subd. Twp. of
Saltfleet, Ont.
81
94116 Apr. 15— Authorizing the C.P.R. to replace the north abutment of the
bridge at mileage 70.32, Langdon Subd., Alta.
94117 Apr. 15— Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.P.R. under Section 8.
94118 Apr. 15— Authorizing the C.P.R. to remove the agent and appoint a caretaker
at Kelloe, Man.
94119 Apr. 15— Authorizing the C.P.R. to remove the agent and appoint a care-
taker at Streamstown, Alta.
94120 Apr. 15— In the matter of application of C.N.R. on behalf of The British
American Oil Co. Ltd. for approval of location of existing facilities
for the handling and storage of flammable liquids at Riviere du
Loup, Que., mileage 83.44 Rimouski Subd.
94121 Apr. 15 — In the matter of application of the Northern Alberta Railways Co.
on behalf of British Ameircan Oil Co. Ltd. for approval of the
proposed location of additional facilities for the handling and storage
of flammable liquids at Grimshaw, Alta., mileage 65.3 Peace River
Subd.
94122 Apr. 15 — In the matter of application of the Toronto, Hamilton & Buffalo
Railway Co. for approval of Plan No. 1430, revised to March 13,
1958, showing the crossing protection as installed at the crossing of
its railway and Gage Ave. in Hamilton, Ont., in lieu of Plan No.
1430, dated Mar. 1, 1957, which was approved under Order No.
92282, dated August 14, 1957.
94123 Apr. 16 — Authorizing the C.N.R. to construct its railway line across Riverside
Dr. and Sir Wilfrid Laurier Blvd., City of St. Lambert by means
of overhead bridges.
94124 Apr. 16 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
94125 Apr. 16 — Permitting the removal of slow order at C.N.R. crossing of Cadillac
St., Montreal East, Que.
94126 Apr. 16 — Requiring the C.N.R. to install certain protection at the crossing
of Notre Dame St., Victoriaville, Que.
94127 Apr. 16 — Authorizing the C.P.R. to remove the agent at McTavish, Man.
94128 Apr. 16 — Permitting the removal of slow order at C.P.R. crossing at Cherry-
wood, Ont.
94129 Apr. 17 — In the matter of application of Messrs. Hu Harries & Associates, on
behalf of Alberta Phoenix Tube & Pipe Ltd. for elimination of
unjust discrimination and undue preference alleged to exist in
respect of rates on Skelp and Pipe, from eastern points to Edmonton,
Alta., and Vancouver, B.C., under the provisions of the Railway Act,
Chapter 234, and the Transport Act, Chapter 271, R.S.C. 1952.
94130 Apr. 17 — In the matter of application of C.N.R. for approval of proposed
location of facilities for the handling and storage of Class II
flammable liquids at Hornepayne, Ont.
94131 Apr. 17 — In the matter of application of the C.P.R. for authority to operate
under the overhead bridge at mileage 12.49 Shuswap Subd., B.C.
authorized to be constructed by Order No. 87331 dated Nov. 4, 1955.
94132 Apr. 17 — Authorizing the C.P.R. to operate under the overhead bridge over its
tracks at 9th St. South, Lethbridge, Alta.
94133 Apr. 17 — Authorizing the Northern Alberta Railways Co. to reconstruct the
bridge over the East Prairie River, Alta.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
&f)e $5oart> of
2fran£pcirt Commtesrtoner* for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, JUNE 1. 1958 No. 5
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Messrs. Hu Harries and Associates, on behalf
of Alberta Phoenix Tube & Pipe Limited, for elimination of unjust
discrimination and undue preference alleged to exist in respect of rates
on Skelp and Pipe, from eastern points to Edmonton, Alberta, and Van-
couver, B.C., under the provisions of the Railway Act, Chapter 234, and
the Transport Act, Chapter 271, R.S.C. 1952:
File No. 48703,
Heard at Calgary, Alberta, February 27, 1958.
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Appearances:
R. A. MacKimmie, Q.C., and J. R. Smith, for Alberta Phoenix
Tube and Pipe Limited.
K. D. M. Spence, Q.C., and A. J. Alliston, for Canadian Pacific
Railway Company.
W. G. Boyd, for Canadian National Railways.
JUDGMENT
By the Board:
This application, as originally presented, consisted of a letter dated
December 31st, 1957 to the Secretary of the Board from Messrs. Hu Harries
& Associates of Edmonton, Alberta, on behalf of Alberta Phoenix Tube & Pipe
Limited, enclosing copies of eight letters exchanged with the railway companies
and, in the terms of the application, "seeking the elimination of the unjust
discrimination and undue preference that now exists in certain of the rates on
steel and pipe from several eastern destinations to Edmonton and Vancouver.
As the correspondence reveals, this problem has not been resolved and we,
therefore, herewith formally request that the Board hear the complaint that
we make."
83
57504-3—1
84
The correspondence shows that the applicant manufactures steel pipe at
Edmonton, Alberta, that this pipe is manufactured from steel skeip brought
in from Hamilton or Sault Ste. Marie, Ont., and the pipe is shipped generally
to the Prairie Provinces, with some movement to eastern British Columbia.
At the hearing at Calgary on February 27th, 1958, the applicant filed a
"formal application and submission", the first paragraph of which reads as
follows:
'The Applicant, Hu Harries & Associates, on behalf of Alberta Phoenix
Tube & Pipe Limited applies to the Board pursuant to the provisions of
the Railway Act of Canada being Chapter 234 of the Revised Statutes of
Canada, 1952 and Amendments thereto, and the Transport Act being
Chapter 271 of the Revised Statutes of Canada 1952, for an order that a
specified toll or tolls be charged Alberta Phoenix Tube & Pipe Limited
for the transport of steel skelp from Hamilton, Ontario to Edmonton,
Alberta and steel pipe from Edmonton to Vancouver, British Columbia,
the said toll or tolls not to exceed, in the aggregate $1.32 per 100 lbs., or
alternatively for an order fixing a similar charge, for the transport, by the
British Columbia Electric Railway Company Limited, Canadian National
Railways, Canadian Pacific Railway Company, The Esquimalt & Nanaimo
Railway Company, The New York Central Railroad Company, Ontario
Northland Railway, The Toronto, Hamilton and Buffalo Railway Company,
Vancouver and Lulu Island Railway Company (Canadian Pacific Railway
Company, Lessee), Wabash Railroad Company, of the goods of the shipper
Alberta Phoenix Tube & Pipe Limited, namely, steel skelp and steel pipe,
from and to stations and/or places as set out in Agreed Charges C.T.C.
(AC) No. 63 or alternatively, Agreed Charges C.T.C. (AC) No. 89, as are
in the said Agreed Charges contained."
It will be noted that while the formal application is submitted under both
the Railv/ay Act and the Transport Act, no specific section or sections of those
Acts was referred to. Upon it being pointed out by the Board to Counsel
for the applicant that both the rate on skelp from eastern Canada to Port
Moody of 95 cents per 100 lbs., which was one of the factors complained of,
and the rate of $1.20 on finished pipe from Welland to Vancouver, were under
agreed charges, Counsel was unable to explain fully how he could substantiate
unjust discrimination under the provisions of the Railway Act (section 317)
when the alleged unjust discrimination was mainly caused by agreed charges
under the provisions of the Transport Act. He put it that, "First we say
that this is undue preference under the Railway Act," and secondly, subsection
10 of section 32 which was amended under the Transport Act, and which is
found in the 1955 Statutes* was quoted by him with the further statement:
"Now, sir, my submission is that on the evidence before the Board,
we are entirely and within all fours under that section . . . ". "All
the other qualifications of this section as to where it goes are fully met,
so I say, sir, admittedly the application might well have been in more
specific terms as to what section but as far as the Transport Act is con-
cerned I respectfully submit we are entirely within that particular
section."
When Counsel was further asked by the Board:
"And you are asking for a remedy under the Transport Act and not
the Railway Act?"
85
he replied:
"Well, I would not want to decide right away, to tell the truth. I do
think it is within the terms of the Railway Act as well."
(Transcript page 2505).
The Board has given consideration to this question of unjust discrimination
under these two Acts, because it is fundamental to a decision in this case as
to what power the Board has to apply a remedy, if any, under the circumstances
stated in the application.
In order to understand the difficulty, it is necessary to set forth the rate
situation as shown on pages 4 and 5 of the formal application and as sub-
stantiated in the evidence, as follows:
Welland, Ontario, plant:
Average inbound rate on skelp $ .11
Loss factor — 10% 01
Pipe rate Welland to Vancouver (AC No. 63) 1.20
Total transportation cost steel mill via Welland to
Vancouver $1.32 per 100 lbs.
Port Moody, British Columbia, plant:
Average inbound rate on skelp (AC No. 89) $ .95
Loss factor — 10% 09£
Pipe rate Port Moody to Vancouver 25
Total transportation cost steel mill via port Moody
to Vancouver $1.29£ per 100 lbs.
Edmonton, Alberta, plant:
Average inbound rate on skelp $1.70£
Loss factor — 10% 17
Pipe rate Edmonton to Vancouver 1.29
Total transportation cost steel mill via Edmonton
to Vancouver $3.16£ per 100 lbs.
In the case of the Welland, Ontario plant the skelp comes from Hamilton,
Ont., and has been shipped at various rates averaging 11 cents per 100 lbs.,
ranging from a competitive rate of 7 cents per 100 lbs., to 15 cents per 100 lbs.,
which is a normal commodity rate, both published in tariffs under the Railway
Act. The pipe rate from Welland to Vancouver of $1.20 is an agreed charge
(C.T.C. (AC) No. 63). The loss factor will be omitted because it is not
necessary to a decision in this case.
So far as the Port Moody, B.C., plant is concerned, the inbound rate of 95
cents per 100 lbs. on skelp is an agreed charge (C.T.C. (AC) No. 89), while
the rate on pipe from Port Moody to Vancouver is a normal rate under the
Railway Act.
In the case of the Edmonton, Alberta plant, the inbound rate of $1.70£ on
skelp consists of an average of commodity rates under the Railway Act via
all rail, lake and rail, or rail, lake and rail. The pipe rate of $1.29 from
Edmonton to Vancouver is the normal rate under the Railway Act.
The applicant is therefore complaining of rates published exclusively
under the Railway Act to and from his Edmonton plant, against rates published
for its competitors at Welland and Port Moody, consisting partly of rates under
the Railway Act and partly of rates under agreed charges.
57504-3—2
86
It is clear from what has been recited above that the complaint in this
matter in respect of the competitors of the Edmonton plant, is in the main
based upon the rate on finished pipe from Welland and other points in that
vicinity to Vancouver of $1.20 per 100 lbs. under Agreed Charge C.T.C. (AC)
No. 63, and the rate on skelp from Hamilton, Ont. to Port Moody of 95 cents
per 100 lbs. under Agreed Charge C.T.C. (AC) No. 89, the skelp being con-
verted into finished pipe at Port Moody.
The applicant asks for an alternative remedy under the Transport Act
itself, and in this alternative we consider that the applicant is on sound ground
rather than in appealing to the Railway Act for a remedy.
While the Board does not now initially inquire into or approve agreed
charges since the Transport Act was amended on July 28th, 1955 by 3-4
Elizabeth II, c. 59, nevertheless once an agreed charge is filed the Board is
given power by subsection 10 of section 32, as amended, to deal with matters
of alleged unjust discrimination under the Transport Act. Subsection 10 of
that section reads as follows:
"Any shipper who considers that his business is or will be unjustly
discriminated against by an agreed charge may at any time apply to the
Board for a charge to be fixed for the transport by the same carrier with
which the agreed charge was made of goods of the shipper that are the
same as or similar to, and are offered for carriage under substantially
similar circumstances and conditions as, the goods to which the agreed
charge relates, and, if the Board is satisfied that the business of the shipper
is or will be unjustly discriminated against by the agreed charge, it may
fix a charge, including the conditions to be attached thereto, to be made
by the carrier for the transport of such goods of the shipper, and may
fix the day on which such charges shall be effective, not being earlier than
the day on which the agreement for the agreed charge was made."
The question of unjust discrimination is a matter of fact, and the factors
were fully developed on the record. As to the raw material, skelp, the evidence
of Mr. Gommel, General Manager of Alberta Phoenix Tube & Pipe Limited,
was that skelp is a product made by the steel mills and is used only for the
manufacture of pipe. There is no other purpose for which skelp is used.
It is shipped in coils in open cars. While the formal complaint refers to the
rate on skelp from Hamilton, the submission of Counsel for the applicant at
the hearing referred to the Agreed Charge on skelp from both Hamilton and
Sault Ste. Marie, Ontario.
As to the method of conversion of the skelp into pipe, the evidence also
is that the applicant's method of conversion is similar to the process used by
the applicant's competitors. The further evidence given by the applicant, and
not contradicted by any other evidence, is that the applicant is unable to sell
pipe similar to its competitors in the Vancouver market because of (1) the
competition of finished pipe from Welland, Ont., and (2) the competition of
skelp from Hamilton or Sault Ste. Marie, converted into finished pipe at
Port Moody, B.C., in the vicinity of Vancouver; and that the inbound skelp
and the outbound pipe of the applicant are shipped in the same kind of cars,
over generally the same routes, and under substantially similar transportation
circumstances and conditions as exist in the case of the skelp and pipe of its
two competitors.
Under the interpretation section (2) (1) (L) of the Transport Act,
"shipper" means "a person sending or receiving or desiring to send or receive
goods by means of any carrier to whom this Act applies."
The evidence also shows in the case of both the Port Moody plant and
the Welland plant, which are competitors of the applicant, that the rate of
95 cents per 100 lbs. on skelp from Hamilton and Sault Ste. Marie to Port
87
Moody was established for the admitted purpose of meeting market competition
of skelp imported from European and other countries for converting into pipe;
and that the rate of $1.20 per 100 lbs. on pipe from Welland to Vancouver and
other Pacific coast points was also established as a market competitive rate to
meet the competition of pipe imported in a finished state. The applicant con-
tends that its pipe, converted at Edmonton from skelp received from Hamilton
or Sault Ste. Marie, Ont., and shipped as finished pipe from Edmonton to the
Vancouver area, is for the same purpose of meeting market competition under
substantially similar circumstances and conditions, and that the two agreed
charges made by the railways with its competitors unjustly discriminate against
its business.
The applicant at the hearing requested the Board to prescribe a rate or
fixed charge on skelp from Hamilton to Edmonton of 78 cents per 100 lbs.,
and a rate or fixed charge on finished pipe from Edmonton to Vancouver of
48 cents per 100 lbs., or a total of $1.26 per 100 lbs.
The position of the railways, as exemplified by the evidence of two traffic
witnesses and the argument of their Counsel, is that, while they sympathized
with the position of the applicant, they considered that they are unable to
comply with the remedy suggested by the applicant for several reasons: the
main reason being that the railways considered the remedy proposed is a
fabricating in-transit or manufacturing in-transit arrangement which they
have repeatedly refused to consider in connection with iron and steel products
and many other commodities; that their rates generally, into and out of
manufacturing plants, are local rates which preserve the railways' revenue,
and that fabricating or manufacturing in-transit arrangements at a through
rate from origin to destination would cause a great loss in revenue to the
railways; other reasons are that any such arrangement as suggested by the
applicant would be difficult to police in the respect that there would be no
check on skelp brought into Edmonton at a rate lower than the normal rate
when for manufacturing and reshipment as pipe to Vancouver, particularly
as the outbound pipe from Edmonton after being billed to Vancouver could
be diverted in-transit to other destinations, where the same rate conditions do
not prevail as at Vancouver. It was admitted, however, by the railway
witnesses that there are some arrangements in effect by which traffic is billed
into a manufacturing point at the normal rate, and that when the product is
reshipped the inbound rate is reduced to a lower figure. That is particularly
the case in western Canada with logs and rough lumber for various kinds of
treatment, and there is no difficulty in "policing" the arrangement.
The pipe from Welland under Agreed Charge No. 63 with which the
applicant competes in the Vancouver area, is unrestricted as to size, and the
applicant makes pipe of diameters ranging from 3£ inches to 12| inches in
diameter, (Exhibit No. 1). The reference to "skelp" has been used by the
applicant throughout this case without qualification as to width, nor did the
respondents question the width of skelp referred to; on the inbound skelp from
eastern Canada to Edmonton at the normal rates there is no restriction as to
width. However, it must be noted that the skelp from eastern Canada to
Port Moody under Agreed Charge No. 89 with which the applicant also
competes is limited to skelp not in excess of 15 inches in width. Skelp of
such width will produce pipe of 3 \ inches diameter, which is one of the sizes
manufactured by the applicant. Under the authority contained in subsection
10 of section 32 of the Transport Act, the charge to be fixed by the Board
: for a shipper complaining of unjust discrimination under an agreed charge,
may not only be applied on goods "the same as" but a1 so on "similar" goods,
j "Similar" as defined in Websters New International Dictionary means "nearly
I corresponding; resembling in many respects; somewhat like; having a general
t likeness". In the Winston Simplified Dictionary /'similar" is defined as "like,
88
but not the same or exactly alike". The Board, therefore, has authority to
fix a charge to be applicable on all sizes of skelp under the agreed charge
legislation, whether the same (15 inches in width) or "similar" (over 15
inches in width). The Board also has power to fix the conditions to be
attached thereto.
Findings
The Board finds:
(1) That the applicant is qualified as a shipper within the meaning of
the term in section (2)(1)(L) of the Transport Act;
(2) That the goods of the said shipper, and which the shipper desires to
ship or receive are the same as, or similar to, the goods to which Agreed
Charges CTC (AC) Nos. 63 and 89 relate;
(3) That the said goods of the said shipper are offered for carriage under
substantially similar circumstances and conditions as the goods to which
Agreed Charges CTC (AC) Nos. 63 and 89 relate; and
(4) That the business of the shipper is unjustly discriminated against by
the said Agreed Charges CTC (AC) Nos. 63 and 89, and that the unjust
discrimination arises solely out of the arrangements made by the railways to
enable the shippers at Welland and other points in Ontario to ship pipe to the
Pacific coast to meet import competition; and to enable the plant at Port Moody
to obtain skelp at Hamilton and Sault Ste. Marie, Ontario, in competition with
imported skelp and thus directly enable pipe to be made at Port Moody to meet
the competition of imported pipe.
Conclusions
Subsection 10 of section 32 of the Transport Act provides that the Board,
upon a finding that unjust discrimination exists against the business of any
shipper complaining against an agreed charge, may fix a charge, including
conditions to be attached thereto, to be made by the carrier for the transport
of the goods of the complaining shipper. In the opinion of the Board this does
not necessarily mean the same charge as the agreed charge; it means a charge
which the Board considers will remove the unjust discrimination. The Board
is of the opinion, therefore, that it has power where an intermediate point is
concerned, such as Edmonton, to fix a charge related to the shorter distance of
that intermediate point. The Board considers, however, that having regard
to the low revenue (approximately 7 mills per ton-mile) produced by the
rate of 95 cents per 100 lbs. on skelp from Hamilton to Port Moody, that it
is not justified in fixing a much lower charge on that material for the shorter
distance from eastern Canada to Edmonton.
The Board, therefore, for the purposes of this case and on the record as
made, fixes a charge for the applicant of 90 cents per 100 lbs. on skelp, iron or
steel, in carloads, without limitation as to width, carload minimum weight
120,000 lbs., from Hamilton and Sault Ste. Marie, Ont. to Edmonton, Alberta,
to be made by the same carriers parties to Agreed Charge CTC (AC) No. 89,
and under the conditions attaching to the said Agreed Charge, with the further
condition that the said fixed charge shall only be applied upon proof submitted
to the carrier that the said skelp has been converted into pipe and shipped
from Edmonton, Alberta at the charge fixed and in accordance with the
provisions of the next succeeding paragraph hereof;
The Board further fixes a charge for the applicant of 44 cents per 100 lbs.
on pipe, wrought iron or steel, carloads, of the same description and under the
conditions attaching to the said Agreed Charge CTC (AC) No. 63, to be made
by the same carriers parties to that Agreed Charge, from Edmonton, Alberta,
to the stations and places to which the said Agreed Charge is applicable, to the
extent that the said carriers participate in the carriage of the said goods
from Edmonton to the said stations and places.
89
Under these conditions the railways' revenues will be protected against
any unwarranted reductions in rates or charges from or to other stations or
places, and practically no "policing" of the inbound or outbound shipments at
Edmonton will be necessary. It may be added that were it not for the
restriction placed upon the Board by the Transport Act of fixing a charge
related to each agreed charge, the Board would have fixed a single charge of
$1.34 per 100 lbs. for the combined movements of both skelp and pipe.
Order to go accordingly.
A. SYLVESTRE
L. J. KNOWLES
Ottawa, April 17, 1958.
ORDER No. 94129
In the matter of the application of Messrs. Hu Harries and Associates, on behalf
of Alberta Phoenix Tube & Pipe Limited, for elimination of unjust
discrimination and undue preference alleged to exist in respect of rates
on Skelp and Pipe, from eastern points to Edmonton, Alberta, and Van-
couver, B.C., under the provisions of the Railway Act, Chapter 234, and
the Transport Act, Chapter 271, R.S.C. 1952:
File No. 48703
Wednesday, the 17th day of April, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Whereas Alberta Phoenix Tube & Pipe Limited has made application under
subsection 10 of section 32 of the Transport Act, and has represented to the
Board that its business is unjustly discriminated against by Agreed Charge
C.T.C. (AC) No. 63 on pipe, wrought iron or steel, as described in the said
Agreed Charge, from Welland, Ont. and other places in the Province of
Ontario to Vancouver and other points in the Province of British Columbia;
and by Agreed Charge C.T.C. (AC) No. 89 on skelp, iron or steel, as described
in the said Agreed Charge, from Hamilton and Sault Ste. Marie, Ont. to Port
Moody, B.C.;
And whereas the said application was heard at Calgary, Alberta on the
27th day of February, 1958, in the presence of Counsel for the Applicant, for
Canadian Pacific Railway Company and Canadian National Railways;
And whereas the Board by its Judgment herein dated April 17, 1958,
has made a finding that the business of the Applicant is unjustly discriminated
against by each Agreed Charge above referred to;
And whereas the Board by the said Judgment has fixed for the Applicant
a charge in relation to the said Agreed Charge No. 63 and a charge in relation
to the said Agreed Charge No. 89, with Order to go accordingly;
It is ordered that such charges be, and they are hereby fixed, in accordance
with the provisions of the said Judgment and that they shall come into effect
on the 17th day of May, 1958.
CLARENCE D. SHEPARD,
Chief Commissioner,
57504-3—3
90
In the matter of the application of the Corporation of the City of Calgary,
Alberta, for an Order authorizing the reconstruction of the Alyth Bridge
over the Canadian Pacific Railway Company's tracks in the City of
Calgary, Alberta.
File No. 15542.
Heard at Calgary, Alberta, February 27, 1958.
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Appearances:
E. M. Bredin, Q.C., for the City of Calgary.
K. D. M. Spence, Q.C., R. R. Mitchell, Q.C., and A. J. Alliston,
for the Canadian Pacific Railway Company.
W. G. Boyd, for the Canadian National Railways.
JUDGMENT
MacPherson, Commissioner:
The existing ovearhead bridge known as the Alyth Bridge was constructed
under Board Order No. 11652, dated September 8, 1910, which was an Order
to construct; Order No. 12505, dated September 17th, 1910, which apportioned
the costs 50 per cent to the City of Calgary, and 50 per cent to the Canadian
Pacific Railway Company; Order No. 12838, dated January 31, 1911, which
authorized the overhead bridge to be constructed in accordance with the terms
and conditions in the Agreement between the City of Calgary and the Canadian
Pacific Railway Company, dated August 20th, 1910. This Order was issued
after a hearing of the application by the Board at Calgary, on September 16th,
1910.
This overpass crosses the large C.P.R. rail yard at Alyth. It is made up
of two 100' through pin trusses with a 64' HDPG at the south end and a 38'
HDPG at the north end, with timber approaches on both the north and south
approach. The bridge was constructed in 1910 by the Hamilton Bridge
Company.
In the above-mentioned agreement between the City and the Railway,
a copy of which was filed by the Canadian Pacific Railway Company at the
hearing as Exhibit No. 7, the cost of construction, exclusive of the value of the
land occupied, was divided between the Canadian Pacific Railway Company
and the City of Calgary on an equal basis. The maintenance of the bridge
after construction is as follows:
The C.P.R. maintains, at its own expense, the steel spans of the said
bridge and the supports and superstructure thereof on the property of the
C.P.R., including such stringers as may be necessary for the maintenance
of the flooring and the railing of the said bridge. The City of Calgary
maintains at its own expense the timber approaches, the flooring and the
railing of the said bridge.
Previous to the opening of the hearing, the Chief Engineer and the District
Inspector of the Board, together with myself, made an inspection, which
revealed that the timber approaches had lived their life and now require
replacement. The steel spans, supports and concrete sub-structure maintained
by the C.P.R. appear to be in a reasonable state of repair.
91
The travelled portion of the existing bridge is only approximately 22 feet
wide. This travelled portion being in an enclosed area, is not up to present day
standards for two-lane traffic. Present day standards for the heavy traffic on
this bridge would be from 24 to 28 feet travelled surface for a two-lane road-
way. The original bridge was designed for a loading of approximately H-10,
and is in fair condition. However, timber approach spans have outlived their
usefulness, and mainly because of their weakened condition, traffic on the
bridge has been restricted. The bridge now bears signs restricting traffic to
passenger vehicles and half-ton trucks only with a restricted speed of
10 m.p.h. As mentioned above, these restrictions are maintained because of the
condition of the timber approaches.
A map filed by the City of Calgary, dated August 30th, 1956, shows in red
a proposed truck by-pass route in the City of Calgary, and also shows all
industries and facilities in the area adjacent to this overpass.
Alyth overhead is the only non-level crossing of the C.P.R. right-of-way
in the southeast part of the City. The nearest level crossings are as follows:
the first level crossing to the east is 9400 feet distant, being 50th Avenue; the
first level crossing to the west is 3300 feet distant, being 12th Street East.
Because of the above restrictions to the traffic on this bridge former bus
service in the area has been suspended with the following effects:
Valley Field children are attending Ramsey School.
Ogden Junior High School students are going to Col. Walker School.
The employees working in the C.P.R. Ogden Shops, and living in
East Calgary, have dislocated bus service.
Re-routing of Ogden Line means two level crossings at Shamrock
Hotel and at 11th Street East.
Also because of the suspension of traffic on the bridge, Fire Station No. 3
has now been isolated from its direct means of access to the south side of
the C.P.R., and if called must take the alternate routes on the level crossings
as mentioned above. The fire station is located in its present position to serve
the following industries:
Alberta Stockyards Ltd. (C.P.R.)
Government Elevators
Mannix Ltd.
Revelstoke Saw Mill
Rock Mountain Distilleries
R.C.A.F. Depots
Canada Malting
Renown Flour Mills
Imperial Oil Ltd.
Western Gypsum Ltd.
Burns & Co.
The re-routing because of the restriction on the overhead means an
additional mile of hazardous delay because of the two level crossings. The next
fire station is in Victoria Park, a considerable further distance away.
In addition to the re-routing of the bus lines and adequate fire service to
the above area, the industries themselves are affected by trucks hauling to
them not being able to use the existing bridge.
It is proposed by the City of Calgary to make the Alyth Bridge a truck
by-pass route and to bring a 44' paved road from Highways 1 and 2, north
of the C.P.R. tracks over this overpass, and connect up with the Macleod Trail
on the south side, thus by-passing the main business area of Calgary. In
connection with this proposed by-pass route, two bridges are now under
57504-3— 3£
92
construction north of the existing overpass, one being the Gushing Bridge
over the Bow River, and the other being over a drainage canal. The new
Cushing Bridge has just been completed and is only of two-lane capacity.
Apparently this bridge was originally intended for a four-lane bridge, but due
to difficulties, was of necessity constructed to two-lane. Footings, etc., for the
additional two lanes were poured at the time of original construction, but as
yet the additional two lanes have not been constructed.
I consider that an overpass is a definite necessity at this location for two
reasons. (1) The existing overpass is intended to serve a highly developed
industrial area with a large volume of road traffic. (2) The City wishes to
incorporate this overpass as part of their plan for the truck by-pass route.
Considering these two reasons for the maintenance of the overpass at this
location, I state the following:
For the purpose of serving the entire area in the vicinity of the overpass,
the present overpass is not adequate even if it were in good repair and up to
original design. The width of the present bridge cannot be increased to
provide adequate loading. It is stated that the bridge can be increased to H-15
loading at a reasonable expense, as indicated by the C.P.R. Exhibit No. 11,
at the cost of approximately $23,000.
Even if the bridge is suitable for the present day traffic, the width of the
bridge would not be sufficient for a good two-lane which would require about
28 feet.
I am of the opinion that even if the present overpass were constructed as
above, it would not be suitable for the future trucking now being planned, and
in support of this I refer to Exhibit No. 10, in which the C.P.R. estimate the
cost of replacing two spans for H-20-S16 loading at $82,000.
The by-pass as it is called is not intended by the City of Calgary as
merely a truck by-pass, but also for the moving of traffic, and to relieve in
part the city centre of traffic congestion that would otherwise continue south
to north on the east side of the city. In other words, this by-pass will provide
a major highway within the city street system. In addition, this road is
restricted to where it now crosses the C.P.R. right-of-way and the City wishes
to construct and maintain a public highway up to present day highway
standards.
I am of the opinion that the request of the City of Calgary for a new
construction is justified as the present one is very inadequate to take care of
the traffic offered, particularly when the roads are linked with the north and
south provincial highways now in the process of construction north and south
of the city. According to the City's plans, as filed with the Board, the cost
would be in the neighbourhood of $861,000, made up as follows:
Bridge and approaches $624,500
Removal of existing bridge 20,000
Property and damage 161,778
Engineering and inspection 55,000
Total $861,278
This structure would be prestressed concrete, and the maintenance costs, as
estimated by the City, would be $230 per annum.
Another feature is the request of the Canadian Pacific Railway Company
for sufficient space to allow for two or three more tracks in addition to five
sets of tracks which have been installed under this bridge since it was built.
In my opinion, Section 267 of the Railway Act clearly states that traffic of
the railway and the highway must always be considered in structures over or
under either railway or highway.
93
There is no doubt that inconvenience is caused by the bridge in its present
state. The Canadian Pacific Railway Company has suggested reinforcing the
bridge to H-15 S-12 loading at an estimated cost of $18,000, but this would not
be sufficient as the bridge would still be too narrow. The same applies to the
suggestion of providing H-20 S-16 loading at a cost of $82,000, as it would
also be inadequate. Even if the Railway spent $82,000 for the handling of
present day traffic, as suggested by them, and assuming the Board, under
Section 265 of the Railway Act, would contribute 30 per cent towards the
costs, it would still remain for the Railway to pay $57,400. This would be
the cost of the work exclusive of the approaches.
Having given consideration to all these suggestions, I believe that an
adequate structure should be provided to allow the Railway to install additional
tracks, and to have a loading capacity of H-20 S-16, in accordance with the
City's plan.
The City has estimated the total cost of maintenance at $230 per annum.
I am of the opinion that the Railway should contribute $100 annually as their
share of the maintenance costs. The Board will contribute from the Railway
Grade Crossing Fund, 30 per cent of the costs of the above structure, up to
the maximum of $150,000. I believe that it is only fair that the Railway should
contribute as much to the new structure as it would have if the present bridge
were reinforced to provide H-20 S-16 loading, mentioned above. I therefore
apportion the Canadian Pacific Railway Company's share in this case at
$60,000, the balance to be assumed by the City of Calgary.
Order to issue.
FRANK M. MacPHERSON
I Concur:
A SYLVESTRE.
April 21, 1958.
94
ORDER No. 94184
In the matter of the application of the Corporation of the City of Calgary,
Alberta, hereinafter called the "Applicant", for an Order authorizing
the reconstruction of the Alyth Bridge over the tracks of the Canadian
Pacific Railway Company in the City of Calgary, Alberta:
File No. 15542
Wednesday, the 23rd day of April, A.D. 1958
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon hearing the application at a sitting of the Board held at Calgary,
Alberta, on February 27, 1958, in the presence of Counsel for the City of
Calgary, the Canadian Pacific Railway Company and the Canadian National
Railways —
It is hereby ordered as folloios:
h The Applicant is authorized to reconstruct the Alyth Bridge over the
tracks of the Canadian Pacific Railway Company in the City of Calgary, Alberta,
2. Thirty per cent of the cost of reconstruction of the said bridge, not
exceeding, however, the sum of $150,000.00, shall be paid out of The Railway
Grade Crossing Fund, $60,000.00 shall be paid by the Canadian Pacific Railway
Company and the balance of the said cost shall be borne and paid by the
Applicant.
3. The cost of maintenance of the said structure shall be borne and paid
$100.00 annually by the Canadian Pacific Railway Company and the balance
by the Applicant.
HUGH WARDROPE,
Assistant Chief Commissioner.
95
P.C. 1958-601
Certified to be a true copy of a Minute of a Meeting of the Committee of the
Privy Council, approved by His Excellency the Governor General on the
29th April, 1958.
The Committee of the Privy Council, on the recommendation of the Right
Honourable John George Diefenbaker, the Prime Minister, having received,
heard and considered, pursuant to section 53 of the Railway Act, a petition to
rescind Order No. 93265 of the Board of Transport Commissioners dated 27th
December 1957 authorizing increases in railway freight rates, and an answer
to such petition, and having also received and considered a subsequent petition
to rescind the increase in railway freight rates granted by Order No. 90447 of
17th December 1956 and an answer thereto, recommended that Your Excellency
be pleased:
1. To rescind the said Order No. 93265 of the Board;
2. To direct the Board that, as a principle of rate making policy, credits
to tax equalization reserves shall not be regarded as necessary expenses or
requirements in determining rates; and
3. To confirm on other grounds, including the lapse of time since Order
No. 90447 came into effect namely on 1st January 1957, the freight rates
authorized by that Order.
R. B. BRYCE,
Clerk of the Privy Council.
P.C. 1958-602
Certified to be a true copy of a Minute of a Meeting of the Committee of the
Privy Council, approved by His Excellency the Governor General on the
29th April, 1958.
The Committee of the Privy Council on the recommendation of the Right
Honourable John George Diefenbaker, the Prime Minister, having received,
heard and considered, pursuant to section 53 of the Railway Act, a petition to
rescind Order No. 93401 of the Board of Transport Commissioners for Canada
dated 10th January, 1958, approving revisions of the tariffs of the Bell Telephone
Company of Canada for exchange and long distance services and equipment,
and an answer to such petition, recommend that Your Excellency may be
pleased to rescind the said Order No. 93401 of the Board and to direct the
Board that, as a principle of rate making policy, credits to tax equalization
reserves shall not be regarded as necessary expenses or requirements in
determining rates and charges.
R. B. BRYCE,
Clerk of the Privy Council.
9G
ORDER No. 94273
In the matter of Order No. 93952, dated March 24, 1958, granting licence
No. C.T.C. (W.T.) 345 to Canada Steamship Lines Limited (including
its wholly owned subsidiary Northern Navigation Company Limited
operated by the Licensee as its Northern Navigation Division):
File No. 42076.4.2.
Monday, the 5th day of May, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
The said Order No. 93952 is amended by striking out, in paragraph
numbered two, the following:
Glenelg 150237 2099
Iroquois 176119 2300
and including it in paragraph numbered one of the said Order.
HUGH WARDROPE,
Assistant Chief Commissioner.
97
ORDER No. 94294
In the matter of the application of Canadian Pacific Railway Company, as
lessee exercising the franchises of the Atlantic and North West Railway
Company, hereinafter called the "Applicant", under section 203 and other
relevant sections of the Railway Act for authority to take without the
consent of the owner the lands and premises hereinafter described:
File No. 27167.94.
Tuesday, the 6th day of May, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the application at a sitting of the Board at Ottawa, Ontario,
on May 6th, 1958, in the presence of Counsel for the Applicant, no one appearing
in opposition to the application, and upon consideration of the matter —
It is hereby ordered as follows:
The Applicant is authorized to take, without the consent of the owner or
owners, the following lands and any easement, servitude, right, privilege or
interest in, to, upon, under, over or in respect of the same:
A vacant parcel of land of irregular figure situated in the Municipality of
the Parish of St. Constant, in the Province of Quebec, composed of part of
Lot One hundred and forty-three (Pt. 143) of the Official Plan and Book of
Reference for the Parish of St. Constant, containing Five arpents, more or less,
in area, bounded towards the North-west partly by Subdivision One of Lot
One hundred and fifty on the said Official Plan and Book of Reference and
partly by Subdivisions One hundred and fifty-three, one hundred and fifty-four
and One hundred and fifty-five of the said Subdivision One of the said Lot One
hundred and fifty, towards the North-east partly by an unsubdivided part of
Lot One hundred and forty-six on the said Official Plan and Book of Reference
and partly by part of Subdivision One hundred and fifty-six of the said
Subdivision One of the said Lot One hundred and fifty, towards the South-east
by the residue or remainder of the said Lot One hundred and forty-three, and
towards the South-west by Subdivisions Six, Three, Twenty-five, Twenty-six
and Twenty-seven of the said Lot One hundred and fifty and being more
particularly described as follows:
Commencing at the point where the division line between the said Lot
One hundred and forty-three and the said Subdivision One of the said Lot
One hundred and fifty intersects the North-easterly boundary of the said Lot
One hundred and forty-three, thence proceeding in a South-easterly direction
along the said North-easterly boundary of the said Lot One hundred and
forty-three a distance of Four hundred and four feet to a point, thence turning
and proceeding in a South-westerly direction in a straight line a distance of
Four hundred and ninety-two feet to a point on the South-westerly boundary
of the said Lot One hundred and forty-three, which point is the Southeast
corner of the said Subdivision Six of the said Lot One hundred and fifty, thence
turning and proceeding in a North-westerly direction along the said South-
westerly boundary of the said Lot One hundred and forty-three a distance of
Three hundred and thiry-four feet and six-tenths of a foot to the North-westerly
boundary of the said Lot One hundred and forty-three, thence turning and
proceeding in a generally North-easterly direction along the said North-westerly
boundary of the said Lot One hundred and forty-three to the point of
commencement.
the said described lands being shown outlined in red on the plan, profile and
book of reference bearing revised date 20th February, 1958, attached to the
said application and on file with the Board under file No. 27167.94.
HUGH WARDROPE,
Assistant Chief Commissioner.
98
ORDER No. 94305
In the matter of the application made on behalf of the Department of Highways
of the Province of Quebec, hereinafter called the "Applicant", for an
Order authorizing the reconstruction of the tunnel at the intersection of
Highway No. 38 and the Canadian National Railways' tracks, in the
Parish of Ste. Dorothee, County of Laval, Province of Quebec, at mileage
7.77 Montfort Subdivision:
Upon hearing the application at the sittings of the Board held in the City
of Montreal, on the 9th day of April, 1958, in the presence of Counsel for the
Department of Highways of the Province of Quebec and Canadian National
Railways —
It is hereby ordered as follows:
1. The Applicant is authorized to construct Highway No. 38 across the
right of way of Canadian National Railways, by means of a subway, in the
Parish of Ste. Dorothee, County of Laval, Province of Quebec, at mileage 7.77
Montfort Subdivision, as shown on Plan No. C-18245, dated May 9, 1957, on
file with the Board under file No. 2342.109.
2. The said subway shall be constructed in accordance with the provisions
of General Order No. 589; detailed plans showing the construction thereof
shall be submitted for the approval of an Engineer of the Board.
3. Upon the subway hereby authorized being open to the public the
Applicant shall close and dismantle the existing subway at mileage 7.79 Montfort
Subdivision.
4. The question of the apportionment of the cost of construction and
maintenance of the subway hereby authorized, as well as the cost of dismantling
the existing subway, is reserved for further consideration and order of the
Board.
File No. 2342.109.
Wednesday, the 7th day of May, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
HUGH WARDROPE,
Assistant Chief Commissioner.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
MARCH, 1958
Railway Accidents 181 Killed 6 Injured 184
Level Crossing Accidents .... 41 Killed 14 Injured 48
Total
222
20
232
Killed
Injured
Passengers
Employees
Others . . .
20
37
135
60
Total
20
232
99
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Nova Scotia
Killed Injured
— 2 Auto truck struck by train. Licence: N.S. 564-15.
New Brunswick
1 — Auto truck struck by train. Licence: N.B. C-35-495.
— 1 Automobile struck by train. Licence; N.B. 22-322.
Quebec
1 — Pedestrian passed under gate and was struck by train.
— 2 Automobile struck by train. Licence: Que. 320427.
— 1 Automobile struck by train. Licence: Que. 451916.
— 1 Automobile struck by train. Licence: Que. 588766.
— 2 Automobile ran into side of train. Licence: Que. 447-230.
— 1 Automobile struck by train. Licence: Que. 690-080.
— 1 Boy on bicycle ran into side of train.
— 5 Automobile ran into side of engine. Licence: Ont. B-36329.
— 1 Automobile struck by train. Licence: Alta. TV-813.
1 — Automobile struck by train. Licence: Que. T-9424.
— 1 Automobile ran into side of train. Licence: Que. T-15822.
— 2 Automobile struck by train. Licence: Que. 466-121.
Ontario
1 — Transport Trailer truck struck by train. Licence: Ont. 20030-B.
— 1 Auto truck ran into side of train. Licence: Ont. 92808-A.
— 2 Automobile ran into side of train. Licence: Ont. 468-921.
1 1 Automobile struck by train. Licence: Ont. 541-107.
— 1 Auto truck struck by train. Licence not given.
1 2 Auto truck struck by train. Licence: Ont. 512-987.
1 — Automobile ran into side of train. Licence: Ont. 25292-X.
1 — Auto truck ran into side of train. Licence: Ont. 73057-A.
— 1 Auto truck struck by train. Licence: Ont. 91408-C.
— 1 Automobile struck by train. Licence: Ont. 79653.
1 — Automobile struck by train. Licence: Ont. 593-040.
— 1 Transport truck struck by train. Licence: Ont. 67729-C.
— 1 Automobile struck by train. Licence: Ont. 363-838.
— 1 Automobile ran into side of train. Licence: Ont. 13161.
— 1 Automobile struck by train. Licence: Ont. 868-969.
1 — Pedestrian stepped in front of approaching train and was struck.
— 1 Automobile ran into side of train. Licence: Ont. B-17129.
— 3 Automobile ran into side of train. Licence: Ont. A-78630.
2 — Automobile struck by train. Licence: Ont. 20217-X.
— 1 Automobile struck by train. Licence: Ont. C-60063.
— 1 Automobile struck by train. Licence: Ont. 903-624.
Manitoba
— 4 Auto truck ran into side of train. Licence: Man. FT-75435.
— 1 Auto taxi struck by train. Licence: Man. Lid. 534.
Saskatchewan
— 1 Automobile ran into side of train. Licence: Sask. 1467.
Alberta
— 1 Auto truck ran into side of train. Licence: Alta. 165-039.
2 2 Automobile struck by train. Licence: Alta. YK-687.
Of the 41 accidents at highway crossings, 30 occurred at unprotected crossings,
11 at protected crossings, 20 occurred after sunrise and 21 after sunset.
Ottawa, Ontario, May 1, 1958.
100
SUMMARY OF ORDERS ISSUED BY THE BOARD
94134 Apr. 17-
94135 Apr. 17-
94136 Apr. 17—
94137
94138
94142
94143
94144
94145
94146
94147
94149
94150
94152
94153
94154
Apr. 17-
Apr. 17-
94139 Apr. 17-
94140 Apr. 17-
94141 Apr. 17-
Apr. 17-
Apr. 17-
Apr. 18-
Apr. 18-
Apr. 18-
Apr. 18-
94148 Apr. 18-
Apr. 18-
Apr. 18-
94151 Apr. 18-
Apr. 18-
Apr. 18-
Apr. 18-
In the matter of application of the C.N.R. on behalf of Imperial Oil
Ltd., for approval of proposed location of additional facilities for
protection of above ground pipe lines at Lytton, B.C., Mileage 97.38
Ashcroft Subd.
In the matter of application of the Northern Alberta Railways
Company on behalf of North Star Oil Limited for approval of pro-
posed location of additional facilities for handling and storage of
flammable liquids at Fairview, Alta., Mileage 97.4 Peace River, Subd.
In the matter of application of the C.N.R. on behalf of North Star
Oil Limited, for approval of proposed location of additional facilities
for the handling and storage of flammable liquids at Hoey, Sask.,
Mileage 82.6 Cudworth Subd.
-In the matter of filing of tariffs by The Bell Telephone Company of
Canada.
-In the matter of application of Trans-Canada Pipe Lines Limited,
for approval of plan showing a portion of its line in the Twps. of
Grenfell and Kerns, Ontario.
-In the matter of application of Trans-Canada Pipe Lines Limited
for an order approving plan showing portion of its company pipe
line in the District of Cochrane, Ont.
-In the matter of application of Trans-Canada Pipe Lines Limited,
for an order approving plan showing location of a portion of its
company pipe line in the District of Nipissing, Ontario.
-In the matter of application of Trans-Canada Pipe Lines Limited,
for an order approving plan showing the location of a portion of its
company pipe line in the Districts of Parry Sound and Muskoka,
Ontario.
-In the matter of application of Trans-Canada Pipe Lines Limited,
for an order approving plan showing a portion of its company pipe
line in the District of Nipissing, Ont.
-In the matter of application of Trans-Canada Pipe Lines Limited,
for an order approving plan showing location of a portion of its
pipe line in the District of Muskoka, Ont.
Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 57.5 Hoadley Subd., Alta.
Authorizing the Northern Alberta Railways Company to reconstruct
the bridge in the Town of Grande Prairie, Alta.
Authorizing the C.P.R. to reconstruct the north end of the bridge
over the Little Bow River, Alta.
-In the matter of apportionment of cost of maintenance and operation
of automatic protection at crossing of Stanley Street and the C.N.R.,
City of Niagara Falls, Ontario, Mileage 0.36 Welland Subd.
■In the matter of application of Trans-Canada Pipe Lines Limited
for an order approving plan showing location of a portion of its
company pipe line in the District of Nipissing, Ontario.
Authorizing the C.P.R. to close the old Banff-Lake Minnewanka
Road at Mileage 79.5 Laggan Subd., Alta.
■In the matter of application of The Bell Telephone Company of
Canada for approval of revised Appendix to Traffic Agreement
between it and The Wright and Pontiac Telephone Company
(Incorporated) .
In the matter of application of The Bell Telephone Company of
Canada for approval of Traffic Agreement between it and La
Compagnie de Telephone de Risborough.
Authorizing the Northern Alberta Railways Company to reconstruct
the railway bridge over the Christina River, Alta.
Requiring the C.P.R. to install certain protection at the crossing
of the highway at Canmore, Alta.
Approving clearances at the fertilizer plant of Canada Packers
Limited, Toronto, Ontario.
101
94155 Apr. 18 — Requiring the C.N.R. to install certain protection at the crossing
of the highway west of the station at St. Apollinaire, P.Q.
94156 Apr. 18 — Authorizing the C.P.R. to operate its trains over the temporary
track diversion of its Park Avenue Subd., across Cremazie Blvd.,
Montreal, P.Q.
94157 Apr. 18 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Amulet Subd., Sask.
94158 Apr. 18 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Kisbey Subd., Sask.
94159 Apr. 18 — Authorizing the C.N.R. to operate over the subway at Mileage 4.2
Tidewater Subd., B.C.
94160 Apr. 18 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Assiniboia Subd., Sask.
94161 Apr. 18 — In the matter of application of the C.P.R. for approval of location
of facilities for handling and storage of flammable liquids at Rose-
berry, B.C., Mileage 4.3 Kaslo Subd.
94162 Apr. 18 — Approving operation of C.P.R. trains over private siding serving the
City of Winnipeg Hydro Electric System, Winnipeg, Man.
94163 Apr. 18 — Authorizing the C.N.R. to operate over the subway at Mileage 113.46
Vegreville Subd., Alta.
94164 Apr. 18 — Approving operation of C.P.R. trains over the siding to serve the
Firestone Tire and Rubber Company of Canada Limited, Saskatoon,
Sask.
94165 Apr. 21 — Authorizing the C.N.R. to remove the caretaker at Dugald, Man.
94166 Apr. 21 — In the matter of Order No. 93952 granting Licence No. C.T.C. (W.T.)
345 to Canada Steamship Lines Limited (including its wholly owned
subsidiary Northern Navigation Company Limited operated by the
Licensee as its Northern Navigation Division).
94167 Apr. 21 — In the matter of application of Westcoast Transmission Company
Limited for approval of detailed drawing No. RRX-2650, revised to
September 30, 1957, in connection with Order No. 87775.
94168 Apr. 21 — In the matter of application of the Dominion Atlantic Railway
Company for approval of locations of "Stop" signs at the bridges
at Mileages 12.86 and 41.64 Yarmouth Subd., N.S., as shown on Plan
No. 808/1, dated February 24, 1958.
94169 Apr. 21 — Approving location of siding facilities proposed to be erected by the
C.P.R. at Truro, N.S.
94170 Apr. 22 — Authorizing the C.N.R. to remove the caretaker at Leitches Creek,
N.S.
94171 Apr. 22 — In the matter of application of the C.N.R. on behalf of Progas
Limited, for temporary permit to load liquefied petroleum gas from
tank trucks to tank cars at Acheson, Alberta.
94172 Apr. 23 — Permitting the removal of slow order at C.P.R. crossing at Estevan,
Sask.
94173 Apr. 23 — Authorizing the C.N.R. to erect a siding at Bruce, Alta.
94174 Apr. 23 — Authorizing the Northern Alberta Railways Company to operate
over their bridge crossing Burnt River at Mileage 10.8 Grande
Prairie Subd., Alberta.
94175 Apr. 23 — Authorizing the C.N.R. to construct a siding extension at Viking,
Alberta.
94176 Apr. 23 — Authorizing the C.N.R. to construct a siding at Holden, Alberta.
94177 Apr. 23 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
94178 Apr. 23 — In the matter of application of the C.N.R. for an Order approving
Plan No. SD-3777, dated February 26, 1958, showing protection as
now installed at crossing of Highway No. 54 (Blossom Avenue) just
east of Cainsville Station, Ontario, Mileage 72.14 Dunnville Subd.
94179 Apr. 23 — Authorizing the C.P1R. to operate its trains over the bridge at
Mileage 68.8 Chaudiere Subd., P.Q.
94180 Apr. 23 — Authorizing the C.P.R. to operate its trains over the railway bridge
at Mileage 28.4 Chaudiere Subd., P.Q.
94181 Apr. 23 — Authorizing Trans-Canada Pipe Lines Limited to construct a pipe
line across the Groundhog River, in the Twp. of Shackleton, Ontario.
102
94182 Apr. 23 — Authorizing Trans-Canada Pipe Lines Limited to construct a pipe
line across the Severn River, Twp. of Orillia, Ontario.
94183 Apr. 23 — Authorizing the C.N.R. to construct a siding extension at Kinsella,
Alberta.
94184 Apr. 23 — Authorizing the City of Calgary, Alta., to reconstruct the Alyth
Bridge over the C.P.R.
94185 Apr. 23 — Authorizing the Trans-Northern Pipe Line Company to open a
portion of its pipe line in the Twp. of North York, Ont.
94186 Apr. 23 — Authorizing the C.N.R. to operate its trains over the railway bridge
at Mileage 0.6 Minaki Subd., Ontario.
94187 Apr. 23 — Authorizing the Great Northern Railway Company to abandon the
stock yard at False Creek, Vancouver, B.C.
94188 Apr. 23 — Approving plan showing location of a portion of Trans-Canada Pipe
Lines Limited company's pipe line from a point in the District of
Cochrane to a point in the District of Temiskaming, Ont.
94189 Apr. 23 — Authorizing Trans-Canada Pipe Lines Limited to construct its pipe
line across the Magnetawan River, Twp. of Armour, Ont.
94190 Apr. 23 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line across the Magnetawan River, Twp. of Armour,
Ontario.
94191 Apr. 23 — Authorizing Trans-Canada Pipe Lines Limited to construct its pipe
line under the Watabeg River, Twp. of Carr, Ont.
94192 Apr. 23 — Requiring the C.N.R. to install certain protection at the crossing
of the highway at Mileage 111.7 Vegreville, Alta.
94193 Apr. 23 — Authorizing the C.N.R. to make certain changes in the operating
circuits of the highway crossing protection at the crossing of St.
Jacque St., St. John's, P.Q.
94194 Apr. 23 — Authorizing the C.P.R. to remove the caretaker agent and appoint
a caretaker at Champlain, P.Q.
94195 Apr. 23 — Authorizing the C.N.R. to remove the caretaker at Tilney, Sask.
94196 Apr. 23 — Authorizing Consumers' Gas Company to construct a gas main
across the C.N.R. at Highway No. 17, in the Twp. of McNab, Ont.
94197 Apr. 24 — In the matter of application of Northern Alberta Railways Company
on behalf of Imperial Oil Limited, for approval of proposed location
of facilities for handling and storage of flammabe liquids at Faust,
Alta., Mileage 199.0 Slave Lake Subd.
94198 Apr. 24 — Relieving the C.P.R. from erecting cattle guards at the public
crossing at Mileage 26.6 Neptune Subd., Sask.
94199 Apr. 24 — In the matter of application of Mclnnes Products Corp. Limited,
Edmonton, Alta., for a licence under Section 10 of the Transport Act.
94200 Apr. 24 — In the matter of application of the Dept. of Highways for Ontario,
for authority to construct Highway 51 across the right of way of the
C.P.R. oy means of an overhead bridge near Caledon, Ont., Mileage
27.31 Orangeville Subd.
94201 Apr. 24 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
94202 Apr. 24 — In the matter of Order authorizing the C.N.R. to use and operate the
Point Ellice Bridge in the City of Victoria, B.C.
94203 Apr. 24 — Authorizing the Nfld. Department of Highways to construct the
Trans-Canada Highway across the C.N.R. by means of an overhead
bridge at Mileage 154.22 Clarenville Subd., Nfld.
94204 Apr. 24 — Permitting removal of slow order at C.N.R. crossing of Cowie Street,
Granby, P.Q.
94205 Apr. 24 — Authorizing the B.C. Dept. of Highways to construct and maintain a
diversion of a portion of the Trans-Canada Highway between certain
mileages on its Cascade Subd., B.C.
94206 Apr. 25 — Requiring the C.N.R. to install certain protection at the crossing of
Mutual Street, Town of Ingersoll, Ont.
94207 Apr. 25 — In the matter of application of The Express Traffic Assoc. of Canada
for approval of proposed Supplement No. 9 to Express Classification
for Canada No. 9.
103
94208 Apr. 25 — In the matter of application of C.N.R. for authority to reconstruct
the crossing of the highway and the railway formerly owned by the
N.Y. Central Railroad Company in Lots 5 and 6, Con. 6, Rideau Front,
Twp. of Gloucester, Co. of Carleton, Ont.
94209 Apr. 25 — Authorizing the Manitoba Dept. of Public Works to construct the
Metropolitan Winnipeg Bypass across the C.N.R. in the R. Munic. of
Fort Garry, Man.
94210 Apr. 28 — Authorizing the C.N.R. to operate their trains over the subway at
Sixth Street East in the City of Calgary, Alta.
94211 Apr. 28 — In the matter of installation of automatic protection at the crossing
of diverted section of the C.N.R. Cornwall Subd. on County Road
No. 11, Mileage 84.2 diverted Cornwall Subd., Ont.
94212 Apr. 28 — In the matter of application of the C.P.R. for an Order authorizing
the construction of an extension to its south siding at grade across
Herchmer Ave., Broken Front Cone. Twp. of Thurlow, Ont., Mileage
90.70 Belleville Subd.
94213 Apr. 28 — Permitting removal of slow order at C.N.R. crossing of St. Francois
St., Victoriaville, P.Q.
94214 Apr. 28 — Authorizing the C.P.R. to operate over the pipes and fill at Mileage
2.3 Taber Subd., Alta.
94215 Apr. 28 — In the matter of installation of automatic protection at the crossing
of diverted section of the C.N.R. Cornwall Subd., and Nine Mile
Road at Mileage 70.6, Ont.
94216 Apr. 28 — In the matter of application of C.N.R. for authority to install two
flashing light signals, two short arm gates and one bell at crossing of
diverted section of Cornwall Subd. and County Road No. 12,
Mileage 77.5 diverted Cornwall Subd.
94217 Apr. 28 — In the matter of application of The Bell Telephone Company of
Canada for approval of revised Appendix "A" to Traffic Agreement
dated Dec. 31, 1951, between it and La Telephone Somerset.
94218 Apr. 28 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.P.R. under Section 8.
94219 Apr. 29 — Authorizing the C.P.R. to replace the east abutment of the bridge at
Beauceville, P.Q.
94220 Apr. 29 — In the matter of application of The Bell Telephone Company of
Canada for approval of revised Appendix to Traffic Agreement
between it and The Madawaska Valley Telephone Company Limited
(Bancroft District).
94221 Apr. 29 — In the matter of application of the C.P.R. on behalf of Imperial Oil
Limited, for approval of proposed location of additional facilities for
storage of flammable liquids at Bredenbury, Sask.
94222 Apr. 29 — Permitting the removal of slow order at C.P.R. crossing East of
station at Taylor, Alta.
94223 Apr. 29 — Requiring the Chesapeake & Ohio Rly. Co. to install certain circuits
at crossing of Erie Street, Leamington, Ontario.
94224 Apr. 29 — Authorizing the C.N.R. to remove the caretaker at Tracadie Station,
N.S.
94225 Apr. 29— Approving Supplements to Traffic Agreement filed by The Bell
Telephone Co. between it and the Thamesville Telephone Company
Limited.
94226 Apr. 29 — In the matter of application of the C.P.R. for leave to operate its
Princess Street spur in the City of Winnipeg, Man.
94227 Apr. 29 — Authorizing the C.N.R. to remove the caretaker at Lapointe, P.Q.
94228 Apr. 29 — Authorizing the C.N.R. and C.P.R. to operate their trains through
the interlocking plant at Brampton, Ontario.
94229 Apr. 29 — In the matter of the application of the C.N.R. for an order rescinding
Orders Nos. 66445 and 75505, restricting the speed of trains over the
crossing of its railway and 33rd St. West, Saskatoon, Sask., Mileage 1
Saskatoon Subd., and authorizing them to increase the speed of
trains over the said crossing.
94230 Apr. 30 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.P.R. under Section 3.
104
94231 Apr. 30 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 45.66 Peterborough Subd., Ontario.
94232 Apr. 30 — Authorizing the Parish of Ste. Genevieve, P.Q., to construct the
highway across the C.N.R. at Mileage 3.52 Montfort Subd.
94233 Apr. 30 — In the matter of application of the C.N.R. on behalf of Imperial Oil
Limited, for approval of proposed location of facilities for the
handling and storage of flammable liquids at Elia, Ontario, Mileage
11.95 Newmarket Subd.
94234 Apr. 30 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the Dominion Atlantic Rly. Company under Section 8.
94235 Apr. 30 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the Dominion Atlantic Railway Company under
Section 8.
94236 Apr. 30 — Authorizing the B.C. Dept. of Highways to construct the Trans-
Canada Highway across the C.P.R. by means of an overhead bridge
at Mileage 14.7 Cascade Subd.
94237 Apr. 30 — Permitting the removal of slow order at C.N.R. crossing of
Beaugrand Ave., Montreal, P.Q.
94238 Apr. 30 — Permitting the removal of slow order at C.P.R. crossing west of
station at Elmstead, Ontario.
94239 Apr. 30 — Permitting the removal of slow order at C.N.R. crossing of Main
Street, Lansdowne, Ontario.
94240 Apr. 30 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line across and under the Holland River Drain,
Township of King, Ontario.
94241 Apr. 30 — Permitting the removal of slow order at C.P.R. crossing of Tremblay
Road, Ottawa, Ontario.
94242 Apr. 30 — In the matter of application of The British American Oil Company
Limited, for a temporary permit to unload Class I and Class II
petroleum products from tank cars to tank wagons from its siding
at Campbellton, N.B.
94243 Apr. 30 — In the matter of filing of tariffs by the British Columbia Telephone
Company.
94244 Apr. 30 — In the matter of application of the C.P.R. on behalf of British
American Oil Company Limited for approval of the proposed location
of additional facilities for the handling and storage of flammable
liquids at Trail, B.C.
Authorizing the Montreal-Laurentian Autoroute Board to construct
its dual highway across the C.N.R. by means of an overhead bridge
at Mileage 32.194 Montfort Subd., P.Q.
94246 May 1 — Approving Agreement between The Bell Telephone Company of
Canada and Canadian Overseas Telecommunications Corporation.
94247 May 1 — Authorizing the Montreal-Laurentian Autoroute Board to construct
its dual highway across the C.N.R. at St. Jerome, P.Q.
94248 May 1 — In the matter of the application of the C.N.R. on behalf of Canadian
Oil Companies Limited, for approval of proposed location of facilities
for the handling and storage of flammable liquids at Chicoutimi,
P.Q. Jonquiere Subd.
In the matter of application of the C.N.R. for approval of Plan
SD-3236-C, showing the protection as installed at the crossing of
their railway and Highway No. 2 at Mileage 72.3 Dunnville Subd.,
Twp. of Brantford, Ontario, in lieu of Plan SD-3236-A.
94250 May 1 — In the matter of the temporary road across the C.N.R. at Port aux
Basques, Nfld., at Mileage 547.22 Port aux Basques Subd.
94251 May 1 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
94252 May 1 — In the matter of application of the Yellowknife Transportation
Company for a licence under section 10 of the Transport Act.
94253 May 1 — Requiring the C.P.R. to install certain protection at the crossing
of Keewatin Street, Winnipeg, Manitoba.
94254 May 1 — In the matter of application of the Township of Trafalgar, Ontario,
for installation of automatic protection at the crossing of the C.N.R.
and Third Line, Mileage 24.42 Oakville Subd.
94245 Apr. 30—
94249 May 1—
105
94255 May 1 — In the matter of application of the C.N.R. on behalf of Canadian
Petrofina Limited for approval of proposed location of facilities
for the handling and storage of flammable liquids at St. Basile, N.B.,
Milage 108.80 Grand Falls Subd.
94256 May 1 — In the matter of application of the C.P.R. on behalf of The British
American Oil Company Limited for approval of the proposed location
of additional facilities for the handling and storage of flammable
liquids at Schreiber, Ontario, Mileage 117.89 Nipigon Subd.
94257 May 2 — In the matter of application of the C.N.R. for approval of plan
showing protection as shown at the crossing of their railway and
Trans-Canada Highway, Yale Road, B.C.
94258 May 2 — Authorizing the C.N.R. to operate their trains over the bridge across
Ptarmigan Creek, B.C., Mileage 46.8 Fraser Subd.
94259 May 2 — Authorizing the C.N.R. to operate its trains over the timber bridge
crossing Snowshoe Creek, B.C., Mileage 38.7 Fraser Subd.
94260 May 2 — Authorizing the Trans-Canada Pipe Lines Limited to construct its
company pipe line across the North Muskoka River, Ont.
94261 May 2 — Authorizing the C.N.R. to use the bridge over Catfish Creek, Mileage
40.7 Fraser Subd., B.C.
94262 May 2 — In the matter of application of the C.N.R. on behalf of Imperial Oil
Limited, for approval of location of facilities for handling and
storage of flammable liquids at Edenwold, Sask., Mileage 72.3
Qu'Appelle Subd.
94263 May 2 — Authorizing the C.N.R. to use the bridge over Eagle Creek at Mileage
125.2 Fraser Subd., B.C.
94264 May 2 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipe line across Kahshe River, Township of Morrison, Ontario.
94265 May 2 — Dismissing application of the C.P.R. for authority to remove the
agent and appoint a caretaker at Bobcaygeon, Ont.
94266 May 2 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipe line under the Big East River, Township of Chaffey,
Ontario.
94267 May 2 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line across Lake Vernon, Township of Chaffey,
Ontario.
94268 May 2 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to construct Provincial Highway No. 13 across the C.P.R. at Mileage
18.70 Assiniboia Subd.
94269 May 2 — In the matter of the application of the Dominion Atlantic Railway
Company for approval of location and layout of station facilities
proposed to be erected at Truro, N.S.
94270 May 2 — Authorizing the C.N.R. to make alterations in the Mount Royal
Tunnel, Montreal, P.Q.
94271 May 2 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line across Gull Lake, Township of Muskoka, Ontario.
94272 May 5 — Authorizing the C.P.R. to divert its Peterborough Subdivision where
it crosses Oshawa Suburban Road No. 2 at Mileage 61.03, Ontario.
94273 May 5— In the matter of Order No. 93952, granting Licence No. C.T.C. (M.T.)
345 to Canada Steamship Lines Limited, (including its wholly
owned subsidiary Northern Navigation Company Limited, operated
by the Licensee as its Northern Navigation Division).
94274 May 5 — Approving operation of C.P.R. trains over private siding serving
Western Canadian Seed Processors Limited, Lethbridge, Alberta.
94275 May 5 — Authorizing the Township of Otonabee, Ontario, to improve the
grades at the C.P.R. crossing of the Highway near Indian River,
Ontario.
94276 May 5 — Authorizing the B.C. Department of Highways to construct a subway
to carry the Highway under the C.P.R. at Creston, B.C.
94277 May 5 — Authorizing the Consumers' Gas Company of Toronto to construct
a gas main under the pipeline of Trans-Canada Pipe Lines Limited
in the Township of Markham, Ontario.
94278 May 5 — Authorizing the C.N.R. to construct a railway bridge over a private
highway near Atikokan, Ontario.
106
94279 May 5 — Authorizing the C.N.R. to remove the caretaker at Naco, Alberta.
94280 May 5 — Authorizing the C.N.R. to remove the caretaker at Ridpath,
Saskatchewan.
94281 May 5— Approving operation of C.P.R. trains over private siding serving
Grinnell Company of Canada Limited, Township of Etobicoke,
Ontario.
94282 May 5 — Authorizing the Saskatchewan Power Corporation to construct a gas
main under the company line of Trans-Canada Pipe Lines Limited
in Sec. 36, Twp. 16, Rge. 20, W2M Saskatchewan.
94283 May 5 — In the matter of the application of the Quebec Central Rly. Co., and
its Lessee the Canadian Pacific Railway Company for authority to
operate over the bridge at mileage 68.8, Chaudiere Subd., Quebec.
94284 May 5 — Approving deviation of C.N.R. L'Assomption Subd., between Mileage
43.66 and 46.1, near Ballantyne, Quebec.
94285 May 5 — In the matter of the application of C.N.R. on behalf of Shell Oil Co.
of Canada Ltd., for approval of location of facilities for the handling
and storage of flammable liquids at Sudbury, Ont., mile 1.41, Sudbury
Terminals Subd.
94286 May 5 — Approving certain changes to the interlocker at the station at
Calgary, Alberta.
94287 May 5 — Authorizing the Town of Victoriaville, Quebec to re-align Notre
Dame Street where it crosses the C.N.R. in the Town of Victoriaville,
Quebec.
94288 May 6 — Authorizing the C.N.R. to remove the caretaker at Gore, Quebec.
94289 May 6 — Approving operation of C.N.R. trains over private siding serving
American Standard Products (Canada Ltd.), Toronto, Ontario.
94290 May 6— In the matter of application of the C.P.R. as lessee exercising the
franchises of the Q.C.R. under sec. 254 of the Railway Act for
authority to replace the east abutment of the bridge at Beauceville,
Quebec, mileage 16.8 Chaudiere Subd.
94291 May 6 — Approving under the Maritime Freight Rates Act, tolls published in
certain tariffs filed by the C.N.R. under Section 3.
94292 May 6— In the matter of filing of tariffs by The Bell Telephone Company of
Canada.
94293 May 6 — Approving plans showing subway now under construction at the
intersection of C.N.R. main line and Greenwood Avenue, Toronto,
Ontario.
94294 May 6 — In the matter of the application of C.P.R. as lessee exercising the
franchises of the Atlantic and North West Rly. Co., hereinafter
called the Applicant under sec. 203 and other relevant sections of
the Railway Act for authority to take without the consent of the
owner the lands and premises described.
94295 May 6 — Authoiizing the Gagnon & Freres de Roberval Ltee., to construct a
suspended pipe across the C.N.R. at Roberval, Quebec.
94296 May 6 — Approving clearances on C.N.R. private siding serving Electric
Reduction Company of Canada Ltd. at North Vancouver, B.C.
94297 May 6 — Authorizing the C.P.R. to install automatic protection (block signals)
between certain mileages on its Carberry Subd., Manitoba.
94298 May 7 — Approving plan showing deviation of Lake Erie and Detroit River
Rly. Co. line in the corporate limits of the Town of Wallaceburg,
Ontario.
94299 May 7 — Authorizing the C.P.R. and the St. Lawrence Seaway Authority to
make deviations in the C.P.R. trackage and facilities between certain
mileages on the Adirondack Subd., Quebec.
94300 May 7 — Approving Appendix to Traffic Agreement by The Bell Telephone
Company of Canada Limited and La Compagnie de Telephone de St.
Hubert de Spaulding.
94301 May 7 — Permitting the removal of slow order at C.N.R. crossing of Aird
Avenue, Montreal, Quebec.
94302 May 7 — Permitting the removal of slow order at Metropolitan Boulevard,
Montreal West, Quebec.
107
94303 May 7— In the matter of the application of the Town of Victoriaville, Quebec,
for an Order authorizing the construction of a viaduct between
Gamache and Carignan Boulevards with a view to eliminating the
Octave Street level crossing.
94304 May 7 — Authorizing the B.C. Department of Highways to construct a high-
way across the C.N.R. by means of an overhead bridge at mileage
96.97, Nechako Subd., B.C.
94305 May 7 — Authorizing the Quebec Department of Highways to construct
Highway No. 38 across the C.N.R. by means of a subway in the
Parish of Ste. Dorothee, Quebec.
94306 May 8 — In the matter of application of Mid-Continent Pipelines Limited to
construct a pipe line for transportation of oil from Edmonton,
Alberta to Northgate, Saskatchewan.
94307 May 8 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 8 where it crosses the C.N.R. at mileage 7.0,
Lampman Subd., Saskatchewan.
94308 May 8 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 13 across the C.N.R. at mileage 14.80, Avonlea
Subd.
94309 May 8 — Authorizing the C.P.R. to construct a siding across Norwell Drive
near Northfield, B.C.
94310 May 8 — Requiring the C.N.R. to install certain protection at the crossing of
Chambord Road at Lac Bouchette, Quebec.
94311 May 8— In the matter of the application of C.N.R. on behalf of Imperial Oil
Ltd., for approval of additional facilities for the handling and storage
of Class I flammable liquids at Prince Rupert, B.C. mile 0.76 Seal
Cove Branch.
94312 May 8 — Requiring the C.N.R. to install certain protection at the crossing of
the Highway just west of the station at Norval, Ontario.
94313 May 8 — In the matter of the accident on Nov. 30/56 at the crossing of
Provincial Highway No. 7 and the C.P.R. being the first public
crossing west of station at Agassiz, B.C. mile 58.9, Cascade Subd.
94314 May 9— In the matter of Order No. 90928, dated Feb. 12/57 authorizing the
City of Lethbridge, Alta. to reconstruct and improve the overhead
bridge at the crossing of 9th Street South and the C.P.R., Lethbridge,
Alberta.
94315 May 9 — In the matter of the application of the City of St. Jean, Que., for
authority to widen the crossing of Boulevard du Seminaire and the
industrial spur of the C.N.R. at St. Jean, Que., Rouse's Point Subd.
94316 May 9 — Approving clearances at fertilizer plant of Canada Packers Ltd.,
Toronto, Ont., mile 5.65, Gait Subd., C.N.R.
94317 May 9 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on its Shaunavon Subd., Saskatchewan.
94318 May 9 — In the matter of application of the C.P.R. for approval of Plan
No. X-4-127-2, dated March 26, 1958 showing the protection as now
installed at the crossing of its railway and highway, being first
crossing west of station at Parham, Ont., mile 42.8, Belleville Subd.,
in lieu of Plan No. X-4-127-2, dated Sept. 30/57 which was
approved under O. No. 92272, Aug. 14/57.
94319 May 9 — Authorizing the C.P.R. to operate under the overhead bridge at mile
25.59 Boundary Subd., B.C.
94320 May 9 — Requiring the C.N.R. to install certain protection at the crossing
of the Highway at La Durantaye, Quebec.
94321 May 12 — Authorizing the Montreal-Laurentian Autoroute Board to carry its
dual highway across the C.P.R. by means of overhead bridges at
mileages 20.73 and 20.77, Lachute Subd., Quebec.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
QTfjc PoartJ of
Crangport Commissioners; for Canada
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, JUNE 15. 1958 No. 6
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Canadian Pacific Railway Company on behalf
of Dominion Atlantic Railway under Section 168 and all other relevant
sections of the Railway Act to abandon the operation of the Weston Sub-
division, namely from Centreville, N.S. to Weston, N.S.
File No. 39309.30
Before:
C. D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Heard at:
Kentville, N.S., on March 28th, 1958.
Appearances:
K. D. M. Spence, Q.C., for Canadian Pacific Railway on behalf of
Dominion Atlantic Railway.
Eric B. Kinsman, for the Municipality of the County of Kings.
D. J. Waterbury, for Northville Fruit Co. Ltd., Lakeville Fruit Co.
Ltd., Minas Basin Pulp and Power Co., United Woodville Ltd.,
Grafton Fruit Ltd., Donald Sawler, E. D. MacLean.
JUDGMENT
Chase, Commissioner:
This is an application made by the Canadian Pacific Railway Company
(lessee) on behalf of the Dominion Atlantic Railway (lessor) for leave to
abandon the operation of its Weston Subdivision which extends from Centre-
ville to Weston, N.S., a distance of 14£ miles. The hearing was conducted in
Kentville, N.S., on March 28th, 1958. Shortly after the application was filed
and in line with its usual practice, the Board directed one of its Engineers, in
company with one of its Operating Inspectors, to make a thorough survey of the
Subdivision in question and to make a complete report with respect thereto.
109
57505-0—1
110
The report was received under date of December 11th, 1957, from which,
inter alia, the following appears.
The line is parallel to the main line of the Dominion Atlantic Railway
(hereinafter sometimes referred to as the "Railway"), at distances varying
between 2.5 and 4 miles. The track is maintained as a minor branch line,
satisfactory for the speed of trains and the amount of traffic being handled.
The width of the right-of-way varies but in most places it is 100 feet. It is
covered with bushes and trees to within 6 feet of the rail, fences are in poor
condition and in many places they are completely broken down.
There is no scheduled train service on the line and a train is only run when
there are three or more carloads on hand at Kentville.
The area served is agricultural, with apple growing the major industry,
There are also other products such as seed potatoes and vegetables grown to
supply the canning industry. There is a considerable poultry industry the
products being marketed in the Maritimes and Central Canada.
A check of the waybills of carloads handled in and out of the stations on
the line showed them to be somewhat different from those supplied by the
Railway. A comparative statement of carload totals shows the following:
Inward Outward
Year Ry. Check Ry. Check
1954 160 172 33 34
1955 178 187 78 90
1956 120 129 63 62
Total 458 488 174 186
A further statement showing carloads handled for the year 1957 up to
October 31st indicates there were 153 carloads in and 15 carloads out.
Interviews were, had with approximately all the business people and
industries located along the line, from which it appears that if the application
were granted various shippers and consignees would face additional costs or
losses estimated to be somewhat in excess of $10,000 per annum.
The Manager of one Company which would be affected by the proposed
abandonment expressed the view that if a scheduled service could be instituted
by the Railway it would undoubtedly result in an improvement in the traffic
situation. He stated that he realized the volume of traffic was light and they
could probably not hope for better than a train a week, but if the train were
dispatched on a regular day, rather than the present haphazard method, it
would enable business men to order carload shipments to coincide with the
schedule. He considered that this would in turn result in a saving to the
Railway, in that they could quite possibly reduce the number of trains operated,
and if a regular schedule were adopted there might be more carloads available
and thus reduce the number of trips. This view will be referred to later on
in this judgment.
In support of its application and during the hearing, the Railway submitted
a number of statements and exhibits showing carloads handled, revenues,
expenses, losses, and an estimate as to what would have to be spent in the
ensuing years by way of maintenance if the line were to continue in operation.
Summarized in brief, Exhibit 10, entitled "Economics of Complete
Abandonment", shows the financial improvement, if abandonment had been
permitted prior to 1954, as follows:
1954 1955 1956
$7,837 $3,359 $7,277
Ill
Exhibit 11, entitled, "Salvage Value of Material to be Released", shows an
amount of $79,765. Exhibit 12, entitled "Statement Showing Estimated Annual
Expense over a 5-Year Period to Rehabilitate the Weston Subdivision to Normal
Maintenance Standards", shows an amount of $79,000; or an average per annum
of approximately $15,800.
In evidence, it was stated that throughout the years 1954-1957, inclusive,
the Dominion Atlantic Railway as an entity did not earn sufficient revenue to
meet expenses. In 1954 the loss was $322,534; in 1955, $273,656; in 1956,
$226,445; and while exact figures were not obtainable for 1957, the loss was
roughly $181,000.
No evidence was submitted, however, which would indicate in any manner
the feeder line value of the Dominion Atlantic Railway to the lessee, namely,
the Canadian Pacific Railway Company.
The evidence showed that the Weston Subdivision is 14£ miles in length
and runs in a westerly direction roughly parallel to the main line of the
Dominion Atlantic Railway. There is an adequate network of gravel and hard
surface highways giving access to the main line to inhabitants of the area.
Much of the apple traffic which might otherwise originate on the Weston
Subdivision is now trucked to a new apple packing plant located on the main
line at Coldbrook.
Based on the above, it was the submission of the Applicant that the line
had outlived its usefulness and should be abandoned.
The Application was opposed by Counsel representing the Municipality of
the County of Kings, the Northville Fruit Company, Limited, Lakeville Fruit
Company, Limited, Minas Basin Pulp and Power Company, E. D. MacLean,
United Woodville, Limited, Grafton Fruit Company, Limited, and Donald
Sawler.
It is not necessary to deal at any length with the evidence and argument
submitted in opposition to the application.
Briefly, it appears that for a number of years after the line was built, a
considerable number of apples were shipped out, mostly for the overseas
trade, followed by a period when production and shipment of apples declined
considerably and to a certain extent the overseas market was practically lost.
In recent years a number of orchards have been cut down, others have
been grafted and new orchards planted, and a very determined effort is being
made to obtain the overseas market.
It is believed that, if given an opportunity, the line might again be
profitable.
If abandonment is approved, considerable inconvenience will be experi-
enced by the business firms situated in the territory together with, in some
instances losses, and in others increased expenses. In addition, a further view
was expressed to the effect that, if necessary, an effort should be made to secure
some form of subsidy in order to keep the line in operation. From what was
said to us, I am of the opinion that, if given a chance, the parties affected will
put forth a good endeavour to increase the traffic on the railway. At this point
I would refer to the operation, namely, the running of a train when there are
three or more cars available at Kentville, and would suggest that the parties
concerned get together and survey the possibilities of running a train on a
regular day — this with the thought of improving the service on the one hand
and perhaps reducing the expenses on the other hand.
57505-0—2
112
CONCLUSIONS
As we have stated in previous cases, the Railway Act lays down no
princip'es upon which the Board should act in granting or withholding approval
in applications for abandonment of railway lines. The issue in each case where
abandonment is sought resolves itself into a question of whether the loss and
inconvenience to the public consequent upon the abandonment outweigh the
burden that continued operation of the railway line involves when imposed
upon the Railway.
In my opinion the Applicant has not made out a sufficiently convincing
case for abandonment of operation of the line in the immediate future, and
therefore I would not allow abandonment at this time. There is a possibility
*,hat the traffic and revenue position of the line may improve in 1958 and I
think that it would be premature to allow it to be abandoned now. The
remaining months of this year should show whether the hoped-for upswing in
traffic on the line will be realized and the extent to which it will be patronized
by the people in the communities served. I also consider that the Board should
stay seized of the application and review it after the results for 1958 become
known to the Board, and for the purposes of such review the Applicant should
furnish to the Board full information in respect of 1958 revenues and expenses
in the operation of the subdivision, and also of the Dominion Atlantic Railway
as a whole and the latter's feeder value to Canadian Pacific Railway Company.
In the circumstances a formal order is not necessary.
H. B. CHASE.
I concur:
C. D. SHEPARD
Ottawa, April 29, 1958.
113
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
APRIL, 1958
Railway Accidents 194 Killed 13 Injured 205
Level Crossing Accidents . . 29 Killed 15 Injured 38
Total 223 28 243
Killed Injured
Passengers
Employees
Others . . .
28 243
— 39
3 154
25 50
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Quebec
Killed Injured
— 1 Pedestrian struck by train.
— 2 Automobile struck by train. License: Que. 83-267.
— 1 Auto truck ran into side of train. License: Que. L-14405.
— 1 Automobile struck by train. License Que. 289-278.
— 2 Auto truck struck by train. License: Que. FP-5683.
— 1 Auto truck struck by train. License: Que. N-40970.
— 1 Auto truck struck by train. License: Que. FA-8831.
— 1 Automobile struck by train. License: Que. 50739.
11 — Automobile struck by R.D.C. unit. License: Que. X-2758.
Ontario
1 — Pedestrian struck by train.
— 1 Auto truck struck by train. License: Ont. 60775-C.
— 4 Automobile struck by train. License: Ont. 43547-X.
1 2 Tractor trailer ran into side of train License not given
— 1 Auto truck struck by train. License: Ont. 79-933-A.
— 2 Track motor car struck by automobile. License: Ont. F-37116.
— 1 Automobile struck by train. License: Ont. B-20892.
— 1 Automobile ran into side of train. License: Ont. E-29772.
1 — Automobile struck by train. License: Ont. 695-592.
— 2 Automobile struck by train. License: Ont. H-3406.
— 1 Automobile ran into side of train. License not given.
— 1 Auto truck struck by train. License: Ont. 66-241-B.
1 — Automobile struck by train. License: Ont. 86-336-A.
Saskatchewan
— 1 Auto truck ran into side of train. License: Sask. 10-216.
— 5 Automobile struck by train. License: Sask. 68-558.
114
Killed Injured Alberta
— 1 Automobile struck by train. License: Alta. 217-105.
— 1 Automobile struck by train. License: Alta. YX-746.
— 2 Automobile struck by train. License: Alta. NR-74.
British
1 Automobile struck by train.
1 Automobile ran into side of
Columbia
License: BC 332-342.
train. License: BC 241-349.
Of the 29 accidents at highway crossings, 22 occurred at unprotected crossings,
7 at protected crossings, 15 occurred after sunrise and 14 after sunset.
Ottawa, Ontario, May 30, 1958.
115
SUMMARY OF ORDERS ISSUED BY THE BOARD
94322 May 12 — Permitting the removal of slow order at C.P.R. crossing of Town
Line Road west of Hanover, Ont.
94323 May 12 — Authorizing the C.N.R. to construct a car ferry slip on Okanagan
Lake at Naramata, B.C.
94324 May 12 — Approving appendix to agreement between the Bell Telephone Co.
of Canada and the Minister of Transport for Canada.
94325 May 12 — Approving abandonment of operation of the railway of the Cumber-
land Railway And Coal Co. between Springhill and Parrsboro,
N.S.
94326 May 12 — Authorizing the C.P.R. to replace the caretaker-agent by a care-
taker at West Brome, Que.
94327 May 12 — Authorizing the Sun Oil Co. to construct a pipe line across the
pipeline of Westspur Pipe Line Co. in the Province of Sask.
94328 May 12 — Authorizing the C.P.R. to make signal changes between certain
mileages on its Oshawa Subdivision, Ont.
94329 May 12 — Authorizing the C.P.R. to make signal changes between certain
mileages on its Belleville Subd., Ont.
94330 May 13 — In the matter of application of C.N.R. on behalf of Imperial Oil
Ltd. for approval of proposed location of facilities for the handling
and storage of flammable liquids at Libau, Man., mileage 34.1
Victoria Beach Subd.
94331 May 13— In the matter of application of C.N.R. on behalf of the Lloyd-
minster Development Co. Ltd. for approval of proposed location of
additional facilities for the handling and storage of flammable
liquids at Blackfoot, Alta., mileage 89.68 Blackfoot Subd.
94332 May 13— In the matter of application of C.N.R. on behalf of Shell Oil Co.
of Canada Ltd. for approval of proposed location of additional
facilities for the handling and storage of Class I and Class II
flammable liquids at Granby, Que., mileage 46.58 Granby Subd.
94333 May 13 In the matter of application of C.N.R. on behalf of The British
American Oil Co. Ltd. for approval of the proposed location of
facilities for the handling and storage of flammable liquids at
Chibougamau, Que. near mileage 107.6 Opemisca Subd.
94334 May 13— In the matter of application of The Bell Telephone Co. of Canada,
under section 380 of the Railway Act, for approval of Supplements
Nos. 5 & 6, both dated April 18, 1958, to Traffic Agreement dated
July 4, 1952, between the Applicant Co. and The Corp. of
the Town of Dryden.
94335 May 13 — In the matter of application of The Bell Telephone Co. of Canada,
under section 380 of the revised Appendix "A", dated April 29,
1958, to Traffic Agreement dated December 28, 1951, between the
Applicant Co. and La Compagnie de Telephone de St-Evariste.
94336 May 13 — In the matter of application of Interprovincial Pipe Line Co. for
an Order authorizing it to construct an oil pipe line from LaSalle
Rd. to Sun Oil Company Ltd. property Sarnia, Ont.
94337 May 13 — Authorizing the Sask. Dept. of Highways to widen Highway No. 13
where it crosses the C.P.R. mileage 27.80 Assiniboia Subd. Sask.
94338 May 13 — Authorizing the Sun Oil Co. of Canada to construct a pipe line
under the pipe line of Westspur Pipe Line Co. in the Province of
Sask.
94339 May 13 — Authorizing C.P.R. ,to make changes to the signal system between
certain mileages on its Adirondack Subd., Que.
94340 May 13 — In the matter of application of British Columbia Telephone Co.
for leave to amend its application dated April 2, 1958, in connection
with revision of certain of its message tolls and exchange service
tariffs.
116
94341 May 14 — Permitting the removal of slow order at C.P.R. crossing of highway
at mileage 111.46, Portal Subd. Sask.
94342 May 14 — Permitting the removal of slow order at C.N.R. crossing of high-
way at mileage 7.1, Vankleek Subd. Ont.
94343 May 14 — Authorizing C.P.R. to remove the caretaker-agent and appoint a
caretaker at Pointe du Lac, Que.
94344 May 14 — Permitting the removal of slow order at C.P.R. crossing of Kennedy
Road at Agincourt, Ont.
94345 May 14 — Permitting the removal of slow order at C.N.R. crossing at mileage
2.55 Sudbury Terminal Subd., Ont.
94346 May 14 — Authorizing the British Columbia Electric Co. Ltd. to construct a
gas main on Poirier St. at Haversly St. etc., across the oil line
of Trans Mountain Oil Pipe Line Co., Dist. of Coquitlam, B.C.
94347 May 15 — In the matter of application of Shell Oil Co. of Canada Ltd. for
approval of drawing showing construction of its pipe line across
the company pipe line of Trans-Mountain Oil Pipe Line Co., New
Westminster, B.C.
94348 May 15 — Approving under the Maritime Freight Rates Act tolls published
in certain tariffs filed by the C.N.R. under section 3.
94349 May 15 — Permitting the removal of slow order at C.N.R. crossing of highway
Port Hope, Ont., mileage 36.78 Oshawa Subd.
94350 May 15 — Authorizing Ontario Dept. of Highways to construct Highway No. 71
across the tracks of C.N.R. in the Town of Rainy River, Ont.
94351 May 15 — Authorizing the C.P.R. to operate under the overhead bridge at
mileage 29.30, Shuswap Subd. B.C.
94352 May 15 — Authorizing C.P.R. to remove the agent and appoint a caretaker
at Drinkwater, Sask.
94353 May 15— In the matter of application dated March 25, 1958, of The Bell
Telephone Co. of Canada under section 380 and all other relevant
sections of the Railway Act for an Order approving an alternative
"Appendix B", attached to the application, for use at the option of
parties to Traffic Agreements in lieu of "Appendix B" attached
to the said approved form of Traffic Agreement.
94354 May 15 — Permitting the removal of slow order at C.N.R. crossing and Fire-
proof Co. crossing at mileage 35.76 Oakville Subd., Ont.
94355 May 15 — Permitting the removal of slow order at The Toronto, Hamilton
& Buffalo Railway Co. crossing of Chantler Road at mileage 4.32
Welland Subd., Ont.
94356 May 15 — Permitting the removal of slow order at crossing of C.N.R. at Port
Colborne, Ont., mileage 1.75, Humberstone Subd.
94357 May 15 — Relieving the C.P.R. from erecting railway fencing on the north
side of its right of way between mileage 70.55 and 74.16, Bredenbury
Subd. Man.
94358 May 15 — Permitting the removal of slow order at C.P.R. crossing of Islington
Ave., Toronto, Ont.
94359 May 15 — Authorizing the United Townships of Neelon and Garson to improve
the view at the crossing of Moonlight Bay Rd. and the C.P.R. at
mileage 74.31 Cartier Subd. Ont.
94360 May 15 — Approving Appendix to Traffic Agreement between the Bell Tele-
phone Co., of Canada and La Cie de Telephone de Soulanges Ltee.
94361 May 15 — In the matter of application of Messrs. Hu Harries & Associates
on behalf of Alberta Phoenix Tube & Pipe Limited for elimination
of unjust discrimination and undue preference alleged to exist in
respect of rates on skelp and pipe from eastern points to Edmonton,
Alta. and Vancouver, B.C.
117
94362 May 16— In the matter of Order No. 92393, dated August 27, 1957, authoriz-
ing C.P.R. to install automatic protection at crossing of its railway
and Hauteurs Rd. Que., mileage 15.7, Ste. Agathe Subd.
94363 May 16 — In the matter of installation of automatic protection at the crossing
of the Burrard Inlet track of the Great Northern Railway Co. and
Powell St. in Vancouver, B.C.
94364 May 16 — In the matter of accident on May 12, 1958, at the crossing of the
railway of C.P.R. and 55th Ave., at Summerlea, Que., mileage 3.85,
Winchester Subd.
94365 May 16 — In the matter of application of C.P.R. as lessee of Esquimalt
& Nanaimo Railway, on behalf of Rockgas Propane Ltd., for approval
of location of facilities for the handling and storage of liquefied
petroleum gas, near Northfield, B.C., mileage 76.53, Victoria Subd.
94366 May 16 — In the matter of Order No. 66339 dated August 8, 1945, approving
plan submitted to C.N.R. by McColl-Frontenac Oil Co. Ltd. showing
proposed location of facilities for the handling and storage of flam-
mable liquids at Bloomfield, Ont.
94367 May 16— In the matter of application of C.N.R. under Section 191 of the
Railway Act, for approval of location and details of station proposed
to be erected at Nash Creek, N.B.
94368 May 20— In the matter of application of C.N.R. on behalf of North of
53 Consumer's Co-Operative Ltd. for approval of proposed location
of facilities for the handling and storage of Class I and Class II
flammable liquids at Flin Flon, Man. mileage 85.0 Flin Flon Subd.
943G9 May 20— In the matter of application of C.N.R. on behalf of the Naugatuck
Chemicals for approval of the proposed location of facilities for
handling and storage of styrene and glycol at Elmira, Ont.
94370 May 20— In the matter of application of C.P.R. on behalf of St. Gregor
Co-Operative Assoc. for approval of proposed location of additional
facilities for handling and storage of Class I and Class II flam-
mable liquids at Watson, Sask., mileage 29.2, Melfort Subd.
94371 May 20 — Autheorizing the British Columbia Electric Co. Ltd. to construct an
aerial transmission line across Trans-Mountain Oil Pipe Line Co.
at Upper Prairie Rd. Munic. of Chilliwack, B.C.
94372 May 20 — In the matter of application of Interprovincial Pipe Line Co. dated
April 22, 1958, under section 31 of the Pipe Lines Act, for leave to
carry a second line of pipe across all highways, railways, irrigation
ditches, underground telegraph, telephone or electric power lines
or pipe lines as in the said application enumerated.
94373 May 20 — Authorizing Trans-Northern Pipe Line Co. to relocate a portion
of its company pipe line south of Dundas St., Township of Toronto,
Ont.
94374 May 20 — In the matter of application of C.N.R. on behalf of British American
Oil Co. Ltd. for approval of proposed location of facilities for
storage of flammable liquids at Harbour Grace, Nfld.
94375 May 20 — Permitting removal of slow order at C.P.R. crossing Pilot Butte,
Sask.
94376 May 20 — Approving Traffic Aggreement between The Bell Telephone Co. of
Canada and Telephone St-Germain de Drummond Ltee.
94377 May 20 — Authorizing the District of Surrey, B.C. to construct Ferguson Road
and other roads across the company pipe line of Trans-Mountain Oil
Pipe Line Co., Dist. of New Westminster.
94378 May 20 — Authorizing Township of West Hatley, Quebec, to construct the
highway across the Quebec Central Railway Co. in the Township
of Hatley, Que.
94379 May 21— Permitting the removal of slow order at C.P.R. crossing of Kilborn
Ave., Ottawa.
118
94380 May 21 — In the matter of filing of tariffs by The Bell Telephone Co. of
Canada.
94381 May 21 — Authorizing C.P.R. to operate under the overhead bridge at mileage
0.25 Westminster Branch of the Vancouver and Lulu Island Rail-
way.
94382 May 21 — In the matter of application of C.N.R. for an Order extending
the time within which they are required by Order No. 92944 to
install certain protection at the crossing of County Road No. 19,
north of Frome, Ont.
94383 May 21 — In the matter of dismantling of bulk plant of Shell Oil Co. of
Canada Ltd. at Lindsay, Ont., authorized to be constructed by
Order No. 70079, dated January 14, 1948.
94384 May 21 — In the matter of application of C.N.R. on behalf of British American
Oil Co. Ltd. for approval of proposed location of facilities for
storage of flammable liquids at Canora, Sask.
94385 May 21 — In the matter of application of C.N.R. on behalf of Imperial Oil
Ltd. for approval of proposed location of storage facilities for
flammable liquids at Lumsden, Sask.
94386 May 21 — Authorizing the C.P.R. to remove the caretaker at Coulter, Man.
94387 — May 22 — Authorizing the City of Salaberry de Valleyfield, Que. to construct
a pedestrian crossing across the New York Central Railroad Co.
at Viau St.
94388 May 22 — In the matter of application of C.N.R. on behalf of British American
Oil Co. Ltd. for approval of proposed location of additional facilities
for storage of flammable liquids at Flin Flon, Man.
94389 May 22 — Approving under the Maritime Freight Rates Act tolls published
in certain tariffs filed by the C.N.R. under Section 3.
94390 May 22 — In the matter of application of Ontario Dept. of Highways for
authority to construct Highway No. 5 across the C.P.R. by means
of an overhead bridge.
94391 May 22 — In the matter of application of C.N.R. for approval of plan showing
proposed relocation of their line in a part of the Caribou District,
B.C.
94392 May 22 — In the matter of application of Shawinigan Chemicals Ltd. for
leave to construct a trestle to carry pipe lines over the main line
track and siding of the C.P.R. at mileage 21.77 St. Maurice Valley
Subd., Que.
94393 May 22 — In the matter of application of C.N.R. on behalf of British
Petroleum (Canada) Ltd. for approval of proposed location of
facilities for storage of flammable liquids near Federal, Ont.
94394 May 22 — In the matter of application of C.N.R. on behalf of Country Gas
for approval of proposed location of facilities for storage of liquified
petroleum gas at Charlemagne, Que.
94395 May 22 — In the matter of application of C.P.R. on behalf of Plymouth Oil
Co. and others for permission to load crude oil into tank cars
from trucks at Kirkella, Man.
94396 May 23 — Authorizing the C.N.R. to reconstruct the subway at crossing of
Hutton Side Road and main line of their railway in Township of
London, Ont.
94397 May 23 — Approving under the Maritime Freight Rates Act tolls published in
Supplement to Agreed Charge Tariff filed by the Canadian Freight
Association under Section 3 & 8.
94398 May 23 — Authorizing the British American Oil Co. Ltd. to construct an oil
pipe line across the company pipe line of Trans-Mountain Oil
Pipe Line Co., New Westminster District, B.C.
94399 May 23 — Authorizing the British Columbia Electric Co. Ltd. to construct
a transmission line across Westcoast Transmission Co. Ltd., Chilli-
wack, B.C.
119
94400 May 23 — Authorizing the Municipality of St. Cleophas de Brandon, Que. to
widen De Brandon Road at grade across the C.P.R. at mileage 21.85,
St. Gabriel Subd.
May 23 — Authorizing Interprovincial Pipe Line Co. to construct a pipe line
for transportation of oil in the vicinity of Edmonton, Alta.
May 23 — Authorizing the C.N.R. to operate its trains over the bridge crossing
Woodward's Slough, Munic. of Richmond, Lulu Island, B.C.
May 23 — Requiring the C.N.R. to install certain protection at the crossing
of Peppett St., Town of North Sydney, N.S.
May 23 — Approving under the Maritime Freight Rates Act tolls published
in Supplement to Agreed Charge Tariff filed by the Canadian
Freight Association under Sections 3 & 8.
May 26 — In the matter of application of C.P.R. on behalf of Quick Flame
Gas Ltd. for approval of proposed facilities for storage of liquified
petroleum gas at St. Jerome, Que.
May 26 — In the matter of application of the City of Guelph for authority
to relocate Stevenson St. where it crosses the right of way of the
C.P.R.
May 26 — In the matter of application of C.P.R. on behalf of Imperial Oil
Ltd. for approval of location of facilities for handling of flammable
liquids at Princeton, B.C.
May 26 — Authorizing C.P.R. to operate over the subway crossing Bayview
Extension, Twp. of East York, Ont.
May 26 — Requiring the C.N.R. to install certain protection at the crossing
Barrydowne Rd. mileage 2.55, Sudbury Terminals Subd., Ont.
May 26 — Authorizing the C.P.R. to removal the agent at Stoney Creek,
B.C.
94411 May 26 — Authorizing Alberta Dept. of Highways to relocate the highway
where it crosses the C.N.R. at mileage 0.82 Drumheller North
Branch, Alta.
94412 May 26 — Authorizing the C.N.R. to use the bridge at mileage 95.5 Sangudo
Subd., Alta.
94413 May 26 — Authorizing the C.N.R. to construct the railway across the Govern-
ment road allowance in the Rural Munic. of St. Clements, Man.
94414 May 26 — In the matter of installation of automatic protection at C.P.R.
crossing east of station at St. Martin Junction Que.
94415 May 26 — Permitting removal of slow order at C.N.R. crossing west of Lan-
fine, Alta.
94416 May 26 — In the matter of application of Twp. of Otonabee, Ont. for authority
to improve the sight lines where the Twp. road crosses the C.P.R. at
mileage 21.64, Peterboro Subd.
94417 May 26 — In the matter of clearance of smoke and gases from Connaught
Tunnel, B.C.
94418 May 27 — Approving under the Maritime Freight Rates Act tolls published
in Supplement to Agreed Charge Tariff filed by the Canadian
Freight Association under Sections 3 & 8.
94419 May 27 — Approving under the Maritime Freight Rates Act tolls published
in Supplement to Agreed Charge Tariff filed by the Canadian
Freight Association under Sections 3 & 8.
94420 May 27 — Permitting the removal of slow order at C.N.R. crossing north of
station Delacour, Alta.
94421 May 27 — Authorizing Alberta Dept. of Highways to widen the overhead
bridge near Blackfalds, Alta.
94422 May 27 — Relieving the C.P.R. from erecting cattle guards at certain high-
way crossings on its Shamrock Subd., Sask.
94401
94402
94403
94404
94405
94406
120
94423 May 27 — Authorizing Westcoast Transmission Co. Ltd. to carry its pipe line
across the track of the C.P.R. as shown on revised drawing approved
under Order No. 87775 dated January 9, 1956.
94424 May 27 — In the matter of application of C.N.R. on behalf of the British
American Oil Co. Ltd. for approval of location of facilities for
storage of flammable liquids at Lethbridge, Nfld.
94425 May 27 — In the matter of application of C.N.R. on behalf of The British
American Oil Co. Ltd. for approval of location of facilities for
the handling and storage of flammable liquids at Grandview, Man.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
Cfje Poart) of
afrantfport Commissioners; for Canatm
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, JULY 1, 1958 No. 7
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and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of The Cumberland Railway and Coal Company
to abandon all services of its railway between Springhill, N.S., and
Parrsboro, N.S., and to lift its materials from the right of way.
File Nov 48647
Before: ^ARrV
C. D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Heard at:
Appearances:
Parrsboro, N.S., on March 26th, 1958.
John MacNeil, Q.C., for The Cumberland Railway and Coal
Company.
W. B. Fullerton, for the Town of Parrsboro, N.S.
Representations:
Hon. Stephen Pyke, Minister of Labour and Public Works, Gov-
ernment of Nova Scotia.
Robert C. Coates, M.P., Cumberland County.
A. T. Smith, M.L.A., Cumberland East.
Dr. J. A. Langille, M.L.A., Cumberland West.
G. Graham, Mayor of Parrsboro, N.S.
William Wasson, Warden, C. E. Fletcher, Councillor, and
Thomas Murray, Councillor, Municipality of Cumberland.
Craig S. Dickson, The Maritimes Transportation Commission.
Edward Nicholson and Lawson C. Fowler, The Brotherhood of
Railway Trainmen.
D. E. Matthews, R. D. McDade, C. E. Harrison and Rev. W. R.
Anthony, In person.
121
57857-5—1
122
JUDGMENT
Chase, Commissioner:
The application in this case, signed by Mr. H. C. M. Gordon, Vice-President
and General Manager of the Dominion Coal Company, Limited, dated August
5, 1957, reads as follows:
"C. W. Rump, Esq.,
Secretary,
Board of Transport Commissioners for Canada,
Ottawa, Ont.
Dear Sir:
For the past five years the coal mining industry in Nova Scotia has been
passing through a most difficult period. The operations of the Cumberland Rail-
way and Coal Company at Springhill have suffered losses with the other coal
mining operations. In recent months, however, these losses have been
particularly severe, so severe, indeed, that unless an immediate improvement is
made it is questionable if operations can be continued.
The Company has been operating a railway between Springhill Junction
on the Canadian National Railways and Parrsboro for many years. Originally,
the railway was laid to Parrsboro in order to ship Springhill coal from that
point to Bay of Fundy ports and the New England States. At one time these
were the main outlets for Springhill coal. Market conditions have now com-
pletely changed and for a good many years no coal at all has been shipped from
Parrsboro. The coal markets are now mainly served by shipments over the
Canadian National Railways from Springhill Junction.
During recent years general freight and passenger service has fallen off
to such an extent that the cost of operating the railway from Springhill to
Parrsboro has been very much more than the revenue obtained from that part
of the line. Today, that part of Nova Scotia previously served by the railway
to Parrsboro is almost entirely served by trucks, in part hauling to and from
Springhill Junction and in part hauling to and from Amherst. The number of
passengers carried by that part of the railway has fallen to only 30 during the
first six months of 1957 and mails have not been carried at all since. 1953.
The loss incurred by that part of the railway between Springhill and Parrsboro
for the first six months of 1957 amounted to $53,213.62.
The Company cannot support such a loss and it is the Company's desire
to abandon that part of the railway between SpringhiH and Parrsboro but to
maintain that part of its line from Springhill to Springhill Junction and to
continue a general service on that part of its line.
I am attaching hereto a statement showing the tonnage hauled, the number
of passengers carried, the earnings arid the cost of operating that part of the
railway between Springhill and Parrsboro from 1950 to June 30th, 1957. From
that statement you will note that there has been a consistent Loss in each of
these years but with the loss heavily increased in .1957.
The Cumberland Railway and Coal Company, therefore, makes formal
application to the Board of Transport Commissioners for Canada for permission
to abandon all services of its railway between Springhill and Parrsboro and
to lift its materials from the right-of-way.
The Company would appreciate it greatly if the Board would give its
permission for such action at an early date so that the steady drain on the
Company's resources may be cut off as quickly as possible.
Very truly yours,
(Sgd.) H. C. M. GORDON,
Vice-President and General Manager."
123
This application was heard in Parrsboro, N.S. on March 26, 1958, but prior
to that time the Board instructed one of its Engineer Inspectors and one of its
Operating Inspectors to make a thorough survey of the line, interview parties
interested or affected by the proposed abandonment and report to the Board.
The report was received under date of November 20, 1957, and from the
information submitted in the application quoted above, the report of the
Board's Inspectors and evidence submitted at the hearing, the situation might
be described as follows:
The Cumberland Railway and Coal Company is owned by the Dominion
Steel and Coal Corporation, Limited (hereinafter sometimes referred to as the
"Company"), and its line runs from Springhill Junction (the connecting point
with the main line of the Canadian National Railways) to Parrsboro, N.S.,
a distance of 31.30 miles. The application is for the abandonment of the line
as between Springhill and Parrsboro, N.S., a distance of approximately 27 miles.
The track is maintained in a manner equivalent to Canadian National
Railways Class E (their lowest classification) but is in good condition, con-
sidering the speed and the amount of traffic handled. The speed of the trains
is limited to 15 miles per hour. Carload freight traffic at Parrsboro for the
years 1954, 1955, 1956 and for the first six months of 1957 was as follows:
In Out Total
1954 185 75 260
1955 166 67 233
1956 59 59 118
1957 (First 6 Months) 32 10 42
The Railway closely parallels Highway No. 2 throughout the distance
between East Southampton (mileage 12.49) and Parrsboro (mileage 30.37).
Distances of various stations from the highway range from one-half to three-
quarters of a mile, with the exception of East Southampton where the station
is adjacent to the highway. The area along the railway line is very slightly
populated, with inhabitants engaged in mixed farming and lumbering industries.
Highway No. 2 between Springhill Junction and Parrsboro is the main
trunk highway between the New Brunswick border and Halifax. It is surfaced
with bituminous paving material, is in good condition and is an all-weather
road kept open in the winter by the Nova Scotia Department of Highways.
Highway No. 9 between Parrsboro and Advocate is paved through a
distance of approximately 12 miles out of a total of 28.7. The remainder is
gravel surfaced and in good condition. This road is also kept open in winter
by the Nova Scotia Department of Highways.
Parrsboro and other communities on the railway line to Springhill are
served by buses operated on Highway No. 2 by Acadian Lines Limited, making
two trips per day in each direction.
In addition to the Acadian Lines Limited there is a service operated daily
except Sunday by Mr. A. Morris of Advocate, who uses a seven passenger
station wagon. This station wagon leaves Advocate at about 7:00 a.m., pro-
ceeds to Parrsboro where it operates as a school bus for approximately one
hour, and then leaves Parrsboro; arriving at the Acadian Lines Limited bus
terminal at Amherst between 10:00 and 10:30 a.m.
This station wagon bus leaves Amherst bus terminal at 2:00 p.m. en route
Advocate. It leaves Parrsboro sometime after 4:00 p.m., arriving Advocate at
about 5: 30 p.m.
57857-5—2
124
By virtue of its location on Provincial Highway No. 2, Parrsboro is served
by a number of large trucking firms engaged in trucking between Halifax
and points in New Brunswick and elsewhere. A depot of Eastern Transport
is situated in Springhill where a local cartage agent distributes to Parrsboro
and other points throughout the area. There are, in Parrsboro, a number of
independently owned trucks engaged in cartage throughout the region.
Exhibit No. 2 filed by the Company under the heading, "Statement Showing
Tonnage Hauled, Number of Passengers, Earnings and Cost of Operating Line,
before Depreciation, between Springhill and Parrsboro, for Undernoted Years",
shows the losses to be as follows:
1950 $56,041.11
1951 ' 37,656.60
1952 53,614.64
1953 66,584.20
1954 68,540.96
1955 66,126.47
1956 68,131.64
1957 87,335.10
The above figures, when added together, show that for the 8-year period
the losses in the operation of the Railway were in excess of $504,000.
Consideration must also be given to the cost of deferred maintenance if
the railway line were to be kept in operation, and at page 2939 of the transcript,
in reply to a question, Mr. Robert Howard, President of the Railway, gave the
following answer:
"If this road was to continue it would have to be re-tied with hard
wood creosote or some treated tie, ballast, and bridged, Wolfe's bridge
down here at Parrsboro. We figure an absolute minimum would be
$150,000." '
During the hearing some doubt was cast on the figures submitted by the
Railway indicating the losses incurred in the operation of the line as between
Springhill and Parrsboro and we therefore requested the Company to furnish
us with figures showing the operation of the entire line from Springhill Junction
to Parrsboro for the eight years 1950-1957, inclusive. Our request was
complied with and under date of April 3, 1958, the Company sent to the Board
a statement entitled, "The Cumberland Railwajf and Coal Company: Statement
Showing Tonnage Hauled, Number of Passengers, Total Earnings and Cost
of Railway Operations, before Depreciation, for Undernoted Years. This state-
ment shows the losses as follows:
1950 $ 67,452.04
1951 21,949.27
1952 63,438.65
1953 57,099.66
1954 62,603.12
1955 64,110.49
1956 110,250.48
1957 177,026.90
Or a total loss for the 8-year period of almost $624,000; and it should be
noted particularly that for the years 1956 and 1957 the losses were in excess
of $287,000.
125
THE OPPOSITION
The application was most strenuously opposed by briefs submitted to the
Board prior to the hearing, during the hearing, and by statements made during
the hearing.
The position taken by those opposing the application can be very briefly
stated: Years ago a ferry was in operation across the Minas Basin as between
Kingsport, Parrsboro and Wolfville. There is an agitation for the re-
establishment of a ferry and it is felt that if the application were approved
and the railway line abandoned it would ruin any chances there may be for
the establishment of a ferry. The abandonment of the railway and services
would be detrimental to the economic welfare of the Town of Parrsboro and
surrounding area. The service to the travelling public on the railway is of a
very inferior quality in that accommodations for passengers are extremely
out-dated and out-moded. The Railway has raised rates and charges to such an
extent as to prevent themselves from carrying on a profitab'e business. The
Railway has not encouraged passenger and freight service in any way but has
refused in several instances to give a fair and competitive rate on carrier
service. In view of the proposed governmental plans for development and
expansion of natural resources, of which the Parrsboro area could expect a
fair share, abandonment of said line would be a very definite backward step
and could possibly preclude the Parrsboro area from taking full advantage of
nation-wide prosperity and promotion. Abandonment of said line would
inconvenience and adversely affect approximately 10,000 persons.
CONCLUSIONS
We can thoroughly understand the feelings of the people in the Parrsboro
area and sympathize with them in the loss of a rail connection but, having
regard to decisions reached in previous cases, and more particularly the evidence
in this case, when looking at the enormous loss suffered by the Company and
also taking into consideration the fact that the territory is adequately served
by other forms of transportation as shown herein, we can reach only one
conclusion and that is that the losses to the Company greatly outweigh the loss
and inconvenience to the public.
Here I would refer to some of the previous decisions of this Board:
(1) Re C.N.R., Tweed Subdivision (1941), 53 C.R.T.C. 139. Abandon-
ment of operation of the Tweed Subdivision between Yarker and Tweed,
Ontario, a distance of 33.94 miles. System saving if line abandoned $22,203.
Application granted.
(2) Re C.N.R. Lakefield Subdivision (1951), 66, C.R.T.C. 344. Aban-
donment of operation of 16.24 miles. System saving if line abandoned
$31,392. Application granted.
(3) Re C.N.R. Westport Subdivision (1952), 69 C.R.T.C. 136. Aban-
donment of operation of 40.51 miles. System saving if line abandoned
$83,035. Application granted.
(4) Re C.N.R. Algonquin Subdivision (1955), 72 C.R.T.C. 129. Applica-
tion to abandon 39.95 miles of the Algonquin Subdivision. System saving
if line abandoned $97,109. Application granted.
126
(5) Re C.N.R. Scotia Subdivision (1955), 72 C.R.T.C. 211. Application
to abandon 5.24 miles into Pictou Landing. System saving if line abandoned
somewhat in excess of $20,000 per annum. Application granted.
(6) Re C.N.R. Elgin Subdivision (1955), 72 C.R.T.C. 220. Application
to abandon 13.5 miles between Petitcodiac and Elgin. System saving if
line abandoned approximately $30,000 per annum. Application granted.
(7) Re C.N.R. Albert Subdivision (1955), 72 C.R.T.C. 229. Application
to abandon 20.4 miles between Hillsboro and Albert. System saving if
line abandoned approximately $39,580 per annum. Application granted.
I would grant the application; abandonment to become effective thirty days
from the date of the Order accompanying this Judgment.
H. B. CHASE.
Ottawa, May 12, 1958.
I concur:
C. D. Shepard.
127
ORDER No. 94325
In the matter of the application of The Cumberland Railway and Coal Company
to abandon all services of its railway between Springhill, Nova Scotia, and
Parrsboro, Nova Scotia, and to lift its materials from the right of way:
File No. 48647.
Monday, the 12th day of May, A.D. 1958.
C. D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at the sitting of the Board held at Parrsboro,
Nova Scotia, on the 26th day of March, 1958, in the presence of Counsel for
The Cumberland Railway and Coal Company and the Town of Parrsboro, Nova
Scotia, and other parties —
It is hereby ordered as follows:
1. The abandonment of operation of the railway of The Cumberland Rail-
way and Coal Company between Springhill, Nova Scotia, and Parrsboro, Nova
Scotia, is approved.
2. The said abandonment shall not take place earlier than the expiration
of thirty days after the date hereof.
C. D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
128
SUMMARY OF ORDERS ISSUED BY THE BOARD
94426 May 27 — Application of North-West Line Elevators Assoc. for an Order
disallowing Canadian Car Demurrage Tariff C.T.C. No. 5 to the
extent that said tariff might be construed as including demurrage
charges on bulk grain unloaded on public and semi-public terminal
elevators in Western Canada.
94427 May 27 — Authorizing Consumers' Gas Co. of Toronto to construct a gas main
under the company pipe line of Trans-Northern Pipe Line Co. at
Camilla Road, Township of Toronto, Ont.
94428 May 27 — Authorizing Sask. Dept. of Highways and Transportation to construct
Highway No. 4 across the C.P.R. by means of a subway at Biggar,
Saskatchewan.
94429 May 27 — Authorizing the C.N.R. to make changes in the track circuits for
the protection at crossing of Bouthillier St., St. John, Que.
94430 May 27 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
company pipe line of Westspur Pipe Line Co. in the Southeast
i of Section 21, Twp. 4, Rge. 5, W2M, Sask.
94431 May 27 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of the Westspur Pipe Line Co. in Southeast \, Sec. 27,
Twp. 4, Rge. 5, W2M, Sask.
94432 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
company pipe line of Westspur Pipe Line Co. in the Northwest
Sec. 15, Twp. 4, Rge. 5, W2M, Sask.
94433 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
company pipe line of Westspur Pipe Line Co. in the Southwest J,
Sec. 22, Twp. 4, Rge. 5, W2M, Sask.
94434 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. in the Northeast \, Sec. 26,
Twp. 4, Rge. 5, W2M, Sask.
94435 May 28 — Authorizing Steelman Gas Co. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. at two locations in the North-
east | of Sec. 22, Twp. 4, Rge. 5, W2M, Sask.
94436 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. in the Northeast i, Sec. 26,
Twp. 4, Rge. 5, W2M, Sask.
94437 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. in the Southwest i, Sec. 23,
Twp. 4, Rge. 5, W2M, Sask.
94438 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. in the Northeast £ of Sec. 22,
Twp. 4, Rge. 5, W2M, Sask.
94439 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line under the
pipe line of Westspur Pipe Line Co. in the Northeast Sec. 22,
Twp. 4, Rge. 5, W2M, Sask.
94440 May 28— In the matter of application of C.N.R. on behalf of Imperial Oil Ltd.
for approval of proposed location of additional facilities for storage
of flammable liquids at Deer Lake, Nfld.
94441 May 28 — Authorizing Steelman Gas Ltd. to construct a pipe line , across and
under the pipe line of Westspur Pipe Line Co. in the Northeast
Sec. 22, Twp. 4, Rge. 5, W2M, Sask.
94442 May 29 — In the matter of application of C.N.R. for approval of Plan No.
SD-3009-B, revised to Apr. 15/58, showing protection as installed
at crossing of their railway and Eglinton Ave., Munic. of Metro-
politan Toronto, Ont. in lieu of Plan No. SD-3009-B, dated May 7/57
approved under Board Order No. 90823 dated January 28/57.
94443 May 29 — In the matter of application of C.P.R. extending the time within
which it is required under Order No. 90977, dated Feb. 18/57, to
construct a temporary diversion of its Winchester Subd.
129
94444 May 29 — In the matter of application of Bell Telephone of Canada for
approval of Appendix to Traffic Agreement between it and Le
Telephone Somerset.
94445 May 29 — In the matter of application of the Bell Telephone Co. of Canada
for approval of Supplement to Service Station Contract between it
and The Highland Mutual Telephone Assoc.
94446 May 29 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 43 across the company pipe line of Trans-Northern Pipe Line
Co. in Lot 16, Cone. 4, Twp. of Winchester, Ont.
94447 May 29 — Application of British American Oil Co. Ltd., for approval of
proposed additional flammable liquid facilities at Atikokan, Ont.,
on line of C.N.R.
94448 May 29 — Permitting removal of slow order at C.N.R. crossing at Ste. Anne
Station, mileage 126.14, Sprague Subd.
94449 May 20 — Restricting the Speed of trains at C.N.R. crossing west of Maison-
neuve Station, Que.
94450 May 29 — Authorizing C.P.R. to remove the station agent and appoint a care-
taker at Thornhill, Man.
94451 May 29 — Authorizing the C.P.R. to operate the bridge at mileage 87.1,
Shaunavon Subd., Sask.
94452 May 29 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by C.N.R. under Section 3.
94453 May 29 — Approving under the Maritime Freight Rates Act tolls published in
Agreed Charge Tariff of the Canadian Freight Assoc. under
Sections 3 and 8.
94454 May 29 — Approving under the Maritime Freight Rates Act Supplement to
Agreed Charge Tariff filed by the Canadian Freight Assoc. under
Sections 3 and 8.
94455 May 29 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.N.R. by means of an overhead bridge
at mileage 128.50 Centerville Subd., N.B.
94456 May 29— In the matter of application of C.P.R. on behalf of The British
American Oil Co. Ltd. for approval of proposed location of facilities
for handling and storage of flammable liquids at Treherne, Man.
94457 May 29 — Authorizing Trans-Canada Pipe Lines Ltd. to construct its company
pipe line across Net Lake, Twp. of Strathy, Dist. of Nipissing, Ont.
94458 May 29 — In the matter of application of C.N.R. for approval of plan showing
protection as installed at the crossing of Lawrence Ave. W.,
Metropolitan Toronto, Ont.
94459 May 29 — Authorizing Alberta Dept. of Highways to widen Highway No. 43
where it crosses the C.N.R. at mileage 71.6, Stettler Subd.
94460 May 20 — Authorizing Rural Munic. of Golden West No. 95, Sask. to widen
the Highway where it crosses the C.N.R. at mileage 14.1, Corning
Subd., Sask.
94461 May 29 — Authorizing Trans-Canada Pipe Lines Ltd. to construct its pipe line
across Granite Lake, Twp. of Best, Dist. of Nipissing, Ont.
94462 May 29 — Authorizing Trans-Canada Pipe Lines Ltd. to construct its company
pipe line under the Montreal River, Lot 15, Cone. 2, Twp. of
Coleman, Ont.
94463 May 29 — Authorizing Trans-Canada Pipe Lines Ltd. to construct its company
pipe line across the Blanche River, Lot 10, Cone. 4, Twp. of
Evanturel, Ont.
94464 May 29 — In the matter of application of C.N.R. for approval of plan showing
protection at crossing of James St., Metropolitan Toronto, Ont.
94465 May 29 — In the matter of application of Steelman Gas Ltd. for leave to
construct pipe lines across the company pipe line of Westspur
Pipe Line Co.
130
94466 May 30 — Authorizing C.P.R. to operate under the overhead bridge at mileage
104.4 Oshawa Subd., Ont.
94467 May 30 — Authorizing B.C. Dept. of Highways to construct the highway
across the C.N.R. by means of an overhead bridge at mileage 11.39
Lulu Island Subd., B.C.
94468 May 30 — Approving proposed deviation of location of portion of Trans-
Northern Pipe Line Co. pipe line in the Twp. of East York, Ont.
94469 May 30 — Authorizing City of Oshawa, Ont., to reconstruct the overhead
bridge carrying Ritson Road across the C.N.R.
94470 May 30 — Authorizing City of Chatham, Ont. to widen Lacroix St. where it
crosses the C.N.R., Chatham, Ont.
94471 May 30 — Authorizing Rural Munic. of St. Clements, to relocate the highway
where it crosses the C.N.R. at mileage 16.97, Victoria Beach Subd.,
Manitoba.
94472 May 30 — Authorizing Rural Munic. of Stony Plain No. 84, to construct the
highway across the C.N.R. at mileage 45.12, Wabamun Subd., Alta.
94473 May 30 — In the matter of application of C.N.R. for approval of plan showing
protection as installed at crossing at Montee Riviere des Prairies,
Quebec.
94474 May 30 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the Dominion Atlantic Railway Co. under section 8.
94475 May 30 — Approving under the Maritime Freight Rates Act tolls published
in tariff filed by the Dominion Atlantic Railway Co. under section 8.
94476 May 30 — Authorizing the C.P.R. to open for operation a portion of its
Adirondack Subd., which was re-located as authorized by Order
No. 94299.
94477 May 30 — Authorizing the Saskatchewan Power Corporation to construct a
gas pipe line under the Trans-Canada Pipe Lines Limited, in the
Province of Saskatchewan.
94478 May 30 — Authorizing The Consumers' Gas Company to construct a gas pipe
line under the C.N.R. in the Twp. of Nottawasaga, Ont.
94479 May 30 — Setting down for hearing at Ottawa, on June 25, 1958, the applica-
tion of Interprovincial Pipe Line Company for leave to construct
a pipe line for the transportation of oil in the Twp. of Trafalgar,
Ontario.
94480 June 2 — Permitting the removal of slow order at C.N.R. crossing east of
station at Hudson, Ontario.
94481 June 2 — Authorizing the C.P.R. to relocate a portion of its tracks in the
Municipality of Metropolitan Toronto, Ontario.
94482 June 2 — In the matter of application of The Bell Telephone Company of
Canada for approval of Service Station contract between it and
The Worthington Municipal Telephone System.
94483 June 2 — Approving Service Station contract between The Bell Telephone
Company of Canada and the Atwood Municipal Telephone System.
94484 June 2 — In the matter of Order No. 88596, approving plan submitted by the
C.N.R., showing location of facilities for storage of flammable liquids
at Butler, Man.
94485 June 2 — Permitting the removal of slow order at the crossing ' at Mileage
44.16 Owen Sound Subdivision.
94486 June 2 — Authorizing the C.N.R. to construct an extension to private siding
serving Continental Iron and Titanium Mining Limited, across Ste.
Anne St. in Baie St. Paul, P.Q.
94487 June 2 — Authorizing the C.N.R. to remove the caretaker and the station
building at Goldstone, Ontario.
94488 June 2 — In the matter of application of Steelman Gas Limited for leave
to construct pipe lines across the company pipe line of Westspur
Pipe Line Company at various locations.
131
94489 June 3 — Authorizing the District of Surrey, B.C. to construct the highway
across the company pipe line of Trans-Mountain Oil Pipe Line
Company in the New Westminster District of B.C.
94490 June 3 — Authorizing the C.N.R. to reconstruct the bridge over Archibald St.,
Winnipeg, Man.
94491 June 3 — Authorizing the Rural Munic. of Battle River No. 438, Sask., to
construct the highway across the C.N.R. at Mileage 9.79 Cutknife
Subdivision.
94492 June 3 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on its Outlook Subd., Sask.
94493 June 3 — Authorizing the C.P.R. to remove the gates and watchmen at the
crossing of First St., Town of Souris, Man.
94494 June 3 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited, for approval of proposed locations of facilities for
storage of flammable liquids at Kenabutch, Ontario.
94495 June 3 — In the matter of application of The Toronto, Hamilton and Buffalo
Railway Company on behalf of St. Netkin & Sons Ltd., for approval
of proposed location of facilities for handling and storage of
flammable liquids at Hamilton, Ont.
94496 June 3 — Authorizing the Sask. Department of Highways and Transportation
to construct Highway No. 30 across the company pipe line of Inter-
provincial Pipe Line Company in the NW \ Sec. 12-34-23 W.3M.,
Saskatchewan.
94497 June 3 — Authorizing the C.P.R. to remove the Agent at West Fort William,
Ontario.
94498 June 4 — Authorizing the B.C. Dept. of Highways to construct the highway
across the Esquimalt and Nanaimo Railway Company at Dashwood,
B.C.
94499 June 4 — Authorizing the C.N.R. to construct three railway bridges across its
right of way at Cote de Liesse Hump Yard at Lachine, P.Q.
94500 June 4 — Requiring the C.P.R. to install certain protection at the crossing of
County road at Mileage 61.69 Belleville Subd., Ontario.
94501 June 4 — In the matter of facilities of the Shell Oil Company of Canada
Limited for storage and handling of flammable liquids at Oshawa,
—Ontario.
94502 June 4 — In the matter of filing of tariffs by The Bell Telephone Company of
Canada.
94503 June 4 — In the matter of filing of tariffs by The Bell Telephone Company of
Canada.
94504 June 4 — In the matter of approval of plan submitted to the C.N.R. by
Modern Tool Works Limited, showing the location of pipe lines,
etc. for the handling and storage of flammable liquids at Toronto,
Ontario.
94505 June 4 — Authorizing the C.N.R. to use the subway at Cavenport Road,
Toronto, Ontario.
94506 June 4 — Permitting the removal of slow order at C.N.R. crossing of Hurontario
Street, Port Credit, Ontario.
94507 June 4 — In the matter of application of Steelman Gas Limited, for leave to
construct a pipe line across the company pipe line of Westspur Pipe
Line Company at certain locations in the Province of Sask.
94508 June 5 — Requiring the C.P.R. to install certain protection at the crossings
of Finch Ave. and Main St., Twp. of North York, Ontario.
94509 June 5 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 32 where it crosses the C.P.R. at Mileage 71.68 La Riviere
Subd., Manitoba.
94510 June 5 — Authorizing the City of Ottawa, Ontario, to construct Donald Street
across the C.P.R.
132
94511 June 5 — Authorizing the B.C. Electric Company Limited, to construct a gas
main across the company pipe line of Trans-Mountain Oil Pipe Line
Company at two locations in the intersection of Ferguson Road
and Johnson Road, District of Surrey, B.C.
94512 June 5 — Approving plan showing location of Westcoast Transmission Com-
pany Limited line in the vicinity of Taylor, Peace River District
B.C.
94513 June 5 — In the matter of Regulations for the transportation of Explosives
and other Dangerous Articles in Rail Freight and Rail Express
Service.
94514 June 5 — In the matter of application of the Quebec North Shore and Labrador
Railway Company for approval of signal profile mileage 320 to 340
Menihek Subd., Nfld.
94515 June 5 — In the matter of application of the C.P.R. on behalf of Canadian
Propane (Saskatchewan) Limited, for approval of proposed location
facilities for the handling and storage of liquefied petroleum gas
at Meadow Lake, Sask.
94516 June 5 — In the matter of application of Imperial Oil Limited for leave to
construct an oil pipe line across the company pipe line of Westspur
Pipe Line Company, in the Province of Sask.
94517 June 5 — Authorizing the Rural Munic. of Fleet's Springs No. 429 to construct
the Highway across the C.N.R. at Mileage 17.21 St. Brieux Subd.,
Saskatchewan.
94518 June 6 — In the matter of application of the C.N.R. for approval of plan
showing the bridge over the stream at Mileage 24.1 Yale Subd.,
B.C.
94519 June 6 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.P.R. by means of an overhead bridge
at Hartland, N.B.
94520 June 6 — Permitting the removal of slow order at C.N.R. crossing at Fifth
Avenue, Regina, Sask.
94521 June 6 — Authorizing the C.P.R. to remove the station agent at Winnifred,
Alberta.
Edmond Cloutder, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
(Efje Jioaro of
3£tau£port £ommts#toner£ for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA. JULY 15, 1958 No. 8
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of application of North-V/est Line Elevators Association, on
behalf of its member companies pursuant to the provisions of the
Railway Act of Canada, being Chapter 234 of the Revised Statutes of
Canada 1952, and amendments thereto, for an Order under section
328 and other relevant sections of the said Act, disallowing Canadian
Car Demurrage Tariff C.T.C. No. 5 to the extent that said tariff might
be construed as including demurrage charges on bulk grain unloaded
into public and semi-public terminal elevators in Western Canada.
File No. 1700.397.
Heard at Ottawa:
1956, July 30, September 10, 11, 12, 13 and 14.
1957, June 18 and 20.
1958, January 20, 21, 22, 23, 24, 27, 28, 29, 30, 31 and February 3rd.
Before:
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
Armand Sylvestre, Q.C., Deputy Chief Commissioner.
Frank M. MacPherson, Commissioner.
Appearances:
C. D. Shepard, Q.C. (Appointed Chief Commissioner, Board of
Transport Commissioners for Canada, January 15th, 1957),
for the North-West Line Elevators Association and United
Grain Growers Limited.
Hazen Hansard, Q.C, and G. C. Dilts, for the North-West Line
Elevators Association.
G. R. Hunter, Q.C, for the United Grain Growers Limited.
R. H. Milliken, Q.C, for the Saskatchewan Wheat Pool.
R. A. MacKimmie, Q.C and J. M. Coyne, for the Alberta Wheat
Pool.
H. S. Scarth, Q.C, for the Manitoba Pool Elevators.
I. D. Sinclair, H. A. V. Green, Q.C, K. D. M. Spence, Q.C, John
Pearson, H. M. Pickard and A. J. Alliston, for the Canadian
Car Demurrage' Bureau and Canadian Pacific Railway
Company.
J. W. G. MacDougall, Q.C. and W. G. Boyd, for the Canadian Ca^
Demurrage Bureau and the Canadian National Railways.
133
57858-3—1
INDEX
Page
1. ORIGIN OF THE APPLICATION 135
2. PRELIMINARY HEARINGE AND OBJECTIONS 136
3. SUGGESTION OF BOARD 137
4. ORIGIN AND APPLICATION OF DEMURRAGE CHARGES 138
5. MARKETING OF GRAIN 141
6. TRANSPORTATION OF GRAIN 141
7. BULK GRAIN BILL OF LADING 141
8. CAR DETENTION AT LAKEHEAD 142
9. REVIEW OF 1937 JUDGMENT 143
10. DISCUSSION 143
11. FINDINGS 145
12. ORDER 146
134
135
JUDGMENT
Wardrope, Assist. Chief Commissioner.
1. ORIGIN OF THE APPLICATION
On July 10, 1956, Counsel for the Canadian Pacific and Canadian
National Railways, wrote the Board as follows: —
"For a great many years it has been the practice of the railways to refrain
from applying the provisions of the Canadian Car Demurrage Tariff to bulk
grain consigned to terminal elevators. This custom seems to have developed
without the authority of a tariff or an Order of the Board, and the Car Demur-
rage Tariff does not contain any exceptions in respect of grain delivered to
terminal elevators.
There was, however, a Special Demurrage Tariff filed by the railways in
1937, which was intended to apply at semi-public and public terminals in
Western Canada in respect of cars of grain, and which contained demurrage
charges differing from those of the Regular Demurrage Tariff. This Special
Tariff was considered by the Board in the case of Canadian Freight Association
v. Coastal Elevators, Saskatchewan and Manitoba Pool Elevators, et al., 47
C.R.C. 43, and the Board held that the application of this particular tariff
under the conditions prevailing at that time would be unjust and unreasonable.
The proposed tariff was, therefore, disallowed, but the Board added at the end
of its Judgment, 'If in the future the railways desire to bring the matter up
again, under new conditions, when the situation has changed or improved,
the Board will be glad to hear all that is urged'.
Since 1937 almost every factor then considered by the Board has changed;
there has been a transformation in the control of marketing, shipping and
sale of wheat, oats and barley, in the regulation of movement of grain, in the
payment of storage to country elevators, and, of course, in the quantity of
grain harvested and on hand.
As the Judgment of 1937 disallowed the proposed Special Tariff without
prescribing another in lieu thereof, the result seems to have been to restore
the previous situation under which the General Demurrage Tariff in fact
applied to grain, but in practice was not enforced against grain at terminal
elevators.
Whatever the reasons may have been for the adoption of this practice in
the early year.s of the century, it is evident that there are now the strongest
possible reasons for its elimination. The railways are in urgent need of every
car that can be made available to meet the pressing demands of this country's
traffic.
In the year 1955, the average time a car of grain was held at the Lakehead
awaiting unloading, was 7.96 days and in one month the average was 35 days.
Detention beyond what would have been the normal free time under the Cana-
dian Car Demurrage Rules, C.T.C. No. 5, was 655,878 car days. This equipment,
if released within that time, would have permitted us to carry more that 32,000
additional carloads of traffic during 1955, with benefit to both shippers and
railways.
As the Board is aware, the railways, faced with mounting wage bills, are
exhausting every avenue available to improve their financial position. We feel
that action should be taken immediately to compel earlier release of this large
portion of our equipment now held overly long for unloading of grain. Such
action would greatly assist our efforts to improve our freight earnings as it
would materially increase the availability of this equipment now urgently
required for revenue loading.
136
In these circumstances, it is very clear that the only practical course m
the national interest is to apply the Demurrage Tariff upon grain cars at
terminal elevators in Western Canada for the purpose of compelling quick
release of the cars. We, therefore, intend to publish a notice to interested
shippers and consignees, advising that on and after August 1, 1956, this action
will be taken. The procedure as thus proposed seems to us to be in accord-
ance with the provisions of the Railway Act and the Board's Judgment of 1937".
There follows the notice published by the Canadian Car Demurrage
Bureau, Winnipeg, Manitoba, dated July 12, 1956, addressed to shippers and
consignees of grain:
"With the growing tempo and volume of business handled on Canadian
Railways, it has become increasingly evident that the Railways must examine
all possible means of obtaining greater use of their equipment.
While the Canadian Car Demurrage Tariff is applicable in its terms to all
commodities, the unwritten practice of the Railways for many years has been
to refrain from applying the demurrage rules to cars of grain consigned to
public or semi-public terminal elevators. In 1955, at the Lakehead alone,
delays by consignees in releasing grain cars beyond what would have
been the normal free time under the Demurrage Tariff amounted to 655,878
car days. If these cars had been released on time the Railways would have
had the capacity to carry 32,000 more carloads of traffic during 1955.
Please be advised, therefore, that with the commencement of the new
crop year on August 1, 1956, the provisions of the Canadian Car Demurrage
Tariff C.T.C. No. 5, will be applied to carloads of grain consigned to terminal
elevators at the Lakehead and throughout Western Canada. We ask for your
co-operation in the unloading and release of all cars within the free time
allowed by the tariff".
2. PRELIMINARY HEARINGS AND OBJECTIONS
Following receipt of this notice, The North-West Line Elevators Association
and the United Grain Growers Limited requested that the Board disallow
Canadian Car Demurrage Tariff C.T.C. 5 to the extent that the said tariff
might be construed as including demurrage charges on bulk grain unloaded
into public and semi-public terminal elevators in Western Canada. It was
alleged the said tariff was unjust, unreasonable and directly contrary to the
general system of transporting grain to terminal elevators. A Hearing of
the matter was requested. Objections to the imposition of demurrage charges
were also filed by the Manitoba Farmers' Union and the Interprovincial Farm
Union Council, and requests to intervene in the application of the North-West
Line Elevators Association were received from the Manitoba Pool Elevators;
Saskatchewan Wheat Pool; and the Alberta Wheat Pool.
The application of The North-West Line Elevators Association insofar only
as it requested an Order of the Board for suspension was heard at Ottawa,
Ont., on July 30, 1956. The Board decided the matter would remain in statu
quo pending full hearing of the application which was set down for hearing
on September 10, 1956.
The matter was heard at Ottawa on September 10, 11, 12, 13 and 14, 1956,
in respect to the situation prevailing at the Lakehead. At the request of the
Alberta Wheat Pool, the Board adjourned the Hearing sine die in regard to the
situation at the Pacific Coast and later this Hearing was reconvened on June
18 and 20, 1957.
137
3. SUGGESTION OF BOARD
Upon the completion of applicants' case before the Board at the above
mentioned Hearings, and with the concurrence of my Colleagues, I offered
the suggestion to the parties in the case that they might confer together and
see if a working committee could be set up comprised of representatives of
the grain trade, the Wheat Board and the Railways to see if with all their
experience and ingenuity and co-operation, a system might be evolved that
would, without creating friction whatsoever, result in a quicker unloading or
releasing of these cars at the terminals.
Following consideration of the representations made to the Board by the
parties to the above suggestion, I stated: —
"Let me say at once that the Board is gratified and commends the parties
for their willingness to co-operate in finding a solution to the problems
involved.
The Canadian Pacific is willing to accept the Board's suggestion of partici-
pating in a committee to be set up to study the situation concerning delays
to box cars under load at the Lakehead and Vancouver, but contrary to the
Board's suggesion that the Hearing be now adjourned sine die to enable the
committee to explore the possibilities of a solution to the problem, the Cana-
dian Pacific Railway wishes to put in its case, the reason being that the rail-
ways' witnesses are here and if the proposed committee should fail to find a
solution they would have to bring all their witnesses back again at con-
siderable trouble.
It has been estimated that the Railways' case, that is, the two Railways,
might involve a week to two weeks of hearing time. Now, if the committee
is successful, as we hope it will be, if good will and co-operation is shown by
all the parties, the evidence we would have heard including rebuttal and
argument would be time wasted, not only for the Board but for all parties con-
cerned including the Railways. The Board is of the opinion that the Canadian
Pacific's proposal is not acceptable. To take up the time of the Board and
the other parties before it to save witnesses possibly having to come back at
a future time, does not seeem to be a sufficient reason. The record would
be old and possibly not up to date.
All the parties have signified their acceptance of the Board's suggestion
and we feel that if we followed the Canadian Pacific's suggestion the proposed
committee might never be brought into being or if it were it might be in
an atmosphere of reluctance to co-operate and give and take. Furthermore,
the Board feels that if the proposal of the Canadian Pacific is pursued, the
Board might feel bound to make its decision on the record, regardless of
being asked to defer it for a period to allow the parties to confer.
The Board has no desire certainly to put any party or parties in an awkward
position. On the other hand, neither does the Board wish to do likewise to
itself. It has tried to be helpful in this complex and vexed matter so that
a reasonable and fair solution to all parties may be achieved to their interests
and in the public interest.
The Board, I can assure you, has not made this suggestion for its own
convenience but purely as it sees it in the interests of all concerned. We,
therefore, feel that the Board's suggestion should be given an opportunity to be
put into action forthwith.
In short, what the Board is endeavouring to do without transgressing
on the ultimate rights of any of the parties before us is to see in its adminis-
trative as well as judicial capacity that the public interest is served. This,
we believe to be the Board's function and the Board's duty. Should we err
57858-3—2
138
in this particular problem before us in our directions, there is recourse by any-
party or parties that may feel aggrieved to the processes of law contained in
the statutes by which we function and are governed.
Consequently, in the conduct of this application it will stand adjourned
sine die to enable the parties to attempt to find a mutually satisfactory solution
of the problems involved.
We request the committee that is to be formed to keep us advised as to
the progress or otherwise it makes as we wish to take whatever action may
be appropriate in the circumstances".
The Board was later informed by letter from the parties in the case that
a working committee composed of representatives of the Grain Elevator Com-
panies, Canadian National and Canadian Pacific Railways had met on three
occasions. The Canadian Wheat Board, for reasons given, did not participate
in the meetings. It was stated that at those meetings, the Committee
endeavoured to find "a practical solution to the problem of obtaining greater
utilization of railway box cars in the movement of Canada's grain crop, and
that while all members fully entered into the discussion and made their
respective problems known, the committee regretted to report that no solution
had been evolved". The Canadian Pacific Railway requested the Board to
resume its hearing of the case.
The hearings in the matter were accordingly resumed at Ottawa on
January 20, 21, 22, 23, 24, 27, 28, 29, 30, 31 and February 3rd, 1958.
Including the hearings in September 1956 and June 1957 over 2500 pages
of evidence and argument were received and over 100 Exhibits were filed by
the Grain Trade and Railways.
4. ORIGIN AND APPLICATION OF DEMURRAGE CHARGES
The Railways are required under the Railway Act to furnish adequate and
suitable accommodation for all traffic offered for carriage (Section 315). Rail-
way equipment so furnished can only be profitable to the Railways when it is
employed in the service of transporting goods from one place to another and
can only be of the greatest value to shippers when it is available for the trans-
portation of their goods. It is in the interest of both the shippers and the
railways that the railway equipment furnished for the accommodation of
traffic be promptly loaded and unloaded.
In order to discourage the detention of railway equipment for any purpose
beyond a reasonable time for loading or unloading, the railways assess a per-
car per-day charge for such detention. This charge is known as demurrage.
It is a separate and distinct charge from the charge for rail transportation.
It is in part a penalty for the undue detention of railway equipment and
in part compensation to the railways for detention of their equipment for
storage purposes. It is a charge within the meaning of "toll" or "rate" as
defined under the Railway Act, subsection 32 of Section 2.
In 1906 the Board by its General Order 1 (page 113 of Board's First
Annual Report) prescribed uniform demurrage rules and regulations to be
applied by all railway companies subject to its jurisdiction. These rules
required, inter alia, that the railways allow two days for loading or unloading
of cars prior to the assessment of demurrage. This free time allowance has
been made applicable to domestic, international and import traffic and no
change in this allowance period has been made since that time, although the
Board has authorized periodical changes in the level of the demurrage charges.
139
That these prescribed uniform rules and regulations are not altogether
appropriate for export traffic and also traffic for furtherance by water has long
been recognized by the railways. Such traffic has been voluntarily accorded
by the railways greater free time allowance for unloading at the ports and
appreciably lower demurrage charges. These more liberal regulations appear
to have been contemplated and intended to cover unavoidable delays due to
the uncertainty of ship arrivals at the ports as well as uncertainty in rail
transportation in effecting vessel delivery. These aspects are clearly dis-
tinguishable from the handling and delivering of domestic traffic.
The prevailing free time allowance on export traffic from Prairie territory
in Western Canada to Central America, Mexico and South America via the
Pacific ports is five days, and on traffic exported to other countries ten days.
From Pacific territory in Western Canada to all countries via the Pacific ports
the free unloading time allowance is five days. In Eastern Canada export
traffic via Eastern ports is accorded ten days free time allowance and further-
ance traffic via Maritime ports five days free time.
To appreciate the difference in treatment of domestic traffic handled
under the general demurrage regulations and the special and furtherance
regulations, there follows a comparison of the prevailing free time allowance
and car demurrage applicable within Canada for a 14-day period.
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141
5. MARKETING OF GRAIN
The marketing of Western Canadian grain is a most complex matter, and
it would appear appropriate to set forth briefly the pattern of the present
method. The Canadian Wheat Board is the general marketing agency for all
wheat, oats and barley produced in Western Canada. It operates under the
provisions of the Canadian Wheat Board Act. The Wheat Board is in a very
real sense the servant of the producer for whom it seeks to obtain the best
possible returns for the grain entrusted to it. The Wheat Board does not own
nor operate any grain handling facilities in Canada, but business is carried on
by agreement entered into each year with the elevator companies which are
cooperatively or privately owned. These elevator companies act as agents
of the Wheat Board and undertake to finance the initial payment to producers,
the storage of grain in country elevators and delivery to terminal positions in
accordance with the Wheat Board's regulations.
The elevator companies upon receipt of the grain from the producer at
the country elevator issue a cash ticket to the producer for the price of the
grain less allowance which the elevator company may be permitted to charge.
Upon receipt of the grain at the terminal elevators all freight charges accruing
for the rail transportation from the country elevators are paid by the
elevator companies.
When the marketing of the grain is completed, the Wheat Board reckons
its financial position, deducts its costs of operation and administrative expenses,
and issues to the producers certificates authorizing the producers to share in
the surplus, if any, distributed by the Board from its operations.
6. TRANSPORTATION OF GRAIN
The initial step in the rail transportation of the grain is the issuance of
shipping orders to the country elevators to forward the grain to the terminal.
These orders are not issued by the elevator companies themselves, but by the
Wheat Board. Upon receipt of such orders, the country elevator agents order
from the railway the box cars required to fill the orders on hand.
During the crop year of 1955-56 there were unloaded at the Lakehead
92,342 cars railed in by the Canadian Pacific Railway. At Vancouver during
the same crop year, 35,415 cars were railed in and unloaded, making a total
movement of 127,757 cars during the 12-month period via the Canadian
Pacific Railway only. Somewhat similar figures prevail in respect to the
movement via the Canadian National Railways.
To accommodate the enormous quantity of grain to be transported, the
railways allocate the requisite number of box cars. It was stated in evidence
the Canadian Pacific Railway allocate to their western lines approximately
28,000 box cars for the accommodation of their traffic, not solely grain.
To facilitate the rail transport of grain in Western Canada the railways
watch the movement of this traffic very closely, checking the situation from
day to day and endeavour to regulate the movement of the traffic, assigning
cars for loading at country elevators on a quota system based on the shipping
orders as issued by the Wheat Board.
7. BULK GRAIN BILL OF LADING
The Board by its Order 14591 dated August 18, 1911, approved a bulk
grain bill of lading. This special grain bill of lading is for exclusive use in
respect to grain shipments to the Lakehead, and the provisions thereof were
worked out at that time between representatives of the shippers, the Bankers'
Association and the Railways.
142
Under Section 8 of this bill of lading, the railways have reserved the
right, in the event the original consignee at the Lakehead cannot accept
delivery, to direct and deliver, without prior notice, cars of grain to other
elevators having accommodation for the particular grade of grain. This con-
dition has apparently been considered desirable by all concerned in order
to avoid unnecessarily delaying cars for unloading at the Lakehead during the
grain shipping season.
8. CAR DETENTION AT LAKEHEAD
The average number of days that Canadian Pacific Railway cars were
detained for unloading at the Lakehead during 1955, 1956 and 1957 was as
follows: (Exhibits 47, 48 and 49). While the precise figures in these Exhibits
were disputed by the grain interests with some success, the general trend
of the delays still remains in them.
1955 1956 1957
January 10.08 8.15 9.99
February 23.47 6.28 11.97
March 34.27 10.02 24.75
April 22.08 8.90 24.31
May 5.03 4.52 —
June 4.81 4.51 —
July 5.60 4.13 —
August 9.35 3.36 —
September 11.50 4.40 —
October 7.62 5.05 —
November 5.80 4.20 —
December 4.20 5.30 —
Note: The open season of navigation runs roughly from mid- April to mid-
December.
The crux of the problem lies in the fact that during the closed season of
navigation with no balancing rail movement eastbound from the terminal
elevators to counteract the grain movement ordered into the already con-
gested terminal elevators, grain remains for lengthy periods of time in the
railways' box cars. In other words, the grain storage of the terminal elevators
overflows into box cars not only at the Lakehead but also backs up westward
to Ignace, Kenora and Transcona, tieing up the box car equipment of the rail-
ways. In short, and it is not denied, Railway Rolling Stock is, under the
present system, used as a huge ancillary bin for the storage of grain.
It is this situation of which the railways complain and allege that the
imposition of demurrage will have the effect upon the grain trade and market-
ing agency of arranging their affairs in such a manner as will not result in the
use of railway box cars for storage purposes.
Mr. Emerson, Vice-President of the Canadian Pacific Railway Company,
stated that it is not their desire to increase their revenues by means of
demurrage, but what they really seek is the return of this equipment and they
would be pleased if they did not have to collect a dollar demurrage. A box
car costs approximately $9,000.00 and its proper use is for transportation, not
storage. An improved utilization of box cars is in effect the same thing as a
larger inventory of box cars, and that would reduce capital expenditures.
143
9. REVIEW OF 1937 JUDGMENT
A new special tariff imposing car demurrage charges on bulk grain
unloaded into all public and semi-public elevators in Western Canada was
filed with the Board on May 22, 1937, to become effective September 1, 1937.
(Canadian Freight Association Tariff 184, C.T.C. 329). This tariff provided the
same free time unloading period (two days) as prevailed under the Board's
uniform demurrage rules and regulations. The essential difference between
the two arrangements was in respect to the demurrage charges for cars held
beyond the fourth day, it being proposed to accord to the said bulk grain
arrangement a lower level of charges.
Strong objections were taken by the grain trade to this proposal of the
railways and following protracted hearings of the matter, the Board found
that the demurrage charges which the railways proposed to assess were
unjust and unreasonable and issued its Order 54627 dated July 30, 1937, disal-
lowing the said tariff. Chief Commissioner Guthrie in delivering an oral
Judgment in the matter, stated as reported in 47 C.R.C., p. 51: —
"I cannot refrain from repeating that I think we should consider the
question of western grain transportation as distinct from the transport of
other commodities. While the principle underlying the application of a demur-
rage charge is sound in respect to rail transportation in general, and should
be applied where cars are unreasonably or improperly detained by shippers
or by consignees, in my opinion an exception should be made in regard to
western grain at terminal points. Parliament seems to have recognized a
distinction as between western grain and other transportable commodities not
only in the Canada Grain Act, but also in regard to railway rates for the trans-
portation of grain. While ordinary freight rates are subject to the jurisdiction
of the Board under the provisions of the various sections of the Railway Act,
Parliament itself enacted maximum rates for the transportation by rail of
western grain to the head of the lakes. Subsequently, the Board made the
same scale of rates effective for shipment of western grain via Pacific ports.
I am not aware of similar action by Parliament in respect of any other com-
modity. I think, therefore, that one may well hold that shipments of grain
to terminal elevators may be treated as an exception to the general demurrage
tariff. For many years the railways have so treated it, and I can find no
sound reason at the present time for altering the method adopted by the rail-
ways in the past".
and in 47 C.R.C. p 52: —
"Under all these conditions, and following the precedent established by
the Board in a large number of cases, the Board thinks this tariff should be
disallowed. It was argued by counsel for the railways that under the provi-
sions of the Railway Act we could not disallow a tariff without submitting a
new one. However, we have acted so in a number of cases. This tariff must
be disallowed as unjust and unreasonable. If in the future the railways desire
to bring the matter up again, under new conditions, when the situation has
changed or improved, the Board will be glad to hear all that is urged, and the
evidence now submitted will be preserved and may be very useful on a sub-
sequent occasion".
10. DISCUSSION
The question before us is not new.
While some of the surrounding circumstances have changed since Chief
Commissioner Guthrie's Judgment in 1937 supra, the changes are more in
degree or intensity rather than in fact. There is little difference, if any, in
the principles involved, in the plea of the railways and the objections thereto.
144
The grain interests again allege that they cannot physically exercise control
over the movement of cars to terminal elevators because the Wheat Board
owns all the grain and they are subject to its Orders.
The crux of the situation is that under the present system devised for
the purchasing, storage and marketing of grain, railway equipment is being
used as a vast ancillary storage bin.
The few elements of control of movement of cars of grain the railways
possess such as embargoes, restricted loading and Section 8 of the Bulk Grain
Bill of Lading may alleviate but cannot cure the results of the system at
present in use. But there is nothing in the Canada Grain Act or the Wheat
Board Act that I can find that in statutory terms compels a departure from the
pertinent provisions of the Railway Act insofar as tolls or tariffs are con-
cerned. And there is nothing in the Railway Act which authorizes the rail-
ways to provide services free of charge save and except the provisions in
Section 350, 351 and 352 which deal with reduced rates and free transporta-
tion, the provisions of which have no application in this case. Neither does the
Railway Act, in my opinion, give this Board power under any circumstances,
to compel a Railway under its jurisdiction to provide the use of its facilities
or equipment free of charge.
The Board must see upon complaint, application, or investigation that
charges are just and reasonable, and it is only in this limited sphere that the
Board is given a discretion. It is at this point that I respectfully differ with
Chief Commissioner, Guthrie's decision and I may add some of our former
decisions with respect to demurrage charges where demurrage was disallowed
in toto. Chief Commissioner Guthrie in his Judgment stated inter alia: —
"It was argued by Counsel for the railways that under the provisions of
the Railway Act, we could not disallow a Tariff without submitting a new one.
However, we have acted so in a number of cases. This tariff must be disallowed
as unjust and unreasonable".
Again in the present case, Mr. Spence for the Canadian Pacific Railway
and Mr. Macdougall for the Canadian National Railways presented sub-
stantially the same legal argument which Mr. Green had advanced to the
Board in 1937, and which was dealt with by Chief Commissioner Guthrie in
his words quoted above, which can be found in 47 C.R.C., p. 52.
Without referring to these arguments in extenso although adopting the
reasoning therein, my opinion is that in law the conclusion is correct that wide
as the powers of the Board may be, they do not extend to the point whereby
out of sympathy or through any other urging, including circumstances
beyond the power of a consignee to control, the Board can disallow in toto
what is a legal charge for use of railway equipment. But to reiterate, we
can use our discretion to see that the charge made, under all the circumstances,
is just and reasonable.
If the above finding in law is correct, then it only remains under Section
328 (1) of the Railway Act to either require the railways to substitute a tariff
satisfactory to the Board, or the Board itself may prescribe one in lieu of the
one disallowed or under suspension. In the light of all the evidence we have
heard in this vexed case, I think the Board should prescribe a tariff which it
deems under all the circumstances to be just and reasonable.
145
11. FINDINGS
The railways have proposed the institution of the demurrage regulations
prescribed by the Board and contained in Canadian Car Demurrage Bureau
Tariff C.T.C. 5 on cars of grain consigned to public and semi-public terrninal
elevators in Western Canada, and held by the railways awaiting acceptance
by consignees for unloading. Such regulations, inter alia, permit a free
time allowance of forty-eight hours (two days) for unloading. The railways
state they seek the institution of these regulations as a deterrent to the use of
their equipment for storage purposes, and not as a means of securing additional
revenue.
Upon what has been submitted, it appears to me that demurrage regula-
tions designed for traffic generally would not be just and reasonable for the
grain traffic here under review. The transportation by the railways of the
Canadian grain crop to terminal elevators in Western Canada is unique,
differing substantially from the transportation of all other commodities.
Under the circumstances, I am of the opinion that the free time allowance
period of two days proposed to be made applicable by the railways would be
unjust and unreasonable in respect to grain traffic transported to terminal
elevators in Western Canada.
The holding of railway equipment under load beyond a reasonable time
under any circumstances, either the grain now under review or any other
commodity, is not in the national interest when such railway equipment is
in demand by the general shipping public of Canada and the right is thus
denied the railways to earn more revenue on their equipment. Railway
equipment is for the transportation of the commerce of the country and in the
public interest must necessarily be used for that purpose. The western grain
crop of Canada is traditionally one of Canada's principal exports and con-
sequently I think such traffic should be accorded a more liberal free time
allowance for unloading than that proposed to be made applicable by the
railways.
A review of the railway tariff schedules on file with the Board indicates
that western Canadian grain is transported to terminal elevators located at
the Pacific Coast and also at Churchill at export commodity freight rates. It
is also transported to the Lakehead at rail commodity rates that have been
stated by the Board to be essentially export rates (In re hold-down on
Domestic Grain Rates, 70, C.R.C. at p 183). The western grain crop being
essentially and traditionally export traffic should be more appropriately related
to the more liberal demurrage regulations prevailing on such traffic than the
regulations that have been established for traffic generally. As illustrated
earlier in this Judgment, five free days and ten free days, depending upon
the origin and final destination of the traffic, have been allowed voluntarily by
the railways on traffic destined to Eastern and Pacific ports for export and for
furtherance by water. Different demurrage charges apply on such export and
furtherance traffic upon expiration of the said free time unloading periods.
Upon full review and consideration of demurrage regulations prevailing
on all traffic and of the evidence in this case, I am of the opinion and hereby
| find, that ten days is a reasonable and just free time allowance for the
unloading of grain traffic in Western Canada, other than at Port Arthur and
Fort William; and that for such unloading at Port Arthur, and Fort William
a reasonable and just free time allowance is also ten days, except that
in computing such free time no part of the period commencing on the first
day of March and ending on the date of the opening of navigation at Port
Arthur and Fort William, in any year, shall be counted; and that after the
146
expiration of the free time the demurrage charges as contained in Canadian
Car Demurrage Bureau Tariff No. 5 should apply thereon. The additional free
days, over and above ten, in respect of certain cars of grain at Port Arthur
and Fort William are thus allowed, primarily because of the congestion there,
at and prior to the opening of navigation of loaded grain cars which is inherent
in the marketing and transportation of the tremendous volume of grain that
moves through these two ports and the necessity of having a large "build-up"
of supply of cars of grain there for the opening of navigation each year..
12. ORDER
In compliance with the findings herein, the Board hereby amends Rule 3
of the "Canadian Car Demurrage Rules" prescribed by General Order 201
dated August 1, 1917, by adding the following paragraphs to the Exceptions
appearing in the said Rule 3: —
(4) 10 days free time shall be allowed for unloading grain consigned to
public and semi-public terminal elevators in the portion of Canada
west of Port Arthur and Fort William, Ontario.
(5) For unloading grain consigned to public and semi-public terminal
elevators at Port Arthur or Fort William ten days free time shall also
be allowed, except that in computing such free time no part of the
period commencing on the first day of March and ending on the date
of the opening of navigation at Port Arthur and Fort William, in
any year, shall be counted.
and directs the railways to publish such amendment in Canadian Car Demur-
rage Bureau Tariff C.T.C. No. 5, on not less than 30 days' notice, effective not
earlier than July 1, 1958.
An Order will go accordingly.
A number of allegations, suggestions, submissions and arguments were
made, and evidence was given thereon, in addition to those referred to
in this Judgment, but in view of the findings herein I do not consider that
it is necessary in this Judgment to refer to any of them specifically or to
dispose of them individually, although all have received the Board's considera-
tion insofar as they were relevant in disposing of the whole matter.
Dated at Ottawa, this twenty-seventh day of May, 1958.
HUGH WARDROPK
I concur:
A. SYLVESTRE
I concur:
FRANK M. MACPHERSON
147
ORDER No. 94426
In the matter of application of North-West Line Elevators Association, on
behalf of its member companies pursuant to the provisions of the
Railway Act of Canada, being Chapter 234 of the Revised Statutes of
Canada 1952, and amendments thereto, for an Order under section
328 and other relevant sections of the said Act, disallowing Canadian
Car Demurrage Tariff C.T.C. No. 5, to the extent that said tariff might
be construed as including demurrage charges on bulk grain unloaded
into public and semi-public terminal elevators in Western Canada:
File No. 1700.397
Tuesday, the 27th day of May, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon hearing the application at sittings of the Board at Ottawa in the
presence of Counsel and parties whose appearances are set forth in the Judg-
ment herein dated the 27th of May, 1958 —
It is hereby ordered as follows:
1. Rule 3 of the Canadian Car Demurrage Rules, set forth in General
Order No. 201, dated August 1, 1917, is amended by adding the following
paragraphs to the Exceptions in the said Rule:
(4) 10 days free time shall be allowed for unloading grain consigned to
public and semi-public terminal elevators in the portion of Canada
west of Port Arthur and Fort William, Ontario.
(5) For unloading grain consigned to public and semi-public terminal
elevators at Port Arthur or Fort William ten days free time shall
also be allowed, except that in computing such free time no part
of the period commencing on the first day of March and ending on the
date of the opening of navigation at Port Arthur and Fort William, in
any year, shall be counted.
2. The said amendment shall be published in a Supplement to Canadian
Car Demurrage Bureau Tariff C.T.C. No. 5 on not less than 30 days' notice,
effective not earlier than July 1, 1958.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
148
ORDER No. 94597
In the matter of the application of Interprovincial Pipe Line Company, herein-
after called the "Applicant", dated May 7, 1958, under sections 11 and 12
of the Pipe Lines Act, for an Order granting it leave to construct a pipe
line for the transportation of oil from a point on the south side of the
LaSalle Road in the Township of Moore, Lambton County, Province of
Ontario, where the LaSalle Road is intersected by the southerly extension
of the eastern boundary of Polymer Road to a point on the eastern
boundary of property owned by Sun Oil Company Limited in Lot C,
Range 7, Registered Plan 122, City of Sarnia, Province of Ontario, all
as shown on Location Plan No. D-5.6-235-0, being a plan of a proposed
24-inch crude oil pipe line to Sun Oil Refinery, both of the said points
being within or in the vicinity of the City of Sarnia, the distance between
them being slightly in excess of one mile:
File No. 45371.2.55
Monday, the 16th day of June, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
This application having come on for hearing at Ottawa, Ontario, before the
Assistant Chief Commissioner, the Deputy Chief Commissioner and Mr. Com-
missioner Knowles, in the presence of Counsel for the Applicant, Counsel for
Canadian National Railways, Counsel for Mr. Russell Hewitt and the said
Russell Hewitt in person;
And upon hearing the matter it appears to the Assistant Chief Commis-
sioner and the Deputy Chief Commissioner, and they so find,
(a) that the Government of the Province of Ontario and the Department
of Citizenship and Immigration, Indian Affairs Branch, do not object
to the granting of the application;
(b) that the City of Sarnia and the Corporation of the Township of Moore
have no objection to the crossing of LaSalle Road by the said pipe
line as shown on the said plan;
(c) that the owners of land across which the line is proposed to be con-
structed, except the said Russell Hewitt, have agreed with the
Applicant to permit the line to be constructed across their lands and
do not object to the granting of the application;
(d) that the suggested alternative location for the line, through the Indian
Reserve and lands on the west side of the railways, has been sought
by the Applicant but is not available for the line;
(e) that no suitable location for the line, other than the location applied
for, is available to the Applicant;
(f) that in respect of the objection of Russell Hewitt that the construction
of the line across his land as applied for will damage the land and
make it less suitable for industrial and development purposes, section 8
of the Pipe Lines Act requires the Applicant to make full compensation
in the manner provided in that Act or a Special Act to all persons
interested for all damage sustained by them by reason of the exercise
of the powers granted to the Applicant by the said Acts, and the
manner so provided by section 30 of the Pipe Lines Act is as provided
in section 207 to 246 of the Railway Act under which the determination
149
of such compensation is not a function of this Board; and the fact
that such damage may be sustained is not in the circumstances a
sufficient ground to warrant refusal by the Board to grant the
application;
(fif) that in respect of the submission on behalf of Canadian National Rail-
ways that if the Board grants the application it should impose a
condition that the Applicant bear the cost of any future construction
of Canadian National Railways' tracks across the pipe line, the con-
struction of such tracks is a matter that can more appropriately be
dealt with by the Board if and when it arises than at this time; and
(h) that in the public interest the application should be granted.
And it is hereby ordered as follows, Mr. Commissioner Knowles contra for
reasons which he will give separately in writing:
1. Leave is granted to the Applicant to construct a pipe line, as applied
for, for the transportation of oil from a point on the south side of the LaSalle
Road in the Township of Moore, Lambton County, Province of Ontario, where
the LaSalle Road is intersected by the southerly extension of the eastern
boundary of Polymer Road to a point on the eastern boundary of property
owned by Sun Oil Company Limited, which boundary is also the west limit
of the railway right of way of Chesapeake and Ohio Railway Company, in
Lot C, Range 17, registered plan No. 122, City of Sarnia, Lambton County,
Province of Ontario, all as shown on location plan No. D-5. 6-235-0, on file
with the Board under file No. 45371.2.55.
2. The Applicant is exempted from the provisions of subsections (1) and
(2) of section 12 of the Pipe Lines Act for the purposes of the said application.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
150
ORDER No. 94659
In the matter of the application of Messrs. Hu Harries and Associates, on behalf
of Alberta Phoenix Tube & Pipe Limited, for elimination of unjust
discrimination and undue preference alleged to exist in respect of rates
on Skelp and Pipe, from eastern points to Edmonton, Alberta, and Van-
couver, B.C., under the provisions of the Railway Act, Chapter 234, and
the Transport Act, Chapter 271, R.S.C., 1952; and the Judgment and
Order No. 94129, dated April 17, 1958, therein:
— and —
In the matter of the application of Canadian National Railways and Canadian
Pacific Railway Company under section 52 of the Railway Act for review
and rescission of the said Judgment and Order and for suspension of the
effective date of the Order:
File No. 48703
Tuesday, the 24th day of June, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
The Board having reconsidered the evidence and argument given herein at
Edmonton and considered the additional evidence and argument given at
Ottawa on May 28 and 29, 1958, in the presence of Counsel for Canadian
National Railways and Canadian Pacific Railway Company and Alberta Phoenix
Tube & Pipe Limited, and the Board having reviewed its said Judgment and
Order No. 94129, both dated April 17, 1958, gave its decision at Ottawa in
an Oral Judgment on May 29, 1958 (for which more extensive reasons were
and are to be given in writing at a later date) that nothing material was
advanced that would move the Board to rescind, change or vary the findings
and decision contained in the Judgment and Order under review and that the
suspension contained in paragraph 2 of Order No. 94361, dated May 15, 1958,
herein, would not therefore be continued after June 2, 1958.
It is hereby ordered as follows:
The said Judgment and Order No. 94129, both dated April 17, 1958,
are affirmed, and the application of Canadian National Railways and Canadian
Pacific Railway Company for rescission thereof is dismissed.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
151
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
MAY, 1958.
Railway Accidents 211 Killed 20 Injured 207
Level Crossing Accidents ... 24 Killed 5 Injured 35
Total 235 25 242
Killed
Injured
27
6
166
19
49
25
242
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured Nova Scotia
— 1 Automobile struck by train. Licence: N.S. 11-01-20.
Quebec
1 — Automobile struck by train. Licence: Que. 96380.
Ontario
— 1 Watchman failed to lower gates and struck by train when flagging
crossing.
— 1 Automobile struck by train. Licence: Ont. 64308-C.
— 2 Automobile struck by train. Licence: Ont. 33880-C.
— 2 Tank truck struck by train. Licence: Ont. 57252-B.
— 2 Automobile struck by train. Licence: Ont. 574-802.
— 1 Auto truck struck by train. Licence: Ont. 59-810.
1 — Automobile ran into side of train. Licence: Ont. 385-108.
— 2 Automobile struck by train. Licence: Ont. 442-940.
— 1 Pedestrian walked into side of train.
— 1 Automobile struck by train. Licence: Ont. A-96073.
— 2 Automobile struck by train. Licence: Ont. A-93570.
— 1 Automobile struck by train. Licence: Ont. 941-013.
— 1 Automobile ran into side of train. Licence: Ont. F- 16536.
— 1 Automobile struck by train. Licence: Ont. 5900-X.
— 5 Automobile struck by train. Licence: Ont. 979-160.
— 1 Tractor trailer skidded into side of train. Licence: Ont. 42360-C.
Manitoba
— 1 Automobile struck by train. Licence: Man. 9-N-693.
Saskatchewan
— 3 Automobile struck by train. Licence: Sask. 177-153.
— 1 Automobile struck by train. Licence: Sask. 65-345.
2 4 Automobile struck by train. Licence: Sask. 150-316.
1 — Auto truck struck by train. Licence: Sask. C-19-266.
British Columbia
— 1 Automobile struck by train. Licence: B.C. 283-028.
Of the 24 accidents at highway crossings, 18 occurred at unprotected crossings,
6 at protected crossings, 18 occurred after sunrise and 6 after sunset.
Ottawa, Ontario, June 20, 1958.
152
SUMMARY OF ORDERS ISSUED BY THE BOARD
94522 June 6 — Authorizing the Quebec & North Shore and Labrador Railway Com-
pany to operate its trains under the overhead bridge in the
Municipality of Schefferville, P.Q.
94523 June 6 — Authorizing the C.P.R. to construct a temporary track diversion
in the City of Montreal, P.Q., at Mileage 8.81 Park Avenue Subd.
94524 June 6 — Authorizing The Consumers' Gas Company to construct a gas main
under the company pipe line of Trans-Canada Pipe Lines Limited
in the Twp. of Elizabethtown, Ont.
94525 June 6 — Authorizing Consumers' Gas Company to construct gas mains across
the company pipe line of Trans-Canada Pipe Lines Limited at
Thomas Street, Twp. of Toronto, Ont.
94526 June 6 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
94527 June 6 — In the matter of application of the Dept. of Public Works for N.B.
for authority to construct the highway across the right of way of
the C.N.R. by means of an overhead bridge at Oromocto, Co. of
Sunbury, N.B., Mileage 59.5 Centreville Subd.
94528 June 9 — In the matter of the application of the C.P.R. on behalf of McColl-
Frontenac Oil Company Limited for approval of the proposed
location of facilities for the handling and storage of flammable
liquids at Sprague, Ont., Mileage 41.0 Thessalon Subd.
94529 June 9 — In the matter of application of the C.N.R. and C.P.R. for an order
approving certain plans in connection with protection installed at
Denison Ave., Weston, Ont.
94530 June 9 — In the matter of Section 24 of the Railway Act.
94531 June 10 — Authorizing the B.C. Dept. of Highways to temporarily relocate the
Trans-Canada Highway where it crosses the C.P.R. at Mileage 19.32
Cascade Subd., B.C.
94532 June 10 — Requiring the C.N.R. to install certain protection at the crossing of
their railway and Victoria Road, Guelph, Ont.
94533 June 10 — In the matter of application of The Bell Telephone Co. of Canada
for approval of Supplement to Traffic Agreement dated October 22,
1957, between it and the Rainy River Munic. Telephone System.
94534 June 10 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.N.R. by means of an overhead bridge
at Mileage 113.95 Centreville Subd., New Brunswick.
94535 June 10 — Authorizing the Alta. Dept. of Highways to widen Highway No. 41
where it crosses the C.N.R. at Mileage 138.26 Unity Subd., Alta.
94536 June 10 — Permitting the removal of slow order at C.N.R. crossing east of
Rosetown, Sask., Mileage 68.82 Rosetown Subd.
94537 June 10 — Relieving the C.N.R. from erecting right of way fencing between
certain mileages on the north side of their Gladstone Subd.,
Manitoba.
94538 June 10 — Authorizing the C.P.R. to operate under the suspension bridge over
its right of way at Mileage 42.79 Cascade Subd., B.C.
94539 June 10 — Relieving the C.N.R. from erecting cattle guards and return fences
at the crossing of the highway at Mileage 51.1 Victoria Beach Subd.,
Manitoba.
94540 June 10 — Authorizing the C.N.R. to use the timber bridge over the Pikwitonei
River, Mileage 213.5 Thicket Subd., Manitoba.
94541 June 10 — Authorizing the B.C. Power Commission to construct an aerial
transmission line across the company pipe line of Westcoast Trans-
mission Company Limited, in the Peace River Land District of B.C.
94542 June 10 — Approving plan showing location of a deviation of Westspur Pipe
Line Company's gathering lines in the Province of Saskatchewan.
94543 June 10— Authorizing the C.N.R. to use the bridge at Mileage 72.3 Flin Flon
Subd., Manitoba.
153
94544 June 10— Authorizing the C.N.R. to operate the bridge over the Valley River,
at Mileage 42.0 Togo Subd., Man.
94545 June 10— Approving plan showing the deviation in the location of Westspur
Pipe Line Company's gathering lines in the Province of
Saskatchewan.
94546 June 10— Approving the deviation of a portion of Westspur Pipe Line Com-
pany's gathering lines in the Province of Saskatchewan.
94547 June 10— Authorizing Trans-Northern Pipe Line Company to relocate _ a
portion of its company pipe line in the Twp. of East York, Ontario.
94548 June 10— Authorizing the C.N.R. to operate the bridge over the Silcox River,
Mileage 396.2 Herchmer Subd., Manitoba.
94549 June 11— Authorizing the Munic. of Metropolitan Toronto to construct Bay-
view Avenue extension across the right of way and under the
trestle of the C.P.R. at Mileage 105.19 Oshawa Subd.
94550 June 1 1— Authorizing the Munic. of LaSalle, P.Q., to construct Jolicoeur
Street across the C.P.R. at Mileage 3.7 LaSalle Loop Line.
94551 June 1 1— Authorizing the Alta. Department of Highways to construct the
highway across the Walburg-Bonnyville Branch of the C.N.R.
94552 June 11— Approving plan showing deviation of a portion of Trans-Canada
Pipe Lines Limited company's pipe line in the Twp. of Morrison,
Ontario.
94553 June 1 1— Authorizing the City of Brantford, Ontario, to construct Ava Road
across the tracks of the C.N.R. by means of an overhead bridge.
94554 June 11— Rescinding Order No. 88635, dated April 19, 1956, in the matter of
facilities of Imperial Oil Limited for loading crude oil into tank
cars from tank trucks at Steelman, Saskatchewan.
94555 June 1 1— Rescinding Order 87725, dated January 3, 1956, in the matter of
facilities of Imperial Oil Limited, for loading crude oil into tank
cars from tank trucks at Nottingham, Saskatchewan.
94556 June 12— Authorizing the C.N.R. to remove the caretaker at South River,
Nova Scotia.
94557 June 12 — Authorizing the N.Y.C. Railway Company to remove the station
agent and station buildings at Chateauguay, P.Q.
94558 June 12 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
94559 June 12 — In the matter of application of the Ontario Northland Rly. Co. for
Order extending the time within which it is required by Order
92322, dated August 19, 1957, to install automatic signals at crossing
of the Nipissing Central Rly. and Highway 59 (Arntfield Road)
at Mileage 56.3 Kirkland Lake Subd., P.Q.
94560 June 12 — In the matter of application of Trans-Canada Pipe Lines Limited,
for leave to carry its company pipe line across the right of way
and track of the Ontario Northland Rly. in the Township of Maison-
ville and Carr, Ontario.
94561 June 12 — Authorizing Trans-Canada Pipe Lines Limited to carry its company
pipe line across the track of the Ontario Northland Railway com-
pany, Township of Widdifield, Ontario.
94562 June 12 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 2.81 Princeton Subd., B.C.
94563 June 12 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 2.42 Princeton Subd., B.C.
94564 June 12 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 63.26 Yale Subd., B.C.
94565 June 12 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Carman Subd., Man.
94566 June 13 — Authorizing Trans-Canada Pipe Lines Limited to carry its company
pipe line across the track of the Ontario Northland Railway, Twp.
of Armstrong, Ontario.
154
94567 June 12 — Authorizing the B.C. Power Commission to construct a transmission
line over the company pipe line of Westcoast Transmission Company
Limited, in Cariboo Land District, B.C.
94568 June 12 — Authorizing the B.C. Power Commission to construct an aerial
transmission line over the company pipe line of Westcoast Trans-
mission Company Limited, in the Province of B.C.
94569 June 12 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Webbwood Subd., Ontario.
94570 June 12 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Cartier Subd., Ontario.
94571 June 12 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its North Bay Subd., Ontario.
94572 June 12 — Authorizing Trans Mountain Oil Pipe Line Company to construct
a company pipe line across and under Dunbar Street, Munic. of
Surrey, B.C.
94573 June 12 — Authorizing the Trans Canada Pipe Lines Limited to carry its com-
pany pipe line across the track of the Ontario Northland Railway
in the Township of Coleman, Ontario.
94574 June 12 — Relieving the C.P.R. from erecting fencing between certain mileages
on its Lariviere Subdivision, Manitoba.
94575 June 12 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Thessalon Subdivision, Ontario.
94576 June 12 — Authorizing the Nova Scotia Department of Highways to divert the
highway to permit the elimination of existing level crossings at
mileage 65.76 and 66.0 Yarmouth Subdivision, Village of Roseway,
Nova Scotia.
94577 June 13 — In the matter of the application of the Department of Public Works
of the Province of New Brunswick for authority to construct the
Trans-Canada Highway across the right of way of the C.N.R. by
means of an overhead bridge in the Parish of Salisbury, Westmor-
land County, Province of New Brunswick, at mileage 19.57 Sussex
Subdivision.
94578 June 13 — Authorizing the C.P.R. to operate the bridge at mileage 10.2
Coquihalla Subdivision, British Columbia.
94579 June 13 — Authorizing the C.N.R. to construct a bridge over the creek at
mileage 86.9, St. Felicien-Chibougamau Line, Quebec.
94580 June 13 — In the matter of the application of C.N.R. on behalf of Imperial
Oil Limited, for approval of location of proposed additional facilities
for the handling and storage of flammable liquids at Orillia,
Ontario.
94581 June 13 — In the matter of the application of C.N.R. on behalf of Pacific
Petroleums Limited, for approval of location of facilities for the
handling and storage of flammable liquids at Prince George, British
Columbia.
94582 June 13 — In the matter of the apportionment of the cost of installation,
maintenance and operation of the protection which the C.N.R.
were authorized by Order No. 91130, dated March 7, 1957, to install
at the crossing of the diverted section of their Cornwall Subdivision
and County Road No. 15 at mileage 73.8 Cornwall Subdivision, in
the Province of Ontario.
94583 June 13 — In the matter of the application of the Ontario Northland Railway
Company for an Order extending the time within which it is
required by Order No. 92321, dated August 19, 1957, to install two
flashing light signals and one bell at the crossing of the highway
and the Nipissing Central Railway at mileage 33.5 Kirkland Lake
Subdivision, in the Province of Quebec.
94584 June 13 — Authorizing The Toronto Harbour Commissioners to construct a
siding to serve Commissioners' Marine Terminal No. 15, Toronto,
Ontario.
155
94585 June 13 — Authorizing the C.N.R. to reconstruct a portion of their approach to
the ore dock at Port Arthur, Ontario.
94586 June 13 — Permitting the removal of slow order at C.N.R. crossing east of the
station at Tofield, Alberta.
94587 June 13 — Permitting the removal of slow order at C.N.R. crossing at mileage
27.78 Picton Subdivision, Ontario.
94588 June 13 — Authorizing the Trans-Canada Pipe Lines Limited to carry its
company pipe lines across the track of the Ontario Northland Rail-
way at certain locations in the Province of Ontario.
94589 June 13 — Authorizing the C.N.R. to operate their trains over the siding serving
the freehold lands of Lever Brothers Limited, Toronto, Ontario.
94590 June 13 — Requiring the C.N.R. to install certain protection at the crossing of
Chamberlain Street in Amherst, Nova Scotia.
94591 June 16 — Authorizing the City of Ottawa to improve approach grades leading
up to the main line track of the C.N.R. at St. Laurent Boulevard.
94592 June 16 — Authorizing The Consumers' Gas Company to construct its pipe
line across the tracks of the C.N.R. in the Township of Markham,
Ontario.
94593 June 16 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.N.R. under Sections 3 and 8.
94594 June 16 — In the matter of Section 24 of the Railway Act.
94595 June 16 — Permitting the removal of slow order at C.P.R. crossing near
Crumlin, Ontario.
94596 June 17 — Authorizing the C.P.R. to operate over the subway crossing its right
of way at Ballantyne, Quebec.
94597 June 16 — In the matter of the application of Interprovincial Pipe Line Com-
pany for leave to construct an oil pipe line from a point on the
LaSalle Road, Township of Moore, to a point on the property owned
by the Sun Oil Company Limited, Sarnia, Ontario.
94598 June 17 — Authorizing the C.N.R. to reconstruct the bridge over Tulip Avenue,
Victoria, British Columbia.
94599 June 17 — Authorizing the British Columbia Power Commission to construct
its power line across the company pipe line of the Westcoast
Transmission Company Limited in the Cariboo Land District, British
Columbia.
94600 June 17 — Authorizing the C.P.R. to construct an industrial branch line to
serve the City of St. James, Manitoba.
94601 June 17 — Authorizing the British Columbia Power Commission to construct
its power line across the company pipe line of the Westcoast Trans-
mission Company, Cariboo Land District, British Columbia.
94602 June 17 — Authorizing the Department of Highways and Transportation of the
Province of Saskatchewan to widen Highway No. 9 where it crosses
the C.P.R. at mileage 91.63 Neudorf Subdivision, Saskatchewan.
94603 June 17 — Authorizing Producers Pipelines Limited to construct its pipe line
across the company pipe line of the Westspur Pipe Line Company,
Province of Saskatchewan.
94604 June 17 — Approving supplement to Service Station Contract between The Bell
Telephone Company of Canada and the Government of Canada,
Department of Mines and Resources (now Department of Northern
Affairs and National Resources) .
94605 June 17 — In the matter of filing of telephone tariffs by the Canadian National
Telegraphs.
94606 June 17 — Relieving the C.P.R. from erecting right of way fencing between
mileage 19.65 and mileage 26.59 and mileage 31.23 and mileage 32.66
on its Bredenbury Subdivision, Manitoba.
94607 June 17— In the matter of the application of the C.N.R. on behalf of North
Star Oil Limited for approval of proposed location of facilities for
the handling and storage of flammable liquids at Angusville,
Manitoba, mileage 92.6 Rossburn Subdivision.
156
94608 June 18— In the matter of application of C.N.R. for approval of plan showing
protection installed at crossing of their railway and Darling Road,
County of Elgin, Ontario.
94609 June 18 — Authorizing the C.N.R. to make improvements in the protection at
the crossing of their railway and Lazard Avenue, Town of Mount
Royal, Quebec.
94610 June 18 — Authorizing the C.N.R. to construct a siding to serve Hiram Walker
and Sons Limited across Walker Road, Windsor, Ontario.
94611 June 18 — Approving supplement to traffic agreement between The Bell
Telephone Company of Canada and the Corporation of the Township
of Chinguacousy.
94612 June 18 — Relieving C.P.R. from erecting right of way fencing between certain
mileages on its Hoadley Subdivision, Alberta.
94613 June 18 — Authorizing the Chesapeake and Ohio Railway Company to install
an automatic interlocker at Wallaceburg drawbridge, Wallaceburg,
Ontario.
94614 June 18 — Approving plan showing deviation of C.N.R. railway line from a
point of their Rouses Point Subdivision, south of Brosseau Road to a
point on their Granby Subdivision, north of Ina Road, County of
Chambly, Quebec.
94615 June 18 — In the matter of the application of the C.P.R. on behalf of Imperial
Oil Limited for approval of the proposed location of additional
facilities for the handling and storage of flammable liquids at
Picture Butte, Alberta.
94616 June 18 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
94617 June 18 — In the matter of the application of the Department of Roads of
the Province of Quebec for improvement to the protection installed
at the crossing of the railway of C.P.R. and Highway No. 48 north
of Joliette, in the Province of Quebec, mileage 7.7 St. Gabriel
Subdivision.
94618 June 19 — Authorizing the Trans-Canada Pipe Lines Limited to construct its
company pipe line across the Blanche River, Township of Maison-
ville, Ontario.
94619 June 19 — Authorizing the Trans-Canada Pipe Lines Limited to construct its
company pipe line across the Buskegau River, Township of Clute,
Ontario.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
®ratt£port Commissioners fo>~Canaba
\
o iqcp \
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, AUGUST 1, 1958 No. 9
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
GENERAL ORDER No. 832
In the matter of the Canadian Freight Classification and the Express Classifica-
tion for Canada, and Sections 325 and 365 of the Railway Act: And in the
matter of General Order No. 695, dated November 14, 1946.
File No. 25639
Friday, the 13th day of June, A.D. 1956.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
General Order No. 695, dated November 14, 1946, is amended by striking
out the words "Assistant Director, Marketing Service (Fruit and Vegetables),
Department of Agriculture" in paragraph numbered 5 of the said Order and
substituting therefor the following: Chief, Economics Division, Canada Depart-
ment of Agriculture, Ottawa.
HUGH WARDROPE,
Assistant Chief Commissioner.
60692—1
157
158
ORDER No. 94684
In the matter of the application of Interprovincial Pipe Line Company, herein-
after called the " Applicant", for leave to construct a pipe line, consisting
of one or more lines of pipe, for the transportation of oil from a point
in Lot 35, Concession 2, S.D.S. to a point in Lot 34, Concession 3, S.D.S.,
both of the said points being in the Township of Trafalgar, County of
Halton, Province of Ontario, as shown on Location Plan No. E-5-6-241,
the said line being approximately two miles in length:
File No. 45371-2-56
Wednesday, the 25th day of June, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the said application at a sitting of the Board at Ottawa on
June 25, 1958, in the presence of Counsel for the Applicant, a preliminary
motion by Counsel for a landowner for adjournment of the hearing having
been refused, and pursuant to Oral Judgment given by the Board at the
said hearing —
It is hereby ordered as follows:
Leave is granted to the Applicant to construct a pipe line, as applied for,
consisting of one or more lines of pipe, for the transportation of oil from a
point in Lot 35, Concession 2, S.D.S. to a point in Lot 34, Concession 3, S.D.S.,
both of the said points being in the Township of Trafalgar, County of Halton,
Province of Ontario, as shown on Location Plan No. E-5-6-241, the said line
being approximately two miles in length.
HUGH WARDROPE,
Assistant Chief Commissioner.
ORDER No. 94696
In the matter of the application of the Canadian Pacific Railway Company,
under section 18 of the Transport Act, for approval of its Standard
Mileage Freight Tariff C.T.C. No. E. 5269, Great Lakes Steamship
Service, on file with the Board under file No. 42082-7:
Thursday, the 26th day of June, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
The said Standard Mileage Freight Tariff C.T.C. No. E. 5269, Great Lakes
Steamship Service, on file with the Board under file No. 42082-7, is approved,
subject to complaint and investigation and determination as to rates or charges,
as provided by the Transport Act.
HUGH WARDROPE,
Assistant Chief Commissioner.
159
ORDER No. 94697
In the matter of the application of Northwest Steamships Limited, under sec-
tion 18 of the Transport Act, for approval of its Standard Mileage
Freight Tariff C.T.C. No. 60 on file with the Board under file No. 42082-3
Thursday, the 26th day of June, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
The said Standard Mileage Freight Tariff C.T.C. No. 60 of Northwest
Steamships Limited, on file with the Board under file No. 42082-3, is approved
subject to complaint and investigation and determination as to rates or charges,
as provided by the Transport Act.
HUGH WARDROPE,
Assistant Chief Commissioner.
ORDER No. 94700
In the matter of the general freight rates investigation directed by Order in
Council P.C. 1487, dated April 7, 1948, (equalization case) re commodity
freight rates and of section 336 of the Railway Act:
And in the matter of the Judgment and Order No. 92504 therein, dated Sep-
tember 18, 1957:
File No. 47828
Friday, the 27th day of June, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
L. J. Knowles, Commissioner.
Upon application of Canadian Pacific Railway Company and Canadian
National Railways —
It is hereby ordered as follows:
The period within which the railway companies were required by the said
Judgment and Order to make their submissions respecting equalization of
rates in the 38 commodity mileage scales applicable only in Eastern Canada,
and the 38 commodity mileage scales applicable only within Western Canada,
a total of 76 scales, is extended to August 30, 1958.
HUGH WARDROPE,
Assistant Chief Commissioner.
60692— U
160
ORDER No. 94705
In the matter of the application of the Canada Steamship Lines, Limited,
under section 18 of the Transport Act, for approval of their Standard
Mileage Freight Tariff C.T.C. No. 288, on file with the Board under
file No. 42082-1:
Friday, the 27th day of June, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
The said Standard Mileage Freight Tariff C.T.C. No. 288, on file with the
Board under file No. 42082-1, is approved, subject to complaint and investiga-
tion and determination as to rates or charges, as provided by the Transport Act.
HUGH WARDROPE,
Assistant Chief Commissioner.
ORDER No. 94749
In the matter of Order No. 93952, dated March 24, 1958, granting Licence No.
C.T.C. (W.T.) 345 to Canada Steamship Lines Limited (including its
wholly owned subsidiary Northern Navigation Company Limited
operated by the Licensee as its Northern Navigation Division):
File No. 42076-4-2
Wednesday, the 2nd day of July, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Order No. 93952 is amended by adding in paragraph numbered one of the
said Order the following:
Metis 149480 2332
HUGH WARDROPE,
Assistant Chief Commissioner.
161
ORDER No. 94750
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076-4-5
Wednesday, the 2nd day of July, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 346 is issued to Canada Steamship Lines
Limited, for a period of one year commencing January 15, 1958, licensing the
following ships to transport the goods specified herein in the areas designated
herein with respect to each ship:
1. To transport motor vehicles, including passenger cars, trucks and other
self-propelled vehicles, in deck loads, on Lakes Ontario, Erie, Huron (includ-
ing Georgian Bay), and Lake Superior, and their connecting waters, including
the St. Lawrence River and its tributaries as far seaward as Prescott, Ontario.
Official
Gross
Vessel Name
Registry No.
Tonnage
Ashcroft
152641
7726
Donnaconna
134015
8611
Georgian Bay
176116
11392
Hagarty
134250
7462
Lemoyne
152647
10480
Hochelaga
190470
11997
2. To transport pipe; also to transport motor vehicles, including passenger
cars, trucks and other self-propelled vehicles, in deck loads, on Lakes Ontario,
Erie, Huron (including Georgian Bay), and Lake Superior, and their connect-
ing waters, including the St. Lawrence River and its tributaries as far seaward
as Prescott, Ontario.
Official Gross
Vessel Name Registry No. Tonnage
Coverdale 190493 11996
3. To transport pipe on Lakes Ontario, Erie, Huron (including Georgian
Bay), and Lake Superior, and their connecting waters, including the St.
Lawrence River and its tributaries as far seaward as the west end of the Island
of Orleans.
Official Gross
Vessel Name Registry No. Tonnage
Collier 147662 1858
It is further ordered that Order No. 93953, dated March 24, 1958, is
rescinded.
HUGH WARDROPE,
Assistant Chief Commissioner.
162
ORDER No. 94888
In the matter of application of North-West Line Elevators Association, on
behalf of its member companies pursuant to the provisions of the
Railway Act of Canada, being Chapter 234 of the Revised Statutes of
Canada 1952, and amendments thereto, for an Order under section 328
and other relevant sections of the said Act, disallowing Canadian Car
Demurrage Tariff C.T.C. No. 5 to the extent that said tariff might be
construed as including demurrage charges on bulk grain unloaded into
public and semi-public terminal elevators in Western Canada:
— and —
In the matter of the Judgment and Order of the Board No. 94426, both dated
May 27, 1958, therein:
— and —
In the matter of the application of the North-West Line Elevators Association
and the United Grain Growers Limited for suspension and a stay of the
said Judgment and Order and suspension of Supplement No. 5 to Cana-
dian Car Demurrage Tariff C.T.C. No. 5 pending the outcome of an
appeal from the said Judgment and Order to the Supreme Court of
Canada:
File No. 1700-397
Monday, the 14th day of July, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon it appearing to the Board that leave to appeal to the Supreme Court
of Canada from the said Judgment and Order has been granted and that Cana-
dian Pacific Railway Company, Canadian National Railways and the Canadian
Car Demurrage Bureau have consented to the issuance of an order by the
Board suspending and staying the said Judgment and Order and suspending
the said Supplement No. 5 pending the outcome of the said appeal, and upon
consideration of the submissions on file —
It is hereby Ordered as follows, upon the said consent of the parties —
The amendment of Rule 3 of the Canadian Car Demurrage rules and the
direction to the railways to publish the amendment, set forth in the said Judg-
ment and Order, and Supplement No. 5 to the Canadian Car Demurrage
Tariff C.T.C. No. 5 are suspended until otherwise ordered by the Board.
HUGH WARDROPE,
Assistant Chief Commissioner.
163
SUMMARY OF ORDERS ISSUED BY THE BOARD
94620 June 19 — Requiring the C.P.R. to install certain protection at the crossing
of its railway and the railway of the Midland Rly. Company of
Manitoba, at St. Matthews Ave., Winnipeg, Man.
94621 June 19 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipe line across Marten Lake, Twp. of McLaren, Ont.
94622 June 19 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipe line across the Frederickhouse River, Twp. of Clute,
Ontario.
94623 June 19 — In the matter of application of the C.N.R. for approval of certain
plans showing the construction of Highway 11 across their right of
way at Mileage 32.93 Huntsville Subd., Ontario.
94624 June 19 — Authorizing Trans Canada Pipe Lines Limited to construct its
company pipe line across the White Clay River, Twp. of Maisonville,
Ontario.
94625 June 19 — Requiring the C.N.R. to install certain protection at the crossing of
the County Road east of the station at Kerrwood, Ontario.
94626 June 19 — Requiring the C.N.R. to install certain protection at the crossing of
Craig St., Richmond, P.Q.
94627 June 19 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 36 across the C.N.R. by means of an overhead bridge in the
Twp. of Ops, Ontario.
94628 June 20 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 6 at Mileage 6.19 Cascapedia Subd., Quebec.
94629 June 20 — In the matter of application of the C.N.R. for an Order extending
the time within which it is required by Order No. 93266 to install
automatic protection at the crossing of the highway west of Grand
Falls Station, Newfoundland.
94630 June 20 — Authorizing the C.N.R. to operate over the bridge crossing the creek
at Mileage 70.4 Skeena Subd., B.C.
94631 June 20 — Authorizing the C.N.R. to operate over the bridge crossing the
Bulkley River, Mileage 70.1 Telkwa Subd., B.C.
94632 June 20 — Authorizing the Sask. Dept. of Highways and Transportation to
construct Highway 27 across the C.N.R. at Mileage 34.54 Aberdeen
Subdivision.
94633 June 20 — Authorizing the C.N.R. to operate the bridge over Nicholson Creek,
B.C., Mileage 9.3 Skeena Subd.
94634 June 20 — Requiring the C.N.R. to install certain protection at the crossing of
the highway north of Rosseau Road Stn., Ontario.
94635 June 20 — Requiring the C.P.R. to install certain protection at the crossing of
the highway at Mileage 12.51 Parry Sound, Ontario.
94636 June 20 — In the matter of installation of automatic protection at the crossing
of the C.P.R. and Dyke Street at Warren, Ontario, Mileage 43.09
Cartier Subd.
94637 June 20 — Approving plan etc. showing location of Interprovincial Pipe Line
Company's pipeline from a point on LaSalle Road, Twp. of Moore,
to a point on the property owned by Sun Oil Company Limited,
Sarnia, Ontario.
94638 June 20 — Permitting removal of slow order at C.N.R. crossing west of Kingston,
Ontario.
94t>39 June 20 — In the matter of application of the C.N.R. on behalf of Imperial Oil
Limited, for approval of location of additional facilities for handling
and storage of flammable liquids at Watson, Sask.
94640 June 23 — Requiring the C.N.R. to install certain protection at the crossing of
Smythe Street, Fredericton, N.B.
94641 June 23 — Authorizing the C.N.R. to use the bridge over the Bulkley River,
B.C., Mileage 64.7 Telkwa Subd.
94642 June 23 — Permitting the removal of slow order at the C.P.R. crossing west of
Templeton, P.Q.
94643 June 23 — Authorizing the C.N.R. to relocate the siding serving Imperial Oil
Limited where it crosses Vidal Street, Sarnia, Ontario.
164
94644 June 23 — Authorizing the City of Port Arthur, Ontario, to widen Memorial
Avenue where it crosses the C.N.R.
94645 June 23 — Authorizing the C.N.R. to open for the carriage of freight traffic a
portion of its line in the Twp. of Gloucester, Ontario.
94646 June 23 — Authorizing the Sask. Dept. of Highways and Transportation to con-
struct Highway 4 across the C.N.R. at Mileage 67.53 Blaine Lake
Subd., Sask.
94647 June 23 — In the matter of temporary permission granted to Gibson Petroleum
Co. Ltd. to load crude oil into tank cars from tank trucks at Eckville,
Alberta.
94648 June 23 — Authorizing the C.N.R. to construct a siding to serve Shell Oil
Company of Canada Ltd., in the Town of Chibougamau, P.Q.
94649 June 23 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.P.R. by means of an overhead bridge
at Mileage 47.84 Shogomoc Subd., N.B.
94650 June 23 — Authorizing the C.N.R. to relocate their tracks between Mileages 3.0
and 4.0 Bala Subd., Ontario.
94651 June 23 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 8 where it crosses the C.N.R. at Mileage 82.49
Cromer Subd.
94652 June 23 — Authorizing the C.N.R. to operate over the bridge crossing the
Bulkley River, B.C., Mileage 65.3 Telkwa Subd.
94653 June 23 — Authorizing the Munic. District of Taber No. 14 to construct the
highway across the C.P.R. at Mileage 34.81 Suffleld Subd., Alta.
94654 June 23 — In the matter of application of the City of Sarnia, Ont., for
authority to construct St. Andrew Street at grade across the Froom-
field Spur of the C.N.R. at Mileage 0.20, and across the Farm Track
Spur of the C.N.R. at Mileage 0.22, Sarnia, Ontario.
94655 June 23 — In the matter of apportionment of cost of future maintenance of the
subway carrying tracks of the Toronto Transit Commission under the
tracks of the C.N.R. in Munic. of Metropolitan Toronto, Mileage 5.3
Oakville Subd., Ontario.
94656 June 23 — Permitting the removal of slow order at C.N.R. crossing at Mileage
73.48 Wabamun Subd., Alta.
94657 June 23 — Permitting the removal of slow order at C.N.R. crossing of
McCowan's Road, Mileage 323.63 Oshawa Subd., Ontario.
94658 June 23 — In the matter of Section 24 of the Railway Act.
94659 June 24 — In the matter of application of Messrs. Hu Harries and Associates
on behalf of Alta. Phoenix Tube and Pipe Ltd., for elimination of
unjust discrimination and undue preference alleged to exist in
respect of rates on Skelp and Pipe from eastern points to Edmonton,
Alta. and Vancouver, B.C., under provisions of the Railway Act,
Chapter 234 and the Transport Act, Chapter 271, R.S.C. 1952, and the
Judgment and Order No. 94129, of April 17, 1958.
94660 June 24 — Authorizing the C.N.R. to remove the caretaker and close the station
at Camlachie, Ontario.
94661 June 24 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Willows, Sask.
94662 June 24 — Authorizing the C.P.R. to operate under the overhead bridge on
Highway No. 7 near Lindsay, Ontario.
94663 June 24 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Estevan Subd., Manitoba.
94664 June 24 — Approving traffic agreement between the Bell Telephone Company
of Canada and the Mono Mills Telephone Company Limited.
94665 June 24 — In the matter of apportionment of costs of construction of pedestrian
overpass over C.N.R. tracks west of Sunnyside Station, Toronto,
Ontario.
94666 June 24 — Authorizing C.N.R. to operate under the overhead bridge at Douglas
St., Victoria, British Columbia.
94667 June 24 — Exempting Trans Mountain Oil Pipe Line Company from submitting
plan with respect to deviations in its company pipe line in the
Kamloops Division Yale District, British Columbia.
165
94668 June 24 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 17.6 Lake Cowichan Subdivision, British Columbia.
94669 June 24 — Authorizing the C.N.R. to use the bridge over the Esquimau and
Nanaimo Railway and Wellington Road, Village of Lake Cowichan,
British Columbia.
94670 June 24 — In the matter of the apportionment of the cost of maintenance of the
subway connecting the Lakeshore Expressway and Riverside Drive
across the right of way of the Canadian National Railway at mileage
4.89 Oakville Subdivision, in the Province of Ontario, which was
authorized to be constructed by Order No. 90903, dated February 7,
1957.
94671 June 24 — Approving under the Maritime Freight Rates Act toll published in
Agreed Charge tariff filed by the Can. Freight Association under
sections 3 and 8.
94672 June 24 — Requiring the C.N.R. to install certain protection at the crossing of
Steeles Avenue at mileage 15.17 Bala Subdivision.
94673 June 24 — Approving under the Maritime Freight Rates Act tolls published in
Tariff filed by the C.P.R. under section 8.
94674 June 25 — Approving clearances on C.P.R. siding serving the Plywood Supply
Company Ltd., of Waterloo, Ontario.
94675 June 25 — Authorizing the C.P.R. to construct a siding across Highway No. 41
Township of Richmond, Ontario.
94676 June 25 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at St. Jude, Quebec.
94677 June 25 — In the matter of consideration of protection at the crossing of the
C.N.R. and 5th St. (Highway No. 9), being the first crossing west
(Time Table) of the station at Drumheller, Alberta, mileage 52.8
Drumheller, Subdivision.
94678 June 25 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings McMorran Subdivision, Saskatchewan.
94679 June 25 — In the matter of the application of Canadian Oil Companies Ltd.,
for an Order rescinding Order No. 89029, dated June 15, 1956,
approving location of facilities for the handling and storage of
flammable liquids at Wimborne, Alberta.
94680 June 25 — In the matter of the application of the C.P.R. on behalf of North
Star Oil Ltd. for approval of the proposed relocation of facilities for
the handling and storage of flammable liquids at Gadsby, Alberta.
94681 June 25 — In the matter of the application of C.N.R. on behalf of North Star
Oil Ltd., for an Order rescinding Order No. 88376, dated March 13,
1956 approving location of facilities for the handling and storage of
flammable liquids at Vermilion, Alberta.
94682 June 25 — In the matter of the application of the C.P.R. for authority to remove
the caretaker at Lavaltrie, Quebec.
94683 June 25 — Permitting the removal of slow order at Coldstream Avenue crossing
of the Esquimalt and Nanaimo Railway in Langford, British
Columbia.
94684 June 25 — Authorizing Interprovincial Pipe Line Company, company pipe line
on Lot 25, Con. 2, S.D.S. to a point in Lot 34, Con. 3, S.D.S., both in
the Township of Trafalgar, Ontario.
94685 June 25 — Approving Plan showing location of Interprovincial Pipe Line Com-
pany, company pipe line on Dundas St., Township of Trafalgar,
Ontario.
94686 June 25 — In the matter of the application of C.N.R. on behalf of Dominion
Rubber Company Limited for approval of the proposed location of
additional facilities for the handling and storage of flammable liquids
at Kitchener, Ontario.
94687 June 25 — In the matter of the location of facilities of the British American Oil
Company Limited for the handling and storage of flammable liquids
at Picton, Ont.
94688 June 25 — Approving under the Maritime Freight Rates Act tolls published in
supplement to agreed Charge Tariff of the Canadian Freight Associ-
ation under sections 3 and 8.
166
94689 June 25 — Approving traffic agreement between the Bell Telephine Company
of Canada, and Le Telephone de St-Ours Enrg.
94690 June 25 — Approving traffic agreement between the Bell Telephone Company
of Canada and the Corporation of the Township of Hay.
94691 June 25 — Approving traffic agreement between the Bell Telephone Company
of Canada and the Department of Lands and Forests, Ontario.
94692 June 26 — Relieving the C.N.R. from erecting right of way fencing east side of
Camrose Subdivision, Alberta.
94693 June 26 — Authorizing Consumers' Gas Company to construct a gas main across
the company pipe line of Trans Northern Pipe Line Company at
Lorne Park Road, Township of Toronto, Ontario.
94694 June 26 — Authorizing C.P.R. to rmove the caretaker at Voligny, Quebec.
94695 June 26 — Relieving the C.P.R. from erecting right of way fencing on the north
side between certain mileages on Thessalon Subdivision, Ont.
94696 June 26 — In the matter of the application of the C.P.R. under section 18 of the
Transport Act, for approval of its Standard Mileage Freight Tariff
C.T.C. No. E. 5269, Great Lakes Steamship Service, on file.
94697 June 26 — In the matter of the application of Northwest Steamships Limited,
under section 18 of the Transport Act, for approval of its Standard
Mileage Freight Tariff C.T.C. No. 60.
94698 June 26 — In the matter of the application of the City of Brockville, in the
Province of Ontario, for installation of automatic protection at the
crossing of Front Avenue and the railway of the C.P.R. in the Town
of Brockville, Province of Ontario, mileage 27.25 Brockville
Subdivision.
94699 June 26 — Authorizing the C.N.R. to make changes in the operating circuits of
the protection at the crossing of Davis Drive, Aurora, Ontario.
94700 June 27 — In the matter of the general freight rates investigation directed by
Order in Council P.C. 1487, dated April 7, 1948, (equalization case)
re commodity freight rates and of section 336 of the Railway Act.
94701 June 27 — Authorizing Consumers' Gas Company to construct a gas main across
the C.N.R. at mileage 19.95 Vanleek Subdivision, Ontario.
94702 June 27 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the Dominion Atlantic Railway Company under
section 8.
94703 June 27— In the matter of the Tariff C.T.C. 25 of The Detroit Company and
Detroit & Canada Tunnel Corporation, issued on February 15, 1958,
to have been effective on March 16, 1958, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit,
Michigan, and which said tariff was suspended by Board's Order No.
93843, dated the 11th of March, 1958, in order to determine the
reasonableness of the said tariff and to permit the applicant to
justify it.
94704 June 27 — Authorizing the Alberta Department of Highways to widen Highway
No. 2 where it crosses the Northern Alberta Railways Company at
mileage 108.96, Grand Prairie Subdivision, Alberta.
94705 June 27 — In the matter of the application of the Canada Steamship Lines,
Limited, under section 18 of the Transport Act, for approval of their
Standard Mileage Freight Tariff C.T.C. No. 288.
94706 June 27— Permitting of slow order at the crossing of Highway No. 12 at
mileage 111.7 Vegreville Subdivision, Alberta.
94707 June 27 — Permitting the removal of slow order at C.N.R. crossing of Tecumseh
Street, Orillia, Ontario.
94708 June 27 — Permitting removal of slow order at C.N.R. crossing at Highway
No. 2, Woodstock, Ontario.
94709 June 27 — In the matter of Order No. 67549, dated June 26, 1946, approving plan
submitted to C.N.R. by Silver-Skagit Logging Company Limited,
showing the proposed location of facilities for the handling and
storage of flammable liquids at Hope, British Columbia.
94710 June 27 — Authorizing the C.P.R. to construct a siding to serve McKenzie
Storage Limited across King Edward Street, St. James, Manitoba.
94711 June 27 — Authorizing the C.N.R. to remove the caretaker and station building
at Kippen, Ontario.
167
94712 June 27 — Authorizing the C.N.R. to remove the station agent at Carberry,
Manitoba.
94713 June 27 — In the matter of the application of C.N.R. on behalf of North Star
Oil Ltd., for approval of relocation of facilities for the handling
and storage of flammable liquids at Togo, Sask. mileage 79.5 Togo
Subdivision.
94714 June 27— In the matter of Orders Nos. 63584, dated May 19, 1943, 66489, dated
September 18, 1945, 66570, dated October 15, 1945 and 69528, dated
September 24, 1947, approving plan submitted to C.N.R. by Shell
Oil Company of British Columbia, showing the proposed location
of facilities for the handling and storage of flammable liquids at
Hope, British Columbia.
94715 June 27 — In the matter of application of the C.P.R. on behalf of The British
American Oil Co. Ltd., for approval of location and facilities for
handling and storage of flammable liquids at Cranbrooke, B.C.,
Mileage 98.4 Cranbrooke Subd.
94716 June 27 — In the matter of application of the C.N.R. on behalf of Imperial
Oil Limited, for approval of relocation of facilities for handling
and storage of flammable liquids at Prince Rupert, B.C.
94717 June 27 — In the matter of filing of tariffs by The Bell Telephone Company
of Canada.
94718 June 27 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.N.R. under Section 3.
94719 June 27 — Authorizing the N.Y.C. Railroad Company to install certain protec-
tion at the crossing of Primeau Road, Primeau, Que.
94720 June 27 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 21 where it crosses the C.P.R. at Mileage 24.35 Broadview
Subd., Man.
94721 June 27 — Authorizing the Amerada Petroleum Corp. to construct an oil pipe
line across the company pipe line of the Westspur Pipe Line Com-
pany at two locations in the Prov. of Sask.
94722 June 27 — Requiring the C.P.R. to install certain protection at the crossing
of Nairn Ave., Winnipeg, Man.
94723 June 27 — Authorizing the N.Y.C. Railroad Company to install certain protec-
tion at the crossing of Highway No. 20 at St. Stanislas, P.Q.
94724 June 27 — Requiring the C.N.R. to install certain protection at the second cross-
ing south of the station at Falding, Ont.
94725 June 27 — Authorizing the C.N.R. to make changes in the protection at the
crossing of Wellington St., Aurora, Ont.
94726 June 27 — Approving operation of C.P.R. trains over private siding serving
Griffin Steel Foundries Limited, Transcona, Man.
94727 June 30 — In the matter of temporary permit granted to Gibson Petroleum
Company Limited to load crude oil into tank cars from tank
trucks at Scottfield, Alta.
94728 June 30 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Lac aux Sables, P.Q.
94729 June 30 — Authorizing the Ontario Dept. of Highways to relocate Highway No.
60 where it crosses the C.N.R. in the Twp. of North Algoma, Ont.
94730 June 30 — Approving plan showing the deviation of a portion of Trans Canada
Pipe Lines' pipe line in the Twp. of Kerns, District of Temiskaming,
Ont.
94731 June 30 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited, for approval of location of facilities for handling and
storage of flammable liquids at Ashcroft, B.C., Mileage 47.68
Thompson Subd.
94732 June 30 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 21 where it crosses the C.N.R. between Section 12-9-23WPM.
and Section 7-9-22-WPM., Manitoba.
94733 June 30 — Requiring the C.N.R. to install certain protection at the crossing of
Rosseau Road, Twp. of Foley, Ontario.
94734 June 30 — Permitting the removal of slow order at C.P.R. crossing of Centre
St., Canoe, B.C.
168
94735 June
94736 June
94737
94738
June
June
94739 July
94740 July
94741 July
94742
94743
94744
94745
94746
94747
94748
94749
94750
94751
94752
94753
94754
94755
94756
94757
94758
94759
July
July
July
July
July
July
July
July
July
July
July
July
July
July
July
July
July
July
30 — Approving under the Maritime Freight Rates Act tolls published
in supplementary tariffs filed by the Dominion Atlantic Railway
Company under Section 8.
30 — Authorizing the Sask. Power Corporation to construct a gas pipe
line across the company pipeline of Westspur Pipe Line Company,
Province of Sask.
30 — Approving connecting agreement between The Bell Telephone Com-
pany Limited and the Minister of National Defence.
30 — In the matter of application of the C.N.R. for approval of plan
showing changes in protection at the crossing of Highway No. 7
at Mileage 32.22 Fergus Subd., Ontario.
2 — In the matter of application of the C.N.R. for approval of plan
showing protection as installed at Kalum St., Terrace, B.C., Mileage
24.93 Skeena Subd.
2 — Approving plan submitted by C.N.R. on behalf of North Star Oil
Limited, showing location of facilities for handling and storage of
flammable liquids at Mileage 257 of the Hudson Bay Railway,
Manitoba.
2 — Approving plan submitted by the C.N.R. on behalf of Claydon
Company Limited, showing proposed location of facilities for
handling and storage of flammable liquids at Mileage 348 Herchmer
Subd., near Bird, Manitoba.
2 — Authorizing the N.Y.C. Railroad Company to remove the part-time
agent at Staples, Ontario.
2 — Relieving the C.P.R. from erecting cattle guards at certain crossings
on its Miniota Subd., Man.
2 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 15.54 Milton Subd., Ontario.
2 — Authorizing Trans-Northern Pipe Line Company to deviate a por-
tion of its company pipe line in the Twp. of East York, now in
the City of Toronto, Ontario.
2 — Permitting the removal of slow order at C.P.R. crossing at Mileage
0.78 Gretna Subd., Man.
2 — Requiring the C.P.R. to install certain protection at the crossing of
its railway at Champlain, Quebec.
2 — Requiring the C.N.R. to install certain protection at the crossing
of County Road No. 27 near Paris, Ontario.
2 — Approving amendment to Order 93952 granting licence to Canada
Steamship Lines Limited.
2 — In the matter of application of Canada Steamship Lines Limited
for a licence under Section 10 of the Transport Act.
2 — Authorizing the Consumers' Gas Company to construct a gas main
under tne company pipe line of Trans-Northern Pipe Line Company
at Wilson Road, Twp. of Whitby, Ontario.
2 — Authorizing the C.N.R. to construct its Chigoubiche Lake-Cache
Lake Branch Line across the highway at Mileage 130.47.
3 — Permitting removal of slow order at C.P.R. crossing at Mileage 86.17
Tyvan Subd., Sask.
3 — Requiring the C.N.R. to install certain protection at the crossing
of Highway No. 3 at Mileage 29.41 Yamaska Subd., P.Q.
3 — Authorizing the C.P.R. to remove the station agent at Glen Tay,
Ontario, provided a caretaker is appointed.
3 — Authorizing the C.P.R. to use the bridge at Mileage 0.8 Mission
Subd., B.C.
3 — Authorizing the C.P.R. to make changes in the track circuits at
the crossing of Regent St., Sudbury, Ontario.
3 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.N.R. under Section 3.
3 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line across the Mattagami River, Twp. of Cochrane,
Ont.
169
94760 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the Twp. of Macauley, Ontario.
94761 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the Town of Grenville, Ontario.
94762 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the Twp. of Orillia, Ontario.
94763 July 3 — Requiring the C.P.R. to install certain protection at the crossing of
Highway No. 29, at Terrebonne, Quebec.
94764 July 3 — Authorizing the Quebec Dept. of Highways to construct the tunnel
at the intersection of Highway No. 38 and the C.N.R. in the Parish
of Ste. Dorothee, Cty. Laval, P.Q.
94765 July 3 — Approving plan submitted by the C.N.R. showing details of railway
bridge between the City of Montreal and City of St. Lambert, P.Q.
94766 July 3 — Authorizing the C.N.R. to remove the caretaker at Brucefield,
Ontario.
94767 July 3 — Authorizing the Twp. of Lobo, Ontario, to improve the approach
grades where the highway crosses the C.P.R. at Mileage 7.30 Windsor
Subd.
94768 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the District of Nipissing, Ontario.
94769 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the Twp. of Strong, Ont.
94770 July 3 — Authorizing the C.N.R. to close the crossing of its railway and the
highway between Sections 35 and 36, Twp. 52, Rge. 25, W3M.,
Sask.
94771 July 3 — Authorizing Trans-Canada Pipe Lines Limited to relocate a portion
of its company pipe line in the District of Nipissing, Ontario.
94772 July 3 — Authorizing Northern Alta. Railways Company to use the bridge at
Mileage 141.6 Slave Lake Subd., Alta.
94773 July 3 — Permitting the removal of slow order at C.N.R. crossing at Gore St.,
St. Thomas, Ontario.
94774 July 3 — Permitting the removal of slow order at C.N.R. crossing east of
the station at Devlin, Ontario.
94775 July 3 — Permitting the removal of slow order at C.N.R. crossing south of
station at Mount Albert, Ontario.
94776 July 3 — Authorizing the Twp. of North York, Ontario, to construct a sub-
trunk sanitary sewer under the company pipe line of Trans-
Northern Pipe Line Company at two locations in the Twp. of North
York, Ontario.
94777 July 3 — Authorizing the Dept. of Highways for Ontario to construct an
overhead bridge at the crossing of Lower Middle Road and the
C.N.R. at Mileage 18.78 Oakville Subd., Ontario.
94778 July 3 — Authorizing the C.N.R. to construct a level crossing at the crossing
of their Opemisca spur and Springer St., Town of Chapais, P.Q.
94779 July 3 — Authorizing the C.P.R. to operate under the temporary diversion of
its Peterborough Subd., Mileage 61.03, Ontario.
94780 July 4 — Authorizing the City of Guelph, Ontario, to construct Dawson Road
across the track of the Guelph Junct. Rly. Company and the C.P.R.
serving Armco Drainage Company.
94781 July 4 — Requiring the C.P.R. to install certain protection at the crossing
of Highway 36 at Taber, Alta.
94782 July 4 — Requiring the C.P.R. to install certain protection at the crossing of
Highway No. 33 at Mileage 23.65 Trois Rivieres Subd., P.Q.
94783 July 4 — Authorizing the Town of Richmond Hill to improve the approach
grades at the crossing of the C.N.R. and Centre St., Richmond Hill,
Ontario.
94784 July 4 — Approving facilities of Trinidad Leaseholds (Canada) Limited for
handling and storage of flammable liquids at St. Catharines, Ontario.
94785 July 4 — Approving facilities of Shell Oil Company of Canada Limited for
handling and storage of flammable liquids at Peterborough, Ontario.
94786 July 4 — Approving facilities of Canadian Oil Companies, Limited for han-
dling and storage of flammable liquids at Brantford, Ont.
170
94787 July 4 — Approving facilities of the Cataract Ice Company for the handling
and storage of flammable liquids at Niagara Falls, Ontario.
94788 July 4 — Authorizing the N.B. Department of Public Works to construct the
highway at grade across the C.P.R. at Mileage 53.86 Gibson Subd.
94789 July 4 — Approving application of the C.N.R. on behalf of McColl-Frontenac
Oil Company for approval of proposed location of facilities for
the handling and storage of flammable liquids at Campbellton, N.B.,
Mileage 107.01 Bathurst Subd.
94790 July 4 — In the matter of the application of the Nipissing Central Railway
Company on behalf of Shell Oil Company of Canada, Limited, for
approval of proposed location of facilities for handling and storage
of flammable liquids at Kirkland Lake, Ontario.
94791 July 4 — Authorizing the Trans-Canada Pipe Lines Limited to make deviations
in the location of its company pipe line in the District of Nipissing,
Ontario.
94792 July 4 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipe line across the private railway owned by W. Milne &
Son Limited in the Township of Strathy, Ontario.
94793 July 4 — Authorizing Cyanamid of Canada Limited to erect a conveyor system
across the C.N.R. in the Township of North Oxford, Ontario.
94794 July 4 — In the matter of the application of C.N.R. on behalf of Royalite Oil
Co. Ltd., for approval of location of facilities for the handling and
storage of flammable liquids at Hinton, Alberta, mileage 55.30 Brule
Subdivision.
94795 July 4 — In the matter of the application of C.N.R. on behalf of the British
American Oil Co., Ltd., for approval of location of facilities for
the handling and storage of flammable liquids at Wekusko, Manitoba,
mileage 81.21 Wekusko Subdivision.
94796 July 4 — Authorizing the Municipality of Strathclair, Manitoba, to construct
the highway across the C.P.R. at mileage 31.22 Bredenbury Subdv.
94797 July 4 — Authorizing Saskatchewan Power Corporation to construct an elec-
tric transmission line across the company line of Interprovincial
Pipe Line Co, N.W.-|— Sec. 12— Twp. 16— R.15— W2M. Saskat-
chewan.
94798 July 4 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.N.R.
94799 July 4 — Authorizing the Saskatchewan Department of Highways and Trans-
portation to widen Highway No. 8 across the C.P.R. between Sec-
tions 31 and 32 Twp. 10 R.31, West Principal Meridian, Saskat-
chewan.
94800 July 4 — Authorizing the Newfoundland Department of Highways to improve
the vision at the C.N.R. crossings at mileage 280.28 Bishop's Falls
Subdv. Newfoundland.
94801 July 7 — Approving Supplement to tariff agreement between the Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
St-Denis sur Richelieu.
94802 July 7 — Permitting the removal of slow order at C.N.R. crossing at Port
Colborne Ont. at Mileage 16.79 Dunnville Subdivision.
94803 July 7 — Authorizing the R.M. of Kindersley No. 290 Saskatchewan to relocate
the highway where it crosses the C.N.R. at mileage 6.19 Oyen
Subdivision, Sask.
94804 July 7 — Permitting the removal of slow order at C.N.R. crossing of Helena
Street, Fort Erie, Ontario.
94805 July 7 — Requiring the C.N.R. to install certain protection at the crossing
of highway No. 30 at Kapasiwin, Alberta.
94806 July 7 — Granting Ontario Department of Highways to construct Highway
No. 71 across the C.N.R. Wye track opposite Mileages 0.65 and 0.57
Sprague Subdivision Town of Rainy River, Ontario.
94807 July 7 — In the matter of the application of the C.N.R. on behalf of Shell
Oil Co. of Canada Ltd. for approval of the proposed location of
additional facilities for the handling and storage of flammable
liquids at Victoriaville, Quebec, mileage 0.42 Aston Subdivision.
171
94808 July 8— In the matter of tariffs and supplements to tariffs filed under the
provisions of the Maritime Freight Rates Act; and the Order of the
Board numbered 94673, dated June 24, 1958, approving tolls pub-
lished in tariff C.T.C. No. E.5256 filed by the C.P.R.
94809 July 8 — Approving under the Maritime Freight Rates Act tolls published
in certain tariffs filed by the C.N.R. under Sec. 3.
94810 July 8 — Authorizing the C.P.R. to construct a siding across Provincial High-
way No. 4 at mileage 17.68 Walkerton Subdivision to serve Maple
Leaf Veneer Company Limited, Ontario.
94811 July 8 — Approving Connecting Agreement Between Bell Tel. Co. of Can.
& Min. of Nat. Def.
94812 July 8 — Authorizing the New Brunswick Department of Public Works to
construct a Trans-Canada Highway across the C.N.R. by means of
an overhead bridge in Westmorland County, New Brunswick.
94813 July 8 — Approving operation of C.P.R. trains over the siding serving Coca-
Cola Limited, Montreal, Quebec.
94814 July 8 — In the matter of the application of the C.N.R. on behalf of the
British American Oil Company Ltd. for approval of the proposed
location of additional facilities for the handling and storage of
flammable liquids at Nipigon, Ontario.
94815 July 8— In the matter of filing of tariffs by the Bell Telephone Co. of
Canada.
94816 July 8 — In the matter of the application of C.N.R. on behalf of North Star
Oil Ltd., for approval of location of facilities for the handling and
storage of flammable liquids at Carmel, Sask., mileage 10.3 Aberdeen
Subdivision.
94817 July 8 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the Cumberland Railway and Coal Company.
94818 July 8 — Approving under the Maritime Freight Rates Act tolls published
in tariff filed by the Cumberland Railway and Coal Company under
section 8.
94819 July 8 — Authorizing Interprovincial Pipe Line Company to carry its company
pipe line across certain public highways including the crossing of
LaSalle Road between the County of Sarnia and the Township of
Moore, Ontario.
94820 July 8 — Authorizing the Interprovincial Pipe Line Company to carry its
company pipe line across certain public highways including the
crossing of the Queen Elizabeth Way South of Dundas Street Town-
ship of Trafalgar, Ont.
94821 July 9 — Requiring the Quebec Department of Roads to install certain pro-
tection at the crossing of Highway No. 53 at Ste. Germaine, Quebec.
94822 July 9 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 6 at Escuminac, Quebec.
94823 July 9 — Approving under the Maritime Freight Rates Act tolls published
in tariff filed by the Cumberland Railway and Coal Company
under Section 8.
94824 July 9 — Authorizing the Saskatchewan Power Corporation to construct trans-
mission lines across the company pipe line of Interprovincial Pipe
Line Company, Saskatchewan.
94825 July 9 — Relieving the Algoma Central and Hudson Bay Railway Company
from erecting cattleguards at certain highway crossings in various
townships in the District of Algoma and Cochrane, Ontario.
94826 July 9 — Approving plan showing location of a deviation of Trans-Canada
Pipe Lines Limited company pipe line in the Township of Arm-
strong, Ontario.
94827 July 9 — Authorizing the C.P.R. to remove the station agent at Rosedale,
Alberta.
94828 July 9 — Permitting the removal of slow order at C.P.R. crossing at the
Town of Cowansville, Quebec at mileage 7.10 Newport Subdivision.
94829 July 9 — Permitting the removal of slow order at C.N.R. crossing at Maw-
cook Road County of Granby, Quebec, at mileage 42.41, Granby
Subdivision.
172
94830 July 10 — Requiring the C.P.R. to install certain protection at the crossing of
Highway No. 13 at Mileage 25.9 Newport Subdivision, Quebec.
94831 July 10— Authorizing the C.P.R. to operate its passenger and freight trains
over the crossing of the C.N.R. at De Beaujeu, Quebec.
94832 July 10 — Approving under the Maritime Freight Rates Act tolls published
in supplements to agreed charge tariffs of the Canadian Freight
Association, under Sections 3 and 8.
94833 July 10 — In the matter of the application of the Bell Telephone Company
of Canada for approval of Appendix to traffic agreement between it
and Kaladar Northern Telephone System.
94834 July 10 — Authorizing the C.P.R. to operate its trains over the subway at
Cremazie Boulevard Montreal, Quebec.
94835 July 10 — In the matter of the application of the C.N.R. on behalf of the
Shell Oil Company of Canada Limited for approval of the proposed
location of additional facilities for the handling and storage of
flammable liquids at Prince Rupert, British Columbia.
94836 July 10 — Permitting the removal of slow order of C.N.R. crossing and Nor-
wich Avenue, Woodstock, Ontario.
94837 July 10 — Permitting the removal of slow order at C.N.R. crossing at Heron
Road, Ottawa, Ontario.
94838 July 10 — Permitting the removal of slow order at C.P.R. crossing at Messines,
Quebec at Mileage 70.23 Maniwaki Subdivision.
94839 July 10 — Authorizing British Columbia Power Commission to construct an
overhead power line across the company pipe line of Westcoast
Transmission Company Limited at Mileage 371.0 Westcoast Trans-
mission Company pipe line.
94840 July 10 — In the matter of the location of facilities of Shell Petroleum Com-
pany of Canada, Limited, for the handling and storage of flammable
liquids at Pearce, Alberta.
94841 July 10 — In the matter of the location of facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at Winnifred
Alberta.
94842 July 10 — In the matter of the location of facilities of the Department of
National Defence (Royal Canadian Air Force), for the handling and
storage of flammable liquids at Macleod, Alberta.
94843 July 10 — In the matter of facilities of Shell Oil Company of Canada Limited
for the handling and storage of flammable liquids at Ashcroft,
British Columbia, mileage 48.85 Ashcroft Subdivision.
94844 July 10 — In the matter of facilities of North Star Oil Limited for the handling
and storage of flammable liquids at High River, Alberta.
94845 July 10 — In the matter of the facilities of Imperial Oil Limited for the
handling and storage of flammable liquids at Retlaw, Alberta.
94846 July 10— In the matter of facilities of North Star Oil, Limited for the hand-
ling and storage of flammable liquids at Granum, Alberta.
94847 July 10 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Nobleford, Alberta.
94848 July 10— Authorizing the C.P.R. to remove the caretaker at Musquash, New
Brunswick.
94849 July 10 — Authorizing the C.N.R. to reconstruct the overhead bridge carrying
Merrit Street across their right of way in the Town of Merritton,
Ont.
94850 July 10 — Relieving the C.P.R. from directing a right of way. fencing at
certain mileages on its LaRiviere Subdivision, Manitoba.
94851 July 10 — Authorizing Provincial Parks Branch of the Department of Recrea-
tion and Conservation of British Columbia to construct the highway
across the C.P.R. from the Yale Indian Reserve No. 5.
94852 July 10 — Relieving the C.P.R. from erecting fencing certain mileages on its
Alida Subdivision, Manitoba.
94853 July 10 — Relieving the C.P.R. from erecting fencing at certain mileages on
its Napinka Subdivision, Manitoba.
QTtje $oart) of
transport Commissioned for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, AUGUST 15, 1958 No. 10
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Canada Malting Company Limited and
Dominion Malting Company Limited to the Board pursuant to the provi-
sions of the Railway Act of Canada, being Chapter 234 of the Revised
Statutes of Canada 1954, and amendments thereto, for an Order under
Sections 317, 319, 328 and 336 and other relevant sections of the said Act,
directing Canadian Pacific Railway Company, Canadian National Rail-
ways and other member companies of the Railway Association of Canada
to charge only the through rate plus transit on all inbound shipments of
barley received at the Applicants' Winnipeg plants malted and forwarded
to Fort William or Port Arthur.
File No. 8641.93
Before:
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Heard at:
Ottawa, Ont., on May 6 and 7, 1958.
Appearances:
Hazen Hansard, Q.C., W. G. C. Howland, Q.C. and A. S. Dewar,
for Canada Malting Company Limited and Dominion Malting
Company Limited.
K. D. M. Spence, Q.C, for the Canadian Pacific Railway Company
and the Railway Association of Canada.
J. W. G. Macdougall, Q.C, for the Canadian National Railways
and the Railway Association of Canada.
V. M. Stechishin, for the Manitoba Transportation Commission.
LIBRARY
60693-9—1
173
174
JUDGMENT
Knowles, Commissioner:
This application, as submitted, is for an Order of the Board directing the
railways involved:
". . .to charge only the through rate plus transit on all inbound ship-
ments of barley received at the Applicants' Winnipeg plants malted and
forwarded to Fort William or Port Arthur".
■— .:: : -■ *- -» - s-jsss - H
■1
The applicants are two companies who perform the process of changing
barley grain into "malt" at Winnipeg. They bring in carloads of barley,
generally from points west of Winnipeg, screen it for broken and inferior grains,
then steep the clean barley in water for several days until it sprouts, when
it is subjected to heat and dried to stop the sprouting process, and they then
reship the resulting malted barley, or "malt" as it is termed for short, to Port
Arthur, Fort William and points East thereof. The two malting companies are
business competitors, but have joined in the complaint because they have the
same interest in the interpretation of the railway tariffs.
The present tariffs are Canadian National Railways W-183E, CTC No.
W-2305 and Canadian Pacific Railway W-819A, CTC No. W-4035. These tariffs
contain the rates on grain and grain products from points in Western Canada
to Port Arthur and Fort William, known as "terminal rates". They also contain
a local mileage scale which is much higher than the terminal rates. In addition,
the tariffs contain rules providing for various kinds of transit arrangements,
viz. stopover in transit of grain for bagging, cleaning, clipping, crushing, drying,
malting, milling reconditioning and/or storage, and reshipment to points beyond
the transit point.
For many years prior to July 17, 1954 the terminal rates applied as a
maxima to intermediate points in the direct line of transit, such as Winnipeg.
The terminal rates to Fort William, Port Arthur and West Fort William are
lower generally than the local rate scale, (except on shipments originating
within a few miles of the milling or malting point) so that no controversy arose
prior to July 17, 1954 as to the rate, for example, from Calgary to Winnipeg or
Fort William when a shipment of grain was processed under the transit rules
at Winnipeg, because the rates to the two points were the same, the rate to
Winnipeg being then "held down" by the terminal rate to Fort William or
Port Arthur.
Upon an application of the railwray companies, the Board found in a
Judgment dated October 19, 1953, Volume XLIII J.O.R. & R. 253, that the long-
and-short-haul clause in the then Section 314 (5), now Section 317 (5), of the
Railway Act should not apply to the terminal rates required by Section 325 (5),
now Section 328 (6) of the Railway Act, and that the latter rates should be
applied only to Port Arthur and Fort William, Ont. That Judgment was
implemented by Order No. 83896 of June 4th, 1954, Volume XLIV J.O.R. & R. 93.
In compliance with that Order, the railways on July 17, 1954 amended their
grain tariffs applicable in Western Canada by a clause as follows: .
"Rates named in Section 1 of tariff are terminal rates and apply to
Fort William, Port Arthur and West Fort William, Ont., only, and will not
apply as maximum to intermediate stations."
For example, the local rate from Calgary, Alta. to Winnipeg is now 69 cents
per 100 pounds, but the "terminal" rate from Calgary to Fort William is now
26 cents per 100 pounds.
However, the transit privileges for stop-off at intermediate points for
processing of grain continued to apply in connection with these terminal rates;
175
so that a quantity of grain stopped off in transit at Winnipeg for processing and
reforwarded to Fort William, would still be entitled to the through rate of
26 cents, despite the local rate of 69 cents to the intermediate point, subject
to certain conditions which are here in dispute and are discussed herein.
There is a transit charge of 2\ cents per 100 pounds for the extra stop-off
service, but this charge is not in issue and will not be further considered.
While the applicants complain of unjust discrimination or undue and
unreasonable prejudice under Sections 317, 319, 328, 336, and other relevant
sections of the Railway Act, in reality the application is for an interpretation
of the tariffs and of the legal tariff rates applicable on their shipments since
July 17, 1954.
The portions of the transit rules that are especially pertinent in this matter,
using for example Canadian Pacific Railway Tariff No. W-819A, CTC No.
W-4035, as shown by Exhibit No. 11, are portions of paragraphs (1), (2), (6),
(7), (10), (11), (12) and (13) of Rule 11 quoted below ; (the Canadian National
Railways Tariff No. W-183E, CTC No. W-2305 publishes similar rules).
"TRANSIT PRIVILEGES— RULE 11
(1) (a) Applicable only in connection with terminal and com- Application
modify rates shown in Sections 1 and 2 of Tariff and as amended.
Grain, Grain Products, Flaxseed and Flaxseed Products as
described in Rule 13, page 17 of tariff, may be shipped to stations
in the direct line of transit, also as authorized in Section 2 of Tariff
and as amended, at local rate, for bagging, cleaning, clipping, crushing,
drying, malting, milling, reconditioning and/or storage, and reship-
ment made as follows:
To Fort William, Port Arthur or West Fort William, Ont, at the
balance of the through rate in effect on date of original shipment
from point of origin to Fort William, Port Arthur or West Fort
William, Ont., plus 2\ cents per 100 lbs., for extra terminal service,
plus charge for additional haul if any. (Subject to Notes 1 and 2).
To Stations East of Fort William, Port Arthur or West Fort
William, Ont., at the balance of the through rate in effect on date of
original shipment from point of origin to Fort William, Port Arthur
or West Fort William, Ont., plus 1\ cents per 100 lbs., for extra
terminal service, plus charge for additional haul if any, plus the
rate from Fort William, Port Arthur or West Fort William, Ont., to
final destination, in effect on date of reshipment from transit point.
(Subject to Notes 1 and 2).
Note 1 — When the rate from stop-off point exceeds the rate from
point of origin to final destination, the rate from stop-off point will
apply from point of origin (See Exception).
Exception — Not applicable in connection with Item No. 177 of
tariff and as amended.
Note 2 — The charge of 2\ cents per 100 lbs. for extra terminal
service in this rule is not applicable when a charge for extra terminal
service is published in Section 2 of Tariff.
(2) The transit privilege will be granted only on the actual Weight on
weight of the inward shipments to transit point. If the actual weight
of the outward shipments exceed the actual weight shown in the Privilege
inward expense bill or bills, surrendered, the difference will be Applicable
charged the local carload rate from transit. t>oint to final destination.
60693-9—2
176
Expense (6) The transit privilege will apply only when the shipper
Waybills presents inward receipted expense bill or bills for cancellation at
the time the bill of lading covering reshipment from transit point is
tendered to the Agent. The Agent must endorse particulars of
outward shipment on the receipted expense bill or bills surrendered
for cancellation.
waste and (7) The following deductions for waste and shrinkage must be
Shrinkage subtracted from weight shown on inward expense bills surrendered
for cancellation:
Barley, Rye or Wheat, malted or sprouted . . 16 per cent.
Flaxseed, crushed or milled into Linseed Oil
Cake or Linseed Oil Cake Meal 33^ per cent.
Rapeseed, crushed into Rapeseed Oil Cake or
Rapeseed Oil Cake Meal 38 per cent.
Shipper's (10) Shippers desiring transit privileges must submit signed
Returns to returns, in duplicate, to the Railway Agent, due August 15, compiled
Agent37 to August 1, and due February 15, compiled to February 1, showing
the following information:
(a) Balance in pounds each variety of grain in elevator entitled
to transit privilege carried forward from previous period.
(b) Statement of unused cancellations on hand.
(c) Receipt by rail each variety since previous report, in pounds,
gross weight.
(d) Local receipts at mill or elevator, in pounds, gross weight.
(e) Outward shipments by rail on transit, in pounds, gross weight.
(f) Local deliveries grain or grain products from elevator or mill,
in pounds, gross weight.
(g) Balance entitled to transit privileges, in pounds.
cancellation (H) All inward expense bills in excess of balance entitled to
BiiisenSe transit privileges shown in shipper's statement, also expense bills
which have expired by limitation, must be presented to the Railway
Agent for cancellation at the end of each period. Railway Agent will
endorse same in ink, "Not good for transit privileges," after which
they may be returned to shipper.
Duplicate (12) Railway Agent will send to Chairman, Canadian Freight
b^for^rded Association, Winnipeg, Man., duplicate copy of statement submitted
to Can. Frt. by shipper under provisions of paragraph 10, after affixing his
Assn. signature certifying that he has checked the statement with his
records, and has cancelled surplus inward expense bills as provided
for in paragraph 11.
Access to (13) The Railway Agent or Canadian Freight Association
Record? Inspectors must be allowed access to shippers' inward and outward
weight records, invoices, etc., substantiating periodical statements".
It will be noted from the above quotations:
That grain (barley) may be shipped to Winnipeg for cleaning and malting
and reshipment to Fort William, Port Arthur, or West Fort William, Ont., or
points East thereof, at the local rate on the first movement to Winnipeg, and
on the second movement (reshipment) at the balance of the through rate in
effect on date of original shipment from point of origin to Fort William, etc.,
plus a stop-off charge for the extra service and a charge for any out of line haul;
177
That the transit privilege applies only on the actual weight of the inbound
shipment;
That the transit privilege comes into effect only when the shipper tenders
the bill of lading for the outbound shipment;
That on barley there is a deduction of 16% off the inbound weight for
"waste or shrinkage";
That in order to obtain the transit privilege the shipper must, in effect,
register his inbound and outbound shipments with the railways and the Canadian
Freight Association every six months, and by this arrangement the railways are
continuously put on notice that the shipper may exercise the transit privilege
at any time within six months from date of receipt of the inbound movement.
These rules result in a legal arrangement that the two movements into
and out of the transit point are considered as one continuous through movement
at the through rate from point of origin to final destination, despite the fact
that the movement is broken at Winnipeg.
The transit arrangement can be illustrated by a simple example, i.e.,
115,000 pounds of barley shipped from Calgary to Winnipeg for malting, and
reshipment of the product to Fort William. The through carload rate from
Calgary to Fort William is 26 cents per 100 pounds, with a minimum carload
weight of 100,000 pounds on the inbound movement of barley to Winnipeg,
and a minimum carload weight of 50,000 pounds on the outbound movement
of malt from Winnipeg to Fort William.
When the barley arrives at Winnipeg, it is unloaded into the plant of the
malting company.
The barley then is subjected to two processes, (1) cleaning, by which 14%
to 15% of screenings is taken out, and (2) malting, by which an additional
16% of the weight of the cleaned barley evaporates. These two processes are
permitted by the transit rules when the expression "and/or" in paragraph
1 (a) of Rule 11 is read in connection with any of the nine processes which
may be applied to the inward shipments of grain.
Assuming the screenings amount to 15,000 pounds, the malting company
then has 100,000 pounds of clean barley remaining. (It may be said that the
15,000 pounds of barley screenings are combined into carloads with similar
screenings from other inward shipments and reshipped under the "cleaning''
privilege to Fort William for sale as feed). The remaining 100,000 pounds of
clean barley is then put through the malting process. In that process, the
barley absorbs additional water to the extent of 40% of its original weight;
thus the 100,000 pounds of cleaned barley becomes 140,000 pounds by weight.
The additional moisture, however, of 40,000 pounds, plus another 16,000 pounds
of moisture and gases, are driven off into the atmosphere in the drying process,
leaving only a weight of 84,000 pounds of barley malt for reshipment.
On barley or malt used locally the rate assessed is the high local rate,
which is applicable when the shipper withdraws any grain or malt for sale in
Winnipeg. There has, however, been none of the 16,000 pounds of barley
material withdrawn from the malt house for local consumption at Winnipeg
under the example quoted. All that the malting company has left is 84,000
pounds of barley malt, which is then offered to the railway on a new bill of
lading for movement to Fort William in accordance with Section (6) of the
Rules. It is at this point that the controversy arises; the railway contends
that the tariff requires that the original shipment of barley be moved from
Calgary to Winnipeg at inward weight and the local rate (69 cents per 100'
pounds) and as the shipment, in accordance with provisions of the tariff, must
be subjected to a reduction of 16,000 pounds in the weight between the inbound
barley and the outbound malt, that the railway is therefore entitled on this
60693-9—2^
178
16,000 pounds of barley to the difference of 43 cents per 100 pounds between
the local rate from Calgary to Winnipeg, and the through rate of 26 cents per
100 pounds from Calgary to Fort William.
The malting company claims that it is entitled on the whole movement
to the rate of 26 cents per 100 pounds from Calgary to Fort William plus the
stop-off charge of 2^ cents per 100 pounds, because the transit privilege attaches
to the inbound weight of 100,000 pounds, in accordance with paragraph (2) of
the Rule, and because it has given 84,000 pounds to the railway on the outbound
movement for the equivalent of the inbound weight as reduced by paragraph (7) .
The situation is complicated by the fact that the railways in practice do
not carry out what the tariff requires. The tariff requires that the shipment
of the barley from Calgary to Winnipeg shall be made at the local rate, and
that on reshipment of the product from Winnipeg to Fort William it shall be
charged "at the balance of the through rate".
In practice, however, the railway collects at Winnipeg only a rate of
26 cents per 100 pounds on 100,000 pounds in this example. This rate is actually
the through rate from Calgary to Fort William, and as this rate is so much
lower than the local rate from Calgary to Winnipeg, a practice has been put
into effect of collecting only the through rate in the first instance, i.e., on the
movement from Calgary to Winnipeg, because to apply the higher local rate
at Winnipeg would mean the collection of large sums of money, a large propor-
tion of which would have to be refunded when the outbound movement of malt
takes place from Winnipeg to Fort William. The practice of collecting only
the through rate in the first instance also avoids a great deal of bookkeeping
and accounting. The result is, however, that there is usually no "balance of
through rate" from Winnipeg to Fort William. What the tariff should say is
"the balance, if any, of the through rate". Moreover, if the railways should
change their practice and require the collection of the local rate from Calgary
to Winnipeg (as the tariff now says the railway does) then the tariff should
read that on the outbound movement "the difference between the local rate
to Winnipeg and the through rate to Fort William will be refunded, less the
stop-off charge".
On this matter of collection of charges, it was argued by Railway Counsel
that the collection of 26 cents per 100 pounds on the barley moved from Calgary
to Winnipeg is not an infraction of the tariff, but is merely in effect an instal-
ment of the eventual charges which will have to be paid on the shipment, and
that it is for the railway company to determine when and where the charges
shall be paid on any shipment. While it is true that the railway can determine
when and where tariff charges shall be collected, the collection should be made
on the basis of what the tariff says is to be collected, and the present tariffs
should be promptly amended to bring them into line with the practice of the
railways.
It is, however, immaterial for a decision in this case, based on the Board's
interpretation of the relevant tariff rules, as to whether the barley is billed from
Calgary to Winnipeg at the local rate, or at the terminal rate, i.e., the application
of the Fort William rate to Winnipeg, or any other rate.
The application of the transit rules is for one purpose only. This was
aptly expressed by the late Honourable F. P. Carvell, Chief Commissioner of the
Board, in a case referred to by the Counsel for the applicant, Volume XI,
J.O.R. & R. 389 at page 390 as follows:
"This naturally brings up to the question of what is a reasonable rate
for the services to be performed by the railway company, always con-
sidering that the railway company receives the legal rate for transporting
the grain from the starting point to destination, and that the stop-over
179
privilege simply means that, if the same amount in weight is returned to
the company for transportation to destination within six months, the
completion of the contract of carriage will be made by the railway company
at the legal through rate, whatever it may happen to be". (emphasis
supplied)
Generally speaking, the milling, etc. of grain in transit results in no
difference between the outbound weight and the inbound weight, and the rules
are designed generally for that purpose.
There are, however, exceptions to the general rule as to the outbound
weight, and provision for three exceptions is made in paragraph (7) of Rule 11,
and in the similar Rule of the Canadian National Railways' tariff. This para-
graph provides that deductions for waste and shrinkage must be subtracted
from the weight shown on the inward expense bills for the initial movement
into the stop-off point; the first exception is on barley, rye or wheat, malted
or sprouted, upon which 16% must be deducted from the inbound weight when
the outbound product is offered for transportation; the second exception is on
flaxseed, when crushed or milled, on which the deduction is 33g% off the
inbound weight; the third exception is on rapeseed, which is crushed to abstract
the oil, and the deduction is 38% off the inbound weight.
Paragraph (7) does not define the purpose of these deductions except to
refer to them as "for waste and shrinkage". The evidence at the hearing,
however, shows that there are two separate reasons inherent in these deductions;
on barley, rye or wheat, the deduction is made for the reason that in the
malting process the grain loses some of its initial weight by evaporation into
the atmosphere; on flaxseed and rapeseed the deductions are for the reason
that oil is physically extracted in the crushing process and, therefore, there is
only 66f% of the flaxseed left for reshipment as linseed oil cake, etc., and
in the case of the rapeseed only 62% of the product is left for reshipment. The
extracted oil is either consumed at the crushing point, or shipped at local rates
on oil, without transit privilege, to other points.
The railways contend that barley is in the same category as the other two
articles on which waste and shrinkage deductions from the inbound weight are
applied in paragraph (7), but the fundamental difference between the malting
process and the crushing of seed for its oil must be taken into account in
interpreting the transit rule with respect to barley, rye and wheat when malted
in transit.
With respect to the three grains referred to, the process of malting is the
only case throughout the whole tariff where the physical quantity of grain
remains the same, yet 16% of its weight disappears in the process, so that
the "same amount in weight" cannot be returned to the railway company to
complete the contract of carriage from origin to destination.
Comment Upon the Issues
The transit rules are by no means clear in relation to the transit privilege
respecting barley. For example, paragraph "(2)" says that the transit privilege
will be granted only "on the actual weight of the inward shipments to transit
point". The actual weight in the example used herein is 115,000 pounds. One
question is: does the 16% deduction for "shrinkage" provided for in paragraph
(7) apply literally to the 115,000 pounds of inbound weight including the screen-
ings? The tariff apparently could be so interpreted, but no party has suggested
that the screenings shrink in transit. Or, does the 16% shrinkage apply only
to the cleaned barley, thus making paragraph (2) first subject to paragraph
(1) (a), that is, the cleaning process by which screenings are first removed,
and then paragraph (2) becomes subject to paragraph (7)? This would mean
180
that paragraph (2) is not to be read literally, but is modified by paragraph (7)
and should be read as: "The transit privilege will be granted only on the actual
weight of the inward shipments to transit point, as modified on the outward
shipments by the deductions, if any, required by paragraph (7)". The Board
considers that the latter is the proper interpretation of these paragraphs. This
example is, however, by way of illustration of the ambiguities in the tariff.
It shows how unclear freight tariffs can become by inexact language. The
main issue in this case is with regard to a more serious ambiguity however,
i.e., the charges for the weight of the barley which evaporates into the
atmosphere in the malting process, and which is hereinafter dealt with.
Paragraphs (1), (2) and (7) of the transit rule read together are suscep-
tible of two different interpretations with respect to barley, rye or wheat, malted
or sprouted.
The first interpretation would be that grain, e.g. barley, may be shipped
to an intermediate point at the local rate for malting and reshipment, and that
the transit privilege will be granted only when the shipper has submitted to a
deduction of 16% off the inward weight (on which the local rate is to be charged
to the malting point) and he will then be entitled to the through rate from
origin to destination on only 84% of the original weight. This is the railway
interpretation of these paragraphs. It may be pointed out, however, on the
example quoted, that nowhere in the tariff is there a specific provision for the
assessment of the carload rate of 69 cents per 100 pounds from Calgary to
Winnipeg on the evaporated weight of 16,000 pounds.
The second interpretation, considering the unique character of the malting
process, is that the shipper is entitled to the transit privilege and the application
of the through rate from origin to destination on the original 100,000 pounds
of barley when tendering only 84,000 pounds outbound from the transit point.
Stated another way, the tender of the 84,000 pounds of malted barley, or "malt"
from Winnipeg to Fort William, etc., as required by the deduction specified
in paragraph (7), is deemed to be the equivalent to the inbound weight of
100,000 pounds, on which the transit arrangement applies. The latter is the
interpretation placed upon the tariff rules by the shipper.
The anomalous and inequitable situation that would be caused by the
railways' interpretation of the tariff can be illustrated by several examples,
using the same illustration as previously referred to, i.e., a carload of barley
weighing 115,000 pounds from Calgary, subjected at Winnipeg to some of the
nine processes permitted by paragraph (1) (a) of the Rule, and the product
reshipped to Fort William.
In the examples given below, the extra transit charge of 2£ cents per 100
pounds will not be taken into consideration, other than to say that the tariff,
even as to this charge, is ambiguous; it does not clearly state whether this
2£ cents per 100 pounds is applied on the inward weight or on the outward
weight when one weight is different from the other.
The illustrations as to rates are in cents per 100 pounds, and are based
upon the present practice of the railways in collecting the through rate at
Winnipeg.
Example No. 1 — A carload of barley, weighing 115,000 pounds, shipped from
Calgary to Winnipeg, for bagging, cleaning, clipping, crushing, drying, milling,
reconditioning and/or storage, then reshipped to Fort William:
Inward: Charges
115,000 pounds barley inward, Calgary to Winnipeg at 26 cents
per 100 pounds $299.00
181
Outward: Charges
*115,000 pounds product outward, Winnipeg to Fort William Nil
TOTAL , $299.00
*Except as to drying in transit, when the outward weight would obviously
be less than 115,000 pounds.
Example No. 2 — A carload of barley, originally weighing 115,000 pounds, shipped
from Calgary to Winnipeg, screened and malted there, and the product reshipped
to Fort William:
Inward: Charges
115,000 pounds barley, Calgary to Winnipeg, at 26 cents per
100 pounds $299.00
Outward:
15,000 pounds screenings, Winnipeg to Fort William Nil
84,000 pounds malt, Winnipeg to Fort William Nil
16,000 pounds based on loss in weight by evaporation at
Winnipeg, applied to the local rate of 69 cents from
Calgary to Winnipeg, less 26 cents previously paid inward,
a difference of 43 cents per 100 pounds 68.80
TOTAL $367.80
Example No. 3 — A carload of barley, originally weighting 115,000 pounds,
shipped from Calgary to Winnipeg, screened and malted there, and a carload
of 100,000 pounds of malt shipped outward to Fort William:
Inward: Charges
115,000 pounds barley, Calgary to Winnipeg, at 26 cents per
100 pounds $299.00
Outward:
15,000 pounds screenings, Winnipeg to Fort William Nil
84,000 pounds malt, Winnipeg to Fort William Nil
16,000 pounds based on loss in weight by evaporation at
Winnipeg, applied to the local rate of 69 cents from
Calgary to Winnipeg, less 26 cents previously paid inward,
a difference of 43 cents per 100 pounds 68.80
16,000 pounds malt (added in place of the 16,000 pounds of
weight evaporated), Winnipeg to Fort William at 14 cents
per 100 pounds (paragraph 2 of Rule 11) 22.40
TOTAL $390.20
In Example No. 1, it will be noted that when the shipper uses at Winnipeg
any one of the eight transit privileges referred to in the example, it costs him
nothing (except the 2^-cent transit charge) when his product is reshipped.
If, therefore, a maltster decides (after cleaning 15,000 pounds of barley out
of an inward shipment of 115,000 pounds) that he will reship the remaining
182
100,000 pounds of clean barley to Fort William, it costs him nothing more,
and the railway hauls 115,000 pounds of barley and screenings inward and
outward; but if, however, he malts the 100,000 pounds of barley, he is assessed
another $68.80 through the railways' interpretation (see Example No. 2).
There is another striking anomaly in Example No. 1 in the case of 115,000
pounds of barley shipped to Winnipeg for drying; obviously barley dried in
transit at Winnipeg loses some of its weight by evaporation, yet the tariff
provides no penalty on the inward weight at the local rate when the lower
weight of the outward shipment is tendered to the railways. (As also stated
herein, no tariff provision can be found for assessing an additional charge on
barley for malting when some of its weight is evaporated in the process of
drying after it has been malted.)
The Example No. 3 is given because of the penalty required by paragraph 2
of the Rule, i.e., the provision that:
"If the actual weight of the outward shipments exceed the actual
weight shown in the inward expense bill or bills, surrendered, the difference
will be charged the local carload rate from transit point to final destination."
The example is based on the assumption that instead of tendering 84,000
pounds of malt as the product of 100,000 pounds of clean barley, the shipper
desires to ship 100,000 pounds of malt from Winnipeg to Fort William, this
being also equal to the inward weight. In this case, the shipper is penalized
(and rightly so) for putting into the freight car an additional 16,000 pounds
of malt which he has obviously acquired elsewhere than from the 100,000 i
pounds of clean barley brought into Winnipeg, the latter having shrunk by
evaporation to 84,000 pounds. But the illustration shows that the shipper
not only pays that penalty of $22.40, but would also, on the railways' interpreta-
tion of the tariff, pay another $68.80 on the 16,000 pounds that have evaporated
in transit — and yet in total the railways have only hauled the same weight of
115,000 pounds into Winnipeg and out of Winnipeg. In this illustration, on the
railways' interpretation of the tariff, they would receive $91.20 more than
the $299.00 that they would receive for hauling 115,000 pounds by weight of
barley into and out of Winnipeg for bagging, etc. at that point. While the
transit rule says clearly that the penalty charge of $22.40 will be assessed on
the outward shipment, it is completely silent as to the alleged penalty charge
of $68.80 on the inward shipment.
Ruling
In ruling upon similar controversies, the Board has said:
"If a tariff is ambiguous and can be reasonably and properly read
in ease of the shipper, it should be so construed: Robin Hood Mills v.
C.P.R., 28 C.R.C. 50. Tariff provisions are to be construed in favour of
the shipper and against the party responsible for having in effect a tariff
so constructed as to leave much doubt of its meaning: Dominion Traffic
Association v. C.N.R., 41 C.R.C. 206".
The shippers' interpretation is more logical, equitable and reasonable than
the railways' interpretation. I would rule that paragraph (7) of the Transit
Rule modifies the outward weight by eliminating 16% of the inward weight
as a requirement for reshipment, and that therefore no penalty by way of
increased charges attaches to the shipments of barley malted in transit.
Mm
183
Under the practice of the railways in collecting the terminal rates at
Winnipeg, on the shipment of barley from Calgary used as an example, the
railway would have already received 26 cents per 100 pounds on the whole
weight of the inward movement including the 16,000 pounds of weight which
disappears into the atmosphere in the malting process.
Upon the tender of 84,000 pounds of malt for reshipment, therefore, the
shipper has fully complied with the transit rule, and the railway is not entitled
to any further collection of revenue.
As previously stated, the application raised also questions of unjust
discrimination, undue preference and unreasonableness in the charges attempted
to be assessed by the railways on the difference between the local rates to
Winnipeg and the through rates to destination. These questions would only
arise if the Board were wrong in the interpretation of the tariffs in question,
and any answers to these questions could only apply to the future.
Considering all the evidence and argument, I find under the present tariffs
that on the shipments of barley referred to in the application, malted at
Winnipeg, and reshipped to Port Arthur, Fort William, West Fort William,
Armstrong, Ont., or points East thereof, the rates to apply are the through rates
from origin to destination without any additional charge (other than the transit
charge) for the difference of 16% between the weight of the inward and
outward shipments at the transit point.
L. J. KNOWLES.
I concur: HUGH WARDROPE.
Ottawa, Ontario, June 16, 1958.
184
ORDER No. 94921
In the matter of the application of the City of Prince George, in the Province
of British Columbia, hereinafter called the "Applicant", for an Order
under section 51 of the Pipe Lines Act directing Westcoast Transmission
Company Limited to provide facilities for the junction of its company
pipe line with any pipe line of, and sell gas to, the Applicant, and to
extend, improve and construct such facilities as to the Board of Transport
Commissioners for Canada may seem reasonable and necessary for the
purpose of permitting the sale and delivery of such gas:
File No. 45371.41
Wednesday, the 16th day of July, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon hearing Counsel for the Applicant —
It is hereby ordered as follows:
1. The application will be heard on the 23rd day of September, 1958, at
ten o'clock in the forenoon in the Court Room, Union Station Building, Ottawa,
Ontario.
2. The Applicant shall send by registered mail, not later than July 31,
1958, a copy of the said application and a copy of this Order to Westcoast
Transmission Company Limited, Inland Natural Gas Company Limited, the
Attorney General for the Province of British Columbia, the Public Utilities
Commission of British Columbia, Prince George Gas Company Limited and
Commission Counsel for Canadian National Railways.
3. The Applicant shall cause a copy of the notice attached hereto to be
inserted in four issues of the Prince George Citizen before August 23, 1958.
CLARENCE D. SHEPARD,
Chief Commissioner.
Corporation of the City of Prince George
Notice is hereby given that an application has been made by the City
of Prince George to the Board of Transport Commissioners for Canada under
section 51 of the Pipe Lines Act for an Order directing Westcoast Transmission
Company Limited to provide facilities for the junction of its company pipe line
with any pipe line of, and sell gas to, the Applicant, and to extend, improve
and construct such facilities as to the Board of Transport Commissioners for
Canada may seem reasonable and necessary for the purpose of permitting the
sale and delivery of such gas.
And further notice is hereby given that the said application will be heard
at a sitting of the Board of Transport Commissioners for Canada in the Court
Room, Union Station Building, Ottawa, Ontario, on the 23rd day of September
1958, at ten o'clock in the forenoon.
Dated the 16th day of July, 1958.
CORPORATION OF THE CITY OF PRINCE GEORGE
By:
185
ORDER No. 94922
In the matter of the application of Eagle Lake Sawmills Limited, hereinafter
called the " Applicant" , for an Order under section 51 of the Pipe Lines
Act directing Westcoast Transmission Company Limited to provide
facilities for the junction of its company pipe line at or near Shelley,
British Columbia, with any pipe line of, and sell gas to, the Applicant,
and to extend, improve and construct such facilities as to the Board of
Transport Commissioners for Canada may seem reasonable and necessary
for the purpose of permitting the sale and delivery of such gas:
File No. 45371.42
Wednesday, the 16th day of July, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Assistant Chief Commissioner,
F. M. MacPherson, Commissioner.
Upon hearing Counsel for the Applicant —
It is hereby ordered as folloius:
1. The Application will be heard on the 23rd day of September, 1958, at
ten o'clock in the forenoon in the Court Room, Union Station Building, Ottawa,
Ontario.
2. The Applicant shall send by registered mail, not later than July 31,
1958, a copy of the said application and a copy of this Order to Westcoast
Transmission Company Limited, Inland Natural Gas Company Limited, the
Attorney General for the Province of British Columbia, the Public Utilities
Commission of British Columbia, Prince George Gas Company Limited and
Commission Counsel for Canadian National Railways.
3. The Applicant shall cause a copy of the notice attached hereto to be
inserted in four issues of the Prince George Citizen before August 23, 1958.
CLARENCE D. SHEPARD,
Chief Commissioner.
Eagle Lake Sawmills Limited
Notice is hereby given that an application has been made by Eagle Lake
Sawmills Limited to the Board of Transport Commissioners for Canada under
section 51 of the Pipe Lnes Act for an Order directing Westcoast Transmission
Company Limited to provide facilities for the junction of its company pipe
line at or near Shelley, British Columbia, with any pipe line of, and sell gas to,
the Applicant, and to extend, improve and construct such facilities as to the
Board of Transport Commissioners for Canada may seem reasonable and neces-
sary for the purpose of permitting the sale and delivery of such gas.
And further notice is hereby given that the said application will be heard
at a sitting of the Board of Transport Commissioners for Canada in the Court
Room, Union Station Building, Ottawa, Ontario, on the 23rd day of September
1958, at ten o'clock in the forenoon.
Dated the 16th day of July, 1958.
EAGLE LAKE SAWMILLS LIMITED
By:
186
ORDER No. 95034
In The Matter of the application of the Canadian Freight Association for
approval of Supplement No. 16 to Canadian Freight Classification No. 20:
File No. 47833.16
Monday, the 28th day of July, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner,
A. Sylvestre, Q.C., Deputy Chief Commissioner.
Whereas notice has been given by the Canadian Freight Association in The
Canada Gazette, as required by section 325 of the Railway Act, and copies of
the said Supplement have been furnished to the parties named in the General
Order of the Board No. 695, with the request that their objections, if any, be
filed with the Board within thirty days; no one offering any objection:
And upon reading the submissions filed —
It is hereby ordered as follows:
The said Supplement No. 16 to Canadian Freight Classification No. 20, on
file with the Board under file No. 47833.16, is approved.
HUGH WARDROPE,
Assistant Chief Commissioner.
187
SUMMARY OF ORDERS ISSUED BY THE BOARD
94854 July
94855 July
94856 July
94857 July
94858 July
94859 July
94860 July
94861 July
94862 July
94863 July
94864 July
94865 July
94866 July
94867 July
94868 July
94869 July
94870 July
94871 July
94872 July
94873 July
94874 July
94875 July
— Requiring the C.N.R. to install certain protection at the crossing
east of station at Lac aux Sables, P.Q.
— In the matter of location of facilities of Imperial Oil Limited, for
storage of flammable liquids at Cayley, Alberta.
— In the matter of application of the C.N.R. on behalf of Imperial
Oil Limited, for approval of proposed location of facilities for the
storage of flammable liquids at St. Lambert, P.Q.
— In the matter of application of the C.N.R. for approval of plan
showing changes proposed to be made in the protection at crossing
of Highway No. 16 in the Munic. District of Pembina, Alberta.
— In the matter of location of facilities of Imperial Oil Limited for
handling and storage of flammable liquids at Etzikom, Alberta.
— In the matter of location of facilities of Imperial Oil Limited for
the handling and storage of flammable liquids at Mossleigh, Alberta.
— In the matter of location of facilities of Imperial Oil Limited for
handling and storage of flammable liquids at Stavely, Alberta.
— In the matter of location of facilities of Imperial Oil Limited for
handling and storage of flammable liquids at Burdett, Alberta.
— In the matter of the location of facilities of Imperial Oil Limited for
handling and storage of flammable liquids at Ensign, Alberta.
— In the matter of application of the C.P.R. on behalf of The British
American Oil Company Limited, for approval of proposed location
of facilities for storage of flammable liquids at Carman, Manitoba.
— In the matter of the location of facilities of the British American
Oil Company Limited for the handling and storage of flammable
liquids at Nanton, Alberta.
— In the matter of application of the C.N.R. on behalf of the British
American Oil Company Limited, for approval of proposed location
of facilities for the handling and storage of flammable liquids at
Prince George, B.C.
— Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.N.R. by means of a subway at
Mileage 8.69 Harcourt Subd., N.B.
— Permitting the removal of slow order at C.P.R. crossing near
Melville, Ontario.
— Authorizing the Department of Transport to widen Overhead bridge
No. 7 in the Town of Thorold, Ontario, Mileage 5.9 Thorold Subd.,
C.N.R.
— Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Sections 3 and 8.
— Authorizing the C.P.R. to operate its trains over the temporary
track diversion in the City of Montreal at Mileage 8.81 Park
Avenue Subd.
— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Perkins Telephone
Company Limited.
— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada Limited, and Yarker Rural
Telephone Company Limited.
— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada Limited, and The South Crosby
Rural Telephone Company Limited.
— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada Limited, and The Redden Tele-
phone Company Limited.
— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada Limited, and The Verona and
Frontenac Telephone Company Limited.
188
94876 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Haley's Station Tele-
phone Company Limited.
94877 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Newburgh Rural
Telephone System.
94878 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Monk Rural Telephone
Company Limited.
94879 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Addington Telephone
Company Limited.
94880 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Beckwith and Montague
Rural Telephone Company Limited.
94881 July 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Telephone System of
the Munic. of the Township of Roxborough.
94882 July 11 — Requiring the C.N.R. to install certain protection at the crossing of
Main Street, Maxville, Ontario.
94883 July 14 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under Section 3.
94884 July 14 — Authorizing the British Columbia Power Commission to construct a
transmission line over the company pipe line of Westcoast Trans-
mission Company Limited, in the Peace River District of B.C.
94885 July 14 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 14 where it crosses the C.N.R. at Mileage 14.0
Cudworth Subd., Sask.
94886 July 14 — Permitting the removal of slow order at C.N.R. crossing of Marmora
Road, Mileage 18.05 Campbellford Subd., Ont.
94887 July 14 — Authorizing the B.C. Electric Company Limited to close the existing
farm crossing at foot of 29th Avenue, Vancouver, B.C.
94888 July 14 — In the. matter of application of North-West Line Elevators Associ-
ation for an order disallowing Canadian Car Demurrage Tariff
C.T.C. No. 5 to the extent that said tariff might be construed as
including demurrage charges on bulk grain unloaded into public
and semi-public elevators in Western Canada.
94889 July 14 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 3 in St. Francois du Lac, P.Q.
94890 July 14 — Requiring the C.N.R. to install certain protection at the crossing of
Route de la Station, in the Village of Ste. Justine, P.Q.
94891 July 14 — Permitting the removal of slow order at C.N.R. crossing at Mileage
58 Tisdale Subd., Sask.
94892 July 14 — In the matter of facilities of Union Oil Company of Canada Limited
for the handling and storage of flammable liquids at Lethbridge,
Alberta.
94893 July 15 — Authorizing Westspur Pipe Line Company to open for the transporta-
tion of oil a portion of its Frobisher Gathering Lines, Sask.
94894 July 16 — Authorizing Trans-Canada Pipe Lines Limited to carry its company
pipe line across certain public highways in the Township of Perry,
Ontario.
94895 July 16 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Tyvan, Sask.
94896 July 16 — Authorizing Westspur Pipe Line Company to open for the trans-
portation of oil a portion of its Steelman Gathering Lines, Sask.
94897 July 16 — Authorizing the District of Coquitlam, B.C., to construct a public
lane across the company pipe line of Trans-Mountain Oil Pipe Line
Company, New Westminster District, B.C.
94898 July 16 — Authorizing Westspur Pipe Line Company to open for the trans-
portation of oil a portion of its Nottingham Gathering lines in the
Province of Sask.
189
94899 July 16 — In the matter of the C.N.R. application on behalf of Canadian
Propane (Saskatchewan) Limited, for approval of proposed location
of facilities for handling and storage of liquefied petroleum gas at
Kindersley, Sask.
94900 July 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across the company pipe line of West-
coast Transmission Company Limited, in the Province of B.C.
94901 July 16— In the matter of facilities of the Dept. of National Defence (R.C.A.F.)
for the handling and storage of flammable liquids at MacLeod,
Alberta.
94902 July 16 — Authorizing the British Columbia Power Commission to construct
an aerial electric transmission line over the company pipe line of
Westcoast Transmission Company Limited, B.C.
94903 July 16 — In the matter of the Application of the Sask. Department of High-
ways for authority to construct Highway No. 4 over the C.P.R.
at Biggar, Sask.
94904 July 16 — Authorizing Augusta Natural Gas Limited to construct a natural
gas pipe line over the Trans-Northern Pipe Line Company pipe
line in the Twp. of Augusta, Ontario.
94905 July 16 — Authorizing the City of Brantford, Ontario, to relocate Park Road
where it crosses the C.N.R., City of Brantford.
94906 July 16 — In the matter of the application of the C.N.R. for an extension of
time within which it is required to install signal protection at
Commonwealth Ave., Town of Mount Pearl Park-Glendale, Nfld.
94907 July 16 — In the matter of the application of the C.N.R. for approval of clear-
ances on the siding serving Bathurst Containers Limited in Toronto,
Ontario.
94908 July 16 — In the matter of application of The Bell Telephone Company of
Canada, for approval of Alternate Appendix "B" to Traffic Agreement
between it and The Campbell's Bay Rural Telephone Company
Limited.
94909 July 16 — Authorizing the C.P.R. to close the crossing of its railway and
Highway No. 1, in Sec. 12-17-10-W2M., Sask.
94910 July 16 — In the matter of the application of The Bell Telephone Company
of Canada for approval of Alternate Appendix "B" to Traffic Agree-
ment between it and The Enterprise Telephone System Limited.
94911 July 16 — In the matter of the application of The Bell Telephone Company
of Canada for approval of Alternate Appendix "B" to Traffic Agree-
ment between it and South Plantagenet Rural Telephone Company
Limited.
94912 July 16 — In the matter of facilities of the Department of National Defence,
R.C.A.F. for the handling and storage of flammable liquids at North
Battleford, Sask.
94913 July 16 — In the matter of facilities of Imperial Oil Limited for handling and
storage of flammable liquids at Neidpath, Sask.
94914 July 16 — In the matter of the application of the C.P.R. for an Order extend-
ing the time within which it is required to install automatic protec-
tion at the crossing of its railway and Highway 43 between
Concessions 2 and 3, Lots 9 and 10, Twp. of Roxborough, Ont.
94915 July 16 — Authorizing an extension of time within which the C.N.R. is required
to install automatic protection at the crossing of its railway and the
highway in the Town of Mount Pearl Park-Glendale, Nfld.
94916 July 16 — Authorizing the N.Y.C. Railway Company to operate its trains under
the overhead bridge at Mileage 113.63 from Niagara Falls, Ontario.
94917 July 16 — In the matter of the application of The Bell Telephone Company
of Canada for approval of Supplement to Traffic Agreement between
it and Dunnville Consolidated Telephone Company Limited.
94918 July 16 — In the matter of the application of The Bell Telephone Company
of Canada for approval of Alternate Appendix "B" to Traffic Agree-
ment between it and La Cie de Telephone Rural Ste-Angele de
Laval.
190
94919 July 16 — In the matter of application of The Bell Telephone Company of
Canada for approval of Alternate Appendix "B" to Traffic Agree-
ment between it and The Fort Coulonge Rural Telephone Company
Limited.
94920 July 17— In the matter of application of the C.P.R. on behalf of The British
American Oil Company Limited, for approval of proposed location
of additional facilities for handling and storage of flammable liquids
at Port Moody, B.C.
94921 July 16 — In the matter of application of the City of Prince George, B.C. for
on Order directing Westcoast Transmission Company Limited to
provide facilities for the junction of its company pipe line with any
pipe line of the applicant.
94922 July 16 — In the matter of application of the Eagle Lake Sawmills Limited
for an Order directing Westcoast Transmission Company to provide
facilities for the junction of its company pipe line at or near
Shelley, B.C.
94923 July 17 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Ste. Madeleine, P.Q.
94924 July 17 — Permitting the removal of slow order at C.N.R. crossing at Mileage
80.35 Grand Falls Subd., New Brunswick.
94925 July 18 — Authorizing the C.P.R. to remove the station building at Brantford,
Ontario.
94926 July 18 — Authorizing the C.N.R. to remove the caretaker and the station
building at Dunkeld, Ont.
94927 July 18 — Authorizing the C.P.R. to remove the caretaker at McAlpin, Ont.
.94928 July 18 — In the matter of application of the C.N.R. for approval of proposed
location of facilities for the handling and storage of flammable
liquids at Trenton, Ont.
94929 July 18 — Authorizing Trans-Northern Pipe Line Company to open for the
transportation of oil a portion of its company pipe line in the Twp.
of East York, Ontario.
94930 July 18 — In the matter of the application of The Bell Telephone Company
for approval of Alternate Appendix "B" to Traffic Agreement between
it and La Compagnie de Telephone de Nicolet Limitee.
94931 July 18 — Authorizing the C.N.R. to operate over the subway at Mileage 110.95
Sydney Subd., N.S.
94932 July 18 — Authorizing the Steelman Gas Limited to construct a gas main
across the company pipe line of Westspur Pipe Line Company in the
NWi Sec. 10-4-6-W2M., Prov. of Sask.
94933 July 18 — Authorizing Steelman Gas Limited to construct a gas line across
the Westspur Pipe Line Company in the NE£ Sec. 9-4-6-W2M.,
Prov. of Sask.
94934 July 18 — In the matter of the application of the C.P.R. on behalf of Tide-
water Oil Company for approval of facilities for loading of crude
oil from tank truck to tank car at Kennedy, Sask.
94935 July 18 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
94936 July 18 — Requiring the C.N.R. to install certain protection at the crossing
of the Highway in the parish of St. Constant, P.Q.
94937 July 18 — Relieving the C.N.R. from erecting right of way fences between
certain mileages on its Vegreville Subd., Alta.
94938 July 18 — In the matter of Tariffs filed by The Bell Telephone Company of
Canada.
94939 July 18 — Authorizing the Ontario Dept. of Highways to reconstruct the over-
head bridge carrying Highway No. 27 across the C.N.R. in the
Township of Etobicoke, Ontario.
94940 July 18 — In the matter of installation of automatic protection at the crossing
of the C.P.R. and Cremazie Boulevard, Montreal, P.Q.
94941 July 18 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Tuffnell, Sask.
191
94942 July 21 — Authorizing the Ontario Department of Highways to construct
Highway No. 20 across the C.N.R. by means of an overhead bridge
in the Twp. of Thorold, Ontario.
94943 July 21 — Permitting the removal of slow order at C.N.R. crossing of Fifth
Avenue, Hornepayne, Ontario.
94944 July 21 — Requiring the C.P.R. to install certain protection at the crossing of
Main Street, Gatineau, P.Q.
94945 July 21 — In the matter of application of the Dept. of Highways and Trans-
portation for the Prov. of Saskatchewan, for authority to construct
Highway No. 27 across the C.N.R. at Mileage 34.54 Aberdeen
Subdivision.
94946 July 21 — In the matter of application of the C.N.R. on behalf of Orecan Oil
Limited for approval of crude oil loading facilities at Kingsford,
Saskatchewan.
94947 July 21— In the matter of application of the C.N.R. on behalf of The British
American Oil Company Ltd. for approval of the proposed location
of facilities for the handling and storage of flammable liquids at
Richards, N.B.
94948 July 21 — In the matter of the application of the C.N.R. on behalf of Imperial
Oil Limited for approval of the proposed location of additional
facilities for the handling and storage of flammable liquids at
Chauvin, Alta.
94949 July 21 — In the matter of the application of the C.N.R. on behalf of Charter
Oil Company Limited, for permission to load crude oil into tank
cars from tank trucks at Youngstown, Alta.
94950 July 21 — Authorizing Westcoast Transmission Company Limited to construct
its company pipe line in the Peace River District of B.C.
94951 July 21 — Approving plan showing location of a portion of Westcoast Trans-
mission Company's pipe line in the Peace River District of B.C.
94952 July 21 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited for approval of proposed location of facilities for
handling and storage of flammable liquids at Duval, Sask.
94953 July 21 — In the matter of application of the C.P.R. on behalf of Imperial Oil
Limited for approval of proposed location of facilities for handling
and storage of flammable liquids at Nelson, B.C.
94954 July 22 — In the matter of rearrangement of existing crossing signals at
crossing of T.H. & B. Rly. Company and Main Street, Hamilton,
Ontario.
94955 July 22 — Authorizing the C.N.R. to remove the caretaker at Underhill,
Manitoba.
94956 July 22 — Authorizing the N.Y.C. Railroad Company to discontinue as an
agency their station at Mull, Ontario.
94957 July 22 — Permitting the removal of slow order at C.N.R. crossing north of
Gormley, Ontario.
94958 July 22— In the matter of application of The Bell Telephone Company of
Canada Limited for approval of supplement to Traffic Agreement
between it and Le Telephone de St. Ours, Enrg.
94959 July 22— Authorizing Cities Service Oil Company Limited to construct a pipe
line under the company pipe line of Trans-Northern Pipe Line
Company south of Dundas St., Twp. of Trafalgar, Ontario.
94960 July 22 — Authorizing the Twp. of North York, Ontario, to construct a water
main under the company pipe line of Trans-Northern Pipe Line
Company in the Twp. of North York.
94961 July 22— Permitting the removal of slow order at the C.N.R. crossing north
of Gormley, Ontario.,
94962 July 22 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 29.64 Mountain Subd., B.C.
94963 July 22 — In the matter of application of the Department of Highways of
B.C. for an Order authorizing the C.P.R. to divert a portion of its
Merritt Subd., B.C.
192
94964 July 22 — Authorizing the Manitoba Dept. of Public Works to relocate and
widen Highway No. 2 where it crosses the C.N.R. at Mileage 12.88
Wawanesa Subd.
94965 July 22 — In the matter of filing of tariffs by The Bell Telephone Company of
Canada Limited.
94966 July 22 — In the matter of filing of tariffs by Canadian National Telegraphs.
94967 July 22 — Authorizing the Municipality of Metropolitan Toronto to recon-
struct the overhead bridge at the intersection of Victoria Park
Avenue and the C.P.R., Township of North York, Ont.
94968 July 22 — Requiring the C.N.R. to install certain protection at the crossing
of St. Marc-St. Casimir Road and the C.N.R. in the Municipality of
St. Casimir, Que.
94969 July 22 — Authorizing the City of Corner Brook, Nfld., to construct the high-
way across the C.N.R. at Mileage 406.95 Port aux Basques Subd.,
Newfoundland.
94970 July 22— In the matter of filing of tariffs by the C.P.R. Company Com-
munications Department.
94971 July 23 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R.
94972 July 23 — In the matter of application of the C.P.R. on behalf of The British
American Oil Company Limited, for approval of proposed location
of facilities for the handling and storage of flammable liquids at
Victoria, B.C.
94973 July 23 — In the matter of the application of the C.N.R. on behalf of Imperial
Oil Limited for approval of the proposed location of facilities for
the handling and storage of flammable liquids at Edenwold, Sask.
94974 July 23 — In the matter of the application of the C.P.R. on behalf of Standard
Oil Company of British Columbia Limited, for approval of proposed
location of additional facilities for the handling and storage of
flammable liquids at Rock Creek, B.C.
94975 July 23 — Authorizing Interprovincial Pipe Line Company to construct its
company pipe line across and under the two underground telephone
lines and cables of The Bell Telephone Company of Canada, south
of Dundas St., Twp. of Trafalgar, Ont.
94976 July 23 — Authorizing the Dept. of Highways and Transportation for the
Prov. of Saskatchewan to widen Highway No. 35 where it crosses
the C.P.R. at Mileage 131.7 Tisdale Subd.
94977 July 23 — Permitting the removal of slow order at C.N.R. crossing west of
Semans Station, Sask.
94978 July 24 — In the matter of application of the City of Drummondville for
authority to construct a subway at the crossing of the C.N.R. and
St. Joseph Boulevard, Drummondville, P.Q.
94979 July 24 — Authorizing the C.N.R. to remove the caretaker at LaVallee, Ontario.
94980 July 24 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Emerson Subd., Man.
94981 July 24 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on the west side of its Melfort Subd., Sask.
94982 July 24 — Authorizing the C.N.R. to construct an industrial track across 9th
Street East, Calgary, Alberta.
94983 July 24 — Authorizing the C.N.R. to operate over the subway near Rochfort
Bridge, Alta.
94984 July 24 — In the matter of the application of the C.N.R. for an Order extending
the time within which they are required to install automatic signal
protection at St. Francois St., Town of Victoriaville, P.Q.
Cfje ^oarti of
®ran£port Commissioners; for Canatra
Judgments, Orders, Regulations and Rulings
Vol. XL VIII OTTAWA, SEPTEMBER 1, 1958 No. 11
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation, issued on February
15, 1958, to have been effective on March 16, 1958, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit, Michigan,
and which said tariff was suspended by Board's Order No. 93843, dated
the 11th of March 1958, in order to determine the reasonableness of the
said tariff and to permit the applicant to justify it.
File No. 35943.5
Before:
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
Hugh E. O'Donnell, Q.C., and George C. Richardes, Q.C., for
The Detroit and Windsor Subway Company and Detroit &
Canada Tunnel Corporation.
James E. Watson, Q.C., for the City of Windsor.
Robert Reese, for the City of Detroit.
Heard at Windsor, Ontario, May 13, 1958.
JUDGMENT
By the Board:
Our Judgment of January 28, 1941, referred to the background, and
briefly summarized the situation with respect to tolls after the Tunnel was
opened for traffic November 3, 1930; there is no need to again outline those
matters in this Judgment. However, since further evidence has been presented
in this case in respect to reproduction cost new, we will point out what we
said on the subject of rate base in our 1941 Judgment. After stating in
that Judgment:
"We cannot accept the rate base of $3,776,349.28 submitted by the
City of Windsor, as the amount of capital investment upon which the
Shareholders of the Corporation are entitled to a fair return",
193
61410-7—1
194
we referred to items to be taken into consideration in establishing a rate base
but we did not fix a specific figure. In this connection we said:
"It seems probable from a study of the record that the figure would be
around $10,000,000. If we were to accept the contention of the City of
Windsor that a rate of return of 5 per cent is sufficient for the Shareholders,
it becomes evident that in no year smce 1936 has the Corporation been
able to show a rate of return anywhere near 5 per cent."
We have considered all the evidence submitted in this case and we do not
believe that it is either necessary or desirable that specific rate base and rate
of return figures be set down in reaching a decision as to a reasonable level of
rates. Our finding in the 1941 case v/as:
"That it has not been proven that the proposed tolls are unreasonable
or will produce more than reasonable revenue requirements of the com-
panies, and may fall far short of doing so. The tariffs under suspension
will be approved and may be made effective immediately."
Again in our Judgment of September 28, 1951, we found:
"That the company is entitled under prevailing conditions to earn
more revenue than the tariff presently in force permits it to earn."
Some proposed increases in tolls were considered unreasonable and were not
allowed, but modified tolls were authorized.
We have considered all the submissions and arguments whicn have been
presented in this case, both on their own merits and in relation to our two
previous decisions, hereinbefore referred to, where the low level of earnings
was found to justify increases in rates. In reaching a decision as to whether
the level of earnings forecast for the fiscal year 1958 at present rates may be
considered so low as to be unreasnable, we have examined the net income for
past years as shown in Annual Reports to Shareholders.
The highest net income reported for the fiscal years 1930 to 1940 inclusive 1
was in 1939 when net income reached $105,865. This was followed by a net
loss of $9,432 for the fiscal year ending October 31, 1940, and on August 30
of that year the company filed with the Board a new tariff containing increased
rates. This is the tariff which was suspended and later permitted to be made
effective by our Judgment of January 28, 1941.
Net income for the years 1941, 1942 and 1943 was $60,460, $78,787 and
$97,011 respectively. During these years there were restrictions on travel and
vehicular traffic declined; tunnel bus traffic began to show an upward trend
in 1942 and 1943.
In 1944 both vehicular and tunnel bus traffic increased and continued to
increase in 1945 and 1946. Net income rose to $271,958 in 1944, $523,233 in
1945 and $657,722 in 1946.
Tunnel bus traffic turned downward in 1947 but vehicular traffic continued
to increase and net income remained above $500,000 until 1951; it reached its
highest level of $677,140 in 1948, dropped to $534,163 in 1949 and rose to
$571,037 in 1950.
In 1951 net income dropped to $440,530 and in March of that year the
company filed a new tariff containing increased rates. This tariff was approved,
with modifications, in our Judgment of September 28, 1951.
Net income for 1952 at $479,761 was only about $39,000 higher than in
1951, but in 1953 it increased to $610,274. In each of the succeeding years
195
from 1954 to 1957 inclusive, net income continued to exceed $600,000, although
in 1954 it would only have been $594,138 except for the inclusion of a non-
recurring profit of $56,805. Net income for the year ending October 31, 1957,
was $630,888.
The company forecast for the fiscal year ending October 31, 1958, Exhibit
No. 17, shows estimated net income of $571,411 under present rates; and
Exhibit No. 24 indicates that the estimated net income for the fiscal year 1958
would be increased to $650,725 if the proposed rates were effective from
June 1, 1958.
We have examined the changes in the tolls and volume of traffic since
the Tunnel was opened for operation in 1930, and this examination, as
might be expected, indicates that the net income position of the company is
closely related to major changes in traffic volume. This fact was pointed out
by the President of the company in the 1931 Annual Report to Shareholders
where he stated:
"As a considerable portion of the expenses, such as taxes, insurance,
etc., are fixed it is impossible to reduce operating costs in direct proportion
to reduction in revenues. It is also a fact that operating costs will be
affected very little with a return to a more normal volume of traffic so
that any increase in gross revenue will result in a substantial increase
in net."
Exhibit No. 3 which was filed by the company showed traffic volume by
fiscal years from 1951 to 1958, the latter being based on six months actual
and six months estimated. This Exhibit indicated that vehicular traffic in total
had fluctuated from year to year but had shown a general upward trend from
1951 to 1956 followed by some decline in 1957 and a further forecast decline
in 1958; the Exhibit also indicated that there had been a shift from cash cars
to so-called commuter cars. Tunnel bus passenger traffic, on the other hand,
had shown a general downward trend since 1951 and in this connection
Witness Reese stated:
"Well, the tunnel bus passengers, I would say, is following a national
pattern both in Canada and the United States by reason of mass trans-
portation moving away to automobile driver no doubt."
While general changes in the pattern of traffic result in changes in traffic
revenue, the latter is also influenced by changes in the average revenues from
the different types of traffic, i.e. cash passenger cars, ticket passenger cars,
commercial vehicles, foreign buses, extra passengers in passenger vehicles and
commercial vehicles and tunnel bus passengers. The net result of estimated
changes in revenue, together with expense changes from the fiscal year 1957
to the fiscal year 1958, may be determined from an examination of Exhibits
Nos. 1 and 17.
A comparison of Exhibits Nos. 1 and 17 shows that the forecast decline
in net income in fiscal year 1958 is $59,477. This forecast decline in net
income reflects an estimated decrease in revenues of $48,646. It has not been
suggested that the reductions in traffic revenues are of a permanent nature,
and we consider it reasonable to expect that traffic will recover and experience
further growth with a revival of activity on both sides of the river. The
experience since 1951 indicates that although fluctuations have occurred from
year to year, revenues have been able to keep ahead of increasing costs and net
income can continue to increase under the present level of rates.
61410-7— li
196
It is our opinion that the forecast of net income for the year ending
October 31, 1958, and the evidence submitted in this case do not justify a
conclusion at this time and under the present circumstances that the present
level of rates is unreasonable or that an increase in tolls should be approved.
The application is therefore dismissed.
HUGH WARDROPE,
Assistant Chief Commissioner.
Ottawa, June 25, 1958.
I concur:
H. B. CHASE
ORDER No. 94703
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor . Subway
Company and Detroit & Canada Tunnel Corporation, issued on February
15, 1958, to have been effective on March 16, 1958, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit, Michigan,
and which said tariff was suspended by Board's Order No. 93843, dated
the 11th of March, 1958, in order to determine the reasonableness of the
said tariff and to permit the applicant to justify it:
File No. 35943.5
Friday, the 27th day of June, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the matter pursuant to the said Order No. 93843 at a sitting
of the Board held in Windsor, Ontario, on May 13, 1958, in the presence of
Counsel for The Detroit and Windsor Subway Company and Detroit & Canada
Tunnel Corporation, the City of Windsor and the City of Detroit —
It is hereby ordered as follows:
The said tariff is disallowed.
The Board of Transport Commissioners for Canada.
HUGH WARDROPE,
Assistant Chief Commissioner.
197
In the matter of the application made on behalf of the Department of Highways
of the Province of Quebec for an Order authorizing the reconstruction
of the tunnel at the intersection of Highway No. 38 and the Canadian
National Railways' tracks, in the Municipality of the Parish of Ste.
Dorothee, County of Laval, Province of Quebec:
File No. 2342.109
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Heard at:
Montreal, Que., on April 9th, 1958.
Appearances:
Senator Leon Methot, Q.C., for the Department of Highways
of the Province of Quebec.
H. J. G. Pye
and for the Canadian National
S. Tucci Railways.
JUDGMENT
Chase, Commissioner:
HISTORY
The existing subway at the intersection of Highway No. 38 and the Cana-
dian National Railways (hereinafter sometimes referred to as the "Railways")
was constructed pursuant to Order No. 20032 dated August 14, 1913, which
reads in part as follows:
"ORDER NO. 20032
Thursday, the 14th day of August, A.D. 1913
IT IS ORDERED that the application for a level crossing be not
granted; and that the Applicant Company be, and it is hereby, auth-
orized to construct a subway, twelve feet in height, over the said
public road as diverted, on lots 81 and 82, in the said Parish of Ste.
Dorothee, as amended in blue on the plan on file with the Board
under the said file No. 2342.109; the Applicant Company in no way
to be held responsible for water conditions in or upon the approaches
to the said subway; and detail plans of the proposed structure to be
submitted for the approval of an Engineer of the Board."
A translated copy of the application in this case reads as follows:
"Application of the Honourable Antonio Talbot, Q.C., Minister
of Roads of the Province of Quebec, requesting the Board of Transport
Commissioners for Canada to issue an order authorizing the recon-
struction of the tunnel at the intersection of Highway 38 and the
Canadian National Railway tracks, in the Municipality of the Parish
of Ste. Dorothee, County of Laval.
The applicant respectfully submits that:
1. For the protection, safety and convenience of the public, it is advisable
to rebuild the tunnel at the intersection of Highway 38 and the Canadian
National Railway tracks, in the Municipality of the Parish of Ste. Dorothee.
County of Laval, as shown on the plans and profiles dated May 28, 1956, and
of the cross-section, dated July 5, 1956, prepared by the Department of Roads
of the Province of Quebec;
m\
198
2. This tunnel, built in 1913, is obsolete and constitutes a menace to public
safety. For economy purposes in favour of the railway company, the tunnel
was not built on the site of the existing road, therefore necessitating sharp
curves at the approaches, which it is essential to improve;
3. To reduce or eliminate pumping costs, the deck of the bridge should be
built as thin as possible even if the cost thereof is higher;
4. The reconstruction and maintenance costs of this tunnel should be
apportioned as follows:
• Construction:
Board of Transport Commissioners for Canada 30%
Canadian National Railways 35%
Department of Roads of the Province of Quebec 35%
Maintenance:
Canadian National Railways 50%
Department of Roads of the Province of Quebec 50%
WHEREFORE the applicant requests the Board of Transport Commission-
ers for Canada to issue an order directing the reconstruction of the said tunnel
in the manner and in accordance with the above-mentioned conditions.
Quebec, July 13, 1956.
(SGD) A. BERGERON,
Deputy Minister."
Subsequent to the application being made, the Railways, through the
medium of a number of letters, took the position that, while they had no objec-
tion to the reconstruction of the subway, their contribution towards the cost
thereof should be limited to $5,000, provided they were not required to bear
any of the maintenance costs. Here it should be stated that the Railways paid
the full cost of the construction and maintenance of the existing subway.
The Department of Roads of the Province of Quebec (hereinafter some-
times referred to as the "Department") took the position that a contribution
of $5,000 from the Railways was not sufficient and requested that the matter
be put down for hearing.
Following an inspection and report made by one of the Board's Engineers,
the matter was heard in the City of Montreal on April 9th, 1958, and it being
agreed between the parties and the Board that an Order should issue authoriz-
ing the construction of the subway and reserving the matter of the apportion-
ment of costs, Order No. 94305, dated May 7th, 1958, was issued, which reads
in part as follows:
"1. The Applicant is authorized to construct Highway No. 38
across the right of way of Canadian National Railways, by means of
a subway, in the Parish of Ste. Dorothee, County of Laval, Province
of Quebec, at mileage 7.77 Montfort Subdivision, as shown on Plan
No. C-18245, dated May 9, 1957, on file with the Board under file
No. 2342.109.
2. The said subway shall be constructed in accordance with the
provisions of General Order No. 589; detailed plans showing the con-
struction thereof shall be submitted for the approval of an Engineer
of the Board.
3. Upon the subway hereby authorized being open to the public
the Applicant shall close and dismantle the existing subway at mileage
7.79 Montfort Subdivision.
199
4. The question of the apportionment of the cost of construction
and maintenance of the subway hereby authorized, as well as the
cost of dismantling the existing subway, is reserved for further con-
sideration and order of the Board."
THE HEARING
During the hearing evidence was introduced which indicated that prior
to the construction of the existing subway the highway was straight at its
intersection with the railway. The width of the road at the location varied
between 32 and 37 feet and in some places was 40 feet; the travelled portion
was of less width. The highway was diverted, which resulted in sharp curves
being introduced on both sides of the subway. The subway itself was 20 feet
wide and 12 feet high.
The subway, as reconstructed, will straighten the road and approaches
to almost its original position. The Railways estimate that the construction
costs of the subway itself will amount to $105,900. The estimated cost of the
necessary changes in the highway, etc., was said to be $45,400, making a grand
total of $151,300. The reconstructed subway is to be wider, with a centre pier
and sidewalks, and is to be 14 feet in height.
There being no disagreement between the parties as to the necessity for
reconstruction, there remained only the question of apportionment of costs.
Counsel for the Department maintained the position taken in its application
as above set forth, namely:
Construction Costs
30% Railway Grade Crossing Fund
35% Canadian National Railways
35% Department of Roads of the Province of Quebec
Maintenance Costs
50% Canadian National Railways
50% Department of Roads of the Province of Quebec
On the other hand, Counsel for the Railways argued that the benefit to
the Railways was estimated by them at $5,000, (being $250.00 per annum,
capitalized) and that they should not be required to contribute any larger
amount but should be ordered to contribute only $5,000 — provided that they
were relieved of all future maintenance of the subway.
CONCLUSIONS
After a full and careful consideration of all that was placed before us, I
am unable to agree with the arguments advanced by either the Railways
or the Department.
It is undoubtedly true that, at the time when the railway was built and
the subway constructed, there was very little highway traffic and, on the other
hand, there were very few trains being operated. The report made by one
of the Board's Engineers indicates that the intersection of the highway and
railway is in about the middle of a community of some 100 residences, plus
business establishments, church, school, etc.
There is a moderately heavy through vehicular traffic and a fair volume
of local traffic. The children from 40 westerly residences must use the subway
as an access to the school, church, etc., on the east side, while all other pedes-
trians, including commuters to and from the C.N.R. station, have only the
subway as access from one half of the town to the other.
200
The railway traffic consists of an average of 23 passenger trains and one
freight train daily, except on Sunday, when 17 passenger trains and no regular
freight trains are operated.
Due to the 5 per cent grades on the existing subway approaches on sharp
reverse curves and the moderately heavy traffic, there is a vehicular congestion
and considerable danger of collision at and near the subway. Further, as
there are a large number of pedestrians — including school children — who have
no access from one side of the town to the other (except by walking on the
narrow road through the subway or trespassing on the busy C.N.R. track)
the need for reconstruction of the subway, with pedestrian sidewalks, is
apparent.
The proposed structure, with two 15-foot wide laneways and two 5-foot
sidewalks on the highway diversion, as shown on C.N.R. Plan C- 18245, will
adequately provide safe access for highway and pedestrian traffic, and the
inspection made by the Board's Engineer reveals that the site is ideally located.
Having regard to the above, it occurs to me that the offer of a contribution
of $5,000 from the Railways is most unrealistic, and I feel that they have some
responsibility beyond the capitalized cost of maintenance and out-of-pocket
expenses, upon which the proposed contribution of $5,000 was based.
On the other hand, the Department must accept a greater amount of
responsibility by reason of the fact that a considerable amount of the improve-
ment is made necessary by the increase in vehicular and pedestrian traffic
through the subway.
I would therefore apportion the costs as follows:
Construction:
30%, not exceeding the sum of $45,390, from the Railway Grade
Crossing Fund.
$20,000 to be paid by the Canadian National Railways.
The balance to be paid by the Department of Roads of the Prov-
ince of Quebec.
Maintenance:
The Canadian National Railways to pay the cost of maintenance
of the track structure, and 50% of the cost of maintenance of
the subway proper.
The Department of Roads of the Province of Quebec to pay all
maintenance costs with respect to the roadway and the sidewalks,
and 50% of the maintenance of the subway proper.
I would also re-confirm that part of Board's Order No. 20032 quoted above,
namely:
"The Canadian National Railways is in no way to be held responsible
for water conditions in or upon the approaches to the said subway."
(SGD) H. B. CHASE
I concur: (SGD) A. SYLVESTRE
July 2, 1958.
201
ORDER NO. 94764
In the matter of the application made on behalf of the Department of Highways
of the Province of Quebec for an Order authorizing the reconstruction
of the tunnel at the intersection of Highway No. 38 and the Canadian
National Railways' tracks, in the Municipality of the Parish of Ste.
Dorothee, County of Laval, Province of Quebec
And in the matter of the apportionment of the cost of construction and main-
tenance of the subway authorized to be constructed by Order No. 94305,
dated May 7, 1958:
File No. 2342.109
Thursday, the 3rd day of July, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed; and upon the consent of the Depart-
ment of Roads of the Province of Quebec — it is hereby ordered as follows:
1. Thirty per cent of the cost of reconstruction of the said subway, not
exceeding, however, the sum of $45,390.00, shall be paid out of The Railway
Grade Crossing Fund, $20,000 shall be paid by the Canadian National Rail-
ways, and the balance of the said cost shall be borne and paid by the Depart-
ment of Roads of the Province of Quebec.
2. The Canadian National Railways shall pay the cost of maintenance of
the track structure and fifty per cent of the cost of maintenance of the subway
proper.
3. The Department of Roads of the Province of Quebec shall pay all main-
tenance costs of the roadway and the sidewalks, and fifty per cent of the
cost of maintenance of the subway proper.
4. The Canadian National Railways shall in no way be held responsible
for water conditions in or upon the approaches to the said subway.
(SGD) HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
61410-7—2
202
Regrouping of telephone exchanges of The Bell Telephone Company of Canada,
pursuant to the provisions of Circular No. 267.
File No. 46638.1
JUDGMENT
By the Board:
In accordance with the requirements of our Circular No. 267, The Bell
Telephone Company of Canada, hereinafter referred to as the Company, filed
with us Reports numbered 422 to 449A on April 30, 1958 and Reports numbered
450 to 478 on May 15, 1958, setting out particulars of the number of telephones
in service during the six months' period ended February 28, 1958. Copies of
these reports were sent to the municipal or other governing body of each
exchange area, in order that they might be enabled to make any relevant
representations to us. Eleven submissions were received, nine of which
expressed objections to the Reports.
Before dealing with these submissions, the following extract from our
Judgment of February 13, 1952 (41 J.O.R. & R. 393; 71 C.R.T.C. 280), with
respect to the regrouping of certain telephone exchanges of the Company, will
afford an understanding of the principles and the considerations involved:
'In the 1950 Judgment authorizing increased rates and charges for
exchange services of The Bell Telephone Company of Canada (herein-
after called the company) we approved the division of such rates into
ten groups according to the total number of telephones in service. The
groups thus authorized are as follows:
Total telephones
in local service Rate Group
area number
lto 500 1
501 to 1,000 2
1,001 to 2,000 3
2,001 to 5,000 4
5,001 to 10,000 5
10,001 to 20,000 6
20,001 to 50,000 7
50,001 to 100,000 8
100,001 to 250,000 9
Over 250,000 10
and rates for the various exchange services have been fixed at varying
levels accordingly.
'It may be noted that the principle of varying exchange rates according
to the grouping by total telephones is of long standing, and is used generally
throughout this continent. The chief purpose of such grouping is to give
recognition to the greater potential value of service afforded by a larger
number of telephones interconnected through the medium of the larger
exchanges. We dealt with this feature in our 1927 Judgment (34 C.R.C. 1)
and said:
"Under existing rates, residential telephones in different districts
presented some material features of discrimination. The charge for
residence exchange service in the City of Ottawa has been running
at $2.57 for a one-party line. Ottawa is classed as a city whose tele-
phone stations are over 20,000 and less than 50,000, and from the
203
schedule it appears that cities having as small a number as 2,000 such
as Woodstock, Brockville, and Lachine, carry the same rate of $2.57.
If we recognize the principle that the telephone user should pay
somewhat in proportion to the facilities provided, that is to say, that
a person whose telephone is connected with from 20,000 to 50,000
stations has a service more valuable than is provided by a telephone
connected with half that number of stations, it is obvious that great
discrimination exists as against Woodstock and other places of that
size in favour of the city of Ottawa."
'At the time of the hearing of the 1950 case, certain of the respondents
in the larger exchange areas sought to have the company's application
rejected on the grounds that the company had failed to re-group a large
number of exchanges in accordance with the group limits prescribed in
1927. In our Order No. 74810 of July 7, 1950, we made it a first con-
sideration that the deferred regrouping be proceeded with in applying the
interim rates authorized.
'In our final Judgment in the 1950 case we stated:
"No precise formula has been developed to automatically shift an
exchange from one group to another. There must be a period in
which the growth or decline of telephone service, over or under group
limits, will require study. Acceptance of the grouping plan implies
that any departures therefrom tend to indicate unjust discrimination —
a condition which the statute charges us to remove. I am of the opinion
that telephone companies subject to our jurisdiction, who provide
exchange rates on the group plan, should be required to report
promptly to us when an exchange has either out-grown its group,
or has a total telephone factor less than the group in which it is
presently placed, and that such report should indicate clearly what
factors thereof warrant a change of such grouping immediately or at
some future date. If a change of grouping is then found necessary,
appropriate action could be taken to authorize such change."
'After having considered the matter of re-grouping, and to avoid
further compaints re the failure to re-group as such became necessary,
we issued our Circular No. 287 setting out the procedure to be followed.
To avoid possible frequent changes which might occur if rates were
adjusted whenever an exchange went over or under the group limit, we
adopted a tolerance of five per cent over or under such limit before any
report was made to the Board.
'The Circular provides for the submission of information twice yearly
for each exchange having exceeded by five per cent or more the group
limit; information respecting the monthly level of telephones in the
preceding six months; the nature of the changes by class of service; the
trend of growth or decline in business activities, residential accommoda-
tion, employment and earnings; and the number of orders for telephone
service awaiting completion.
'It was directed that a copy of such report be sent concurrently to
each municipal or other governing body of the city, town, or other similar
area served by the exchange, with the right being reserved to such bodies
to make relevant submissions to us concerning the matter within a period
of thirty days.'
In the present case, copies of the Company's reports pursuant to Circular
No. 267 were sent to the municipal or other governing bodies of the exchange
areas affected thereby.
61410-7— 2J
204
The submissions of the Town of Oakville and of the Parish of St. Bruno
state that they have no objection to any regrouping of exchanges that might
be ordered by the Board. The nine submissions containing objections to
regrouping are summarized below:
Re. Reports No. 445 and No. 445A, L'Annonciation, Que., Exchange:
The Municipal Corporation of L'Ascension, Labelle Couny, Que.,
objects to regrouping on the grounds that the multi-party telephone service
provided in its community is overloaded and that a particular telephone
line was defective for a period of ten days.
Re. Report No. 464, Madoc, Ontario, Exchange:
The Council of the Township of Madoc requests that regrouping be
deferred by the Board until such time as the overloading of multi-party
telephone lines in the area is corrected.
Re. Reports No. 424, No. 425 and No. 426, Niagara Falls, Ontario, Exchange
(including the Chippawa Exchange):
The Council of the City of Niagara Falls objects to regrouping because
it would bring about an increase in rates. It opposes such increase for
the following reasons: (a) It was satisfactorily shown by opposing briefs
in the recent general increase application that the Company was not in
need of an increase in rates; (b) Increased demand and revenues normally
enable a utility to maintain, or even reduce, existing rates; (c) It would
assist in an early recovery from the present recession; and (d) Groupings
could be maintained or revised without tying them into the rate structure.
Mr. W. A. Snyder of Niagara Falls, Ontario, protests against any
increase in rates. He expresses the opinion that the Company has installed
just sufficient extra facilities to bring the exchange into a higher rate
bracket and points to the recent addition of the "EL6" exchange in the
Niagara Falls Exchange area. He endorses the submission of the City of
Niagara Falls and asks the Board "to reject this latest application of the
Bell Telephone Company or to at least defer any action and grant a hearing
in this area for the benefit of those most concerned."
Local 505 of the United Electrical, Radio and Machine Workers' Union
protests against any special rate increase in the Niagara Falls area, and
the Township of Willoughby states that the quality of service in the area
is diminishing with the increase in the number of telephones.
Re. Report No. 434, Oshawa, Ontario, Exchange:
The Corporation of the City of Oshawa takes the position that this
Report fails to establish any case for an increase in rates in the Oshawa
Exchange. It submits that Section 335 of the Railway Act imposes a
statutory onus on the Company to justify an increase in rates and that this
onus has not been met. It accepts the view that rates should be related
to the value of service available to a subscriber to an exchange but argues
that the total number of telephones in service is an inaccurate and unsatis-
factory index of that value.
In the opinion of the City, it is increased communication or potential
increased communication, between persons which is of value to a subscriber,
rather than any mere increase in the number of telephone instruments
connected to an exchange. It considers that residential extension telephones
result in no increase in the number of persons placed in communication
205
through an exchange, but are almost entirely a matter of internal con-
venience to the household using them. Commercial extension telephones,
it is submitted, are to a very large extent private intercommunication
systems and the increase in value resulting from them is much smaller
than the mere numbers of such extensions would indicate. Pay telephones
are not listed in the telephone directory and are only useful for outgoing
calls.
The City submits that, if the number of telephones in service is to
be used as a guide in determining the grouping of an exchange for rate-
making purposes, then residential extensions and pay telephones could
properly be disregarded and the number of commercial extensions could
be discounted by one third. In that event, the City of Oshawa would
remain in Group 6.
Re. Reports No. 436, No. 436A, No. 437 and No. 437A, Roberval, Que.,
Exchange:
The Municipal Council of the City of Roberval admits the necessity
of forming new groups, on account of the increase in the number of sub-
scribers in some groups, but it urges the Board to allow no increase in
rates within the municipality.
The Corporation of Roberval Parish objects to regrouping because
the existing service could be improved and the Parish is served only by
multi-party lines with as many as twelve subscribers per line in some
instances. It also objects to regrouping on the grounds that it would
represent a further increase in the cost of living.
Re. Reports No. 472 and No. 47 2 A, St. Eustache, Que., Exchange:
The Town Council of St. Eustache states that it will not accept Report
No. 472, but that it will not oppose a change in rate grouping if the area
of the exchange is connected to Montreal. It appears to assert that the
St. Eustache exchange suffers prejudice by the inclusion in the total
telephone count of the telephone stations located in the Laval West area,
an area for which the Company proposes to establish a separate exchange
later in the year in connection with its Montreal extended area service
plan. It states that it does not understand that one locality can serve to
determine the rate grouping of two different areas.
Re. Reports No. 448 and No. 448A, Temiscaming, Que., Exchange:
The Municipal Council of the Town of Temiscaming objects to regroup-
ing because it feels an increase at this time is not warranted. It states
that the Board extended a rate increase in 1950 to the then existing
Canadian International Paper Company's municipal telephone service.
When the Bell Company acquired the system in 1957 a substantial increase
in rates was again extended. It expresses the opinion that an increase in
subscribers would cause a decrease, rather than an increase in rates.
The objections summarized above may be reduced to the following
considerations:
(a) Overloaded multi-party lines justify deferment of regrouping;
(b) Growth of telephone service should result in lower rates;
(c) Regrouping would result in an increase in rates and the Company has
not justified the need therefor;
206
(d) The total number of telephones in Service is an inaccurate and unsatis-
factory index of the value of service in an exchange;
(e) The non-inclusion of an exchange in a proposed extended area service
plan does not justify regrouping such exchange.
The adequacy of existing telephone facilities has no relevancy to the basis
upon which local exchange rates are established and the Board is not charged
with the responsibility of dealing with complaints with respect thereto. The
Company, however, has been advised of the nature of the complaints received
and will no doubt apply whatever remedies may be possible.
The principles on which the grouping system is founded are recognized
generally in telephone rate structures both in Canada and the United States;
they have also been reviewed and dealt with by the Board in several previous
cases. Reference may be made to the following: Bell Telephone Co. v. Mont-
real, Toronto, et al, 34 C.R.C. 1; Bell Telephone Co., Increased Rates, 67
C.R.T.C. 1; Bell Telephone Co. v. Riverside et al, 71 C.R.T.C. 286; Bell Tele-
phone Co. v. London and Trois Rivieres, 74 C.R.T.C. 53; and British Columbia
Telephone Co., Increased Rates, 67 C.R.T.C. 7.
The grouping of local exchange services for ratemaking purposes is designed
to recognize the varying value of service as between exchanges of different
size and the factor of increased expense associated with increases in the size of
exchange areas. Growth of telephone service within a particular exchange
not only increases the range of calling available to customers but also increases
the cost of furnishing service as a result of the necessity of interconnecting all
customers within the exchange area.
Changes in rate groups are not predicated solely upon the revenue needs
of the Company, although such revenue needs do increase with growth in
telephone development. The fundamental purpose of the Board's directions
set out in its Circular No. 267 is the avoidance of unjust discrimination in
rates and charges as between exchanges of comparable size and the regrouping
of exchanges is not a matter for the initiative of the Company but is made in
accordance with Orders or directions of the Board following a full and careful
review of all the pertinent factors involved.
The Town of Temiscaming refers to previous increases in rates in 1950
and it should be noted that the Temiscaming Exchange first became subject
to this Board's jurisdiction when it was purchased from the Canadian Inter-
national Paper Company on April 22, 1957. At that time, the Company
correctly applied Group 1 exchange rates as the number of telephones then in
service was 414. An extremely rapid growh in the exchange, however, has
raised the total number of telephones to 911 as of February 28, 1958.
The City of Oshawa seeks to exclude residential extensions and pay
telephones from the total telephone count and to discount the number of com-
mercial extensions by one-third. So far as the inclusion of extensions in the
total telephone count is concerned, we pointed out our 1950 Judgment, (67
C.R.T.C. 1; 40 J.O.R. & R., Issue No. 17-A):
"We cannot lose sight of the main purpose of grouping, i.e., the
distribution of the rate burden according to relative value of service. If
it was considered necessary to count only the main or line service, it would
be necessary to reconstruct the grouping factors to achieve the same over-
all revenue result. Such a principle could then be subject to attack on the
grounds that the greater value of service provided by extension services
was ignored, and unduly discriminated against those having a lesser value
of service. Obviously any grouping plan of this nature must, to a large
207
extent, involve arbitrary lines of demarcation between groups, and con-
sequently raise questions as to the propriety of the application of certain
group rates where the telephone factor is close to the line of demarcation.
For example, it was stated that Quebec City had only 700 telephones over
the 50,000 group."
The basis of telephone count for the Oshawa exchange is no different from
that by which all exchanges are classified into their appropriate rate groups.
We are urged to employ a different basis of count for the Oshawa exchange
but this would create a condition of unjust discrimination with respect to other
exchanges of comparable size and this is the very condition the Railway Act
enjoins the Board to prevent.
The objections of the Town of St. Eustache appear to relate to the non-
inclusion of the St. Eustache exchange within the Company's extended area
service plan for the Montreal area. Under this plan, the territory on He Jesus,
now served by the St. Eustache exchange, will be transferred to the Laval
exchange, which the Company plans to establish in the fall or winter of 1958.
The new Laval exchange will be included in the Montreal extended area
service plan but the St. Eustache exchange will not. However, the transfer
of a portion of the present St. Eustache exchange to the new Laval exchange
will not affect the total telephone count of St. Eustache for grouping purposes,
since the Laval exchange will be included within the calling area of St.
Eustache. It is therefore quite proper to include in the total telephone count
those telephones located in Laval West; they are now within the local calling
area of the St. Eustache exchange, and they will continue so to be after the new
Laval exchange is established.
As to the matter of the Montreal extended area service plan, this was
disposed of in our Judgment of July 11, 1958 and has no relevance to the
matter of regrouping now before us.
With respect to the submission of Mr. W. A. Snyder, the Company points
out that the Reports for the Niagara Falls Exchange were issued on April 30,
1958 with data effective February 28, 1958. At that time, the Reports indicate
that the total number of telephones in the local calling area of the Niagara
Falls-Chippawa exchanges had already exceeded the limit of the rate group
plus 5 percent and that there were 232 applicants waiting for service. These
applicants were provided with service in May 1958 when the additional Elgin 6
Central Office was placed in operation.
The following statement tabulates the present and proposed rate group
numbers for the eight exchanges in respect of which submissions have been
made by various parties. It also sets out the percentages by which the total
number of telephones exceeded present group limits, as of February 28, 1958,
and the percentages which would prevail upon completion of held orders for
service.
Percentage Over Group Limit
Rate Group Number
As of
With
Exchange
Pfesent
Proposed
February 28, 1958
Held Orders
Chippawa, Ont. (including
Niagara Falls)
6
7
5.3%
6.5%
L'Annonciation, Que
1
2
7.8%
13.2%
Madoc, Ont
2
3
7.5%
7.5%
Niagara Falls, Ont. (including
Chippawa)
6
7
5.3%
6.5%
Oshawa, Ont
6
7
7.4%
7.5%
Roberval, Que. (including
St. Prime)
3
4
10.37*
10.5%
St. Eustache, Que
4
5
18.7%
19.1%
Temiscaming, Que
1
2
82.2%
82.8%
208
The movement of the exchanges to the next higher rate group will of
course result in the application of the monthly exchange rates appropriate' to
the higher group. As stated earlier in this Judgment, our 1950 Judgment
authorizing increased rates and charges for the Company approved the division
of such rates into ten groups according to the total number of telephones in
service. Such rates must be applied in keeping with the principles and factors
of the rate structure which was authorized, in order to avoid conditions of
unjust discrimination which the governing statute charges us to prevent or
remove.
We have given careful study to all of the objections received but we are
unable to reconcile them with the basis upon which the exchange rate structure
is predicated. The sole purpose of the directions set out in our Circular
No. 267 is the avoidance of unjust discrimination and upon that premise we
are obliged to reject these representations as not being relevant to the matter
at issue.
The Order accompanying this Judgment sets out each exchange with its
present group number and the group number to which it must be assigned, and
directs the Company to establish the required transfers between groups by the
filing of appropriate tariff amendments to take effect on not less than thirty-
days' notice from the date of such filing.
C. D. SHEPARD.
HUGH WARDROPE.
A. SYLVESTRE.
Ottawa, Ontario, July 21, 1958.
ORDER No. 94988
In the matter of changes in rate grouping of certain telephone exchanges of The
Bell Telephone Company of Canada:
File No. 46638.1
Monday, the 21st day of July, A.D. 1958
C. D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
Upon consideration of the reports filed herein, copies thereof having been
delivered in accordance with the provisions of Circular No. 267, dated October
18, 1951 and upon consideration of the submissions made with respect thereto
by the Municipal Corporation of L' Ascension; the Township of Madoc; the City
of Niagara Falls; the Town of Oakville; the City of Oshawa; the City of
Roberval; the Municipal Corporation of Roberval Parish; the Parish of St.
Bruno; Mr. W. A. Snyder, Niagara Falls, Ontario; Local 505 of the United
Electrical Radio and Machine Workers' Union; the Town of Temiskaming;
and the Township of Willoughby; and of the replies made thereto by The Bell
Telephone Company of Canada —
209
It is hereby ordered as follows:
Effective on not less than thirty days' notice, by filing appropriate tariff
amendments, The Bell Telephone Company of Canada is directed to transfer
each of the exchanges listed hereunder from the exchange rate group to which
it is currently assigned to the exchange rate group to which it should not be
assigned, as hereinafter stated:
Present Exchange Transfer to Exchange
Exchange Rate Group No. Rate Group No.
o
A
o
O
c
0
0
Q
O
A
4
A
Q
O
0
7
1
Q
o
A
4
i
1
A
Trilirv+f T olro
i
1
o
o
Li 1 1 i v» o
Q
o
5
0
1
1
9
A
1
9
A
i
1
A
o
o
A
4
6
4
A
o
o
1
A
3
A
o
T\ IV si ■»-» -l TT^fcj
1
2
b
7
l t~\ i rf r. y~\
A
o
O
5
a
0
Olro
i
1
o
Z
|| y* O Y"» ff£iT71 1 1 C±
Q
O
4
6
7
3
4
Prescott
3
4
2
3
Roberval
3
4
St. Bruno
2
3
St. Eustache
4
5
St. Gabriel de Brandon
2
3
Ste. Genevieve de Pierrefonds . . .
3
4
3
4
6
7
Temiscaming
1
2
Wyoming
3
4
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners
for Canada.
210
GENERAL ORDER No. 833
Regulations respecting the reduction of certain freight rates between eastern
and western Canada pursuant to Section 468 of the Railway Act:
File No. 45464.1
Thursday, the 3rd day of July, A.D. 1958.
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
Pursuant to the powers possessed by the Board by Section 468 of the
Railway Act:
It is ordered that the Canadian National Railway Company and the Cana-
dian Pacific Railway Company be, and they are hereby, required to make and
maintain a reduction in freight rates in accordance with the numbered para-
graphs of this Order which follow:
1. Subject to the provisions of sub-section 5, section 317 of the Railway
Act and to the exceptions stated in paragraphs numbered 2 and 3 of this Order
a reduction, as stated in paragraph numbered 4 of this Order, shall be made
in respect of basic rates applying on freight traffic from eastern Canada to
western Canada, and from western Canada to eastern Canada, passing over
lines of railway through Franz, Oba and Hearst, Ontario.
2. EXCEPTIONS (Territory):
The provisions of paragraph numbered 1 hereof shall not apply to
traffic having both its origin and destination, or originating at, or ter-
minating at points on lines of railway stated in sub-paragraphs (a), (b)
and (c) of this paragraph.
(a) Canadian pacific railway company — between, but not including,
Sudbury and Port Arthur, Ontario.
(b) Canadian national railways — between, but not including:
(i) Capreol and Armstrong, Ontario.
(ii) Capreol and Port Arthur-Fort William, Ontario.
(iii) Cochrane and Armstrong, Ontario.
(iv) Cochrane and Port Arthur-Fort William, Ontario.
(c) ALGOMA CENTRAL AND HUDSON BAY RAILWAY COMPANY — all stations
other than Sault Ste. Marie, Ontario.
3. EXCEPTIONS (Traffic):
The provisions of paragraph numbered 1 hereof shall not apply with
respect to the following traffic:
(i) Commodities described in specifically designated Grain and Grain
Products tariffs, including the said commodities when listed in
other tariffs;
(ii) Coal from Alberta and eastern British Columbia to Ontario that
is subject to subsidized freight rates;
(iii) Competitive traffic designated as such in the railways' tariffs
(other than traffic that is subject only to the short line competi-
tion of railways in Canada) ;
(iv) International traffic between Canada and the United States of
America, or to or from other countries via such United States;
211
(v) Traffic moving between points in the United States of America
passing through Canada;
(vi) Export and Import traffic to or from Canadian ports not charged
domestic rates;
(vii) Traffic governed by Agreed Charges.
4. REDUCTION IN RATES:
Subject to paragraphs 1, 2, 3, and 8 hereof, carload and less than
carload basic rates shall be reduced by
(a) 3.5 per cent, and
(b) 7.5 cents per one hundred pounds.
5. DISPOSITION OF FRACTIONS:
Except as otherwise provided in paragraph 8(2), in determining the
reduced rates herein provided, fractions of rates in the final result shall
be disposed of as follows:
6. BASIC RATES:
For the purpose of this Order freight rates which, but for the provi-
sions of this Order and Orders rescinded hereby, would be in effect, are
designated "Basic Rates". Nothing in this Order shall be construed as
preventing the adjustment of basic rates as the necessity therefor may
arise from time to time. The provisions of this Order or as it may be
subsequently amended, shall also apply to a revised basic rate.
7. FORM OF TARIFF:
Unless otherwise authorized or directed by the Board, the reductions
in basic rates as herein provided may be established by a Master Tariff
of Reduced Rates in which shall be set out the basic rates and the rates
which will apply in lieu thereof. Subject to the provisions of paragraph 8
hereof tariffs naming basic rates shall be joined to the Master Tariff by
connecting link supplements or by a specific provision within the basic
rate tariff, and such joining provisions shall show the extent to which the
Master Tariff is thus made applicable. Contrary provisions as to form of
tariff and volume of supplemental matter in Tariff Circular No. 1 are
hereby waived.
8. COMBINATION RATES:
(1) Where a through rate from origin to destination, on traffic moving
within the territory defined in paragraph 1 hereof, is made by combining
separately stated rates, one of which rates is subject to the reduction
herein provided, the reduction to apply to such combination through rate
shall be determined as follows:
(a) If none of the separately stated rates is applicable on traffic excluded
by paragraph 3 hereof, first determine the total of such rates and
reduce the total as in this Order provided.
Less than \ cent
\ cent or over .
Drop
Increase to next higher
whole cent.
212
(b) If one or more of the separately stated rates is applicable on traffic
excluded by paragraph 3 hereof, the reduction in rates as in this
Order provided shall apply only to the rates or combination of rates
on traffic not excluded by paragraph 3 hereof.
(2) When the actual weight of a shipment subject to the provisions of
paragraph 8(1) of this Order is less than the minimum weight provided for
any of the separately stated rates, the reduction shall be determined in two
steps, as follows:
(a) Reduce each of the separately stated rates not excluded by para-
graph 3 hereof, by the percentage reduction specified in paragraph 4(a),
disposing of any fractions in the reduced rates as follows:
Less than \ cent Drop.
(b) Apply as a reduction in total through charges the rate per 100
pounds specified in paragraph 4(b) hereof, on the highest minimum
weight applicable to any of the separately stated rates referred to in the
next preceding sub-paragraph.
9. EFFECTIVE PERIOD:
This Order shall have effect from the date hereof and shall continue
to apply until further Order of the Board. Tariff amendments implementing
the terms hereof may be filed on one day's notice.
10. RESCISSION:
Order No. 88630, dated April 19, 1956, Order No. 91022, dated Feb-
ruary 21, 1957, and Order No. 93793, dated March 4, 1958, are rescinded.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JUNE, 1958
\ cent or over
Increase to next higher
whole cent.
(SGD) CLARENCE D. SHEPARD,
Chief Commissioner.
Railway Accidents
Level Crossing Accidents
252
35
Killed 22
Killed 13
Injured 276
Injured 41
Total
287
35
317
Killed
Injured
Passengers
Employees
Others . . .
6
29
51
217
49
Total
35
317
213
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Nova Scotia
Killed Injured
— 3 Automobile ran into side of train. Licence: N.S. 86-949.
New Brunswick
1 — Pedestrian walked into side of train.
- 1 Automobile struck by train. Licence: Maine EN-5136.
Quebec
- 3 Automobile ran into track motor car. Licence: Que. 257-176.
1 5 Automobile struck by train. Licence: Que. 222-879.
- 1 Station wagon struck by train. Licence: Ont. 6723-2.
- 1 Automobile ran into side of train. Licence: Que. 256-310.
Ontario
— 1 Automobile struck by train. Licence: NY 9-5-1282.
— 1 Automobile ran into side of train. Licence: Ont. 545-294.
— 1 Auto truck struck by train. Licence not given.
— 2 Automobile ran into side of train. Licence: Ont. 345-560.
— 1 Automobile ran into side of train. Licence: Ont. 349-972
— 1 Automobile struck by train. Licence: Ont. J-6609.
2 — Automobile struck by train. Licence: Ont. 571-046.
— 1 Auto truck ran into side of train. Licence: Ont. 170-772B.
3 1 Automobile struck by train. Licence not given.
— 1 Farm tractor struck by train.
1 — Auto truck struck by train. Licence: Ont. 27-765-C.
— 1 Auto truck struck by train. Licence not given.
— 1 Auto truck ran into side of train. Licence: Ont. 50366.
— 1 Automobile struck by train. Licence: Ont. C-73919.
Manitoba
1 — Automobile ran into side of train. Licence: Man. 9-H-529.
2 — Automobile struck by train. Licence: Man. 9-S-730.
Saskatchewan
1 Automobile ran into side of train. Licence: Sask. 58-242.
1 Auto truck struck by train. Licence not given.
2 Automobile ran into side of train. Licence: Sask. 28-650.
Alberta
1 — Auto truck ran into side of train. Licence: Alta. E-41582.
— 2 Automobile struck by train. Licence: Alta. BR-133.
— 2 Automobile struck by train. Licence Alta. EB-736.
— 1 Auto truck struck by train. Licence: Alta. CV-61129.
— 1 Auto truck struck by train. Engine and 3 cars derailed. Licence: Alta.
23-466.
— 1 Automobile struck by train. Licence: Alta. JC-397.
— 1 Station wagon struck by train. Licence: B.C. 329-069.
British Columbia
1 — Automobile struck by train. Licence: B.C. 394-775.
— 2 Automobile struck by train. Licence: B.C. 35129.
Of the 35 accidents at highway crossings, 28 occurred at unprotected crossings,
7 at protected crossings, 26 occurred after sunrise and 9 after sunset.
Ottawa, Ontario, August 1, 1958.
214
SUMMARY OF ORDERS ISSUED BY THE BOARD
94985 July 24 — Relieving the C.P.R. from erecting right-of-way fencing between
certain mileages on its Victoria Subd., B.C.
94986 July 24— In the matter of Order No. 76108, dated February 20, 1951 approving
plan submitted by C.N.R. on behalf of British Empire Oil Develop-
ments Ltd., showing proposed location of pipe lines and loading
rack at Stettler, Alta.
94987 July 18— Application of B.C. Telephone Co., dated April 2, 1958, for an Order
under Sec. 380 and all other relevant sections of the Railway Act,
approving revisions of certain message toll and exchange service
tariffs.
In the matter of changes in rate grouping of certain telephone
exchanges of the Bell Telephone Company of Canada.
Application of C.N.R. for authority to remove the caretaker at
Pleasant Point, Manitoba.
Authorizing the Municipality of Surrey, B.C. to construct a highway
across the company pipe line of the Trans Moutnain Oil Pipe Line
Co., New Westminster District, B.C.
Application of the C.N.R. for approval of drawings showing over-
head bridge carrying County Road No. 22 across the C.N.R. in the
Township of Glandford, Ont.
Approving Appendix to traffic agreement between the Bell Telephone
Company of Canada and the Metcalfe Rural Telephone Company Ltd.
Authorizing the Consumers' Gas Company to construct a gas main
under the company pipe line of Trans-Canada Pipe Lines Ltd., at
Harmony Road, Ont.
Permitting the removal of slow order at C.P.R. crossing of the
Provincial Highway No. 41, at mileage 47.7 Willington Subd., Alta.
Approving Alternate Appendix to traffic agreement between the
Bell Telephone Company of Canada and Wollaston Rural Telephone
System.
Approving Alternate Appendix to traffic agreement between the Bell
Telephone Company of Canada and La Compagnie de Telephone de
Contrecoeur.
Requiring the C.N.R. to install certain protection at the crossing of
First Street in the County of St. Jean, P.Q.
Approving under the Maritime Freight Rates Act tolls published in
supplements to agreed Charge Tariff of the C.F.A. under sections
3 and 8.
94999 July 25 — Approving alternate Appendix to traffic agreements between the Bell
Telephone Company of Canada and Arden Telephone System.
95000 July 25 — Authorizing the C.N.R. to remove the caretaker and close the station
at Keene, Ont.
95001 July 25 — Authorizing British Columbia Power Commission to construct an
electric transmission line across the company pipe line of Westcoast
Transmission Co., Ltd., in the District of Cariboo, B.C.
95002 July 25 — Authorizing the C.P.R. to construct one additional track across
Eighth Avenue, City of Kamloops, B.C.
95003 July 25 — Authorizing Manitoba Department of Public Works to widen High-
way No. 12 where it crosses the C.N.R. at mileage 106.20 Minaki
Subdivision.
95004 July 25 — Approving clearances on siding serving Massey-Ferguson Ltd.,
Woodstock, Ont.
95005 July 25 — Authorizing the C.N.R. to remove the caretaker at Holmfield, Man.
95006 July 25 — In the matter of filing of tariffs by the Bell Telephone Co., of
Canada.
94988 July 21—
94989 July 24—
94990 July 25—
94991 July 25—
94992 July 25—
94993 July 25—
94994 July 25—
94995 July 25—
94996 July 25—
94997 July 25—
94998 July 25—
215
95007 July 25 — Approving under the Maritime Freight Rates Act tolls published in
agreed charge tariff of the C.F.A. under sections 3 and 8.
95008 July 25 — Authorizing St. Lawrence Seaway Authority to construct the Honore
Mercier bridge across the C.P.R. by means of an overhead bridge at
Caughnawaga, Quebec.
95009 July 25 — In the matter of rearranging the protection at the crossing of the
railway of The Toronto, Hamilton and Buffalo Railway Co., and
King Street in Hamilton, Ont.
95010 July 25 — Approving clearances at the Ottawa West common carrier piggyback
terminal Ottawa, Ontario.
95011 July 25 — In the matter of Order No. 75817, dated January 4, 1951, approving
plan submitted by C.P.R. on behalf of Imperial Oil Ltd., showing
the proposed location of facilities for the handling and storage of
flammable liquids at Madden, Alberta.
95012 July 25— In the matter of Orders Nos. 73304, dated Oct. 26, 1949, 76494, dated
Apr. 28, 1951, and 77170, submitted by C.N.R. on behalf of Canadian
Gulf Oil Company, showing the proposed location of facilities for
the handling and storage of flammable liquids at Stettler, Alberta.
95013 July 25 — In the matter of Order No. 58062, dated Oct. 5, 1939, approving plan
submitted by C.P.R. on behalf of Union Oil Co. of Canada, showing
location of proposed facilities for the handling and storage of
flammable liquids at Red Deer, Alberta.
95014 July 25— In the matter of Orders Nos. 66200, dated July 4, 1945, 74933 dated
July 27, 1950, and 82278, dated October 1, 1953, approving plan
submitted by C.P.R., on behalf of Imperial Oil Ltd., showing
proposed location of facilities for the handling and storage of
flammable liquids at Calmar, Alberta.
95015 July 25— In the matter of Order No. 62319, dated May 26, 1942, approving
plan submitted by C.P.R. on behalf of Imperial Oil Ltd., showing
the proposed facilities for the handling and storage of flammable
liquids at Bentley, Alberta.
95016 July 25 — In the matter of Order No. 64994, dated June 22, 1944, approving
plan submitted by C.P.R. on behalf of Imperial Oil Ltd., showing
the proposed location of facilities for the handling and storage of
flammable liquids at Airdrie, Alberta.
95017 July 25— In the matter of the application of C.P.R. on behalf of Standard
Oil Co. of B.C. Ltd., for approval of location of additional facilities
for the handling and storage of Class I flammable liquids at Kam-
loops, B.C., mileage 128.2 Shuswap Subdivision.
95018 July 25 — In the matter of Order No. 63471, dated April 15, 1943, approving
plan submitted by C.P.R. on behalf of North Star Oil Ltd., showing
the proposed location of facilities for the handling and storage of
flammable liquids at Rimbey, Alberta.
95019 July 25 — In the matter of the application of the C.N.R. for authority to remove
the caretaker at Isabella, Manitoba.
95020 July 25 — Authorizing the Bell Telephone Company of Canada to construct
its lines of telephone over a public highway in the County of Kent,
Ontario.
95021 July 25 — Authorizing the Township of North York to construct water main
over the company pipe line of the Trans-Northern Pipe Line Co.,
at Finch Avenue East Township of North York, Ontario.
95022 July 25 — Approving under the Maritime Freight Rates Act tolls published
agreed charge tariff of the C.F.A. under Sections 3 and 8.
95023 July 28 — In the matter of the restricted clearance of 13 feet above the
surface of the highway at the temporary wooden subway at the
intersection of the tracks of the C.N.R. and St. John Street, in the
Village of Charny, Quebec, mileage 103.2 Armagh Subd., which
was authorized to be reconstructed by Order No. 90880, dated
February 4, 1957.
216
95024 July 28 — In the matter of Order No. 66017, dated May 17, 1945, approving
plan submitted by C.P.R. on behalf of Imperial Oil Ltd., showing
the proposed location of one additional storage tank at Lougheed,
Alberta.
95025 July 28 — In the matter of application submitted by C.P.R. on behalf of
Imperial Oil Limited, showing proposed location of one additional
storage tank at Strome, Alberta.
95026 July 28 — In the matter of the application of the Chesapeake and Ohio Railway
Co., for approval of Plan S.1317, dated July 10, 1958, showing the
protection as installed at the crossing of its railway and Highway
No. 98 at Blenheim, Ontario, on Subd. 1, in lieu of Plan No.
SC.1281.CS, dated February 2, 1939.
95027 July 28 — In the matter of the application of the Chesapeake and Ohio Railway
Co., for approval of Plan S.1288 A.F.E., revised to July 17, 1958,
showing protection as installed at the crossing of its railway and
Highway No. 98 about one mile north of Blenheim Junction, Ont.,
mileage 8.83 No. 2 Subd., in lieu of Plan S. 1288 A.F.E., dated
July 24, 1953.
95028 July 28— In the matter of Orders Nos. 61927, dated Feb. 26, 1942, and 62102,
dated Apr. 10, 1942, approving plan submitted by C.P.R. on behalf
of Imperial Oil Ltd., showing location of facilities for the handling
and storage of flammable liquids at Didsbury, Alberta.
95029 July 28 — In the matter of installation of automatic protection at the crossing
of St. David Street (Hwy. No. 6) and the railway of the C.P.R.
in the Town of Fergus, Ont., mileage 26.35 Elora Subd.
95030 July 28 — Requiring the C.P.R. to install certain protection at the first crossing
North of Lacadie, Que.
95031 July 28 — Authorizing clearances at proposed log haul drawbridge to be
erected by Anglo-Canadian Timber Products Ltd., at Wellcox Yard,
Nanaimo, B.C.
95032 July 28 — Requiring the C.N.R. to install certain protection at the crossing
of the Highway at mileage 19.8 Danville Subd., Que.
95033 July 28 — In the matter of application of the C.N.R. for approval of plan
showing deviation of their railway line on their Rouses Point Subd.,
south of Brosseau Road to a point north of Ina Road Parish of
St. Hubert, Que.
95034 July 28 — In the matter of the application of the Canadian Freight Association
for approval of Supplement No. 16 to Canadian Freight Classification
No. 20.
95035 July 28 — Requiring the C.P.R. to install certain protection at the crossing
of its railway and Highway No. 2 east of Port Hope, Ont.
95036 July 28— Rescinding Order No. 56698, in the matter of facilities of British
American Oil Company, Limited, for storage of flammable liquids
at Stettler, Alta.
95037 July 28 — Rescinding Order No. 77391 in the matter of facilities of Imperial
Oil Limited for storage of flammable liquids at Irricana, Alta.
95038 July 28 — Rescinding Order No. 66155 in the matter of facilities of Imperial
Oil Limited for storage of flammable liquids at Elnora, Alta.
95039 July 28 — Rescinding Order No. 75819 in the matter of facilities of Imperial
Oil Limited for storage of flammable liquids at Hughenden, Alta.
95040 July 28 — Rescinding Order No. 75258 in the matter of facilities of Trinidad
Leaseholds (Canada) Limited for storage of flammable liquids at
Peterborough, Ont.
95041 July 28 — Rescinding Order 67537 in the matter of facilities of McColl-
Frontenac Oil Co. Limited for storage of flammable liquids at
Brantford, Ontario.
95042 July 28 — In the matter of the application of C.N.R. on behalf of Imperial Oil
Limited, for approval of proposed location of facilities for handling
and storage of flammable liquids at Victoriaville, P.Q.
217
95043 July 28 — Rescinding Order 83577 in the matter of facilities of Imperial Oil
Limited for storage of flammable liquids at Winfield, Alta.
95044 July 28 — Approving plan showing deviation in location of Trans-Canada Pipe
Lines Limited company pipe line in the Township of Orillia, Ont.
95045 July 29 — In the matter of application of the C.N.R. for authority to increase
the speed of trains over the crossing of their Railway and 33rd
Street West, Saskatoon, Sask.
95046 July 29 — Authorizing the C.N.R. to remove the interlocker at the crossing
of the Cornwall Street Railway, Light and Power Company and
the former New York Central Railroad Company's track, Cornwall,
Ontario.
95047 July 30 — In the matter of application of the Quebec North Shore and
Labrador Rly. Co. on behalf of Shell Oil Company of Canada
Limited, for approval of proposed location of additional facilities
for handling and storage of flammable liquids at Sept-Iles, P.Q.
95048 July 30 — In the matter of facilities of Good Rich Refining Company, Ltd.,
for handling and storage of flammable liquids at Guelph, Ontario.
95049 July 30 — Authorizing the C.N.R. to open for the carriage of Traffic its diverted
main line between mileage 1.1 and mileage 2.0 Manouan Subd.,
P.Q.
95050 July 30 — Relieving the C.P.R. from erecting right of way fences on both sides
of its Webb wood Subd., between mileage 5.73 and mileage 6.0,
Ontario.
95051 July 30 — Relieving the C.P.R. from erecting right of way fences between
certain mileages on its Shaunavon Subd., on the north side.
95052 July 30 — Relieving the C.P.R. from erecting right of way fences between
certain mileages on its Outlook Subd., Sask.
95053 July 30 — Relieving the C.P.R. from erecting cattle guards at certain locations
on its Reston Subd., Man.
95054 July 30 — Relieving the C.P.R. from erecting right of way fences between
certain mileages on its Prince Albert Subd., Sask.
95055 July 30 — In the matter of application of the C.N.R. for approval of revised
plan showing protection installed at the crossing of their railway
and County Road No. 68 near Mosborough Station, Ontario.
95056 July 30 — Authorizing the C.P.R. to alter the protection at the crossing of
Highway No. 7 west of the station at Port Coquitlam, B.C.
95057 July 30 — Authorizing the N.Y.C. Railroad Company to discontinue as an
agency its station at Shedden, Ontario.
95058 July 30 — In the matter of approval of location of facilities of Parkland
Co-Operative Assoc. Ltd., for storage of flammable liquids at
Carragana, Sask.
95059 July 30 — Requiring the C.P.R. to install certain protection at the crossing of
Gibson St., Fredericton, N.B.
95060 July 30 — Requiring the C.P.R. to install certain protection at the crossing of
its railway and Highway No. 60 (Merry Street), Magog, P.Q.
95061 July 30 — Authorizing the Twp. of Trafalgar, to construct a sewer under the
company pipe line of Trans-Northern Pipe Line Company, Twp. of
Trafalgar, Ont.
95062 July 30 — Authorizing the Twp. of Trafalgar, Ont., to construct a sewer under
the company pipe line of Trans-Northern Pipe Line Company
south of Dundas Street, Ontario.
95063 July 30 — Relieving the C.P.R. from erecting right of way fences on certain
mileages on its Cartier Subd., Ont.
95064 July 31 — In the matter of the filing of tariffs by British Columbia Telephone
Company.
95065 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Munic. of the Twp.
of Pelee Island.
218
95066 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Town of Kenora, Ont.
95067 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Durham Telephones Limited.
95068 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Twp. of Moore.
95069 July 31 — Approving Alternate Appendix to Traffc Agreement between The
Bell Telephone Company of Canada and Township of St. Joseph.
95070 July 31 — Authorizing the C.P.R. to make signal changes at crossing of the
C.N.R. at Belleville, Ont.
95071 July 31 — Approving plan showing stop signs as now erected at C.P.R. bridges
on North Bank Branch Subd., Montreal, P.Q.
95072 July 31 — Authorizing the C.N.R. to remove the caretaker at Bethany, Man.
95073 July 31 — Authorizing the Ontario Dept. of Highways to construct the south
lane of Highway 401 across the pipe line of Trans-Northern Pipe
Line Company in Twp. of Charlottenburg, Ont.
95074 July 31 — In the matter of improved protection at the crossing of Don Mills
Road and the C.P.R. in the Munic. of Metropolitan Toronto, Ont.
95075 July 31 — In the matter of application of the C.P.R. for approval of revised
plan showing protection as installed at crossing of its railway and
North Queen St., Twp. of Etobicoke, Ont.
95076 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and The Minesing Telephone System.
95077 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and Pefferlaw Telephone System Ltd.
95078 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and The Sunderland Telephone Co. Ltd.
95079 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and the Munic. of the Township of Laird.
95080 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and Byron Telephone Company Ltd.
95081 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Fort William Municipal
Telephone System.
95082 July 31 — Authorizing the N.Y.C. Railroad Company to discontinue as an
agency its station at Springfield, Ontario.
95083 July 31 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.P.R. under Section 8.
95084 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Wroxeter Telephone
Company Limited.
95085 July 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and The Burpee Municipal Telephone
System.
95086 July 31 — Approving revised appendix to traffic agreement between the Bell
Telephone Company of Canada and the Little Britain Telephone
Company Limited.
95087 July 31 — Approving revised appendix to traffic agreement between the Bell
Telephone Company of Canada and the Telephone System of the
Municipality of the Village of Blyth.
95088 July 31 — Authorizing the C.N.R. to reconstruct the railway bridge over the
Ganaraska River, Ontario.
95089 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and The Elmwood Telephone System.
95090 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and The Gore Bay Municipal Telephone System.
219
95091 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and the Cameron Telephone Company Limited.
95092 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and The Allenford Rural Telephone Company
Ltd.
95093 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and The Barrie Island Telephone Company
Limited.
95094 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and the Humphrey Municipal Telephone System.
95095 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and the Telephone System of the Municipality
of the Township of Manvers.
95096 July 31 — Approving traffic agreement between the Bell Telephone Company
of Canada and The Mornington Municipal Telephone System.
95097 July 31— In the matter of filing of tariffs by British Columbia Telephone
Company.
95098 July 31 — In the matter of the application of C.P.R. on behalf of the British
American Oil Co. Ltd., for approval of location of facilities for the
handling and storage of flammable liquids at Lac du Bonnet,
Manitoba.
95099 July 31 — Approving drawing showing relocation of the portion of the Trans-
Canada Pipe Lines Limited company pipeline from a point in the
Township of Oro to a point in the Township of Vespra, Ont.
95100 July 31 — In the matter of the apportionment of the cost of rearranging the
tracks of the B.C. Electric Railway Co., the C.P.R. and the C.N.R.
in the vicinity of Columbia Street and the closing of the crossings
of Eleventh and Jemmett Streets and the railways of the B.C.
Electric Railway Co., and the C.P.R. in the City of New Westminster,
B. C.
95101 July 31 — Approving under the Maritime Freight Rates Act tolls filed by the
C. N.R. under section 3.
95102 July 31 — In the matter of application of the C.P.R. for approval of crossing at
mileage 17.06 Parry Sound Subdivision, Ontario.
95103 July 31 — Approving supplement to traffic agreement between the Bell Tele-
phone Company of Canada and La Cie de Telephone du Chateau
Richer Enrg.
95104 July 31 — Approving supplement to traffic agreement between the Bell Tele-
phone Company of Canada and The Sparta Rural Telephone
Company Limited.
95105 July 31 — Approving appendix to traffic agreement between the Bell Tele-
phone Company of Canada and Le Telephone de St-Sebastien
d'Iberville.
95106 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and La Cie de Telephone Rural d'Henryville.
95107 July 31 — Approving appendix to traffic agreement between the Bell Telephone
Company of Canada and The Thamesville Telephone Company Ltd.
95108 Aug. 1 — Authorizing the C.P.R. to install certain protection at the crossing
of Highway No. 2 near Belleville, Ontario.
95109 Aug. 1 — In the matter of the application of the C.N.R. for authority to con-
struct a bridge over the Chaudiere River, Que., mileage 89.2 St.
Felicien-Chibougamau Line.
95110 Aug. 1 — In the matter of the application of the Department of Roads of
Quebec for installation of automatic protection at the crossing of
Highway No. 43 and the C.N.R. at St. Norbert, County of Berthier,
Que., mileage 90.61 Grand Mere Subdivision.
95111 Aug. 1 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 45 at Colombourg, Que.
220
95112 Aug. 1 — Requiring the C.P.R. to install certain protection at the crossing of
7th Street in the Town of Val d'Or, Quebec.
95113 Aug. 1 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.P.R. under section 8.
95114 Aug. 1 — Authorizing the C.N.R. to remove the caretaker at Terence, Man.
95115 Aug. 1 — Requiring the C.P.R. to install certain protection at the crossing
of Highway No. 6 near Dafoe, Saskatchewan.
95116 Aug. 1 — Permitting the removal of slow order at C.N.R. crossing on Joliette
Street in Montreal South, Quebec.
95117 Aug. 5 — In the matter of the application of C.P.R. on behalf of The British
American Oil Co., Ltd., for approval of proposed relocation of
facilities for the handling and storage of flammable liquids at
Brandon, Manitoba.
95118 Aug. 5 — Authorizing Trans-Canada Pipe Lines Limited to construct its com-
pany pipeline across Marten Lake, Township of Sisk, Ontario.
95119 Aug. 5 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipeline under the underground cable of The Hydro
Electric Power Commission of Ontario, Township of Perry, Ontario.
95120 Aug. 5 — Approving plan showing location of deviation of Trans-Canada Pipe
Lines Limited in the Township of Widdifield, Ontario.
95121 Aug. 5 — In the matter of the application of C.N.R. on behalf of Imperial
Oil Limited for approval of location of facilities for the handling
and storage of flammable liquids at Rexton, New Brunswick.
95122 Aug. 5 — In the matter of Order No. 71441, dated Nov. 4, 1948, approving
plan submitted by C.N.R. on behalf of Supertest Petroleum Corpora-
tion Limited, showing proposed location of facilities for the handling
and storage of flammable liquids at Peterborough, Ontario.
95123 Aug. 5 — In the matter of Order No. 73478, dated November 19, 1949, showing
approved plan submitted to C.P.R. by Alfred McKinnon, showing the
location of facilities for the handling and storage of flammable
liquids at Woodbridge, Ontario.
95124 Aug. 5 — In the matter of the application of the C.N.R. for exemption from
erecting and maintaining a passenger shelter at Ruisseau Clair, Que.
95125 Aug. 5 — Authorizing the C.N.R. to construct a temporary pedestrian crossing
to permit the construction of the Greenwood Avenue Subway,
Toronto, Ont.
95126 Aug. 5 — In the matter of the application of C.N.R. for an Order rescinding
Order No. 94961, dated July 22, 1958, removing the speed limitation
at the crossing of their railway and the highway one and one-
quarter miles north of Gormley, Ontario, mileage 27.30 Bala Subd.
95127 Aug. 5 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 21 where it crosses the C.P.R. at mileage 23.74 Miniota
Subdivision.
95128 Aug. 6 — Authorizing Trans-Canada Pipe Lines to construct its company pipe
line under the water main in the Township of Bowna, Ontario.
95129 Aug. 6 — Authorizing the C.P.R. to operate its trains over the siding of The
Toronto Harbour Commissioners in the City of Toronto, Ontario.
95130 Aug. 6 — Authorizing the Provincial gas Company Limited to construct a gas
main of the pipe line over Western Pipe Line Company at Mountain
Road Township of Stamford, Ontario.
95131 Aug. 6 — In the matter of application of the C.P.R. for approval of Plan
No. X-4-314-2 for protection of its railway and Highway No. 80, at
Glencoe, Ontario.
95132 Aug. 6 — In the matter of the application of C.N.R. on behalf of Noranda
Copper and Brass Company Limited, for approval of location of
additional facilities for the handling of liquefied petroleum gas at
Montreal East, Quebec.
221
95133 Aug. 6 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.F.A. under sections 3 and 8.
95134 Aug. 6 — Permitting the removal of slow order at the C.N.R. crossing at
mileage 58.8 Harcourt Subdivision, N.B.
95135 Aug. 6 — Permitting the removal of slow order of the Dominion Atlantic
Railway Company station crossing at Lawrencetown, N.S., Kentville
Subdivision.
95136 Aug. 6 — Authorizing the C.P.R. to install certain protection at the crossing
of Highway No. 2 near Belleville, Ontario.
95137 Aug. 6 — Authorizing the C.P.R. to dispose of the station building at Lourdes,
Quebec.
95138 Aug. 6 — Authorizing the C.P.R. to remove the caretaker and close the station
at Priceville, Ontario.
95139 Aug. 6 — Authorizing the C.P.R. to dispose of the station building at St.
Cleophas, Quebec.
95140 Aug. 6 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the Dominion Atlantic Railway Company, under
Section 8.
95141 Aug. 6 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line under the Blanche River, District of Temiskaming,
Ontario.
95142 Aug. 6 — In the matter of application of the C.P.R. for approval of plan
showing protection as installed at the crossing of the highway at
Thessalon, Ontario.
95143 Aug. 6 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Shaunavon Subdivision, Saskatchewan.
95144 Aug. 6 — In the matter of application of the C.N.R. on behalf of Imperial
Oil Limited for approval of proposed location of facilities for
storage of flammable liquids at Shediac, N.B.
95145 Aug. 7 — Authorizing Trans-Northern Pipe Line Company to open for the
transportation of petroleum products a portion of its company pipe
line in the Township of East York, Ontario.
95146 Aug. 7 — Authorizing Trans-Northern Pipe Line Company to open for the
transportation of petroleum products a portion of its company pipe
line in the Township of East York, Ontario.
95147 Aug. 7 — In the matter of application of the C.N.R. for authority to make
changes in the operating circuits of the protection at the crossing
of their railway and Davis Drive, Town of Newmarket, Ontario.
95148 Aug. 7 — In the matter of application of the Department of Highways for
B.C. for authority to construct the highway across the C.P.R. by
means of an overhead bridge at mileage 43.78 Nelson Subdivision,
B.C.
95149 Aug. 7 — Authorizing the Newfoundland Department of Highways to construct
the Trans-Canada Highway across the C.N.R. by means of an over-
head bridge at mileage 7.10 St. John's Subdivision, Newfoundland.
95150 Aug. 7 — Authorizing the C.N.R. to use the bridge over the Thunder River,
mileage 123.5 Albreda Subdivision, B.C.
95151 Aug. 7 — Authorizing the City of St. James, Manitoba, to construct Dublin
Avenue across the C.N.R. in the City of St. James.
95152 Aug. 7 — Authorizing the C.P.R. to install special circuits to minimize the
unnecessary operation of the protection at the crossing of its railway
and Highway No. 3 west of Grand Forks, B.C.
95153 Aug. 7 — Authorizing the C.N.R. to relocate the protection at the crossing of
their railway and Howe Avenue, Halifax, N.S.
95154 Aug. 7 — In the matter of application of the Township of Goderich for
authority to improve the sight lines and approaches at the crossing
of the highway and the C.N.R., Township of Goderich, Ontario.
222
95155 Aug. 7 — Authorizing the C.N.R. to remove the caretaker at Grosse Isle,
Manitoba.
95156 Aug. 7 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
95157 Aug. 7 — Authorizing the C.N.R. to remove the caretaker at Hallboro,
Manitoba.
95158 Aug. 8 — Approving application of the C.N.R. on behalf of British American
Oil Company Limited of the proposed location of facilities for
handling and storage of flammable liquids at Portage la Prairie,
Manitoba.
95159 Aug. 8-
95160 Aug.
95161 Aug.
95162 Aug.
95163 Aug.
95164 Aug.
95165 Aug.
95166 Aug.
95167 Aug.
95168 Aug.
95169 Aug.
95170 Aug.
95171 Aug.
95172 Aug.
95173 Aug.
95174 Aug.
95175 Aug.
-In the matter of facilities of McColl-Frontenac Oil Company
Limited for handling and storage of flammable liquids at Woodrow,
Saskatchewan.
8 — In the matter of facilities of North Star Oil Limited for the handling
and storage of flammable liquids at Bassano, Alberta.
8 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Flaxcombe, Saskatchewan.
8 — In the matter of the installation of automatic protection at the
crossing of the C.P.R., the Vancouver and Lulu Island Railway and
the highway at mileage 1.08 Steveston Branch, B.C.
8 — Approving plan submitted by the C.P.R. on behalf of the Department
of National Defence, showing facilities for the handling and storage
of flammable liquids at Medicine Hat, Alberta.
8 — Authorizing the Alberta Department of Highways to widen the
highway where it crosses the C.N.R. in the Town of Fort Sas-
katchewan, Alberta.
8 — In the matter of application of the C.N.R. on behalf of Gas Propane
du Nord, Limitee, for approval of facilities for handling and storage
of liquefied petroleum gas at La Malbaie, Quebec.
8 — Authorizing the C.N.R. to remove the agent and appoint a caretaker
at Windigo, Quebec.
8 — Approving plan submitted by the C.P.R. on behalf of Imperial Oil
Limited, showing the proposed location of facilities for handling and
storage of flammable liquids at Woodrow, Saskatchewan.
8 — Approving plan submitted by the C.N.R. on behalf of Canadian Gulf
Oil Company, showing location of facilities for handling and storage
of flammable liquids at Drumheller, Alberta.
8 — Approving application of Northern Alberta Railways Company, on
behalf of Gibson Petroleum Company Limited, for permission to load
crude oil into tank cars from tank trucks at Donnelly, Alberta.
8 — In the matter of facilities of Dome Exploration (Western) Limited,
for the handling and storage of flammable liquids at mileage 0.25
Drumheller North Branch, near Drumheller, Alberta.
8 — In the matter of facilities of National Petroleum Corporation
Limited, for the handling and storage of flammable liquids at Whisky
Gap, Alberta.
8 — Authorizing the Manitoba Department of Public Works to construct
the North Perimeter Highway across the C.P.R. at mileage 60.32
Lac du Bonnet Subdivision, Manitoba.
8 — Authorizing the Alberta Department of Highways to construct
Highway No. 21 across the C.P.R. at mileage 75.55 Wetaskiwin
Subdivision.
8 — Approving under the Maritime Freight Rates Act tolls filed by the
C.F.A. under Sections 3 and 8.
8 — Authorizing the Rural Munic. of Medstead No. 497, Sask., to con-
struct the highway across the C.N.R. at mileage 72.0 Amiens Subd.,
Saskatchewan.
223
95176 Aug. 8 — Authorizing the C.N.R. to relocate the siding serving Massey-
Ferguson Limited along Kent Street, Woodstock, Ontario.
95177 Aug. 8 — In the matter of the application of the Quebec Department of Roads
for the installation of automatic protection at the crossing of St.
Pierre Sud range road and the C.N.R. in the Parish of St. Constant,
P.Q.
95178 Aug. 8 — Authorizing the C.N.R. to construct the railway bridge over the
private highway at mileage 4.6 Caland Ore Spur near Atikokan,
Ontario.
95179 Aug. 8 — Authorizing the Alberta Department of Highways to widen the
highway where it crosses the C.P.R. at mileage 28.01 Willingdon
Subdivision.
95180 Aug. 8 — Authorizing the Saskatchewan Department of Highways and Trans-
portation to widen Highway No. 36 where it crosses the C.P.R. at
mileage 38.6 Amulet Subdivision.
95181 Aug. 11 — In the matter of application of the C.N.R. for approval of revised
plan showing the protection as installed at crossing of their railway
and Lawrence Avenue, Weston, Ontario.
95182 Aug. 11 — Authorizing the C.N.R. to remove the caretaker at Deloraine,
Manitoba.
95183 Aug. 11 — Authorizing the C.N.R. to remove the caretaker at Rapid City,
Manitoba.
95184 Aug. 11 — Authorizing the C.N.R. to remove the caretaker at Mulvihill,
Manitoba.
95185 Aug. 11 — Authorizing the C.N.R. to construct a siding to serve Colgate Palm-
olive Limited across George Street, Moncton, N.B.
Edmond Cloutibr, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
'Mb
QTfje 38oart> of
transport Commissioners; for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, SEPTEMBER 15, 1958 No. 12
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of British Columbia Telephone Company, dated
the 2nd April 1958, for an Order under Section 380 and all other relevant
sections of the Railway Act, approving revisions of certain message toll
and exchange service tariffs.
File No. 32560.43
Heard at Vancouver:
May 26, 27, 28, 29, 30 and June 2, 3, 4, and 6, 1958.
Before:
C. D. Shepard, Q. C, Chief Commissioner,
H. B. Chase, C.B.E., Commissioner.
Appearances:
Hon. J. W. de B. Farris, Q.C., and J. D. Taggart, for British
Columbia Telephone Company.
D. K. MacTavish, Q.C., for Anglo Canadian Telephone Co. Ltd.
C. W. Brazier, Q.C., and D. S. D. Hossie for Government of the
Province of British Columbia, Union of British Columbia
Municipalities: Cities: Alberni, Chilliwack, Courtenay, Cran-
brook, Duncan, Fernie, Grand Forks, Kamloops, Kimberley,
Langley, Nanaimo, Nelson, New Westminster, North Vancou-
ver, Port Alberni, Port Coquitlam, Port Moody, Rossland,
Trail, Vancouver, Victoria, and White Rock. Districts: Bur-
naby, Central Saanich, Chilliwack, Coquitlam, Delta, Esqui-
mau, Fraser Mills, Kent, Kitimat, Langley, Maple Ridge,
Matsqui, Mission, North Cowichan, North Vancouver, Oak
Bay, Pitt Meadows, Richmond, Saanich, Sumas, Surrey and
West Vancouver; Towns: Mission City and Quesnel; Villages:
Abbotsford, Burns Lake, Castlegar, Chapman Camp, Comox,
61411-5—1
226
Creston, Cumberland, Gibson's Landing, Harrison Hot Springs,
Hazelton, Hope, Invermere, Ladysmith, Marysville, Merritt,
North Kamloops, Salmo, Sechelt, Silverton, Smithers, Terrace,
Ucluelet, Vanderhoof and Williams Lake.
G. W. Norman, C. W. Pulham, Thos. Bradley, John H. Pringle,
representing Federated Legislative Committee of Elderly
Citizens' Association.
Mrs. Effie Jones, and Mr. Emil Bjarnasson representing Civic
Reform Association.
Edward A. Jamieson and John D. Drew representing Vancouver
and District Labour Council.
INDEX
Page
1. OUTLINE OF APPLICATION AND OPPOSITION THERETO 3
2. METHOD OF DETERMINING REVENUE DEFICIENCY 4
3. MAIN POINTS IN ISSUE AND BOARD'S FINDINGS THEREON 6
(i) Directory Contract 6
(ii) Share Issue Expense 6
(iii) Interest during Construction 7
(iv) Surplus 7
(v) Deferred Income Tax 8
4. OTHER POINTS IN ISSUE 8
5. REVENUE DEFICIENCY AS ADJUSTED 9
6. INCREASES AUTHORIZED 9
(i) Distribution of Revenue Deficiency as Adjusted 9
(ii) Toll Service Rates 10
(iii) Surcharge between Mainland and Island Points 11
(iv) Charge for Collect Calls 11
(v) Local Service Exchange Rates 11
(vi) Exchange Grouping 12
(vii) Base Rate Areas and Mileage Charges 13
(viii) Primary Exchange Service Rates 14
(ix) Other Changes 14
(x) Reasonableness of Rates Approved 14
61411-5— 1£
227
JUDGMENT
By the Board:
1. OUTLINE OF APPLICATION AND OPPOSITION THERETO
This is an application by British Columbia Telephone Company (herein
sometimes referred to as "the Applicant" or "the Company") for an Order under
Section 380 and all other relevant sections of the Railway Act, approving, to
be effective at the earliest possible date, revisions of the Applicant's tariffs of
rates for exchange and long distance services and equipment, all as set forth
in Schedule "C" of the amended application dated May 16, 1958. If granted in
full, the request would increase the Applicant's total operating revenues by \
$3,996,000 per year.
In general terms the Applicant's reasons for seeking increased rates at
this time may be summarized as:
(a) Substantial increases in the cost of providing and maintaining service
have taken place since April 1, 1953, the date on which increases were
last authorized by the Board.
(b) Notwithstanding economies effected and various measures taken to
increase revenues, rising costs have resulted in earnings falling to such
an extent that net income will be substantially below the amount
required to provide for dividends on preference, preferred and ordinary
shares.
(c) The rates and charges now in effect are insufficient to provide the
revenues required to meet necessary costs of operating and maintain-
ing the Applicant's property, and provide a reasonable return in
order to maintain the credit of the Applicant so as to enable it to
procure additional funds for the expansion and improvement of its
facilities.
(d) A new wage agreement with employees of the company, effective /
April 1, 1958, will increase the Applicant's operating costs by $2,064,000 j
per annum.
(e) A change in the basis of taxation of utilities in 1957 resulted in /
property taxes being increased by over 40% in that year and the/
total amount now payable in this connection is approximately $950,000,/
per annum.
(/) It is expected that construction expenditures in 1958 will be approxi-
mately $50,000,000 and that a similar amount will be expended in
1959 and this will necessitate extensive public financing.
(g) The accumulated earned surplus at December 31, 1957, amounted to
less than the amount required to cover payment of dividends on the
Applicant's outstanding capital stock for one year. Having in mind
the need for public financing in the near future, it is essential that
the Company's level of earnings be raised so as to attract the new
capital which must be obtained.
Considerable factual evidence was presented by witnesses for the Applicant
in support of its application, most of which had been provided prior to the
hearing to Mr. Brazier's clients (hereinafter referred to as "the Respondents").
229
230
A total of 42 communications were received from municipalities, associa-
tions and individuals outlining objections to the granting of the application,
all of which have been transmitted to the Company. Of these submissions,
most of which were received prior to the hearing, twelve were from municipal
officers, eight from Boards of Trade or Chambers of Commerce, and 13 from
associations of various kinds. The remainder were mainly from individuals.
In a general way the representations thus made opposed increases in
rates upon substantially the following grounds: that the increase is opposed;
that the present service is unsatisfactory and no increase should be granted
until it is improved; that present subscribers should not be called upon to bear
the burden of providing facilities for new customers; that persons of senior
years, pensioners and others, are unable to bear an increase; that rates already
exceed those elsewhere; that efficiency of management is questioned and
economies should be made; that toll free service in certain instances should
precede a rate increase; that increased rates are unjustified in a period of
declining business activity and unemployment; that the Applicant's profits
are adequate and no reason exists for increase.
Only two of these submissions were presented in open court and thus
subjected to cross examination or rebuttal.
Mr. Brazier's appearance on behalf of the Province of British Columbia,
the Union of British Columbia Municipalities and 72 cities, districts, towns
and villages indicates broadly that the opposition made by him on their behalf
included also all those who have made their own written submissions. The
witness called by Mr. Brazier was Mr. R. M. Skinner, Chartered Accountant.
Insofar as these submissions have included allegations of unsatisfactory
service we have placed such views in the possession of the Company in the
expectation that all reasonable steps will be taken to correct them wherever
possible. We are not vested with powers to deal with service matters of this
kind. Our duty is to determine whether there is a revenue deficiency and to
what extent and by what means such deficiency may be recovered through
the charges the Company makes for the service it provides, having first con-
sidered the nature and quality of the telephone service being rendered and
the efficiency of the Company's management.
We have studied all submissions received and to the extent we are able
have taken the various views into consideration in determining the level of
increased rates to be allowed.
2. METHOD OF DETERMINING REVENUE DEFICIENCY
In considering the claim of a regulated company for increased rates to
provide additional revenues it is necessary to determine the Company's earn-
ing power under existing rates. This is usually done on the basis of a twelve-
month period which may be a period for which the results are already known, ,
one for which the results are partially available so that the balance must be
estimated, or one for which no results are available and the whole must be
estimated. Another approach is to use a "constructive" or "reconstructed"
year, which is generally designed to show what the results of a twelve-month
period would be if certain changes which actually take place during the
period were effective for the whole period. The Board must exercise its
judgment as to which of these methods, or modifications thereof, may be
the most appropriate for rate making purposes in any particular set of
circumstances.
Included in the data submitted by the company was an estimate (Column
1 of Exhibit 58-E.5) of what the revenues and expenses would be during
the year 1958 if no increases in rates were granted and with the item of
231
deferred income taxes eliminated from expenses so as to give effect to Order
in Council P.C. 1958-602. The Company estimated that on this basis an
amount of $233,000 would be available for addition to the Company's earned
surplus account after meeting all expenses, including bond interest, and
paying dividends on the preference and preferred shares and also paying
dividends at the rate of $2 per annum on the ordinary shares in accordance
with a practice of many years' standing.
In Column 3 of Exhibit 58-E.5, these figures were adjusted so as to
produce a "reconstructed" year by including the additional revenue which
would have been received if the proposed increased rates had been put into
effect as of January 1, 1958, and the additional expense that would have been
incurred if an increase in wages, actually dating from April 1, 1958, had also
been in effect for the whole year. Another adjustment, the propriety of which
was questioned by Respondents, was the inclusion as an expense in the re-
constructed year of the difference between the interest and dividends which
it was expected would be paid during 1958 on securities issued in the latter
half of that year, and the amount of interest and dividends which would have
been payable on these securities if they had been issued on January 1, 1958.
It was estimated by the Company that approximately 40,000 additional
telephones would be put into service during the year 1958 and in estimating
the results for that year and in developing the reconstructed year in Exhibit
58-E.5, effect was given to the progressive increase in the number of telephones
in service during the year. At a later point in the hearings Exhibit 58-E.6 was
filed by the Company to show what the revenues and expenses would be if all
the telephones which are expected to be in service at December 31, 1958, were
in service throughout a full year.
Although rates are established for future use, they must, to a great extent,
be based on past experience, and if a change occurs in the conditions of
operation which might be expected to materially affect either favourably or
adversely the company's earnings position, it would be reasonable to take such
factors into account unless there are grounds for supposing that such an effect
would be nullified by offsetting factors. Where capital expansion is taking
place at a relatively moderate rate the use of a reconstructed year for rate
making purposes often has advantages and in previous rate cases of the B.C.
Telephone Company it has been the practice to use a reconstructed year to
assist in determining the company's revenue deficiency. The Board does not
believe, however, that in the present instance the figures of the reconstructed
year developed either in Exhibit 58-E.5 or Exhibit 58-E.6 provide a proper
basis on which to assess the Company's need for additional funds. Reference
has already been made to the extremely rapid growth of the Company's plant
and equipment during recent years, and plans for the next few years con-
template a continuance of this high rate of expansion. Past experience suggests
that revenues and savings from the installation of new equipment may well
be sufficient when coupled with rate increases authorized by this judgment
to meet any additional expenses connected therewith, including financing
charges.
In determining the Company's need for additional funds the Board has
used the Company's own estimate (Column 1 of Exhibit 58-E.5) of what its
actual revenues and expenditures would be during the year 1958 if no increase
in rates were granted. The Board realizes that these figures include wages at
one level from January 1, 1958, to March 31, 1958, and at an increased level
from April 1, 1958, to December 31, 1958. The fact is, however, that during
the five years in which the rates authorized by the Board's 1953 Judgment
were in effect the Company, through increased revenues, was from time to time
able to grant increases in wages, and between January 1, 1953, and December
232
31, 1957, the Company's accumulated earned surplus increased from $628,577
to $3,728,982, notwithstanding transfers to the Employees' Benefit Fund Reserve
of $186,487, and to the Reserve for Fire Loss, Accidents and Contingencies
of $200,000.
3. MAIN POINTS IN ISSUE AND BOARD'S FINDINGS THEREON
As mentioned earlier in this Judgment, the adjustment which the Company
proposed making in respect of interest and dividends in arriving at the results
for the reconstructed year 1958 was opposed by the Respondents. The amount
involved was very large, and strongly divergent views were expressed as to
its proper treatment, but as the reconstructed year has not been used in deter-
mining the Company's present earning power no further discussion of the
matter is called for in this Judgment.
During the course of the hearing it became apparent that the main points
in issue, apart from that just mentioned, were five in number, and these are
now dealt with under separate headings:
(i) Directory Contract:
The details of the relationship between the Applicant and Dominion
Directory Company, Limited, have been the subject of investigation by this
Board in the two previous rate cases of 1950 and 1953. Again at this hearing,
the Respondents questioned the desirability of the Applicant having a contract
with Dominion Directory Company, Limited, under which a commission is paid
by the Applicant amounting to 30% of the revenue from the "yellow pages"
advertising, rather than the Applicant performing this work itself. Mr. McLean,
President of the Company, asserted that in his judgment the Company's
arrangement with Dominion Directory Company, Limited resulted in a greater
financial benefit to the subscribers of the Applicant than they would otherwise
receive. Mr. Skinner, on the other hand, expressed the belief that the operation
could be equally well carried out as a department of the Applicant and he
therefore proposed oh behalf of the Respondents that for rate making purposes ,
the expenses and revenues of the directory company should be considered as
part of the Applicant's expenses and revenues.
After full consideration of the evidence, and having reviewed its previous i
findings, the Board is not convinced that it should interfere with management's
decision in the matter.
(ii) Share Issue Expense:
In arriving at the amount which it was estimated would be available for
transfer to earned surplus for the year 1958, the Company included provision
for an amount of $400,000 in respect of share issue expense. Witnesses for the
Applicant and for the Respondents agreed that for accounting purposes share ,
issue expense should properly be treated as a charge against earned surplus
rather than against current earnings and an amount of $362,284 was, in fact, 1
handled in this way by the Company, as shown in its 1957 Annual Report.
In his evidence for the Respondents Mr. Skinner expressed the. view that
since share capital is raised only irregularly this treatment would also be proper
for rate making purposes and that it would be inequitable to set rates on the
basis of recovering the costs of a share issue in any single year. He felt that
the costs involved should, for rate making purposes, be merely one of the factors
to be borne in mind in determining a reasonable surplus for the Company.
The Company, on the other hand, contended that the experience of the last
five years, coupled with the capital expansion programme planned for the next
few years, justified inclusion of the amount in question as a charge against
operations for the year on which rates were to be based.
233
In the circumstances of this particular case it seems to the Board that,
for rate making purposes, it is more appropriate to allow such an item to be
considered as a charge against earnings, rather than to have it obscured in the
permissive annual surplus. At such time as the Company's capital expansion
programme diminishes, steps will be taken by the Board to eliminate any such
item from allowable expenses. The Board therefore finds that $400,000 is a
reasonable amount to allow as a charge against earnings for share issue ex-
pense at this time.
(Hi) Interest during construction:
This subject was discussed in the Board's Judgment of March 24, 1953,
and was again a point in issue in the present case. Witnesses for the Applicant
expressed the view that the capitalizing of interest during construction was a
correct accounting procedure which would also be proper for rate making pur-
poses provided that the rate base — rate of return method was used in com-
puting the level of rates. They contended, however, that the capitalizing of
interest was improper for rate making purposes where the level of rates was
based on a fiscal requirements formula, unless specific provision was made
therefor in the allowable surplus item. The Respondents, on the other hand
expressed the view that the Board's 1953 conclusion on this point was correct.
After reviewing the evidence adduced at this hearing, and its previous
finding, the Board has concluded, and so finds, that interest during construc-
tion should be capitalized for rate making purposes, and that it is not necessary
for a specific provision in that connection to be made in the requirements
formula.
(iv) Surplus:
In reaching a decision as to the surplus which a regulated company may
appropriately be allowed to earn many factors must be taken into account, and
there is a wide divergence of opinion as to the weight that should be given to
these various factors. In its application the Company requested the Board to
authorize a permissive annual surplus of $2,431,000, and a witness for the Com-
pany suggested six different tests which might be applied to determine the
reasonableness of this amount. A witness for the Respondents, on the other
hand, by use of a different test concluded that a surplus of $1,118,000 would be
adequate in the circumstances. Many criteria could be used in testing the pro-
priety of a figure for surplus and, although comparisons with other companies
or groups of companies are undoubtedly useful, consideration must be given
to the respective capital structures of the companies concerned as well as to
debt ratios, relative stability of earning power in the particular territories
served, companies' sizes and past histories, and also their current and pros-
pective rates growth.
In its 1953 Judgment the Board allowed a sum of $698,798 as a reasonable
j permissive annual surplus. This was the amount requested by the Company
during the hearings of that case, and if the amount was reasonable in 1953 it is
apparent, in view of the Company's growth during the intervening five years,
that a considerably higher figure could be justified at the present time. The
Board has carefully reviewed the evidence and weighed all factors in an effort
' to determine a proper permissive annual surplus, having in mind particularly
I that the level of rates must not only be just and reasonable to the subscribers.,
but also to the Company. It is estimated that expenditures for needed improve-
ments to the Company's plant and extension of its service will be at the rate of
• approximately $50,000,000 each year for the next five years. While realizing the
desirability of the Applicant's telephone rates and the level of prices generally
being as low as possible, it is equally desirable that the Company's capital pro-
gramme should not be jeopardized by inadequate rates.
61411-5—2
234
The Board has therefore concluded, and so finds, that a proper permissive
annual surplus for the Applicant under present circumstances is $1,500,000.
(v) Deferred Income Tax:
The Applicant has requested directions from the Board on the questions
which emerge from Order in Council P.C. 1958-602, which reads as follows:
"The Committee of the Privy Council, on the recommendation of the
Right Honourable John George Diefenbaker, the Prime Minister, having
received, heard and considered, pursuant to section 53 of the Railway Act,
a petition to rescind Order No. 93401 of the Board of Transport Commis-
sioners for Canada dated 10th January 1958, approving revisions of the
tariffs of the Bell Telephone Company of Canada for exchange and long
distance services and equipment and an answer to such petition, recommend
that Your Excellency may be pleased to rescind the said Order No. 93401 of
the Board and to direct the Board that, as a principle of rate making policy,
credits to tax equalization reserves shall not be regarded as necessary ex-
penses or requirements in determining rates and charges."
The effect of the Order in Council is to prohibit the Board from allowing
as an expense for rate making purposes any credits to a deferred tax reserve.
The two alternatives to allowing such an expense as put forward by the
Applicant are:
(a) that it should be permitted to pay income tax on its corporate profit
computed after charging to expense depreciation on the straight line
basis now used in the Company's books. This would result in the
Company paying a higher amount of income tax at this time than the
tax resulting from net profit computed on the basis of charging as an
expense capital cost allowance rather than straight line depreciation;
or
(b) that it should be allowed for rate making purposes to book its depre-
ciation expense on the basis of capital cost allowance rather than
straight line. This would result in an increased depreciation expense
allowance at the present time.
Since the conclusion of the hearings of this case in Vancouver on June 6,
the Bell Telephone Company of Canada has filed an application dated June 25
requesting increases in its tariffs. At least one of the alternatives on which the
Applicant has requested directions will be in issue in the Bell case now pending.
Because of the importance of these points, the Board wishes to have the benefit
of the evidence in the Bell case before deciding what directions, if any, to give
to the Applicant.
4. OTHER POINTS IN ISSUE
During the course of his argument, Mr. Brazier indicated that he was
prepared to rely upon the Board to determine the propriety of certain specific
items. The Board is not satisfied that any adjustments are warranted at this
time in the following:
(a) payments pursuant to service contract with General Telephone Service
Corporation;
(b) purchases made through Canadian (B.C.) Telephones and Supplies
Ltd.;
(c) charges made to and revenues received from North- West Telephone
Company;
(d) loan made to North-West Telephone Company;
(e) provision for uncollectible accounts;
(/) charitable contributions.
235
5. REVENUE DEFICIENCY AS ADJUSTED
The Applicant has requested approval of rates which would yield $3,996,000
additional revenue on a full year's basis, computed on average plant in service
during 1958. Based upon consideration of the evidence and the findings made
herein, the estimates for 1958 under present rates (Column 1 of Exhibit
58-E.5) have been restated to reflect a permissive annual surplus of $1,500,000,
indicating an income deficiency of $1,300,000 as set out in the following table:
STATEMENT OF INCOME DEFICIENCY
(as determined by the Board)
$(000) $(000)
Total operating revenues
(line 6, Col. 1, Ex. 58-E.5) . 44,261
Total operating expenses
(line 14, less line 13, Col. 1, Ex. 58-E.5) 34,957
Net operating revenue 9,304
Taxes other than income taxes
(line 13, Col. 1, Ex. 58-E.5) 1,327
Net operating income before income taxes 7,977
Income taxes
Net operating income 7,977
Other income (including interest during construction) • 1,252
Total income 9,229
Financial requirements:
Fixed charges 3,753
Dividends — preference & preferred 2,243
— common 2,600
Share issue expense 400
Surplus 1,500
10,496
Income deficiency 1,267
(say) 1,300
If the Company follows its practice of recent years and claims maximum
capital cost allowance for income tax purposes, no Federal income tax in
respect of the year 1958 would be immediately payable, unless increased
revenues are considerably greater than the Board is disposed to allow through
increased rates. Any such increased revenues would, therefore, be almost
wholly reflected in an increase in net operating income, and the Board accord-
ingly finds $1,300,000 as the Applicant's revenue deficiency.
6. INCREASES AUTHORIZED
(i) Distribution of Revenue Deficiency as Adjusted:
As already stated the amended application claimed a revenue deficiency
of $3,996,000 which the Company sought to recover by increasing exchange
rates sufficiently to obtain increased revenue therefrom of $3,275,000 or
approximately 80 percent of the total claimed deficiency. It sought also to
61411-5— 2£
236
•
increase its charges for long distance services sufficiently to recover an addi-
tional $721,000 therefrom, or approximately 20 percent of the claimed deficiency.
From a revenue standpoint the exchange services would bear an increase of
about 12 percent and long distance 5 percent.
With the revised deficiency which we have found to exist, it is necessary
to revise the proposed rates to reflect a total deficiency recovery of $1,300,000.
/In our opinion the facts and circumstances justify the adjustment of
proposed rates to reflect an increase in toll rates to yield $720,000 and exchange
rates to yield about $580,000. This should yield to the Company a revenue
increase of approximately 5 percent in toll service and 2 percent in exchange
' service. Our reasons for this division of increase are more particularly set out
in the following portions of this Judgment.
(ii) Toll Service Rates:
Upon cross examination it was developed that there was little difference
in the competitive aspects of long distance service with air mail, telegraph
and other communication services under either the Company's initial application
which sought a ten percent revenue increase in such rates, or the amended
application which was substantially half of that originally proposed. In both
applications the Company had computed an attrition factor of 1 percent in
volume due to the increase in rates.
The Company, however, has asserted that since the beginning of the current
year its revenue growth has materially declined from that of comparable
periods a year ago and it does not now advocate the scale of long distance
rates which it initially proposed. It also stated it was conscious of the level
of its toll rate structure in comparison with other like scales.
On the other hand we cannot ignore the fact that the cumulative increase
in rates which has occurred since 1949 indicates that a proportionately greater
y increase in revenue has been derived from exchange services than from toll
services. The evidence is that exchange revenue has increased in this period
by approximately 53 percent compared with 23 percent for toll revenue.
There is no direct correlation between the levels of local exchange and
long distance rates. Long distance services are susceptible of competitive
influences which do not occur in local service, the latter, of course, being the
backbone of the total service provided by the Company from which it must
obtain a substantial part of its revenue.
Notwithstanding the present declining level of toll revenue we think that
a resumption of normal business activity will bring about broader use of toll
facilities and that the revenue therefrom will again play an important part
in furnishing revenue to the Company.
We have decided, therefore, that the scale of toll rates for two-point
service within British Columbia and between British Columbia and Alberta,
also the two-number short haul toll rates, as set out in Schedules CI and C2
of the amended application shall be authorized.
The basic station-to-station day rates of the former do not exceed an
increase of 5 cents per initial calling period. In some instances no increase
occurs and in others a reduction is made. All of the two-number short haul j
rates involved are increased by 5 cents per initial period with no change in
overtime rates except to uniformly apply such rates to each two-minute period
of overtime.
The present relationship of night and Sunday rates to day rates, and the
relationship of person-to-person rates with station-to-station is proposed to be
adjusted to influence a more equitable spreading of day and night calling and
also to recover the added labour costs involved in person-to-person calling
which would also encourage station-to-station calling.
237
The night and Sunday station-to-station increases do not exceed 10 cents
per initial calling period — in many cases the increase is 5 cents. The increase
applied on person-to-person calling is not in excess of 25 cents per initial period
and ranges as low as 5 cents.
As increases in rates must be in 5 cents or multiples thereof it would not be
practicable to modify the proposed basic scale. To apply no increase thereto
would result in a greater increase being imposed upon exchange services in
order to effect recovery of the overall revenue deficiency.
(Hi) Surcharge between Mainland and Island Points:
As part of its proposed adjustment of long distance toll rates the Company
proposes a reduction in the surcharge from 30 cents per call to 20 cents per
call on calls between Vancouver Island points and points on the mainland of
British Columbia or in Alberta. It also proposes to reduce the present surcharge
of 15 cents per call to 10 cents per call between the Gulf Islands exchange and
all points in British Columbia (except the Ganges exchange) or Alberta.
We see no reason why this modification should not be made and approve it.
(iv) Charge for Collect Calls:
The Company proposes to establish a charge of 10 cents when station-to-
station calls are to be collected from the person called or when billed to a third
telephone number. It is not proposed to exact such charge in cases where ad-
vance arrangements have been made for credit with the Company, or where
special reversed charges service is already provided by tariff, namely, item 217
of CTC No. 33.
The Company states "This practice is being introduced with the object of
deterring unnecessary reversals of charges and to cover the added cost of pro-
viding this service on station-to-station calls."
It is to be noted that a similar charge was proposed by Bell Telephone
Company and was approved by us in our Judgment of January 10, 1958 (47
J.O.R. & R. 439). Calls of this nature of necessity require the services of oper-
ators, increase accounting and impose labour costs not attendant upon prepaid
station-to-station calling. We consider the charge to be reasonable in the
circumstances and it is approved.
(v) Local Service Exchange Rates:
The Company's proposals respecting the increase in rates for local exchange
service covered a wide range of services and equipment. Apart from the pro-
posed increase on business and residence primary service, which is the fur-
nishing of the main circuits, it was proposed to increase rates for extensions,
miscellaneous equipment rentals, service connection charges and other mis-
cellaneous items.
Collectively the revenue increase to be derived from other than primary
service was about 16 percent of the revenue deficiency of $3,275,000 proposed to
be secured from increased exchange service rates. As many of the items of
equipment rental and other services in this category were proposed to be
increased by small amounts such as 5 cents, the reduction in the deficiency to
$580,000 to be secured from increased exchange service rates made it imprac-
ticable to apply any increase to this variety of charge.
Among other features of the Company's proposed revisions to its exchange
rate structure are (1) a reconstitution of the rate grouping for the various
exchanges, and changes in the group limits thereof, and (2) a change in the
method of designating the area of free calling in each exchange, otherwise
known as the "base rate area".
238
(vi) Exchange Grouping:
As noted in our Judgment of September 21, 1950 (66 C.R.T.C. 7, at 53)
"rates for exchange service, for the first time have been arranged on a group
basis according to the total number of telephones in service in each exchange
area." These groups are presently ten in number with the upper limits of total
telephones extending from 250 in Group 1 to over 80,000 in Group 10.
No prolonged discussion is here necessary as to the method of grouping as
it was extensively dealt with in 1950, but it is sufficient to say that such group-
ing reflects the relative value of the service to subscribers and the added costs
involved in the interconnecting facilities as the number of telephones increase
within a given exchange.
As the application of group rates is dependent upon the sole factor of total
telephones in service within an exchange, the necessity arises to move ex-
changes from one group to another when either growth or decline establishes
higher or lower total telephone factors. To do otherwise would create conditions
of unjust discrimination unless all exchanges were accorded like treatment.
In October 1951, in consideration of the foregoing and that the Statute
places the duty upon the Board to see that no unjust discrimination prevails,
we established regulations by our Circular No. 267 calling for reports from each
telephone company under our jurisdiction twice yearly of all exchanges which
had outgrown or fallen below group limits by more than five per cent.
Upon consideration of these reports and all factual detail concerning the
same, where the Board is convinced that growth or decline may be deemed to
be permanent, the Board directs the Company concerned to move the exchange
into the group appropriate to its size. Since the Circular was issued 43 of the
Company's exchanges have been so moved and there are now pending three
reports concerning Port Coquitlam, Lillooet, and Fernie.
Were it not that this case was pending, these exchanges would have been
moved into the next higher rate group. The Company's rearrangement of groups
will render it unnecessary to deal specifically with such reports: the exchanges
will be assigned to their proper group under the terms of this Judgment.
The Company's proposal is to establish 9 groups, of which numbers 8 and 9
will apply respectively to Victoria and Vancouver and to the exchanges having
extended area service therewith. Basically Group 1 is expanded from 250 tele-
phones to 500 and corresponding changes made in groups 2 to 7 inclusive.
The Company states that by altering the group limits there will be less
necessity to re-group exchanges than is the case at present; that where ex-
changes are moved to lower groups a lesser amount of increase will apply thereto
but upward grouping may occur sooner; that in other instances where exchanges
are not so moved, the expansion of the group limits will delay the possibility of
re-grouping and thus offset to some extent the larger increase in rate.
A comparison follows of the present and new groups, with their limits,
which we approve:
Present limits
Group No
New Limits
Up to 250 telephones
1
Up to 500 telephones
750
u
2
1,000
1,500
n
3
2,000
2,500
tt
4
5,000
5,000
tt
5
10,000
10,000
<<
6
20,000
20,000
<(
7
50,000
40,000
<<
8
Victoria
80,000
<(
9
Vancouver
Over 80,000
«<
10
Discontinued.
239
Under this scale the following exchanges now in rate group 2 will be moved
back into group 1:
Bridge River Mines
Burns Lake
Golden
Gulf Islands
Invermere
Keremeos
Nakusp
Natal
Salmo
Tofino
Ucluelet
Vanderhoof
Youbou
and the following exchanges now in rate group 3 will move back to group 2:
Hope
Keating
Lake Cowichan
and Ladner, now in group 4, will move into group 3.
While exchange rates are provided for rate groups 6 and 7, there are no
exchanges presently assigned to such groups. Such rate groups are for future
expansion.
(vii ) Base Rate Areas and Mileage Charges:
A "base rate area" is the area within which calling between subscribers
may take place without any charge additional to that of the flat exchange rate
for primary service. At the present time the Company establishes these areas
in each exchange by "free mileage radius" ranging from 1 to 2 miles and centred
on central offices or other designated mileage centres.
For exchange service provided to subscribers situated beyond such limits,
a mileage charge is applicable for each quarter mile or fraction beyond the
specified radius.
It has come to the Board's attention recently, and has been the subject
of discussion with the Company, that establishing free calling areas by this
method cuts through developed areas and results in mileage charges occurring
where all other conditions would not so justify the difference in treatment
of subscribers. It also has the effect of establishing free calling in undeveloped
or under-developed areas where such would not ordinarily be justified.
The Company has, by Exhibit 58-B.2 in this case, illustrated the effect
of its present method in West Vancouver where development has occurred along
a comparatively narrow strip of the shore whereas the free calling area of
the exchange places the limits partly in the sea and in undeveloped mountainous
territory.
The Company's proposal is to design base rate areas in an irregular fashion
within boundaries which will eliminate many of the objectionable features of
the present method and will, in many cases result in the elimination of mileage
charges and modify others where mileage is still justified. In future, where
mileage charges are incurred, the distance will be computed to the nearest
point on the boundary of the base rate area.
The revised plan is one which has been in use throughout the Bell territory
in Ontario and Quebec for many years; it allows flexibility to adjust boundaries
as the need arises and removes most of the grounds of objection to the resulting
240
mileage charges. We are given no power to establish base rate or exchange
boundaries, but we are empowered to remove any condition of unjust discrimi-
nation found to exist, and also to deal with the rates charged within or without
such boundaries.
The Company's plan meets with our full approval.
The rearrangement of base rate areas in this manner will result in an
annual revenue loss to the Company. Increases in exchange mileage charges
have been proposed which have only partly modified this loss. It is estimated
that notwithstanding such increases the annual revenue loss will approximate
$114,000. The revised mileage charges are not considered to be excessive and
are approved.
(viii) Primary Exchange Service Rates:
In the Appendix to the Order which follows the issuance of this Judgment
we set out the revised exchange rates for primary service in each class of
service offered by the Company. These rates apply to 107 exchanges, 67 of
which in certain instances or classes of service incur no increase or will have
lower rates than at present. This, of course, is partly due to the change
of rate grouping previously mentioned herein.
The resultant rates, in all aspects of service, will be higher for business
services than for residential as they are now. Such a relationship reflects the
greater value of telephone service generally to business than to residences.
Where increases in rates occur in residential party line service, the increase
in multi-party does not exceed 5 cents per month, or 10 cents per month for
residential two-party service. These moderate increases, we believe, will not
bear unduly upon those who advanced special pleas for moderation on account
of fixed income, advancing years, and other conditions of like character.
The Company has proposed to introduce a separate charge for what It
describes as "consecutive number service". This is a type of service which
provides automatic pick up of lines other than the number called, when such
facility is so provided at customer's request. As at December 31, 1957, out
of a total of 41,493 business main telephones, 9,122 were so equipped. The
service is akin to that provided by private branch exchange trunks but has
been heretofore furnished without additional charge beyond the individual
line rate.
The proposed charge for each line is 50 cents per month in groups 1 to 4;
75 cents in groups 5 to 7; and $1.00 per month in Victoria and Vancouver.
No objections were made to us concerning this proposal and in the light
of the circumstances and conditions prevailing respecting such service we
consider the Company has justified the reasonableness thereof. It is therefore
approved.
(ix) Other Changes:
In certain instances, such as item 196 on sheet 25 of Schedule C-3 of the
amended application where present rates for rural connecting systems are not
to be increased, there is need to amend the said rates to bring them within
the rate groups herein approved. The Company will be expected to so arrange
in preparing its new tariff schedules in conformity with the general terms
of this Judgment. Such changes will be of a minor character.
(x) Reasonableness of Rates Approved:
We conclude that the rates approved herein meet all tests of reasonable-
ness and are not unjustly discriminatory. We cannot adopt the contention of
Counsel for the Respondents that there should be no disparity in exchange
241
rates in metropolitan centres. Such a contention, if upheld, would ignore the
peculiar circumstances and conditions affecting what must be rate structures
adapted to the revenue necessities of each particular telephone system.
In all respects, other than as previously stated herein, and in respect of
all services not stated in the Order which follows, the application of the
Company to increase its rates and charges is denied.
Order will go accordingly permitting the allowed increased rates to become
effective August 1, 1958.
CLARENCE D. SHEPARD
H. B. CHASE
July 18, 1958.
ORDER No. 94987 .
In the matter of the application of British Columbia Telephone Company, here-
inafter called the "Applicant", dated the 2nd of April, 1958, for an Order
under Section 380 and all other relevant sections of the Railway Act,
approving revisions of certain message toll and exchange service tariffs:
File No. 32560.43
Friday, the 18th day of July, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at sittings of the Board held at Vancouver
on May 26, 27, 28, 29 and 30 and June 2, 3, 4, and 6, 1953, in the presence
of Counsel for the Applicant, Counsel for Anglo Canadian Telephone Company
Limited, Counsel for the Government of the Province of British Columbia,
Union of British Columbia Municipalities, the City of Vancouver and other
Cities, Districts and Villages set forth in the Judgment herein dated July 18,
1958, and representatives of Federated Legislative Committee of Elderly
Citizens' Association, Civic Reform Association and Vancouver and District
Labour Council —
It is ordered that the Applicant may publish and file revised tariff schedules,
to be effective not earlier than August 1, 1958, adjusting rates and charges in
such tariffs to the extent specified in Appendix "A" to this Order.
It is further ordered that the provisions of Rules 3 and 6 of General Order
No. 658 are hereby waived.
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
242
APPENDIX A
To
ORDER No. 94987
CHANGES AUTHORIZED IN RATES AND CHARGES OF THE BRITISH COLUM-
BIA TELEPHONE COMPANY BY REFERENCE TO SCHEDULES CI, C2 AND C3
OF THE AMENDED APPLICATION AND TO THE TARIFF PROVISIONS
AFFECTED.
1. LONG DISTANCE MESSAGE TOLL SERVICE:
(Schedule CI.) (Tariff CTC. 32)
(a) Surcharge of ten cents per station to station call when the charges thereon
are reversed or billed to a third telephone number.
(b) Surcharge on calls between mainland and island districts
(i) Between Vancouver Island and mainland of British Columbia or Alberta,
20 cents per call.
(ii) Between Gulf Islands Exchange and all points in British Columbia (except
the Ganges Exchange) or in Alberta, 10 cents per call.
(c) Schedule of charges — Points in British Columbia and between British
Columbia and Alberta
DAY (EXCEPT SUNDAY) NIGHT AND SUNDAY
Initial 3 Minutes Initial 3 Minutes
Mileage Station Person Each Station Person Each
From To To To Additional To To Additional
Station Person Minute Station Person Minute
(Rates in cents)
0-
6
10
25
05
10
25
05
7-
10
15
30
05
15
30
05
11-
14
20
35
05
20
35
05
15-
18
25
40
05
25
40
05
19-
22
30
45
10
30
45
10
23-
26
35
50
10
35
50
10
27-
30
40
60
10
35
50
10
31-
35
45
65
15
35
50
10
36-
40
50
75
15
35
55
10
41-
45
55
80
15
40
60
10
46-
50
60
90
20
45
65
15
51-
55
65
95
20
50
70
15
56-
61
70
105
20
50
80
15
62-
67
75
110
25
55
85
15
68-
73
80
120
25
60
90
20
74-
79
85
125
25
65
95
20
80-
85
90
135
30
65
100
20
86-
93
95
140
30
70
105
20
94-
101
100
150
30
75
110
25
102-
109
105
155
35
80
115
25
110-
117
110
165
35
80
125
25
118-
125
115
170
35
85
130
25
126-
135
120
180
40
90
135
30
136-
145
125
185
40
95
140
30
146-
155
130
195
40
95
145
30
156-
165
135
200
45
100
150
30
166-
175
140
210
45
105
155
35
176-
189
145
215
45
110
160
35
190-
203
150
225
50
110
170
35
204-
217
155
230
50
115
175
35
218-
231
160
240
50
120
180
40
243
DAY (EXCEPT SUNDAY) NIGHT AND SUNDAY
Initial 3 Minutes Initial 3 Minutes
Mileage Station Person Each Station Person Each
From To To To Additional To To Additional
Station Person Minute Station Person Minute
(Rates in cents)
O O O OAK
Z6Z- Z'tD
lOO
94^
55
125
185
40
OAR 9fi*3
170
255
55
125
190
40
264- 281
175
260
55
130
195
40
282- 299
180
270
60
135
200
45
300- 317
185
275
60
140
205
45
318- 335
190
285
60
140
215
45
336- 359
195
290
65
145
220
45
360- 383
200
300
65
150
225
50
384- 407
205
305
65
155
230
50
408- 431
210
315
70
155
235
50
432- 455
215
320
70
160
240
50
456- 485
220
330
70
165
245
55
486- 515
225
335
75
170
250
55
516- 545
230
345
75
170
260
55
546- 575
235
350
75
175
265
55
576- 605
240
360
80
180
270
60
606- 645
245
365
80
185
275
60
646- 685
250
375
80
185
280
60
686- 725
255
380
85
190
285
60
726- 765
260
390
85
195
290
65
766- 805
265
395
85
200
295
65
806- 855
270
405
90
200
305
65
856- 905
275
410
90
205
310
65
906- 955
280
420
90
210
315
70
956-1005
285
425
95
215
320
70
1006-1055
290
435
95
215
325
70
1056-1115
295
440
95
220
330
70
1116-1175
300
450
100
225
335
75
1176-1235
305
455
100
230
340
75
1236-1295
310
465
100
230
350
75
1296-1355
315
470
105
235
355
75
TWO-NUMBER SHORT HAUL MESSAGE TOLL SERVICE:
(Schedule C-2.) (Tariff CTC 34)
Between Initial 5 Minutes Each Additional
2 Minutes
(Rates in cents)
Bowen Island and Woodside
20
05
Browning and Walnut
20
05
Browning and Westmore
20
05
Browning and Woodside
20
05
Browning and Yukon
20
05
Castlegar and Trail
20
05
Christina Lake and Grand Forks
15
05
15
05
Crestwood and Yukon
15
05
Grand Forks and Greenwood
15
05
New Westminster and Westmore
20
05
Belmont and Keating
15
05
15
05
244
EXCHANGE SERVICES:
(Schedule C-3.) (Tariff CTC 33)
(a) EXCHANGE RATE GROUPS:
RATE GROUP TELEPHONES
1 1- 500
2 501- 1,000
3 1,001- 2,000
4 2,001- 5,000
5 5,001-10,000
6 10,001-20,000
7 20,001-50,000
8 Victoria
9 Vancouver
(b) EXCHANGE RATE GROUP NUMBERS:
EXCHANGE GROUP NO.
Abbotsford 4
Agassiz 2
Ahousat 1
Aldergrove 3
Alexis Creek 1
Ashcroft 1
Balfour 1
Bamfield 1
Boston Bar 1
Bowen Island 1
Bowser 1
Bridge River Mines 1
Burns Lake 1
Castlegar 3
Chase 1
Chemainus . 3
Chilliwack 5
Christina Lake 1
Clinton 1
Cloverdale 5
Cobble Hill 2
Courtenay 4
Cranbrook 4
Creston 3
Cumberland 2
Duncan 4
Fernie 2
Forest Grove 1
Fort St. James 1
Fruitvale 2
Gabriola Island 1
Ganges 2
Gibsons 2
Golden 1
Grand Forks 2
Greenwood 1
Gulf Islands 1
Haney 4
Hazelton 1
Hope ' [ ' ' ] 2
Hornby Island 1
Houston i
245
EXCHANGE GROUP NO.
Kaslo 1
Keating 2
Keremeos 1
Kimberley 4
Kitimat 4
Ladner 3
Ladysmith 3
Lake Cowichan 2
Langley 4
Lillooet 1
Lytton 1
Merritt 2
Mission 4
Nakusp 1
Nanaimo 5
Natal .... 1
Nelson 4
New Denver 1
New Westminster 9
North Vancouver 9
Oliver '.;.V';.V. : 3
100 Mile House 1
Osoyoos 2
Oyster Bay 1
Parksville 3
Pender Harbour 1
Port Alberni 5
Port Coquitlam 3
Port Moody 9 '
Port Renfrew 1
Princeton 2
Quesnel 3
Radium 1
Richmond 9
Rock Creek 1
Rossland 5
Salmo 1
Sechelt 2
Shalath 1
Sidney 3
Slocan City .' 1
Smithers 2
Sooke . . . . ; .C.'i . tiwii • ...... .'. w • 2
South Slocan 1
Squamish 2
Talkwa 1
Terrace 3
Thetis Island 1
Tofino 1
Trail 5
Ucluelet 1
Vancouver 9
Vanderhoof 1
Victoria 8
Wells i 1
West Vancouver 9
Westwold 1
Williams Lake 2
Yale 1
Youbou 1
246
(c) EXCHANGE RATES:
BUSINESS SERVICES
Semi-
Individual
Measured
Multi-
PBX Trunks
public
Rate Group
(See
(See Notes
party
1-way
2-way
Daily
Note 1)
1 and 2)
Guarant(
(Rates in Cents)
i
J.
355
660
745
18
9
m
365
690
780
19
3
600
380
740
835
20
4
655
400
805
910
21
5
750
440
925
1045
23
6
850
485
1045
1180
25
7
950
530
1170
1320
27
8
1000
635
560
1225
1390
30
9
1370
795
750
1675
1900
35
Note 1: Where consecutive numbers are required for two or more individual
flat rate or measured lines in connection with a single service, the
following additional monthly charges are applicable to each line in
the group:
Rate Per Month
Rate Groups 1-4 $ .50
Rate Groups 5-7 .75
Rate Groups 8 and 9 1.00
Note 2: The rates shown include 100 outgoing local calls for Vancouver serv-
ices and 80 outgoing local calls for Victoria services. Excess calls are
charged at $.05 each.
RESIDENCE SERVICES
P.B.X. Trunks
Rate Group Individual Two-party Multi-party 2-way
1 330 260 225 440
2 340 270 230 450
3 355 280 240 470
4 375 295 255 500
5 405 320 275 530
6 425 340 295 565
7 450 360 310 600
8 465 370 320 620
9 550 430 375 730
EXCHANGE LINE MILEAGE:
(Sheet 19 Schedule C-3.) (Tariff CTC 33)
Cents per each one-
quarter mile or fraction
(a) Each individual line, private branch exchange, trunk
line, generator circuit and battery circuit 60
(b) Each two-party service 40
(c) Each multi-party service within ten miles of the
central office Nil
(d) Each multi-party service beyond ten miles of the
central office Special arrangement.
247
SUMMARY OF ORDERS ISSUED BY THE BOARD
95186 Aug. 11 — Authorizing the Federated Pipe Lines Limited to construct a pipe line
across the oil pipe line of Interprovincial Pipe Line Company in the
Province of Alberta.
95187 Aug. 11 — Authorizing the Federated Pipe Lines Limited to construct a pipe line
across the oil pipe line of Interprovincial Pipe Line Company in the
Province of Alberta.
95188 Aug. 11 — Authorizing the C.N.R. to remove the caretaker at Ebenezer, Sask.
95189 Aug. 11 — Authorizing the C.P.R. to relocate the private line and siding at
mileage 97.7 Sutherland Subdivision, Saskatchewan.
95190 Aug. 11 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and Morley Municipal Telephone System.
95191 Aug. 11 — In the matter of application of the C.P.R. for approval of plan
showing protection as installed at the crossing of its railway and
McAdam Road, Finch, Ontario.
95192 Aug. 11 — Permitting removal of slow order at C.N.R. crossing at Fireproof
Company Crossing, mileage 35.76 Oakville Subdivision, Ontario.
95193 Aug. 11 — Relieving the C.N.R. from erecting right of way fences on certain
locations on its Bengough Subdivision, Saskatchewan.
95194 Aug. 11 — In the matter of application of the C.N.R. on behalf of McColl-
Frontenac Oil Company Limited, for approval of proposed location
of facilities for handling and storage of flammable liquids at
Chibougamau, P.Q.
95195 Aug. 11 — In the matter of application of the Dominion Atlantic Railway
Company (C.P.R.) on behalf of Imperial Oil Limited, for approval
of proposed location of facilities for handling and storage of
flammable liquids at Annapolis Royal, N.S.
95196 Aug. 12 — Permitting the removal of slow order at C.P.R. crossing of Montee
du Moulin Road, west of Station at Laval des Rapides, P.Q.
95197 Aug. 12 — Authorizing Imperial Tobacco Company to construct a private siding
across the company pipe line of Trans-Northern Pipe Line Company
Limited, at Oriole, Ontario.
95198 Aug. 12— In the matter of application of the C.P.R. on behalf of the K.V.P.
Company Limited, for approval of proposed location of additional
facilities for the handling and storage of flammable liquids at
Turner Station, near Little Current, Ontario.
95199 Aug. 12 — Approving under the Maritime Freight Rates Act tolls published in
Agreed Charge Tariff filed by the C.F.A. under Sections 3 and 8.
95200 Aug. 12 — Permitting the removal of slow order at N.Y.C. Railroad Company
crossing of Highway No. 20 at St. Stanislas, Quebec.
95201 Aug. 12 — Requiring the C.N.R. to install certain protection at the first crossing
east of the station at Drummond, N.B.
95202 Aug. 12 — Requiring the C.N.R. to install certain protection at the crossing
of Welland Street, Port Colborne, Ontario.
95203 Aug. 12 — Requiring the C.N.R. to install certain protection at the crossing
of Neuville-St. Raymond Road, mileage 16.25 La Tuque Subdivision.
95204 Aug. 12 — Requiring the C.N.R. to install certain protection at the crossing of
their railway at St. Valier, Quebec.
95205 Aug. 12 — Requiring the C.N.R. to install certain protection at the crossing
of Highway No. 45, west of Villemontel, P.Q.
95206 Aug. 12 — Requiring the C.N.R. to install certain protection at the crossing
of Highway No. 10 at Rosedale, Alberta.
95207 Aug. 12 — In the matter of the filing of tariffs by The Bell Telephone Company
of Canada.
95208 Aug, 12— In the matter of application of the C.P.R. on behalf of Shell Oil
Company of Canada Limited, for approval of proposed location of
additional facilities for the handling and storage of flammable
liquids at Sault Ste. Marie, Ontario.
248
95209 Aug. 12 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 10 where it crosses the C.N.R. at mileage 30.63 Ross-
burn Subdivision, Manitoba.
95210 Aug. 12 — Authorizing the C.N.R. to operate under the overhead bridge in the
Township of Orillia, Ontario, mileage 85.0 Newmarket Subdivision.
95211 Aug. 12 — Authorizing the C.N.R. to operate under the overhead bridge in the
Township of Chaffey, Ontario, mileage 35.28 Huntsville Subdivision.
95212 Aug. 12 — Authorizing the Municipality of Coquitlam, B.C. to construct the
highway over the company pipe line of Trans Mountain Oil Pipe
Line Company in the Province of B.C.
95213 Aug. 12 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.F.A. under Sections 3 and 8.
95214 Aug. 12 — Authorizing the C.P.R. to discontinue the operation of certain trains
between McAdam and St. Andrews and McAdam and St. Stephen,
N.B.
95215 Aug. 13 — Permitting the removal of slow order at C.N.R. crossing at D'Arcy
Corners, Quebec, mileage 35.95 Granby Subdivision.
95216 Aug. 13 — In the matter of application of the C.N.R. on behalf of Canadian
Petrofina Limited, for approval of proposed location of facilities
for handling and storage of flammable liquids at Halifax, N.S.
95217 Aug. 13 — Authorizing the Saskatchewan Department of Highways and Trans-
portation to widen Highway No. 15 where it crosses the C.N.R. at
mileage 33.42 Conquest Subdivision.
95218 Aug. 13 — Authorizing the C.N.R. to remove the caretaker at Millstream,
Quebec.
95219 Aug. 13 — Requiring the C.N.R. to install certain protection at the crossing
Porter Cove Road, Ludlow, N.B.
95220 Aug. 13 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 8 near Doaktown Station, N.B.
95221 Aug. 13 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited for approval of the proposed location of additional
facilities for the handling and storage of flammable liquids at
Creelman, Saskatchewan.
95222 Aug. 13 — Permitting the removal of slow order at C.P.R. crossing at Cherry-
wood, Ontario.
95223 Aug. 13 — Requiring the C.N.R. to install certain protection at the crossing
of Belmont Road, Baker Brook, N.B.
95224 Aug. 13 — Permitting the removal of slow order at C.P.R. crossing at mileage
4.0 Keewatin Subdivision, Ontario.
95225 Aug. 13 — Approving under the Maritime Freight Rates Act toils published
in certain tariffs filed by the C.N.R. under Section 3.
95226 Aug. 13 — Authorizing the C.P.R. to remove the station building at Birch Point,
Ontario.
95227 Aug. 13 — Authorizing the C.P.R. to remove the station building at Ancona
Point, Ontario.
95228 Aug. 13 — Authorizing the C.P.R. to remove the station building at Kenstone,
Ontario.
95229 Aug. 13 — Authorizing the C.P.R. to remove the station building at Pleasant
Point, Ontario.
95230 Aug. 13 — In the matter of facilities of Mecca Oil Company for the handling
and storage of flammable liquids at Prescott, Ontario.
95231 Aug. 14 — Authorizing the Ontario Department of Highways to construct
Peterborough By-Pass across the C.N.R. by means of an overhead
bridge at mileage 61.12 Campbellford Subdivision.
95232 Aug. 14 — Approving plan showing location of the diversion of a portion of
Trans Canada Pipe Lines Limited company pipe line in the Town-
ships of Evanturel and Armstrong, Ontario.
95233 Aug. 14 — Authorizing the Township of Lobo to raise the approaches at the
crossing of the C.P.R. in the County of Middlesex, Ontario.
249
95234 Aug. 14 — Authorizing the Ontario Department of Highways to construct
Choates Road across the C.N.R. by means of an overhead bridge
north of the station at Port Hope, Ontario.
95235 Aug. 14 — Authorizing the Township of Amaranth, Ontario to improve the
grades at the crossing of the Highway and the railway of the C.P.R.
at mileage 4.49 Teeswater Subdivision, Ontario.
95236 Aug. 14 — Authorizing the Municipal Corporation of St. Thomas, Quebec to
construct the Highway across the C.P.R. in the Parish of St.
Thomas at mileage 3.10 St. Gabriel Subdivision.
95237 Aug. 14 — In the matter of application of the C.P.R. for an Order extending
the time within which it is required by Order No. 93674 to install
certain protection at the crossing at Horner Avenue, Township of
Etobicoke, Ontario.
95238 Aug. 14 — Approving under the Maritime Freight Rates Act tolls published in
supplement to tariff filed by the Dominion Atlantic Railway Com-
pany under Section 8.
95239 Aug. 14 — Approving under the Maritime Freight Rates Act tolls published in
supplement to tariff filed by the Dominion Atlantic Railway Com-
pany under Section 8.
95240 Aug. 14 — Authorizing the C.N.R. to remove the caretaker and discontinue the
station at Clandeboye, Ontario.
95241 Aug. 14 — In the matter of application of the Ontario Department of Highways
for approval of plans of proposed overhead bridge to carry Highway
No. 11 across the C.N.R. in the Township of Chaff ey, Ontario.
95242 Aug. 14 — Authorizing the C.N.R. to close the existing public crossing of the
railway and the highway in the Township of Humphrey, Ontario.
95243 Aug. 14 — Authorizing the C.P.R. to close the existing public crossing of its
railway and the highway in the Township of Humphrey, Ontario,
at mileage 4.32 Parry Sound Subdivision.
95244 Aug. 14 — Approving operation of C.N.R. trains over siding serving Armco
Drainage and Metal Products of Canada Limited Guelph, Ontario.
95245 Aug. 14 — Authorizing the Township of Amaranth, Ontario, to improve the
approach grades at the crossing of the highway and the C.P.R. near
Orangeville, Ontario.
95246 Aug. 14 — Requiring the Dominion Atlantic Railway to install certain protec-
tion at the crossing of its railway and highway No. 1 in the Village
of Lawrencetown, N.S.
95247 Aug. 14 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Mission City, B.C., mileage 86.8
Cascade Subdivision.
95248 Aug. 14 — In the matter of facilities of Trinidad Leaseholds (Canada) Ltd.,
for the handling and storage of flammable liquids at Kitchener,
Ontario.
95249 Aug. 14 — In the matter of the facilities of the B.C. Power Commission for the
handling and storage of flammable liquids at Lake Windemere, B.C.
95250 Aug. 14 — Authorizing the Township of Amaranth, Ontario, to improve the
grades at the crossing of the highway and the C.P.R. near Orange-
ville, Ontario.
95251 Aug. 14 — Requiring the C.N.R. to install certain protection at the crossing of
Munroe's Side Road at Beachville, Ontario.
95252 Aug. 14 — In the matter of facilities of Trinidad Leaseholds (Canada) Ltd.,
for the handling and storage of flammable liquids at Ayr, Ontario.
95253 Aug. 14 — In the matter of the application of the C.P.R. on behalf of Assamera
Oil Company for permission to load crude oil into tank cars from
tank trucks at Barons, Alberta.
95254 Aug. 14 — In the matter of facilities of the British American Oil Company,
Ltd., for the handling and storage of flammable liquids at Blue
River. B.C.
250
95255 Aug. 14 — In the matter of facilities of Imperial Oil Ltd., for the handling and
storage of flammable liquids at D'Arcy, Saskatchewan.
95256 Aug. 14 — In the matter of the facilities of Canadian Delhi Oil Limited for
loading crude oil into tank cars from tank trucks at Gull Lake,
Saskatchewan.
95257 Aug. 14 — In the matter of the application of Provo Gas Producers Limited
for an Order extending the time within which they are permitted to
load crude oil into tank cars from tank trucks at Hughenden, Alberta.
95258 Aug. 15 — In the matter of facilities of Canadian Durex Abrasives Limited
for the handling and storage of flammable liquids in the Township
of Brantford, Ontario.
95259 Aug. 15 — Authorizing the C.N.R. to close the crossing of their railway and
the surveyed road in Sections 30 and 31, Township 52, Range 24,
West 3rd Meridian, Saskatchewan.
95260 Aug. 15 — Authorizing the Alberta Department of Highways to construct the
highway across the Northern Alberta Railways Company at mileage
78.25 Lac la Biche Subdivision, Ontario.
95261 Aug. 15 — Authorizing the B.C. Power Commission to construct a power line
over the company pipe line of Westcoast Transmission Company
Ltd., Cariboo Land District, B.C.
95262 Aug. 15 — Authorizing the Trans-Canada Pipe Lines Limited to construct its
pipe line under the Poplar Rapids River, Township of Haggart,
Ontario.
95263 Aug. 15 — Authorizing the C.N.R. to remove the caretaker at Mitchell,
Quebec.
95264 Aug. 15 — Permitting the removal of slow order at C.N.R. crossing west of the
station at St. Norbert, Quebec.
95265 Aug. 15 — Authorizing Trans-Canada Pipe Lines Limited to construct its pipe
line across the Lily River District of Cochrane, Ontario.
95266 Aug. 15 — Releiving the C.P.R. from erecting fences along certain portions of
its Wetaskiwin Subdivision, Alberta.
95267 Aug. 15 — Authorizing Saskatchewan Department of Highways and Trans-
portation to widen highway No. 14 where it crosses the C.P.R. in
Section 18, Township 35, Range 1, West 3rd Meridian and Section 13,
Township 35, Range 2, West 3rd Meridian, Saskatchewan.
95268 Aug. 15 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line under Crooked Creek in the Township of Marquis,
Ontario.
95269 Aug. 15 — Authorizing Trans-Northern Pipe Line Company to open for trans-
portation of petroleum products that portion of its company pipe
line which was authorized to be relocated by Order No. 94547
Township of East York, Ontario.
95270 Aug. 15 — Approving plan showing deviation of a portion of Trans-Canada
Pipe Lines Limited company pipe line in the Township of Lyman,
Ontario.
95271 Aug. 15 — Approving yard facilities proposed to be constructed by the C.N.R.
at Corner Brook, Newfoundland.
95272 Aug. 15 — Authorizing the C.N.R. to make changes to the automatic inter-
locker at the crossing of their railway and the C.P.R. at mileage 2.3
Wilkie Subdivision, and mileage 4.8 Govel Subdivision, of the C.N.R.
95273 Aug. 18 — Authorizing Interprovincial Pipe Line Company to open for the
transportation of oil a section of its company pipe line from a point
on the south side of LaSalle Road, Township of Moore County of
Lambton, Ontario where the LaSalle Road is intersected by southerly
extension of the easterly boundary of property owned by the Sun
Oil Company Limited in Lot c, Range 7, Registered Plan 122, in the
City of Sarnia, Ontario.
95274 Aug. 18 — Authorizing the C.P.R. to remove the station building at Les Gres,
Quebec, mileage 14.5 St. Maurice Valley Subdivision.
251
95275 Aug. 18 — In the matter of the application of The Bell Telephone Company
of Canada, hereinafter called the "Applicant", under section 353
of the Railway Act, for approval of certain terms and conditions
in its proposed form of contract.
95276 Aug. 19— In the matter of Order No. 66692, dated November 16, 1945,
respecting facilities of Shell Oil Company of British Columbia,
Limited for the handling and storage of flammable liquids at Golden,
British Columbia.
95277 Aug. 19 — In the matter of the application of C.N.R. on behalf of Gibson
Petroleum Company Limited for approval of proposed facilities for
loading tank cars with crude petroleum directly from tank trucks at
Pollockville, Alberta, mileage 39.3 Sheerness Subdivision.
95278 Aug. 19 — In the matter of Order No. 84379, dated August 19, 1954, respecting
facilities of R.C.A. Victor Company Limited for the handling of
Class II (Bunker "C" Oil) at Prescott, Ontario.
95279 Aug. 19— In the matter of Orders Nos. 73099, dated September 19, 1949 and
86576, dated July 15, 1955, respecting facilities of the British Ameri-
can Oil Company Limited for the handling and storage of flammable
liquids at Brockville, Ontario.
95280 Aug. 19 — In the matter of the application of the Canadian Pacific Railway
Company for authority to remove the station building at Lochaber,
Quebec, mileage 94.0 Lachute Subdivision.
95281 Aug. 19 — Authorizing the C.P.R. to remove station building at Cabane Ronde,
Quebec.
95282 Aug. 19— In the matter of Order No. 63885, dated August 17, 1943, respecting
facilities of Canadian Oil Companies Limited for the handling and
storage of flammable liquids at Hamilton, Ontario.
95283 Aug. 19 — Authorizing the Quebec Department of Roads to construct highway
across C.P.R. by means of subways at mileage 40.92 and mileage 41.01
Adirondack Subdivision.
95284 Aug. 19 — Permitting the removal of slow order at C.P.R. crossing of Leiges
Street, Montreal, Quebec.
95285 Aug. 19 — Approving under the Maritimes Freight Rates Act tolls published
in tariffs filed by the Canadian Freight Association under sections
3 and 8.
95286 Aug. 19 — Approving Alternate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and The Public Utilities Com-
mission of the City of Port Arthur.
95287 Aug. 19 — Approving Alternate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and The Billings Mutual Tele-
phone Company Limited.
95288 Aug. 19 — Approving Alternate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and The Dawson Township
Amalgamated Telephone Company Limited.
95289 Aug. 19 — Approving Alternate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and The West Campbell and
Mills Telephone Company Limited.
95290 Aug. 20 — Approving Alernate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and The Ivy Thornto Tele-
phone Company Limited.
95291 Aug. 20 — Approving Alternate Appendix "B" traffic agreement between The
Bell Telephone Company of Canada and La Compagnie de Tele-
phone de St-Henri de Mascouche Limitee.
95292 Aug. 20— Approving revised Appendix "A" and Alternate Appendix "B"
between The Bell Telephone Company of Canada and The Corpora-
tion of the Township of Rochester.
95293 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B"
traffic agreement between The Bell Telephone Company of Canada
and the Telephone System of the Municipality of the Township of
Flos.
252
95294 Aug. 20 — Approving Supplement No. 3 to Service Station Contract between
The Bell Telephone Company of Canada and The Commissioners
for the Telephone System of the Municipality of the Township of
Chinguacousy.
95295 Aug. 20 — Approving Supplement No. 2 to traffic agreement between The
Bell Telephone Company of Canada and the South Monaglian
Municipal Telephone System.
95296 Aug. 20 — Approving Alternate Appendix "B" to traffic agreement between
The Bell Telephone Company of Canada and The Robinson Rural
Telephone Company Limited.
95297 Aug. 20 — Authorizing the C.N.R. to operate under the overhead bridge in the
Township of East Oxford, Ontario, mileage 43.07, Dundas Subdivision.
95298 Aug. 20 — Authorizing the C.P.R. to construct an extension of its siding across
road allowance at mileage 28.67, Carberry Subdivision, Manitoba.
95299 Aug. 20 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the Dominion Atlantic Railv/ay Company under
Section 8.
95300 Aug. 20 — In the matter of the application of the Department of Roads of the
Province of Quebec for an Order authorizing the installation of auto-
matic protection at the crossing of the C.N.R. and First Street
(Grande Ligne) in the County of St. Jean, Province of Quebec,
mileage 31.45 Rouses Point Subdivision.
95301 Aug. 20 — Approving Supplement to traffic agreement between The Bell
Telephone Company of Canada and The Alnwick Rural Telephone
Company Limited.
95302 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement between The Bell Telephone Company of Canada
and The Corporation of the Town of Dryden.
95303 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement between The Bell Telephone Company of Canada
and the Corporation of the Township of Caledon.
95304 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic Agreement between The Bell Telephone Company of Canada
and the Muskoka and Parry Sound Telephone Company Limited.
95305 Aug. 20 — Approving Alternate Appendix "B" to traffic agreement between
The Bell Telephone Company of Canada and The Oakwood Tele-
phone Company Limited.
95306 Aug. 20 — Approving Alternate Appendix "B" to traffic agreement between
The Bell Telephone Company of Canada and La Compagnie de
Telephone du Canton de Dudswell.
95307 Aug. 20 — Approving Supplement No. 2 to traffic agreement between The Bell
Telephone Company of Canada and the Orono Telephone Company
Limited.
95308 Aug. 20 — Approving Alternate Appendix "B" to traffic agreement between
The Bell Telephone Company of Canada and Le Telephone Local
de Garthby.
95309 Aug. 20 — Approving Alternate Appendix "B" to traffic agreement between
The Bell Telephone Company of Canada and The Commissioners
for the Telephone System of the Municipality of the Township of
Wilmot.
95310 Aug. 20- -Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement between The Bell Telephone Company of Canada
and Southwold and Dunwich Telephone Association Limited.
95311 Aug. 20— In the matter of the application of the C.N.R. on behalf of Canadian
Pratt and Whitney Aircraft Company for approval of the proposed
location of facilities for the handling and storage of Class I
flammable liquids at Longueuil, Quebec, mileage 3.9 Sorel
Subdivision.
253
95312 Aug. 20 — Authorizing the C.N.R. to reconstruct the grade separation at Jasper,
Alberta, at mileage 104.9 Brule Subdivision.
95313 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement between The Bell Telephone Company of Canada
and the East Luther Telephone System.
95314 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement betv/een The Bell Telephone Company of Canada
and Hurontario Telephones Limited.
95315 Aug. 20 — In the matter of the application of the Town of Rimouski for
approval of crossing of C.N.R. at mileage 17.01, Rimouski Sub-
division, Quebec.
95316 Aug. 20 — Requiring C.N.R. to install certain protection at the crossing of
Highway No. 10, Village of Bic, Quebec.
95317 Aug. 20 — Authorizing the C.P.R. to construct an extension to its siding across
the road allowance at mileage 30.15 Carberry Subdivision, Manitoba.
95318 Aug. 20 — Authorizing the C.P.R. to construct an extension of its passing
track across the road allowance at Westbourne, Manitoba, mileage
16.24, Minnedosa Subdivision.
95319 Aug. 20 — Approving revised Appendix "A" and Alternate Appendix "B" to
traffic agreement between The Bell Telephone Company of Canada
and the Commissioners for the Telephone System of the Municipality
of the Township of Wellesley.
95320 Aug. 20 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under section 3.
95321 Aug. 21 — Authorizing the C.N.R. to remove the caretaker at Tobin, Quebec.
95322 Aug. 21 — Permitting the removal of slow order at C.P.R. crossing near Walker-
ton, Ontario, mileage 32.85 Walkerton Subdivision.
95323 Aug. 21 — Permitting the removal of slow order at C.N.R. north of. station at
Listowel, Ontario.
95324 Aug. 21 — Authorizing the C.P.R. to construct an extension of its siding at the
road allowance at Mileage 14.66 Carberry Subdivision, Manitoba.
95325 Aug. 21 — Permitting the removal of slow order at C.P.R. crossing and
Stevenson Road, Oshawa, Ontario.
95326 Aug. 21 — Authorizing the C.P.R. to construct an extension of its siding at
mileage 15.80 Carberry Subdivision, Manitoba.
95327 Aug. 21 — Authorizing the C.N.R. to discontinue as an agency their station at
Stoney Beach, Saskatchewan.
95328 Aug. 21 — In the matter of Order No. 55807, dated April 21, 1958, respecting
facilities of Patron Oil Company for the handling and storage of
flammable liquids at Piapot, Saskatchewan, mileage 67.1 Maple
Creek Subdivision.
95329 Aug. 21 — Authorizing the Manitoba Department of Public Works to widen
provincial Highway No. 83 where it crosses C.P.R. at mileage 31.01,
Lyleton Subdivision.
95330 Aug. 21 — Approving Appendix "A" and Alternate "B" to traffic agreement
between The Bell Telephone Company of Canada and the Com-
missioners for the Telephone System of the Municipality of the
Township of Howick.
95331 Aug. 21 — Approving revised Appendix "A" and Supplement No. 1 to traffic
agreement between The Bell Telephone Company of Canada and
La Compagnie de Telephone de St-Jude.
95332 Aug. 21 — Authorizing the Consumers' Gas Company to construct a gas main
under the company pipe line of the Trans Canada Pipe Lines
Limited in the Township of Vespra, Ontario.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
Cfje 2Boarb of
Cranfiport Commi££toner£ for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, OCTOBER 1, 1958 No. 13
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
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The use of currency for this purpose is contrary to the advice of the postal authorities and
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mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
Application of The Bell Telephone Company of Canada for approval of rates
for extended area telephone service between its Montreal exchange and
certain exchanges in the area surrounding Montreal, P.Q.
File C. 955. 170.4
JUDGMENT
3y the Board:
By application dated April 28, 1958, The Bell Telephone Company of
Canada, hereinafter referred to as the Company, submitted for approval a
)lan of extended area service designed to widen the scope of local calling
)rivileges available to its customers in certain existing exchanges in the
Montreal area and in two new exchanges, Laval and St-Constant, to be
•stablished in 1958 and 1959 respectively. The adoption of the Company's
)roposed plan is contingent upon revised tolls for the new service and it is
uch tolls which the Board has to consider in determining this application.
Certain Montreal exchanges are currently included in an extended area
ervice arrangement which went into effect in the latter half of 1951 and was
ubsequently enlarged by the addition of two exchanges in 1955 and two
xchanges in January 1958. By its Judgment of March 6, 1951 (41 J.O.R.
e R. 1; 67 C.R.T.C. 98), the Board approved the Company's initial proposals
)r the provision of extended area service for its Montreal, L'Abord-a-Plouffe,
iachine, Longueuil, Pointe-aux-Trembles, Pont-Viau, Riviere-des-Prairies,
't-Lambert and St-Vincent-de-Paul exchanges. Subsequently, the Board
pproved extended area arrangements for the Laprairie exchange (March 12,
954, 44 J.O.R. & R. 33; 71 C.R.T.C. 318); the Boucherville exchange (August
3, 1954, 44 J.O.R. & R. 228; 71 C.R.T.C. 319); and the Roxboro exchange
October 15, 1957, 47 J.O.R. & R. 289; 76 C.R.T.C. 128).
Before proceeding to outline the substance of the present application, a
ascription of such extended area service arrangements follows.
At present, Montreal extended area service embraces the Montreal exchange
id the twelve immediately surrounding exchanges of Boucherville, L'Abord-
-Plouffe, Lachine, Laprairie, Longueuil, Pointe-aux-Trembles, Pont-Viau,
255
62605-1—1
256
Riviere-des-Prairies, Roxboro, Ste-Dorothee, St-Lambert and St-Vincent-de-
Paul. These twelve surrounding exchanges are popularly described as "first
fringe exchanges" and are designated as "Group A exchanges" in the present
application. No long-distance charges apply on calls between Montreal and
a Group A exchange, but the local service area of each Group A exchange
includes only certain contiguous exchanges in addition to the Montreal ex-
change (see Section 1 of Appendix "A" to this Judgment). All Group A
exchanges are assigned to rate Group 10, as is Montreal, and are assessed the
rates and charges applicable to that Group.
Surrounding and abutting on the Group "A" exchanges are the following
nine exchanges, termed "second fringe exchanges" or "Group B exchanges":
Chambly, Chateauguay, Pointe-Claire, St-Bruno, Ste-Genevieve-de-Pierrefonds,
St-Philippe, Ste-Rose, Terrebonne and Varennes. None of these exchanges at
present includes the Montreal exchange in its local service area, although
four of them do have extended area service with certain contiguous exchanges
(see Section 2 of Appendix "A" hereto). These Group B exchanges are
currently assigned to their appropriate rate groups, ranging from Group 2 to
Group 5, according to the total number of telephones interconnected within
each exchange or local service area.
The extended area service plan now before us proposes to accord to
Group B exchanges the same calling privileges with the Montreal exchange
as the Group A exchanges. In addition, the local service areas of both the
Group A and Group B exchanges will be enlarged to include certain neighbour-
ing exchanges described in Appendix "A" hereto, with a consequent elimina-
tion of long-distance charges within the enlarged service areas.
Prior to the introduction of the proposed plan, a new Group B exchange
will be established in Laval to serve the territory on He Jesus now served by
the St-Eustache exchange. The other portion of the St-Eustache exchange,
situated on the mainland north-west of Laval, will not be included in the plan
but will have extended area service with the new Laval exchange. In the
territory now served by the Laprairie exchange (a Group A exchange), a
new Group A exchange will be established at St-Constant at the time of
introduction of the proposed plan.
The matter of extended area services in metropolitan areas, which the
Company proposed to establish in the cities of Toronto, Montreal, Quebec
Ottawa, Hamilton and Windsor, was first considered by the Board in its 1950
Judgment dealing with increased telephone rates for the Company (40 J.O.R.
& R., Issue No. 17-A; 67 C.R.T.C. 1). In that Judgment we said:
"The Metropolitan plan contemplates projecting into suburban areas
the facility of free calling from the suburban area to the related urban
area, such as from the Weston, Willowdale or Agincourt areas to the
Toronto exchange area. Conversely the Toronto base rate area subscribers
would have free calling to subscribers in the adjoining suburban areas
A further feature of the plan is that suburban subscribers would have
free calling privileges with adjoining suburban exchanges, such as Westor
may call Islington or Willowdale, but would incur toll charges if calling
non-adjoining suburban exchanges.
"Introduction of the metropolitan plan carries with it payment o
exchange rates at the level of those applicable to the urban exchange
That is, the Weston subscriber would pay the same rate as Toronto. Th<
plan thus contemplates adding the total telephones of the suburban ex
changes to the total of the urban exchange and the grand total thu
257
obtained establishes the exchange rate for the metropolitan group. Metro-
politan service is to be non-optional and Mr. Hambly stated that no
opposition had yet appeared to it, but if it were opposed it would require
re-study of all requirements.
"Mr. Hambly also stated that the plan would supersede optional
suburban zone service; foreign exchange service, and extended area
service; that the trend is for a greater proportion of people working in
large centres to move their residence to suburban areas, but have social
and economic need to retain contact with the city; that a number of
suburban customers now pay charges in excess of city rates and many
restrict calls to and from the city on account of the necessity of paying
toll charges.
"While it appears that considerable benefits would result from the
adoption of the Metropolitan plan, it must be noted that it was not proposed
to solicit the views of the subscribers concerned on their acceptance.
Page 11 of Exhibit 122 shows that a substantial growth in demand for
suburban zone service, and foreign exchange service, has occurred since
1939 in the Toronto, Montreal, and Quebec areas, and similarly with
extended local service in the Ottawa area.
"Pages 14 and 17 of Exhibit 122 shows the percentage of total sub-
urban subscribers whose charges exceed city rates, under both the present
and proposed rates. These percentages are as follows:
Metropolitan Date of Percent of total suburban
Area Study Present Proposed
Toronto Mar. 1948 49.3 45.9
Montreal Nov. 1948 47.4 43.9
Ottawa Mar. 1949 54.2 50.0
Hamilton Jun. 1949 28.6 36.3
Quebec Apr. 1949 26.0 17.4
Windsor Apr. 1949 52.6 48.2
"Requests have been made to the Board from time to time, to direct
the Company to extend urban, service into suburban areas, or to modify
charges for foreign exchange service. Reference to recent cases is as
follows:
"Quebec-Montmorency Chamber of Commerce v. Bell Telephone Co.,
46 C.R.C. 203; Town of Weston v. Bell Telephone Co., 48 C.R.C. 145; Town
of Mimico v. Bell Telephone Co., 48 C.R.C. 180; Township of Etobicoke v.
Bell Telephone Co., 48 C.R.C. 222; Jas. F. Phillips v. Bell Telephone Co.,
52 C.R.T.C. 49; Miss Sophie Kohen v. Bell Telephone Co., 52 C.R.T.C. 3;
Municipality of St. Dunstan v. Bell Telephone Co., 62 C.R.T.C. 188.
"The Etobicoke and Mimico cases, supra, were applications seeking
telephone service as part of the City of Toronto. In the Mimico case we
pointed out that the extension of the urban rates would have been beneficial
to only 211 subscribers, and that 688 subscribers would be compelled
to pay increased charges; in the aggregate the reductions were less than
the increases. We also commented therein that the Board was without
power to direct the Company to extend its Toronto base rate area to
include Mimico, but that we had the power and jurisdiction to deal with
62605-1—2
258
all questions of unreasonableness or unjust discrimination in respect of
telephone tolls resulting from the establishment, redivision and readjust-
ment of base rate boundaries.
'The Metropolitan plan now proposed is, in effect, an extension of the
base rate boundaries of the urban exchange. It affords to those situated
within the city areas a completely extended service to and from the
suburban areas, but it will result in substantial increase in the local rates
of the suburban exchanges, which would directly affect those who require
only the local service provided by the suburban exchange.
"The percentage of total suburban subscribers who would benefit from
the introduction of metropolitan service is quite low. I do not think it is
appropriate for the Board to consider approving the proposed rate basis
for these suburban zones without some indication showing that a sub-
stantial majority of the suburban subscribers are agreable to the introduc-
tion of the plan. I am also not convinced that the restriction of free
calling by the suburban subscribers, under the proposed plan, to adjoining
exchanges does not contain an element of unjust discrimination. These
subscribers would be compelled to pay the same rate as applicable in the
urban area, but the subscribers in the latter area would have the privilege
of free calling throughout the entire metropolitan area.
"I realize that suburban subscribers who now pay extended rate zone
charges would benefit by the plan, but until the objections I have set out
above have been dealt with, I do not think the Board should, at this time,
give its approval to the metropolitan rate basis as proposed."
Following this decision, the Company took steps to ascertain the wishes
of its Montreal suburban customers by means of a plebiscite, the results of
which satisfied the Board that the metropolitan plan, now designated as "ex-
tended area service", was acceptable to the majority. In approving the initial
plan for the Montreal area, the Board also gave consideration to the question
of possible unjust discrimination, referred to in the foregoing citation, and said
(March 6, 1951, 41 J.O.R. & R. 1; 67 C.R.T.C. 98):
"The Board has also given consideration to the differences set out
in our previous decision which result from the application of the plan.
These differences are relatively small and occur only with respect to calling
from a suburban exchange to a non-adjacent suburban exchange. Due
to technical and physical features, it has been fully demonstrated to us
that free calling throughout the entire area cannot be accorded and there-
fore it has been made manifestly clear that inter-urban calling between
non-adjacent suburban exchanges involves circumstances and conditions
not existing elsewhere in the area. For these reasons we do not consider
the difference in treatment amounts to unjust discrimination."
Subsequently, the Board approved the extension of the plan to four
additional Group A exchanges where similar plebiscites had shown similarly
favourable results.
Since the establishment of the Montreal extended area service plan in
response to the demonstrated community of interest between Montreal exchange
customers and those in the Group A exchanges, there has been a substantial
growth, both in population and in telephones in service, not only in the
Montreal and Group A exchanges, but also in the surrounding territory com-
259
'ng the Group B exchanges. The Company's application includes the
wing statement as evidence of this growth:
changes Population Telephones
1955 1958* % Increase 1955 1958* % Increase
lontreal. . . 1,362,000 1,439,000 5.7 522,295 651,004 24.6
[roup A
Exchanges. . 222,000 298,000 34.3 56,374 88,980 57.8
roup B
Exchanges
77,000 105,000 36.3 15,852 29,336 85.1
* As at December 31st., Estimated.
This expansion of the suburban areas surrounding Montreal has brought
out a substantial community of interest between the Montreal exchange
tomers and those in the Group B exchanges, and between customers in
rtain Group A and Group B exchanges, which the Company states is demon-
ated by the following summary of the estimated annual volume of long
stance calls which would be eliminated under its proposed plan:
Calls for which a long distance
charge applies
^itween Montreal and Group B
exchanges
^tween the Group A exchanges
not now in the same local
calling area
1 'tween the Group A and Group B
exchanges proposed to be given
interchange of calling without
a toll charge
Itween the Group B exchanges
proposed to be given inter-
change of calling without a toll
charge
Total
Based on estimated
Based on telephones number of telephones
in service in
January, 1957
4,358,000
227,000
741,000
141,000
5,467,000
in service in
December , 1958
5,038,000
295,000
977,000
193,000
6,503,000
By discontinuing present long distance and foreign exchange service
t ween the exchanges involved in the plan and furnishing the additional equip-
rnt required for the extended area service, the Company estimates that it
v 1 incur an annual loss of revenue amounting to $1,926,000. This would be
P'tly offset by an annual reduction of about $400,000 in the expense of timing,
r ording and billing the long distance calls which would be eliminated,
r ucing the annual revenue loss to $1,526,000. If the Company were to apply
62605-1— 2i
260
to the Group B exchanges merely the same rates as those currently applicabl
in the Montreal and Group A exchanges, the resulting revenue increase c
$519,000 annually would still leave a net annual revenue loss of $1,007,00(
It is proposed to recoup most of this deficiency in revenue by increasing th
Montreal exchange rates, currently applied to the Montreal exchange and t
the Group A exchanges, by the following amounts:
(a) 10 cents per month for residence main telephones and residence P.B.}
trunk lines;
(b) 25 cents per month for business main telephones and business P.BJ
trunk lines; and
(c) 1 cent per day in the daily guarantee of local message revenue f<
semi-public main telephones and P.B.X. trunk lines.
In addition to such increased Montreal rates, customers in Group B ei
changes are to be charged the following amounts:
(a) 50 cents per month for residence main telephones and residence P.B.]
trunk lines;
(b) $1.00 per month for business main telephones and business P.B.."
trunk lines;
(c) 3 cents per day in the daily guarantee of local message revenue f
semi-public main telephones; and
(d) 5 cents per day in the daily guarantee of local message revenue f
semi-public P.B.X. trunk lines.
The effect of the changes in rates under the proposed plan is illustrated r.
the following comparison of present and proposed rates for individual li!
service in each of the exchanges involved:
Business Residence
Present Proposed Present Proposed
Exchanges
Montreal
Group A exchanges:
Boucherville
L'Abord-a-Plouffe .
Lachine
Laprairie
Longueuil
Pointe-aux-Trembles
Pont-Viau
Riviere-des-Prairies
Roxboro
St-Constant (a) . . .
Ste-Dorothee
St-Lambert
St- Vincent-de-Paul
(a) New exchange — Now served from LAPRAIRIE exchange.
I
$14.35 $14.60 $ 5.35. $ 5.45
261
Business Residence
Present
Proposed
Present
Proposec
Jroup B exchanges:
V* d TV1 V\l XT i
"* Vl O f 1 1 CTl 1 £5 \7 r
fi 5fl
1 5 fifl
5 95
7 40
1 5 fifl
4- T3 r»i inn
^ ?fl
1 5 fifl
? ?fl
5 95
Ite-Genevieve-de-Pierrefonds
5.85
15.60
3.45
5.95
t-Philippe
6.50
15.60
3.65
5.95
7.40
15.60
3.90
5.95
errebonne
5.85
15.60
3.45
5.95
arennes
5.30
15.60
3.30
5.95
(b) New exchange — Now served from ST-EUSTACHE exchange.
The Company states that the increased rates and charges it proposes for
le new extended area service plan would equitably apportion that part of
le annual revenue deficiency it seeks to recover ($1,007,000.) among the
istomers involved on the basis of the value of the proposed service to them.
i apportioning this revenue deficiency, the Company has taken into account
le special circumstances and conditions that would come into existence with
ie extension of Montreal local service calling to include the Group B ex-
mnges; these would include not only the provision of special facilities to
indie local calls over distances normally reached by long distance service,
it also the provision of such facilities in sufficient quantity to handle the
astly increased number of calls which would result from the provision of
is service on a monthly-rate basis.
The Company contends that it is principally its customers in the Group B
xhanges who are seeking the proposed extension of service and who will
'rive the greatest benefits therefrom. Many of these Group B customers
ould also enjoy a saving in their overall telephone costs, because they would
iy less under the proposed rates than they are now paying for the combined
tal of their present local service and long distance calls to Montreal. In
dition, they would have the advantage of the proposed monthly rate service
tabling them to call Montreal on a local basis.
The proposed plan is designed as an integrated whole and the Company
:ites that it can be implemented only if the Montreal exchange and all the
• changes in Groups A and B are included. Consequently, it is contingent
i'on general acceptance of the plan and of the rates proposed thereunder.
1 its application, the Company has stated that it will oppose any proposal to
tend the scope of the present plan and that it reserves the right to withdraw
w plan if, in its judgment, opposition to it warrants its doing so.
Except for geographical location and conditions, the Company's proposal
i substantially similar in respect to service arrangements, and identical in
i>pect to rates, to the extended area service plan authorized by the Board
i its Judgment of January 31, 1955 (45 J.O.R. & R. 1; 72 C.R.T.C. 112), for
t? Toronto exchange and its first and second fringe exchanges.
Before filing its formal application for approval of the new extended area
5 vice plan for the Montreal area, the Company sought and obtained a pro-
Monal discussion with the Board which took place on September 13, 1957.
I was decided at that time that the widest possible publicity should be given
t the Company's proposal by means of newspaper advertising and by direct
a vice to the customers affected thereby.
262
Announcement of the plan, with descriptive details, was published in th
English-language and in the French-language daily newspapers in Montrec
on October 3, 1957, and in the local community newspapers of October 3rc
4th, 5th, 9th and 10th. These newspapers cover the entire area embraced b
the plan and their combined total circulation is said to be 1,103,656 copie:
Each of the 466,488 customers of the Montreal and Group A exchanges receive
direct notice of the plan and the 18,681 customers of the Group B exchange
were each sent a special circular letter giving complete details of the plan s
it would affect them.
Each advertisement, notice or special circular letter, contained in accorc
ance with our directions, a notice to the effect that any representations coi
cerning the Company's proposals were to be sent to us not later than Novemb*
15, 1957. Copies of the Company's formal application of April 28, 1958 wei
also served upon each of the 93 municipalities throughout the area affectei
with a notice that any answer to such formal application was to be maile
or delivered to us within 20 days after such service.
In response to the October 1957 announcements of the Company's propose
plan, 180 communications were received from individuals, businesses, associa-
tions or municipalities and similar bodies. Of this number, 150 or 83.3 (
expressed unqualified approval of the Company's plan; 4 or 2.2% expresse
qualified approval; 24 or 13.3% expressed opposition to the plan; and 2 or 1.1 «
were neutral. Those expressing qualified approval directed their criticisn
mainly to the extra charge over the Montreal exchange rates proposed by tl
Company. The opinions in opposition to the plan may be summarized
follows: "Local residential telephone costs too much"; "Those who use loi
distance should pay for it"; "Only a means of getting an additional increa
in rates"; "Why should Montreal subscribers absorb costs for a service whi<
will benefit suburbs more?"; "Bell will keep on extending exchange areas i
infinitum"; "Considerably higher cost compared with long distance calls made
"Pointe Claire subscribers will still not be able to call as many exchanges
Montreal subscribers"; "Extra 60-cent charge to outlying exchanges is discrim
natory"; "See no reason why I should bear heavier expense to accommoda
a service of no use to me"; "Satisfied with present arrangements"; "Do n
make any outside calls"; "Take no action without a referendum". Of t)
24 representations against the proposed plan, 15 came from the Montre
exchange which has 412,500 customers, none came from the Group A exchang
which have 54,000 customers and 9 came from the Group B exchanges whi
have 18,000 customers.
Five submissions were received from municipalities, following the filing
the Company's formal application of April 28, 1958. None of these submissio
expressed opposition to the plan. The Town of Pointe-Claire stated that
does not desire to oppose the plan; the Town of Mackayville stated that it ful
approves the plan and the amended rates; the Town of Beaconsfield stated th
it unanimously endorses the plan, but "opposes the establishment of any rat
in excess of the rates charged to Montreal subscribers for far greater facilitie:
the Town of Candiac approved the plan and added some qualifications whi
were later withdrawn; and the Town of Repentigny, which is not included
the plan, made application to be included within its scope.
As stated above, the plan now before us is substantially similar to tl:
approved for the Toronto exchange and its first and second fringe exchang
on January 31, 1951. In our Judgment approving the Toronto extended an
service plan (45 J.O.R. & R. 1; 72 C.R.T.C. 112), we gave careful considerate
to objections raised concerning the lack of unlimited free calling betwei
non-adjacent suburban exchanges in Groups A and B, as well as to reque>
to extend the scope of the plan even further. In that Judgment we said:
263
"The base rate area of an exchange does not necessarily follow
municipal boundaries. Consideration of geographical location, technical
problems, excessive expense in providing telephone facilities and many
other factors enter into the matter. In the large exchange areas, such as
Toronto, wire centres are created which terminate the line of the sub-
scriber in a central office from which calls are distributed as required by
the customer. In the Toronto exchange there are 34 such central offices.
Each central office must be connected to the other by means of inter-
office channels in sufficient quantity to handle the demands of the entire
exchange customers. These channels are relatively short and therefore
can be effected by facilities of less rigid standards than required for longer
distances.
"Extended Area Service differs with the inter-office service in that
each outlying exchange is connected to the nearest central office in the
urban exchange, from which point service is channelled through the inter-
office facilities from and to the point of connection. To provide unlimited
calling throughout the entire Toronto, Group A and Group B area would
require the establishment of vastly superior inter-office facilities crossing
and criss-crossing the whole area in a vast network of wire and at very
heavy expense. The incidence of calling between non-adjacent suburban
exchanges is very light, yet the facilities to provide unlimited calling
would, of necessity, have to contemplate and provide for very much greater
volume of traffic than is now indicated. Any such provision of complete
calling facilities would be reflected in considerably higher rates than now
proposed.
"Where an industry has located in suburban areas and requires the
complete service, the same is now available to it, but only upon subscribing
to foreign exchange service. By such means, the desired service may be
obtained but the cost thereof is payable only by the one receiving the benefit.
We are of the opinion that the ability to secure foreign exchange service
is sufficient to dispose of this form of complaint.
"What we have said respecting the problems and expense involved in
providing complete service is sufficient to dispose of those opposing the
plan for lack of complete service.
"The objections which go to the failure of the Company to extend the
proposed service even further cannot now be considered. In any scheme
where lines of demarcation must be drawn there arises the problem of
where to strike such line. We have already discussed the problem of
increasing expense involved in long inter-office facilities, the same applies
to lines leading from the exchange or wire centres to the subscribers'
premises. There must be a limit. In the same manner, under existing
conditions, exchanges in areas outside of Group B cannot now be brought
into the proposed plan. Probably, at some future date, the necessity for
a broad plan of third fringe exchanges may develop and will, in turn,
involve questions of how to be met physically and financially."
With respect to the present application, the Company states that the pro-
vision of toll-free calling between all of the Group A and Group B exchanges
in the Montreal extended area service plan would entail the construction of an
adequate number of trunk lines between the central offices of all of the 24
exchanges involved and the installation of the necessary associated equipment.
The loss of toll revenue and the carrying charges on the investment required
to be made to provide such additional facilities would amount to some $700,000
per year, the recovery of which would necessitate still higher rates to all
264
ml
customers in the Group A and Group B exchanges. The Company states
further that it is not prepared to advance such a project and that the traffic
studies it has made demonstrate that the great majority of its Group A and
Group B customers do not require such an extension of service.
None of the municipalities involved in the Company's proposed scheme
have sought such a plan of unlimited toll-free calling and the only objection
received, which refers to this matter, was submitted by the Town of Beacons-
field, located in the Group B Pointe Clair exchange. It does not seek to extend
the proposed calling area, but simply objects, on the premise of a limited
calling area, to the establishment of rates in excess of those charged to Montreal
exchange customers, a matter which will be dealt with later herein.
As to the submission of the Town of Repentigny that it should be included
within the proposed extended area service plan because it is partly located
within the Group B area, the Company points out that such area comprises
only the territories included within its Chambly, Chateauguay, Laval, Pointe
Claire, St-Bruno, Ste-Genevieve-de-Pierrefonds, St-Philippe, Ste-Rose, Terre-
bonne and Varennes exchange areas, and does not include its St-Paul-l'Ermite
exchange area within which the Town of Repentigny is located.
Since the proposed plan involves the elimination of certain toll or long j
distance charges, it became necessary in the interests of equality of treatment
to fix a limit to the extent of the toll-free calling to be provided thereunder.
This limit was set by including those Group B exchanges wherein the standard
long distance charge to and from Montreal was 15 cents for a three-minute
conversation; that is to say, those exchanges whose toll offices or rate centres are
located within 15 air-line miles of the Montreal toll office.
All the long distance calls originated by or destined to customers in the
Town of Repentigny must of necessity be operated and switched at the toll
centre for the St-Paul- l'Ermite exchange, which toll centre is 18 air-miles
distant from the Montreal toll office. The standard long distance charge for
calls between these points is 25 cents for a three-minute conversation and the
inclusion of the Town of Repentigny within the scope of the extended area
service plan would, in order to avoid unjust discrimination or undue or
unreasonable preference, necessarily require the inclusion of all such other
surrounding exchanges as are in similar circumstances and conditions.
An extended area service plan is, in effect, an extension of exchange area
boundaries. We are not charged with any powers under the Railway Act to
fix such boundaries which are matters for managerial discretion involving
technical, geographic and other considerations. Our duty mainly lies with
the rates resulting from the establishment, redivision and readjustment of
such exchange areas and there is no evidence that the limits of exchange
areas under the present plan, and the rates proposed to be applicable there-
under, would bring about any condition of unjust discrimination with respect
to the Town of Repentigny. Obviously, there must be limits set to any plan of
extended area service and, under present conditions, it is not possible to include
therein exchanges lying outside of the second fringe composed of the Group B
exchanges.
Although there are customers who would be satisfied with a telephone
service restricted to the area in which they reside, the wishes of the majority
must prevail in a plan of extended area service, such as the one now proposed
for the Montreal area. In the light of the extensive publicity which has been
given to the Company's proposals and the opportunities which have been
afforded to make any relevant representations to us, all the indications are clear
that a very substantial majority of those affected by the plan are in favour
of its adoption. Out of a total of 485,169 customers in the Company's Montreal,
265
Group A and Group B exchanges, only 24 individuals expressed opposition to
the plan. If the comparison is limited to the Group B exchanges, it is found
that 9 individuals out of a total of 18,681 customers are completely opposed to
the plan.
Following full and careful consideration of all that has been submitted
to us, we are satisfied that the majority of customers affected approve the plan
and are in favour of its adoption. Since the plan is predicated upon the revised
rates hereinbefore described, such approval must necessarily signify acceptance
of such rates. It is with such rates that our decision must principally be
concerned.
The Company's exchanges are classified by ten groups according to the
total number of telephones interconnected within each exchange area and its
local exchange rates are graduated according to the relative sizes of such
groups. The ranges of these groups by total telephone count were last adjusted
in the 1950 revenue case (40 J.O.R. & R., Issue No. 17A; 67 C.R.T.C. 1).
The underlying principles of grouping are those of value of service and
of increased expense associated with a larger exchange area; that is to say,
the greater the range of calling available within an exchange, the greater the
value of service and the higher the charge. The same principles govern the
range of calling afforded by extended area service but there is, in addition,
the factor of increased expense involved in the provision of interconnection
facilities over distances generally greater than those normally obtaining within
a single exchange.
It is evident that there can be no dispute as to the equity of charging the
same rate as the Montreal exchange to exchanges connected therewith and
this was recognized in our approval of extended area service to the Group A
exchanges (41 J.O.R. & R. 1; 67 C.R.T.C. 98). The propriety of assessing
a surcharge over the Montreal exchange rate to Group B exchanges is con-
sidered later herein.
As to the more restricted toll-free calling areas accorded to the Group A
and Group B exchanges, whereby communication between certain non-adjoining
fringe exchanges is assessed long distance tolls, it has been fully demonstrated
to us that the resulting heavy increase in expense attendant upon the provision
of the required facilities would be such as to outweigh any benefit that might
be gained by only a few of the affected customers and would necessitate much
higher rates throughout the entire area than those now proposed. There is,
indeed, no suggestion before us that unlimited calling throughout the whole
area should be furnished to customers in the Group A and Group B exchanges,
but rather that the calling area to be enjoyed by such fringe exchanges does
not justify the imposition of rates higher than those charged to Montreal
exchange customers.
We gave consideration to this matter when approving for the Toronto area
an extended area service plan substantially similar to that now before us and
predicated upon identical rates.
In that Judgment we said (45 J.O.R. & R. 1; 72 C.R.T.C. 112):
"The principle of assessing a surcharge on the Group B exchanges has
been considered and in view of the vastly increased range of calling, the
latter is unquestionably of greatest benefit to the subscribers of these
exchanges. The surcharges are moderate and appear reasonable in all
the prevailing circumstances. An estimate of the toll revenue which will
be lost by the adoption of the extended exchange service for Group B, at
December 1955 is that it would average $3.29 per main telephone per
month, whereas a similar estimate indicates that the increased exchange
62605-1—3
HI
266
revenue would average $2.68 per main telephone per month. On this
premise there is no evidence of unreasonableness in the charges which must
be imposed and which include the surcharge.
"The increase in exchange rates for Toronto and Group A of 10 cents
residence, and 25c business, per month is in recognition that these sub-
scribers stand to gain greatly increased range of service beyond the concept
of the existing exchange rate group basis. No opposition has been voiced
to this small aditional charge and we find that it is reasonable in all the
prevailing circumstances."
As stated earlier in this Judgment, if the Company were to apply to the
Group B exchanges merely the same rates as currently applicable in the
Montreal and Group A exchanges, the resulting revenue increase of $519,000
annually would still leave a net annual revenue loss of $1,007,000. Since
it is the 18,681 customers in the Group B exchanges who would chiefly benefit
by the adoption of the proposed plan, the additional monthly charges of 60
cents per month for residence main telephones, and $1.10 per month for business
main telephones, over current Montreal exchange rates, do not appear unreason-
able in view of this fact. The increase in the exchange rates for Montreal and
its Group A exchanges of 10 cents per month for residence telephones and 25
cents per month for business telephones recognizes the increased range of
calling available to such exchanges under the plan. No opposition thereto was
received from the 53,988 Group A customers and only 15 out of 412,500 Montreal
exchange customers expressed opposition to the plan. In the prevailing
circumstances we find that such increase is reasonable.
It is our conclusion that the Company's proposed plan of extended area
service satisfies all reasonable demands made upon it for an increased range
of service in the Montreal area; that it meets with the general approval of a
very substantial majority of the customers who would be affected by it; and
that we have not found any evidence of unreasonableness or unjust discrimina-
tion in the rates it is proposed to charge under such plan. Our approval is,
accordingly, hereby given to the proposed plan in respect of such rates. It is
estimated by the Company that the plan will require some eleven months to
bring it into operation. Upon filing of the necessary tariff revisions on statutory
notice, publishing the rates herein referred to, an Order will issue granting
formal approval thereof.
C. D. SHEPARD
HUGH WARDROPE
F. M. MacPHERSON
H. B. CHASE
L. J. KNOWLES
Ottawa, Ontario, July 11, 1958.
APPENDIX "A"
MONTREAL EXTENDED AREA TELEPHONE SERVICE
(Present and proposed arrangements)
1. Group "A", or first-fringe exchanges:
Group A
exchange
Exchanges now
included in local
service area
Additional exchanges
proposed to be
included in local
service area
Boucherville
Boucherville, Montreal,
Longueuii
Pointe-aux-Trembles,
Riviere-des-Prairies,
St-Bruno, St-Lambert,
Varennes
L'Abord-a-Plouffe
L'Abord-a-Plouffe,
Montreal, Pont Viau,
Ste-Dorothee
Roxboro, Ste-Rose,
St- Vincent-de-Paul
Lachine
Lachine, Montreal,
Roxboro
Chateauguay, Laprairie,
Pointe Claire,
St-Constant
(new exchange),
Ste-Dorothee
Laprairie
Longueuii
Pointe- aux-Trembles
Laprairie, Montreal,
St-Constant (to be
established as a new
exchange but now
served by Laprairie),
St-Lambert, St-Philippe
Longueuii, Montreal,
Boucherville,
St-Lambert
Pointe-aux-Trembles,
Montreal, Riviere-
des-Prairies
Chambly, Lachine,
Longueuii
Laprairie, Pointe-aux-
Trembles, St-Bruno
Boucherville, Longueuii,
St-Vincent-de-Paul,
Varennes
Pont Viau
Riviere-des-Prairies
Pont Viau, Montreal,
L'Abord-a-Plouffe,
St-Vincent-de-Paul
Riviere-des-Prairies,
Montreal, Pointe-aux-
Trembles, St-Vincent-
de-Paul
Riviere-des-Prairies,
Ste-Dorothee, Ste-Rose
Boucherville, Pont Viau,
Terrebonne
Roxboro
Roxboro, Montreal,
Lachine, Ste-Dorothee,
Ste-Genevieve de
Pierrefonds
L'Abord-a-Plouffe, Pointe
Claire, St-Constant
(new exchange)
62605-1— 3£
267
268
St-Constant (not yet Montreal, Laprairie,
an exchange; now
served from
Laprairie)
Ste-Dorothee
St-Lambert
St-Vincent-de-Paul
St-Lambert,
St-Philippe
Ste-Dorothee, Montreal,
L'Abord-a-Plouffe,
Roxboro
St-Lambert, Montreal,
Laprairie (including the
part to be established as
the new St-Constant ex-
change), Longueuil
St-Vincent-de-Paul,
Montreal, Pont-Viau,
Riviere-des-Prairies
Lachine, Roxboro
Lachine, Laval (new
exchange), Pont-Viau,
Ste-Genevieve-de-
Pierrefonds, Ste-Rose
Boucherville, Chambly,
St-Bruno
L'Abord-a-Plouffe, Pointe-
aux-Trembles, Ste-Rose
Terrebonne
2. Group "B", or second-fringe exchanges:
Group B
exchange
Chambly
Chateauguay
Laval (not yet an
exchange; now
served from St-
Eustache)
Pointe-Claire
St-Bruno
Ste-Genevieve-de-
Pierrefonds
St-Philippe
Exchanges now
included in local
service area
Chambly
Chateauguay
St-Eustache
Pointe-Claire,
St-Bruno
Ste-Genevieve-de-
Pierrefonds, Roxboro
St-Philippe, Laprairie
(including territory
to be served by new
St-Constant exchange)
Additional exchanges
proposed to be
included in local
service area
Montreal, Laprairie,
St-Bruno, St-Lambert,
St-Philippe
Montreal, Lachine,
Pointe-Claire
Montreal, Ste-Dorothee,
Ste-Genevieve de
Pierrefonds, Ste-Rose
Montreal, Chateauguay,
Lachine, Roxboro,
Ste-Genevieve-de-
Pierrefonds
Montreal, Boucherville,
Chambly, Longueuil,
St-Lambert
Montreal, Laval, Pointe-
Claire, Ste-Dorothee
Montreal, Chambly
269
Ste-Rose, Ste-Therese
Terrebonne, Terrebonne
Heights
Varennes
Montreal, L'Abord-a-
Plouffe, Laval
(new exchange),
Pont-Viau, Ste-
Dorothee, St-Vincent-
de-Paul, Terrebonne
Montreal, Riviere-des-
Prairies, Ste-Rose,
St-Vincent-de-Paul
Montreal, Boucherville,
Pointe-aux -Trembles.
(Traduction)
COMMISSION DES TRANSPORTS DU CANADA
Requete de la Compagnie de telephone Bell du Canada relative a I'approbation
des tarifs applicables au service telephonique de secteur etendu entre son
central de Montreal et certains centraux de la region environnant
Montreal (P.Q.)
Dossier C. 955. 170.4
JUGEMENT
Par la Commission:
Dans une requete en date du 28 avril 1958, la Compagnie de telephone Bell
du Canada, denommee ci-apres "Compagnie", a soumis a I'approbation un
pro jet de service de secteur etendu visant a augmenter le rayon de communica-
tion locale des abonnes de certains centraux existants de la region de Montreal
et de deux nouveaux centraux, Laval et Saint-Constant, devant etre etablis
respectivement en 1958 et 1959. L'adoption du projet par la Compagnie se
subordonne aux tarifs revises applicables au nouveau service et ce sont ces
tarifs que la Commission doit etudier pour decider de la requete.
Certains centraux de Montreal sont actuellement compris dans un plan
de service de secteur etendu qui a ete mis en ceuvre dans la deuxieme partie
de 1951 et qui a ete subsequemment accru par l'adjonction de deux centraux
en 1955 et de deux autres en janvier 1958. Dans son jugement du 6 mars
1951 (41 J.O.R. & R.l; 67 C.R.T.C. 98), la Commission a approuve les propositions
initiales de la Compagnie relatives a l'etablissement d'un service de secteur
etendu pour ses centraux de Montreal, L'Abord-a-Plouffe, Lachine, Longueuil,
Pointe-aux-Trembles, Pont-Viau, Riviere-des-Prairies, Saint-Lambert et Saint-
Vincent-de-Paul. Par la suite, elle a approuve les arrangements relatifs a un
service de secteur etendu pour les centraux de Laprairie (12 mars 1954, 44
J.O.R. & R. 33; 71 C.R.T.C. 318), Boucherville (13 aout 1954, 44 J.O.R. & R.
228; 71 C.R.T.C. 319) et Roxboro (15 octobre 1957, 47 J.O.R. & R. 289; 76
C.R.T.C. 128).
Avant de resumer la teneur de la requete, nous donnons une description
du service de secteur etendu.
A l'heure actuelle, le service de secteur etendu de Montreal embrasse le
central de Montreal et les douze centraux des environs immediats, soit Boucher-
ville, L'Abord-a-Plouffe, Lachine, Laprairie, Longueuil, Pointe-aux-Trembles,
Pont-Viau, Riviere-des-Prairies, Roxboro, Sainte-Dorothee, Saint-Lambert et
Saint-Vincent-de-Paul. Ces douze centraux des environs ou "centraux periphe-
riques de premiere zone" sont designes par l'expression "centraux du groupe A"
dans la requete a l'etude. Les taxes interurbaines ne s'appliquent pas aux appels
entre le central de Montreal et un central du groupe A, mais le secteur de
service local de chaque central du groupe A ne comprend, outre le central
de Montreal, que certains centraux des secteurs contigus. (Voir l'article ler
de l'Appendice "A" au present jugement). Tous les centraux du groupe A
sont assignes au groupe tarifaire 10, tout comme Montreal, et se voient imposer
les tarifs et frais de ce groupe.
Les neuf centraux suivants, appeles "centraux peripheriques de deuxieme
zone" ou "centraux du groupe B", entourent et touchent les centraux du groupe A.
Ce sont ceux de Chambly, Chateauguay, Pointe-Claire, Saint-Bruno,
270
271
Sainte-Genevieve de Pierrefonds, Saint-Philippe, Sainte-Rose, Terrebonne et
Varennes. A l'heure actuelle, aucun de ces centraux ne comprend le central
de Montreal dans son secteur de service local, bien que quatre d'entre eux
jouissent d'un service de secteur etendu avec certains centraux contigus (voir
article 2 de l'Appendice "A"). Ces centraux du groupe B son presentement
assignes aux groupes tarifaires appropries, allant du groupe 2 au groupe 5,
d'apres le nombre total de postes relies a chaque central ou en service dans le
secteur de service local.
Suivant le plan de service de secteur etendu a l'etude, on envisage d'ac-
corder aux centraux du groupe B les privileges de communication avec le
central de Montreal dont jouissent les centraux du groupe A. En outre, les
secteurs de service local des centraux tant du groupe A que du groupe B
seront agrandis de facon a inclure certains centraux avoisinants, decrits a
l'Appendice "A", et, par suite, a eliminer les taxes interurbaines au sein des
secteurs de service ainsi agrandis.
Avant l'introduction du projet, un nouveau central de groupe B sera etabli
a Laval pour desservir le territoire de l'ile Jesus, actuellement desservi par
le central de Saint-Eustache. L'autre partie du central de Saint-Eustache,
situee sur la terre ferme au nord-ouest de Laval, ne sera pas comprise dans
le projet mais jouira d'un service de secteur etendu du nouveau central de
Laval. Dans le territoire actuellement desservi par le central de Laprairie
(central du groupe A), un nouveau central du groupe A sera etabli a Saint-
Constant lorsque le projet sera mis en vigueur.
La question des services de secteur etendu dans les zones metropolitaines,
que la Compagnie se propose d'etablir a Toronto, Montreal, Quebec, Ottawa,
Hamilton, et Windsor, a d'abord ete etudiee par la Commission dans son juge-
ment de 1950 relatif a l'augmentation des tarifs telephoniques de la Compagnie
(40 J.O.R. & R., n° 17-A; 67 C.R.T.C. 1). Dans ce jugement, nous disions:
"Le projet metropolitain prevoit l'extention aux zones suburbaines
des moyens de communiquer sans frais supplementaires avec la zone
urbaine correspondante, par exemple, des centraux de Weston, Willowdale
ou Agincourt au central de Toronto. Inversement, les abonnes de la zone
tarifaire de base de Toronto, pourraient communiquer sans frais supple-
mentaires avec les abonnes des zones suburbaines voisines. Un autre
avantage du projet serait que les abonnes suburbains auraient le pri-
vilege de telephoner sans frais supplementaires aux abonnes des zones
suburbaines voisines; ainsi, on pourrait telephoner de Weston a Islington
ou Willowdale, mais une taxe interurbaine serait imposee pour les appels
achemines vers les centraux suburbains non voisins.
L'introduction du projet metropolitain comporte un tarif d'abonnement
egal au tarif applicable au central urbain. C'est-a-dire que l'abonne de
Weston se verrait appliquer le meme tarif que celui de Toronto. D'apres
le projet, la totalite des postes des centraux suburbains serait done ajoutee
a l'ensemble des postes des centraux urbains, et le total global ainsi obtenu
servirait de base au tarif du groupe metropolitain. Le service metropo-
litain ne serait pas facultatif et M. Hambly a declare que personne ne s'y
etait oppose, mais que si telle opposition se manifestait, il faudrait reviser
toutes les donnees pertinentes.
M. Hambly a en outre declare que le projet remplacerait le service
facultatif de zone suburbaine, le service d'abonnement exterieur et le
service de secteur etendu, il a ajoute qu'un plus grand nombre de gens,
employes dans les grands centres, ont tendance a aller demeurer dans la
272
banlieue, mais doivent garder avec la ville des contacts sociaux et eco-
nomiques. II a precise que nombre d'abonnes suburbains subissent actuel-
lement des frais superieurs au tarif de la ville et que plusieurs limitent
le nombre d'appels qu'ils font a la ville en raison du cout des taxes
interurbaines.
Malgre les avantages tangibles qui decouleraient de l'adoption du
projet metropolitain, il est a noter que les autorites de la Compagnie ne
se proposent pas de chercher a connaitre l'avis des abonnes interesses.
La page 11 de la piece 122 montre qu'une forte augmentation des demandes
de service de zone suburbaine et de service d'abonnement exterieur s'est
produite depuis 1939 dans les regions de Toronto, Montreal et Quebec et,
de la meme facon pour l'extension du service local dans la region d'Ottawa.
Les pages 14 et 17 de la piece 122 donnent le pourcentage du total des
abonnes suburbains dont les paiements sont plus eleves que les tarifs
urbains actuels ou projetes. Voici le tableau de ces pourcentages:
Region Date du Pourcentage du total des abonnes
metropolitaine releve suburbains
Tarif actuel Tarif propose
Toronto Mars 1948 49.3 45.9
Montreal Nov. 1948 47.4 43.9
Ottawa Mars 1949 54.2 50.0
Hamilton Juin 1949 28.6 36.3
Quebec Avril 1949 26.0 17.4
Windsor Avril 1949 52.6 48.2
De temps a autre demande a ete faite a la Commission d'ordonner
a la Compagnie d'etendre le service urbain aux zones suburbaines ou de
modifier le prix du service d'abonnement exterieur. Les causes recentes
sont les suivantes:
La Chambre de commerce de Quebec-Montmorency c. la Cie de
telephone Bell, 46 C.R.C. 203; la ville de Weston c. la Cie de telephone
Bell. 48 C.R.C. 145; la ville de Mimico c. la Cie de telephone Bell, 48
C.R.C. 180; le canton d'Etobicoke c. la Cie de telephone Bell. 48 C.R.C.
222; Jas F. Phillips c. la Cie de telephone Bell. 52 C.R.T.C. 49; Mlle Sophie
Kohen c. la Cie de telephone Bell. 52, C.R.T.C. 3; la municipality de
St. Dunstan c. la Cie de telephone Bell. 62 C.R.T.C. 188.
Dans les cas susmentionnes d'Etobicoke et de Mimico, on demandait
de rattacher le service telephonique de ces deux localites a la ville de
Toronto. En ce qui a trait a Mimico, nous avons fait remarquer que
Textension des tarifs urbains n'aurait profite qu'a 211 abonnes et que
688 autres auraient ete contraints de payer plus cher; dans l'ensemble,
les reductions auraient ete moins nombreuses que les augmentations. Nous
avons ensuite declare, en guise de commentaire, que la Commission n'etait
pas autorisee a ordonner a la Compagnie d'etendre sa zone tarifaire de
base de Toronto pour inclure Mimico, mais que nous avions le pouvoir
273
et la juridiction necessaires pour regler toutes questions de taux deraison-
nables ou de distinction injuste decoulant de l'etablissement, du rajuste-
ment ou du regroupement des zones tarifaires de base.
Le projet metropolitan! actuel est, en realite, une extension des
limites de la zone tarifaire de base des centraux urbains. II accorde aux
gens qui vivent dans les limites des secteurs urbains une franche extension
du service de communication entre la zone suburbaine et la ville, mais il
entrainera une augmentation considerable des tarifs locaux des centraux
suburbains, laquelle atteindra directement les abonnes qui desirent seule-
ment le service local assure par le central suburbain.
Le pourcentage de la totalite des abonnes suburbains qui beneflcie-
raient de l'introduction du service metropolitain est tres faible. Je ne
crois pas que la Commission doive approuver le tarif d'abonnement appli-
cable a ces zones suburbaines sans obtenir quelque assurance qu'une bonne
majorite des abonnes suburbains accepteront volontiers l'inauguration du
projet. Je me demande egalement si la restriction qu'impose le projet a
l'egard des appels d'un central suburbain a un central suburbain voisin
ne constitue pas une distinction injuste. Les abonnes de ces centraux
devraient payer le meme tarif que ceux du central urbain mais ces derniers
seraient libres de faire des appels dans toute la region metropolitaine.
Je sais que les abonnes suburbains qui paient actuellement le taux
applicable au secteur etendu beneficieraient du projet mais, tant que les
objections que je viens de signaler ne seront pas reglees, je ne crois pas
que la Commission doive, a l'heure actuelle, approuver la base tarifaire
metropolitaine proposee."
A la suite de cette decision, la Compagnie prit des dispositions pour con-
naitre au moyen d'un plebiscite les desirs de ses abonnes de la banlieue de
Montreal et les resultats de cette enquete ont convaincu la Commission que le
projet metropolitain, appele "service de secteur etendu" agreait a la majorite.
En approuvant le projet initial pour la region de Montreal, la Commission a
etudie la possibility de distinction injuste mentionnee dans la citation ci-dessus
et a declare (6 mars 1951, 41 J.O.R. & R. 1; 67 C.R.T.C. 98):
"La Commission a aussi etudie les differences, exposees dans notre
decision anterieure, qui resulteraient de l'application du projet. Ces
differences sont relativement peu importantes et se presentent seulement
dans le cas d'appels entre un central suburbain et un central suburbain
non voisin. II nous a ete clairement demontre que les conditions tech-
niques et physiques ne permettent pas d'accorder le service de commu-
nication sans frais supplementaires a l'interieur de toute la region et que
les appels interurbains entre des centraux suburbains non voisins pre-
sentent des circonstances et des conditions qui n'existent pas ailleurs dans
la region. Aussi, nous ne croyons pas que la difference de traitement
constitue une distinction injuste."
Par la suite, la Commission a approuve l'application du projet a quatre
autres centraux du groupe A ou des plebiscites semblables avaient aussi donne
des resultats favorables.
Depuis que le service de secteur etendu de Montreal a ete etabli pour
satisfaire l'evidente communaute d'interet des abonnes du central de Montreal
et de ceux des centraux du groupe A, il y a eu augmentation notable tant
de la population que du nombre de postes en service, non seulement dans les
274
centraux de Montreal et du groupe A mais egalement dans le territoire environ-
nant comprenant les centraux du groupe B. La requete de la Compagnie
comprend l'etat suivant qui temoigne de cette augmentation:
Centraux
Montreal . . .
Centraux du
groupe A .
Centraux du
groupe B .
Population
1955 1958 *
% de 1955
V augmentation
Postes
1958 * % de
V augmentation
522,295 651,004 24.6
1,362,000 1,439,000 5.7
222,000 298,000 34.3 56,374 88,980 57.8
77,000 105,000 36.3 15,852 29,336 85.1
Estimation au 31 decembre.
Cette expansion de la banlieue de Montreal a fait naitre entre les abonnes
du central de Montreal et ceux des centraux du groupe B et entre les abonnes
de certains centraux des groupes A et B une importante communaute d'interet
qui, selon la Compagnie, est mise en relief par le resume suivant du nombre
estimatif d'appels interurbains qui seraient elimines par l'application du
projet:
Appels auxquels s'applique une
taxe interurbaine
Entre les centraux de Montreal
et du groupe B
Entre les centraux du groupe A
qui ne sont pas actuellement
dans le meme secteur d'appel
local
Entre les centraux des groupes A
et B auxquels il est projete de
permettre l'echange de com-
munications sans taxe
Entre les centraux du groupe B
auxquels il est projete de per-
mettre l'echange de communi-
cations sans taxe
Total
Chiffres etablis Chiffres etablis
d'apres le nombre d'apres le nombre
de postes en service estimatif de postes
en janvier 1957 qui seront en service
en decembre 1958
4,358,000
227,000
741,000
141,000
5,467,000
5,038,000
295,000
977,000
193,000
6,503,000
La Compagnie estime que l'abandon du service interurbain et du service
d'abonnement exterieur qui existent presentement entre les centraux vises
par le projet et la fourniture de l'equipement additionnel necessaire au service
de secteur etendu lui vaudront une diminution annuelle de recettes atteignant
$1,926,000. Cette perte sera partiellement compensee par une reduction
annuelle d'environ $400,000 des depenses faites pour la mesure de la duree
des conversations, l'inscription et la facturation des appels interurbains qui
275
seraient elimines, ce qui reduira la perte annuelle a $1,526,000. Si la Compagnie
appliquait simplement aux centraux du groupe B les taux qui sont actuellement
applicables aux centraux de Montreal et du groupe A, l'augmentation de
recettes au montant de $519,000 par annee laisserait encore une perte annuelle
nette de $1,007,000. II est projete de compenser la plus grande partie de cette
insuffisance de recettes en majorant de la facon suivante les taux du central
de Montreal, applicables actuellement aux centraux de Montreal et du groupe A:
a) 10c. par mois pour les postes a domicile principaux et les lignes auxi-
liaires des installations d'abonne avec postes supplementaires (P.B.X.)
de poste a domicile;
b) 25c. par mois pour les postes d'affaires principaux et les lignes auxi-
liaires P.B.X. de poste d'affaires;
c) lc. par jour de garantie quotidienne des recettes provenant des appels
locaux pour les postes principaux semi-publics et les lignes auxiliaires
P.B.X. de poste semi-public.
En plus de cette hausse des taux de Montreal, les montants suivants seraient
imposes aux abonnes des centraux du groupe B:
a) 50c. par mois pour les postes a domicile principaux et les lignes auxi-
liaires P.B.X. de poste a domicile;
b) $1 par mois pour les postes d'affaires principaux et les lignes auxiliaires
P.B.X. de poste d'affaires;
c) 3c. par jour de garantie quotidienne des recettes provenant des appels
locaux pour les postes principaux semi-publics;
d) 5c. par jour de garantie quotidienne des recettes provenant des appels
locaux pour les lignes auxiliaires P.B.X. de poste semi-public.
L'effet des majorations de taux du plan projete ressort de la comparaison
ci-dessous des taux actuels et des taux projetes applicables au service de
ligne individuelle dans chacun des centraux en cause:
Centraux
Montreal
Centraux du groupe A
Boucherville
L'Abord-a-Plouffe
Lachine
Laprairie
Longueuil
Pointe-aux-Trembles .
Pont-Viau
Riviere-des-Prairies . .
Roxboro
St-Constant (a)
Ste-Dorothee
St-Lambert
St-Vincent-de-Paul . . .
Poste d'affaires
Actuel Projete
Poste a domicile
Actuel Projete
$14.35 $14.60
$5.35 $5.45
(a) Nouveau central — actuellement desservi par le central de Laprairie.
276
Poste d'affaires
Actuel Projete
Poste a domicile
Actuel Projete
Centraux du groupe B
Chambly
Chateauguay
Laval (b)
Pointe-Claire
St-Bruno
Ste-Genevieve-de-Pierrefonds
St-Philippe
Ste-Rose
Terrebonne
Varennes
7.40
5.30
5.85
6.50
7.40
5.85
5.30
6.50
15.60
15.60
15.60
15.60
15.60
15.60
15.60
15.60
3.90
3.30
3.45
3.65
3.90
3.45
3.30
3.65
5.95
5.95
5.95
5.95
5.95
5.95
5.95
5.95
(b) Nouveau central — actuellement desservi par le central de St-Eustache.
La Compagnie declare que la majoration projetee de taux et taxes appli-
cables au nouveau service de secteur etendu repartirait equitablement entre
les abonnes en cause la partie de la perte annuelle de recettes qu'elle essaie
de recuperer ($1,007,000), la valeur du service assure aux abonnes servant
de base a cette repartition. La Compagnie a tenu compte, dans la repartition
de la perte de recettes, des circonstances et conditions speciales qu'entrainerait
l'extension du service d'appel local de Montreal aux centraux du groupe B;
ceux-ci disposeraient non seulement des moyens de faire des appels locaux a
des endroits eloignes generalement atteints par le service interurbain, mais
ces moyens seraient suffisants pour permettre un nombre d'appel tres superieur
vu que ce service serait assure a un taux mensuel.
La Compagnie soutient que ses abonnes des centraux du groupe B sont
ceux qui desirent le plus fortement l'extension de service projetee et ceux qui
en retireront le plus d'avantages. Un grand nombre de ces abonnes du groupe B
realiseraient une economie dans le total de leurs frais telephoniques parce que
les tarifs projetes seraient inferieurs a ce que leur coute leur service local
actuel ajoute a leurs appels interurbains a Montreal. En outre, le service
projete a taux mensuel leur permettrait de faire des appels locaux a Montreal.
Le projet a ete concu comme plan d'ensemble et la Compagnie declare
qu'elle ne pourra le mettre a execution que si le central de Montreal et tous
les centraux des groupes A et B en font partie. Par consequent, la mise a
execution depend de l'acceptation generale du projet et des taux projetes.
Dans sa requete, la Compagnie a signale qu'elle s'opposerait a toute proposition
visant a augmenter l'etendue du projet actuel et qu'elle se reserve le droit de
retirer celui-ci si elle le juge a propos en cas d'opposition.
Sauf sous le rapport du lieu et des conditions geographiques, la proposi-
tion de la Compagnie est essentiellement semblable quant aux details du service
et identique quant aux taux, au plan de service de secteur etendu autorise par
la Commission dans son jugement du 31 janvier 1955 (45 J.O.R. & R. 1; 72
C.R.T.C. 112), pour le central de Toronto et les centraux peripheriques de
premiere et de deuxieme zones.
Avant de deposer sa requete officielle en vue d'obtenir l'approbation du
nouveau plan de service de secteur etendu pour la region de Montreal, la
Compagnie a demande et obtenu la tenue de pourparlers provisoires avec la
Commission, lesquels ont eu lieu le 13 septembre 1957. II a alors ete decide que
277
la plus grande publicite possible serait faite au projet de la Compagnie au
moyen d'annonces dans les journaux et d'avis envoyes directement aux abonnes
en cause.
Le projet a ete annonce et decrit en detail dans les quotidiens de langue
francaise et de langue anglaise de Montreal le 3 octobre 1957, et dans les
journaux locaux les 3, 4, 5, 9 et 10 octobre. Ces journaux couvrent la totalite
du territoire vise par le projet et leur tirage global est, dit-on, de 1,103,656
exemplaires. Chacun des 466,488 abonnes des centraux de Montreal et du
groupe A a recu directement avis du projet et une lettre circulaire speciale
donnant le detail des changements que leur apporterait l'adoption du projet
a ete adressee aux 18,681 abonnes des centraux du groupe B.
Chaque annonce, avis ou lettre circulaire speciale contenait, suivant nos
instructions, l'avertissement de nous faire parvenir au plus tard le 15 novembre
1957 toutes observations ou commentaires concernant les propositions de la
Compagnie. On a aussi distribue a chacune des 93 municipalites du territoire
en cause des exemplaires de la requete formelle du 28 avril 1958 faite par la
Compagnie, de meme qu'un avis de nous faire parvenir par la poste ou autre-
ment, dans les 20 jours, toute reponse a l'egard de cette requete formelle.
Comme suite aux annonces d'octobre 1957 relatives au projet de la Com-
pagnie, 180 communications ont ete recues de personnes, d'entreprises commer-
ciales, de societes, de municipalites et d'organismes semblables. Sur ce nombre,
150, soit 83.3 p. 100 indiquaient une approbation sans reserve du projet et 4,
soit 2.2 p. 100, une approbation avec reserve; 24, soit 13.3 p. 100, manifestaient
de l'opposition et 2, soit 1.1 p. 100, ne faisaient connaitre aucune preference.
Celles qui indiquaient une approbation avec reserve critiquaient surtout l'aug-
mentation du tarif du central de Montreal, proposee par la Compagnie. Les
avis contraires au projet peuvent se resumer ainsi: "Le cout du service local
pour les postes a domicile est trop eleve"; "Ceux qui font des appels inter-
urbains devraient les payer"; "C'est un moyen d'obtenir une autre augmen-
tation des taux"; "Pourquoi les abonnes de Montreal devraient-ils absorber les
frais d'un service dont les banlieues seront les plus grands beneficiaires?";
"La Bell continuera a etendre les secteurs a Tinnm"; "Le cout est beaucoup
plus eleve comparativement aux appels interurbains"; "Les abonnes de Pointe-
Claire ne pourront pas appeler autant de centraux que les abonnes de Montreal";
"La taxe supplementaire de 60c. aux centraux peripheriques est injuste";
"Je ne vois pas pourquoi j'aurais. a faire une depense supplementaire pour
assurer un service qui m'est inutile"; "Je suis satisfait de l'etat de choses
actuel"; "Je ne fais pas d'appels interurbains"; "Ne prenez aucune decision
sans un referendum". Des 24 memoires s'opposant au projet, 15 proviennent
du central de Montreal qui groupe 412,500 abonnes, aucun n'est parvenu des
centraux du groupe A qui comptent 54,000 abonnes et 9 proviennent des
centraux du groupe B qui groupent 18,000 abonnes.
Cinq memoires ont ete recus de municipalites, apres la reception de la
requete formelle du 28 avril 1958 faite par la Compagnie. Aucun de ces
memoires ne s'est oppose au projet. La ville de Pointe-Claire a declare qu'elle
ne desire pas s'opposer; la ville de Mackay ville approuve entierement le projet
et les taux modifies; la ville de Beaconsfield approuve le projet a l'unanimite
mais "elle s'oppose a l'etablissement de toutes taxes en sus des taux demandes
aux abonnes de Montreal pour des services beaucoup plus grands"; la ville
de Candiac a approuve le projet en ajoutant certaines reserves qu'elle a retirees
plus tard; la ville de Repentigny, qui n'est pas comprise dans le projet, a
demande d'en faire partie.
Comme nous l'avons dit precedemment, le projet dont nous sommes saisis
est sensiblement semblable a celui qui a ete approuve le 31 janvier 1951
pour le central de Toronto et ses centraux peripheriques de premiere et de
278
deuxieme zone. Dans notre jugement approuvant le plan de service de secteur
etendu (54 J.O.R. & R. 1; 72 C.R.T.C. 112), nous avons soigneusement examine
les oojections soulevees par l'absence d'un service de communication sans res-
trictions entre les centraux suburbains non voisins des groupes A et B, ainsi
que les requetes visant a elargir le cadre du projet. Dans ce jugement, nous
avons declare:
"La zone tarifaire de base d'un central ne suit pas necessairement les
limites municipales. II y a lieu de tenir compte de l'emplacement geo-
graphique, des problemes techniques, des depenses excessives qu'entraine
Tinstallation des services telephoniques et de bien d'autres facteurs. Dans
les grandes installations comme celle de Toronto, la ligne de l'abonne
aboutit a des centres d'interconnexion dans un bureau central d'ou les
appels sont distribues a la demande de l'abonne. Dans le cas de Toronto,
il y a 34 bureaux centraux de ce genre. Chaque bureau central doit etre
raccorde aux autres au moyen de voies en nombre suffisant pour repondre
aux demandes des abonnes de tout le central. Ces voies sont relative-
ment courtes et peuvent par consequent etre realisees au moyen d'instal-
lations aux normes moins rigoureuses que celles qui s'imposent pour les
communications sur de plus grandes distances.
Le service de secteur etendu differe du service entre bureaux en ce
que chaque central de la peripheric est rattache au bureau central le plus
proche du central urbain, d'ou le service est achemine dans les deux sens
par l'intermediaire des installations de communication entre bureaux. Afln
d'assurer un service de communication sans restrictions dans toute l'agglo-
meration de Toronto, il faudrait etablir a un cout tres eleve dans la region
du groupe A et du groupe B des installations de liaison entre bureaux
bien superieures qui doteraient la region entiere d'un vaste reseau de fils
se croissant et s'entrecoisant. La frequence des appels entre les centraux
suburbains non voisins est tres faibles, mais les installations destinees a
permettre un service de communication sans restrictions devront de toute
necessite viser a assurer un volume de trafic beaucoup plus grand que celui
qui est actuellement indique. Tout etablissement d'installations completes
de communication se traduirait par des taux beaucoup plus eleves que
ceux qui sont proposes.
Une industrie qui s'installe en zone suburbaine et qui a besoin du
service complet peut maintenant en disposer mais seulement en s'abon-
nant au service d'abonnement exterieur. II est ainsi possible d'obtenir
le service desire, mais le cout n'en est payable que par l'abonne bene-
ficiaire. Nous sommes d'avis que la possibility d'avoir un service d'abonne-
ment exterieur suffit a disposer de ce genre d'objection.
Ce que nous avons dit au sujet des problemes et des depenses que
comportent l'etablissement d'un service complet suffit a disposer de l'oppo-
sition au projet du fait que celui-ci ne prevoit pas un service complet.
On ne saurait examiner maintenant les objections qui ont ete soulevees
par suite de l'echec de la Compagnie a etendre davantage le service projete.
Dans tout projet ou il y a lieu de tirer des lignes de demarcation se pose
le probleme de savoir ou tirer ces lignes. Nous avons deja etudie le pro-
bleme de l'augmentation des depenses qu'exigent les longues lignes de
liaison entre bureaux; la meme question s'applique aux lignes conduisant
du central ou des centres d'interconnexion aux domiciles des abonnes. Une
limite s'impose. De meme dans les conditions actuelles, les centraux des
regions qui ne font pas partie du groupe B ne peuvent pas etre incorpores
dans le projet. II est probable que s'affirmera la necessite de mettre en
279
ceuvre un vaste plan concernant les centraux peripheriques de troisieme
zone, lequel soulevera tour a tour des questions sur la facon de resoudre
le probleme tant sur le plan materiel que sur le plan financier."
En ce qui concerne la presente requete, la Compagnie declare que le service
de conversations non taxees entre tous les centraux du groupe A et du groupe B
selon le plan de service de secteur etendu de Montreal entrainerait la construc-
tion d'un nombre suffisant de lignes de jonction entre les bureaux des 24 cen-
traux en cause et installation du materiel connexe necessaire. La diminution
des recettes provenant des taxes et les frais afferents a la mise de fonds neces-
saire a l'etablissement des installations supplementaires atteindraient environ
$700,000 par annee, somme dont la recuperation necessiterait l'imposition de
taux encore plus eleves a tous les abonnes des centraux du groupe A et du
groupe B. En outre, la Compagnie declare qu'elle n'est pas prete a mettre
sur pied un tel projet et que ses etudes sur le trafic demontrent que la grande
majorite des abonnes des groupes A et B ne reclame pas une telle extension de
service.
Aucune des municipalites en cause n'a sollicite un projet de communica-
tions non taxees sans restrictions. La seule objection recue a ce sujet a ete
presentee par la ville de Beaconsfield, relie au central du groupe B de Pointe-
Claire. Elle ne desire pas l'extension de la region projetee de communication
mais s'oppose tout simplement, en se fondant sur le principe de la zone de
communication restreinte, a l'etablissement de taux superieurs a ceux qui sont
appliques aux abonnes du central de Montreal, question qui sera traitee plus
loin.
Quant a la ville de Repentigny qui, dans un memoire, a demande d'etre
incorporee dans le plan de service de secteur etendu parce qu'elle est situee
en partie dans la region du groupe B, la Compagnie signale que cette region
comprend les territoires desservis par les centraux de Chambly, Chateauguay,
Laval, Pointe-Claire, St-Bruno, Ste-Genevieve-de-Pierrefonds, St-Philippe,
Ste-Rose, Terrebonne et Varennes, mais ne comprend pas le central de St-Paul-
l'Ermite qui dessert la ville de Repentigny.
Comme le projet suppose 1'elimination de certaines taxes ou frais inter-
urbains, il importe dans l'interet de l'egalite de traitement de limiter l'etendue
des communications non taxees qu'il permettra. Cette limite a ete etablie par
l'incorporation des centraux du groupe B ou la taxe interurbaine normale etait
de 15c. pour une conversation de trois minutes en provenance ou a destination
de Montreal, c'est-a-dire les centraux dont le bureau interurbain ou le centre
des taux est situe a 15 milles a vol d'oiseau du bureau interurbain de Montreal.
L'etablissement et la commutation de tous les appels interurbains en pro-
venance ou a destination des abonnes de la ville de Repentigny doivent neces-
sairement se faire au centre interurbain de St-Paul-l'Ermite, situe a 18 milles
a vol d'oiseau du centre interurbain de Montreal. La taxe normale afferente
aux conversations interurbaines de trois minutes entre ces points est de 25c.
L'inclusion de la ville de Repentigny dans le plan de service de secteur etendu,
s'il y a lieu d'eviter les distinctions injustes ou les preferences indues ou derai-
sonnables, necessiterait l'inclusion de tous les autres centraux environnants
en presence de circonstances et de conditions semblables.
Un plan de service de secteur etendu constitue en realite une extension
des limites d'un reseau. La Loi sur les chemins de fer ne nous habilite pas a
fixer de telles limites, car il s'agit la de questions laissees a la discretion de la
Direction et comportant des considerations d'ordre technique, geographique et
d'autre nature. II nous incombe d'examiner surtout les taux qui resultent de
l'etablissement, du regroupement et du rajustement des regions en cause
et rien ne prouve que les limites prevues et les taux envisages feraient naitre
des distinctions injustes a l'egard de la ville de Repentigny. Evidemment, tout
280
plan de service de secteur etendu est soumis a des limites et, dans les conditions
actuelles, il est impossible d'y inclure les centraux a l'exterieur de la deuxieme
zone peripherique, soit des centraux du groupe B.
Meme si des abonnes se contentent d'un service telephonique limite a la
region dans laquelle ils demeurent, le desir de la majorite doit l'emporter dans
le cas d'un plan de service de secteur etendu comme celui qui est propose pour
la region de Montreal. Devant la publicite intense qui a ete faite aux propositions
de la Compagnie et l'occasion qui a ete procuree de nous faire tenir toutes
observations pertinentes, il ressort que la tres grande majorite de ceux que
vise le projet en preconisent l'adoption. Seulement 24 des 485,169 abonnes
des centraux de Montreal et des groupes A et B ont exprime leur opposition.
Si Ton restreint la comparaison aux centraux du groupe B, on constate que
9 des 18,681 abonnes s'opposent entierement au projet.
Une etude complete et minutieuse nous a donne la conviction que la majo-
rite des abonnes vises approuve le projet et en preconise l'adoption. Comme
le projet est fonde sur les taux revises decrits plus haut, il s'ensuit neces-
sairement que la majorite approuve ces taux. C'est sur cette question de taux
que doit principalement porter notre decision.
Les centraux de la Compagnie sont classes en dix groupes selon le nombre
total des postes telephoniques rattaches a chaque central, et les taux locaux sont
gradues suivant l'importance relative de ces groupes. L'echelle de chacun de
ces groupes, du point de vue du nombre total des postes telephoniques, a
ete ajustee pour la derniere fois dans la cause des recettes de 1950 (40 J.O.R.
& R., n° 17A; 67 C.R.T.C. 1).
Les principes a la base du groupement sont les suivants: valeur du service
et accroissement de la depense que comporte un central plus important, c'est-a-
dire que plus grande est la zone de communication au sein d'un central, plus
grande est la valeur du service et plus eleve le taux. Les memes principes
regissent la zone de communication qu'assure le service de secteur etendu, mais
il y a, en outre, l'accroissement de la depense que comporte les installations
d'interconnexion sur des distances en general plus grandes que celles qui
existent normalement au sein d'un meme central.
De toute evidence, le point suivant ne saurait preter a discussion: est-il
juste d'imposer le taux du central de Montreal aux centraux qui lui sont rat-
taches? Ce fait a ete reconnu dans notre approbation du service de secteur
etendu accorde aux centraux du groupe A (41 J.O.R. & R. 1; 67 C.R.T.C. 98).
On etudiera plus loin la question de savoir s'il conviendrait d'ajouter aux cen-
traux du groupe B une surtaxe fondee sur les taux du central de Montreal.
Quant aux zones plus restreintes de communications non taxees dont bene-
ficient les centraux des groupes A et B, ou la communication entre certains
centraux peripheriques non voisins sera soumise a des taxes interurbaines, il
nous a ete entierement demontre que l'augmentation des depenses qui accom-
pagneraient l'etablissement des installations requises serait tellement grande
qu'elle compenserait tout avantage que pourraient retirer les quelques abonnes
atteints et qu'elle necessiterait par toute la zone des taux beaucoup plus eleves
que ceux qui sont proposes. Evidemment, aucun des memoires dont nous
avons ete saisis ne nous laisse entendre que les abonnes des centraux des
groupes A et B devraient pouvoir etablir des communications sans restrictions
dans toute la zone. Ils donnent plutot a entendre que la zone de communica-
tion dont pourraient jouir ces centraux peripheriques ne motive pas l'imposition
de taux plus eleves que ceux qui sont imposes aux abonnes du central de
Montreal.
281
Nous avons etudie cette affaire lorsque nous avons approuve, pour le
territoire de Toronto, un plan de service de secteur etendu sensiblement sem-
blable a celui a l'etude et fonde sur des taux identiques.
Dans ce jugement (45 J.O.R. & R.l; 72 C.R.T.C. 112) nous avons dit:
"Le principe de l'imposition d'une surtaxe aux centraux du groupe B
a ete examine et, etant donne l'agrandissement prononce de la zone de
communication, celle-ci est sans aucun doute la plus avantageuse pour les
abonnes de ces centraux. Les surtaxes sont moderees et semblent raison-
nables dans toutes les circonstances qui existent. La perte de recettes
imputables aux taxes par suite de l'adoption du service de secteur etendu
pour le groupe B, a ete estimee au mois de decembre 1955 a $3.29 en
moyenne par mois et par poste telephonique principal, alors qu'une estima-
tion semblable indique que les recettes accrues des centraux atteindraient
en moyenne $2.68 par mois et par poste telephonique principal. A ce
propos, rien ne prouve que les taxes qui doivent etre imposees et qui
comprennent les surtaxes sont deraisonnables.
L'augmentation de 10c. (postes a domicile) et de 25c. (postes d'affaires)
par mois dans les taux pour Toronto et le groupe A fera que ces abonnes
benefkieront d'une zone de service fortement agrandie, independamment
de la base actuelle des groupes tarifaires. Comme personne ne s'est
oppose a cette petite taxe supplementaire, nous croyons qu'elle est rai-
sonnable dans toutes les circonstances courantes."
Nous l'avons mentionne plus haut, si la Compagnie appliquait aux centraux
du groupe B simplement les taux qui sont actuellement applicables dans les
centraux de Montreal et du groupe A, l'accroissement de recettes qui en resul-
terait, soit $519,000 annuellement, laisserait encore une perte nette annuelle
de $1,007,000. Comme ce sont les 18,681 abonnes des centraux du groupe B
qui beneficieraient surtout de l'adoption du projet, les taxes supplementaires
mensuelles de 60c. pour les postes telephoniques principaux a domicile et de
$1.10 pour les postes telephoniques principaux d'affaires, ajoutees aux taux
courants de Montreal, ne paraissent done pas deraisonnables. La hausse res-
pective de 10c. et de 25c. par mois pour les postes telephoniques a domicile
et les postes telephoniques d'affaires dans les taux de Montreal et de ses
centraux du groupe A tient compte de l'accroissement de la zone de commu-
nication dont disposent ces centraux dans le cadre du projet. Aucune oppo-
sition n'a ete formulee par les 53,988 abonnes du groupe A et 15 seulement des
412,500 abonnes du central de Montreal ont exprime leur opposition. Dans les
circonstances actuelles, nous croyons que cette hausse est raisonnable.
Nous concluons que le plan de service de secteur etendu que projette
d'etablir la Compagnie repond a toutes les demandes raisonnables qui lui
sont faites pour une zone de service accrue dans la region de Montreal; qu'elle
recoit l'approbation generale de la tres grande majorite des abonnes vises et
que nous n'avons releve aucun indice de distinction deraisonnable ou injuste
dans les taux prevus. En consequence, nous donnons par les presentes notre
approbation au projet en ce qui concerne ces taux. La Compagnie estime
que la mise en ceuvre du projet prendra environ onze mois. L'approbation
formelle sera donnee par ordonnance des que les revisions tarifaires necessaires
auront ete deposees sur avis reglementaire et que les taux dont il est question
ici auront ete publies.
Ottawa (Ontario)
le 11 juillet 1958.
C. D. SHEPARD
HUGH WARDROPE
F. M. MacPHERSON
H. B. CHASE
L. J. KNOWLES
APPENDICE "A"
SERVICE TELEPHONIQUE DE SECTEUR ETENDU DE MONTREAL
(Agencements actuel et projete)
1 . Centraux du groupe "A" ou de premiere zone:
Central
du groupe A
Boucherville
L'Abord-a-Plouffe
Lachine
Laprairie
Longueuil
Pointe-aux-Trembles
Pont-Viau
Riviere-des-Prairies
Roxboro
Centraux actuellement Centraux supplemental es
compris dans le secteur dont Vinclusion au secteur de
de service urbain
Boucherville, Montreal,
Longueuil
L'Abord-a-Plouffe,
Montreal, Pont-Viau,
Ste-Dorothee
Lachine, Montreal,
Roxboro
Laprairie, Montreal
St-Constant (actuelle-
ment desservi par
Laprairie, deviendra un
nouveau central),
St-Lambert, St-Philippe
Longueuil, Montreal,
Boucherville,
St-Lambert
Pointe-aux-Trembles,
Montreal, Riviere-des-
Prairies
Pont-Viau, Montreal,
L'Abord-a-Plouffe,
St-Vincent-de-Paul
Riviere-des-Prairies,
Montreal, Pointe-aux-
Trembles, St- Vincent-
de-Paul
Roxboro, Montreal,
Lachine, Ste-Dorothee,
Ste-Genevieve-de-
Pierrefonds
service urbain est
projetee
Pointe-aux-Trembles,
Riviere-des-Prairies, St-
Bruno, St-Lambert,
Varennes
Roxboro, Ste-Rose, St-
Vincent-de-Paul
Chateauguay, Laprairie,
Pointe-Claire,
St-Constant (nouveau
central) Ste-Dorothee
Chambly, Lachine,
Longueuil
Laprairie, Pointe-aux-
Trembles, St-Bruno
Boucherville, Longueuil,
St- Vincent-de-Paul
Varennes
Riviere-des-Prairies,
Ste-Dorothee, Ste-Rose
Boucherville, Pont-Viau,
Terrebonne
L'Abord-a-Plouffe,
Pointe-Claire, St-
Constant (nouveau
central)
282
283
St-Constant
(Non encore un
central; actuelle-
ment desservi par
Laprairie)
Ste-Dorothee
St-Lambert
St-Vincent-de-Paul
Montreal, Laprairie,
St-Lambert, St-Philippe
Ste-Dorothee, Montreal,
L'Abord-a-PloufTe,
Roxboro
St-Lambert, Montreal,
Laprairie (y compris la
partie qui deviendra le
nouveau central de St-
Constant), Longueuil
St-Vincent-de-Paul,
Montreal, Pont-Viau,
Riviere-des-Prairies
Lachine, Roxboro
Lachine, Laval (nouveau
central) Pont-Viau,
Ste-Genevieve-de-
Pierrefonds, Ste-Rose
Boucherville, Chambly,
St-Bruno
L'Abord-a-PloufTe, Pointe-
aux-Trembles, Ste-Rose,
Terrebonne
2. Centraux du groupe "B" ou de seconde zone:
Central
du groupe B
Chambly
Chateauguay
Laval
(Non encore un
central; actuelle-
ment desservi par
St-Eustache)
Pointe-Claire
St-Bruno
Ste-Genevieve-de-
Pierrefonds
St-Philippe
Centraux actuellement Centraux supplement aires
compris dans le secteur dont Vinclusion au secteur de
service urbain est
projetee
de service urbain
Chambly
Chateauguay
St-Eustache
Pointe-Claire
St-Bruno
Ste-Genevieve-de-
Pierrefonds, Roxboro
St-Philippe, Laprairie
(y compris le territoire
qui sera desservi par le
nouveau central de St-
Constant)
Montreal, Laprairie, St-
Bruno, St-Lambert,
St-Philippe
Montreal, Lachine, Pointe-
Claire
Montreal, Ste-Dorothee,
Ste-Genevieve-de-
Pierrefonds, Ste-Rose
Montreal, Chateauguay,
Lachine, Roxboro, Ste-
Genevieve-de-Pierre-
fonds
Montreal, Boucherville,
Chambly, Longueuil, St-
Lambert
Montreal, Laval, Pointe-
Claire, Ste-Dorothee
Montreal, Chambly
284
Ste-Rose, Ste-Therese
Terrebonne, Terrebonne
Heights
Varennes
Montreal, L'Abord-a-
Plouffe, Laval (nouveau
central), Pont-Viau, Ste-
Dorothee, St-Vincent-
de Paul, Terrebonne
Montreal, Riviere-des-
Prairies, Ste-Rose, St-
Vincent-de-Paul
Montreal, Boucherville,
Pointe-aux-Trembles
SUMMARY OF ORDERS ISSUED BY THE BOARD
95333 Aug. 21 — In the matter of the application of the City of Fredericton, New
Brunswick for installation of automatic protection of C.N.R. crossing
and C.P.R., at Barker Street, Fredericton, New Brunswick, mileage
108.99 Nashwaak Subdivision.
95334 Aug. 21 — Permitting the removal of slow Order at the C.N.R. crossing being
the second public crossing west of station at Rosedale, Alberta,
mileage 57.2 Drumheller Subdivision.
95335 Aug. 21 — In the matter of the application of the C.N.R. for an extension of
time required by Order No. 93641, dated February 14, 1958, to install
automatic protection at the crossing of County Road No. 18, fourth
public crossing west of the station at Port Robinson, Ontario, mileage
10.82 Welland Subdivision.
95336 Aug. 21 — In the matter of the application of the C.N.R. for approval of pro-
posed location of facilities for the handling and storage of flammable
liquids at Harry's Brook, Newfoundland, mileage 438.5 Port aux
Basques Subdivision.
95337 Aug. 21 — In the matter of the application of the C.P.R. for authority to operate
under the overhead bridge at mileage 121.52 White River Subdivision,
in the Province of Ontario, which was authorized to be constructed
by Order No. 85870, dated March 28, 1955.
95338 Aug. 21 — In the matter of the application of the British Columbia Telephone
Company for approval of an agreement between the British Columbia
Telephone Company and Bella Coola Telephone, Light & Power
Co. Ltd.
95339 Aug. 21 — Permitting the removal of slow order at the C.N.R. crossing of
Wellington Street, first crossing south of the station at Drayton,
Ontario, mileage 61.53 Fergus Subdivision.
95340 Aug. 21 — In the matter of the application of the Town of Kenora, Ontario
for an Order authorizing the reconstruction of an overhead bridge
crossing the right of way of the C.P.R. in the Town of Kenora,
mileage 1.95, Keewatin Subdivision and authorizing the construction
of a temporary crossing over the right of way of the C.P.R. in the
Town of Kenora, Ontario, mileage 1.75, Keewatin Subdivision.
95341 Aug. 22 — In the matter of the application of the C.P.R. on behalf of Imperial
Oil Limited for approval of proposed location of additional facilities
for the handling and storage of Class I flammable liquids at Govan,
Saskatchewan, mileage 67.4 Lanigan Subdivision.
95342 Aug. 22— In the matter of the application of the C.N.R. on behalf of North
Star Oil Limited for approval of the proposed location of a new
office building at Hyas, Saskatchewan, mileage 52.85 Preeceville
Subdivision.
95343 Aug. 22 — In the matter of the application of the C.N.R. for authority to con-
struct a siding extension across the north and south road allowance
between the Southeast quarter of Section 18 and the Southwest
quarter of Section 17, Township 49, Range 27, West 5th Meridian,
at Miette, Alberta.
95344 Aug. 22— In the matter of the application of the C.P.R. on behalf of Imperial
Oil Limited for approval of the proposed location of a new office
building at Weyburn, Saskatchewan, mileage 61.8 Kisbey Subdivision.
95345 Aug. 22 — In the matter of the application of the C.P.R. for authority to dis-
continue passenger train service on its Miniota Subdivision, Manitoba.
95346 Aug. 22 — In the matter of the application of the C.P.R. for authority to dis-
continue passenger train service on its Rapid City Subdivision,
Manitoba.
95347 Aug. 22— In the matter of the application of the C.P.R. for authority to dis-
continue passenger train service on its Lenore Subdivision, Manitoba.
285
286
95348 Aug. 22— In the matter of the application of the C.P.R. on behalf of Choice-
land Consumers' Co-op Association Limited for approval of proposed
location of additional facilities for the handling and storage of
Class I and Class II flammable liquids at Choiceland, Saskatchewan,
mileage 26.5 White Fox Subdivision.
95349 Aug. 22 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.P.R. under sections 3 and 8.
95350 Aug. 22 — In the matter of the application of the Township of Goderich,
Ontario, for authority to improve the crossing of the highway and
C.N.R. near Clinton, Ontario.
95351 Aug. 22 — Authorizing the Alberta Department of Highways to widen the
Highway No. 43.59 where it crosses C.N.R. at mileage 109.97 Black-
foot Subdivision, Alberta.
95352 Aug. 22 — Authorizing the C.N.R. to construct an extension of its siding across
road allowance at Galloway, Alberta.
95353 Aug. 22 — Authorizing the United Suburban Gas Company Limited to construct
at its own expense a 2" gas main across and over the company pipe
line of the Western Pipe Line Company at Sovereign Street, Town-
ship of West Flamboro, Ontario.
95354 Aug. 22 — In the matter of application of the C.N.R. for authority to construct
a siding extension across the north and south road allowance
between the NE£ Sec. 23 and NW£ Sec. 24-5027-W5M., at Solomon,
Alberta.
95355 Aug. 22 — In the matter of application of the Ontario Northland Rly. on behalf
of Shell Oil Co. of Canada Limited for approval of proposed
facilities for handling and storage of flammable liquids at Noranda,
Quebec.
95356 Aug. 22 — In the matter of application of the C.N.R. for approval of proposed
location of facilities for handling and storage of flammable liquids
at Parent, Quebec.
95357 Aug. 25 — In the matter of application of the C.P.R. on behalf of Imperial
Oil Limited, for approval of proposed location of facilities for
handling and storage of flammable liquids at Wynyard, Saskatchewan.
95358 Aug. 25 — In the matter of the application of the C.N.R. on behalf of North
Star Oil Limited, for approval of proposed location of facilities
for the handling and storage of flammable liquids at Sandwith,
Saskatchewan, mileage 23.05 Hatherleigh Subdivision.
95359 Aug. 25— Approving Plan SD-3737, revised to Jan. 7, 1958, submitted by the
C.N.R. showing the protection as now installed at Leslie Street,
Township of North York, Ontario, mileage 11.86 Bala Subdivision.
95360 Aug. 25 — In the matter of the application of the C.P.R. on behalf of Imperial
Oil Limited, for approval of proposed facilities for handling and
storage of flammable liquids at Pennant, Saskatchewan.
95361 Aug. 25 — In the matter of the application of the Manitoba Dept. of Public
Works for authority to widen the highway where it crosses the
C.N.R. at mileage 163.95 Gladstone Subdivision, Manitoba.
95362 Aug. 25 — In the matter of the application of the B.C. Electric Company Ltd.,
for authority to construct a gas main across and under the company
pipe line of the Trans Mountain Oil Pipe Line Company on Broad-
way Avenue, northwest of Lyndhurst Street, Burnaby, B.C.
95363 Aug. 25 — Approving C.N.R. revised Plan No. SD-3295C showing the protection
as now installed at Jane Street, Municipality of Metropolitan
Toronto, Ontario.
95364 Aug. 25 — In the matter of the Manitoba Dept. of Public Works for authority
to widen Highway No. 21 where it crosses the C.N.R. at mileage 16.60
Miniota Subdivision, Manitoba.
95365 Aug. 25 — In the matter of the application of the C.N.R. for approval of
proposed facilities for the handling and storage of flammable liquids
at Gaff Topsail, Newfoundland.
287
95366 Aug. 25 — In the matter of the application of the C.N.R. on behalf of The
British American Oil Co. Limited for approval of facilities for the
handling and storage of flammable liquids at Beardmore, Ontario.
95367 Aug. 25 — Permitting the removal of slow order at the C.N.R. crossing of
Highway No. 36, mileage 44.68 Viking Subdivision, Alberta.
95368 Aug. 25 — In the matter of application of the C.N.R. for approval of proposed
location of facilities for the handling and storage of flammable
liquids at Skull Hill, Newfoundland.
95369 Aug. 25 — In the matter of application of the C.N.R. for approval of proposed
location of facilities for the handling and storage of flammable
liquids at Codroy Pond, Newfoundland.
95370 Aug. 25 — In the matter of the rescinding of Order No. 73656 respecting
facilities of The Skinner Company Limited for handling and storage
of flammable liquids at Oshawa, Ontario.
95371 Aug. 25 — In the matter of the application of the C.N.R. for approval of
proposed location of facilities for the handling and storage of
flammable liquids at Kitty's Brook, Newfoundland.
95372 Aug. 25 — In the matter of the application of the C.N.R. for approval of plan
showing proposed facilities for the handling and storage of flammable
liquids at Clarenville, Newfoundland.
95373 Aug. 25 — Approving application of the Township of McDougall, Ontario, for
authority to construct the highway over the C.P.R. at mileage 25.64
Parry Sound Subdivision, Ontario.
95374 Aug. 25 — In the matter of the application of the Quebec Dept. of Roads for
the installation of automatic protection at St. Esprit Road, Parish
of L'Epiphanie, mileage 11.35 l'Assomption Subdivision, P.Q.
95375 Aug. 25 — In the matter of approval of tariffs and supplements to tariffs filed
by the Canadian Freight Association under Section 3.
95376 Aug. 25 — In the matter of approval of tariffs and supplements to tariffs filed
by the Canadian Freight Association under Sections 3 and 8.
95377 Aug. 25 — In the matter of the application of the Rural Municipality of Fertile
Belt No. 183, for authority to construct the highway across the
C.N.R. at mileage 116.52 Miniota Subdivision, Saskatchewan.
95378 Aug. 25 — In the matter of the application of the B.C. Fruitlands Irrigation
District to construct an asbestos cement water main across the
company pipe line of Trans Mountain Oil Pipe Line Company, in
the Kamloops Division of the Yale District of B.C.
95379 Aug. 25 — In the matter of the application of the B.C. Fruitlands Irrigation
District for authority to construct an asbestos cement water main
across the company pipe line of Trans Mountain Oil Pipe Line
Company on Westsyde Road, Kamloops Division of Yale District
of B.C.
In the matter of the application of the B.C. Fruitlands Irrigation
District to construct a steel water main across and under the pipe
line of Trans Mountain Oil Pipe Line Company at certain locations
in the Kamloops Division of Yale District of B.C.
In the matter of the application of B.C. Fruitlands Irrigation
District to construct a cement water pipe across and under the pipe
line of Trans Mountain Oil Pipe Line Company at Wawn Road, in
the Kamloops Division of the Yale District of B.C.
In the matter of the application of Westcoast Transmission Company
Limited for an Order granting leave to open for the transportation
of natural gas a portion of its Gathering System in the Peace River
District of B.C.
In the matter of the application of the Quebec Dept. of Roads for
installation of automatic protection at the crossing of the C.N.R.
and the highway, being the second crossing east of station at
Senneterre, P.Q., mileage 137.9 Oskelaneo Subdivision.
95380 Aug. 25—
95381 Aug. 25—
95382 Aug. 25—
95383 Aug. 26—
288
95384
Aug.
26-
— Permitting the removal of slow order at the C.N.R. crossing of
D'Arcy Street, Cobourg, Ontario, mileage 263.45 Oshawa Subdivision.
95385
Aug.
26-
—Permitting the removal of slow order at the C.N.R. crossing north
of the station at Elmvale, Ontario, mileage 19.3 Penetang Subdivision.
95386
Aug.
26-
—In the matter of the application of the C.N.R. for authority to
construct a spur to serve Sylvania Electric (Canada) Limited across
Vulcan Street, Township of Etobicoke, Ontario.
95387
Aug.
27-
—In the matter of tariffs and supplements to tariffs filed by the
Canadian Freight Association under Section 3.
95388
Aug.
27-
—In the matter of the application of The Bell Telephone Company
of Canada for approval of Alternate Appendix "B" to Traffic Agree-
ment between it and Cumberland Telephone System.
95389
Aug.
27-
—In the matter of application of The Bell Telephone Co. of Canada
for approval of Alternate Appendix "B" to Traffic Agreement
between it and The Stroud Telephone Company Limited.
95390
Aug.
27-
—Permitting the removal of slow order at crossing of the C.P.R. and
82nd Avenue Southeast, near Ogden, Alberta, mileage 169.9 Brooks
Subdivision.
95391
Aug.
27-
—Authorizing B.C. Fruitlands Irrigation District to construct a water
main across the company pipe lines of Trans-Mountain Oil Pipe
Line Company in the Kamloops Area of the Yale District of B.C.
95392
Aug.
27-
—Authorizing B.C. Fruitlands Irrigation District to construct a cement
water main across, the company pipe line of Trans-Mountain Oil
Pipe Line Company at Gordonel Road, Kamloops Division of the
Yale District of B.C.
95393
Aug.
27-
—Application of the Manitoba Dept. of Public Works for approval of
i * i n 1 "TV FT j "I * J_ TTT" * — . n ji
certain plans of proposed Metropolitan Winnipeg Bypass across the
C.N.R. in the Rural Municipality of Fort Garry, Manitoba.
95394
Aug.
27-
—Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St-Amable.
95395
Aug.
11-
—Authorizing the Town of Burlington to improve the approach grade
at the crossing of the C.N.R. at mileage 29.53 Oakville Subdivision,
Ontario.
95396
Aug.
27-
—Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.P.R. under Section 8.
95397
Aug.
27-
—Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
95398
Aug.
27-
-Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the C.F.A. under Sections 3 and 8.
95399
Aug.
28-
—Authorizing the C.P.R. to operate under the overhead bridge al
mileage 3.08 Port McNicoll Subdivision, Ontario.
95400
Aug.
28-
—Approving location of the station proposed to be erected at Trochu
/VlUtM Id.
95401
Aug.
28-
-In the matter of Order 88049, dated Feb. 9, 1956, respecting facilities
of Anglo American Exploration Ltd. for the handling and storage
oi ndinmaijie iiquias at Lxuii juaKe, oasKatcnewan, mileage oi.i<
Maple Creek Subdivision.
95402
Aug.
28-
-Authorizing the Township of King to improve the approach grade:
at crossing of the C.N.R. and the highway at mileage 26.10 New-
IIlcilKcL OUDUlVlMOn, ^IlldriO.
98-
— Ill Lilc IlldLLcX Ul UXUcI INO. 1 oa^ft, Qai€Q. J? 6D. <5, laOU, auQ UIUc
75034, dated August 11, 1950, respecting facilities of Shell Oil Cc
of Canada Limited for the handling and storage of flammabl
liquids at Jasper, Alberta.
95404
Aug.
28-
-In the matter of application of the C.P.R. on behalf of Tidewate
Associated Oil Company for extension of temporary permit to loa<
crude oil into tank cars from tank trucks at Frontier, Saskatchewar
289
95405 Aug. 28 — Requiring the C.N.R. to install certain protection at the crossing of
County Road No. 28 west of the station at Kinburn, Ontario.
95406 Aug. 28 — In the matter of application of the C.N.R. for approval of revised
plan showing protection as installed at the crossing of the C.N.R.
and the highway west of Croydon, P.Q.
95407 Aug. 29 — Permitting the removal of slow order at C.N.R. crossing at mileage
10.19 Dunnville Subdivision, Ontario.
95408 Aug. 29 — Permitting the removal of slow order at C.N.R. crossing at mileage
152.78 Clarenville Subdivision, Newfoundland.
95409 Aug. 29 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Telephone System of the
Municipality of the Township of Amherst Island.
95410 Aug. 29 — Authorizing the C.P.R. to remove the caretaker and close the
station at Kingsport, N.S.
95411 Aug. 29 — Authorizing the C.P.R. to remove the caretaker and close the station
at Sheffield Mills, N.S.
95412 Aug. 29 — In the matter of facilities of McColl-Frontenac Oil Company Limited
for the handling and storage of flammable liquids at Aurora, Ontario.
95413 Aug. 29 — In the matter of application of the C.N.R. on behalf of Champlain
Oil Products Limited for approval of proposed location of facilities
for handling and storage of flammable liquids at Dolbeau, P.Q.,
mileage 57.38 Roberval Subdivision.
95414 Aug. 29 — Authorizing the C.N.R. to construct a bridge over the Boisvert River
at mileage 105.8 St. Felicien-Chibougamau Branch Line, Quebec.
95415 Aug. 29 — Authorizing the C.P.R. to remove the station building at Red Mill,
Quebec.
95416 Aug. 29 — Authorizing the C.N.R. to make changes in the protection at the
crossing of its railway and Ste. Croix Boulevard, St. Laurent,
Quebec.
95417 Aug. 29 — Requiring the Dominion Atlantic Railway to install certain protec-
tion at the crossing of Beaver Bank Road, mileage 2.91 Halifax
Subdivision, N.S.
95418 Aug. 29 — Authorizing Consumers' Gas Company to construct a gas main under
the company pipe line of Trans-Northern Pipe Line Company in
Clarkson Road South on Dundas Street, Township of Toronto,
Ontario.
95419 Aug. 29 — Authorizing the Village of La Malbaie to construct McLean Street
West across the C.N.R. at mileage 87.99 Murray Bay Subdivision,
Quebc.
95420 Aug. 29 — Authorizing Trans-Canada Pipe Lines Limited to construct its
company pipe line under the Tomiko River, Township of Lyman,
Ontario.
95421 Aug. 29 — Relieving the C.P.R. from erecting fences between certain mileages
on its Emerson Subdivision, Manitoba.
95422 Aug. 29 — Authorizing the C.P.R. to construct a siding to serve Wilkinson
Company Limited, across North Kent Avenue and Ross Street,
Vancouver, B.C.
95423 Aug. 29 — In the matter of application of Trans-Canada Pipe Lines Limited
for authority to open for the transportation of natural gas a portion
of its company pipe line in the Townships of MacNicol and Gorham,
Ontario.
95424 Aug. 29 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.P.R. under Section 8.
95425 Aug. 29 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 4 at Ayrness, Quebec.
95426 Aug. 29 — Requiring the C.N.R. to install certain protection at the crossing
of Burnham Street, Cobourg, Ontario.
290
95427 Sept.
95428 Sept.
95429 Sept.
95430 Sept.
95431 Sept.
95432 Sept.
95433 Sept.
95434 Sept.
95435 Sept.
95436 Sept.
95437 Sept.
95438 Sept.
2 — In the matter of application of the C.N.R. for authority to recon-
struct the bridge over Interurban Road, in Victoria, B.C., mileage 2.4
Cowichan Subdivision.
2 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on its Lloydminster Subdivision, Saskatchewan.
2 — Authorizing the Rural Municipality of Mankota No. 45, Saskatchewan
to construct the highway across the C.P.R. in the NE£ Sec. 25-5-9-
W3M.
2 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on its Laggan Subdivision, Alberta.
2 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 7 near Pym, Saskatchewan.
2— In the matter of the filing of tariffs by the British Columbia Tele-
phone Company.
2 — Relieving the C.P.R. from erecting cattle guards on both sides of the
crossing of its railway and the highway at mileage 74.72 Broadview
Subdivision, Saskatchewan.
2 — Authorizing the Township of Pittsburgh, Ontario, to improve the
approach grades at the crossing of the township road and the C.N.R.
near Rideau Station, Ontario.
2 — Requiring the C.N.R. to install certain protection at the crossing
of Highway No. 2 and the C.N.R. near Chamberlain, Saskatchewan.
2 — In the matter of application of the C.P.R. to improve the overhead
clearance and proposed roofed-in loading platform on private track
serving MacMillan & Bloedel Ltd. (Alberni Plywood Division) at
Port Alberni, B.C.
2 — Requiring the C.N.R. to install certain protection at crossing of
Third Avenue, Owen Sound, Ontario.
2 — Requiring the C.N.R. to install certain protection at crossing of
Highway No. 6, near Rowatt, Saskatchewan.
t, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
®ran£port Commissioners; for Canatra
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, OCTOBER 15, 1958 No. 14
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Mr. Eugene Lachance for telephone service
from The Bell Telephone Company of Canada.
File No. 29159.703
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
Rosaire Beaudoin, Q.C., for Mr. Eugene Lachance.
P. C. Venne, Q.C., for The Bell Telephone Company of Canada.
Heard at St. Joseph de Beauce, P.Q., on May 6, 1958.
JUDGMENT
Sylvestre, Deputy Chief Commissioner:
This case originated in April 1957, from a complaint of one Eugene
Lachance of St. Jules, County of Beauce, P.Q., to the effect that The Bell
Telephone Company, hereinafter referred to as ''Bell", refused to give him
telephone service when such service was given to his neighbour, Mr. Ronaldo
Pare.
The Facts are: —
The Applicant resides in the Parish of St. Jules, County of Beauce, Quebec,
on a county road dividing "Rang" No. 2 from "Rang" No. 3 which, for the
purpose of this case, I call the "East Broughton-St. Victor Road". The Applicant
owns land in both "Rang" No. 2 and "Rang" No. 3 and his residence is
located some 25 feet from and fronting the East Broughton-St. Victor Road
on "Rang" No. 2.
The property immediately adjacent to his on the northwest side thereof
is owned by one Ronaldo Pare. Part of Mr. Pare's property fronts on the
East Broughton-St. Victor Road also in "Rang" No. 2, and the other part
fronts on a road called the St. Jules Road. The St. Jules Road begins at the
East Broughton-St. Victor Road and runs in a northeast-southwest direction
towards the Village of St. Jules, County of Beauce.
62606-9—1
291
292
Starting at approximately three miles from St. Victor and proceeding in a
northwest direction, La Compagnie de Telephone des Rangs Nos 2 et 3 de St.
Victor Nord, hereinafter referred to as the "Small Company", has been operat-
ing a telephone service since 1918 when it was organized as a chartered
co-operative. In 1924 the Small Company applied to the Lieutenant-Governor
in Council (Quebec) for letters patent which were issued under the Quebec
Telephone Companies Act, ch. 298 R.S.Q. 1941, incorporating the Small
Company under the name and title just mentioned. The charter provides,
among other things, "the said company has a telephone line covering the
distance of three and one-half miles with the point of origin at three miles
from the Village of St. Victor, Beauce, and continuing along the road located
between "Rangs" Nos. 2 and 3 of the said Parish of St. Victor, over a distance
of two miles, and then running perpendicularly for a distance of eleven
arpents along the county road towards East Broughton, County of Beauce,
and another eleven arpents towards the Parish of St. Jules, County of Beauce,
along the said county road, then northwest, a distance of twenty arpents, and
terminating in the said Parish of St. Jules, Beauce"; the charter further pro-
vides "that the said company has and will have for result to direct their
transactions in the Parish of St. Victor or in any other place where new share-
holders would like to have a telephone in their residence."
The evidence shows that the telephone service given by the Small Com-
pany is far from satisfactory. Two witnesses stated that on that line they
cannot communicate farther than with the second neighbour and if they want
to communicate farther they must use what they call an interpreter, and the
Applicant does not want that service because it would be useless for him.
The last subscriber of the Small Company is Aime Pare, whose property is
located in "Rang" No. 3 fronting that part of Mr. Ronaldo Pare's property
which fronts the East Broughton-St. Victor Road. As the St. Jules Road does
not cross the East Broughton-St. Victor Road, Mr. Aime Pare's property
fronts on the East Broughton-St. Victor Road. All the telephone poles of the
Small Company are located along the East Broughton-St. Victor Road in
"Rang" No. 2 with the exception of the last pole, which is on the property
of Mr. Aime Pare in "Rang" No. 3.
From East Broughton running in the direction of St. Victor, Bell has a
telephone line strung on the poles of the Shawinigan Water and Power
Company which are located along that road in "Rang" No. 3. On that road,
Bell has eight subscribers. The last pole on which Bell's lines are strung
on the East Broughton-St. Victor Road in "Rang" No. 3 is just short of the
St. Jules Road. Bell's lines then cross the East Broughton-St. Victor Road in
an oblique manner to the northeast side of the East Broughton-St. Victor Road
on "Rang" No. 2; then across the St. Jules Road to a pole on Ronaldo Pare's
property and then to Ronaldo Pare's residence which, Counsel for Bell states
is fronting on the St. Jules Road.
Both Ronaldo Pare and the Applicant are farmers and animal traders,
reside in the Parish of St. Jules de Beauce and according to the Small Com-
pany's charter are both within the territory served by the Small Company.
Until Bell furnished telephone service to Mr. Ronaldo Pare, the last pole
on which Bell's lines were strung was located in "Rang" No. 3, some 350 feet
from Mr. Ronaldo Pare's residence.
Mr. Lachance applied to Bell for telephone service which was refused.
Position Taken by Bell: —
When the Applicant's complaint was referred to Bell for its submissions,
in one of its communications, Bell stated "In order that this Company serve
Mr. Lachance an arrangement whereby La Compagnie de St. Victor would
agree to this Company entering their territory, passing their customer, Mr.
293
Aime Pare, and probably permitting this Company to attach a line to four of
their poles would be necessary." Bell further stated that it had discussed the
matter with La Compagnie de Telephone de St. Victor which is not disposed to
relinquishing any territory which it now serves, but is willing to serve Mr.
Lachance.
In a subsequent communication, Bell stated "A secondary consideration is
the entry by our Company into another company's territory to serve an
Applicant who should be served by the latter company. The company is
unwilling to have us do so and we respectfully submit that we should recognize
the limits of its operating territory to the same extent that we should expect
if the conditions were reversed." The first stand of Bell was that it could not
give the service to the Applicant because in doing so it would be entering
into the territory of La Compagnie de Telephone de St. Victor; it would require
an arrangement whereby La Compagnie de Telephone de St. Victor would
agree to Bell's entering its territory and require permission from La Compagnie
de Telephone de St. Victor to attach a line to four of its poles.
At the hearing it was established that the company that could furnish
telephone service to the Applicant in that area was not La Compagnie de Tele-
phone de St. Victor but La Compagnie de Telephone des Rangs 2 et 3 de St.
Victor Nord. The evidence further disclosed that Bell's telephone lines are
strung to the Shawinigan Water and Power Company poles, and that to serve
Mr. Lachance all Bell would be required to do would be to string its line to
six more of the Power Company's poles, one of which is on Mr. Lachance's
property in "Rang" No. 3, and in doing so Bell would have to pay the Power
Company two dollars per pole per annum.
The evidence further disclosed that the Small Company had not voiced
any opposition to Bell's entering its territory except at the hearing itself. Two
resolutions made by the Small Company, one about a week before the hearing,
are only to the effect that the Small Company wishes to retain its territory..
The resolutions read as follows:
"St. Victor de Beauce,
November 22, 1956.
A resolution was passed by the Board of Directors in reply to the
Public Service Board regarding the case of Eugene Lachance from
St. Jules, Beauce. It was decided by the Board of Directors to retain
our rights, as indicated on the chart.
(sgd) Ernest Cliche, Manager,
Louis Philippe Pare, Secretary,
St. Victor de Beauce, R.R. No. 1."
"St. Victor de Beauce,
April 28, 1958.
A resolution was passed by the Board of Directors. All the Directors
were present and it was proposed by Aime Pare, seconded by Philippe
Groleau, that we retain the whole of our territory as shown on the
chart.
Carried unanimously.
(sgd) Philippe Doyon, President,
Louis Philippe Pare, Secretary,
St. Victor de Beauce, R.R. No. 1."
Nothing in these two resolutions would tend to indicate an objection by the
Small Company to Bell serving Mr. Lachance, nor to Bell entering its territory.
It is merely a statement indicating that the Small Company does not wish to
relinquish any part of its territory.
62606-9 —
294
Even if the Small Company had objected Bell still had the power to
grant Mr. Lachance his application for telephone service.
The second point raised by Bell was that raised by Mr. Munnoch, General
Counsel and Vice-President of the Company, who, in a letter addressed to the
Board, dated February 24, 1958, submitted that from the facts before him it
appears that the Company is not giving a general service in the territory
involved, that in fact such general service is given by La Compagnie de
Telephone de St. Victor. Mr. Munnoch stated that Bell has not constructed
a main or branch telephone service or system along, over, under or upon the
highway, street, lane or other place upon which the residence of Mr. Lachance
is fronting.
Because this case is decided on some other grounds I do not think that
I shall have to decide or rule as to whether or not Bell is giving a general
service in that area.
The third point on which Bell based its objection or opposition to giving
telephone service to Mr. Lachance is that Mr. Lachance's residence is more
than 200 feet from its nearest line. I am not prepared to accept Bell's sub-
missions in this respect; however, let us review —
Section 2, ch. 41 of the Statutes of Canada, 1902, which imposes upon Bell 1
the obligation to give telephone service, reads as follows:
"Upon the application of any person, firm or corporation within the
city, town or village or other territory within which a general service is
given and where a telephone is required for any lawful purpose, the
Company shall, with all reasonable despatch, furnish telephones, of the
latest improved design then in use by the Company in the locality, and
telephone service for premises fronting upon any highway, street, lane or
other place along, over, under or upon which the Company has constructed, j
or may hereafter construct, a main or branch telephone service or system,
upon tender or payment of the lawful rates semi-annually in advance,
provided that the instrument be not situate further than two hundred feet
from such highway, street, lane or other place."
In other words, section 2 states: that subject to certain conditions Bell shall
with all reasonable despatch furnish telephones of the latest improved design
then in use by the Company in the locality and telephone service to any person,
firm or corporation applying therefor. The conditions are —
(1) that a general service is given within the city, town or village or
other territory within which such person, firm or corporation is;
(2) that a telephone is required for any lawful purpose;
(3) the premises is fronting upon a highway, street, lane or other place
along, over, under or upon which the Company has constructed or
may hereafter construct a main or branch telephone service or system;
(4) that the lawful rates be tendered or paid semi-annually in advance;
and
(5) that the instrument is not situated further than 200 feet. from such
highway, street, lane or other place.
If any one of these conditions is not met with I believe that the Applicant
does not come within the scope of section 2 and that Bell is not under statutory
obligation to furnish the telephone and telephone service therein provided.
The fact that the Applicant's residence is fronting upon, and less than 200
feet from the East Broughton-St. Victor road is not sufficient to bring him
within the scope of ch. 41 with respect to conditions 3 and 5 above mentioned,
notwithstanding that no main or branch telephone service or system is con-
structed on that portion of the highway upon which his property is fronting.
295
In the interpretation of Statutes if the language is ambiguous and admits
of two views, that view must not be allowed which leads to manifest incon-
venience or to injustice and absurdity.
In interpreting section 2 of ch. 41 I find that the language is ambiguous
and admits of two views — as to the "fronting" and the "200 feet" therein
mentioned. One of these views which I cannot admit because it would lead to
inconvenience, injustice and absurdity is that Bell would be under a statutory
obligation to give telephone and telephone service to any applicant whose
premises would be fronting and less than 200 feet from a road upon which a
great distance away Bell would have a main or branch telephone service or
system. Such view, carried to the extreme could lead to sheer absurdity.
The other view is that the Company is under the statutory obligation to give
telephone service to an applicant who meets all the other conditions contained
in section 2 and whose premises are fronting upon and less than 200 feet from
that portion of the highway upon which Bell has constructed a main or branch
telephone service or system. Because a main or branch telephone service or
system is not constructed along, over, under or upon that portion of the East
Broughton-St. Victor Road upon which Mr. Lachance's property is fronting,
I am of the view that his case does not come within the scope of section 2 of
ch. 41, and, consequently, this Board cannot order Bell to give the Applicant
the telephone and telephone service applied for. Having ruled that the
Applicant does not meet conditions 3 and 5 I find it unnecessary to rule on
the other conditions.
The fact remains that Bell has given telephone and telephone service to
Ronaldo Pare whose premises are not fronting on that portion of East
Broughton-St. Victor Road upon which a main or branch telephone service
or system of Bell is constructed. It seems that because both the Applicant and
Mr. Pare reside in the same area, fronting the same road, engaged in the
same business, and, as a matter of fact, are competitors, a discrimination exists.
Can the Board order Bell to remove such discrimination? In the Tinkess
case, 20 C.R.C. 249, the Board has outlined its views respecting its jurisdiction
in regard to operating conditions of the Company. At page 253, after enumer-
ating the sections which do not apply to Bell the Board made the following
statement:
"When the remaining sections are looked to, it will be found that
the jurisdiction conferred upon the Board in respect of telephone com-
panies is a rate jurisdiction, including under such rate jurisdiction the
provisions of the Railway Act in regard to discrimination.
The Board is given by Parliament an extensive jurisdiction over
railway companies in regard to operating conditions. The same extensive
jurisdiction is not given in respect of operation of telephone lines. Further,
as has been indicated, Parliament has recognized that even in the case
of the sections of the Railway Act which are not excepted from the
jurisdiction conferred in respect of telephone companies, there may be
some doubt as to the applicability of such sections, for it is provided that
they are to apply "in so far as reasonably applicable and not inconsistent
with this Part of the Special Act." That is to say, the Board has to
consider, on the particular facts, whether the section invoked is applicable.
Reference has been made above to the extensive group of sections
dealing with operating conditions which are not applicable to the telephone
companies subject to the Board's jurisdiction. One of the excepted sections,
viz., sec. 284, is especially significant. This is concerned with accommoda-
tion for traffic and deals with the physical facilities which the Board may
require therefor. Sec. 317 of the Railway Act, which is not excepted,
296
also deals with facilities for traffic; but this is concerned with the reason-
able and proper facilities for traffic for "receiving, forwarding, and
delivering of traffic upon and from their several railways, for the inter-
change of traffic between the respective railways, and for the return of
rolling stock." This section shows that its general intent is to see that
reasonable and proper facilities are available for the handling of through
traffic, that is from the line of one company to that of another. Such
inter-line business is not involved here.
As has been indicated, the Board's powers, under the Railway Act,
are as conferred by the amending legislation of 1908 (ch. 61, 7-8 Edw. VII).
The question of the scope of the jurisdiction conferred upon the Board
under this legislation came up on June 21, 1910, in the application of the
proprietors of the Russell House for an order fixing the charges to be
made by the Bell Company and directing that company to install room
instruments. Oral judgment was given at the hearing by Chief Com-
missioner Mabee, who said:
'The Act may be regarded as lame in the way it stands in reference
to this matter. On the other hand, it may have been intended by
Parliament that, with reference to these telephone companies, there
should be control over the tolls only, and that they should not be
required, as railway companies are, to grant facilities.
The facility clauses of the Railway Act are all exempt in the section
bringing telephones under the control of the Board, and the result is
that it is quite impossible to make any order.'
The only control over extension of physical facilities which the Board
possesses in respect to the Bell Telephone Company is under the Board's
power to see to the enforcement of the Special Act as
contained in the Act of 1902, ch. 41 of the statutes of that year
The present complaint does not fall within the terms of what the
Board may do in respect of enforcing the provisions of the sections in the
Special Act of 1902 above referred to."
Conclusions:
After taking into serious consideration all the facts and the law applicable
to this particular case I find that:
(1) There is no main or branch telephone service or system of Bell
constructed on that portion of the East Broughton-St. Victor Road
upon which the Applicant's premises is fronting.
(2) Because of (1)
(a) Bell is not under the statutory obligation provided in section 2
of ch. 41 of the Statutes of Canada, 1902, of giving telephone and
telephone service to the Applicant; and,
(b) consequently, the Board has no power to order Bell to grant Mr.
Lachance's application.
(3) Notwithstanding the opposition, if any, made by the Small Company,
Bell may give Mr. Lachance the telephone and telephone service.
(4) Bell discriminates against the Applicant in not giving him the tele-
phone and telephone service which Bell has given to Mr. Pare, both
parties being in the same circumstances and conditions.
(5) The Board has no power to order Bell to remove a discrimination of
that nature.
297
Although I feel that the Company should grant Mr. Lachance's application,
I find no power which would permit me to order Bell either to give the
Applicant the telephone service he applied for, or to remove such discrimination,
and it is with reluctance that I dismiss the Applicant's petition.
Application dismissed.
August 26, 1958.
A. SYLVESTRE
I concur:
Frank M. MacPherson
I concur:
H. B. Chase.
298
(Traduction)
Relativement a la demande de M. Eugene Lachance en vue d'obtenir le service
telephonique de la Compagnie de telephone Bell du Canada.
Dossier n° 29159.703
Devant:
M. A. Sylvestre, C.R., Commissaire en chef suppleant.
M. F. M. MacPherson, Commissaire.
M. H. B. Chase, C.B.E., Commissaire.
Ont comparu:
M. Rosaire Beaudoin, C.R., pour M. Eugene Lachance.
M. P. C. Venne, C.R., pour la Compagnie de telephone Bell du
Canada.
Cause entendue a Saint-Joseph de Beauce, P.Q. le 6 mai 1958.
JUGEMENT
A. Sylvestre, Commissaire en chef suppleant:
Ce cas remonte au mois d'avril 1957, alors qu'un nomme Eugene Lachance,
de Saint-Jules, comte de Beauce, P.Q., a porte plainte a Ferret que la Compagnie
de telephone Bell, ci-apres appelee "compagnie Bell", refusait de lui donner le
service telephonique alors qu'elle le donnait a son voisin, M. Ronaldo Pare.
Voici les faits:
Le requerant est domicilie dans la paroisse de Saint-Jules, comte de Beauce,
P.Q., sur une route de comte qui separe le rang n° 2 du rang n° 3, qu'aux fins
de la presente cause j'appellerai "route East Broughton-Saint-Victor". Le
requerant est proprietaire de terres tant dans le rang n° 2 que dans le rang
n° 3, et la maison qu'il habite est situee dans le rang n° 2, a quelque vingt-cinq
pieds de la route East Broughton-Saint-Victor a laquelle elle fait face.
La propriete contigue a la sienne, du cote nord-ouest est celle de M.
Ronaldo Pare. Une partie de la propriete de M. Pare fait face a la route East
Broughton-Saint-Victor, egalement dans le rang n° 2, et l'autre partie fait
face a une route appelee "route Saint-Jules". La route Saint-Jules commence
a la route East Broughton-Saint-Victor et, orientee nord-est-sud-ouest, conduit
en direction du village de Saint-Jules, dans le comte de Beauce.
A partir de trois milles environ de Saint-Victor et en se dirigeant vers
le nord-ouest, la Compagnie de Telephone des Rangs nos 2 et 3 de Saint-
Victor Nord, ci-apres appelee "Petite compagnie", exploite un service tele-
phonique depuis 1918, date a laquelle elle a ete organisee en cooperative a
charte. En 1924, la Petite compagnie s'adressait au lieutenant-gouverneur en
conseil (Quebec) arm d'obtenir des lettres patentes, lesquelles lui furent
delivrees en vertu de la Loi des compagnies de telephone du Quebec, ch. 298,
S.R.Q. 1941, constituant en corporation la Petite compagnie sous le nom
mentionne ci-dessus. La charte specific, entre autres choses, "que ladite
Compagnie a une ligne telephonique et sur une distance de trois milles et demi et
a son point d'origine a trois milles du village de Saint-Victor, Beauce, pour
continuer le long de la route situee entre les deuxieme et troisieme rangs de
ladite paroisse de Saint-Victor, sur une distance de deux milles, pour faire
ensuite une equerre sur une distance de onze arpents en suivant la route du
comte en allant vers East Broughton, comte de Beauce, et pour onze autres
arpents en allant vers la paroisse de Saint-Jules, comte de Beauce, le long de
299
ladite route du comte, en se dirigeant ensuite vers le nord-ouest sur une
distance de vingt arpents et s'arreter a ladite paroisse de Saint- Jules, Beauce";
la charte specifie en outre "que ladite compagnie a et aura pour effet de
conduire ses operations dans la paroisse de Saint- Victor ou a tout autre endroit
ou de nouveaux actionnaires desireraient avoir le telephone a leur domicile".
La preuve a etabli que le service telephonique assure par la Petite compa-
gnie est loin d'etre satisfaisant. Deux temoins ont declare que sur cette ligne, ils
ne peuvent pas communiquer plus loin qu'avec le deuxieme voisin et que, s'ils
veulent communiquer plus loin, il leur faut avoir recours a ce qu'ils appellent
un interprete, et le requerant ne veut pas avoir cette sorte de service parce
qu'il ne lui serait pas utile.
Le dernier abonne de la Petite compagnie est M. Aime Pare, dont la pro-
priety est situee dans le rang n° 3 et fait face a la partie de la propriete de
M. Ronaldo Pare qui donne sur la route East Broughton-Saint-Victor. Comme la
route Saint-Jules ne traverse pas la route East Broughton-Saint-Victor, la
propriete de M. Aime Pare fait face a la route East Broughton-Saint-Victor.
Tous les poteaux telephoniques de la Petite compagnie sont situes le long de la
route East Broughton-Saint-Victor, dans le rang n° 2, a l'exception du dernier
poteau qui est situe sur la propriete de M. Aime Pare, dans le rang n° 3.
A partir d'East Broughtom en direction de Saint-Victor, la compagnie Bell
a une ligne telephonique montee sur les poteaux de la Shawinigan Water and
Power Company, lesquels sont situes le long de cette route, dans le rang n° 3.
La compagnie Bell a huit abonnes sur cette route. Le dernier poteau sur
lequel sont montees les lignes de la compagnie Bell sur la route East Broughton-
Saint-Victor, dans le rang n° 3, est situe a tres peu de distance de la route
Saint-Jules. Les lignes de la compagnie Bell traversent ensuite la route East
Broughton-Saint-Victor, obliquement pour atteindre le cote nord-est de la
route East Broughton-Saint-Victor, dans le rang n° 2; elles traversent ensuite
la route Saint-Jules pour se rendre a un poteau situe sur la propriete de M.
Ronaldo Pare, et de la aboutissent a la maison de M. Ronaldo Pare, laquelle,
selon l'avocat de la compagnie Bell, fait face a la route Saint-Jules.
M. Donaldo Pare et le requerant sont tous deux cultivateurs et marchands
d'animaux et sont domicilies dans la paroisse de Saint-Jules de Beauce. Selon
la charte de la Petite compagnie, ils se trouvent tous deux dans le territoire
desservi par la Petite compagnie.
Avant que la compagnie Bell assure le service telephonique a M. Ronaldo
Pare, le dernier poteau sur lequel etaient montees les lignes de la compagnie
Bell etait situe dans le rang n° 3, a quelque trois cent cinquante pieds de la
maison de M. Ronaldo Pare.
M. Lachance a fait a la compagnie Bell une demande de service tele-
phonique, mais le service lui a ete refuse.
Position prise par la compagnie Bell:
Lorsque la plalnte du requerant a ete portee a la connaissance de la
compagnie Bell pour que cette derniere soumette ses vues, la compagnie Bell,
dans une de ses communications, declarait: "Pour que notre compagnie puisse
servir M. Lachance, il faudrait une entente par laquelle la Compagnie de Saint-
Victor consentirait a ce que notre compagnie penetre sur son territoire, passe
devant son client, M. Aime Pare, et il faudrait probablement aussi qu'elle
permette a notre compagnie d'attacher une ligne a quatre de ses poteaux".
La compagnie Bell declarait en outre qu'elle avait discute de la question avec
la Compagnie de Telephone de Saint-Victor, laquelle n'est disposee a abandon-
ner aucune partie du territoire qu'elle dessert actuellement, mais elle serait
prete a desservir M. Lachance.
62606-9—2
300
Dans une communication ulterieure, la compagnie Bell declarait: "Une
deuxieme chose a considerer est l'entree de notre compagnie dans le territoire
d'une autre compagnie en vue de desservir un requerant qui devrait etre
desservi par cette autre compagnie. La compagnie ne consent pas a nous laisser
agir de la sorte, et nous emettons respectueusement l'opinion que nous devons
respecter les limites de son territoire d'exploitation dans la meme mesure que
nous voudrions voir les notres respectees si les conditions etaient l'inverse".
Dans la premiere position qu'elle a prise, la compagnie Bell declarait ne pas
pouvoir assurer le service au requerant parce que, pour le faire, il lui faudrait
empieter sur le territoire de la Compagnie de Telephone de Saint- Victor; il
lui faudrait une entente par laquelle la Compagnie de Telephone de Saint-
Victor consentirait a ce que la compagnie Bell penetre sur son territoire, et il
faudrait que la Compagnie de Telephone de Saint-Victor lui accorde la permis-
sion d'attacher une ligne a quatre de ses poteaux.
Lors de l'audience, il a ete etabli que la compagnie qui pourrait assurer
le service telephonique au requerant dans cette region n'etait pas la Compagnie
de Telephone de Saint-Victor, mais la Compagnie de Telephone des Rangs 2
et 3 de Saint-Victor Nord. La preuve a en outre revele que les lignes tele-
phoniques Bell sont montees sur les poteaux de la Shawinigan Water and
Power Company et que, pour desservir M. Lachance, tout ce que la compagnie
Bell aurait a faire serait de monter sa ligne sur six autres poteaux de la
compagnie d'electricite, dont l'un est situe sur la propriete de M. Lachance, dans
le rang n° 3. La compagnie Bell devrait alors payer deux dollars par poteau
par annee a la compagnie d'electricite.
La preuve a egalement revele que la Petite compagnie n'avait exprime
aucune opposition a l'entree de la compagnie Bell sur son territoire, sauf lors
de l'audience elle-meme. Deux resolutions adoptees par la Petite compagnie,
dont l'une environ une semaine avant l'audience, portent simplement que la
Petite compagnie desire garder son territoire. Les resolutions se lisent comme
suit:
"Saint-Victor de Beauce,
le 22 novembre 1956.
Une resolution a ete passee par le bureau de direction pour repondre
a la Regie des services publics pour l'affaire avec Eugene Lachance
de Saint-Jules, Beauce. II a ete decide par le bureau de direction de
garder nos droits, tels qu'ils sont sur la charte.
(signe) Ernest Cliche, gerant
Louis-Philippe Pare, secretaire
Saint-Victor de Beauce, R.R. n° 1."
"Saint-Victor de Beauce,
le 28 avril 1958.
Une resolution a ete passee par le bureau de direction. Tous les
directeurs etaient presents. II a ete propose par Aime Pare, seconde
par Philippe Groleau que nous gardions tout notre territoire tel qu'il
est sur la charte.
Adopte unanimement.
(signe) Philippe Doyon, president
Louis-Philippe Pare, secretaire
Saint- Victor de Beauce, R.R. n° 1."
II n'y a rien dans ces resolutions qui semble indiquer que la Petite compagnie
s'oppose a ce que la compagnie Bell desserve M. Lachance, ni que la compagnie
Bell n'entre dans son territoire. II ne s'agit que d'une simple indication du desir
de la Petite compagnie de n'abandonner aucune partie de son territoire.
301
Meme si la Petite compagnie s'y etait opposee, la compagnie Bell avait
encore le pouvoir d'acceder a la demande de service telephonique faite par
M. Lachance.
La deuxieme question soulevee par la compagnie Bell est celle soulevee
par M. Munnoch, avocat general et vice-president de la Compagnie, qui, dans
une lettre adressee a la Commission, en date du 24 fevrier 1958, declarait que,
d'apres les faits soumis, il paraissait evident que la Compagnie n'assurait pas
de service general dans le territoire en cause, mais qu'en fait un tel service
general etait assure par la Compagnie de Telephone de St- Victor. M. Munnoch
affirmait que la compagnie Bell n'a pas construit de service ou systeme tele-
phonique principal ou d'embranchement le long, au-dessus, ou au-dessous de la
voie publique, rue, ruelle ou autre lieu sur lequel donne la residence de
M. Lachance.
Vu que la presente cause est jugee sur d'autres raisons, je ne crois pas
avoir a decider ou juger si la compagnie Bell assure ou non un service general
dans cette zone.
Le troisieme point sur lequel la compagnie Bell a base son objection ou
opposition a assurer le service telephonique a M. Lachance est que la residence
de M. Lachance est situee a plus de deux cents pieds de sa ligne la plus
rapprochee. Je ne suis pas pret a accepter les allegations de la compagnie Bell
sous ce rapport; cependant, passons les faits en revue:
L'article 2 du chapitre 41 des Statuts du Canada de 1902, qui impose a la
compagnie Bell l'obligation d'assurer le service telephonique, se lit ainsi:
"Sur la demande de toute personne, compagnie ou corporation dans
une cite, ville ou village, ou autre territoire, ou il se donne un service
general et ou un telephone est demande pour quelque objet legitime, la
compagnie devra, avec toute diligence raisonnable, fournir des telephones
du dernier type ameliore dont fera alors usage la compagnie dans la
localite, et un service de telephone pour les proprietes situees sur toute voie
publique, rue, ruelle ou autre lieu, sur ou sous lesquels la compagnie a
etabli ou pourra etablir ci-apres un service ou systeme principal ou
d'embranchement de telephone, sur l'offre ou le paiement semi-annuel et
d'avance des taux legaux; pourvu que l'instrument ne soit pas place au dela
de deux cents pieds de la voie publique, rue, ruelle ou autre lieu."
En d'autres termes, Particle 2 dit que sous reserve de certaines conditions, la
compagnie Bell devra, avec toute diligence raisonnable fournir des appareils
telephoniques du dernier type ameliore dont fera alors usage la compagnie
dans la localite, et assurer un service telephonique a toute personne, compagnie
ou corporation qui en aura fait la demande. Les conditions sont les suivantes:
(1) Un service general est donne dans la cite, ville ou village, ou autre
territoire dans lequel une telle personne demeure ou une telle
compagnie ou corporation est situee;
(2) Un appareil telephonique est demande pour quelque objet legitime;
(3) Les proprietes donnent sur une voie publique, rue, ruelle ou autre lieu
le long, au-dessus ou au-dessous desquels la compagnie a construit
ou pourra construire par la suite un service ou systeme telephonique
principal ou d'embranchement;
(4) Les taux legaux sont offerts ou payes semi-annuellement et d'avance;
et
(5) L'instrument n'est pas place au dela de deux cents pieds de la voie
publique, rue, ruelle ou autre lieu.
62606-9— 2i
302
Si Tune quelconque de ces conditions n'est pas remplie, je crois que l'article 2
ne s'applique pas au requerant et que la compagnie Bell n'est pas tenue, aux
termes de la loi, de fournir un appareil telephonique et d'assurer le service
telephonique qui s'y rattache.
Le fait que la residence du requerant donne sur la route East Broughton-
Saint-Victor et se trouve a moins de deux cents pieds de celle-ci ne suffit pas
pour que le chapitre 41 s'applique a son cas en ce qui concerne les conditions 3
et 5 mentionnees ci-dessus, meme si aucun service ou systeme telephonique
principal ou d'embranchement n'est construit sur la partie de la voie publique
sur laquelle donne sa propriete.
Dans Interpretation de la loi, si la phraseologie est ambigue et prete a
double sens, le sens qui conduit a un inconvenient manifeste ou a une injustice
et une absurdite ne doit pas etre admis.
En interpretant l'article 2 du chapitre 41, je trouve que la phraseologie
est ambigue et prete a double sens pour ce qui est de "est situee" et de "deux
cents pieds" dont il y est fait mention. L'un de ces sens que je ne puis admettre
parce qu'il menerait a un inconvenient, a une injustice et a une absurdite est
que la compagnie Bell soit tenue, aux termes de la loi, de fournir un appareil
et le service telephonique a tout requerant dont la propriete ferait face a et
serait a moins de deux cents pieds d'une route sur laquelle, a une grande
distance, la compagnie Bell aurait un service ou systeme telephonique principal
ou d'embranchement. Un tel sens, pousse a l'extreme, pourrait conduire a de
pures absurdites. L'autre sens est que la Compagnie est tenue, aux termes
de la loi, d'assurer le service telephonique a un requerant qui remplit toutes
les autres conditions contenues dans l'article 2 et dont la propriete fait face
a et se trouve a moins de deux cents pieds de cette partie de la voie publique
sur laquelle la compagnie Bell a construit un service ou systeme telephonique
principal ou d'embranchement. Parce qu'un service ou systeme telephonique
principal ou d'embranchement n'est pas construit le long, au-dessus ou au-
dessous de cette partie de la route East Broughton-Saint-Victor sur laquelle
donne la propriete de M. Lachance, je suis d'avis que l'article 2 du chapitre 41
ne s'applique pas a son cas et, en consequence, la Commission ne peut ordonner
a la compagnie Bell de donner au requerant l'appareil et le service telephonique
dont il a fait la demande. Ayant decide que le requerant ne remplit pas les
conditions 3 et 5, je suis d'avis qu'il n'est pas necessaire de me prononcer sur
les autres conditions.
II n'en reste pas moins que la compagnie Bell a donne un appareil et le
service telephonique a M. Ronaldo Pare dont la propriete ne donne pas sur
cette partie de la route East Broughton-Saint-Victor sur laquelle est construit
un service ou systeme telephonique principal ou d'embranchement de la com-
pagnie Bell. Etant donne que le requerant et M. Pare demeurent tous deux
dans la meme localite, ont leur propriete donnant sur la meme route, font le
meme genre d'affaires et, en fait, sont deux concurrents, il semble y avoir
discrimination. La Commission peut-elle ordonner a la compagnie Bell de
faire disparaitre cette distinction? Dans la cause de Tinkess, 20 C.R.C. 249,
la Commission a donne un apercu de la portee de sa juridiction en ce qui
concerne les conditions d'exploitation de la Compagnie. A la page 253, apres
avoir enumere les articles qui ne s'appliquent pas a la compagnie Bell, la
Commission declare:
"A l'etude des autres articles, on trouvera que la juridiction qui a ete
conferee a la Commission en ce qui a trait aux compagnies telephoniques
est une juridiction concernant les taxes, englobant sous cette juridiction
de taxes les dispositions de la Loi sur les chemins de fer relatives a la
discrimination.
303
Le parlement confere a la Commission une juridiction etendue sur les
compagnies de chemin de fer en ce qui concerne les conditions d'exploita-
tion. Elle n'a pas la meme juridiction etendue quant a l'exploitation des
lignes telephoniques. De plus, comme il a ete demontre, le Parlement a
reconnu que, meme dans le cas des articles de la Loi sur les chemins de
fer qui ne font pas I'objet d'une exception quant a la juridiction conferee
a la Commission relativement aux compagnies telephoniques, il peut
exister un certain doute au sujet de l'application de ces articles, car il est
prevu qu'ils ne devront s'appliquer "qu'en tant qu'ils sont raisonnablement
applicables et non incompatibles avec la presente Partie de la loi speciale".
C'est dire que la Commission doit decider, d'apres les faits particuliers, si
l'article invoque est applicable.
II a ete fait mention plus haut du nombre important d'articles traitant
des conditions d'exploitation qui ne s'appliquent pas aux compagnies tele-
phoniques soumises a la juridiction de la Commission. L'un des articles
faisant I'objet d'une exception, l'article 284, est particulierement signifi-
catif . II a trait aux amenagements de traflc et se rapporte aux installations
materielles que la Commission peut exiger a cet effet. L'article 317 de la
Loi sur les chemins de fer qui ne fait pas I'objet d'une exception, traite
aussi des facilites de transport; mais il s'agit des facilites raisonnables et
convenables de transport pour "la reception, l'expedition et la livraison
des marchandises a destination ou en provenance de leurs chemins de fer,
et pour l'echange des transports entre leurs chemins de fer respectifs et
la rentree du materiel roulant". Cet article montre que son intention
generale est de voir a ce que des facilites raisonnables et convenables soient
disponibles pour le service du trafic direct, c'est-a-dire de la ligne d'une
compagnie a celle d'une autre. II n'est pas question ici d'operations inter-
lignes.
Comme il a ete demontre, les pouvoirs de la Commission, en vertu
de la Loi sur les chemins de fer, sont ceux qui lui ont ete conferes par la
legislation modifiee de 1908 (ch. 61, 7-8 Edouard VII). La question de la
portee de la juridiction conferee a la Commission en vertu de cette legisla-
tion a ete soulevee le 21 juin 1910, dans la requete des proprietaires de la
Maison Russell pour une ordonnance etablissant le cout a etre impose
par la compagnie Bell et l'enjoignant d'installer des appareils dans les
chambres. Un jugement oral, rendu a l'audience par le commissaire en
chef Mabee, dit:
'On peut considerer la Loi comme boiteuse relativement a cette affaire.
Par contre, c'etait peut-etre l'intention du Parlement de n'assujettir
ces compagnies telephoniques a la juridiction de la Commission qu'en
matiere de taxes, et de ne pas les obliger, comme dans le cas des
compagnies de chemin de fer, a assurer des installations.
Aucune des clauses relatives aux installations de la Loi sur les chemins
de fer n'est applicable aux termes de l'article assujettissant les tele-
phones a la juridiction de la Commission, et il en resulte qu'il est
tout a fait impossible de rendre quelque ordonnance que ce soit.'
Le seul controle sur l'extension des installations materielles que la
Commission possede en ce qui concerne la compagnie de telephone Bell
est, en vertu des pouvoirs de la Commission, de voir a l'execution de la loi
speciale contenue dans la Loi de 1902, ch. 41 des
statuts de cette annee-la
304
La presente plainte n'entre pas dans le cadre de ce que peut faire la
Commission relativement a l'execution des dispositions des articles de la
loi speciale de 1902 mentionnee ci-dessus."
Conclusions:
Apres avoir etudie attentivement tous les faits ainsi que la loi applicable
dans ce cas particulier, je trouve que:
(1) Aucun service ou systeme telephonique principal ou d'embranchement
de la compagnie Bell n'est construit sur cette partie de la route East
Broughton-Saint-Victor sur laquelle donne la propriete du requerant;
(2) A cause de (1)
a) le compagnie Bell n'est pas tenue, d'apres les dispositions prevues
a l'article 2 du ch. 41 des Statuts du Canada de 1902, de fournir
un appareil et le service telephonique au requerant; et
b) par consequent, la Commission n'a pas le pouvoir d'ordonner a la
compagnie Bell d'acceder a la demande de M. Lachance.
(3) Malgre l'opposition, s'il en est, offerte par la Petite compagnie, la
compagnie Bell peut assurer a M. Lachance un appareil et le service
telephonique.
(4) La compagnie Bell fait preuve de discrimination envers le requerant
en ne lui accordant pas l'appareil et le service telephonique qu'elle a
accordes a M. Pare, les deux parties etant dans les memes circonstances
et conditions.
(5) La Commission n'a pas le pouvoir d'ordonner a la compagnie Bell de
faire disparaitre une discrimination de cette nature.
Bien que je sois d'avis que la Compagnie devrait acceder a la demande de
M. Lachance, je ne puis trouver aucun pouvoir qui puisse me permettre
d'ordonner a la compagnie Bell soit de fournir au requerant le service tele-
phonique qu'il sollicite, soit de faire disparaitre une telle discrimination, et
c'est a regret que je renvoie la petition du requerant.
Requete renvoyee.
A. SYLVESTRE.
J' agree:
E. M. MacPherson
J' agree:
H. B. Chase
Le 26 aout 1958.
305
ORDER No. 95479
In the matter of the general terms and conditions upon and under which The
Bell Telephone Company of Canada, hereinafter called the "Applicant",
shall furnish to the public the telephone service and equipment which
it provides:
And in the matter of Order No. 81007, dated March 11, 1953:
File No. 29159.699
Monday, the 8th day of September, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner,
F. M. MacPherson, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
1. The General Regulations of the Applicant approved and prescribed by-
Order of the Board No. 81007, dated March 11, 1953, as amended by Order
No. 86571, dated July 14, 1955, and further amended as follows:
(1) By striking out Clause (a) of Rule 4 and substituting therefor
the following:
"Rule 4. — (a) Applications for local service (i.e. Exchange and
Service System Service) and for mobile telephone service or for
additional service or equipment in connection with service already
established may be made orally or shall be in writing if the Company
so requires."
(2) By striking out Rule 5 and substituting therefor the following:
"Rule 5. The initial service period for all standard local services
and for mobile telephone service and equipment furnished by the
Company shall be one month, except where otherwise stipulated in
the Tariffs of the Company; Provided, however, that the Company
may stipulate an initial service period longer than one month
(a) where special construction is necessary for the provision of the
service, or
(b) where special non-standard equipment or special assemblies of
equipment are installed."
(3) By striking out Clause (a) of Rule 6 and substituting therefor
the following:
"Rule 6. — (a) Subject to the provisions of the Company's Special
Acts of Incorporation, the Company's obligation to furnish telephone
service is dependent upon its ability to secure and retain without
expense suitable rights-of-way, rights of access and space in buildings
for the construction and maintenance of the necessary poles, conduits,
plant, wiring, circuits, instruments, equipment, fixtures and facilities.
Where the Company is unable to do so or when special construction
work is necessary, or when the Company is required to move any of
such poles, conduits, plant, wiring, circuits, instruments, equipment,
fixtures and facilities, or when any unusual expense must be incurred,
the Company may require the applicant or customer to pay the cost
thereof."
306
(4) By striking out Rule 7 and substituting therefor the following:
"Rule 7. — Except where otherwise stipulated in its tariffs or by-
special agreement, the Company shall provide and install all poles,
conduits, plant, wiring, circuits, instruments, equipment, fixtures and
facilities required to furnish service and shall be and remain the
owner thereof, and shall bear the expense of ordinary maintenance
and repairs."
(5) By striking out Rule 8 and substituting therefor the following:
"Rule 8. — In the case of damage to or destruction or loss of any
of the Company's poles, conduits, plant, wiring, circuits, instruments,
equipment, fixtures or facilities on the premises occupied by the
customer which is not due to reasonable wear and tear, the Company
shall have the right to require the customer to pay the cost of restoring
them to their original condition or of replacing them. Upon termina-
tion of service all such poles, conduits, plant, wiring, circuits, instru-
ments, equipment, fixtures and facilities shall be returned to the
Company in good condition, reasonable wear and tear excepted."
(6) By striking out Rule 25 and substituting therefor the following:
"Rule 25. — At the time of application for service, the applicant
shall make an advance payment covering the service charge, if any,
together with one month's charge for all service and equipment
applied for; provided, however, that the Company may waive the
collection of advance payments from applicants or customers whose
credit is satisfactorily established with the Company."
(7) By striking out Rule 26 and substituting therefor the following:
"Rule 26. — An applicant or customer whose credit is not satis-
factorily established with the Company may be required to make a
further advance payment of an amount which the Company considers
sufficient to cover not more than six months' charges for all service
including anticipated message tolls and for equipment. Charges for
service rendered are applied against such advance payment. If, in
the opinion of the Company, the customer's net credit balance is
at any time insufficient to cover the estimated charges referred to,
the Company may require a further advance payment or suspend
and/or terminate service as provided in Rule 35."
(8) By striking out Rule 27 and substituting therefor the following:
"Rule 27. — Rates and charges which are quoted on a monthly
basis shall be payable by the customer monthly in advance. Charges
for message toll and messenger service, public and semi-public
telephone service, and local messages in excess of the number provided
for under the fixed monthly rate for business message rate service,
shall be payable by the customer monthly or upon demand by the
Company. Service charges, construction charges and charges for
coloured telephones shall be payable in accordance with these Rules
and the appropriate sections in the Company's Tariffs."
(9) By striking out Clause (b) of Rule 34 and substituting therefor
the following:
"(b) In the case of service or equipment for which the initial
service period is in excess of one month at the same location, the
termination charge shall be one-half the total amount of the charges
307
applicable thereto for the unexpired portion of the initial service
period unless a different termination charge is called for in the contract
covering such service or equipment."
(10) By striking out Rule 43 and substituting therefor the following:
"Rule 43. — The Company shall not be liable for damages for any
accident or injury caused by or to a vehicle, water craft or aircraft
owned or operated by a customer in which a mobile telephone unit
or supplementary apparatus provided in connection therewith is
placed or installed."
(11) By striking out Rule 45 and substituting therefor the following:
"Rule 45. — In the cases of data transmitting and receiving equip-
ment, telephotograph equipment and voice recording equipment
connected to the circuits or equipment of the Company, the customer
shall indemnify and save the Company harmless against and from all
claims for libel, slander or infringement of copyright arising from
the material transmitted over its equipment and/or recorded; against
and from all claims for infringement of patents arising from com-
bining or using apparatus or systems of the customer with the equip-
ment of the Company; and against and from all other claims arising
out of any act or omission of the customer in connection- with
equipment provided by the Company."
(12) By striking out Rule 46 and substituting therefor the following:
"Rule 46. — In connection with the transmission of material by
data transmitting and receiving equipment or telephotograph equip-
ment, no liability shall attach to the Company because of defects in
the material transmitted, or because of the quality of the transmission,
regardless of cause."
2. The said amendments shall be incorporated in the Applicant's tariffs.
3. Leave is hereby granted to the Applicant to publish this Order in three
consecutive weekly issues of The Canada Gazette pursuant to section 51 of the
Railway Act, R.S.C. 1952, Chapter 234.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
Board of Transport Commissioners for Canada
Examined and certified as a true copy under
Section 23 of "The Railway Act",
(C. W. RUMP)
Secretary, Board of Transport Commissioners
for Canada,
Ottawa, September 12, 1958.
308
ORDER No. 95597
In the matter of the application of the New York Central Railroad Company
lessee of St. Lawrence and Adirondack Railway Company, and the said
St. Lawrence and Adirondack Railway Company, hereinafter called
the "Applicant", for an Order granting leave to wholly discontinue
passenger service at present provided over the Canadian portion of the
line of railway between Malone, in the State of New York, and Montreal,
in the Province of Quebec:
File No. 28420
Wednesday, the 17th day of September, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner,
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sittings of the Board at Montreal, in the
Province of Quebec, on September 11, 1958, in the presence of Counsel for the
New York Central Railroad Company, Canadian Pacific Railway Company
and other parties, and upon consideration of the submissions on file and for
reasons which will be given in a written judgment at a later date —
It is hereby ordered as follov:s:
1. The Applicant is authorized to wholly discontinue its passenger train
service at present provided over that part in Canada of the line of railway
between Malone, in the State of New York, and Montreal, in the Province of
Quebec.
2. The discontinuance authorized in paragraph one hereof shall not take
effect before thirty days after public notice of such discontinuance has been
given by the Applicant; such notice to consist of one publication in one English
newspaper and one publication in one French newspaper published in the
City of Montreal, and one publication in each daily newspaper, if any,
published in the municipalities presently served by the Applicant. In addition
to the newspaper notices the Applicant shall post in all ticket offices and stations
on the said line the following notice:
"All passenger train service at present provided by the New
York Central Railroad Company between Montreal, P.Q.,
and Malone, N.Y., and all intermediate points on the said line
will be discontinued effective .... October, 1958"
A copy of such notice shall be forwarded to the Director of Operation of the
Board.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
Board of Transport Commissioners for Canada
Examined and certified as a true copy under
Section 23 of "The Railway Act",
(C. W. RUMP)
Secretary, Board of Transport Commissioners
for Canada,
Ottawa, September 17, 1958.
309
ORDER No. 95743
In the matter of the Regulations for the Transportation of Explosives and
Other Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717.87.55
Wednesday, the 24th day of September, A.D. 1958
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
1. Until further Order of the Board, railway companies subject to the
jurisdiction of the Board are authorized to receive for shipment and transport
via rail freight in Canada, in accordance with the provisions of this Order,
Soda-Amatol explosives manufactured by Canadian Industries Limited, as
approved for manufacture by the Explosives Division of the Department of
Mines and Technical Surveys, and consisting of a dry granular mixture of
trinitrotoluene, ammonium nitrate and sodium nitrate. For Shipping purposes
these explosives shall be classed as "Explosives A".
2. The inside container shall be a polyethylene bag fabricated from 8-mil
thick material in seamless tube form. The bag shall be closed at one end by
heat sealing. The other end shall be closed after filling by a wire tie or other
means that will ensure that the closure will be absolutely sift proof under all
conditions normally incident to transportation by rail. The closing device must
not have any sharp edges or points that might cut or puncture the polyethylene
bag.
3. The outside container shall be a B.T.C.-12H corrugated fibreboard box.
4. The complete package shall consist of one or more filled polyethylene
bags enclosed in a 12H fibreboard box lined with wax paper. The lining shall
comply with Specification 2L. The gross weight of the complete package must
not exceed 65 pounds.
5. All bills of lading, shipping orders or other shipping papers shall make
reference to the number of this Order.
6. Except as specifically provided in this Order, the shipper and carrier
are not relieved of compliance with any applicable requirements of the
B.T.C. regulations for the "Transportation of Explosives and Other Dangerous
Articles in Rail Freight and Rail Express Service".
7. Any container failure which results in loss of contents from either the
inside or the outside container, or any other unfavourable experience with the
shipment must be reported promptly to the Board.
A. SYLVESTRE,
Deputy Chief Commissioner,
The Board of Transport Commissioners for Canada.
Board of Transport Commissioners for Canada
Examined and certified as a true copy under
Section 23 of "The Railway Act",
(C. W. RUMP)
Secretary, Board of Transport Commissioners
for Canada,
Ottawa, September 26, 1958.
310
GENERAL ORDER No. 834
In the matter of regulations governing the publication, filing and posting of
passenger tariffs by railway companies:
File No. 606
Tuesday, the 30th day of September, A.D. 1958
C. D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Assistant Chief Commissioner,
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
1. The regulations attached hereto as Tariff Circular 2, entitled ''Regula-
tions Governing the Publication, Filing and Posting of Passenger Tariffs by-
Railway Companies" are prescribed for the use of railway companies and
authorized agents thereof, who are required to file passenger tariffs with the
Board.
2. Circular 223 as approved by General Order No. 479, dated June 28,
1929, and General Order No. 26, dated February 8, 1909; General Order No. 575,
dated July 14, 1938; and Circular 273, dated September 11, 1952, insofar as
the said Circular is applicable to passenger tariffs are rescinded.
3. This General Order shall come into force on the date shown on the
said Circular.
C. D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
311
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JULY, 1958.
Railway Accidents 249 Killed 13 Injured 259
Level Crossing Accidents 26 Killed 13 Injured 33
Total 275 26 292
Killed Injured
Passengers — 54
Employees — 186
Others 26 52
26 292
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Newfoundland
Killed Injured
— 1 Automobile struck by train. Licence: Nfld. 20606.
New Brunswick
1 — Auto truck struck by train. Licence: N.B. C-23190.
Quebec
— 1 Tractor struck by train.
— 3 Station wagon ran into side of train. Licence: Que. 259-824.
— 2 Automobile struck by train. Licence: Que. 440-046.
2 Tractor trailer struck by train. Licence: Que. L-9452.
1 — Automobile struck by train. Licence: Que. 210-201.
5 2 Automobile ran into side of train. Licence: Que. 588-111.
1 — Pedestrian climbed between cars when train started to move.
Ontario
1 Automobile ran into side of train. Licence: Ont. 41-831-C.
1 Automobile struck by train. Licence: Ont. A-17696.
1 Auto truck struck by train. Licence: Ont. 452-315-D.
1 — Motorcycle ran into side of train. Licence: Ont. 2299.
- 1 Motorcycle ran into side of train. Licence: Ont. 5631.
1 Auto truck struck by train. Licence: Ont. 55-44-D.
1 Automobile struck by train. Licence: Ont. 933-117.
3 Auto truck ran into side of train. Licence: Ont. 80-223-C.
- 1 Automobile struck by train. Licence: Ont. 754-231.
1 Auto truck ran into side of train. Licence: Ont. 79461-A.
3 Auto truck struck by train. Licence: Ont. 403-91-D.
Saskatchewan
3 Auto truck struck by train. Licence: Sask. F-45567.
1 Automobile struck by train. Licence: Sask. UL-66.
312
Alberta
Killed Injured
1 1 Automobile struck by train. Licence: Alta. PK-383.
— 1 Automobile struck by train. Licence: Alta. LM-026.
— 1 Automobile struck by train. Licence: Alta. ZB-088.
British Columbia
— 1 Tractor trailer struck by train. Licence: B.C. C-37846.
Of the 26 accidents at highway crossings, 22 occurred at unprotected crossings,
4 at protected crossings, 20 occurred after sunrise and 6 after sunset.
Ottawa, Ontario, October 1, 1958.
313
SUMMARY OF ORDERS ISSUED BY THE BOARD
95439 Sept. 4 — Relieving the C.P.R. from erecting and maintaining cattle guards on
its Sutherland Subd., Sask. at the following mileages: Both sides
at Mileage 108.26, West side at Mileage 109.78, and both sides at
Mileages 109.98 and 110.95.
95440 Sept. 4 — In the matter of application of the C.P.R. on behalf of Imperial Oil
Limited for approval of proposed location of facilities for handling
and storage of flammable liquids at Valmarie, Sask.
95441 Sept. 4 — Approving revised Appendix and Alternate Appendix to Traffic
Agreement between The Bell Telephone Company of Canada and
The Commissioners for the Telephone System of the Munic. of
the Twp. of North Easthope.
95442 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Munic. of the Township of Dawn.
95443 Sept. 4 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and The Newburgh Rural Telephone System.
95444 Sept. 4 — Approving application of the C.P.R. on behalf of Imperial Oil
Limited for proposed location of additional facilities for the handling
and storage of flammable liquids at Wolseley, Sask.
95445 Sept. 4 — Approving application of the Dept. of Highways and Transportation
of the Province of Saskatchewan, to widen Highway 42 where it
crosses the C.N.R. between Sections 20 and 29, Twp. 21, Rge. 4,
W3M. Sask. Mileage 93.14 Central Butte Subd.
95446 Sept. 4 — Approving application of the C.N.R. to construct a siding between
Section 31-29-21-WPM and Section 6-30-21-WPM., near Ethelbert,
Manitoba.
95447 Sept. 4— Approving application of the C.P.R. on behalf of Shell Oil Company
of Canada, Limited, for additional facilities for handling and
storage of flammable liquids at Lake Windermere, B.C.
95448 Sept. 4 — Approving application of the B.C. Dept. of Highways to relocate
the highway where it crosses the Esquimalt and Nanaimo Rly. at
Mileage 37.9 Port Alberni Subd., B.C.
95449 Sept. 4 — Approving application of the C.N.R. for authority to discontinue
as an agency their station at St. Eloi, P.Q.
95450 Sept. 4 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its White Fox Subd., Sask.
95451 Sept. 4 — Relieving the C.P.R. from erecting cattle guards at certain crossings
on its Wilkie Subd., Sask.
95452 Sept. 4 — Approving application of the C.P.R. on behalf of Imperial Oil
Limited for the proposed location of facilities for handling and
storage of flammable liquids at Ross Peak, B.C. Mileage 89.82
Mountain Subd.
95453 Sept. 4 — Approving application of the C.P.R. for authority to remove the
station building at Lepage, Que.
95454 Sept. 4 — Approving application of the C.P.R. on behalf of Imperial Oil
Limited for approval of proposed location of facilities for handling
and storage of flammable liquids at St. Benedict, Sask.
95455 Sept. 4 — Approving application of the Ontario Dept. of Highways for authority
to extend Alta Vista Drive, Mileage 85.8 Montreal and Ottawa
Subds., Ottawa, Ont.
95456 Sept. 4 — Approving application of the B.C. Dept. of Highways for authority
to construct Nanoose Beach Road across the Esquimalt and Nanaimo
Rly. at Mileage 86.65 Victoria Subd., B.C.
95457 Sept. 4 — Authorizing removal of speed limitation at Mileage 13.78 Park
Avenue Subd., St. Martin Jet., P.Q.
314
95458 Sept. 4 — Approving application of the C.N.R. for the proposed location of
facilities for handling and storage of flammable liquids at Limoilou,
Quebec.
95459 Sept. 4 — Approving application of the Rural Munic. of Arlington No. 79,
Sask., for authority to construct the highway across the C.P.R. at
Mileage 15.02 Altawan Subd., Sask.
95460 Sept. 4 — Approving application of the C.P.R. to remove the station building
at La Plaine, Que.
95461 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Munic. of the Twp. of Otonabee.
95462 Sept. 4 — Approving application of the C.N.R. for authority to discontinue as a
flag station and remove the caretaker and station building at
Pinkerton, Ont.
95463 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Commissioners for the Telephone
System of the Munic. of the Village of Brussels, operating the
Brussels, Morris and Grey Munic. Telephone System.
95464 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Manilla Union Telephone Company
Limited.
95465 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Fenella Rural Telephone Company
Limited.
95466 Sept. 4 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Falkirk Telephone System.
95467 Sept. 4 — In the matter of the installation of automatic protection in lieu of
existing protection by bell and wig wag at crossing of the C.P.R.
at St. Patrick St. East at Magog, Que., Mileage 85.86 Sherbrooke
Subdivision.
95468 Sept. 4 — In the matter of the application of the Quebec Dept. of Roads for
an order authorizing the C.P.R. to relocate one of the automatic
gates at the crossing of its railway and Bas St. Martin Road, Munic.
of St. Martin, County of Laval, Mileage 12.08 Park Ave. Subd.
95469 Sept. 4 — In the matter of the Sask. Power Corporation for leave to construct
an aerial electric transmission line over the company pipe line of
Westspur Pipe Line Co. in SW £ Sec. 29-7-30-W1M., Sask.
95470 Sept. 4 — Permitting the removal of the caretaker at Silverton, Manitoba,
by the C.N.R.
95471 Sept. 4 — Permitting the removal of slow order at the C.P.R. crossing west
of station at Provost, Alta., Mileage 76.51 Hardisty Subd.
95472 Sept. 4 — Approving application of the Sask. Power Corporation to construct
an aerial electric transmission line over company pipe line of
Westspur Pipe Line Company in the SW I Sec. 28, Twp. 5, Rge. 9,
W2nd Meridian, Sask.
95473 Sept. 4 — Approving application of the Sask. Power Corporation to construct
an aerial electric transmission line across the company pipe line
of Westspur Pipe Line Company in NE \ Sec. 22, Twp. 5, Rge. 9
West 2nd Meridian, Sask.
95474 Sept. 4 — Approving application of the Sask. Power Corporation to construct
an aerial electric transmission line over the company pipe line of
Westspur Pipe Line Co. in the SE \ Sec. 28, Twp. 5, Rge 9, West
2nd M., Sask.
95475 Sept. 4 — In the matter of tariffs and supplements to tariffs filed by the
C.P.R. under Section 8 of the Maritime Freight Rates Act.
95476 Sept. 5 — Approving application of the C.N.R. for authority to construct a
private siding to serve Edmonton Associated Wholesale Limited
across 158th St., between 111th and 112th Avenues, Town of Jasper
Place, Alta.
315
95477 Sept. 5 — Approving application of the C.N.R. for authority to close the
station at Neidpath, Sask.
95478 Sept. 5 — Approving application of Trans-Canada Pipe Lines Ltd. to open
for the transportation of natural gas, a portion of its company pipe
line in the Twps. of Vaughan and Oro, Ontario.
95479 Sept. 8 — In the matter of the general terms and conditions upon and under
which The Bell Telephone Co. of Canada shall furnish to the public
tne telephone service and equipment which it provides.
95480 Sept. 8 — Permitting the Consumers' Gas Company to construct a gas main
across and under the company pipe line of Trans-Canada Pipe Lines
Limited in the Twp. of Toronto, Ont.
95481 Sept. 8 — Permitting the Consumers' Gas Company to construct a gas main
across and over the company pipe line of Trans-Canada Pipe Lines
Ltd. in the Township of Elizabethtown, Ont.
95482 Sept. 8 — Approving application of the B.C. Power Commission to construct
an aerial electric transmission line across the company pipe line
of Westcoast Transmission Company Limited in certain sections of
the Peace River District, Province of B.C.
95483 Sept. 10 — Approving Alternate Appendix to Traffic Agreement filed by The
Bell Telephone Company of Canada, between it and Yarmouth
Rural Telephone Company Limited.
95484 Sept. 10 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Dunsford Telephone,
Light and Power Co-operative Association Ltd.
95485 Sept. 10 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Balderson Telephone
Company Limited.
95486 Sept. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The West Williams Rural Telephone
Association Limited.
95487 Sept. 10 — Approving application of The Bell Telephone Company of Canada
for approval of revised Appendix "A" and Alternate Appendix "B"
to Traffic Agreement.
95488 Sept. 10 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Ernestown Rural Telephone
Company Limited.
95489 Sept. 10 — Approving Alternate Appendix "B" to Traffic Agreement between
The Bell Telephone Company of Canada and The Cambray Tele-
phone Company Limited.
95490 Sept. 10 — In the matter of application of Pacific Great Eastern Railway
Company for leave to construct its railway across the company pipe
lines of Westcoast Transmission Company Limited, in the SE J Sec.
23, Twp. 83, Rge. 18, West 6M., B.C.
95491 Sept. 10 — In the matter of application of Pacific Great Eastern Railway
Company for leave to construct a siding over the company pipe line
of Westcoast Transmission Company Limited, in the vicinity of
Taylor, B.C., to serve Pacific Petroleums.
95492 Sept. 10 — In the matter of application of Pacific Great Eastern Railway
Company for leave to construct a siding across the company pipe
line of Westcoast Transmission Company Limited, in the vicinity of
Taylor, B.C., to serve Pacific Petroleums.
95493 Sept. 10 — In the matter of application of the C.N.R. for approval of clearances
on the siding serving Inland Cement Company Limited at Bissell,
Alberta.
95494 Sept. 10 — In the matter of application of Federated Pipe Lines Limited, for
approval of revised drawing showing a change in the crossing of
its pipe line and the oil pipe line of Interprovincial Pipe Line
Company in the SW } Sec. 8-53-23-W.4M., Alta.
316
95495 Sept. 10 — In the matter of application of the County of Ontario for authority
to reconstruct the existing grade separation carrying Liverpool Road
across the C.N.R. in the Twp. of Pickering, at Mileage 313.1 Oshawa
Subdivision.
95496 Sept. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Munic. of the Township of Huron.
95497 Sept. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The South Bruce Rural Telephone
Company Limited.
95498 Sept. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and West Garafraxa Telephone Co-
operative Association Ltd.
95499 Sept. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The East Middlesex Telephone
Company Limited.
95500 Sept. 10— In the matter of Order No. 66295, respecting facilities of Sudbury
Oil Company for the handling and storage of flammable liquids at
Sudbury, Ont.
95501 Sept. 10— In the matter of Order No. 70386, dated March 15, 1948 respecting
facilities of Thos. D. Edward Supply Limited for the handling and
storage of flammable liquids at Blind River, Ont., Mileage 54.2
Thessalon Subd.
95502 Sept. 10— In the matter of Order No. 67906, dated Sept. 18, 1946 respecting
facilities of Belanger Petroleum Products for the handling and
storage of flammable liquids at Sudbury, Ont.
95503 Sept. 10— In the matter of Order No. 87366, dated Nov. 9, 1955, respecting
facilities of Edwards Sudbury Limited for the handling and storage
of flammable liquids at Coniston, Ont.
95504 Sept. 10— In the matter of Order No. 67173, dated March 26, 1946, respecting
facilities of Edward Oil and Rubber Co. for handling and storage of
flammable liquids at Warren, Ont.
95505 Sept. 10 — In the matter of Order No. 66517, dated Sept. 28, 1945, respecting
facilities of McColl-Frontenac Oil Co. Limited for the handling and
storage of flammable liquids at Sault Ste. Marie, Ont.
95506 Sept. 10 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and McKillop, Logan and
Hibbert Telephone Company Ltd.
95507 Sept. 10 — Approving application of the C.P.R. on behalf of Anco Chemicals
Limited for the handling and storage of anhydrous ammonia at
Milton, Ont.
95508 Sept. 10— In the matter of Order No. 85541, dated Feb. 9, 1955, respecting
facilities of Mr. Pierre Olivier for the handling and storage of
flammable liquids at Beauharnois, P.Q.
95509 Sept. 10— In the matter of Order No. 67820, dated August 29, 1946, respecting
facilities of Imperial Oil Limited for the handling and storage of
flammable liquids at Wiseton, Sask.
95510 Sept. 10 — In the matter of Order 63887, dated August 18, 1943, respecting
facilities of Sask. Co-operative Wholesale Society Ltd. for handling
and storage of flammable liquids at Laporte, Sask.
95511 Sept. 10— In the matter of Order No. 57557, dated June 7, 1939, respecting
facilities of Rosetown Co-Operative Assoc. for handling and storage
of flammable liquids at Rosetown, Sask.
95512 Sept. 10 — In the matter of Order No. 75673, dated Dec. 5, 1950, respecting
facilities of North Canadian Oils Ltd. for the handling and storage
of flammable liquids at Chauvin, Alta.
95513 Sept. 10 — In the matter of Order No. 70593, dated April 29, 1948, respecting
facilities of Farmers Supply Company for the handling and storage
of flammable liquids at Eston, Sask.
317
95514 Sept. 10 — In the matter of Order 57511, dated May 26, 1939, respecting
facilities of McColl-Frontenac Oil Co. Ltd., for the handling and
storage of flammable liquids at Luseland, Sask.
95515 Sept. 10— In the matter of Order 65702, dated Feb. 7, 1945, in respect of
facilities of Imperial Oil Limited for the handling and storage of
flammable liquids at Plenty, Sask.
95516 Sept. 10 — In the matter of Order 56696, dated November 15, 1938, respecting
facilities of the British American Oil Company Limited, for the
handling and storage of flammable liquids at Youngstown, Alta.
95517 Sept. 10 — Approving application of the C.N.R. for authority to close the exist-
ing level crossing between Sees. 28 and 29, Twp. 44, Rge. 12 West
2nd M., Mileage 56.7 Chelan Subd., Sask.
95518 Sept. 10 — Approving application of the Sask. Dept. of Highways and Trans-
portation for authority to widen Highway 22 where it crosses the
C.P.R. at Mileage 108.98 Neudorf Subd., Sask.
95519 Sept. 10 — Permitting the C.N.R. to operate under the overhead highway bridge
near Savona, B.C., Mileage 26.14 Ashcroft Subd.
95520 Sept. 11 — Authorizing the C.N.R. to provide the necessary synchronization of
the highway crossing signals with the traffic light signals at the
crossing of their railway and intersection of Park and McDonnell
Streets, Peterborough, Ont., Mileage 64-9.6 Campbellford Subd.
95521 Sept. 11 — Authorizing the removal of slow order at the crossing of the C.P.R.
and the highway at Mileage 2.32 Windsor Subd., Ont.
95522 Sept. 11 — Authorizing the C.N.R. to reconstruct the terrace over the track of
the C.P.R. Co. at the Chateau Laurier Hotel, Ottawa, Ont.
95523 Sept. 11 — Approving By-law No. 4 authorizing the C.N.R. to prepare and issue
tariffs of express tolls to be charged by their company, and to
specify to whom, the place where, and the manner in which such
tolls shall be paid.
95524 Sept. 11 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and Le Telephone Somerset Limitee.
95525 Sept. 11 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de Ste-Cecile de Whitton.
95526 Sept. 11 — Authorizing the C.P.R. Co. to remove the station building at
Hanover, Ont.
95527 Sept. 11 — Authorizing the N.Y.C. Railroad Co. (Michigan Central Railroad
Co.) to operate passenger trains at eighty miles an hour and freight
trains at sixty miles an hour through the Attercliffe interlocker at
the intersection of its railway and the T.H. & B. Rly. near Diltz,
Ont., Mileage 9.46 from Smithville.
95528 Sept. 11 — In the matter of the application of the Manitoba Dept. of Public
Works for authority to construct Hwy. 23 over the C.P.R. Co. at
Mileage 25.15 Carman Subd.
95529 Sept. 11 — In the matter of the application of the C.P.R. Co. on behalf of
Asamera Oil Corp. Ltd., for permission to load crude oil into tank
cars from tank trucks at Barons, Alta.
95530 Sept. 11 — Authorizing the Village of Vilna, Alta., to construct the highway
over the C.N.R. at Mileage 89.83 Coronado Subd.
95531 Sept. 11 — Approving application of Trans-Canada Pipe Lines Limited for
authority to open for the transportation of natural gas certain
portions of its company pipe line in the District of Thunder Bay,
Ontario.
95532 Sept. 11 — In the matter of the application of the C.N.R. for approval of
location of facilities for the handling and storage of flammable
liquids at Terra Nova, Nfld., Mileage 168.2 Clarenville Subd.
95533 Sept. 11— In the matter of tariffs filed by the C.N.R. under the provisions of
the Maritime Freight Rates Act, under Sections 3 and 8.
318
95534 Sept. 11 — In the matter of the applications of the N.Y.C. Railroad Company
and the C.N.R. to operate their trains through the interlocker at
Yarmouth, Ontario.
95535 Sept. 11 — Approving application of the N.Y.C. Railroad Co. to operate its
trains through the interlocker at the crossing of its railway and the
Chesapeake & Ohio Rly, at Pelton, Ont.
95536 Sept. 11 — Approving application of the Twp. of North York to construct a
sewer main across and under the pipe line of Trans-Northern Pipe
Line Co. in Lot 11, Con. 3 east of Yonge St., in the Twp. of North
York, Ont.
95537 Sept. 11 — Approving application of the C.P.R. Co. for authority to remove the
caretaker and close the station at Eastman, Que.
95538 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove
the caretaker-agent at Inkerman, Ont.
95539 Sept. 12 — Approving application of the Sask. Dept. of Highways and Trans-
portation for authority to widen Highway No. 6 where it crosses
the C.N.R. at Mileage 83.5 Touchwood Subd.
95540 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove the
station agent and appoint a caretaker at Rutland, Sask.
95541 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove the
station agent and appoint a caretaker at Penzance, Sask.
95542 Sept. 12 — Permitting the removal of slow order at the C.N.R. first public
crossing east of the . station at Ste. Louise, Que., Mileage 48.51
Montmagny Subd.
95543 Sept. 12 — In the matter of the apportionment of cost of reconstruction of the
overhead bridge across the C.P.R. Co. at Mileage 25.59 Boundary
Subd., B.C.
95544 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove
the station agent and appoint a caretaker at Fleet, Alta.
95545 Sept. 12 — Approving application of the Dept. of Public Works for Quebec,
for authority to construct Highway No. 46 over the C.P.R. Co. by
means of an overhead bridge in the Twp. of Gendreau, P.Q.,
Mileage 43.4 Temiskaming Subd.
95546 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove the
station agent and appoint a caretaker at Westbourne, Manitoba.
95547 Sept. 12 — Approving application of the C.P.R. Co. for authority to remove the
Agent-Operator and appoint a caretaker at Fordwich, Ont.
95548 Sept. 12 — Permitting the removal of slow order at the crossing of Highway
No. 18 and the Chesapeake & Ohio Rly. Company about one mile
east of the station at Kingsville, Ont.
95549 Sept. 12 — Permitting the removal of slow order at the crossing of Crescent
Road and the C.P.R. Co. at St. Vital, Man., Mileage 6.2 Emerson
Subdivision.
95550 Sept. 12 — Permitting the removal of slow order at crossing of St. Charles
Gamier St. and the C.N.R., being the second public crossing west
of the station at Roberval, P.Q., Mileage 12.52 Roverbal Subd.
95551 Sept. 12 — Permitting the removal of slow order at crossing of the Highway
and the C.N.R. at St. Georges, Nfld., Mileage 458.97. Port aux
Basques Subd.
95552 Sept. 12 — Permitting the removal of slow order at crossing of the highway
and the C.P.R. Co. at Marquette, Man., Mileage 28.6 Carberry Subd.
95553 Sept. 12 — Permitting the removal of slow order at crossing of MacDonald
Street and the Chesapeake & Ohio Rly. Company at Mooretown, Ont.
95554 Sept. 12 — Approving application of the C.N.R. for approval of proposed loca-
tion of facilities for the handling and storage of flammable liquids
at Chambord, Que., Mileage 64.48 Jonquiere Subd.
95555 Sept. 15 — In the matter of tariffs filed by the Dominion Atlantic Railway
Company under section 8 of the Maritime Freight Rates Act.
319
95556 Sept. 15 — Permitting the N.Y.C. Railroad Company to operate its trains over
the interlocker at the crossing of the C.N.R. and its railway at
Hagersville, Ont.
95557 Sept. 15 — Exempting the C.N.R. from complying with the terms of G.O. 707
with regard to trains operated in commuter service between Toronto
and Hamilton.
95558 Sept. 15 — Approving application of the C.P.R. Co. for authority to remove the
agent and appoint a caretaker-agent at Robertson, Que.
95559 Sept. 15 — Granting the C.P.R. Co. extended time within which it is required
to install protection at the crossing of Evans Ave., Township of
Etobicoke, Ont., Mileage 1.56 Canpa Subd.
95560 Sept. 15 — Approving application of Westcoast Transmission Company Limited,
for authority to open for the transportation of natural gas a portion
of its company pipe line in the Province of B.C.
95561 Sept. 15 — Approving application of the C.P.R. Co. for authority to install
automatic protection at the crossing of its railway and Front St.,
Mileage 92.09 Belleville Subd., and Pinnacle St., Mileage 92.03
Belleville Subd.
95562 Sept. 15 — Permitting the Interprovincial Pipe Line Company to open for the
transportation of oil a portion of its company pipe line in the
Province of Alta.
95563 Sept. 15 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 2 at Mileage 46.43 Chatham Subd., Ont.
95564 Sept. 15 — Authorizing the N.Y.C. Railroad Company to operate under the
overhead bridge at Mileage 219.05 Main Line Subd., Ont.
95565 Sept. 15 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and The Aylmer and Malahide Telephone Company
Limited.
95566 Sept. 15 — In the matter of improved protection at the crossing of Regent St.
and the C.P.R. Co. in the City of Sudbury, Mileage 0.96 Webbwood
Subdivision.
95567 Sept. 15 — Authorizing the Chesapeake & Ohio Rly. Company to operate under
the overhead bridge in Sandwich South Twp., Ontario, Mileage 6.26
Subd. 1.
95568 Sept. 15 — Permitting the removal of slow order at crossing of the C.N.R. and
48th Avenue, being the third Public crossing east of station at
Lloydminster, Sask., Mileage 84.18 Blackfoot Subd.
95569 Sept. 15 — Authorizing the Manitoba Dept. of Public Works to widen the
highway where it crosses the C.N.R. at Mileage 54.33 Oakland
Subd., Man.
95570 Sept. 15 — Authorizing the Quebec Department of Roads to widen Lawrence-
ville Road where it crosses the C.P.R. Co. in the County of
Shefrord, Que., Mileage 15.04 Orford Subd.
95571 Sept. 16 — In the matter of facilities of Edwards Sudbury Limited for the
handling and storage of flammable liquids at Chelmsford, Ont.
95572 Sept. 16 — In the matter of facilities of Home Oil Distributors Limited for the
handling and storage of flammable liquids at South Westminster,
B.C.
95573 Sept. 16 — Approving application of the C.N.R. on behalf of Grant Packaging
Limited, for approval of proposed location of facilities for handling
and storage of flammable liquids at Toronto, Mileage 1.59 Leaside
Branch, Bala Subd.,
95574 Sept. 16 — In the matter of facilities of Standard Oil Company of B.C. Limited
for handling and storage of flammable liquids at Port Alberni, B.C.
95575 Sept. 16— In the matter of facilities of Shell Oil Company of British Columbia
Limited for the handling and storage of flammable liquids at Port
Alberni, B.C.
320
95576 Sept. 16 — In the matter of facilities of Canapini Brothers for the handling
and storage of flammable liquids Class II at Copper Cliff, Ont.
95577 Sept. 16 — Authorizing Trans-Canada Pipe Lines Limited, to open for the
transportation of natural gas certain portion of its line in the
Townships of Oro and Perry, Ont.
95578 Sept. 16 — Approving Supplement to tariffs filed by the C.N.R. under Section 3
of the Maritime Freight Rates Act.
95579 Sept. 16 — Approving tariffs filed by The Bell Telephone Company of Canada.
95580 Sept. 16 — Authorizing the Quebec Dept. of Roads to construct Highway 19
over the C.N.R. by means of an overhead bridge in the Village of
St. Georges, P.Q., Mileage 40.75 Grand'Mere Subd.
95581 Sept. 16 — Authorizing the C.N.R. to operate over the private siding serving
Camille Richard at Mileage 42.49 Kiask Falls Subd., Twp. of Laas,
Co. of Abitibi East, Que.
95582 Sept. 16 — Authorizing the C.N.R. to make changes in the protection at the
crossing of its railway and Burrard Ave. in Vanderhoof, B.C.,
Mileage 69.3 Nechako Subd.
95583 Sept. 16 — Authorizing the B.C. Dept. of Highways to construct the highway
across the C.P.R. Co. by means of an overhead bridge at Mileage 9.7
Shuswap Subd., B.C.
95584 Sept. 17 — Approving application of the Saskatchewan Power Corporation to
construct an aerial transmission line across the company pipe line
of Trans-Canada Pipe Lines Limited in Sec. 15-16-14-W2M., Sask.
95585 Sept. 17 — Approving application of the Saskatchewan Power Corporation to
construct an aerial transmission line across the company pipe line
of Trans-Canada Pipe Lines Limited in Sec. 4-15-33-W1M., Sask.
95586 Sept. 17 — Approving application of the Saskatchewan Power Corporation to
construct an aerial transmission line across the company pipe line
of Trans-Canada Pipe Lines Limited in Sec. 19-18-8-W3M., Sask.
95587 Sept. 17 — In the matter of facilities of Pacific Oil & Refinery Company of
Alberta Limited for the handling and storage of flammable liquids
at Legion, Alta.
95588 Sept. 17 — In the matter of facilities of J. E. Smith for the handling and
storage of flammable liquids at Coaldale, Alta.
95589 Sept. 17 — Approving application of the Ontario Department of Highways for
authority to construct Highway No. 17 across the C.P.R. Co. by means
of an overhead bridge, Twp. 86, District of Thunder Bay, Mileage
14.11 Nipigon Subd., Ont.
95590 Sept. 17 — Approving application of the N.S. Dept. of Highways for the installa-
tion of automatic protection at the crossing of the Dominion
Atlantic Rly. Company and Aylesford Road. King's Co., N.S.,
Mileage 17.35 Kentville Subd.
95591 Sept. 17 — Approving application of the C.N.R. for authority to install auto-
matic protection in lieu of the existing protection at crossing of its
railway and Hwy. No. 4 (Nicholas Crossing) east of James River,
Mileage 75.74 Hopewell Subd., N.S.
95592 Sept. 17 — Permitting the C.N.R. to remove the caretaker at Rosebank,
Manitoba.
95593 Sept. 17 — Permitting the C.N.R. to remove the agent at Upsalquitch, N.S.
95594 Sept. 17 — Approving application of the C.N.R. for authority to install automatic
protection in lieu of existing protection at crossing of its railway
and the highway west of James River Station, Mileage 73.04
Hopewell Subd., N.S.
95595 Sept. 17 — Approving application of the N.B. Dept. of Public Works for
authority to install automatic protection at the crossing of Highway
28 and the C.P.R. Co. near Blissville, N.B., Mileage 40.21 St. John
Subdivision.
321
95596 Sept. 17 — Approving application of the N.B. Dept. of Public Works for
installation of automatic protection at crossing of the C.P.R. Co.
and the junction of Highways 9 and 10 at Barkers Point, N.B.,
Mileage 0.43 Minto Subd.
95597 Sept. 17 — Granting leave to the New York Central Railroad Company, lessee
of St. Lawrence and Adirondack Railway Company to wholly dis-
continue passenger service at present provided over the Canadian
portion of the railway between Malone, N.Y. and Montreal, Que.
95598 Sept. 17 — Permitting the removal of slow order at crossing of the highway
and the C.N.R. at the first public crossing east of the station at
Lapointe, Que., Mileage 19.88 Montmorency Subd.
95599 Sept. 17 — Authorizing the Department of Public Works of Canada to construct
a culvert across and under the tracks of the C.P.R. Co. near Banff,
Alta., Mileage 81.4 Laggan Subd.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
®()e $5oaiti of
^transport Commissioners for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XL VIII OTTAWA, NOVEMBER 1, 1958 No. 15
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points' in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
ORDER No. 95896
In the matter of the Regulations for the Transportation of Explosives and Other
Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717.12.4
Monday, the 6th day of October, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Until November 1, 1958, member carriers of the Express Traffic Association
of Canada, subject to the jurisdiction of the Board, are authorized to receive
for shipment in Canada and transport via rail express, subject to the provisions
of this Order, samples of flammable liquids offered for shipment by Federal
Electric Corporation at Montreal, P.Q.
The provisions of section 75.655(d) of the Board's Regulations for the
Transportation of Explosives and Other Dangerous Articles in Rail Freight and
Rail Express Service, insofar as they apply to flammable liquids, loaded,
transported or stored in cars equipped with lighted heaters or where open
flame lights or stoves are used, shall not apply to shipments referred to in
paragraph 1 hereof, but the following regulations shall be observed:
(a) The sample (or samples) , shall be packaged by the shipper in a metal
can or cans of not more than one gallon capacity, not more than three such
metal cans to be enclosed in a wooden box made to one of the following B.T.C.
specifications: 15A, 15B, 15C, 16A or 19A.
323
63133-3—1
324
(b) The prescribed "red label" shall be attached by the shipper to the
outside wooden box which shall also be plainly marked B.T.C. Permit No. A-42.
The top of the box shall be marked "This Side Up", and the words "Gasoline"
or "Crude Oil" as appropriate, shall be stencilled on the side.
(c) All bills of lading, shipping orders or shipping papers issued in lieu
thereof shall make reference to the B.T.C. Permit Number.
(d) Such samples shall be loaded in the express car in a place that will
permit their ready removal in the case of fire or wreck, and, if practicable, near
the car door.
(e) The express company shall take adequate precautions to keep such
samples as far away from any source of ignition as possible.
(/) Emptied containers returned for re-use shall bear the "Empty" label
(see section 73.413 of Board's Regulations) to indicate they have been satis-
factorily emptied of liquid and/or gas so that no possible hazard exists in the
handling thereof.
HUGH WARDROPE,
Assistant Chief Commissioner.
325
ORDER No. 95995
In the matter of the application of the Canadian Pacific Railway Company,
hereinafter called the "Applicant Company", under section 353 of the
Railway Act, for authority to publish a proportional rate of seventy-five
cents (75c) per 100 pounds, including Ex Parte 212 increase, from Chalk
River, Ontario, to Ogdensburg (Ferry Slip), New York, applicable only
on Spent Fuel Elements, Radioactive, destined to Dunbarton, North
Carolina, subject to a released valuation not exceeding ten cents (10c)
per pound:
File No. 40615
Friday, the 17th day of October, A.D. 1958
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The Applicant Company is authorized to publish a proportional rate of
seventy-five cents (75c) per 100 pounds, including Ex Parte 212 increase, from
Chalk River, Ontario, to Ogdensburg (Ferry Slip), New York, applicable only
on Spent Fuel Elements, Radioactive, destined to Dunbarton, North Carolina,
subject to a released valuation not exceeding ten cents (10c) per pound.
A. SYLVESTRE,
Deputy Chief Commissioner.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
AUGUST, 1958.
Railway Accidents 265 Killed 17 Injured 282
Level Crossing Accidents ... 36 Killed 19 Injured 42
Total 301 36 324
Passengers . .
Employees . .
Others
Total
Killed
Injured
1
72
6
196
29
56
36
324
DETAILS OF ACCIDENTS AT HIGHWAY CROSSINGS
AUGUST, 1958
Newfoundland
Killed Injured
1 8 Auto bus struck by train. Licence: Nfld. C-4587.
63133-3— U
326
Nova Scotia
Killed Injured
3 2 Automobile ran into side of RDC Unit. Licence: N.S. 63-106.
New Brunswick
— 1 Automobile struck by train. Licence: Ont. B-92951.
Quebec
1 1 Automobile struck by train. Licence: Que. 77-469.
1 2 Automobile struck by train. Licence: Que. 206-336.
— 1 Automobile struck by train. Licence: Que. 256-32.
1 — Bicycle struck by train.
— 2 Automobile struck by train. Licence: Que. 492-771.
— 1 Automobile struck by train. Licence: Que. 186-727.
— 3 Automobile struck by train. Licence: Que. 72-165.
1 — Automobile struck by train. Licence: Que. 97-990.
1 1 Auto truck ran into side of train. Licence: Que. N-27697.
— 1 Automobile struck by train. Licence: Que. 480-421.
Ontario
— 1 Automobile ran into side of train. Licence: Ont. 958-242.
— 2 Auto truck ran into side of engine. Licence: Ont. 66-228-A.
— 1 Automobile struck by train. Licence: Ont. 17420-X.
1 — Automobile struck by train. Licence: Ont. F-48783.
— 1 Auto truck struck by train. Licence: Ont. 65-324-C.
1 — Farm tractor struck by train.
1 — Pedestrian struck by train.
— 2 Automobile struck by train. Licence not given.
— 1 Automobile ran into side of train. Licence: Ont. 483-013.
— 2 Automobile struck by train. Licence: Ont. A-26889.
— 2 Automobile ran into side of train. Licence: Ont. 205-659.
— 1 Automobile struck by train. Licence: Ont. 966-422.
— 1 Automobile ran into side of train. Licence not given.
1 — Automobile struck by train. Licence: Ont. 654-171.
1 — Child struck by train.
— 1 Automobile struck by train. Licence: Mich. DK-2809.
Manitoba
1 — Automobile ran into side of train. Licence: Man. 7-S-955.
— 2 Passengers injured when emergency brakes applied to avoid striking
cyclist.
— 1 Track motor car struck by auto truck. Licence: Man. T-82.
1 — Auto truck struck by train. Licence: Man. PSV-1311.
Alberta
2 — Automobile struck by train. Licence: Alta. NR-219.
1 — Automobile struck by train. Licence: Alta. NW-316.
— 1 Road grader struck by train.
Of the 36 accidents at highway crossings, 30 occurred at unprotected crossings,
6 at protected crossings, 25 occurred after sunrise and 11 after sunset.
327
SUMMARY OF ORDERS ISSUED BY THE BOARD
95600 Sept. 17 — Approving application of Trans-Canada Pipe Lines Limited to
construct a water and gas main across its company pipe line in
Sec. 36-17-29-W2M., Sask.
95601 Sept. 17 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Beatty Telephone System.
95602 Sept. 17 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Belmont Telephone Co-operative
Association Limited.
95603 Sept. 17 — Permitting the removal of slow order at crossing of the N.Y.C.
Railroad company and Lake St. at Huntingdon, Que., Mileage 47
Adirondack Subd.
95604 Sept. 18 — In the matter of application of the C.P.R. Co. for approval of plan
showing stop signs proposed to be erected at the non-interlocked
grade crossing of the C.N.R. and the C.P.R. Co. at Fredericton, N.B.
95605 Sept. 18 — Approving application of the N.S. Department of Highways for the
installation of automatic protection at Alder Point Road and the
C.N.R., Mileage 92.11 Sydney Subd., N.S.
95606 Sept. 18 — Approving application of the Sask. Department of Highways and
Transportation for the installation of automatic protection at the
crossing of Highway No. 7 and the C.N.R. near Grandora, Sask.,
Mileage 72.8 Asquith Subd.
95607 Sept. 18 — Approving application of the New Brunswick Department of Public
Works for installation of automatic protection at crossing of Highway
27 and the C.P.R. Co. at Mileage 4.33 Mattawamkeag Subd., N.B.
95608 Sept. 18 — Authorizing the C.N.R. to install automatic protection in lieu of the
existing danger sign and bell at crossing of St. Isidore St., Cassleman,
Ont., Mileage 104.48 Alexandria Subd.
95609 Sept. 18 — Approving application of the Alberta Dept. of Highways for installa-
tion of automatic protection at crossing of Highway 2 and the
C.N.R. near Red Deer, Alta., Mileage 0.4 Red Deer Subd.
95610 Sept. 18 — Approving application of the Sask. Department of Highways and
Transportation for the installation of automatic protection at High-
way No. 14 and the C.N.R. near Juniata, Sask., Mileage 87.8 Asquith
Subd.
95611 Sept. 18 — Authorizing the Quebec Department of Roads to re-align and widen
the highway and raise the approach grades at crossing of the
C.P.R. Co. in the Parish of St. Henri de Mascouche, Que., at Mileage
16.34 Trois Rivieres Subd.
95612 Sept. 18 — Authorizing the C.P.R. Co. to reconstruct the easterly end of the
Dominion Atlantic Rly, Company's bridge over the St. Croix River
at Mileage 3.71 Truro Subd., N.S. and remove existing lift span
and replace it with a fixed span.
95613 Sept. 18 — Exempting the C.P.R. Co. from erecting and maintaining right of
way fencing on north side of its Estevan Subd. between Mileages
73.82 and 77.57, Sask.
195614 Sept. 18 — Approving application of the C.N.R. for the location of the station
proposed to be erected at Porcupine Plain, Sask.
95615 Sept. 18 — Approving application of the N.B. Department of Public Works to
install automatic protection at crossing of the highway and the
C.N.R., at first crossing west of station at Upper Caraquet, Mileage
42.49 Caraquet Subd.
95616 Sept. 18 — Approving application of the City of Granby, P.Q. for the installa-
tion of automatic protection at Cowie St. and the C.N.R. Granby,
Mileage 46.31 Granby Subd.
95617 Sept. 18 — Approving application' of the N.B. Department of Public Works for
installation of automatic protection at Highway No. 41 and the
C.P.R. Co. at Mileage 15.29 St. Stephen Subd.
95618 Sept. 18— Approving application of the N.B. Dept. of Public Works for the
installation of automatic protection at crossing of Route 11 and
the C.N.R. in the Village of Upper Caraquet, N.B., Mileage 44.31
Caraquet Subd.
328
95619 Sept. 18 — Permitting the B.C. Power Commission to construct an aerial electric
transmission line over the company pipe line of Trans Mountain
Oil Pipe Line Co. in the Kamloops District of B.C.
95620 Sept. 18 — Approving application of Provincial Gas Company Limited to
construct a gas main to replace the existing crossing over the pipe
line of the Western Pipe Line Company in the Township of Pelham,
Ontario.
95621 Sept. 18 — Approving application of the N.B. Department of Public Works
for the installation of automatic protection at crossing of Highway
No. 8 and the C.N.R. at East Bathurst, N.B., Mileage 4.11 Caraquet
Subd.
95622 Sept. 18 — Authorizing the Ontario Department of Highways to carry Highway
No. 7 over the C.P.R. Co. by means of an overhead bridge in the
Township of Monaghan, Ont., Mileage 27.14 Peterborough Subd.
95623 Sept. 18 — Approving application of the C.P.R. Co. for approval of clearances
at its diesel shop track in Alyth Yard, Calgary, Alta.
95624 Sept. 18 — Approving application of the Ontario Department of Highways for
authority to construct Highway 15 across the C.P.R. Co. in the Town-
ship of Beckwith, Ont., Mileage 16.29 Chalk River Subd.
95625 Sept. 18 — Authorizing the B.C. Power Commission to construct an aerial
transmission line over the company pipe line of Trans Mountain Oil
Pipe Line Company in the Kamloops District of B.C.
95626 Sept. 18 — In the matter of facilities of Sudbury Oil Company for the handling
and storage of flammable liquids at Sudbury, Ont.
95627 Sept. 19 — Approving application of the C.N.R. for an extension of time within
which to install automatic protection at the crossing of Main Street
and the C.N.R. in Maxville, Ont., Mileage 91.3 Alexandria Subd.
95628 Sept. 19 — Approving application of the C.N.R. for an extension of time within
which to install automatic protection at crossing of its railway and
Route de la Station, Village of Ste. Justine, P.Q., Mileage 68.1
Alexandria Subd.
95629 Sept. 19 — Approving application of the N.S. Department of Highways to
construct Yankee-town Road across the C.N.R. by means of a
subway at Mileage 16.4 Chester Subd., near French Village, N.S.
95630 Sept. 19 — Approving application of the C.N.R. to construct a wye track con-
nection between their Lewvan and Lampman Subds. at Minard
Junction, near Lampman, Sask., Mileage 68.2 Lampman Subd.
95631 Sept. 19 — Authorizing the Interprovincial Pipe Line Company to open for
the transportation of oil a portion of its company pipe line in the
Township of Trafalgar, County of Halton, Ontario.
95632 Sept. 19 — Amending Order No. 93754 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway at first public
crossing east of Premont, P.Q., Mileage 71.03 Grand'Mere Subd.
95633 Sept. 19 — In the matter of installation of automatic protection at crossing oi
the highway and the C.N.R. at Auld's Cove, N.S., Mileage 7.0S
Sydney Subd.
95634 Sept. 19 — Amending Order No. 93611 re apportionment of cost of installing
protection at crossing of the C.N.R. and Dewdney Ave., Regina
Sask., Regina Terminal Subd.
95635 Sept. 19 — Amending Order No. 94205 re apportionment of cost, of installin*
protection at the crossing of the C.P.R. and the Trans-Canad;
Highway between Mileages 19.32 and 24.23 Cascade Subd., B.C.
95636 Sept. 19 — Amending Order No. 93584 re apportionment of cost of installing
protection at the crossing of the C.N.R. and St. Francois St., Towi
of Victoriaville, P.Q., Mileage 54.9 Danville Subd.
95637 Sept. 19 — Amending Order No. 94236 re apportionment of cost of installing
protection at crossing of the C.P.R. and Trans-Canada Highway b:
means of an overhead bridge at Mileage 14.7 Cascade Subd., B.C.
95638 Sept. 19 — Amending Order 93811 re apportionment of cost of installing protec
tion at crossing of the C.P.R. and St. Laurent Blvd., Ottawa, Ont.
Mileage 84.51 Montreal and Ottawa Subds.
329
95639 Sept. 19 — Amending Order 93693 re apportionment of cost of installing pro-
tection at crossing of Highway No. 39 (Tecumseh Road) and
Chrysler spur in the Twp. of Sandwich East, Ont. in lieu of existing
protection.
95640 Sept. 19 — Amending Order 93642 re apportionment of cost of installing pro-
tection at crossing of C.N.R. and Wallace Ave., Toronto, Ont.
95641 Sept. 19 — Amending Order 95350 re apportionment of cost of installing pro-
tection at crossing of the C.N.R. and the highway near Clinton, Ont.,
Mileage 42.66 Goderich Subd.
95642 Sept. 19 — Approving supplement to Service Station Contract between The
Bell Telephone Company of Canada and Tuckersmith Municipal
Telephone System.
95643 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Munic. of the Township of Wilmot.
95644 Sept. 19 — Authorizing the C.N.R. to operate their trains under the overhead
bridge at Mileage 92.7 Cornwall Subd., Ont.
95645 Sept. 19 — Authorizing the C.P.R. Co. to operate over the subway at Mileage
87.03 Thompson Subd., B.C.
95646 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corporation of the Township
of North Gosfield.
95647 Sept. 19 — Authorizing the C.N.R. to remove the caretaker at Fairmount, Sask.
95648 Sept. 19 — Authorizing the City of Montreal to construct Western Avenue over
the C.P.R. Co. by means of a subway in the City of Montreal, P.Q.
95649 Sept. 19 — Authorizing the City of Victoria, B.C. to construct a pedestrian
crossing across the spur track of the C.N.R. in the vicinity of Ogden
Point, near Dock St., Victoria, B.C.
95650 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Port Hope Telephone Company
Limited.
95651 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Municipality of the Township of Tiny.
95652 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Commissioners for the Telephone
System of the Municipality of the Village of Coldwater.
95653 Sept. 19 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Howland Municipal Telephone
System.
95654 Sept. 19 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Monk Rural Telephone
Company Limited.
95655 Sept. 19 — Authorizing the C.N.R. to operate its engines, cars and trains under
the overhead bridge at Mileage 100.4 Cornwall Subd., Ont.
95656 Sept. 23 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 83.66 Nechako Subd., B.C.
95657 Sept. 23 — Permitting the removal of slow order at C.N.R. crossing of Beaugrand
St., Montreal, P.Q., Mileage 6.39 Longue Pointe Subd.
95658 Sept. 23 — Authorizing the C.N.R. to deviate and relocate their Jacques Cartier
connection in the Town of St. Laurent and in the City of Montreal,
P.Q., etc.
, 95659 Sept. 23 — Relieving the C.N.R. from erecting right of way fences on both
sides of their right of way between Mileage 53.57 and Mileage 55.01
Avonlea Subd., Sask.
95660 Sept. 23 — Exempting the C.N.R. from erecting and maintaining right of way
fences between certain mileages on its Gladstone Subd., Man.
i 95661 Sept. 23— Approving tolls filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
95662 Sept. 23 — Authorizing the C.P.R. to operate over the subway over Broad
Street, Regina, Sask.
330
95663 Sept. 23 — Authorizing the C.N.R. to operate under the overhead bridge in the
Twp. of Ops, Ont., Mileage 1.90 Midland Subd.
95664 Sept. 23 — Exempting the C.P.R. from erecting and maintaining right of way-
fencing between certain mileages on its Emerson Subd., Man.
95665 Sept. 24 — Amending Order No. 94626 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 22 (Craig St.)
Richmond, P.Q., Mileage 70.93 Sherbrooke Subd.
95666 Sept. 24 — Amending Order No. 94312 re apportionment of cost of installing
protection at crossing of the C.N.R. west of station at Norval, Ont.,
Mileage 27.01 Brampton Subd.
95667 Sept. 24 — Amending Order No. 94590 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Chamberlain St.,
Amherst, N.S., Mileage 75.92 Springhill Subd.
95668 Sept. 24 — Amending Order No. 94409 re apportionment of cost of installing
protection at crossing of the C.N.R. and Barrydowne Road, Mileage
2.55 Sudbury Terminals Subd., Ontario.
95669 Sept. 24 — Amending Order 94275 re apportionment of cost of installing pro-
tection at crossing of the C.P.R. and the highway near Indian River,
Ontario, Mileage 15.34 Peterborough Subd.
95670 Sept. 24 — Authorizing the N.S. Department of Highways to install automatic
protection at the crossing of Highway No. 3 and the C.N.R. at
Mileage 42.88 Yarmouth Subd., N.S.
95671 Sept. 24 — Permitting the removal of slow order at the C.N.R. crossing of
Metcalfe St., Strathroy, Ontario, Mileage 20 Strathroy Subd.
95672 Sept. 24 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Heward, Sask.
95673 Sept. 24 — Authorizing the N.S. Department of Highways to install automatic
protection at crossing of the C.N.R. and Point Tupper Road, N.S.,
Mileage 13.11 Sydney Subd.
95674 Sept. 24 — Amending Order No. 94620 re apportionment of cost of installing
protection at crossing of the C.P.R. and the railway of the Midland
Railway Company of Manitoba at St. Matthews Ave., Winnipeg,
Manitoba.
95675 Sept. 24 — Authorizing the N.S. Department of Highways to install automatic
protection at Lockerby's Crossing and the C.N.R. at Mileage 35.7
Oxford Subd.
95676 Sept. 24 — Amending Order No. 94223 re apportionment of cost of installing
protection at crossing of the Chesapeake and Ohio Railway Company
at Erie St., Leamington, Ontario, Mileage 38 No. 1 Subd.
95677 Sept. 24 — Authorizing the N.S. Department of Highways to install automatic
protection at the crossing of Highway No. 12 and the C.N.R. at
Mileage 53.7 Chester Subd.
95678 Sept. 24 — Permitting the removal of slow order at crossing of the London
& Port Stanley Railway and Concession 9, one mile south of
Glanworth, Ontario.
95679 Sept. 24 — Amending Order No. 94363 re apportionment of cost of installing
protection at crossing of Great Northern Railway Company and
Powell St., City of Vancouver, B.C.
95680 Sept. 24 — Amending Order No. 94625 re apportionment of cost of installing
protection at crossing of C.N.R. and County Road just east of
station at Kerrwood, Ontario, Mileage 26.15 Strathroy Subd.
95681 Sept. 24 — Amending Order No. 94359 re apportionment of cost of installing
protection at crossing of the C.P.R. and Moonlight Bay Road,
Mileage 74.31 Cartier Subd., Ontario.
95682 Sept. 24 — Amending Order No. 93614 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 15, Mileage
113.4 Minaki Subd., Manitoba.
95683 Sept. 24 — Amending Order No. 94069 re apportionment of cost of installing
protection at crossing of the C.N.R. in the Twp. of Vaughan, Mileage
19.6 Newmarket Subd., Ontario.
331
95684 Sept. 24 — Amending Order No. 93813 re apportionment of cost of installing
protection at crossing of the C.N.R. and Provincial Highway No. 3
at Brooklyn, N.S., Mileage 107.52 Chester Subd.
95685 Sept. 24 — Amending Order No. 93674 re apportionment of cost of installing
protection at crossing of the C.P.R. and Horner Avenue, Twp. of
Etobicoke, Ontario, Mileage 2.21 Canpa Subd.
95686 Sept. 24 — Amending Order No. 93812 re apportionment of cost of installing
protection at crossing of the C.N.R. in the Township of Otonabee,
Mileage 59.5 Campbellford Subd., Ontario.
95687 Sept. 24 — Amending Order No. 93766 re apportionment of cost of installing
protection at crossing of the C.N.R. and Erin Street, Saint John,
N.B., Mileage 0.3 Courtenay Bay Branch, Sussex Subd.
95688 Sept. 24 — Amending Order No. 93974 re apportionment of cost of installing
protection at crossing of the C.P.R. and relocated Highway No. 43,
Township of Roxborough, Ontario, Mileage 63.02 Winchester Subd.
95689 Sept. 24 — Permitting the removal of the speed limitation at crossing of the
highway and the C.P.R. at Cavignac, P.Q., Mileage 40.88 St.
Guillaume Subd.
95690 Sept. 24 — Amending Order No. 93904 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway at Mileage 67.51
Clearwater Subd., B.C.
95691 Sept. 24 — Amending Order No. 94508 re apportionment of cost of installing
protection at crossing of the C.P.R. and Finch Ave., Mileage 7.81,
and Main Street, Mileage 8.0 both in MacTier Subd., Township of
North York, Ontario.
95692 Sept. 24 — Amending Order No. 93848 re apportionment of cost of installing
protection at crossing of the C.N.R. and Barton St., Hamilton,
Ontario, Mileage 0.29 Hagersville Subd.
95693 Sept. 24 — Amending Order No. 93888 re apportionment of cost of installing
protection at crossing of the C.N.R. at Finch Avenue, Twp. of
North York, Ontario, Mileage 13.88 Bala Subd.
95694 Sept. 24 — Amending Order No. 94192 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway of Mileage 111.7
Vegreville Subd., Alberta.
95695 Sept. 24 — Authorizing the C.N.R. to install automatic protection at the crossing
of Brookdale Avenue (Highway No. 2) in the City of Cornwall,
Ontario, Mileage 68.53 Cornwall Subd.
95696 Sept. 24 — Amending Order No. 94155 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway west of the
station at St. Apollinaire, P.Q., Mileage 21.5 Drummondville Subd.
95697 Sept. 24 — Amending Order No. 93935 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 54C in the
Parish of Charlesbourg, P.Q., Mileage 3.34 Batiscan Subd.
95698 Sept. 24 — Amending Order No. 94097 re apportionment of cost of installing
protection at crossing of the C.N.R. and French River Road
(Forbes Road) at Merigomish, Pictou Co., N.S., Mileage 56.25
Hopewell Subd.
95699 Sept. 24 — Amending Order No. 94070 re apportionment of cost of installing
protection at crossing of the C.P.R. and Dyke St. in Warren, Ontario,
Mileage 43.09 Cartier Subd.
95700 Sept. 24 — Amending Order No. 94206 re apportionment of cost of installing
protection at crossing of the C.N.R. and Mutual Street, Ingersoll,
Ontario, Mileage 58.7 Dundas Subd.
95701 Sept. 24 — Authorizing the B.C. Department of Highways to construct the
Trans-Canada Highway over the C.P.R. by means of an overhead
bridge at Mileage 81.47 Thompson Subd.
95702 Sept. 24 — Amending Order No. 94046 re apportionment of cost of improving
the sight lines at Mount Pearl crossing near St. John's, Newfound-
land, Mileage 3.37 St. John's Subd.
95703 Sept. 24 — Amending Order No. 94108 re apportionment of cost of installing
protection at crossing of the Chesapeake & Ohio Railway and Queen
Street, Kingsville, Ontario.
332
95704 Sept. 24 — Amending Order No. 94083 re apportionment of cost of installing
protection at crossing of the C.P.R. and Dundas St., Woodstock,
Ontario, Mileage 0.44 St. Thomas Subd.
95705 Sept. 24 — Approving application of the C.N.R. on behalf of North Star Oil
Limited, for approval of location of facilities for handling and
storage of flammable liquids at Alvena, Sask., Mileage 71.15
Meskanaw Subd.
95706 Sept. 24 — Amending Order No. 93705 re apportionment of cost of installing
protection at crossing of the C.P.R. and Centre St. Chatham, Ontario,
Mileage 64.41 Windsor Subd.
95707 Sept. 24 — Amending Order No. 94849 re apportionment of cost in the recon-
struction and improvement to overhead bridge carrying Merritt St.
across the C.N.R. in Merritton, Ontario, Mileage 9.63 Grimsby Subd.
95708 Sept. 24 — Amending Order No. 94071 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway in Lot 7, Cone. 2
and 3, Twp. of King, Ontario, Mileage 24.6 Newmarket Subd.
95709 Sept. 24 — Amending Order No. 93955 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 60 at Val
d'Or, P.Q., Mileage 38.24 Val d'Or Subd.
95710 Sept. 24 — Permitting the removal of statutory speed limitation at crossing of
the C.P.R. at Mileage 8.35 Gait Subd., Toronto, Ontario.
95711 Sept. 24 — Permitting the removal of statutory speed limitation at Public
Crossing No. 32 (Side Road) and the C.P.R. near Cheltenham,
Ontario, Mileage 18.40 Orangeville Subd.
95712 Sept. 24 — Permitting the removal of statutory speed limitation at crossing
of the C.P.R. and the highway at Meadowvale, Ontario, Mileage 2.11
Orangeville Subd.
95713 Sept. 24 — Permitting the removal of statutory speed limitation at crossing
of the C.N.R. and John Street, Weston, Ontario, Mileage 8.63
Brampton Subd.
95714 Sept. 24 — Amending Order No. 93641 re apportionment of cost of installing
protection at crossing of the C.N.R. and County Road No. 18, west
of station at Port Robinson, Ontario, Mileage 10.82 Welland Subd.
95715 Sept. 24 — Amending Order No. 93977 re apportionment of cost of installing
protection at crossing of the C.N.R. and Metabetchouan Road, south
of Blackburn, P.Q., Mileage 57.15 Jonquiere Subd.
95716 Sept. 24 — In the matter of facilities of The British American Oil Company
Limited, for handling and storage of flammable liquids at Morse,
Saskatchewan.
95717 Sept. 24 — Authorizing the installation of automatic protection at crossing of
the C.N.R. and Aird Avenue, Montreal, P.Q., Mileage 9.04 Longue
Pointe Subd.
95718 Sept. 24 — Permitting the removal of statutory speed limitation at crossing
of the C.N.R. and Highway Avenue, London, Ontario, Mileage 75.63
Dundas Subd.
95719 Sept. 24 — Authorizing the C.N.R. to make changes in the interlocking at
crossing of their railway and the C.P.R. at St. Augustin, P.Q.,
Mileage 20.5 Montfort Subd. of the C.N.R. and 28.5 Lachute Subd.
of the C.P.R.
95720 Sept. 24— In the matter of application of the C.N.R. on behalf of Kenebec
Propane Gas Limited, for approval of liquefied petroleum gas at St.
Romuald, P.Q., Mileage 5.63 Drummondville Subd.
95721 Sept. 24 — In the matter of facilities of McColl-Frontenac Oil Company,
Limited, for handling and storage of flammable liquids at Kitchener,
Ontario.
95722 Sept. 24 — Amending Order No. 94153 re apportionment of cost of installing
protection at crossing of the C.P.R. and the highway at Canmore,
Alberta, Mileage 67.05 Laggan Subd.
95723 Sept. 24 — Approving application of the Nova Scotia Department of Highways
for installation of automatic protection at crossing of Highway No. 3
and the C.N.R. (Fresh Brook Crossing) at Mileage 87.90 Yarmouth
Subd.
333
95724 Sept. 24 — Permitting the removal of statutory speed limitation at crossing
of the highway and the C.P.R. at Mileage 16.49 St. Gabriel Subd.,
P.Q.
95725 Sept. 24 — In the matter of tariffs filed by The Bell Telephone Company of
Canada.
95726 Sept. 24 — Amending Order No. 94889 re apportionment of cost of installing
protection at crossing of Highway No. 3 and the C.N.R. at St.
Francois du Lac, P.Q., Mileage 11.35 Yamaska Subd.
95727 Sept. 24 — Amending Order No. 94821 re apportionment of cost of installing
protection at crossing of the Quebec Central Railway and Highway
No. 53 at Ste. Germaine, P.Q., Mileage 45.4 Chaudiere Subd.
95728 Sept. 24 — Amending Order No. 94757 re apportionment of cost of making
changes in the track circuits at crossing of the C.P.R. and Regent
Street in Sudbury, Ontario, Mileage 0.96 Webbwood Subd.
95729 Sept. 24 — Amending Order No. 94699 re apportionment of cost of making
changes in the protection at crossing of the C.N.R. and Davis Drive,
Newmarket, Ontario, Mileage 34.12 Newmarket Subd.
95730 Sept. 24 — Amending Order No. 94747 re apportionment of cost of installing
protection at crossing of the C.P.R. and the highway at Champlain,
P.Q., Mileage 94.8 Quebec Subd.
95731 Sept. 24 — Amending Order No. 94936 re apportionment of cost of installing
protection at crossing of the C.N.R. and St. Pierre Sud range road,
Parish of St. Constant, P.Q., Mileage 18.77 Massena Subd.
95732 Sept. 24 — Amending Order No. 94320 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the highway west of the
station at La Durantaye, P.Q., Mileage 94.79 Montmagny Subd.
95733 Sept. 24 — Amending Order No. 94767 re apportionment of cost of improving
the approach grades at the crossing of the C.P.R. and the highway
in the Twp. of Lobo, Ontario, Mileage 7.30 Windsor Subd.
95734 Sept. 24 — Amending Order No. 94723 re apportionment of cost of installing
protection at the crossing of the New York Central Railroad Com-
pany and Highway No. 20 at St. Stanislas, P.Q.
95735 Sept. 24 — Authorizing the C.N.R. to make changes in the crossing protection
of their railway and Highway No. 16 near Edmonton, Alberta,
Mileage 2.28 Camrose Subd.
95736 Sept. 24 — Amending Order No. 94782 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Highway 33, Mileage
23.65 Trois Rivieres Subd., P.Q.
95737 Sept. 24 — Amending Order No. 94754 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 3 at Mileage
29.41 Yamaska Subd., P.Q.
95738 Sep. 24 — Amending Order No. 94724 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway south of the
station at Falding, Ontario, Mileage 141.16 Bala Subd.
95739 Sept. 24 — Amending Order No. 94763 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 29 at Terre-
bonne, P.Q., Mileage 10.28 Trois Rivieres Subd.
95740 Sept. 24 — Amending Order No. 94310 re apportionment of cost of installing
protection at crossing of the C.N.R. and Chambord Road, at Lac
Bouchette, P.Q., Mileage 47.64 Jonquiere Subd.
95741 Sept. 24 — Amending Order No. 94748 re apportionment of cost of installing
protection at crossing of the C.N.R. and County Road No. 27 near
Paris, Ontario, Mileage 27.66 Dundas Subd.
95742 Sept. 24 — Amending Order No. 94822 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 6 at Escuminac,
P.Q., Mileage 25.42' Cascapedia Subd.
95743 Sept. 24 — In the matter of the Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express
Services.
95744 Sept. 24 — Amending Order No. 94672 re apportionment of cost of installing
protection at crossing of the C.N.R. and Steeles Avenue at Mileage
15.17 Bala Subd., Ontario.
334
95745 Sept. 24 — Amending Order No. 94781 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 36 at Taber,
Alberta, Mileage 75.67 Taber Subd.
95746 Sept. 25 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Prelate, Sask.
95747 Sept. 25 — Amending Order No. 94640 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Smythe Street, Freder-
icton, N.B., Mileage 70.34 Centreville Subd.
95748 Sept. 25 — Amending Order No. 94532 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Victoria Road, Guelph,
Ontario, Mileage 47.80 Brampton Subd.
95749 Sept. 25 — Amending Order No. 94698 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Front Avenue in Brock-
ville, Ontario.
95750 Sept. 25 — Amending Order No. 94500 re apportionment of cost of installing
protection at the crossing of the C.P.R. and County Road No. 4,
Mileage 61.69 Belleville Subd., Ontario.
95751 Sept. 25 — Amending Order No. 94725 re apportionment of cost of making
changes in protection at the crossing of the C.N.R. at Wellington
Street in Aurora, Ontario, Mileage 30.04 Newmarket Subd.
95752 Sept. 25— In the matter of facilities of North Star Oil Company for the handl-
ing and storage of flammable liquids at Lancer, Sask.
95753 Sept. 25 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Buffalo, Alberta.
95754 Sept. 25 — Approving application of the C.P.R. for approval of location of
additional facilities for the handling and storage of diesel fuel oil
at Winnipeg, Manitoba, Winnipeg Terminals.
95755 Sept. 25 — Amending Order No. 94416 re apportionment of cost of improving
sight lines in the Township of Otonabee where the C.P.R. crosses
the Township Road at Mileage 21.64 Peterboro Subd., Ontario.
95756 Sept. 25 — In the matter of facilities of Farmers Oil and Supply Company
Limited for the handling and storage of flammable liquids at
Sceptre, Sask.
95757 Sept. 25 — In the matter of facilities of Standard Oil Company of British
Columbia Limited for the handling and storage of flammable
liquids at Princess, Alta.
95758 Sept. 25 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Portreeve, Sask.
95759 Sept. 25 — Amending Order No. 94854 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the highway at the
first crossing east of station at Lac aux Sables, P.Q., Mileage 16.65
Grand'Mere Subd.
95760 Sept. 25 — Amending Order No. 94628 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 6 at
Mileage 6.19 Cascapedia Subd., P.Q.
95761 Sept. 25 — Amending Order No. 94634 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the highway at Rosseau
Road Station, Mileage 138.7 Bala Subd., Ontario.
95762 Sept. 25 — Amending Order No. 94722 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Nairn Ave. in Winnipeg,
Man., Mileage 64.86 Lac du Bonnet Subd.
95763 Sept. 25 — Amending Order No. 94830 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Highway No. 13 at
Mileage 25.9 Newport Subd., P.Q.
95764 Sept. 25 — Approving application of the C.N.R. re location and design of its
station to be erected at Vanderhoof, B.C.
95765 Sept. 25 — Amending Order No. 94800 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway at Mileage
280.28 Bishop's Falls Subd., Nfld.
95766 Sept. 25 — Amending Order No. 94635 re apportionment of cost of installing
protection at the crossing of the C.P.R. and the highway at Mileage
12.51 Parry Sound Subd., Ontario.
335
95767 Sept. 25 — Authorizing the City of Swift Current to construct Second Avenue
East over the C.P.R. by means of an overhead bridge at Mileage
110.34 Swift Current Subd., Sask.
95768 Sept. 25 — Amending Order No. 94783 re apportionment of cost of improving
the protection at crossing of the C.P.R. and Centre Street, in
Richmond Hill, Ontario, Mileage 21.11 Bala Subd.
95769 Sept. 25 — Amending Order No. 94719 re apportionment of cost of installing
protection at crossing of the New York Central Railroad Company
and Primeau Road in Primeau, P.Q.
95770 Sept. 25 — Approving tariffs filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
95771 Sept. 25 — Amending Order No. 95110 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway 43 at St. Norbert,
Co. of Berthier, P.Q., Mileage 90.61 Grand'Mere Subd.
95772 Sept. 25 — Authorizing the removal of the statutory speed limitation at
crossing of the C.N.R. and the highway west of the station at
Macamic, Mileage 15.82 Macamic Subd., P.Q.
95773 Sept. 25 — Amending Order No. 95112 re apportionment of cost of installing
protection at crossing of the C.N.R. and 7th Street (Lake Bouin
Road) in Val d'Or, P.Q.
95774 Sept. 25 — Amending Order No. 95383 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the second crossing east
of the station at Senneterre, P.Q., Mileage 137.9 Oskelaneo Subd.
95775 Sept. 25 — Amending Order No. 94944 re apportionment of cost of installing
protection at crossing of the C.P.R. and Main Street, Gatineau, P.Q.,
Mileage 111.91 Lachute Subd.
95776 Sept. 25 — Amending Order No. 95154 re apportionment of cost of improving
the sight lines at crossing of the highway and the C.N.R. in the
Township of Goderich, Ontario, Mileage 42.51 Goderich Subd.
95777 Sept. 25 — Amending Order No. 95060 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 50 (Merry
Street) Magog, P.Q.
95778 Sept. 25 — Amending Order No. 95437 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Third Avenue, Owen
Sound, Ontario, Mileage 70.28 Owen Sound Subd.
95779 Sept. 25 — Amending Order No. 95333 re apportionment of cost of installing
protection at the crossing of the C.N.R., the C.P.R. and Barker Street,
Fredericton, N.B., Mileage 108.99 Nashwaak Subd.
95780 Sept. 25 — Amending Order No. 95108 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Highway No. 2 near
Belleville, Ontario, Mileage 94.31 Belleville Subd.
95781 Sept. 25 — Amending Order No. 95205 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 45 west
of Villemontel, P.Q., Mileage 57.08 Amos Subd.
95782 Sept. 25 — Amending Order No. 95059 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Gibson Street, Freder-
icton, N.B., Mileage 58.70 Gibson Subd.
95783 Sept. 25 — Authorizing the removal of the statutory speed limitation at crossing
of the C.P.R. and the highway at Springside, Sask., Mileage 41.3
Wynyard Subd.
95784 Sept. 25 — Amending Order No. 94997 re apportionment of cost of installing
protection at the crossing of the C.N.R. and First Street (Grand
Ligne) Co. of St. Jean, P.Q., Mileage 31.45 Rouses Point Subd.
95785 Sept. 26 — Amending Order No. 95115 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 6 near Dafoe,
Sask., Mileage 15.1 .Sutherland Subd.
95786 Sept. 26 — Amending Order No. 95035 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 2 east of
Port Hope, Ontario, Mileage 36.78 Oshawa Subd.
95787 Sept. 26 — Amending Order No. 95030 re apportionment of cost of installing
protection at crossing of the C.P.R. and the Highway at first crossing
north of station at Lacadie, P.Q., Mileage 24.55 Adirondack Subd.
336
95788 Sept. 26 — Amending Order No. 95223 re apportionment of cost of installing
protection at crossing of the C.N.R. and Belmont Road in Baker
Brook, N.B., Mileage 12.38 Glendyne Subd.
95789 Sept. 26 — Directing the C.P.R. to install automatic protection at the crossing
of its railway and West Street, Trenton, Ontario, Mileage 0.19
Oshawa Subd.
95790 Sept. 26 — In the matter of the facilities of Imperial Oil Limited for the
handling and storage of flammable liquids at Minburn, Alta.
95791 Sept. 26 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Ranfurly, Alta.
95792 Sept. 26 — Amending Order No. 95111 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 45 at Colom-
bourg, P.Q., Mileage 22.06 Macamic Subd.
95793 Sept. 26 — Amending Order No. 95201 re apportionment of cost of installing
protection at crossing of the C.N.R. and the highway at first crossing
east of the station at Drummond, N.B., Mileage 71.19 Grand Falls
Subd.
95794 Sept. 26 — Amending Order No. 95203 re apportionment of cost of installing
protection at crossing of the C.N.R. and Neuville-St. Raymond Road,
Parish of Pointe-aux-Trembles, Co. Portneuf, P.Q., Mileage 16.25
La Tuque Subd.
95795 Sept. 26 — In the matter of facilities of McColl-Frontenac Oil Company Limited
for the handling and storage of flammable liquids at Lloydminster,
Sask.
95796 Sept. 26 — In the matter of facilities of Radisson Cooperative Association
Limited for the handling and storage of flammable liquids at
Radisson, Sask.
95797 Sept. 26 — Amending Order No. 95152 re apportionment of cost of installing
protection at crossing of the C.P.R. and Highway No. 3 west of
Grand Forks, B.C., Mileage 94.48 Boundary Subd.
95798 Sept. 26 — Approving application of the British Columbia Electric Company
Limited for leave to construct gas mains across and under the
company pipe line of Trans Mountain Oil Pipe Line Company on
Poirier Street, near King Albert Avenue, District of Coquitlam, B.C.
95799 Sept. 26 — Approving application of the C.P.R. to operate its engines, cars and
trains over a private siding serving Ocean Steel and Construction
Company Limited, at Chesley St., Saint John, N.B., Mileage 1.59
St. John Subd.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
QEtje Poari) of
^Transport Commissioners; for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, NOVEMBER 15, 1958 No. 16
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of freight rates between Canada and the United States; between
points in the United States passing through Canada, applicable jointly
over the lines of Canadian and United States railways; and export and
import rates between Canadian points and Canadian ports which are
related to similar rates to or from United States ports.
File No. 18540.99
JUDGMENT
By the Board:
On November 4th 1957 we issued a notice in respect of this matter, which
read as follows:
"The Board has had under consideration the procedure it should
follow in respect of rates stated in the subject heading hereof when such
rates are the subject of applications from Canadian and United States
railways seeking authority to increase the same in conformity with
decisions rendered by the Interstate Commerce Commission upon applica-
tions to that body by United States railroads.
"Since the termination of hostilities in world war II six 'Ex-Parte'
cases have been dealt with by the Interstate Commerce Commission
involving some sixteen applications of the railways and upon which some
nineteen authorizations have been given by this Board of which 15 have
been for the main purpose of allowing increased rate tariffs to be filed
on less than statutory notice (30 days).
"The abridged periods of notice have ranged from 1 to 15 days and
have been so granted in order to maintain the continuity of joint inter-
national rates and other rate relationships in the belief that the public
interest would thus be best served.
"The procedure followed in presenting the matter to the Board is
that the United States railroads submit an application which outlines the
basis of their application to the United States tribunal, to which they
attach a copy of the application made to such body, and seek from the
Board authority to make international and other related rates 'effective
on the same date as the increases in interstate and international rates
which may be authorized by the Interstate Commerce Commission'.
337
C3134-1— 1
338
"Following the submission of the application by the United States
lines the Canadian railways then submit to the Board an application in
support of the same, requesting similar authority, and additionally that
the same authorization be given in respect of related export and import
rates.
"International rate tariffs, like all other tariffs filed with the Board, are
susceptible of attack by formal complaint within the provisions of the
Railway Act and thus are subject to determination by the Board within
the scope of its jurisdiction. The degree to which the Board may assert its
jurisdiction over a joint rate between Canada and a foreign country is
dependent upon the particular facts and circumstances involved in each
case and the nature of the relief sought.
"The Board is concerned whether the publication of increased rates
on less than 30 days' notice will detrimentally affect any interested shipper
or consignee in respect of his right, under the provisions of the Railway
Act, to seek relief from any alleged condition of unreasonableness or
unjust discrimination before such increased rates go into effect.
"Earlier in this year the Board made oral representations to the
Interstate Commerce Commission concerning the matter above stated and
requested consideration be given by that body to requiring that any
general increase allowed in respect of international rates be only upon
30 days' notice. The views thus expressed were made public in both
Washington and Ottawa on Monday, June 3rd, 1957.
"At the time this proposal was made public the United States railroads
had completed the presentation of evidence in the Ex Parte 206 case and
were at the stage of argument. It was represented to the Board by these
railroads that the Board's request to the Interstate Commerce Commission
could not then be contested in that case and that they would be precluded
from making any represenations concerning it in their argument. It was
considered by the said railroads that lacking opportunity to place their
views before their Commission and for the Commission to act upon the
Board's proposal would be unfair and involve the United States railroads
in very material loss of the revenue increase they believed they had shown
to be necessary to them.
"The United States railroads asserted to the Board that they would
oppose any difference in effective date of international rate increase from
that authorized within the United States. They cited examples of where
any delay in establishing international rate increases would compel them
to forego necessary increases within the United States, such as on Lumber
from the Canadian Pacific Coast to United States destinations where the
Canadian origin points basically were accorded a competitive level of
rates with those from the North Pacific Coast of the United States.
"The Board did not consider it would be justified in pressing for
observance of its proposal in the light of the explanations given to it by
the United States lines and consequently has temporarily held its request
to the Interstate Commerce Commission in abeyance.
"Many, if not perhaps all, international joint rates accord to Canadian
shippers and consignees total charges less than would accrue if rates
were made on international border combinations. This fact alone warrants
careful consideration by all interested parties. The Board does not wish
to create any condition which would be detrimental to both carriers and
shippers but desires to obtain an expression of views of those interested
upon which to formulate a firm procedure for the future.
339
"The Board desires to obtain the view of all parties as to the following
questions:
1 . Should the Board continue to grant short notice permission to
rail lines to permit uniform application of increased rates on
the same effective date as granted by the Interstate Commerce
Commission? or,
2. Should international rate changes be initiated only by the filing
of tariff schedules on thirty days' notice insofar as the Board is
concerned?
3. What other method of dealing with such matters is suggested?
"In order to accomplish this purpose the Board will grant sufficient
time for any interested party to prepare and file with it a brief
responding to the questions aforesaid. Upon consideration of such briefs
the Board will, if necessary, set a date for oral argument of the matter.
"Those desiring to file briefs are requested to do so on or before the
31st, December 1957 by forwarding fifteen (15) copies to the Secretary,
Board of Transport Commissioners for Canada, Ottawa, Canada. If it is
desired to orally argue the matter, and if good grounds are advanced
therefor, the Board will give due notice of the date, place and time for
oral argument and will, therein, state the names and addresses of those
from whom briefs have been received. Parties who desire to obtain
a copy of any brief are requested to secure them from the person who
prepared and submitted it to the Board. The real necessity for oral
argument will arise only if diametrically opposed viewpoints are expressed
hence it may be helpful to all parties, including the Board, if briefs are
supplied to those requesting the same."
SUMMARY OF THE CIRCUMSTANCES AND CONDITIONS INVOLVED
Copies of the notice were forwarded to Trade Associations, Boards of
Trade, Chambers of Commerce as named in our General Order No. 695; to
Canadian railways and their Associations; to representative United States
railroads; the Press, and to a number of individuals representing commercial
establishments, government agencies and others to whom copies of material
issued by the Board is routinely forwarded. Our desire was that the subject
matter involved be brought to the attention of interested parties to the greaest
possible extent. A certain number of submissions have been made in response
to the notice which are summarized, later herein. In general, the types of
freight traffic movement involved in the subject matter of the notice, are:
1 . Traffic originating in Canada and terminating in the United States,
or vice versa, which moves under joint through published rates.
2. Traffic originating and terminating in the United States which
passes through Canada.
3. Export and import traffic to or from Canadian ports from or to
Canadian points where the rates thereon are on a parity with
rates to or from United States ports.
Insofar as the movement takes place within Canada freight rates applic-
able thereto are subject to the provisions of the Railway Act and thus to the
jurisdiction of this Board.
Substantially all of the first two named movements within the United
States are also subject to the Interstate Commerce Act and thus to the
jurisdiction of the Interstate Commerce Commission.
63134-1—2
340
In the publication of tariffs naming increases in freight rates the normal
period of notice is thirty days from the date the tariff schedule is filed.
Within this time an opportunity is afforded to interested parties to seek
suspension, postponement or disallowance of the increased rates.
Both the Interstate Commerce Commission and this Board have power
under appropriate statute, to abridge the period of notice and do so upon
good cause being shown.
The predominant influence upon the level of the international and
related export-import rates is the structure of rates within the United States.
As that structure has been changed from time to time in the post-war II era,
it has resulted in comparable change in the rates here involved.
Changes in the international rate structure have been initiated by United
States carriers simultaneously with their applications to the Interstate Com-
merce Commission respecting other interstate traffic. Such increases in rate
level which have been authorized by that Commission have applied to traffic
moving within the United States and in respect of its foreign trade through
its ports. An authorization to increase the foregoing type of rate is usally
accompanied by similar authorization in respect of international traffic.
Usually the proceedings before the Interstate Commerce Commission con-
cerning general rate increases are of some considerable duration and are given
publicity sufficient to acquaint all concerned within the United States with
what is at issue. Little if any publicity occurs in Canada respecting the same.
An application by United States carriers to the Interstate Commerce Com-
mission is generally followed by a like application to this Board for authority
to make applicable to international and related traffic the increases allowed
in the same amount and upon the same effective date. Authorizations by the
Interstate Commerce Commission have been, in the main, upon less than 30
days' notice.
It is understandable that when United States carriers are authorized to
increase rates, predicated upon proven revenue need, they suffer considerable
financial loss for each day of delay in implementing the authorization through
tariff publication.
Many of the internal United States rates are the basis for international
traffic and apply to goods entering into competition as between suppliers
in both countries. It has been represented to us by representatives of United
States railroads that unless international rates are simultaneously adjusted
with domestic United States rates, the latter cannot precede the former in
the date of becoming effective.
It is a generally accepted fact that joint international rates modify the
charges which would otherwise apply if rates were charged on the boundary
combinations. The existence of joint international rates is dependent upon
the willingness of the carriers in both countries to agree thereto. To jeopardize
the continuance of these beneficial rates by rigidly applying the normal notice
period thereto, in the circumstances stated, would tend to sacrifice a practical
necessity for the sake of preserving regulatory control. No such procedure
has ever been the intention of this Board.
The present practice of the Board in such cases has been to accept the
application of the United States railroads, which is always supported by
similar application on behalf of Canadian railways, and await the outcome of
the proceedings before the Interstate Commerce Commission. When such out-
come is known the Board is subjected to the strongest possible pressure from
United States railroads to render decision upon the pending application.
341
With a limited time in which to prepare tariffs, file and give notice thereof,
due to short notice permission having been granted in the United States there
is little opportunity for interested Canadian shippers and receivers to become
aware of impending changes in rates vital to them. Similarly should it be
desired to object to the proposed tariff changes little time to do so is thus
afforded; apart from the making of objections the short time of notice gives
little opportunity for interested parties to become familiar with the changes
involved — in fact it has been stated to the Board that some shippers or
receivers become aware of changes in rates only when presented with freight
bills for payment.
The procedure which has been oulined above, as followed at present by
this Board, is founded upon the firm conviction that short notice is preferable
to what might otherwise resolve into border combinations. We have felt,
in general, that continuity of joint international rates and related export-
import rates was in the public interest and outweighed other considerations.
It must be noted that the bringing into force of increased rates without
or with little opportunity to object does not preclude anyone from complaining
that a given rate is either unreasonable per se or unjustly discriminatory and
to have such complaint heard and determined by this Board. Jurisdiction
limitations apply to the prescribing of future rates of this kind, but this Judg-
ment is not concerned with discussion of such limitations.
It was only after much consideration had been given to the problem of
adequate notice and after we had informally approached the Interstate Com-
merce Commission to ascertain if a uniform pattern of thirty days' notice
could be given in respect of international rate structure changes, that we
decided to solicit the views of parties interested.
SUMMARY OF SUBMISSIONS RECEIVED
From the submissions made in response to our notice we have prepared
the following summary:
In response to our notice eleven submissions were received, seven of
which were filed by Canadian shippers and organizations representing them.
The other four came from the Canadian Freight Association; the Canadian
Transport Tariff Bureau; the New York Central System, New York; and the
KVP Company, Kalamazoo, Michigan.
On December 31, 1957, the Chairman and Counsel of the Executive Com-
mittee, Western Tariff Association, Chicago, wired the Board for an extension
of time for filing of submissions to January 20, 1958, as counsel for the United
States' railroads had been unable to meet for final consideration of their sub-
missions. The request was granted but to date no such submissions have
been received.
THE GENERAL POSITION
Most submissions urge that no action should be taken which would in
any way prejudice the continuation of the present system of joint international
rates and related rates but only three submissions suggest another method of
dealing with international rate changes. Six submissions refer to the desir-
ability of a thirty-day notice period. The Regina Chamber of Commerce
would make it mandatory; the Canadian Industrial Traffic League regards it
as an objective to be achieved through discussions with the Interstate Com-
merce Commission; and the other four would prefer it, but not at the expense
of jeopardizing the present system of joint rates.
63134-1— 2J
342
Only two submissions deal with the question of opposition to carriers'
proposals for increases in joint international rates. The KVP Company
takes the view that Canadian railways do not appear to have substantiated
the need for such increases in the past and some arrangement should be made
whereby they submit supporting data to the Board or the Interstate Com-
merce Commission, thus permitting shippers the opportunity of examining
it, cross-examining witnesses, or submitting their own case to the Board. The
Canadian Manufacturers' Association refers to the abridgment, by publication
of increases on short notice, of the rights of shippers to seek relief from any
alleged condition of unreasonableness or unjust discrimination before the
increases go into effect, and suggests, as a solution to this problem, a require-
ment on the railways to serve copies of applications for increases.
THE DANGER OF DIFFERING EFFECTIVE DATES
The Canadian Manufacturers' Association points out that denial of per-
mission to file tariffs on short notice, to permit uniform application of general
increases on the same effective date as permitted by the Interstate Commerce
Commission, and insistence by the Board on the initiation of such changes on
thirty days' notice, could result in: (a) the application of such increases so
as to accrue entirely to United States lines, or (b) withdrawal by United
States lines from participation in joint, through international rates. The
Maritimes Transportation Commission makes the same points and adds that,
as a considerable volume of international traffic does not currently move
under joint rates, but under border combinations of rates, the insistence on
a thirty day period of notice would not benefit such traffic and this might
tend to accentuate any existing disparity between international traffic moving
under the two types of rate.
The Canadian Freight Association states that the entire structure of
international rates between Canada and the United States is so closely inter-
related with rates published between United States' points that any attempt
to treat them differently as to increases could lead to complete disruption of
the entire international rate structure. The Association agrees entirely with
the Chief Commissioner's statement, in his letter of May 30, 1957 to the Chair-
man of the Interstate Commerce Commission, that it was not the Board's sug-
gestion that the application of general increases to United States' overhead
traffic through Canada, and to Canadian export and import traffic moving on
rates related to those through United States ports, should be subject to
statutory notice.
The Position of the Carriers
The Canadian Freight Association states that the present method of dealing
with the problem of increases in such rates has worked in a satisfactory manner
for a long time; that it is the most desirable method; and that the railways
have received no complaints from shippers concerning the present method.
The submission of the New York Central System endorses these views.
The Canadian Transport Tariff Bureau appears to be solely concerned
about increases in export and import rates, as the very few tariffs it prepares
for filing with the Interstate Commerce Commission are not generally filed
at the same time as the increases in railway rates. It feels that thirty days'
notice of filing is fair and points out that its rates must be filed with the
Province of Quebec on a thirty-day notice basis.
343
The Position of the Shippers
In general, these submissions stress the importance of giving the widest
publicity to carriers' proposals for general increases in joint international and
related rates. The great difficulty in obtaining authentic information suffi-
ciently in advance of the effective date of an increase seems to be the major
grievance.
Copies of applications to be served: The Maritimes Transportation Com-
mission recommends that the Board require the railways to serve copies of
their applications with respect to increases in joint international and other
related rates on all parties now served with applications involving intra-
Canadian rates. The Canadian Manufacturers' Association suggests a similar
procedure, with the addition of a notice to the effect that objections to the
application should be filed with the Board within a fixed time. In the event
of any protests being received, a hearing could then be held, if deemed
necessary by the Board, and any authority issued by the Board permitting a
general increase could, if necessary, be qualified as to its scope. The Associa-
tion feels that, if this procedure were followed, the filing of an increase
on less than statutory notice would be of relatively less significance.
A thirty-day notice period: The position of the Canadian Industrial
Traffic League is that while its members are aware of the hearings of applica-
tions for general increases in international rates, they do not know the actual
extent of the increase and the effective date until these are announced by the
Board and the Interstate Commerce Commission. The League feels that permis-
sion to publish such increases on short notice is a distinct handicap to its
members and it would appreciate a thirty-day notice requirement on inter-
national rate changes. A similar position is adopted by the Canadian Pulp
and Paper Association; the Toronto Board of Trade; and Bennett Limited,
Fort Chambly, P.Q.
The Regina Chamber of Commerce is the only body which supports the
initiation of international rate changes only on thirty days' notice.
Further discussion with the I.C.C. Both the Canadian Industrial Traffic
League and the Maritimes Transportation Commission suggest that this matter
be discussed once more by the Board and the Interstate Commerce Commission.
The objective of such a discussion, in the view of the Maritimes Transportation
Commission, would be an understanding between the two bodies to ensure
that no general rate advances would be made effective on less than an agreed
period of notice. The League, on the other hand, considers that the desirable
goal would be thirty days' notice for increases, with the same effective date
for both Canada and the United States.
An International Joint Commission: The Canadian Manufacturers' Asso-
ciation thinks it is feasible to arrange some modus vivendi by consultation
between the two bodies with a view to simultaneous release of particulars
of the authorized increases but submits that joint international rates can be
only effectively regulated by an international joint commission functioning
under complementary legislation enacted in both countries.
CONCLUSIONS
It is evident that most parties who made submissions are aware of the
difficulties inherent in the present method of dealing with joint international
and related rates. It is also apparent that they would be unwilling to
jeopardize the maintenance of such rates to gain a fixed or longer period of
notice in the filing of increased rates by the carrier.
344
While the railways are content with the present method, the dominant
note of the other submissions from the shipping public is that steps be taken
to provide wider publicity of carriers' proposals for rate increases than has
heretofore obtained. Apart from this, the majority of opinion appears to
support the method the Board has followed in the past.
To establish a list of persons, industries or associations to whom copies
of any future applications be sent is feasible but apt to be the cause of some
dissatisfaction if, inadvertently, some person or organization is overlooked.
Associations having national memberships such as the Canadian Industrial ji
Traffic League and the Canadian Manufacturers' Association would appear to
be the most useful medium of disseminating such information. Others of more
local character, such as the Maritimes Transportation Commission would
undoubtedly afford a medium of distribution of impending rate changes. We
consider that, for the present at least, the views expressed in our summary of
these submissions should be commended to the interested railways and that
they should be able, with their more intimate knowledge of affected parties,
to work out a more comprehensive coverage of advance information. We are
prepared to give definite instructions in this regard if it should appear
This Judgment has afforded the Board an opportunity to set forth some of
the problems involved in this type of rate and its ramifications. We are of
the opinion, upon what has been received and commented upon, that our
procedure should continue as heretofore and will terminate these proceedings
herewith. In the circumstances, no order is necessary.
The decision as herein stated was made some time prior to the date o;
the issuance of this Judgment. Since it was made there has come before the
Board requests for authority to publish revised rates on short notice undei
Ex Parte 212 proceedings of the Interstate Commerce Commission upon whicr.
an order dated September 9th 1958 has issued. An examination of the fact.'
and circumstances in respect of the said order does not disclose any grounds foi
departure from the procedure outlined herein.
necessary.
OTTAWA, Canada
September 15, 1958.
(Sgd.) C. D. SHEPARD
H. WARDROPE
A. SYLVESTRE
F. M. MacPHERSON
H. B. CHASE
L. J. KNOWLES
345
SUMMARY OF ORDERS ISSUED BY THE BOARD
95800 Sept. 26 — Amending Order No. 95405 re apportionment of cost of installing
protection at crossing of the C.N.R. and County Road No. 28 west of
the station at Kinburn, Ont. Mileage 28.34 Renfrew Subd.
95801 Sept. 26 — Amending Order No. 95202 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Welland Street in Port
Colborne, Ont., Mileage 18.92 Dunnville Subd.
95802 Sept. 26 — Amending Order No. 95416 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Ste. Croix Boulevard in
St. Laurent, P.Q., Mileage 40.84 l'Assomption Subd.
95803 Sept. 26 — Amending Order No. 95204 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 25 at St. Valier,
P.Q., Mileage 91.41 Montmagny Subd.
95804 Sept. 26 — Amending Order No. 95316 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 10 in
Bic, P.Q., Mileage 28.58 Rimouski Subd.
95805 Sept. 26 — Amending Order No. 95426 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Burnham Street in
Cobourg, Ont., Mileage 265.05 Oshawa Subd.
95806 Sept. 26 — Amending Order No. 95235 re apportionment of cost of improving
the crossing of the C.P.R. and the highway at Mileage 4.49 Teeswater
Subd., Ont.
95807 Sept. 26 — Amending Order No. 95251 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Munroe's Side Road at
Beachville, Ont., Mileage 56.24 Dundas Subd.
95808 Sept. 26 — Authorizing the C.N.R. to remove the caretaker at Beaver, Manitoba.
95809 Sept. 26 Amending Order No. 95233 re apportionment of cost of raising the
approaches at the crossing of the highway and the C.P.R. in the
Township of Lobo, County of Middlesex, Ontario.
95810 Sept. 26 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Iron Bridge Telephone Company
Limited.
95811 Sept. 26 — Amending Order No. 95206 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 10 at
Rosedale, Alta., Mileage 57.2 Drumheller Subd.
95812 Sept. 26 — Amending Order No. 95438 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 6 near
Rowatt, Sask., Mileage 107.9 Lewvan Subd.
95813 Sept. 26 — Amending Order No. 95220 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 8 near
Doaktown, N.B., Mileage 47.28 Nashwaak Subd.
95814 Sept. 26 — Amending Order No. 95425 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 4 at
Ayrness, P.Q., Mileage 37.95 Alexandria Subd.
95815 Sept. 26 — Amending Order No. 95219 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Porter Cove Road at
Ludlow, N.B., Mileage 58.47 Nashwaak Subd.
95816 Sept. 26 — Amending Order No. 95315 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the highway at Mileage
17.01 Rimouski Subd., P.Q.
95817 Sept. 26 — Approving application of the C.P.R. for authority to abandon 1.60
miles of the Carson Spur, Boundary Subd., from International
Boundary to a point just before interchange with the Great Northern
Rly. at Grand Forks, B.C.
95818 Sept. 26— Amending Order No. 95032 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 5 at Mileage
19.8 Danville Subd. P.Q.
346
95819 Sept. 26 — Amending Order No. 95374 re apportionment of cost of installing
protection at the crossing of the C.N.R. and St. Esprit Road, Parish
of L'Epiphanie, P.Q., Mileage 11.35 l'Assomption Subd.
95820 Sept. 26 — Amending Order No. 95402 re apportionment of cost of improving
the crossing of the C.N.R. and the highway at Mileage 26.10 New-
market Subd., Ont.
95821 Sept. 26 — Amending Order No. 95250 re apportionment of cost of improving
the crossing of the C.P.R. and the highway in the Township of
Amaranth, near Orangeville, Ont., Mileage 3.93 Owen Sound Subd.
95822 Sept. 26 — Authorizing the C.P.R. to make changes in the interlocking at crossing
of its spur track and the C.N.R. at Neebing Ave. in West Fort William,
Ont.
95823 Sept. 26 — Amending Order No. 95435 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 2 near Chamber-
lain, Sask., Mileage 53.6 Craik Subd.
95824 Sept. 26 — Amending Order No. 95417 re apportionment of cost of installing
protection at the crossing of the Dominion Atlantic Railway and
Beaver Bank Road, N.S., Mileage 2.91 Halifax Subd.
95825 Sept. 26 — Amending Order No. 95246 re apportionment of cost of installing
protection at crossing of the Dominion Atlantic Railway and Highway
No. 1 in Lawrencetown, Annapolis Co., N.S., Mileage 37.18 Kentville
Subd.
95826 Sept. 26 — Amending Order No. 95245 re apportionment of cost of improving
the approach grades and sight lines at the crossing of the C.P.R.
and the highway near Orangeville, Ont., Mileage 7.36 Teeswater Subd.
95827 Sept. 26 — In the matter of the application of the St. Lawrence Seaway Authority
and the C.N.R. for authority to remove two fixed spans and replace
them with a vertical lift span in the St. Louis Bridge over the
Beauharnois Canal, Soulanges Section of the St. Lawrence Seaway,
P.Q.
95828 Sept. 29 — In the matter of facilities of Pacific Petroleums Ltd. for the handling
and storage of flammable liquids at Bruderheim, Alta.
95829 Sept. 29 — Approving the application of the Sask. Department of Highways
and Transportation for the installation of protection at the crossing
of the C.N.R. and Highway No. 6 near Raymore, Sask., Mileage 83.5
Touchwood Subd.
29 — Approving application of the Town of Burlington, Ont., for the
installation of protection at crossing of the C.N.R. and Walker's Line
Road, two miles east of Burlington, Mileage 29.53 Oakville Subd.
29 — Approving application of the Town of New Glasgow, N.S. for the
installation of improved protection at crossing of the C.N.R. and
St. John Street, New Glasgow, N.S.
29 — Approving Revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Tuque Telephone
Company.
29 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Vegreville, Alta.
29 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Chipman, Alta.
29 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Blackfoot, Alta.
29 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Islay, Alta.
29 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Waseca, Sask.
29 — Authorizing the C.P.R. to remove the station at Westboro, Ont.
29 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at first public crossing west of the
station at Riviere Quelle, Mileage 35.08 Montmagny Subd., P.Q.
95830 Sept.
95831 Sept.
95832 Sept.
95833 Sept.
95834 Sept.
95835 Sept.
95836 Sept.
95837 Sept.
95838 Sept.
95839 Sept.
347
-Authorizing the St. Lawrence Seaway Authority and the New York
Central Railroad Company to remove two fixed spans and replace
them with a vertical lift span in the Valleyfield Bridge crossing the
Beauharnois Canal, Soulanges Section of the St. Lawrence Seaway,
P.Q.
-Authorizing Union Gas Company of Canada Limited to construct a
gas main across and under the company pipe line of Interprovincial
Pipe Line Company in the Township of North Dumfries, Co. of
Waterloo, Ont.
-Approving application of the C.N.R. for rescission of the speed
restriction of ten miles per hour at crossing of its railway and the
St. Albert Trail between 126th and 127th Avenues, Edmonton,
Alberta, Mileage 4.9 Edmonton Terminal Subd., and a speed of 20
miles an hour be authorized over the said crossing.
-Authorizing the C.P.R. to remove the agent and appoint a caretaker
at its station at Burwash, Ont.
-Authorizing Amerada Petroleum Corporation to construct private
roads at two locations across and over the pipe lines of Westspur
Pipe Line Company in the Prov. of Sask.
95845 Sept. 30 — Amending Order No. 95136 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Highway No. 2 near
Belleville, Ont., Mileage 90.05 Belleville Subd.
95846 Sept. 30 — Amending Order No. 93867 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Main Street in Alexandria,
Ont., Mileage 80.15 Alexandria Subd.
95847 Sept. 30 — Amending Order No. 94126 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Notre Dame St. in
Victoriaville, P.Q., Mileage 55.32 Danville Subd.
95848 Sept. 30 — Authorizing the C.N.R. to operate over the pedestrian underpass in
the Twp. of Scarborough, Co. of York, Ont., Mileage 59.73 Uxbridge
Subd.
95849 Sept. 30 — Amending Order No. 93911 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Evans Ave., Twp. of
Etobicoke, Ont., Mileage 1.56 Canpa Subd.
95850 Sept. 30 — Amending Order No. 95431 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 7 near
Pym, Sask., Mileage 61.9 Rosetown Subd.
95851 Sept. 30 — Amending Order No. 94733 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Rosseau Road, Township
of Foley, Ont., Mileage 145.1 Bala Subd.
95852 Sept. 30 — Authorizing the C.P.R. to operate over the northerly half of the
subway at Masson St., Montreal, P.Q., Mileage 3.56 Park Ave. Subd.
95853 Sept. 30 — Amending Order No. 94591 re apportionment of cost of installing
protection at the crossing of the C.N.R. and St. Laurent Boulevard
and the industrial lead track in the City of Ottawa, Ont.
95854 Sept. 30 — Amending Order No. 94253 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Keewatin St. in Winnipeg,
Man., Mileage 3.1 Carberry Subd.
95855 Sept. 30 — Approving application of the C.N.R. for authority to operate over
the private siding serving R.C.A. Victor Company Limited, com-
mencing at Mileage 2.51 Lairet Subd., near Hedley, P.Q.
95856 Sept. 30 — Authorizing the C.P.R. to construct an industrial spur to serve the
Texas Gulf Sulphur Company at Mileage 26.83 MacLeod Subd., at
Okotoks, Alta.
95857 Sept. 30 — Amending Order No. 95074 re apportionment of cost of installing
protection at crossing of the C.P.R. and Don Mills Road, Mileage
101.88 Oshawa Subd., Munic. of Metropolitan Toronto, Ont.
95840 Sept. 29-
95841 Sept. 29-
95842 Sept. 29-
95843 Sept. 29-
95844 Sept. 29-
348
95858 Sept. 30— Amending Order No. 94403 re apportionment of cost of installing
protection at crossing of the C.N.R. and Peppett St. in North Sydney,
N.S, Mileage 99.10 Sydney Subd.
95859 Sept. 30 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
St. Charles de Richelieu.
95860 Sept. 30 — Approving plan of Consumers' Gas Company for a gas main to be
constructed across and under the pipe line of Trans-Canada Pipe
Lines Limited at Harmony Road, Twp. of East "Whitby, Ont.
95861 Sept. 30 — In the matter of facilities of Supertest Petroleum Corporation Limited
for the handling and storage of flammable liquids at Kitchener, Ont.,
Mileage 11.4 Waterloo Subd., Grand River Railway.
95862 Sept. 30 — In the matter of facilities of Trinidad Leaseholds (Canada) Limited
for the handling and storage of flammable liquids at Owen Sound,
Ont.
95863 Sept. 30 — Approving C.P.R. plan showing the protection as installed at crossing
of its railway and Brassard St., Magog, P.Q., Mileage 85.6 Sherbrooke
Subd.
95864 Sept. 30 — Approving application of the Sask. Dept. of Highways & Transporta-
tion to widen Highway No. 42 where it crosses the C.N.R. at Mileage
1.06 Riverhurst Subd.
95865 Sept. 30 — Amending Order No. 94609 re apportionment of cost of improving
the protection at crossing of the C.N.R. and Lazard Avenue in the
Town of Mount Royal, P.Q.
95866 Sept. 30 — Authorizing the removal of the speed restriction at the crossing of
the C.N.R. and the highway at Hillman, N.B., Mileage 123.49 Centre-
ville Subd.
95867 Oct. 1 — Amending Order No. 93635 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway No. 6 at Mileage
39.45 Chandler Subd., P.Q.
95868 Oct. 1 — Amending Odder No. 94085 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Townsend St., Sydney,
Cape Breton County, N.S., Mileage 113.52 Sydney Subd.
95869 Oct. 1 — Authorizing the Municipal District of Kneehill, Alta., to use as a
temporary public crossing the farm crossing over the C.P.R. at
Mileage 62.45 Langdon Subd., Alta.
95870 Oct. 2 — Amending Order 94627 re apportionment of cost of constructing an
overhead bridge over the C.N.R. at Mileage 85.19 Campbellford Subd.,
Twp. of Ops, Ontario.
95871 Oct. 2 — Amending Order No. 94968 re apportionment of cost of installing
protection at the crossing of the C.N.R. and St. Marc-St. Casimir
Road, Munic. of St. Casimir, P.Q., Mileage 42.33 LaTuque Subd.
95872 Oct. 2 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Bridge St. in the Town of St. Leonard, N.B., Mileage
87.61 Grand Falls Subd.
95873 Oct. 2 — Approving application of the C.P.R. on behalf of The British American
Oil Company Limited, for approval of additional facilities for the
handling and storage of flammable liquids at North Bay, Ont.
95874 Oct. 2 — Amending Order No. 92442 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Highway No. 15 at
Stittsville, Ont., Mileage 14.27 Carleton Place Subd.
95875 Oct. 2 — Amending Order No. 94882 re apportionment of cost of installing
protection at crossing of the C.N.R. and Main St. in Maxville, Ont.,
Mileage 91.3 Alexandria Subd.
95876 Oct. 2 — Amending Order No. 94805 re apportionment of cost of installing
protection at crossing of the C.N.R. and Highway 30 at Kapasiwin,
Alta., Mileage 42.88 Wabamun Subd.
95877 Oct. 2 — Authorizing the removal of the statutory speed limitation at crossing
of the highway and the Quebec Central Railway north of Ste. Marie,
P.Q., Mileage 108.88 Quebec Subd.
349
95878 Oct. 2 — Authorizing the C.P.R. as lessee exercising the franchises of the
Ontario & Quebec Railway Company, to construct a siding to serve
Volkswagen of Canada Limited across Ashtonbee Road, Scarborough
Industrial Spur near Warden Ave., Twp. of Scarborough, Ont.
95879 Oct. 2 — Authorizing the Montreal-Laurentian Autoroute Board to extend the
existing subway at the intersection of Persillier Blvd. and the right
of way of the C.N.R. l'Assomption Subd. in the City of Montreal,
P.Q. and authorizing the C.N.R. to construct their right of way across
Persillier Blvd. by means of a temporary overhead trestle south of
the existing subway, City of Montreal, P.Q.
95880 Oct. 2 — Approving tariffs filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
95881 Oct 2 — Approving application of the Quebec Department of Roads for
authority to widen the highway where it crosses the C.N.R. in the
Munic. of Grande Cascapedia, Co. of Bonaventure, P.Q., Mileage
60.58 Cascapedia Subd.
95882 Oct. 2 — Amending Order No. 88437 re construction of subway C.N.R. and
Greenwood Ave. in the City of Toronto, Ont., Mileage 330.27
Oshawa Subd.
95883 Oct. 2 — In the matter of the application of the C.N.R. for approval of plan
showing the protection as installed at crossing of their railway and
Front St. and John St., Toronto, Ont.
95884 Oct. 2 — Amending Order No. 93841 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 2 at Mileage
46.43 Chatham Subd., Ont.
95885 Oct. 2 — Approving application of the C.P.R. to operate its trains over a
private siding serving the Maple Leaf Veneer Company, in the
Township of Bentinck, Ont.
95886 Oct. 3 — Amending Order No. 93806 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Kilborn Ave., Ottawa,
Ont., Mileage 1.53 Sussex Street Subd.
95887 Oct. 3 — Approving City of Winnipeg By-Law prohibiting the sounding of
engine whistles in respect of any highway crossing within the limits
of the said City.
95888 Oct. 3 — Authorizing the City of London, to construct a sewer main across
and under the right of way of the C.P.R. at Pall Mall Street, London,
Ont.
95889 Oct. 6 — Authorizing the removal of the statutory speed limitation at the
crossing of Highway No. 47 and the C.N.R. at Stouffville, Ont.,
Mileage 38.94 Uxbridge Subd.
95890 Oct. 6 — Authorizing the C.N.R. to operate under the overhead bridge in the
Parish of St. Louis de Chambord, Co. of Roberval, P.Q., Mileage
60.56 Jonquiere Subd.
95891 Oct. 6 — Approving application of the City of Winnipeg authorizing the C.N.R.
to synchronize the traffic signals at the intersection of Ellice Ave. and
James St. with the highway crossing signals at Ellice Ave., Winnipeg,
Man.
95892 Oct. 6 — Authorizing the C.N.R. to discontinue their agency at Valley, N.S.
95893 Oct. 6 — Extending the time within which the C.P.R. is required to construct
an industrial spur track at Mileage 35.76 Adirondack Subd., etc., in
the County of Laprairie, Parish of St. Constant, P.Q.
95894 Oct. 6 — Authorizing the C.N.R. to construct a timber bridge over Grass River
at Mileage 12.6 Section A of their Optic Lake to Chisle Lake branch
line, Man.
95895 Oct. 6 — In the matter of Order No. 92554, authorizing the installation of
automatic protection at crossing of the C.P.R. and Ste. Anne St.,
St. Clet, P.Q., Mileage 29.73 Winchester Subd.
95896 Oct. 6 — In the matter of Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express
Service.
350
95897 Oct. 6 — Approving application of the C.N.R. on behalf of The British American
Oil Company Limited, for approval of location of facilities for the
handling and storage of flammable liquids at Sioux Lookout, Ont.
95898 Oct. 6 — Approving tariffs filed by the C.P.R. under Section 8 of the Maritime
Freight Rates Act.
95899 Oct. 6 — Approving tariffs filed by the Canadian Freight Assoc., under Sections
3 and 8 of the Maritime Freight Rates Act.
95900 Oct. 6 — Permitting the removal of the statutory speed limitation at the
crossing of the C.P.R. and the highway at Mileage 93.7 Cartier
Subd., Ont.
95901 Oct. 6 — In the matter of the application of the C.P.R. on behalf of The
British American Oil Company Limited, for approval of location of
additional facilities for the handling and storage of flammable liquids
at Altona, Man., Mileage 6.8 Gretna Subd.
95902 Oct. 6 — In the matter of the application of the C.P.R. for approval of the
location of facilities for the handling and storage of flammable
liquids at Alyth, Alta.
95903 Oct. 6 — Amending Order No. 94890 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Route de la Station, in
the Village of Ste. Justine, P.Q. Mileage 88.1 Alexandria Subd.
95904 Oct. 6 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 16 where it crosses the C.N.R. at Mileage
14.1 Glenavon Subd.
95905 Oct. 6 — Permitting the removal of the statutory speed limitation at crossing
of the C.N.R. and Wilson Townline, Mileage 103.5 Yale Subd., B.C.
95908 Oct. 6 — In the matter of the application of the C.N.R. and C.P.R. for approval
of clearances on the track of The Toronto Harbour Commissioners
serving the Toronto Elevators Limited, in the vicinity of Queen Quay
West and Rees Street, Toronto, Ont.
95907 Oct. 6 — Authorizing the C.N.R. to construct an industrial spur across and
under Bayside Drive, and a highway bridge over the said spur in
East St. John, N.B.
95908 Oct. 6 — Exempting the C.N.R. from erecting and maintaining right of way
fences along the east side of their right of way between Mileage
27.6 and Mileage 31.9 Victoria Beach Subd., Man.
95909 Oct. 6 — Authorizing the C.N.R. to remove the station agent at Long Sault, Ont.
95910 Oct. 6— In the matter of item 220-A of Tariff of Increased Rates and Charges
X212, increasing export and import rates.
95911 Oct. 7 — Authorizing the C.N.R. to make changes in the signal system of the
lift span on Victoria bridge at Montreal, P.Q.
95912 Oct. 7 — In the matter of application of the C.N.R. for approval of facilities
for the handling and storage of flammable liquids at Fitzpatrick, P.Q.,
Mileage 125.37 La Tuque Subd.
95913 Oct. 7 — In the matter of tariffs filed by The Bell Telephone Company of
Canada.
95914 Oct. 7 — Authorizing the removal of the statutory speed limitation at crossing
of the C.P.R. and the highway at Mileage 54.72 Thessalon Subd., Ont.
95915 Oct. 7 — In the matter of tariffs filed by the C.N.R. under the Maritime Freight
Rates Act.
95916 Oct. 7 — Amending Order No. 94764 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 38 in the
Munic. of the Parish of Ste. Dorothee, Co. of Laval, P.Q.
95917 Oct. 7 — Authorizing the New York Central Railroad Company to operate its
trains over the crossing of its railway and the C.N.R. at certain
speeds, at Canfield Junction, Ont. and authorizing the C.N.R. to
operate their trains at 50 m.p.h. over the said crossing.
95918 Oct. 7 — Authorizing the New York Central Railroad Company to operate its
trains over the diamond crossing of its railway and the Chesapeake
and Ohio Railway Company at Fargo, Ont.
351
95919 Oct. 7—
95920 Oct. 7-
95921 Oct. 7-
95922 Oct. 7-
95923 Oct. 7-
95924 Oct. 7-
95925 Oct. 8
95926 Oct. 8-
95927 Oct.
95928 Oct.
95929 Oct.
95930 Oct.
95933 Oct.
95934 Oct.
8—
10-
95931 Oct. 8-
95932 Oct. 8—
9—
95935 Oct. 9-
95936 Oct.
95937 Oct. 9-
95938 Oct. 9—
95939 Oct. 9—
Authorizing the removal of the statutory speed limitation at the
crossing of the C.P.R. and the highway at Mileage 55.2 Outlook
Subd., Sask.
Authorizing the removal of the statutory speed limitation at crossing
of The Toronto, Hamilton & Buffalo Rly. Co., and the highway west
of Smithville, Ont, Mileage 17.97 Welland Subd.
Authorizing the New York Central Railroad Co. and the St. Lawrence
Seaway Authority to construct a swing span to replace a fixed span
of the Melocheville Bridge over the Beauharnois Canal, Soulanges
Section of the St. Lawrence Seaway at Melocheville, P.Q.
Amending Order No. 94942 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 20, Twp.
of Thorold, Ont., Mileage 2.46 Thorold Subd.
Approving protection as now installed at the crossing of the C.N.R.
and Highway No. 11 near Nipissing, Ont., Mileage 57.39 Alderdale
Subd.
Amending Order 91318 authorizing the C.N.R. to install automatic
protection at the crossing of their railway and St. Charles St. in
Dorion, P.Q.
-In the matter of facilities of Standard Oil Company of B.C. Limited
for the handling and storage of flammable liquids at Princeton, B.C.
-In the matter of the application of the C.N.R. on behalf of Imperial
Oil Limited for approval of facilities for the handling and storage of
flammable liquids at Shellbrook, Sask., Mileage 28.5 Blaine Lake Subd.
-Authorizing the C.N.R. to remove the station agent at Sperling, Man.
In the matter of the application of the C.P.R. for approval of clear-
ances on the track of the Lake Erie and Northern Railway Company
at Brantford, Ont., Mileage 21.10.
Authorizing the C.N.R. to replace the existing stone arch culvert with
a 3 span bridge at Mileage 1.0 Drumbo Subd., Ont.
In the matter of the application of The Bell Telephone Company of
Canada for approval of revisions of Tariffs for Exchange and Long
Distance Services and Equipment.
Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Tuckersmith Municipal
Telephone System.
Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Commissioners for the Tele-
phone System of the Municipality of the Twp. of Tarbutt and Tarbutt
Additional.
Authorizing the C.P.R. to remove the station shelter at Talon, P.Q.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Prescott Rural Telephone
Company.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Drummond Centre
Telephone Company Limited.
In the matter of the application of the C.N.R. on behalf of the British
American Oil Company Limited, for approval of facilities for the
handling and storage of flammable liquids at Weyburn, Sask.
Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Munic. of the Twp. of Erin.
Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The New Union Telephone Company
Limited.
Amending Order No. 93721 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Adelaide Street at Mount
Brydges, Ont., Mileage 4.8 Longwood Subd.
352
95940 Oct. 9 Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Perth and Christie's Lake
Telephone Co. Limited.
95941 Oct. 9— Rescinding Order No. 80589 respecting facilities of Marmoraton
Mining Company Limited (Bethlehem Mines Corporation) for the
handling and storage of flammable liquids at Marmora, Ont.
95942 Oct. 9 Authorizing the removal of the statutory speed limitation at the
crossing of the C.N.R. and the highway at Mileage 43.73 Bedford
Subd., N.S.
95943 Oct. 9 — Approving application of the C.N.R. on behalf of Imperial Oil Limited
for the approval of facilities for the storage of flammable liquids and
liquefied petroleum gas at Montreal East, P.Q., Mileage 0.19 Longue
Pointe Subd.
95944 Oct. 9 — Amending Order No. 95434 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the township road in
the Township of Pittsburg, near Rideau Station, Ont., Mileage 168.96
Gananoque Subd.
95945 Oct. 9 — Amending Order No. 93714 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Clarke Side Road at
Mileage 73.97 Dundas Subd.3 Ont.
95946 Oct. 9 — Amending Order No. 93676 re apportionment of cost of installing
protection at the crossing of the C.P.R. and County Road No. A60,
at Manvers' Station, Ont., Mileage 41.83 Peterborough Subd.
95947 Oct. 9 — Approving tariffs filed by the British Columbia Telephone Company.
95948 Oct. 9 — Amending Order No. 94045 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Highway No. 5 at Little
Bras d'Or, N.S., Mileage 91.9 Sydney Subd.
95949 Oct. 9 — Authorizing the Parish of Notre-Dame des Anges, P.Q., to construct
the highway over the C.N.R. in the Co. of Portneuf, P.Q., at Mileage
10.78 Grand'Mere Subd.
95950 Oct. 9 — Authorizing the removal of the statutory speed limitation at the
crossing of the Dominion Atlantic Railway Company and the highway
west of the station at Little Brook, N.S., Mileage 51.42 Yarmouth
Subd.
95951 Oct. 9 — Approving revised plan submitted by the C.N.R. showing the pro-
tection as installed at the crossing of their railway and Clarke
Sideroad, east of Oxford Street, at Mileage 28.3 Thorndale Subd.
Twp. of London, Ont.
95952 Oct. 9 — Authorizing the C.N.R. to remove the station agent at Lowe Farm,
Man.
95953 Oct. 9 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line over the right of way and pipe line of
Trans Mountain Oil Pipe Line Company in District Lot 79 north of
Louis Creek in the Kamloops Land District of B.C.
95954 Oct. 9 — Authorizing Trans-Canada Pipe Lines Limited to open for the trans-
portation of natural gas, that portion of its pipe line from a point in
Lot 15, Con. 9, Twp. of Perry, District of Parry Sound, to a point in
the NEJ of Lot O, Twp. of Hanna, District of Cochrane, Ont.
95955 Oct. 9 — Authorizing Trans-Canada Pipe Lines Limited to open for the trans-
portation of natural gas certain portions of the company pipe line
of the Northern Ontario Pipe Lines Crown Corporation in the Districts
of Thunder Bay and Cochrane, Ontario.
95956 Oct. 9 — Authorizing the C.P.R. to make changes to the signals at the crossing
of its railway at Mileage 32.29 St. Thomas Subd., and the C.N.R. at
the crossing of its railway at Mileage 117.8 Cayuga Subd., at St.
Thomas, Ont.
95957 Oct. 9 — Amending Order No. 95395 re apportionment of cost of installing
protection at the crossing of the C.N.R. and the highway in Burling-
ton, Ont., Mileage 29.53 Oakville Subd.
353
95958 Oct.
95959 Oct.
95960 Oct.
95961 Oct.
95962 Oct. 9
9 — Amending Order No. 95340 re apportionment of cost of installing
protection at the crossing of the C.P.R. and the highway in the Town
of Kenora, Ont., at Mileage 1.95 and Mileage 1.75 Keewatin Subds.
9 — Approving plan submitted by the C.P.R. showing the relocation of
signal protection at the crossing of its railway and Highway No. 48
at Mileage 7.7 St. Gabriel Subd., P.Q.
9 — Approving location of facilities of Imperial Oil Limited, for the
handling and storage of flammable liquids at Lewisporte, Nfld.,
Mileage 9.34 Lewisporte Subd.
9 — Approving application of the N.S. Department of Highways to recon-
struct the overhead bridge carrying the highway over the C.N.R. in
Gloucester Co., N.S., at Mileage 20.1 Springhill Subd.
Approving application of the C.N.R. to install protection at the
crossing of its railway and Brant Street, in Burlington, Ont. and the
apportionment of cost in connection therewith.
95963 Oct. 10 — Approving tariffs filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
95964 Oct. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone St. Felix
de Kingsey.
95965 Oct. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Wollaston Rural Telephone System.
95966 Oct. 10 — Rescinding Order 80480 respecting facilities of Western Uranium
Cobalt Mines Limited for the handling and storage of flammable
liquids at Skeena Crossing, B.C.
95967 Oct. 10 — Rescinding Order 63043 respecting facilities of Good Rich Refining
Company Ltd., for the handling and storage of flammable liquids at
Allandale, Ont.
95968 Oct. 10 — Rescinding Order 68604 respecting facilities of Shell Oil Company
of Canada Limited, for the handling and storage of flammable liquids
at Newmarket, Ont.
95969 Oct. 10 — Rescinding Order 74043 respecting facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at St. Remi, P.Q.
95970 Oct. 10 — Authorizing The Bell Telephone Company of Canada to construct
buried telephone cables across the pipe line of Trans Northern Pipe
Line Company in Lot 11, East of Chemin St. Emmanuel, Parish of
St. Clet, County of Soulanges, P.Q., and in Lot 1839 northeast of
Highway 17 in the Munic. of Vaudreuil, County of Vaudreuil, P.Q.
95971 Oct. 10 — Rescinding Order No. 67711 respecting facilities of The Sun Oil
Company Limited for the handling and storage of flammable liquids
at Barrie, Ont.
95972 Oct. 10 — In the matter of the application of the C.N.R. for authority to remove
the caretaker at Woodnorth Stn., Man.
95973 Oct. 10 — Authorizing the C.N.R. to remove the caretaker at Pascalis, P.Q.
95974 Oct. 10 — Approving application of the C.N.R. on behalf of Steelman Gas,
Limited, respecting facilities for the handling and storage of flam-
mable liquids at Steelman, Sask., Mileage 31.51 Northgate Subd.
95975 Oct. 10 — Authorizing the C.P.R. to remove the agent and appoint a caretaker
at Bonfield, Ont.
95976 Oct. 14 — Approving application of the Township of Oro for the installation
of protection at the crossing of the C.N.R. and the town line between
the Twp. of Oro and the Twp. of Orillia north of Carthew, Ont.,
Mileage 80.83 Newmarket Subd.
95977 Oct. 14 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway near Abbotsford, P.Q., Mileage 11.88
St. Guillaume Subd.
354
95978 Oct. 14 — Authorizing the removal of the speed limitation at the crossing of
Lincoln Street and the Niagara, St. Catherines and Toronto Railway,
Welland, Ont., Mileage 16.56 Welland Subd.
95979 Oct. 14 — Authorizing the removal of the speed limitation at the crossing of
the Chesapeake and Ohio Railway Company (Pere Marquette District)
and the Second Concession at Chatham, Ont.
95980 Oct. 14 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. east of Bothwell, Ont., Mileage 38.65 Chatham
Subd.
14 — Authorizing the removal of the speed limitation at crossing of the
highway and C.P.R. at Mileage 57.04 Laggan Subd., Alta.
14 — Exempting the C.P.R. from erecting and maintaining right of way
fencing between Mileages 77.57 & 78.91 Estevan Subd., Sask.
14 — Authorizing the Quebec Dept. of Roads to construct Highway No. 45
over the C.N.R. in the Twp. of Landrienne, P.Q., Mileage 33.82
Amos Subd.
14 — In the matter of application of the C.P.R. for a recommendation by
the Board to the Governor in Council for sanction of an agreement
providing for the joint use by the parties thereto, of a portion of the
railway over and adjacent to the bridge across the St. John River,
connecting Fredericton and South Devon, N.B.
14 — Authorizing the removal of the speed limitation at crossing of Prov.
Highway No. 85 and the C.N.R., two miles south of St. Jacobs, Ont.,
Mileage 5.83 Waterloo Subd.
14 — Authorizing the C.N.R. to remove the station agent at Marieapolis,
Man.
95987 Oct. 16 — Approving application of the C.P.R. on behalf of Edwards Sudbury
Limited, for the proposed location of facilities for handling and
storage of flammable liquids at Whitefish, Ont., Mileage 18.34
Webbwood Subd.
95988 Oct. 16 — Authorizing the removal of the speed limitation at the crossing of
Sidney Road and the C.N.R. at Trenton, Ont., Mileage 231.57 Oshawa
Subd.
95989 Oct. 16 — In the matter of changes in the protection at the crossing of Harris
Road and the C.P.R. at Pitt Meadows, B.C., Mileage 107.35 Cascade
Subd.
95990 Oct. 16 — Approving application of the Interprovincial Pipe Line Company
under Section 31 of the Pipe Lines Act, for leave to carry a second
line of pipe across all highways, railways, etc., as listed in its
application.
95991 Oct. 16 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Bethesda and Stouffville
Telephone Company Limited.
95992 Oct. 16 — Authorizing the C.N.R. to remove the station agent at Cedars, P.Q.
95993 Oct. 16— Rescinding Order No. 64095 in the matter of facilities of the Depart-
ment of National Defence, Naval Services, for the handling and
storage of flammable liquids at Morse Creek, Prince Rupert, B.C.
95994 Oct. 17 — Authorizing the Department of Agriculture of Canada to construct
an access road over the company pipe line of the Interprovincial
Pipe Line Company on the north boundary of Section 4, Twp. 27,
Rge 6, W3M., Sask.
95995 Oct. 17 — Authorizing the C.P.R. to publish a proportional rate from Chalk
River, Ont., to Ogdensburg (Ferry Slip) N.Y., on Spent Fuel Elements,
Radioactive, destined to Dunbarton, North Carolina.
95996 Oct. 17 — Authorizing the C.N.R. to operate over the lift span in the St. Louis
Bridge over the Beauharnois Canal, Soulanges Section of the St.
Lawrence Seaway, P.Q.
95981 Oct.
95982 Oct.
95983 Oct.
95984 Oct.
95985 Oct.
95986 Oct.
355
95997 Oct. 17 — In the matter of the application of the C.P.R. for authority to con-
struct an industrial spur track to serve Meridian Investments Limited,
at Mileage 2.0 Red Deer Subd. and Highway No. 2 and certain
unopened streets in the City of Calgary, Alta.
95998 Oct. 20 — Authorizing the C.P.R. to relocate its railway at the crossing of the
highway between Mileages 0.94 and 1.15 Tobique Subd., Parish of
Perth, Co. of Victoria, N.B.
95999 Oct. 20 — Authorizing The Bell Telephone Company to construct a buried cable
across and under the pipe line of Trans-Canada Pipe Lines Limited
in the Twp. of Markham, Ont.
Edmond Cloutier, C.M.G., O.A., D.S.P., Queen's Printer and Controller of Stationery, Ottawa, 1958
7T
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA
JUDGMENT AND ORDER
In the matter of the application of the Railway
Association of Canada and certain of the member
companies, dated the 16th day of September,
1958, under Section 328 of the Railway Act, and
all other relevant sections thereof and under
Sections 3 and 8 of the Maritime Freight Rates
Act for authority to make immediate interim
increases in their tolls or rates for the carriage of
freight traffic on their lines in Canada,
In the matter of the application of the Canada
Steamship Lines dated the 2nd day of October,
1958, for authority to issue revised tariffs on short
notice covering such changes in its rates as any
authorized change in the rail rates will require.
THE QUEEN'S PRINTER AND CONTROLLER OF STATIONERY
and
File No. 48771
NOVEMBER 17, 1958
65489-7—1
OTTAWA, 1958
QTftc poarb of
atran^port Commissioner* for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, NOVEMBER 15, 1958 No. 16A
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
INDEX
Page
THE APPLICATION 5
MOTION FOR DISMISSAL OF THE APPLICATION 7
EVIDENCE 8
ARGUMENT BY COUNSEL FOR THE RAILWAYS 10
ARGUMENT BY COUNSEL FOR THE PROVINCES 10
LAW AND METHOD FOLLOWED BY THE BOARD 11
Legal duty
Method of determining permissive level of rates
Uniform percentage increases
CONSIDERATION OF FUTURE LABOUR COSTS 15
DISTORTIONS IN THE FREIGHT RATE STRUCTURE 16
General
Passenger services
Grain rates
Competitive rates and agreed charges
International rates
Rate increases applied on remainder of freight traffic.
OTHER OBJECTIONS TO PROPOSED INCREASES 20
Differential rates via water routes
Lignite coal
The agricultural industry-
Additional submissions
YARDSTICK RAILWAY 23
INCREASES AUTHORIZED 24
EFFECT OF FREIGHT RATE INCREASES 25
APPENDIX (Pages i to vi) 28
FURTHER OBSERVATIONS BY COMMISSIONER H. B. CHASE 32
ORDER 37
3
4
In the matter of the application of the Railway Association of Canada and
certain of the member companies, dated the 16th day of September, 1958,
under Section 328 of the Railway Act, and all other relevant sections
thereof and under Sections 3 and 8 of the Maritime Freight Rates Act
for authority to make immediate interim increases in their tolls or rates
for the carriage of freight traffic on their lines in Canada,
and
In the matter of the application of the Canada Steamship Lines dated the 2nd
day of October, 1958, for authority to issue revised tariffs on short notice
covering such changes in its rates as any authorized change in the rail
rates will require.
File No. 48771
Before:
Rod Kerr, Q.C., Assistant Chief Commissioner
A. Sylvestre, Q.C., Deputy Chief Commissioner
F. M. MacPherson, Commissioner
H. B. Chase, C.B.E., Commissioner
L. J. Knowles, Commissioner.
Appearances:
Gordon W. Ford, Q.C.
and
H. C. Friel, Q.C.
Gordon W. Ford, Q.C.
H. C. Friel, Q.C.
J. W. G. MacDougall, Q.C.
and
W. G. Boyd
for the Railway Association of
Canada.
for Canadian National Railways.
I. D. Sinclair, for the Railway Association of Canada.
t
L D. Sinclair,
and
G. P. Miller
Pacific Railway
C. W. Brazier, Q.C, for the Province of British Columbia.
•for Canadian
J Company.
J. J. Frawley, Q.C, for the Province of Alberta.
D. K. MacPherson, for the Province of Saskatchewan.
A. V. Mauro,
and
V. M. Stechishin
F. D. Smith, Q.C.
and
H. A. Mann
| for the Province of Manitoba.
1 for the Maritimes Transportat on
J-Commission on behalf of Nova Scotia,
J New Brunswick, Prince Edward Is-
land and Newfoundland.
D. Gordon Blair, for Great West Coal Company and Manitoba and
Saskatchewan Coal Company.
Rand H. Matheson, representing Dominion Steel and Coal
Corporation.
5
R. W. Keyes, representing Manitoba Hydro-Electric Board.
A. R. Treloar, representing Canadian Manufacturers' Association.
C. A. Wilson, representing Canada and Dominion Sugar Company.
R. G. Hutchinson, representing Gypsum, Lime and Alabastine
(Canada) Limited.
J. H. Williams, representing Canadian Lumbermen's Association.
J. P. Molloy, representing Anglo-Newfoundland Development
Company.
R. I. Wallace, representing Canadian Transport Tariff Bureau.
T. E. Lang, representing Carnation Company Limited.
R. W. Carbert, representing Canadian Federation of Agriculture.
James Patterson, representing Interprovincial Farm Union
Council.
Evan McCormick, representing Winnipeg Chamber of Commerce.
W. S. Campbell, representing British Columbia Lumber Manu-
facturers' Association and Plywood Manufacturers' Associa-
tion of British Columbia.
Heard at Ottawa on October 6, 7, 8 and 9, 1958.
JUDGMENT
By the Board:
THE APPLICATION
The application, dated September 16, 1958, was made by the Railway
Association of Canada and its member companies listed in Part I of Schedule
"A" to the application, including the Canadian Pacific Railway Company and
Canadian National Railways. The Association and member companies are
herein sometimes referred to as the "Applicant"; the companies are sometimes
referred to as the "railways".
The application stated, inter alia, that
(1) In November 1957 the Unions representing the non-operating employees
of the railways served demands to amend their Collective Agreements to provide,
effective January 1, 1958, increased wages, improved fringe benefits and certain
changes in working rules.
(2) Early in 1958, the Unions representing the operating employees served
demands for increased wages, improved fringe benefits and rule changes which
would bring about increases in the compensation of the operating employees
at least as great as those involved in the demands of the non-operating
employees.
(3) Negotiations in respect of the demands of the operating employees
were awaiting the outcome of those of the non-operating employees.
(4) Negotiations with the non-operating employees failed to bring about
an agreement and a Conciliation Board under the Industrial Relations and
Disputes Investigation Act (R.S.C. 1952, c. 152) was established in February
1958 under the Chairmanship of the Hon. Mr. Justice H. F. Thomson of the
Court of Queen's Bench of Saskatchewan.
65489-7—2
6
(5) The Conciliation Board, after extensive hearings, issued its Report
containing the recommendations of the Chairman and the nominee of the
Unions, which recommended that the Collective Agreements of the non-
operating employees be amended by making provision for increases in the wages
or salaries of the non-operating employees as follows:
(a) An increase of 4c per hour, retroactive to January 1, 1958.
(b) A further increase of 3% to be effective on September 1, 1958, cal-
culated on the wage rates which were in force at December 31, 1957.
(c) A further increase of 3% to be effective on April 1, 1959, calculated
on the wage rates which were in force at December 31, 1957.
The Report further recommended four weeks' vacation with pay after
thirty-five years' service and noted that two weeks' vacation with pay after
two years' service was provided under the Annual Vacations Act which would
come into force on October 1, 1958, and which sets the minimum standard for
vacations for employees of all works, undertakings or businesses under the
jurisdiction of Parliament. Demands of the Unions respecting improved health
and welfare benefits were withdrawn from consideration by the Conciliation
Board by virtue of a settlement which provides that increased costs to be
incurred in 1959 to maintain the present general level of benefits will be
shared equally by the railways and. their employees.
(6) The Unions representing the non-operating employees advised the
Department of Labour that the recommendations in the Report were accepted
and that they desired to have their dispute with the railways adjusted
accordingly.
(7) The railways informed the Department of Labour that they could
neither accept nor reject the Report until they had fully explored sources of
additional revenue.
(8) The non-operating Unions then advised the Department of Labour that
in the circumstances preparations were being made to take a strike vote.
(9) The railways then informed the Department of Labour on September
11, 1958, that the necessary revenues to meet the additional cost consequent
upon applying the recommendations of the Report to all railway employees
could only be realized through an increase in freight rates and that when freight
rates were increased to meet such costs the railways would be prepared to
settle their dispute with the non-operating employees in accordance with the
recommendations of the Conciliation Board and to offer on the same basis
increased compensation in respect of the work performed by their operating
employees.
(10) The cost of applying the recommendations of the Report to all railway
employees in the period January 1, 1958 to December 31, 1959, would add to
rail expenses for Canadian National $41.5 million and for Canadian Pacific
$26.5 million.
(11) The financial plight of Canadian National is such that it must be
assured a full requitement of the additional cost consequent upon acceptance
of the said Report before it can negotiate agreements with its non-operating
employees and offer similar adjustments to its other employees. Full requite-
ment of Canadian National for such cost would, when applied to Canadian
Pacific, leave Canadian Pacific far short of earning the level of net rail income
on the basis the Board of Transport Commissioners has adjudged to be just
and reasonable. Such a basis is accepted for the purposes of the application.
7
The relief requested by way of interim increase would not provide Canadian
National or Canadian Pacific with sufficient net earnings to meet their financial
needs based on any test. Such relief by way of an interim increase is proposed
only to eliminate controversy between the Applicant and those who may appear
in opposition to the application, and to enable the Board to deal expeditiously
with the application.
(12) To enable Canadian National to secure full requitement of the said
additional labour cost would require a general increase in freight rates of
19% (25c per ton on coal and coke).
The Applicant accordingly by way of interim relief requested the Board
to grant an immediate interim increase of 19% (25c per ton on coal and coke),
such increases to be applied as set forth in Schedule "B" to the application.
The application also stated that the estimated net rail income of Canadian
Pacific in 1958 will be $38.5 million after applying the proposed rate increases
as and from November 1, 1958, and upon implementation of the undertaking
of Canadian Pacific respecting payment of the additional wages; and that the
estimated net rail income of Canadian Pacific in 1959 on the said basis will be
$47.4 million, and accordingly the Applicant by way of final relief on the
application further requested authority to increase the then existing level of
freight rates by such a percentage and by such an increase on coal and coke
in addition to the requested interim increase, as would enable Canadian Pacific
to earn the permissive level of earnings under the "requirements formula";
and for such further and other relief as changes in conditions and circumstances
after filing of the application warrant.
The Board directed that the Applicant file with the Board on or before
September 29, 1958, copies of precis of evidence to be adduced in support of
the requested interim increase and deliver copies of such precis to any person
requesting same.
MOTION FOR DISMISSAL OF THE APPLICATION
At the commencement of the hearing Counsel for the Provinces made a
motion that the application for an interim increase be dismissed, upon the
following grounds:
(1) that the application was premature and anticipatory in that the rail-
ways as of the date of the application had neither paid out nor contracted to
pay any increase in wages resulting from the majority award of the Conciliation
Board referred to in Paragraph 5 of the Application;
(2) that the application in effect sought from the Board of Transport Com-
missioners a declaratory judgment and that the said Board unlike a Superior
Court possessed no power to pronounce a declaratory judgment of the kind
sought by the Applicant;
(3) alternatively, that if the said Board had power to pronounce a
declaratory judgment in the premises it should exercise its discretion against
the Applicant;
(4) that the Applicant in effect is attempting to place the Board in the
de facto position of a Conciliation Board and is requesting the Board in effect
to accept the majority award of the Conciliation Board referred to in paragraph
5 of the application;
65489-7— 2£
8
(5) that in effect the application for a freight rate increase based upon
anticipated increased wage costs improperly seeks to transfer to the Board of
Transport Commissioners a function of railway management.
The Board dismissed the motion in the following words as appears in
the transcript of evidence p. 8230:
"We consider that the Board has jurisdiction to hear the application
and to grant such relief as to the Board may seem just and proper. We
are, of course, not deciding now whether any relief or what relief is
just and proper. We have concluded that we should allow the railways
to present evidence to show their present and prospective condition, such
evidence as will be helpful to the Board in determining just and reason-
able rates for the next year or so. Five members of the Board are
available here and now to hear this major case. Time has been allotted
for that purpose, time which may not be available again in the near
future because of the very considerable other matters requiring the
Board's attention. Notice of the hearing has gone out throughout Canada,
interested parties, numerous witnesses and counsel are here now. In
the circumstances the Board has concluded that it will hear the evidence
at this time. The motion is therefore dismissed."
EVIDENCE
Evidence adduced by the railways confirmed the correctness of the state-
ments in the application respecting the demands made by their employees, the
negotiations in respect of such demands, the Report and recommendations of
the Conciliation Board, the acceptance by the non-operating Unions of such
recommendations, and the decision of the railways respecting the recom-
mendations as communicated to the Department of Labour.
Other evidence for the railways was that operating empoyees have in-
variably received wage increases no less favourable to them than those granted
to the non-operating employees and that the outcome of the dispute with the
non-operating employees will be the determining factor in obtaining settlements
with the operating employees; that the cost of applying the recommendations
is extended to cover unorganized clerical employees, as it is necessary that they
be given similar treatment to that afforded to the organized non-operating
employees; also that Canadian Pacific has approximately 79,000 rail employees
(excluding divisional and executive officers and assistants), of which approxi-
mately 61,800 are non-operating employees.
A copy of a letter (Exhibit 58-6) dated September 4, 1958, from the
Chairman of the Negotiating Committee to the Minister of Labour was filed
and the last paragraph is as follows:
"I have to advise you, with extreme regret, that in the circumstance
of the railways' failure to accept the Report of the Board, there appears
to the representatives of the employees no alternative than to submit the
matter to the employees for an expression of their desire, or otherwise,
to withdraw from service."
A strike ballot (Exhibit 58-19A) was distributed to the non-operating
employees of both Canadian Pacific and Canadian National, returnable not
later than November 1, 1958.
Considerable evidence, with exhibits, was given for both Canadian National
and Canadian Pacific respecting wage costs, volume of traffic, rail revenues and
expenses, net rail income and other matters. Only certain portions of the
evidence and exhibits will be referred to particularly herein.
9
Exhibits 58-17 and 58-27 show for Canadian National and for Canadian
Pacific respectively details of the estimated additional labour costs referred to
in the application. These Exhibits are reproduced on pages i and ii of the
Appendix to this Judgment.
Canadian National's Exhibit 58-14 shows details of the estimated revenue
which it will obtain from the various types of traffic if the requested freight
increases were effective commencing November 1, 1958. Exhibit 58-22 filed by
Canadian Pacific shows similar information for that railway. These Exhibits
are reproduced on pages iii and iv of the Appendix to this Judgment.
The following statements, compiled by the Board from exhibits filed by
the railways, show for the two railway systems the estimated net rail income
before fixed charges under present wage rates and freight rates as well as the
effect of the proposed increases in labour costs and the increases in freight
rates requested in the application if these were authorized effective November
1, 1958.
Canadian National Railways
(Canadian Lines)
Estimated
(000 omitted)
1958 1959
Rail income under present freight rates $619,700 $634,600
Rail expense under present wage rates 632,100 636,900
Net Rail Income (Before Fixed Charges) Under Present
Wage Rates and Freight Rates 12,400* 2,300*
Add: Cost of proposed increases in labour costs 11,500 30,000
Deduct: Additional revenue if requested increased freight
rates effective November 1, 1958 5,500 35,300
Net Rail Income (Before Fixed Charges) With Increased
Labour Costs and Increased Freight Rates $ 18,400* $ 3,000
* Deficit
Canadian Pacific Railway
Estimated
(000 omitted)
2958 1959
Rail income under present freight rates $511,706 $523,512
Rail expense under present wage rates 471,486 480,279
Net Rail Income (Before Fixed Charges) Under Present
Wage Rates and Freight Rates 40,220 43,233
Deduct: Cost of proposed increases in labour costs 7,096 19,224
Add: Additional revenue if requested increased freight rates
effective November 1, 1958 .' 4,282 27,724
Add (or deduct £) : Applicable Income Tax 1,305 3,921#
Net Rail Income (Before Fixed Charges) With Increased
Labour Costs and Increased Freight Rates $ 38,711 $ 47,812
10
Canadian Pacific's Exhibit 58-30 shows that, on comparing the Company's
net rail income (with adjustments for additional labour costs and the rate
increases applied for) with the permissive level computed under the financial
requirements formula on the basis heretofore determined by the Board, the
estimated deficiency in Canadian Pacific's net rail income for 1958 would be
$15,125,000 and for 1959 $7,413,000. These figures are computed on the basis
that only the amount of depreciation charged in the Company's books would
be claimed as capital cost allowance for income tax purposes. Exhibit 58-31,
filed by the Company, shows that even if maximum capital cost allowance
were to be claimed for income tax purposes and rail income received the benefit
of any tax reduction the adjustments for additional labour costs and the rate
increases applied for would still leave Canadian Pacific with a deficiency in
net rail income estimated at $6,336,000 for 1958 and $222,000 for 1959. Exhibits
58-30 and 58-31 appear on pages v and vi of the Appendix to this Judgment.
Canadian Pacific also gave detailed evidence respecting maintenance and
operating efficiency. It showed among other things that Canadian Pacific's
operating efficiency, measured by gross ton miles per freight train hour,
increased from 36,136 in 1956 to 36,682 in 1957, is currently running at approxi-
mately 42,000 for 1958 and is estimated to increase in 1959.
The only witnesses who gave evidence or submissions viva voce, other than
witnesses for the railways, were Mr.. McCormick for the Winnipeg Chamber of
Commerce, Mr. Keyes for Manitoba Hydro-Electric Board, Mr. Patterson for
Interprovincial Farm Union Council and Mr. Carbert for the Canadian Federa-
tion of Agriculture. Their opposition to the application is referred to later
herein under the heading "OTHER OBJECTIONS TO PROPOSED INCREASES".
Counsel for Alberta filed exhibits respecting agreed charges.
ARGUMENT BY COUNSEL FOR RAILWAYS
Summarizing briefly and generally the argument of Counsel for the
railways, on the merits of the application, they argued that changing condi-
tions and cost of transportation make necessary an increase in the general
level of freight rates; immediate relief is urgently needed by the railways
to meet the crisis of the existing labour situation; the present level of freight
rates is inadequate judged by any reasonable standard; the requested increases
would provide a general level of freight rates that would yield revenues below
the level adjudged to be just and reasonable by the Board on the basis of
the requirements formula and would not be unjust or unreasonable to the
public; Canadian National for the first time in twenty years has a deficit
before fixed charges; and that the determining factor must be the amount
required to enable Canadian National to meet its additional labour costs, and
the interim increases should be granted on the basis of the immediate requite-
ment needs of Canadian National.
ARGUMENT BY COUNSEL FOR THE PROVINCES
Counsel for the Provinces reiterated the arguments made by them on the
motion to dismiss the application and submitted that the application should be
dismissed on a number of grounds, including the following, which to some
extent are repetitive of their earlier argument: that the application is pre-
mature because no wage agreement has been signed and no increased wages
contracted for or incurred; conciliation proceedings have not been completed;
the railways have neither accepted nor rejected the recommendations of the
Conciliation Board; the present freight rate structure contains distortions and
is discriminatory and an increase in freight rates applied to only a segment
11
of the rate structure will increase the distortions and discriminations; a uniform
percentage increase will be unfair to long haul traffic; the railways have not
shown that the requested rates will be just and reasonable to shippers; the
requitement of Canadian National's increased wage cost should not be the
measure of any freight rate increase; the railways have not shown a financial
deficiency; the railways are refusing to discharge their management duties
and are asking this Board to make a management decision; and that granting
the application would create a dangerous precedent and make this Board a
conciliation board. They referred to the statutory grain rates, passenger
rates and international rates, which are excluded from the requested rate
increases, and to competitive rates and agreed charges which will take less
than the full increase.
LAW AND METHOD FOLLOWED BY THE BOARD IN GENERAL
FREIGHT RATE APPLICATIONS
The Board considers it advisable to outline in a general way the law and
method that it has followed in determining applications for general freight rate
increases during the period 1946-58.
The Board's Legal Duty
The law is that the Board has a duty, upon application, "to fix, determine
and enforce just and reasonable rates, and to change and alter rates as changing
conditions or costs of transportation may from time to time require." This
duty has been declared by the Supreme Court of Canada in recent years, as
the following excerpts from decisions show:
"I have jurisdiction to grant leave to appeal to the full Court under
section 53(2) of the Railway Act upon a question of law or a question of
jurisdiction. I am fully aware that it is the duty of the Board upon
application, to fix, determine and enforce just and reasonable rates for
the railways, and that the Board is bound to exercise its jurisdiction. If a
case for relief has been made out, the proper remedy must be
applied The obligation to act is a question of law, but the choice
of the method to be adopted is a question of discretion with which, under
the statute, no court of law may interfere. . . .;" (Taschereau, J.S.C.,
in an unreported decision on a motion by the railways for leave to appeal
to the Supreme Court of Canada from the Board's Judgment dated
February 15, 1954, — This was the Judgment in which the Board refused
Canadian Pacific's request that the Board abandon the use of the
"requirements" method and adopt the "rate base-rate of return" method
of determining a permissive level of rates).
"There is thus a duty cast upon the Board to "fix, determine and
enforce just and reasonable rates and to change and alter rates as
changing conditions or cost of transportation may from time to time
require" under s-s. 5 of s. 328 upon the application of any such party.
C.P.R. v. Province of Alberta et al, 64 C.R.T.C. 129, (1950), 2 D.L.R.
405, S.C.R. 25.
The statute, however, ploes not prescribe the methods to be adopted
by the Board in discharging these duties and it is for the Board, and
not for this Court, to decide what are just and reasonable rates and what
changes or alterations are required by reason of changing conditions or
cost". (Locke, J.S.C., 76 C.R.T.C. 195, on motion by the railways for
leave to appeal to the Supreme Court of Canada from the Board's
Judgment dated December 27, 1957).
12
In C.P.R. v. Alberta, et al, 64 C.R.T.C. 129, supra, the Supreme Court of
Canada also held that it is the duty of the Board, upon application, to determine
whether and to what extent an increase in freight rates should be authorized
because of changing conditions or cost of transportation; that the Board is
bound to exercise the jurisdiction conferred on it by section 33(1) (b) of the
Railway Act; and that the Board erred in failing to proceed to determine the
extent to which the relief granted (8% increase) was adequate or inadequate
on the basis of the case made.
Method of determining permissive level of rates
In the past ten years the Board has permitted successive general rate
increases of 21, 20, 17, 9, 7 and 11 per cent. Two applications for increases
were dismissed by the Board. Another increase which substituted 15% for
the above mentioned 11% was also permitted but it was disallowed by the
Governor in Council by P.C. 1958-601, dated April 29, 1958. In those cases the
Board used a "requirements" method or formula to determine the annual
financial requirements of Canadian Pacific's rail enterprise, and, having deter-
mined them at a certain amount, the Board then authorized a permissive level
of freight rates that would, in its opinion, afford Canadian Pacific an opportunity
to earn the said amount annually if events adverse to such opportunity did
not occur. Canadian Pacific was used as the yardstick for rate making and
the rates so permitted for Canadian Pacific were also permitted for Canadian
National and other railways.
The formula, as applied for the first time in the Board's 21% Judgment
in 1948, provided for a permissive level of Net Rail Income for Canadian
Pacific made up as follows:
Fixed charges $18,000,000
Dividends (5% on paid-up common stock,
4% on preference stock) 21,310,000
Surplus $15,235,000
The 21% Judgment was appealed by the Provinces to the Governor in
Council who directed the Board to apportion the fixed charges as between
Canadian Pacific's rail and non-rail enterprise. The Board did so and since
then a part only of the company's fixed charges has been included as rail
requirements.
The amounts for fixed charges and dividends have varied from time to time
because of changes in the financial structure and fluctuations in exchange rates.
In the 20% Judgment of May 11, 1950, the corresponding amounts were as
follows:
Fixed charges $11,718,579
Dividends (5% on common stock,
4% on preference stock) 20,623,000
Surplus 15,235,000
Total $47,576,579
In the Judgment of December 27, 1957, the amounts were:
Fixed charges $13,038,000
Dividends on preference stock 3,012,130 (4%)
Dividends on ordinary stock 17,567,870 (5%)
Surplus 15,235,000
Additional allowance 2,400,000
Total
$51,203,000
13
It may also be observed here that due to increases in wage and material
costs, time lag between such increases and related rate increases, competition,
and other causes, the level of earnings that the Board from time to time found
just and reasonable has never been attained.
Several of the Judgments were appealed to the Governor in Council by
the objecting Provinces. The appeal from the 21% Judgment has been referred
to above. The 20% Judgment of May 11, 1950, and the 7% Judgment of
March 6, 1953, were also appealed, but the appeals were dismissed by P.C. 5652
of November 29, 1950, and P.C. 1953-1457 of September 17, 1953. The Governor
in Council stated that the petitioners had not shown that the Board had erred
or acted upon any wrong principle. The 11% Judgment of December 28, 1956,
and the subsequent Judgment of December 27, 1957, which increased the
11% to 15%, were likewise appealed to the Governor in Council. The last
mentioned increase was disallowed by P.C. 1958-601 of April 29, 1958, with a
direction that credits to tax equalization reserves should not be regarded as
necessary expenses or requirements for determining rates, but the rate increases
authorized by the 11% Judgment were confirmed.
While the Provinces were appealing to the Governor in Council, the rail-
ways and Canadian Pacific in particular were appealing, as noted above, to
the Supreme Court of Canada with the object of obtaining an opinion, binding
on the Board, which would result in greater permissive net rail earnings than
the amounts the Board had determined as just and reasonable.
Except as noted respecting the direction of the Governor in Council to
apportion fixed charges and the direction respecting credits to tax equalization
reserves, the Governor in Council did not find that the Board had erred or
followed any wrong principle; and the Supreme Court of Canada found that
the Board had not erred in law except in the one case (8% interim increase)
where the Board had failed to determine the relief to which the railways were
entitled.
The Board also invited the parties to suggest improvements in the require-
ments formula, with the result indicated in the following extracts from its
December 27, 1957, Judgment:
"Counsel for the Canadian Pacific Railway indicated that, in the
view of that company, the requirements formula developed in 1948 was
proper for the capital then invested in the rail enterprise, and under the
conditions which existed at the time the 21 per cent Judgment was
rendered, but that an additional amount of permissive earnings should
be allowed on the increase in the equity capital of Canadian Pacific's
rail investment since 1947 resulting from the transfer of certain assets
from non-rail to rail and the additional investment in the rail enterprise
through reinvestment of retained earnings or otherwise. He submitted
that a permissive return of 10 per cent should be allowed on such
additional equity capital."
"Counsel for the Provinces considered that no change was necessary
in the requirements formula as used in the Interim Judgment of
December 28, 1956, except that the allowance of $2,400,000 related to
the transfer of assets from the non-rail to the rail investment category
should be eliminated."
Uniform percentage increases
Except in respect of coal and coke, freight increases have been permitted
on a uniform percentage basis in all cases except in the 17% Judgment of
January 25, 1952, where several exceptions were made.
65489-7—3
14
On every application for a general increase in freight rates the matter of
a uniform percentage increase has been spoken to by the parties and considered
by the Board. The most recent expression of the Board's views is contained
in its 11% Judgment, and in the determination of this application for interim
relief the Board adopts those views, which are set forth as follows:
"The representations which have been made as to increased "spreads"
between long and short haul rates is by no means new. There are many
critics who point up the undesirability of horizontal increases, particularly
stressing the amounts in cents per one hundred pounds by which such
"spreads" increase, but it has not been shown in what way this feature
can be avoided without either placing a higher rate burden on short haul
traffic or reducing the earning power of the carriers by granting them
rate levels too low to produce the revenue they should be entitled to
seek for the service they provide.
In the so-called 17 per cent case (68 C.R.T.C. 273) the railways had
proposed a flat percentage increase without exceptions, or an increase of
one per cent higher if certain exceptions were included. We experimented
at that time with "exceptions" by holding the rates on potatoes down to
the level of the previous 12 per cent interim increase, only to find imme-
diately thereafter that the market price of the goods rose to extraordinary
heights. We became aware that the increase in price was due to shortage
of goods; however, such modification as was there effected in the rate
level has remained in effect.
We also established a maximum increase of 10 cents per 2,000 lbs. on
Building Sand and Gravel and 20 cents per ton on Crushed Stone and
Stone Screenings, only to be assailed immediately by the crushed stone
producers that their product was competitive with gravel. We promptly
cancelled these exceptions so that a uniform increase applied thereto,
evidently to the satisfaction of those concerned as no further complaint
was made.
The Board has adequate power to fix reasonable and non-
discriminatory rates but is of the opinion that, except in respect of coal
and coke where the usual practice of special treatment has been followed,
justification has not been shown for excluding or excepting from the
application of the interim increase herein authorized any of the traffic
or rates in respect of which special pleadings were put forward. Moreover,
although the Board heard and considered in these proceedings all that
the parties said in respect of these special pleas, the Board is convinced
that it is extremely difficult to deal in a general revenue case with claims
for relief based on individual circumstances without incurring the risk
of creating unreasonable rates for some and preferential rates for others,
and the Board feels that claims of this kind, with all their implications,
are capable of being dealt with more satisfactorily to all concerned in
separate proceedings rather than in a general revenue case. The way is
open at all times for any aggrieved party to attack any individual rate
which he may consider is unreasonable or unjustly discriminatory.
Spreads in rates as between different shippers' traffic are mainly due
to difference in the distance which the traffic must be hauled by the
carrier. In general, rate scales or specific rates for longer distances reflect
a lower revenue yield per ton-mile, or in other words the tapering of
the rates favours the longer distances. Tests which have been made do
not indicate any undue distortion of the taper by applying a uniform
percentage increase. On the other hand if we establish maximum "hold
downs" considerable distortion takes place. It must be remembered that
15
in every revenue case the objective has been to permit recovery of
increased cost of performing the service. This increase in cost prevails
in equal measure to the so-called "spread" as to the short-haul rate.
It is within the power of a railway, subject to not creating unjust
discrimination, to modify its rates to meet adverse conditions affecting
shippers when it is convinced that such conditions will militate against
its ability to earn revenue from the carriage of the traffic. This might be
regarded as being within the field of "assistance" rates which the Board
has time and again stated it does not possess the power to direct."
The factual situation which must be noted, also, is that payments are made
out of public funds under the terms of the Maritime Freight Rates Act whereby
a reduction in rates of 20% is accorded to shippers within Maritime territory
and of 30% on traffic moving westbound from that area. In 1957 the payments
made for this purpose totalled over $12.5 millions. Under the trackage main-
tenance subsidy in Section 468 of the Railway Act an annual sum of $7 million
is applied in reducing freight rates on certain traffic between eastern and
western Canada. This total sum of almost $20 million annually measurably
assists in relieving shippers of the geographical burden of the longer hauls.
CONSIDERATION OF FUTURE LABOUR COSTS
When the Board fixes rates it fixes them for the future, and when the
question of what are reasonable rates for the future is before the Board it
may consider not only what may be established on the basis of past transactions
but also may form a judgment and opinion as to what will be reasonable rates
for the future under conditions which have not occurred and consequently
must be estimated. The Board accordingly may look to the future and relying
on experience and known facts, and using its best judgment may reach con-
clusions as to what will probably occur. In fixing freight rates for the future
it has on previous occasions considered future traffic volume, what the state of
the economy would be, what savings and economies were likely to result from,
for instance, dieselization and other technological improvements, and what the
effect of freight rates would be, to enumerate only some of the future happen-
ings and results that the Board looked to. If the Board may look to such things
and take them into consideration in fixing freight rates, it considers that it
may also take into consideration for the same purpose the probability or other-
wise that increased labour expenses will be paid by the railways in the
period for which freight rates are being authorized.
The Board is satisfied that the probability of payment by Canadian
National and Canadian Pacific of the increased labour expenses is so strong
that it should take them into consideration and include and count them as
payable expenses in appraising the financial position of the railways for the
immediate future. The protracted wage negotiations, the Report of the Con-
ciliation Board, the acceptance of the Conciliation Board's recommendations by
the non-operating Unions, the qualified acceptance of such recommendations by
Canadian National and Canadian Pacific, the demands of other railway
employees, past experience respecting settlement of wage disputes with organ-
ized railway employees and resulting wages and salaries to those employees
and other employees of the railways, impel the Board to conclude that the
railways will pay the increased wages and other labour expenses in 1958 and
1959.
Counsel for the Provinces submitted that if the Board now treats the
additional labour expenses as payable and authorizes freight rate increases to
65489-7— 3 \
16
requite the railways for such expenses, a dangerous precedent will be estab-
lished and the Board will become involved in the determination of the wages
of railway employees and with premature and unwarranted applications for
freight rate increases.
The Board expects that wage demands of employees will continue to be
dealt with by way of arms-length bargaining in good faith and that recourse
will be had to the normal processes of collective bargaining and, in the event
of failure of the parties to agree to the aids provided by statute, to assist
employer and employees to settle their wage disputes. In any even, the
Board has power to deal appropriately with an abuse by any party of the right
to apply to the Board for relief, and it warns the parties concerned that its
decision in this application has been arrived at in the particular circumstances
established by the evidence and it cannot be anticipated that the Board will
accede in future to applications for rate increases due wholly or partially to
proposed wage increases until agreement has been reached between the
employees and the railways by completion of the usual processes of labour
negotiations.
DISTORTIONS IN THE FREIGHT RATE STRUCTURE
Under this heading is discussed briefly the contentions of Counsel for the
Provinces that the granting of general freight rate increases imposes an unfair
burden on the segments of the freight rate structure to which it is proposed to
apply them. Before so doing it is to be noted that similar opposition has been
made in previous cases of this nature. This fact was referred to in our 7%
Judgment of March 6, 1953, which Judgment was confirmed by the Governor
in Council by Order-in-Council P.C. 1953-1457 of September 17, 1953. The
same objection was made more recently in the case in which Order No. 90447
of December 17, 1956, authorized a uniform precentage increase on a base
substantially similar to that on which the present increase is proposed to be
applied. That Order was also confirmed by Order-in-Council P.C. 1958-601,
dated April 29, 1958, although it should be stated that the attack before the
Governor in Council in that instance was directed principally to questions of
income tax and capital cost allowances.
The principal contention as to distortions in the present instance is based
upon the computation of the percentage of total revenue derived from the
seven categories of traffic shown on Exhibits 58-14 and 58-22 (see Appendix,
pages iii and iv hereto). These categories are (1) Grain & Grain Products
subject to statutory and related rates; (2) International and related rates; (3)
Coal & Coke; (4) Competitive rates; (5) Agreed Charges; (6) All other traffic;
(7) Miscellaneous services.
In this respect it has been stressed by Counsel for the Provinces that the
traffic producing approximately 35% of the total revenue of Canadian National
and Canadian Pacific is expected to assume approximately 73% of the revenue
increase from increased rates. This premise is, however, predicated upon
the fact that the said exhibits show no increase to be secured from the
Statutory and International traffic in categories (1) and (2).
While it is certainly correct to say that the railways do not propose to
secure any increase in revenue by increasing statutory rates, for the obvious
reason that such rates are beyond the control of either railway management or
this Board, it is not correct to infer that no increase in revenue is to be obtained
from International and related traffic. The latter is not now marked for general
increase for the reason that general increases have been previously applied on
17
such traffic, even as recently as September 15, 1958. Later herein the circum-
stances surrounding rate increases on this category of revenue will be dealt
with more fully.
The figures contained in Exhibits 58-14 and 58-22 are estimates of the
revenue to be derived from the 14 month period from November 1, 1958, and
the effect of imposing thereon the increases sought. For the purpose of
comparison in the manner adopted by Counsel for the Provinces, a more logical
approach would be to combine the two exhibits and eliminate the revenue
estimate for International and related traffic. On such an approach the com-
parisons as proffered by the Provinces would be as follows for Canadian
National and Canadian Pacific combined:
Estimated revenue Estimated revenue
Nov. 1/58-Dec. 31/59 increase — 14 mos.
Category of rate. % of total % of total
(Millions)
(1) Statutory $ 82.5 10.95% $ Nil Nil
(3) Coal and Coke 43.3 5.74% 3,190,600 4.4 %
(4) Competitive 144.5 19.16% 13,727,000 19.0 %
(5) Agreed Charges 121.4 16.10% 866,500 1.2 %
(6) All other traffic 354.5 47.02% 53,116,600 73.4 %
(7) Miscellaneous services 7.8 1.03% 1,482,000 2.0 %
Total $754.0 100.00% $72,382,700 100.00%
On this approach to the contentions of the Provinces the outstanding feature
is that the revenue from statutory rates, which accounts for approximately 11%
of the said total estimated revenue, incurs no increase and that this category
plus the modified increase on coal and coke, and the small extent that agreed
charges can be immediately increased, accounts for the greater proportion of
the additional increase which falls upon what might be described as normal
rated traffic.
To illustrate this feature further, the following, extracted from the Board's
1957 waybill analysis of all railways shows, for the 1% sample which such
analysis provides, the revenue; percentage of total revenue; ton-miles; and
the average revenue per ton mile:
% of total Average rev.
Category of traffic Revenue revenue Ton-miles per ton miles
$ % 0
Normal rated traffic:
Class rates $ 691,763 11.73% 16,505,191 4.190
Commodity rates 2,566,175 43.53 142,427,023 1.80
Total normal 3,257,938 55.26 158,932,214 2.05
Competitive 1,273,108 21.59 65,060,333 1.96
Agreed charges 741,492 12.58 28,166,052 2.63
Statutory grain 594,795 10.09 123,391,203 .48
U.S. related 28,241 .48 921,065 3.07
All traffic as above (a)$5,895,574 100.00% 376,470,867 1.570
(a) Does not include International, Overhead or Export and Import at U.S. rate
relationships.
Allowing for the fact that the sample from our waybill analysis is for the
year 1957, but is a portrayal of actual traffic movements, and that the figures
from the exhibits are estimates only and for a fourteen month period, the per-
centage factors involved are reasonably close and the actual results indicate
18
that the revenue yield per ton mile from competitive rates, for example, is
approximately the same as derived from normal rated traffic. It is also of
some significance that the estimates, as shown in the exhibits referred to,
indicate that the proportionate share of increased revenue expected to be
derived from competitive rates is about equal to the percentage of revenue
at present derived from this class of traffic.
The reasonably good showing of average revenue per ton mile from com-
petitive rates indicates to those who have an understanding of the workings
of the railway freight rate structure that while the rail lines do not receive
all of the revenue formerly anticipated from the higher grade of traffic embraced
therein (the ravages of competition affecting as it does mainly that class of
traffic where the rate structure is designated to secure the highest level of
revenue) it is nevertheless a profitable field for the railways.
Passenger Services
In its 21% Judgment of March 30, 1948, the Board stated that railway
passenger services and freight services are inter-related and revenue losses or
deficits from passenger services on the one hand must necessarily be com-
pensated by earnings from freight on the other if railways are to continue to
operate and furnish required services, and the Board disagreed with the sub-
missions that it could authorize no increase in freight rates, if such increase
to some degree were necessary to correct deficiencies in aggregate railway earn-
ings growing out of inability of the passenger service to meet its full share of
the revenue burden. The Board confirms this previous view.
Grain Rates
In its December 27, 1957 Judgment, the Board noted that it has no power
to increase the statutory rates on grain and flour. This is certainly so, and it
follows that no part of rate increases required by the railways to meet increased
cost of operation, including such part of that cost as is incurred in the carriage
of that traffic, can be placed by the Board on those statutory rates. Evidence
was given to the effect that over a quarter of the revenue ton miles on Canadian
Pacific are in respect of grain and grain products carried on such statutory rates.
Competitive rates and agreed charges
In its 17% Judgment of January 25, 1952, the Board commented at some
length on competitive rates and the control of such rates exercised by the rail-
ways. The level of competitive rates and agreed charges is compelled by
competitive forces and the Board is not able to find that the Railways are
unnecessarily depriving themselves of revenue from traffic carried on com-
petitive rates and agreed charges. As already indicated the Board's 1957
waybill study shows that the average revenue per ton mile from competitive
rates is 1.96 cents and from agreed charges 2.63 cents; these average revenues
are higher than the average revenue per ton mile received by Canadian
Pacific in 1957 from all traffic, excluding grain and grain products moving at
statutory and related rates. To the extent that competitive and agreed charge
rates are profitable to the railways they are in ease of the revenue needs of
the railways.
International rates
This heading broadly includes three types of rates, (1) joint through rates
which span the international boundary without break thereat; (2) rates which
are commonly called "overhead" and apply to United States traffic passing
through Canada over Canadian railways; and (3) export and import rates
19
between Canadian points and Canadian ports applicable on traffic to or from
overseas where the rates are on a parity relationship with similar rates to or
from United States ports.
Because no increase is proposed in those rates at this time and they were
mentioned in connection with distortions in the freight rate structure, it is
deemed timely to indicate the nature of such rates and what has already trans-
pired concerning their revenue level.
The joxnt international rates described in type (1) above are, on the
average, applicable to longer hauls within the United States than in Canada;
they must and do reflect this condition as well as relationships with like
rates wholly within the United States. To maintain such relationships and
also the joint rates themselves, such rates have been subjected since 1946 to
substantially the same level of increase as was provided in each of seven
general increase cases before the Interstate Commerce Commission in the
so-called "Ex Parte" proceedings.
Overhead rates, designated type (2) above, applying as they do to United
States traffic, are necessarily on the basis of rates applicable wholly within
the United States; Canadian railway participation in the haulage of such traffic
is purely a competitive situation in which Canadian railways have no voice
in the rate level established.
The export and import type of rate, described in (3), nearly always
reflects similar adjustments and competitive conditions involved in foreign
trade.
The absence of any proposal in the present instance to apply increases
to the three types of rates mentioned above is of necessity bound up with the
underlying structure of such rates and the fact that this traffic has incurred
substantial rate increases separate and apart from the general increases applied
to intra-Canadian traffic. However, before the hearings of the part of the
application requesting final relief take place, the railways should re-examine
such rates to see whether any reasonable adjustment is called for in any of
them.
It is recognized, of course, that export trade is vital to Canada's prosperity,
and this is a consideration to be taken into account when dealing with export
rates in particular.
Rate increases applied on remainder of freight traffic
If an increase in aggregate rail revenues is required by the railways and
cannot, because of the law or otherwise, be obtained by increasing statutory
grain rates, passenger rates or other rates above referred to in this respect,
the increase in revenues can only be obtained, if it is to be obtained from
railway services, from the remainder of the traffic. If in the circumstances it
were inequitable to increase rates on that remainder, the situation will have
been reached where railway services will be yielding considerably less aggre-
gate revenue than is sufficient to provide Canadian Pacific with what the Board
has heretofore determined to be its just and reasonable financial requirements
respecting its rail enterprise.
The level of Canadian Pacific's financial requirements will be reviewed
by the Board when considering the part of the application requesting final
relief, but the Board does not think that the state of the Canadian economy
is such that meanwhile users of railway services should not be called upon to
pay freight rate increases designed to yield an aggregate amount approximately
equivalent to the amount of the increased labour costs of Canadian Pacific
or that it would be inequitable to permit the rate increases to be applied on the
said remainder of freight traffic as hereinafter authorized.
20
OTHER OBJECTIONS TO PROPOSED INCREASE
Apart from the general objections made by the Counsel for the eight
Provinces who have appeared before us in this case to any increase in freight
rates, there were a number of submissions in writing filed by various interests
which, with one exception, object on various grounds to the increases proposed
by the railways and request modification or rejection of the increase on their
products. The exception was a submission from the Canadian Pulp and Paper
Association and the Newsprint Association of Canada, which took a neutral
position, i.e., their submission stated, in effect, that it was neither objecting to
nor approving any freight rate increase at this time.
Only four parties, however, appeared before the Board at the hearing to
substantiate their written statements and submit to cross-examination. Their
objections related to differential rates via the lake-rail and rail-lake-rail routes,
rates on lignite coal and rates on agricultural products.
The submissions of those parties who appeared by Counsel or presented
their own case to oppose the application of the railways, either in whole or in
part, and the issues raised therein, are summarized and dealt with as follows:
Differential rates via water routes
The Winnipeg Chamber of Commerce objects to the request of the railways
in Schedule "B" of their application that recognized differentials be preserved
as far as may be practicable, even though certain rates via differential routes
may be lower or higher than would otherwise prevail.
The Chamber contended:
(a) that the proposal is, in fact, a request for increases in the water portion
of joint through rates, and that careful scrutiny of the railways'
application indicates that no water carrier is party to the request for
rate increases;
(b) that the Chamber has consistently argued that water rates should
be based on the costs and requirements of the water carriers and not
be forced to bear any fixed or arbitrary relationship to rail rates;
(c) that, especially when the reason given for the proposed increase is
the need to meet demands of railway labour, any increases granted to
the water carriers would seem to the Chamber to be entirely gratuitous;
(d) that no increase should be granted in the water portion of such rates
until it can be shown to be no longer just and reasonable, and any
increase granted by the Board should apply only to the rail portion
of joint through rates;
(e) that the Chamber has previously presented this argument and sub-
mitted its representative to cross-examination, both in the 15% Increase
Case (now known as the 11% Increase Case, Vol. XL VI, J.O.R. & R.,
No. 19A) and in the case of another application of the Chamber before
the Board, namely, Application of the Winnipeg Chamber of Commerce
re lake and rail Class Rates between Eastern and Western Canada,
File No. 48315, in which latter case judgment is now pending. In
cross-examination, the witness made it clear that the latter application
is one of submissions on differentials at various points in Western
Canada, and not the amount of the differential as such. The position
of railway Counsel, in reply, is that their position has not changed at
all, and that it is necessary that the differentials be maintained.
As to paragraphs (a) and (c), the railways' application did not indicate
in specific terms that the water portions of the joint rail- water through rates
were included in the application, but it was made clear that this was so on
the record at the hearing. Witness Edsforth, in answer to a question from the
21
Board, stated that the Canadian Pacific Railway Company, owning and operating
ships on the Great Lakes, was asking for an increase in both the steamship and
the rail proportions of the differential rates. (Transcript Vol. 1029, page 8442).
There is, therefore, a proper application before the Board with respect to the
entire through rates on lake-rail and rail-lake-rail traffic via that carrier.
Furthermore, since the application of the Railway Association was filed, the
Canada Steamship Lines has submitted to the Board an application by telegram
which relates to the entire differential rates via that water carrier, and requests
that the present differential relationship be maintained.
As to paragraphs (b), (d) and (e), the issues raised are not matters which
could be determined in a general revenue case, as this case is; such issues are
now before the Board in the separate proceeding, which has been heard and
argued, and on which our judgment is now pending. In fact, such separate
case was submitted by the Winnipeg Chamber of Commerce because of reiterated
statements by the Board in the several revenue cases during the past ten years
that such issues are difficult to deal with in general revenue cases, and can
only be given the detailed consideration they deserve by individual complaint
and separate investigation thereof. Pending disposition of the said separate
case, the practice respecting the said differentials as set forth in the Judgments
of December 28, 1956, and December 27, 1957, will be followed in this Judgment.
Lignite Coal
The Manitoba Hydro-Electric Board registered opposition to the interim
increase of 25 cents per ton insofar as the application relates to the large volume
movement of lignite coal from the Saskatchewan fields to Brandon, Man. The
witness submitted that the reasons for requesting a denial of the increase were
the same as stated in detail in the so-called 11% Increase Case, supra. These
reasons, as stated by the witness, basically hinged on "the potential volume and
the bulk nature of this traffic". The submission on these two points was fully
developed in extensive evidence, but can be readily summarized to the effect
that their plants are both hydro-electric and thermal-electric; that the thermal-
electric plant at Brandon could use a potentially large volume of lignite coal,
depending to some extent upon the river flow through their hydro-electric
plant on the Winnipeg River; that the railways had refused consideration of a
lower rate on lignite coal because the volume was potential rather than actual;
that lignite coal represents the most economic source of fuel for the Manitoba
Hydro-Electric Board's present and projected thermal-electric generating
stations, and that increased freight rates would cause greater consideration of
the possibility of using natural gas instead of coal; that lignite can move in
trainload lots, which is not given consideration in the present freight rates;
that a flat increase of 25 cents per ton on the comparatively short haul from the
Saskatchewan mines to Brandon is an unreasonable imposition compared with
points further distant on which, too, the railways' proposal is to apply an
increase of the same amount; and that any increase of whatever amount would
have to be added to the cost of electricity to the consumer, but if anything, the
witness preferred a percentage increase rather than a flat increase per ton. It
was also noted by the witness that the railways appeared to be indifferent to
making an agreed charge on this traffic, but it also appeared that there was
some misunderstanding between the witness and the railways on this point;
the railways claimed they had made an offer of an agreed charge, but the witness
said it had never been received by the Manitoba Hydro-Electric Board. The
railways stated they would make such an offer.
In addition to this evidence, Counsel for the Great West Coal Company
and its subsidiaries and for the Manitoba and Saskatchewan Coal Company
Limited, submitted legal argument in opposition to the full increase being
22
applied to lignite coal produced in the Province of Saskatchewan, on the basis
of its low quality and value, which the Board had taken into consideration
in its Judgment of December 27, 1957, Vol. XL VII, J.O.R. & R., No. 19A, which
argument was replied to by Counsel for the Province of Alberta on behalf
of the coal operators who produce bituminous and sub-bituminous coal in that
Province and in the Crow's Nest region of the Province of British Columbia,
and who are vigorously opposed to any lower increase on lignite coal than
on bituminous and sub-bituminous coal. Counsel for the Province of Alberta
submitted that there are several types of bituminous and sub-bituminous coal
produced in Alberta that are of no more thermal value than lignite coal.
He also pointed to the evidence that the companies in Saskatchewan which are
producing lignite coal appear to be enjoying considerable prosperity, while the
mining industry in Alberta is in a state of penury, due to coal now being
replaced by oil and natural gas.
In its Judgment of December 27, 1957, the Board referred to the fact that
it prescribed in 1914 rates 10% lower on lignite coal than on Alberta coal
and that this base had been disturbed over the years by applying the same
increases to lignite coal as to other coal and it considered that a difference
in treatment of lignite coal v. other coal should be restored. The Board con-
sequently refused to permit a further increase on lignite coal but permitted an
increase of 7c per ton on other coal. However, the facts are not the same now
as they were then. The increases authorized by that Judgment were dis-
allowed by the Governor in Council; the position of the coal industry in
Alberta has worsened because of economic factors; the increases in railway
labour expenses apply to the carriage of all traffic and to Saskatchewan lignite
as well as to Alberta coal; and increases in freight rates being authorized at
this time are by way of interim relief in consequence of such labour expenses.
The Boad considers that there is not the same justification now that there was
at the time of the last Judgment for the Board to establish lower rates on
Saskatchewan lignite coal than on Alberta coal, and that, at least for the
purposes of this interim Judgment, coal traffic should bear a share of the
burden of the increases in labour expenses without difference of treatment
as regards different kinds of coal.
The agricultural industry
The representations of the witnesses for the Canadian Federation of
Agriculture and Interprovincial Farm Union Council are much the same as
presented to the Board in previous rate cases. It may also be mentioned that
the Saskatchewan Wheat Pool filed similar representations in writing in this
case, but no witness appeared for that organization.
It was contended that the agricultural industry would be required to pay
a large portion of the bill; farm income is on the decline and cannot support
any increased freight rates; the machines and goods with which farmers
produce their living are bulky and heavy, their produce is the same; they are
very dependent upon rail transportation, especially in the western provinces;
competition keeps down freight rates in Eastern Canada while freight rates in
Western Canada are highest where competition is least marked; increasing
freight rates are in direct contradiction to the national agricultural policy of
the Canadian Government; agricultural producers also have to meet increasing
costs, which they are unable to recoup by increased prices for their products;
the agricultural community is concerned at the application of general freight
rate increases with their alleged growing inequity in the freight rate structure;
and that the continued efforts of the railways to obtain a level of returns equal
to those indicated by the "requirements formula" (based on Canadian Pacific
results) have not succeeded.
23
Counsel for the Canadian Pacific, in reply to the three submissions above
referred to, stated that over one-quarter of the revenue ton miles on Canadian
Pacific are carved out of the rate structure by statute (i.e. grain and grain
products at the Crow's Nest Pass rates) and that "in our respectful submission
it is sheer effrontery for agricultural people to complain about freight rates".
(Transcript pages 8767 and 8619).
All these considerations are well-known to the Board and have been con-
sidered on previous applications and again in this instance. Some of the
important factors in the brief of the Canadian Federation of Agriculture
were also given lengthy consideration, and dealt with by the Board, in its
decision in the so-called 11% Increase Case, supra, at pp. 26-27. Considering
again the Board's conclusions respecting the agricultural situation in previous
Judgments and that the additional labour costs in this instance apply to all
traffic carried by the railways, and also that such a large part of the carriage
of agricultural produce is exempted by statute from rate increases, the Board
concludes that no further exemptions should be made.
Additional submissions
A number of other submissions, by briefs, wires, or letters, were made by
other organizations, associations, firms and individuals protesting the proposed
increase in freight rates on their products.
The submissions generally relate to commodities other than those already
dealt with herein, but object to the increase for the same or other reasons,
i.e., that rail traffic will be driven to other forms of transportation; the increase
will lead to inflation; the application of such a substantial increase on only a
limited portion of the traffic is unjustly discriminatory against the objectors
and unduly preferential in favour of those who ship at Crow's Nest Pass grain
rates, agreed charges and competitive rates; that the "attrition" of traffic
resulting from a 19% increase will be substantial; that an increase of this
magnitude cannot be absorbed by the shipper; that some industries will be
decentralized and in some instances the industry v/ill go into trucking its
products with its own facilities rather than pay any more freight rate increases;
that a 19% increase will divert the supplying of some articles to United
States sources, which have not been subjected recently to such a drastic increase
in international freight rates; that where losses are incurred by the grain rates
and other special arrangements, and where the maintenance of such factors
is considered necessary in the interests of the economy of Canada as a whole,
Canada should provide the required assistance by way of a subsidy; and that
the Board should not be impelled to permit increases in freight rates resulting
from the recommendations of a body, such as a Conciliation Board, which is not
in any way responsible for finding means to pay the wage award that it
recommends.
These submissions were considered by the Board, although no witness
appeared to support them or be examined or cross-examined, and the Board's
conclusion is that they are not such as to warrant a refusal to permit the
general rate increases herein authorized.
YARDSTICK RAILWAY
In P.C, No. 2434, dated October 6th, 1920, the Governor in Council directed
that what constituted a fair and reasonable rate should then be arrived at
without reference to the requirements of the Canadian National System. Since
then, however, Canadian National has developed into a great railway system,
an essential part of Canada's railway lifeline, and consequently in general
24
freight rate applications since the end of World War II the Board has had some
regard to Canadian National's needs, although Canadian Pacific has invariably
been the yardstick railway in the determination of just and reasonable freight
rates during that period and Canadian National's wages have not been used as
a measure in determining expenses and requirements of Canadian Pacific, as
the yardstick railway for rate making purposes. An application related speci-
fically to increased wages is in point. In 1952 the railways incurred increased
labour costs and applied for an increase in freight rates because of such costs.
Although the additional labour costs were considerably greater for Canadian
National than for Canadian Pacific, the railways applied for and by Order No.
80462 of December 20, 1952, were granted a rate increase determined on the
basis of Canadian Pacific's additional labour costs. The Board considers that in
determining the present application for interim relief it should not depart from
its practice of using Canadian Pacific as the yardstick railway for rate making
purposes.
INCREASES AUTHORIZED
The application for interim relief is essentially an application for permission
to increase freight rates for the purpose of obtaining necessary revenues to
meet the additional labour costs and it is not for the purpose of bringing Cana-
dian Pacific's net rail income up to the level heretofore adjudged by the Board
to be just and reasonable on the basis of the requirements formula. The
application is being dealt with on the basis of requitement so far as interim
relief is concerned, and pending determination of the application for final relief
the Board is authorizing freight rate increases that it considers will be sufficient
to yield revenue in 1958-59, commencing not earlier than December 1, 1958,
approximately equivalent to the amount of Canadian Pacific's additional labour
costs hereinbefore indicated in those years, and Canadian Pacific is being used
as the yardstick railway and Canadian Pacific's additional labour costs as the
specific yardstick for the purpose of determining interim relief. That is the
measure of interim relief that in our opinion is warranted in the circumstances
of this particular case. If the authorized increases are in effect from December
1st until the end of 1959 they should result in net rail income for Canadian
Pacific below the limits that the Board has heretofore found to be just and
reasonable according to the requirements formula applied in determining the
permissive level of freight rates. Such rate increases will provide Canadian
National with a substantial amount of additional revenue and to that extent
will help it also to meet its additional labour costs.
The Board considers that increases of 17 per cent (22 cents per ton on
coal and coke), in lieu of the requested increases of 19 per cent (25 cents per
ton on coal and coke) will yield the above-mentioned equivalent, and the Board
hereby authorizes such increases in freight rates. They may be made effective
on or after December 1, 1958.
Such adjustments of competitive rates as the railways decide to make
within the discretionary powers given to them by statute may also be made
effective on or after December 1, 1958.
In the Board's opinion, the increased rates herein permitted will be just
and reasonable in the circumstances as appraised and foreseeable by the Board;
but if because of circumstances not discernable at this time a change in any
rate made pursuant to the authorization for a general increase results in an
unjust or unreasonable rate, any interested party unduly affected by such rate
is not precluded from applying at any time to have the maladjustment corrected..
25
EFFECT OF FREIGHT RATE INCREASES
Since the end of World War II there have been six general increases in
freight rates in Canada, all of which were due principally to increases in the
cost of labour and materials. They were the so-called "percentage" increases,
namely, the 21% increase, and the successive 20%, 17%, 9%, 7% and 11%
increases in that order. Cumulatively they represent an increase of approxi-
mately 120% over the general level of freight rates in effect in 1947. The
increase authorized by this Judgment will bring the total increases to seven.
The full amount of an authorized percentage increase can be effectively
applied only upon the so-called "normal" traffic, which, in the sense in which
it is used in this portion of the Judgment, excludes coal and coke traffic; grain
and grain products at statutory and related rates; international, overhead,
import-export and other related rates traffic; competitive traffic; and agreed
charge traffic. Since 1953 this normal traffic has drastically shrunk in volume
and now constitutes only about one-third of the total freight revenue of all
railways. It is also subject to accelerating attrition with each successive increase.
Coal traffic as a whole has been subjected to only about one-half of the total
authorized percentage increases.
Approximately 30% of Canadian Pacific's freight tonnage consists of grain
and grain products carried at statutory and related rates, and it yields about
9% of Canadian Pacific's freight revenue.
The remainder of the railway freight revenue is obtained from (a) inter-
national, overhead, import-export and related rates traffic, on which general
increases have been applied concurrently with general increases authorized by
the Interstate Commerce Commission; (b) traffic carried at agreed charges,
which are contract rates that are difficult to increase without cancelling the
contracts; (c) competitive traffic, on which the rates are largely controlled by
the competitors of the railways and on which the normal percentage increase,
if applied, often results in diversion of traffic to such competitors and must be
reduced or removed to retain the traffic.
The effects of the application of the percentage increases can be seen in
the average freight revenue per ton mile for all traffic earned by the railways
in the past decade. The revenue per ton mile is the ultimate measure of what
the railways can earn from year to year and it expresses in one figure the
revenue for the work performed on the goods, i.e., the weight carried and the
distance the freight is hauled.
This revenue for the years 1947 to 1957, inclusive, was as follows:
C.N.R. C.P.R.
(Canadian Lines)
Average freight
Average freight
revenue per ton
Increase %
revenue per ton
Increase %
Year
mile (cents)
over 1947
mile (cents)
over 1947
1947
1.01
0.95
1948
1.16
14.9
1.13
18.9
1949
1.23
21.8
1.20
26.3
1950
1.37
35.6
1.33
40.0
1951
1.34
32.7
1.31
37.9
1952
1.37
35.6
1.30
36.8
1953
1.48
46.5
1.42
49.5
1954
1.50
48.5
1.46
53.7
1955
1.48
46.5
1.43
50.5
1956
1.43
41.6
1.39
46.3
1957
1.57
55.4
1.50
57.9
26
These figures show that the actual increase since 1947 in the railways*
average freight revenue per ton mile was only 55.4% for Canadian National
and 57.9% for Canadian Pacific.
The extent to which the revenue on normal traffic increased and then
declined during the past decade is to be seen from the railways' estimates of
traffic revenue as shown in exhibits filed by them during the hearings of
applications for rate increases. These estimates were as follows: (Where
normal, agreed charges and competitive traffic were not estimated separately,,
a segregation was made on the basis of evidence and waybill studies).
Canadian Pacific Railway
Year to which Estimated Revenue
Case estimates apply Exhibit No. on "Normal Traffic"
$ (millions)
Revised
21% 1947 47-6 Item 8 104.2
20% 1949 49-182 Col. 1 130.1
17% 1951 51-373 Col. 2 180.1
9% 1952 52-A3 Col. 2 190.5
7% 1953 52-173 Col. 2 209.2
11% 1957 57-9 Col. 2 157.4
Present 1959 58-22 136.3
Canadian National Railways
Year to which Estimated Revenue
Case Estimates apply Exhibit No. on "Normal Traffic"
$ (millions)
21% 1947 47-11 Item 8 117.2
20% 1949 49-207 Col. 1 168.8
17% 1951 51-423 Col. 2 257.1
9% 1952 52-A5 Col. 2 258.5
7% 1953 52-187 Col. 2 283.1
11% 1957 57-44 Col. B 212.3
Resent 1959 58-14 178.2
It will be noted that from the peak year 1953 there has been a substantial
decline in normal traffic revenue.
The rapid growth of the revenue on agreed charges contracts since 1953
is shown below, and it should be noted that much of this traffic was formerly
carried at normal or competitive rates and is, therefore, not new railway
traffic but has been diverted from railway traffic previously carried on other
than agreed charge rates.
Canadian Pacific Railway
Year to which Estimated Revenue
Case estimates apply Exhibit No. on Agreed Charges
$ (millions)
Revised
21% 1947 47-6 Item 8 2.7
20% 1949 49-182 Col. 1 3.3
17% 1951 51-373 Col. 2 2.7
9% 1952 52- A3 Col. 2 8.5
7% 1953 52-173 Col. 2 7.7
11% 1957 57-9 Col. 2 39.5
Present 1959 58-22 48.4
27
Canadian National Railways
21% 1947 47-11 Item 8 4.0
20% 1949 49-207 Col. 1 5.2
17% 1951 51-423 Col. 2 6.2
9% 1952 52-A5 Col. 2 6.6
7% 1953 52-187 Col. 2 6.7
11% 1957 57-44 Col. B 45.8
Present 1959 58-14 56.4
Competitive traffic has also increased greatly since 1953, as the following
figures show:
Canadian Pacific Railway
Year to which Estimated Revenue on
Case estimates apply Exhibit No. Competitive Traffic
$ (millions)
Revised
21% 1947 47-6 Item 8 29.0
20% 1949 49-182 Col. 1 34.8
17% 1951 51-373 Col. 2 24.3
9% 1952 52-A3 Col. 2 25.5
7% 1953 52-173 Col. 2 27.6
11% 1957 57-9 Col. 2 51.4
Present 1959 58-22 50.6
Canadian National Railways
21% 1947 47-11 Item 8 31.6
20% 1949 49-207 Col. 1 41.7
17% 1951 51-423 Col. 2 31.3
9% 1952 52-A5 Col. 2 30.4
7% 1953 52-187 Col. 2 31.0
11% 1957 57-44 Col. B 73.6
Present 1959 58-14 73.8
Much of this competitive traffic was formerly carried at normal rates.
The above information and figures show that the difficulties of dealing
with the freight rates situation have increased with each successive application
for a rate increase. However, the increases have been effective in providing
the railways with needed revenues which have assisted them in carrying on
and improving their services to the public and in meeting increased costs of
labour and materials, although they have not attained the level of earnings
that the Board from time to time has found to be just and reasonable.
ORDER
An Order will be issued authorizing the rate changes herein permitted.
November 17, 1958.
ROD KERR,
Assistant Chief Commissioner.
A. SYLVESTRE,
Deputy Chief Commissioner.
• F. M. MacPHERSON,
Commissioner.
H. B. CHASE,
Commissioner.
L. J. KNOWLES,
Commissioner.
28
APPENDIX
page i
Exhibit No. 58-17
CANADIAN NATIONAL RAILWAYS
(Canadian Lines)
Estimated Costs of Proposed Wage Increases and Fringe Benefits
Jan. 2, 2958
to
2958
2959
Dec. 31, 1959
Wage increases chargeable to Expense . .
$10 912 000
27
164
000
38 076 000
Additional Vacation Costs
858
000
858 000
Additional Cost of Health and Welfare
Plan
547
000
547 000
Additional Pension Costs
558 000
1
428
000
1 986 000
$11 470 000
29
997
000
41 467 000
Rounded off to
$11 500 000
30
000
000
41 500 000
NA 58-3
APPENDIX
page ii
Exhibit No. 58-27
CANADIAN PACIFIC RAILWAY
Estimated Costs of Proposed Wage Increases, Additional Vacations and
Increased Health and Welfare Charges, 1958-59 Period
1
2
3
4
Wage Increases Chargeable
1958-1959
Operating Expenses
2958
2959
Period
1
$5,173,200
$11,772,600
$16,945,800
1
2
828,400
1,924,800
2,753,200
2
3
All Other Employees
202,500
470,300
672,800
3
4
Running Trades
709,000
3,271,400
3,980,400
4
5
Total
$6,913,100
$17,439,100
$24,352,200
5
6
Additional Week of Vacation after 35
553,900
553,900
6
7
Additional Vacation pay due to Annual
Vacations Act
378,900
378,900
7
8
Additional Cost of Workmen's Com-
pensation due to increased wages .
16,300
36,500
52,800
8
9
Additional Health and Welfare costs . .
383,000
383,000
9
10
Additional Pension Costs
69,100
190,000
259,100
10
11
$6,998,500
$18,981,400
$25,979,900
11
12
Jointly operated companies included in
rail income
97,000
243,000
340,000
12
13
Total
$7,095,500
$19,224,400
$26,319,900
13
L-405
29
APPENDIX
page iii
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APPENDIX
page iv
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31
APPENDIX
page v
Exhibit No. 58-30
CANADIAN PACIFIC RAILWAY
Deficiency in Net Rail Income from Level Based on Requirements Formula
1958 1959
(000)
Requirements on Board's Basis:
1 Fixed Charges $15,581 $16,929 1
2 Dividends 20,620 20,661 2
3 Surplus 15,235 15,235 3
Allowance account transfer of non-rail assets
4 to rail 2,400 2,400 4
5 $53,836 $55,225 5
Adjustment Net Rail Income — before Fixed Charges
6 (Statement L-300, sheet 2) 38,711 47,812 6
7 Deficiency— Net Rail Income $15,125 $ 7,413 7
L-302
APPENDIX
page vi
Exhibit No. 58-31
CANADIAN PACIFIC RAILWAY
Deficiency — Net Rail Income on Basis of Income Tax with Capital Cost
Allowance Claimed for Expenses
(Years)
1958 1959
(000)
Deficiency — Net Rail Income
1 (Statement L-302) $15,125 $ 7,413 1
Excess of Capital Cost Allowance
Capital Cost Allowance $71,900 $71,800 2
Straight-Line Depreciation 53,200 56,500
3 $18,700 $15,300 3
4 Income Tax— 47% 8,789 7,191 4
Deficiency — Net Rail Income
(Basis of Income Tax with CCA. Claimed for
5 Expenses) $ 6,336 $ 222 5
L-303
32
FURTHER OBSERVATIONS
Commissioner H. B. Chase
This being an interim judgment dealing only with the first part of the
application of the railways and having been advised with respect to the second
part of the application that an additional substantial increase in freight rates
will be required in order to enable the Canadian Pacific Railway to earn the
permissive level of earnings under the "requirement formula" and after full
consideration of all that has been placed before us, I feel the time has arrived
for the Board to bring to the attention of all concerned and in particular the
Government of Canada the serious situation confronting this Board with respect
to its duty to maintain "just and reasonable" freight rates.
"Just and reasonable" must be interpreted to mean just and reasonable to
both the public and the railways. This being so, then having regard to the
serious distortions in the freight rate structure the Board is finding it increas-
ingly difficult to perform its duty, viz., to maintain "just and reasonable freight
rates", principally because it is unable to make any change in the so-called
"Statutory Rates". I submit this view for the following reasons.
In this case, as in a number of previous cases, increases in freight rates
can only be effectively applied to some segments of the freight traffic. Respond-
ents' Counsel continually refer to this point and stress the view that if increases
in freight rates are applied the railways will price themselves out of the
market. I can agree that to some extent that will happen, for the railways
admit that they do meet with some attrition and very severe competition from
other forms of transportation. What is the solution? At page 8692 of the
transcript Counsel for the Province of British Columbia in argument stated:
"Now, there are two large segments of the railway service that, in
my opinion, are not properly bearing their share of these increased costs.
You do not have to go back over all the costs of running the service,
and this is an entirely new cost. There is the passenger service in
particular and, secondly, the statutory grain rates. I am not here, and
my friends on the provincial side know by now, suggesting that their
grain rates should be increased. I think there has to be an answer to
that problem, but it is certainly not that one. However, the time has
now arrived when this Board, in fact the people of Canada, must realize
that this is the biggest distortion in the freight rate structure of Canada,
and some solution in respect of it has to be found."
(Emphasis mine)
The evidence shows that varying somewhat between the years, from 25%
to 30% of the revenue ton miles of the Canadian Pacific Railway is derived from
traffic moved on Statutory and Related Rates on grain and grain products,
that the average revenue per ton mile on such traffic as shown by the 1957
waybill analysis is only .49 cents, and that 75% of the cars used in the handling
of this traffic to the Head of the Lakes return empty.
Here I would refer to a discussion I had during the hearing with Mr.
Emerson of the Canadian Pacific Railway while he was in the witness box.
"Q. Now, have you any idea — you bring, we will say, 100 loads of
grain to the head of the lakes, say from a halfway point between there
and Calgary, which would be around about Broadview, I guess?
A. Yes, Regina, maybe.
Q. So, you bring 100 loads down?
A. Yes.
Q. What is your percentage of loads going back?
A. The percentage of loads going back?
Q. Yes?
A. It would be very low, the westward movement would be mostly
empty.
Q. Would you say that 75 per cent would be empty movement?
A. At least, yes, sir.
Q. Now then, you have to incur the expense of hauling those empties
back?
A. That is an inherent part of the cost of transportation of grain,
yes.
Q. The point I wanted to get at is this: In this estimate of half a
cent a ton mile, does that take fully into account the hauling of the
empties in the oposite direction?
A. Well, the figure, one-half cent per ton mile is the revenue which
actually accrues to the company in respect of the movement of grain.
In other words, for every ton of grain we haul one mile we get half a
cent. I am speaking now —
Q. After deducting expenses?
A. No, this is a half a cent gross, and out of that we pay all the
expenses, including the movement of the grain itself and the movement
of the empties back, the maintenance of equipment, and so on.
Q. If it were worked out mathematically, taking into account the
fact that you know you never saw the locomotive built that would pull
its full tonnage in empties?
A. No.
Q. So if you took into account the hauling of 75 per cent empties
back on the westward movement, are you making a half cent actually?
A. Are we making it?
Q. Netting it?
A. No, we are not netting it.
Q. You are in the hole?
A. Certainly.
Q. You haul it free?
A. For less than free."
(See Transcript: Pages 8546, 8547, 8548)
Turning back to my question, "What is the solution", I think the answer is
that Parliament should find some means whereby the railways would be fairly
' compensated for the movement of grain and grain products in Western Canada
carried at statutory and related rates and thereby reduce the amount or avoid
the necessity of increases in freight rates on other commodities. True, there
are other distortions in the freight rate structure, of which the railways are
fully aware, and it is their duty to endeavour to find and apply solutions.
Anticipating that some people may say "The matter of Statutory Rates
(Crowsnest Pass Rates) was fully explored by the Royal Commission on
Transportation" (reported under date of February 9, 1951), I would suggest a
34
comparison be made as between the situation prevailing at the time the Com-
mission made its study and the conditions prevailing at this time, having due
regard for what has transpired during the interval and what may be expected
in the near future.
Let me quote what I consider to be a few of the most pertinent points.
At pages 248 and 249 of the printed Report the following appears:
"It will be of value at this point to summarize the views which
were expressed before the Commission concerning the future of the
Crowsnest Pass rates by provincial governments and by various organ-
izations and individuals who dealt with the subject.
The following favour the retention of the statutory control of these
rates:
The Governments of Manitoba, Saskatchewan, Alberta and New
Brunswick;
The City of Winnipeg and the Winnipeg Chamber of Commerce;
The Manitoba Federation of Agriculture and Cooperation;
The Alberta Federation of Agriculture;
The Transportation Commission of the Maritime Board of Trade;
The Fort William and Port Arthur Chamber of Commerce;
The Canadian Federation of Agriculture;
The Canadian Congress of Labour;
The Wheat Pools of Alberta, Saskatchewan and Manitoba;
The United Grain Growers;
The Chambers of Commerce of Calgary and Edmonton;
Mr. E. J. Young, a former director of the Canadian National Railways.
Among those named above as being in favour of the retention of
statutory control of these rates the following had certain additional
observations to make:
The Government of Manitoba says that, whether a subsidy should
be paid to the railways as compensation for a deficiency in the rates or
whether these rates should be increased at any time, are questions for the
future. They can be dealt with by Parliament when they arise;
The Government of Saskatchewan says that if the rates are not
compensatory some remedial action should be taken. If a subsidy is
decided upon, such subsidy should be paid to the railways;
The Government of Alberta says that grain should not be carried at
a loss. If there is a loss the rates should be kept as they are and a
subsidy paid to the railways on the principle of the Maritime Freight
Rates Act. Alberta does not contend that these rates must remain
forever unaltered, but says that Parliament alone should have power to
alter them;
The Government of New Brunswick says that any losses incurred
by retention of the rates should be met by a subsidy to the railways;
The Transportation Commission of the Maritime Board of Trade
favours the payment of a subsidy to the railways to meet possible losses.
The Governments of Nova Scotia, Prince Edward Island and
Newfoundland made no statement whatever regarding the Crowsnest
Pass rates. The Government of British Columbia made no specific
reference to these rates, although their general attitude as to 'subsidizing
industries' may have some bearing on the matter involved. Their
35
statement is that if any industry requires assistance this should be
provided otherwise than through concessions in freight rates.
The following expressed themselves as being opposed to the reten-
tion of the Crowsnest Pass rates by statute:
The Vancouver Board of Trade;
The British Columbia Fruit Growers' Association;
The British Columbia Paper Manufacturers and Converters;
The British Columbia Feed Manufacturers' Association;
The Canadian Industrial Traffic League;
The Canadian Pacific Railway Company.
Some of those just named as being opposed to the retention of these
statutory Crowsnest Pass rates qualified their statement as follows:
The British Columbia Paper Manufacturers and Converters say that
the Crowsnest Pass rates should be reviewed and that if necessary some
form of subsidy should be provided;
The British Columbia Feed Manufacturers' Association, while
opposed to statutory rates, believe that the Crowsnest Pass rates con-
tribute a 'fair share' to the railways;
The Canadian Industrial Traffic League says that if these Crowsnest
Pass rates are to remain as they are, normal rates should be determined
and the difference made up to the railways by subsidy.
The Canadian Manufacturers' Association says that all traffic carried
on non-statutory rates must make up for the deficiency which the
Association believes to exist in Crowsnest Pass rates. The remedy sug-
gested is to apply the principle of the Maritime Freight Rates Act to the
Crowsnest Pass rates.
The attitude of the Canadian Pacific Railway Company has already
been set out in full. The Company favours a repeal of the statute and
the payment of a subsidy to the grain growers if they need assistance."
Then note what I consider to be the most important view of the Royal
Commission on page 250.
"In expressing the opinion that these Crowsnest Pass rates should
remain in their present position what is meant is only that they should
remain under the immediate control of Parliament. It cannot be said
and nobody has asked that it should be said, that their present level must
never be changed. None of those who oppose repeal have asked for any
more than that Parliament's control should continue and that Parliament
itself should make whatever changes in these rates, upward or downward,
it may appear just and reasonable to make as time goes on."
(Emphasis mine)
The Royal Commission was appointed by Order in Council P.C. 6033, dated
December 29, 1948, and made its Report under date of February 9, 1951. It is
apparent that aside from what I would term the "Historical Parts" its Report
relates to conditions prevailing during the years 1949-50 and with respect to
the chapter headed "Crowsnest Pass Rates" the question of time appears to
be paramount. At page 249 the Commission said, in part:
"The conclusion which commends itself to the Commission is that
the time has not come for Parliament to divest itself of the immediate
control of these rates which it assumed in 1897. Such a time may come
later with the evolution of the country's economic position, but it seems
certain that it has not yet come in this case."
36
Let us now consider a few of the changes that have occurred since the
first post War II application for a general increase in freight rates was filed
in 1946.
The general wholesale price index which stood at 138.9 in 1946 (1935-
39=100) had advanced to 227.4 in June, 1958, an increase of 64%. The
industrial composite average weekly wages and salaries index in 1946 was
75.6 (1949=100) and at June 1, 1958, it stood at 164.7, an increase of 118%.
Ordinarily, the average business concern can and does pass such increases on
to the ultimate consumer.
Since World War II there have been 7 general increases in freight rates,
including the present interim increase, and there is a request for a further
increase pending. The increases in wages and material prices apply and relate
to all phases of railway operations but unlike the ordinary business concern the
railways cannot pass such increases on to the ultimate consumer with respect
to, say, 25% of the freight traffic handled but must endeavour to secure the
additional revenues required to meet the increases in operating expenses from
other segments of traffic and only then provided they can retain the handling
of such traffic. Yet the statutory grain rates and related rates are on the
level of 1899.
In conclusion I wish to make it quite clear that I am not suggesting that
the statutory rates should be removed from Parliamentary control. I do,
however, with great respect, contend that the time has come for Parliament in
the national interest to give this matter careful study and decide what the
future policy should be.
H. B. CHASE,
Commissioner.
November 17, 1958.
37
ORDER No. 96300
In the matter of the application of The Railway Association of Canada and
certain of its member companies, dated the 16th day of September, 1958,
under Section 328 of the Railway Act, and all other relevant sections
thereof and under Sections 3 and 8 of the Maritime Freight Rates Act
for authority to make immediate interim increases in their tolls or rates
for the carriage of freight traffic on their lines in Canada,
and
In the matter of the application of the Canada Steamship Lines dated the 2nd
day of October, 1958, for authority to issue revised tariffs on short notice
covering such changes in its rates as any authorized change in the rail
rates will require.
File No. 48771
Monday, the 17th day of November, A.D. 1958
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
Whereas the above mentioned applications were heard in the presence of
Counsel and representatives of the Applicant and Respondents and Judgment
dated November 17, 1958, has been rendered thereon —
It is ordered that:
1. Except as stated in paragraph numbered 2 of this Order, the Applicants
may, subject to the provisions of this Order, increase rates and charges on
freight traffic other than coal and coke, and accessorial services as set out in
Schedule "B" to the railways' application, by 17 per cent, and by 22 cents per
ton, net or gross as rated, on coal and coke for single and joint line hauls.
2. Exceptions:
The provisions of this Order do not apply to:
(a) carload rates on grain and grain products subject to the provisions of
section 328(6) of the Railway Act, from all points on all lines of rail-
way west of Fort William, Ontario, to Fort William, Port Arthur and
Armstrong, Ontario;
(b) export carload rates on grain and grain products from all Prairie
points on all lines of railway to Vancouver, Prince Rupert and other
British Columbia coast ports;
(c) joint international rates (except rates on coal and coke) between
Canada and the United States of America;
(d) rates between United States points on traffic passing through Canada;
(e) export and import rates to and from Canadian ports which are main-
tained on a parity with rates to or from United States ports;
(f) demurrage charges;
(g) Stop-off charge specified in section 59(4) of the Canada Grain Act
of one cent for each cental, less three dollars.
38
3. Differentials:
Recognized differentials via rail-water-rail, and water-rail joint routes
may be preserved as far as may be practicable, even though certain rates via
differential routes may be lower or higher than would otherwise prevail if
such rates were subjected to the increases herein authorized.
5 cents or lower: —
Fractions less than .125 drop;
Fractions .125 and under .375 make J cent;
Fractions .375 and under .625 make § cent;
Fractions .625 and under .875 make f cent;
Fractions .875 and over make next whole cent.
Over 5 cents and not higher than 10 cents: —
Fractions less than .25 drop;
Fractions .25 and under .75 make \ cent;
Fractions .75 and over, make next whole cent.
Higher than 10 cents: —
Fractions less than .5. drop;
Fractions .5 and over make next whole cent.
The foregoing to apply whether the rates are expressed in cents per 100
pounds or other unit, or in dollars and cents per car or other unit.
5. Combination rates (other than on coal and coke):
Where rates are made by combining separately stated rates, each factor
of such combination may be increased separately. Where a rate is shown in
a tariff as composed of two or more factors, each such factor may be increased
separately and the increased rate will be the total of the factors so increased.
6. Relief from the provisions of Tariff Circular No. 1:
In implementing the terms of this Order the Applicant may depart from
the terms of Tariff Circular No. 1 as to notice, form of tariffs and supplements,
and volume of supplemental matter.
7. Effective date:
Increased rates and charges as herein authorized may be published,
filed and made effective not earlier than the first day of December, 1958.
8. Competitive rates:
The provisions of this Order as to paragraphs numbered 6 and 7 shall also
apply to tariff schedules amending competitive rates concurrently with tariff
schedules increasing rates and charges as herein authorized.
4. Disposition of fractions:
Where rates without increase are:
ROD KERR,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
LIBRARY
DEC 1 3 195 8
transport Commissioners fo
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII
OTTAWA, DECEMBER 1, 1958
No. 17
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Messrs. Hu Harries and Associates, on behalf
of Alberta Phoenix Tube & Pipe Limited, for elimination of unjust
discrimination and undue preference alleged to exist in respect of rates
on Skelp and Pipe, from eastern points to Edmonton, Alberta, and Van-
couver, B.C., under the provisions of the Railway Act, Chapter 234, and
the Transport Act, Chapter 271, R.S.C. 1952; and the Judgment and
Order No. 94129, dated April 17, 1958, therein:
And in the matter of the application of Canadian National Railways and Cana-
dian Pacific Railway Company under section 52 of the Railway Act for
review and rescission of the said Judgment and Order and for suspension
of the effective date of the Order:
File No. 48703
Before:
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Appearances.
R. A. MacKimmie, Q.C., for Alberta Phoenix Tube and Pipe
Limited.
K. D. M. Spence, Q.C:, for Canadian Pacific Railway Company.
W. G. Boyd, for Canadian National Railways.
Review hearing held at Ottawa, May 28 and 29, 1958.
64493-0—1
357
1
358
REASONS FOR JUDGMENT
By the Board:
By Judgment dated April 17, 1958, XLVIII J.O.R. & R., the Board, after
due hearing at Calgary held on February 27, 1958, made several findings of
fact that the business of Alberta Phoenix Tube and Pipe Limited is unjustly
discriminated against by Agreed Charges C.T.C. (AC) Numbers 63 and 89, in
respect of shipments of goods in carloads consisting of steel skelp from certain
points in Eastern Canada to Edmonton and of steel pipe from Edmonton to the
Vancouver area.
Pursuant to that Judgment, the Board by Order No. 94129 of the same
date and with the object of removing such unjust discrimination, fixed a charge
on each of the goods to which reference has been made and required the
affected railway companies to make these fixed charges effective on May 17,
1958. The charge fixed on pipe from Edmonton, Alta. to Vancouver, B.C., in
relation to Agreed Charge No. 63 is 44 cents per 100 pounds, and on skelp
from Hamilton and Sault Ste. Marie, Ont. to Edmonton is 90 cents per 100
pounds, in relation to Agreed Charge No. 89.
That action was taken under Section 32, Subsection 10, of the Transport
Act, Chapter 271, R.S.C. 1952, as amended on July 28, 1955, by Chapter 59,
3-4 Elizabeth II. The facts upon which the Board relied are set out in the
prior Judgment.
Before the date that the fixed charges were required to be made effective,
Counsel for Canadian National and for the Canadian Pacific, by oral statement
of May 9, 1958, to the Chief Commissioner, by telegram of the same date,
and by petition submitted May 15, 1958, applied to the Board under Section 52
of the Railway Act, first, for a suspension of the Board's Order No. 94129,
and second, for a review and rescission of the Judgment and Order, stating
orally that it was the intention of the railways to seek an extension of time for
an appeal to the Supreme Court of Canada on points of law, and stating in
writing that they had new evidence to offer to the Board on the facts and
further arguments on the law to make the record complete.
The Board considered that it would further the ends of justice to reopen
the case, and by Order No. 94361 of May 15, 1958, set further hearing which
was held at Ottawa on May 28 and 29, 1958. The matter was fully heard,
reviewed and argued at that time, and any deficiencies in the former record
must be considered as made good.
In the interim, the Board suspended the effective date of the fixed charges
until June 2, 1958.
At the conclusion of the second hearing on May 29, 1958, the Assistant
Chief Commissioner rendered the following oral Judgment:
"Gentlemen: We have given consideration to the original evidence
and argument, and to the additional evidence and argument we have
heard in this matter, pursuant to the Order of the Board No. 94361
dated the 15th day of May, 1958. We have also reviewed the Board'.'
Judgment and Order. We are of the unanimous opinion that nothing
material has been advanced that would move the Board to rescind
change, alter or vary the findings and decision contained in its Judgmen
and Order under review. And the suspension contained in Paragraph '
of Order No. 94361, will therefore not be continued after June 2, 1958
More extensive written reasons for our decision will be given at i
later date."
359
The Board now proceeds to give its reasons for the said oral Judgment.
The Railways' Application for Review
Since Counsel for the railways especially relied upon the application
dated May 15, 1958, addressed to the Board and requesting a reopening of this
case, the Board has reproduced the entire application with its twenty-one
points as follows:
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA
In the matter of Order of the Board No. 94129 dated Wednesday the 17th
of April, 1958, and Judgment of the Board in the same matter
bearing the same date.
File No. 48703.
By telegram dated May 9, 1958, addressed to the Secretary of
the Board, Canadian National Railways and Canadian Pacific Railway
Company made the following applications:
"File 48703 Alberta Phoenix case respondent Railways hereby
apply under Section 52 for review and recision of Board's Judgment
and Order Number 94129, dated April 17, 1958, upon various legal
jurisdictional and factual grounds details of which will be supplied
in statement to be filed with Board early next week STOP Applica-
tion is also made for order suspending effective date of Order
Number 94129 until further order of Board after hearing and
decision upon our Application STOP Have wired Mr. MacKimmie
Calgary and Mr. Harries Edmonton requesting that Alberta Phoenix
Company consent to such suspension."
The respondents submit the following in support of these applications.
(1) That the Judgment and Order were made without appropriate
application, evidence or argument relevant to the issues as set
out in the Judgment and Order;
(2) That prior to the hearing at Calgary on February 27, 1958,
there was no application to the Board by Alberta Phoenix for
a fixed charge under the Transport Act in respect of Agreed
Charge 63, Agreed Charge 89 or any other Agreed Charge
then in effect;
(3) That the complaint of Hu Harries & Associates, on behalf of
Alberta Phoenix, set down on short notice for hearing at Calgary
on February 27, was under the Railway Act and related
specifically to the granting by the Railways of a "manufacturing-
in-transit" privilege in conjunction with rates and tariffs
published under the Railway Act. Any reference to an Agreed
Charge was to the making of a new agreement for an Agreed
Charge, not to the fixing of a charge by the Board under any
existing agreement for an Agreed Charge;
(4) That after the commencement of the hearing at Calgary on
February 27, Counsel for the Applicant, Hu Harries & Associates,
filed with the Board a document entitled "Application and
Submission to the Board of Transport Commissioners for
Canada of Hu Harries & Associates on behalf of Alberta Phoenix
Tube & Pipe Limited." In that document the Applicant
purported to apply under the Railway Act and the Transport
64493-0—2
360
Act for an Order that certain specified tolls be charged Alberta
Phoenix, "or alternatively for an Order fixing a similar charge,
for the transport, by the British Columbia Electric Railway
Company Limited, Canadian National Railways, Canadian
Pacific Railway Company, the Esquimalt & Nanaimo Railway
Company, The New York Central Railroad Company, Ontario
Northland Railway, The Toronto, Hamilton and Buffalo Railway
Company, Vancouver and Lulu Island Railway Company (Cana-
dian Pacific Railway Company, Lessee), Wabash Railroad
Company, of the goods of the shipper Alberta Phoenix Tube &
Pipe Limited, namely, steel skelp and steel pipe, from and to
stations and/or places as set out in Agreed Charges C.T.C. (AC)
No. 63 or alternatively, Agreed Charges C.T.C. (AC) No. 89,
as are in the said Agreed Charges contained."
(5) That each of the railway carriers mentioned in that portion
of the "application and submission" above quoted, was a carrier
party to Agreed Charge No. 63. Subsequent to that date The
Algoma Central and Hudson Bay Railway Company and the
Great Northern Railway Company became carrier parties to
the said agreement for an Agreed Charge. With the exception
of the Canadian Pacific Railway Company and the Canadian
National Railway Company, none of the railway carriers party
to Agreed Charge 63 were notified, either directly or through
the Canadian Freight Association, of the "application and
submission" of Hu Harries & Associates.
(6) That the Algoma Central and Hudson Bay Railway Company
and the Canadian Pacific Railway Company are the only railway
companies who are parties to Agreed Charge No. 89. The
Algoma Central and Hudson Bay Railway Company was not
notified, either directly or through the Canadian Freight Associ-
ation, of the "application and submission" of Hu Harries &
Associates.
(7) That none of the shippers party to either Agreed Charge 63
or Agreed Charge 89 were notified of the said "application and
submission".
(8) That the "application and submission" appears to ask the
Board to fix a charge, similar to either Agreed Charge No. 63
or Agreed Charge 89, except that in either case Alberta Phoenix
would have the right to convert the skelp into pipe en route.
The fixing of two separate charges under the two separate
Agreed Charges, Nos. 63 and 89, was not asked for in the
"application and submission" nor at any time during the pro-
ceedings. The Judgment and Order of the Board purporting
to fix two such separate Charges was pronounced and made
without giving the railway carriers or the shippers, under the
existing Agreed Charges, any opportunity to make submissions
as to the jurisdiction of the Board to make such an Order ever
if unjust discrimination had in fact been proved with resped
to each of the said Agreed Charges.
(9) That in the course of the argument (transcript pages 2508-9)
Mr. Commissioner Knowles asked Counsel for the Canadiar
Pacific Railway Company whether he would admit under th<
Transport Act that the Board had a right to fix a Charge fron
361
Edmonton to Vancouver, and in reply Mr. Spence said he
thought that would be going beyond the powers given to the
Board in the Act. No opposition to that view was voiced, and
no suggestion was made that that point should be further
argued or that it remained in doubt.
(10) That the finding by the Board that unjust discrimination existed
within the meaning of Subsection (10) of Section 32 of the
Transport Act was not supported by the evidence. No refer-
ence is made in the Board's Judgment to the fact that the
Alberta Phoenix Company had never competed in the Vancouver
market and that their plant in Edmonton was not even con-
structed until after Agreed Charges 63 and 89 came into effect.
(11) That with respect to Agreed Charge No. 89 no reference was
made in the Board's Judgment to the fact that the Canadian
National Railway Company is not a party to the agreement nor
to the fact that it is a term and condition of that Agreed
Charge that all traffic must be routed either via the Algoma
Central and then C.P.R., or via C.P.R. direct; in neither case is
such traffic carried through Edmonton, and the Board's Order
purports to require the rail carriers to deliver the traffic over
a different routing to a point other than Port Moody, which is
the only destination point covered by the Agreed Charge;
(12) That the Board's Judgment refers to the fact that the Board
since 1955 does not now "initially inquire into or approve Agreed
Charges". No reference is contained in the Judgment to the
fact that each of the two Agreed Charges in question, Agreed
Charge 63 and Agreed Charge 89, was specifically approved
by the Board prior to 1955;
(13) That the result of the Board's Judgment if carried out would
be to place Alberta Phoenix at a competitive advantage in
prairie markets over other producers of pipe, contrary to the
provisions and intentions of the Transport Act. This result
comes about by reason of the fact that whereas the complainant
has heretofore supplied prairie markets with pipe made from
skelp derived partly from Hamilton at a rate of $1.76 and partly
from Sault Ste. Marie at a rate of $1.54, both of which rates
were at a level that maintained the competitive position of the
complainant, the complainant would now be able to surrender
its Hamilton shipping bills for reduction from $1.76 to .90c in
connection with furtherance of all British Columbia coast pipe,
even though made with Sault Ste. Marie skelp. This would
enable the Complainant to supply the Prairie market at lower
transportation costs than now available by charging against
production costs of Prairie pipe, the lower transportation charges
on skelp from Sault Ste. Marie, even though the skelp may
have come from Hamilton.
(14) That the Board erred in its finding that the average inbound
rate on skelp to the plant at Welland, Ontario was 11c per 100
lbs. According to evidence obtained by the railways since the
hearing the said average rate is 20c per 100 lbs. The said error
results in a miscalculation of the charges fixed by the Board in
the said Judgment and Order.
(15) That the Board erred in basing its Judgment, as it did in the
first paragraph of its contusions, upon the assumption that
64493-0— 2£
362
Edmonton was an intermediate point between Hamilton and
Port Moody under Agreed Charge No. 89, whereas none of the
traffic carried under the said Agreed Charge passes through or
anywhere near Edmonton, and Edmonton is not in any sense
an intermediate point on the route of the said traffic.
(16) That the Board exceeded its powers under the Transport Act
when upon the basis of two agreed charges, neither of which
was by itself unjustly discriminatory, it proceeded to fix two
charges as if unjust discrimination had been established with
respect to each of the said agreed charges, and to design the
two fixed charges to be used in combination as a single fixed
charge based upon two agreed charges.
(17) That the Board erred in attempting by a combination of fixed
charges to compensate for a disadvantage claimed by the shipper
in relation to shippers under one or the other of two Agreed
charges, when the said disadvantage was due to the location of
the complainant's plant and that location was chosen by the
complainant after the said Agreed Charges were in effect.
(18) That the Board exceeded its jurisdiction in introducing a
condition not contained in either of the said agreed charges
requiring that the fixed charge upon skelp shall only be applied
upon proof submitted to the carrier that the said skelp has
been converted into pipe and shipped from Edmonton at a
charge fixed. The said provision is for the purpose of establish-
ing the two fixed charges in combination as an arrangement for
fabrication in transit. There is no provision either in the
Railway Act or the Transport Act under which the Board has
power to order transit privileges, and the Board has therefore
attempted to do by indirection what it is not empowered to
do directly.
(19) That the Board erred in fixing charges for the complainant
upon goods that were not offered for carriage under sub-
stantially similar circumstances and conditions as the goods to
which the agreed charges related, such circumstances and
conditions being at wide variance as to the routes over which
the goods were to be carried, the length of the haul, the loca-
tions of the plants of the shippers and in various other respects.
(20) That the Board exceeded its powers by fixing a charge for each
of the commodities covered in the said Judgment and Order
lower than the corresponding agreed charge.
(21) That the powers assumed by the Board under the said Judg-
ment and Order are contrary to the provisions and intent of
the Transport Act, and would adversely affect the revenues
of the carriers under Agreed Charges in future, as well as
adversely affecting shippers in Canada.
All of which is respectfully submitted.
J. W. G. MACDOUGALL,
Commission Counsel,
Canadian National Railways.
K. D. M. SPENCE,
Commission Counsel,
Canadian Pacific Railway Company.
363
Comments of the Board on the Railways' Application
The evidence and argument at the Ottawa hearing did not deal in detail
with all the statements in the railways' application for review, and the Board
deems it advisable to comment on the points in that application.
Point 1
An appropriate informal application similar to many other applications
received by the Board, was duly made by the applicant on December 31, 1957,
and was forwarded by the Board to Counsel for the Canadian National Railways
and the Canadian Pacific Railway Company on January 20, 1958; the railways
raised no objection to this form of application, either when submitted to them
by the Board or at the opening of the hearing at Calgary on February 27, 1958.
A subsequent so-called formal application and submission was presented at that
hearing by Counsel for Alberta Phoenix Tube and Pipe Limited. At that time
also the railway Counsel present made no objection to the Board hearing the
formal application. There therefore was an initial informal and a subsequent
formal application submitted to and dealt with by the Board.
So far as the original evidence is concerned, there were 38 pages of direct
evidence, cross examination, and re-examination by Mr. Gommel, General
Manager of Alberta Phoenix Tube and Pipe Limited, and of Mr. Hu Harries,
Economics Consultant to this firm; this evidence set forth in detail the unjust
discrimination of which the applicant complained, and Counsel for the railways
had every opportunity to examine the exhibits filed and the oral evidence given.
The railways in reply submitted two witnesses who gave 21 pages of evidence
and cross examination. Counsel for the applicant and Counsel for the railways
also submitted argument.
The allegation in Point 1 that the Board made its Judgment and Order
without appropriate application, evidence or argument relative to the issues is
obviously not supported by the facts.
Point 2
The point stated by the railways that there was no application to the Board
by Alberta Phoenix Tube and Pipe Limited for a fixed charge under the Trans-
port Act prior to the hearing at Calgary is not material, because the fact is
that at that hearing a formal application was made to the Board for a fixed
charge under the Transport Act in respect of Agreed Charge No. 63 and for
another fixed charge in respect of Agreed Charge No. 89.
Points 3 and 4
These points relate to the informal and formal applications made by the
applicant and already referred to. The Board's prior Judgment herein sets
forth what the applicant complained of and the relief sought. The complaint
was of unjust discrimination contrary to the Railway Act and Transport Act
and relief was sought under both statutes.
Points 5 and 6
The point that certain of the railway companies were not notified of the
formal application of the applicant presented at the Calgary hearing goes to
the request for a review of the Judgment rather than to the issues to be
determined. However, as to that point, the fact is that notice of the Calgary
sitting had been sent in good time to the Canadian Freight Association and the
Board had no reason to think that any of the interested railway companies
were unaware that the Calgary sitting would be held to hear the applicant's
complaint of unjust discrimination. The formal application presented at that
sitting was heard there in the presence of the parties who saw fit to appear.
364
In any event, copies of the Board's Judgment and Order and notice of the
subsequent hearing at Ottawa were duly sent to all the interested parties, but,
as at Calgary, only the applicant and Canadian National and Canadian Pacific
appeared at the Ottawa hearing.
Point 7
The associations of which the shippers parties to Agreed Charges 63 and 89
are members, namely, the Canadian Manufacturers Association and The Cana-
dian Industrial Traffic League, were notified by the Board in the usual manner
of the hearing to be held at Calgary; in addition, the Board required Hu
Harries and Associates to send copies of the original application to several of
the shippers parties whom the Board considered would be especially interested
in this case. When they failed to appear, they naturally were not there to
receive a copy of the application filed by Counsel for the applicant at the
hearing at Calgary. Neither did any of them appear at the Ottawa sitting,
although duly notified.
Point 8
The application of the applicant has already been referred to and described,
as has also the relief sought. In his opening statement at Calgary, Counsel
for the applicant stated that the applicant sought a rate on skelp from Sault
Ste. Marie and Hamilton to Edmonton and a rate on pipe from Edmonton to
Vancouver. Exhibit No. 4, filed by the applicant at Calgary, also showed
suggested separate rates to Edmonton from the Ontario points and from
Edmonton to Vancouver.
The request of the applicant, and the case made by the applicant for
relief, were, in the Board's view, not so limited as the railways assert in
point 8. The railways had full opportunity at Calgary to answer that case
and they knew, of course, that section 47 of the Railway Act and section 4
of the Transport Act give the Board power to grant such further or other
relief, in addition to or in substitution for that applied for, as to the Board
may seem just and proper.
Point 9
The statement made by the railway companies in this point referring to a
discussion with a member of the Board at the Calgary hearing as to the rate
which the Board subsequently fixed from Edmonton to Vancouver, itself refutes
the allegation made in Point 8 that the railway Counsel had no opportunity to
make submissions as to the jurisdiction of the Board.
Point 10
The allegation that the finding of the Board with respect to unjust discrim-
ination was not supported by the evidence, is a submission with which the
Board cannot agree. The evidence of two witnesses for the complainant
clearly and effectively showed unjust discrimination against the complainant.
The allegation "that the Alberta Phoenix Tube and Pipe Limited had never
competed in the Vancouver market" is another error. At the further hearing at
Ottawa on May 29, 1958, a member of the Board referred Counsel for the
Canadian Pacific Railway Company to the evidence of a witness for the Alberta
Phoenix Tube and Pipe Limited, Mr. Hu Harries, at pages 2455-56 of the
transcript of the prior hearing at Calgary, to the effect that Alberta Phoenix
Tube and Pipe Limited had participated in the Vancouver market. Mr. Harries'
statement was "they have put a little commercial pipe in there at partly scrap
prices".
The further statement by railway Counsel "that their plant in Edmonton
was not even constructed until after Agreed Charges 63 and 89 came into
365
effect" also needs examination as to its validity. Considerable confusion was
caused in the record at the second hearing at Ottawa by the reiterated assertion
of railway Counsel that "Agreed Charge 63 had been approved by the Board".
This was only true so far as the original Agreed Charge 63 of $1.45 per 100
pounds is concerned, but it is not true so far as the amended Agreed Charge 63
of $1.20 per 100 pounds is concerned. The latter is what is complained of —
not the original Agreed Charge. The Agreed Charge of $1.20 per 100 pounds
was filed by Supplement No. 8 with the Board, with new signatures by the
Canadian Freight Association and the participating shippers, to become effective
October 18, 1956. Moreover, the amended agreed charge was made for a
reason different from the original Agreed Charge No. 63. The original was
made to meet carrier competition; the substituted Agreed Charge of $1.20 per
100 lbs. was made to assist Eastern shippers to enter a common market. The
plant of the Alberta Phoenix commenced operation in September 1956, and the
evidence given in the second hearing at Ottawa shows that the Alberta
Phoenix were negotiating with the railways for freight rates as far back as
July 1956. The Alberta Phoenix plant was therefore constructed and com-
pleted before Agreed Charge No. 63 (as amended) became effective. In any
event, the date that a shipper commences his business is entirely immaterial —
the Transport Act says that a shipper who complains of unjust discrimination
may apply to the Board at any time for a fixed charge (Section 32, subsection
10).
The claim of the railways that prior approval of the Board had been given
was also stated at the hearing with regard to Agreed Charge 89. With respect
to the latter agreed charge, it is true that this was approved by the Board
under the former requirements of the Transport Act. Agreed charges, however,
do not now need the approval of the Board since the amendment to the
Transport Act, effective on July 28, 1955 — and that is all the Board said in its
original Judgment.
Point 11
The Board was quite aware in rendering the original Judgment that only
the Canadian Pacific Railway Company and the Algoma Central & Hudson
Bay Railway participate in the movement of skelp in Agreed Charge No. 89,
but that both the Canadian National Railways and the Canadian Pacific Railway
Company participate in the Agreed Charge No. 63 on pipe from Welland to the
Vancouver area.
The Board restricted its prescribed fixed charges "to be made by the same
carriers parties to that Agreed Charge", in accordance with its powers under
the Transport Act. The position of the Canadian National Railways is dealt
with further herein when considering the legal points raised by that railway,
as is also the matter of routing.
Point 12
This is similar to Point 10 and has been dealt with in our comments on
that point.
Point 13
The contention that the complainant would have an advantage in the
Prairie market by reason of the Board's Judgment is not a reason for refusing
a finding of unjust discrimination in the agreed charge rates to the Vancouver
area and relief therefrom. The alleged advantage was shown by the railways
themselves at the second hearing to amount only to 3 cents per 100 pounds.
Moreover, the allegation of the railways would involve, to put it plainly,
366
the "juggling" of expense bills on skelp from both Hamilton and Sault Ste.
Marie to Edmonton to achieve the alleged advantage. The railways have the
remedy for such procedure in their own hands.
Point 14
This is dealt with at the end of these comments, under the heading "Review
of the Facts".
Point 15
As to Edmonton as an intermediate point, the first ten lines of the Board's
"Conclusions" down to the words "that intermediate point (of Edmonton)"
on Page 6 of the pamphlet copy is a general statement relating to both agreed
charges. Edmonton is directly intermediate to Vancouver via the Canadian
National Railways under Agreed Charge No. 63, and geographically inter-
mediate via the Canadian Pacific. This matter is further dealt with herein
under the heading "Circumstances and Conditions".
Points 16 to 21, which constitute points of law, are dealt with collectively
herein.
Review of the Facts
While the notification by telegram to the Board said that an application
for review would be filed on both the facts and the law, the principal new
factual evidence related only to an alleged error of the Board in accepting the
evidence of the Alberta Phoenix witness with regard to the average rate on
steel skelp from Hamilton to Welland. This was stated by the complainant to
be 11 cents per 100 pounds, whereas the railway companies say in their formal
application that it is 20 cents, and in their evidence that it is 22.46 cents, and
contend that the Board was influenced in its decision by the alleged erroneous
quotation of the complainant. The witness who had made the original state-
ment that the average rate was 11 cents, appeared at Ottawa to testify that
when the matter was discussed with the railways in 1956, they had agreed that
the average rate was 17 cents, not 11 cents. The witness, however, further
qualified this evidence by stating that based on the present sources of supply
of skelp, i.e., from Sault Ste. Marie and Hamilton to Welland, and the relative
proportions thereof, the present aggregate cost of shipments of skelp into
Welland for the purpose of manufacturing pipe for Vancouver was now 11 cents
per 100 pounds. This question can readily be disposed of: the Board was not
misled by any statement respecting that rate, and the Judgment is quite clear
that the Board did not take any rate from Hamilton to Welland into considera-
tion in fixing the charges prescribed in the Judgment. The Judgment of the
Board was made solely under the provisions of the Transport Act as relating to
agreed charges; no rates published under the provisions of the Railway Act
were taken into consideration, nor was it necessary to consider any such
rates in arriving at the Board's decision.
Unjust discrimination was found to exist against the shipper's business
upon four other findings of fact set forth at pages 5 and 6 of the pamphlet
Judgment dated April 17, 1958, and the Board prescribed a method by which
it could be removed.
Jurisdiction of the Board to Deal with Two Agreed Charges
When the Board is presented with a series of facts which clearly showed,
as in this case, that unjust discrimination exists and has satisfied itself on such
facts, the Board has jurisdiction under Section 32, subsection 10 of the Trans-
port Act to remove that discrimination by fixing a charge for the complaining
shipper whose business is unjustly discriminated against. It must be noted
367
that the Board is given no option in respect of the nature of the relief in such
a situation under the Transport Act; it may fix a charge, and only fix a charge,
to remove the unjust discrimination, subject to such conditions as it sees fit to
impose. It is not the same kind of jurisdiction which may be exercised by the
Board under Section 317 of the Railway Act; under that Act the Board may
require the railway to remove the discrimination, which the railway may do
either by reducing the higher rate, or advancing the lower rate, or by averaging
the two, or by any other method so long as it results in the removal of the
discrimination.
Having regard to the different types of jurisdiction which the Board holds
under these two Acts, it proceeded to apply the remedy under the appropriate
Act, i.e., the Transport Act, because it found an unjustly discriminatory
situation existing by reason of agreed charges. The complainant showed at the
first hearing by Exhibit No. 2 that had the agreed charges contracts not been
made by the railways with the complainant's competitors, the complainant had
an advantage on the normal basis of rates under the Railway Act in lower
transportation costs of supplying pipe in the Vancouver area, but that when
the railways entered into contract rates under agreed charges on a much
lower basis with his competitors at Hamilton, Ont., Welland, Ont., Port Moody,
B.C., and other points, the complainant lost its advantage in the Vancouver
market and could not sell its pipe there except at a loss. The railways chose
to enable the Ontario and British Columbia manufacturers to meet market
competition in the Vancouver area by entering into agreed charges with such
manufacturers. In fact, at the second hearing a witness for the railways said
the agreed charges had been made to help the (eastern) manufacturers, but
that he had no intention of similarly assisting the Alberta manufacturers.
The railways further contend that the Board exceeded its jurisdiction by
coupling the two agreed charges together and in finding unjust discrimination
"under two agreed charges" and inferentially that the Board could only find
unjust discrimination where one agreed charge is concerned. As to that
contention, it may be noted that the Order of the Board, Number 94129,
states that:
"And whereas the Board by its Judgment herein dated April 17,
1958, has made a finding that the business of the Applicant is unjustly
discriminated against by each Agreed Charge above referred to;"
(emphasis ours)
The Board's Judgment and Order, therefore, do not couple the two agreed
charges together and deal with them jointly and not individually; the Board
made a finding separately on each agreed charge. In any event, it may be noted
that had only Agreed Charge No. 63 on pipe existed, (with no agreed charge
on skelp), the Board would have fixed a charge of 44 cents per 100 pounds on
pipe from Edmonton to Vancouver to remove the unjust discrimination found
in that agreed charge; such charge, as pointed out at the second hearing, being
measured by the same percentage of the uniform Class 100 rate previously
prescribed by the Board from Edmonton to Vancouver, as the agreed charge
on pipe from Welland to Vancouver is of the Class 100 rate between these
two points.
On the other hand, had there only been in existence Agreed Charge No. 89
on skelp to Port Moody, B.C., (with no agreed charge on pipe), the Board
would have fixed a charge of 90 cents per 100 pounds from Hamilton and
Sault Ste. Marie to Edmonton in relation thereto.
But the fact is that both Agreed Charges 63 (as supplemented) and 89
are in existence, and each of them on the facts is unjustly discriminatory; the
64493-0—3
368
Board therefore can see nothing repugnant in law in removing by one Judg-
ment and Order the unjust discrimination created against the complainant
by each of these two agreed charges.
Unjust Discrimination Based on Location of an Industry
The railways in their final argument in this case endeavoured to set up a
defence that the complainant's plant at Edmonton (only 765 miles from
Vancouver) had been ''built in the wrong place" if it expected to do business
in Vancouver. It is impossible to reconcile this argument with the fact that
several other plants, about 3,000 miles from Vancouver, were enabled by the
railways to enter the common Vancouver market with their products at low
freight rates. It must be kept in mind that this is not a case of carrier
competition between two or more points in Canada which would compel the
railways to meet that competition; it is a matter of the railways enabling one
set of manufacturers in Ontario to get into a common market in the Vancouver
area to meet market competition, while denying the right of another manu-
facturer in Alberta, located 2,000 miles nearer, to enter the same market to
meet the same market competition; and, in the case of the Port Moody (B.C.)
manufacturer, the railways have also enabled that manufacturer to enter the
Vancouver market by according him a low agreed charge on his raw material,
but have refused to do so to the Edmonton manufacturer. The result, in
effect, is that the railways will assist any manufacturer who is 3,000 miles
away from that common market, or who is in the vicinity of the common
market, to enter that market with low agreed charges, but that any manu-
facturer who is located anywhere else along 3,000 miles of railway will not be
assisted to enter that market, but must pay the ordinary tariff rates, two or
three times as high, under the Railway Act. The Board considers that it has
jurisdiction to remedy such unjust discrimination by the use of its power to
fix charges under subsection 10 of Section 32 of the Transport Act.
Jurisdiction of the Board to Attach Conditions to the Fixed Charges
The railways contend that the Board exceeded its jurisdiction with respect
to the condition imposed by its Order that the fixed charge of 90 cents per 100
pounds on skelp shall only be applied upon proof submitted to the carrier that
the said skelp had been converted into pipe and shipped from Edmonton at
the charge to Vancouver, etc. fixed by the Board of 44 cents per 100 pounds.
The railways contended that the said provision is for the purpose of establishing
the two fixed charges in combination as an arrangement for fabrication in
transit, and that the Board has attempted to do by indirection what it is not
empowered to do directly, by either the Railway Act or the Transport Act.
In the Board's view this contention is unwarranted. The Board is empowered
to fix the conditions attaching to a fixed charge — the Transport Act, Section 32,
subsection 10, says so in as plain language as could be devised. Furthermore,
the condition imposed by the Board is not an arrangement for fabrication in
transit; it is merely a device to protect the railways' revenues and ensure that
the relief by way of fixed charges is confined to the unjust discrimination
complained of respecting the applicant's business in the Vancouver market
so that the shipper cannot obtain a refund of part of the local rate which he
has paid on skelp from Hamilton or Sault Ste. Marie to Edmonton, i.e., by
applying the 90 cent fixed charge, unless and until he produces a paid freight
receipt showing that the particular skelp has been shipped as pipe to the
Vancouver area. At the second hearing, the railways introduced argument
based upon quoted decisions of the Board and the Interstate Commerce Com-
mission in an attempt to show that the Board had never denned stop-off in
369
transit, nor had the Interstate Commerce Commission or the Board ever
assumed power to prescribe a transit arrangement of its own motion.
So far as the Interstate Commerce Commission is concerned, the decisions
referred to by the Counsel for the railways are negatived by the fact that
after the Mann-Elkins amendments of 1910, the Interstate Commerce Commis-
sion held that transit was a practice or regulation within the Interstate Com-
merce Commission Act, over which the Commission had jurisdiction, and that
the Commission could, and did require the rail carriers to accord a new privilege
as to the storage of wool 23 LC.C. 151.
The Board has denned milling in transit in XI J.O.R. & R. 389 at Page 390
as follows:
"This naturally brings up to the question of what is a reasonable
rate for the services to be performed by the railway company, always
considering that the railway company receives the legal rate for trans-
porting the grain from the starting point to destination, and that the
stop-over privilege simply means that, if the same amount in weight is
returned to the company for transportation to destination within six
months, the completion of the contract of carriage will be made by the
railway company at the legal through rate, whatever it may happen
to be".
The movement of skelp to Edmonton and pipe out of Edmonton is not a
milling or fabrication in transit at through rate from point of origin to destina-
tion in accordance with the interpretation of the. late Chief Commissioner
Guthrie in that decision. In any case, as stated, the Board has not prescribed
a fabricating in transit arrangement by the two fixed charges required by its
Judgment and Order. They simply constitute a rate into Edmonton on the raw
material (similar to the Agreed Charge to Port Moody) and another rate on
the finished product of pipe out of Edmonton (similar to the agreed charge
from Welland and other Ontario points), with a condition, as already stated,
to ensure that the relief granted is confined to the unjust discrimination found
respecting the applicant's business in the Vancouver market.
Circumstances and Conditions
As to the contention of the railways that the shipper's goods were not
offered for carriage under substantially similar circumstances and conditions
as the goods to which the agreed charges related; this contention is based upon
alleged variance in the routes over which the goods were to be carried, the
length of haul, and the locations of the plants of the shippers. The Board has
not varied the routes over which the goods are carried, or are to be carried;
the route via the Canadian National Railways is the same for the part from
Edmonton as from Eastern Canada under Agreed Charge No. 63; and so far as
Edmonton being on a branch line of the Canadian Pacific Railway is concerned,
with respect to Port Moody, the distance to Edmonton from Hamilton and
Sault Ste. Marie is shorter by about 400 miles at the fixed charge on skelp
of 90 cents than to Port Moody at the agreed charge of 95 cents, and the route
is the same from Hamilton and Sault Ste. Marie for most of the distance. The
railways in their argument regard these agreed charges as in the nature of
trans-continental rates, and under the trans-continental rates provision of the
Railway Act, Section 337, the whole intermediate territory between Port Arthur,
Vancouver, and Prince Rupert, is considered intermediate territory for the
purpose of rate making, whether it is on the main lines of the railways or on
branch lines. By that analogy, Edmonton on the Canadian Pacific is geo-
graphically intermediate to Vancouver.
64493-0— 3£
Jurisdiction of the Board to Fix a Lower Charge
Another point of law submitted by the railways was that the Board
exceeded its jurisdiction in fixing a charge on pipe lower than Agreed Charge
No. 63, and fixing a charge on skelp lower than Agreed Charge No. 89. The
railways argued at the second hearing that the Board, if it made any fixed
charges whatever, should have fixed a charge of 95 cents per 100 pounds on
skelp from Eastern points to Edmonton, in relation to Agreed Charge No. 89,
and a charge of $1.20 per 100 pounds on pipe from Edmonton to the Vancouver
area in relation to Agreed Charge No. 63. This would have made a total
transportation charge of $2.15 per 100 pounds, and would have just as effectively
shut Alberta Phoenix out of the Vancouver market area. The Board considers
that its jurisdiction is not only to fix charges, but as was said in the conclusions
of the original Judgment:
"In the opinion of the Board this does not necessarily mean the
same charge as the agreed charge; it means a charge which the Board
considers will remove the unjust discrimination".
Although the Board has made its interpretation of the Transport Act unin-
fluenced by the Report of the Royal Commission here mentioned, it may be
of interest to record that when the matter of amending the legislation of the
Transport Act with respect to Agreed Charges were being considered by the
Royal Commission appointed to deal with the subject in 1954, the railways
endeavoured to persuade the Commission that the Act should be amended to
provide that: "it (the Board) may fix a charge not lower than the agreed
charge, etc." (see page 31 of Report of Royal Commission on Agreed Charges
1955 — emphasis ours). In answer to that suggestion the Royal Commission
said:
"2. The next case to be dealt with is that of the shipper who con-
siders that his business has suffered, or is likely to suffer, from unjust
discrimination by reason of an agreed charge. I have already referred
to the present provisions of the Statute, which provide for his relief
upon conditions to be laid down by the Board, and I have also quoted
the railways' suggested amendment to this procedure which would limit
the Board's discretion considerably in such cases. I cannot accede to
the railways' suggestion on this point. I believe that a shipper who feels
that he is injured in his business interests by an 'unjust discrimination'
should also feel that in bringing his case to the Board he is applying
to an impartial tribunal which has unrestricted power to give him the
remedy which his case warrants. This has been the practice hitherto and
the evidence convinces me that, on the whole, it has proved satis-
factory to all concerned. I would not change it". (Page 36 of Report
of Royal Commission on Agreed Charges 1955).
In the opinion of the Board, we have power to fix a charge whether
higher, lower, or the same, as the agreed charge, appropriate to remove the
unjust discrimination found by the Board to exist against a shipper com-
plaining of an agreed charge.
'*$ 11 *J
Position of the Canadian National Railways
In final argument, Counsel for the Canadian National Railways made three
main points; (a) that the Board had exceeded its jurisdiction in making the
Judgment of April 17, 1958, and Order No. 94129 of the same date; (b) that
the action of the Board deprived the Canadian National Railways of participat-
ing in the fixed charge of 90 cents per 100 pounds on skelp from Hamilton and
Sault Ste. Marie; and (c) that the Canadian National Railways did not desire
371
to carry pipe from Edmonton to Vancouver at 44 cents per 100 pounds and that
such a fixed charge should not have been imposed upon the railway by the
Board.
As to (a), the Board has dealt herein with that point of law; as to (b),
while the Board has no power to add the Canadian National Railways to Agreed
Charge No. 89, there is nothing that the Board can find in the Transport Act,
or the Railway Act, to prevent that railway from (1) voluntarily joining in
the tariff to be issued publishing the prescribed fixed charge of 90 cents per
100 pounds, — in fact Canadian National has done just that; (2) publishing a
competitive rate of 90 cents to meet the fixed charge; (3) publishing a propor-
tional rate of 90 cents per 100 pounds from Hamilton to Edmonton on skelp
for manufacture and reshipment to the Vancouver area; (4) publishing a
commodity rate of 90 cents or (5) participating in a new agreed charge of 90
cents per 100 pounds if and when such new charge is agreed. The Board,
therefore, has not deprived the Canadian National Railways of any opportunity
to participate in the haulage of skelp to Edmonton and of pipe from Edmonton
to Vancouver at total transportation revenue of $1.34 per 100 pounds (i.e. 90
cents on skelp from Eastern points to Edmonton and 44 cents on pipe from
Edmonton to Vancouver). Compared with the fact that it voluntarily accepts
$1.20 on pipe from Welland to Vancouver, the opportunity to obtain $1.34
per 100 pounds on skelp and pipe via the same route through Edmonton, or
14 cents per 100 pounds more, would not appear to cause any injustice to the
Canadian National Railways.
The fixed charge of 44 cents per 100 pounds of pipe from Edmonton to
Vancouver stands alone; it does not depend upon "the carriage of skelp from
Hamilton to Edmonton by the Canadian National Railways. The obligation to
carry pipe at a fixed charge of 44 cents per 100 pounds from Edmonton to
Vancouver is a consequence that flows from the action of the Canadian National
Railways in becoming one of the railways which made the agreed charge of
$1.20 per 100 pounds in the amended Agreed Charge No. 63 for the transport
of pipe from Welland to Vancouver. The Canadian National Railways is not
a party to Agreed Charge No. 89 on skelp from Hamilton and Sault Ste. Marie
to Port Moody. However, it is not necessary for the Canadian National Rail-
ways to participate in that carriage under Agreed Charge No. 89 in order to be
required to carry pipe from Edmonton to Vancouver at 44 cents. The Board's
power to make the latter fixed charge does not depend upon Agreed Charge
No. 89, which applies on skelp.
Grounds Advanced by the Railways for Objection to the Board's Judgment
At the first hearing at Calgary the railways objected to the application of
the complainant on the ground that the remedy proposed would be a fabricating
transit arrangement which would be difficult to police, and allegedly would
cause a great loss in revenue to the railways. While not withdrawing this
defence, the railways, at the second hearing at Ottawa, objected mainly on the
ground of the collateral consequences of the Board's Judgment, principally
due to a letter from the Welland Tube and Pipe Company to the effect that if
the principle enunciated by the Board were made effective, that company would
seek several reductions in the rates on skelp and pipe from Hamilton and
Welland in a number of freight rate adjustments now existing. These requests,
however, would be made on traffic within Eastern Canada having no relation
whatever to a movement from Eastern to Western Canada. It appears to the
Board that such far-ranging examples, presented in an endeavour to justify
objection to the removal of unjust discrimination to a competitor at Edmonton,
do not show that the Board erred in its decision.
372
One further statement of the railways at the second hearing should be
disposed of; the railways argued that if the Board's original Judgment were
confirmed it would result in numerous applications for fixed charges at inter-
mediate points on the Prairies between Eastern territory and the Pacific Coast.
However, a witness for the complainant gave evidence at the second hearing
that he had examined every agreed charge now in effect between Eastern
Canada and the Pacific Coast, and that he could only find one where there was
any possibility of a similar complaint arising from the effects of the original
Judgment of the Board.
In conclusion the Board wishes to state that all facts and argument pre-
sented at the hearings, whether or not mentioned in these reasons, have been
carefully considered by the Board in reaching its conclusions.
HUGH WARDROPE,
A. SYLVESTRE
L. J. KNOWLES
373
Increased export and import rates between Canadian points and Canadian ports
Item 220- A, Tariff X-212
File No. 39422.2
Heard at Ottawa, April 9 and 10, 1958.
Before:
C. D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
Li. J. Knowles, Commissioner.
Appearances:
Lovell Carroll, Q.C., for Canadian National Millers Association
and Ontario Flour Millers Association.
J. W. Strickland, for Ontario Flour Millers Association.
W. J. Smallacombe, for Maple Leaf Milling Company Limited,
and Grain & Grain Products branch of the Toronto Board of
Trade.
E. J. Wolff, for Canadian National Millers Export Committee.
W. MacDougall, for Robin Hood Flour Mills Limited.
H. A. Mann, for Maritimes Transportation Commission.
A. R. Treloar, for Canadian Manufacturers Association.
I. C. Campbell and Guy R. Biron, for Quebec Asbestos Mining
Association.
R. E. Gracey and E. Cheeseman, for Canadian Industrial Traffic
League.
E. J. Alton and W. C. Perron, for National Harbours Board.
C. LaFerle, for Canadian Importers and Traders Association.
T. H. Weatherdon, for Canadian Exporters Association.
K. D. M. Spence, Q.C., for Canadian Pacific Railway Company.
J. W. G. MacDougall, Q.C., for Canadian National Railways.
Cuthbert A. Scott, Q.C., for All interested Class I United States
railroads.
JUDGMENT
By the Board:
The matter at issue here concerns a proposed flat increase of 6 cents per
100 pounds in line haul rates applicable with some exceptions, on export and
import freight traffic between points in Canada and Canadian ports such as is
set out in item 220- A of Master Tariff X-212 filed with us by various agents
under their respective C.T.C. numbers.
The said increase is in addition to all other increases made in line haul
rates by the said Master Tariff. It was initiated by United States railroads
and is now applicable on traffic through United States ports and also on United
States traffic moving through Canadian ports.
Tariffs containing the increase here involved were filed with the Board
on statutory notice to become effective February 15, 1958, but upon protests
from the flour milling industry and others we issued Order No. 93541 on
January 31, 1958 suspending the coming in force of the 6c increase insofar as
it was proposed to establish the same to or from Canadian ports from and to
Canadian points.
The protests which impelled us to suspend the said charge alleged
unreasonableness and unjust discrimination would prevail and, in particular,
that while the increase was proposed to be made applicable to export flour it
was not proposed to apply the same on bulk wheat.
374
The matter was set down for public hearing and was heard on the 9th
and 10th day of April, 1958 at which time over 250 pages of testimony and
argument were taken and 29 exhibits were introduced in evidence. Not all
of those who sought suspension appeared at the hearing and not all of those
who did appear gave evidence.
As briefly as appears possible, the following summarizes the protestants'
submissions and those of the railways:
Protestants
The Maritimes Transportation Commission expressed fear that the pro-
posed increase would decrease exports; that a flat rate increase on all goods
may be impossible for some to assume; that maintaining port parity is important
but not essential if the traffic does not move through United States ports. It
was suggested that the development of the St. Lawrence Seaway would create
new competition; that? highway transportation already takes place to United
States ports; and that the Canadian Lines are not entirely without voice in the
determination of the level of the export and import rates.
The Canadian Industrial Traffic League spoke in general terms of the
detrimental effect the increase would have on Canada's foreign trade which
accounted for 22 per cent of the national income compared with 5 per cent
in the United States; that the initiative in respect of the proposed charge was
taken by the United States lines and while it might be adaptable to their
conditions the same conditions did not prevail in Canada. Broad reference
was made to alleged differences in labour costs involved in the handling of
traffic at Canadian vs. United States ports, the impact of competitive services;
and it was asserted that as export and import rates normally include the
terminal services, increased costs had been already compensated for by the
various Ex Parte increases previously secured.
The Canadian Manufacturers' Association appeared to be mainly concerned
that the Board might make a decision in advance of a finding by the Interstate
Commerce Commission, before which similar proceedings were being taken.
The Quebec Asbestos Mining Association representatives stressed that
overseas buyers may seek sources of supply elsewhere than in Canada, although
admitting that Canadian asbestos was in good demand. It was stated that
exports of asbestos were lower in the first two months of 1958 than for a
comparable period the year previous. They contended that it was unjust to
apply the same measure of increase to asbestos as to manufactured goods.
The flour milling industry as represented by the Canadian National Millers
Association and the Ontario Flour Millers Association submitted substantial
testimony in opposition to the increase through senior officers of Ogilvie Flour
Mills, Quaker Oats Company, Maple Leaf Milling Company, Robin Hood Flour
Mills, and the Almonte Flour Mills.
The general tenor of the evidence given by these witnesses was that in the
United Kingdom market, which is the largest market for Canadian flour,
competition was being now experienced of such severity as to necessitate the
elimination of normal profits, with business being taken at substantial losses
or at no more than recovery of out-of-pocket expense. It was stated that
this situation was of deep concern to the industry and that it was so selling
flour in an attempt to retain contacts with customers in the hope that more
normal conditions would eventually materialize. They unanimously stated that
to apply a further charge of 6c per 100 lbs. would seriously jeopardize their
ability to continue the present practice. The witness for Almonte Flour Mills
flatly stated that even an increase of one cent per 100 lbs. would result in the
cessation of movement to the United Kingdom from his mill, and that many
other small mills would be similarly situated.
375
A series of exhibits were filed illustrating, inter alia, the exports of flour
and wheat from Canada over a period of years which showed that for the
crop year 1956-57 wheat exports had declined 15.4 per cent from the previous
year and flour 13.8 per cent. A comparison was shown for seven months of the
crop years 1956-57 vs. 1957-58 indicating that while the latter had increased
8.4 per cent over the previous year insofar as wheat is concerned, the increase
in flour was only 2.4 per cent. In Exhibit 4, entitled "World Flour Trade
Increased in 1957" the exports of wheat flour by principal countries show the
following changes in 1957 over 1956:
In Exhibit 5 it was shown that export of wheat flour to the Caribbean Area
from Canada had, generally, substantially declined in 1957 from the year
previous whereas exports from the United States had substantially increased.
In Exhibit 9 a comparison by years extending from 1950-51 to 1956-57
shows a continuing decline, year by year, in Canada's exports of wheat flour
to the United Kingdom, with the last named year resulting in exports of
4,955,801 cwts. compared with 5,501,599 cwts. in 1955-56 and 10,199,270 cwts.
in 1950-51. A like condition is shown to have prevailed in respect of such
exports to all Commonwealth countries and also to other foreign countries.
In Exhibit 10 which shows similar data for seven months 1957-58 vs. a
like period of 1956-57, an improvement is noted in that for the 1957-58 period
to United Kingdom some 500,000 cwts. more than in the previous year were
exported and a like situation appears to prevail in respect of total exports.
It was stated that the major factor detrimental to Canadian flour exports
was the subsidization policy of the United States Government which resulted,
as shown in Exhibit 7, in an advantage to United States suppliers in the United
Kingdom market of 49c per cwt.
It was also stressed that the proposal to apply the increase to flour and to
not apply it to exports of bulk wheat created hardship upon the Canadian
millers who were in intense competition with British millers who produced
flour from Canadian and other wheat. It was contended that such a practice
would tend to decrease also the movement of Canadian wheat in that if Cana-
dian flour could no longer be marketed in the United Kingdom, where its
quality is held in high regard, the tendency would be for British millers to seek
inferior grades of wheat at lower prices with consequent decline of wheat
exports from Canada. The assertion was that Canadian flour is a strong factor
in creating demand for Canadian wheat on account of its superior qualities.
As to the ocean transportation to the United Kingdom, exhibit 6 shows
that the rate on flour is presently on a differential of 15c over the liner
minimum grain rate. Exhibit 11 compares the rail rate spread on grain
products, Ex-Lake, milled at lakeports with the Ex-lake rates on bulk wheat
from such ports. The purport of this exhibit is that in 1943 the grain products
rate to Halifax and Saint John was 6.33c per 100 lbs., higher than the bulk
grain rate, whereas at February 15, 1958, the spread had increased to 14.75c.
With the addition of a further increase of 6c per 100 lbs. the spread would
be 20.75c. (While the exhibit does not so show, the same rates and spread
apply to Portland, Maine, and Boston, Mass.).
The principal evidence of the railways was that the proposed application
of item 220-A was to maintain the continuity of rate parity between Canadian
United States .
Canada
Australia
Other countries
World total . . .
35.9% increase
11.3% decrease
3.0% decrease
7.5% increase
10.5% increase
Railways
and United States ports; that such parity was of vital importance to Canadian
ports, railways and the shippers; and that its retention provided the only
justification for the lower rates than on domestic traffic and for the longer hauls
involved. Considerable discussion took place with this witness as to the
character of the export rates with the witness asserting that they were not
competitive rates but were rates designed to develop movement of traffic to
world competitive markets.
Questioning of the witness developed that the Canadian lines had not taken
any steps to ascertain why a difference in treatment was being proposed re
flour vs. grain; that it had been assumed the difference in the method of
handling was the basic reason and that the Canadian lines' approach to the
matter was simply upon the premise of preserving the port parity rate
relationship.
It was stated that the railways had occasion, at times, to depart from the
practice of port rate parity when competitive forces compelled an adjustment
of the rate; and that if the preservation of port parity should result in the
cessation of movement of any particular commodity, the Canadian railways
would reassess the situation in an attempt to maintain the flow of traffic.
Discussion and Conclusions
While the review of the evidence and submissions as above stated does not
completely set out all that was adduced, we have given careful study to the
whole record.
The position taken in argument by Counsel for the flour milling industry
was chiefly that the marketing situation for Canadian flour was in a greatly
depressed condition and that the proposed addition of 6c by item 220-A is
unreasonable; that whatever increase in costs has occurred has been com-
pensated for by the various increases which have been applied; and that the
present rates have not been shown to be non-compensatory.
He stressed that a main consideration involved in this case is the increase
proposed on flour and not on wheat. While not invoking unjust discrimination
he contended that "nothing prevents the Board from applying that principle
if, from the facts of the case, it finds that it is applicable.".
He also contended that the adherence to the principle of port parity
clashed with the vital interests of the railways and the shippers, which the
railways might well give further consideration to even before we render
Judgment: and that if the traffic does not flow, parity is meaningless.
Counsel for the railways, on the other hand, challenge our powers to
order any change in the level of the export and import rates as long as they
are lower than the domestic level and provide service over longer hauls than
those involved in the competitive port movements.
The general tenor of the argument by railway Counsel is that the applicants'
case is built upon allegations of unreasonableness and not on unjust discrimina-
tion; that the Board has never assumed it had power to fix rates for export or
import traffic within the concept of the present rate structures for such traffic;
and that the Board has never exercised its powers in an endeavour to over-
come economic problems faced by various industries or to overcome geo-
graphical disadvantages.
The points mentioned are well taken and we see no grounds upon which
we can substitute ourselves for railway management in determining the extent
to which assistance may be granted to industries so situated.
On numerous occasions we have acted upon the basic premise that export
and import rates are in reality competitive rates to meet conditions of com-
petition of various types. The Railway Act permits the railways to establish
377
competitive rates in their discretion, and the only power we have exercised in
respect thereto is to deal with matter of (a) unjustifiably low rates; or (b)
unjust discrimination.
In the instant case the only condition we can see that calls for determina-
tion on our part is the proposed difference in treatment of the flour and bulk
grain traffic.
There is undoubtedly a delicate balance between the marketing of grain
and flour and we have given particular consideration to what has been adduced
in this respect. That there is presently, and existent for many years past, a
lower basis of export rail rates to seaboard on grain than on flour, although on
domestic traffic they are normally carried at the same level of rates, and it
must be presumed that such difference now existing has not prevented the flour
millers from marketing their product despite such difference.
We are of the opinion that with such difference as now obtains, and in
the light of no evidence to the contrary, the respective export rates on grain
and flour are just and reasonable as at present in effect. To arbitrarily apply a
further charge to flour and not to grain in our opinion has serious elements of
unjust discrimination against the export of Canadian flour and is not justified
even on the grounds of maintaining port parity. The nature of the parity in
this respect is indicative that to the United States ports where rates to Canadian
ports are equal, the Canadian lines are not wholly without influence as to the
measure thereof. The port of Portland is largely under the dominance of the
Canadian National Railways and Boston, if not dominated by the Canadian
Pacific Railway, at least that line plays considerable part in influencing the
level of competing rates through it.
Finding
We find that unjust discrimination will prevail against the export of
Canadian flour through Canadian ports if item 220-A of the tariff, or as the
provisions thereof may be otherwise applied is made applicable as now pro-
posed, so long as bulk grain is not similarly treated. The said provisions are
hereby disallowed without prejudice to the right of the Canadian railways to
establish non-discriminatory provisions.
Other than the foregoing the objections made are not sustained, and are
dismissed. Order No. 93541 will be revoked and an Order in the terms of the
finding herein will go.
C. D. SHEPARD
F. M. MacPHERSON
L. J. KNOWLES
October 3, 1958.
378
ORDER No. 95910
Monday, the 6th day of October, A.D. 1958
In the matter of item 220- A of Tariff of Increased Rates and Charges X212,
increasing export and import rates:
File No. 39422.2
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
Clarence D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon hearing at a sittings of the Board held at Ottawa on April 9 and
19, 1958, the matter of proposed increase of 6 cents per 100 lbs. in export and
import rates as described in Order of the Board No. 93541, dated January 31,
1958, in the presence of Counsel for and representatives of Canadian National
Millers Association, Ontario Flour Millers Association, Maple Leaf Milling
Company Limited, Grain and Grain Products Branch of the Toronto Board of
Trade, Canadian National Millers Export Committee, Robin Hood Flour Mills
Limited, Maritimes Transportation Commission, Canadian Manufacturers
Association, Quebec Asbestos Mining Association, Canadian Industrial Traffic
League, National Harbours Board, Canadian Importers and Traders Association,
Canadian Exporters Association, Canadian Pacific Railway Company, Canadian
National Railways, all interested Class I United States railroads, and having
rendered judgment thereon dated October 3, 1958:
It is ordered:
1. That Order No. 93541 be, and it is hereby, rescinded.
2. That the proposed increase of 6c per 100 lbs. stated in item 220- A of
Tariff X212 insofar as it is proposed to be applied to export traffic of flour,
milled from wheat or other grain, from points in Canada to Canadian ports is
found to be unjustly discriminatory and is hereby disallowed without prejudice
to the establishment of non-discriminatory rates.
3. That in all other respects the increased rates as determined by the said
Tariff X212 are not found to be unreasonable or unjustly discriminatory and
complaints concerning the same are hereby dismissed.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
379
In the matter of the application of the Canadian National Railways dated
September 3, 1957, for the installation of manually operated flashing
signals supplemented with short arm gates at their crossing at Brant
Street, Burlington, Ontario, and apportionment of costs in connection
therewith.
File 1916.
Before:
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
Frank M. MacPherson, Commissioner.
Appearances:
H. J. G. Pye, for the Canadian National Railways.
A. B. McIlmoyle, for the Town of Burlington.
Heard at: Burlington, Ont., September 9, 1958.
JUDGMENT
Wardrope, Assistant Chief Commissioner.
This is an application by the Canadian National Railways to replace the
existing manually operated gates at Brant Street crossing in the Town of
Burlington, with the more modern and approved short-arm gates and flashing
lights and to apportion the costs of replacement, maintenance and operation
between the Town and the Railways.
Brant Street is a principal street in the Town of Burlington. It is also a
highway connection between Ontario Provincial Highway No. 2 and the Queen
< Elizabeth Highway. It crosses the C.N.R. Oakville Subdivision at mileage 31.96.
There are seven tracks crossing Brant Street at this point, namely, two tracks
of the Oakville Subdivision, one track of the Milton Subdivision, two tracks
of the Beach Subdivision and two sidings. These tracks cover a distance on
Brant Street of some 200 feet.
Vehicular traffic on Brant Street is heavy and rail traffic over the crossing
is also heavy and much of it extremely fast, averaging over 85 trains per day.
At present the crossing is protected by six manually operated mechanical
gates, operated for 24 hours per day by towermen. This protection has been
in operation for over fifty years — in fact they were installed prior to the
inception of the Board. The cost of operating and maintaining this protection
is paid by the Railways.
Because the present manually operated protective equipment has become
obsolete from a maintenance point of view, it is proposed to replace it with
more modern short arm gates with flashing lights. These would be operated
electrically by the towerman by means of push buttons. The Board approves
the proposed change.
The Railways take the position that the new protection will be an advantage
to the Town and will provide greater protection, and that consequently it
would not be unreasonable to place upon the Town a proportion of the costs of
installation, maintenance and operation. The Town does not agree that it will
derive any increased benefit from the change and urges the Board to make no
change in the present burden of the costs of maintenance and operation.
Under ordinary circumstances and in conformity with the Board's formula
for apportioning such costs as are here involved, the Board would allocate a
380
proportion against the Road authority. But it appears to me that there are
unusual factors involved at this crossing which must be considered.
First of all, although I do not give too much weight to it, the fact is that
the Railways over a long period of years assumed and carried the whole cost of
maintenance and operation. But apart from this factor, there are two more
important ones which I am of the opinion must be given considerable weight.
The first is that the Board's records show that the present protection has
apparently been very effective for fifty years or more. In all these years of
operation at this crossing only one reportable accident has occurred and even
this accident, which occurred in 1948 and caused the death of a Sectionman,
had nothing to do with the protective devices at the crossing.
Considering the volume of rail and vehicular traffic to which this crossing
is subject, there is some merit in the Town's contention that upon the record,
the proposed change in protection would not be more effective and consequently
more advantageous to the Town.
The second factor and in my opinion even a more cogent one is that it is
the multiplicity of the Railways' own tracks at this crossing that is the real
cause of the high cost of maintenance and operation. If it were not for this
multiplicity of tracks, the present need for twenty-four hour operation by
towermen instead of the far less costly automatic operation of the gates would
be eliminated.
Under all circumstances, I do not think the Railways have a sufficient case
to move the Board to re-allocate the cost of maintenance and operation of the
proposed new protection. However, I would authorize the Applicant to install
the proposed flashing lights and short arm gates and make a grant of 80 per
cent of the cost of installation from the Railway Grade Crossing Fund — costs
of maintenance and operation to be upon the Railways.
HUGH WARDROPE.
I concur:
F. M. MacPherson.
Ottawa, October 9, 1958.
381
ORDER No. 95962
In the matter of the application of the Canadian National Railways dated
September 3, 1957, for installation of manually operated flashing signals
supplemented with short arm gates at the crossing of their railway and
Brant Street in Burlington, Ontario, and the apportionment of costs in
connection therewith.
File No. 1916.
Thursday, the 9th day of October, A.D. 1958.
Hugh Wardrope, Q.C., Assista7it Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon hearing the application at a sittings of the Board held in Burlington,
Ontario, on September 9, 1958, in the presence of Counsel for the Canadian
National Railways and the Town of Burlington —
It is hereby ordered as follows:
1. The Canadian National Railways are authorized to install, and thereafter
maintain, four flashing light signals, four short arm gates and two bells
manually controlled at the crossing of their railway and Brant Street in the
Town of Burlington, Province of Ontario.
2. The said protection shall be installed in accordance with the provisions
of General Orders Nos. 811 and 830, and a detailed plan showing the layout
thereof shall be submitted for the approval of an Engineer of the Board.
3. Eighty per cent of the cost of installing the said protection, not exceed-
ing, however, the sum of $13,040.00, shall be paid out of The Railway Grade
Crossing Fund, and the balance of the said cost shall be borne and paid by the
Canadian National Railways.
4. The costs of maintenance and operation of the said protection shall be
borne and paid by the Canadian National Railways.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
382
SUMMARY OF ORDERS ISSUED BY THE BOARD
96000 Oct. 20 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The People's Telephone
Company of Forest Limited.
96001 Oct. 20 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Coldstream Telephone
System.
96002 Oct. 20 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Commissioners for
the Telephone System of the Munic. of the Township of Johnson.
96003 Oct. 20 — Approving location of the station proposed to be erected by the
C.N.R. at Glendon, Alta.
96004 Oct. 20 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Telephone System of
the Municipality of the Township of Watt.
96005 Oct. 20 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Wallacetown and Lake
Shore Telephone Association Limited.
96006 Oct. 20 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Monk Rural Telephone
Company Limited.
96007 Oct. 20 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Caradoc-Ekfrid Telephone
Company Limited.
96008 Oct. 20 — Approving application of the City of St. Boniface, Man. for installa-
tion of automatic protection at the crossing of the C.P.R. and Marion
St., Mileage 1.55 Emerson Subd.
96009 Oct. 20 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Hazeldean Rural Telephone
Company Limited.
96010 Oct. 20 — Rescinding Order 58614 in the matter of facilities of Imperial Oil
Limited for handling and storage of flammable liquids at Kelfield,
Sask.
96011 Oct. 20 — Rescinding Order 67564 in the matter of facilities of Imperial Oil
Limited for the handling and storage of flammable liquids at
Streamstown, Alta.
96012 Oct. 20 — Rescinding Order 78126 in the matter of facilities of Great West
Distributors Limited for the handling and storage of flammable 1
liquids at Dewberry, Alta.
96013 Oct. 20— Rescinding Order 63832 in the matter of facilities of Acadia United
Farmers of Alberta Cooperative Assoc., Limited, for the handling
and storage of flammable liquids at Chinook, Alta.
96014 Oct. 20— In the matter of application of the C.P.R. on behalf of North Star
Oil Limited, for approval of proposed location of facilities for the
handling and storage of flammable liquids at Weirdale, Sask.
96015 Oct. 20 — Approving application of the Rural Municipality of Cory, Sask.,
to construct the highway over the C.N.R. at Mileage 1.8 Rosetown
Subd.
96016 Oct. 20 — Exempting the C.P.R. from erecting right of way fencing between
Mileages 38.5 and 46.22 Leduc Subd., Alta.
96017 Oct. 20 — Approving location of special design station proposed to be erected
by the C.N.R. at Prince Albert, Sask.
96018 Oct. 20 — In the matter of improvemens to the crossing of Galloway Road
and the C.N.R. at Mileage 320.95 Oshawa Subd., Ont.
96019 Oct. 20 — Amending Order 94553 re apportionment of cost of constructing
Ava Road over the C.N.R. by means of an overhead bridge at
Mileage 24.09 Dundas Subd., Ont.
96020 Oct. 20 — Approving Plan showing the protection as installed at crossing of
the C.P.R. and Highway No. 11 at Mileage 16.42 Park Avenue
Subd, P.Q.
383
96021 Oct. 20 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Dawson Road, St. Boniface, Man., Mileage 149.92
Sprague Subd.
96022 Oct. 20 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Shogomoc Subd., N.B.
96023 Oct. 20 — Authorizing the C.P.R. to relocate its main line and to construct
sidings across Broadway St., Front St., and Condon St. in the Town
of Grand Falls, N.B.
96024 Oct. 20 — Authorizing the C.P.R. to widen the highway where it crosses its
railway in the Township of Magog, County of Stanstead, P.Q.
96025 Oct. 20 — Approving application of the Corporation of the Parish of St.
Gerard Majella, P.Q., for authority to construct the highway over
the C.N.R. at Mileage 12.05 Batiscan Subd.
96026 Oct. 20 — Authorizing the removal of the speed limitation at the crossing of
Fourth Range and the C.N.R. west of Drummondville, Co. of
Drummond, P.Q., Mileage 99.6 Drummondville Subd.
96027 Oct. 20 — Approving Supplement to tariffs filed by the C.P.R. under Section
8 of The Maritime Freight Rates Act.
96028 Oct. 20 — Approving Supplements to tariffs filed by the C.N.R. under Section 3
of the Maritime Freight Rates Act.
96029 Oct. 20 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Oxford Telephone Company
Limited.
96030 Oct. 20 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Dunnville Consolidated
Telephone Company Limited.
96031 Oct. 20 — Amending Order 94396 re apportionment of cost of reconstructing
the subway at the crossing of Hutton Side Road and the C.N.R. in
the Township of London, Ont, Mileage 2.24 Strathroy Subd.
96032 Oct. 20— Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Quebec — Telephone (Division de
TOuest).
96033 Oct. 20 — Approving plan submitted by the C.P.R. showing the protection as
installed at the crossing of the C.P.R. and Kilborn Ave., Ottawa,
Ont., Mileage 1.53 Sussex St. Subd.
96034 Oct. 20 — Amending Order 94866 re apportionment of cost of constructing the
Trans Canada Highway across the C.N.R. by means of a subway
at Mileage 8.69 Harcourt Subd., N.B.
96035 Oct. 20 — Approving application of the City of St. Boniface, Man., for the
installation of automatic protection at the crossing of the C.N.R.
and Archibald St., St. Boniface, Mileage 151.25 Sprague Subd.
96036 Oct. 20 — Authorizing the C.N.R. to remove the agent and appoint a caretaker
at Abbotsford, P.Q.
96037 Oct. 20 — Approving the location and details of the station proposed to be
erected by the C.P.R. at St. Basile, P.Q.
96038 Oct. 21 — Approving application of the C.P.R. for authority to discontinue
operation of its passenger train service between Varcoe and
Macgregor, Man.
96039 Oct. 21 — Authorizing the C.N.R. and C.P.R. to operate through the inter-
locking at the crossing of their railways at Belleville, Ont., Mileage
92.4 Belleville Subd. of the C.P.R.
)6040 Oct. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 83.86 Peterboro Subd., Ont.
•6041 Oct. 21 — In the matter of the application of Athabasca Valley Utilities Limited
to transfer to Northwestern Utilities Company Limited the author-
ization granted by Order No. 90300.
>6042 Oct. 21 — Authorizing the C.N.R. to reconstruct the overhead bridge at Mileage
11.7 Danville Subd., P.Q.
'6043 Oct. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. west of the station at Acton, Ont.,
Mileage 36.2 Brampton Subd.
384
96044 Oct. 22 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.N.R. west of the station at Courtland,
Ont., Mileage 91.27 Cayuga Subd.
96045 Oct. 22 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Township Road, east of Strathroy, Ont., Mileage
17.28 Strathroy Subd.
96046 Oct. 22 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.P.R. at Mileage 66.67 Lachute Subd., P.Q.
96047 Oct. 22 — Authorizing the C.N.R. to remove the caretaker at West Fort
William, Ontario.
96048 Oct. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Northern Alberta Railways Company at Mileage
162.5 Slave Lake Subd., Alta.
96049 Oct. 22 — Authorizing the C.P.R. to construct a sidewalk on its bridge crossing
the Pike River in the Town of Bedford, P.Q., at Mileage 11.3
Stanbridge Subd.
96050 Oct. 22— Approving tariffs filed by The Bell Telephone Company of Canada.
96051 Oct. 22— Authorizing the Rural Munic. of Brokenshell No. 68, Sask., to
construct the highway across the C.P.R. at Mileage 16.4 Assiniboia
Subd.
96052 Oct. 22 — Publication of notices re use of the St. John River bridge between
Fredericton and South Devon, N.B., C.N.R.
96053 Oct. 22 — In the matter of facilities of Smith and Chappie Limited for the
handling and storage of flammable liquids at Chapleau, Ont.
96054 Oct. 22 — Approving location of the special design station proposed to be
erected by the C.N.R. at Grand Centre, Alta.
96055 Oct. 22 — Authorizing the C.N.R. to reconstruct the bridge crossing Three Hills
Creek, Alta., Mileage 65.8 Three Hills Subd.
96056 Oct. 22 — Authorizing the C.N.R. to reconstruct the bridge crossing Sundance
Creek, Alta., at Mileage 6.6 Brule Subd.
96057 Oct. 22 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to construct Highway No. 16 across the pipe line of Inter-
provincial Pipe Line Company in the SWJ Sec. 8, Twp. 14, Rge. 7,
West 2nd Meridian.
96058 Oct. 22 — In the matter of facilities of the Esquimalt and Nanaimo Railway
Company for the handling and storage of Diesel fuel oil at Welling-
ton, B.C., Mileage 77.3 Victoria Subd.
96059 Oct. 22 — Authorizing the Rural Munic. of Grant No. 372, Sask., to relocate
the highway where it crosses the C.N.R. at Mileage 78.8 Meskanaw
Subd.
96060 Oct. 22 — Authorizing the British Columbia Power Commission to construct
a power line across the company pipe line of Trans Mountain Oil
Pipe Line Company north of Black Pool, B.C., in District Lot 1689.
96061 Oct. 22 — Authorizing the British Columbia Power Commission to construct
a power line across the company pipe line of Trans Mountain Oil
Pipe Line Company east of Clearwater, B.C., in District Lot 1716.
96062 Oct. 22 — Authorizing the British Columbia Power Commission to construct
a power line across the company pipe line of Trans Mountain Oil
Pipe Line Company east of Clearwater, B.C., in District Lot 1715.
96063 Oct. 22 — Authorizing the British Columbia Power Commission to construct
a power line across the pipe line of Trans Mountain Oil Pipe Line
Company in District Lot 1657, north of Black Pool, B.C.
96064 Oct. 22 — Authorizing the British Columbia Power Commission to construct a
power line across the pipe line of Trans Mountain Oil Pipe Line
Company in District Lot 2849, east of Clearwater, B.C.
96065 Oct. 22 — In the matter of improved protection at the crossing of Marior
Street and the C.N.R. in St. Boniface, Man., Mileage 150.36 Spragu*
Subd.
96066 Oct. 22 — Authorizing the C.N.R. to construct its railway across Highwa?
No. 2 in Cornwall, Ontario.
96067 Oct. 22 — Exempting the C.P.R. from erecting right of way fencing along th<
west side of its Aldersyde Subd., between Mileage 17.8 and Mileag'
20.1, Alta.
385
96068 Oct. 22 — Authorizing the Alberta Dept. of Highways to relocate and widen
Highway No. 22A where it crosses the C.P.R. between Sections 22
and 27, Twp. 22, Rge. 1, W.5M.
96069 Oct. 22 — Authorizing the installation of automatic protection at the crossing
of the C.P.R. and Cottonwood Road, in St. Boniface, Man., Mileage
3.18 Emerson Subd.
96070 Oct. 22 — Authorizing the New York Central Railroad Company to remove
the station agent at St. Davids, Ont.
96071 Oct. 22 — Authorizing the New York Central Railroad Company to remove the
station agent at Niagara-on-the-Lake, Ont.
96072 Oct. 22 — Authorizing Trans-Canada Pipe Lines Limited to open that portion
of its pipe from a point in the Twp. of Hanna to a point in the Twp.
of O'Brien, all in the District of Cochrane, Ont.
96073 Oct. 22 — Authorizing Trans-Canada Pipe Lines Limited to open for the
transportation of natural gas that portion of the pipe line of Northern
Ontario Pipe Lines Crown Corp. situated in the District of Thunder
Bay and Cochrane, Ont.
96074 Oct. 22 — Amending Order 94304 re apportionment of cost of constructing the
highway over the C.N.R. at Mileage 96.97 Nechako Subd., B.C.
96075 Oct. 22 — In the matter of the installation of automatic protection at crossing
of Pleasant Park Road and the C.N.R. at Mileage 2.14 Beachburg
Subd., and the C.P.R. at Mileage 2 Sussex St. Subd., Ottawa, Ont.
96076 Oct. 22 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 18 where it crosses the C.P.R. serving the
Manitoba and Saskatchewan Coal Company Ltd. and Western
Dominion Collieries at Bienfait, Sask.
96077 Oct. 22 — Authorizing the installation of automatic protection at the crossing
of the C.P.R. and Elizabeth Road, St. Boniface, Man., Mileage 2.34
Emerson Subd.
96078 Oct. 22 — Approving application of the Texaco Exploration Company to con-
struct a pipe line under the pipe line of the Westspur Pipe Line
Company, in the SE| 29-4-6-W2M., Sask.
96079 Oct. 22 — Authorizing the Townships of Belmont and Methuen to improve the
vision at the crossing of the C.P.R. and the highway in the Twp. of
Belmont, Mileage 2.26 Peterborough Subd., Ont.
96080 Oct. 22 — Authorizing the installation of automatic protection at the crossing
of the C.N.R. and Billings Avenue, at Mileage 2.06 Beachburg Subd..
and the C.P.R. at Mileage 2.09 Sussex Street Subd., Ottawa, Ont.
96081 Oct. 22 — Amending Order No. 93564 re apportionment of cost of diverting the
highway to the south side of the C.N.R. at Mileages 23.69 and 23.86
St. John's Subd., at Conception Bay, Nfld.
96082 Oct. 22 — Amending Order No. 95149 re apportionment of cost of constructing
the Trans-Canada Highway over the C.N.R. at Mileage 7.10 St.
John's Subd., Nfld.
96083 Oct. 22 — In the matter of tariffs filed by the C.P.R. under Section 8 of the
Maritime Freight Rates Act.
96084 Oct. 22 — Authorizing the Quebec Department of Public Works to construct
the highway over the C.P.R. at L'Annonciation, P.Q., Mileage 92.94
St. Agathe Subd.
96085 Oct. 23— Approving tariffs filed by the C.N.R. under Section 3 of the Mari-
time Freight Rates Act.
96086 Oct. 23 — Approving proposed location of facilities for the handling and storage
of flammable liquids near Mileage 155.2 Algoma Central & Hudson
Bay Railway, Ont.
96087 Oct. 23 — Approving proposed location of facilities for the handling and
storage of flammable liquids at Kelowna, B.C., Mileage 118.43
Okanagan Subd.
96088 Oct. 23 — Approving proposed location of facilities for the handling and
storage of flammable liquids at Brandon, Man.
96089 Oct. 23 — Amending Order 94576 re apportionment of cost of diverting the
highway at Mileages 65.76 and 66.0 Yarmouth Subd., Village of
Roseway, Co. Shelburne, N.S.
386
96090 Oct. 23 — In the matter of facilities of Imperial Oil Limited for the handling
and storage of flammable liquids at Abbotsford, B.C.
96091 Oct. 24— Authorizing the City of Calgary, Alta. to make alterations to the
subway at First St. S.E. and the C.P.R. at Mileage 175.7 Brooks Subd.
96092 Oct. 24 — Authorizing the Algoma Central & Hudson Bay Rly. Co., to operate
over the subway on Wellington St., Sault Ste. Marie, Ontario.
96093 Oct. 24 — Extending the time within which the Great Northern Rly. Co. is
required to install protection at the crossing of its Burrard Inlet
track and Powell St., Vancouver, B.C.
96094 Oct. 24 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Charlotte Range Road, east of station at St.
Edward, P.Q., Mileage 117.22 Drummondville Subd.
96095 Oct. 24 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Cadillac St. in Montreal East, P.Q., Mileage 7.93
Longue Pointe Subd.
96096 Oct. 24 — Authorizing the C.N.R. to discontinue as an agency their station at
Kent Junction, N.B.
96097 Oct. 24 — Approving plan submitted by the C.N.R. showing the protection as
installed at intersection of James St., John St., and their Rly.,
in Brampton, Ont., Mileage 20.80 Brampton Subd.
96098 Oct. 24 — Rescinding Order 83497 in the matter of the location of crude oil
loading facilities by Trans Empire Oils Limited, at Coleville, Sask.
96099 Oct. 24 — Approving restricted side clearances of lighting facilities of all
piggyback terminals proposed to be constructed by the C.P.R. as
shown on plans.
96100 Oct. 24 — Granting leave to Western Pipe Lines to cease operation of its
company pipe line constructed under Order No. 83618 and amending
Order No. 84023, and to sell said pipe line to Trans-Canada Pipe
Lines Limited.
96101 Oct. 27 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Highway No. 11 west of the station at Driftwood, Ont.,
Mileage 17.47 Kapuskasing Subd.
96102 Oct. 27 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Moreau Road, second public crossing east of station at
Pierreville, P.Q., Mileage 12.38 Yamaska Subd.
96103 Oct. 27 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and the highway at first public crossing east of Opasatika,
Ont., Mileage 89.42 Kapuskasing Subd.
96104 Oct. 27 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 31 where it crosses the C.N.R. at Mileage 53.44
Dodsland Subd.
96105 Oct. 27 — Approving plans submitted by the N.B. Dept. of Public Works
showing details of the overhead bridge carrying the Trans-Canada
Highway over the C.P.R. at Hartland, N.B., Mileage 64.87 Shogomoc
Subd.
96106 Oct. 27 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Leduc Blvd., Town of Montreal North, P.Q., Mileage 33
L'Assomption Subd.
96107 Oct. 28— Authorizing the Town of Fort Frances, Ont., to construct Portage
Avenue over the C.N.R. by means of a subway at Mileage 88.94 Fort
Frances Subd.
96108 Oct. 28 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Marcil Road, east of Aubrey, P.Q., Mileage 28.49
Alexandria Subd.
96109 Oct. 28 — Approving Appendix to Traffic Agreement between the Bell Tele-
phone Company of Canada and The Glengarry Telephone Company
Limited.
96110 Oct. 28— Authorizing the B.C. Dept. of Highways to construct the highway
over the Esquimalt and Nanaimo Rly. at Mileage 120.98 Victoria
Subd.
96111 Oct. 28 — Approving plan submitted by the C.N.R. showing the protection as
installed at crossing of their railway and Victoria Ave. and Park St.,
Regina, Sask., Mileage 90.9 Glenavon Subd.
387
96112 Oct. 28 — Approving application of the C.N.R. on behalf of Shell Oil Company
of Canada Ltd. for the location and storage of flammable liquids at
Rimouski, P.Q., Mileage 1.54 Rimouski Wharf Branch, Rimouski
Subd.
96113 Oct. 28 — Authorizing the C.N.R. to operate under the overhead bridge in the
Munic. of the Parish of Ste. Anne de Beaupre, Co. of Montmorency,
P.Q.
96114 Oct. 28 — Requiring the C.N.R. to install automatic protection at crossing of
the Niagara, St. Catharines & Toronto Railway and Fitch St.,
Welland, Ont., Mileage 15.77 Welland Subd.
96115 Oct. 28 — Authorizing the C.P.R. to remove the automatic interlocking and
erect stop signs at crossing of the Lake Erie and Northern Rly.
and the C.N.R. at Simcoe, Ont., Mileage 44.3 Lake Erie & Northern
Rly.
96116 Oct. 28 — Approving application of the C.P.R. on behalf of the Sturdie Propane
Limited, for approval of proposed location of facilities for handling
and storage of liquefied petroleum gas at Lethbridge, Alta.
96117 Oct. 28 — Authorizing the T.H. & B. Rly. Company to make changes to the
interlocking at crossing of its railway and the C.N.R. at Dunnville,
Ont., Mileage 14.28 Dunnville Subd.
96118 Oct. 28 — Approving application of the C.P.R. for stop signs at crossing of its
railway and the C.N.R. at Guelph, Ont.
96119 Oct. 28 — Approving application of the C.P.R. on behalf of Imperial Oil
Limited, for approval of location of facilities for the handling and
storage of flammable liquids at Herschel, Sask.
96120 Oct. 28 — Approving application of the C.P.R. on behalf of the British American
Oil Company Limited, for approval of location of facilities for the
handling and storage of flammable liquids at Lac du Bonnet, Man.
96121 Oct. 29 — Authorizing the C.N.R. to construct its railway across the highway
at Mileage 109.20 Chigoubiche Lake — Cache Lake Branch Line,
P.Q.
96122 Oct. 29 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and the third public crossing south of station at Bradford,
Ont., Mileage 39.66 Newmarket Subd.
96123 Oct. 29 — Authorizing the C.N.R. to construct an industrial track to serve the
International Minerals and Chemical Corporation in Sec. 12, Twp. 20,
Rge. 33, WPM, Sask.
96124 Oct. 29 — Authorizing the County of Simcoe to install automatic protection
at the crossing of County Road and the C.P.R. at Mileage 33.24
MacTier Subd., Ont.
96125 Oct. 29 — Authorizing the Toronto and York Roads Commission to install
automatic protection at the crossing of the highway and the C.N.R.
at Mileage 40.78 Bala Subd., and authorizing the Twp. of East
Gwillimbury to install automatic protection at crossing of Highway
No. 48 and the C.N.R. at Mileage 40.72 Bala Subd., Ont.
96126 Oct. 29— Approving tariffs filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
96127 Oct. 29 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Ellis Street in Kelowna, B.C., Mileage 118.91 Okanagan
Subd.
96128 Oct. 29 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 80.9 Cornwall Subd., Ont.
96129 Oct. 29 — Authorizing the C.N.R. to operate over the east approach to the steel
bridge over Pine River, Ont., Mileage 131.6 Fort Frances Subd.
96130 Oct. 29 — Authorizing the Sask. Department of Highways and Transportation
to construct Highway No. 18 over the C.N.R. at Mileage 83.94
Lampman Subd.
96131 Oct. 29 — Amending Order No. 93715 re apportionment of cost of constructing
the highway over the C.P.R. by means of an overhead bridge at
Mileage 89.96 Shuswap Subd., B.C.
96132 Oct. 29 — Amending Order No. 94145 re apportionment of cost of reconstructing
the bridge over the Northern Alberta Railways Company at Mileage
50.3 Grande Prairie Subd., Grande Prairie, Alta.
388
96133 Oct. 30 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Brooks Subd., Alta.
96134 Oct. 30 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Langdon Subd., Alta.
96135 Oct. 30 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Empress Subd., Sask.
96136 Oct. 30 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Bassano Subd., Alta.
96137 Oct. 30 — Authorizing the B.C. Department of Highways to construct the
highway over the Esquimalt and Nanaimo Railway at Mileage 103.22
Victoria Subd., B.C.
96138 Oct. 30 — Approving tariffs filed by the C.N.R. under Sections 3 and 8 of the
Maritime Freight Rates Act.
96139 Oct. 31 — Authorizing the N.S. Dept. of Highways to install automatic protec-
tion at crossing of the Windsor Station Road and the C.N.R. at
Mileage 1.78 Dartmouth Subd.
96140 Oct. 31— Approving tariffs filed by the C.N.R. under Section 3 of the Maritime
Freight Rates Act.
96141 Oct. 31 — Approving revised Schedules to Agreement between The Bell Tele-
phone Company of Canada and the Canadian Overseas Telecom-
munications Corporation.
96142 Oct. 31 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Point Tupper Road, Mileage 13.11 Sydney Subd., N.S.
96143 Oct. 31— Approving application of the C.N.R. on behalf of BP Canada Limited,
for approval of facilities for the handling and storage of flammable
liquids at St. Felicien, P.Q., Mileage 30.4 Roberval Subd.
96144 Oct. 31 — Approving plans submitted by the C.N.R. in connection with repairs
to the overhead bridge carrying Merritt Street over the C.N.R. at
Mileage 9.63 Grimsby Subd., Merritton, Ont.
96145 Oct. 31 — Authorizing B.C. Fruitlands Irrigation District to construct a water
main across and under the right of way and pipe line of Trans
Mountain Oil Pipe Line Company in the Kamloops Subd. of the
Yale District of B.C.
96146 Oct. 31 — Authorizing the B.C. Dept. of Highways to construct a highway
across the company pipe line of Westcoast Transmission Company
Limited, in the Caribou District of B.C.
96147 Oct. 31 — Authorizing the British Columbia Electric Company Limited to
construct a high pressure gas main across and under the pipe line
of Trans Mountain Oil Pipe Line Company at the intersection of
Duthie Ave. and Pandora St. in the Munic. of Burnaby, B.C.
96148 Oct. 31— Rescinding Order No. 83116, dated February 8, 1954, in connection
with the location of facilities of Trinidad Leaseholds (Canada)
Limited, for the handling and storage of flammable liquids at
Stratford, Ont.
96149 Oct. 31 — Rescinding Order 68955, dated May 15, 1947, in connection with
facilities of Shell Oil Company of Canada Limited, for the handling
and storage of flammable liquids at Stratford, Ontario.
96150 Oct. 31 — Authorizing the C.N.R. to remove the Agent at Fielding, Sask.
96151 Oct. 31 — Approving Regulations for the Transportation of Explosives and
Other Dangerous Articles in Rail Freight and Rail Express Service.
96152 Oct. 31 — Rescinding Order 56240, of July 30, 1938, in the matter of a plan
showing the location of facilities for the handling and storage of
flammable liquids at Lucan, Ont.
96153 Oct. 31 — Approving application of the C.P.R. on behalf of Shell Oil Company
of Canada Limited, for approval of location of facilities for the
handling and storage of flammable liquids at Owen Sound, Ont.,
Mileage 73.0 Owen Sound Subd.
96154 Oct. 31 — Authorizing the C.P.R. to remove the station building at South
Stukely, P.Q.
96155 Oct. 31 — Authorizing the C.P.R. to remove the caretaker at Lochalsh Station,
Ont.
389
96156 Oct. 31— Rescinding Orders Nos. 56584, dated October 24, 1938, and 66268,
dated July 23, 1945, re location of facilities for handling and storage
of flammable liquids at Stratford, Ontario.
96157 Nov. 3 — In the matter of tariffs filed by the Dominion Atlantic Railway
Company under Sections 3 and 8 of the Maritime Freight Rates Act.
96158 Oct. 31 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Highway No. 24, north of Glen Christie, Ont.,
Mileage 25.93 Fergus Subd.
96159 Oct. 31 — Approving application of the C.N.R. on behalf of Duperow Co-
operative Assoc. Ltd., for approval of location of facilities for the
handling and storage of flammable liquids at Duperow, Sask.,
Mileage 12.2 Dodsland Subd.
96160 Oct. 31 — Authorizing the C.N.R. to remove the caretaker at Myrtle, Man.
96161 Oct. 31 — Authorizing the C.N.R. to remove the caretaker at Silver Plains,
Man.
96162 Oct. 31 — Authorizing the C.N.R. to remove the caretaker at Bon Conseil, P.Q.
96163 Oct. 31 — Authorizing the C.P.R. to remove the caretaker at Margaret, Man.
96164 Oct. 31 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and 12th St. East, Calgary, Alta., Calgary Terminals Subd.
96165 Oct. 31— Rescinding Order No. 56052 dated June 17, 1938, which approved
location of facilities for the handling and storage of flammable
liquids at Goderich, Ont.
96166 Nov. 3 — Rescinding Order 56770 dated November 28, 1938, which approved
location of facilities for the handling and storage of flammable
liquids at Teeswater, Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1958
QTtje $oart) of
fErans^ort Commissioner* for Canaba
Judgments, Orders, Regulations and Rulings
VOL. XL VIII OTTAWA, DECEMBER 15, 1958 No. 18
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
INDEX
Page
1 . OUTLINE OF APPLICATION 392
2. MOTIONS FOR INTERVENTION _N>X^ 393
3. SUMMARY OF EVIDENCE AND SUBMISSIONS
(i) Evidence in support of the Application 396
(ii) Evidence and Submissions of Respondents and Interveners 401
(iii) Written Submissions 401
4. INCOME TAX 402
5. NET INCOME PER SHARE IN 1958 AND 1959 AND AMOUNT OF
PROPOSED INCREASE 407
6. RATE STRUCTURE 408
7. INCREASE AUTHORIZED , 411
8. ORDER NO. 95930 DATED OCTOBER 10, 1958 411
9. APPENDIX 412
In the matter of the application of The Bell Telephone Company of Canada,
dated June 25, 1958, for an Order under Section 380 and all other
relevant sections of the Railway Act, approving revisions of the Appli-
cant's tariffs for Exchange and Long Distance Services and Equipment.
Case 955.173
Heard at Ottawa September 16, 17, 18, 19, 25, 26, 29, October 1, 2 and 3.
Before:
C. D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commiss^^cr.
H. B. Chase, C.B.E., Commissioner.
391
64494-8—1
392
Appearances:
J. L. O'Brien, Q. C,
N. A. Munnoch, Q.C.,
A. S. Pattillo, Q.C.,
J. A. Nowlan, Q.C.,
E. J. COURTOIS,
and
G. F. BONNYCASTLE,
for The Bell Telephone Company
of Canada.
Lovell Carroll, Q.C., for the following Respondent Municipalities:
In Ontario: Ajax, Brantford, Burlington, Chatham, Fort Erie,
Fort Frances, Gait, Hamilton, Kingston, Leamington, Lindsay,
London, Long Branch, Merritton, Midland, Mimico, New
Toronto, Niagara Falls, Ottawa, Parry Sound, Pembroke, Port
Colborne, Port Credit, Preston, Richmond Hill, St. Thomas,
Sarnia, Sudbury, Toronto, Trenton, Waterloo, Woodstock,
York Township; In Quebec: Arvida, Bromptonville, Cap de la
Madeleine, Chicoutimi-Nord, Granby, Grand'Mere, Hull,
Joliette, Kenogami, Longueuil, Montmorency, Montreal East,
Pointe Gatineau, Quebec, Quebec West, St. Hyacinthe, St.
Jean, St. Jerome, St. Michel, Sorel, Thetford Mines, Trois-
Rivieres and Verdun.
Dawson A. McDonald, Q.C., ]
and ]> for the City of Montreal.
George Gould J
H. E. Beckett, Q.C., for the Township of Scarborough.
W. S. Rogers, for the Township of North York.
Armand Poupart, Q.C., for the City of Lachine.
Dr. Eugene Forsey, representing Canadian Labour Congress.
Appearances for Interveners:
J. J. Frawley, Q.C., for the Provinces of Alberta and Saskatchewan
and the Maritimes Transportation Commission representing
the Provinces of Nova Scotia, New Brunswick, Prince Edward
Island and Newfoundland.
D. H. Jones ]
and !> for the Province of Manitoba.
A. V. Mauro J
C. W. Brazier, Q.C., ] for the Government of the Prov-
and !> ince of British Columbia and the
D. G. Blair J Union of B.C. Municipalities.
J. D. Taggart, for the British Columbia Telephone Company.
JUDGMENT
By the Board:
1. OUTLINE OF APPLICATION
This in an application by The Bell Telephone Company of Canada (hereir
sometimes referred to as "the Applicant" or "the Company" or "Bell") for ar
Order under Section 380 and all other relevant sections of the Railway Ad
393
approving revisions of the Applicant's tariffs of rates for exchange and long
distance services and equipment, as set forth in Schedule 1 of the application
dated June 25, 1958, as amended on September 16, 1958.
The application recites that the present general level of Bell rates was
established by Board Order No. 78314, dated February 19, 1952.
The bases for requesting increased rates at this time are increased wages
which became effective in May and June 1958, coupled with a decision taken
by the Applicant "that the amounts shown as deductions in respect of
depreciable property in Applicant's books for the year 1958 shall be claimed as|
deductions of capital cost allowances for income tax purposes".
For the purpose of this case and specifically reserving its rights to claim in
the future such further relief as the Applicant may deem advisable, the
Applicant accepted this Board's findings in its Judgment of January 10, 1958,
respecting debt ratio and permissive level of earnings per share.
2. MOTIONS FOR INTERVENTION
On the first day of the hearings of this case, argument was heard on the
following two motions for intervention:
"Take notice that an application will be made before the Board of
Transport Commissioners for Canada on Tuesday, September 16, 1958, at
10 o'clock in the forenoon or so soon thereafter as the application can be
heard for an order granting leave to the Provinces of British Columbia,
Alberta, Saskatchewan, Manitoba and the Maritimes Transportation Com-
mission representing the Provinces of Nova Scotia, New Brunswick, Prince
Edward Island and Newfoundland to intervene in these proceedings, to
appear by counsel to adduce evidence and submit argument, the said
intervention to be limited to the questions of depreciation and income tax.
The grounds of the said application are as follows:
(1) By Order in Council numbered P.C. 1958-601, the Governor General
in Council rescinded the order of the Board of Transport Commissioners
numbered 93265, dated 27th December, 1957, authorizing certain
increases in railway freight rates and by his said order the Governor
General in Council directed the said Board that as a principle of rate
making policy credits to tax equalization reserves shall not be regarded
as necessary expenses or requirements in determining rates.
(2) By Order in Council numbered P.C. 1958-602 the Governor General
in Council rescinded the order of the Board of Transport Commissioners
numbered 93401, dated 10th January, 1958, approving revisions of the
tariffs of the Bell Telephone Company of Canada for exchange and long
distance services and equipment and by his said order the Governor
General in Council directed the said Board that as a principle of rate
making policy credits to tax equalization reserves shall not be regarded
as necessary expenses or requirements in determining rates and
charges.
(3) In the instant proceedings the said Bell Telephone Company of Canada
is proposing a course of action with respect to depreciation and income
tax which in the submission, of these applicants constitutes a violation
of the said Privy Council Order P.C. 1958-602.
(4) These applicants have reason to believe that the Railway Association
of Canada will shortly make application to the Board for further
increases in freight rates and these applicants are fearful that by its
said application or the evidence led in support thereof the said Railway
394
Association will seek to have the Board approve as a rate making
principle the charging as an expense in determining freight rates
income tax calculated by the use of recorded depreciation and without
using Capital Cost Allowances permitted to tax payers by the Income
Tax Act and the regulations made thereunder.
(5) These applicants are apprehensive that whether or not the Railway
Association of Canada will seek the approval by the Board of the
procedure referred to in the next preceding paragraph in the applica-
tion which the said Railway Association proposed to institute in the
immediate future the said Railway Association will resort to such
depreciation and tax procedure and seek the approval of the Board
therefor in any future applications which it may make to the Boarc
for freight rate increases.
(6) These applicants have reason to fear that a decision of the Board li-
the instant proceedings favourable to the contentions advanced in th<
application by the Bell Telephone Company of Canada, dated June 25
1958, will constitute a precedent in any future application for f reign
rate increases and will be distinctly prejudicial to the interests of thes<
applicants.
In support of the said application will be read the decision and Orde
No. 93265 of the Board of Transport Commissioners dated December 21
1957; Order of the Privy Council No. 1958-601, dated 29th April, 1958
the decision and Order No. 93401 of the said Board dated 10th January
1958; Order of the Privy Council No. 1958-602 dated 29th April, 195£
and such other material as counsel may advise.
Dated at the City of Ottawa, in the Province of Ontario, this 8th da
of September, 1958.
The Provinces of British Columbia, Alberta, Saskatchewan, Manitob
and the Maritimes Transportation Commission representing the Province
of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundlam
By their Counsel herein
(Signed) J. J. Frawley,
140 Wellington St.,
Ottawa 4, Ont."
"NOTICE OF INTERVENTION
Take notice that an application will be made to the Board of Transpo
Commissioners for Canada on Tuesday, the 16th day of September, 195
at the hour of ten o'clock in the forenoon or so soon thereafter as couns
may be heard for an order granting leave to the Government of tl
Province of British Columbia and the Union of British Columbia Munic
palities to intervene in these proceedings, to appear by counsel, to addu
evidence and submit argument on issues relating to depreciation and incor
tax and such other matters as the Board may direct or allow.
And take notice further that, among other reasons, in support of ti
said application for leave to intervene, the applicants will submit:
1. That in the reasons for judgment, dated the 18th day of July, 19f
relating to Order No. 94937 of the same date, in the matter of certa
395
application of British Columbia Telephone Company, the Board of Trans-
port Commissioners stated with reference to certain questions of deprecia-
tion and income tax:
'Since the conclusion of the hearings of this case in Vancouver on
June 6, the Bell Telephone Company of Canada has filed an application
dated June 25 requesting increases in its tariffs. At least one of the
alternatives on which the Applicant has requested directions will be
in issue in the Bell case now pending. Because of the importance of
these points the Board wishes to have the benefit of the evidence in
the Bell case before deciding what directions, if any, to give to the
Applicant.'
2. That the applicants were the principal respondents in the matter
of the said application of British Columbia Telephone Company and that
it appears just and expedient and within the contemplation of the Board
that the applicants be granted leave to intervene in these proceedings.
Dated at the city of Ottawa, in the Province of Ontario, this 8th day
of September, 1958.
HERRIDGE, TOLMIE, GRAY, COYNE & BLAIR
Per: (Signed) D. G. Blair
Agents at Ottawa for C. W. Brazier, Q.C., Solicitor
for the Government of the Province of British
Columbia and Union of British Columbia
Municipalities."
The Canadian National Railways and the Canadian Pacific Railway Com-
pany did not appear on the motions but filed the following written answer:
' 'Answer of Canadian Pacific Railway Company and
Canadian National Railways
Canadian Pacific Railway Company and Canadian National Railways
submit that the said Application for leave to intervene should be refused
on the following grounds:
(1) Applicants do not allege that they have, nor do they in fact have, a
direct interest in the proceedings in which intervention is sought.
Such an interest is an essential requirement.
(2) Questions of depreciation and income tax to which the proposed inter-
vention is directed involve factual questions. Facts pertinent to
railway depreciation and income tax, in which Applicants state they
have an interest are not before the Board at this time and will not
form part of the record in the instant case. When the railways have
an application for increased freight rates before the Board for
adjudication, requiring determination of questions of depreciation
and income tax which affect railway users, the railways will, as the
Board would require, introduce evidence to deal with these questions.
Dated at the City of Montreal, in the Province of Quebec, this 12th day
of September, 1958.
(Signed) H. C. FRIEL
IAN D. SINCLAIR
of Counsel for the Railways".
64494-8—2
396
The British Columbia Telephone Company was represented by Counsel
on the argument on the motions.
The motions were disposed by the following ruling of the Board:
"The Board has now considered the two motions made this morning
for intervention in this case. All Applicants for intervention agree that
their interest in the Bell case is limited to the single point of the treat-
ment to be afforded to the expense items of depreciation and income tax.
The Board recognizes that there is a principle involved in this case
on this one question which may well be of substantial importance to those
applying to intervene.
In all arguments on the motion, it was agreed that the Board has a
discretion to grant or refuse the motions, that the discretion must be
judicially exercised, and that to grant the motion the Board must be
persuaded that there is a strong case for intervention on the limited
basis applied for. Those supporting the motions contended that the
interests of justice demand that the motions be granted.
The Board considers that the question of principle pertaining to the
treatment of depreciation and income tax as an expense is of substantial
public interest and may directly affect the interests of the interveners
and has therefore concluded, and so rules, that the motions should be
granted on the following limited basis:
1 . The Interveners will not be permitted to cross-examine except on
matters relating to the principle in issue.
2. The Interveners will be restricted to one Counsel cross-examining
any one witness on the principle in issue.
3 . The Board will, if necessary, rule later in the proceedings as to any
restrictions concerning time for Interveners' witnesses or argument
on behalf of Interveners.
In the light of this ruling, the Board invites all parties, including
the Interveners, to co-operate as fully as possible in the interest of expedi-
tion on this hearing. This comment is made because of serious commitments
as to time which are facing the Board on its fall docket of cases."
Neither the railways nor the British Columbia Telephone Company took
part in the proceedings following this ruling.
3. SUMMARY OF EVIDENCE AND SUBMISSIONS
(i) Evidence in support of the Application
While it has often been stated that this Board does not have economic
planning functions, the Board in discharging its duty to fix just and reasonable
rates for any company coming under its jurisdiction must, of necessity, consider
the over-all result of granting or denying any company's request for financial
relief. It is therefore considered appropriate to record certain facts stated in
evidence by Mr. T. W. Eadie, President and Chairman of the Board of Bell,
to indicate the scope of the Company's operations and the importance of
preserving its ability to finance its capital expansion programme. The portion
of Mr. Eadie's evidence which gave a general description of the Company's
operations was not disputed at the hearing.
Mr. Eadie stated that, over the years, Bell has made a significant contribu-
tion to the growth of the Canadian economy, that it is an integral part of the
397
national defence system, both civil and military, and its importance in the daily
life of the people it serves is generally accepted. He pointed out that the
telephones in service had increased from 2,000,000 in 1952 to more than
3,000,000 now and that this number is increasing at a rate approaching 200,000
per year; further, almost 20,000,000 local calls and 355,000 long distance
messages are handled daily.
The Company employs about 41,000 people, with an annual payroll of
$157,000,000: it pays out to others, for materials, supplies and services, upwards
of $200,000,000 yearly.
The Company has 157,000 shareholders and, by this measure, is the twelfth
largest corporation in North America. Of these shareholders, 98% live in
Canada and hold 92% of the outstanding stock. The Company issued more
than one fifth of all the common stock issues in Canada since 1945 and this
stock was almost entirely subscribed for by residents of Canada. There are
nearly $400,000,000 of the Company's bonds outstanding and the holders of
most of these bonds are institutions which are entrusted with the savings of
thousands of individuals.
In the post-war period, the Company's construction expenditures have
totalled well over $1,000,000,000 and, in the four years 1955 to 1958, these out-
lays will amount to $625,000,000, a sum almost equal to the estimated cost of
the entire Canadian share of the St. Lawrence Seaway. Construction expendi-
tures totalling over $370,000,000 for the two years 1958-59 require that Bell
obtain from investors approximately $240,000,000, of which $50,000,000 was
received from a bond issue in the United States in the first part of 1958. This
leaves over $180,000,000 to be raised between now and the end of 1959.
Mr. Eadie's introductory evidence concludes with the following comment:
"These things have been accomplished without any general increase in
telephone rates since March 1952. Surely, by holding the line against rate
increases for six years, the Company has made an important contribution
towards price stabilization."
1959 Estimates
The Company's estimates of revenues and expenses for 1959 are computed
upon the rates currently in effect and take into account every reasonable
expectation of increases in revenues over present levels. They assume an
upturn in general business conditions and higher levels of demand for telephone
services than have been experienced in 1957 and 1958 to date.
It is estimated that the average number of telephones in service during
1959 will be 3,242,000; the year-end figure is estimated as $3,338,700. Held
orders for main telephones have now been reduced to 9,400 and it is anticipated
that this will decline to a relatively insignificant figure by the end of 1959.
Held requests for a higher grade of service amount to 12,000 at the present
time but it is estimated that there will be practically no unfilled requests by
the end of 1959.
Maintenance expense per telephone is rising because of the greater
complexity of the telephone plant, the increasing amount of plant per telephone,
and increases in wages. The average plant in service in 1959 is estimated at
$439 per telephone. Depreciation expense per telephone is estimated to increase
at the rate of approximately $1.00 per year from 1957 to 1959 as a result of
increased plant investment.
The Company stated that in estimating total operating expenses for 1959
full effect has been given to all savings that can be made by economies,
64494-8— 2£
398
increased efficiency and new techniques. Employee expense per telephone
for 1959 is estimated at $42.44 or 3 cents higher than in 1957. The average
increase in employee expense per telephone from 1952 to 1957 was 58 cents per
year and the much smaller increase in this item of expense since 1957 is due to
an accelerated improvement in productivity brought about by new tools and
methods and by mechanization. Had it not been for increases in wage rates
over the level existing at the end of 1957, employee expense per telephone
for 1959 would have shown a reduction from 1957 of $2.20, and this illustrates
how economies resulting from new techniques, mechanization and a more
efficient labour force are more than offset by higher labour costs.
Board Tables 1, 2 and 3 which follow hereunder have been prepared
by the Board's staff from Exhibits filed by the Company during the course of
the hearing. These Board Tables summarize the estimated changes from
1957 to 1959 in operating revenues, operating expenses and income:
399
o CO
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o t> CO
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401
(ii) Evidence and Submissions of Respondents and Interveners:
The Interveners in this case limited their evidence and cross-examination
to the principle pertaining to the treatment of depreciation and income tax
as an expense in accordance with our ruling. Counsel for the Respondents,
prior to calling witnesses, indicated their intention not to offer evidence on
anything other than the question of the tax situation. This evidence is dealt
with later herein.
A statement was submitted on behalf of the Canadian Labour Congress
opposing any rate increases at this time; references were made to the
desirability of a higher debt ratio for Bell and a higher pay-out ratio on
Northern Electric common stock.
Counsel for the City of Lachine referred to the City's submissions already
filed, and stressed the partnership of Bell and its subscribers. He urged that
the Company should be directed to permit the benefit of any tax reduction to
flow through to the users of the telephone service. The written submissions
of the City of Lachine dealt with "deferred tax accounting", and also with the
matter of Montreal extended area service which has no relevance in the
present application. It may here be noted that no submissions in connection
with that matter were received from the City of Lachine prior to its disposal
under Judgment of July 11, 1958 (48 J.O.R. & R. Issue No. 13, of October 1,
1958).
Several witnesses referred to the permissive level of earnings and the
amount of surplus. Evidence was also presented in respect to the pension
plan of the Company and questions were raised in respect to effecting economies
and increased productivity.
We have reviewed the findings in our Judgment of January 10, 1958, ini
respect to debt ratio, Northern Electric Company Limited, pension plan, surplus
and permissive earnings per share, and we hereby confirm those findings for!
purposes of this Judgment. We have previously referred to evidence of)
savings and decreasing cost per telephone which are more than offset by higher
wage rates; these are factors in the Company estimates of net income which
are dealt with later herein.
(Hi) Written Submissions:
The Board has received a small number of written submissions from parties
who did not appear at the hearings to present evidence and submit to cross-
examination thereon, the majority of which express general opposition to
increases in telephone rates without giving reasons. The other submissions
in opposition to the Company's application may be summarized as follows:
rates should not be increased to provide for further capital expenditures; cost
of living would be increased; a serious unemployment problem exists and costs
should be curbed; present tolls are reasonable in view of customers' purchasing
power; increases would be inflationary; telephones are chiefly a home con-
venience and an increase would discourage expansion of residential areas;
Company has substantial profits; free telephones for employees and purchase
of stock by employees at less than market value reduce profits; and increases
are unwarranted since regrouping has recently taken place.
Five submissions base their opposition on the quality of service provided
by the Company; three refer to Overloaded multi-party lines, one requests the
establishment of extended area service and one seeks dial service. All these
submissions have been drawn to the attention of the Company who will no
doubt take whatever steps may be possible to provide a remedy.
The submissions of the Board of Trade of the City of Toronto support the
Company's application in principle and state that it does not wish to see
402
deficiencies in telephone service recur nor a slowing down of the Company's
construction programme to a point where the Company would be unable to
meet demands for new service. The Municipal Council of the Town of Arnprior
states that it has had its own experience in rising material and labour costs
and, consequently, is sympathetic to the problem of the Company; it petitions
the Board "to give due weight to the problem of unemployment which might
develop as a result of a reduced capital expansion programme on the part of
The Bell Telephone Company".
4. INCOME TAX
The Company's policy in respect to income tax was one of the main points
in issue in the hearings at Ottawa in November and December 1957, and in
the present case it was the most important issue. Although the particular
question in the 1957 case, "deferred tax accounting", was fully discussed in the
Board's Judgment of January 10, 1958, broader issues are involved in the
present case and it would appear desirable to summarize certain changes that
have taken place in income tax legislation in recent years and the Company's
policy during that time.
For many years prior to 1949, Canadian corporations were permitted to
claim depreciation for income tax purposes calculated on the "straight line"
principle. In 1949 a new Canadian Income Tax Act and Regulations came into
effect, under which the amount of "capital cost allowance" that might be claimed
for income tax purposes was computed on what is known as the "diminishing
value" basis. In general the amount of capital cost allowance that could be
claimed in any year was limited to the amount of depreciation actually charged
in a company's books during that year. Subject to this limitation, however, the
amounts that could be claimed in the early years following the acquisition
of an asset were often approximately double those which would have been
allowed on the straight line basis, with correspondingly lower amounts in the
later years. Effective January 1, 1954, the Income Tax Regulations were again
changed, and since that date it has been possible to claim capital cost allowance
for income tax purposes without regard to the amounts charged as depreciation
in a company's own records.
In spite of the opportunities for immediate reductions in tax available
under the new Act which came into effect in 1949, many large corporations
appeared to feel that the advantages of any immediate tax saving were more
than offset by the disadvantages of recording in their books depreciation
which, in the light of their previous adherence to straight line methods,
appeared excessive. Under the change in legislation which became effective
in 1954, however, it became possible for a company to maintain its former
accounting procedures and policies while concurrently paying a lesser amount
of income tax. The immediate reduction in tax is generally regarded as an
interest-free loan the value of which, to a considerable extent, depends on the
individual company's need at the time for additional funds. The Income Tax
Regulations presently in effect offer a wide choice as to when capital cost
allowance may be claimed and it falls to management to determine, within
the limits prescribed by the Income Tax Regulations, what policy may be best
for the company and how much should be claimed in any particular year.
Prior to 1949 the Bell Telephone Company of Canada claimed for income
tax purposes, insofar as it was permitted to do so, the same amounts of
depreciation as were charged in its own records. No change in this policy
was made following the passing of the new Income Tax Act and Regulations
which became effective in 1949, but commencing January 1, 1954, faced with
the necessity of raising very large amounts of additional capital in order to
carry out its expansion programme, the management of the Company decided
403
to claim the maximum amount of capital cost allowance for income tax
purposes. In accordance with the recommendation of Bulletin 10 of the
Canadian Institute of Chartered Accountants the amount of the immediate
tax reduction was concurrently credited to a deferred credit — income tax
account.
The main reason for this decision was to obtain the use of the resultant
interest-free funds, but Order in Council P.C. 1958-602, which disallowed for
rate making purposes amounts credited to the deferred credit account, made it
necessary for the management of the Company once again to review the
situation in order to determine whether the policy adopted in 1954 was, in
the light of these developments, in the best interests of the Company, its share-
holders and the subscribers.
The three courses open to Bell were: first, to continue claiming maximum
capital cost allowance for income tax purposes and charging a lesser amount
as depreciation in the Company's books; secondly, to continue claiming maxi-
mum capital cost allowance for income tax purposes, but charging the same
amount in the Company's books as depreciation; and thirdly, to revert to the
earlier practice, which had been followed to the end of 1953, whereby only
the amount charged as depreciation in the Company's books was claimed for
income tax purposes. The management decided on the third course of action
for what appeared to them to be good and sufficient reasons. The Respondents
and the Interveners, however, contended that the first course mentioned should
have been followed. These different viewpoints are dealt with in detail later
in this Judgment, but before discussing them it would seem appropriate to
consider whether acceptance for rate making purposes of such a change in
procedure would conflict with the instructions given to the Board in Order
in Council P.C. 1958-602.
The Order in Council in question was issued on April 29, 1958, following
an appeal against the Board's Order No. 93401 of January 10, 1958, which had
authorized the Company to make upward revisions of certain tariffs for
exchange and long distance services. The Order in Council directed the Board
that: ". . . . as a principle of rate making policy, credits to tax equalization
reserves shall not be regarded as necessary expenses or requirements in
determining rates and charges."
Counsel for Bell in the present case expressed the view that how and when
capital cost allowance should be claimed was a matter that could be decided
only after full consideration of all the relevant facts in a particular case,
and that Order in Council P.C. 1958-602 did not apply, and was not intended to
apply, except where a deferred credit or similar account was being used.
It was the contention of Respondents and of the Interveners that, where
there was a reduction in income tax as a result of the amount of capital cost
allowance claimed for income tax purposes being greater than the amount of
depreciation charged in the Company's own books, Order in Council P.C.
1958-602 had ruled that no deferred liability existed. A decision to pay more
tax than it was immediately required to do indicated that Bell had refused to
accept this ruling. In considering the appeal against the Board's previous
Judgment, the Governor in Council had been made aware of the other
alternatives open to the Company and, in ruling against the use of a deferred
credit account for rate making purposes, it had obviously been the intention
that, although they were not specifically mentioned in the Order, the other
alternatives should be similarly disallowed. It was stated that the present
application did not represent a new case but that it was identical to the case
which had been successfully appealed to the Governor in Council. It was
the duty of management to pay the smallest amount of income tax possible
64494-8—3
404
and the intent of the Order in Council had been that the immediate benefit
of any reduction in income taxes should go to the present subscribers through
the rate structure.
The Board believes that it neither should, nor could, go behind the wording
of the Order in Council and attempt to read into it a prohibition against the
use by Bell of a practice which is clearly authorized by income tax legislation.
After due consideration, therefore, the Board decided that it is not required by
Order in Council P.C. 1958-602 to eliminate from expenses for rate making
purposes income tax actually payable at this time in accordance with a
decision of the Company's management.
Mr. Eadie indicated that the three courses open to the Company, and
referred to earlier in this Judgment, had been carefully considered. -
The first course, that of claiming maximum capital cost allowance for
income tax purposes but charging a lesser amount as depreciation in the
Company's books, had been rejected because it would have represented a
departure from Bell's basic concept of charging straight line depreciation as a
proper cost in rendering the service which uses up the asset. Unless the
difference in taxes is credited to a deferred credit — income tax account, profits
would be overstated in Bell's published financial statements, and future sub-
scribers would have to meet additional costs which should be borne by the
present subscribers.
Concern was expressed as to whether, if steps were not taken at this time
to recover from current subscribers amounts which were considered to be
current costs, these amounts could, in fact, ever be recovered. No assurance
could be obtained that at some future date the Company would be permitted
to increase its rates to cover costs which were no longer current but which
related to earlier years and, even if authority to increase the rates were
obtained, circumstances at that time might make it impossible for the Company
to collect the necessary revenue from the higher rates authorized.
The second course, that of continuing to claim maximum capital cost
allowance for income tax purposes and charging the same amount in the
Company's books as depreciation, had been rejected on the basis that it
would have necessitated substantially higher rates than those asked for in the
present application, thereby improperly increasing the cost for the present
subscribers in order to produce lower rates for future subscribers. It would
also have meant a departure from depreciation practices that had been followed
by the Company for many years.
It was the view of the President, and of his advisers, that Bell had no
alternative but to adopt the third course, which was to claim as capital cost
allowance for income tax purposes only the amounts charged as depreciation on
the Company's books.
In support of this decision it was contended by witnesses that there should
be a "synchronization" of depreciation charged in the Company's books with
capital cost allowance claimed for income tax purposes. It is generally admitted
that the cost of an asset should be recovered in a systematic and rational
manner through depreciation charges over the life of the asset. In this way
the expense can be directly related to the revenue which the asset helps to
produce. It was argued that, in the same way, it would be improper for the
Company's revenues to receive the benefit of the lower income taxes immedi-
ately payable as a result of claiming larger amounts of capital cost allowance,
unless the related loss in value of the asset is taken into account at the same
time. Witnesses for the Company contended that to take larger amounts of
capital cost allowance in the earlier years, without being permitted through
the rate structure to recover a corresponding amount from the subscribers,
favoured the current subscribers at the expense of future subscribers.
405
Reference has already been made to the very large sums which Bell needs
to raise during 1958 and 1959 to meet the cost of expanding facilities. Failure
to raise these funds would, in the words of the President of the Company,
necessitate "a drastic revision of plans", and "a precipitous change in the rate
of spending". To finance this expansion the Company must be in a position
to raise these amounts of capital at a reasonable cost. Bell has a long history
of successful financing both in bonds and in common stock, but in financing of
this magnitude "institutional investors" are of great importance. Included in
this category are insurance companies, pension funds and investment trusts,
and it was stated in evidence that at December 31, 1957, 59.5 per cent of Bell's
first mortgage bonds were held by 16 of the leading life insurance companies.
It was held to be a reasonable assumption that the attitude of the institutional
investors towards any of the Company's security issues would have its effect
on smaller investors, so that it was almost essential for the success of an issue
of the Company's securities that it should be generally acceptable to the
institutional investors.
Mr. E. R. Alexander, Vice-President, Finance, of the Sun Life Assurance
Company of Canada stated in his evidence that new issues of Bell must be
competitive not only with other new issues but also with securities already
available on the market. Institutional investors who had, in the past, been
heavy buyers of Bell's bonds would not be deflected from their appraisal
standards by the directive contained in Order in Council P.C. 1958-602. In
comparing Bell's securities with others an adjustment would, therefore, be
made for any reduction in income tax resulting from claiming a larger amount
as capital cost allowance for income tax purposes than was charged as
depreciation in the Company's accounts. Insofar as the Sun Life Assurance
Company of Canada was concerned, it would restate Bell's earnings so as to
give effect to the deferred tax and this would make the securities correspond-
ingly less attractive since, on this basis, the current $2 dividend on the common
stock would not be earned. The witness also mentioned Bell's earned surplus
which, in his opinion, was "perilously small" at the end of 1957. As confidence
waned the cost of financing would increase sharply and Bell would find it
increasingly difficult, and perhaps impossible, to raise the required funds
through the issue of bonds or the sale of common stock.
The Respondents and the Interveners considered that Bell was improvident
if it did not take advantage of any available tax reduction, and that the
Company should make no change, in its policy of claiming maximum capital
cost allowance and charging depreciation in its own records on the same basis
as in the past. Having made such a change, however, it was the Board's
duty to disallow the additional income tax paid for rate making purposes. Since
there was no deferred liability arising from the immediate reduction in tax
there could be no expense to take into account at the present time, and it was
therefore neither necessary nor desirable to match or synchronize depreciation
and capital cost allowance. If, in fact, there was some slight possibility of the
tax reduction not being permanent, this could be taken care of by a relatively
minor increase in the permissive level of earnings, say $2.50 instead of the
present $2.43 per share.
Serious doubt was expressed by the Respondents and Interveners on the
correctness of Bell's conclusions as to possible difficulties in marketing its
securities, and the suggestion was made that it would be better to wait until
there was proof that these difficulties were real before accepting the advice
of the institutional investors. Even though the cost of financing might be
greater if the rating of the securities declined, a small increase in the interest
rate would be preferable to what Bell now proposed.
64494-8— 3£
406
One witness suggested that the remedy lay in a cutback of the proposed
capital expansion, but did not indicate how this could provide more than
purely temporary assistance to the Company's finances.
A suggestion was also made by a witness for the Respondents that when
Order in Council P.C. 1958-602 prohibited the Board from taking into account
for rate making purposes amounts credited to a deferred credit-income tax
account this direction was intended to be of retroactive effect. On this basis
the accumulation in the account might be considered as an addition to earned
surplus.
The difference of opinion between Bell on the one hand, and the
Respondents and the Interveners on the other, as to the necessity of matching
or synchronizing depreciation with capital cost allowance appears to stem
largely from their differing concepts of whether there is an actual loss in value
through the using up of capital cost allowance. Income tax is a matter of the
utmost importance to a company which, like the Bell Telephone Company of
Canada, has very large amounts invested in capital assets that are subject to a
relatively high rate of depreciation. Asset values which can no longer be used
in arriving at the amount which is deductible as capital cost allowance for
income tax purposes are clearly worth less than similar asset values which
have retained their usefulness in this connection. In spite of the latitude given
to a taxpayer under the present regulations as to when capital cost allowance
may be claimed, the total claim cannot exceed 100 per cent. In assessing the
desirability of matching or synchronizing depreciation and capital cost allow-
ance, the Board believes that consideration must be given to the fact that a
real loss in value takes place as capital cost allowance is used up.
In considering the contention of the Respondents and the Interveners that
Bell should have continued to follow the same method of claiming capital cost
allowance as in the years 1954 to 1957, note should be taken of a basic difference
between regulated and non-regulated companies. When a non-regulated com-
pany chooses to adopt the alternative mentioned in Bulletin 10 of the Canadian
Institute of Chartered Accountants, under which an explanatory footnote on
the balance sheet may be used instead of the deferred tax accounting pro-
cedure, the immediate reduction in tax would normally be shown as an addition
to the company's earnings, since selling prices need not necessarily be affected.
In the case of a regulated company, however, if stated earnings are considered
to be the true earnings, regulation of the rates would in the ordinary course
prevent the company from receiving any direct benefit from the reduction
in taxes.
It was also stated in evidence, and this was not contradicted, that all
subsidiaries of the American Telephone and Telegraph Company, and of the
General Telephone Company, in the United States, now follow the same pro-
cedure as that adopted by the Applicant in respect to the year 1958. It was
/ further stated, and this too was undisputed, that no United States regulatory
commission had forced a company to take accelerated depreciation for tax
| purposes, and a similar situation exists in Canada.
There is no doubt that before reaching their decision to alter the basis
on which income tax is paid, the Company's management gave the most
careful consideration to the risks involved, and that they acted on the advice
of financial and accounting advisers, as well as investment analysts and institu-
tional investors. Mr. Eadie stated in his evidence that these were unanimous
in their agreement with the Company's change in policy. In the Board's
view, having in mind the provisions of the Income Tax Act and Regulations,
determination of the amount claimed as capital cost allowance for income tax
purposes is basically a function of management. This does not mean that the
Board is precluded from looking into the propriety of any of management's
407
decisions, and indeed it has a duty to carefully review all matters which may
have a bearing on rate making. In this case, however, all possible implications
appear to have been carefully weighed and it is clear that a course involving
the payment of substantial amounts of income tax which could legally have been
deferred, would not have been adopted unless the reasons for such action had
been of a most compelling nature. In the circumstances, the Board does not
believe that the views of the Company's management in this connection, sup-
ported by the testimony of highly qualified witnesses, should be ignored.
Bell's ability to finance is a matter of vital importance to the subscribers
as well as to the Company. An investor does not have to be concerned with
the rights or wrongs of deferred tax accounting. If the financial position of
two companies is identical except that one has provided for deferred taxes
while the other has not, the securities of the former will be more attractive to
investors than those of the latter. Bell's securities must compete with those
of many companies which follow deferred tax accounting procedures, including
regulated companies not under the Board's jurisdiction, and witnesses indicated
that, if the Company's future expansion was to be financed by public issues of
securities, the change in the method of paying income tax was, in fact,
necessary.
After a full review of the matter the Board decided that there were no t
grounds on which it should interfere with the method adopted whereby the
amount claimed as capital cost allowance for income tax purposes was limited
to the amount charged as depreciation in the Company's own books. In view
of Bell's present financing needs the decision of management in this respect
seems fully justified.
5. NET INCOME PER SHARE IN 1958 AND 1959 AND AMOUNT OF
PROPOSED INCREASE
The Company submitted estimates of revenues, expenses, taxes, other
income and fixed charges for the years 1958 and 1959. These estimates as
filed in Exhibits 58-11 and 58-12 showed net income per share at existing rates
without adjustment and after adjustment for a 40 per cent debt ratio and higher
wage rates. Revised estimates for 1958 were submitted during the hearing:
Estimated Net Income Per Share
(at existing rates)
Per Exhibits Revised
$ $
[1 1958 without adjustment 1.99 2.06
e 1958 adjusted for 40 per cent debt ratio and revised
i. wage rates for 12 months 1.98 2.01
1959 without adjustment 1.90
1959 adjusted for 40 per cent debt ratio 1.90
Nov. 1, 1958 to Oct. 31, 1959 adjusted for 40 per cent
debt ratio 1.93
In referring to Exhibit 58-12 and estimates for the year 1959 Mr. Eadie
stated:
"They show that both before and after adjustment for a 40 per cent
debt ratio, earnings for 1959 will be $1.90 per share or 10 cents short of
even our present dividend requirement. These estimates reflect our most
optimistic views of revenue gains and improvements in productivity. This
Exhibit 58-12 also shows our estimates for a 12-month period, November 1,
1958, the date from which new rates might reasonably become effective,
to October 31, 1959, again adjusted for a 40 per cent debt ratio. In this
period our earnings are estimated to be $1.93 per share."
408
In speaking of the return expected from the proposed rates Mr. Eadie
stated:
"The schedule of rates which we have filed will be insufficient to
produce in 1959 the permissive level of earnings authorized by the Board
in its Judgment of January last, nor would it do so in the earliest 12-month
period during which period rates would reasonably be assumed to be
effective. However, because of the urgency of attaining improved earn-
ings and to avoid any cause for delay, no amendment has been made to
the tariffs for which approval is sought. This urgency is dictated by the
financing plans which must be carried on currently over a period of months
if we are to avoid a cutback in construction."
The rates proposed by the Company are estimated to increase operating
revenues for the year 1959 by $17,150,000 as shown in Appendix II to Exhibit
58-2; after allowance for taxes and service contract, net income for the year
1959 would be increased by 42 cents per share. This increase combined with
the estimated 1959 net income of $1.90 per share under present rates would
result in 1959 net income of $2.32 per share under proposed rates, or 11 cents
below the permissive level of $2.43 per share authorized in our last Judgment.
Further, the proposed rates, if effective November 1, 1958, would result in net
income of less than $2.43 per share either for the calendar year 1958 or for the
12-month period November 1, 1958 to October 31, 1959.
In our last Judgment we disallowed as an expense item the amount
included by the Company for possible increased wage rates, and we said at
that time:
"It is noted that during the 6-year period 1952 through 1957 the
Company not only maintained an average earning of $2.42 per share
(Exhibit No. 57-18) on an increasing number of shares outstanding but
also absorbed the cost of successive increases in wage rates in each of those
years. The Board does not consider it proper to allow as an expense
item for rate making purposes a sum for increased wage rates, which will
be the subject of future collective bargaining and which may not, in fact,
become payable, and which, if it does become payable, may be offset,
as in the past, by economies, increased efficiency or increased revenues."
While we do not question the Company's wisdom in making provision in
their estimates for increased wage rates in line with forecast trends, we do
not consider it proper for rate making purposes to recognize wage rate increases
which have not been requested or offered and which are not in fact a matter
at issue between employer and employees at the time of our Judgment. We
have, however, determined that the allowance in respect to the upward trend
of wages as reflected in the last four months of the 1959 estimates is less than
11 cents per share difference between the Company estimate of 1959 net income
under proposed rates and the permissive level of $2.43 per share authorized in
our last Judgment.
Subject to the foregoing allowance we accept the Company's, estimates
of net income for purposes of this Judgment, and find that the amount of the
proposed increase is reasonable; but its application to the rate structure
requires adjustment as noted hereunder.
6. RATE STRUCTURE
No submissions of any kind were made at the hearing with respect to the
revised rate structure proposed by the Company. As stated earlier in this
Judgment, the proposed increases in rates and charges are estimated to increase
operating revenues in 1959 by $17,150,000, or by approximately 4.85 per cent.
409
Bell's evidence as to the revenue effect of the proposed rate increases has been
carefully reviewed and, with some minor changes which will be referred to
later, we are satisfied that it is in order.
With the following brief review of the individual type of services,
which is only to focus attention upon the major changes, we are of the opinion
that the rates, charges, and groupings are reasonable and they are hereby
approved.
Exchange Rate Groups: Until 1950 the residence exchange rates for Groups
1 and 2 were identical, although business exchange rates applicable to Group 2
exchanges were somewhat higher than the corresponding rates for Group 1.
It is now proposed to consolidate Groups 1 and 2 into a single group having a
range of total telephone count of 1 to 1,000 telephones and to apply a single
set of exchange rates thereto.
For convenience, Appendix "A" to the Order accompanying this Judgment
lists the Company's exchanges in alphabetical order with their current group
numbers and shows identical rates for both Group 1 and Group 2 exchanges.
Revisions to tariffs to implement our Order may revise the numbering of the
rate groups to reflect the consolidation.
Service System Service: The switching rates for service system service
are related to the rate group of the exchange with which the system is connected.
As a result of the consolidation of Group 1 and Group 2, the monthly rates
for those systems now in Group 1 will be increased by 5 cents per telephone.
Rates for Local Exchange Service: The rates proposed by the Company
for local exchange services have been examined and certain moderate adjust-
ments have been made in those for business and residence one-party line
service, as well as in some related business trunk-line rates. It is considered
that the revised rate structure will distribute the burden of increases more
equitably over the various exchange rate groups and meet all the tests of
reasonableness. Rates for the lower grades of service have been increased to a
lesser extent than the higher grades, in order to keep rates for minimum
service as low as possible, and the greater increase in rates for business, com- 1
pared with the increase in residence rates, recognizes the relatively greater
value of business service.
The new rates, as adjusted by the Board, are set out in Appendix "A" to
the Order issued concurrently with and forming part of this Judgment.
Business Extension Telephones: An increase of 10 cents per month will
apply to business private branch exchange extension lines and telephones,
and also to extensions to business main telephones. Rates for residence
extensions will remain unchanged.
Long Distance Message Service (Ontario-Quebec) : The new rate scales
will apply to long distance calls between points in Ontario and Quebec and,
effective with their introduction, the current surcharge on long-distance charges
will be eliminated.
In general terms, the new scales for the initial three-minute period reduce
the discount for night calls, a smaller discount being allowed for person-to-
person night calls than for station-to-station night calls. The spread between
station-to-station and person-to-person rates has been widened to reflect the
greater costs associated with person-to-person service.
Station-to-station day rates will be reduced for all distances greater than
92 miles and there will be some minor modifications in the rates up to 92 miles.
Station-to-station night and Sunday rates will have some increases and
decreases for distances up to 320 miles; between 320 and 700 miles, rates will
be increased; and beyond 700 miles rates will be generally reduced.
410
Person-to-person rates will be increased generally for all distances and
the discount on night and Sunday person-to-person calls will be substantially
reduced. Increases in person-to-person day rates for the initial three-minute
period range from 5 cents at the first mileage step of 11 to 14 miles to 45 cents
at 700 miles and thereafter graduate downwards to 5 cents increase at 1,080
miles; reductions of from 5 cents to 25 cents occur between 1,081 miles and
1,200 miles. The scale for person-to-person night rates increases by 5 cents
at the 11 mile block and graduates upwards to an increase of $1.05 at 76Q miles;
the amounts of increase gradually reduce beyond that point to an increase of
55 cents at 1,200 miles.
With the continuing mechanization of long-distance service, Bell considers
it desirable to have a rate structure that will encourage the use of the most
economical service, since the cost differential of person-to-person service over
station-to-station service is becoming greater as a result of the relative influence
of labour costs on the two services as well as differences between the circuit
time used and circuit time paid for. The Company anticipates that the greater
revenues resulting from increased long-distance charges will be derived almost
entirely from the increases in rates for person-to-person service.
Charge for Collect Station-to -Station Calls: A flat charge of 10 cents per
message will apply to each station-to-station call billed to a telephone other
than that from which the call is made, unless advance credit arrangements
have been made in writing with the Company. This charge recognizes the
additional cost of operator handling on such calls.
Short Period Private Line Service: This is a form of long distance service
between two or more telephones at a commuted rate and is provided on a
contract basis for a specified period of time each day. The rates for this
service will now be closer to long distance message rates than is the case at
present.
Semi-Public Telephone Service: No change has been made in current rates
but the amount of the daily guarantee for this service is increased in keeping
with the increases authorized for other business services.
Directory Listings: Rates for extra listings in telephone directories will be
increased by 5 cents per month. The regulations covering listings provided
without charge will be revised to reduce the number of free listings to one for
each main telephone line, or group of consecutively-numbered main telephone
lines, and each private branch exchange system.
Private Branch Exchange Service and Order Turrets: The rates and charges
for private branch exchange switchboards, dial equipment and order turrets
will be increased and a new charge of $2.00 per month for each tie trunk
terminal will be introduced. The pattern of rates for key station dial systems
is to be changed; the rate for the switching equipment will be reduced but the
rates for the telephones will be increased.
Other Equipment: Rates and charges for most items of miscellaneous
equipment will be increased. Service charges for installation of non-standard
long cords will be increased from $2.00 to $4.00 for 9-foot cords, from $3.00 to
$6.00 for 13-foot cords, and from $1.50 to $2.00 for spring cords. Rates on two
items of equipment are reduced; volume control telephones, which are used
by those with impaired hearing, are reduced from $1.50 to $1.25 per month,
and the speaker phone, consisting of a small loudspeaker and microphone used
in conjunction with the normal telephone set, is reduced from $7.50 to $5.50
per month.
411
7. INCREASES AUTHORIZED
After considering all the evidence submitted in respect to this application
and after making such further investigation as we considered necessary, we
find that the Company has established the need for the additional revenue
which the proposed rates are estimated to yield and that the estimated net
income in 1958 and 1959 under the proposed rates will not exceed the per-
missive level of $2.43 per share. Order No. 95930 which is issued concur-
rently with and forms part of this Judgment authorizes the Company to increase
the rates as proposed, subject to the exceptions noted in Appendix "A" thereto
upon filing and approval of the appropriate tariff revisions, such rates to be
effective not earlier than November 1, 1958.
C. D. SHEPARD
F. M. MacPHERSON
H. B. CHASE.
October 10, 1958.
ORDER No. 95930
THE BOARD OF TRANSPORT COMMISSIONERS FOR CANADA
In the matter of the application of The Bell Telephone Company of Canada,
dated June 15, 1958, for an Order under section 380 and all other relevant
sections of the Railway Act, approving revisions of the Applicant's
Tariffs for Exchange and Long Distance Services and Equipment
Case No. 955.173
Friday, the 10th day of October, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at sittings of the Board held in the City of
Ottawa on September 16, 17, 18, 19, 25, 26, 29, October 1, 2 and 3, 1958, in the
presence of Counsel for the Applicant, Counsel for Respondent Municipalities,
Counsel for Interveners and Counsel for and representatives of other parties
whose appearances are set forth in the Judgment herein dated October 10,
1958—
It is ordered that the Applicant may publish and file revised tariff schedules,
to be effective not earlier than November 1, 1958, adjusting rates and charges
in such tariffs to the extent specified in Schedule I to its Application, dated
June 25, 1958, with the exception of Local Exchange Service Rates, Locality
Rates and rates for Temporary Four-Party Line Service which are to be
adjusted to the extent specified in Appendix "A" hereto.
It is further ordered that the provisions of Rules 3 and 6 of General Order
No. 658 are hereby waived.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
64494-8—4
412
APPENDIX "A"
to Order No. 95930
AUTHORIZED MONTHLY RATES FOR LOCAL EXCHANGE SERVICE WITHIN
THE BASE
RATE AREAS, AND FOR RURAL SERVICE, OF
THE
EXCHANGES DESIGNATED BY
RATE GROUP
NUMBERS
(See Alphabetical List hereunder).
BUSINESS SERVICE
Rate
1 -Party
2-Party
Multi-Party
Trunk Message Rate
Group
rtate
Rate
Rate
Rate
1 -Party*
1
$ 5.60
$4.50
$3.75
$8.40
2
5.60
4.50
3.75
8.40
3
6.30
5.05
4.00
9.45
—
4
7.05
5.65
4.25
10.60
5 .
8.00
6.30
4.50
12.00
6
9.10
7.05
4.80
13.65
7
10.50
5.10
15.75
7.05
8
12.05
5.60
18.10
7.55
9
. . . 13.70
6.10
20.55
8.05
10
16.00
6.85
24.00
8.80
10A
16.25
7.10
24.25
9.05
10B
17.25
8.10
25.25
10.05
♦Business one-party line-message rate:
Rate Group 7
- 75 messages allowed
Rate Group 8
- 80 messages allowed
Rate Group 9
- 85 messages allowed
Rate Groups 10, 10A, 10B -
- 90 messages allowed
Each additional message: 5 cents.
RESIDENCE SERVICE
Rate
1 -Party
2-Party
Multi-Party
Trunk
Group
Rate
Rate
Rate
Rate
1 .
, $3.45
$2.85
$2.75
$4.40
2
3.45
2.85
2.75
4.40
3 .
3.70
2.95
2.85
4.65
4
3.90
3.05
2.95
4.90
5
4.15
3.25
3.05
5.15
6
4.40
3.45
3.15
5.40
7
4.65
3.65
3.25
5.75
4.95
3.85
3.45
6.20
9
5.30
4.10
3.65
6.65
10
5.75
4.40
3.90
7.30
10A
5.85
4.50
4.00
7.40
10B
. 6.35
5.00
4.50
7.90
LIST OF EXCHANGES AND RATE GROUPS — Tariff Item 60.2
Rate
Exchange Group
Acton, Ont 3
Actonvale, Que. . . 2
Agincourt, Ont. . . 10B
Ailsa Craig, Ont. . 1
Albanel, Que. ... 1
Alexandria, Ont. . 3
Alfred, Ont 1
Algoma Mills, Ont. 3
Algonquin Park,
Ont 1
Rate
Exchange Group
Alliston, Ont 3
Alma, Que 4
Almonte, Ont. ... 3
Al vires ton, Ont. . . 1
Amherstburg, Ont. 4
Ancaster, Ont. ... 8
Angus, Ont 5
Apsley, Ont 1
Armstrong, Ont. . 1
Arnprior, Ont. ... 4
Rate
Exchange Group
Arthur, Ont. . 2
Arundel, Que. ... 1
*Arvida, Que 7
Asbestos, Que. ... 4
Athens, Ont 1
Atwood, Ont 4
Aurora, Ont 5
Avonmore, Ont. . 1
Ayer's Cliff, Que. 1
*Aylmer, Que 9
*See also Locality Rates (pages 417 to 427)
413
LIST OF EXCHANGES AND RATE GROUPS— Tariff Item 60.2
Rate
Rate
Rate
Exchange Group
Exchange Group
Exchange Group
Ayr, Ont
2
Burford, Ont. . . .
2
*Cooksville, Ont. . .
10B
Azilda, Ont
7
Burk's Falls, Ont.
2
Cornwall, Ont. . .
6
Burleigh Falls,
Cowansville, Que.
4
Baie Ste-Cather-
Ont
3
Crediton, Ont. . . .
3
ine, Que
1
Burlington, Ont. .
8
fCreemore, Ont. . .
2
Baie St-Paul, Que.
2
Bury, Que
1
Bala, Ont
2
Danville, Que. . .
4
Barrie, Ont
5
Cabano, Que
2
Deep River, Ont. .
4
Barwick, Ont. . . .
1
Callander, Ont. . .
6
Delhi, Ont
3
Baysville, Ont. . .
1
Campbellford,
Deseronto, Ont. . .
2
Beachville, Ont. .
6
Ont
3
Dolbeau, Que. . . .
4
Beamsville, Ont. .
5
Campbellville,
Dorchester, Ont. .
2
Beardmore, Ont. .
1
Ont
4
Dorset, Ont
1
Beauharnois, Que.
4
Camp Borden,
Dresden, Ont. . . .
3
Beaverton, Ont. . .
2
Ont
3
*Drummondville,
Bedford, Que. . . .
3
Cannington, Ont. .
1
5
Beeton, Ont
1
Capreol, Ont. . . .
2
3
* Belleville, Ont. . .
6
Cardinal, Ont. . . .
2
Dundalk, Ont. . . .
2
Beloeil, Que
4
Cargill, Ont
3
Dundas, Ont
8
Bergeronnes, Que.
1
Carleton Place,
Dunham, Que. . . .
1
Berthierville, Que.
3
Ont
3
Durham, Ont. . . .
3
Binbrook, Ont. . .
8
Cartier, Ont
1
Dutton, Ont
2
Bishopton, Que. . .
1
Casselman, Ont. .
1
Black Lake, Que.
5
Castlemore, Ont. .
3
East Angus, Que.
3
Blackstock, Ont. .
3
Cayuga, Ont
2
East Broughton,
Blenheim, Ont. . .
4
Chalk River, Ont.
4
Que
2
Blezard Valley,
Chambly, Que. . .
4
East Hereford,
Ont
7
Chambord, Que. .
1
Que
1
Blind River, Ont.
3
Champlain, Que. .
1
Elliot Lake, Ont.
3
Bobcaygeon, Ont.
2
Chapleau, Ont. . .
2
Elmira, Ont
4
*Bolton, Ont
3
Charny, Que
8
Elora, Ont
2
Bonfleld, Ont. . . .
1
Chartierville, Que.
1
Embro, Ont
2
Bothwell, Ont. . . .
2
Chateauguay, Que.
4
Embrun, Ont
2
Boucherville, Que.
10
Chatham, Ont. . .
6
2
Bouchette, Que. .
1
Chatsworth, Ont.
2
Escoumins, Que. .
1
Bowmanville, Ont.
4
Chelmsford, Ont.
3
Espanola, Ont. . .
3
Bracebridge, Ont.
3
Chesley, Ont. . . .
2
Essex, Ont
3
Bradford, Ont. . .
4
Chesterville,
Everett, Ont
2
Brampton, Ont. . .
5
Ont.
2
Exeter, Ont
3
Brantford, Ont . .
7
Chicoutimi, Que. .
7
Brechin, Ont. . . .
1
Chippawa, Ont. . .
7
Farnham, Que. . .
4
1
Clarenceville,
Fenelon Falls,
Bridgenorth, Ont.
6
Que
1
Ont
2
Brighton, Ont. . .
3
Clarkson, Ont. . . .
6
Fergus, Ont
3
Britannia, Ont. . .
9
Clermont, Que. . .
4
Ferland, Que
1
Britt, Ont
1
Clinton, Ont. . . .
4
Field, Ont
1
Brockville, Ont. .
5
Coaticook, Que. .
4
Finch, Ont
2
Bromptonville,
Cobden, Ont
2
Fisherville, Ont. .
1
Que
7
Coboconk, Ont. . .
1
Flesherton, Ont. .
1
XJlLUILt-, Will
ft
D
LUUUUlg, Will. . .
A
t
i
Brooklin, Ont. . .
2
Colborne, Ont. . .
2
Fort Erie, Ont. . .
4
Brownsburg, Que.
4
Collingwood, Ont.
4
Fort Frances, Ont.
4
Brownsville, Ont.
4
Compton, Que. . .
1
Frankford, Ont. .
3
Bruce Mines, Ont.
1
Coniston, Ont. . .
7
Franklin Centre,
Buckhorn, Ont. . .
3
Cookshire, Que. . .
2
Que
2
*Buckingham, Que.
4
Cookstown, Ont. .
2
Freelton, Ont. . . .
1
*See also Locality Rates (pages 417 to 427)
tSee also Temporary Four-Party-Line Service (page 427)
64494-8— 4£
414
LIST OF EXCHANGES AND RATE GROUPS ^-Tariff Item 60.2
Rate
Exchange Group
Gait, Ont 6
Gananoque, Ont. 4
*Garson, Ont 7
Gatineau, Que. . . 9
Georgetown, Ont. 4
*Geraldton, Ont. . . 2
Gilmour, Ont. ... 1
Girardville, Que. . 1
Glencoe, Ont. ... 2
Goderich, Ont. . . 4
Gogama, Ont. ... 1
*Goose Bay, Nfld. 3
Gracefield, Que. . 1
Granby, Que. ... 5
Grand'Mere, Que. 6
Gravenhurst, Ont. 3
Grimsby, Ont. ... 5
Guelph, Ont 6
Hagersville, Ont. 3
Hamilton, Ont. . . 8
Hanmer, Ont. ... 2
Hanover, Ont. . . 3
Harrietsville,
Ont 2
Harriston, Ont. . . 2
Harrow, Ont 3
Harrowsmith,
Ont 2
Hastings, Ont. . . 1
Havelock, Ont. . . 2
*Hawkesbury, Ont. 4
Hebertville, Que. . 2
Hemmingford,
Que 2
Hensall, Ont 2
Hepworth, Ont. . . 1
Hespeler, Ont. ... 3
Holstein, Ont. ... 1
Honey Harbour,
Ont 1
Hornepayne, Ont. 1
Howick, Ont. ... 1
Hudson, Ont 2
Hudson, Que 3
Huntingdon, Que. 4
Huntsville, Ont. . 4
Huttonville, Ont. . 5
Ignace, Ont 1
Ile-aux-Coudres,
Que 1
Ingersoll, Ont. ... 4
Ingleside, Ont. . . 2
Inverness, Que. . . 1
Iron Hill, Que. .. 1
Iroquois, Ont. ... 2
Rate
Exchange Group
Jarvis, Ont 2
*Joliette, Que. ... 5
Jonquiere, Que. . . 7
Kazabazua, Que. . 1
Kemptville, Ont. . 3
Killarney, Ont. . . 1
King, Ont 5
* Kingston, Ont. . . 7
Kingsville, Ont. . 4
Kintore, Ont. ... 4
Kirkfield, Ont. ... 1
Kirk's Ferry, Que. 1
Kitchener-
Waterloo, Ont. . 7
Kleinburg, Ont. . . 3
Knowlton, Que. . . 2
Labelle, Que 1
L'Abord-a-
Plouffe, Que. . . 10
Lac Bouchette,
Que. 1
Lachine, Que. ... 10
Lachute, Que. ... 4
Lacolle, Que 2
La Dore, Que. ... 1
Lakefield, Ont. . . 3
La Malbaie, Que. 4
Lanark, Ont 1
Lancaster, Ont. . . 3
Langton, Ont. ... 2
L'Annonciation,
Que 2
Lanoraie, Que. . . 1
La Patrie, Que. . . 1
Laprairie, Que. . . 10
La Salle, Ont. ... 8
L'Assomption,
Que 4
Laterriere, Que. . 7
Leamington, Ont. 4
*Les Eboulements,
Que 1
Leeds, Que 1
Lefroy, Ont 2
L'Epiphanie, Que. 4
Levack, Ont 2
Levis, Que 8
L'lle-Verte, Que. . 1
Lindsay, Ont. ... 4
Listowel, Ont. . . 4
Little Current,
Ont 1
Lively, Ont 7
*London, Ont 8
Longlac, Ont. ... 1
*Longueuil, Que. . 10
Rate
Exchange Group
Long Sault, Ont. . 6
*Loretteville, Que. 8
L'Orignal, Ont. . . 4
Louiseville, Que. . 4
Low, Que 1
Lucan, Ont 1
Lucknow, Ont. . . 1
Lynden, Ont 3
Lyster, Que 1
Mactier, Ont 1
Madoc, Ont 3
Magog, Que 4
Maidstone, Ont. . . 1
Mallorytown, Ont. 1
Malton, Ont 10B
Manitouwadge,
Ont 1
Maniwaki, Que. . . 3
Manotick, Ont. . . 2
Mansonville, Que. 1
Maple, Ont 5
Marathon, Ont. . . 2
Marbleton, Que. . 1
Marieville, Que. . 3
Markdale, Ont. . . 2
Markham, Ont. . . 4
Marmora 2
Martintown, Ont. 1
Maskinonge, Que. 4
Massey, Ont 1
Mattawa, Ont. ... 2
Maxville, Ont. ... 2
Meaford, Ont. ... 3
Megantic, Que. . . 3
Merlin, Ont 3
Merrickville,
Ont 1
Midland, Ont. ... 4
Milford Bay, Ont. 1
Milot, Que 1
Milton, Ont 4
Mitchell, Ont. ... 3
Montebello, Que. . 3
♦Montreal, Que. . . 10
Morin Heights,
Que 2
Morrisburg, Ont. . 3
Mount Albert,
Ont 3
Mount Forest,
Ont 3
Mount Hope, Ont. 8
Napanee, Ont. ... 4
Napierville, Que. . 1
*See also Locality Rates (pages 417 to 427)
415
LIST OF EXCHANGES AND RATE GROUPS — Tariff Item 60.2
Rate
Exchange Group
Nestor Falls, Ont. 1
New Dundee, Ont. 1
New Hamburg,
Ont 3
New Lowell, Ont. 2
Newmarket, Ont. 5
New Toronto-
Islington, Ont. . 10A
f*Niagara Falls,
Ont 7
Niagara-on-the-
Lake, Ont 3
Nipigon, Ont. ... 3
Nobel, Ont 4
Noelville, Ont. ... 1
Nominingue, Que. 1
Normandin, Que. 1
♦North Bay, Ont. . 6
North Gower,
Ont 2
North Hatley,
Que 1
Norwich, Ont. ... 3
Norwood, Ont. ... 2
*Notre-Dame-des-
Laurentides,
Que 8
Notre-Dame-du-
Lac, Que 1
Oak Ridges, Ont. 5
Oakville, Ont. ... 6
Oil Springs, Ont. . 1
Oka, Que 2
Omemee, Ont. ... 2
Ophir, Ont 1
Orangeville, Ont. 4
Orillia, Ont 5
Ormstown, Que. . 2
Oshawa, Ont 7
♦Ottawa, Ont 9
Otter Lake, Ont. . 4
Otterville, Ont. . . 1
Owen Sound, Ont. 5
Pakenham, Ont. . 1
Palmerston, Ont. . 2
Papineauville,
Que 3
Paris, Ont 4
Parkhill, Ont. ... 2
Parry Sound, Ont. 4
Pembroke, Ont. . . 5
Penetanguishene,
Ont 3
Peribonka, Que. . 1
Rate
Exchange Group
Perth, Ont 4
Petawawa, Ont. . 5
Peterborough,
Ont 6
Petite-Riviere
St-Francois,
Que 1
Petrolia, Ont. ... 4
Pickering- A j ax,
Ont 4
Picton, Ont 4
Plantagenet, Ont. 1
Plattsville, Ont. . . 1
*Pointe-aux-
Trembles, Que. 10
Pointe-Claire,
Que 5
*Pont-Viau, Que. 10
Port-Alfred, Que. 6
Port Carling, Ont. 2
Port Colborne,
Ont 6
Port Credit, Ont. 10B
Port Dover, Ont. . 5
Port Hope, Ont. . . 4
Port McNicoll,
Ont 1
Port Perry, Ont. . 3
Port Robinson,
Ont 6
Port Rowan, Ont. 2
Port Stanley, Ont. 6
Powassan, Ont. . . 2
Prescott, Ont. ... 4
Preston, Ont. ... 4
Quebec, Que 8
Queensville, Ont. 3
Rainy River, Ont. 1
Rawdon, Que. ... 2
Red Rock, Ont. . . 3
Renfrew, Ont. ... 4
Richmond, Ont. . . 3
Richmond Hill,
Ont 5
Ridgetown, Ont. . 4
Ridgeville, Ont. . . 6
Ridgeway, Ont. . . 4
Rigaud, Que 2
Rivieres-des-
Prairies, Que. . . 10
Riviere-du-Loup,
Que 4
Roberval, Que. . . 4
Roches Point, Que. 3
Rate
Exchange Group
*Rock Island, Que. 3
Rockland, Ont. . . 2
Rockwood, Ont. . . 2
Rodney, Ont. ... 3
Rolphton, Ont. . . 1
Roxboro, Que. ... 10
Russell, Ont 2
Sacre-Coeur, Que. 1
Ste-Adele, Que. . . 4
Ste-Agathe, Que. 4
St-Alexandre,
Que 1
St-Alphonse de
Rodriguez, Que. 1
St-Ambroise de
Chicoutimi,
Que 1
St- Andre, Que. . . 1
St. Andrews East,
Que 1
Ste-Anne de
Beaupre, Que. . 3
Ste-Anne de
Bellevue, Que. . 4
Ste-Anne de la
Pocatiere, Que. . 2
Ste-Anne de
Portneuf, Que. . 1
St-Barthelemy,
Que 1
*St-Bruno, Que. . . 3
St. Catharines,
Ont 7
Ste-Catherine,
Que 1
St-Cesaire, Que. . 2
St-Charles sur
Richelieu, Que. 1
St-Chrysostome,
Que 1
St-Coeur-de-
Marie,
St-Denis, Que. ... 1
*Ste-Dorothee,
Que 10
St-Eleuthere,
Que 1
St. Eugene, Ont. . 1
St-Eustache, Que. 5
St-Felicien, Que. . 3
St-Felix de Valois,
Que 2
St-Ferdinand
d'Halifax, Que. 1
St-Fidele, Que. . . 1
*See also Locality Rates (pages 417 to 427)
tSee also Temporary Four-Party-Line Service (page 427)
416
LIST OF EXCHANGES AND RATE GROUPS— Tariff Item 60.2
Rate
Exchange Group
St-Fulgence,
Que 1
St-Gabriel de
Brandon, Que. . 3
St-Gedeon, Que. . 1
Ste-Genevieve de
Pierrefonds,
Que 4
St. George, Ont. . 3
St-Hilarion, Que. 1
St-Honore,
(Chicoutimi
Co.), Que 1
St-Honore,
(Temiscouata
Co.), Que 1
St-Hyacinthe,
f Que 5
St-Irenee, Que. . . 1
St. Jacobs, Ont. . . 4
St-Jacques, Que. . 3
St-Jean, Que. ... 6
St-Jean-de-Dieu,
Que 1
St-Jean-de-
Matha, Que. . . 1
St-Jean He
d'Orleans, Que. 2
St-Jerome, Que. . 5
St-Jerome du Lac
St-Jean, Que. . . 2
St-Jovite, Que. . . 3
*St-Lambert, Que. 10
St-Lin, Que 2
St-Malo, Que. ... 1
Ste-Marguerite,
Que 2
Ste-Martine, Que. 2
St. Marys, Ont. . . 3
St-Michel des
Saints, Que. ... 1
St-Pacome, Que. . 1
St-Pascal, Que. . . 2
*St-Paul-l'Ermite,
Que 3
Ste-Petronille,
Que 8
St-Philippe, Que. 4
St-Philippe de
Neri, Que 1
St-Pie, Que 5
St-Prime, Que. . . 4
St-Regis, Que. . . 2
St-Remi, Que. ... 3
Rate
Exchange Group
St-Romuald
d'Etchemin,
Que 8
Ste-Rose, Que. . . 5
Ste-Rose-du-
Degele, Que. . . 1
Ste-Rose du Nord,
Que 1
St-Sauveur, Que. 4
Ste-Scholastique,
Que 3
St-Simeon, Que. . 1
Ste-Therese, Que. 5
St. Thomas, Ont. . 6
St-Urbain, Que. . 1
St-Vincent-de-
Paul, Que 10
St-Zenon, Que. . . 1
Sarnia, Ont 7
Sault Ste. Marie,
Ont. 6
Sault-au-Mouton,
Que 1
Sawyerville, Que. 1
Scarborough, Ont. 10A
Schomberg, Ont. . 3
Schreiber, Ont. . . 3
Scotland, Ont. . . 1
Scotstown, Que. . 1
Searforth, Ont. . . 3
Selkirk, Ont 1
Severn Bridge,
Ont 1
Shawbridge, Que. 5
*Shawinigan Falls,
Que 6
Shelburne, Ont. . . 3
Sherbrooke, Que. 7
Simcoe, Ont 5
Sioux Lookout,
Ont 2
Smith Falls, Ont. . 4
Smithville, Ont. . 3
Snelgrove, Ont. . . 5
Sombra, Ont. ... 1
Sorel, Que 5
Southampton,
Ont 2
South Mountain,
Ont 2
South River, Ont. 2
Spanish, Ont 1
Sparta, Ont 6
f Stayner, Ont 3
Stevensville, Ont. 2
Stirling, Ont 3
Rate
Exchange Group
Stoney Creek,
Ont 8
Stratford, Ont. . . 5
Strathroy, Ont. ... 3
Streetsville, Ont. . 6
Sturgeon Falls,
Ont 4
Sturgeon Point,
Ont 1
* Sudbury-Copper
Cliff, Ont 7
Sundridge, Ont. . 2
Sutton, Ont 3
Sutton, Que 2
Sydenham, Ont... 2
Tadoussac, Que. . 1
Tara, Ont 1
Tavistock, Ont. . . 1
Tecumseh, Ont. . . 8
*Temiskaming,
Que 2
Terrace Bay, Ont. 3
Terrebonne, Que. 3
Terrebonne
Heights, Que. . . 3
Thamesford, Ont. 4
Thessalon, Ont. . . 2
Thetford Mines,
Que 5
Thornbury, Ont. . 2
*Thornhill, Ont. . . 10B
Thurso, Que 2
Tilbury, Ont. ... 3
Tillsonburg, Ont. . 4
Toronto, Ont. . . . 10A
Tottenham, Ont. . 2
Trenton, Ont. ; . . 5
Trois-Pistoles,
Que 2
Trois-Rivieres,
Que 7
Trout Creek, Ont. 2
Tweed, Ont. ..... 3
Unionville, Ont. . 5
Uxbridge, Ont. . . 3
Val Barrette, Que. 1
*Valleyfield, Que. . 5
Vankleek Hill,
Ont. 2
Varennes, Que. . . 2
Vaudreuil, Que. . . 3
Vercheres, Que. . 1
*See also Locality Rates (pages 417 to 427)
tSee also Temporary Four-Party-Line Service (page 427)
417
LIST OF EXCHANGES AND RATE GROUPS — Tariff Item 60.2
Rate
Exchange Group
Vermilion Bay,
Ont 1
Verner, Ont 4
Victoria, Ont. ... 5
Victoriaville, Que. 4
Vineland, Ont. ... 4
Wainfleet, Ont. . . 3
Wakefield, Que. . 1
Walkerton, Ont. . 3
Wallaceburg, Ont. 4
Warren, Ont 1
fWasaga Beach,
Ont 3
Waterdown, Ont. . 8
Waterford, Ont. . 5
Waterloo, Que. . . 4
Rate
Exchange Group
Waterville, Que. . 1
Watford, Ont. ... 2
Waubaushene,
Ont 1
Welland, Ont. ... 7
Wellandport, Ont. 3
Wellington, Ont. . 2
*West Hill, Ont. . 10B
West Lome, Ont. 3
Weston, Ont. ... 10A
Wheatley, Ont. .. 2
Whitby, Ont 4
Whitefish, Ont. . . 1
White Lake, Ont. 1
White River, Ont. 1
Whitney, Ont. ... 1
Wiarton, Ont. ... 2
Rate
Exchange Group
Willowdale-Don
Mills, Ont 10A
Winchester, Ont. . 2
Windsor, Ont. ... 8
Windsor, Que. ... 3
Wingham, Ont. . . 3
Winona, Ont 5
Wolfe Island, Ont. 1
*Woodbridge, Ont. 10B
Woodstock, Ont. . 5
Woodville, Ont. . . 1
Wooler, Ont 3
Wyoming, Ont. . . 4
Yamachiche, Que. 4
tSee also Temporary Four-Party-Line Service (page 427)
*See also Locality Rates (pages 417 to 427)
LOCALITY RATES
Monthly Rate
Arvida, Que. Exchange, C.T.C. No. 6876, Dl
Flat rate service
Business: Individual line $11.40
P.B.X. trunk line 16.65
Residence: Individual line 5.55
Two-party line 4.15
P.B.X. trunk line 6.65
Message rate service
Business individual line 7.95
Aylmer, Que. Exchange, C.T.C. No. 6254, Fl
Flat rate service
Business: Individual line 14.90
P.B.X. trunk line 21.75
Residence: Individual line 6.50
Two-party line 4.80
P.B.X. trunk line 7.85
Message rate service
Business individual line 9.25
Belleville, Ont. Exchange, C.T.C. No. 6110, Dl
Business: Individual line 10.30
Two-party line 7.75
P.B.X. trunk line 14.85
Residence: Individual line 5.60
Two-party line 4.15
P.B.X. trunk line 6.60
418
LOCALITY RATES — Continued
Monthly Rate
Bolton, Ont. Exchange, C.T.C. No. 6979, El
Business: Individual line 7.45
Two-party line 5.70
P.B.X. trunk line 10.60
Residence: Individual line 4.85
Two-party line , 3.60
P.B.X. trunk line 5.80
Buckingham, Que. Exchange, C.T.C. No. 6529, CI
Business: Individual line 8.15
Two-party line 6.25
P.B.X. trunk line 11.70
Residence: Individual line 5.00
Two-party line 3.65
P.B.X. trunk line 6.00
Cooksville, Ont. Exchange, C.T.C. No. 6150, El
Locality rate area 1
Flat rate service
Business: Individual line 18.00
P.B.X. trunk line 26.00
Residence: Individual line 7.10
Two-party line 5.45
P.B.X. trunk line 8.65
Message rate service
Business individual line 10.80
Locality rate area 2
Flat rate service
Business: Individual line 18.75
P.B.X. trunk line 26.75
Residence: Individual line 7.85
Two-party line 5.90
P.B.X. trunk line 9.40
Message rate service
Business individual line 11.55
Locality rate area 3
Flat rate service
Business: Individual line 19.50
P.B.X. trunk line 27.50
Residence: Individual line 8.60
Two-party line 6.35
P.B.X. trunk line 10.15
Message rate service
Business individual line ... 12.30
419
LOCALITY RATES — Continued
Monthly Rate
Locality rate area 4
Flat rate service
Business: Individual line 20.25
P.B.X. trunk line 28.25
Residence: Individual line 9.35
Two-party line 6.80
P.B.X. trunk line 10.90
Message rate service
Business individual line 13.05
Drummondville, Que. Exchange, C.T.C. No. 6708, CI
Business: Individual line 8.70
Two-party line 6.70
P.B.X. trunk line 12.70
Residence: Individual line 4.85
Two-party line 3.65
P.B.X. trunk line 5.85
Garson, Ont. Exchange, C.T.C. No. 6855, Dl
Flat rate service
Business: Individual line 11.95
P.B.X. trunk line 17.20
Residence: Individual line 6.10
Two-party line 4.50
P.B.X. trunk line 7 . 20
Message rate service
Business individual line 8.50
Geraldton, Ont. Exchange, C.T.C. No. 6860, CI
Business: Individual line 6.65
Two-party line 5.10
P.B.X. trunk line 9.45
Residence: Individual line 4.50
Two-party line 3.45
P.B.X. trunk line 5 .45
Goose Bay, Nfld. Exchange, C.T.C. No. 7020, CI
Business: Individual line 7.80
Two-party line 5.85
P.B.X. trunk line 10.95
Residence: Individual line 5.20
Two-party line 3.75
P.B.X. trunk line 6.15
Hawkesbury, Ont. Exchange, C.T.C. No. 6313, Dl
Business: Individual line 8.30
Two-party line 6.35
P.B.X. trunk line 11 .85
Residence: Individual line 5.15
Two-party line 3.75
P.B.X.. trunk .line MI1MMMI 6.15
64494-8—5
420
LOCALITY RATES- — Continued
Monthly Rate
Joliette, Que. Exchange, C.T.C. No. 6454, CI
Business: Individual line 9.25
Two-party line 7.00
P.B.X. trunk line 13.25
Residence: Individual line 5.40
Two-party line 3.95
P.B.X. trunk line 6.40
Kingston, Out. Exchange, C.T.C. No. 6693, C
Reddendale-Point Pleasant locality
Flat rate service
Business: Individual line 11.50
P.B.X. trunk line 16.75
Residence: Individual line 5.65
Two-party line 4.25
P.B.X. trunk line 6.75
Message rate service
Business individual line 8.05
Collins Bay locality
Flat rate service
Business: Individual line 12.60
P.B.X. trunk line 17.85
Residence: Individual line 6.75
Two-party line 4.85
P.B.X. trunk line 7.85
Message rate service
Business individual line 9.15
Les Eboulements, Que. Exchange, C.T.C. No. 6914, CI
Business: Individual line 7.60
Two-party line 5.60
P.B.X. trunk line 10.40
Residence: Individual line 5.45
Two-party line 3.95
P.B.X. trunk line 6.40
London, Ont. Exchange, C.T.C. No. 6101, Dl
Flat rate service
Business: Individual line 12.95
P.B.X. trunk line 19.00
Residence: Individual line 5.85
Two-party line 4.40
P.B.X. trunk line 7.10
Message rate service
Business individual line 8.45
421
LOCALITY RATES — Continued
Monthly Rate
Longueuil, Que. Exchange, C.T.C. No. 6195, El
Flat rate service
Business: Individual line 16.75
P.B.X. trunk line 24.75
Residence: Individual line 6.50
Two-party line 4.85
P.B.X. trunk line 8.05
Message rate service
Business individual line 9.55
Loretteville, Que. Exchange, C.T.C. No. 6332, El
Flat rate service
Business: Individual line 12.65
P.B.X. trunk line 18.70
Residence: Individual line 5.55
Two-party line 4.20
P.B.X. trunk line 6.80
Message rate service
Business individual line 8.15
Montreal, Que. Exchange, C.T.C. No. 6689, El
Flat rate service
Business: Individual line 16.75
P.B.X. trunk line 24.75
Residence: Individual line 6.50
Two-party line 4.85
P.B.X. trunk line 8.05
Message rate service
Business individual line 9.55
Niagara Falls, Ont. Exchange, C.T.C. No. 6712, Dl
Queenston locality
Business: Individual line 12.80
P.B.X. trunk line 18.05
Residence: Individual line 6.95
Two-party line 5.00
P.B.X. trunk line 8.05
Message rate service
Business individual line 9.35
St. Davids locality
Business: Individual line 12.00
P.B.X. trunk line 17.25
Residence: Individual line . . .' 6.15
Two-party line 4.50
P.B.X. trunk line 7.25
Message rate service
Business individual line 8.55
64494-8— 5\
422
LOCALITY RATES — Continued
Monthly Rate
North Bay, Ont. Exchange, C.T.C. No. 6686, El
Locality rate area 1
Business: Individual line 9.70
Two-party line 7.40
Four-party line (a) 6.15
P.B.X. trunk line 14.25
Residence: Individual line 5.00
Two-party line 3.80
Four-party line (a) 3.50
P.B.X. trunk line 6.00
Locality rate area 2
Business: Individual line 10.30
Two-party line 7.75
Four-party line (a) . . 6 . 35
P.B.X. trunk line 14.85
Residence: Individual line 5 . 60
Two-party line 4. 15
Four-party line (o) 3.70
P.B.X. trunk line 6.60
Locality rate area 3
Business: Individual line , 10.90
Two-party line 8.10
Four-party line (a) 6.55
P.B.X. trunk line 15.45
Residence: Individual line 6.20
Two-party line 4.50
Four-party line (a) 3.90
P.B.X. trunk line 7.20
(a) Four-party line service is furnished temporarily, subject to discontinuance and
replacement by a standard grade of service on thirty-days' notice to each
customer. . ....
Notre-Dame des Laurentides, Que. Exchange, C.T.C. No. 6700, E
Flat rate service
Business: Individual line 14.45
P.B.X. trunk line 20.50
Residence: Individual line 7.35
Two-party line 5.25
P.B.X. trunk line 8 . 60
Message rate service
Business individual line 9 . 95
Ottawa, Ont. Exchange, C.T.C. No. 6555, El
Flat rate service
Business: Individual line .*.". 14.80
P.B.X. trunk line 21 . 65
Residence: Individual line 6.40
Two-party line . . 4 . 75
P.B.X. trunk line 7.75
Message rate service
Business individual line - • 9. 15
423
LOCALITY RATES — Continued
Monthly Rate
Pointe-aux-Trembles, Que. Exchange, C.T.C. No. 6372, El
La Chapelle de la Reparation
Flat rate service
Business: Individual line 16.75
P.B.X. trunk line 24.75
Residence: Individual line 6.50
Two-party line 4.85
P.B.X. trunk line 8.05
Message rate service
Business individual line 9.55
Bout de Vile No. 1
Flat rate service
Business: Individual line 17.50
P.B.X. trunk line 25.50
Residence: Individual line 7.25
Two-party line 5.30
P.B.X. trunk line 8.80
Message rate service
Business individual line 10.30
Bout de Vile No. 2
Flat rate service
Business: Individual line 18.25
P.B.X. trunk line 26.25
Residence: Individual line 8.00
Two-party line 5 . 75
P.B.X. trunk line 9.55
Message rate service
Business individual line 11.05
Pont Viau, Que. Exchange, C.T.C. No. 6810, El
Flat rate service
Business: Individual line 17.65
P.B.X. trunk line 25.65
Residence: Individual line 7.40
Two-party line 5.40
P.B.X. trunk line 8.95
Message rate service
Business individual line 10.45
Rock Island, Que. Exchange, C.T.C. No. 6845, El
Business: Individual line .., 7.20
Two-party line 5.55
P.B.X. trunk line 10.35
Residence: Individual line 4.60
Two-party line 3.45
P.B.X. trunk line 5.55
424
LOCALITY RATES — Continued
Monthly Rate
St-Bruno, Que. Exchange, C.T.C. No. 6538, CI
Business: Individual line 7.20
Two-party line 5.55
P.B.X. trunk line 10.35
Residence: Individual line 4.60
Two-party line 3.45
P.B.X. trunk line 5.55
Ste-Dorothee, Que. Exchange, C.T.C. No. 7010, Fl
Flat rate service
Business: Individual line 17.30
P.B.X. trunk line 25.30
Residence: Individual line 7.05
Two-party line 5.15
P.B.X. trunk line 8.60
Message rate service
Business individual line 10.10
St-Lambert, Que. Exchange, C.T.C. No. 6157, F
Brookline locality
Flat rate service
Business: Individual line 20.15
P.B.X. trunk line 28.15
Residence: Individual line 9.90
f Two-party line 6.90
P.B.X. trunk line 11.45
Message rate service
Business individual line 12.95
East Greenfield locality
Flat rate service
Business: Individual line 16.75
P.B.X. trunk line 24.75
Residence: Individual line 6.50
! Two-party line .............. : 4 . 85
0 * P.B.X. trunk line 8.05
„ ee, .... i
Message rate service
Business individual line 9.55
• '•■ :;:;xv/5*u.»8DttaiW
St-Paul-VErmite, Que. Exchange, C.T.C. No. 6742, CI
Business: Individual line 6.85
TWb-party line '. .. .\ ......... . '. ... 5.35
P.B.X. trunk line 7." 10 . 00
Residence: Individual line t4.:25
,o«. Two-party line , ^ 3.25
c P.B.X. trunk line a ssa 5 . 20
425
LOCALITY RATES — Continued
Monthly Rate
Shawinigan Falls, Que. Exchange, C.T.C. No. 6219, El
Business: Individual line 10.80
Two-party line 8.05
P.B.X. trunk line 15.35
Residence: Individual line 6.10
Two-party line 4.45
P.B.X. trunk line 7.10
Sudbury-Copper Cliff, Ont. Exchange, C.T.C. No. 6125, Fl
Locality rate area 1
Flat rate service
Business: Individual line 11.10
P.B.X. trunk line 16.35
Residence: Individual line 5.25
Two-party line 4.00
P.B.X. trunk line . 6.35
Message rate service
Business individual line 7.65
Locality rate area 2
Flat rate service
Business: Individual line 11.70
P.B.X. trunk line 16.95
Residence: Individual line 5.85
Two-party line . . 4.35
P.B.X. trunk line 6.95
Message rate service
Business individual line 8 . 25
Temiskaming, Que. Exchange, C.T.C. No. 6969, CI
Business: Individual line 6.10
Two-party line 4 . 80
P.B.X. trunk line ........... 8 . 90
Residence: Individual line 3.95
Two-party line 3.15
P.B.X. trunk line 4.90
Thornhill, Ont. Exchange, C.T.C. No. 6490, El
Locality rate area 1
Flat rate service
Business: Individual line 18.60
P.B.X. trunk line 26.60
-Residence: Individual line 7.70
Two-party line .' . 5.85
P.B.X. trunk line 9 . 25
Message rate service
Business individual line 11 . 40
426
LOCALITY RATES — Continued
Monthly Rate
Locality rate area 2
Flat rate service
Business: Individual line 20.10
P.B.X. trunk line 28.10
Residence: Individual line 9.20
Two-party line 6.75
P.B.X. trunk line 10.75
Message rate service
Business individual line 12.90
Valley field, Que. Exchange, C.T.C. No. 6463, Dl
Business: Individual line 8.55
Two-party line 6.60
P.B.X. trunk line 12.55
Residence: Individual line 4.70
Two-party line 3 . 55
P.B.X. trunk line 5.70
West Hill, Ont. Exchange, C.T.C. No. 6827, F
Locality rate area 1
Flat rate service
Business: Individual line 18.00
P.B.X. trunk line 26.00
Residence: Individual line 7.10
Two-party line 5.45
P.B.X. trunk line 8.65
Message rate service
Business individual line 10.80
Locality rate area 2
Flat rate service
Business: Individual line 18.75
P.B.X. trunk line 26.75
Residence: Individual line 7.85
Two-party line 5.90
P.B.X. trunk line 9.40
Message rate service
Business individual line 11.55
Locality rate area 3
Flat rate service
Business: Individual line 19.50
P.B.X. trunk line 27.50
Residence: Individual line 8.60
Two-party line 6.35
P.B.X. trunk line 10.15
Message rate service
Business individual line 12.30
427
LOCALITY RATES — Concluded
Monthly Rate
Woodbridge, Ont. Exchange, C.T.C. No. 6800, El
Flat rate service
Business: Individual line 18.60
P.B.X. trunk line 26.60
Residence: Individual line 7.70
Two-party line 5.80
P.B.X. trunk line 9.25
Message rate service
Business individual line 11.40
TEMPORARY FOUR-PARTY LINE SERVICE
In the following exchanges, four-party line service is furnished temporarily at
the following rates, subject to discontinuance and replacement by a standard grade
of service on thirty days' notice to each customer:
Monthly Rate
Creemore, Ont. C.T.C. No. 6973, Dl
Business $4.15
Residence 2.80
Stayner, Ont. C.T.C. No. 6976, Dl
Business 4.55
Residence 2.90
Wasaga Beach, Ont. C.T.C. 6977, Fl
Business 4.55
Residence 2 . 90
428
In the matter of the application of the Municipality of the Village of St. Agapit-
ville, P.Q., dated May 16, 1955, for an Order directing the Canadian
National Railways to repair their viaduct and lateral sidewalks.
File No. 30905
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Heard at:
City of Quebec, P.Q., on Sept. 9th, 1958.
Appearances:
Senator Leon Methot, Q.C., for the Department of Roads,
Province of Quebec.
J. W. G. Macdougall, Q.C., Lionel Cote, Q.C., and Gustave
Garneau, Q.C., for the Canadian National Railways.
Hon. Hughes Lapointe, Q.C., for the Village of St. Agapitville, P.Q.
JUDGMENT
Chase, Commissioner:
In reality, this is an application of the Village of St. Agapitville for an Order
authorizing the reconstruction of the overhead bridge at mileage 11.7, Danville
Subdivision of the Canadian National Railways, and apportioning the costs
thereof.
The matter was heard in the City of Quebec, Province of Quebec, on
September 9th, 1958, and during the hearing Mr. Methot, Counsel for the
Department of Roads of the Province of Quebec, stated:
"I am ready to declare that the Department of Roads will
accept the order given by the Commission and will support the
costs, if there are any, of what the municipality should be
obliged to pay." (See page 6475 of the Transcript.)
The Department of Roads of the Province of Quebec, hereinafter sometimes
referred to as the "Department", submitted a plan and estimates for the recon-
struction of the bridge, amounting to $133,000, and it was further estimated
that it would cost $5,000 to re-locate certain public utilities, plus an amount
of $22,000 to cover the costs of certain expropriations.
The Canadian National Railways, hereinafter sometimes referred to as the
"Railways", submitted another plan, with an estimated cost of $115,000, but
as the Department and the Municipality favoured the first plan and, in view
of the fact that the bridge is being reconstructed in order to facilitate the move-
ment of highway traffic, it was agreed that the plans submitted by the Depart-
ment should be adopted.
With respect to the apportionment of costs, the Department suggested that:
(1) 50% of the cost of the bridge should be paid from the Railway Grade
Crossing Fund.
(2) The Department should pay the costs of expropriations in the estimated
amount of $22,000.
(3) The Public Utilities should pay 50% of the cost of re-location, i.e.,
$2,500.
(4) The Department should pay $23,000 towards the cost of the bridge
structure and 50% of the maintenance of the bridge structure, also
429
the full maintenance costs of the wearing surface of the bridge, the
sidewalks and guard rails; the Railways should pay $46,000.
The contention of the Railways was that their contribution should be
limited to $30,000, and half of the maintenance costs of the bridge structure.
As there is no question with respect to the need of a bigger and stronger
bridge, I would approve of the application and would apportion the costs as
follows:
(1) 50%, not exceeding the sum of $66,500, to be paid from the Railway
Grade Crossing Fund towards the cost of the reconstruction of the
bridge; and 50% of the cost of re-locating the public utilities, not
exceeding the sum of $2,500, to be paid from the Railway Grade
Crossing Fund.
(2) The Department of Roads of the Province of Quebec to pay the sum
of $33,250 towards the reconstruction of the bridge, and to pay all
costs of the expropriations, plus 50% of the maintenance of the bridge
structure and the entire maintenance costs of the wearing surface of
the bridge, sidewalks and guard rails.
(3) The Canadian National Railways to pay the sum of $33,250 towards
the cost of the reconstruction of the bridge, plus 50% of the main-
tenance costs of the bridge structure.
(4) The Public Utilities to pay 50% of the costs of re-location of their
plant.
H. B. CHASE.
Order to issue accordingly.
Oct. 21, 1958.
I concur: A. SYLVESTRE.
430
Order No. 96042
In the matter of the application of the Municipality of the Village of St. Agapit*
ville, in the Province of Quebec, for an Order directing Canadian National
Railways to repair their viaduct and lateral sidewalks:
File No. 30905
Tuesday, the 21st day of October, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sittings of the Board held in the City of
Quebec, Province of Quebec, on September 9, 1958, in the presence of Counsel
for the Department of Roads of the Province of Quebec, Canadian National
Railways and the Village of St. Agapitville; and upon the consent of the Depart-
ment of Roads of the Province of Quebec —
It is hereby ordered as follows:
1. Canadian National Railways are authorized to reconstruct the overhead
bridge at mileage 11.7 Danville Subdivision, in the Province of Quebec, as shown
on Plans Nos. D-12712-1, dated October, 1956, and D-12712-10, dated February,
1957, on file with the Board under file No. 30905.
2. The said overhead bridge shall be reconstructed in accordance with the
provisions of General Order No. 589; detailed plans showing the reconstruction
thereof shall be submitted for the approval of an Engineer of the Board.
3. Fifty per cent of the cost of reconstruction of the said overhead bridge,
not exceeding, however, the sum of $66,500.00, shall be paid out of The Railway
Grade Crossing Fund; $33,250.00 shall be paid each by the Department of Roads
of the Province of Quebec and Canadian National Railways.
4. Fifty per cent of the cost of re-locating the public utilities, not exceeding,
however, the sum of $2,500.00, shall be paid out of The Railway Grade Crossing
Fund, and the remaining fifty per cent of such cost shall be paid by the public
utilities.
5. Fifty per cent of the cost of maintenance of the bridge structure shall be
paid by Canadian National Railways, and the remaining fifty per cent shall be
paid by the Department of Roads of the Province of Quebec who shall, in
addition, bear the entire costs of maintenance of the wearing surface of the
overhead bridge, sidewalks and guard rails.
6. All costs of expropriations shall be paid by the Department of Roads of
the Province of Quebec.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
431
COMMISSION DES TRANSPORTS DU CANADA
Relative a la requite de la Municipalite du village de St-Agapitville (P.Q.),
en date du 16 mai 1955 en vue d'obtenir une ordonnance enjoignant aux
chemins de fer Nationaux du Canada de reparer leur viaduc et leurs
trottoirs lateraux.
Dossier n° 30905
Par-devant:
A. Sylvestre, C.R., commissaire en chef suppliant.
H. B. Chase, C.B.E., commissaire.
Requite entendue a:
Ville de Quebec (P.Q.), le 9 septembre 1958.
Ont comparu:
Le senateur Leon Methot, C.R., pour le ministere de la Voirie
de la province de Quebec.
J. W. G. Macdougall, C.R., Lionel Cote, C.R., et Gustave
Garneau, C.R., pour les chemins de fer Nationaux du Canada.
L'hon. Hughes Lapointe, C.R., pour la ville de St-Agapitville
(P.Q.)
JUGEMENT
Chase, commissaire:
La presente cause est, en realite, une requete du village de St-Agapitville
en vue d'obtenir une ordonnance autorisant la reconstruction du viaduc qui
enjambe la voie ferree au point milliaire 11.7 de la subdivision de Danville
des chemins de fer Nationaux du Canada et repartissant le cout de cette
reconstruction.
La cause a ete entendue dans la ville de Quebec, province de Quebec, le
9 septembre 1958 et, au cours de 1' audience M. Methot, avocat du ministere
de la Voirie de la province de Quebec, a declare:
"Je suis pret a declarer que le ministere de la Voirie acceptera
l'ordonnance qui sera emise par la Commission et suppdrtera
les frais, s'il y en a, que la municipalite pourra etre obligee de
payer." (Voir page 6475 des Temoignages.)
Le ministere de la Voirie de la province de Quebec, ci-apres denomme
parfois le "ministere", a soumis un plan pour la reconstruction du viaduc et
une estimation des frais de cette entreprise qui s'elevent a $133,000, avec une
estimation supplementaire de $5,000 pour deplacer certaines installations de
services d'utilite publique, plus un montant de $22,000 pour payer le cout de
certaines expropriations.
Les chemins de fer Nationaux du Canada, ci-apres denommes parfois les
"chemins de fer", ont soumis un autre plan et une estimation du cout de
l'entreprise qui s'eleve a $115,000; mais, comme le ministere et la municipalite
preferent le premier plan et que le viaduc est reconstruit pour faciliter la cir-
culation des voitures sur le grand chemin, il a ete entendu que le plan propose
par le ministere sera adopte.
Quant a la repartition des frais, le ministere a propose ce qui suit:
(1) 50 p. 100 du cout du viaduc seront payes a meme la Caisse des passages
a niveau des chemins de fer.
(2) Le ministere payera les frais d'expropriation au montant prevu de
$22,000.
432
(3) Les services d'utilite publique payeront 50 p. 100 du cout du deplace-
ment, soit $2,500.
(4) Le ministere payera $23,000 du cout de la structure du viaduc et 50
p. 100 des frais d'entretien de la structure ainsi que le cout total des
frais d'entretien de la surface sujette a l'usure des trottoirs et des
garde-fous; le chemin de fer devra payer $46,000.
Le chemin de fer a pretendu que sa contribution devrait etre limitee a
$30,000 et a la moitie des frais d'entretien de la structure du viaduc.
Comme il est incontestable qu'il faut un viaduc plus considerable et plus
fort, j'approuve la requete et je repartis les frais comme il suit:
(1) 50 p. 100 du cout de la reconstruction du viaduc, mais pas plus que
$66,500, seront payes a meme la Caisse des passages a niveau des
chemins de fer, et 50 p. 100 du cout du deplacement des installations
des services d'utilite publique, mais pas plus de $2,500, seront aussi
payes a meme la Caisse des passages a niveau des chemins de fer.
(2) Le ministere de la Voirie de la province de Quebec devra verser la
somme de $33,250 pour la reconstruction du viaduc et payer tous les
frais d'expropriation, plus 50 p. 100 de l'entretien de la structure du
viaduc et le cout total de l'entretien de la surface du viaduc sujette
a l'usure des trottoirs et des garde-fous.
(3) Les chemins de fer Nationaux du Canada devront verser la somme de
$33,250 pour la reconstruction du viaduc, plus 50 p. 100 des frais
d'entretien de la structure du viaduc.
(4) Les services d'utilite publique devront payer 50 p. 100 du cout du
deplacement de leurs installations.
H. B. CHASE.
Une ordonnance sera emise
en consequence.
21 octobre 1958.
J' agree: A. Sylvestre.
433
ORDONNANCE N° 96042
Relative a la requete de la Municipality du village de St-Agapitville, dans la
province de Quebec, en vue d'obtenir une ordonnance enjoignant aux
chemins de fer Nationtaux du Canada de reparer leur viaduc et leurs
trottoirs lateraux.
Dossier n° 30905.
Mardi 21 octobre 1958.
Hugh Wardrope, C.R., commissaire en chef adjoint.
A. Sylvestre, C.R., commissaire en chef suppliant.
H. B. Chase, C.B.E., commissaire.
Apres l'audition de la requete, au cours de seances de la Commission tenues
dans la ville de Quebec, province de Quebec, le 9 septembre 1958, en presence
des avocats du ministere de la Voirie de la province de Quebec, des chemins de
fer Nationaux du Canada et du village de St-Agapitville et avec le consentement
du ministere de la Voirie de la province de Quebec —
II est par les presentes ordonne ce qui suit:
1. Les chemins de fer Nationaux du Canada sont autorises a reconstruire
le viaduc au point milliaire 11.7 de la subdivision de Danville, dans la province
de Quebec, selon le Plan n° D-12712-1 d'octobre 1956 et le Plan D-12712-10 de
fevrier 1957, verses au dossier n° 30905 de la Commission.
2. Ledit viaduc sera reconstruit conformement aux dispositions de l'ordon-
nance generale n° 589; des plans detailles indiquant la reconstruction dudit
viaduc seront soumis a l'approbation d'un ingenieur de la Commission.
3. Cinquante pour cent du cout de la reconstruction dudit viaduc, mais pas
plus de $66,500 seront payes a meme la Caisse des passages a niveau des chemins
de fer et la somme de $33,250 sera payee par le ministere de la Voirie de la
province de Quebec et une somme egale par les chemins de fer Nationaux du
Canada.
4. Cinquante pour cent du cout du deplacement des installations des services
d'utilite publique, mais pas plus de $2,500, seront payes a meme la Caisse des
passages a niveau des chemins de fer et les autres cinquante pour cent du cout
de ce deplacement seront a la charge des services d'utilite publique.
5. Cinquante pour cent du cout d'entretien de la structure du viaduc seront
payes par les chemins de fer Nationaux du Canada et les autres cinquante
pour cent seront payes par le ministere de la Voirie de la province de Quebec
qui, de plus, devra supporter les frais d'entretien de la surface du viaduc sujette
a l'usure ainsi que les frais d'entretien des trottoirs et des garde-fous.
6. Tous les frais d'expropriation seront a la charge du ministere de la
Voirie de la province de Quebec.
Commissaire en chef adjoint,
Commission des transports du Canada
HUGH WARDROPE.
434
GENERAL ORDER NO. 835
In the matter of tariff mileage distances of licensed water carriers within the
watershed of the Mackenzie River:
File No. 40996.12
Monday, the 20th day of October, A.D. 1958.
Hugh Wardrope, Q.C., Asst. Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Whereas by regulations of the Board licensees are required to publish and
file a tariff entitled "Official Distance Table" containing the exact distance
between each port or place served by such licensees:
And Whereas the Board is of the opinion that, for toll and statistical
purposes, uniform distances between the same ports or places should be so
published and filed by each licensee.
Therefore the Board Orders as follows:
(1) That the Official Distance Tables of licensed water carriers within the
Mackenzie River watershed shall be computed and based upon the
mileage between each port or place as set out in Appendix "B" to this
Order:
(2) That as the necessity arises to compute mileages to or from ports or
places not named in Appendix "B" to this Order, such additional ports
or places shall be reported in detail to the Board with sufficient
information to show the exact location thereof; the Board will then
fix the official mileage to be published:
(3) That, pending the fixing of the official mileage as stated in the next
preceding paragraph, the licensee is hereby authorized to compute the
mileage between ports or places named in Appendix "B" hereto and
ports and places not so named by the following methods:
By scaling on Dominion Government maps or charts the distances by the
most direct navigable route:
(a) In river channels:
To the nearest port or place in each direction named in Appendix "B"
to this Order:
(b) On lakes:
To the nearest port or place named in Appendix "B" to this Order in
the line of route to the ultimate destination.
Fractional mileages obtained by this method are to be brought to the
nearest whole number and are to be added to or deducted from, as the case
may be, the mileage stated in the Official Distance Table of the licensee.
When mileage is required between two ports or places neither of which is
named in Appendix "B" to this Order, and the computation of such distance
does not involve the use of paragraphs (a) and (b) of this Section, the distances
shall be scaled between such unnamed ports or places by the most direct
navigable route.
435
And it is ordered further that nothing contained in this Order shall be
interpreted as fixing the routes for the actual navigation of vessels between
ports or places in the area referred to.
Order No. 68549, dated January 31, 1947; Order No. 70449, dated April 1,
1948; Order No. 76199, dated March 3, 1951; Order No. 86149, dated May 9, 1955;
and Order No. 88654, dated April 23, 1956, are hereby rescinded.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
436
APPENDIX "A"
OFFICIAL MILEAGES— MACKENZIE RIVER WATERSHED
Alphabetical list of points from and to which mileages are prescribed,
showing geographical list Section numbers.
Points Section No.
Aklavik, N.W.T 7
Aklavik East 3, N.W.T 7
Allain's Landing, Alta., (See White Mud, Alta.) 11
Anderson Landing, N.W.T 6
Arctic Red River, N.W.T 6, 7
Armstrong, Alta 11
Athabasca River, Alta. (Junction-Lake Athabasca) 1, 2
Axe Point, (Mills Lake), N.W.T 6
Bear River Rapids (foot), N.W.T 9
Bear River Rapids (head), N.W.T 9
Bear Island, Alta 4
Bear Island, N.W.T 6
Beauchamp, Alta 11
Beaver Lodge Lake, Sask 12
Beaver Lodge Lake Portage, Sask 12
Bell Rock, N.W.T 4
Big Eddy, N.W.T 4
Bitumount, Alta 1
Blackwater River, N.W.T 6
Boreal Mine, N.W.T 5
Boyer Rapids (foot), N.W.T 9, 11
Boyer Rapids (head), N.W.T 9, 11
Bushell, Sask 2
Cadotte River, Alta 11
Camsell Portage, Sask. 2
Carcajou, (Keg River Landing), Alta 11
Carcque, N.W.T 6
Caribou Island, Alta 4
Champagne, Alta 11
Chipewyan, (Fort Chipewyan), Sask 2, 4
Coal Mine, N.W.T 6
Dennison Landing, Alta 11
Dry Island, N.W.T 6
Embarras Airport, Alta 1
Embarras Portage, Alta 1
Fifth Meridian, Alta 11
Firebag, Alta 1
Fish Hook Bay, Sask 2
Fitzgerald, (Fort Fitzgerald), Alta 4
Fond du Lac, Sask 2, 3
Fort Chipewyan, Sask 2, 4
Fort Fitzgerald, N.W.T 4, 9, 10
Fort Franklin, N.W.T 9, 10
Fort Good Hope, N.W.T 6
Fort Liard, N.W.T 8
Fort McKay, N.W.T 1
Fort McMurray, Alta 1
Fort McPherson, N.W.T 7
Fort Nelson, N.W.T 8
Fort Norman, N.W.T 6, 9
437
Points Section No.
Fort Providence, N.W.T 6
Fort Rae, N.W.T 5
Fort Reliance, N.W.T 5
Fort Resolution, N.W.T 5
Fort Simpson, N.W.T 8
Fort Smith, N.W.T 4
Fort Vermilion, N.W.T 11
Fort Wrigley, N.W.T 6
Frank Channel 5
Franklin, (Fort Franklin), N.W.T 9, 10
Glasier Landing, Alta 11
Goldfields, Sask 2, 12
Good Hope, (Fort Good Hope), N.W.T 6
Government Air Base, Sask 4
Government Hay Camp, Sask 4
Gravel River, N.W.T 6
Gunnar Dock, Sask 2
Hay Island, Alta 4
Hay River, N.W.T 5
Head of the Line, N.W.T 6
Herbisons, Alta 11
Inuvik, N.W.T. (see Aklavik East 3, N.W.T.) 7
Jackfish Creek, Alta 1, 11
Johnson's Landing, Alta 4
Jones Landing, N.W.T 6
Junction — Lake Athabasca- Athabasca River, Alta 1, 2
Junction — Great Slave Lake, N.W.T 4
Junction — Slave River, N.W.T 5
Keg River Landing, Alta. (See Carcajou, Alta.) 11
Keplers Landing, Alta 11
La Butte, Alta 4
La Crate Landing, Alta 11
Lake Athabasca-Junction, Alta 1
Landry River, N.W.T 4
Lehmans, Alta 1
Liard, (Fort Liard), N.W.T 8
Little Rapids, Alta 4
Lodge Bay, Sask 2, 12
Martin River, N.W.T 6
McConnell Island (foot of), N.W.T 4
McKay, (Fort McKay), N.W.T 1
McMurray, (Fort McMurray), Alta 1
McPherson, (Fort McPherson), N.W.T 7
Meridian Island, N.W.T 6
Mills Lake, N.W.T. (See Axe Point) 6
Moore Island, Alta 11
Mouth of Peace River, Alta 4, 11
Nagle's Snye— Old Fort, N.W.T 4
Nelson, (Fort Nelson), N.W.T 8
Nelson Forks, N.W.T 8
New Chicago, N.W.T , 6
Norman, (Fort Norman), N.W.T 6
Norman Wells, N.W.T 6
North Nahanni, N.W.T 6
438
Points Section No.
Ogilvie Island, N.W.T 6
Peace Point, Alta 11
Peace River, Alta '.WW' 11
Peace River, (mouth of), Alta 4, 11
Peel River, N.W.T 7
Pine Point, N.W.T 5
Pipe Cache, N.W.T 6
Point Brule, Alta 1
Point Providence, Alta 11
Point Separation, N.W.T 7
Poplar Point, Alta 1
Port Brabant, (Tuktuk), N.W.T 7
Port Radium, N.W.T 10
Providence, (Fort Providence), N.W.T 6
Rae, (Fort Rae), N.W.T 5
Red River Post, Alta 11
Reindeer Station, N.W.T 7
Reliance, (Fort Reliance), N.W.T 5
Resdelta, N.W.T 4
Resolution, (Fort Resolution), N.W.T 5
Riley, Alta 11
River Marie, N.W.T 6
Rocher River, N.W.T 5
Round Island, N.W.T 6
Ryan's Hay Camp, Alta 4
Saline, Alta 1
Sans Sault Rapids, N.W.T 6
Sherwood's Sawmill, N.W.T 6
Simpson, (Fort Simpson), N.W.T 6
Slave River — Junction, N.W.T 5
Sled Island, Alta 1
Snowdrift, N.W.T 5
South Nahanni, N.W.T 8
Stoney Rapids, Sask 3
Tar Island, Alta 1, 11
Tar River, Alta 1
Thunder River, N.W.T 6
Tompkins Landing, Alta 11
Traviar River, N.W.T 6
Tree River, N.W.T 6
24th Base Line, Alta 1
27th Base Line, Alta 1
30th Base Line, Alta 4
Tuktoyyaktuk, N.W.T. (see Port Brabant) 7
Vermilion, (Fort Vermilion), Alta 11
Vermilion Chutes, Alta 11
Ward's Landing, Alta 11
Waterways, Alta 1
Whitefish Creek, Alta 1
White Mud, (Allain's Landing), Alta 11
Willows, Alta 1
Wrigley, (Fort Wrigley), N.W.T 6
Wrigley Harbour, N.W.T 5, 6
Yellowknif e, N.W.T 5
439
Appendix "B"
OFFICIAL MILEAGES— MACKENZIE RIVER WATERSHED
Section
No. From To Miles
1. ATHABASCA RIVER:
Waterways, Alta. McMurray, Fort, Alta 3
Lehmans, " 9
Tar Island, " 24
24th Base Line, " 25
Saline, " 28
McKay, Fort, " 37
Tar River, " 47
Bitumount, " 51
Sled Island, " 67
Firebag, " 80
Poplar Point, " 91
Point Brule, " 101
27th Base Line, " 106
Embarras Airport, " 115
Embarras Portage, " 139
Whitefish Creek, " 148
Jackfish Creek, " 162
Willows, " 179
JUNCTION-LAKE
ATHABASCA, " (2) 180
(Approx: Lat. 58°37'10"N.
Long. 110°47'40"W.)
2. LAKE ATHABASCA:
Junction-Athabasca River,
Alta. (1) Bushell, Sask 93
Camsell Portage, " 93
CHIPEWYAN, FORT, Alta. (4) 20
FOND DU LAC, Sask. (3) 149
Goldfields, " 109
LODGE BAY, " (12) 108
Gunnar Dock, " 84
Fish Hook Bay " Ill
Camsell Portage, Sask. Bushell, " 28
CHIPEWYAN, FORT, Alta. (4) 96
FOND DU LAC, Sask. (3) 92
Goldfields, " 53
LODGE BAY, " (12) 52
Gunnar Dock, " 36
Fish Hook Bay, " 48
Chipewyan, Fort, Alta. (4) Bushell, " 104
FOND DU LAC, " (3) 153
Goldfields, " 114
LODGE BAY, " (12) 113
Gunnar Dock, " 95
Fish Hook Bay, " 114
Fond du Lac, Sask. (3) Bushell, " 79
Goldfields, " 49
LODGE BAY, " (12) 51
Gunnar Dock, " 61
Fish Hook Bay, " 47
440
Appendix "B"
Section
No. From To Miles
2. LAKE ATHABASCA (Continued)
Bushell, Sask. Goldfields, Sask 34
LODGE BAY, " (12) 34
Gunnar Dock, " 18
Fish Hook Bay, " 38
Lodge Bay, Sask. (12) Gunnar Dock, " 16
Fish Hook Bay, " 7
3. FOND DU LAC RIVER:
Fond du Lac, Sask. (2) Stoney Rapids, Sask 50
4. SLAVE RIVER:
Chipewyan, Fort, Alta. (2) Little Rapids, Alta 21
PEACE RIVER,
(MOUTH OF), " (11) 32
30th Base Line, " 41
Johnson's Landing, " 48
Bear Island, " 52
Ryan's Hay Camp, " 56
La Butte, " 66
Government Hay Camp, " 70
Caribou Island, " 91
Government Air Base, " 95
Hay Island, " 98
Fitzgerald, Fort, " 102
Fort Smith, N.W.T 118
Bell Rock, " 127
Landry River, " 210
McConnell Island,
(foot of) " 240
Nagle's Snye-Old Fort, " 275
Big Eddy, " 282
Resdelta, " 290
JUNCTION GREAT
SLAVE LAKE, " (5) 298
(Approx: Lat. 61°20'00"N,
Long. 113°36'10"W.)
5. GREAT SLAVE LAKE:
Junction- Slave River,
N.W.T. (4) Boreal Mine, N.W.T 109
Frank Channel, " 130
Hay River, " 83
Pine Point, " 43
Rae, Fort, " 135
Reliance, Fort, " 234
Resolution, Fort, " 25
Rocher River, " 43
Snowdrift, " 135
WRIGLEY HARBOUR, " (6) 104
Yellowknife, " 83
441
Appendix "B"
Section
5. GREAT SLAVE LAKE (Continued)
Boreal Mine, N.W.T. Frank Channel, N.W.T 161
Hay River, " 168
Pine Point, " 146
Rae, Fort, " 166
Reliance, Fort, " 126
Resolution, Fort, " 128
Rocher River, " 83
Snowdrift, " 48
WRIGLEY HARBOUR, " (6) 181
Yellowknife, " 108
Hay River, N.W.T. Frank Channel, N.W.T 166
Pine Point, " 52
Rae, Fort, " 171
Reliance, Fort, " 293
Resolution, Fort, " 74
Rocher River, " 119
Snowdrift, " 212
WRIGLEY HARBOUR, " (6) 34
Yellowknife, " 126
Pine Point, N.W.T. Frank Channel, N.W.T 142
Rae, Fort, N.W.T. Frank Channel, N.W.T 6
Pine Point, " 148
Reliance, Fort, " 291
Resolution Fort, " 146
Rocher River, " 159
Snowdrift, " 213
WRIGLEY HARBOUR, " (6) 183
Yellowknife, " 82
Reliance, Fort, N.W.T. Frank Channel, " 286
Pine Point, " 271
Resolution, Fort, " 253
Rocher River, " 208
Snowdrift, " 154
WRIGLEY HARBOUR, " (6) 306
Yellowknife, " 233
Resolution, Fort, N.W.T. Frank Channel, " 141
Pine Point, " 22
Rocher River, " 61
Snowdrift, " 153
WRIGLEY HARBOUR, " (6) 98
Yellowknife, " 97
Rocher River, N.W.T. Frank Channel, " 154
Pine Point, " 79
Snowdrift, " 109
WRIGLEY HARBOUR, " (6) 139
Yellowknife, " 104
Snowdrift, N.W.T. Frank Channel, " 208
Pine Point, " 171
WRIGLEY HARBOUR, " (6) 228
Yellowknife, " 155
Wrigley Harbour, Frank Channel, " 178
N.W.T. (6) Pine Point, " 78
Yellowknife, " 138
Yellowknife, N.W.T. Frank Channel, " 77
Pine Point, " 101
442
Appendix "B"
Section
No. From To Miles
6. MACKENZIE RIVER:
Wrigley Harbour, Providence, Fort, N.W.T 46
N.W.T. (5) Meridian Island, " 60
Pipe Cache, " 74
Axe Point, (Mills Lake), " 86
Head of the Line, " 136
River Marie, " 161
SIMPSON, FORT, " (8) 204
Martin River, " 213
North Nahanni, " 277
Round Island, " 293
Jones Landing, " 321
Wrigley, Fort, " 356
Blackwater River, " 407
Gravel River, " 454
Dry Island, " 466
Sherwood's Sawmill " 478
Wrigley Harbour, Coal Mine, N.W.T 486
N.W.T. (5) NORMAN, FORT, " (9) 506
Norman Wells, " 557
Bear Island, " 559
Ogilvie Island, " 575
Sans Sault Rapids, " 626
Good Hope, Fort, " 677
Anderson Landing, " 732
Carcque, " 754
New Chicago, " 766
Traviar River, " 779
Thunder River, " 813
Tree River, " 843
ARCTIC RED RIVER, " (7) 891
7. MACKENZIE RIVER DELTA:
Arctic Red River, Aklakik, N.W.T 100
N.W.T. (6) McPherson, Fort, " 55
Peel River, " 27
Point Separation, " 15
Port Brabant, (Tuk Tuk), " 197
Reindeer Station, " 108
Aklavik East 3, " 117
Aklavik, N.W.T. McPherson, Fort, " 96
Peel River, " 73
Point Separation, " 85
Port Brabant,
(Tuk Tuk), " 179
Reindeer Station, " 90
Aklavik East 3, " 99
McPherson, Fort, N.W.T. Peel River, " 28
Point Separation, " 40
Port Brabant,
(Tuk Tuk), " 204
Reindeer Station, " 115
Aklavik East 3, " 124
443
Appendix "B"
Section
No. From To Miles
7. MACKENZIE RIVER DELTA (Continued)
Peel River, N.W.T. Point Separation, " 12
Port Brabant,
(Tuk Tuk), " 176
Reindeer Station, " 87
Aklavik East 3, " 96
Point Separation, N.W.T. Port Brabant,
(Tuk Tuk), " 182
Reindeer Station, " 93
Aklavik East 3, " 102
Port Brabant, (Tuk Tuk), Reindeer Station, " 89
N.W.T. Aklavik East 3, " 109
8. LIARD RIVER:
Simpson, Fort, N.W.T. (6) South Nahanni, N.W.T 117
Liard, Fort, " 208
Nelson Forks, " 272
Fort Nelson, " 367
9. GREAT BEAR RIVER:
Norman, Fort, N.W.T. (6) Bear River Rapids,
(Foot), N.W.T 31
Bear River Rapids,
(Head), " 39
FRANKLIN, FORT, " (10) 77
10. GREAT BEAR LAKE:
Franklin, Fort, N.W.T. (9) Port Radium, N.W.T 170
11. PEACE RIVER:
Peace River, Alta. Champagne, Alta 12
Riley, " 12
Glasier Landing, " 15
Tar Island, " 25
White Mud, (Allain's
Landing), " 35
Cadette River, " 42
Beauchamp, " 42
Herbisons, " 55
Dennison Landing, " 58
Kepler's Landing, " 97
Carcajou, (Keg River
Landing), " 157
Armstrong, " 161
Tompkins Landing, " 173
Lacrate Landing, " 204
Ward's Landing, " 237
Vermilion, Fort, " 256
Vermilion Chutes, " 307
444
Appendix "B
Section
No. From To Miles
11. PEACE RIVER (Continued)
Peace River, Moore Island, " 18
(Mouth of), Alta. (4) Point Providence, " 36
Peace Point, " 67
Boyer Rapids, (Foot), " 77
Boyer Rapids, (Head), " 82
Jackfish Creek, " 88
Fifth Meridian, " 162
Red River Post, " 197
Vermilion Chutes, " 201
12. BEAVER LODGE LAKE:
Lodge Bay, Sask. (2) Goldfields, Sask 3
Beaver Lodge Lake
Portage, " 1
Beaver Lodge Lake, " 9
Explanatory Notes:
Numbers in parenthesis following names of certain places indicate the connecting
section for computing through mileage.
Names of ports or places shown herein are those furnished by the carriers as
designating places to or from which traffic is carried, and are located as marked on
maps by such carriers. Distances have been scaled on such maps via the most direct
courses from place to place.
In river channels, places are arranged geographically with mileage from one point
only. To obtain mileage between places in such channels simply deduct the smaller
mileage from the greater; i.e., Section 1, McKay to Bitumount, 51 less 37, equals 14
miles.
On lakes, distances are computed from place to place via the most direct course.
Mileage to or from un-named points on such lakes must be scaled on the map.
Mileage between points located in different sections may be obtained by com-
puting the distance in each section and adding the result, i.e., Bitumount to Liard: —
Section 1 Waterways to Junction, Lake Athabasca 180
" Bitumount 51
Bitumount to Junction Section 2 129
Section 2 Junction, Section 1 to Chipewyan 20
Section 4 Chipewyan — Junction Section 5 298
Section 5 Junction Section 4 — Wrigley Harbour 104
Section 6 Wrigley Harbour — Simpson 204
Section 8 Simpson-Liard 208
Total 963
445
GENERAL ORDER NO. 836
In the matter of Regulations for the Transportation of Explosives and Other
Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717-B
Friday, the 31st day of October, A.D. 1958
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
1. The attached regulations entitled "Regulations for the Transportation of
Dangerous Commodities by Rail", on file with the Board under file No. 1717-B,
marked "D", are prescribed and apply to all railway and express companies
subject to the jurisdiction of the Board which accept explosives and other
dangerous articles for carriage.
2. The said regulations shall come into force on March 1, 1959.
3. Upon the coming into force of the said regulations, General Orders
No. 779, dated January 9, 1953, No. 825, dated November 16, 1956, No. 827,
dated March 28, 1957, and No. 831, dated February 18, 1958, are rescinded.
HUGH WARDROPE,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
446
ORDER No. 96348
In the matter of the application of the Corporation of the City of Calgary,
Alberta, hereinafter called the "Applicant", for an Order authorizing
the reconstruction of the Alyth Bridge over the tracks of the Canadian
Pacific Railway Company, in the City of Calgary, Alberta, as shown on
Plans Nos. 818-1, 818-2 A, 818-3 to 818-25, inclusive, all dated February,
1957, on file with the Board under file No. 15542:
And in the matter of Order No. 94184, dated April 23, 1958:
File No. 15542
Friday, the 21st day of November, A.D. 1958
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sitting of the Board held at Calgary,
Alberta, on February 27, 1958, in the presence of Counsel for the City of
Calgary, the Canadian Pacific Railway Company and the Canadian National
Railways; and upon the submissions filed by the Applicant and the Canadian
Pacific Railway Company following an amendment to section 265 of the
Railway Act, being ch. 40* of 7 Eliz. II of the Statutes of Canada 1958—
It is hereby ordered as follows:
Order No. 94184 is rescinded and the following substituted therefor:
"1. The Applicant is authorized to reconstruct the Alyth Bridge over
the tracks of Canadian Pacific Railway Company in the City of Calgary,
Alberta, as shown on the said plans on file with the Board under file
No. 15542.
2. Fifty per cent of the cost of reconstruction of the said bridge, not
exceeding, however, the sum of $250,000.00, shall be paid out of The
Railway Grade Crossing Fund; $51,530.74 shall be paid by Canadian
Pacific Railway Company, and the remainder of such cost shall be borne
and paid by the Applicant.
3. The said bridge shall be reconstructed in accordance with the
provisions of General Order No. 589.
4. The cost of maintenance of the said structure shall be borne and
paid $100.00 annually by Canadian Pacific Railway Company and the
remainder of such cost shall be paid by the Applicant."
ROD KERR,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
447
ORDER No. 96358
In the matter of the application of Canadian National Railway Company,
hereinafter called the "Applicant", for an Order authorizing the dis-
continuance of commuter service operated between Quebec City and
St-Joachim, P.Q., on the Montmorency Subdivision, a distance of 25.1
miles:
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
File No. 27563.381
Monday, the 24th day of November, A.D. 1958
Upon hearing the application of a sittings of the Board at Quebec, P.Q.,
on the 9th day of September, 1958, in the presence of Counsel for Canadian
National Railway Company, the Municipalities of Boischatel, Ange-Gardien,
Chateau Richer, Ste-Anne de Beaupre, Ste-Anne Village, St-Joachim, St-Tite
des Caps and St-Fereol and other parties; and upon consideration of the sub-
missions on file and for reasons which will be given in a written judgment at
a later date —
It is hereby ordered as follows:
1. The Applicant is authorized to wholly discontinue the commuter service
at present provided between Quebec City and St-Joachim, P.Q., on its Mont-
morency Subdivision.
2. The discontinuance authorized in paragraph numbered one hereof shall
not take effect before sixth days after public notice of such discontinuance has
been given by the Applicant; such notice to consist of one publication
in one English newspaper and one publication in one French newspaper
published in the City of Quebec, and one publication in each daily newspaper,
if any, published in the municipalities presently served by the Applicant. In
addition to the newspaper notices the Applicant shall post in all ticket offices
and stations on the said line the following notice:
"The commuter service at present provided between Quebec City and
St-Joachim, P.Q., and all intermediate points on the said line will be
discontinued effective 1959."
A copy of such notice shall be forwarded to the Director of Operation of
the Board.
ROD KERR,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
448
ORDONNANCE N° 96358
In re requite des Chemins de fer Nationaux du Canada, ci-apres appeles les
"Requerants", demandant qu'une Ordonnance soit emise autorisant la
discontinuation du service de banlieue exploite entre la cite de Quebec
et St-Joachim, P.Q., sur la subdivision Montmorency, une distance de
25.1 milles:
Dossier n° 27563.381
Lundi, le 24ieme jour de novembre, A.D. 1958
Rod Kerr, C.R., Commissaire en chef adjoint.
A. Sylvestre, C.R., Commissaire en chef suppleant.
H. B. Chase, C.B.E., Commissaire.
La Commission,
Apres avoir entendu la requete a une audition tenue a Quebec, P.Q., le
9 septembre 1958, en presence des avocats des Chemins de fer Nationaux du
Canada, des municipalities de Boischatel, Ange-Gardien, Chateau-Richer, Ste-
Anne-de-Beaupre, du village de Ste-Anne, St-Joachim, St-Tite-des-Caps et
St-Fereol et autres et apres avoir considere les representations au dossier, et
pour les raisons et motifs qui seront enonces dans un jugement qui sera rendu
a une date ulterieure —
Ordonne comme suit:
1. Les Requerants sont autorises a discontinuer entierement le service
de banlieue presentement exploite entre la cite de Quebec et St-Joachim, P.Q.,
sur leur subdivision Montmorency.
2. La discontinuation du service autorise au paragraphe 1 de la presente
ordonnance ne deviendra pas en vigueur avant soixante jours apres qu'un avis
public de telle discontinuation aura ete donne par les Requerants; tel avis
devra etre publie une fois dans un journal de langue anglaise et dans un
journal de langue francaise de la cite de Quebec, ainsi que dans chaque journal
quotidien, s'il y en a, des municipalites presentement desservies par les
Requerants. En plus des avis publies dans les journaux les Requerants devront
afficher dans tous les bureaux preposes a la vente des billets et dans toutes les
gares de ladite ligne de chemin de fer l'avis suivant:
"Le service de banlieue fourni entre Quebec et St-Joachim, P.Q., et a
tous les points intermediaires de ladite ligne, sera discontinue effectif
le 1959."
Copie de tel avis devra etre adressee au Directeur du service d'exploitation
de la Commission.
ROD KERR,
Commissaire en chef adjoint,
La Commission des Transports du Canada.
449
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
SEPTEMBER, 1958.
Railway Accidents 184 Killed 14 Injured 200
Level Crossing Accidents ... 38 Killed 15 Injured 52
Total 222 29 252
Killed Injured
Passengers 1 45
Employees 3 146
Others 25 61
Total 29 252
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Nova Scotia
2 1 Automobile struck by train. Licence: Ont. 553-992.
1 — Automobile struck by train. Licence: N.S. 491-92.
Quebec
— 1 Automobile struck by train. Licence: Que. 206429.
— 1 Automobile ran into side of train. Licence not given.
— 1 Automobile struck by train. Licence: Que. 694631.
— 3 Automobile struck by train. Licence: Que. 3-173.
— 5 Automobile ran into side of train. Licence: N.B. 95888.
— 1 Automobile ran into side of train. Licence: Que. 505429.
— 3 Automobile struck by train. Licence: Que. 456-841.
Ontario
1 — Pedestrian struck by train.
— 2 Automobile ran into side of train. Licence: Ont. 480-796.
— 1 Automobile ran into side of train. Licence: Ont. 825-551.
— 1 Automobile struck by train. Licence: Ont. A-67444.
— 4 Auto truck struck by train. Licence: Ont. 27344-P.
— 1 Auto truck ran into side of train. Licence: Ont. 53176-A.
— 1 Automobile struck by train. Licence: Ont. 521-093.
1 5 Automobile ran into side of train. Licence: Ont. 947-569.
— 1 Automobile struck by train. Licence: Ont. H-11274.
— 1 Automobile ran into side of train. Licence: Ont. 207-188.
1 — Auto truck struck by train. Licence: Ont. 95084-B.
— 2 Automobile struck by train. Licence: Ont. H-12360.
— 1 Automobile struck by train. Licence: Ont. J-68233.
— 1 Automobile struck by train. Licence: Ont. 14299-D.
— 1 Automobile ran into side of train. Licence: Ont. 740-437.
1 1 Automobile struck by train. Licence: Ont. 636-877.
— 1 Automobile struck by train. Licence: Ont. 581-142.
1 — Automobile struck by train. Licence: Ont. 809-488.
1 1 Automobile struck by train. Licence: Ont. 521-346.
Manitoba
— 1 Bakery truck ran into side of track motor car. Licence: Man. CT-120.
— 2 Automobile ran into side of train. Licence: 4-K-603.
450
Killed Injured
Saskatchewan
4 — Automobile struck by train. Licence: Sask. 106-628.
1 1 Auto truck struck by train. Licence: Sask. 538-381.
— 1 Auto truck struck by train. Licence: Sask. F-26-705.
Alberta
1 Automobile struck by train. Licence: Alta. HI-185.
2 Automobile struck by track motor car. Licence: Alta. VA-017.
British Columbia
1 Automobile struck by train. Licence not given.
1 Automobile ran into side of train. Licence: B.C. 341-043.
1 Automobile struck by train. Licence: Calif. LFS-596.
Of the 38 accidents at highway crossings, 30 occurred at unprotected crossings,
8 at protected crossings, 21 occurred after sunrise and 17 after sunset.
Ottawa, Ontario, November 14, 1958.
451
SUMMARY OF ORDERS ISSUED BY THE BOARD
96167 Nov. 3 — Approving application of the County of Wellington, Ont., for the
installation of automatic protection at crossing of the C.N.R. and
Suburban Road No. 62 near Marden, Ont., Mileage 34.02 Fergus
Subd.
96168 Nov. 3 — Approving application of the Co. of Lennox and Addington, Ont., for
installation of automatic protection at crossing of the C.P.R. and
County Road No. 14, Mileage 60.91 Belleville Subd.
96169 Nov. 3 — Approving application of the C.N.R. for the installation of improved
protection at crossing of its railway and St. Albert St., Village of
Casselman, Ont., Mileage 104.45 Alexandria Subd.
96170 Nov. 3 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 46.86 Alexandria Subd., P.Q.
96171 Nov. 3 — Approving application of the County of Simcoe, for the installation
of automatic protection at crossing of the C.P.R. and County Road,
north of Baxter Station, Ont., Mileage 51.85 MacTier Subd.
96172 Nov. 3 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 10 at Ashville, Man., Mileage 11.27
Togo Subd.
96173 Nov. 3 — Approving application of the County of Simcoe to install automatic
protection at crossing of the C.P.R. and County Road north of
Alliston, Ont., Mileage 49.0 MacTier Subd.
96174 Nov. 3 — Approving plan submitted by the C.N.R. showing the protection at
crossing of Highway No. 39 (Tecumseh Road) and Chrysler spur,
Twp. of Sandwich East, Ont.
96175 Nov. 3 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Cie de Telephone de L'Avenir.
96176 Nov. 3 — Authorizing the Co. of Lanark, Ont., to relocate Highway No. 3A
where it crosses the C.P.R. near Perth, Ont.
96177 Nov. 3 — Authorizing the Twps. of Alfred and Caledonia, Ont., to construct
the highway over the C.P.R. at Mileage 42.71 Montreal and Ottawa
Subd.
96178 Nov. 3 — In the matter of application of Trans-Canada Pipe Lines Limited on
behalf of the Northern Ontario Pipe Line Crown Corp. for an order
approving plan, and amending the said Order No. 93331.
96179 Nov. 4 — Authorizing the N.Y.C. Railroad Company to operate its trains over
the lift span in the Valleyfield Bridge crossing of the Beauharnois
Canal, Soulanges Section of the St. Lawrence Seaway, P.Q.
96180 Nov. 4 — Authorizing the N.Y.C. Railroad Company to operate its trains over
the swing span of the Melocheville Bridge over the Beauharnois
Canal, Soulanges Section of the St. Lawrence Seaway at Meloche-
ville, P.Q.
96181 Nov. 6 — Authorizing the Chesapeake & Ohio Railway to construct a service
track over Highway No. 40 in the City of Sarnia, Ontario, and to
construct a siding over Highway No. 40, in Sarnia, to serve Dow
Chemical of Canada Limited.
96182 Nov. 6 — Granting the C.N.R. an extension of time within which to install
automatic protection at crossing of their railway and Peppett St.
in the Town of North Sydney, N.S.
96183 Nov. 6 — Authorizing the C.P.R. to reconstruct the subway at the crossing
of its railway and Salaberry St. in Megantic, P.Q-, Mileage 116.96
Moosehead Subd.
96184 Nov. 6 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Galloway Road, east of the station at Scar-
borough, Ont., Mileage 320.95 Oshawa Subd.
96185 Nov. 6 — Authorizing the Ontario Dept. of Highways to construct the high-
way over the C.N.R. in Lot 6, Con. 3, Twp. of Hutton, District of
Sudbury, Ont., Mileage 2.98 on the spur track leading off the Ruel
Subd. of the C.N.R.
96186 Nov. 6 — Authorizing the C.N.R. to operate under the overhead bridge in
Lot 5, Con. 2, Murray Twp., Ontario, Mileage 2.2 Maynooth Subd.
452
96187 Nov. 6 — Amending Order No. 95648 which authorized the City of Montreal
to construct Western Ave. over the C.P.R. by means of a subway,
in the City of Montreal, P.Q.
96188 Nov. 6— Amending Order 93081 in the matter of the application of the C.P.R.
for authority to operate over the tracks joining those of the Pacific
Great Eastern Railway Company in North Vancouver, B.C.
96189 Nov. 6 — Authorizing the Montreal-Laurentian Autoroute Board to construct
the highway over the pipe line of Trans Northern Pipe Line Com-
pany in Lot 75, Co. of Laval, P.Q.
96190 Nov. 6 — Requiring the C.N.R. to install automatic protection at McGuires
Crossing and their railway, Mileage 16.02 Bedford Subd., N.S.
96191 Nov. 6 — Authorizing the Township of North York to construct a concrete
sewer pipe across and under the pipe line of Trans-Northern Pipe
Line Company in Lots 19 and 20, Con. 2, E.Y.S. Twp. of North York,
Ont.
96192 Nov. 6— Rescinding Order No. 58813 in the matter of plan submitted by
The British American Oil Company Limited, showing location of
facilities for storage of flammable liquids at Adelaide St., London,
Ont.
96193 Nov. 6— Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
96194 Nov. 6 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Emerson Subd., Man.
96195 Nov. 6 — Approving revised plan submitted by the C.N.R. showing the pro-
tection as installed at crossing of its railway and Kennedy Road in
Brampton, Ont., Mileage 20.17 Brampton Subd.
96196 Nov. 6 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Lacombe Subd., Alta.
96197 Nov. 6 — Rescinding Order 67075 which approved plan submitted to the
C.N.R. by The Good Rich Refining Company Limited, showing loca-
tion of facilities for handling and storage of flammable liquids at
London, Ont.
96198 Nov. 7 — Authorizing the C.N.R. to remove the caretaker at Colgate, Sask.
96199 Nov. 6 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Prov. Highway No. 17, second crossing north of
station at Coniston, Ont., Mileage 110.4 Sudbury Subd.
96200 Nov. 6 — Authorizing the C.N.R. to retire the station building and erect a
freight and passenger shelter in lieu thereof at Decker Lake, B.C.
96201 Nov. 6 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of the C.N.R. and Mutual St., Inger-
soll, Ont., Mileage 58.7 Dundas Subd.
96202 Nov. 6 — Authorizing the United Suburban Gas Company Limited to con-
struct a gas main over the pipe line of the Inter-Provincial Pipe Line
Company between Lots 25 and 26, Con. 1 South of Dundas St., in the
Twp. of Trafalgar, Ont.
96203 Nov. 7 — Approving application of the Esquimalt and Nanaimo Railway
(C.P.R.) for approval of location of facilities for the storage of
liquefied petroleum gas at Wellington, B.C., Mileage 77.3 Victoria
Subd.
96204 Nov. 7 — Approving proposed location of facilities of Imperial Oil Limited for
the handling and storage of flammable liquids at Alsask, Sask.,
Mileage 44.07 Oyen Subd.
96205 Nov. 7 — Approving proposed location of facilities of North Star Oil Limited,
for the handling and storage of flammable liquids at Roblin, Man.,
Mileage 62.6 Togo Subd.
96206 Nov. 7 — Approving proposed location of facilities of W.S. Rogers and Com-
pany for the handling and storage of flammable liquids at Fort
Langley, B.C.
96207 Nov. 7 — Approving proposed location of facilities of Devon Palmer Oils
Limited for the handling and storage of flammable liquids at
Chauvin, Alta., Mileage 106.6 Unity Subd.
453
96208 Nov. 7 — Reinstating Order No. 64095, dated October 15, 1943, in respect of
facilities of the Dept. of National Defence, Naval Services, for the
handling and storage of flammable liquids at Morse Creek, Prince
Rupert, B.C.
96209 Nov. 7 — Authorizing the removal of the speed restriction at crossing of the
C.P.R. and Keewatin St., Winnipeg, Man., Mileage 3.1 Carberry
Subd.
96210 Nov. 7 — Approving facilities of McColl-Frontenac Oil Company Limited, for
the handling and storage of flammable liquids at Sault Ste. Marie,
Ont.
96211 Nov. 7 — Authorizing the Ontario Dept. of Highways to construct its highway
over the C.N.R. in Lot 10, Con. 10, Twp. of Monaghan, Co. of
Peterborough, Ont., Mileage 10.48 Lakefield Subd.
96212 Nov. 7 — Authorizing the Manitoba Dept. of Public Works to install automatic
protection at the crossing of the highway and the C.P.R. at Morden,
Man., Mileage 80.4 LaRiviere Subd.
96213 Nov. 7 — Authorizing the removal of the speed limitation at the crossing
of the C.P.R. and Highway No. 98, Mileage 43.04 Teeswater Subd.,
Ont.
96214 Nov. 7 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. at Mileage 13.61 Gait Subd., Ont.
96215 Nov. 7 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and the highway at Mileage 62 Okanagan Subd., B.C.
96216 Nov. 7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing west of station
at St. Pauls, Ont., Mileage 5.32 Thorndale Subd.
96217 Nov. 7 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and the C.P.R. and Haines Road in the Twp. of Toronto,
Ont., Mileage 13.62 Gait Subd.
96218 Nov. 10 — Authorizing the C.P.R. to operate over the bridge at Mileage 23.45
Teeswater Subd., Ont.
96219 Nov. 10 — Exempting the C.N.R. from erecting right of way fencing between
certain mileages on its Avonlea Subd., Sask.
96220 Nov. 10 — Authorizing the City of Port Arthur to construct Court Street over
the C.P.R. and to relocate the C.P.R. tracks on Queen Street, Port
Arthur, Ont.
96221 Nov. 10 — Rescinding Order No. 75996 in the matter of the proposed facilities
for handling and storage of flammable liquids at Mileage 9.20 Oak-
ville Subd., Ont.
96222 Nov. 10 — Approving plan, profile and book of reference, showing the devia-
tion of a portion of the C.N.R. Cowichan Subd. between Mileages
27.03 and 27.31, B.C.
96223 Nov. 10 — Amending Order No. 95312, re apportionment of cost of recon-
structing the protection at crossing of the C.N.R. at Jasper, Alta.,
Mileage 104.9 Brule Subd.
96224 Nov. 10 — In the matter of revision of the automatic protection at crossing of
127th St. and the C.N.R. in Edmonton, Alta., Mileage 4.35 "B" line,
Edmonton Terminals Subd.
96225 Nov. 13 — Amending Order No. 92144 in the matter of the pedestrian overpass
over the C.N.R. and C.P.R. at Riverdale Park, Toronto, Ont., at
Mileage 2.60 Bala Subd. C.N.R. and Mileage 106.40 Oshawa Subd.
C.P.R.
96226 Nov. 12 — Approving proposed location for the handling and storage of
flammable liquids by Canadian Oil Companies Limited, at Melville,
Sask., Mileage 0.40 Touchwood Subd.
96227 Nov. 12— Approving tariffs filed by the C.N.R. under Section 3 of the Mari-
time Freight Rates Act.
96228 Nov. 12 — Authorizing the removal of the speed limitation at crossing of the
C.P.R. in the City of Vancouver, Mileage 127.96 Cascade Subd.
454
96229 Nov. 12— Approving application of the Canadian Freight Assoc. for authority
to publish a rate of 168 cents per 100 lbs. on Uranium Oxides, Salts
or Uranates from Port Hope, Ontario, to Blair and Oak Ridge,
Tennessee, etc.
96230 Nov. 12 — Authorizing the Parish of St. Henri de Lauzon, P.Q. to widen the
highway across the Quebec Central Rly. Company tracks at St.
Henri, Mileage 19.80 Levis Subd.
96231 Nov. 12 — Approving tariffs filed by The Bell Telephone Company of Canada.
96232 Nov. 13 — Approving tariffs filed by The Bell Telephone Company of Canada.
96233 Nov. 13 — Exempting the C.N.R. from erecting right of way fencing between
certain mileages on its Brule Subd., Alta.
96234 Nov. 13 — Rescinding Order No. 66240 respecting facilities of Imperial Oil
Limited for handling and storage of flammable liquids at Vimy,
Alta.
96235 Nov. 13 — Rescinding Orders 66578, 69899 and 77061, respecting facilities of
Imperial Oil Limited for the handling and storage of flammable
liquids at Wembly, Alta.
96236 Nov. 13 — Rescinding Orders 68744 and 69737 respecting facilities of Imperial
Oil Limited for the handling and storage of flammable liquids at
Sangudo, Alta.
96237 Nov. 13 — Exempting the C.N.R. from erecting right of way fencing between
certain mileages on its Lewvan Subd., Sask.
96238 Nov. 13 — Authorizing the C.N.R. to remove the caretaker at St. Norbert,
Man.
96239 Nov. 13 — Authorizing the Federal Dept. of Agriculture to construct an access
road at grade over the C.P.R. between Sees. 2 and 11, Twp. 27,
Rge. 5, W3M., Sask., Mileage 87.78 Outlook Subd.
96240 Nov. 14 — Amending Order 90726, respecting the installation of automatic
protection at crossing of the C.N.R. and Haig Ave., P.Q.
96241 Nov. 14 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at the first public crossing east of station at
Tillsonburg, Ont., Mileage 93.31 Cayuga Subd.
96242 Nov. 14 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. west of St. Vincent de Paul, P.Q., Mileage
4.76 Trois-Rivieres Subd.
96243 Nov. 14 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Public Utilities Commission
of the City of Port Arthur, Ont.
96244 Nov. 14 — Approving Service Station Contract between The Bell Telephone
Company of Canada and The Blanshard Munic. Telephone System.
96245 Nov. 14 — Authorizing the C.P.R. to remove the caretaker at Keyes, Man.
96246 Nov. 14 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 43 between Cone. 2 and 3, Lots 9 and 10, Twp. of Roxborough,
Ont., Mileage 63.02 Winchester Subd.
96247 Nov. 14 — Approving revised Appendix to Traffic Agreement between
The Bell Telephone Company of Canada and The Corporation of the
Twp. of Tay.
96248 Nov. 14 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Wightman Telephone
System.
96249 Nov. 14 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corporation of the Twp. of
Maidstone.
96250 Nov. 14 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corp. of the City of Fort
William.
96251 Nov. 14 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and the highway at Mileage 13.15 Matapedia Subd., P.Q.
96252 Nov. 14 — Authorizing the C.P.R. to construct an industrial spur track in
certain locations in the City of Regina, Sask.
455
96253 Nov. 14— Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Vallee Municipal Telephone
System.
96254 Nov. 14— Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone Locale
de St-Albert de Warwick.
96255 Nov. 14— Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Cie Electrique de Riviere Bleue
Limitee.
96256 Nov. 14 — In the matter of the installation of automatic protection at the
crossing of the C.P.R. and Laurin Boulevard, (Perkins Road) at
Templeton, P.Q., Mileage 109.73 Lachute Subd.
96258 Nov. 14 — Authorizing the New York Central Railroad Company to install an
interlocking signal system at its Melocheville swing bridge, P.Q.,
Adirondack Division.
96259 Nov. 14 — Authorizing the New York Central Railroad Company to install an
interlocking signal system at the Valleyfield lift bridge, south of
Valleyfield, P.Q., Canada-Adirondack Division.
96260 Nov. 14 — Extending the time within which the C.N.R. are required to install
automatic protection in lieu of the existing protection at crossing
of the C.N.R. and Ogden Avenue, at Mileage 10.84 Oakville Subd.,
Ont.
96261 Nov. 17 — Approving plan showing the protection as now installed at the
crossing of the C.P.R. and Bank Street (Metcalfe Highway) in
Ottawa, Ont., Mileage 1.29 Sussex Street Subd.
96262 Nov. 17 — Requiring the C.N.R. to install two flashing light signals and one
bell at the crossing of Hirtle Road at Mileage 92.6 Chester Subd.,
N.S.
96263 Nov. 17 — Rescinding Orders 60399 and 76114 in the matter of the location of
facilities of Imperial Oil Limited for the handling and storage of
flammable liquids at London, Ontario.
96264 Nov. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 17-536 at Mileage 8.91 Webbwood
Subd., Ont.
96265 Nov. 17 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of their railway and Alexander
Ave., Ont., Mileage 11.03 Oakville Subd.
96266 Nov. 17 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Cedar Bay Road west of Sherks, Ont., Mileage 15.3
Dunnville Subd.
96267 Nov. 17 — Authorizing the Union Oil Company of California to construct an oil
pipe line over the company pipe line of Trans-Mountain Oil Pipe
Line Company in the E.-£ Sec. 30, Twp. 52, Rge. 25, West 4M., Alta.
96268 Nov. 17 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 32.98 Areola Subd., Man.
96269 Nov. 17 — Authorizing the C.N.R. to remove the caretaker at Fairfax, Man.
96270 Nov. 17 — Approving Plan 480/12642 dated August 22, 1958, showing the
protection as installed at crossing of the C.N.R. and Albert St., City
of Regina, Sask., Mileage 1.21 Regina Terminal Subd.
96271 Nov. 17 — Approving plan showing the protection as installed at crossing of
the C.N.R. and Albert St., Mileage 93.5 Qu'Appelle Subd., Sask.
96272 Nov. 17 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 36, west of Lavoy, Alta., Mileage
44.68 Vegreville Subd.
96273 Nov. 17 — Authorizing the C.P.R. to relocate the crossing protection at crossing
of its railway and Highway No. 22, Mileage 10.78 MacLeod Subd.,
Alta. to the new crossing of its railway and Highway No. 22A.
96274 Nov. 18 — Exempting the C.P.R. from erecting right of way fencing on certain
mileages on its Neptune Subd., Sask.
456
96275 Nov. 18 — Authorizing the B.C. Electric Company Limited to construct a gas
main across the company pipe line of Trans Mountain Oil Pipe
Line Company at Vedder Road, at Sardis, Township of Chilliwack,
B. C.
96276 Nov. 19 — Authorizing the Great Northern Railway Company to operate its
trains over a private siding serving Northern Asbestos and Con-
struction Supplies Ltd., at Endot, B.C.
96277 Nov. 19 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of its railway and Stavebank Road,
Twp. of Toronto, County of Peel, Ont., Mileage 13.10 Oakville Subd.
96278 Nov. 19 — Extending the time within which the C.N.R. is required to install
certain protection at crossing of its railway and Kerr St. in Oakville,
Ont., Mileage 22.0 Oakville Subd.
96279 Nov. 19 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of its railway and 9th Line Road,
Ont., Mileage 19.25 Oakville Subd.
96280 Nov. 19 — Authorizing the removal of the speed limitation at crossing of the
C. P.R. and William St., Smiths Falls, Ont., Mileage 0.17 Brockville
Subd.
96281 Nov. 19 — Authorizing the removal of the speed limitation at the crossing of
County Road No. 12 and the C.N.R. at Cannington, Ont., Mileage 8.90
Coboconk Subd.
96282 Nov. 19 — Approving application of The London & Port Stanley Rly. for
approval of clearances on its track serving the Emery Industries
(Canada) Ltd., in London, Ont.
96283 Nov. 19 — Authorizing the Quebec Central Railway Company to operate its
trains over the bridge at Mileage 16.8 Chaudiere Subd., P.Q.
96284 Nov. 19 — Authorizing the removal of the speed limitation at the crossing of
Edward St. and the C.N.R. in the Town of Prescott, Ont., Mileage
113.44 Cornwall Subd.
96285 Nov. 19 — Authorizing the C.N.R. to operate their trains through the inter-
locking at crossing of their railway and the C.P.R. at certain
mileages on the St. Thomas and Cayuga Subds., St. Thomas, Ont.
96286 Nov. 19 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 64, at Rutter, Ont., Mileage 90.5
Parry Sound Subd.
96287 Nov. 19 — Approving proposed location of facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at Birch Hills,
Sask., Mileage 136.0 Tisdale Subd.
96288 Nov. 19 — Rescinding Order No. 89233 respecting facilities of North Star Oil
Limited for the handling and storage of flammable liquids at
Rycroft, Alta.
96289 Nov. 19 — Approving temporary facilities of Tidewater Oil Company for the
loading of crude oil at Neelby, Sask.
96290 Nov. 19 — Approving application of Imperial Oil Limited, for the relocation
of facilities for the handling and storage of flammable liquids at
Olds, Alta.
96291 Nov. 19 — Rescinding Order 88208 respecting facilities of Gibson Petroleum
Company Limited for the handling and storage of crude oil at
Whitecourt, Alta.
96292 Nov. 19 — Exempting the C.P.R. from erecting right of way fencing on certain
mileages on its Kisbey Subd., Sask.
96293 Nov. 19 — Authorizing the C.N.R. to operate their trains through the inter-
locking at crossing of their railway and the C.P.R. at Mileage 14.33
Gladstone Subd., Man.
96294 Nov. 19 — Authorizing the C.N.R. to remove the caretaker at Hilliard, Alta.
96295 Nov. 19 — Authorizing the C.N.R. to remove the caretaker at Cavell, Sask.
96296 Nov. 19 — Authorizing the C.N.R. to operate their trains over the crossing of
their railway and the C.P.R. near Knox, Man., Mileage 121.8 Harte
Subd. at a speed not exceeding fifty miles an hour.
457
96297 Nov. 19 — Approving application of the C.P.R. to operate its trains, etc. over
a private siding serving the MacKenzie Storage Limited, in St.
James, Man.
96298 Nov. 19— Rescinding Orders 66472 and 76152 respecting facilities of British
American Oil Company, Limited, for the handling and storage of
flammable liquids at Wanham, Alta.
96299 Nov. 20 — In the matter of Order No. 86775, authorizing the C.N.R. to operate
over the main line diversion between Mileages 98.7 and 100.1 New-
market Subd., Ont.
96300 Nov. 17 — Approving the application of The Railway Association of Canada
and certain of its member lines to increase rates and charges on
freight traffic other than coal and coke, etc.
96301 Nov. 20 — Extending the time limit within which the C.N.R. is required to
install automatic protection at the crossing of their railway and
Haig Blvd., Twp. of Toronto, County of Peel, Ont., Mileage 10.59
Oakville Subd.
96302 Nov. 20 — Rescinding Order No. 95169 which authorized Gibson Petroleum
Company Limited to load crude oil into tank cars from tank trucks
at Donnelly, Alta., Mileage 270.2.
96303 Nov. 20 — Rescinding Orders respecting the facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at Berwyn, Alta.
96304 Nov. 20 — Rescinding order which approved plan of The British American
Oil Company Limited, showing proposed facilities for the handling
and storage of flammable liquids at Whitelaw, Alta.
96305 Nov. 20 — Rescinding order which approved plan showing the proposed loca-
tion of facilities of the Tomlinson Construction Company Limited,
for the handling and storage of flammable liquids at Dawson Creek,
B. C.
96306 Nov. 20 — Rescinding order which approved plan showing the proposed loca-
tion of facilities of Imperial Oil Limited for the handling and
storage of flammable liquids at Pouce Coupe, B.C.
96307 Nov. 20 — Authorizing the removal of the speed limitation at crossing of the
C. P.R. and Wilkes Ave., Winnipeg, Man., Mileage 5.3 La Riviere
Subd.
96308 Nov. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at St. Arsene, P.Q.
96309 Nov. 20 — Requiring the C.P.R. to install automatic protection at the crossing
of the railway and Highway No. 9, west of Orangeville, Ont.,
Mileage 1.42 Owen Sound Subd.
96310 Nov. 20 — Approving the proposed facilities of Canadian Oil Companies
Limited, for the handling and storage of flammable liquids at O'Brien,
Ont., Mileage 120.4 White River Subd.
96311 Nov. 20 — Authorizing the removal of the speed limitation at the crossing
of Township Road Crossing and the C.N.R. at Grasshill, Ont.,
Mileage 12.00 Midland Subd.
96312 Nov. 20 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
St-Theodore.
96313 Nov. 20 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of their railway and 8th Line
Road, Town of Oakville, Ont., Mileage 20.55 Oakville Subd.
96314 Nov. 20 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
St-Nazaire.
96315 Nov. 20 — Extending the time within which the C.N.R. is required to install
automatic protection in lieu of the existing protection at crossing of
the C.N.R. and Shaw Drive, Village of Port Credit, Ont., Mileage
12.02 Oakville Subd.
96316 Nov. 20 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 86.90 Oshawa Subd., Cherry-
wood, Ont.
458
96317 Nov. 20 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 56.9 Wabamun Subd., Alta.
96318 Nov. 20 — Authoriizng the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 2.88 Fraser Subd., B.C.
96319 Nov. 20 — Authorizing the C.N.R. to operate over the bridge over Mink Creek,
Man., Mileage 18.0 Cowan Subd.
96320 Nov. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Irwin St., in Granby, P.Q., Mileage 47.53 Granby
Subd.
96321 Nov. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 512.89 Port aux Basques
Subd., Nfld.
96322 Nov. 20 — Authorizing the C.N.R. to construct and maintain a timber bridge
over the narrows between Morgan Lake and Woosey Lake, Mileage
7.5 Section "B" Branch Line Optic Lake to Chisel Lake, Man.
96323 Nov. 20 — Authorizing the C.N.R. to construct a timber bridge over the Grass
River at Mileage 13.5 Section "A" Branch Line Optic Lake to
Chisel Lake, Man.
96324 Nov. 20 — Rescinding Order 89239 respecting facilities of North Star Oil Limited
for the handling and storage of flammable liquids at Nampa, Alta.
96325 Nov. 20 — Approving tariffs filed by the C.N.R. under the Maritime Freight
Rates Act.
96326 Nov. 20 — Extending the time within which automatic protection is to be
installed by the C.N.R. at the crossing of their railway and 5th Line
Road west of Clarkson, Ont., Mileage 16.62 Oakville Subd.
96327 Nov. 20 — Approving location of facilities of Imperial Oil Limited for the
handling and storage of flammable liquids at Turin, Alta.
96328 Nov. 20 — Authorizing the C.N.R. to operate their trains over the crossing of
their railway and the New York Central Railroad Company at Can- j
field Junction, Ont.
96329 Nov. 20 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 109.82 Swift Current Subd., Sask.
96330 Nov. 20 — Authorizing the C.N.R. to operate their trains over the Second
Narrows Bridge, in Vancouver, B.C.
96331 Nov. 20 — Rescinding Order 73372 in the matter of facilities of Northland
Utilities Limited, for the handling and storage of flammable liquids
at Mayerthorpe, Alta.
96332 Nov. 20 — Authorizing the C.N.R. to remove the Agent at Munson, Alta.
96333 Nov. 20 — Rescinding Orders respecting facilities of Imperial Oil Limited for
the handling and storage of flammable liquids at Jarvie, Alta.
96334 Nov. 20 — Rescinding Order respecting facilities of Husky Oil and Refining
Limited for the handling and storage of flammable liquids at Spirit
River, Alta.
96335 Nov. 20 — Rescinding Order respecting facilities of the Northern Alberta Rail-
ways Company for the handling and storage of flammable liquids at
Tangent, Alta.
96336 Nov. 20 — Rescinding Order respecting facilities of The British American Oil
Co. Ltd., for the handling and storage of flammable liquids at
Clairmont, Alta.
96337 Nov. 20 — Rescinding Order respecting facilities of Husky Oil and Refining
Limited for the handling and storage of flammable liquids at
Tangent, Alta.
96338 Nov. 20 — Authorizing the C.N.R. to operate their trains over the crossing of
their railway and the C.P.R. near Deer, Man., Mileage 72.55 Harte
Subd.
96339 Nov. 20 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Telephone System of the Munic.
of the Twp. of Blanshard.
96340 Nov. 20 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of their railway and Town Line
West at Mileage 17.93 Oakville Subd., Ont.
459
96341 Nov. 20 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
St-Ephrem de Bagot.
96342 Nov. 20 — Approving revised plan submitted by the C.N.R. showing the pro-
tection as installed at crossing of their railway and Garson Road,
Sudbury Junction, Ont.
96343 Nov. 21 — Authorizing the C.N.R. to make signal changes in the Hamilton-
Bayview area, Ont.
96344 Nov. 21 — Authorizing the C.N.R. to remove the caretaker at Foothills, Alta.
96345 Nov. 21 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at St. Pierre, P.Q.
96346 Nov. 21 — Authorizing the C.P.R. (British Columbia Electric Railway Company
Limited) to remove the wig wag signals at the crossings of its railway
and Cypress St., Maple Street and 10th Avenue, Vancouver, B.C.
96347 Nov. 21 — Authorizing the C.P.R. to construct an industrial spur track at
certain locations on its Red Deer Subd. and across Highway No. 2
and certain unopened streets in the City of Calgary, and to install
automatic protection at said crossing.
96348 Nov. 21 — Authorizing the Corp. of the City of Calgary, Alta. to reconstruct
the Alyth Bridge over the C.P.R. as shown on plans filed with the
Board.
96349 Nov. 24 — Relieving the New York Central Railroad Co. from any future
obligations with respect to physical maintenance and operation of
the protection installed at crossing of its railway and the C.N.R.
and Highway No. 2, Twp. of Cornwall, Ont., Mileage 8.01 Ottawa
Subd.
96350 Nov. 24 — Authorizing the C.N.R. to make changes in the protection at cross-
ing oc their railway and Tupper St., Portage la Prairie, Man.
96351 Nov. 24 — Rescinding Order respecting facilities of The British American Oil
Company Limited for the handling and storage of flammable
liquids at Berwyn, Alta.
96352 Nov. 24 — Rescinding Orders respecting facilities of British American Oil Co.
Ltd. for the handling and storage of flammable liquids at Giroux-
ville, Alta.
96353 Nov. 24 — Authorizing the C.N.R. to install signals from Napadogan to Edmund-
ston, N.B.
96354 Nov. 24 — Approving the proposed location of additional facilities of Imperial
Oil Limited, for the handling and storage of flammable liquids at
Watson, Sask.
96355 Ncv. 24 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and 30th St., Long Branch, Ont., Mileage 8.76 Oakville
Subd.
96356 Nov. 24 — Authorizing the removal of the speed limitation at the crossing of
the Niagara, St. Catharines and Toronto Rly. and Port Robinson
Road, Ont., Mileage 12.33, Welland Subd.
96357 Nov. 24 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Thorncliffe Road near Obico, Ont., Mileage 10.13
Gait Subd.
96358 Nov. 24 — Authorizing the C.N.R. to wholly discontinue the commuter service
between Quebec City and St-Joachim, P.Q. on the Montmorency
Subd.
96359 Nov. 24 — Authorizing the C.N.R. to construct their railway across Toll Gate
Road, Cornwall, Ont.
96360 Nov. 24— In the matter of Order No. 77597 dated Oct. 22, 1951, which author-
ized the C.P.R. to operate its trains through the interlocking plant
at crossing of its railway and the C.N.R. at Simcoe, Ont., Mileage
44.3 Lake Erie and Northern Rly.
96361 Nov. 24 — Authorizing the C.N.R. to remove the caretaker at Eden, Man.
96362 Nov. 24 — Approving application of Shell Oil Company of Canada for approval
of the proposed location of facilities for the handling and storage of
flammable liquids at Ashcroft, B.C.
460
96363 Nov. 24 — Approving the plan showing the protection as installed by the C.N.R.
at crossing of their railway and Provincial Highway No. 22 at
Hyde Park, Ont., Mileage 1.72 Exeter Subd.
96364 Nov. 24 — Authorizing the Rural Munic. of Brokenshell No. 68 to construct the
highway over the C.P.R. at Mileage 16.4 Assiniboia Subd., Sask.
96365 Nov. 24 — Approving proposed location of facilities of The British American
Oil Company Limited, for the handling and storage of flammable
liquids at Roblin, Man., Mileage 62.45 Togo Subd.
96366 Nov. 24 — Approving proposed location of facilities of Shell Oil Company of
Canada Limited for the handling and storage of Class II flammable
liquids at Sept-Iles, P.Q.
96367 Nov. 24 — Approving proposed location of facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at Ashcroft, B.C.,
Mileage 47.68 Thompson Subd.
96368 Nov. 24 — Approving proposed location of facilities of Imperial Oil Limited for
the handling and storage of flammable liquids at Schefferville, P.Q.
96369 Nov. 24 — Approving proposed location of facilities of Imperial Oil Limited
for the handling and storage of flammable liquids at Regina, Sask.
96370 Nov. 24 — Authorizing the C.P.R. to remove the caretaker-agent and appoint
a caretaker at Plaisance, P.Q.
JEfre Poarb of
(Kranstyort Commts&tonerg for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLVIII OTTAWA, JANUARY I. 1959 No. 19
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
OCTOBER, 1958.
Railway Accidents 178 Killed 12 Injured 187
Level Crossing Accidents 52 Killed 14 Injured 69
Total 230 26 256
Killed Injured
Passengers — 38
Employees 3 147
Others . 23 71
Total 26 256
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured Newfoundland
— 1 Auto truck struck by train. Licence: Nfld. C-8244.
Nova Scotia
— 1 Automobile struck by train. Licence: P.E.I. 25087.
— 2 Automobile ran into side of train. Licence: N.S. 4-21-98.
461
65144-8
462
Killed Injured Quebec
— 1 Auto truck struck by train. Licence: Que. FA-8199.
1 — Automobile struck by train. Licence: Que. F-19728.
3 — Automobile ran into side of train. Licence: Que. 456293.
— 1 Auto truck struck by train. Licence: Que. C-15542.
— 5 Automobile ran into side of train. Licence: Ont. C-8416.
— 1 Auto truck struck by train. Licence: Que. FT-7839.
— 1 Automobile struck by train. Licence: Que. 22710.
1 — Auto truck ran into side of train. Licence: Que. FP-1907.
— 1 Automobile struck by train. Licence: Que. 64-670.
1 — Automobile struck by train. Licence: Ont. H-48107.
— 2 Automobile struck by train. Licence: Que. 685-338.
— 1 Track motor car struck automobile. Licence: Que. T-1830.
— 3 Automobile ran into side of train. Licence: Que. 96-856.
— 1 Automobile ran into side of train. Licence: Que. 58-2607.
— 1 Automobile ran into side of train. Licence: Que. 306-411.
Ontario
1 — Automobile struck by train. Licence: Ont. 878-532.
— 2 Automobile struck by train. Licence: Ont. 842-125.
— 2 Track motor car struck automobile. Licence: Ont. 936-395.
— 1 Automobile ran into side of train. Licence: Ont. A-96208.
1 — Automobile struck by train. Licence: Ont. 206-646.
— 1 Automobile ran into side of train. Licence: Ont. 619-737.
— 4 Automobile ran into side of train. Licence not given.
1 3 Automobile struck by train. Licence: Ont. 758629.
— 2 Automobile ran into side of train. Licence: Ont. 228-083.
1 1 Automobile struck by train. Licence: Ont. C-85428.
— 1 Automobile ran into side of engine derailing same. Licence: Ont. 685-828.
— 1 Tractor trailer truck ran into side of train. Licence: Ont. 11466-A.
— 1 Automobile ran into side of train. Licence not given.
— 1 Tractor trailer ran into side of train. Licence: Ont. 2181-B.
— 1 Automobile struck by train. Licence: Ont. 937-203.
— 1 Automobile ran into side of train. Licence: Ont. 617164.
— 1 Automobile struck by train. Licence: Ont. 419-080.
1 1 Automobile ran into side of train. Licence: Ont. 904306.
1 — Automobile struck by train. Licence: Ont. 440-280.
— 4 Automobile struck by train. Licence: Ont. C-57915.
— 1 Automobile struck by train. Licence: Ont. F-44907.
— 2 Automobile struck by train. Licence: Ont. 389-772.
— 2 Automobile struck by train. Licence: Ont. 713-290.
— 2 Automobile struck by train. Licence: Ont. 683-212.
Saskatchewan
— 2 Automobile struck by train. Licence: Sask. 55-584.
Alberta
1 — Grader struck by train.
1 — Auto truck struck by train. Licence: Alta. X-112567.
— 1 Automobile ran into side of train. Licence: Alta. DA-255.
— 1 Automobile struck by train. Licence: Alta. BU-5105.
— 3 Track motor car struck automobile. Licence not given.
British Columbia
— 1 Automobile ran into side of train. Licence: B.C. 388036.
— 1 Automobile struck by train. Licence: B.C. 216660.
— 2 Automobile ran into side of train. Licence: Oreg. 8-B-2139.
— 1 Automobile struck by train. Licence: B.C. 364-691.
Of the 52 accidents at highway crossings, 45 occurred at unprotected crossings,
7 at protected crossings, 30 occurred after sunrise and 22 after sunset.
Ottawa, Ontario, December 10, 1958.
463
P.C. 1958-1480
AT THE GOVERNMENT HOUSE AT OTTAWA
Thursday, the 23rd day of October, 1958
Present:
His Excellency
The Governor General in Council:
His Excellency the Governor General in Council, pursuant to section 53
of the Railway Act, in order to provide time for the determination of the
appeals dated October 22, 1958 to the Governor in Council against Order
No. 95930 of the Board of Transport Commissioners for Canada of October 10,
1958, made by the Provinces of British Columbia, Alberta, Saskatchewan,
Manitoba, the Maritimes Transportation Commission representing the Provinces
of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland,
and the Union of British Columbia Municipalities, and by certain municipalities
in the Provinces of Ontario and Quebec, is pleased hereby to vary the said
Order of the Board of Transport Commissioners for Canada by deleting from
the second paragraph thereof the words "November 1, 1958" and substituting
therefor the words "December 1, 1958".
R. B. BRYCE
Clerk of the Privy Council
P.C. 1958-1625
AT THE GOVERNMENT HOUSE AT OTTAWA
Thursday, the 27th day of November, 1958
Present:
His Excellency
The Governor General in Council:
His Excellency the Governor General in Council, pursuant to section 53 of
the Railway Act, having received, held hearings upon and considered petitions
to rescind Order No. 95930 of the Board of Transport Commissioners for Canada
dated October 10, 1958 and relating to the Bell Telephone Company, as varied
in respect of its effective date by Order in Council P.C. 1958-1480 of October 23,
1958, is pleased hereby to determine that he will not rescind or further vary
that Order.
R. B. BRYCE,
Clerk of the Privy Council.
464
SUMMARY OF ORDERS ISSUED BY THE BOARD
96371 Nov. 24— Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Road No. 7, east of the station at Yamachiche,
P.Q., Mileage 68.04 Trois Rivieres Subd.
96372 Nov. 24 — Approving proposed location of facilities of the C.N.R. for the
handling and storage of flammable liquids at Allandale, Ont., Mileage
62.6 Newmarket Subd.
96373 Nov. 25 — Rescinding Order respecting facilities of Imperial Oil Limited for
the handling and storage of flammable liquids at Scotstown, P.Q.
96374 Nov. 25 — Approving tariffs filed by the Canadian Freight Assoc., under
Section 3 of the Maritime Freight Rates Act.
96375 Nov. 25 — Approving tariffs filed by the Canadian Freight Assoc. under Sections
3 and 8 of the Maritime Freight Rates Act.
96376 Nov. 25 — Approving tariffs filed by the Canadian Freight Assoc. under Sections
3 and 8 of the Maritime Freight Rates Act.
96377 Nov. 25 — Approving tariffs filed by the Canadian Freight Assoc. under Section
3 of the Maritime Freight Rates Act.
96378 Nov. 26 — Rescinding Order which approved plan submitted by Rufus Dalton
showing proposed location of facilities for the handling and storage
of flammable liquids at Delhi, Ont.
96379 Nov. 26 — Rescinding Orders which approved plans submitted by McManus
Petroleums Limited, showing proposed relocation of facilities for
the handling and storage of flammable liquids at Simcoe, Ont.
96380 Nov. 26 — Rescinding Order which approved plan submitted by Crown-
Dominion Oil Company Limited showing proposed location of
facilities for the handling and storage of flammable liquids at Simcoe,
Ont.
96381 Nov. 26 — Rescinding Order which approved plan submitted by Graham Oil
Company showing the proposed location of facilities for the handling
and storage of flammable liquids at Aylmer, Ont.
96382 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Cooksville, Ont., Mileage 16.56 Gait
Subd.
96383 Nov. 26 — Exempting the C.P.R. from erecting cattle guards at certain highway
crossings on its Coutts Subd., Alta.
96384 Nov. 26 — Exempting the C.P.R. from erecting cattle guards at certain highway
crossings on its Cardston Subd., Alta.
96385 Nov. 26 — Exempting the C.P.R. from erecting cattle guards at certain highway
crossings on its Stirling Subd., Alta.
96386 No. 26 — Authorizing the Corp. of the District of Surrey to construct a sewer
pipe across and under Trans Mountain Oil Pipe Line Company at
Ferguson Ave. and Archibald Road, District of Surrey, B.C.
96387 Nov. 26 — Authorizing The Toronto Harbour Commissioners to construct a
siding to serve Commissioners' Marine Terminal No. 15, in the City
of Toronto, Ont.
96388 Nov. 26 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Lingwick Municipal Telephone
System.
96389 Nov. 26 — Approving Agreement between The Bell Telephone Company of
Canada and The North American Telegraph Company.
96390 Nov. 26 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de Notre-Dame de Ham.
96391 Nov. 26 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
Rural de Ste-Christine.
465
96392 Nov. 26— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St-Paul de Chester.
96393 Nov. 26 — Approving plan showing the automatic protection as installed at
crossing of the C.N.R. and Finch Ave., Mileage 11.65 Newmarket
Subd., Ont.
96394 Nov. 26— Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone d'Harricana et
Gatineau Limitee.
96395 Nov. 26 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Horton & McNab Tele-
phone Assoc. Ltd.
96396 Nov. 27 — Rescinding orders which approved plans submitted by Maple Leaf
Petroleum Limited showing location of facilities for handling and
storage of flammable liquids at Barrhead, Alta.
96397 Nov. 27 — Approving the relocation of facilities of The British American Oil
Company Limited for the handling and storage of flammable liquids
at Digby N.S., Mileage 20.72 Yarmouth Subd.
96398 Nov. 27 — Approving the relocation of facilities of North Star Oil Limited for
the handling and storage of flammable liquids at Wawota, Sask.
96399 Nov. 27 — Approving the proposed location of facilities of Imperial Oil Limited,
for the handling and storage of flammable liquids at Napinka, Man.
96400 Nov. 27 — Approving the installation of automatic protection at the crossing
of the C.N.R. and D'Arcy Corner-Farnham Road at D'Arcy Corner,
P.Q., Mileage 35.95 Granby Subd.
96401 Nov. 27 — Authorizing the Ont. Dept. of Highways to install automatic protec-
tion at the crossing of the C.N.R. and Highway No. 6 at Mileage
30.2 Hagersville Subd., Ont.
96402 Nov. 27 — Authorizing the Alta. Dept. of Highways to construct 7th Ave. at
grade over the C.P.R. at Mileage 0.28 Canmore Coal Mine Spur, in
the Village of Canmore, Alta.
96403 Nov. 27 — Authorizing the Sask. Dept. of Highways to widen Highway No. 9
where it crosses the C.N.R. at Mileage 113.44 Cromer Subd., near
Langbank, Sask.
96404 Nov. 27 — Prescribing the 1959 issue of "Uniform Classification of Accounts
for Class I Common Carriers by Railway" and "Supplementary Regu-
lations for Class II, Class III and Class IV Carriers", effective on
January 1, 1959.
96405 Nov. 27 — Authorizing the C.N.R. to remove the caretaker at Hepworth, Ont.,
Mileage 2.4 Wiarton Subd.
96406 Nov. 27 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Tele-
phone Rural de Ste-Helene de Bagot.
96407 Nov. 27 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Lanark and Ramsay Tele-
phone Company Limited.
96408 Nov. 27 — Authorizing the C.P.R. to remove the caretaker-agent at St.
Augustin, P.Q., and appoint a caretaker.
96409 Nov. 27 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 76.27 Viking Subd., Alta.
96410 Nov. 27 — Rescinding order which approved plan submitted by Shell Oil Co.
of Canada Limited, showing the proposed location of facilities for
the handling and storage of flammable liquids at Simcoe, Ont.
96411 Nov. 27 — Rescinding order respecting facilities of Gibson Petroleum Co. Ltd.,
for the handling and storage of flammable liquids at Glenevis, Alta.
96412 Nov. 27 — Rescinding order which approved plan submitted by Revelstoke
Consolidated Mines showing proposed facilities for handling and
storage of flammable liquids near Albert Canyon, B.C.
466
96413 Nov. 27 — Amending Order 95767 re apportionment of cost of the construction
of Second Ave. east over the C.P.R. by means of an overhead bridge
in Swift Current, Sask., Mileage 110.34 Swift Current Subd.
96414 Nov. 27 — Authorizing the removal of the speed limitation at crossing of
Highway No. 9 and the C.N.R. at Mileage 24 Assiniboine Subd., Sask.
96415 Nov. 28 — Authorizing the Inland Natural Gas Company Limited to construct
a natural gas pipe line over the track of the C.N.R. and under the
bridge of the C.N.R. where it crosses the Fraser River at Prince
George, B.C.
96416 Nov. 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing west of station
at Fisher, P.Q., Mileage 28.44 Amos Subd.
96417 Nov. 28 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Sir Wilfrid Laurier Blvd. (Highway No. 9) at
Mackayville, P.Q., Mileage 6.12 Granby Subd.
96418 Nov. 28 — Authorizing the C.N.R. to remove the station agent at Villeroy, P.Q.
and appoint a caretaker.
96419 Nov. 28 — Authorizing the C.N.R. to remove the caretaker at Bluevale, Ont.
96420 Nov. 28 — Authorizing the removal of the speed limitation at No. 18 Colliery
crossings and the Sydney and Louisburg Railway Co. at approxi-
mately 0.75 miles from Mileage 6, Waterford Subd., N.S.
96421 Nov. 28 — Authorizing the C.N.R. to remove the caretaker at Dorion, Ont.,
Mileage 99.9 Dorion Subd.
96422 Nov. 28 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to widen Highway No. 15 where it crosses the C.P.R. at Mileage 69.72
Lanigan Subd.
96423 Nov. 28 — In the matter of the application of the Winnipeg Chamber of Com-
merce for an Order directing the railway and water carriers under
the jurisdiction of the Board to remove alleged unjust discrimination
and undue preference in tariffs of the said carriers on traffic moving
between eastern and western Canada.
96424 Nov. 28 — Approving tolls published in tariffs filed by the C.P.R. under section
8 of the Maritime Freight Rates Act.
96425 Nov. 28 — Authorizing the C.N.R. to open for the operation of freight traffic
that portion of its reconstructed line of railway in and adjoining
the City of Cornwall, Ont., between points A and B and C and D.
96426 Nov. 28 — Authorizing the C.P.R. to operate over the subway at Mileage 61.03
Peterborough Subd., Ont.
96427 Nov. 28 — Approving tariffs filed by the C.P.R. under section 8 of the Maritime
Freight Rates Act.
96428 Nov. 28 — Approving tariffs filed by The Bell Telephone Company of Canada.
96429 Nov. 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 132.5 Unity Subd., Alta.
96430 Nov. 28 — Authorizing The Consumers' Gas Company to construct a gas main
over and under the company pipe line of Trans-Northern Pipe Line
Company at Enterprise Road, Twp. of Etobicoke, Ont.
96431 Nov. 28 — Authorizing the C.P.R. to make changes to the interlocking at the
crossing of its railway and the C.N.R. at St. Johns, P.Q., Mileage
20.8 Adirondack Subd.
96432 Dec. 1 — Approving tariffs filed by The Bell Telephone Company of Canada.
96433 Nov. 28 — Authorizing the C.N.R. to install signals from Mileage 0.00 to Mileage
90.0 Yale Subd., B.C.
96434 Nov. 28 — Authorizing the New York Central Railroad Company to discontinue
as an agency its station at Dutton, Ont.
96435 Nov. 28 — Authorizing the C.N.R. to install signals from Mileage 0.9 to Mileage
121.0 Minaki Subd., Man.
467
96436 Nov. 28 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of its railway and Dixie Road,
Twp. of Toronto, Mileage 10.19 Oakville Subd.
96437 Nov. 28 — Authorizing the Rural Munic. of Bjorkdale No. 426, Sask. to con-
struct the highway over the C.N.R. at Government Road, Mileage
45.18 Tisdale Subd.
96438 Nov. 28 — Authorizing the Sask. Dept. of Highways and Transportation to
relocate and widen Highway No. 9 over the C.P.R. at Mileage 111.5
Broadview Subd. at Whitewood, Sask.
96439 Nov. 28 — Amending Order No. 64056 in the matter of apportioning the cost
of maintenance of the subway under the tracks of the C.N.R. and
C.P.R. at Brock Ave., Toronto, Ont.
96440 Nov. 28 — Authorizing the C.N.R. to install automatic protection at the crossing
of the C.N.R. and McCowan Road, Mileage 323.63 Oshawa Subd.,
Ont.
96441 Nov 28 — Authorizing the C.N.R. and C.P.R. to operate through the interlocker
at crossing of their railways at Mileage 4.8 Govel Subd., of the
C.N.R. and Mileage 2.3 Wilkie Subd., of the C.P.R. at Saskatoon,
Sask.
96442 Dec. 1 — Approving tariffs filed by the Canadian Freight Association under
sections 3 and 8 of the Maritime Freight Rates Act.
96443 Dec. 1 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Commissioners for the
Telephone System of the Munic. of the Township of Bruce.
96444 Dec. 1 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and South Bruce Rural Telephone Com-
pany Limited.
Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Monk Rural Telephone
Company Limited.
Approving Traffic Agreement between The Bell Telephone Company
of Canada and Erin Community Telephone Company Limited.
96445 Dec. 1-
96446 Dec. 1-
The Queen's Printer and Controller of Stationery, Ottawa, 1959
&fce poarb of
{transport Commissioners for Canatra
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, JANUARY 15, 1959 No. 20
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of the Canadian Pacific Railway Company
under Sections 183, 184, 185 and 259 of the Railway Act, for authority to
construct, maintain and operate an industrial spur track, to serve
Meridian Investments Limited, etc., from a point on the applicant com-
pany's railway at Mileage 2.0 Red Deer Subdivision, in the SW% of
Section 24-24-1-W5M., a distance of 12,150 feet, to a point in the
of Section 21-24-1W5M., and also at grade across provincial highway
No. 2 and the following unopened streets in the City of Calgary, Alberta:
Roy, Cooper, Sanders, Smith, and Center, Second and Fourth Avenues.
File No. 26769.62
Before:
Frank M. MacPherson, Commissioner.
Heard at:
Calgary, Alberta, on October 22, 1958.
Appearances:
H. A. V. Green, Q.C., and R. R. Mitchell, Q.C., for Canadian
Pacific Railway Company.
Owen J. Jones, for Department of Highways, Province of Alberta.
Hon. Gordon E. Taylor, Minister of Highways, Province of
Alberta.
F. J. Fleming, for City of Calgary.
A. G. Martin, City Planner.
A. R. Smith, District Planning Commissioner.
469
65145-5—1
470
REPORT
MacPherson, Commissioner:
On December 18, 1957, the Canadian Pacific Railway Company made
application for authority to construct, maintain and operate an industrial spur
track from mileage 2.0 Red Deer Subdivision to the property of Meridian
Investments Limited, located immediately east of Highway No. 2, and north
of the Village of Forest Lawn.
The City of Calgary opposed the application on the grounds that the
greatest part of the area through which the spur will pass has been zoned as
residential land. The City also joined the Department of Highways of Alberta
in opposing the establishment of a level crossing on Highway No. 2. In order
to meet the objections of the City and the Department of Highways to a level
crossing, the Board suggested that the crossing could be protected by flashing
light signals and bell, that trains be not permitted to cross until a member of
the train crew has started the operation of the protection, and that train move-
ments be limited to hours in which they will not interfere with the volume of
heavy highwaj' traffic.
The Department of Highways reiterated its objection to the level crossing,
and the Canadian Pacific Railway Company committed itself in a letter dated
May 16, 1958, to assuming the remainder of the cost after the usual contribution
from the Railway Grade Crossing Fund towards the cost of a grade separation,
should such a grade separation become necessary after three or more years.
The Department of Highways still objected to a level crossing of Highway No. 2,
and the City of Calgary joined in this objection, and also objected to the con-
struction of an industrial spur west of Highway No. 2.
In view of these objections, and the request made previously for a public
hearing, the Board decided that Commissioner F. M. MacPherson would hold
a public hearing in Calgary on October 22, 1958. In presenting its case at this
public hearing, the Canadian Pacific Railway Company established that there
is need for railway service to be provided on the property of Meridian Invest-
ments Limited. The . Minister of Highways for Alberta, the Honourable
Gordon E. Taylor, presented a brief in support of his objection to a level crossing
of Highway No. 2. The City Planner and the Director of the Calgary District
Planning Commission gave evidence in support of the City's objection to the
construction of an industrial spur west of Highway No. 2, and also the crossing
at grade of Highway No. 2 with the industrial spur.
In considering the Railway's application, the Board must be satisfied that
there is need for an industrial siding to serve the proposed industrial area, and
that the establishment of a level crossing will not create an unduly dangerous
condition for highway and railway traffic. One industry has already been
established on the property of Meridian Investments Limited. The City Planner
and the Director of the Calgary District Planning Commission in their evidence
suggested that the Canadian Pacific Railway Company build a railway line
6f miles long so that this area could be served by both the Canadian Pacific
Railway Company and the Canadian National Railways, without crossing
Highway No. 2. This long spur would all be through an industrial zone which
is only in the planning stage. It is clear from this that the City of Calgary
does not oppose the establishment of railway service to the property of
Meridian Investments Limited.
The spur suggested by the Railway is 2.3 miles long and begins in an area
already industrialized. The greatest part of the land through which the line
comes is land already owned by the Canadian Pacific Railway Company, and
it has been slated for industrial development. It does not appear that the
Board would be justified in asking the Canadian Pacific Railway Company to
build a railway line three times as long as the one proposed by the Railway,
471
and at a location that would not permit the development of industrial area
which the Railway already owns, simply because the planning of the City
provides for a future residential area between an existing railway line and
the Canadian Pacific Railway Company's property needed for industrial
development.
Honourable Gordon E. Taylor spoke very strongly about the dangers of
highway crossings, and the efforts of both his Government and the Federal
Government to eliminate level crossings. He emphasized that Highway No. 2,
across which the proposed spur would be constructed, will become the most
important highway in Alberta, and that with very 'heavy and fast traffic at
this location, a level crossing will result in loss of lives and injuries.
Highway No. 2 is a four-lane highway intersected by Trans-Canada
Highway by means of a grade separation and clover leaf connections approxi-
mately one mile north of the proposed crossing. The four-lane highway
extends less than a mile south of the proposed crossing where it becomes a
two-lane highway through the Village of Forest Lawn. Immediately north
and south of the crossing the highway is not permanently paved, and the traffic
is not separated by a middle strip. Mr. Taylor has stated that Highway No. 2
will be completed in two years and will be carrying very heavy traffic
by-passing the City of Calgary. Before this highway is completed however,
the Department of Highways and the City must construct two river crossings,
one crossing of the irrigation canal, and four major grade separations with
highways and railways south of the Trans-Canada Highway.
Highway No. 2 is straight and motorists will have a clear view approaching
the crossing of at least one quarter of a mile. Highway traffic south of the
Trans-Canada Highway is probably less than 1,000 cars per day. Railway
traffic over the proposed spur will not be more than two movements per day
for the first few years. It is the Board's view that under such conditions as
exist today, the level crossing protected by flashing light signals and bell will
not create an unduly dangerous condition on this portion of Highway No. 2.
It is our understanding that the location of the proposed industrial spur
could be modified to permit a crossing of a grade separation if it becomes
necessary to do so in the future. The Board will be prepared to review the
situation from time to time, and give consideration to eliminating this level
crossing whenever it becomes justified by the circumstances. In the mean-
time, it is considered reasonable to approve the Canadian Pacific Railway
Company's application, and I recommend to the Board that this report be
adopted, and that an Order should go accordingly.
FRANK M. MacPHERSON.
Ottawa, November 18, 1958.
65145-5—2
472
ORDER No. 96347
In the matter of the application of Canadian Pacific Railway Company, herein-
after called the " Applicant Company" , under sections 183, 184, 185 and
259 of the Railway Act, for authority to construct, maintain and operate
an industrial spur track, to serve Meridian Investments Limited, etc.,
from a point on the Applicant Company's railway at Mileage 2.0 Red
Deer Subdivision, in the southwest quarter of Section 24, Township 24,
Range 1, West Fifth Meridian, a distance of 12,150 feet, to a point in the
east half of Section 21, Township 24, Range 29, West Fifth Meridian, and
also at grade across Provincial Highway No. 2 and the following unopened
streets in the City of Calgary, Alberta: Roy, Cooper, Sanders, Smith and
Center, Second and Fourth Avenues, all as shown on plan and profile
and described in book of reference combined dated Calgary, October 28,
1957, registered in the Land Titles Office in the South Alberta Land
Registration District, Calgary, on November 26, 1957, as No. 3777, Book
HJ, Folio 106, on file with the Board under file No. 26769.62;
And in the matter of section 12 of the Railway Act:
File No. 26769.62
Friday, the 21st day of November, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
Whereas by Order No. 95997, dated October 7, 1958, the Board, pursuant
to the powers vested in it by section 12 of the Railway Act, authorized Commis-
sioner MacPherson to report to the Board upon the questions and matters
arising in connection with the said application, and to take evidence and acquire
the necessary information for the purposes of such report;
And whereas Commissioner MacPherson did hear the said application and
took evidence at Calgary, Alberta, on October 22, 1958, in the presence of
Counsel and representatives of Canadian Pacific Railway Company, the Depart-
ment of Highways for the Province of Alberta, the Minister of Highways,
Province of Alberta, the City of Calgary, the City Planner and the District
Planning Commissioner;
And whereas Commissioner MacPherson, on November 18, 1958, submitted
his report with the request that it be adopted by the Board —
It is hereby ordered as follows:
1. The report submitted by Commissioner MacPherson, dated November 18,
1958, on file with the Board under file No. 26769.62, is adopted.
2. The Applicant Company is authorized to construct and maintain an
industrial spur track from a point on its railway at mileage 2.0 Red Deer
Subdivision, in the southwest quarter of Section 24, Township 24, Range 1,
West Fifth Meridian, a distance of 12,500 feet, to a point in the east half of
Section 21, Township 24, Range 29, West Fifth Meridian, and also at grade across
Provincial Highway No. 2 and the following unopened streets in the City of
Calgary: Roy, Cooper, Sanders, Smith and Center, Second and Fourth Avenues,
all as shown on the said plan on file with the Board under file No. 26769.62.
473
3. The said crossing shall be constructed in accordance with the Standard
Regulations of the Board Affecting Highway Crossings.
4. Before the crossing hereby authorized is opened to railway traffic the
Applicant Company shall install and thereafter maintain two flashing light
signals and bell at the said crossing.
5. The said protection shall be installed in accordance with the provisions
of General Orders Nos. 811 and 830, with the exception that the flashing light
signals shall be operated manually by a member of the train crew.
6. The costs of construction and maintenance of the said crossing, as well
as the costs of installation, operation and maintenance of the said automatic
protection shall be borne and paid by the Applicant Company.
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
474
ORDER No. 96575
In the matter of the application of Prairie Pipe Manufacturing Company Limited
for an Order fixing a charge in respect of rates on Skelp from Hamilton
and Sault Ste. Marie, Ontario, to Regina, Saskatchewan, and on Pipe from
Regina, Saskatchewan, to Vancouver, British Columbia, and other places
in the said Province, related to Agreed Charges C.T.C. (A.C.) No. 63 and
C.T.C. (AC) No. 89, and in relation to the charges fixed by the Board
in its Judgment of April 17, 1958, and Order No. 94129 of the same date
to and from Edmonton, Alberta:
File No. 48703
Monday, the 15th day of December, A.D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
Rod Kerr, Q.C., Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Whereas Prairie Pipe Manufacturing Company Limited has made applica-
cation under subsection 10 of section 32 of the Transport Act, and has
represented to the Board that its business is unjustly discriminated against by
Agreed Charge C.T.C. (AC) No. 63 on pipe, wrought iron or steel, as described
in the said Agreed Charge, from Welland, Ontario, and other places in the
Province of Ontario, to Vancouver and other points in the Province of British
Columbia; and by Agreed Charge C.T.C. (AC) No. 89 on skelp, iron or steel,
as described in the said Agreed Charge, from Hamilton and Sault Ste. Marie,
Ontario, to Port Moody, British Columbia;
And whereas the Board by Judgment and Order No. 94129, dated April 17,
A.D. 1958, fixed a charge for Alberta Phoenix Tube & Pipe Limited on skelp
from eastern points to Edmonton, Alberta, and on pipe from Edmonton, Alberta,
to Vancouver, British Columbia, and other points in the vicinity thereof, and
such Judgment and Order were confirmed on rehearing by further oral Judg-
ment of May 29, 1958, and Reasons for Judgment, dated September 23, 1958;
And whereas the Canadian National Railways and Canadian Pacific Railway
Company by their submission dated November 18, 1958, have stated that so
long as the said fixed charges remain in effect they do not oppose the fixing
of charges for Prairie Pipe Manufacturing Company Limited to and from
Regina, on a basis related to that of the charges to and from Edmonton;
And whereas other railway parties to the said Agreed Charges have not
filed objections to the fixing of charges for the Applicant within the time limit
prescribed by the Board;
And whereas the Board considers that the allegation of unjust discrimina-
tion is justified and that the said unjust discrimination should be removed by
the fixing of relative charges for the Applicant;
It is ordered that a charge be, and it is hereby, fixed of 76 cents per 100 lbs.
on skelp, in carloads, from Hamilton and Sault Ste. Marie, Ontario, to Regina,
Saskatchewan, to be made by the carriers parties to the said Agreed Charge
on skelp, and a charge of 58 cents per 100 lbs. on pipe in carloads, from Regina,
Saskatchewan, to Vancouver and other stations and places in British Columbia
to which the said Agreed Charge on pipe is applicable, to be made by the
carriers parties thereto;
475
And it is further ordered that the said fixed charge on skelp shall only be
applied upon proof submitted to the carrier that the said skelp has been con-
verted into pipe and shipped from Regina, Saskatchewan, to the stations and
places to which the said Agreed Charge on pipe is applicable, at the charge
fixed herein on the said pipe;
And it is further ordered that all other conditions and requirements of the
said Agreed Charges C.T.C. (AC) No. 63 and C.T.C. (AC) No. 89, and the
conditions set forth in Judgment and Order No. 94129 of the 17th day of April,
1958, shall be attached to and incorporated with each of the charges hereby
fixed for the Applicant insofar as they may be applicable thereto.
And it is further ordered that the effective date of the charges herein fixed
shall be November 1, 1958.
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
476
SUMMARY OF ORDERS ISSUED BY THE BOARD
96447 Dec. 1 — Authorizing the removal of the speed limitation at the crossing of
Beech Street and the C.P.R. at Mileage 1.10 Prescott Subd., Ottawa,
Ont.
96448 Dec. 1 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Commissioners for the
Telephone System of the Municipality of the Township of Mersea.
96449 Dec. 1 — Authorizing the New York Central Railroad Company to discontinue
as an agency its station at Woodslee, Ont.
96450 Dec. 1 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Ste. Claire Road, being the third crossing east of the
station at Allenby, Mileage 3.41 Lairet Subd.
96451 Dec. 2 — Approving facilities of British Canadian Propane Limited for the
handling and storage of liquefied petroleum gas at Burns Lake, B.C.,
Mileage 34.85 Telkwa Subd.
96452 Dec. 2 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Reston Subd., Sask.
96453 Dec. 2 — Amending Order No. 90824 in the matter of the installation of
improved protection at the crossing of the C.P.R. and Jane Street,
in the Munic. of Metropolitan Toronto, Ont., Mileage 2.9 MacTier
Subd.
96454 Dec. 2 — Authorizing the Corporation of the Township of Richmond, B.C., to
construct William Road across the track of the C.N.R. at Mileage 14.27
Lulu Island Branch.
96455 Dec. 2— Amending Order No. 96325 in the matter of tariffs filed by the C.N.R.
under the provisions of the Maritime Freight Rates Act.
96456 Dec. 2 — Amending Order 88986 in the matter of the construction of the
highway over the C.N.R. by means of an overhead bridge at Mileage
38.11 Central Butte Subd., Sask.
96457 Dec. 2 — Authorizing the removal of the speed limitation at crossing of
Highway No. 17 and the C.N.R. at second crossing west of station at
Finchley, Ont., Mileage 81.3 Beachburg Subd.
96458 Dec. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at third public crossing east of the
station at Ayrness, P.Q., Mileage 35.5 Alexandria Subd.
96459 Dec. 2 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 15 where it crosses the C.P.R. at Mileage 80.75
Lanigan Subd.
96460 Dec. 2 — Authorizing the C.N.R. to remove the station agent at Briercrest,
Sask.
96461 Dec. 2 — Amending Order 93758 re apportionment of cost of installing auto-
matic protection at the crossing of Highway No. 4 and the Esquimalt
and Nanaimo Railway Company at Mileage 95.28 Victoria Subd.,
and Mileage 0.1 Alberni Subd. at Parksville, B.C.
96462 Dec. 2 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Bayview Avenue, being first crossing north of siding
at Thornlea, Ont., Mileage 16.9 Bala Subd.
96463 Dec. 3 — Amending Order 93759 re apportionment of cost of installing auto-
matic protection at crossing of the Esquimalt and Nanaimo Railway
and Goldstream Ave., (Island Highway No. 1A) at Langford, B.C.,
Mileage 7.9 Victoria Subd.
96464 Dec. 3 — Amending Order 93946 re apportionment of cost of replacing the
existing protection at crossing of the C.P.R. and the highway at
Deroche, B.C., Mileage 75.45 Cascade Subd. by automatic protection.
96465 Dec. 3 — Exempting the C.P.R. from erecting cattle guards at certain highway
crossings on its Vanguard Subd., Sask.
96466 Dec. 3— Amending Order No. 95468 which authorized the C.P.R. to relocate
the automatic gates at crossing of its railway and Bas St. Martin
Road, Munic. of St. Martin, Co. Laval, P.Q., Mileage 12.08 Park
Ave. Subd.
477
96467 Dec. 3 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and County Road No. 16, Reaboro, Ont., Mileage 81.24
Campbellford Subd.
96468 Dec. 3 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Brimley Road, at Scarboro, Ont., Mileage 324.22
Oshawa Subd.
96469 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and 44th Ave., Lachine, P.Q., Mileage 8.45 Cornwall Subd.
96470 Dec. 3 — Approving tariffs filed by the C.N.R. under section 3 of the Maritime
Freight Rates Act.
96471 Dec. 3 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Onslow Road, N.S., Mileage 2.47 Springhill Subd.
96472 Dec. 3 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and County Road No. 7 about one mile north of
Shannonville, Ont., Mileage 84.03 Belleville Subd.
96473 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
the Sydney and Louisburg Railway and the highway (known as
Mackie's Crossing) in the Village of Gardiner Mines, Co. of Cape
Breton, N.S., Mileage 7.93.
96474 Dec. 3 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Cie de Telephone Rurale
de St-Joseph de Kamouraska.
96475 Dec. 3 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Cie de Telephone de
St-Athanase.
96476 Dec. 3 — Authorizing the C.N.R. to install automatic protection at crossing
of their railway and Sand Beach crossing, N.S., Mileage 135.61
Yarmouth Subd.
96477 Dec. 3 — Approving tariffs filed by Canadian National Telegraphs.
96478 Dec. 3 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and The Glenview Rural Telephone
Company Limited.
96479 Dec. 3 — Amending Order No. 90021 which authorized the B.C. Dept. of
Highways to reconstruct the overhead bridge carrying the highway
over the C.N.R. at Mileage 83.66 Nechako Subd.
96480 Dec. 3 — Approving tariffs filed by the C.N.R. under section 3 of the Maritime
Freight Rates Act.
96481 Dec. 3 — Granting leave to Northern Ontario Pipe Line Crown Corporation to
carry its pipe line across all highways shown on Drawing on file
with the Board.
96482 Dec. 4 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and La Ligne de Telephone Michaud.
96483 Dec. 4 — Approving tariffs filed by The Bell Telephone Company of Canada.
96484 Dec. 4 — Authorizing The Pacific Great Eastern Railway Company to connect
its railway with the Northern Alberta Railways in Dawson Creek,
B.C.
96485 Dec. 4 — Authorizing The Chesapeake and Ohio Railway Company to render
the draw span fixed, for railway traffic only, over the Sydenham
River, near Wallaceburg, Ont., for the period Dec. 1, 1958 to April 15,
1959.
96486 Dec. 4 — Authorizing the Northern Alberta Railways Company to install
automatic protection at crossing of its railway and Highway No. 2
one mile north of Clairmont, Alta., Mileage 42.1 Grande Prairie Subd.
96487 Dec. 4 — Authorizing the Northern Alberta Railways Company to install
automatic protection at the crossing of its railway and Highway No. 2
at Nampa, Alta., Mileage 30.2 Peace River Subd.
96488 Dec. 4— Amending Order 94963 re apportionment of cost of diverting a por-
tion of Merritt Subd. of the C.P.R. to eliminate two existing level
crossings at Mileages 10.8 and 19.0 Merritt Subd., B.C.
478
96489 Dec. 4 — Authorizing the synchronization of the traffic light signal to be
installed at crossing of the C.P.R. and Dorchester St. with the traffic
signals at intersection of Dorchester and Prince Edward Sts. and the
crossing gates at Dorchester St., City of Quebec, P.Q.
96490 Dec. 4 — Authorizing the C.N.R. to abandon a portion of its railway between
Kearney, Mileage 48.0 Algonquin Subd. to Algonquin Park, Mileage
86.3 Algonquin Subd., a distance of 38.3 miles.
96491 Dec. 5 — Rescinding Order 55556 in the matter of facilities of Shell Oil Com-
pany of Canada Limited for the handling and storage of flammable
liquids at Ridgetown, Ont.
96492 Dec. 5 — Rescinding Order 81019 in the matter of facilities of St. Thomas
Metal Signs Limited, for the storage and handling of flammable
liquids at St. Thomas, Ont.
96493 Dec. 5 — Authorizing the removal of the speed limitation at the crossing of
Cawthra Road and the C.N.R. at Mileage 11.47 Oakville Subd., Ont.
96494 Dec. 5 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 54 at Innisfail, Alta., Mileage 75.12
Red Deer Subd.
96495 Dec. 5 — Approving facilities of Imperial Oil Limited for the handling and
storage of flammable liquids at Lomond, Alta.
96496 Dec. 5 — Authorizing the Atlantic Gypsum Limited to construct a bridge for
the conveyance of gypsum over the C.N.R. at Mileage 459.93 Port
aux Basques Subd., Nfld.
96497 Dec. 5 — Authorizing the Atlantic Gypsum Limited to construct a bridge to
convey gypsum over the tail track on the wye of the C.N.R. at
Mileage 459.63 Port aux Basques Subd., St. Georges, Nfld.
96498 Dec. 5 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Manitoulin Island
Rural Telephone Company Limited.
96499 Dec. 5 — Authorizing the C.N.R. to remove the Agent at St. Octave de Metis,
P.Q.
96500 Dec. 8 — Approving application of the C.P.R. as lessee exercising franchises
of the Ontario and Quebec Rly. Company, for approval of clearances,
etc. proposed to be erected on the catwalks in their Grovehill loading
plant at Mileage 3.12 Winchester Subd., Ont.
96501 Dec. 8 — Rescinding orders respecting facilities of Maple Leaf Petroleum
Limited, for the handling and storage of flammable liquids at Grand
Prairie, Alta.
96502 Dec. 8 — Approving application of the C.N.R. re the proposed location of
facilities for the handling and storage of flammable liquids at
Limoilou, P.Q.
96503 Dec. 8 — Authorizing the C.P.R. to construct a siding to serve John Deere Plow
Company Limited across Grigg St. in the City of St. James, Man.
96504 Dec. 8 — Amending Order No. 93562 re apportionment of cost of making
certain improvements at the crossing of the C.N.R. and the highway
at Mileage 115.11 Harte Subd., Man.
96505 Dec. 8 — Approving proposed facilities of The British American Oil Com-
pany Limited for the handling and storage of flammable liquids at
Elk Point, Alta., Mileage 139.35 Coronado Subd.
96506 Dec. 8 — Amending Order No. 93749 re apportionment of cost of installing
improved protection at crossing of the C.N.R. and Highways 4 and 14
near Biggar, Sask., Mileage 0.68 Unity Subd.
96507 Dec. 8 — Amending Order No. 93698 re apportionment of cost of installing
automatic protection at crossing of the C.N.R. and Highways Nos. 3
and 6, and the C.P.R. east of Melfort, Sask., Mileage 97.8 Tisdale
Subd.
96508 Dec. 8 — Authorizing the Niagara Gas Transmission Limited to construct a
high pressure gas main across the pipe line of Trans-Northern Pipe
Line Company, in the Twp. of Cornwall, Ont.
479
96509 Dec. 8 — Dismissing without prejudice the application of the Napierville
Junction Railway Company for authority to close the station at
Napierville, P.Q.
96510 Dec. 8 — Amending Order 90822 which authorized the C.N.R. to install auto-
matic protection in lieu of the existing protection, at the crossing
of its railway and Denison Ave. in the Town of Weston, Ont.
96511 Dec. 8 — Amending Order 93959 re apportionment of cost of constructing the
highway over the C.P.R. by means of an overhead bridge at Mileage
24.7 Shuswap Subd., B.C.
96512 Dec. 8 — Amending Order 93713 re apportionment of cost of constructing the
highway over the C.P.R. by means of an overhead bridge at Mileage
19.175 Shuswap Subd., B.C.
96513 Dec. 9 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.P.R. south of LePage, P.Q., Mileage 5.60
St. Lin Subd.
96514 Dec. 9 — Amending Order 93525 in the matter of the application of the French
Petroleum Company of Canada for an extension of time within which
it is authorized to unload crude oil from tank wagons into tank cars
at Torquay, Sask.
96515 Dec. 9— Rescinding Order 68272 in the matter of facilities of The British
American Oil Company for the handling and storage of flammable
liquids at Rycroft, Alta.
96516 Dec. 9 — Rescinding certain Orders as of March 1, 1959, in the matter of
regulations for the Transportation of Dangerous Commodities by
Rail, and in the matter of express shipment of samples of flammable
liquids.
96517 Dec. 9 — Approving tariffs filed by the C.N.R. under section 3 of the Maritime
Freight Rates Act.
96518 Dec. 9 — Authorizing the C.N.R. to reconstruct the bridge over Twelve Mile
Creek, Ont., Mileage 11.2 Grimsby Subd.
96519 Dec. 9 — Approving application of the C.P.R. as lessee exercising franchises
of the Ontario and Quebec Railway Company for approval of
clearances at light standards to be installed at the North Queen
Piggyback Terminal at Mileage 11.42 Gait Subd., Ont.
96520 Dec. 9 — Authorizing the C.N.R. to construct a siding to serve British American
Oil Company Limited along the public lane in Block 35 and across
Stewart Ave., in the Town of Melfort, Sask.
96521 Dec. 9 — Amending Order 95629 which authorized the N.S. Dept. of Highways
to construct Yankestown Road across the right of way of the C.N.R.
at Mileage 16.4 Chester Subd., near French Village, N.S.
96522 Dec. 9 — Authorizing the Consumers' Gas Company to construct a high
pressure natural gas main across and under the pipe line of Trans
Northern Pipe Line Company in Lot 11, Con. 3, Twp. of Leeds, Ont.
96523 Dec. 9 — Requiring the Toronto, Hamilton and Buffalo Railway Company to
install automatic protection at the crossing of its railway and Stroud
Road, Ewen Road, Broadway Avenue, Leland Avenue and Emerson
Street, in the City of Hamilton, Ont.
96524 Dec. 9 — Authorizing the Corp. of the District of Coquitlam, B.C., to construct
a cast iron water main across and under the pipe line of Trans
Mountain Oil Pipe Line Co. at Cottonwood Ave., approximately 200
feet east of Blue Mountain St., Dist. of Coquitlam, B.C.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
®fje poarb of
CCranstyort Commts&toners for Canaba
\
Judgments, Orders, Regulations am
and^Rulings
Vol. XLVIII OTTAWA, FEBRUARY 2, 1959 No. 21
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
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mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of the New York Central Railroad Company,
lessee of St. Lawrence and Adirondack Railway Company, and the said
St. Lawrence and Adirondack Railway Company, dated the 14th of April
1958, for authority to permit the New York Central Railroad Company
to wholly discontinue passenger service at present provided over the
line of railway between Malone, in the State of New York, and Montreal,
in the Province of Quebec.
File No. 28420
Before:
Heard at:
Hugh Wardrope, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Montreal, P.Q., on September 11th, 1958.
Appearances:
H. R. Mulvena, Q.C.,
Cuthbert Scott, Q.C.
and
Guy M. Drummond
A. J. Alliston, for the Canadian Pacific Railway Company.
George Gould, for the City of Montreal.
R. L. Craik,
S. G. Modeland
and
Gordon Conquergood
O. H. Bradley, Chateauguay Heights.
Gerard Bruchesi, M.P., Beauharnois County.
C. Gilmour, a property owner in Chateauguay Heights.
481
66354-2—1
for the New York Central Railroad
Company.
representing Joint Committee for Im-
proved Suburban Passenger Service,
Montreal-Beauharnois.
482
JUDGMENT
Chase, Commissioner:
This matter was heard at a sitting of the Board at Montreal, in the Province
of Quebec, on September 11, 1958, following which Order No. 95597, dated
September 17, 1958, was issued which, in part, "authorized the applicant to wholly
discontinue its passenger train service at present provided over that part in
Canada of the line of railway between Malone, in the State of New York, and
Montreal, in the Province of Quebec" — the discontinuance authorized not to
take effect before thirty days notice to the public, and the reasons for approv-
ing the application to be given in a written judgment at a later date.
In order to understand the situation with respect to the operation of
passenger service of the New York Central Railroad Company, hereinafter
sometimes referred to as the "Railroad", between Malone, New York State, and
Montreal, Province of Quebec, I consider it necessary to develop a little of the
history.
In the earlier years a considerable number of passenger trains were oper-
ated between the two points mentioned above. From time to time reductions
were made and on April 17, 1953, the Board approved of the discontinuance of
through trains Nos. 4 and 5, which left only one train to be operated in each
direction.
Following complaints from various interested parties, the Board conducted
a hearing in Valleyfield, Quebec, on June 25, 1953. The style of cause with
respect to that hearing reads as follows:
"In the matter of complaints of various interested parties
with respect to the passenger train service given by the New
York Central Railroad Company on its line between Malone,
N.Y., and Montreal, P.Q., following the recent cancellation of
trains Nos. 4 and 5."
During that hearing, inter alia, it was contended that the Railroad was
deliberately discouraging the patronage of its passenger service by not running
enough passenger trains and by using very poor equipment, that the act ons
of the Railroad were retarding development of the area served by the Rail-
road, and that if the passenger service were improved, more patronage would
be secured. Moreover, it was contended that freight service was profitable.
Mr. S. G. Modeland, Chairman of the Joint Committee for Improved
Suburban Passenger Service, Montreal-Beauharnois, presented what he termed
a questionnaire, but which might properly be called a petition signed by over
800 people requesting that an additional commuter train be put on between
Montreal and Valleyfield and, after a full hearing, the Railroad agreed to
operate two additional suburban trains daily and one additional train on
Saturday afternoons between Montreal and Valleyfield, with the understanding
that the Saturday afternoon train would terminate at Westmount instead of
Windsor Station — these additional trains to be put on for a trial period to
commence early in July and to carry through until the Fall change of time-
table on September 27, also with the understanding that if the trains were not
patronized they would be discontinued at the end of the trial period. In
addition, the Railroad agreed to extend the commutation area from St. Timothy
to Valleyfield. These trains were put on and operated from July 6, 1953, to
September 27, 1953, when, due to lack of patronage, they were discontinued.
During this period the Board's Operating Inspectors rode these trains on
different occasions, and for the whole period during which they operated, the
trains carried an average of 50 passengers per train.
483
Under date of September 15, 1956, the Railroad filed a further application
with the Board, seeking authority to entirely discontinue its passenger service
between Montreal and Malone. Included with the application were statements
relating to revenues and expenses for the year 1955. The above-the-rail losses
in the operation of the passenger service were said to be $114,549.
Not being satisfied with the figures relating to the operation for the year
1955, the Board requested the Railroad — through its Counsel, Mr. Cuthbert
Scott — to submit further statements showing the results of the operation for
the year 1956, and, as in cases involving complete abandonment of passenger
service or abandonment of a line of railway, the Board has required other
railways to furnish information as to freight earnings, expenses, etc., relating
to the branch line and relating to the system as a whole (this in order that
the feeder value of the branch line to the main line could be determined and a
decision arrived at based on the financial loss to the railways as compared to
the inconvenience to the public) the Railroad was requested to prepare such
statements and submit them to the Board. Subsequently, the Board decided to
hold a further hearing in the City of Valleyfield, Province of Quebec, on
March 26, 1957.
It is not necessary in this judgment to refer in any way to the evidence
adduced during the hearing of March 26, 1957. The judgment of the Chief
Commissioner, dated April 18, 1957, speaks for itself. For reasons given therein
the Board authorized the Railroad to discontinue the operation of trains Nos. 25
and 26 on Saturdays and No. 35 on Sundays and dismissed the balance of the
application. Mention should be made, however, of the reference in that judg-
ment to the slow-down of highway traffic during the period when Mercier
Bridge would be required to be raised for the completion of the St. Lawrence
Seaway project.
Turning now to the hearing in Montreal on September 11, 1958.
In evidence, the Railroad submitted statements showing the number of
passengers carried during different periods of time, which indicates that the
average carryings per days was approximately 200 in each direction.
A statement showing the expenses and revenues for the year 1957 is
reproduced immediately below and will be referred to later on in this judg-
ment as Statement No. 1.
THE NEW YORK CENTRAL RAILROAD COMPANY
Statement of Expenses and Revenues Incident to the Operation of the St. Lawrence
and Adirondack Railway in Canada. For the Year 1957
(A) "Above-the-Rail" loss to the New York Central System from
the operation of St. Lawrence and Adirondack Railway
Passenger Trains Nos. 25, 26, 32 and 35.
(See Schedule No. 1) (D) $ 83,904
(B) "Out-of-Pocket" Profit from the operation of St. Lawrence
and Adirondack Railway Freight and Passenger Service.
(See Schedule No. 2) $ 255,845
(C) General Expenses not included in Items "A" and "B" above.
(See Schedule No. 3) $ 622,928
(D) Full Cost Deficit for 1957 from the operation of Freight and
Passenger Service on the St. Lawrence and Adirondack
Railway (D) $ 146,947
(E) "Feeder" Value to the remainder of New York Central System
from Freight originating, terminating or moving over the St.
Lawrence and Adirondack Railway for 1957 $ 1,756,498
(F) St. Lawrence and Adirondack Railway proportion of the
Freight "Feeder Value" for 1957 based on a freight road
mileage pro rate $ 10,120
66354-2— li
484
In addition, another statement was submitted showing revenues and
selected items of expenses (Not all expenses) relating to the operation of the
passenger service for the first seven months of 1958 (which I will later on
refer to as Statement No. 2).
The most important items in that statement were as follows:
Total revenues $29,302.79
Wages, train and engine crews 28,183.01
Payments to Canadian Pacific Railway account operation
over the Adirondack Bridge and C.P.R. trackage into
Montreal, etc 33,194.93
Above-the-rail loss 54,747.80
Aside from the passenger carryings of the Railroad, the Board has informa-
tion with respect to the passenger carryings of the Provincial Transport Com-
pany which operates in the same territory as the Railroad, showing that
during the year 1955 the bus line carried 1,584,000 passengers; in 1956, 1,558,000;
in 1957, 1,502,563, the daily average, we are informed, being in excess of 4,000
passengers.
For reasons which will appear later, I think I should at this time make
some reference to the freight traffic. In evidence, it was stated that one freight
train operates each way between Montreal and Malone, N.Y., every twenty-
four hours, plus one switcher from Malone, N.Y., to Beauharnois, Que., and
return to Malone each day.
The position of those opposing the application of the Railroad can be very
briefly stated.
They do not want to be deprived of the passenger service.
They apparently do not want to realize or recognize the losses which the
Railroad incurs.
They appear to be of the view that the Railroad, irrespective of the
evidence submitted and which they all heard, is operating a very profitable
freight service and therefore can well afford to lose money in the operation
of the passenger service.
What I consider to be their main point, however, is that some arrangement
should be made with the Canadian Pacific Railway Company for that railway
to either take over the line or operate a passenger service, at least between
Montreal and Valleyfield.
SUMMARY
The evidence in this case, as indicated on Statement No. 1, shows the
above-the-rail loss to the New York Central System from the operation of the
passenger trains for the year 1957 to be $83,904 (See Item A) and the freight
feeder value for the year 1957, based on a freight road mileage pro rate,
amounts to $10,120 (See Item F).
By referring to Statement 2, which shows certain items of revenues and
expenses for the first seven months of the year 1958 and projecting same through
for a twelve-month period, if the passenger service were continued, the revenue
would approximate $50,232. The above-the-rail loss would approximate
$90,582. The wages of the train and engine crews would approximate $48,313,
and the payments to the C.P.R. would approximate $56,804.
A quick analysis of the above figures shows that the total revenue from the
operation of passenger service would be less than the amount payable to the
Canadian Pacific Railway Company and barely more than enough to pay the
wages of the train and engine crews.
485
Above-the-rail loss does not include all expenses and when all expenses
are taken into consideration it is reasonably safe to assume that if the service
were continued in operation the loss for the year 1958 would be in the
neighbourhood of $100,000, to which I would add that in evidence produced
before the Board in the last three hearings, going back as far as 1953 it is
clear that for the last four or five years the Railroad has suffered a loss of
approximately $100,000 each year in the operation of its passenger service
between Malone, N.Y., and Montreal, Que., and has not made a big profit
from its freight operations.
As to any deal being made between the Railroad and the Canadian Pacific
Railway Company to either take over the operation of the line or for the
Canadian Pacific Railway Company to operate a passenger service, say, between
Montreal and Valleyfield, it is not the function of this Board to attempt in any
way to bring about such an arrangement. During the hearing, the opposants
were advised that the way was open for them to initiate negotiations leading
towards an agreement with the Canadian Pacific Railway Company, if they
cared to do so.
Mention has been made herein of the number of passengers carried by the
Provincial Transport Company, which clearly indicates that there is in existence
another adequate system of transportation.
In this case, as in previous cases, the Board has to take into consideration
the loss to the Railroad and the inconvenience to the public and weigh one
against the other, and when it is found that the losses to the Railroad outweigh
the inconvenience to the public the application is approved, and vice versa.
In this case I consider, as above stated, that there is operating in the same
territory an adequate system of transportation and the loss to the Railroad out-
weighs the inconvenience to the public. True, there will be some inconvenience
and one can readily understand the feelings of the public who patronize the
train service when it becomes necessary to discontinue the operation.
For the above reasons, Order No. 95597, dated September 17, 1958, was
issued authorizing the Railroad to discontinue its passenger train service over
that part in Canada of the line of railway between Malone, in the State of New
York and Montreal, in the Province of Quebec.
In order that those who read may realize that this is not an isolated case,
I am setting out below a number of recent decisions of the Board with respect
to abandonment of lines and abandonment of passenger service.
1. Re C.N.R. Tweed Subdivision (1941) 53 C.R.T.C., 139. Abandonment of
operation of the Tweed Subdivision between Yarker and Tweed, Ontario,
a distance of 33.94 miles. System saving if line abandoned $22,203.
Application granted.
2. Re C.N.R. Lakefield Subdivision (1951) 66 C.R.T.C., 344. Abandonment of
operation of 16.24 miles. System saving if line abandoned $31,392. Applica-
tion granted.
3. Re C.N.R. Westport Subdivision (1952) 69 C.R.T.C., 136. Abandonment of
operation of 40.51 miles. System saving if line abandoned $83,035. Applica-
tion granted.
4. Re C.N.R. Algonquin Subdivision (1955) 72 C.R.T.C., 129. Abandonment of
operation of 39.95 miles of the Algonquin Subdivision. System saving if line
abandoned $97,109. Application granted.
5 Re Lake Erie and Northern and Grand River Railways (1955) 72 C.R.T.C.,
290. Discontinuance of passenger train service. Application granted.
486
6. Re London and Port Stanley Railway (1957) 74 C.R.T.C., 295. Discon-
tinuance of passenger train service. In this case, the passenger train
service was being operated from London, Ontario, to Port Stanley, Ontario,
a distance of some 24 miles. The record shows that the average monthly
loss was $6,000. Application granted.
H. B. CHASE.
Ottawa, November 4, 1958.
I concur: Hugh Wardrope
I concur: A. Sylvestre
487
Relativement a la requete de la New York Central Railroad Company, locataire
de la St. Lawrence and Adirondack Railway Company, et de ladite St.
Lawrence and Adirondack Railway Company, en date du 14 avril 1958,
en vue d'obtenir que la New York Central Railroad Company soit
autorisee a discontinuer entierement le service-voyageurs qu'elle assure
actuellement sur la ligne de chemin de fer entre Malone, dans I'Etat de
New York, et Montreal, dans la province de Quebec.
Dossier n° 28420
Devant:
Entendue a:
Hugh Wardrope, C.R., commissaire en chef adjoint
A. Sylvestre, C.R., commissaire en chef suppleant
H. B. Chase, C.B.E., commissaire
Montreal (P.Q.), le 11 septembre 1958.
Ont comparu:
H. R. Mulvena, C.R.
Cuthbert Scott, C.R.,
et
Guy M. Drummond
A. J. Alliston pour la compagnie de chemin de fer du Pacifique
Canadien
George Gould pour la cite de Montreal
pour la New York Central Railroad
Company
representants du Comite mixte pour
l'amelioration du service-voyageurs
de banlieue entre Montreal et
Beauharnois
R. L. Craik,
S. G. MODELAND
et
Gordon Conquergood
O. H. Bradley, Chateauguay Heights
Gerard Bruchesi, depute, Comte de Beauharnois
C. Gilmour, proprietaire, de Chateauguay Heights
JUGEMENT
Chase, commissaire,
La presente requete a ete entendue a une audience de la Commission tenue
a Montreal, dans la province de Quebec, le 11 septembre 1958, et a la suite
de laquelle a ete rendue l'ordonnance n° 95597 du 17 septembre 1958 qui, entre
autres choses, "autorisait la Requerante a discontinuer entierement son service
de trains de voyageurs sur le troncon canadien de la ligne de chemin de fer
reliant Malone, dans I'Etat de New York, et Montreal, dans la province de
Quebec," l'abandon autorise ne devant pas entrer en vigueur avant l'expiration
d'un avis public de trente jours et les raisons ayant motive l'approbation de la
requete devant etre exposees dans un jugement ecrit a une date ulterieure.
Pour bien comprendre le probleme que pose l'exploitation du service-
voyageurs de la New York Central Railroad Company, ci-apres denommee
quelquefois le "Chemin de fer", entre Malone, Etat de New York, et Montreal,
province de Quebec, j'estime necessaire d'examiner un peu l'histoire du service.
Au debut, la compagnie exploitait un nombre considerable de trains de
voyageurs entre les deux endroits mentionnes ci-dessus. De temps a autre, on
a diminue le nombre des trains et, le 17 avril 1953, la Commission a approuve la
discontinuation du service des trains directs nos 4 et 5, ce qui n'a laisse qu'un
train dans chaque direction.
488
A la suite de plaintes formulees par diverses parties interessees, la Com-
mission a tenu une audience a Valleyfield (P.Q.) le 25 juin 1953. L'objet de
cette audience etait expose dans les termes suivants:
"Plaintes formulees par divers interesses au sujet du
service de train de voyageurs assure par la New York Central
Railroad Company sur sa ligne entre Malone (N.Y.) et
Montreal (P.Q.), a la suite de la suppression recente des
trains n° 4 et n° 5."
Au cours de l'audience, on a allegue, entre autres choses, que le Chemin
de fer eloignait deliberement la clientele de son service-voyageurs en ne
faisant pas circuler assez de trains de voyageurs et en se servant d'un materiel
de qualite tres inferieure, que la ligne de conduite du Chemin de fer retardait
l'expansion de la region qu'il desservait, et que si on ameliorait le service-
voyageurs, la clientele augmenterait. On alleguait de plus que le service-
marchandises etait rentable.
M. S. G. Modeland, president du Comite mixte pour l'amelioration du
service-voyageurs de banlieue entre Montreal et Beauharnois, a presente ce
qu'il a appele un questionnaire mais qui pourrait a juste titre s'appeler une
petition. Cette petition signee par plus de 800 personnes demandait qu'un train
supplementaire soit ajoute au service de banlieue entre Montreal et Valleyfield.
Apres l'audition de la cause, le Chemin de fer consentit a ajouter deux trains
de banlieue chaque jour et un le samedi apres-midi entre Montreal et Valley-
field, avec l'entente que le train du samedi apres-midi terminerait son voyage
a Westmount et non a la gare Windsor. Ce service additionnel devait etre
assure pendant une periode d'essai commencant au debut de juillet pour se
terminer le 27 septembre avec la mise en vigueur de l'horaire d'automne; il
etait en outre entendu que si la clientele n'etait pas suffisante, ce service addi-
tionnel serait discontinue a la fin de la periode d'essai. Le Chemin de fer
consentait aussi a etendre la zone de banlieue de St-Timothee a Valleyfield.
Ces trains ont circule du 6 juillet au 27 septembre 1953, alors que, faute de
clientele suffisante, le service a ete discontinue.
Au cours de cette periode, les inspecteurs de la Commission, section de
l'exploitation, ont voyage a bord de ces trains a plusieurs reprises et, pendant
toute la periode ou ces trains ont circule, ils ont transports en moyenne 50
voyageurs chacun.
Le 15 septembre 1956, le Chemin de fer a presente une nouvelle requete a
la Commission en vue d'obtenir l'autorisation de supprimer entierement son
service-voyageurs entre Montreal et Malone. La demande etait accompagnee
d'un etat des recettes et depenses pour l'annee 1955. Les requerants ont allegue
que l'exploitation proprement dite du service-voyageurs s'est soldee par une
perte de $114,549.
Ne jugeant pas satisfaisants les chiffres relatifs a l'exploitation de 1955, la
Commission a demande au Chemin de fer, par l'entremise de l'avocat de celle-ci,
M. Cuthbert Scott, de presenter d'autres etats indiquant les resultats de l'ex-
ploitation pour l'annee 1956 et, comme dans tous les cas qui comportent
l'abandon complet d'un service-voyageurs ou la suppression d'une ligne de
chemin de fer, la Commission a demande a d'autres chemins de fer de lui
fournir des renseignements relatifs aux recettes et depenses du service-
marchandises sur l'embranchement en question et sur l'ensemble de la ligne en
vue de determiner la valeur de l'apport de l'embranchement a la ligne principale
et d'en arriver a une decision fondee sur la comparaison de la perte financiere
subie par le Chemin de fer et de Tincommodite causee au public; le Chemin de
489
fer a ete prie de preparer de tels etats et de les soumettre a la Commission.
Par la suite, la Commission a decide de tenir une autre audience dans la ville de
Valleyfield (P.Q.) le 26 mars 1957.
II n'y a pas lieu de mentionner dans le present jugement la preuve
apportee au cours de l'audience du 26 mars 1957. Le jugement du commissaire
en chef en date du 18 avril 1957 se passe de commentaires. Pour les raisons
exposees dans ledit jugement, la Commission a autorise le Chemin de fer a
abandonner l'exploitation des trains nos 25 et 26 le samedi et du train n° 35 le
dimanche, et elle a rejete le reste de la demande. II est bon cependant de
rappeler que le jugement mentionnait le ralentissement de la circulation
routiere au cours de la periode pendant laquelle on procederait a l'exhausse-
ment du pont Mercier en vue de l'achevement des travaux de la voie maritime
du Saint-Laurent.
Venons-en maintenant a l'audience qui a eu lieu a Montreal le 11 septembre
1958.
Le Chemin de fer a presente des etats du nombre de voyageurs transportes
au cours de diverses periodes; ces etats indiquent que la moyenne quotidienne
des voyageurs etait d' environ 200 dans chaque sens.
Suit un etat des recettes et des depenses pour l'annee 1957 qui, dans la
suite du present jugement, sera cite sous le titre d'Etat n° 1.
NEW YORK CENTRAL RAILROAD COMPANY
Etat des recettes et des depenses relatives a l'exploitation du St. Lawrence
and Adirondack Railway au Canada pour l'annee 1957.
(A) Perte subie par le reseau du New York Central dans l'ex-
ploitation propre des trains de voyageurs nos 25, 26, 32 et 35 du
St. Lawrence and Adirondack Railway.
(Voir Annexe n° 1) (D) $ 83,904
(B) Benefices directs decoulant de l'exploitation des services-
voyageurs et marchandises du St. Lawrence and Adirondack
Railway.
(Voir Annexe n° 2) $ 255,845
<C) Depenses generates non comprises dans les postes (A) et
(B) ci-dessus.
(Voir Annexe n° 3) $ 622,928
<D) Deficit global pour 1957 provenant de l'exploitation des
services-voyageurs et marchandises du St. Lawrence and
Adirondack Railway (D) $ 146,947
(E) Valeur d'apport pour le reste du reseau du New York Central
du trafic-marchandises en provenance ou a destination du
St. Lawrence and Adirondack Railway ou transports sur ce
chemin de fer, pour l'annee 1957 $ 1,756,498
<F) Proportion de l'apport en trafic-marchandises du St. Lawrence
and Adirondack Railway pour 1957, base sur le taux propor-
tionnel de parcours milliaire des marchandises $ 10,120
On a depose un autre etat indiquant les recettes et certains postes de
depenses selectionnes (pas toutes les depenses) de l'exploitation du service-
yoyageurs pour les sept premiers mois de 1958, etat qui sera designe ci-apres
Etat n° 2.
Les postes les plus importants de cet etat sont les suivants:
Total des recettes « $29,302.79
Salaires du personnel des locomotives et des trains 28,183.01
Paiement au compte du Pacifique-Canadien, usage du pont
Adirondack et des voies ferrees du P.-C. dormant acces
a la ville de Montreal 33,194.93
Perte afferente a l'exploitation propre 54,747.80
66354-2—2
490
Outre les renseignements recueillis sur le nombre de voyageurs du Chemin
de fer, la Commission a aussi obtenu des renseignements sur le nombre de
voyageurs transporter par la Compagnie de transport provincial, qui dessert le
meme territoire que le Chemin de fer et les chiffres indiquent que la compagnie
d'autobus a transports 1,584,000 voyageurs en 1955, 1,558,000 en 1956 et
1,502,563 en 1957. La moyenne quotidienne excede, dit-on, 4,000 voyageurs.
Pour certaines raisons que j'exposerai plus loin, je crois qu'il est opportun
que je fasse mention ici du trafic-marchandises. Au cours de la preuve, on a
declare qu'un train de marchandises circule toutes les vingt-quatre heures
entre Montreal et Malone (N.Y.) dans chaque sens et de plus un train par jour
sur l'embranchement de Malone (N.Y.) a Beauharnois (P.Q.) aller et retour.
Le point de vue des adversaires de la requete du Chemin de fer peut etre
expose tres brievement.
lis ne veulent pas etre prives du service-voyageurs.
lis semblent ne pas vouloir se rendre compte des pertes subies par le
Chemin de fer.
lis semblent etre d'avis que, malgre la preuve apportee et qu'ils ont tous
entendue, le Chemin de fer exploite un service-marchandises tres lucratif et
que, par consequent, il peut se permettre de perdre de l'argent dans l'exploitation
du service-voyageurs.
Mais leur argument principal, a ce qu'il me semble, c'est qu'une entente
devrait se conclure avec le Pacifique-Canadien pour que ce chemin de fer
prenne charge de la ligne en question ou exploite un service-voyageurs, au
moins entre Montreal et Valleyfleld.
RESUME
La preuve apportee dans cette cause indique, tel qu'il apparait dans l'etat
n° 1, que la perte subie par le reseau du New York Central dans l'exploitation
propre des trains de voyageurs a ete de $83,904 pour l'annee 1957 (Voir poste
A) et que la valeur d'apport de cette ligne en trafic-marchandises pour l'annee
1957, basee sur le taux proportionnel de parcours milliaire, a ete de $10,120
(Voir poste F).
L'etat n° 2 donne certains postes de recettes et de depenses pour les sept
premiers mois de 1958 et si on augmentait proportionnellement ces montants
pour qu'ils representent une periode de douze mois, les recettes seraient
d'environ $50,232 et la perte afferente a l'exploitation propre serait d'environ
$90,582. Les salaires du personnel des trains et des locomotives seraient
d'environ $48,313 et les paiements au Pacifique-Canadien d'environ $56,804.
Une analyse rapide des chiffres ci-haut mentionnes revele que le revenu
total provenant de l'exploitation du service-voyageurs serait moindre que le
montant payable au Paficique-Canadien et a peine superieur aux salaires des
equipes des trains et des locomotives.
La perte afferente a l'exploitation propre du service ne comprend pas toutes
les depenses; si Ton tient compte de toutes les depenses, on peut affirmer sans?
crainte de se tromper que si le service etait maintenu, la perte pour 1958
s'eleverait a pres de $100,000. Je puis ajouter que la preuve soumise a la Com-
mission au cours des trois dernieres audiences, remontant jusqu'a 1953, indique
clairement que le Chemin de fer, pendant les quatre ou cinq dernieres annees,
a subi une perte d'environ $100,000 par annee dans l'exploitation de son service-
voyageurs entre Malone (N.Y.) et Montreal (P.Q.) et n'a pas realise de benefices
considerables avec son service-marchandises.
Quant a la possiblite d'une entente entre le Chemin de fer et le Pacifique-
Canadien afin que ce dernier prenne charge de la ligne ou exploite un service-
voyageurs entre Montreal et Valleyfleld par exemple, il n'appartient pas a la
491
Commission d'intervenir en vue d'amener une entente de ce genre. Au cours
de l'audience, les parties ont ete avisees qu'elles avaient toute liberte d'entamer
des negociations a cette fin si elles le desiraient.
Nous avons mentionne le nombre de voyageurs transportes par la Compagnie
de transport provincial, et ce nombre indique clairement qu'il existe un autre
moyen de transport convenable.
Dans cette cause, comme dans les causes anterieures, la Commission doit
tenir compte de la perte subie par le Chemin de fer et de l'incommodite causee
au public et comparer l'un a l'autre les deux inconvenients. Lorsqu'il est
constate que les pertes subies par le Chemin de fer sont plus considerables que
l'incommodite causee au public, la requete est approuvee. Dans le cas contraire,
elle est rejetee.
Dans la presente cause, je prends en consideration, comme je l'ai dit plus
haut, qu'il y a dans le meme territoire un systeme de transport convenable
et que la perte subie par le Chemin de fer est plus considerable que l'incommo-
dite causee au public. II est vrai que le public aura a subir certains inconve-
nients et, lorsqu'il est necessaire de discontinuer un service de chemin de fer,
on peut comprendre facilement les sentiments du public qui a coutume de
l'utiliser.
Pour les raisons mentionnees ci-dessus, l'ordonnance n° 95597 du 17
septembre 1958 a ete rendue pour autoriser le Chemin de fer a discontinuer son
service-voyageurs sur le troncon canadien de la ligne qui relie Malone, dans
l'Etat de New York, et Montreal, dans la province de Quebec.
Afin que ceux qui prendront connaissance du present jugement puissent
se rendre compte qu'il ne s'agit pas ici d'une cas isole, je cite ci-dessous un
certain nombre de decisions recentes de la Commission qui ont trait a l'abandon
de certaines lignes et de certains services-voyageurs.
1. Subdivision de Tweed du National-Canadien (1941) 53 C.R.T.C., 139 —
Abandon de l'exploitation de la subdivision de Tweed entre Yarker et Tweed
(Ont.), sur une distance de 33.94 milles. Economie de $22,203 pour le reseau
si la ligne est abandonnee. Demande accordee.
2. Subdivision de Lakefield du National-Canadien (1951) 66 C.R.T.C., 344 —
Abandon de l'exploitation de 16.24 milles. Economie de $31,392 pour le
reseau si la ligne est abandonnee. Demande accordee.
3. Subdivision de Westport du National-Canadien (1952) 69 C.R.T.C., 136 —
Abandon de l'exploitation de 40.51 milles. Economie de $83,035 pour le
reseau si la ligne est abandonnee. Demande accordee.
4. Subdivision d'Algonquin du National-Canadien (1955) 72 C.R.T.C., 129 —
Abandon de l'exploitation de 39.95 milles de la subdivision d'Algonquin.
Economie de $97,109 pour le reseau si la ligne est abandonnee. Demande
accordee.
5. Lake Erie and Northern and Grand River Railways (1955) 72 C.R.T.C., 290 —
Suppression du service-voyageurs. Demande accordee.
6. London and Port Stanley Railway (1957) 74 C.R.T.C., 295— Suppression du
service-voyageurs. Dans ce cas, le service-voyageurs etait exploite entre
London (Ont.) et Port Stanley (Ont.) sur une distance de 24 milles environ.
Les documents demontrent que la perte mensuelle moyenne etait de $6,000.
Demande accordee.
H. B. CHASE.
Ottawa 4 novembre 1958.
J'agree: Hugh Wardrope
J'agree: A. Sylvestre
66354-2—2^
492
■
INDEX
Page
THE APPLICATION 493
DIFFERENTIAL ROUTES 494
POSITION OF THE INTERVENORS 495
PRESENT DIFFERENTIALS 496
HISTORY OF DIFFERENTIAL RATES 496
CONSTRUCTION OF THE DIFFERENTIAL RATES 499
THE ALLEGATION OF UNJUST DISCRIMINATION AND UNDUE
PREFERENCE 500
PURPOSE OF THE DIFFERENTIAL RATES 503
THE ALLEGATIONS OF UNREASONABLENESS, AND RATES BASED
ON COST OF SERVICE 505
GENERAL OPERATIONS OF THE CANADA STEAMSHIP LINES 507
PACKAGE FREIGHT OPERATIONS OF CANADA STEAMSHIP LINES 508
PACKAGE FREIGHT OPERATIONS OF CANADIAN PACIFIC AND
NORTHWEST STEAMSHIPS 509
RELATIONSHIP BETWEEN THE VARIOUS CLASSES 510
JURISDICTION OF THE BOARD 511
FINDINGS 513
ORDER 514
493
In the matter of the application of The Winnipeg Chamber of Commerce for an
Order directing the railway and water carriers under the jurisdiction of
the Board to remove alleged unjust discrimination and undue preference
in tariffs of the said carriers on traffic moving between eastern and
western Canada:
File No. 48315
Heard at Winnipeg, Manitoba, February 24-25, 1958.
Before:
Armand Sylvestre, Q.C., Deputy Chief Commissioner.
Leonard J. Knowles, Commissioner.
Appearances:
G. R. Hunter, Q.C., for The Winnipeg Chamber of Commerce.
Lovell Carroll, Q.C., for the Montreal Board of Trade.
E. G. Charnock, representing the Chamber of Commerce of Fort
William and Port Arthur.
D. H. Jones, for the Government of the Province of Manitoba.
W. G. Doherty, for the Province of Saskatchewan.
Hazen Hansard, Q.C., for the Canada Steamship Lines.
F. Ainsworth, representing the Canadian Industrial Traffic League.
K. D. M. Spence, Q.C., )
and r for the Canadian Pacific Railway
A. J. Alliston, | Company.
W. G. Boyd, for the Canadian National Railways.
J. J. Frawley, Q.C., for the Province of Alberta and the Edmonton
Chamber of Commerce.
JUDGMENT
By the Board:
The Application
The Winnipeg Chamber of Commerce, by its application dated June 26,
1956, requested an Order of the Board directing the railway and water carriers
under the jurisdiction of the Board to remove alleged unjust discrimination
and undue preference in tariffs of the said carriers on traffic moving between
eastern and western Canada.
The traffic referred to is transported partly by rail and partly by water,
subject to the provisions of the Railway Act, Chapter 234, R.S.C. 1952, and the
Transport Act, Chapter 271, R.S.C. 1952. Under the Transport Act, goods in
bulk, as defined in section 2(d), are excluded from the provisions of the Act,
in respect of the Great Lakes and St. Lawrence River, thus restricting its
application there to what has come to be known as "package freight", i.e.,
articles which can readily be handled by the water lines.
The rates complained of are joint through rates on such package freight
between eastern and western Canada and are variously known as lake-and-rail
rates, rail-and-lake rates, and rail-lake-and-rail rates, and collectively as
differential rates. The lake-and-rail rates are those applying westbound by
water from ports and places on the Great Lakes and St. Lawrence River to the
Head of the Lakes, thence by rail beyond; the rail-and-lake rates are the
same kind of rates but applying in the opposite direction from west to east;
the rail-lake-and-rail rates apply to a movement by rail in both eastern and
western Canada with a movement by water in between the two rail movements;
they may apply in either direction. These various rates are hereinafter
sometimes designated collectively as "differential rates".
494
The all-rail rates between eastern and western Canada are referred to
herein because the differential rates are related to the all-rail rates, but the
applicant is not complaining of the all-rail rates per se, nor does it complain
of the local rates of the water carriers between any ports and places on the
St. Lawrence River and the Great Lakes.
Primarily the attack upon the differential rates by The Winnipeg Chamber
of Commerce, as denned in the evidence and argument, is directed to alleged
unjust discrimination against the City of Winnipeg and the Province of Mani-
toba, and undue preference to points further west, in the rates via the
differential routes and in the divisions of such through rates alleged to be
received by the water carriers between the eastern ports and the Head of the
Lakes. The applicant also questions the inherent reasonableness of the rates,
based on costs of operation of the water carriers.
One of the intervenors also brought into question the whole body of rates
of the water lines, or participated in by the water lines, based on their cost of
operation.
Examples of the rates complained of by The Winnipeg Chamber of Com-
merce were confined entirely to class rates, but it may be noted that there are
numerous joint through commodity rates published between eastern and western
Canada via the differential routes, made on a differential basis related to the
all-rail commodity rates. These commodity rates would also be affected by any
changes, if made, in the method of constructing or revising the differential class
rates. There is also a limited number of commodity rates made by publishing
proportional rates to Port Arthur and Fort William to be added to the rates
beyond; these rates are not involved.
The all-rail rates are, of course, in effect the year round; the differential
rates are seasonal rates effective only during the open season of navigation on
the St. Lawrence River and the Great Lakes. These seasonal rates come into
effect about March or April each year, and are suspended with the close of
navigation, usually in the latter part of November or early December.
The submission attached to the application is divided into two principal
allegations, (1) that the differential class rates were wrongly constructed
by the carriers following the institution of the uniform all-rail equalized class
rates on March 1, 1955; and (2) that when general increases occur, as they have
occurred several times in the rate structure due to increased railway costs,
the differential rates should not automatically be raised by the mere deduction
of the usual differential from the increased all-rail rates without a showing
that the water lines are actually in need of increases.
Differential Routes
Most of the railway companies in Canada participate in some or all of the
differential routes, but the number of water carriers on the Great Lakes which
participate is limited and consists of the Canada Steamship Lines, The Northern
Navigation Company (now a subsidiary of the Canada Steamship Lines), the
Northwest Steamships Ltd., and the Canadian Pacific Railway (Great Lakes
Steamship Service).
Without detailing all of the available routes, the principal routes are as
follows:
Via lake- and-r ail
(or vice-versa)
Between ports and places in eastern Canada served by the Canada Steamship
Lines, thence by water to Port Arthur, Fort William or West Fort William,
Ont., and Canadian National Railways, or Canadian Pacific Railway, and
connections beyond.
495
Via rail-lake -and-r ail
Rail via the Canadian National Railways to Sarnia (Point Edward), Ont.,
Northern Navigation Company by water to Port Arthur, Fort William or West
Fort William, Ont., thence Canadian National Railways and connections beyond
(or vice- versa); or Rail via Canadian Pacific Railway to Port McNicoll, Ont.,
C.P.R. Great Lakes Steamships to Fort William, Ont., and Canadian Pacific
Railway and connections beyond (or vice-versa).
Position of the Intervenors
The application of The Winnipeg Chamber of Commerce was supported
by the following intervenors on the grounds shown:
The Canadian Industrial Traffic League supports the application in general,
but does not confine itself to alleged unjust discrimination in the differential
rates. The League bases its support principally on the following grounds:
(1) there have been several increases in the differential rates since 1948
without an actual showing of increased costs by the water lines;
(2) that the rates should be based on the cost and value of the service
of the water lines;
(3) that, despite item (2), the large shipping group extending from
Windsor, Ont. to Montreal, Que. should not be broken up through any
change in the differential rates.
This position was emphasized by the appearance of the Vice-President of the
League to give evidence on that basis.
The Canadian Manufacturers Association also supported the application
in written submissions, dated July 6 and September 13, 1956, requesting an
investigation by the Board into the costs of transportation by water as to
whether such rates are just and reasonable in accordance with the requirements
of the Statute. A later written submission, dated October 9, 1957, however,
qualified materially the Association's support of the application and said that
while the Association is in agreement with the principle urged by the applicant
that rates via a particular form of transport should be based on its own
characteristics, the principle would have particular validity if the local rates
of water carriers were in issue; but that via the joint differential routes and
in view of the service disadvantage of the water carriers, the Association
contended that primary consideration is the relative level of rates via the
respective routes. The Association, therefore, submitted calculations to show
that the relative value of the differentials had shrunk by about two-thirds of
their former value. For example, on Class I (now Class 100) the value of the
deduction on lake-rail traffic had shrunk from 18.7% of the all-rail rate in
1914 to 6.5% on April 1, 1955.
The Association therefore recommends:
"We would respectfully submit that in the interest of preserving the
joint rail-and-water routes for the benefit of the shipping public, the Board
should examine the propriety of the existing differentials as a measure of
the difference in the value of the respective rail and water services, and
in view of their diminishing ratio to the all-rail rates, determine whether
the differentials as prescribed in its (Class Rate) Judgment of December 12,
1952, would not be more appropriate in maintaining a balance between
these competing classes of routes."
The Association, however, did not appear at the hearing by a witness to
substantiate its written submissions.
The Windsor Chamber of Commerce, the Collingwood Chamber of Com-
merce, the Fort William-Port Arthur Joint Transportation Committee of the
496
Chamber of Commerce, the Brandon Chamber of Commerce and the Govern-
ment of the Province of Manitoba expressed unqualified support of the
application, but the Windsor and Collingwood Chambers of Commerce did not
appear at the hearing to substantiate their written statements.
The application was opposed by the following interveners on the grounds
stated:
The Montreal Board of Trade and the Canada Starch Company, Montreal,
on the grounds that they were concerned that the application might lead to
disruption of the large shipping group in eastern Canada, covering generally
the territory from Windsor, Ont. to Montreal, Que., if rates were based on the
hauls and costs of the water lines.
The Province of Alberta and the Edmonton Chamber of Commerce opposed
the application not because it might result in a reduction in rates, but because,
as stated by Counsel, they were "not in favour of the restoration of the
preferential position of Winnipeg in the matter of rates between eastern and
western Canada". This has reference to the abolition of the former method of
making rates between east and west by means of a "constructive mileage" rate
between Fort William and western points, plus a fixed arbitrary between the
east and the lakehead.
The Maritimes Transportation Commission, representing the Governments
of the four Maritime Provinces, expressed, by letter, an interest in the matter
without taking any position, but did not appear at the hearing either in
opposition to or in favour of the application.
Present Differentials
The "differentials", i.e., the amounts in cents per 100 lbs., which are
deducted from the through all-rail rates to arrive at the joint differential rates
between eastern and western Canada, as at present constituted, are as follows:
via rail-lake-rail routes
Class 100 85 70 55 45 40 33 30 27
Cents per 100 lbs 25 20 14 10 7 6 5 5 5
via lake-rail or rail-lake routes
Class 100 85 70 55 45 40 33 30 27
Cents per 100 lbs 34 28 21 16 12 10 8 8 8
The Class 33, 30 and 27 rates will not be further shown, as the applicant
did not refer to them in evidence.
History of the Differential Rates
A witness for the applicant, Mr. V. M. Stechishin, submitted on the record
an elaborate history of the differential rates, covering a period of over 75 years
and showing in detail over 30 changes in rates, divided into five separate parts,
which indicates painstaking and valuable research.
The first period covers from prior to 1881 to about 1906. Before 1885 there
was no rail communication north of Lake Superior between eastern and
western Canada, and at that time traffic for western Canada was transported
by rail through the United States via Chicago and St. Paul; then about 1885,
with the completion of the Canadian Pacific Railway, all-rail rates were
established between east and west through North Bay and Fort William, based
on an "arbitrary" rate from the east to Fort William, plus the local, or pro-
portional, rates between Fort William and western Canada.
The historical data also refers to "rail and lake" rates during this period,
but is indefinite as to whether through rates were made effective at the same
time as the all-rail rates. However, it does refer to a statement made by
497
Mr. W. B. Lanigan, former General Freight Traffic Manager of the Canadian
Pacific Railway, before the Board on October 19, 1917, and reproduced in the
transcript of the Board at page 12556 of November 30, 1953, respecting the
rates made in the year 1885:
"Now, to show you that this was the fact, the first tariff, number FT1,
that was made out at that time named all-rail rates to the Lakehead, and
the through rate was arrived at by adding the rate to the rail head to the
rate beyond. At that time, the proportionate rates that applied from
Montreal to the Lakehead to be used in connection with the proportionate
tariff west thereof were":
This statement would indicate that the first combinations of rates between
east and west via an all-Canadian route were "all-rail" rates. No doubt,
however, there were combinations of local rates by water to Fort William, and
local or proportional rates between Fort William and western Canada some
time before the through all-rail rates in C.P.R. Tariff No. F.T. 1 were published
in 1885.
The first historical period (as set forth by Mr. Stechishin) was characterized
by several experiments and changes in rate-making between east and west,
resulting generally in reductions in the rates and in the arbitraries east of Fort
William both all-rail and lake-and-rail. Several reductions also took place
in the rates between Fort William and western Canada, resulting in further
reductions in the through rates between east and west.
The last change between the east and west prior to the creation of this
Board appears to have been on May 10, 1902.
For simplicity, only the Class I rates will be quoted, until it becomes neces-
sary to set forth the scale on the remaining classes.
Prior to May 10, 1902, the through all-rail Class I rate from Montreal to
Winnipeg was $2.08 per 100 lbs., the "arbitrary" proportion to Fort William
of that rate being $1.15; at the same time the all-rail rate from Toronto to
Winnipeg was $1.88 per 100 lbs. and the arbitrary portion to Fort William was
95 cents, or a difference of 20 cents in each case.
On May 10, 1902, the Class I all-rail through rate from Montreal to
Winnipeg was reduced to $1.98 per 100 lbs., and from Toronto to Winnipeg to
$1.78 per 100 lbs.
Both before and after May 10, 1902, the "lake" or "all-water" arbitrary
from both Montreal and Toronto appears to have been 50 cents per 100 lbs.
The changes made prior to 1904, when this Board was originally constituted
under the title of the Board of Railway Commissioners for Canada, are not
particularly pertinent.
The next principal change covered by the historical data occurred on
December 23, 1907, when a drastic change was made in the through rates,
both all-rail and via the differential routes, and in the "arbitrary" method of
constructing such rates between the east and Fort William. The railways at
that time decided to reduce the through rates from Toronto and concurrently
made the Toronto rates applicable from Montreal, resulting in the following
rate scales, arbitraries, and differentials:
Classes in cents per 100 lbs.
Montreal-Toronto to Winnipeg all-rail
Fort William to Winnipeg (unchanged)
Eastern arbitrary (all-rail)
Rail, Lake and Rail arbitrary
Differential all-rail over rail-lake-rail
"All-water" differential
It will be noted that the all-rail arbitrary had then been settled at 75 cents
per 100 lbs. for Class I, and at 50 cents for the rail-lake-rail arbitrary, with a
66354-2—3
1
2
3
4
5
6
164
139
112
86
71
64
89
75
60
45
40
34
75
64
52
41
31
30
50
44
38
31
25
25
25
20
14
10
6
5
33
27
20
15
9
n
498
difference of 25 cents between them. It is stated by the complainant that this
difference is the "differential, all-rail over the lake-and-rail". The "lake-and-
rail" designation in this case as quoted also by the applicant in several other
places in the first historical period is now understood to mean "rail-lake-and-
rail" differential; the lake-rail differential (formerly named the "all- water"
differential) on Class I was 8 cents greater, or 33 cents per 100 lbs. below the
all-rail rates.
Without detailing all the information in the historical data to show the
numerous changes, it may be said that the second period from 1907 to 1918
shows some minor changes in the arbitraries and differentials, and in the cor-
responding through rates; the third period from 1918 to 1938 includes the
general increases in rates made during and soon after the first World War;
the fourth period from 1939 to the end of February 1955 includes the further
changes made in 1952 in both the all-rail and the differential rates as the
result of the reductions made by applying the "Bridge Subsidy" to both types
of rates, and the further general increases as a result of the second World War;
and finally the fifth period from March 1, 1955 details the further changes in
rates between east and west which have taken place due to the equalization
of the class rates throughout Canada, as the result of the national freight rates
policy enacted by Parliament in 1951 in what is now section 336 of the Railway
Act, and the consequent changes in the differential rates, and the general
increases of 1956 and 1957.
The principal changes that have been made in the rates since the first
historical period may be summarized as follows:
(a) The percentage increases which now amount to 251.2% over the
normal all-rail rates since December 23, 1907, i.e., from $1.64 to $5.76
per 100 lbs. on Class I; with corresponding increases in cents per
100 lbs. via the differential routes;
(b) The introduction of a deduction which is now 28 cents per 100 lbs. on
Class 100 for the subsidy provided in section 468 of the Railway Act,
commonly known as the "bridge subsidy", via the all-rail routes only,
which also caused the water carriers to make voluntarily the same
reduction out of their revenues if they desired to remain in the
carriage of traffic between eastern and western Canada;
(c) The elimination of the method of making the all-rail class rates
between east and west by means of an "arbitrary" east of Port Arthur
which was added to the local rates beyond, and the substitution of a
through continuous mileage scale on March 1, 1955 under the provisions
of section 336 of the Railway Act, resulting in progressive tapering of
the rates east and west of Fort William instead of a fixed amount east
of Fort William; and
(d) The consequent change in the differential rates by deducting the
"differentials" from the all-rail rates referred to in paragraph (c)
above.
As the result of these changes, the rates (as of March 1, 1957, when the
history concludes) between Montreal-Toronto and Winnipeg via the various
routes became as follows:
Old Class
1
2
3
4
5
6
New Class 200
85
70
55
45
40
576
490
403
316
260
231
All rail through rates
28
25
22
19
17
16
Bridge subsidy deduction
Cents
548
465
381
297
243
215
Shipper's rates (all-rail)
per
25
20
14
10
7
6
Deduct differentials
100 lbs.
523
445
367
287
236
209
Resulting rail-lake-and-rail rates
9
8
7
6
5
4
Less extra differential for lake-rail rate
514
437
360
281
231
205
Resulting lake-rail rates
499
The above rates include the general increase of 11% of January 1, 1957.
(The 3.6% further increase which was provided for by the Board's Judgment
in J.O.R. & R. Vol. XL VII, No. 19A, and which was timed to become effective
on January 15, 1958, was disallowed by the Governor-in-Council on appeal).
Construction of the differential rates
One of the principal contentions of the applicant is that the differential
class rates were wrongly constructed by the carriers in relation to the general
revision of the equalized all-rail class rates prescribed by the Board in
Volume XLIII J.O.R. & R., No. 23A, which became effective on March 1, 1955.
The error alleged is that the differentials have been deducted from the all-rail
rates, instead of first making rates based on the characteristics of water trans-
portation and then adding a premium for all-rail service. It was further
submitted that the principle of making the water rates first was in effect up
to and including December 23, 1907, but after that time the principle was
erroneously reversed in the general freight rate increases, i.e., by advancing
the all-rail rate first and then deducting the differentials.
On this point, Witness Stechishin said:
"Originally, the differential was the measure of the amount which the
railways considered their speedier service was worth to the shipper, and it
was added to the lake rate from Eastern Canada to Fort William to arrive
at the all-rail rate between those points. Under those conditions, the lake
rate to Fort William constituted a hold down on the all-rail rates."
Transcript Vol. 1013, p. 2061.
At that time the Class I lake-and-rail arbitrary was made 50 cents on
Class I freight, and the all-rail rate is stated to have been made by adding
25 cents on Class I freight, thus making an "arbitrary" for all-rail movement
from the Toronto-Montreal group of 75 cents for Class I (which, in turn, was
added to the Class I rates west of Fort William). The lower classes (2 to 10)
were made by adding graded arbitraries to Classes 2 to 10 west of Fort
William.
The through all-rail rates, however, since March 1, 1955 have been made
on a continuous mileage basis, prescribed by the Board, between the Toronto-
Montreal group and western Canada (using the Toronto mileage as the key
point) in accordance with the provisions of section 336 of the Railway Act.
It is now the suggestion of the applicant that, while leaving in effect the
prescribed all-rail rates, the differential rates in which the water lines partici-
pate should be made on an entirely different basis unrelated to the all-rail
rates. That basis, as submitted to the Board in this case, is to establish a "water
factor" between eastern Canada and the Head of the Lakes, and add thereto
the local rates of the rail lines beyond. In other words, the proposal is to
revert to the "arbitrary" method used in 1907 so far as the differential rates
are concerned.
On this point, considerable confliction appears in the evidence; while the
witnesses for the applicant advocated the 1907 method of making the lake-rail
and rail-lake-rail rates, they disclaimed, on the one hand, the disturbance to
the prescribed all-rail rates that such a method of making the differential
rates would probably engender, while, on the other hand, frankly admitting
that if their proposed method had that ultimate effect on the all-rail rates,
then the railways would have to meet it by competitive all-rail rates. The
ultimate object of the applicant, therefore, is well expressed in the last words
of the foregoing quotation — "the lake rate to Fort William constituted a hold
down on the all-rail rates." The method of making any rate, however, is not
important; it is the resulting rate that must be considered.
66354-2— 3i
500
The allegation of unjust discrimination and undue preference
The applicant contends that the present differential rates are unjustly
discriminatory against the City of Winnipeg and the Province of Manitoba, and
unduly preferential in favour of points west thereof.
As previously stated, the applicant disclaims any intention of directly
attacking the all-rail rates; in fact, it could hardly do so for two considerations:
(1) that such rates were prescribed by the Board as just, reasonable and non-
discriminatory rates, in compliance with section 336 of the Railway Act; (2)
that the class rates were constructed by the Board in the very manner
advocated by the Government of the Province of Manitoba in its brief to the
Royal Commission on Transportation (1951):
"In other words, we feel that your Commission should recommend that
standard mileage class rates, distributing class rates, and town tariffs
should be consolidated into a single uniform basic class rate structure
applicable to all parts of Canada and that any deviations from that uniform
pattern should be treated as exceptions subject to the tests which have
already been suggested." (page 10 of Chapter IX)
That recommendation was adopted by the Royal Commission with specific
suggestions that the "arbitrary" method of making all-rail rates between east
and west should be abolished and that the mileage scale should be tapered for
the through distances between east and west.
No recommendation was made by any interested party to the Royal Com-
mission, nor by the Royal Commission, with regard to differential rates, and it
is a reasonable assumption that all parties expected that the differential rates
would be made by deducting the usual differentials off the all-rail rates, which
was done, with some minor changes.
The City of Winnipeg and the Province of Manitoba, however, now suggest
that owing to what they term anomalies in the differential rates, the former
method of making differential rates should be restored, i.e., by making fixed
arbitrary proportions for the water or rail-water portions of the differential
routes, and adding thereto the local rates of the railways from Port Arthur
and Fort William to points west thereof.
The principal "anomaly" complained of is that the alleged portions of the
rates for the water lines east of Port Arthur or Fort William vary with the
destinations in western Canada, and it is stated, as a result, that the applicant's
assumed rate for the portion of the water haul on traffic for Winnipeg is
greater than for any point west thereof. To illustrate this allegation, a witness
for The Winnipeg Chamber of Commerce, Mr. Evan McCormick, filed a state-
ment as Appendix A-l to his brief, based on class 45 rates (the former 5th class
basis) as follows:
ANALYSIS OF LAKE AND RAIL RATES FROM WATER PORTS FROM
LEAMINGTON EAST TO SELECTED POINTS IN WESTERN CANADA
All Lake
Rail and
Rate Differential Rail
Rail
Factor
Water
Factor
Fort William, Ont
Winnipeg, Man
Portage la Prairie, Man.
Brandon, Man
Weyburn, Sask
Yorkton, Sask
Regina, Sask
Moose Jaw, Sask
174 12 162
243 12 231
252 12 240
265 12 253
298 12 286
298 12 286
307 12 295
316 12 304
115
124
142
174
165
183
188
0
162
116
116
111
112
121
112
116
501
All Lake
Rail and
Rate Differential Rail
Rail
Factor
Water
Factor
Saskatoon, Sask
Swift Current, Sask. .
Prince Albert, Sask. .
North Battleford, Sask
Medicine Hat, Alta. . .
Lethbridge, Alta
Edmonton, Alta
Calgary, Alta
Penticton, B.C
Vancouver, B.C
Victoria, B.C
Prince Rupert, B.C. . .
325 12 313
334 12 322
334 12 322
343 12 331
360 12 348
377 12 365
384 12 372
393 12 381
454 12 442
483 12 471
489 12 477
524 12 512
201
210
210
223
232
255
264
264
345
381
390
431
112
112
112
108
116
110
108
117
97
90
87
81
The basis for this analysis as given by the witness was:
"The Class 45 Lake & Rail rate has been split as follows:
(a) The rail factor is the authorized rail rate from Fort William to
destination.
(b) The water factor is the remainder."
For the purpose of this contention, therefore, the witness alleged that the
"water factor" of the joint through differential rate is the remainder east of
Fort William after deducting the local rate from Fort William to the destinations
shown in western Canada. This alleged "water factor" varies from 81 cents
on traffic for Prince Rupert and 90 cents for Vancouver to $1.16 per 100 lbs.
at Winnipeg and $1.21 at Yorkton. The witness assumed that these varying
factors were the divisions of the through differential rates accorded to the
water lines, and contended, therefore, that there was unjust discrimination
under section 21 of the Transport Act against Winnipeg, and undue preference
to other points (except at Yorkton and Calgary). It is his contention that
the City of Winnipeg should have an "arbitrary" of 90 cents for the water haul
from Toronto-Montreal to Fort William, the same as Vancouver, and pre-
sumably he would be content if the same arbitrary were accorded on traffic
to all other points.
In the alternative, it is his contention that if the portions labelled "water
factor" are not the divisions of the rates received by the water lines, then the
alleged unjust discrimination lies under section 317 (ss. 2) of the Railway Act
in the portions received by the railways. The witness did not elaborate his
point as to the latter contention, but it is a reasonable assumption that his
intent was to convey the thought that the farther west of Winnipeg that the
goods are carried, the less the railways receive compared with their local rates
from Fort William.
All of these assumptions, however, cannot be adopted by the Board as
facts; neither the railways nor the water lines by their Counsel stated what
their divisions of the differential rates are, nor did the applicant or its witnesses
or Counsel have any knowledge of the divisions. The applicant, however,
contended that the Board has power under section 324 of the Railway Act to
compel the disclosure of the railways' proportions of the differential rates.
The section reads as follows:
"In any case in which the toll charged by the company for carriage,
partly by rail and partly by water, is expressed in a single sum, the Board,
for the purpose of determining whether a toll charged is discriminatory
or contrary in any way to the provisions of this Act, may require the
company to declare forthwith to the Board, or may determine, what
portion of such single sum is charged in respect of the carriage by rail."
502
For the purposes of this case, the Board does not consider it necessary to
require that the single sum rates be divided into portions to determine whether
such rates are unjustly discriminatory.
While it is true that the Transport Act contains no provision for through
joint water-rail rates, for example, between the Canada Steamship Lines and
the railways, once they are made and filed with the Board they become subject
to its powers with respect to unreasonableness, unjust discrimination and undue
preference. But they are single through rates and they must be dealt with
accordingly. There are many decisions of the Board and the Supreme Court
of Canada to that effect. The most recent pronouncement of the Supreme
Court of Canada on that principle, and undoubtedly the most illustrative, is
that of Mr. Justice Rand, 75 C.R.T.C., 114, in refusing leave to appeal against
the decision of this Board in International Refineries Inc. vs Interprovincial
Pipe Line Co. (75 C.R.T.C., 68).
In that case the Board had before it the contention that a rate of 44 cents
per barrel on crude oil from Edmonton to Wrenshall, Minnesota was unreason-
able and unjustly discriminatory compared with St. Paul, Minnesota. The tariff
contained a provision stating that a specified part of the rate was payable in
Canadian currency, and a specified part in United States currency (each part
differing to the two destinations). In dismissing the application the Board
decided that:
"The splitting of the joint rates into Canadian and U.S. currencies
does not, in fact, constitute a division of the rates as such or change the
character of any joint rate to one of a combination of rates over the
international boundary." (75 C.R.T.C., 76)
The Board, therefore, looked at the entire rate in determining the questions of
unreasonableness and unjust discrimination that were raised.
Mr. Justice Rand, in dismissing the application for leave to appeal, said:
". . . .A through rate of 44c to each destination was found by the
Board to have been published by the tariff and that under all the
circumstances and conditions, including a competitive situation affecting
the two areas of St. Paul and Wrenshall, the rate was reasonable and not
unjustly discriminatory."
The situation in the present case has even less cause for an allegation
of unjust discrimination; the witness for the applicant did not have available
the publication of separate factors on which he could assert a division of the
revenue to the water lines out of the through rates; he has split up the
through rates on mere assumptions.
The Province of Alberta is vigorously opposed to the contention of the
applicant. Provincial Counsel said that he had objected for many years
against the "arbitrary" method of making rates between eastern and western
Canada, and having succeeded in obtaining a recommendation from the Turgeon
Royal Commission on Transportation to the Dominion Government for the
abolition of the former practice, and in addition for the abolition of the "con-
structive mileage" method of making rates between the Head of the Lakes and
western Canada, he added that: "I do not want either of them back, either in
the all-rail rates, the lake-and-rail rates or the rail-lake-and-rail rates."
(Transcript p. 2252)
In the opinion of the Board, the present method of making the differential
through rates does not result in unjust discrimination or undue preference,
and the applicant has misconstrued section 21, ss. 1, of the Transport Act and
section 317, ss. 2, of the Railway Act. These sections do not require, as con-
tended by the applicant, that over the same water haul the water carrier
503
shall always receive the same revenue when traffic is destined to different
destinations. To accept such a principle would mean that there could be no
continuous "tapering" of rates anywhere in Canada, although "tapering" is a
well-known and well understood factor in every rate scale.
The only practical alternative so far as lake-rail rates are concerned
would be to make the rates on the local combinations over Fort William. If
the railways are entitled to their local rates from Fort William to western
Canada (as submitted by the applicant), then the water lines would also be
entitled to their local rates to Fort William. To illustrate that situation, the
combination of local class 100 lake-rail rates would be equal to $5.54 per 100
lbs. from Sarnia, and $6.16 per 100 lbs. from Toronto and Montreal, to Winnipeg,
compared with the differential rates of $5.14 per 100 lbs. from all three points
to Winnipeg at present, which includes the voluntary deduction of the "bridge"
allowance by the water lines. That method would result in a fixed amount
east of Fort William, as requested by the applicant, but the result would be
disastrous to the applicant because the lake-rail rates would then be higher
than they are now, in fact higher than the all-rail class 100 rate of $5.48 per
100 lbs. The "bridge" subsidy could not be deducted from the combination
over Fort William of local water rates and local rail rates by direction of the
Board, as its only authority in regard to the subsidy is to order its deduction
from the all-rail rates.
Purpose of the differential rates
The respondents in this case submitted no evidence to justify the differential
rates, nor the level thereof, contenting themselves with cross-examination of
the applicant's witnesses and of the intervenors, and with legal argument.
The opinions expressed by the respondents in argument, however, clearly
reveal the nature of the differential rates as the respondents conceive it to be.
Counsel for the Canada Steamship Lines said:
The point is, first, that we are dealing with through rates and,
secondly, and above all, we are dealing with rates — and I use the expression
notwithstanding Mr. Stechishin's unwillingness to adopt it — I say rates that
compete with one another, and what I mean by that if there is any
doubt about it, is that they are rates which offer a choice to the shipper or
consignee and I say that we have an all-rail rate which is produced now
by equalization . . . ." (Transcript p. 2240)
and:
". . . . the water rates are related to the rail rates by reason of the
competition between the two services for the favours of the shipper and
the competition between those two services is reflected in a difference
in the rate but it is not just a difference that can be arbitrarily fixed, it is
not something that can be the subject of regulation because it is in fact
a reflection of a fact of economic life. It reflects the competition between
the two services and the test of it — and this is irrefutable — the test of it
is what makes the traffic move." (Transcript Vol. 1013, p. 2242)
Counsel for the Canadian Pacific Railway, which also operates a rail-lake-
rail service, said:
"So I submit that as lake-and-rail differentials and lake-and-rail
rates are regulated only by the value of the service, any attempt to
influence them by an investigation of the costs of the water carriers would
be simply a waste of the Board's time and the time of all the rest of us."
(Transcript Vol. 1013, p. 2265)
504
"Commissioner Knowles: Is it your contention that the lake-and-rail
and rail, lake-and-rail rates are purely and simply competitive rates and
nothing else?
"Mr. Spence: I don't say they are marked competitive in the tariff
but they are competitive in this way, that the lake-and-rail service
competes with the rail service and is influenced by the relationship of the
value of lake-and-rail service as compared with the rail service. So I
think it is fair to say they are competitive rates in that way, that the
lake-and-rail service is competing with the all-rail service and the rates
are set at a level that will give the lake-and-rail route a reasonable pro-
portion of the traffic in competition with rail service." (Transcript Vol. 1013,
p. 2266)
These quotations show the purpose of the differential rates: the respondents
consider that they have made them for the purpose of relating the rates to each
other competitively via the three different routes, i.e., all-rail, rail-lake-and-
rail, and lake-rail.
Counsel for the respondents concluded by questioning the jurisdiction of the
Board to investigate the costs of the water carriers.
Had the Board accepted that argument, the case would end at that point,
and shippers would be left to pay whatever rates the railways and water lines
agreed upon. To accept such a view would be to put water rates, or joint
water-rail rates, beyond any regulation whatsoever so long as the carriers
could show that their rates were lower by a differential that allegedly repre-
sented the value of the service compared with the all-rail rate. Furthermore,
as every rate published or participated in by the Canada Steamship Lines for
distances beyond 50 miles is established on a differential below the correspond-
ing railway rate, the net result would be to nullify the Board's jurisdiction
over all rates of the water lines for distances beyond 50 miles.
With regard to the respective contentions of the respondents in connection
with competition, Counsel for the Canada Steamship Lines, it will be noted,
defended the rates complained of as being "rates competing with the all-rail
rates"; he did not go so far as to say that they are "competitive rates". This,
however, seems to be a distinction without a difference. On the same subject,
Counsel for the Canadian Pacific contends that the rates in question are com-
petitive rates, though not published in competitive tariffs.
A carrier-competitive rate usually comes into being because a carrier,
having published a normal rate, finds that some other carrier has published,
or quoted, a. lower rate, which the first carrier then endeavours to meet by
publishing a competitive rate; such competitive rates are made at the discretion
of the carrier; they may be put in or withdrawn at the will of the carrier;
they carry no permanent status, and the only jurisdiction the Board has
exercised over them is to see that they are (a) not unduly low and (b) not
unjustly discriminatory.
On the contrary, the so-called differential rates via the lake-rail and rail-
lake-rail routes are not intended by the carriers to "meet" competition; they
are intended to avoid destructive competition between three different routes.
They are not intended to be cancelled or withdrawn; they are intended to be
maintained on a fixed relationship to each other in the manner that the
carriers involved in this case have succeeded in maintaining them with slight
variations for* over 50 years.
The Board considers that the so-called differential rates are not competitive
rates in the customary meaning of these words as related to tariffs of tolls.
505
For these reasons the Board will not declare, or deem, that the places
between which the differential rates apply are competitive points within the
meaning of section 317(6) of the Railway Act and section 20(2) of the
Transport Act.
However, the difference in the cost of substituting water service for a part
of the otherwise all-rail transportation between eastern and western Canada
is a factor in the determination of rates via the differential routes.
That is not to say, of course, that the differential method of making such
rates is an evil in itself; differentials serve a useful purpose in rate-making,
preventing disastrous rate wars which benefit no one in the end.
One of the duties of the Board is stated in section 3 of the Transport Act,
as follows:
"It is the duty of the Board to perform the functions vested in the
Board by this Act and by the Railway Act with the object of co-ordinating
and harmonizing the operations of all carriers engaged in transport by
railways and ships and the Board shall give to this Act and to the Railway
Act such fair interpretation as will best attain the object aforesaid."
Differential rates are a well-recognized method of attaining such object
and are, in fact, the best practical means of maintaining harmony between the
all-rail and water-rail or all-water routes. The rates produced by such method,
however, must be just and reasonable in all respects.
The allegations of unreasonableness, and rates based on cost of service
The application of The Winnipeg Chamber of Commerce contained a refer-
ence to alleged unreasonableness, as follows:
". . . . We urge the Board to investigate fully costs of transportation
by water, and to determine maximum rates that are just and reasonable,
based on the costs and requirements of water carriers, independent of any
consideration of rail rates." (Transcript Vol. 1013, p. 2151)
Counsel for the applicant in argument not only stressed the alleged
unreasonableness in rates based on costs via the differential routes, but also
referred to unreasonableness as a matter related to unjust discrimination, as
follows:
". . . . Our application was to remove the unjust discrimination alleged
in the water and rail rates, and then on page 10 we say that we urge the
Board to 'proceed with an investigation of the rates charged by the water
carriers to determine a just and reasonable scale of water rates in that
lake-and-rail movement.' " (Transcript Vol. 1013, p. 2212)
One of the interveners which has interests throughout Canada in this case,
namely, the Canadian Industrial Traffic League, also raised the issue of
unreasonableness in relation to costs. A Vice-President of the League submitted
evidence in which he said:
". . . . We have also stated our view that all-water rates and water-
rail rates should not be predicated on all-rail rates but that in our opinion
the water lines should publish rate bases on their own operating conditions
rather than being controlled by rail rates." (Transcript Vol. 1013, p. 2215)
The position of the Canadian Manufacturers Association in relation to
alleged unreasonableness of the differential rates has been quoted previously
herein, but, as stated, it has been modified by a suggestion that the differential
rates should be constructed upon the differentials prescribed by the Board in
its Judgment dated December 12, 1952 on equalized class rates, and presumably
the allegation of unreasonableness by that Association would be cured by the
506
adoption of the differentials referred to. The part of that Judgment prescribing
the class-rate differentials, however, was rescinded by the Board's Judgment
of February 28, 1955, Vol. XLIV, J.O.R. & R., No. 24A, at pp. 48-49.
The respondents, represented by Counsel for the Canadian National Rail-
ways, the Canadian Pacific Railway Company, and the Canada Steamship Lines,
in opposing the application relied entirely on the argument that the differential
rates were based on the value of the service, to the extent that such service is
performed by the water lines with their inability to render as speedy service
as the railways via the all-rail routes, and considering the hazards to the goods
of the additional transfers via the differential routes.
They rejected any contention that the differential rates should be based
on the cost of service and endeavoured to obtain, with some success, admissions
from witnesses for the applicant and intervenors that the shipper is mainly
concerned with the lower value of the differential service as represented by
the differentials in rates. At least one important intervenor, however, the
Canadian Industrial Traffic League, as stated, has raised the question of the
cost of providing the service of the water lines and requests that rates be
established on the operating conditions of the water lines. The Canadian Manu-
facturers Association also inferentially raised the same question as previously
noted, but in its final submission did not concern itself with establishing a
separate rate basis for the water lines. It is a fair assumption from that sub-
mission that the Association would be satisfied with larger differentials, particu-
larly on the lower classes. It might be inferred also that the Canadian
Industrial Traffic League, despite its references to a separate rate basis for the
water lines, based on costs, would be satisfied with joint differential rates made
by deductions of differentials from the rail rates, provided that such differential
rates fairly represented the differences in the cost of substituting a water haul,
in part, for the all-rail haul.
Counsel for the Canada Steamship Lines made only one comment concern-
ing the reasonableness of the differential rates, as follows:
''Well, the first thing that happens if you monkey with this competitive
relationship (that is what a differential is) if you monkey with that and
reduce the water portion even if Canada Steamship Lines or any other water
line was making an exhorbitant profit — and I won't go further than to
assure the Board I am sure that is not so — but even if it were so still under
the system that we have if an attmpt were made to reduce that profit and
to reduce those water rates then the net result of that would be inevitably
to disrupt the equalization of the rail rates and to defeat the aim of
Parliament." (Transcript Vol. 1013, pp. 2245-6)
The Board at the close of the hearing in Winnipeg expressed its concern
with the fact that the water lines had not seen fit to submit any evidence to
meet the contention of the applicant that on the cost of service principle the
differential rates may be unjust or discriminatory, and therefore that from the
practical standpoint of rate-making the Board itself must determine whether
the rates are too high, or too low, or appropriate for the service rendered.
In the opinion of the Board, it is not correct to say that cost of service has
no relation to the rates via the differential routes. Individual rates, it is true,
are not usually based on individual costs of providing the service; such rates
are made higher or lower than the average cost of operation by the differences
established by the Canadian Freight Classification, and by numerous commodity
rates. The whole body of such rates, however, is necessarily based on cost,
in the respect that such rates must produce sufficient revenue from the carriage
of traffic to maintain the respective water or rail services.
On the other hand, the revenue produced by the whole body of rates must
not be unreasonable, having regard to all the factors involved.
507
The cost of carriage of water-borne traffic could therefore be a factor in
fixing a water rate, or a joint water-rail rate, regardless of the fixing of an
all-rail rate. On the other hand, the Board must also have regard to the
provisions of section 3 of the Transport Act which, as hereinbefore stated,
requires the Board to co-ordinate and harmonize the operations of the railway
and water carriers.
The authority of the Board to order reductions in freight rates, when such
rates are excessively remunerative, or when costs are lower, was exercised
in the General Decrease Cases of 1921 and 1922, 27 C.R.T.C., 131 and 153.
With these considerations in mind, differential rates produced by the deduc-
tion of the differentials below the prevailing all-rail rates must be subject to
a fundamental inquiry as to whether they are, or are not, unreasonable.
To that end, we required the Canada Steamship Lines, as the principal and
"yardstick" water line operating upon the St. Lawrence River and the Great
Lakes, to submit to the Board certain information regarding its operations, and
we have further investigated its accounts with the results set forth in the next
succeeding paragraphs.
General operations of the Canada Steamship Lines
The Canada Steamship Lines own and operate 58 freight vessels on the
Great Lakes and St. Lawrence River, totalling 362,524 deadweight tons of carry-
ing capacity, of which 21 vessels of 63,225 deadweight tons are package
freighters subject to the provisions of the Transport Act. The package freight
tonnage is only 17.4% of the total carrying capacity of the Company.
It also operates three passenger vessels. In addition, the Company owns and
operates grain elevators at Midland and Kingston, Ontario, and resort hotels
at Murray Bay and Tadoussac in Quebec.
There are also several wholly-owned subsidiary companies engaged in
various activities more or less related to the Company's main shipping interests.
The Company issues an annual report containing consolidated accounts of
the whole of the Company's operations, which it will be noted are extensive and
diverse. However, it may be stated that an examination of the Company's
accounting system shows that it has developed effective methods of the segrega-
tion of accounts for each of its activities and is able to show within reasonable
accuracy the results of each operation. The Company's officers cooperated
fully with the Board and its financial and accounting officers in the examination
of its accounts and answered all the questions necessary as to revenues,
expenses, traffic and other information required by the Board. The only
reservations made by the Company were (a) that the information supplied to
the Board should not be used in such a manner as to disclose the Company's
position to its competitors, and (b) that the Company reserved its legal right
to assert that the Board has no jurisdiction in the matter of the level of its
rates based on its costs of operation.
The Board and its officers have also examined the returns filed by the
Company with the Dominion Bureau of Statistics.
The Company makes its comparisons of revenues, expenses and statistics
with the year 1939, which was the first whole year after the enactment of the
Transport Act in July 1938, which put the independent water lines under the
jurisdiction of the Board. It also is a reasonably representative year after the
reorganization of the Company early in 1937. That reorganization eliminated
$14 million of funded debt and capital stock, eliminated an accumulated deficit
of $9 million and permitted writing down the fixed assets of the Company by
about $5 million. The net effect of the reorganization was to reduce the fixed
charges for interest and depreciation by $1.4 million per annum. Comparisons
with 1939 operations, therefore, are not based on any excessive financial struc-
ture, but rather upon an arbitrarily reduced capital investment.
508
General Results
While the whole of the general transportation operations of the Company
are not in issue, they are illustrative of the efficiency of the Company in which
the handling of package freight is included. The Company, while of course
engaged principally in water transport, carries on a kind of carriage not alto-
gether dissimilar to that of the rail service of the "yardstick" Canadian Pacific
Railway, i.e., freight both bulk and package, passenger traffic, operates grain
elevators, and so forth, and carries by water large quantities of grain at slightly
lower rates than the rail grain rates of the Canadian Pacific in western Canada.
Its general results may, therefore, be fairly compared with that of the Canadian
Pacific and they show a remarkably similar parallel for the past two years, as
illustrated by the operating ratios of both companies. In both cases the oper-
ating ratio is based upon the ratio of total transportation operating expenses to
total transportation operating revenues, exclusive of taxes, as follows:
Operating
Year Company Ratio
1956 Canada Steamship Lines 85.15%
Canadian Pacific 85.16%
1957 Canada Steamship Lines 83.15%
Canadian Pacific 85.69%
Package Freight Operations of Canada Steamship Lines
As previously mentioned, the carriage of package freight is the only item
of the Company's freight operations that is subject to the Transport Act, and it
is now only one of the many different activities making up the whole of the
Company's operation.
In 1939, package freight contributed more operating profit than the entire
other operations of the Company, but by 1947 there was a substantial loss on
the package freight operations, which consisted of carrying about the same
volume of tonnage as in 1939.
From 1939 to 1957 the cost of wages alone for the operation of two typical
package freighters increased by 378%. Lesser increases occurred in other
expenses, such as handling, fuel, vessel repairs and maintenance, overhead,
dock and wharf operations, but the average increase in package freight opera-
tions from 1939 to 1957 amounted to 130%. This compares with the total
increase in rates via the differential routes during the same period (less the
"bridge" deduction) as follows: rail-lake-and-rail 116%; lake-and-rail 119%.
The average increase in gross revenue obtained by Canada Steamship Lines on
its package freight operations showed an increase of 110% during the same
period.
In 1956, the Company's revenue on package freight was 18.5% of its total
revenues, but contributed only 8.1% of the Company's operating profit. In
1957 it constituted 16.0% of the revenue and contributed only 11.9% towards
the operating profit. In the foregoing calculations there are relatively small
amounts of revenue and expenses included for bulk grain which is sometimes
carried on the return trip of the package freighter from the Head of the Lakes
to eastern ports. These small amounts, however, do not materially affect the
results so far as package freight is concerned.
The operating ratio on package freight in 1956 was 93.6% and in 1957 it
was 88.7%.
While 1957 shows some improvement, the operating ratios on package
freight compare unfavourably with the Company's general transportation oper-
ating ratios of 85.15% in 1956 and 83.15% in 1957, indicating that the handling
of package freight is a more expensive operation than the other transportation
509
activities of the Company. This is notwithstanding the fact that the Company
has invested a large sum of money to mechanize its handling facilities for
package freight. In addition, the Company has put into operation one modern
and completely mechanized package freighter and has built another now in
operation this year. Had it not been for these investments and resulting
economies, and the increases in rates since 1947, the Company would have been
unable to continue in the package freight traffic. The shipping public, therefore,
by these means still has the advantage of a lower-rated lake-rail or rail-lake-
rail service, in addition to the all-rail service.
By comparison, it may be noted that in the United States' territorial waters
of the Great Lakes there is not now one package freighter in operation to
provide lake-rail or rail-lake-rail service; this, we are informed, was due to
several causes: the costly operation of carrying package freight, partly through
old-fashioned handling methods, partly through greatly increased wages, and
partly because the differentials in their freight rates were much larger than
via the Canadian routes, i.e., by deduction of greater differentials from the all-
rail rates, the rates in the United States were lower. The package freighters
operating between points in the United States, therefore, went out of business
with these higher costs and lower rates. Included in the closing down of the
lake-rail and rail-lake-rail routes between points in the United States, and
between points in Canada and points in the United States, were the operations
of the Canada Atlantic Transit Company (owned by the Canadian National
Railways) and the Canadian Pacific Steamship Service between Port McNicoll,
Ont. and Milwaukee, Wis. -Chicago, 111.
We must not overlook in regard to this investigation the fact that owing to
the institution of the so-called "bridge" subsidy by the Dominion Government
under section 468 of the Railway Act which resulted in reductions in rates
between eastern and western Canada by the all-rail routes, and for which
reductions the railways are reimbursed by the Government, that the Canada
Steamship Lines had perforce to reduce their rates by the same number of cents
per 100 lbs. if they wished to stay in package freight carriage, and were not
allowed reimbursement. Information available to the Board shows that Canada
Steamship Lines sustained, during the first season alone in which the "bridge"
subsidy legislation was in effect, an estimated net loss of about $500,000 as a
result of absorbing out of their package freight revenues the same reduction
as was made by the all-rail lines.
Package Freight Operations of Canadian Pacific and Northwest Steamships
The revenue and expenses of the Canadian Pacific on the differential rates
have been examined. The rail revenue out of the differential rates is, of course,
included in their general freight rate earnings, which have been fully considered
in the various percentage increase cases. Canadian Pacific operates only two
package freighters on the Great Lakes which ply between Port McNicoll,
Ontario, and Fort William, Ontario. The tonnage carried and the revenue
thereon is small when compared with either the Canada Steamship Lines or the
all-rail traffic of the Canadian Pacific between Eastern and Western Canada.
Our examination shows that if Canadian Pacific Great Lakes package freight
operations are combined with those of Canada Steamship Lines, the operating
ratio is less than 1 per cent different from that of Canada Steamship Lines
alone.
We have also examined the reports of Northwest Steamships which is
licensed by the Board to operate two ships for the carriage of general package
goods. The package goods traffic accounts for about 40% of the company
freight revenue, the balance being derived from bulk carriage. The total
freight revenue is less than the freight revenue of Canadian Pacific on the
Great Lakes and the operating ratio is the same as Canada Steamship Lines.
510
In view of our examination and the relatively minor extent of Canadian
Pacific and Northwest Steamships package freight operations on the Great
Lakes in relation to those of Canada Steamship Lines, we consider that our
findings based on Canada Steamship Lines package freight operations may
properly be used as a basis for our decision in this case.
Relationship between the various classes
On August 1, 1958, the railways revised the all-rail rates to restore the
percentage relationship between Class 100 and the lower classes, to conform
with the percentages prescribed by the Board in the uniform scale of equalized
class rates, the percentages having been distorted by the disposition of fractions
in the rates, in the 11% increase case. Consequently the differential rates were
changed to the same extent in cents per 100 lbs. The rates as of August 1, 1958
are therefore as follows:
Between Montreal-Toronto group and Winnipeg:
Classes, with rates in cents per 100 lbs.:
100
85
70
55
45
40
33
30
27
576
490
403
317
259
230
190
173
156
All rail through rates
28
25
22
19
17
16
14
14
13
Bridge subsidy deduction
548
465
381
298
242
214
176
159
143
Shipper's rates all-rail
25
20
14
10
7
6
5
5
5
Deduct differentials
523
445
367
288
235
208
171
154
138
Resulting rail-lake-and-rail rates
9
8
7
6
5
4
3
3
3
Less extra differential for lake-rail
rate
514
437
360
282
230
204
168
151
135
Resulting lake-rail rates
The Board has given consideration in the instant case to the fact that
the differentials agreed upon by the railways and the water lines, as they exist
at present, do not conform with the percentages of Class 100 prescribed by
the Board in the all-rail case. This results in some distortion between Class 100
and the lower classes of the differential rates, compared with the normal rela-
tionship between the various classes provided in the Canadian Freight Classifica-
tion, and in the scale prescribed by the Board for all-rail equalized class rates
in its Judgment, and Notes and Reasons for Judgment, Vol. XLIII J.O.R. & R.
No. 23A and Vol. XLIV J.O.R. & R. No. 24A, respectively.
The comparison of the differentials themselves is as follows, using the
Toronto-Montreal normal rates to Winnipeg:
Classes, in cents per 100 lbs.
100 85 70 55 45 40 33 30 27
Differentials
Rail-lake-rail 25 20 14 10 7 6 5 5 5
Percentage of 100 100% 80% 56% 40% 28% 24% 20% 20% 20%
Lake-rail 34 28 21 16 12 10 8 8 8
Percentage of 100 100% 82% 62% 47% 35% 30% 24% 24% 24%
The apparent distortion in the percentage relationship, however, is not
so great when measured by the differential rates produced by deduction of the
above differentials from the all-rail rates. This is illustrated in the Montreal-
Toronto normal rates to Winnipeg, as follows:
Classes, in cents per 100 lbs.
100 85 70 55 45 40 33 30 27
Rail-lake-rail
Through rates 551 470 389 307 252 224 185 168 151
Percentage of 100 100% 85% 71% 56% 46% 41% 34% 31% 27%
Lake-rail
Through rates 542 462 382 301 247 220 182 165 148
Percentage of 100 100% 85% 71% 56% 46% 41% 34% 30% 27%
511
The differential percentage relationship, as will be noted from the above
table, is slightly higher on some classes than the Board prescribed to apply
in connection with the normal all-rail rates, i.e., before the subsidy reduction.
The relationship between the classes established by Canadian Freight
Classification No. 20, is the result of a complete re-assessment of the various
articles by the Canadian Freight Association and a committee of shippers,
which spent two years in devising a freight classification suitable for the
equalized rail class rates. There has been no substantial complaint since
March 1, 1955 as to either the freight classification or the equalized all-rail
class rates. Such being the case, it must be assumed that they are generally
satisfactory, and it is unreasonable for the differential class rate percentage
relationship to depart from the general pattern of the all-rail class rates. This
situation should be remedied by making the differential rates on the present
differentials for Class 100, and correspondingly making the other classes of
differential rates on the percentages prescribed by the Board for the all-rail
class rates.
Jurisdiction of the Board
Before setting forth the Board's findings in this matter, consideration is
necessary of the various contentions of the parties in regard to the jurisdiction
of the Board to deal with the question of differential rates. On the one hand,
the railways and the Canada Steamship Lines contend that the Board has
little or no jurisdiction to deal with differential rates; on the other hand, the
applicant contends that the Board has jurisdiction, but has not properly
exercised it in respect of the increases which have been made from time to
time in the differential rates.
Dealing first with the contention of the respondents: as we understand
the argument, the Canada Steamship Lines questions that the Board has any
jurisdiction over its differential rates and the Canadian Pacific submitted that
differential rates were in the nature of competitive rates and by inference,
therefore, that the Board has very little jurisdiction, if any, to prescribe or
deal with such rates. The question as to whether or not the rates are com-
petitive has been dealt with and disposed of herein, and as it has been deter-
mined that the differential rates are not competitive rates in the true meaning
of the Railway Act, some further comment is necessary as to our jurisdiction
over the differential rates as published. On this point, Witness Stechishin
speaking for the applicant said:
"Since 1938 when the Board of Transport Commissioners was given
jurisdiction on water rates, no formal hearing has been held to determine
whether any increase in these rates was justified or necessary. During the
same period rail rates have been increased as follows:
April 8th, 1948 21 per cent CFA 71
June 16th, 1950 20 per cent CFA 72-B
Feb. 11th, 1952 17 per cent CFA 74-A
Jan. 1st, 1953 9 per cent CFA 74-B
March 16th, 1953 7 per cent CFA 74-C
Jan. 1st, 1957 11 per cent CFA 83-A"
"During the same period, with no submission of evidence, and no hear-
ing, the water portion of the rate to Winnipeg has increased, and here we
are comparing the water portion of the rate as calculated by us on
September 1st, 1957 with that that existed on September 1st, 1947."
(Transcript Vol. 1013, pp. 2055-56)
512
Witness McCormick said:
"On more than one occasion, this Chamber has argued before the Board
that, while the Railways have had to produce extensive evidence to justify
any rate increases, the water carriers were granted similar increases with-
out having to produce any evidence that increases were necessary."
(Transcript p. 2149)
What has been overlooked in this type of evidence is that the Board has
complete jurisdiction, by virtue of the Railway Act, including section 363, over
the Canadian Pacific Railway Company and its Great Lakes steamship service,
and that Company, in each of the applications for the increases referred to,
included a request to maintain differential rates on the recognized differentials
below the increased all-rail rates, which permission was granted by the Board
in its orders relating to the increases.
The jurisdiction of the Board in regard to differential rates is well settled
in previous decisions of the Board in relation to section 363 or the predecessor
of that section in prior Railway Acts. For example, in Dominion Millers
Association v. Grand Trunk and Canadian Pacific Railway Cos., 22 C.R.C. 393,
at page 397 the Board said:
"The Board has jurisdiction over the Canadian Pacific Steamship Line
on the lakes and the lake and rail rates have been brought before us by
the railway companies for review."
The Board, therefore, has exercised its jurisdiction over the rates of the
Canadian Pacific whether by water, or by joint rail and water, as provided for
in section 363 of the Railway Act, in adjudicating upon the various percentage
increases referred to by these two witnesses.
As to the contentions of the Canada Steamship Lines, it is true that the
Transport Act of 1938 contains no provision requiring publication of joint
through differential rates between the railways and the independent steamship
operators, such as the Canada Steamship Lines and North West Steamships Ltd.
There is, in fact, no provision in the Transport Act for joint rail-water rates
such as there is by rail in the Railway Act, sections 341-346; and section 363
obviously does not apply to the Canada Steamship Lines.
On the other hand, there is no prohibition in the Transport Act of 1938
against the independent steamship companies and the railways joining in joint
through differential rates. Both the independent steamship companies and the
railways, to the extent covered by the Transport Act and the Railway Act, are
separately subject to the jurisdiction of the Board, and once joint rates are
published by such carriers they become subject to all the powers of the Board
as to reasonableness and/or unjust discrimination.
It may be further noted that the Maritime Freight Rates Act recognizes the
existence of such differential rail- water rates (and therefore the Board's juris-
diction over them) by an amendment made in 1951 to section 4, ss. 1, of that
Act, in paragraph (d), which now reads, in part, as follows:
"4. (1) The following are preferred movements as referred to in sec-
tion 3 and other sections:
(d) traffic moving outward westbound rail-and-like, and also rail-
lake-and-rail from points on the Eastern lines westbound to points
in Canada via ports beyond the limit of the Eastern lines at
Diamond Junction or Levis; for example, Moncton to Winnipeg via
the port of Point Edward thence via water to Port Arthur or Fort
William — the twenty per cent shall be based upon the Eastern lines
proportion of the through rate for the rail mileage from Moncton
west as far as Diamond Junction or Levis."
513
In that example, the expression "via the port of Point Edward thence via
water to Port Arthur or Fort William" means "via the Canada Steamship Lines'*
because Point Edward is exclusively the port of that Company.
Findings
Considering all the evidence and argument that was submitted in this
matter, and considering the Board's investigation of the revenues, expenses
and costs of operation of the water carriers, the Board finds that:
1. The increases permitted in the rates via the differential routes between
eastern and western Canada were properly made under the powers of the
Board, and, except as stated in Finding No. 2, have not resulted in unreason-
ableness in the general level of the said differential rates, nor in the general
level of the rates of the water lines between any ports and places on the St.
Lawrence River and the Great Lakes;
2. The differential class rates on the classes other than Class 100 are
unreasonable to the extent that they exceed the percentage of Class 100 pre-
scribed by the Board in the all-rail class rates, and the participating carriers
are required to revise such differential class rates, on or before the opening of
navigation in the year 1959, to conform with the percentage relationship
existing between Class 100 and the other classes in the all-rail rates;
3. The joint through differential rates between eastern and western Canada
involved herein have not been shown to be unjustly discriminatory against the
City of Winnipeg and the Province of Manitoba, nor unduly preferential in
favour of points west of the Province of Manitoba;
4. The generality of the findings herein shall not be so construed as to
prevent any complaint in regard to any differential rate or rates which may
be alleged to be unjust or unreasonable under circumstances or conditions
peculiar to such particular rate or rates;
5. The rates shown herein may be made subject to the interim increases
permitted by the Board in its Judgment and Order No. 96300 of the 17th
November, 1958;
6. Subject to the implementation of the foregoing findings, the application
should be dismissed.
A. SYLVESTRE
L. J. KNOWLES
Ottawa, Ontario, November 28, 1958.
514
THE BOARD OF TRANSPORT COMMISSIONERS FOR CANADA
ORDER No. 96423
In the matter of the application of the Winnipeg Chamber of Commerce for an
Order directing the railway and water carriers under the jurisdiction
of the Board to remove alleged unjust discrimination and undue prefer-
ence in tariffs of the said carriers on traffic moving between eastern and
western Canada:
File No. 48315
Friday, the 28th day of November, A.D. 1958
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the application at Winnipeg on February 24 and 25, 1958,
in the presence of Counsel for the Winnipeg Chamber of Commerce, the Mont-
real Board of Trade, the Government of the Province of Manitoba, the Province
of Saskatchewan, the Canada Steamship Lines, the Canadian Pacific Railway
Company, the Canadian National Railways, the Province of Alberta and the
Edmonton Chamber of Commerce, and representatives of the Chamber of
Commerce of Fort William and Port Arthur, and the Canadian Industrial
Traffic League —
It is ordered that the directions to the railway companies and the carriers
by ship contained in the Judgment herein dated the 28th day of November,
1958, be implemented by the said railway companies and carriers by ship on
statutory notice on or before the opening of navigation on the Great Lakes and
St. Lawrence River in the year 1959;
It is further ordered that, subject to the first paragraph hereof, the applica-
tion be, and it is hereby, dismissed.
ROD KERR,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
515
ORDER No. 96802
In the matter of the application of the Canadian Freight Association, under
section 325 of the Railway Act, for approval of proposed Supplement
No. 18 to Canadian Freight Classification No. 20, on file with the Board
under file No. 47833.17:
Thursday, the 8th day of January, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Whereas notice has been given by the Canadian Freight Association in
The Canada Gazette, as required by section 325 of the Railway Act, and copies
of the said Supplement have been furnished to the parties named in the General
Order of the Board No. 695, with the request that their objections, if any, be
filed with the Board within thirty days; no one offering any objection;
And upon reading the submissions filed —
It is hereby ordered as follows:
The said Supplement No. 18 to Canadian Freight Classification No. 20, on
file with the Board under file No. 47833.17, is approved.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
516
ORDER No. 96831
In the matter of the application of the Railway Association of Canada and
certain of the member companies, dated September 16, 1958, for authority
to make increases in their tolls or rates for the carriage of freight traffic
on their lines in Canada, and in particular in the matter of the final
relief therein requested:
File No. 48771.2
Tuesday, the 13th day of January, A.D. 1959
R. Kerr, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
Upon hearing a Motion by Counsel for the Railway Association of Canada
for the Board to fix a date for hearing the application for final relief requested
in the application dated September 16, 1958, of the said Association for an
increase in freight rates, and to fix other dates related thereto, and upon hearing
Counsel for the Applicant in support of the Motion and Counsel for the Province
of Alberta, the Maritimes Transportation Commission on behalf of New
Brunswick, Nova Scotia, Prince Edward Island and Newfoundland, the Province
of Manitoba, the Province of Saskatchewan and the Province of British
Columbia, in opposition thereto;
And the said application dated September 16, 1958, having been filed and
served on interested parties on or about that date and the part of it that
requested interim relief having been heard and determined and the Applicant
having now requested the Board to set down for hearing the application for
final relief, and indicated its readiness to establish its case;
And it appearing to the Board at this time that the Applicant is entitled
to have its said application for final relief heard and determined and that it
would be just and reasonable for the Board to commence the hearing of the
application on or about Tuesday, the 19th day of May, 1959, and proceed to
hear and determine it in accordance with the governing law and applying such
principles of rate-making as should then be applied by the Board in the
circumstances to establish just and reasonable rates.
The Board hereby orders:
1. That the said application for final relief will be heard by the Board in
the Board's Court Room, Union Station Building, Ottawa, Ontario, commencing
at 10 o'clock in the forenoon on Tuesday, the 19th day of May, 1959.
2. That, on or before the 10th day of April, 1959, the Applicant shall file
ten copies of a Supplement to the said application to specify the amount of the
increase in the existing general level of freight rates and the increase in the
existing rates on coal and coke being requested by the Applicant by way of
final relief under the said application and mail or deliver a copy of the
Supplement to all persons upon whom the Applicant has been directed by the
Board to serve applications involving requests for general increases in freight
rates.
3. That, on or before the 20th day of April, 1959, all parties desiring to
participate in such hearing shall file with the Board ten copies of their Answer
to the said Application and Supplement and mail or deliver six copies of such
Answer to the Applicant, or to H. C. Friel, Q.C., or Ian D. Sinclair, of Counsel
for the Applicant, and
517
4. That, on or before the 20th day of April, 1959, the Applicant shall file
with the Board ten copies of Precis of Evidence to be adduced in support of the
said application for final relief, and forthwith on or after that date shall mail
or deliver five copies of such Precis to any party from whom an Answer to
the Application and Supplement has been received by the Applicant of its
Counsel.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
518
SUMMARY OF ORDERS ISSUED BY THE BOARD
96525 Dec. 9 — Authorizing the C.N.R. to remove the caretaker at Greencourt, Alta.
96526 Dec. 10 — Authorizing the B.C. Electric Company Limited to construct two gas
mains over the C.P.R. at Mileage 124.71 Cascade Subd., B.C.
96527 Dec. 10 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 72.59 Trois Rivieres Subd., P.Q.
96528 Dec. 10 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at first public crossing east of Riverside
Drive, Ottawa, Ont., at Mileage 133.75 Alexandria Subd.
96529 Dec. 10 — Approving tariffs filed by The Bell Telephone Company of Canada.
96530 Dec. 10 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 59, at Mileage 22.43 Burford Subd.,
Ont.
96531 Dec. 10 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and La Compagnie de Telephone de
St-Henri de mascouche Limitee.
96532 Dec. 10 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Lyndhurst Telephone Company
Limited.
96533 Dec. 10 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St-Rosaire.
96534 Dec. 10 — Authorizing the B.C. Electric Company Limited to construct two gas
mains over the C.N.R. at Mileage 4.93 Burrard Harbour Line, North
Vancouver, and over the C.N.R. industrial track serving Hooker
Chemicals Ltd. in Vancouver, B.C.
96535 Dec. 10 — Approving clearances on the private siding serving Clever-Brooks
of Canada Limited, Stratford, Ont., Mileage 1.48 Thorndale Subd.,
C.N.R.
96536 Dec. 11 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
96537 Dec. 11 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
96538 Dec. 11 — Authorizing the C.P.R. and the N.Y.C. Railroad Company to operate
their trains through the interlocking at the crossing of the railway
of the C.P.R. and the St. Lawrence and Adirondack Rly. (N.Y.C.)
at Adirondack Junction, P.Q., Mileage 40.66 Adirondack Subd.
96539 Dec. 11 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Rly. Co. under section 8 of the Maritime Freight Rates Act.
96540 Dec. 11 — Approving location of facilities of McColl-Frontenac Oil Company
Limited, for the handling and storage of flammable liquids at Little
Current, Ont., Mileage 38.0 Little Current Subd.
96541 Dec. 11 — Authorizing the Town of Oakville to construct a sanitary sewer over
and under the company pipe line of Trans-Northern Pipe Line
Company in Lot 14, Con. 3, south of Dundas St., Twp. of Trafalgar,
Ont.
96542 Dec. 11 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Pie XI Boulevard (Valcartier Road) bein? first crossing
south of Val St-Michel, P.Q., Mileage 12.33 Batiscan Subd.
96543 Dec. 11— Amending Order No. 92693 granting authority to the C.N.R. to
operate its trains at a speed of 30 miles per hour from a point on
the Hudson Bay Railway near Sipiwesk to Thompson, Man.
96544 Dec. 11 — Authorizing the C.N.R. to close as an agency its station at Millbrook,
Ont.
96545 Dec. 11 — Authorizing the Northern Alberta Rlys. Company to operate over
the interchange trackage of the Pacific Great Eastern Rly. Co. at
Dawson Creek, B.C.
96546 Dec. 11 — Authorizing the Quebec Dept. of Roads to install automatic pro-
tection at the crossing of the highway and the C.P.R. at Batiscan,
P.Q., Mileage 101.75 Quebec Subd.
519
96547 Dec. 11 — Amending Order No. 94428 re apportionment of cost of construct-
ing Highway No. 4 across and under the C.P.R. by means of a
subway at Biggar, Sask., Mileage 60.06 Wilkie Subd.
96548 Dec. 11 — Authorizing the C.N.R. to remove the caretaker at Cardinal, Man.
96549 Dec. 11 — Amending Order No. 92564 which authorized the Munic. of Metro-
politan Toronto to construct Bayview Avenue extension over the
right of way of the C.P.R. by means of a subway at Mileage 0.62
North Toronto Subd.
96550 Dec. 11 — Amending Order 91945 which authorized the Munic. of Metropolitan
Toronto to construct Bayview Avenue extension over the C.P.R.
by means of an overhead bridge in the Twp. of East York, Mileage
104.4 Oshawa Subd.
96551 Dec. 11 — Authorizing the County of Oxford, Ont., to widen County Road No.
32, known as Governor's Road, where it crosses the C.P.R. at
Mileage 90.47 Gait Subd.
96552 Dec. 11 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 12, near Stettler, Alta., Mileage 51.22
Stettler Subd.
96553 Dec. 11 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 52.65 Matapedia Subd., P.Q.
96554 Dec. 15 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Bow Island, Alta., Mileage 40.8 Taber
Subd.
96555 Dec. 12 — Authorizing the C.P.R. to construct a siding across North Kent Ave.
and across the lane which runs parallel to and between St. George
and Fraser Sts., Vancouver, B.C., to serve Northern Electric
Company.
96556 Dec. 12 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 14 near Belleville, Ont., Mileage
92.54 Belleville Subd., in lieu of the present protection.
96557 Dec. 12 — Authorizing the C.P.R. to install protection at the crossing of its
railway and Hutton Side Road, in the Twp. of London, Ont.,
Mileage 2.32 Windsor Subd.
96558 Dec. 12 — Authorizing the Township of Harwich, Ont., to improve the approach
grades on both sides of the highway at crossing of the C.N.R. and
the highway at Mileage 56.77 Chatham Subd.
96559 Dec. 12 — Authorizing the Department of Agriculture to construct a public
access road over the pipe lines of the Interprovincial Pipe Line
Company in the west boundary of Sec. 18, Twp. 27, Rge. 6, West 3rd
Meridian, Sask.
96560 Dec. 12 — Authorizing Northwestern Utilities to construct a natural gas main
across the pipe line of the Interprovincial Pipe Line Company in
Sec. 28, Twp. 52, Rge. 26, W. 4th M., Alta.
96561 Dec. 12 — Approving location of facilities of Industrial Propane Limited for
the handling and storage of liquefied petroleum gas at Wellington,
B.C., Mileage 77.3 Victoria Subd.
96562 Dec. 12 — Authorizing the C.N.R. to operate under the overhead bridge (known
as the Edgar Fournier Bridge) opposite 34th Ave., Edmundston, N.B.
96563 Dec. 12 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and Lake Valley Telephone Association.
96564 Dec. 12 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company and the Commissioners of the Telephone
System of the Munic. of the Township of Haldimand.
96565 Dec. 12 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Cie de Telephone de
L'Avenir.
96566 Dec. 12 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corporation of the Township of
Medonte.
96567 Dec. 12 — Authorizing the C.P.R. to make signal and track changes between
Mileage 77 and Mileage 90 Mountain Subd., B.C.
96568 Dec. 12 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Kronau, Sask.
520
96569 Dec. 15 — Authorizing the Public Utilities Commission for the City of London,
Ont., to construct a water main over and under the C.P.R. at 3rd
Concession Road, Township of London, Ont., Mileage 3.01 Windsor
Subd.
96570 Dec. 15 — In the matter of the application of the City of Montreal that the
grade separation at Delorimier Ave., which was ordered to be con-
structed by Order No. 46743 be now proceeded with in accordance
with plan No. YIF31-51.1.
96571 Dec. 15 — Authorizing the removal of the speed limitation at crossing of the
railway of the C.P.R. and Sydenham crossing, in Kingston, Ont.,
Mileage 98.33 Kingston Subd.
96572 Dec. 15 — Authorizing the City of Oshawa to construct a pedestrian crossing
over the Oshawa Rly. Company at Somerville Ave., City of Oshawa,
Ont., Mileage 4.50 Oshawa Subd.
96573 Dec. 15 — Authorizing the Sask. Department of Highways and Transportation
to widen Highway No. 9 over the C.P.R. at Mileage 121.5 Estevan
Subd.
96574 Dec. 15 — Authorizing the City of Kitchener to widen the intersection of Peter
and Mill Streets over the Grand River Railway Company, in
Kitchener, Ont.
96575 Dec. 15 — In the matter of application of Prairie Pipe Mfg. Company Limited
for an Order fixing a charge in respect of rates on Skelp from
Hamilton and Sault Ste. Marie, Ont., to Regina, Sask., and on Pipe
from Regina, Sask. to Vancouver, B.C. and other places in the said
Province
96576 Dec. 16 — Authorizing the C.P.R. to install automatic protection at the crossing
of their railway and Highway No. 4, Mileage 32.85 Walkerton Subd.,
Ont.
96577 Dec. 16 — Authorizing the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 19 at Shakespeare, Ont., Mileage
81.58 Brampton Subd.
96578 Dec. 16 — Authorizing the C.P.R. to install automatic protection in lieu of the
existing protection at the crossing of its railway and the highway
near Lonsdale, Ont., Mileage 77.3 Belleville Subd.
96579 Dec. 16 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 16 at Mileage 29.84 Prescott Subd.,
Ont.
96580 Dec. 16 — Authorizing the C.P.R. to install automatic protection at the crossing of
its railway and Highway No. 4 at Mileage 9.14 Walkerton Subd., Ont.
96581 Dec. 16 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Railway Company under section 8 of the Maritimes Freight
Rates Act.
96582 Dec. 16 — Rescinding Order No. 82415 in the matter of facilities of Home Gas
Limited for the handling and storage of flammable liquids at Moose
Jaw, Sask.
96583 Dec. 16 — Amending Order No. 95831 in the matter of improved protection at
the crossing of St. John Street and the C.N.R. in the Town of New
Glasgow, N.S.
96584 Dec. 16 — Authorizing the C.N.R. to operate under the overhead bridge carry-
ing County Road No. 22 over the C.N.R. at Mileage 11.5 Hagersville
Subd., Twp. of Glandford, Ont.
96585 Dec. 16 — Rescinding Order No. 67670 in the matter of facilities of North Star
Oil Limited for the handling and storage of flammable liquids at
Young, Sask.
96586 Dec. 16 — Authorizing the C.N.R. to make changes in the signals in the inter-
locking at crossing of their railway and the C.P.R. at Matsqui, B.C.,
Mileage 81.22 Yale Subd. (C.N.R.).
96587 Dec. 16 — Authorizing the C.N.R. to make changes to the signals in the inter-
locker at the crossing of its railway and the B.C. Electric Railway
Company at Chilliwack, B.C.
96588 Dec. 16— Rescinding Order No. 89052 in the matter of facilities of Mildmay
Co-Operative Association for the handling and storage of flammable
liquids at Mildmay, Ont.
521
96589 Dec. 17 — Authorizing the C.P.R. to install improved protection in lieu of the
present protection at crossing of its railway and Dixie Road, Twp.
of Toronto, Ont., Mileage 12.58 Gait Subd.
96590 Dec. 17 — Amending Order No. 93907 re apportionment of cost of installing
automatic protection at crossing of the C.N.R. and Highway No. 12
near Ste. Anne, Manitoba, Mileage 125.85 Sprague Subd.
96591 Dec. 17 — Relieving the C.P.R. from erecting right of way fencing on certain
Mileages on its St. Mary's Subd., Ont.
96592 Dec. 18 — Authorizing Plains-Western Gas & Electric Company Limited to
construct a natural gas main over the company pipe line of West-
coast Transmission Company Limited, in the NE£ Sec. 22-83-18-
W.6M., B.C.
96593 Dec. 18 — Approving location of proposed facilities of Stewart-Davis Oils
Limited for the handling and storage of flammable liquids at Leth-
bridge, Alta., Taber Subd.
96594 Dec. 18 — Authorizing the C.P.R. to remove the caretaker at Pendelton, Ont.,
and operate the station as a shelter.
96595 Dec. 18 — Authorizing the C.N.R. to remove the caretaker at Dillabough, Sask.
96596 Dec. 18 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Compton, P.Q.
96597 Dec. 18 — Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at Fassett, P.Q.
96598 Dec. 18 — Authorizing the C.P.R. to install automatic protection at the crossing of
its railway and Highway No. 39, Mileage 92.81 Windsor Subd., Ont.
96599 Dec. 18 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 19, Mileage 2.46 Newton Subd., Ont.
96600 Dec. 19 — In the matter of the General Freight Rates Investigation re com-
modity freight rates on fresh fruits and vegetables.
96601 Dec. 18 — Authorizing the C.N.R. to make changes in the signals at the
Sumas River lift bridge, Mileage 78.8 Yale Subd., B.C.
96602 Dec. 18 — Approving facilities of Gibson Petroleum Company Ltd., for the
handling and storage of crude petroleum near Viewfield, Sask.
96603 Dec. 18 — Extending the time within which Trans-Canada Pipe Lines Limited
is required to complete its pipe line from Winnipeg to Emerson, Man.
96604 Dec. 19 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and West Street, Orillia, Ont., Mileage 85.9 Newmarket Subd.
96605 Dec. 19 — Approving location of the C.N.R. freight and passenger shelter at
Lousana, Alta.
96606 Dec. 19 — Authorizing the removal of the speed limitation at crossing of the
C.P.R. and McCowans Road, near Agincourt, Ont., Mileage 95.56
Oshawa Subd.
96607 Dec. 19 — Authorizing the C.N.R. to remove the caretaker and the station
building at Holstein, Ont.
96608 Dec. 19 — Authorizing the Algoma Central and Hudson Bay Railway Company
to remove the station agent and appoint a caretaker at Coppell, Ont.
96609 Dec. 19 — Approving the location of new Class I flammable liquid bulk storage
facilities of North Star Oil Limited at Winkler, Man., La Riviere
Subd.
96610 Dec. 19 — Authorizing the C.N.R., the C.P.R. and Midland Rly. Company to
operate their trains through the interlocker at crossing of their rail-
ways and St. James Junction, Winnipeg, Man.
96611 Dec. 19 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Helena St., Town of Fort Erie, Ont., Mileage 3.28
Dunnville Subd.
96612 Dec. 19 — Authorizing the Northwestern Utilities Limited to install a gas main
over the pipe line of Trans Mountain Oil Pipe Line Company in the
SE£ Sec. 31-53-13-W5M., Alta.
96613 Dec. 19 — Authorizing the Twp. of Puslinch, Ont., to improve the approach
grades at the crossing of the highway and the C.P.R. at Mileage
43.71 Gait Subd.
96614 Dec. 19— Authorizing the Rural Munic. of Big Quill No. 308, Sask., to widen
its municipal road over the C.P.R. at Mileage 113.45 Wynyard Subd.,
Sask.
522
96615 Dec. 19 — Authorizing The Bell Telephone Company of Canada to construct,
operate, etc. its lines of telephone under and along the C.P.R. in the
Parish of St. Michel de Vaudreuil, P.Q.
96616 Dec. 19 — Authorizing the Provincial Gas Company Limited to construct a gas
main over the pipe line of Trans-Canada Pipe Lines Limited in
Lots 12 and 35 in the Twp. of Niagara, Ont.
96617 Dec. 19 — Authorizing the Rural Municipality of Terrell No. 101 to relocate
and widen the public crossing over the C.N.R. at Mileage 35.7
Gravelbourg Subd., Sask.
96618 Dec. 19 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at St. Isidore, P.Q.
96619 Dec. 22 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Highway No. 13, being first public crossing west of
station at St. Leonard Junction, P.Q., Mileage 80.17 Drummondville
Subd.
96620 Dec. 22 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Joseph Blvd., first public crossing west of
station at St. Pierre de Sorel, P.Q., Mileage 43.69 Sorel Subd.
96621 Dec. 22 — Rescinding Order 57732 which approved location of facilities as
described therein at Niagara Falls, Ont.
96622 Dec. 22 — Amending Order No. 61741 requiring Pere Marquette Railway Com-
pany to install automatic protection at first public crossing west
of Blenheim Station, Ont., known as Gravel Street.
96623 Dec. 22 — Rescinding Order No. 66152, in the matter of facilities as described
therein at Galahad, Alta.
96624 Dec. 22 — Authorizing the removal of the speed limitation at the crossing of
the N.Y.C. Railroad Company and Fourth Concession Road east of
station at Essex, Ont., Mileage 207.53 Main Line Subd.
96625 Dec. 22 — Approving new and relocated facilities of Imperial Oil Limited for
the storage of flammable liquid at Dunblane, Sask., Mileage 59.3
Conquest Subd.
96626 Dec. 22 — Approving application of the C.N.R. to relocate its track serving
M. Beatty and Sons Limited, along and across Lincoln St., in Welland,
Ont.
96627 Dec. 22 — Rescinding Order No. 75017 which approved facilities described
therein at Dominion City, Manitoba.
96628 Dec. 22 — Rescinding Order No. 73435 which approved facilities described
therein at Bruce, Ontario.
96629 Dec. 22 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 87.7 Viking Subd., Alta.
96630 Dec. 22 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 48.4 Vegreville Subd., Alta.
96631 Dec. 22 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 13.78 Park Avenue Subd., P.Q.
96632 Dec. 22 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 151.26 Gananoque, Ont.
96633 Dec. 22 — Amending Order No. 89577 which authorized the construction of
retaining walls, etc. at crossing of Ontario St. North and the C.P.R.
at Mileage 31.85 Gait Subd., Milton, Ont.
96634 Dec. 22 — Amending Order No. 93965 re apportionment of cost of constructing
Highway No. 11 over the C.N.R. by means of an overhead bridge at
Mileage 57.34 Alderdale Subd., Dist. of Nipissing, Ont.
96635 Dec 22 — Authorizing the C.P.R. to remove the caretaker at Pettapiece, Man.
96636 Dec. 22 — Authorizing the Munic. of Shuniah to construct a public road across
the pipe line of Northern Ontario Pipe Line Crown Corp. in the
Twp. of McGregor, Ont.
96637 Dec. 22 — Amending Order No. 96459 which authorized the widening of High-
way No. 15 over the C.P.R. between Sections 22 and 27, Twp. 29,
Rge. 22, W.2M., Sask.
96638 Dec. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Blind River, Ont., Mileage 54.72
Thessalon Subd.
523
96639 Dec. 22 — Extending the time within which automatic protection is to be
installed by the C.P.R. at crossing of County Road No. 4 and its
railway at Mileage 61.69 Belleville Subd., Ont.
96640 Dec. 23 — Approving location of proposed flammable liquid bulk storage
facilities of The British American Oil Company Limited, at Melfort,
Sask., Mileage 98.7 Tisdale Subd.
96641 Dec. 23 — Authorizing the removal of the speed limitation at the crossing of
Henry Road crossing and the Esquimalt and Nanaimo Railway near
Chemainus, B.C., Mileage 50.6 Victoria Subd.
96642 Dec. 23 — Rescinding Order No. 74465 in the matter of facilities as described
therein at High Prairie, Alta.
96643 Dec. 23 — Authorizing the C.N.R. to construct a private siding across the high-
way at Richards, N.B., Mileage 105.39 Bathurst Subd., to serve The
British American Oil Co.
96644 Dec. 23 — Requiring the C.N.R. to install improved protection at the crossing
of the highway and its railway at first crossing west of station at
St. Paula, Ont., Mileage 5.3 Thorndale Subd.
96645 Dec. 23 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 56.84 Chalk River Subd., Ont.
96646 Dec. 23 — Requiring the Northern Alberta Railways Company to install auto-
matic protection at crossing of its railway and Highway No. 2 near
Demmitt, Alta., Mileage 108.96 Grande Prairie Subd.
96647 Dec. 23 — Rescinding Order No. 79092 in the matter of facilities as described
therein, at Chippawa, Ont.
96648 Dec. 24 — Authorizing the N.B. Department of Public Works to divert the
Trans-Canada Highway between certain mileages on the Shogomoc
Subd., Prov. of N.B.
96649 Dec. 24 — Approving location of a bank of liquefied petroleum gas cylinders,
pipe lines and switch heaters at Mileage 3.12 Winchester Subd., Ont.,
by the C.P.R.
96650 Dec. 24 — Approving location of proposed facilities of Imperial Oil Limited for
storage of flammable liquid bulk at Boissevain, Man.
96651 Dec. 24 — Authorizing the C.N.R. to remove the caretaker at Venn, Sask.
96652 Dec. 24 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Highway No. 83, Mileage 47.67 Cromer Subd., Man.
96653 Dec. 24 — Authorizing the removal of the speed limitation at the crossing of
the Great Northern Railway Company and 112th Street, two miles
north of Colebrook, B.C.
96654 Dec. 24 — Authorizing the removal of the speed limitation at crossing of
Monnoir Road and the C.N.R. at Marieville, P.Q., Milage 24.68
Granby Subd.
96655 Dec. 24 — Exempting the C.P.R. from erecting right of way fencing at certain
mileages on its Glenboro Subd., Man.
96656 Dec. 24 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 127.95 Gananoque Subd., Ont.
96657 Dec. 24 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
96658 Dec. 24 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
96659 Dec. 24 — Authorizing the Federal Dept. of Public Works to construct the
Trans-Canada Highway in Glacier National Park over the C.P.R. by
means of an overhead bridge at Mileage 86.63 Mountain Subd., B.C.
96660 Dec. 24 — Approving application of the British Columbia Telephone Company
in the matter of revisions of certain message toll and exchange
service tariffs.
96661 Dec. 24 — Authorizing Amerada Petroleum Corporation to construct two
additional pipe lines across the pipe lines of Westspur Pipe Line
Company in Sec. 32, Twp. 3, Rge. 4, West 2nd M., Sask.
96662 Dec. 24 — Authorizing the removal of the speed limitation at the crossing of
Culloden Road and the New York Central Railroad Company at
Brownsville, Ont., Mileage NF 96.5.
96663 Dec. 24 — Authorizing the removal of the speed limitation at the crossing of
Highway 36 and the C.N.R. at Mileage 44.68 Viking Subd., Alta.
524
96664 Dec. 24 — Requiring the C.P.R. to install automatic protection at the crossing
of Highway No. 12 and the C.P.R. at Lacombe, Alta., Mileage 18.47
Leduc Subd.
96665 Dec. 24 — Amending Order No. 96293 which authorized the C.N.R. to operate
their trains over the crossing of their railway and the C.P.R. at
Mileage 14.33 Gladstone Subd., Man.
96666 Dec. 24 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.N.R. at Mileage 28.73 Montfort Subd., P.Q.
96667 Dec. 24 — Authorizing the Morrissey, Fernie and Michel Railway Company to
abandon the operation of its railway line between the Town of
Fernie and Coal Creek, B.C., a distance of approximately 4.92 miles.
96668 Dec. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 39.74 Tisdale Subd., Sask.
96669 Dec. 24— Approving toll published in Tariff C.T.C. No. 91 filed by the Cumber-
land Railway and Coal Company under section 8 of the Maritime
Freight Rates Act.
96670 Dec. 24 — Approving tolls published in Tariff C.T.C. No. 89 filed by the
Cumberland Railway and Coal Company under section 3 of The
Maritime Freight Rates Act.
96671 Dec. 24 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Milan, P.Q.
96672 Dec. 24 — Authorizing the C.N.R. to operate their trains over the crossing
of their Touchwood Subd. and the Lanigan Subd. of the C.P.R. near
Nokomis, Sask., Mileage 106.46 Touchwood Subd.
96673 Dec. 24 — Authorizing the C.N.R. to operate their trains over the crossing of
their railway at Mileage 14.6 Asquith Subd., and the C.P.R. at
Mileage 93.6 Colonsay Subd., near Young, Sask.
96674 Dec. 29 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 24.07 Trois-Rivieres Subd., P.Q.
96675 Dec. 29 — Rescinding Order No. 70778 in the matter of facilities for handling
and storage of flammable liquids at Leamington, Ont.
96676 Dec. 29 — Rescinding Order No. 59905 in the matter of facilities for the
handling and storage of flammable liquids at Windsor, Ontario.
96677 Dec. 29 — Approving application of The British American Oil Company
Limited, for the location of proposed flammable liquid bulk storage
facilities at Somerset, Man.
96678 Dec. 29 — Approving Supplement No. 1 to Service Station Contract between
The Bell Telephone Company of Canada and F. F. Soucy, Inc.
96679 Dec. 29 — Authorizing the C.P.R. to remove the caretaker-agent and appoint
a caretaker at Pointe au Chene, P.Q.
96680 Dec. 29 — Approving Alternate Appendix "B" to Traffic Agreement between
The Bell Telephone Company of Canada and La Compagnie de
Telephone de Ste-Clothilde, Beauce.
96681 Dec. 29 — Approving construction of the temporary Bailey bridge over the
C.N.R. in the Village of Long Branch, Ont., Mileage 9.41 Oakville
Subd.
96682 Dec. 29 — Authorizing the C.N.R. to reconstruct the bridge at Dufferin Street
in the Munic. of Metropolitan Toronto, Ont., Mileage 0.9 Belt Line
Subd. of Toronto Terminals Division.
96683 Dec. 29 — Authorizing the Niagara, St. Catharines and Toronto Railway Com-
pany to operate over the bridge over Clarke St. in the Town of
Merritton, Ont., Mileage 2.2 Welland Subd.
96684 Dec. 29 — Rescinding Orders Nos. 56928, 66398 and 69284 which approved
facilities for handling and storage of flammable liquids at Leaming-
ton, Ont.
96685 Dec. 29 — Approving proposed location of facilities of The British American
Oil Company Limited, for flammable liquid bulk storage at Gander,
Nfld.
96686 Dec. 30 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Suburban Road No. 93 near Wallenstein Station,
Ont., Mileage 51.78 Goderich Subd.
525
96687 Dec. 30 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Stevenson Street, Guelph, Ont., Mileage 30.58
Goderich Subd.
96688 Dec. 30 — Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Merciers St., St. Johns, P.Q., Mileage 20.17 Adirondacks
Subd.
96689 Dec. 30 — Authorizing the C.N.R. to operate over the west approach of its
bridge over the North Thompson River at Mileage 0.5 Ashcroft
Subd., B.C.
96690 Dec. 30 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 18 over the C.N.R. at Mileage 86.37 Lampman
Subd.
96691 Dec. 30 — Authorizing the British Columbia Power Commission to construct
an electric aerial transmission line over the pipe line of Westcoast
Transmission Company Limited, in District Lot 5, Lot 1, Plan 2883
in the Lillooet Land District of B.C.
96692 Dec. 30 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Bothwell, Ont., Mileage 43.13 Windsor
Subd.
96693 Dec. 30 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. near Zorra, Ont., Mileage 3.78 St. Marys
Subd.
96694 Dec. 30 — Authorizing the C.P.R. to remove the station agent at Tyndall, Man.
96695 Dec. 30 — In the matter of changes in rate grouping of certain telephone
exchanges of The Bell Telephone Company of Canada.
96696 Dec. 30 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Highway No. 544 at Larchwood, Ont., Mileage
95.73 Cartier Subd.
96697 Dec. 30 — Requiring the New York Central Railroad Company to install auto-
matic protection at the crossing of its railway and Beauce St.,
Beauharnois, P.Q., Mileage 43.7 Mohawk & St. Lawrence Division.
96698 Dec. 30 — Authorizing The Bell Telephone Company of Canada to construct,
operate, etc. its lines of telephone over and along the lands of The
Montreal and Southern Counties Railway Company at Chambly
Basin, P.Q.
96699 Dec. 30 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Heron Road, Ottawa, Ont., Mileage 3.34 Beach-
burg Subd.
96700 Dec. 30 — Authorizing the C.P.R. to install improved protection at the crossing
of its railway and Lougheed Highway at Dewdney, B.C., Mileage
81.48 Cascade Subd.
96701 Dec. 30 — Authorizing the City of Sherbrooke to construct Short Street over
the C.P.R. at Mileage 67.95 Megantic Subd., P.Q.
96702 Dec. 30 — Approving clearances on the siding serving the Aluminum Company
of Canada Limited in the Twp. of Wakefield, Co. of Gatineau, P.Q.,
Mileage 17.03 Maniwaki Subd.
96703 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96704 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96705 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96706 Dec. 30 — Approping tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96707 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
526
96708 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96709 Dec. 30 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96710 Dec. 31 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at St. Martin, P.Q., Mileage 12.08 Park
Avenue Subd.
96711 Dec. 31 — Authorizing the C.P.R. to construct an industrial spur track com-
mencing at a point on the siding serving Edible Oils Limited, in the
City of Fort William, Ont.
96712 Dec. 31 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St-Hubert de Spaulding.
96713 Dec. 31 — Amending Order No. 96488, which apportioned the balance of cost
of diverting a portion of the Merritt Subd. of the C.P.R., B.C.
96714 Dec. 31 — Authorizing the C.N.R. to operate their trains over the diversion
from a point on the Rouses Point Subd., near Brosseau, to a point
on the Granby Subd., north of Ina Road, Co. Chambly, P.Q.
96715 Dec. 31 — Approving location of proposed flammable liquid bulk Storage
facilities of BP of Canada Limited, at Thetford Mines, P.Q.
96716 Dec. 31 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 22
(Craig Street), Town of Richmond, P.Q., Mileage 70.93 Sherbrooke
Subd.
96717 Dec. 31 — Dismissing the application of the C.N.R. for authority to remove the
caretaker at Birnie, Man.
96718 Dec. 31 — Amending Order No. 93908, in the matter of approval of plan of
Trans Mountain Oil Pipe Line Company's pipe line loop in the Yale
Division of the Yale District of B.C.
96719 Dec. 31 — In the matter of protection at crossing of the highway and the
C.N.R., at first crossing south of Washago, Ont., Mileage 88.34 Bala
Subd.
96720 Dec. 31 — Amending Order No. 96516 in the matter of the regulations for the
Transportation of Dangerous Commodities by Rail, etc.
96721 Dec. 31 — Authorizing the C.N.R. to construct an additional track across
Pleasant St. in the Town of North Sydney, N.S., Mileage 0.31 Wharf
Spur.
96722 Dec. 31 — Authorizing the C N.R. to install automatic protection at the crossing
of Highway No. 38 and its railway at Mileage 84.95 Smiths Falls
Subd., and the right of way of the C.P.R. at Mileage 84.98 Kingston
Subd., Ont.
96723 Dec. 31 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Black Road, Twp. of Foley, Ont., Mileage 13.67
Parry Sound Subd.
96724 Dec. 31 — Authorizing the New York Central Railroad Company to install
improved protection in lieu of the present protection at crossing of
its railroad and Joseph St., Beauharnois, P.Q., Mileage 43.1 Mohawk
and St. Lawrence Subds.
96725 Dec. 31 — Authorizing the C.N.R. to remove the station agent at Moulton, Ont.
96726 Dec. 31 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at first public crossing west of Myra, Man.,
Mileage 5.32 Miniota Subd.
96727 Dec. 31 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to construct Highway No. 15 across the pipe lines of Inter-
provincial Pipe Line Company in Sees. 9 and 16, Sask.
96728 Dec. 31 — Extending the time within which the C.P.R. is required to install
automatic protection at crossing of its railway and County Road
No. 14 at Mileage 60.91 Belleville Subd., Ont.
527
96729 Dec. 31 — Authorizing The Hydro-Electric Power Commission of Ontario to
construct an electrical transmission line on lands of the C.N.R. in
Lots 10 and 11, Cone. 3, Beasley's Lower Block, Twp. of Waterloo,
Ont., between Mileage 22.34 and Mileage 22.73 Fergus Subd.
96730 Dec. 31 — Authorizing the City of Moncton, N.B., to construct a street diversion
on each side of the C.N.R. between Queen St. and St. George St.,
City of Moncton, N.B.
96731 Dec. 31 — Authorizing the Rural Munic. of Excel No. 71, Sask., to widen the
highway where it crosses the C.P.R. in its Municipality at Mileage
36.55 Amulet Subd.
96732 Dec. 31 — Relieving the C.P.R. from erecting cattle guards at Mileage 102.2
Empress Subd., Sask.
96733 Dec. 31 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
96734 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96735 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96736 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96737 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96738 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96739 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96740 Dec. 31 — Approving tariffs filed by The Bell Telephone Company of Canada.
96741 Dec. 31 — Authorizing the removal of the caretaker at Kemnay, Man.
96742 Dec. 31 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Dunnville Consolidated
Telephone Company Limited.
96743 Dec. 31 — Authorizing the City of Oshawa to reconstruct the overhead bridge
carrying Ritson Road over the C.N.R. in the City of Oshawa, Ont.,
Mileage 300.1 Oshawa Subd.
96744 Dec. 31 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Gardenville St., Longueuil, P.Q., Mileage 2.25 Sorel Subd.
96745 Dec. 31 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Belcourt, P.Q.
96746 Dec. 31 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Mileage 77.81 Lachute Subd., P.Q.
96747 Dec. 31 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Pritchard, B.C., Mileage 104.6 Shuswap
Subd.
96748 Dec. 31 — Rescinding Order 58068 which approved facilities for the handling
and storage of flammable liquids at Windsor, Ontario.
96749 Dec. 31 — Rescinding Order No. 69500 which approved facilities for handling
and storage of flammable liquids at Tillsonburg, Ont.
96750 Jan. 5 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Dominion St., Truro, N.S., Mileage 63.59 Bedford Subd.
96751 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
96752 Dec. 31 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
528
96753 Dec. 31 — Approving tariffs filed by the British Columbia Telephone Company.
96754 Dec. 31 — Approving tolls published in tariffs filed by the Cumberland Railway
and Coal Company under section 8 of the Maritime Freight Rates
Act.
96755 Dec. 31 — Approving tolls published in tariffs filed by the Cumberland Railway
and Coal Company under section 8 of the Maritime Freight Rates
Act.
96756 Dec. 31 — Authorizing the C.P.R. to install automatic protection at the crossing
of E. C. Row Avenue and their railway at Third Concession Road,
Twp. of Sandwich East, Ont.
96757 Dec. 31 — Approving additional flammable liquid bulk storage facilities of
North Star Oil Limited at Saltcoats, Sask.
96758 Dec. 31 — Approving location of additional flammable liquid bulk storage
facilities of North Star Oil Limited at Gleichen, Alta.
96759 Dec. 31 — Authorizing the Ontario Department of Highways to install automatic
protection at crossing of the C.N.R. and Highway No. 99, 1.80 miles
west of Lynden, Ont., Mileage 15.80 Dundas Subd.
96760 Dec. 31 — Approving proposed location in facilities of Imperial Oil Limited
for storage of flammable liquid in bulk at The Pas, Man.
96761 Dec. 31 — Dismissing the application of the C.N.R. for authority to remove
the station agent and appoint a caretaker at Woodville, Ont.
96762 Dec. 31— Rescinding Orders 18494, 65911 and 66597 in the matter of the cross-
ing of the C.N.R. and the Montreal Tramways at Turcot, P.Q.,
Cornwall Subd., Montreal Terminals.
96763 Jan. 5 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Burketon, Ont., Mileage 54.42
Peterboro Subd.
96764 Jan. 5 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at the first public crossing south of
Scollard, Alta., Mileage 81.07 Stettler Subd.
96765 Jan. 5 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Ashern, Man.
96766 Jan. 5 — Approving proposed liquid bulk storage facilities of Imperial Oil
Limited at Hanna, Alta.
96767 Jan. 5 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Regina, Sask., Mileage 114.3 Lewvan Subd.
96768 Jan. 6 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and East Street, Town of Summerside, P.E.I., Mileage 47.08
Kensington Subd.
96769 Jan. 6 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Division de
TOuest).
96770 Jan. 6 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Division de
l'Est).
96771 Jan. 6 — Authorizing the C.N.R. and the C.P.R. to operate under the pedestrian
overhead bridge at Riverdale Park, Toronto, Ont., Mileage 2.60 Bala
Subd. (C.N.R.) and Mileage 106.40 Oshawa Subd. (C.P.R.).
96772 Jan. 6 — Amending Order No. 89569 in the matter of the C.P.R. closing within
the limits of its right of way the public crossing at Mileage 18.36
Carmi Subd., B.C.
96773 Jan. 6 — Approving alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Cie Locale de Telephone
de St-Gregoire.
96774 Jan. 7 — Authorizing the C.N.R. to operate under the temporary Bailey bridge
in the Village of Long Branch, Ont., Mileage 9.41 Oakville Subd.
96775 Jan. 7 — Authorizing the Municipality of Shuniah, in the Twp. of McGregor,
District of Thunder Bay, Ont., to construct the highway over the
C.P.R. at Mileage 122.68 Nipigon Subd.
96776 Jan. 7 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Cranberry Portage, Man.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
Hi)t ?3oarb of
®ratt£port Commissioner* for Cattaba
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, FEBRUARY 16, 1959 No. 22
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. . Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the investigation by the Board of Transport Commissioners for
Canada of certain competitive rates published by Canadian National
Railways and Canadian Pacific Railway Company on commodities moving
between points in Manitoba, Saskatchewan, Alberta and British Columbia,
the disallowance of which was applied for by Canadian Trucking Associ-
ations Inc. in their application to the Board dated August 21, 1957:
File No. 47439.9
Heard in Ottawa, November 12, 1958.
Before:
R. Kerr, Q.C., Assistant Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Appearances:
H. E. B. Coyne, Q.C., for the Canadian Trucking Associations.
J. W. G. Macdougall, Q.C., for the Canadian National Railways.
K. D. M. Spence, Q.C., for the Canadian Pacific Railway Company.
W. A. Wallace, representing the Canadian Transport Tariff
Bureau.
JUDGMENT
By the Board:
This investigation was instituted by the Board of its own motion, and con-
cerns the propriety of certain rates published as competitive rates by the railway
companies on merchandise between a limited number of points in western
Canada, which are said to have been established to meet motor truck competi-
tion. They are generally known as "incentive" rates because they are published
in relation to a series of minimum carload weights commencing with 24,000 lbs.,
and the rates are arranged in descending order as the minimum rises to
greater weights.
The matter of these rates was first brought to the attention of this Board
by the Canadian Trucking Associations Inc. in an application, dated August 21,
1957, requesting disallowance of these rates. The Board set the matter down
529
66355-9—1
530
for argument as to the status of the applicant, and the railways submitted a
motion requesting dismissal of the application on the ground that the applicant
had no status to invoke the jurisdiction of the Board under circumstances where
only the justness and reasonableness of rates is an issue. The Board found
that the applicant had no such status within the meaning of section 33(1) of
the Railway Act and therefore dismissed the application (76 C.R.T.C., 327).
In view of the circumstances surrounding these rates, however, the Board
instituted an investigation of its own motion for the purposes of obtaining the
facts relating thereto, and determining whether the rates violate in any manner
the provisions of section 334 of the Railway Act relating to competitive rates.
Such investigation has been made, the Board has obtained information from
both the Canadian National and Canadian Pacific as to the movement of the
traffic for a representative period, before and after the institution of such rates
on April 4, 1957, and has ascertained the revenues and costs of operation of
carrying such traffic.
The traffic principally consists of high grade merchandise for which uniform
equalized class rates were prescribed by the Board effective March 1, 1955. For
some years prior to April 4, 1957, it was recognized by the railways, however,
that much of this traffic was particularly vulnerable to highway competition
and the railways had instituted competitive rates applicable thereon. These
rates, however, did not return the expected traffic to the railways and on
April 4, 1957 they therefore instituted the so-called "incentive" rates, based on
lower unit costs with heavier carloading.
In an effort to ascertain the facts with respect to the rates charged by the
trucking organizations and their movements of traffic, the Board permitted the
Canadian Trucking Associations to appear by Counsel and submit information
to the Board through witnesses. Three witnesses appeared, one a cost finding
consultant who practices before the Interstate Commerce Commission and was
a former Chief of that Commission's Cost Finding Section. The witness on cost
finding made a statement as to the information produced and the use made of
it by the Interstate Commerce Commission. It was his contention that the
information used by that Commission in determining whether rates were
justified or not on a cost basis was predicated upon out-of-pocket costs on low
grade traffic, but that on high grade traffic such as is involved in this case, the
Commission looks to fully distributed costs. Beyond these general statements,
however, the witness did not attempt to illustrate the application of these cost
finding principles in relation to the particular movements involved in this case,
and therefore this evidence will not be further commented on herein.
The two other witnesses were, respectively, the Vice-President in charge
of traffic for Canadian Freightways Limited, with offices in Calgary, and the
Traffic Manager of Soo Security Motorways Limited, with offices in Winnipeg.
Both claimed to be familiar with railway rates and with the rates charged by
themselves and other large truckers, but they admitted they were not familiar
with lower rates charged by small independent trucking operators.
Exhibit No. 1 was submitted by these concerns and consists of a tabulation
of 72 commodity groups on which "incentive" rates are published. The Exhibit
not only shows the incentive rates effective April 4, 1957, but also the normal
class rates prescribed by the Board, and the competitive commodity rates in
effect April 3, 1957. This information was submitted by the witnesses on each
group of commodities which moved from Winnipeg to Saskatoon, Calgary,
Edmonton, Prince Albert, Regina and Vancouver; from Vancouver to Calgary
and Edmonton; from Calgary to Vancouver, Edmonton, Regina, Saskatoon and
Prince Albert; and from Edmonton to Calgary, Vancouver and Saskatoon. In
addition, the "all commodity" rates from Winnipeg to Regina, Saskatoon,
Calgary, Edmonton and Vancouver were shown.
531
The witnesses claimed they have knowledge of the movement by railway
of the 72 items, and alleged that only in seven instances have the railways
recovered the entire movement from the trucks; that in only a few other
instances have there been some increases in railway movement, but that in the
bulk of the examples there has been little or no effect on the railway movement
and that the trucks are still handling the traffic at their own rates, despite the
so-called "incentive" reductions made by the railways. According also to the
evidence of the two witnesses, in some instances traffic is under contract with
the Canadian Pacific Transport, presumably at lower highway rates, and there-
fore not available either to the railways or to the other highway transport
operators.
It was also suggested by these two witnesses that there is very little addi-
tional movement by rail from Winnipeg at the "incentive" rates of traffic
originating in the Winnipeg area itself, but that there may have been a
substantial movement of traffic from eastern Canada which was waybilled to
Winnipeg in the first instance, and rebilled from that point at the "incentive"
rates and therefore has defeated the through rates from eastern Canada to
points west of Winnipeg.
With respect to rates, the tenor of the evidence of these two witnesses was
that, generally speaking, with the exception of certain lower minima charged
by the truckers, their rates were the same as the original competitive commodity
rates of the railways in effect prior to April 4, 1957, and the witnesses claimed,
as stated, that other trucking concerns of the same standing as the firms repre-
sented by the witnesses were also charging such rates. The witnesses, however,
made no claim to represent the other trucking concerns, and they had no
knowledge whatever of what the independent small truckers were charging,
and this evidence must, therefore, be considered largely in the nature of hearsay.
The information obtained by the Board from the railways is contradictory
in some respects of the information submitted by the two witnesses referred to.
Having regard to section 334(2) of the Railway Act, as a preliminary move, a
general survey was made by the railways of the traffic moving on the Prairies
and to and from British Columbia by rail and by highway. This consisted of
84 individual heavy movements, and it was ascertained that approximately one-
half of such traffic was moving by highway transport. A detailed investigation
was also made by the Canadian National Railways of the rates charged on such
traffic, relating to 20 articles, and it was ascertained that the rates for highway
transportation were from 20% to 60% lower than the corresponding railway
competitive rates which had been instituted by the railways in the belief that
such rates would "meet" the competition encountered from the trucks. The
lower-rated competition therefore existed.
It was on that basis that the railways revised their charges, the rates for
minimum carloads of 24,000 lbs. being established in relation to the highway
rates actually charged, as ascertained by the railway investigation. The lower
rates for higher minima were made by dividing with the shipper the savings
in transportation costs for greater loading; the lower rates, however, were
designed so that each progressive decrease in rates was less than the correspond-
ing decrease in costs per 100 lbs. The contribution to profit ratio is therefore
greater per 100 lbs. of traffic at the combination of the lowest rate and the
greatest carload minimum.
As to another requirement of section 334, that the competitive rates are
to be compensatory, our investigation of the costs of transportation in relation
to the rates published by the railways shows that the individual rates of both
railways are fully compensatory.
In the matter of the total revenues on this traffic, however, the two railways
show different results. One railway shows that it has received a large increase
in the traffic under review, a large total increase in revenues, and considerably
66355-9—2
532
greater net earnings. The other railway shows a smaller increase in traffic
and in the revenues thereon, but the profit ratio on the increased traffic is less
than the reduction in rates. The individual rates and the revenue as a whole,
however, are fully compensatory compared with costs.
As to another requirement of section 334, so far as the present competitive
rates are concerned, particularly on the 24,000 lb. minimum, the Board has
concluded on the evidence that the rates are no lower than necessary to meet
the competition, and that so far as the incentive rates at higher minima are
concerned, the railways have justified them on the basis of lower unit costs
when cars are loaded to greater weights.
The rate structure of the railways for the first 25 years of this Board's
existence, i.e., from 1904 to 1929, was constructed on the basis that the railways
had a monopoly upon the movement of goods in this country, with the
exception of certain rates to meet seasonal water competition. That monop-
olistic rate structure served its purpose originally by enabling the shipper
of low-grade and low-valued articles to have low rates, while the railways
were able to off-set this low revenue by remunerative higher rates on high-
grade articles.
Commencing with the economic depression of 1929, however, the rate
structure was slowly, and then rapidly, eroded of traffic in its higher brackets
because of the development of highway transportation, coupled with several
percentage increases, totalling over 100%, in the normal rates of the railways.
The average freight revenue during this period has ranged approximately from
one cent to lg cents per ton mile. On the higher valued traffic, however, the
rates have been as high as 10 cents per ton mile. This rate situation was there-
fore a ready-made opportunity for the highway operators; they absorbed the
high-valued railway traffic at lower truck rates and with more expeditious and
convenient highway service, while making no attempt to serve the public by
carrying the low-grade traffic by truck, but leaving it to the railways. The
railways have struggled along under this handicap for the past 25 years, because
they were naturally reluctant to make radical changes in their rate structure.
This has gone on so long that the highway operators have assumed that they
can refer to it as "the established rate structure" and that complaints against
changing it will have due effect. There is, however, nothing inherently sacred
or static in the freight rate structure, and nothing to prevent the railways from
changing it to meet modern conditions, subject to the provisions of the Railway
Act. The railways can carry traffic at an average rate of \\ cents per ton-mile
and there is no object in clinging to an ineffective rate structure which results
in charges on some traffic of 3 cents to 10 cents per ton-mile, when their com-
petitors can handle it for less.
The so-called "incentive" rates are therefore a part of the evolution of the
rate structure, and the tendency is for changes in the rate structure to become
continuous. This instalment of the changes being made in the rate structure,
however, is still not giving the railways their permissive earnings as authorized
by this Board in several rate increase cases during the past 10 years, and it is
possible that the railways will have to consider further changes to meet condi-
tions as they find them.
The Board finds that under present conditions the rates involved herein
conform with the requirements of section 334 of the Act. The proceedings
therefore will be, and they are hereby, discontinued. No Order is necessary.
ROD KERR
F. M. MacPHERSON
L. J. KNOWLES
Ottawa, Ontario, December 29, 1958.
533
In the matter of the applications of the North-West Line Elevators Association;
United Grain Growers Limited; Alberta Wheat Pool; Manitoba Pool
Elevators; Saskatchewan Wheat Pool and Vancouver Merchants' Exchange
for an Order under Section 328 and other relevant sections of the Railway
Act, disallowing the amendments to Rule 2, of Canadian National Rail-
ways' tariffs C.T.C. Nos. W. 757 and 1023; and item 1 of Canadian Pacific
Railway Company's tariff C.T.C. No. W. 4090 and for certain substitutions
therefor respecting grain screenings and dockage.
File No. 30686.2
Before:
Rod. Kerr, Q.C., Assistant Chief Commissioner.
Frank M. MacPherson, Commissioner.
Appearances:
G. R. Hunter, Q.C., for United Grain Growers Limited.
Hazen Hansard, Q.C., for North-West Line Elevators Association.
R. A. Milliken, for Saskatchewan Wheat Pool.
J. J. Frawley, Q.C., for the Province of Alberta.
N. W. Bowen, for National Harbours Board.
C. W. Brazier, Q.C., for Vancouver Merchants' Exchange.
R. A. MacKimmie, Q.C., for Alberta Wheat Pool, and Manitoba
Pool Elevators.
J. W. G. Macdougall, Q.C., for Canadian National Railways.
K. D. M. Spence, Q.C., for Canadian Pacific Railway Company.
Heard at:
Winnipeg, Manitoba, December 1, 1958, and at
Vancouver, B.C., December 4 and 5, 1958.
JUDGMENT
Kerr, Assistant Chief Commissioner:
THE APPLICATION
The issues presented to us by the application are that an Order disallowing
amendments to the tariff provisions stated in the title hereof is sought and that
the said tariff provisions be amended as proposed by the applicants. The said
tariffs published export rates on grain and grain products in carloads from
prairie points to Pacific coast ports and to Churchill, Manitoba.
Not only do the applicants seek disallowance of the filed amendments to the
tariffs but also that the present tariff provisions be amended to conform to the
practice followed by the railways for many years past. For the purpose of
illustrating the wording of the tariffs involved, only the present and proposed
revisions as stated in Canadian Pacific Railway tariff C.T.C. No. W. 4090 are
cited hereunder as representative of the three tariffs in question:
Present tariff:
"Item 1. (a) Rates named herein are export rates and do not apply
as maximum to intermediate points. Rates authorized apply only to
countries as shown on title page when exported by direct vessel, upon
satisfactory evidence of exportation to such countries.
"Waybills must be drawn on Vancouver Wharf, B.C., or New West-
minster, B.C., and show clearly that grain or grain products are for export.
The name of the elevator in care of which the grain is shipped must also
be distinctly shown on waybills."
534
Proposed amendment by railways:
Adds paragraph (c) to foregoing:
"(c) When a portion of a carload shipment in bulk is not exported as
prescribed in this tariff, the carload is subject to the following rules:
(1) The portion not exported as prescribed in this tariff will be
charged for at the domestic rate in CP. Ry. Tariff No. W. 849-B,
C.T.C. No. W. 4143.
(2) The portion exported as prescribed in this tariff will be charged
for at the export rate in this tariff,
(3) The entire carload will be subject to minimum weight in this
tariff and any deficiency between total actual weight and carload
minimum weight will be charged for at the lowest export rate
applicable to any commodity in the carload."
Amendment proposed by applicants:
"(c) When a portion of a carload shipment in bulk is not exported as
prescribed in this tariff, the carload is subject to the following rules:
(1) The portion not exported as prescribed in this tariff (other than
dockage and screenings removed at terminal elevators) will be
charged for at the domestic rate in tariff . . .
(2) The portion exported as prescribed in this tariff and dockage and
screenings removed at terminal elevators will be charged for at
the export rate of this tariff.
(3) The entire carload will be subject to minimum weight in this
tariff and any deficiency between total actual weight and carload
minimum weight will be charged for at the lowest export rate
applicable to any commodity in the carload."
Effective date of amendment proposed by railways:
The amendment proposed by the addition of paragraph (c) to the pro-
visions now in effect was first published and filed in April 1958 to become
effective August 1, 1958. Its effectiveness has been voluntarily postponed by
the railways from time to time and is at present designated to become effective
on January 31, 1959.
The present provisions of the tariffs to which the amendment relates have
been substantially unchanged since the year 1908 when the first export tariff
of the Canadian Pacific Railway on grain to the Pacific Coast ports came into
force.
CIRCUMSTANCES AND CONDITIONS INVOLVED IN SHIPMENT OF
GRAIN FOR EXPORT
Grain delivered by producers to country elevators normally has a per-
centage of dust, seeds, wild oats, cracked grain straw and impurities of one
kind or another in it. In the grain trade this is known as "dockage", which
when removed is known as "screenings". The extent to which dockage is
present in the grain when delivered to country elevators is determined or
agreed to at the time of such delivery.
The grain, including the dockage, is required to be cleaned and the dockage
removed therefrom in accordance with the Canada Grain Act, R.S.C. 1952,
c. 25, in order to obtain grain of exportable quality.
Grain cleaning facilities are not ordinarily provided at country elevators
but are installed at terminal elevators at Pacific Coast ports, Churchill and the
Lakehead, and also at some interior elevators such as at Calgary and Saskatoon.
535
The cost of providing cleaning machinery at these points is said to represent a
substantially large dollar investment and it is stated that it would be
impracticable to provide similar facilities at each of the many country elevators
from which grain, including the dockage, is shipped.
The percentage of dockage in uncleaned grain, as shipped from country
elevators, varies as between different kinds of grain and also as between grain
of the same kind from different farms. It was said in evidence that the three-
year average dockage for the crop years 1955-58, for all grain and various
locations was 2.83% at the Lakehead and 2.79% at the Pacific Coast.
The producer, generally, obtains payment for grain delivered based upon
the recovery of cleaned grain. The general practice is that the screenings
recovered by the cleaning process are the property of the elevator performing
the cleaning which must dispose of the screenings by sale in order to recover
the costs incurred in the cleaning.
The identity of the grain as initially delivered to country elevators is
immediately lost after grading and determination of the dockage percentage.
As at country elevators, grain reaching terminal elevators is segregated
only by grade. Cleaning takes place after inward cars are unloaded and may
not occur immediately thereafter. The preponderance of cleaning takes place
at terminal elevators and only small quantities are cleaned at interior elevators.
The Board of Grain Commissioners has established six grades of screenings
of which it was stated that those most generally in use for merchandising
purposes are:
Refuse Screenings
No. 1 Feed Screenings
Mixed Feed Oats
to obtain which involves a further process of separation.
The separation of screenings by grade enables the sale of the higher grades
at prices that are higher than would prevail if no such separation was made.
The largest volume, however, is in the "Refuse" grade. Screenings are used
mainly for feed purposes, some small proportion is exported to foreign countries
on which the export grain rates apply, but the larger proportion finds its
way into domestic and United States markets. Some considerable weed seeds
are present in the screenings and weed control laws prevent sale thereof in
certain areas, a condition which it is hoped to overcome by a process now
being developed of removing the germination factor from them. Screenings
compete, to some extent, with grain which is used for feeding purposes.
In general, it was stated that screenings must be disposed of by the
elevators at almost any price in order not to clog the elevator facilities.
It was stated that the average prices in 1957 were $2.70 per ton for refuse
screenings; $28.70 for No. 1 Feed; and $30.00 for oat screenings with an
average recovery of $15.96 per ton. Some refuse screenings are burned at
Churchill for the purpose of producing power and at Prince Rupert screenings
have been dumped into the ocean. A higher percentage of screenings are
derived from cleaning flaxseed and movements have taken place of these
screenings to Minneapolis, whereas the main market for screenings at Van-
couver is the adjacent states and the domestic area of British Columbia.
The quantity of screenings which finds its way to overseas markets is
said to be very small; the majority of the screenings are necessarily marketed
in Canada or the United States.
EVIDENCE OF THE APPLICANTS
The review made above is taken from the evidence presented by the
applicants, although it does not include all that was adduced. The applicants
contend that no practicable or reasonable method exists of applying domestic
66355-9—3
536
rates to unexported screenings derived from cleaning the dockage from export
grain; that the identity of the shipment as initially made by the producers
through country elevators is lost; that it would be totally uneconomic to
market screenings if domestic rates are charged for the transportation of the
dockage portion of the uncleaned grain; and that while there may be some
reason to consider the present tariff provision as requiring the collection of
domestic rates where such screenings are not exported, in fact the railways
have never sought to do so previously.
One of the principal contentions of the applicants also is that when the
Board issued its General Order No. 448, which read:
"2. That the rates on grain and flour from prairie points to Vancouver
and Prince Rupert for export shall be on the same basis as the rates to
Fort William."
the intention was clearly expressed that the same method apply in respect of
shipments to the Pacific Coast as it did and does to Fort William. To Fort
William there is no difference between the rates charged for grain reaching
that point and consumed there and the rates on similar grain moving to points
beyond; and when grain is cleaned at Fort William there is no difference in
the inward charges for the resulting screenings and the cleaned grain. They
assert that for the railways to seek domestic rates on the dockage or screenings
at the Pacific Coast would result in unjust discrimination against the latter.
The amendment as proposed by the applicants is designed to maintain the
status quo and authenticate the charging, as heretofore, of the export rates
on dockage removed from export grain at seaboard terminal elevators.
EVIDENCE OF THE RAILWAYS
The contention of the railways is mainly that they are seeking to correct
a situation which has been known to them to be not in accord with their filed
tariff provisions; that such a correction has been continually sought by negotia-
tion with the trade for some considerable length of time; and that all such
negotiations have been unsuccessful.
They contend also that there is a need to secure additional revenue and
that the existing situation places them in the position of charging domestic
rates on uncleaned feed grain which applies such rates also to the dockage
therein, whereas the screenings derived from export grain have had the
advantage of the export rates although not exported overseas.
Because some rates have been instituted on screenings which are lower
than the domestic rates applicable on grain, yet higher than the export grain
rates, there appears to be a tendency in the railways' case to consider that
some relief may be necessary from the charging of the full domestic rate that
the proposed tariff amendment implies. The extent to which this might prevail
was not disclosed.
The railways also contend that no evidence had been adduced to show that
the rates proposed are unjust or unreasonable, and assert that the Board would
be without power to require what the applicants contend should be directed;
and that for the Board to grant the application would result in the imposition
of unjust discrimination against domestic traffic.
OBSERVATIONS AND CONCLUSIONS
The question at issue is whether the dockage in grain carried from western
Canada to British Columbia ports and Churchill, and removed there by cleaning
at terminal elevators, shall take export or domestic rates.
537
Before any further discussion of the point at issue, I am of the opinion that
it would be helpful and informative to briefly review the history of the export
rates to these ports, as follows:
History of export rates on grain to Pacific Coast and Churchill:
The rates first established by Canadian Pacific to Vancouver for export
were in the year 1908 and applied on Wheat, Oats and Barley. In 1909 Flour,
Rolled Oats and Rolled Barley were added, and later in the same year and
thereafter the tariff applied on Grain and Grain Products with appropriate
descriptions of the commodities coming within that general description. At
no time then, or since, has there been any tariff description of "dockage".
The tariffs have always described the countries of destination as points
to which the export movement would necessarily be by ship. At no time
have the export rates been applicable on movements to the United States.
The initial tariff applied only from points in Alberta and the basis for the
rates was those applicable for equal distance to Fort William but with con-
structive mileage to Vancouver added. The rates to Fort William were, of
course, the Crow's Nest Pass rates. Subsequently the tariffs to Vancouver were
extended to apply from points in Saskatchewan.
At the time of the Board's Judgment in the Western Rates Case of 1914
this was the basis in effect and that Judgment did not direct any change in
such rates.
In 1920 the Canadian National Railways established export rates on grain
to Vancouver and the Canadian Pacific then made some modification in its
rates. Along with general increases and decreases in rates which occurred
in the War I period the grain export rates were subjected to similar adjust-
ment until 1922 when the Crow's Nest rates, which had been temporarily
suspended, were re-established to the Lakehead by Chapter 41 of the Statutes
of 1922. Realizing that this would result in complaints against the spread or
difference between eastbound movements to the Lakehead and westbound to
Vancouver for export, the Board held a conference with representatives of the
railways with the result that the railways voluntarily made a general reduction
of 20 per cent in export rates to Pacific Coast ports which took effect in the
year 1922.
Order in Council P.C. No. 2007, dated October 2, 1923, referred the matter
of export rates on grain to Vancouver to the Board for such effective action as
it might deem necessary. The Board, by its General Order No. 384 of October
10, 1923, prescribed a reduction in rates of ten per cent (Vol. XIII, J.O.R. & R.
p. 180). It appears that the purport of the Judgment was to equalize as far
as possible the rates to eastern and western termini.
On September 2, 1925, the Board issued its Order No. 36769 directing
"That the Canadian Pacific and the Canadian National Railway Companies
file tariffs, effective not later than the fifteenth day of September 1925, reducing
the rates on grain and flour to Pacific ports within Canada, for export, to the
same rates, proportioned to distance, as such grain and flour would carry if
moving eastward for export". In the related Judgment of September 2, 1925,
by Chief Commissioner McKeown, concurred in by Commissioner Oliver
(XV, J.O.R. & R. p. 272; 30 C.R.C. 393) reference is made to the fact that
previous to the 1925 amendment to the Railway Act the condition of affairs as
between the western and eastern ports in their competition for grain and flour
export was that the latter had the benefit of Crow's Nest Pass Rates applied to
such traffic moving eastward from points of loading west of Fort William in
existence in 1897, although in practice a wider construction was put upon the
terms of the Crow's Nest Pass Agreement; and that the Amendment extend
66355-9— 31
538
such rates to grain and flour moving from all points on all lines of railway-
west of Fort William, to Fort William or Port Arthur. The following extracts
from the Judgment are pertinent:
"In the presence of this legislation, giving rise, it is claimed, to
conditions as against the western ports more onerous than have heretofore
existed, it is, I think, the duty of the Board to give effect to provisions
of the Railway Act calling for the removal of unjust discrimination, as
well as to the instructions of the Order in Council, and to provide to all
points, whether east or west, an equality as far as the same may be within
its power to do so. I do not think it can be denied that the maintenance
of the present inequality places the western ports at a serious disadvantage
and gives colour and substance to the complaint of injustice. While it may
be said that Parliament could very easily have covered the western
situation by legislation, it does not seem to me that such statement is
conclusive, but rather it is for us to carefully scan the recent legislation,
and the directions of Order in Council P.C. 886, not only to see whether
the Board's powers are sufficient to meet the situation (as I think they
are) but also to see whether the spirit of such legislation does not direct
us to do so. If not, the instructions issued to this Board under this Order
in Council appear meaningless as regards this phase of the problem. It is
not necessary to embody the whole Order in Council in these reasons for
judgment. The objective which.it has in view is: 'The establishment of
a fair and reasonable rate structure which will, under substantially
similar circumstances and conditions, be equal in its application to all
persons and localities, etc' This carries with it an obligation to effectively
implement such instructions, which to my mind are unambiguous. No
action on the part of the Board can produce such result unless it directs
that such rates really be equalized, whether the trade moves in an easterly
or in a westerly direction."
"Irrespective, almost, of the cost of transportation it is decreed that
this national asset must find its way to market, so far as railway carriage
is concerned at a rate substantially lower than other commodities bear.
I do not think it can be contended that such action is founded on a desire
or intention to aggrandize one part of the country at the expense of another,
but rather for the reason that the enormous national value of the grain
production of Canada justifies such procedure.
Although in the legislation referred to mention is made of the volume of
trade moving in an eastern direction only, nevertheless in view of the
reasons upon which such legislation is based, and of the direction to
equalize rates and do away with unjust discrimination, contained in the
Order in Council and in the Railway Act, it seems to me that when dealing
with the same commodities, we would be wholly turning our backs upon
the true intent and meaning of such legislation and instructions, if equal
treatment were refused to the westward flow."
Order No. 36769 was reviewed by the Board in the General Freight Rates
Investigation directed by Order in Council P.C. No. 886, of June 5, 1925, as
appears by its Judgment dated August 26, 1927 (33 C.R.C. 127). There are
many references to the movement of grain eastward and westward which need
not be quoted. The result was that the Board issued General Order No. 448,
dated August 26, 1927, which referred, inter alia, to the directions of Order
in Council P.C. No. 886, requiring the Board to have regard to "(c) the increased
539
traffic westward and eastward through Pacific Coast ports owing to the
expansion of trade with the Orient and to the transportation of products
through the Panama Canal", and ordered as follows:
"That the rates on grain and flour from Prairie points to Vancouver
and Prince Rupert for export shall be on the same basis as the rates to
Fort William, but in computing such rates, the distance from Calgary to
Vancouver via the Canadian Pacific Railway shall be assumed to be the
same as from Edmonton to Vancouver via the Canadian National Railway,
namely 766 miles.".
In pursuance of this Order the rates to Pacific Coast ports for export
were put into effect as directed. In 1931 the Canadian National Railways
voluntarily established export rates on the basis of the rates to Fort William.
The applicants assert that the words "on the same basis as the rates to
Fort William" stated in General Order No. 448 mean that not only the rates
are to be the same for equal distance but also that they are to be applied in
the same manner as those to Fort William and that as no distinction is made
between grain consumed locally at the Lakehead and that moved to beyond,
and no attempt made to charge higher rates on the dockage cleaned from the
grain at the Lakehead, export grain through Pacific ports and Churchill should
receive similar treatment.
In the historical review, supra, there is a clear indication that what the
Board had under consideration, and what it endeavoured to remedy when it
issued Order No. 36769 and General Order No. 448, was the inequality that
existed between eastern and western ports. It is quite apparent that in
prescribing the Fort William basis for export through Pacific ports the Board
was dealing with the situation as it then existed. That situation was that
the Crow's Nest Pass basis applied to the Lakehead on the grain as shipped,
including dockage, and contemporaneously export grain, including dockage,
was being transported through Pacific ports at export rates. I am of the
opinion that the words "on the same basis as the rates to Fort William" were
intended to mean and do mean that the export rates on grain, including the
dockage therein, from Prairie points to Vancouver and Prince Rupert shall be
on the same basis as the rates on grain, including dockage, to Fort William.
It is immaterial, in my mind, that the tariff issued following General
Order No. 448 did not so specifically provide — the fact is that prior thereto and
subsequently, in fact for about 50 years, the railways have applied this basis,
and the tariff amendments filed by the railways and objected to by the
applicants will, if they become effective, change the practice which has pre-
vailed under the existing tariffs, and will be contrary to General Order No. 448.
The Board has power to rescind or vary its General Order No. 448 to
enable the railways to charge domestic rates on the dockage which is not
exported in the manner set out in the export tariffs of the railways now in
effect. However, if the measure of equality with eastern ports that General
Order No. 448 afforded to Vancouver and Prince Rupert and as extended
voluntarily to Churchill, was warranted when that General Order was issued —
and I accept that as a fact — it is no less warranted today in view of the
development of these ports, the immense investment in terminal elevators and
cleaning equipment, the lengthy period during which the export rates have
been in effect and applied to both exportable grain and the screenings derived
from the cleaning out of the dockage, and the large volume flow of grain to
these ports for export that has developed under such export rates.
540
Since the first export tariff to the Pacific Coast was filed in 1908 the export
rates have been on a lower level than the contemporary domestic rates. The
only change which has occurred is that the spread between the export and
domestic rates has materially widened by the increases applied to the domestic
rates.
It was stated in evidence that grain is delivered to the terminal elevators
at the Pacific Coast on export rates and any portion of such grain which is
removed from export position into the domestic market is charged the difference
between the export and domestic rates. It may be that domestic rates should
be applied to some amount of dockage fairly related to such portion of export-
able grain diverted from export, if it is feasible to do so — the point was not
raised at the hearing.
The railways' contention that to allow export rates to apply to unexported
dockage would create unjust discrimination against grain shipped at domestic
rates is not convincing since the railways themselves have since 1908 at
Vancouver practised such discrimination without any objection having reached
the ears of the Board. I agree that there is discrimination present in such
practice but I do not think that the difference in treatment is unjust, unreason-
able or unduly preferential in view of the difference in circumstances and
conditions between the large volume movements of grain to the ports for export,
on the one hand, and purely domestic movements of relatively minor volumes
on the other hand.
Under the existing structure of rates and their application, there is a well
defined line of shipping points where there is equality of rate to the Lakehead
and to the Pacific Coast. If the proposed increase in rates on dockage became
effective, the applicants contend, and I think with justification, that there would
be a possible diversion to the Lakehead of grain that would otherwise move
to the Pacific Coast. Such shifting of the direction of movement would be
detrimental to these ports and yet might not appreciably enhance the revenue
of the railways, because if the movement occurs to the Lakehead it would be at
Crow's Nest Pass rates which are applicable on both the grain and the dockage
therein.
I am impressed by the evidence and argument, not controverted, that
dockage is inherently part of the grain movement to the terminal elevators;
that it is impracticable to have sufficient cleaning machinery or equipment,
and skilled personnel, to clean grain at all of the country elevators to separate
the dockage and exportable grain; and that to provide such facilities and
personnel would be improvident and economically unsound.
The situation, therefore, is unique in that the dockage is necessarily part
of the grain whether shipped for export or domestic consumption. The only
practicable solution is to allow the dockage to pay the same rate that is applied
to the grain itself when it is shipped to the cleaning point. This appears to
have always been the practice and in my opinion a case has not been made out
to warrant changing the status quo.
The proposed amendments to the railway tariffs are accordingly disallowed,
and where export rates are applied to grain moving to British Columbia ports
and Churchill, Manitoba, such rates shall be also applicable to the dockage in
such grain; and the railways are directed to clarify their tariff rules
accordingly.
Order to go.
I stated at the hearing that Commissioner L. J. Knowles had been unable
to attend the sittings at Winnipeg and Vancouver as had been intended but
541
that I would discuss the case with him upon my return and have the benefit
of his views. He has read the transcript of evidence and the submissions on file
and otherwise examined into the matter and has instructed me to state that
he concurs with the conclusions herein.
ROD KERR,
Assistant Chief Commissioner.
I concur:
F. M. MacPHERSON,
Commissioner.
Ottawa, January 20, 1959.
542
ORDER No. 96885
In the matter of the applications of the North-West Line Elevators Association;
United Grain Growers Limited; Alberta Wheat Pool; Manitoba Pool
Elevators; Saskatchewan Wheat Pool and Vancouver Merchants'
Exchange for an Order under Section 328 and other relevant sections
of the Railway Act, disallowing the amendments to Rule 2, of Canadian
National Railways' tariff C.T.C. Nos. W. 757 and 1023; and item 1 of
Canadian Pacific Railway Company's tariff C.T.C. No. W. 4090 and for
certain substitutions therefor respecting grain screenings and dockage.
File No. 30686.2
Tuesday, the 20th day of January, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon hearing the applications at sittings of the Board at Winnipeg and
Vancouver, in the presence of Counsel and parties whose appearances are set
forth in the Judgment herein, dated January 20, 1959:
It is hereby ordered as follows:
1. The amendments to Canadian National Railways' Tariffs C.T.C. Nos.
W. 757 and 1023, and Canadian Pacific Railway Company's Tariff, filed with
the Board to become effective January 31, 1959, as described in the Judgment
herein, are disallowed.
2. Canadian National Railways and Canadian Pacific Railway Company
shall clarify their tariff rules as directed by the said Judgment.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
GENERAL ORDER No. 837
In the matter of Section 52 of the Pipe Lines Act and uniform classification and
system of pipe line accounts and reports:
File No. 45371.33
Monday, the 29th day of December, A.D. 1958
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
The December 1958 issue of the "Uniform Classification of Accounts for
Oil Pipe Line Companies", on file with the Board of Transport Commissioners
for Canada under file No. 45371.33, is prescribed for all oil pipe line companies
within the legislative authority of the Parliament of Canada, to be effective on
January 1, 1959.
ROD KERR,
Assistant Chief Commissioner
The Board of Transport Commissioners for Canada.
543
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
NOVEMBER, 1958.
Killed Injured
Railway Accidents 180 10 206
Level Crossing Accidents .... 56 14 66
Total 236 24 272
Killed Injured
Passengers — 38
Employees 5 165
Others 19 69
Total 24 272
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Prince Edward Island
— 1 Automobile struck by train. Licence: N.S. 54271.
Nova Scotia
— 1 Automobile struck by train. Licence not given.
Quebec
— 1 Automobile struck by train. Licence: Que. 399-856.
— 1 Automobile struck by train. Licence: Que. 302-983.
1 2 Automobile struck by train. Licence: Que. 303-483.
— 1 Auto truck struck by train. Licence: Que. FB-8039.
— 1 Auto truck struck by train. Licence: Que. FB-7812.
1 — Auto truck struck by train. Licence: Que. FT-3674.
— . 1 Auto truck struck by train. Licence: Que. L-5971.
2 — Automobile struck by train. Licence: Que. 179-237.
— 1 Auto truck struck by train. Licence: Que. FT-115.
— 1 Automobile struck by train. Licence: Que. 624-302.
Ontario
— 1 Automobile struck by train. Licence: Ont. F-63558.
2 1 Automobile struck by train. Licence: Ont. A-85848.
— 1 Automobile ran into side of train. Licence: Ont. 26855.
1 1 Automobile ran into side of train. Licence: Ont. 503-656.
— 4 Auto truck struck by train. Licence: Ont. 87423-C.
1 — Automobile struck by train. Licence: Ont. 45252-X.
— 2 Automobile ran into side of train. Licence not given.
— 1 Track motor car struck automobile. Licence: NY EC-2108.
1 — Auto truck struck by train. Licence: Ont. 66559-C.
— 2 Automobile ran into side of train. Licence: Ont. C-63332.
— 1 Auto truck ran into side of train. Licence: Ont. 544-34-A.
— 1 Automobile struck by train. Licence: Ont. 475-935.
— 3 Automobile struck by train. Licence: Ont. 184-959.
1 — Auto truck struck by train. Licence: Ont. 261-1 19-A.
— 1 Auto truck ran into side of train. Licence: Ont. 42509-C.
— 1 Automobile struck by train. Licence: Ont. 934-689.
— 1 Motorcycle struck by train. Licence: Ont. 2705.
— 1 Automobile ran into side of train. Licence: Ont. J-55899.
544
Killed Injured
2 — Automobile ran into side of train. Licence: Ont. 481-550.
— 1 Automobile ran into side of train. Licence: Ont. C-22370,
— 1 Automobile struck by train. Licence: Ont. 982-009.
— 2 Automobile struck by train. Licence: Ont. 784-348.
— 1 Auto truck ran into side of train. Licence: Ont. 25216-C.
— 1 Automobile ran into side of train. Licence: Ont. B-32392.
— 1 Automobile struck by train. Licence: Ont. 678-219.
— 3 Automobile ran into side of train. Licence: Ont. 653-140.
— 1 Automobile struck by train. Licence: NY 4-B-9869.
— 2 Automobile struck by train. Licence: Ont. 993-558.
Manitoba
1 Track motor car struck auto truck. Licence: Man. 69-405.
1 Automobile ran into side of train. Licence: Man. 3-E-93.
1 Automobile struck by train. Licence: Man. 9-B-330.
1 Road Scraper struck by train. Licence: Man. 660.
Saskatchewan
1 Auto truck ran into side of train. Licence: Sask. F-91748.
1 Auto truck ran into side of train. Licence: Sask. C-7893
2 Automobile ran into side of train. Licence: Sask. 161-177.
1 Auto truck struck by train. Licence: Sask. C-12392.
Alberta
— 1 Automobile struck by train. Licence: Alta. ED-385.
2 2 Automobile struck by train. Licence: Alta. EK-072.
— 1 Auto truck struck by train. Licence: Alta. PS 25-245.
— 2 Auto truck struck by train. Licence: Alta. 152-053.
British Columbia
1 Automobile ran into side of train. Licence: BC 283-804.
1 Auto truck struck by train. Licence: BC CA-9752.
2 Automobile ran into side of train. Licence: BC-292-321.
1 Automobile ran into side of train. Licence: BC 9-420.
Of the 56 accidents at highway crossings, 43 occurred at unprotected crossings,
13 at protected crossings, 28 occurred after sunrise and 28 after sunset.
Ottawa, Ontario, January 15, 1959.
545
ORDER No. 96889
In the matter of the application of Northern Transportation Company Limited,
hereinafter called the "Applicant", for a licence under section 10 of the
Transport Act:
File No. 42076.33
Tuesday, the 20th day of January, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
Licence No. C.T.C. (WT) 349 is issued to the Applicant licensing, for the
period of one year commencing February 9, 1959, the following ships to transport
goods by water between all ports and places in Canada in the areas designated
herein with respect to each ship:
On rivers, streams, lakes and other waters within the watershed of the
Mackenzie River, except Fort Nelson River, and Liard River (other than the
Fort Simpson Airport).
Official
Gross
Vessel Name
Registry No.
Tonnage
cilavp Rivpr
152590
50.31
"RnHinm OiiPPTl
159001
108.37
RaHinm TCirif?
159002
115 .34
Radium T.ad
170773
40.37
170938
153 . 00
171801
27.00
Radium Express
171802
87.59
Radium Prince
175123
42.07
George Askew
175156
127.19
Stuart Lake
175562
14.73
Watson Lake
175563
26.07
175564
163.70
Horn River
176217
107.65
Slave
176218
69.45
Radium Gilbert
177784
296.79
Radium Charles
179097
230.05
Radium Scout
179098
23.18
Radium Prospector
188350
198.80
Radium Miner
188351
199.75
Radium Trader
188352
199.77
Radium Yellowknife
190334
235.45
Peace
192899
69.45
Niangua
192908
21.23
Radium Franklin
194887
118.81
Radium Dew
198913
288.97
Radium 10
71.15
Radium 75
64.63
Radium 76
77.14
Radium 77
77.14
Radium 78
77.14
Radium 80
192.44
Radium 101
107.49
Radium 102
105.85
Radium 103
105.85
Radium 104
107.91
546
Official Gross
Vessel Name Registry No. Tonnage
Radium 209 193282 364.89
Radium 210 193283 364.89
Radium 211 175554 295.83
Radium 212 175555 295.83
Radium 254 175556 215.66
Radium 255 175557 215.66
Radium 256 175558 215.66
Radium 257 175559 215.66
Radium 258 175560 419.78
Radium 259 175561 419.78
Radium 260 188244 419.78
Radium 261 188245 419.78
Radium 303 179099 168.78
Radium 304 179100 168.78
Radium 350 195242 213.41
Radium 351 195243 213.41
Radium 352 195244 213.41
Radium 400 175153 227.32
Radium 402 175155 406.60
Radium 403 176215 227.32
Radium 404 176216 227.32
Radium 405 177785 220.83
Radium 406 177786 220.83
Radium 407 177787 220.83
Radium 408 177788 220.83
Radium 409 177789 220.83
Radium 410 177790 220.83
Radium 411 178031 220.83
Radium 412 178032 220.83
Radium 413 178033 220.83
Radium 415 178035 220.83
Radium 416 179422 220.83
Radium 417 179423 220.83
Radium 418 179424 220.83
Radium 419 179425 220.83
Radium 420 179426 220.83
Radium 421 179427 220.83
Radium 422 179428 220.83
Radium 423 179429 220.83
Radium 424 190807 220.83
Radium 425 190808 220.83
Radium 426 190809 220.83
Radium 427 190810 220.83
Radium 428 190811 220.83
Radium 429 190812 220.83
Radium 430 190813 220.83
Radium 432 190815 220.83
Radium 433 190816 220.83
Radium 434 190817 220.83
Radium 435 190818 220.83
Radium 500 197409 272.47
Radium 501 197411 272.47
Radium 502 197415 272.47
Radium 600 198137 319.71
Radium 601 198138 319.75
Radium 602 198617 319.25
Radium 603 198618 319.09
Radium 604 198623 320.24
Radium 605 198624 320.24
547
Official Gross
Vessel Name Registry No. Tonnage
Radium 606 198626 320.24
Radium 607 198640 320.24
Radium 608 198641 320.24
Radium 609 198655 320.24
Radium 610 188571 320.24
Radium 611 188572 320.24
Radium 612 188573 320.24
Radium 613 188575 320.24
Radium 614 188576 320.24
Radium 615 188586 320.24
Radium 616 188587 320.24
Radium 617 188588 320.24
Radium 618 188592 320.24
Radium 619 188598 320.24
Radium 620 188601 320.24
Radium 621 188602 320.24
Radium 622 188607 320.24
Radium 623 188608 320.24
Radium 624 188612 320.24
Radium 625 188615 320.24
Radium 626 188621 320.24
Radium 627 188622 320.24
Radium 628 188626 320.24
Radium 629 188629 320.24
Radium 630 188639 320.24
Radium 631 188643 320.24
Radium 632 188646 320.24
Radium 633 188651 320.24
Radium 634 188657 320.24
Radium 635 188658 320.24
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
548
ORDER No. 96952
In the matter of the Board's Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express Service:
File No. 1717.87.37
Tuesday, the 27th day of January, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
Notwithstanding the provisions of section 74.532 (k) of the Board's Regula-
tions for the Transportation of Explosives and Other Dangerous Articles in Rail
Freight and Rail Express Service —
It is hereby ordered as follows:
1. Railway companies subject to the Board's jurisdiction are authorized to
accept ammonium nitrate (fertilizer grade), ammonium nitrate, ammonium
nitrate mixed fertilizer, and ammonium nitrate-phosphate which are free of all
organic substances for shipment in bulk in covered hopper cars by rail freight
in Canada.
2. Hopper cars used in this service shall be in good running condition and
the interiors shall be thoroughly cleaned before loading. They shall be free
from holes or cracks through which dust, dirt or sparks may enter. Covers
or closures shall be of a type and size that will relieve a build-up of pressure
in the event of a fire or explosion and will prevent rupture of the car shell.
3. Each bill of lading, shipping order or other shipping paper issued in lieu
thereof shall make reference to this Order number in connection with the
description of the commodity.
4. Except as expressly provided herein, the shipper shall not be relieved
of any requirement of the Board's regulations.
5. Order No. 93080, dated December 2, 1957, is rescinded.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
549
SUMMARY OF ORDERS ISSUED BY THE BOARD
96777 Jan. 7—
96778 Jan.
96780 Jan.
96781 Jan.
96782 Jan.
96784 Jan.
96785 Jan.
96786 Jan.
96787 Jan.
96788 Jan.
96790 Jan.
96791 Jan.
96792 Jan.
96793 Jan.
96794 Jan.
96795 Jan.
96796 Jan.
96797 Jan.
96799 Jan.
96800 Jan.
96783 Jan. 7-
96789 Jan. 7—
8—
96798 Jan. 8—
Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 58 in the Town of Merritton, Ont.,
Mileage 5.3 Grantham Subd.
Authorizing the C.N.R. to remove the station agent and appoint a
caretaker-express commission agent at Roland, Man.
Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Four Pines Crossing in the City of Sherbrooke,
P.Q., Mileage 70.39 Sherbrooke Subd.
Approving tariffs filed by The Bell Telephone Company of Canada.
Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and each crossing of Ormond Street (Highway No. 58)
and the wye and main tracks in the Town of Thorold, Ont., Mileage
5.1 Welland Subd.
Authorizing the C.N.R. to operate under the overhead bridge in the
Parish of Salisbury, Westmorland Co., N.B., Mileage 19.57 Sussex
Subd.
Rescinding Order No. 60805 which approved location of facilities
for the handling and storage of flammable liquids at St. Thomas, Ont.
Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at Templeton, P.Q.
Approving proposed liquefied petroleum gas bulk storage facilities
of M. and M. Propane Gas Company Limited, at Mileage 105.56
Opemiska Subd., P.Q.
Rescinding Order 82738 which approved location of facilities for the
handling and storage of flammable liquids at Thornlea, Ont.
Approving tolls published in tariffs filed by the Grand Falls Central
Railway Company under section 8 of the Maritime Freight Rates
Act.
Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Riviere du Loup, P.Q.
Authorizing the Rural Munic. of Clintworth No. 230, Sask., to con-
struct the highway over the C.P.R. at Mileage 64.67 Empress Subd.,
Sask.
Approving proposed Class II flammable liquid bulk storage facilities
of the C.N.R. at Victoria, B.C.
Amending Order No. 95917 which authorized the C.N.R. to operate
their trains over the crossing of their railway and the New York
Central Railroad Company at Canfield Junction, Ont.
Authorizing the New York Central Railroad Company to remove the
station agent at Rodney, Ont.
Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under sections 3 and 8 of the Maritime Freight
Rates Act.
Approving tariffs filed by the Canadian National Telegraph Company
and the Canadian Pacific Railway Company, covering telegraph rates
applicable between Canada and the United States.
Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Vulcan, Alta.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Adolphustown Rural Tele-
phone System.
550
96801 Jan. 8 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
96802 Jan. 8 — Approving Supplement No. 18 to Canadian Freight Classification
No. 20 filed by the Canadian Freight Association.
96803 Jan. 8 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of its railway and County Road
No. 27, near Paris, Ont.
96804 Jan. 8 — Amending Order No. 96015 in the matter of constructing the highway
over the C.N.R. at Mileage 1.93 Rosetown Subd., Sask.
96805 Jan. 8 — Approving application of the Munic. of Shunia, Ont., for leave to
construct a public road across the Northern Ontario Pipe Line
Crown Corporation in the Twp. of MacGregor, Ont.
96806 Jan. 8 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Coalspur, Alta.
96807 Jan. 8 — Authorizing The Bell Telephone Company of Canada to construct a
buried cable across the company pipe line of Trans-Canada Pipe
Lines Limited in the Parishes of St. Michel de Vaudreuil and St.
Lazare, both in the County of Vaudreuil, P.Q.
96808 Jan. 9 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under section 8 of the Maritime Freight Rates
Act.
96809 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of
North Queen Street and the C.P.R. in Toronto, Ont., Mileage 0.91
Canpa Subd.
96810 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of the
Second Line and the C.N.R. at Hagersville, Ont., Mileage 24.2
Hagersville Subd.
96811 Jan. 9 — Authorizing the C.N.R. to remove the agent and appoint a caretaker
at Northwood, Ont.
96812 Jan. 9 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at St. Adelphe, P.Q.
96813 Jan. 9 — Approving proposed flammable liquid bulk storage facilities of
Norquay Co-Operative Assoc. Ltd., Norquay, Sask.
96814 Jan. 9 — Authorizing the C.N.R. to operate its trains over the diamond crossing
at Mileage 4.84 Gladstone Subd. at St. James Junction, near Winni-
peg, Man., wheree it crosses the LaRiviere Subd. (C.P.R.) at
Mileage 5.2.
96815 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of
Queen St. and the C.P.R. in Streetsville, Ont., Mileage 20.12 Gait
Subd.
96816 Jan. 9 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Shamrock Subd., Sask.
96817 Jan. 9 — Authorizing the Twp. of Harwich, Ont., to improve the approach
grade at crossing of Communication Road and the C.N.R. at Mileage
59.25 Chatham Subd.
96818 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of
51st Ave. and the C.P.R. in South Edmonton, Alta., Mileage 94.9
Leduc Subd.
96819 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Wetaskiwin, Alta., Mileage 56.8 Leduc
Subd.
96820 Jan. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Pleasant Point, Ont., Mileage 21.40
Bobcaygeon Subd.
96821 Jan. 9 — Approving proposed flammable liquid storage facilities of Strasbourg
Co-Operative Assoc. Ltd., Strasbourg, Sask.
96822 Jan. 9— Rescinding Order No. 92707 in the matteer of facilities of The Steel
Company of Canada Limited, for storage of flammable liquids near
the C.N.R. at Montreal, P.Q.
96823 Jan. 9 — Extending the time within which the C.P.R. is required to install
automatic protection at crossing of its railway and Highway No. 29
at Terrebonne, P.Q., Mileage 10.28 Trois-Rivieres Subd.
551
96824 Jan. 9 — Authorizing the Niagara, St. Catharines and Toronto Rly. Company
(C.N.R.) to discontinue passenger train service operating between
Port Colborne and Thorold, Ont.
96825 Jan. 12 — Approving terms and conditions of the issue and sale or other
disposition of shares of capital stock of the British Columbia Tele-
phone Company.
96826 Jan. 12 — Authorizing the C.P.R. to make changes in the signal protection at
Whytewold and Winnipeg Beach, Man.
96827 Jan. 12 — Authorizing the City of Ottawa to construct a temporary crossing at
the intersection of O'Connor St. and the C.N.R. in Ottawa.
96828 Jan. 12 — Approving proposed flammable liquid bulk storage facilities of
McColl-Frontenac Oil Company Limited, at Vermilion, Alta.
96829 Jan. 13 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Kennedy Road in Agincourt, Ont., Mileage 97.3
Oshawa Subd.
96830 Jau. 13 — Rescinding Order No. 71766 in the matter of facilities of Trinidad
Leaseholds (Canada) Limited, for the handling and storage of
flammable liquids near right of way of the Essex Terminal Railway
Company at Windsor, Ont.
96831 Jan. 13 — In the matter of the application of the Railway Association of Canada
and certain of the member companies, dated Sept. 16, 1958, for
authority to make increases in their tolls or rates for the carriage of
freight traffic on their lines in Canada, and in particular in the
matter of the final relief therein requested.
96832 Jan. 13 — Authorizing the removal of the speed limitation at the crossing of
Green Street and the Dominion Atlantic Railway Company west of
the station at Newport, N.S., Mileage 26.78 Halifax Subd.
96833 Jan. 13 — Approving Alernate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Telephone St-Germain de
Drummond Limitee.
96834 Jan. 13 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Les Pionniers de St-Marc.
96835 Jau. 13 — Approving plans submitted by the C.P.R. showing details of the
proposed new standard for treated and untreated timber decks on
steel bridges.
96836 Jan. 13 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Provincial Highway No. 21 at Mileage 53.46 Hartley
Subd., Man.
96837 Jan. 14 — Authorizing the C.N.R. to reconstruct the Simcoe St. Subway at
Oshawa, Ont., Mileage 300.6 Oshawa Subd.
96838 Jan. 14 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 45, at Colombourg, P.Q., Mileage 22.06 Macamic Subd.
96839 Jan. 14 — Authorizing the Indian Affairs Branch of the Departmeent of
Citizenship and Immigration to construct the highway over the
C.N.R. in the Wabamun Indian Reserves 133A and 133B, in Twp. 52,
Rge. 3, W.5M., Alta., at Mileage 39.38 Wabamun Subd.
96840 Jan. 14 — Authorizing the C.N.R. to construct in industrial track across and
along Bayview Ave. extension and across and under Gerrard St.
East, City of Toronto, Ont., Mileage 2.45 Bala Subd.
96841 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 18 and the C.P.R. at Mileage 5.53 Trois-
Rivieres Subd., P.Q.
96842 Jan. 14 — Approving proposed flammable liquid bulk storage facilities of
Strathclair Co-Operative Limited, at Strathclair, Man.
96843 Jan. 14 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and the Cascade-Laurier Highway at Cascade, B.C.,
Mileage 81.8 Boundary Subd.
96844 Jan. 14— Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highways Nos. 97 and 3, near Oliver, B.C., Mileage
19.30 Osoyoos Subd.
552
96845 Jan. 14 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 97 at Mileage 2.34 Osoyoos Subd.,
B.C.
96846 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Stewiacke, N.S., Mileage 46.75 Bedford
Subd.
96847 Jan. 14 — Authorizing the C.N.R. to make changes in the protection at the
crossing of their railway and King St. in the Village of Thorndale,
Ont.
96848 Jan. 14 — Authorizing the removal of the speed limitation at crossing of Pro-
vincial Highway No. 29 and the C.P.R. at Mileage 10.28 Trois-
Rivieres Subd., P.Q.
96849 Jan. 14 — Authorizing the Newfoundland Dept. of Highways to construct the
highway over the C.N.R. near Tickle Harbour, Mileage 80.57 St.
John's Subd.
96850 Jan. 14 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and Cecil Swale Telephone System.
96851 Jan. 14 — Amending Order No. 95596 which authorized the C.P.R. to install
automatic protection at crossing of its railway and the junction of
Highways Nos. 9 and 10 at Barkers Point, N.B., Mileage 0.43 Minto
Subd.
96852 Jan. 14 — Authorizing the C.P.R. to construct a private siding to serve Globe-
lite Batteries Limited, across Saskatchewan Ave. in St. James, Man.
96853 Jan. 15 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 29.26 Teeswater Subd., Ont.
96854 Jan. 15 — Authorizing the C.N.R. to use and operate the bridge at Mileage 11.8
Tete Jaune Subd., B.C.
96855 Jan. 16 — Authorizing the B.C. Department of Highways to construct the
highway over the C.P.R. at Mileage 121.80 Shuswap Subd., B.C.
96856 Jan. 16 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of its railway and Highway No. 45
west of Villemontel, P.Q., Mileage 57.08 Amos Subd.
96857 Jan. 16 — Extending the time within which the C.N.R. is required to install
automatic protection and special circuits at the crossing of their
railway and Highway No. 25 at St. Valier, P.Q., Mileage 91.41
Montmagny Subd.
96858 Jan. 16 — In the matter of improved protection at the crossing of Provincial
Highway No. 85 and the C.N.R. about two miles south of St. Jacobs,
Ont., Mileage 5.83 Waterloo Subd.
96859 Jan. 16 — Extending the time within which the C.N.R. is required to install
flashing light signals, etc. at crossing of its railway and Highway
No. 5 at Mileage 19.8 Danville Subd., P.Q.
96860 Jan. 16 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Department des Terres
Forets, L'Annonciation, P.Q.
96861 Jan. 16 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
96862 Jan. 16 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Balgonie, Sask.
96863 Jan. 16 — Authorizing the C.N.R. to remove the station building and erect a
freight and passenger shelter at Isle Pierre, B.C.
96864 Jan. 16 — Authorizing the Trans-Northern Pipe Line Company to change the
location of its company pipe line where it crosses Burlington St.,
Hamilton, Ont., as shown on plan filed with the Board.
96865 Jan. 16— Approving Telephone Toll Tariff C.T.C. No. 5 filed with the Board
by the Nipissing Central Railway Company.
96866 Jan. 16 — Authorizing the Rural Munic. of Eriksdale to construct the highway
over the C.N.R. at Mileage 86.2 Oak Point Subd., Eriksdale, Man.
96867 Jan. 19 — Authorizing the removal of the speed limitation at crossing of the
highway and the Quebec Central Railway north of Coleraine, P.Q.,
Mileage 58.97 Quebec Subd.
553
96868 Jan. 19 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 1 and Long Hill Siding near St. George, N.B., Mileage
45.4 Shore Line Subd., C.P.R.
96869 Jan. 19— Authorizing the Ontario Department of Highways to construct High-
way No. 401 over the Grand River Railway by means of an overhead
bridge at Mileage 1.91 Hespeler Subd.
96870 Jan. 19 — Authorizing the Algoma Central and Hudson Bay Railway Company
to operate its trains under the overhead bridge carrying Highway
No. 17 across its right of way at Mileage 21.13 Michipicoten Subd.
96871 Jan. 19 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and La Cie de Telephone de L'Avenir.
96872 Jan. 19 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Leeds and Frontenac
Rural Telephone Company Limited.
96873 Jan. 19 — Authorizing the removal of the speed limitation at crossing of
Jackson's Park Road and the C.N.R. in Peterboro, Ont., Mileage 64.86
Campbellford Subd.
96874 Jan. 19 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Wolford Rural Tele-
phone Company Limited.
96875 Jan. 19 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de Piopolis.
96876 Jan. 19 — Approving proposed flammablee liquid bulk storage facilities of
British American Oil Company Limited at North Battleford, Sask.,
Mileage 81.5 Langham Subd.
96877 Jan. 19 — Approving application of the C.P.R. to relocate its main line in the
Town of Grand Falls, N.B., across Broadway, Front and Conway
Streets.
96879 Jan. 19 — Authorizing the C.N.R. to use and operate the bridge over Archibald
St., St. Boniface, Man., Winnipeg Terminals, Mileage 127.2 Minaki
Subd.
96880 Jan. 19 — Approving flammable liquid bulk storage facilities of Standard Oil
Company of British Columbia Limited, at Trail, B.C., Mileage 16.42
Rossland Subd.
96881 Jan. 19 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 11 and the C.N.R. west of Driftwood, Ont., Mileage
17.47 Kapuskasing Subd.
96882 Jan. 19 — Authorizing the C.N.R. to construct suitable approaches to the road
diversion which was authorized at Mileage 97.8 Touchwood Subd,
Sask.
96883 Jan. 19 — Authorizing the Tov/hship of Moulton, Ont., to improve the grades
of approach and sight lines at crossing of Birds Road and the C.N.R.
at Strommess, Ont., Mileage 32.61 Dunnville Subd.
96884 Jan. 19 — Authorizing the C.N.R. to construct one additional track across the
highway between Sections 23 and 24, at Rivers, Man.,
96885 Jan. 20 — In the matter of application of North-West Line Elevators Assoc.,
and others, in regard to rates on grain screenings and dockage.
96886 Jan. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Missisquoi Road (Prov. Highway No. 40A) at Iber-
ville, P.Q., Mileage 18.79 Adirondack Subd.
96887 Jan. 20 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Pointe au Chene, P.Q., Mileage 66.67
Lachute Subd.
96888 Jan. 20 — Authorizing the C.N.R. to operate over the lift span of the Victoria
Bridge crossing the St. Lawrence River between Montreal and St.
Lambert, P.Q., as a fixed span.
96889 Jan. 20 — Granting a licence to Northern Transportation Company Limited
allowing certain ships to transport goods by water between all ports
and places in Canada in the areas designated.
96890 Jan. 20 — Authorizing the C.N.R. to construct a bridge over the creek at
Mileage 27.1 Cowichan Subd., B.C.
554
96891 Jan. 20 — Approving tolls published in tariffs filed by the Cumberland Railway
and Coal Company under section 8 of the Maritime Freight Rates
Act.
96892 Jan. 20 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
96893 Jan. 20 — Authorizing the Town of St. Hubert, P.Q., to construct a pedestrian
public crossing over the C.N.R. opposite Alexander St. in the Parish
of St. Hubert, Co. of Chambly, P.Q., Mileage 8.3 Granby Subd.
96894 Jan. 20 — Authorizing the B.C. Dept. of Highways to construct Ware Road over
the Esquimalt and Nanaimo Railway Co. at Mileage 81.10 Victoria
Subd.
96895 Jan. 20 — Authorizing the C.P.R. to remove the caretaker at Pickerel, Ont.,
Mileage 79.4 Parry Sound Subd.
96896 Jan. 20 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at St. Maurice, P.Q.
96897 Jan. 20 — Authorizing the C.P.R. to remove the station agent at Bruchesi, P.Q.
96898 Jan. 20 — Authorizing the Ontario Department of Highways to construct High-
way No. 401 over the Grand River Railway by means of an overhead
bridge at Mileage 5.1 "Waterloo Subd., Twp. of Waterloo.
96899 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 27.71 Wynyard Subd., Sask.
96900 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
Roosevelt Avenue and the C.P.R., in Ottawa, Ont., Mileage 1.96
Carleton Place Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
9Cf)e IBoarb of
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, MARCH 2, 1959 No. 23
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of British Columbia Telephone Company,
dated the 15th of September, 1958 for an Order under Section 380 and
all other relevant Sections of the Railway Act, approving, to be effective
at the earliest possible date, revisions of certain message toll and
exchange service tariffs:
File No. 32560.46
Heard at Vancouver, December 8, 9, and 10, 1958.
Before:
C. D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
Appearances:
J. D. TaGoART, for British Columbia Telephone Company.
C. W. Brazier, Q.C., and A. J. F. Johnson, for Government of the
Province of British Columbia, Union of British Columbia
Municipalities:
Cities: Alberni, Chilliwack, Courtenay, Cranbrook,
Duncan, Fernie, Grand Forks, Greenwood, Kamloops, Kaslo,
Kimberley, Langley, Nanaimo, Nelson, New Westminster,
North Vancouver, Port Alberni, Port Coquitlam, Port Moody,
Rossland, Slocan, Trail, Vancouver, Victoria and White Rock.
Districts: Burnaby, Central Saanich, Chilliwack, Coquit-
lam, Delta, Esquimau, Fraser Mills, Kent, Kitimat, Langley,
Maple Ridge, Matsqui, Mission, North Cowichan, North Van-
couver, Pitt Meadows, Richmond, Saanich, Salmon Arm,
Sumas, Surrey, Tadanac and West Vancouver.
Towns: Mission City and Quesnel.
Villages: Abbotsford, Burns Lake, Castlegar, Chapman
Camp, Comox, Creston, Cumberland, Fort St. James, Fruitvale,
Gibsons Landing, Harrison Hot Springs, Hazelton, Hope,
Invermere, Kinnaird, Ladysmith, Lake Cowichan, Lytton,
Marysville, Merritt, Montrose, New Denver, North Kamloops,
Parksville, Princeton, Qualicum Beach, Salmo, Sechelt, Silver-
ton, Smithers, Squamish, Telkwa, Terrace, Ucluelet, Vander-
hoof, Warfield and Williams Lake.
555
68362-3—1
INDEX
Page
1 . OUTLINE OF APPLICATION 557
2. OPPOSITION TO THE APPLICATION 557
3. MAIN POINTS IN ISSUE 558
4. OTHER POINTS IN ISSUE 560
5. REVENUE DEFICIENCY 560
6. INCREASES AUTHORIZED 562
(a) Distribution of Revenue Deficiency as Adjusted 562
(b) Toll Service Rates 562
(c) Local Exchange Rates 563
(d) Reasonableness of Authorized Rates and Charges 564
ORDER 564
APPENDIX 565
December 24, 1958.
556
557
JUDGMENT
By the Board:
1. OUTLINE OF THE APPLICATION
This is an application by British Columbia Telephone Company (herein
sometimes referred to as "the Applicant" or "the Company") for an Order
under Section 380 and all other relevant sections of the Railway Act, approving,
to be effective at the earliest possible date, revisions of certain message toll
and exchange service tariffs, all as set forth in Schedules II-A and II-B to the
application dated September 15, 1958. The proposed tariffs, if they had been
in effect for a full year, would have yielded increased revenues of approxi-
mately $5,754,000.
The Applicant's reasons for seeking increased rates may be summarized as
follows:
(a) Order in Council P.C. 1958-602 had directed the Board that "...
as a principle of rate making policy, credits to tax equalization
reserves shall not be regarded as necessary expenses or requirements
in determining rates and charges."
(b) The Applicant had given careful consideration to the problems raised
by this Order in Council and had concluded that it was in the
interests of both the Applicant and its subscribers that, commencing
with the year 1958, it should claim as capital cost allowance for
income tax purposes the amount charged in the Company's books for
depreciation.
(c) The revenues derived from the present tolls and charges would not
permit the Applicant to implement this decision regarding income tax
and at the same time provide for an adequate annual addition to its
surplus which would maintain the credit of the Applicant and assist
in attracting the capital required to support a continuance of its
programme of improvement and expansion.
2. OPPOSITION TO THE APPLICATION
Mr. C. W. Brazier appeared on behalf of a number of interested parties
(hereinafter referred to as "the Respondents") and these included the Govern-
ment of the Province of British Columbia, the Union of British Columbia
Municipalities, the Corporations of twenty-five cities, twenty-three districts,
two towns and thirty-seven villages, in all of which the Applicant is authorized
to operate a telephone system.
On behalf of the Respondents it was contended that no increases in the
present tolls and charges were necessary for the following reasons:
(a) The present tolls and charges were just and reasonable.
(b) There were no changed conditions or costs since the previous increase
in rates had gone into effect which would justify any further increase
at this time.
(c) The Applicant's proposal in respect to the payment of income tax was
not in the interest of the Applicant and its subscribers.
(d) If the Applicant adopted the proposed procedure in respect to pay-
ment of income tax, this would be contrary to the directions and/or
the intent of the directions given to the Board by Orders-in-Council
P.C. 1958-601 and P.C. 1958-602, dated April 29, 1958.
(e) It was within the power of the Applicant to permanently reduce the
amount of income taxes which it was required to pay through claiming
maximum capital cost allowance for income tax purposes and the
Applicant's subscribers were entitled to the benefit of such tax saving.
68362-3—2
558
(f) In the alternative, if it were in the interest of the Applicant and of
its subscribers to adopt the income tax procedure described in the
application, no increase in tolls or charges should take place until the
provision for "income taxes deferred" amounting to $6,971,588 at
December 31, 1957, had been used, on the grounds that this amount
would not otherwise be required for the payment of income tax.
(gf) The proposed rate revisions were inequitably apportioned between
message toll calls and charges for local exchange service.
(h) In the event of the Applicant being permitted to make the proposed
change in the method of paying income tax the surplus of $1,500,000
allowed by the Board's Judgment of July 18, 1958, was excessive and
the $400,000 allowed by the same Judgment for share issue expenses
should be disallowed for rate making purposes.
3. MAIN POINT IN ISSUE
The main point in issue was the change in the Company's policy in respect
to the claiming of capital cost allowance for income tax purposes. In the Board's
Judgment of October 10, 1958, concerning an application of the Bell Telephone
Company of Canada, changes in income tax legislation in recent years were
summarized as follows:
"For many years prior to 1949, Canadian corporations were permitted
to claim depreciation for income tax purposes calculated on the 'straight
line' principle. In 1949 a new Canadian Income Tax Act and Regulations
came into effect, under which the amount of 'capital cost allowance' that
might be claimed for income tax purposes was computed on what is known
as the 'diminishing value' basis. In general the amount of capital cost
allowance that could be claimed in any year was limited to the amount of
depreciation actually charged in a company's books during that year. Sub-
ject to this limitation, however, the amounts that could be claimed in the
early years following the acquisition of an asset were often approximately
double those which would have been allowed on the straight line basis,
with correspondingly lower amounts in the later years. Effective January 1,
1954, the Income Tax Regulations were again changed, and since that date
it has been possible to claim capital cost allowance for income tax purposes
without regard to the amounts charged as depreciation in a company's
own records.
"In spite of the opportunities for immediate reductions in tax available
under the new Act which came into effect in 1949, many large corporations
appeared to feel that the advantages of any immediate tax saving were
more than offset by the disadvantages of recording in their books deprecia-
tion which, in the light of their previous adherence to straight line methods
appeared excessive. Under the change in legislation which became effective
in 1954, however, it became possible for a company to maintain its former
accounting procedures and policies while concurrently paying a lesser
amount of income tax. The immediate reduction in tax is generally regarded
as an interest-free loan the value of which, to a considerable extent, depends
on the individual company's need at the time for additional funds. The
Income Tax Regulations presently in effect offer a wide choice as to when
capital cost allowance may be claimed and it falls to management to
determine, within the limits prescribed by the Income Tax Regulations,
what policy may be best for the company and how much should be claimed
in any particular year."
559
For accounting purposes the Applicant has followed a consistent practice
of charging depreciation in its records on a straight line basis. Prior to 1949,
insofar as it was permitted to do so, the Company claimed for income tax pur-
poses the same amounts as were charged in its records for depreciation and,
notwithstanding the new Canadian Income Tax Act and Regulations, this policy
was continued until the end of 1953. Commencing January 1, 1954, however,
the Company took advantage of the change in the Income Tax Regulations and
claimed the maximum capital cost allowance for income tax purposes. From
1954 to 1957, the tax reductions resulting from this action were credited to
"income taxes deferred", and as at December 31, 1957, the total of such credits
amounted to $6,971,588.
In the light of the directions contained in Order-in-Council P.C. 1958-602,
the Company found it necessary to reconsider the change in policy effected in
1954, and in the course of the hearings in May and June 1958 the Board was
asked to give direction to the Company on the questions which emerged from
the Order-in-Council. As the application of the Bell Telephone Company, then
pending, involved similar questions of principle the Board deferred decision on
the matter so that it might have the benefit of the evidence in the Bell case.
In the meantime, the Company decided to revert to its former practice of
claiming for income tax purposes capital cost allowance equal to the amounts
of depreciation charged on the Company's books. All possibilities had been
carefully considered and, although the change would result in substantially
greater amounts of income tax being currently payable, the conclusion had
been reached that this was the only practicable alternative. The Company's
decision was based on the advice of its accounting advisers, and also on the
advice of its financial advisers.
The requirements for additional capital during 1959 were estimated at
$39,000,000 and, as the debt ratio had recently increased to 52 per cent, it was
believed that a considerable portion of the capital raised in 1959 would have
to be in the form of equity capital. A financial witness called by the Company
testified that institutional investors, whose support in marketing new issues
of the Company's securities must be heavily relied on, were of the firm opinion
that the Company had no alternative but to claim capital cost allowance for
income tax purposes equal to the charges for depreciation on the straight line
basis and to pay taxes accordingly. Whether or not the Company followed
this practice the institutional investors would make this calculation and rate
the Company's securities accordingly. The additional earnings which the
Company expected to result from the increases in rates requested were the
minimum considered necessary for a high rating of the Company's securities
to be maintained.
The Respondents did not agree with these contentions, holding on the
contrary that the subscribers were entitled to the benefit of the immediate tax
reductions possible through the claiming of maximum capital cost allowance.
In their view, this would not adversely affect the ability of the Company to
raise equity capital. Further, the amount in the income taxes deferred account
should be considered as surplus and on this basis the $1,500,000 allowed by
the Board as a reasonable permissive annual surplus should be reduced
accordingly.
The Company's ability to finance its construction programme is important
not only to the Company but to the subscribers, and due weight must be given
to the views of the institutional investors. No witnesses were called by the
560
Respondents in this connection. In the view of the Board, insofar as considera-
tion of income tax policy is concerned, there is no material difference between
the situation in this case and in the recent Bell Telephone Company of Canada
case, which was dealt with in the Board's Judgment of October 10, 1958. The
rate at which the Applicant's facilities are currently being expanded is pro-
portionately even greater than in the case of Bell and to that extent the
financing problem may be said to be even more urgent. The Board has carefully
reviewed the considerations which led the Company's management to change
the policy in respect to the claiming of capital cost allowances for income tax
purposes, and in the particular circumstances of this case it does not believe
that it should interfere with that decision.
Credits to income taxes deferred account represent income tax at the then
existing rates on the amounts by which capital cost allowance claimed for
income tax purposes exceeded depreciation charged in the Company's own
records. How the accumulated balance should be handled will depend on a
number of factors, but the Board does not believe that the amount should be
considered as surplus or that it is possible at this time to adjudicate on what
the final disposition of the balance should be.
4. OTHER POINTS IN ISSUE
Apart from the question of income tax policy and matters directly related
thereto, the principal points mentioned in the Respondents' reply to the
application dealt with the permissive annual surplus and the share issue
expense included in the Applicant's financial requirements as determined in the
Board's Judgment of July 18, 1958. These matters were fully dealt with in
that Judgment and no good purpose would be served by a further review at
this time. The principles on which these amounts were determined do not
appear to be affected in any way by the decision in respect to income tax
policy.
5. REVENUE DEFICIENCY
In the Board's Judgment of July 18, 1958, reference was made to the
problems involved in correctly determining the revenue deficiency of a company
while it is in the process of rapid growth, and the situation exists in this case
to a marked degree. The Applicant's rate of growth during the last five years
has been extremely rapid.
During the hearings the Company filed Exhibit 58-2-B4 containing the
Company's current estimate of the 1958 income statement based on actual
figures for the period January 1 to October 31, 1958, and on estimates for the
months of November and December. This showed that the Company's earlier
estimate of revenues for the balance of the year was being largely fulfilled,
but that expenses had fallen far short of the amounts estimated at the same
time. This reduction in expenses no doubt reflected the efforts made by the
Company commencing in May to postpone certain expenditures when it realized
that the customary dividend on the common shares might not be earned during
the year. In the Board's view these circumstances make it inappropriate to
use this Exhibit as a basis for determining revenue deficiency while, on the
other hand, Exhibits 58-2-B3 and B6 have the major defect, as a basis for
fixing rates, that they are prepared entirely on an estimated basis and are,
therefore, subject to the weaknesses inherent in estimates generally.
561
As previously mentioned, the decision to claim smaller amounts as capital
cost allowance results in considerably heavier income tax payments at this
time, but this is the only change justifying any increase in rates that appears
to have occurred in the Company's situation since the Board's Judgment of
July 18, 1958. The Board concluded that, in the circumstances, it would be
fairer both to the Company and to its subscribers to adopt the same basis for
determining the revenue deficiency as in the preceding case, of which this
case is in a sense an extension. On this basis the Board finds that additional
revenues of $5,225,000 are required at this time to enable the Company to
attain the level of earnings authorized in the Board's Judgment of July 18,
1958. The net income and revenue deficiencies, as determined by the Board,
are computed as follows:
Statement of Net Income Deficiency
Income deficiency as determined in Board's Judgment of July 18,
1958 (48 J.O.R. & R. 225, at p. 235) $1,267,000
Income taxes (line 13, Col. 1, Ex. 58-2-B2) 2,143,000
Net income deficiency (before increase in rates effective
Aug. 1, 1958) $3,410,000
Statement of Revenue Deficiency
Additional revenue required to provide additional net income of
$3,410,000 after deduction of related charges ($109,000) and
income taxes ($3,024,000) $6,543,000
Deduct: Additional revenue from increase in rates effective Aug. 1,
1958 1,318,000
Balance of revenue deficiency $5,225,000
It is recognized that the figures thus used as a basis for determining the
Company's revenue needs at this time do not take into account the fact that
wage rates were increased effective April 1, 1958. This same point was in issue
in the previous case decided by the Board on July 18, 1958. The Board confirms
the following language used in its Judgment of that date:
"In determining the Company's need for additional funds the Board
has used the Company's own estimate (Column 1 of Exhibit 58-E.5) of
what its actual revenues and expenditures would be during the year 1958
if no increase in rates were granted. The Board realizes that these figures
include wages at one level from January 1, 1958, to March 31, 1958, and at
an increased level from April 1, 1958, to December 31, 1958. The fact is,
however, that during the five years in which the rates authorized by the
Board's 1953 Judgment were in effect the Company, through increased
revenues, was from time to time able to grant increases in wages, and
between January 1, 1953, and December 31, 1957, the Company's accumu-
lated earned surplus increased from $628,577 to $3,728,982, notwithstanding
transfers to the Employees' Benefit Fund Reserve of $186,487, and to the
Reserve for Fire Loss, Accidents and Contingencies of $200,000." (48
J.O.R. & R. 225, at 231)
68362-3—3
(a) Distribution of revenue deficiency as adjusted
The Company, by its application, claimed a revenue deficiency of $5,754,000
which it sought to recover by increasing local service rates sufficiently to obtain
increased revenue therefrom of $5,031,000 or approximately 87 per cent of the
total claimed deficiency. It also proposed rate increases for long distance services
designed to produce additional revenue of $723,000, or 13 per cent of the claimed
deficiency. From a revenue standpoint the local service would bear about an
18 per cent increase and long distance 5 per cent.
Having determined that the claimed deficiency should be reduced it is
necessary to revise the proposed rates to reflect a total deficiency recovery of
$5,225,000.
We are of the opinion that the circumstances justify allowing the Company
to establish rates for long distance service on the basis set out in the application
and to apply the reduction in deficiency to the modification of rates for local
exchange service. Such an adjustment should yield to the Company a revenue
increase in local service of approximately 16 per cent and 5 per cent in long
distance service.
The adjusted rates, as above indicated, should yield to the Company an
overall revenue increase of 12 per cent in lieu of the 13 per cent sought.
This case, following so closely upon that heard and decided earlier this
year, requires no detailed statement of the reasons for adopting the pattern of
rates involved. We will, however, discuss in the following portion of this
Judgment the nature and extent of objections we have heard and the changes
which occur as to certain phases of the Company's operations.
(b) Toll Service Rates
The rates we are authorizing here are those which the Company initially I
proposed in the application made prior to the amended application of May 16,
1958. As in the scale of rates previously approved by us the new rates impose
an increase of 5c on each mileage block for station-to-station calling for dis-
tances over 26 miles and 5 and 10c in person-to-person calling.
Counsel for Respondents suggests that if any increase is allowed in the
Company's rates that long distance service be called upon to bear the greater
part of the burden.
In the earlier Judgment we commented upon the merits of applying
increased rates to toll services and noted that since 1949 a proportionately
greater increase in revenue had been derived from exchange than from toll
service. We noted also that the then declining level of toll revenue was expected
to be a temporary condition and during the course of this present hearing it
was indicated that some improvement had been achieved.
Respondents' counsel asserted in argument that the Company bases its
exchange rates on a monopoly pricing system whereas toll rates are somewhat
competitive. We do not think this is an improper assertion but it fails to give
consideration to the practicalities of the matter.
We noted also in our earlier Judgment that
"There is no direct correlation between the levels of local exchange
and long distance rates. Long distance services are susceptible of com-
petitive influences which do not occur in local service, the latter, of course,
being the backbone of the total service provided by the Company from
which it must obtain a substantial part of its revenue." (48 J.O.R. & R-
225, at p. 236)
563
The Company asserts, and we think with reasonable cause, that its toll services
are subject to considerable fluctuation in patronage and that curtailment of
usage can involve a considerable reduction in revenue. As the scale of toll
charges is already at the peak of similar scales elsewhere any attempt to load
additional rate increases beyond those proposed by the Company can result in
loss of revenue greater than expected to be secured from the rate increase. We
would be loath to substitute our judgment as to how far this scale can be
increased for that of the Company's experienced management. We approve the
Company's proposed scale.
(c) Local exchange rates
The instant case differs from that dealt with earlier in the year to the
following extent:
1 . A new rate group is provided as Group No. 1 for exchanges which do
not provide continuous service.
2. Exchanges formerly in rate group 1 having continuous service are
transferred to rate group 2.
3. Rate group 2 is changed to apply to exchanges having 1 to 1,000
telephones.
4 Charges for various special equipment and services which were not
subjected to increase in the disposition of the earlier case are now
involved in the disposition of this application.
The rearrangement of group 1 recognizes the lesser value of service pro-
vided where non-continuous service is given. There are 18 exchanges in this
category and they are: Ahousat, Alexis Creek, Balfour, Bamfield, Chase, Clinton,
Forest Grove, Fort St. James, Greenwood, Lytton, Natal, 100 Mile House, Port
Renfrew, Rock Creek, Salmo, Slocan, Wells, and Yale. The change from Group 1
to Group 2 affects 31 exchanges, the names of which appear in the Appendix to
the Order pursuant to this Judgment.
No objections were made to this change and we consider it is an equitable
basis for exchange service charges. The rearrangement of the grouping for
these 31 exchanges will place them in a rate group of broad dimensions and
will effectively defer for some considerable time any up-grouping under the
present regulations applicable thereto.
Proposed charges for supplementary services and special equipment are
the same as were proposed in the earlier case. They involve a vast number of
pieces of equipment as well as numerous supplementary services. We have
given consideration to the rate changes involved insofar as we are able to do
so and in the absence of any complaint we are of the opinion that the Company
has justified the changes proposed. The right always exists for individual com-
plaint as to any alleged unreasonableness or unjust discrimination and we are
prepared to deal with such if required. Many of the increases are minor in
character and generally represent increased costs involved in the purchase and
maintenance of such equipment and the provision of the services.
The primary exchange service rates which we approve are set out in the
Appendix to the Order in this case. As noted in our earlier Judgment greater
increases are made for business than for residence. In general the pattern of
relationship between the different types of service is maintained.
The distribution of the rate increases on all local exchange services is the
result of careful study by company management and the adjusted rates reflect
the same. It is not our function to substitute our judgment for theirs unless
68362-3— 3£
564
some particular service is shown to be subjected to unreasonable or unjustly
discriminatory treatment. No evidence was adduced to this effect and in view
of the consideration we have briefly discussed herein we have concluded that
the rates and charges set out in the Order are to be authorized.
(d) Reasonableness of authorized rates and charges
We find that the rates and charges authorized herein are just and reasonable
and not unjustly discriminatory.
An Order will go, setting out the rates and charges allowed and authorizing
the same to become effective not earlier than January 1, 1959.
CLARENCE D. SHEPARD
F. M. MacPHERSON
Ottawa, December 24, 1958.
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA
ORDER NO. 96660
Wednesday, the 24th day of December, A. D. 1958
Clarence D. Shepard, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
In the matter of the application of the British Columbia Telephone Company,
hereinafter called the "Applicant", dated the 15th September, 1958, for
an Order under section 380 and all other relevant sections of the Railway
Act, approving revisions of certain message toll and exchange service
tariffs:
File No. 32560.46
Upon hearing the application at sittings of the Board held at Vancouver on
December 8, 9 and 10, 1958, in the presence of Counsel for the Applicant, and
Counsel for the Government of the Province of British Columbia, the Union of
British Columbia Municipalities, the City of Vancouver and other cities, districts
and villages set forth in the Judgment herein dated the 24th December, 1958 —
It is ordered that the Applicant may publish and file revised tariff schedules,
to be effective not earlier than January 1, 1959, adjusting rates and charges in
the Applicant's tariffs to the extent specified in the Appendix to this Order.
It is further ordered that the provisions of Rules 3 and 6 of General Order
No. 658 are hereby waived.
CLARENCE D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
565
APPENDIX
TO
ORDER No. 96660
Changes authorized in rates and charges of the British Columbia Telephone
Company by reference to Schedules 11-A and 11-B of the application and to
the tariff provisions affected.
1. LONG DISTANCE MESSAGE TOLL SERVICE:
(Schedule 11-A) (Tariff CTC No. 32, Item 15)
SCHEDULE OF CHARGES — Points in British Columbia and between British
Columbia and Alberta.
DAY (EXCEPT SUNDAY)
Mileage
From To
Initial 3
Station
to
Station
minutes
Person
to
Person
Each
additional
minute
NIGHT AND SUNDAY
Initial 3
Station
to
Station
(Rates in cents)
minutes
Person Each
to additional
Person minute
0-
6
10
25
05
10
25
05
7-
10
15
30
05
15
30
05
11-
14
20
35
05
20
35
05
15-
18
25
40
05
25
40
05
19-
22
30
45
10
30
45
10
23-
26
35
50
10
35
50
10
27-
30
45
65
15
35
50
10
31-
35
50
75
15
35
55
10
36-
40
55
80
15
40
60
10
41-
45
60
90
20
45
65
15
46-
50
65
95
20
50
70
15
51-
55
70
105
20
50
80
15
56-
61
75
110
25
55
85
15
62-
67
80
120
25
60
90
20
68-
73
85
125
25
65
95
20
74-
79
90
135
30
65
100
20
80-
85
95
140
30
70
105
20
86-
93
100
150
30
75
110
25
94-
101
105
155
35
80
115
25
102-
109
110
165
35
80
125
25
110-
117
115
170
35
85
130
25
118-
125
120
180
40
90
135
30
126-
135
125
185
40
95
140
30
136-
145
130
195
40
95
145
30
146-
155
135
200
45
100
150
30
156-
165
140
210
45
105
155
35
166-
175
145
215
45
110
160
35
176-
189
150
225
50
110
170
35
190-
203
155
230
50
115
175
35
204-
217
160
240
50
120
180
40
218-
231
165
245
55
125
185
40
232-
245
170
255
55
125
190
40
246-
263
175
260
55
130
195
40
264-
281
180
270
60
135
200
45
282-
299
185
275
60
140
205
45
300-
317
190
285
60
140
215
45
318-
335
195
290
65
145
220
45
566
1. LONG DISTANCE MESSAGE TOLL SERVICE — (Continued)
SCHEDULE OF CHARGES — ( Continued)
DAY (EXCEPT SUNDAY)
NIGHT AND SUNDAY
lnillCLL 0
minutes
Initial 3
minutes
Mileage
Station
Person
Each
Station
Person
Each
From To
to
LO
additional
to
TO
additional
Station
Person
minute
Station
Person
(Rates in cents)
63o- ooy
zuu
OUU
65
150
99^
ZZO
ou
00U- 000
205
305
65
155
230
50
OO A A f\H
oo4- 40 /
91 n
Z 1U
^1 ^
70
155
ZoO
OU
408- 431
70
160
94fi
z*±u
^n
ou
'iOA- 4400
990
IK)
00U
70
165
ZrtO
OO
ARR AQ^
4tOO- tou
99^
GO J
75
170
ZOU
OO
AQft ^1
4toO- 010
9<?n
^4^
75
170
ZOU
OO
R 1 ft
010- o^to
9^
?Sn
75
175
9fi^
ZOO
OO
^dft ^7^
0*iO— DID
94n
Z^U
ODD
80
180
97fi
z / u
fin
DU
S7fi- RO^
94^
80
185
97^
Z / D
fin
DU
finfi- fid.^
DUD— D'iO
9^0
^7^
80
185
9sn
fin
DU
RAR ftQ!^
D^tD- OoO
9^
OUU
85
190
98^
fin
DU
ftQft 79H
OoD- / Z0
85
195
9Q0
fi^
DO
79ft 7ft^
/ZD- /OD
98^
85
200
9Q^
fi^
OO
7ftft J?n^
/DO- oUO
97fl
z / u
90
200
oUO
OO
OUO- OOO
275
410
90
205
310
65
RRR Qf\K
odd- yuo
280
420
90
210
315
70
906- 955
285
425
95
215
320
70
956-1005
290
435
95
215
325
70
1006-1055
295
440
95
220
330
70
1056-1115
300
450
100
225
335
75
1116-1175
305
455
100
230
340
75
1176-1235
310
465
100
230
350
75
1236-1295
315
470
105
235
355
75
1296-1355
320
480
105
240
360
80
2. EXCHANGE SERVICES:
(Schedule 11-B) (Tariff CTC No. 33)
ITEM 60 — Exchange Rate Groups:
Amend Rate Groups 1 and 2 to read:
RATE GROUP STATION LIMITS
1 Exchanges without continuous service.
2 1 to 1,000 stations.
ITEM 65 — Classification of Exchanges:
Change the following exchanges from Rate Group 1 to Rate Group 2:
Ashcroft, Boston Bar, Bowen Island, Bowser, Bridge River Mines, Burns
Lake, Christina Lake, Gabriola Island, Golden, Gulf Islands, Hazelton,
Hornby Island, Houston, Invermere, Kaslo, Keremeos, Lillooet, Nakusp,
New Denver, Oyster Bay, Pender Harbour, Radium, Shalath, South
Slocan, Telkwa, Thetis Island, Tofino, Ucluelet, Vanderhoof, Westwold,
Youbou.
567
2. EXCHANGE SERVICES — ( Continued)
ITEM 70 — Exchange rales:
BUSINESS SERVICES
Rate Individual Measured
Group line service
Multi- P.B.X Trunks
party 1-way 2- way
(Rates in cents)
Semi-
public
daily
guarantee
1
625
390
795
930
20
2
675
440
845
980
21
3
760
480
950
1100
23
4
850
520
1060
1235
25
5
955
565
1195
1385
27
6
1075
610
1345
1560
29
7
1200
660
1500
1740
31
8
1320
790
710
1650
1925
34
9
1710
990
900
2125
2475
41
RESIDENCE SERVICES
Rate Group
Individual Two-party Multi-party P.B.X. Trunks
Line Line Line 2-way
(Rates in cents)
1
335
250
210
465
2
385
300
260
515
3
410
320
275
545
4
435
340
290
580
5
460
360
305
615
6
485
380
325
650
7
510
400
345
685
8
540
425
365
725
9
625
490
425
835
ITEM 85 — Call Answering Service:
B. (1) Switchboard Rates:
Less than 31 lines connected
31 to 50 lines connected
51 to 80 lines connected
Note: Rates apply to equipment in service. Future
installations will be custom-made and subject
to special charges.
(4) Extension Line and Key Rates:
Exchange rate groups
Each business extension line
Each residence extension line
Each key
Cents
per month
3750
4500
5000
1-5
165
100
45
6-9
200
125
45
568
2 EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 87 — Key Telephone Systems:
B. ( 1 ) Pick-up, Each station, for each line picked up . . 45
(2) Hold:
(a) Each line equipped for holding 60
(b) Each station equipped for holding 45
(3) Cut off of station:
(a) Each station equipped for manual cut off . . 40
(b) Each station equipped for exclusion:
(i) Manual cut off and automatic restoral 40
(ii) Automatic cut off and automatic
restoral 150
(4) Cut off bell, each station equipped for manual
cut off and restoral 40
(5) Intercommunication: Where the terminals of the
line are in the same building or on the con-
tinuous property of the subscriber,
Each intercommunicating circuit 150
(6) Signalling:
(a) Auxiliary signalling
Combined code and selective signalling
unit, for each key telephone system 70
(b) Intercommunication,
Automatic signalling one-way or two-
way, each circuit 60
(7) Signal control equipment:
(a) Key illumination, each instrument 90
(b) Signal control equipment:
For line signals (bells or lamps), each
line:
Non-continuous 125
Continuous 175
For busy signals, each line 125
For combined line and busy signals:
Each line 175
Common equipment 90
ITEM 90— Multi-Line Key Cabinet Service:
B. (1) Key Cabinets:
Three-line single sided cabinet 325
Three-line double sided cabinet 450
Six-line single sided cabinet 500
Six-line double sided cabinet 625
(2) Dialling and tripping unit 100
(3) Each common talking channel 150
ITEM 95 — Order Turret Service:
B. (1) Each four-position order turret 4250
Additional strip of 20 jacks, including lamp
signals 325
569
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 100 — Privale Branch Exchange Service — Business and
Residence:
B. (1) Manual Service:
(a) Magneto Switchboard, Wall Type 750
(b) Common Battery Switchboards:
(i) Cordless Type:
Capacity, 4 trunks and 10 local lines:
Type 33 1350
Type 37 1600
Capacity, 4 trunks and 16 local lines 1600
(ii) Cord Type — Non-multiple:
Types 550 or 551, per position,
Capacity, 10 trunks and 40 local lines 1950
Capacity, 15 trunks and 80 local lines 2750
Capacity, 15 trunks and over 80 local
lines 3250
Station line equipment, each 10 lines
or less in use No charge
Type 555, per position:
Capacity, 10 trunks and 40 local lines 2750
Capacity, 14 trunks and 60 local lines 3250
Capacity, 14 trunks and 120 local lines 3750
Station line equipment, each 10 lines
or less in use No charge
(iii) Cord Type — Multiple:
Per position:
Capacity, 30 trunks and 360 local lines 6950
Capacity, over 30 trunks or 360 local
lines Custom-made
and subject to
special charges.
(2) Automatic Service:
(a) Cordless Type Switchboards:
Capacity, 3 trunks and 9 local lines 2500
Capacity, 5 trunks and 20 local lines:
Type 20-B 5000
Type 22 6500
(b) Cord Type Switchboards:
(i) Manual Equipment:
Each non-multiple position 4250
Each multiple position 6950
(ii) Automatic equipment:
Each selector 450
Each connector 625
Each selector-connector 775
Each special connector 775
Each station line terminal 110
Each private line or tie trunk terminal:
For two-way selection 575
For one-way selection 400
For manual operation 200
68362-3—4 I
570
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 100 — Private Branch Exchange Service — Business and
Residence: (Concluded)
(4) Station Rates:
Exchange Rate Groups 1-5 6-9
Each station line, unrestricted or restricted to
local and incoming calls:
Business 260 300
Residence 170 210
Each station line, local calls only:
Business 150 150
Residence 120 120
C. (7) In common battery exchanges, where it is neces-
sary to utilize power from a local source to
operate the switchboard 500
Where common battery switchboards are installed
in magneto exchanges, the charge for a power unit
is 500
(8) If a magneto switchboard subscriber wishes a
power generator supply, the required power gen-
erator circuit shall be subject to individual line
mileage charges in addition to a charge of .... 500
When ringing power is provided by means of a
local converter unit the charge shall be 500
ITEM 105 — Private Branch Exchange Service — HOTEL:
B. (1) Manual Service:
(a) Magneto Service:
(a) Magneto Switchboard, Wall Type 750
(b) Common Battery Switchboards:
(i) Cordless Type:
Capacity, 4 trunks and 10 local
lines:
Type 33 1350
Type 37 1600
Capacity, 4 trunks and 16 local lines 1600
(ii) Cord Type — Non-multiple:
Types 550 or 551, per position:
Capacity, 10 trunks and 40 local
lines 1950
Capacity, 15 trunks and 80 local
lines 2750
Capacity, 15 trunks and over 80
local lines 3250
Type 555, per position:
Capacity, 10 trunks and 40 local
lines 2750
Capacity, 14 trunks and 60 local
lines 3250
Capacity, 14 trunks and 120 local
lines 3750
571
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 105 — Private Branch Exchange Service — HOTEL: (Concluded)
(iii) Cord Type — Multiple:
Per position,
Capacity, 30 trunks and 360 local
lines 6950
Capacity, over 30 trunks or 360
local lines Custom-made
and subject to
special charges.
(2) Station Rates: Exchange rate groups 1-5 6-9
Each station 100 125
ITEM 107 — Secretarial Answering Unit Service:
B. Each Secretarial Answering Unit is standard colour:
Six-line unit 450
Ten-line unit 650
Twenty-line unit 1000
Six-line unit with common audible signal 600
Ten-line unit with common audible signal 850
Twenty-line unit with common audible signal .... 1250
ITEM 110— Wiring Plans:
E. Detail of plans:
Plan 111 — Plan charge 45
Plan 112— Plan charge 65
Plan 113 — Plan charge:
For master station where associated with a P.B.X.
station line 215
For master station where associated with a central
office line 450
For each controlled station equipped with key . . 65
Plan 114:
(1) Plan charge 685
Additional charge for holding, if required . . 125
(2) Plan charge 915
Additional charge for holding, if required . . 125
Additional charge when the plan is associated
with a common battery central office line 235
Plan 115:
(1) Plan charge 730
Additional charge for each master station . . 125
(2) Plan charge 960
Additional charge for each master station . . 125
Additional charge when the plan is associated
with a common battery central office line 235
Plan 141. Plan charge:
For first master station where associated with a
P.B.X. station line 110
For first master station where associated with a
common battery central office line 345
For first master station where associated with a
magneto central office line 65
For each master station in excess of one 65
68362-3— 4i
572
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 110 — Wiring Plans — (Continued)
Plan 151. Plan charge:
For first master station where associated with a
P.B.X. station line 245
For first master station where associated with a
common battery central office line 480
For each master station in excess of one 125
For each controlled station equipped with key . . 65
Plan 161. Plan charge 45
Plan 162. Plan charge 145
Plan 163. Plan charge 65
Plan 221. Plan charge 65
Plan 231. Plan charge:
For first master station 290
For each master station in excess of one 100
Plan 232. Plan charge 290
Plan 241. Plan charge:
For first master station where associated with a
P.B.X. station line 125
For first master station where associated with a
common battery central office line 360
For first master station where associated with a
magneto central office line 80
For each master station in excess of one 80
For each controlled station equipped with key . . 65
Plan 251. Plan charge:
For master station where associated with a
P.B.X. station line 315
For master station where associated with a com-
mon battery central office line 550
For each controlled station equipped with key . . 80
Plan 252. Plan charge:
For first master station where associated with a
P.B.X. station line 315
For first master station where associated with a
common battery central office line 550
For each master station in excess of one 125
Plan 321. Plan charge 80
Plan 331. Plan charge:
For first master station 470
For each master station in excess of one 160
For each controlled station 80
Plan 341. Plan charge:
For first master station where associated with a
P.B.X. station line 170
For first master station where associated with a
common battery central office line 405
For first master station where associated with a
magneto central office line 125
For each master station in excess of one 125
For each controlled station equipped with key . . 80
573
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 110— Wiring Plans— (Concluded)
Plan 351. Plan charge:
For first master station where associated with a
P.B.X. station line 470
For first master station where associated with a
common battery central office line 705
For each master station in excess of one 160
For each controlled station equipped with key . . 80
Plan 421. Plan charge for each master station .... 125
Plan 431. Plan charge:
For first master station 540
For each master station in excess of one 160
For each controlled station 125
Plan 521. Plan charge for each master station .... 125
ITEM 145 — Extension Line Mileage:
B. (2) First one-quarter mile or fraction thereof 330
Each addition one-quarter mile or fraction thereof 100
(3) Where the terminals of the line are in separate
exchanges:
(a) Contiguous exchanges:
Each one-quarter mile or fraction thereof
between the central offices constituting
the terminals of that portion of the
circuit connecting the exchanges 150
Minimum charge 600
(b) Non-contiguous exchanges:
Each one-quarter mile or fraction thereof
between the toll offices 150
Minimum charge 600
C. (6) In certain special cases, private branch exchange
subscribers may be permitted to install, own and
maintain at their sole expense, the wire facilities
for private branch exchange off -premises stations:
Charge for such stations:
Exchange rate groups 1-5 6-9
Business 385 425
Hotel 225 250
ITEM 170 — Private Line Service — Full Period:
B. (1) (a) Terminals of the line in same building or on
continuous property. Per circuit 150
(b) Terminals of the line in different buildings
not on same continuous property:
First one-quarter mile or fraction thereof 330
Each additional one-quarter mile or frac-
tion thereof 100
(2) Station rentals:
Each terminal telephone 165
Each extension telephone 145
(3) Common Battery Signalling. Each private line . . 250
(5) Private Line Key Systems:
Each 10-line 2-position system 2500
Each 20-line 2-position system 3750
574
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 180 — Quotation Broadcast Service:
B. (1) Sending station equipment:
Miscellaneous equipment, including induction coil,
battery, coil and condenser 395
Each amplifier 750
(2) Receiving station equipment:
Double head receiver, standard length cord, plug
and jack each 115
Each amplifier 395
ITEM 190 — Semi-Public Telephone Service:
B. Booths, each 325
ITEM 195 — Toll Station Service: Minimum guarantee:
Business 700
Residence 350
ITEM 196 — Rural Connecting Systems:
B. (1) Where the rural connecting system connects
directly with the Company's toll facilities:
(a) Three jack connections, each assembly . . . 150
(b) Each telephone instrument 125
(2) Where the rural connecting system connects with
the Company's exchange facilities, each main
station:
Exchange rate group 1 100
2 105
3 110
4 120
5 125
6 130
7 135
8 145
9 175
Each telephone instrument furnished by Com-
pany— surcharge 125
C. (9) For connection with toll facilities, monthly
guarantee per connecting system 700
ITEM 200 — Foreign Central Office Service:
B. Mileage charge between normal and foreign central
office, for each one-quarter mile or fraction 125
ITEM 205 — Foreign Exchange Service:
B. (1) Between contiguous exchanges:
Each one-quarter mile or fraction 150
Minimum charge 600
(2) Between non-contiguous exchanges:
Each one-quarter mile or fraction 150
Minimum charge 600
575
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 220 — Toll Terminal Service:
B. Exchange Rate Groups 1-5 475
Exchange Rate Groups 6-8 700
Exchange Rate Group 9 1000
ITEM 223 — Auiomaiic Call Answering and Recording Equipment:
B. (1) Automatic answering equipment:
Each unit 1200
Each additional announcing tape 35
(2) Automatic answering and recording equipment:
Each unit 1800
Each additional announcing tape 35
Each foot control for transcribing messages . . . 100
C. (3) A non-recurring installation charge of 1000
ITEM 225 — Auxiliary Signals:
B. (1) Line signals:
(a) Operated by central office ringing power:
Each extension bell, ordinary 40
Each extension bell, loud 75
Each neon lamp with mounting 30
(b) Operated by commercial power:
Signal control equipment:
For intermittent signal 75
For sustained signal 85
Audible signal, howler, each 80
(c) Operated by battery power:
Signal control equipment, per line 100
Repeating coil 40
Battery 235
Lamp signal:
One lamp indicator 35
Two lamp indicator 50
Three lamp indicator 65
Cut-off key 45
(2) Visual busy signals:
Signal control equipment, per line 65
Battery 235
Lamp signal:
One lamp indicator 35
Two lamp indicator 50
Three lamp indicator 65
ITEM 227 — Dictation Recording Connector Equipment:
B. Dictation recording connector equipment, each unit . . 1700
Each special monophone handset 70
ITEM 230 — Directory Listings:
D. Rates for extra listings:
Exchange rate groups 1-5 6-9
Business 50 75
Residence 30 40
576
2. EXCHANGE SERVICES — (Continued)
Cents
per month
ITEM 235 — Extension Siaiion Service:
C. (1) and (2): —
Exchange rate groups 1-5 6-9
(a) Business main station 165 200
(b) PBX or PABX station (except as in (c)) 165 200
(c) PABX station restricted to local calls 145 145
(d) Residence main station 100 125
(e) Semi-Public station 165 200
(f) Private Line station 145 145
ITEM 240 — Miscellaneous Equipment:
B. (1) Buzzer system, complete 40
(2) Hand receiver, each 50
(7) PBX operator's additional head set 110
(9) Repeating coil for connecting a privately owned
grounded line with Company facilities 120
(11) Special telephone instruments (additional to basic
monthly rate for a standard type telephone
instrument) :
(a) Chest transmitter set with single head
receiver and control key:
Without holding feature 190
With holding feature 235
(b) Operator's head set with control key:
Without holding feature 235
With holding feature 275
(c) Multiple-line monophone (Type 47):
Equipped to pick up and hold two lines 200
Pick-up and hold on third line 100
Additional bells, each 40
Exclusion of extension station or cut off
of extra bell 35
(e) Two-line monophone:
Key equipped desk monophone (includ-
ing one bell per line) 80
Additional bells, each 40
(f) Acoustic monophone 270
(g) Weatherproof housing 125
(h) Loud-speaker monophone or loud speaker
adapter 575
(12) Transmitter cut-out switch, with monophone
instrument or as a foot switch 70
ITEM 245 — Portable Telephone Service:
Exchange Rate Groups 1-5 6-9
B. (1) First portable telephone extension with plus and
four indoor jacks
Business 235 270
Residence 170 195
Each additional portable instrument with plug
Business 175 210
Residence 110 135
577
2. EXCHANGE SERVICES — ( Concluded )
Cents
per month
ITEM 245 — Portable Telephone Service: (Concluded)
(2) Each portable instrument with plug
Business 175 210
Residence 110 135
Hotel PBX 110 135
Each PBX jack-ended station line
Business 75 75
Residence 75 75
Hotel PBX 75 75
ITEM 250 — Tie Trunk Service:
B. (1) Terminals of the line on same continuous prop-
erty: Per circuit 150
(2) Terminals of the line in different buildings not on
same continuous property:
First one-quarter mile or fraction thereof .... 385
Each additional one-quarter mile or fraction
thereof 125
(3) (a) Between contiguous exchanges:
Each one-quarter mile or fraction 150
Minimum charge 600
(b) Between non-contiguous exchanges:
Each one-quarter mile or fraction 150
Minimum charge 600
ITEM 255— Transfer of Calls:
B. (3) Residence Service 150
C. (4) When a subscriber moves from one exchange to
another, a transfer of call may be furnished,
if it is possible to do so, for the balance of the
current directory period at a special charge of 150
578
In the matter of the application of the Niagara, St. Catharines and Toronto
Railway Company (Canadian National Railways) for authority to dis-
continue passenger train service operating between Port Colborne and
Thorold, Ontario.
File: 35091
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Heard at:
St. Catharines, Ontario, on November 25, 1958.
Appearances:
J. W. G. Macdougall, Q.C., H. J. G. Pye and J. M. Duncan, for the
Canadian National Railways.
S. S. MacInnes, Q.C., for the Township of Thorold.
J. D. Watt, City Clerk, Welland.
John Downer, Councillor, Port Colborne.
Frank Ursachi, Councillor, Thorold Township.
W. H. Smith, Deputy Reeve, Port Colborne.
Paul E. Pietz, Reeve, Humberstone Township.
Mr. Perenack, Reeve, Crowland Township.
C. F. Jones, Alderman, St. Catharines.
JUDGMENT
Sylvestre, Deputy Chief Commissioner:
The Niagara, St. Catharines and Toronto Railway, hereinafter referred to
as the Railway Company, is a subsidiary of the Canadian National Railways.
The present application involves the proposed discontinuance of passenger
service between Port Colborne and Thorold, Ontario.
This service has been the subject of previous review by the Board within
recent years. In the year 1951 advice was received from the Railway Company
to the effect that the service was under active study as the result of serious
losses which were being incurred mainly because of depleted patronage.
In the intervening years since 1951 the Board has had occasion to investi-
gate several complaints from the railway patrons of this service. These com-
plaints arose as the result of periodic reductions in the frequency of the
service because of reduced carryings. By virtue of this interest the Board has
been kept currently informed with respect to the changes which have taken
place in this passenger service in recent years.
Following receipt of the preseent application the Board had the situation
investigated by its District Inspector. As a result of this investigation the case
was set down for hearing at St. Catharines on November 25, 1958.
Evidence adduced by Counsel for the Railway Company at the hearing
purported to show that all attempts made to effect economies within the frame-
work of this electric line operation failed to improve the financial position of
the Company.
It is of interest to note in this connection that prior to 1954, 18 round trips
were operated over this line on week days. This was reduced to 16 round trips
on December 5, 1954, to 11 round trips on July 2, 1956, and to five round
579
trips as of June 30, 1958. It is also significant that during this period the
number of passengers handled per year diminished from 350,903 in 1953 to
95,029 in 1957, the last complete year for which passenger carryings are
available.
Details with respect to the efforts made by the Company to reduce the
cost of operation were dealt with in evidence. Without burdening the record
with these details it is of interest to note that the out-of-pocket losses of the
Railway Company have been gradually increasing to the point where the
deficit incurred in this operation during the year 1957 is stated to have amounted
to over $50,000.
It was indicated that the passenger units now operating in this service are
between 25 and 30 years of age, maintenance costs are excessive and the
unsatisfactory financial position with respect to this operation precluded the
acquisition of modern equipment.
Reference was also made to the notice served by Ontario Hydro to the
effect that they are converting the electric current to 60 cycle from the present
25 cycle in this area. The Railway Company estimates that this change would
involve an expense to them of at least $25,000 immediately with a possibility
of an additional expenditure of approximately $100,000 over the next few years
if electric operation is to continue.
Because of these factors it was stated that railway management had reached
the conclusion that the only alternative was to apply for complete abandonment
of this rail passenger service.
It was proposed, however, in the event of the application succeeding, to
provide an alternative bus service scheduled to operate over highways which
more or less parallel the railway line over which the present service is operated.
In addition to providing local service in the sections where these buses hold
such permits, this operation would also be scheduled to provide suitable
connections with Canadian National Railway main line trains at Merritton.
Express traffic formerly handled by Niagara, St. Catharines and Toronto Rail-
way passenger trains has been handled by highway transport since the month
of April this year.
No change is contemplated under the present plan with respect to the
freight service apart from the proposed conversion to diesel electric operation.
Although attendance at the hearing did not indicate wide public interest,
several of the municipalities were represented. Counsel for the Township
of Thorold and the municipal representatives freely criticized recent managerial
policies of the Railway Company which resulted in drastically reducing the
frequency of service. It was stated that this action had discouraged the local
people from using the service.
In connection with the present proposal concern was expressed with
respect to small groups of people who would not find the bus service as con-
venient as the railway service; this because of the fact that the railway line
is in closer proximity to their point of departure or destination.
Persistent efforts were made at the hearing by those who opposed the
application to adduce full information with respect to the Railway Company's
■■proposal. This proved helpful to the Board in developing a complete picture of
;he situation with respect to the issues involved.
In this as in all other similar cases, the Board endeavours to look at all
ispects of the situation. Among other things this includes a review of the cost
)f operating the existing service; the volume of patronage over the years and
580
the potential savings which might accrue to the Railway Company. These
factors are of course weighed against the possible loss and inconvenience to the
travelling public in the event of the application succeeding.
An important factor, however, is the nature, volume and convenience of
the alternative means of transportation which will be available to the public
in the event of the service under consideration being abandoned.
As indicated at the hearing the applicant in this case is prepared to under-
take to provide a substitute bus service in the event of the application
succeeding. While this service may not be as convenient to some of the railway
patrons as the existing train service, it is evident that it will considerably
reduce the degree of inconvenience which might otherwise be suffered by the
travelling public in the area.
Therefore the issue in this case seems to resolve itself into the question
of whether the degree of inconvenience to the public, consequent upon this
changed method of operation, outweighs the potential savings which are avail-
able to the Company under the proposal.
Upon considering all the factors involved I am unable to find evidence of
sufficient loss and inconvenience to the public under this proposal to justify
declining the application and I am of the opinion that the application should be
approved.
The application is therefore granted and an order will go accordingly
stipulating that the change shall not take effect before 60 days after public
notice of the change.
A. SYLVESTRE.
Ottawa, January 7, 1959.
I concur:
H. B. CHASE.
581
ORDER No. 96824
In the matter of the application of the Niagara, St. Catharines and Toronto
Railway Company (Canadian National Railways) for authority to dis-
continue passenger train service operating between Port Colborne and
Thorold, Ontario:
File No. 35901
Friday, the 9th day of January, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sittings of the Board at St. Catharines,
Ontario, on November 25, 1958, in the presence of Counsel for the Canadian
National Railways and the Township of Thorold and representatives of the
Cities of Welland, Port Colborne and St. Catharines, and the Townships of
Thorold, Humberstone and Crowland, and upon consideration of the submissions
on file and for reasons outlined in Judgment herein dated January 7, 1959 —
It is hereby ordered as follows:
1. The Niagara, St. Catharines and Toronto Railway Company, (Canadian
National Railways), is authorized to wholly discontinue its passenger train
service at present provided over that part of its line of railway between Port
Colborne and Thorold, in the Province of Ontario.
2. The discontinuance authorized in paragraph numbered 1 hereof shall
not take effect before sixty days after public notice of such discontinuance
has been given by the Niagara, St. Catharines and Toronto Railway Company,
(Canadian National Railways); such notice to consist of one publication in
each daily newspaper, if any, published in the municipalities presently served
by the said Railway Company. In addition to the newspaper notices the said
Railway Company shall post in all ticket offices and stations on the said line the
following notice:
"All passenger train service at present provided by the Niagara, St.
Catharines and Toronto Railway Company (Canadian National Rail-
ways) between Port Colborne and Thorold, in the Province of Ontario,
and all intermediate points on the said line will be discontinued
effective March , 1959."
A copy of such notice shall be forwarded to the Director of Operation of
the Board.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
582
Application of American Cyanamid Company, New York, for a ruling with
respect to the application of distance commodity rates on fertilizer from
Port Robinson, Ontario, to the international boundary adjacent to Fort
Erie and Niagara Falls, Ontario.
File 27075.17
Oscar Swiedler, for Applicant.
J. W. G. Macdougall, Q.C., for Canadian National Railways.
John L. Davidson, Jr., for Wabash Railroad Company.
RULING
By the Board:
The American Cyanamid Company, New York, seeks a ruling of the Board
with respect to the application of distance or mileage commodity rates on
fertilizer from Port Robinson, Ontario, to the international boundary adjacent
to Fort Erie and Niagara Falls, Ontario, such distance rates being published in
Canadian National Railways' Tariff No. C.J. 24, C.T.C. No. E.1765, on behalf
of both the Canadian National Railways and the Wabash Railroad Company.
The applicant and the respondent railway companies have requested the Board
to determine the matter at issue upon the written submissions they have filed,
without the necessity of a public hearing.
Port Robinson, Fort Erie and Niagara Falls are agency stations served by
both the Canadian National Railways and the Wabash Railroad Company and
the distances between them are:
Port Robinson to Fort Erie: 23.5 miles; and
Port Robinson to Niagara Falls: 11.5 miles.
The international boundary is located 0.4 miles east of Fort Erie and 0.3 miles
east of Niagara Falls.
It is contended by the applicant that the distance rates published in Tariff
C.T.C. No. E.1765 apply to the international boundary and, in support of this
contention, it is submitted:
(a) That Tariff C.T.C. No. E.1765 is governed by Canadian National Rail-
ways Official Distance Table No. D.25-1, C.T.C. No. E.4034, which
publishes mileages to the international boundary adjacent to Fort
Erie and Niagara Falls;
(b) That specific application of the mileage rates in Tariff C.T.C. No. E.1765
to the international boundary is made by mere publication of distances
to such boundary in the governing Official Distance Table and the
publication of rates for such distances in Tariff C.T.C. No. E.1765; and
(c) That the switching limits of Fort Erie or Niagara Falls, Ontario, are
included within a four-mile radius from such stations; that such radius
includes the international boundary between Ontario and New York
State; and that any delivering point within the station switching area
is governed by the rate to the station.
The Canadian National Railways submit that the territorial application
of the distance rates in issue is described in the Tariff as "between stations";
that the term "stations" means a point where there are facilities for the
delivery, receipt or interchange of traffic, such as sidings, freight sheds and
employees, none of which would be available on the exact international
boundary; that the international boundary is not named as a station in the
Official Distance Table No. D.25-1; and that the mileage rates on fertilizer are
not applicable to a non-existent station on the international boundary.
583
The Wabash Railroad Company takes the position that Tariff C.T.C.
No. E.1765 cannot be used to determine a rate applying from Port Robinson,
Ontario, to the international boundary because such tariff shows on its title
page that it applies from stations on the Canadian National Railways or Wabash
Railroad Company in Canada to stations on the Canadian National Railways
and connecting lines in Eastern Canada. It points out that Rule 9 of the
tariff makes reference to Canadian Freight Association Tariff No. 28, C.T.C.
No. 620; that Rule 10 of Tariff C.T.C. No. 620 states that it is the official record
of freight stations; and that the international boundary is not shown therein
as a station on the lines of the Canadian National or the Wabash.
Although the stated purpose of this application is to secure the benefit
of combinations of rates over the international boundary adjacent to Fort
Erie and Niagara Falls, Ontario, which would be lower than existing published
through rates on fertilizer from Port Robinson, Ontario, to points in the United
States, the submissions with respect to this feature are not material to a
determination of the application of the distance rates at issue and no discussion
thereon appears necessary.
DESCRIPTION AND APPLICATION OF TARIFF PROVISIONS
Canadian National Railways' Tariff C.T.C. No. E.1765 publishes under
Column 1 of Section 3 a scale of distance rates, to be used in the absence of
lower specific rates, on shipments of fertilizer as described in the tariff. Such
distance rates are subject to the provisions of the General Rules and Conditions
governing the tariff; the Special Rules in Section 3 governing the application
of distance rates; and the Territorial Application of distance rates set out in
Section 3.
The Territorial Application of the distance rates clearly specifies that such
rates apply from Port Robinson, Ontario, to stations on the Canadian National
Railways in defined areas of Eastern Canada, or to stations on the Wabash
Railroad in Canada; no mention is made in the tariff of points other than
stations, although Rule 5 of the governing Official Distance Table, Canadian
National Railways Tariff C.T.C. No. E.4034, does refer to "other points not
named as stations herein", a matter which will be dealt with later in this
ruling.
Rule 9 of the General Rules and Conditions governing Tariff C.T.C.
No. E.1765 reads as follows: "Governed by Canadian Freight Association Tariff
No. 28, R. K. Watson, Agent, C.T.C. No. 620, C.N. Rys. No. D.26, as to prepay
requirements, changes in names of stations, additions and abandonment of
stations, restrictions as to non-acceptance or non-delivery of freight and changes
in station facilities." An examination of Canadian Freight Association Tariff
C.T.C. No. 620 discloses that it "constitutes the only official record of freight
stations .... on all lines of Railways in Canada (Armstrong, West Fort
William, Ont., and East thereof) . . . ." (Rule 10) and that the international
boundary adjacent to Fort Erie or Niagara Falls, Ontario, is not named therein
as a station on the lines of either the Canadian National Railways or the Wabash
Railroad Company.
In order to ascertain the distances to be used in computing the distance
rates published in Canadian National Railways Tariff C.T.C. No. E.1765, Rule 2
of the Special Rules in Section 3 refers to Canadian National Railways Official
Distance Table C.T.C. No. E.4034, but such Table does not list the international
boundary points adjacent to Fort Erie or Niagara Falls, Ontario, as stations.
There are, however, reference marks against Fort Erie and Niagara Falls
stations, the explanations of which state the distances and directions from such
stations to the Ontario-New York international boundary.
584
With respect to the matter of points not named as stations, Rule 5 of
Official Distance Table C.T.C. No. E.4034 reads as follows:
"5. — Traffic to or from Sidings. — In computing the distance governing
traffic handled under mileage rates to unloading or from loading sidings,
or to or from other points not named as stations herein, the mileage
published to or from the nearest station or point thereto shall be used.
(See exception).
Exception: When such published distance is a competitive distance
resulting from lower mileage of competing carrier, the distance to be
used, in the case of non-competitive traffic, shall be the normal mileage
via the line which carries the traffic.
(Issued in compliance with Rule 21(2) of the Board of Transport
Commissioners for Canada Tariff Circular No. 1)
For list of sidings and other points involved, and method of
determining nearest station, refer to lettered supplements to Official
List of Freight Stations, Canadian Freight Association Tariff No. 28,
R. K. Watson, Agent, C.T.C. No. 620, C.N. Rys. No. D.26."
The lettered supplements referred to in the last paragraph of Rule 5,
quoted above, were filed with this Board for information only and were
cancelled by 213th Revised Page 1 of Canadian Freight Association Tariff
C.T.C. No. 620, issued December 29, 1958 in order to clear records. However,
since the applicant has described certain specific shipments of fertilizer from
Port Robinson to points in the United States which were made prior to the
cancellation of supplements, it is necessary to deal with their provisions.
Before they were cancelled by 213th Revised Page 1, Supplements R, U,
V and W were in effect from September 22, 1953, August 26, 1955, June 4,
1956 and November 19, 1956, respectively. Supplement R contained a list of
Canadian National Railways junction points at which no facilities exist for
loading and unloading freight; and Supplements U, V and W contained lists
of Canadian National Railways points which are not recognized freight stations
but at which freight may be loaded or unloaded, subject to certain stated
conditions. None of these lettered supplements listed the international
boundary adjacent to Fort Erie or Niagara Falls, Ontario, either as a junction
point or as a point at which freight may be loaded or unloaded.
DISCUSSION AND CONCLUSIONS
The foregoinng description of the tariff provisions clearly demonstrates
that the distance rates on fertilizer published in Canadian National Railways
Tariff C.T.C. No. E.1765 are applicable only between stations; that the inter-
national boundary points adjacent to Fort Erie and Niagara Falls, Ontario, are
not listed as stations in the only official record of freight stations, Canadian
Freight Association Tariff C.T.C. No. 620; and that such international boundary
points are not included within the term "points" as used in Rule 5 of Canadian
National Railways Official Distance Table C.T.C. No. E.4034. The applicant's
contention that specific application of the mileage rates in Tariff C.T.C. No.
E.1765 to the international boundary is made by mere publication of distances
to such boundary in the governing Official Distance Table and the publication
of rates for such distances in Tariff C.T.C. No. E.1765 cannot be sustained since
it ignores the provisions governing the specific territorial application of the
distance rates set out in Section 3 of such Tariff.
With respect to the applicant's contentions that the switching limits of
Fort Erie or Niagara Falls, Ontario, are included within a four-mile radius from
such stations and that any delivering point within the station switching area
585
is governed by the rate to the station, it must be noted that the four-mile
radius applies only to interswitching, a service which is not involved in the
present application.
It is, however, the Board's view that a delivering point for carload freight
cannot be construed as including any point on a railway's lines which has
been selected by a shipper for his own purposes and must reasonably be inter-
preted to mean a point at which loading or unloading of freight may be
performed, or at which cars are interchanged with connecting carriers. The
international boundary points adjacent to the Fort Erie and Niagara Falls
stations lie in the middle of bridges upon which none of these operations are
or could, in fact, be carried out. Moreover, such international boundary points
are not designated in Section 3 of Canadian Freight Association Tariff C.T.C.
No. 620 as points at which traffic may be interchanged with other carriers.
The applicant, in effect, seeks to construe the provisions of Canadian
National Railways Tariff C.T.C. No. E.1765 as establishing proportional com-
modity rates on fertilizer from Port Robinson, Ontario, to the international
boundary points adjacent to Fort Erie and Niagara Falls. In the light of all
of the pertinent provisions of the tariff, and of the governing or complementary
tariffs referred to above, we can find no support for such a construction.
There is, of course, no barrier to the publication of proportional rates
specifically applicable to or from international boundary points on traffic moving
between Canada and the United States, but there is no statutory obligation
to do so, except in the case of class rates. Under the provisions of Section 332
of the Railway Act, class rate tariffs are required to specify class rates on a
mileage basis for all distances covered by a railway company. The respondent
railway companies appear to have complied with the statute by publishing
class rates to and from the boundary points in issue in Canadian National
Railways Tariff No. C. 100, C.T.C. No. E.4078.
RULING
Upon full consideration of all that has been alleged, we find, and so rule,
that the distance commodity rates on fertilizer published in Canadian National
Railways Tariff No. C.J. 24, C.T.C. No. E.1765, do not apply to the international
boundary points adjacent to Fort Erie and Niagara Falls, Ontario. This being
a ruling of the Board, no Order is necessary.
ROD KERR
F. M. MacPHERSON
L. J. KNOWLES
Monday, February 2, 1959.
586
ORDER No. 96955
In the matter of the application of Canadian Pacific Railway Company for Icq
licence under section 10 of the Transport Act:
File No. 42076.24
Tuesday, the 27th day of January, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 350 is issued to the Canadian Pacific Railway
Company for a period of one year commencing on the 15th day of January,
1959, licensing the following ships, namely:
Official Gross
Vessel Name Registry No. Tonnage
Assiniboia 125984 3,925
Keewatin 125985 3,856
to transport passengers and/or goods by water between all ports or places in
Canada on Lakes Huron (including Georgian Bay) and Superior, and their
connecting waters.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
587
ORDER No. 97090
In the matter of Order No. 92616, dated October 2, 1957;
And in the matter of application of the Canadian Pacific Railway Company
and the Canadian National Railways for an Order amending the said
Order which approved the terms and conditions respecting the carriage
by them by railway of highway semi-trailers, loaded or empty:
File No. 47439.7
Wednesday, the 11th day of February, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Upon consideration of the application and submissions filed —
It is hereby ordered as follows:
1. Order No. 92616, dated October 2, 1957, is rescinded.
2. The terms and conditions contained in Appendix "A" attached hereto
are approved in respect of the carriage by the Applicants of highway semi-
trailers loaded or empty.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
588
APPENDIX "A"
SPECIAL TERMS AND CONDITIONS RESPECTING CARRIAGE BY RAILWAY
OF HIGHWAY SEMI-TRAILERS, LOADED OR EMPTY
1. The carrier by rail (hereinafter called the "carrier") of any highway semi-
trailer shall not be liable for any loss, damage or delay to any semi-trailer or
contents thereof, except when such is caused by, or results from negligence on the
part of the carrier (and the burden of proving freedom from negligence shall be
on the carrier), provided, however, that in no event shall the liability of the carrier
exceed $10,000.00 in respect of any one semi-trailer and $40,000.00 in respect of its
contents, except that the liability of the carrier in respect to the contents of any one
highway semi-trailer consisting of household goods only shall be limited to $15,000.00.
2. The motor carrier (hereinafter called the "shipper") releases and agrees to
indemnify the carrier and hold it harmless from and against any and all loss, damage,
claims, actions, awards, costs or expense (including court costs and counsel fees)
suffered or incurred by the carrier for loss or damage to any semi-trailer or the
contents thereof except to the extent such is caused by, or results from negligence
on the part of the carrier.
3. The shipper releases and agrees to indemnify the carrier and hold it harmless
from and against any and all loss, damage, claims, actions, awards, costs or expense
(including court costs and counsel fees) covered by Section 1 hereof, suffered or
incurred by the carrier in excess of the limits set out in the said Section 1.
4. In the event of any loss or damage to any semi-trailer or contents thereof
caused by or resulting in any manner from the joint or concurring negligence of both
the shipper and the carrier, or their respective employees or agents, or where the
cause of such loss or damage is unknown and cannot be determined, such loss or
damage shall be borne equally by the shipper and the carrier; provided, however,
that in such event the liability of the carrier shall not exceed the limits set out in
Section 1 hereof in respect of any semi-trailer or the contents thereof; and provided
further that the carrier shall not be liable for concealed loss or damage to any
semi-trailer or the contents thereof.
5. Should a semi-trailer arrive at its rail destination in damaged condition or
with doors unlocked and seal thereon broken or canvas or tarpaulin cover loosened
or removed, the shipper undertakes to notify the carrier of such condition and prior
to the removal of the semi-trailer from the premises of the carrier shall provide an
opportunity for an inspection thereof by a representative of the carrier. The carrier
shall not be liable for, and the shipper releases and agrees to indemnify and hold
harmless the carrier from, any and all claims for loss or damage to the semi-
trailer or its contents in the event of the failure of the shipper to give such notice
and to provide such opportunity for inspection.
6. Notwithstanding the provisions of the preceding Sections and subject to the
limits set out in Section 1, the carrier shall be liable for loss resulting from theft
of contents of any van-type semi-trailer when locks and seals have been broken
or removed. The carrier shall not be liable for loss resulting from theft of contents
of any other type of semi-trailer.
7. Carriage of semi-trailers, loaded or empty, shall be in accordance with the
general conditions of carriage approved by the Board of Transport Commissioners
for Canada by General Order No. 41 of 15th July, 1909, amendments thereto and
reissues thereof and as published in current Canadian Freight Classification, in so
far as they are applicable and not inconsistent with these Special Terms and Condi-
tions, and where there is any such inconsistency these Special Terms and Conditions
shall govern.
589
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
DECEMBER, 1958.
Railway Accidents 208 Killed 12 Injured 236
Level Crossing Accidents ... 82 Killed 24 Injured 119
Total 290 36 355
Killed
Injured
74
3
155
33
126
Total
36
355
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Nova Scotia
— 1 Automobile struck by train. Licence: N.S. 263-89.
— 1 Automobile ran into side of train. Licence: N.S. 624-62.
1 — Automobile ran into side of train. Licence: N.S. C-57496.
New Brunswick
— 1 Pedestrian crossed through cars at crossing.
— 4 Auto truck struck by train. Licence: N.B. C-22010.
— 1 Automobile ran into side of train. Licence: N.B. 65383.
2 — Automobile struck by train. Licence: N.B. 23420.
Quebec
— 1 Automobile ran into side of train. Licence: Que. 283205.
— 2 Automobile struck by train. Licence: Que. 392-187.
1 — Auto truck struck by train. Licence: Que. FM-7970.
— 2 Automobile struck by train. Licence: Que. 439-593.
— 1 Automobile struck by train. Licence: Que. 671-050.
— 1 Auto truck ran into side of train. Licence: Que. L-10955.
— 1 Automobile struck by train. Licence: Que. T-14184.
— 1 Automobile ran into side of train. Licence: Que. FJ-1390.
2 — Automobile struck by train. Licence: Que. 656-954.
— 1 Automobile struck by train. Licence: Que. 547-996.
— 1 Automobile struck by train. Licence: Que. 458-074.
— 1 Automobile struck by train. Licence: Que. 311-665.
— 2 Automobile struck by train. Licence: Que. 336-389.
— 1 Auto truck ran into side of train. Licence: Que. LE-6552.
1 — Auto truck struck by train. Licence: Que. N-11003.
1 Automobile ran into side of train. Licence: Que. 213-133.
1 — Auto truck struck by train. Licence not given.
— 4 Auto truck struck by train. Licence: Que. FT-6674.
— 1 Automobile struck by train. Licence: Que. 218-973.
— 1 Auto truck struck by train. Licence: Que. N-30444.
1 — Automobile struck by train. Licence: Que. 478-881.
Ontario
1 Automobile struck by train. Licence: Ont. C-48253.
9 Auto truck struck by two autos and forced into side of train. Licences:
Ont. 4345-A; 16636-X; F-6989.
1 Automobile struck by train. Licence: Ont. 944-834.
1 Automobile ran into side of train. Licence: Ont. 682-032.
590
Killed Injured
- — 4 Automobile struck by train. Licence: Ont. F-42000.
— 1 Automobile struck by train. Licence: Ont. C-54812.
— 3 Automobile ran into side of train. Licence: Que. 121-195.
— 1 Auto truck ran into side of train. Licence: Ont. 26294-C.
— 2 Automobile struck by train. Licence: NY NR-4026.
— 1 Automobile struck by train. Licence: Ont. 934-471.
— 1 Caterpillar snowplow struck by train.
— 2 Automobile struck by train. Licence: Ont. 23369-X.
— 1 Automobile ran into side of train. Licence: Ont. C-53843.
— 4 Automobile ran into side of train. Licence: Ont. 50854-H.
— 1 Pedestrian struck by train.
— 1 Automobile ran into side of train. Licence: Ont. 256-265.
— 1 Automobile struck by train. Licence: Ont. 958-005.
— 7 Automobile struck by train. Licence: Ont. 146-969.
1 — Automobile ran into side of train. Licence: Ont. A-15111.
— 1 Automobile struck by train. Licence: Ont. C-56075.
— 1 Road Grader struck by train.
— 1 Auto truck struck by train. Licence: Ont. 50054-A.
— 3 Automobile struck by train. Licence: Ont. 287-746.
— 2 Automobile struck by train. Licence: Ont. B-97782.
4 1 Automobile struck by train. Licence: Ont. B-80091.
— 1 Automobile ran into side of train. Licence: Ont. B-9429.
— 2 Automobile struck by train. Licence: Ont. A-96604.
— 1 Track motor car struck by automobile. Licence: Ont. 665-052.
— 2 Auto truck struck by train. Licence: Ont. 35128-B.
— 1 Automobile struck by train. Licence: Ont. 682-560.
1 — Automobile ran into side of train. Licence: Ont. 529-466.
2 9 School Bus struck by train. Licence: Ont. 5759-A.
Manitoba
1 — Auto truck ran into side of train. Licence: Man. 69591.
— 2 Automobile ran into side of train. Licence: Man. 8-Y-788.
1 — Auto truck struck by train. Licence: Man. CT-166.
— 1 Automobile ran into side of train. Licence: Man. 8-X-898.
— 1 Auto truck ran into side of train. Licence: Man. T-1685.
Saskatchewan
— 1 Automobile struck by train. Licence: Sask. 199-906.
— 1 Auto truck struck by train. Licence: Sask. F-81513.
1 — Automobile ran into side of train. Licence: Sask. 147-497.
Alberta
— 1 Auto truck ran into side of train. Licence not given.
— 1 Auto truck struck by train. Licence: Alta. 259-504.
— 1 Auto truck ran into side of train. Licence: Alta. F-261-064.
— 1 Automobile struck by train. Licence: Alta. DN-153.
— 1 Automobile struck by train. Licence: Alta. FY-332.
— 1 Automobile struck by train. Licence: Alta. LL-931.
— 1 Auto truck ran into side of train. Licence: Alta. 117-263-X.
— 2 Automobile struck by train. Licence: Alta. LA-551.
— 1 Auto truck ran into side of train. Licence: Alta. X-13966.
— 2 Automobile ran into side of train. Licence: Alta. VA-657.
British Columbia
— 1 Automobile struck by train. Licence: B.C. 41255.
1 2 Automobile struck by train. Licence: B.C. C-9528.
— 1 Automobile struck by train. Licence: B.C. 217584.
3 — Automobile struck by train. Licence: B.C. 253-480.
Of the 82 accidents at highway crossings, 67 occurred at unprotected crossings,
15 at protected crossings, 46 occurred after sunrise and 36 after sunset.
Ottawa, Ontario, February 11, 1959.
591
SUMMARY OF ORDERS ISSUED BY THE BOARD
96901 Jan. 21 — Authorizing the C.N.R. to install automatic protection at the crossing
of its railway and Jefferson Boulevard, in the Twp. of Sandwich
East, Ont., Mileage 103 Chatham Subd.
96902 Jan. 21 — Authorizing the C.N.R. to construct its track across the unopened
road allowance between Sections 21 and 22, Twp. 45, Rge. 1 W.6M.,
Alta.
96903 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 5.26 Cornwall Subd., Ont.
96904 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
Marlborough St. and the C.P.R. in Cornwall, Ont., Mileage 26.87
Cornwall Subd.
96905 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 39.46 Parry Sound Subd.,
Ont.
96906 Jan. 21 — Authorizing the removal of the speed limitation at the crossing of
Davis Drive and the C.N.R. in Newmarket, Ont., Mileage 34.15
Newmarket Subd.
96907 Jan. 21 — Approving tolls published in tariffs filed by the C.P.R. under the
Maritime Freight Rates Act.
96908 Jan. 21 — Approving proposed flammable liquid bulk storage facilities of the
Preeceville Farmers' Co-operative Assoc. Limited, at Preeceville,
Sask.
96909 Jan. 22 — Approving proposed flammable liquid bulk storage facilities of
McColl-Frontenac Oil Company Limited, at Barrie, Ont.
96910 Jan. 22 — Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of 8th Street and its Railway in
Dawson Creek, B.C., Mileage 137.8 Grande Prairie Subd.
96911 Jan. 22 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at Roland, Man., Mileage 25.77 Miami Subd.
96912 Jan. 22 — Amending Order 93361 in the matter of temporary permit to Gibson
Petroleum Company Limited to load crude oil into tank cars from
tank trucks at Goodwater, Sask.
96913 Jan. 22 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Langham, Sask., Mileage 16.62 Langham
Subd.
96914 Jan. 22 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Monk Rural Telephone Company
Limited.
96915 Jan. 23— Authorizing the City of Brantford, Ont. to construct Newport Street
over the B.H. Spur of the Lake Erie and Northern Railway at Mileage
21.1 Port Dover to Gait Subd.
96916 Jan. 23 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 31 where it crosses the C.P.R. at Mileage 31.86 Snowflake Subd.,
Man.
96917 Jan. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Monnoir Road, Marieville (Rouville Co.) P.Q.,
Mileage 24.68 Granby Subd.
96918 Jan. 23 — Approving proposed flammable liquid bulk storage facilities of
Amurex Oil Company at Cessford, Alta., Mileage 46.0 Sheerness
Subd.
96919 Jan. 23 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Sixth Ave., Lachine, P.Q., Mileage 46.01 L'Assomption
Subd.
96920 Jan. 23 — Authorizing the removal of the speed limitation at crossing of 18th
Ave. and the C.N.R. in Lachine, P.Q., Mileage 7.16 Cornwall Subd.
592
96921 Jan. 23 — Authorizing the C.P.R. to remove the station building at Parker,
P.Q., Mileage 22.79 Waltham Subd.
96922 Jan. 23 — Dismissing application of the New York Central Railroad Company
for authority to discontinue as an agency its station at Muirkirk, Ont.
96923 Jan. 23 — Approving tariffs filed by British Columbia Telephone Company.
96924 Jan. 23 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
96925 Jan. 23 — Authorizing the removal of the speed limitation at the crossing of
St. James Street and the C.N.R. in Ville St. Pierre, P.Q., Mileage
47.30 L'Assomption Subd.
96926 Jan. 23 — Extending the time within which the C.P.R. is required to install
protection at the crossing of its railway and the highway at first
crossing north of the station at Lacadie, P.Q., Mileage 24.55 Adiron-
dack Subd.
96927 Jan. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Georges St., first crossing north of station at
Metabetchouan, P.Q., Mileage 73.75 Jonquiere Subd.
96928 Jan. 26 — Approving Supplementary Agreement between The Bell Telephone
Company of Canada and The Trans-Canada Telephone System.
96929 Jan. 26 — Approving application of the C.N.R. of less than standard clearance
on the private siding serving V. C. McCann at Hardwood Ridge,
N.B., Mileage 0.32 Minto Spur of the Chipman Subd.
96930 Jan. 26 — Authorizing the Township of Chinguacousy to improve the sight lines
at crossing of the highway and the C.N.R. at Mileage 32.66 Milton
Subd., Ont.
96931 Jan. 26 — Requiring the C.P.R. to install automatic protection at crossing of
its railway and the highway at Mileage 92.94 Ste. Agathe Subd.,
P.Q.
96932 Jan. 26 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under sections 3 and 8 of the Maritime Freight
Rates Act.
96933 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Sheppard Ave., at Agincourt, Ont., Mileage 96.47
Oshawa Subd.
96934 Jan. 26 — Authoriizng the removal of the speed limitation at the crossing of
the C.P.R. and Edmonton Trail, in the City of Calgary, Alta.,
Mileage 4.8 Red Deer Subd.
96935 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Ranges 5 and 6, being first public crossing north of
station at Defoy, P.Q., Mileage 10.90 Aston Subd.
96936 Jan. 26 — Approving proposed liquefied petroleum gas bulk storage facilities
of the C.P.R. in Sherbrooke, P.Q., Mileage 0.80 Quebec Subd.
96937 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 2 east of Port Hope, Ont., Mileage 36.78
Oshawa Subd.
96938 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. at Manotick Town Line Crossing, Mileage 12.3 Prescott
Subd., Ont.
96939 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 17 and the C.N.R. in the Village of St.
Quentin, N.B., Mileage 65.09 Quentin Subd.
96940 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Grande Pointe, Man., Mileage 9.27
Emerson Subd.
96941 Jan. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at second crossing East of station at
Lemieux, P.Q., Mileage 58.92 Drummondville Subd.
593
96942 Jan. 26 — Approving plans submitted by the Quebec Dept. of Roads showing
details of subways to be erected at Mileages 40.92 and 41.01 Adiron-
dack Subd.
96943 Jan. 27 — Approving flammable liquid bulk storage facilities of McColl-
Frontenac Oil Company Limited at Dolbeau, P.Q., Mileage 57.55
Roberval Subd.
96944 Jan. 27 — Approving proposed flammable liquid bulk storage facilities of
Standard Oil Company of B.C. Limited at Golden, B.C., Mileage
165.97 Lake Windermere Subd.
96945 Jan. 27 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Shaunavon, Sask.
96946 Jan. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 532 at Mileage 15.4 Huntsville
Subd., Ont.
96947 Jan. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 29, Mileage 34.04 Smiths Falls
Subd., Ont.
96948 Jan. 27 — Approving tariffs filed by the C.P.R. under section 8 of the Maritime
Freight Rates Act.
96949 Jan. 27 — In the matter of tariffs and supplements to tariffs filed by the
C.P.R. under the provision of the Maritime Freight Rates Act.
96950 Jan. 27 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under the provisions of the Maritime Freight
Rates Act.
96951 Jan. 27 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under the provisions of the Maritime Freight
Rates Act.
In the matter of the Board's Regulations for the Transportation of
Explosives and Other Dangerous Articles in Rail Freight and Rail
Express Service.
Authorizing the Town of Candiac to construct Montcalm Boulevard
across the C.N.R. in the Town of Candiac, P.Q., at Mileage 15.23
Massena Subd.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Kerr Line Telephone
Company Limited.
Granting a licence under section 10 of the Transport Act to the
C.P.R. for certain ships to transport passengers and/or goods by
water, etc.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Tyendinaga Municipal
Telephone System.
Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 49 at Mileage 16.7 MacTier Subd.,
Ont.
Approving tolls published in tariffs filed by the C.P.R. under sections
3 and 8 of the Maritime Freight Rates Act.
Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone d'Harricana &
Gatineau Limitee.
96960 Jan. 27 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Parker Ave. at Fort Garry, Man., Mileage .18
Letellier Subd.
96961 Jan. 27 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway east of Collins Bay, Ont., Mileage 180.1
Gananoque Subd.
96952 Jan. 27—
96953 Jan. 27—
96954 Jan. 27—
96955 Jan. 27—
96956 Jan. 27—
96957 Jan. 27—
96958 Jan. 27—
96959 Jan. 27—
594
96962 Jan. 28 — Authorizing Trans-Northern Pipe Line Company to extend the casing
of its pipe line approx. 10 feet where it crosses under the spur
track of the C.N.R. and the Toronto, Hamilton & Buffalo Rly. Co.,
and Burlington St., Hamilton, Ont.
96963 Jan. 28 — Approving proposed liquefied petroleum gas bulk storage facilities
of Steelman Gas Limited at Melville, Sask., Mileage 0.0 Touchwood
Subd.
96964 Jan. 28 — Authorizing the C.N.R. to operate over the bridge over the Red Deer
River, Sask., at Mileage 92.9 Erwood Subd.
96965 Jan. 28 — Authorizing the City of Winnipeg to construct Taylor Avenue over
the C.N.R. in the City of Winnipeg, Man., at Mileage 0.25 Oak
Point Subd.
96966 Jan. 28 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Don Mills
Road, Mileage 101.88 Oshawa Subd., Ont.
96967 Jan. 28 — Approving tolls published in tariffs filed by the C.P.R. under section
8 of the Maritime Freight Rates Act.
96968 Jan. 28 — Authorizing the C.N.R. to remove the caretaker at Kelsey, Alta.
96969 Jan. 28 — Requiring the New York Central Railroad Company to install
improved protection at the crossing of its railway and Cemetary
Street, Huntingdon, P.Q.
96970 Jan. 28 — Requiring the C.N.R. to install automatic protection in lieu of the
present protection at the crossing of its railway and Division Street,
Limoges, Ont., Mileage 113.07 Alexandria Subd.
96971 Jan. 28 — Approving tariffs filed by The Bell Telephone Company.
96972 Jan. 28 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of The Maritime Freight Rates
Act.
96973 Jan. 28 — Approving proposed flammable liquid bulk storage facilities of
Standard Oil Company of B.C. Limited at Nakusp, B.C., Mileage
31.0 Kalso Subd.
96974 Jan. 28 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Stoney Creek, B.C.
96975 Jan. 28 — Approving proposed flammable liquid bulk storage facilities of
Canadian Oil Companies Limited at Sturgeon Falls, Ont.
96976 Jan. 28 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 83 at grade across the C.P.R. at Mileage 49.26 Broad-
view Subd.
96977 Jan. 28 — Authorizing the C.N.R. to operate over the trestle over the Fir River,
Sask., at Mileage 1.4 Tisdale Subd.
96978 Jan. 28 — Extending the time to December 31, 1959, within which the crossing
of the Trans-Canada Highway and the C.N.R. at North Branch,
Nfld., Mileage 504.0 Port aux Basques Subd., is to remain open to the
public.
96979 Jan. 28 — Approving flammable liquid bulk storage facilities of Shell Oil
Company of Canada Limited at St. James, Man., Mileage 3.4 Oak
Point Subd.
96980 Jan. 28 — Approving liquid bulk storage facilities of North West Oil Company
Limited at Dawson Creek, B.C.
96981 Jan. 29 — Authorizing the New York Central Railroad Company to remove the
station agent at Canfield Junction, Ont.
96982 Jan. 29 — Approving proposed flammable liquid bulk storage facilities of the
Bate Chemical Corporation Limited at Montreal, P.Q., Mileage 72.27
St. Hyacinthe Subd.
96983 Jan. 29 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Rock Creek, B.C., Mileage 11.58 Carmi Subd.
595
96984 Jan. 29 — Authorizing the C.N.R. to operate their trains on the Harte Subd.
over the diamond crossing at Petrel Jet., Man., where the Harte
Subd. crosses the Carberry Subd. at Mileage 97.3 Harte Subd.
96985 Jan. 29 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
96986 Jan. 29 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited, at Laurier, Man., Mileage 148.28 Gladstone
Subd.
96987 Jan. 29 — Approving proposed flammable liquid bulk storage facilities of
Brandon Consumers Co-Operative Limited, at Brandon, Man., Mile-
age 78.74 Pleasant Point Subd.
96988 Jan. 29 — Rescinding Order 55654 in the matter of facilities of Canadian Oil
Companies Limited at Victoria Avenue, Guelph, Ontario.
96989 Jan. 29 — Approving tolls published in tariffs filed by the C.N.R. under
section 3 of the Maritime Freight Rates Act.
96990 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 19.17 Hardisty Subd., Sask.
96991 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Beaugrand Ave., Montreal, P.Q., Mileage 6.39 Longue
Pointe Subd.
Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Provincial Highway No. 4, being first public crossing
west of station at Elrose, Sask., Mileage 49.52 Elrose Subd.
Authorizing the removal of the speed limitation at the crossing of
The Chesapeake & Ohio Railway Company and Grand Marais Road,
Windsor, Ont., Mileage 3 No. 1 Subd.
Authorizing the removal of the speed limitation at the crossing of the
Grand River Railway Company at Hagey, Ont., Mileage 5.9 Waterloo
Subd.
96995 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Park Street, the fifth crossing west of the station at
Kitchener, Ont., Mileage 63.40 Brampton Subd.
96996 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway east of the station at Mitchell, Ont.,
Mileage 12.03 Goderich Subd.
96997 Jan. 29 — Approving proposed flammable liquid bulk storage facilities of British
Petroleum Canada Limited at Kirkland Lake, Ont.
96998 Jan. 29 — In the matter of the application of the Town of LaTuque, P.Q., for
the construction of a pedestrian subway under the C.N.R. at Neault
St., LaTuque, P.Q.
96999 Jan. 30— Rescinding Order No. 64930 in the matter of the location of facilities
of Victory Soya Mills at Toronto, Ont., C.N.R.
97000 Jan. 30 — Amending Order No. 96896 which authorized the C.P.R. to remove the
agent and appoint a caretaker at St. Maurice, P.Q.
97001 Feb. 2 — Authorizing the removal of the speed limitation at the crossing
of the C.P.R. and 12th St. East, Calgary, Alta.
97002 Feb. 2 — Authorizing the C.N.R. to operate under the overhead bridge in
Lot 2, Con. 28, Twp. of North Himsworth, Ont., Mileage 108.42
Huntsville Subd.
97003 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 19 and the C.P.R. at Mileage 61.64 Wood Mountain
Subd., Sask.
97004 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing west of station
at Watrous, Sask., Mileage 0.28 Asquith Subd.
96992 Jan. 29—
96993 Jan. 29—
96994 Jan. 29—
596
97005 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
55th Avenue and the C.N.R. in Lachine, P.Q., Mileage 9.2 Cornwall
Subd.
97006 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at the second crossing west of Mos-
borough, Ont., Mileage 54.37 Brampton Subd.
97007 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. near Bristol, P.Q., Mileage 50 Beachburg
Subd.
97008 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
Woodstock Road and the C.P.R. at Canterbury, N.B., Mileage 21.93
Shogomoc Subd.
97009 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 32 and the C.N.R. at Upton, P.Q., Mileage 26.34 St.
Hyacinthe Subd.
97010 Feb. 2 — Authorizing the C.N.R. to operate under the overhead bridge in
Lot 9, Con. 11, Twp. of Tay, Ont., Mileage 62.10 Midland Subd.
97011 Feb. 2 — Authorizing the C.P.R. to operate over the industrial track on Island
No. 2 in the City of Fort William, Ont.
97012 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 12.65 Drummondville Subd.,
P.Q.
97013 Feb. 2 — Authorizing the removal of the speed limitation at the crossing of
Mountain Road and the C.N.R. at Dauphin, Man., Mileage 176.8
Gladstone Subd.
97014 Feb. 2 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97015 Feb. 2 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Hay Lakes, Alta.
97016 Feb. 2 — Authorizing the C.N.R. to construct two additional tracks at grade
across Peppett St. in North Sydney, N.S., Mileage 99.07 Sydney Subd.
97017 Feb. 2 — Authorizing the C.N.R. to operate under the overhead bridge in
Lot 32, Con. 15, Twp. of West Ferris. Ont., Mileage 57.34 Alderdale
Subd.
97018 Feb. 2 — Authorizing the Manitoba Dept. of Public Works to widen the high-
way across the C.P.R. between Sections 1 and 12, Twp. 12, Rge. 12,
East Principal M., Mileage 5.39 Arborg Subd.
97019 Feb. 2 — Approving operation of the C.P.R. over the private siding serving
Northern Electric Company in the City of Vancouver, B.C.
97020 Feb. 2 — Authorizing the Quebec North Shore and Labrador Railway Com-
pany to make signal changes between certain mileages on its
Wacouna and Menihek Subds., in the Provinces of P.Q. and
Newfoundland.
97021 Feb. 3 — Approving revised plans submitted by the C.N.R. showing the
signals installed at crossing of Armagh and Bridge Subds. at
Joffre, P.Q.
97022 Feb. 3 — Requiring the C.P.R. to install automatic protection at the crossing
of Highway No. 95 and its railway near Cranbrook, B.C., Mileage
4.5 Kimberley Subd.
97023 Feb. 3 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97024 Feb. 3 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Metcalfe Rural Telephone
Company Limited.
97025 Feb. 3 — Approving flammable liquid bulk storage facilities of British
American Oil Company Limited at Hinton, Alta.
597
97026 Feb. 3 — Relieving the C.N.R. from erecting fencing between Mileages 74.43
and 74.59 (East side) Milton Subd., Ont.
97027 Feb. 3 — Approving proposed flammable liquid bulk storage facilities of Shell
Oil Company of Canada Limited at Kitchener, Ont., Waterloo Subd.
97028 Feb. 3 — Authorizing the removal of the speed limitation at the crossing of
The Chesapeake & Ohio Railway Company and Grand Marais Road,
Windsor, Ont., Mileage 3.25 No. 1 Subd.
97029 Feb. 3 — Approving tolls published by the C.N.R. under section 3 of the
Maritime Freight Rates Act.
97030 Feb. 3 — Amending Order No. 90470 which authorized the C.N.R. to install
automatic protection at the crossing of its railway and Gilmore Road,
Town of Fort Erie, Ont., Mileage 1.0 Dunnville Subd.
97031 Feb. 3 — In the matter of Regulations for the Transportation of Dangerous
Commodities by Rail.
97032 Feb. 3 — Approving revised location of the C.N.R. freight and passenger
shelter proposed to be erected at Decker Lake, B.C.
97033 Feb. 5 — Approving proposed flammable liquid bulk storage facilities of
Federated Co-Operative Limited at Russell, Man.
97034 Feb. 5 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Bolton, Ont., Mileage 22.85 MacTier
Subd.
97035 Feb. 5 — Authorizing the Saskatchewan Power Corporation to construct a
14,400 volt one wire power line over the pipe line of Trans-Canada
Pipe Line Company in the NW£ Sec. 15-18-8-W.3M., Sask.
97036 Feb. 5 — Authorizing the Saskatchewan Power Corporation to construct a
138,000 volt four wire power line over the pipe line of Trans-Canada
Pipe Line Company in the SE| Sec. 25-17-26-W.2M., Sask.
97037 Feb. 5 — Authorizing the Saskatchewan Power Corporation to construct a
14,400 volt one wire power line over the pipe line of Trans-Canada
Pipe Lines Limited, in the NW| Sec. 14-18-8-W.3M., Sask.
97038 Feb. 5 — Authorizing the C.N.R. to reconstruct the timber bridge over Cooper
Creek, Man., at Mileage 387.6 Herchmer Subd.
97039 Feb. 5 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Tottenham, Ont., Mileage 35.36 MacTier
Subd.
97040 Feb. 5 — Authorizing the C.P.R. to construct at its own expense a private
siding over the unused lane in the NW£ Sec. 27-23-1-W.5M., Alta.,
Mileage 3.58 MacLeod Subd., to serve the Irving Wire Products
Limited.
97041 Feb. 5 Authorizing the C.N.R. to install improved protection at the crossing
of 114th Ave. and its railway, near 81st St. in the City of Edmonton,
Alta.
97042 Feb. 5 — Authorizing the removal of the speed limitation at the crossing of
Delamere Avenue and the C.N.R. at Stratford, Ont., Mileage 1.41
Newton Subd.
97043 Feb. 5 — Amending Order No. 90919 re apportionment of cost of installing
protection at the crossing of the C.N.R. and Essa Road, Barrie, Ont.
97044 Feb. 5 — Authorizing the Department of Roads for Quebec to widen the
highway where it crosses the C.N.R. in the Parish of Tres St.
Sacrement, Co. of Chateauguay, P.Q., Mileage 35.51 Alexandria
Subd.
97045 Feb. 5— Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Yarmouth Rural Telephone
Company.
97046 Feb. 5— Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Mr. Ovila Arpin, Proprieteir,
Le Telephone de St. Ours, Enrg.
598
97047 Feb. 5 — Authorizing the Westspur Pipe Line Company to abandon the opera-
tion of that portion of its Frobisher gathering lines in Twps. 3 and
4, Rge. 4, West 2M., Sask.
97048 Feb. 5 — Approving the proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Mundare, Alta.
97049 Feb. 5 — Authorizing the C.N.R. to remove the caretaker at St. Valentin, P.Q.
97050 Feb. 5 — Authorizing the C.N.R. to remove the caretaker at Pomquet, N.S.
97051 Feb. 5 — Amending Order No. 94085 which authorized the C.N.R. to install
automatic protection at crossing of their railway and Townsend St.,
Sydney, N.S., Mileage 113.52 Sydney Subd.
97052 Feb. 5 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 5 east of the station at Lyster,
P.Q., Mileage 25.65 Danville Subd.
97053 Feb. 5 — Rescinding Order No. 70968 which approved the location of facilities
of Sturdie Oils Limited for the handling and storage of flammable
liquids near the railway of the C.P.R. at Lethbridge, Alta.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
&fje poarb of
transport Commtsi^toners; for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLVIII OTTAWA, MARCH 16, 1959 No. 24
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and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the General Freight Rates Investigation directed by Order in
Council P.C. 1487, dated April 7, 1948 (Equalization Case) and of Section
336 of the Railway Act (National Freight Rates Policy) re commodity
freight rates on fresh fruits and vegetables File 47828.6
and
In the matter of the application of the B.C. Tree Fruits Limited; British
Columbia Fruit Growers Association and the British Columbia Interior
Vegetable Marketing Board for a reduction in freight rates on fresh
fruits and vegetables File 47828.6
and
In the matter of the complaint of the B.C. Fruit Processors Limited in connection
with rates on canned fruits and vegetables from Kelowna, B.C. to points
in Western Canada. File 35457.6
Heard at:
Vancouver, B.C., March 3, 1958.
Kelowna, B.C., March 7, 1958.
Ottawa, Ont., June 6 and 9, 1958.
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Appearances:
C. W. Brazier, Q.C., 1 for the Province of British Columbia;
and \ B.C. Tree Fruits Limited, and B.C.
J. G. Alley, J Fruit Processors Ltd.
J. J. Frawley, Q.C., for the Province of Alberta.
T. M. Kidd, for the Canadian Fruit Wholesalers' Association and
Canadian Horticultural Council.
H. A. Mann, for the Maritime Transportation Commission.
K. D. M. Spence, Q.C.,
and \ for the Canadian Pacific Railway Co.
A. J. Alliston, J
J. W. G. Macdougall, Q.C., 1
and [for the Canadian National Railways.
W. G. Boyd,
68363-1—1
599
INDEX
Page
1. ORIGIN OF THE APPLICATION 601
2. CLASSIFICATION BASIS ON FRUITS AND VEGETABLES 604
3. COMMODITY RATE STRUCTURE ON HARD FRUIT 605
4. COMMODITY RATE STRUCTURE ON SOFT FRUIT 607
5. COMMODITY RATE STRUCTURE ON VEGETABLES 609
6. NATIONAL FREIGHT RATES POLICY
(a) Hard Fruit 611
(b) Soft Fruit 617
(c) Vegetables 623
7. JUST AND REASONABLE FREIGHT RATES 630
8. BRIDGE SUBSIDY 633
9. COMMODITY RATES ON POTATOES 634
10. SUBMISSION ON PROVINCE OF ALBERTA 639
11. COMMODITY RATES ON CANNED FRUITS AND VEGETABLES . . 640
12. INCREASE IN RATES 644
13. ORDER 645
600
JUDGMENT
By the Board:
1. ORIGIN OF THE APPLICATION
On May 25, 1956 the B.C. Tree Fruits Ltd. filed an application with the
Board stating, inter alia, that in conformity with the program of freight rate
equalization now under way in Canada, and in recognition of current competitive
factors affecting the movement of their products, the need for a full schedule
of revised commodity freight rates for their industry was evident in considera-
tion of a number of factors, namely:
(1) Higher minimum weight loads and greater earning capacity thereof
for the railways.
(2) The volume of traffic offered by the industry throughout a 10 to 11
months shipping season each year — estimated at between 4,000 and
5,000 carloads annually to points between the British Columbia- Alberta
provincial boundary and the head of the lakes.
(3) The influence of Canadian freight rate equalization policy which calls
for equity with comparable schedules of Commodity Rates for similar
products originating elsewhere in Canada, particularly in the provinces
of Ontario and Quebec, and where such products are competitive with
our own.
(4) The urgent need for this industry to re-build and extend distribution
of its products to country points and smaller centres on the Canadian
prairies. With the growth of trucking in distributing traffic from
warehousing centres to the smaller centres, there has been a tendency
towards decreased consumption of fresh fruits and vegetables which
has reacted against the best interests both of B.C. producers and the
carriers. Under a policy of rate blanketing whereby transportation
cost to smaller centres within a reasonable distance of larger centres
are accorded the same delivered transportation cost, we are confident
that a greater overall tonnage can be moved.
(5) As a step towards the forcing of maximum tonnage under full crop
conditions to smaller receiving centres, it is desirable to make the
greatest possible use of stop-off privileges accorded by the railways.
If this is to be done the blanketing of rates over relatively large
marketing areas permits maximum utilization of part car unloading
without untoward rate penalty.
(6) Also, where separate rates apply from different points of origin,
orderly marketing procedure based on origin and destination rate
blanketing disappears.
The applicant made the following recommendations in respect to the con-
struction of a reasonable level of equalized commodity rates for fresh fruits and
vegetables.
601
602
Apples and Pears:
We recommend the use of Column 38 rates under a similar plan to that
outlined below for fresh fruits. This is the approximate level of commodity
rates presently applying from Group A/B points to stations in Western
Canada which move at a minimum weight of 30,000 lbs. and also enjoy the
benefit of the bridge subsidy. It is also worth noting that commodity rates for
Apples and Pears from British Columbia were published at 85% of class rates
prior to equalized class rates being published last year. We see no reason why
the higher minimum weight of 35,000 lbs. should not be permitted to apply
about October 15 each year both from Group A/B territory and our own origin
blanketing area. From the opening of the season each summer to October 15,
minimum weight of 30,000 lbs. should apply.
Fresh Fruit: (Including commodities listed in the Canadian Classification under
Class 70, including Cherries, Apricots, Peaches, Plums, Prunes
and Grapes.)
These products should move at rates built on Column 55 in the Class Rate
Tariff. Origin and destination blanketing, as we have said, is essential for
our products. Under 150 mile destination blanketing, the Column 55 rates
could be applied from a centrally located point, e.g. Kelowna, to a centrally
located point in each destination zone.
It is noteworthy here that specific commodity rates for these products from
points of origin in Group A/B territory in Ontario and Quebec to stations in
Alberta, Saskatchewan and Manitoba are published at minimum weight of
20,000 lbs. at levels approximating 75-80% of class rates. These rates,
incidentally, also enjoy the benefit of the bridge subsidy, which is not available
to shippers in British Columbia to relatively long haul points in Manitoba or
Western Ontario. Column 55 rates, at minimum weight of 24,000 lbs. as in the
case of B.C. traffic, could well apply to this traffic from Ontario and Quebec.
Vegetables: (Root and Green, with and without tops)
In the past we have enjoyed commodity rates for these products at 85%
of class rates for root vegetables, but we are prepared to recommend Column 27
rates for all vegetables at existing minimum weights with the exception of
Potatoes, which call for separate consideration as has existed before in recogni-
tion of special competitive marketing problems affecting this commodity, and
other factors. Potatoes themselves will require Column 24 rates at minimum
weight of 40,000 lbs. Similar origin and destination blanketing to that outlined
for Fresh Fruits and Apples and Pears also will be required for our traffic.
Although we naturally favour 150 mile destination blanketing as drawn up
tentatively last year, we are prepared to concede its rejection, if necessary,
provided that the 100 mile zoning arrangement established in 1949 be continued
rather than being subjected to new designing as initiated by the railways to
their own advantage last year.
Where competitive factors insert themselves and enable publication of
wider destination zoning areas, it is most satisfactory for such wider zoning to
prevail.
Subsequent to the receipt of the above mentioned application the Board
was informed by the B.C. Tree Fruits Limited that negotiations were being
progressed with the railways with the view to establishing a mutually satis-
factory level of commodity rates under an Agreed Charges arrangement. Such
agreement has not been submitted for filing with the Board and consequently
it appears that the said negotiations were without result.
603
On November 26, 1957 the Board pursuant to the General Freight Rates
Investigation directed by Order-in-Council P.C. 1487 and to Section 336 of the
Railway Act set the matter down for hearing at Vancouver and Kelowna, B.C.
in March, 1958. The matter was accordingly heard at those cities and final
hearings were held in Ottawa, Ont., in June 1958. At these hearings over 500
pages of evidence were received and over 20 exhibits filed.
From the evidence and submissions received at these hearings it appears
that the application of the B.C. Tree Fruits Limited, et al, for a revision of the
prevailing freight rate structure on fresh fruits and vegetables has a dual
objective; firstly, equalization of the existing rates on this traffic in Canada,
and secondly, a request for a reduction in the rates from the Okanagan Valley
to Western Canada. Consequently the Board will proceed to adjudicate upon
this application as a matter coming within Section 336 of the Railway Act and
also as a matter for determination of just and reasonable rates under Section 328
of the said Act.
In order to have before us the basis of the rail freight rates applicable on
fresh fruit and vegetable traffic in Canada, it may be well to review briefly the
background of these rates and we believe it is appropriate in the consideration
of this matter that the rates applicable on these commodities in Western Canada
be dealt with at three basic periods, 1st, the rates established in 1949 consequent
upon the removal of the mountain differential; 2nd, the rates established in 1955
during which year the equalized class rate scale came into force; and 3rd, the
present rate situation. Consideration of the rate levels must also be dealt with
separately, i.e., the rates applicable on (A) Hard fruit (Apples-Pears) ; (B) Soft
fruit (Peaches, etc.); and (C) Vegetables; subdivided between rates applicable
within (1) Western Canada; (2) within Eastern Canada; and (3) between
Eastern and Western Canada.
68363-1—2
604
or
2. CLASSIFICATION BASIS ON FRESH FRUIT AND VEGETABLES
The carload ratings and carload minimum weights on fresh fruit and fresh
green vegetables (not cold pack nor frozen) under Canadian Freight
Classification 20, Agent R. K. Watson's C.T.C. 1525, are as follows:
Article
Carload
Rating
Apples. .
Pears. .
Quinces
45
45
45
Cranberries-
Lingonberries
Melons : —
Cantaloupes. . . .
Citron
Muskmelons
Melons NOIBN
55
55
55
55
55
55
Apricots
Avocados
Bananas
Berries NOIBN
Currants
Grapefruit
Grapes
Lemons
Limes
Nectarines
Oranges
Peaches
Pineapples
Plums
Fresh Fruit, NOIBN
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
Artichoke Tubers
Beets without tops
Cabbage
Carrots without tops . .
Garlic, dry
Onion Sets
Onion without tops
Parsnips without tops.
Potatoes
Pumpkins
Turnips without tops. .
Radishes without tops.
Winter Squash
30
30
30
30
30
30
30
30
30
30
30
30
30
Beets with tops
Carrots with tops
Cauliflower
Celery
Corn, in the husk
Cucumbers
Egg Plant
Horseradish, Roots .
Onions with tops, (including Shallots).
Parsnips with tops
Peppers
Radishes with tops
Rhubarb (Pie Plant)
Tomatoes
Turnips with tops
Summer Squash
Fresh or Green Vegetables, NOIBN. .
45
45
45
45
45
45
45
45
45
45
45
45
45
45
45
45
45
605
These ratings have application throughout Canada and the equalized class
rate scale ordered by the Board in its Judgment and Order of March 1, 1954
(plus the 11% increase under Order 90447) has application to these ratings
between all points in Canada west of the Maritime Territory.
3. COMMODITY RATE STRUCTURE ON HARD FRUIT (APPLES-PEARS)
(1) Within Western Canada
In lieu of the classification basis on hard fruit, lower commodity rates
subject to different minimum weights were provided by the railways in their
tariff schedules in 1949 applicable from British Columbia to Western Canadian
destinations. The commodity description and minimum weights are:
Apples Minimum weight 35,000 lbs. (Note)
pears " " 35,000 lbs. (Note)
Quinces. V." " " 24,000 lbs.
Note: — Minimum weight June 1st to September 30th each year, 30,000 lbs.
According to the tariff schedules of the railways the fruit origin territory of
British Columbia was divided into some nine groups, in total these groups
encompassed some 254 shipping stations on both the Canadian National and
Canadian Pacific Railways. The destination territory in Western Canada was
divided into 100-mile blocks and the centre point in each destination group was
used as a basing point for its particular group. The commodity rates were
constructed by selecting key points in the origin groups and applying the then
5th class prairie distributing class rates therefrom to the centre basing point
in each destination group and the resulting rate was made applicable from all
shipping points in the origin group to all destinations in the 100-mile destination
groups. This method of rate construction accorded a reduction from the pre-
vailing classification basis. It is not feasible to calculate with any degree of
accuracy the over-all lower level of the commodity rates in relation to the then
prevailing class rates due to the differences in rate construction formulae.
However, the following illustrates the difference in the rate levels using
Kelowna, B.C., as a single point of origin.
Destination
Classification
Basis
Commodity
Rate
Calgary, Alta
Red Deer, Alta
Lethbridge, Alta
Edmonton, Alta
Moose Jaw, Sask
North Battleford, Sask
Saskatoon, Sask
Regina, Sask
Prince Albert, Sask
Yorkton, Sask
Brandon, Man
Winnipeg, Man
86
98
104
113
140
142
145
145
160
167
171
180
71
86
86
92
115
115
115
126
126
142
142
149
All rates quoted above and hereinafter are in cents per 100 lbs.
In 1955 the railways established rates based on a different formula. While
the same 100-mile destination gro.ups created in 1949 were maintained, the
shipping territory was revised to include in one large group all shipping points
in the Okanagan Valley and east thereof including the Kootenay territory, and
Kelowna (approximately in the centre of the group) was selected as the key
point. The rates were constructed by using the Class 45 equalized class rates
applicable from Kelowna, B.C., to the most westerly station in each 100-mile
68363-1—2^
606
were made applicable from all shipping points in the said origin group to all
destinations in the 100-mile destination groups.
At the time this formula was adopted there was in effect from the fruit
district in the State of Washington (Yakima- Wenatchee) a rail rate of 137 cents
to the United States-Canadian border point of Noyes, Minn., which rate in
conjunction with the rate of 43 cents from Noyes, Minn., to Winnipeg, Man.,
produced a through rate of 180 cents per 100 lbs. The Canadian railways
established this same rate from the Okanagan Valley to Winnipeg, and in order
to conform to the long and short haul provisions of the Railway Act (Section
317(5)), this rate of 180 cents was made applicable to all destinations west
of Winnipeg until the lower 100-mile group rates were met. The effect of
this action was to create a large one-rate destination area from Winnipeg
westward to almost mid-Saskatchewan.
Since 1955 the Board by its Orders 89030 and 90447 has authorized an 11%
increase in the rates applicable within Canada, and maximum rate increases
of 6 cents, 11 cents and 5 cents, — total 22 cents per 100 lbs. — have been
authorized by the Interstate Commerce Commission under Ex Parte 196, 206
and 212 in the United States rates applicable on fresh fruits. The origin and
destination grouping formula adopted in 1955 is still in effect (except to the
Winnipeg area) but the level of the rates has been changed due to the above
mentioned general authorized increases. The rate of 180 cents which previously
applied to all destinations Winnipeg and west to approximately mid-
Saskatchewan was increased to 206 cents per 100 lbs., to reflect the American
rail rate of 159 cents from the Yakima- Wenatchee districts of Washington to
Noyes, Minn., in conjunction with the increased rate of 47 cents from Noyes,
Minn., to Winnipeg, Man. An exception was made in respect to the level of
this through rate to destinations Winnipeg and south to Emerson and Morris,
Man., in order to meet motor truck competition from the United States-
Canadian border. The rate to this area was set at 187 cents per 100 lbs. arrived
at by use of the American rail rate of 159 cents above mentioned plus a factor
of 28 cents from Emerson, Man., to Winnipeg to meet the said motor truck
competition.
(2 ) Within Eastern Canada
In Eastern Canada the classification basis of Class 45 applies between all
stations within the Ontario-Quebec territory (Levis, Diamond, Boundary, Que.,
and west thereof). In addition to this classification basis the railways provide
through the medium of a commodity level of rates an alternative basis at
reduced minimum weights. These rate applications in Eastern Canada are;
Class 45— Minimum weight 24,000 lbs.
Class 55— Minimum weight 20,000 lbs.
No origin or destination groupings apply in respect to these rates other than
that inherent in the equalized class rates, namely, 25-mile blocks for distances
200 to 1500 miles, as contrasted to the large origin and destination grouping
system in effect in Western Canada. Little more need be said concerning the
application of these rate levels except it has been stated in evidence that they
do not control a substantial volume of traffic — the traffic from the fruit growing
centres of Eastern Canada moves mainly by truck or at railway published truck
competitive rates.
(3) Between Eastern and Western Canada
From Eastern Canada to destinations in Manitoba, Saskatchewan and
Alberta commodity rates are provided on a lower level than the prevailing
Class 45 rates. These commodity rates reflect on the average 38% to 40% of
607
the Class 100 rates applying from Groups A-B territory in Eastern Canada.
Mr. J. M. Roberts, Assistant General Traffic Manager of the Canadian Pacific
Railway stated in evidence that 46 carloads moved from Eastern Canada under
these rates during the shipping season of 1957.
From the Okanagan Valley to Eastern Canada the Canadian railways
provide assistance to the growers of that area to enable them to market their
product in Eastern Canada at a rate level comparable to that prevailing from
the Yakima-Wenatchee district of Washington. These comparable rate levels
are set out below:
From
To Eastern Canada
Apples
Pears
Rate
Minimum
Weight
Percent of
Class 100
Rate
Minimum
Weight
Percent of
Class 100
Okanagan Valley
(Kelowna)
Bridge Subsidy
226
211
40,000
22%
226
211
36,000
22%
Yakima-Wenatchee
226
35,000
226
34,000
4. COMMODITY RATE STRUCTURE ON SOFT FRUIT (PEACHES, ETC.)
(1) Within Western Canada
The Classification basis on soft fruits is Class 70 (former 3rd class), subject
to minimum weight of 20,000 lbs, see Chapter 2. The basic rate group formula
in 1949 was similar to that for hard fruit with the 3rd class prairie distributing
class rates being used as a base. It is well, we believe, to repeat the formula.
The origin territory of British Columbia at that time was divided into separate
groups and the destination territory in Western Canada divided into 100-mile
blocks and the centre point in each destination group was used as a basing point
for its particular group. The commodity rates were constructed by selecting
key points in the origin groups and applying the then 3rd class prairie distribut-
ing class rates therefrom to the centre basing point in each destination group
and the resulting rate was made applicable from all shipping points in the
origin groups to all destinations in the 100-mile destination groups. This
method of rate construction accorded a reduction from the prevailing classifica-
tion basis. The following illustrates the difference in the rate levels using
Kelowna, B.C., as a single point of origin.
Destination
Classification
Basis
Calgary, Alta
Red Deer, Alta
Lethbridge, Alta
Edmonton, Alta
Moose Jaw, Sask
North Battleford, Sask
Saskatoon, Sask
Regina, Sask
Prince Albert, Sask. . . .
Yorkton, Sask
Brandon, Man
Winnipeg, Man
126
145
152
167
207
211
217
217
238
243
249
267
608
In 1955, following negotiations between the B.C. Tree Fruits Limited and
the railways, an entirely different formula was adopted for the construction
of commodity rates on soft fruit within Western Canada. The shipping territory
was revised to include in one large group all shipping points in the Okanagan
Valley and east thereof including the Kootenay territory. The destination
grouping was drastically altered from that prevailing in 1949. Two major
destination groups were established, the first group comprising all stations north
of the Canadian Pacific Railway main line from Winnipeg westward to Morse
Sask., and all stations east of Kerrobert, Macklin, Paradise Valley and Furnace,
Sask. The rate to all destinations in this major group was set at 235 cents per
100 lbs. and was made applicable from all shipping points in the Okanagan
Valley. The second major destination group comprised the territory bounded
by the Canadian Pacific Railway main line from Winnipeg, Man. to Morse,
Sask. and all stations south thereof. The rate to the destinations in this large
group was set at 211 cents per 100 lbs. and this rate also was made applicable
from all shipping points in the Okanagan Valley. An exception was made to
this rate in respect to traffic destined Weyburn, Estevan, North Portal, Sask.,
and Winnipeg, Man., to which destinations the rate was set at 200 cents per
100 lbs. These two major destination groups encompassed practically all
destinations in Manitoba and Saskatchewan. To stations in Alberta and westerly
Saskatchewan smaller rate groups were established for this territory with the
rates to such groups graded downwards; the key points in this group are, Swift
Current 205 cents, Lloydminster 220 cents, Edmonton 175 cents, Medicine Hat
185 cents, Red Deer 160 cents and Calgary-Lethbridge 145 cents.
Since 1955 the Board, by its Orders 89030 and 90447 has authorized an 11%
increase in freight rates applicable within Canada and flat maximum rate
increases of 6 cents, 11 cents and 5 cents — total 22 cents per 100 lbs. — have been
authorized by the Interstate Commerce Commission under Ex Parte 196, 206
and 212 in the rates applicable within the United States on fresh fruit. The
origin and destination grouping formula adopted in 1955 is still in effect but
the level of the rates has been changed due partially to the above mentioned
authorized increases, with additional adjustments in some of the rates. This
is illustrated as follows:
Okanagan Valley
To
1955
rate level
Present
rate level
Northern Group
Southern Group.
235
211
261
239
Weyburn )
Estevan
North Portal (
Winnipeg J
200
224
Swift Current
Lloydminster .
Edmonton
Medicine Hat
Red Deer
Calgary
Lethbridge. . .
205
220
175
185
160
145
145
228
244
194
207
178
161
161
609
(2) Within Eastern Canada
In Eastern Canada Class 55 applies between all stations within the Ontario-
Quebec territory. This rate level is lower than the Classification basis and is
authorized through the medium of commodity tariffs. No origin or destination
groupings apply in respect to these rates other than that inherent in the
equalized class rates as contrasted to the large origin and destination grouping
system in effect in Western Canada.
(3) Between Eastern and Western Canada
From Eastern Canada to destinations in Manitoba, Saskatchewan and
Alberta commodity rates are provided on a lower level than the prevailing
Class 70 rates. These commodity rates reflect on the overall about 56% of the
Class 100 rates applying from Groups A-B territory in Eastern Canada.
From the Okanagan Valley to Eastern Canada a commodity rate of 344
cents per 100 lbs. subject to minimum weight of 27,500 lbs. is provided. This
commodity rate is approximately half the rate under the Classification basis
reflecting approximately 32.5% of the Class 100 rates. This rate however is
displaced by the application of a lower commodity rate which apparently has
been provided to assist the growers in the Okanagan Valley to market their
products in Eastern Canada at a rate level comparable to that prevailing from
the Yakima-Wenatchee district. This latter rate is set out below together
with the applicable rate from Yakima-Wenatchee.
From
To Eastern Canada
Rate
Minimum
Weight
Per Cent
of Class 100
Okanagan Valley
242
226
30,000 lbs.
23%
Bridge Subsidy
Yakima — Wenatchee
226
30,000 lbs.
5. COMMODITY RATE STRUCTURE ON VEGETABLES
(1) Within Western Canada
The classification basis as noted in chapter 2 segregates fresh or green
vegetables into two ratings, namely Class 30 (8th class) and Class 45 (5th
class). The commodity rate structure from British Columbia to Western
Canada does not so differentiate, but all vegetables are accorded the same rate.
In 1949 the origin territory of British Columbia was divided into nine
separate groups and the destination territory in Western Canada divided into
100-mile blocks and the centre point in each destination group was used as a
basing point for its particular group. The commodity rates were constructed
by selecting key points in the origin groups and applying the then 8th class
prairie distributing class rates therefrom to the centre basing point in each
destination group and the resulting rate was made applicable from all shipping
points in the origin group to all destinations in the 100-mile destination groups.
This method of rate construction accorded a reduction from the prevailing 5th
and 8th class rates. The following illustrates the difference in the rate levels
at that time using Kelowna, B.C., again as a single point of origin.
610
Destination
Classification Basis
5th Class
8th Class
Calgary, Alta
Red Deer, Alta
Lethbridge, Alta
Edmonton, Alta
Moose Jaw, Sask
North Battleford, Sask
Saskatoon, Sask
Regina, Sask
Prince Albert, Sask
Yorkton, Sask
Brandon, Man
Winnipeg, Man
86
98
104
113
140
142
145
145
160
167
171
180
51
58
61
65
79
79
80
80
87
90
90
97
In 1955 the railways established rates based on a different formula. The
same 100-mile destination groups created in 1949 were maintained but the
shipping territory was revised to include in one large group all shipping points
in the Okanagan Valley and east thereof including the Kootenay territory and
Kelowna was selected as the key point. The rates were constructed by using
the Class 30 equalized class rates applicable from Kelowna, B.C. to the most
westerly station in each 100-mile destination group (in lieu of the former
centre station), and the resulting rates were made applicable from all shipping
points in the said origin group to all destinations in the 100-mile destination
groups.
Since 1955 the Board by its Orders 89030 and 90447 has authorized an 11%
increase in the rates applicable within Canada. The origin and destination
grouping formula adopted in 1955 is still in effect but the level of the rates
has been changed due to this general authorized increase.
(2) Within Eastern Canada
In Eastern Canada the classification bases of Class 30 and Class 45 applies
between all stations within the Ontario-Quebec territory (Levis, Diamond,
Boundary, Que., and west thereof). No origin or destination groupings apply
in respect to those rates other than that inherent in the equalized class rates,
namely, 25-mile blocks for distances 200 to 1500 miles, as contrasted to the
large origin and destination grouping system in effect in Western Canada.
(3) Between Eastern and Western Canada
From Eastern Canada to destinations in Manitoba, Saskatchewan and
Alberta commodity rates are provided on an approximate level to prevailing
Class 30 and Class 45 rates.
From the Okanagan Valley to Eastern Canada the railways also provide
commodity rates, which reflect on the average 32.5%, minimum 27,500 lbs., and
34.3%, minimum 24,000 lbs. of the Class 100 rates from the Okanagan Valley.
6. NATIONAL FREIGHT RATES POLICY
The policy of Parliament respecting equalization of freight rates is set
forth for our guidance in Section 336 of the Railway Act.
611
The broad general principle of equalizing commodity freight rates in
Canada is that the rate structure shall result in treating all citizens, localities,
districts and regions alike as far as is reasonably possible to do so. This
objective can be attained only after full consideration of the effect proposals
for establishing uniform commodity rates may have on railway revenues, on
established industry or on existing trade and market patterns. Should the
Board find on considering all the factors that the implementation of a uniform
rate structure on any commodity is not reasonably possible it may make an
exception in such cases from the operation of Section 336 of the Railway Act.
HARD FRUIT (Apples-Pears)
Briefly stated the railways' position in respect to this application concern-
ing the rates on apples and pears within Western Canada is that the existing
commodity rate structure was established following negotiations with applicant
in an endeavour to meet to some degree the economic conditions of the fruit
industry; that the grouping system set up was to meet the marketing needs
of the industry and that as similar conditions did not prevail in respect to the
marketing in Eastern Canada it is not reasonably possible to meet applicant's
demands under the provisions of Section 336 of the Railway Act. The railways
assert that in the overall result the commodity rates in Western Canada are
at the present time reasonably related to the level requested by applicant.
Applicant on the other hand requests, inter alia, that lower commodity
rates (base Class 38 in lieu of base Class 45) be accorded apple and pear traffic
moving within Western Canada, where such rates are not influenced by
American rates from the Yakima-Wenatchee district of Washington. Applicant
points to the rates from Eastern to Western Canada alleged to approximate
38% of the Class 100 rates, in support of the request for relief under the equal-
ization provisions of the Act. It is further stated that the organization and
shipping of British Columbia fruit and vegetable tonnage is over a single desk,
and consequently it is desired for orderly marketing that all origin shipping
stations in the Okanagan Valley including the Kootenays be blanketed and
the same rate maintained from all stations in the said area. Applicant's recom-
mendations in respect to apples and pears as contained in Exhibit 12 are quoted
hereunder:
"Recommendations in respect to the application of Column Rates for
Commodity Rate Construction have already been outlined in our sub-
mission to the Board of May 25th, 1956 and again summarized at the
commencement of this present submission. (APPLES and PEARS: Column
38, min. weight June 1st to October 15th 30,000#, October 16th to May 30th
35,000#). A recapitulation of shipping point and destination rate blanketing
requirements for our industry may be of further assistance at this point,
together with an outline of the need for the application of reasonable
maximum rate factors in certain areas.
APPLES and PEARS: We are prepared to accept the modified 100 mile
destination zoning plan of the railways provided the seven stations pre-
viously named (Lloydminster, St. Paul, Wainwright, Saskatoon, Kindersley,
Prince Albert and Humboldt) are moved westward one zoning. Apart from
the Column rates recommended it will be necessary for the carload rates
from Washington points to the same Canadian destinations to be protected
68363-1—3
612
as a maximum. Consideration is required also to the important Winnipeg
market as suggested above, and the need for a reasonable maximum rate
factor to all points in Manitoba."
The following comments are made concerning the commodity rate struc-
tures which the Board is now required to consider with the view to implement-
ing uniform commodity rates on apple and pear traffic within Canada.
Rates within Western Canada.
The Prairie provinces are British Columbia's major domestic market. It
is estimated that over 3,000 carloads of apples and pears moved by rail to con-
suming centres in these provinces during 1957. To evaluate the general level
of freight rates applicable on this traffic the Board has selected some 21
destinations for rate comparison purposes, to which destinations it is known
traffic actually moved. It is believed this selection will be sufficiently repre-
sentative upon which to draw general conclusions.
As pointed out earlier, the rates within Western Canada are constructed
generally upon the use of the Class 45 rates from one large origin group to
100-mile destination groups. While this class is used as a base for the construc-
tion of the commodity rates, the commodity rates from the more distant shipping
stations in the origin group reflect a lower level, while the rates from some
less distant points in the origin group do not exceed the maximum of the Class
45 rates. Consequently it. follows that the present commodity rates generally
are on a lower overall level of rates in relation to Class 100 than Class 45.
With the view to ascertaining an approximation of the class level of these com-
modity rates, the Board's Traffic Department has selected Haynes, B.C., as
southern shipping point in the origin group, Kelowna, B.C., as an approximate
centre point in the group and Armstrong, B.C., as a northern shipping station.
The percentage relationship of the present rates to Class 100 from these three
representative origin stations to the 21 selected destination stations have been
calculated, together with the average percentage relationship to Class 100. This
same information has been calculated for the basis of rates requested by
applicant. The detail of this study follows: —
To
Alberta
Calgary
Edmonton. .
Lethbridge.
Medicine Hat .
Red Deer.
From
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna . . .
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes
Kelowna. ..
Armstrong
Class
100
276
246
226
356
326
326
296
276
346
316
296
316
286
266
HARD FRUIT (APPLES)
Present
Rate
102
102
102
138
138
138
120
120
120
138
138
133
120
120
120
Per Cent
of
Class
100
37.0
41.5
45.1
38.8
42.3
45.0
36.8
40.5
43.5
39.9
43.7
44.9
38.0
42.0
45.1
Average
Per Cent
of
Class 100
40.9
41.9
40.1
42.7
41.5
Request-
ed Rate
Per Cent
of
Class 100
Average
Per Cent
of
Class 100
87
31.5
87
35.4
34.9
87
38.5
117
32.9
117
35.9
35.5
117
38.2
101
31.0
101
34.1
33.7
101
36.6
117
33.8
117
37.0
36.6
117
39.5
101
32.0
101
35.3
34.7
101
38.0
613
From
Saskatchewan
Estevan
Hayncs —
Kelowna. .,
Armstrong
Hay nes —
Kelowna. .
Armstrong
Hay nes
Kelowna . .
Armstrong
Haynes
Kelowna . .
Armstrong
Haynes —
Kelowna . . .
Armstrong
Haynes —
Kelowna . . ,
Armstrong
Haynes —
Kelowna . .
Armstrong
Haynes
Kelowna . . .
Armstrong
Haynes
Kelowna . ..
Armstrong
Haynes
Kelowna . . .
Armstrong
Haynes
Kelowna . . .
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna . . .
Armstrong
Haynes. . . .
Kelowna . . .
Armstrong
Haynes
Kelowna . . .
Armstrong
Haynes. .. .
Kelowna. ..
Armstrong
Haynes
Kelowna . .
Armstrong
HARD FUUIT (APPLES)
( 'lass
100
Present
Kate
i ci ^ ent
of
Class
i fin
Average
Per Cent
of
flow 1 00
Request-
ed Kate
Per Cent
of
Class 100
iv verayo
Per Cent
of
fll'KV Iflfl
vyJ<ti5r> 1\J\J
ouo
188
loo
37 9
178
I/O
35 2
476
188
39.5
39.2
178
37^4
37.1
456
188
41.2
178
39.0
ouu
907
40 Q
162
32 1
476
207
43.5
43.0
162
34 A)
33.8
456
205
45.0
162
35.5
100
38 9
OO . L
132
32 5
376
155
41.2
40.5
132
35 !l
34.7
366
155
42.3
132
36.1
207
39 4
178
I/O
33 8
496
207
41>
41.2
178
35^9
35.4
486
207
42.6
178
36.6
446
174
39.0
147
33.0
416
174
4F8
41.5
147
35! 3
35.1
396
174
43.9
147
37.1
566
207
36.6
192
33.9
536
207
38^6
38.4
192
35.8
35.6
516
207
40.1
192
37.2
456
174
38.2
147
32 2
426
174
40^8
40.5
147
34.5
34.2
406
174
42.9
147
36.2
526
207
39 4
162
30 8
496
207
41 .7
41.5
162
32^7
32.4
476
207
43.5
162
34.0
466
192
41 .2
162
34 8
436
192
44^0
43.3
162
37^2
36.9
416
187
45.0
162
38.9
tuu
192
41 2
147
31 5
436
192
44^0
43.3
147
33 '7
33.5
416
187
45.0
147
35.3
3Qfi
155
39 1
132
33 3
376
155
41.! 2
41.2
132
35 !l
35.1
356
155
43.5
132
37.1
907
38 6
1 Q9
3*1 8
00 . 0
506
207
40^9
40.4
192
37.9
37.5
496
207
41.7
192
38.7
476
188
39.5
162
34.0
456
188
41.2
41 .3
162
35.5
35.5
436
188
43.1
162
37.2
546
207
37.9
192
35.2
516
207
40.1
39.9
192
37.2
37.0
496
207
41.7
192
38.7
546
207
37.9
192
35.2
516
207
40.1
39.9
192
37.2
37.0
506
207
41.7
192
38.7
606
187
30.9
187
30.9
576
187
32.5
32.3
187
32.5
32.3
556
187
33.6
187
33.6
38.3
40.9
42.5
40.5
33.2
35.5
37.0
35.2
68363-1— 3£
614
It will be noted from the foregoing that the average percent of the Class 100
rates from the Okanagan Valley origin group to the 21 selected destinations in
Western Canada ranges from 43.3% down to 32.3% with an overall average of
40.5%. Applicants requested basis ranges from 37.5% down to 32.3% with an
overall overage of 35.2%.
The situation in connection with this Western commodity rate structure,
it is believed, requires analysis and comment. It has been alleged that the
Western rate structure here under review is influenced by the freight rates
prevailing from the Yakima-Wenatchee fruit districts of Washington state to
destinations in Western Canada and that such rates should prevail as a maxi-
mum in the Western Canadian commodity rate structure. A comparison of
the present freight rates on apples and pears from Yakima-Wenatchee versus
from the Okanagan Valley follows:
Destination
Apples
Pears
From
Yakima
From
Okanagan
From
Yakima
From
Okanagan
Alberta
Calgarv
193
102
193
102
Edmonton
210
138
215
138
Lethbridge
177
120
177
120
Medicine Hat
195
138
195
138
204
120
204
120
Saskatchewan
Estevan
184
188
185
188
Humboldt
223
207
234
207
Kerrobert
210
155
242
155
Melfort
226
207
242
207
195
174
213
174
Nipawin
226
207
269
207
North Battleford
226
174
245
174
226
207
243
207
Regina
195
192
212
192
210
192
233
192
195
155
217
155
Weyburn
195
188
200
188
Yorkton
210
207
227
207
Manitoba
195
207
216
207
206
187
206
187
From the foregoing table it will be observed that the rates from the
Okanagan Valley are, except in two instances, lower than the present rates
from the Yakima-Wenatchee district. It does not necessarily follow that while
the American rates may have to some degree an influence on the western
Canadian commodity rate structure that the Canadian commodity rates can be
deemed to be competitive rates. In contrast to this alleged Washington
competitive rate influence the Board directs attention to the rates prevailing
to Eastern Canada, to which area the rates from Yakima-Wenatchee and the
Okanagan Valley are to all destination stations in the large Eastern Group A
and B territory on an identical freight rate parity. In the Board's opinion these
rates to Eastern Canada are railway competitive rates. The Board considers
that the Western Canadian commodity rate structure, while it may be influenced
to some extent by the American rates from the State of Washington, is part
615
and parcel of the normal commodity freight rate structure voluntarily estab-
lished by the railways and consequently should be treated as such in evaluating
all such commodity rates in relation to the uniform class rate structure pre-
scribed by the Board.
Rates within Eastern Canada
The rates applicable within Eastern Canada are the classification basis,
i.e., Class 45. It has been stated in evidence however that practically all this
traffic moves by truck or at railway truck competitive rates.
Rates from Eastern to Western Canada
There is a limited movement of traffic from Eastern to Western Canada
under the existing commodity rates, — a total of 46 carloads being reported to
the Board as moving during 1957 via both the Canadian Pacific and Canadian
National Railways.
The following shows the present published rates from Eastern Canada
to the 21 selected western destinations and also the rates under the so-called
"bridge subsidy". The percentage relationship of such rates to the Class 100
rates is also shown.
To
Present Rates
Bridge Subsidy
Class
100
Present
Rate
Per Cent of
Class 100
Class
100
Present
Rate
Per Cent of
Class 100
Alberta
921
349
37
9
881
329
37
3
904
349
38
6
865
329
38
0
886
342
38
6
847
323
38
1
846
326
38
5
809
307
37
9
921
356
38
7
881
336
38
1
Saskatchewan
706
274
38
8
674
257
38
746
297
39
8
712
279
39
2
846
321
37
9
809
302
37
3
Melfort
766
303
39
6
732
285
38
9
746
292
39
1
712
274
38
5
766
303
39
6
732
285
38
9
North Battleford
806
317
39
3
770
298
38
7
786
311
39
6
751
293
39
0
726
284
39
1
693
267
38
5
766
303
39
6
732
285
38
9
Swift Current
786
307
39
1
751
289
38
5
726
284
39
1
693
267
38
5
706
279
39
5
674
262
38
9
706
271
38
4
674
254
37
7
Manitoba
626
249
39
8
597
233
39
0
Winnipeg
576
220
38
2
548
205
37
4
39.0%
38.4%
From the foregoing it will be observed that the level of rates upon which
railway revenue is received (without bridge subsidy) reflects an average of
39% of the Class 100 rates.
From Okanagan Valley to Eastern Canada
As has been previously mentioned the present published rate from the
Okanagan Valley to Eastern Canada is 226 cents (211 cents with bridge reduc-
tion) which approximates 22% of the Class 100 rate. This rate of 226 cents is
constructed in direct relationship to the rate from Yakima-Wenatchee and
616
although not so indicated in the tariff schedule is apparently a competitive
rate issued to meet the competing American rail rate. Competitive rates are
made an exception from the provisions of Section 336 of the Railway Act and
consequently the said rate will not be further considered in respect to the
matter of equalization. The application of this rate will be more fully dealt
with later herein.
DISCUSSION
In summary the commodity freight rate structures before the Board for
consideration with the view to implementing the provisions of Section 336 of
the Act, are the rates from Eastern to Western Canada and the rates applicable
within Western Canada. These rates to the 21 selected western destinations are
set out below together with the percentage relationship to Class 100.
From Eastern Canada
From Okanagan Valley
Destination
Present
Rate
Per Cent
of
Class 100
Present
Rate
Average
Per Cent of
Class 100
Alberta
Calgary
349
37
9
102
40.9
Edmonton
349
38
6
138
41.9
Lethbridge , .
342
38
6
120
40.1
Medicine Hat
326
38
5
138
42.7
Red Deer. . .
356
38
7
120
41.5
Saskatchewan
Estevan
274
38
8
188
39.2
297
39
8
207
43.0
Kerrobert
321
37
9
155
40.5
Melfort
303
39
6
207
41.2
Moose Jaw
292
39
1
174
41.5
303
39
6
207
38.4
North Battleford
317
39
3
174
40.5
Prince Albert
311
39
6
207
41.5
284
39
1
192
43.3
Saskatoon
303
39
6
192
43.3
Swift Current
307
39
1
155
41.2
Wadena
284
39
1
207
40.4
Weyburn
279
39
5
188
41.3
Yorkton
271
38
4
207
39.9
Manitoba
Brandon
249
39
8
207
39.9
Winnipeg
220
38
2
187
32.3
Average
39
0
40.5
This tabulation reveals that the overall percentage relationship of these two
commodity freight rate structures to their respective Class 100 rates are closely
related at the present time. The Board considers that it is not feasible to find
an exact meeting point between these two rate structures and maintain rail-
way revenue. To construct an exact equal percentage relationship to the Class
100 rates would necessitate a minor increase in the rates from Eastern Canada
and a minor reduction in the rates from the Okanagan Valley. The rates within
the West cover an estimated movement of over 33000 carloads annually, while
those from the East covered only a movement of 46 carloads during 1957. It
is apparent therefore that the minor reduction in rates within Western Canada
compared with the minor increase from Eastern Canada would have an adverse
effect on railway revenue. It is evident that an exact meeting point is doubtful
of accomplishment. Under the circumstances the Board is of the opinion that
the said rate structures as they exist at the present time reflect uniformity of
rates as far as is reasonably possible.
617
CONCLUSION
Upon due consideration of all that was submitted the Board finds that
the carload commodity rates applicable on apples and pears within Western
Canada and from Eastern to Western Canada are reasonably uniform in their
general application at the present time and meet the directions of Parliament
as enunciated under Order-in-Council P.C. 1487 and of Section 336 of the
Railway Act. Should the necessity arise for commodity rates within Eastern
Canada at the minimum weight applicable within Western Canada, it is obvious
that such basis should be approximately 40% of the Class 100 rates.
SOFT FRUIT (Peaches, etc.)
The railways' position in respect to the rates on soft fruit within Western
Canada is the same as in regard to hard fruit; i.e. concessions in rates have
been accorded fresh fruit traffic with the view to assisting the industry in the
marketing of its products, and that the existing rate structure was established
following negotiations with applicant with the view to assisting to some degree
the economic conditions of the fruit industry. They also allege that the com-
modity rates in Western Canada at the present time are approximately at the
level requested by applicant.
Applicant requests that the rates on these commodities be constructed on
basis of Class 55 with all origin shipping stations in the Okanagan Valley
including the Kootenay blanketed and the same rate maintained from all origin
stations in the said area. Applicant's recommendation in regard to soft fruit
as contained in Exhibit 12 is quoted hereunder:
"Recommendations in respect to the application of Column Rates for
Commodity Rate Construction have already been outlined in detail in
our submission to the Board of May 25, 1956, and again summarized at the
commencement of this present submission.
FRESH FRUIT: (Including Commodities listed in the Canadian
Classification under Class 70, including Cherries, Apricots, Peaches,
Plums, Prunes and Grapes) Column 55, Min. weight 24,000#.
A recapitulation of shipping point and destination rate blanketing require-
ments for our industry may be of further assistance at this point, together
with an outline of the need for the application of reasonable maximum rate
factors in certain areas.
We are on record as conceding the 1955 modified 100 mile destination
zones as conceived by the railways, provided that seven additional stations
are returned to their previous zoning relationship, namely: Lloydminster,
St. Paul, Wainwright, Saskatoon, Kindersley, Prince Albert and Humboldt.
There may still be room, however, to re-examine the feasibility of 150 mile
destination zoning in this classification before it is finally discarded.
Apart from the Column rates recommended it will be necessary for
carload rates from Washington points to be protected as a maximum.
Rates to Winnipeg, Weyburn and Estevan will need to be perpetuated in
order to be competitive with routing via border points such as Portal, North
Dakota and Noyes, Minnesota."
In support of the above recommendation applicant states that "an examina-
tion of fresh fruit Commodity Rates available elsewhere in Canada reveals that
Ontario shippers enjoy such rates for fresh fruit to points in Western Canada
ranging from about 73% to 81% of maximum Class 70 Rates. These rates,
it should be remembered, are further reduced by benefit of Bridge Subsidy.
618
They are published at minimum weight of 20,000 lbs. — the same as Class
Rates — so that no additional carload revenue is secured by reason of additional
tonnage in the load as compared with the application of Class 70 rates. Com-
modity Rate Structure available within Eastern Canada itself provides Class 55
rates at minimum 20,000 lbs. These, presumably, are the rates referred to in
the Board's memorandum dated November 26, 1957 — Revised Page 5. Here
again, no additional minimum weight tonnage is required over and above
minimum weight for basic Class 70 rates."
The following comments are made concerning the commodity rate struc-
tures which the Board is now required to consider with the view to
implementing uniform commodity rates on soft fruit traffic within Canada.
Rates within Western Canada
The largest portion of British Columbia's soft fruit traffic is marketed in
the Prairie Provinces. To evaluate the general level of freight rates on this
traffic the Board has selected the same 21 destinations for rate comparison
purposes as used in the analysis of hard fruits.
As mentioned the rates within Western Canada are constructed on origin
and destination group formula with the same rate being made applicable from
all stations in the origin group to all stations in the various destination groups.
With the view to ascertaining an approximation of the class level of these
commodity rates the Board's Traffic Department has selected Haynes, Kelowna
and Armstrong as representative shipping stations. The percentage relation-
ship of the present rates to Class 100 from these three origins to the 21 selected
destination stations have been calculated, together with the average percentage
relationship to Class 100. This same information has been calculated for the
basis of rates requested by applicant. The detail of this study follows:
To
Alberta
Calgary
Edmonton
Lethbridge
Medicine Hat. .
Red Deer
Saskatchewan
Estevan
Humboldt.
From
Haynes
Kelowna . . .
Armstrong
Haynes
Kelowna . .
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes —
Kelowna . .
Armstrong
Haynes. .. .
Kelowna. .
Armstrong
Haynes
Kelowna. .
Armstrong
Haynes —
Kelowna. .
Armstrong
Soft Fruit (Peaches)
Class
100
Present
Rate
Per Cent
of Class
100
Average
Per Cent
of Class
100
Request-
ed Rate
Per Cent
of Class
100
Average
Per Cent
of Class
100
276
161
58.3
124
44.9
246
161
65.4
62.8
124
50.4
49 7
226
158
69.9
124
54.9
356
194
54.5
169
47.5
326
194
59.5
58.9
169
51.8
51.3
306
194
63.4
169
55.2
326
161
49.4
147
45.1
296
161
54.4
53.8
147
49.7
49.1
276
161
58.3
147
53.3
346
207
59.8
169
48.8
316
207
65.5
64.8
169
53.5
52.9
296
297
69.9
169
57.1
316
178
56.3
147
46.5
286
178
62.2
61.5
147
51.4
50.8
266
178
66.9
147
55.3
506
224
44.3
192
37.9
476
224
47.1
46.7
192
40.3
40.1
456
224
49.1
192
42.1
506
261
51.6
234
46.2
476
261
54.8
54.5
234
49.2
48.8
456
261
57.2
234
51.3
619
To
From
Class
100
Soft Fruit (Peaches)
Present
Rate
Per Cent
of Class
100
Average
Per Cent
of Class
100
Request-
ed Rate
Per Cent
of Class
100
Saskatchewan
Kerrobert
Melfort
Moose Ja w
Nipawin
North
Battleford
Prince Albert. .
Regina .
Saskatoon .
Swift Current. ,
Wadena .
Weyburn .
Yorkton .
Manitoba
Brandon
Winnipeg. . . .
Average
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes
Kelowna. ..
Armstrong.
Haynes
Kelowna . . .
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes
Kelowna. ..
Armstrong,
Haynes ....
Kelowna. . .
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes
Kelowna. .
Armstrong
Haynes. .. .
Kelowna. .,
Armstrong
Haynes
Kelowna . .
Armstrong
Haynes
Kelowna . .
Armstrong
Haynes
Kelowna. .
Armstrong
Haynes —
Kelowna. .
Armstrong
406
376
366
526
496
486
446
416
396
566
536
516
456
426
406
526
496
476
466
436
416
466
436
416
396
376
356
536
506
496
476
456
436
546
516
496
546
516
506
575
556
261
261
256
261
261
261
239
239
239
261
261
261
261
261
261
261
261
261
239
239
239
261
261
261
228
228
228
261
261
261
224
224
224
261
261
261
239
239
239
224
224
224
64.3
69.4
69.9
49.6
52.6
53.7
53.6
57.5
60.4
46.1
48.7
50.6
57.2
61.3
64.3
52.6
54.8
51.3
54.8
57.5
56.0
59.9
62.7
57.6
60.6
64.0
48.7
51.6
52.6
47.1
49.1
51.4
47.8
50.6
52.6
43.8
46.3
47.2
37.0
38.9
40.3
67.8
51
57.0
48.4
60.8
52.3
54.4
59.4
60.6
50.9
49.1
50.3
45.7
38.7
191
191
191
256
256
256
212
212
212
279
279
279
212
212
212
234
234
234
233
233
233
212
212
212
191
191
191
279
279
279
210
210
210
254
254
254
237
237
237
224
224
224
47.0
50.8
52.2
48.7
51.6
52.7
47.5
51.0
53.5
49.3
52.1
54.1
46.5
49.8
52.2
44.5
47.2
49.2
50.0
53.4
56.0
45.5
48.6
51.0
48.2
50.8
53.7
52.1
55.1
56.3
44.1
46.1
48.2
46.5
49.2
51.2
43.4
45.9
46.8
37.0
38.9
40.3
50.7
54.2
56.5
53.7
45.9
49.0
51.2
It will be observed from the above that the overall average percent to the
Class 100 rates from the Okanagan Valley origin group to the 21 selected
destinations in Western Canada is 53.7%, while under the applicant's requested
basis the overall average is 48.6%.
68363-1—4
620
The same remarks made concerning the Western Canadian commodity rate
structure on hard fruit is pertinent here, and there follows a comparison of the
present rates from Yakima- Wenatchee versus from the Okanagan Valley:
Destination
From
Yakima- Wenatchee
Wash.
From
r\i t t 1 1 _
Okanagan Valley
B.C.
Calgary
201
161
228
194
Lethbridge
192
161
Medicine Hat
210
207
Red Deer
216
178
192
224
Humboldt
264
261
269
261
Melfort
275
261
Moose Jaw
234
239
Nipawin
297
261
North Battleford
279
261
Prince Albert
278
261
233
239
Saskatoon
261
261
Swift Current
234
228
Weyburn
210
224
Yorkton
254
261
Brandon
237
239
Winnipeg
234
224
Here again this rate structure, while same may be influenced by the
American rates from the Yakima-Wenatchee district must be considered as a
normal commodity freight rate level set by the railways and consequently will
be treated as such in evaluating these commodity rates within Western Canada
in relation to the uniform class rate structure prescribed by the Board.
Rates within Eastern Canada
The freight rates applicable within Eastern Canada are Class 55, subject
to minimum weight of 20,000 lbs., established by the railways by . means of
general commodity rate application. The Board has no information as to the
total traffic moving within Eastern Canada under these rates.
Rates from Eastern to Western Canada
There is a limited movement of traffic from Eastern to Western Canada
under the existing commodity rates, a total of 138 carloads being reported to
the Board as moving during 1957 via both the Canadian Pacific and Canadian
National Railways, comprised of 35 cars of Peaches, 14 cars of Plums, 81 cars
of Grapes and 8 cars of Cherries.
621
The following shows the present published rates from Eastern Canada to
the 21 selected western destinations and also the ratts under the so-called
"bridge subsidy". The percentage relationship of such rates to the Class 100
rates is also shown:
To
Present Rates
Bridge Subsidy
Class
100
Present
Rate
Per Cent
of
Class 100
Class
100
Present
Rate
Per Cent
of
Class 100
Alberta
Calgary
921
512
55
6
881
487
55.3
Edmonton
904
512
56
6
865
487
56.3
Lethbridge
886
493
55
6
847
468
55.3
Medicine Hat
846
474
56
0
809
450
55.6
Red Deer
921
521
56
6
881
495
56.2
Saskatchewan
Estevan
706
393
55
7
674
372
55.2
Humboldt
746
427
57
0
712
405
56.9
Kerrobert
846
471
55
7
809
447
55 3
Melfort
766
436
56
9
732
413
56.4
746
420
56
3
712
398
55.9
Nipawin
766
428
55
9
732
406
55.5
North Battleford
806
455
56
5
770
432
56.1
786
446
56
7
751
423
56.3
Regina
726
407
56
1
693
385
55.6
Saskatoon
766
436
56
9
732
413
56.4
Swift Current
786
443
56
4
751
420
55.9
726
407
56
1
693
385
55.6
W"eyburn
706
401
56
8
674
379
56.2
Yorkton
706
389
55
1
674
368
54.6
Manitoba
Brandon
626
346
55
3
597
326
54.6
Winnipeg
576
303
52
6
548
285
52.0
56
1
55.6
From the foregoing it will be noted that the level of rates upon which
railway revenue is received (without bridge subsidy) reflects an average of
56.1% of the Class 100 rates.
From the Okanagan Valley to Eastern Canada.
As mentioned previously the effective published rate from the Okanagan
Valley to Eastern Canada is 242 cents (226 cents with bridge subsidy) which
approximates 23% of the Class 100 rates. This rate is apparently constructed
in direct relationship to the rate from Yakima- Wenatchee and although not so
indicated in the tariff schedule is a competitive rate issued to meet the compet-
ing American rate. Competitive rates are made an exception from the provi-
sions of Section 336 of the Railway Act and consequently the said rate will not
be further considered in respect to the matter of equalization. The application
of this rate will be more fully dealt with later herein.
DISCUSSION
In summary the commodity freight rate structures before the Board for
consideration with the view to establishing a uniform commodity rate level in
Canada on soft fruits, are the rates from Eastern to Western Canada the rates
applicable within Western Canada, and those applicable within Eastern Canada.
68363-1 — 43
622
The rates from Eastern Canada and the rate applicable within Western Canada
to the 21 selected Western destinations are set out below, together with the
percentage relationship to Class 100.
From Eastern Canada
From Okanagan Valley
Present
Per Cent of
Present
Per Cent of
Rate
Class 100
Rate
Class 100
Alberta
Calgary
512
55.6
161
62.8
Edmonton
512
56.6
194
58.9
Lethbridge
493
55.6
161
53.8
Medicine Hat
474
56.0
207
64.8
Red Deer
521
56.6
178
61.5
■'
Saskatchewan
393
55.7
224
46.7
427
57.0
261
54.5
471
55.7
261
67.8
Melfort
436
56.9
261
51 .9
420
56.3
239
57.0
Nipawin
428
55.9
261
48.4
North Battleford
• 455
56.5
261
60.8
Prince Albert
446
56.7
261
52.3
Regina
407
56.1
239
54.4
Saskatoon
436
56.9
261
59.4
Swift Current
443
56.4
228
60.6
Wadena
407
56.1
261
50.9
Weyburn
401
56.8
224
49.1
"V n v lr r\ n
389
55.1
261
50.3
Manitoba
Brandon
346
55.3
239
45.7
Winnipeg
' 303
52.6
224
38.7
56.1
53.7
This tabulation reveals that the overall percentage relationship of these two
commodity freight rate structures to their respective Class 100 rates are on
an approximate uniform level at the present time; the rates from the East
reflecting 56% and those within Western Canada 54%. The rates within
Eastern Canada are 55%. Upon this finding, coupled with the fact that the
origin and destination rate grouping system in Western Canada is, as has been
stated in evidence, necessary and desirable for the industry the Board is of the
view that the freight rate structures here under review are reasonably uniform
at the present time and consequently comply with the principles of equalization
under the national freight rates policy.
CONCLUSION
Upon careful consideration of all that was submitted the Board finds that
the carload commodity rates applicable on fresh fruit classifying rating 70
under Canadian Freight Classification 20 are uniform in their general application
at the present time and meet the directions of Parliament as enunciated under
Order-in-Council P.C. 1487 and of Section 336 of the Railway Act.
623
VEGETABLES (except Potatoes)
The British Columbia Interior Vegetable Marketing Board request that lower
commodity rates (base Class 27 in lieu of base Class 30) be accorded all
vegetable traffic, except potatoes, moving within Western Canada, and that
the carload rate applicable from Ontario to Winnipeg be made the maximum
rate from the Okanagan Valley to all stations in the Province of Manitoba.
Special consideration is also requested in respect to Lloydminster, St. Paul,
Wainwright, Saskatoon, Kindersley, Prince Albert and Humboldt by moving
such destination stations westward one group in the rate structure. It is stated
that for orderly marketing it is desired that all shipping stations in the
Okanagan Valley including the Kootenays be blanketed and the same rate made
applicable therefrom. Applicants' recommendation in respect to vegetables as
contained in Exhibit 12 is quoted hereunder: —
"Recommendations in respect to the application of Column Rates for
Commodity Rate Construction have already been outlined in detail in our
submission to the Board of May 25, 1956 and again summarized at the
commencement of this present submission. (VEGETABLES: (Root and
Green with and without tops) Except Potatoes: Column 27 — at existing
minimum weights) A recapitulation of shipping point and destination rate
blanketing requirements for our industry may be of further assistance at
this point, together with an outline of the need for the application of
reasonable maximum rate factors in certain areas.
VEGETABLES: (Root and Green with and without tops) Here again we
are prepared to accept the modified 100 mile destination zoning plan of
the railways provided the seven stations previously named are moved
westward one zoning. Apart from the Column rates recommended it will
be necessary for carload rates from Ontario to act as a maximum to Winni-
peg, and we feel that these same rates should be applied as a maximum
factor to all stations in the Province of Manitoba in the light of dwindling
B.C. vegetable tonnage to such stations in the last few years."
The railways allege that the existing commodity rate structure within
Western Canada was established following negotiations with applicant and was
set up to meet the marketing needs of the vegetable industry of that area.
The railways maintain that the commodity rates on vegetables within Western
Canada are, at the present time, approximately on the level requested by
applicant.
The following comments are made concerning the commodity rate structures
that the Board is now required to consider with the view to implementing
uniform commodity rates on vegetable traffic within Canada.
Rates within Western Canada
The principal domestic market for British Columbia vegetables is the
Prairie Provinces. To evaluate the general level of the existing commodity
rates on this traffic the Board has' selected the same 21 destinations for rate
comparison purposes as used in respect to hard and soft fruits.
As previously stated the rates within Western Canada are constructed by
the use of Class 30 rates from one large origin group to 100-mile destination
groups for all fresh or green vegetables. While this class is used as a base
624
for the construction of the commodity rates, the commodity rates from the more
distant shipping stations in the origin group reflect a lower level than this class,
while the rates from some less distant points in the origin groups do not exceed
the maximum of the Class 30 rates. Consequently it follows that the present
commodity rates reflect a lower overall level of rates in relation to Class 100
than Class 30. With the view to ascertaining an approximation of the overall
level of commodity rates the Board's Traffic Department has adopted the same
procedure as in respect to the hard and soft fruit and selected Haynes, Kelowna
and Armstrong as shipping stations and the percentage relationship of the
present rates to Class 100 from these three origin stations to the 21 selected
destination stations have been calculated together with the average percentage
relationship to Class 100. This same information has been calculated for the
basis of rates requested by applicant. The detail of this study follows.
To
Alberta
Calgary
Edmonton. .
Lethbridge.
Medicine Hat.
Red Deer.
Saskatchewan
Estevan
Humboldt
Kerrobert
Melfort
Moose Jaw
Nipawin
North
Battleford
VEGETABLES
From
Class
100
Present
Rate
Per Cent
of
Class 100
Average
Per Cent
of
Class 100
Request-
ed
Rate
Per Cent
of
Class 100
Average
Per Cent
of
Class 100
Haynes
276
68
24.6
61
22.1
Kelowna
246
68
27.6
27.3
61
24.8
24.5
Armstrong —
226
68
30.1
61
27.0
Haynes
356
92
25.8
83
23.3
Kelowna.. ....
326
92
28 2
27.9
83
25.5
25.2
Armstrong —
306
92
30.1
83
27.1
Haynes
326
80
24.5
72
22.1
Kelowna . .
296
80
27.0
26.7
72
24.3
24.1
Armstrong
276
80
29.0
72
26.1
Havnes
346
92
26.6
83
24.0
Kelowna .
316
92
29.1
28.5
83
26.3
26.0
Armstrong
296
89
30.1
83
28.0
Haynes
316
80
25.3
72
22.8
Kelowna
286
80
28.0
27.7
72
25.2
24.9
Armstrong —
266
80
30.1
72
27.1
Haynes
506
140
27.7
125
24.7
476
140
29.4
29.0
125
26.3
26.1
Armstrong. .
456
137
30.0
125
27.4
Haynes
506
140
27.7
115
22.7
476
140
29.4
29.0
115
24.2
24.0
Armstrong.. . .
456
137
30.0
115
25.2
Haynes
406
104
25.6
93
22.9
Kelowna
376
104
27.7
27.2
93
24.7
24.3
Armstrong
366
104
28.4
93
25.4
526
140
26.6
125
23.7
Kelowna
496
140
28.2
27.9
125
25.2
24.9
Armstrong
486
140
28.8
125
25.7
Haynes
446
115
25.8
104
23.3
Kelowna
416
115
27.6
27.4
104
25.0
24.8
Armstrong —
396
115
29.0
104
26.3
566
152
26.9
137
24.2
25.4
Kelowna
536
152
28.4
28.2
137
25.6
Armstrong
516
152
29.5
137
26.6
Haynes
456
115
25.2
104
22.8
24.2
Kelowna
426
115
27.0
26.8
104
24.4
Armstrong
406
115
28.3
104
25.6
625
To
Saskatchewan
Prince Albert.. .
Regina.
Saskatoon.
Swift Current..
Wadena
Weyburn ....
Yorkton
Manitoba
Brandon
Winnipeg
Average
From
Class
100
VEGETABLES
Present
Kate
i or v_^ent
of
Class 100
Average
Per Cent
of
Class 100
Request-
ed
Rate
Per Cent
of
Class 100
Average
Per Cent
of
/^il „ 1 f\f\
Class 100
526
140
oa a
ZD . D
1 10
21
9
Kelowna
496
140
28.2
28.0
115
23
2
23.0
Armstrong
476
140
29.4
115
OA
Z4
Z
466
lzo
Zl . 0
1 1 K
110
24
7
436
128
29.4
28.9
115
26
4
26.2
Armstrong —
416
125
30.1
115
07
Zl
7
i
TTq irtlAQ
466
128
Zl . 0
1 l\A
1U4
22
3
Kelowna
436
128
29.4
28.9
104
23
9
23.7
Armstrong
416
125
30.1
104
01
zo
n
U
oyo
1 f\A
1U4
or o
ZD. a
no
yo
23
5
Kelowna
376
104
27.7
27.7
93
O/l
Z4
7
1
24.7
Armstrong —
356
104
29.2
93
26
1
536
1 KO
LOZ
99. A.
Zo . 4
1 9.7
Lot
01
zo
D
Kelowna
506
152
30.0
29.5
137
27
1
26.7
Armstrong
496
149
30. 0
i ii
Lot
27
6
Havnes
476
1 OQ
IZo
OR O
zo . y
1 1 K
110
OA
o
Kelowna.. ....
456
IZo
OQ 1
Zo . 1
OO 1
Zo . 1
11C
110
25
2
25.2
Armstrong
436
128
29.4
115
26
4
Haynes
546
1 KO
ioz
07 Q
Zl .o
1 Q7
lot
25
1
516
1 KO
10Z
OQ 1
zy . o
on 1
zy . 1
1 Q7
16/
26
6
OR A
ZD . 4
Armstrong
496
149
30.0
137
27
6
TTq vn^Q
546
152
27.8
137
25
1
Kelowna
516
152
29.5
29.1
137
26
6
26.2
Armstrong —
506
152
30.0
137
27
1
Haynes
606
164
27.1
144
23
8
Kelowna
576
164
28.5
28.3
144
25
0
24.9
Armstrong
556
164
29.5
144
25
9
Kelowna
Armstrong
26.7
28.6
29.6
28.2
23.7
25.3
26.4
25.1
It will be noted from the foregoing table that the average per cent to the
Class 100 rates of the present commodity rates is 28% while on applicants'
requested rates it is 25%.
Rates within Eastern Canada
The rates applicable within Eastern Canada are the Classification basis of
Classes 30 and 45 — see chapter 2. No information has been furnished to the
Board as to the total volume of traffic moving within Eastern Canada under
these rates. In the circumstances the Board considers such classification rates
being presently equalized as a maximum level of rates, is not pertinent in these
proceedings in the formulation of uniform commodity rates.
Rates from Eastern to Western Canada
The table on the next page shows the present published commodity rates
on fresh or green vegetables from Eastern Canada to the 21 selected Western
Canadian destinations, together with the percentage relationship of such rates
to the Class 100 rates.
626
From Okanagan Valley to Eastern Canada
Commodity rates are published by the railways which reflect an average
per cent of 32.5 and 34.3 of the existing Class 100 rates, viz:
To Eastern Canada
From
Classification Basis
Commodity Rate
Class 45
Class 30
Commodity
Rate
Minimum
Weight
Average
Per Cent of
Class 100
Okanagan Valley
Haynes BC
Kelowna BC
Armstrong BC
Haynes BC
Kelowna BC
Armstrong BC
486
471
471
486
471
471
324
314
314
324
314
314
344
344
344
363
363
363
27500 lbs.
24000 lbs.
32.5%
34.3%
The commodity description in respect to the above commodity rates is
designated in the railway tariff as "Fresh Vegetables". It will be noted from
the above that the commodity rates are higher than the Class 30 rates and
consequently the said commodity rates would have application only in respect
to the fresh vegetables classified in the Canadian Freight Classification at
Class 45 rating.
627
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628
DISCUSSION
In summary the commodity freight rate structures before the Board for
review with the view to implementing the provisions of Section 336 of the
Railway Act are those from Eastern to Western Canada; from the Okanagan
Valley to Eastern Canada; and within Western Canada.
The first matter for determination is the matter of uniformity of com-
modity description and minimum carload weights. Under the Canadian Freight
Classification there are two ratings applicable on fresh or green vegetables, —
see chapter 2. Class 45 has application to those vegetables that will be
termed herein as "fresh" vegetables and Class 30 to what will be termed
"green" vegetables. This differentiation has been carried into the commodity
rate structure from Eastern to Western Canada and also to some extent from
the Okanagan Valley to Eastern Canada. From the Okanagan Valley to
Western Canadian destinations no differentiation is made, — the commodity rates
are applicable on all "fresh" or "green" vegetables. This inclusive general
commodity description has been in the railways' western tariff schedules since
1925. It does not appear that a disturbance of a general commodity application
of such long standing is now warranted, for to do so, might result in further
serious marketing difficulties for the vegetable industry of that area. On the
other hand uniformity of commodity description and minimum carload weights
thereon is desirable as far as is reasonably possible and consequently considera-
tion must be centred on the commodity rate application from Eastern to
Western Canada.
Reference to the rate table immediately preceding will indicate there are
three levels of commodity rates in effect on vegetables. The first commodity
rate tabulation has application to "fresh" vegetables, at minimum weight of
20000 lbs. and it will be noted that the said commodity rates are close to the
classification basis of 45% of the Class 100 rates. The second commodity rate
tabulation has application to "green" vegetables at minimum weight of 24000
lbs. and the commodity rates thereon are in the main at, or approximately at,
the classification basis of 30% of the class 100 rates. The Board considers that
due to the proximity of these two commodity rate levels to the present classifica-
tion basis such commodity rates could be cancelled without any undue burdens
being placed upon the industry.
Commodity rates applicable on "green" vegetables subject to minimum car-
load weight of 36,000 lbs. are also shown on the rate table mentioned. These
commodity rates average 24.6% of the Class 100 rates. It is considered that in
order to achieve uniformity with the general vegetable rate application within
Western Canada the present restrictive commodity coverage of the Eastern to
Western Canada rates should be enlarged to include all fresh or green vegetable
classifying Class 45 and Class 30 in the Canadian Freight Classification and made
subject to a carload minimum weight of 36,000 lbs. In respect to the general
vegetable commodity description and minimum carload weights applying within
Western Canada it is considered that the classification commodity description
at minimum carload weight of 36,000 lbs. be also adopted in respect to vegetable
rates applying within the area.
629
We come now to a consideration of the commodity rate levels applying
from Eastern Canada and the Okanagan Valley to Western Canada with the
view to creating uniformity in the application of such rates. These rates are
shown below together with the percentage relationship of such rates to Class 100.
From Eastern Canada
From Okanagan Valley
To
Present
Rate
Per Cent of
Class 100
Present
Rate
Average
Pot* r\>r> f r>f
x er oeni oi
r^inoa inn
oiass iuu
Alberta
Calgary
zuu
91
Z 1
7
Oo
97 ^
Z t . O
Edmonton
ZUO
99
Q
o
Q9
97 Q
Lethbridge
zuu
22
6
OU
9fi 7
Medicine Hat
1 Q9
iyz
22
7
Q9
yz
952 ^
Red Deer
ZUO
99
ZZ
OU
97 7
Saskatchewan
Estevan
175
24
8
140
29.0
Humboldt
26
0
9Q n
zy . u
Kerrobert
ZUO
24
2
97 9
Melfort
200
26
1
140
27.9
Moose Jaw
181
24
3
115
27.4
Nipawin
199
26
0
152
28.2
North Battleford
202
25
1
115
26.8
Prince Albert
202
25
7
140
28.0
Regina
181
24
9
128
28.9
Saskatoon
200
26
1
128
28.9
188
23
9
104
27.7
Wadena
192
26
4
152
29.5
Weyburn
181
25
6
128
28.1
Yorkton
175
24
8
152
29.1
Manitoba
Brandon
163
26
0
152
29.1
Winnipeg
157
27
3
164
28.3
Average
24
6
28.2
It will be observed from the above that the rates from Eastern Canada are
24.6% of the Class 100 rates, while the commodity rates from the Okanagan
Valley reflect an average of 28.2%. There is room here for adjustment of the
rates to a common basic level, and it is considered that 26% of the Class 100
rates should be adopted as a basic level for commodity rates on fresh and green
vegetables subject to minimum weight of 36,000 lbs. Due to the origin and
destination rate grouping formula which has been recognized as desirable for
the vegetable industry of Western Canada the basis herein suggested must be
superimposed upon the existing rate structure, as contrasted to the substitu-
tion of Class 26 in lieu of the existing commodity rates from Eastern to Western
Canada. This suggested adjustment in the rates constitutes a 7.5% reduction
in the present rates on fresh and green vegetables within Western Canada and
a 5.8% increase in the existing commodity rates applying from Eastern to
Western Canada.
CONCLUSION
Upon consideration of all that was submitted, the Board directs that the
commodity rates on fresh or green vegetables classifying Class 45 and Class 30
in the Canadian Freight Classification as authorized in Canadian Freight Associa-
tion's Tariff 5- J, Agent R. K. Watson's CTC 1515 be withdrawn and cancelled;
630
and that the commodity description published in Item 7185, 7188 and 7190 of the
same said tariff be amended to apply on fresh or green vegetables, classifying
Class 30 and Class 45 in the Canadian Freight Classification.
The Board also directs that the rates published in Item 7185, 7188 and 7190
on fresh or green vegetables be fixed at 26% of the Class 100 rates; and that
the present commodity rates on fresh or green vegetables published in Item
136-B of Canadian Pacific Railway Tariff W.22-B, C.T.C. 4016 and Item 26-B
of Canadian National Railways Tariff 306-C, C.T.C. 2045 be reduced by seven
and one-half (7£) per cent.
Should the necessity arise in Eastern Canada for rates on carloads of fresh
or green vegetables at a minimum weight of 36,000 lbs. they should be published
on the same basis of 26% of the Class 100 rates.
7. JUST AND REASONABLE RATES
The applications before the Board are basically for a general reduction in
the freight transportation costs of the fruit and vegetable industry of British
Columbia. It is stated production trends and mounting costs together with
increasing marketing and distribution problems are restricting the normal
marketing of their products and that freight rate relief should be accorded the
industry by the establishment of reasonable freight rates.
It must here be pointed out that the Board is created by statute, the Railway
Act, and is limited in its functions to the powers which that Act provides. It
has no power to adjust freight rates for purposes of equalizing costs of produc-
tion or geographical, climatic or economic conditions. Each locality however is
entitled to reasonable and just rates by the railway serving it. By a series of
decisions it has been held that just and reasonable rates means rates reasonable
and just not only from the standpoint of the producer but also of the railway.
The Board's powers as set out in the Railway Act in the matter of freight
rates concerns those matters which fall under the broad categories of reason-
ableness and unjust discrimination. The railways subject to the inhibitions
as to reasonableness and unjust discrimination may grant freight rate adjust-
ments to assist and develop traffic. The railways take the responsibility of the
profit or loss in connection with such transactions, and the Board's intervention
must, as has been indicated, be concerned with reasonableness and unjust
discrimination and not with the policy of assisting industry through rate
adjustments.
There follows a review of the past and present freight rates accorded hard
and soft fruit from the Okanagan Valley to representative destinations in
Western Canada in effect in 1949, 1955 and at present. Also shown are the
rates requested.
Destination
August
August
Present
Requested
1949
1955
Rate
Rate
Hard
Fruit
Alberta
Calgary
71
92
102
87
Lethbridge
86
108
120
101
Red Deer
86
108
120
101
Edmonton
92
124
138
117
Medicine Hat
98
124
138
117
631
Destination
August
August
Present
Requested
1949
1955
Rate
Rate
Hard
Fruit
Saskatchewan
Swift Current
105
140
155
132
Kerrobert
105
140
155
132
Moose Jaw
115
157
174
147
North Battleford
115
157
174
147
Saskatoon
115
173
192
147
126
180
207
162
Prince Albert
126
180
207
162
Regina
126
173
192
162
126
173
188
162
Estevan
134
180
188
178
Melfort
134
180
207
178
134
180
207
192
Wadena ,
134
180
207
192
Yorkton
142
180
207
192
Manitoba
Brandon
142
180
207
192
Winnipeg
149
180
187
187
Increase over 1949
33.6%
49.2%
29.5%
Soft Fruit
Alberta
Calgary
105
145
161
124
126
145
161
147
Red Deer
126
160
178
147
Edmonton
133
175
194
169
Medicine Hat
144
185
207
169
Saskatchewan
Swift Current
159
205
228
191
Kerrobert
159
235
261
191
Moose Jaw
171
211
239
212
North Battleford
171
235
261
212
Saskatoon
171
235
261
212
Humboldt
185
235
261
234
Prince Albert
185
235
261
234
185
211
239
233
185
200
224
210
Estevan
200
200
224
192
Melfort
200
235
261
256
Nipawin
200
235
261
279
Wadena
200
235
261
279
Yorkton
211
235
261
254
Manitoba
Brandon
211
211
239
237
Winnipeg
224
200
224
224
Increase over 1949
19.5%
33.3%
20.7%
It will be noted from the foregoing that the present rates on hard fruits
reflect an increase of approximately 49% over the rates established in 1949, and
soft fruit approximately 33%. The requested rates represent an increase of
approximately 30% and 21% respectively over the rates of 1949.
632
The Board has since August 1949 authorized increases in freight rates
generally within Canada totalling 81.7%. These authorized increases are:
Order 73123— September 24, 1949
Order 74034— March 1, 1950
Order 74512— May 25, 1950
Order 76886— July 4, 1951
Order 78164— January 25, 1952
Order 80462— December 20, 1952
Order 80965— March 6, 1953
Order 89030— June 18, 1956
Order 90447 — December 17, 1956
8%
16%
20%
12%
17%
9%
7%
7%
11%
in lieu of above
in lieu of above
8%
16%
in lieu of above 12%
in lieu of above 7%
100.0
108.0
116.0
120.0
134.4
140.4
153.0
163.7
175.1
181.7
Having regard to the fact that the total authorized increases as above
mentioned have not been assessed on hard and soft fruit traffic here under
review, it would appear reasonable consideration has been given to the economic
position of the industry. The railways by granting within their managerial
discretion the freight rate adjustment of August 1955 have in effect removed
from the industry a substantial portion of the above noted authorized increases.
With this pertinent fact before us it is difficult for the Board to now find that
the existing commodity rates on hard and soft fruit traffic moving within
Western Canada are unreasonable.
Applicant also requests in respect to the hard fruit and vegetable rates
that seven destination stations in Western Canada; viz, Lloydminster, St. Paul,
Wainwright, Saskatoon, Kindersley, Prince Albert and Humboldt, be moved
westward one rate destination group because of the proximity of such points
to the lower rated next west destination group. Applicant points to an
anomalous rate situation created in 1955 by the establishment of the 100-mile
destination groups whereby the 100-mile boundary line fell between Battleford
and North Battleford and allege that the North Battleford Board of Trade took
steps to protest this discrimination following which the railways accorded North
Battleford the same rates as applicable to Battleford. Applicant submits there
is every justification to expand this adjustment to embrace the seven destination
points mentioned.
The Board desires to state that the adjustment in the rates to North Battle-
ford to which applicant has reference was made by the railways entirely within
their discretionary powers. Such action, being a departure from the negotiated
commodity rate structure, appears to have been taken in order to remedy an
anomalous rate situation. It cannot be held in respect to the seven destinations
mentioned that unjust discrimination is created by the establishment of the
negotiated grouping system for the commodity rate structure. Boundaries of
groups based on distance must necessarily break at some particular station and
the fact that the stations mentioned by applicant are in his opinion in close
proximity to such boundaries is not in itself a sound reason for granting such
points the lower level of rates applying to the next westward group. To adopt
such a practice in all these instances would defeat the grouping formula agreed
upon with the resultant breakdown of the commodity rate structure. '
CONCLUSION
Upon careful consideration of all that was submitted the Board does not
consider that the present rates on hard and soft fruit are unreasonable or that
unjust discrimination or undue preference exists with respect thereto. Con-
sequently the application as it concerns the request for reduction in freight
rates on hard and soft fruit traffic within Western Canada must be, and is
hereby, denied.
633
BRIDGE SUBSIDY
The Board in promulgating the directions contained in General Order 833
in respect to the application of the "Bridge Subsidy" had determined that it
would not be warranted in applying the reduction to traffic that had been
granted a competitive rate. That this is a proper conclusion to reach is sup-
ported by the fact that a competitive rate should not be lower than the
competition demands. To further reduce such rate would create a preferential
condition not warranted by the circumstances. Likewise to allow a portion
of the subsidy funds to apply in such circumstances means that traffic not
subject to the influence of competition would be deprived of its full benefit.
Mention has been made that the commodity rate on apples and pears
applicable from the Okanagan Valley to Eastern Canada is related to the rate
applicable from the State of Washington and apparently was established to
maintain the competitive position of the British Columbia producers in the
eastern markets.
On August 28, 1951, the carload rate on apples and pears from Yakima-
Wenatchee, Wash., and the rate from the Okanagan Valley in British Columbia
to Toronto and Montreal were on a parity — 198 cents per 100 lbs.
Effective May 2, 1952, the Yakima-Wenatchee rate was increased 6 cents
under Ex Parte 175 and shortly thereafter on May 19 the Okanagan rate was
also increased 6 cents. Under Ex Parte 196 the Yakima-Wenatchee rate was
again increased 6 cents per 100 lbs. effective March 7, 1956 and the Okanagan
rate was similarly increased on March 12.
On December 28, 1956 the Yakima-Wenatchee rate became 217 cents
under the Ex Parte 206 increase and the Okanagan rate followed suit on
January 1, 1957. Effective August 26, 1957 the Yakima-Wenatchee rate was
further increased under Ex Parte 206 with the Okanagan rate maintaining
parity on September 12, 1957.
Effective February 15, 1958 both rates were at parity at 226 cents per
100 lbs. having been increased under Ex Parte 212.
The rate from the Okanagan Valley is not designated as a competitive rate
in the railways' tariff schedule and consequently has been receiving the benefit
of the "bridge subsidy" reduction under the application of Canadian Freight
Association Tariff 76-B, Agent Watson's C.T.C. 1493 and Agent Mitchell's
C.T.C. 610 since May 1, 1952. The application of this "bridge subsidy" reduces
the present rate from the Okanagan Valley to 211 cents per 100 lbs.
On soft fruit a rate of 344 cents per 100 lbs. subject to minimum weight of
27,500 lbs. is provided from the Okanagan Valley to Eastern Canada. This
rate has also been made subject to the application of the "bridge subsidy"
thereby reducing the said rate to 324 cents per 100 lbs. This rate however
would appear to be of doubtful material value in that a rate of 226 cents
subject to a minimum weight of 30,000 lbs. is available to shippers for the
movement of Apricots, Cherries, Peaches, Plums and Prunes.
On July 31, 1957, and prior thereto, the carload rate on soft fruit from
Yakima-Wenatchee to Eastern Canada was 217 cents per 100 lbs., subject to a
minimum weight of 30,000 lbs. On this date the Canadian railways published
from the Okanagan Valley to Eastern Canada a rate of 233 cents subject to the
bridge subsidy, making the rate payable by shippers 217 cents, thus placing the
shippers of the Okanagan Valley at rate parity with the shippers in the Yakima-
Wenatchee district.
634
Effective August 26, 1957 the Yakima- Wenatchee rate was increased 4 cents
to 221 cents under Ex Parte 206-A. Shortly thereafter on September 12, 1957
the Okanagan rate of 233 cents per 100 lbs. was also increased 4 cents, which
new rate subject to the bridge subsidy reduction met the Yakima-Wenatchee
rate of 221 cents.
Effective February 15, 1958 the Yakima-Wenatchee rate was increased 5
cents to 226 cents under Ex Parte 212 and on June 23, 1958 the Okanagan rate
was also increased 5 cents to 242 cents, which rate being subject to the bridge
subsidy again met the Yakima-Wenatchee rate of 226 cents.
The Board is of the opinion that if it is the desire of the railways to accord
shippers of the Okanagan Valley parity of rate application with the shippers
of the Yakima-Wenatchee district to the Eastern Canadian market that such
rate parity application should not be made through the medium of the bridge
subsidy but by means of competitive tariff application.
CONCLUSION
The Board finds that the carload freight rate on apples and pears from the
Okanagan Valley to Eastern Canada published in Item 140-L of Canadian
Freight Association Tariff 103-R, Agent Mitchell's C.T.C. 621, which is main-
tained on a parity with like rate from Yakima-Wenatchee to Eastern Canada
is a competitive rate within the meaning of General Order 833 and consequently
should be so designated in the freight tariff schedule mentioned.
The Board also finds that the carload freight rate on Apricots, Cherries,
Peaches, Plums and Prunes from the Okanagan Valley to Eastern Canada
published in Item 155-D of Canadian Freight Association Tariff 103-R, Agent
Mitchell's C.T.C. 621, subject to the application of Canadian Freight Association
Tariff 76-B, Agent R. K. Watson's C.T.C. 1493 and Agent G. H. Mitchell's C.T.C.
610, is a competitive rate and consequently should be designated as such in the
freight tariff schedule above mentioned.
COMMODITY RATES ON POTATOES
The Board, in its Judgment dated September 18, 1957, dealt with the matter
of commodity mileage scales of rates on potatoes. Its findings in those
proceedings follow:
"The railways propose that the classification basis apply on this
commodity, i.e., class 30 subject to minimum weight of 30,000 lbs. The
railways stated if they 'attempted to make a new uniform scale based on
some relation to the existing Eastern and Western scales, we would come
out with probably a uniform scale that in many instances would exceed
the class 30; so we concluded that as there was not in any event a great
deal of difference between the class rates and the mileage commodity rates,
we should cancel the mileage scales and allow the class rates to apply'.
The Canadian Fruit Wholesalers' Association suggested that the exist-
ing Western scale be adopted, on the grounds that the western mileage
scale was used extensively, whereas only a limited movement was made
on the Eastern mileage scale, and the adoption of the lower Western scale
with its higher minimum weight would encourage the movement of traffic
in Eastern Canada for rail movement.
635
The railways have recently filed with the Board written submissions
stating their study of the matter indicates that there would be little, if any
additional traffic handled by the railways at the suggested rates; the net
result would only be a further depletion of railway revenues in addition
to the reduction consequent upon the publication of the new class rates
which, in many cases, have taken the place of the former mileage com-
modity rates. Under these circumstances the railways were not prepared
to amend their proposal as presented to the Board. No answer to this
submission of the railways has been received from the Canadian Fruit
Wholesalers' Association.
Upon due consideration the Board approves the railways' proposal of
cancelling the existing commodity mileage scales of rates."
Under the present proceedings the matter of specific commodity rates,
applicable on potatoes, has been raised and the Board is required to now con-
sider the applications of these specific commodity rates.
The British Columbia Interior Vegetable Marketing Board requests that
the rates on potatoes from the Okanagan Valley to Western Canada be con-
structed by the use of Class 24 in lieu of Class 30 as at present, subject to
minimum carload weight of 40,000 lbs. Applicant desires the maintenance of
the same origin and destination grouping formula as prevails in respect to the
vegetable commodity rate structure. In support of this request they draw
attention to the level of rates prevailing between Eastern and Western Canada.
There are no specific carload commodity rates in effect on potatoes between
points in Eastern Canada, the classification basis of Class 30, minimum carload
weight of 30,000 lbs. applying thereon. Between points within the prairie
provinces of Manitoba, Saskatchewan and Alberta, the classification basis of
Class 30 also has application to this traffic.
From the Okanagan Valley to the prairie provinces, specific commodity
rates are published which, under the origin and destination rate grouping
formula adopted, reflect 26.5% of the Class 100 rates. The following table
illustrates the present general rate structure prevailing from the Okanagan
Valley to Western Canada. Also shown in this table are the requested rates
which, it will be noted, reflect 22.3% of the Class 100 rates. These commodity
rates are subject to minimum carload weight of 40,000 lbs.
From
Class
100
POTATOES
Present
Rate
Per Cent
of
Class
100
Average
Per Cent
of
Class 100
Request-
ed Rate
Per Cent
of
Class
100
Average
Per Cent
of
Class 100
Hay nes
276
68
24.6
54
19.6
Kelowna
246
68
27.6
27.3
54
22.0
21.7
Armstrong —
226
68
30.0
54
23.9
Havnes
356
92
25.8
73
20.5
Kelowna
326
92
28.2
27.9
73
22.4
22.2
Armstrong
306
92
30.0
73
23.9
Hay nes
326
80
24.5
64
19.6
Kelowna
296
80
27.0
26.7
64
21.7
21.4
Armstrong
276
80
29.0
64
23.2
Hay nes
346
92
26.6
73
21.1
Kelowna
316
92
29.1
28.5
73
23.1
22.9
Armstrong
296
89
30.0
73
24.7
Havnes
316
80
25.3
64
20.3
Kelowna
286
80
28.0
27.6
64
22.4
22.1
Armstrong
266
80
30.0
64
24.1
To
Alberta
Calgary. . .
Edmonton.
Lethbridge
Medicine Hat.
Red Deer.
636
To
Saskatchewan
Estevan
Humboldt
Kerrobert
Melfort
Moose Jaw
Nipawin
North Battle-
ford
Prince Albert.
Regina.
Saskatoon.
Swift Current. ...
Wadena
Weyburn ....
Yorkton
Manitoba
Brandon
Winnipeg. . . .
Average .
From
Haynes —
Kelowna. ..
Armstrong.
Haynes —
Kelowna. ..
Armstrong.
Haynes —
Kelowna. ..
Armstrong.
Haynes —
Kelowna. ..
Armstrong.
Haynes —
Kelowna. ..
Armstrong.
Haynes —
Kelowna. ..
Armstrong,
Haynes
Kelowna . . .
Armstrong.
Haynes —
Kelowna. ..
Armstrong,
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes
Kelowna . . .
Armstrong
Haynes
Kelowna. ..
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna . . .
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna. ..
Armstrong
Haynes —
Kelowna. ..
Armstrong.
POTATOES
Class
Per Cent
Average
Per Cent
Average
100
Present
of
Per Cent
Request-
of
Per Cent
of
Ol
fcJLL XVdUtJ
\_yldbb
100
Class 100
V^ltXOO X\J\J
100
nin s« 1 no
506
131
25.9
112
22 1
476
131
27!5
27.3
112
23^5
23.4
456
131
28.7
112
24.6
506
123
24.3
102
20 2
476
123
25!8
25.7
102
2L4
21.3
456
123
27.0
102
22.4
406
104
25.6
83
20.4
376
104
27.7
27.2
83
22! 1
21.7
366
104
28.4
83
22.7
526
131
24.9
112
21 .3
496
131
26^4
26.1
112
22!6
22.3
486
131
27.0
112
23.0
446
115
25 8
93
20.9
416
115
27^6
27.4
93
22^4
22.2
396
115
29.0
93
23.5
566
131
23. 1
121
21.4
536
131
2AA
24.3
121
22^6
22.4
516
131-
25.4
121
23.4
456
115
25.2
93
20.4
426
115
27^0
26.8
93
2L8
21.7
406
115
28.3
93
22.9
526
123
23.4
102
19 4
496
123
24 '.8
24.6
102
20^6
20.4
476
123
25.8
102
21.4
466
123
26.4
102
21.9
436
123
28^2
28.0
102
23^4
23.2
416
123
29.6
102
24.5
466
119
25.5
93
20.0
436
119
27!3
27.1
93
2L3
21.2
416
119
28.6
93
22.4
396
104
26.3
83
21.0
376
104
27.7
27.7
83
22! 1
22.1
356
104
29.2
83
23.3
536
131
24 4
121
22.6
506
131
25^9
25.6
121
23^9
23.6
496
131
26.4
121
24.4
476
123
25.8
102
21.4
456
123
27^0
27.0
102
22^4
22.4
436
123
28.2
102
23.4
546
138
25.3
121
22.2
516
138
26^7
26.6
121
23^4
23.3
496
138
27.8
121
24.4
546
138
25.3
121
22.2
OlO
loo
9fi 7
^o . i
26 4
121
23.4'
23.2
OUO
loo
97 "i
at . o
121
24 0
OUO
142
23 4
131
21.6
576
142
2A.7
24.5
131
22>
22.6
556
142
25.5
131
23.6
25.0
21.1
26.7
26.5
22.5
22.3
27.9
23.5
637
From Western Canada (Manitoba, Saskatchewan and Alberta) to Eastern
Canada specific commodity rates are published on potatoes subject to a minimum
weight of 40,000 lbs. From Eastern Canada to Manitoba, Saskatchewan and
Alberta specific commodity rates are published subject to a minimum weight
of 30,000 lbs., with an alternate lower level of specific commodity rates at a
higher minimum carload weight of 40,000 lbs. These commodity rates are set
out hereunder with a comparison of the classification basis of Class 30 rates.
Also shown is the percentage relationship of these commodity rates to the
Class 100 rates.
Origin
and
Destination
v la. "3 5)
<5U
From Eastern
Canada
Between Eastern
Canada and Western
Canada
Minimum wei°
30,000 Lbs.
ht
Minimum wreight
40,000 lbs.
Rate
Per Cent of
Class 100
Rate
Per Cent of
Class 100
Ho
169
29
3
149
25.9
Portage la Prairie
1 7Q
181
30
4
154
25.8
Miniota
ly-t
192
29
7
162
25.1
Melville
Sask.
205
29
9
169
24.6
Nokomis
91 Q
Zlo
219
30
2
184
25.3
994.
219
29
4
189
25.3
Saskatoon
ZoU
225
29
4
189
25.3
919
233
28
9
198
24.6
Edmonton
. . . Alta.
271
253
28
0
199
22.0
Canora
Sask.
01 o
Z1Z
213
30
2
169
24.0
Wadena
91 8
Zlo
213
29
3
184
25.3
Muenster
991
219
29
4
185
24.8
Humboldt
991
219
29
4
185
24.8
Warman
ZoU
225
29
4
191
24.9
North Battleford
919
Z4Z
233
28
9
192
23.8
Lloyd minster
Alta.
9^1
239
28
3
198
23.4
Brandon
Man.
1 88
loo
189
30
2
157
25.1
. . . . Sask.
91 8
Zlo
213
29
3
172
23.7
Davidson
ZoU
225
29
4
184
24.0
Indi
930
ZoU
225
29
4
191
24.9
Dundurn
9"?n
225
29
4
191
24.9
MacDowell
ZoO
230
29
3
192
24.4
Clouston
«
ZOO
230
29
3
192
24.4
Prince Albert
ZoO
230
29
3
192
24.4
Gypsumville
, . Man.
1 01
192
30
2
162
25.5
Hodgson
1
loo
185
30
0
157
25.5
Emerson
1 7 A
I/O
169
28
8
154
26.3
tt
1 7n
i <y
181
30
4
154
25.8
Hartney
1 Ql
iyi
192
29
7
162
25.1
Virden
1 Ql
iyi
192
29
7
168
26.0
Holmfield
tt
1 88
loo
189
30
2
157
25.1
Deloraine
1 C\A
iy4
192
29
7
162
25.1
Carberry
1 8K
loO
185
30
0
157
25.5
Neepawa
tt
1 OK
loo
185
30
0
157
25.5
Russell
200
199
29
9
162
24.3
Parkerview
Sask.
212
213
30
2
181
25.6
Hamton
212
213
30
2
169
23.9
Yorkton
tt
212
205
29
0
169
23.9
Zehner
218
213
29
3
172
23.7
Victoria Plains
218
213
29
3
172
23.7
Swan River
Man.
206
205
29
9
168
24.5
Peesane
224
219
29
4
191
25.6
Crooked River
224
225
30
2
191
25.6
Tisdale
224
225
30
2
189
25.3
Melfort
tt
230
225
29
4
191
24.9
St. Rose
194
192
29
7
162
25.1
Winnipegosis
<<
' 197
199
30
o
162
24.7
Hvas
Sask.
212
213
30
2
173
24.5
Stonen
212
213
30
2
173
24.5
Kelvington
218
215
29
6
184
25.3
The Pas
230
225
29
4
192
25.1
Lipsett
230
225
29
4
192
25.1
638
Origin
and
Destination
Class
30
From Eastern
Canada
Minimum weight
30,000 lbs.
Rate
Per Cent of
Class 100
Between Eastern
Canada and Western
Canada
Minimum weight
40,000 lbs.
Rate
Willowbunch. .
Estevan
Moose Jaw. . . .
Mossbank
Wey burn
Rosetown
Kindersley —
Alsask
Drumheller. . .
Calgary
Beechy
Eston
White Bear. . .
Tallman
Krydor
Big River
Battleford. . . .
Livelong
Fairholme. . . .
Bazentin
Camrose
Stettler
Red Deer
Broadview —
Swift Current.
Leader
Medicine Hat.
Cretna
Macklin
Lenore
Nipawin
Albertville
Souris
Neudorf
Assiniboia. . . .
Big Beaver. . .
Mankota
Kerrobert ....
Lacombe
Lethbridge. . .
Average .
.Sask.
Alta.
Sask.
Alta.
Sask.
Alta.
.Man.
Sask.
Man.
Sask.
Man.
Sask.
Alta.
224
212
224
230
212
236
248
248
266
276
236
242
248
242
248
248
242
248
248
248
266
271
276
206
236
248
254
185
254
197
230
242
194
212
230
236
236
254
276
266
219
206
218
225
213
233
236
239
250
253
230
233
233
233
233
236
233
239
239
236
250
253
255
205
226
233
239
169
239
192
225
230
192
213
219
230
226
236
255
244
29.4
29.2
29.2
29.4
30.2
29.6
28.6
28.9
28.2
27.5
29.3
28.9
28.2
28.9
28.2
28.6
28.9
28.9
28.9
28.6
28.2
28.0
27.7
29.9
28.8
28.2
28.3
27.4
28.3
29.3
29.4
28.5
29.7
30.2
28.6
29.3
28.8
27.9
27.7
27.5
181
24.3
169
23.9
172
23.1
181
23.6
172
24.4
198
25.2
198
24.0
199
24.1
198
22.3
191
20.7
198
25.2
198
24.6
199
24.1
198
24.6
198
24.0
199
24.1
192
23.8
198
24.0
198
24.0
198
24.0
199
22.5
199
22.0
199
21.6
168
24.5
181
23.0
189
22.9
184
21.7
157
25.5
198
23.4
168
25.6
190
24.8
192
23.8
162
25.1
172
24.4
181
23.6
182
23.2
182
23.2
198
23.4
199
21.6
191
21.6
The foregoing rate tabulation reveals that the present commodity rates from
Eastern Canada subject to a minimum carload weight of 30,000 lbs. approxi-
mates the classification basis of Class 30, as was the case in respect to the
mileage commodity rate scales dealt with by the Board in its Judgment of
September 18, 1957. The said commodity rates are in some instances higher
than the Class 30 rates. In view of the fact there is not a great deal of differ-
ence between the class rates and the specific commodity rates the Board con-
siders that the said commodity rates be withdrawn from the tariff schedules
of the railways permitting the classification basis of Class 30 to apply in future.
Concerning now the matter of the specific commodity rates between Eastern
Canada and Western Canada at minimum carload weight of 40,000 lbs. From
the foregoing rate tabulation, it will be observed that such rates reflect 24.2%
of the Class 100 rates. From the Okanagan Valley, as is illustrated on page 36,
639
the present commodity rates average 26.5%. It is considered that the same
basis as herein authorized on other fresh or green vegetables, namely 26% of
the Class 100 rates, be adopted as a basic level for commodity rates on potatoes
subject to minimum weight of 40,000 lbs.
Here again, due to the origin and destination rate grouping formula in
effect in Western Canada the rates herein authorized must be superimposed
upon the existing rate structure, as contrasted to the substitution of 26% of
Class 100 rates in lieu of the existing commodity rates as prevail between
Eastern and Western Canada.
CONCLUSION
Upon consideration of all that was submitted, the Board directs that the
commodity rates on potatoes subject to minimum carload weight of 30,000 lbs.
as published in Item 3560 of Canadian Freight Association Tariff 5-J, Agent
R. K. Watson's C.T.C. 1515 be withdrawn and cancelled.
The Board also directs that the rates on potatoes published in Items 7185,
7188 and 7190 of the above mentioned tariff and in Canadian Freight Association
Tariff 111-G Agent G. H. Mitchell's C.T.C. 468 be increased to 26% of the
Class 100 rates.
The Board further directs that potatoes, subject to minimum carload weight
of 40,000 lbs. be included in Canadian Pacific Railway Tariff W.22-B, C.T.C. 4016
and Canadian National Railways 306-C, C.T.C. 2045 at the level of rates
herein authorized on other fresh or green vegetables.
SUBMISSION OF PROVINCE OF ALBERTA
Mr. Frawley, Counsel for the Province of Alberta through Witness Telford
of the Alberta Freight Bureau filed Exhibit 3 at the Vancouver hearings
purporting to show that the shippers of southern Alberta were discriminated
against by virtue of the commodity rate structures applying from Eastern
Canada and from the Okanagan Valley to Western Canada. It appears from the
evidence that the remarks and allegations made concern mainly the rate
applications on fresh vegetables and potatoes and consequently consideration
of the submission of the Province of Alberta will be confined herein to the rates
covering such commodities.
The Province of Alberta alleges that vegetable shippers of that province
should not be required to pay rates on potatoes on basis of Class 30 when lower
commodity rate levels prevail for shippers of other areas, which it is asserted
is contrary to Section 336 of the Railway Act.
The fresh vegetable commodity rate structure from interior British
Columbia (Okanagan Valley) to Western Canada, as has been herein outlined,
is constructed on an origin and destination grouping formula and the rates
applicable thereunder reflect a lower overall level than the rate base applying
from the vegetable shipping points in southern Alberta. Likewise, the level
of the rates applying from Eastern to Western Canada. It is to these rates that
the Board's attention is directed and similar treatment demanded for the
vegetable shippers of southern Alberta.
The Board has herein directed that the base level of the rates on fresh or
green vegetables and potatoes from the Okanagan Valley and between Eastern
and Western Canada be established to reflect 26% of the Class 100 rates.
Section 336 of the Railway Act requires that similar consideration be accorded
shippers of Alberta.
640
The advantage of the origin and destination rate grouping formula which
has application to the vegetable traffic from the Okanagan Valley to Western
Canada was also drawn to the Board's attention and the suggestion made by
the Province of Alberta that a somewhat similar commodity rate construction
formula might be devised for the vegetable shippers of southern Alberta. No
information was furnished the Board as to what was specifically contemplated
in this regard. Mr. Frawley expressed the view that possibly this was a matter
for negotiation with the railways, which view was fully concurred in by the
railways. The railways position was simply that they had never been
approached in the matter of rate groupings for traffic from southern Alberta
and that they are willing to meet their shippers in negotiations at any time
regarding alleged freight rate disparities.
In the matter of the complaint of the B.C. Fruit Processors Limited in connection
with rates on canned fruits and vegetables from Kelowna, B.C. to points
in Western Canada. File 35457.6
On February 7, 1958, application was received from the B.C. Fruit Pro-
cessors Limited concerning the present freight rates on canned goods from
shipping stations in the Okanagan Valley of interior British Columbia to
destinations in Western Canada. Further formal submissions of the applicant
were heard by the Board at Kelowna, B.C. on March 7, 1958 and the railways'
reply to the said application was heard at sittings of the Board at Ottawa,
Ontario on June 9, 1958.
The applicant requests a redesigning of the commodity rate structure on
canned goods and demands commodity rates be established from the Okanagan
Valley at Class 33 rates from Kelowna, B.C. subject to minimum carload weight
of 50,000 lbs. which, it is suggested, is a reasonable level below the classification
basis of Class 40 at the lower minimum carload weight of 30,000 lbs. In
support of this requested commodity basis applicant draws the Board's attention
to the commodity rate level applicable from Eastern to Western Canada which
they allege "range from 78% to 94% of Class 40 rates". Applicant also states
that Winnipeg, Manitoba is an important market for its product and they draw
attention to the rates prevailing from Vancouver, from Washington, California
and from Ontario and Quebec to that city, from which shipping areas lower
transportation rates are alleged to be in effect.
The railways allege that reasonable rates have been accorded canned goods
traffic from the Okanagan Valley; firstly, by the lowering of the class rating
from 5th to 6th class in 1953 and secondly, by the reduction in the class rates
brought about through equalization. This dual tariff action, it is alleged, has
resulted in substantial concessions in transportation charges to the canned goods
shippers of the Okanagan Valley. The railways state this new level of rates
is substantially below the present commodity rates at minimum weight of
30,000 lbs. and also undercuts, in many instances, the present commodity rates
subject to minimum weight of 50,000 lbs., the continuance of such higher
commodity rates being due to the fact that it has not as yet been possible to
do a complete "housecleaning" of the commodity rate tariff schedules to
eliminate commodity rates that are on an improper level.
To appraise the rate situation complained of, there is set out on the next
page the commodity rates on canned goods from Kelowna, B.C. in effect on
July 1, 1949 the date of the removal of the mountain differential; the commodity
and class rate in effect on March 1, 1955, the date of the establishment of
equalized class rates; the present rates and the rates requested by applicant.
The same destinations in Western Canada as selected in respect to fresh fruits
and vegetables are used therein as representative.
641
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o00
So
'SB
Eg
iOiOCMOCO^OrFTt<<M>Ol-.
-* O
l> O
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W
CO
W
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CO "
CO h
g
So
OOOOOOOM^^ONO
O O
H CO
CM CM
pq
|8
^ CO
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O O
h CM
|8
,S o
CNOOOcMOGOOOOCOO"*
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00 O
o
O
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5 o
^ CO
CM O
O r-i
CM CM
So
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o _
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§1
642
It will be observed from this rate table that with the coming into effect
of the equalized class rates on March 1, 1955 a reasonable basis of rates would
appear to have been established for the movement of canned goods in relation
to the then prevailing commodity rates. Applicant appears to be under the
impression that because prior to the equalized class rate structure coming into
force the commodity rates were established at a discount below the then class
rate level, that such practice should continue. The Board does not desire to be
unduly critical of applicant's demands in this respect but must be emphatic in
stating that the equalized class rate scale was constructed for the purpose of
creating a reasonable uniform rate structure in the country, with a view that a
system of approach would be created that would permit additional percentage
columns being added to the class rate tariffs and thus avoid the former practice
of instituting numerous rates on commodities for which the former limited
number of class ratings did not appear appropriate. In the matter here under
review the railways appear to have made practical use of the said class rates
by reducing the classification rating from former 5th class to the present Class 40
(6th class) level, thus establishing through the means of the equalized class
rates an approximation of the existing commodity rates at minimum weight of
50,000 lbs. In the Board's opinion the matter of prime importance is that a
reasonable level of rates be established for both shippers and the railways and
if such rates can be made available through the means of the classification such
practice should be adopted.
Reference again to the foregoing rate table will indicate that the classifica-
tion basis of rates applicable from the Okanagan Valley are approximately 50%
higher than the commodity rates in effect on July 1, 1949. As has been
previously stated, the Board has since 1949 authorized increases in freight rates
Classifi-
Commodity Rates
cation
Class 33
Destination
Basis
Minimum
Minimum
Minimum
Minimum
30,000 lbs.
50,000 lbs.
30,000 lbs.
50,000 lbs.
Alberta
Calgary
393
349
368
304
Edmonton
393
349
362
298
Lethbridge
379
336
354
292
Medicine Hat
360
322
338
279
Red Deer
406
357
368
304
Saskatchewan
Estevan
291
264
282
233
Humboldt
319
287
298
246
Kerrobert
355
317
338
279
Melfort
327
295
306
253
315
284
298
246
North Battleford
345
312
322
266
Prince Albert
335
304
314
259
Regina
302
273
290
240
Saskatoon
327
295
306
253
333
300
314
259
Weyburn
291
264
282
233
Yorkton
285
260
282
233
Manitoba
Brandon
255
233
250
207
Winnipeg
221
201
230
190
Average per cent under classification basis
5.1%
17.4%
643
generally within Canada, totalling approximately 82% and it would appear
that the classification rating adjustment mentioned was of considerable benefit
to the canning industry of the Okanagan Valley.
Concerning the rates applicable from Eastern to Western Canada to which
applicant draws attention in support of the demand for commodity rates on
basis of Class 33; these commodity rates to representative points in Western
Canada are set out below, together with the classification basis of Class 40.
Also shown are the Class 33 rates.
The foregoing illustrates that the classification basis is lower in all
instances, except to Winnipeg, than the present commodity rates at minimum
weight of 30,000 lbs., and that the alternate commodity rates at minimum
weight of 50,000 lbs. reflect an average of approximately 5% below the
classification basis. At the Class 33 rate level suggested by applicant the
average reduction below the classification basis is approximately 17£%.
Applicant's requested level from Kelowna, B.C. also reflects approximately
17g% reduction from the classification basis.
This is a substantial reduction in rates and the Board considers, based upon
what has been submitted, that applicant has not made a case that would
warrant the Board authorizing, at this time, an alternate application or rates
on canned goods subject to minimum weight of 50,000 lbs. at the level of rates
requested. The Board appreciates the task confronting the railways in review-
ing their commodity rate tariff schedule with the view to adjustments resulting
from findings under the terms of equalization, but the Board is compelled to
suggest that the commodity rates herein involved should be the subject of
review as promptly as possible. Should the railways find upon such review
that an alternate level of rates at the higher minimum weight of 50,000 lbs.
is warranted, the Board directs that such alternate rates be concurrently
established on a relative basis from all other shipping areas in conformity with
Section 336 of the Railway Act.
We now turn to a consideration of the rates in effect from other areas to
Winnipeg, Manitoba, to which applicant makes reference, viz;
"The City of Winnipeg, because of its population, is a very important
market for us. However, to sell in that market we must meet severe
competition from Eastern Canada and the U.S.A. As at February 1, 1958—
the following rates were in effect from main competing sources on canned
goods to Winnipeg:
From: Min. Weight Rate Tariff Reference
O.K. Valley Points . . . 50,000 lbs. $2.20 Item 2780, CP Tariff 975
Item 565, CN Tariff W-192-0
Vancouver 50,000 lbs. 2.00 Item 2740, CP Tariff W-975
Item 260, CN Tariff W-200-I
Washington and
California 60,000 lbs. 1.94 Item 3800, TCFB Tariff 2-W
Item 350, NP Tariff 1953-H
Ontario and Quebec . . 50,000 lbs. 1.57£ C.T.C. (A.C.) 230
While we are closer to Winnipeg than any other points of origin
mentioned, it will be noted that we pay 20c per cwt. more than Vancouver,
26c per cwt. more than Washington or California, and 62£c more than
competing shippers in Ontario and Quebec."
644
The Railways have furnished the Board and applicant with the following
explanation concerning these rates:
"The rate named from Kelowna, B.C. and other Okanagan Valley
shipping points of $2.20 per 1,000 lbs., carload minimum weight, 50,000 lbs.,
is published in item 2780, CP. Ry. tariff W-975, C.T.C. No. W-4240, and
item 5190, C.N. Rys. tariff W-950, C.T.C. No. W-2303, and is on the
established basis of 80% of the 5th class rates, prior to March 1, 1955. This
is on the same basis as rates published from eastern Canadian shipping
points to Winnipeg, Man. in items 1580 and 1590, Canadian Freight
Association tariff 5-J, C.T.C. No. 1515.
From Vancouver, B.C. to Winnipeg, Man., the rate of $2.00 per 100 lbs.,
minimum 60,000 lbs. (not 50,000 lbs.) is published in item 2740 of the
aforementioned CP. Ry. tariff and item 5130 of C.N. Rys. tariff W-950,
C.T.C. No. W-2303. This is a competitive rate and is 'flagged', issued to
meet motor truck competition.
The rate on canned goods from Washington and California points to
Winnipeg, Man. is presently $1.95 per 100 lbs., (not $1.94 per 100 lbs.)
minimum 60,000 lbs. The additional lc is accounted for by application of
ex parte 212.
This is not a through rate. It is a combination made up of $1.67 per
100 lbs., minimum 60,000 lbs., to Noyes, Minn., published in item 4140-A,
supplement 8, Trans-Continental Freight Bureau tariff 2-X, C.T.C. No. 880,
plus 28c, minimum 40,000 lbs., beyond, published in item 80-A, CP. Ry.
tariff W-842-I, C.T.C. No. W-4243 and item 170, C.N. Rys. tariff W-819-E,
C.T.C. No. W-2319. This latter factor is a competitive rate, and so 'flagged'
issued to meet motor truck competition.
The rate of $1.57|c per 100 lbs., minimum 50,000 lbs., mentioned in the
application as published in agreed charge C.T.C. (A.C.) 230, applies by
water and rail or by rail, lake and rail. The all-rail rate in the same
agreed charge is $1.65 per 100 lbs., minimum 50,000 lbs."
Little more need be said concerning these rate comparisons other than to
point out that the establishment of competitive tolls is a matter that lies
entirely within the discretionary powers of the railways and that such com-
petitive tolls cannot be considered the measure of a reasonable rate where
competition does not exist.
CONCLUSION
Upon careful consideration of all that has been submitted under this
application, the Board finds at this time that the classification basis of Class 40,
minimum carload weight 30,000 lbs. is a reasonable basis of rates and con-
sequently the application of the B.C. Fruit Processers Limited must be, and is
hereby dismissed.
INCREASE IN RATES
All rates between points in Canada shown herein and all rates directed to
be published by this Judgment, may be made subject to the interim increase in
rates permitted under the terms of Board's Order 96300 dated November 17,
1958.
Ottawa, Ont., December 19, 1958.
A. SYLVESTRE,
Deputy Chief Commissioner.
F. M. MacPHERSON,
Commissioner.
L. J. KNOWLES,
Commissioner.
645
ORDER No. 96600
In the matter of the General Freight Rates Investigation directed by Order in
Council P.C. 1487, dated April 7, 1948 (Equalization Case) and of Section
336 of the Railway Act (National Freight Rates Policy) re commodity
freight rates on fresh fruits and vegetables. File 47828.6
and
In the matter of the application of the B.C. Tree Fruits Limited; British
Columbia Fruit Growers Association and the British Columbia Interior
Vegetable Marketing Board for a reduction in freight rates on fresh
fruits and vegetables. File 47828.6
and
In the matter of the complaint of the B.C. Fruit Processers Limited in connection
with rates on canned fruits and vegetables from Kelowna, B.C. to points
in Western Canada. File 35457.6
Friday, the 19th day of December, A.D. 1958
Rod Kerr, Q.C., Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
Whereas the foregoing matters have been heard by the Board at various
times and places in the presence of Counsel and representatives for B.C. Tree
Fruits Limited; B.C. Fruit Processors Limited; Canadian Fruit Wholesalers'
Association; Canadian Horticultural Council; Maritimes Transportation Com-
mission; Province of British Columbia; Province of Alberta; Canadian Pacific
Railway Company and Canadian National Railways; and the Board has issued
its Judgment dated December 19, 1958 relating thereto —
It is ordered that the directions to the railway companies contained in the
Judgment herein dated December 19, 1958, and the tariff changes therein
directed to be made be implemented by the said railway companies on statutory
notice effective March 1, 1959 in accordance with the provisions of the said
Judgment.
And it is further ordered that the application of the B.C. Fruit Processors
Limited be, and it is hereby, dismissed.
ROD KERR,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
646
ORDER No. 97145
In the matter of the application of British Columbia Electric Company, herein-
after called the "Applicant Company" , for authority to construct and
maintain two 10-inch gas mains across and over that part of the right
of way and road of the Burrard Inlet Tunnel and Bridge Company in
North Vancouver, British Columbia, for which leave has not already
been granted by this Board, all as shown on detail Z of Plan U-65200-R2,
revised to May 28, 1958, on file with the Board under file No. 15732.13:
Tuesday, the 17th day of February, A.D. 1959.
H. H. Griffin, Assistant Chief Commissioner.
F. M. MacPherson, Commissioner.
il
Upon hearing the application at a sittings of the Board held in Ottawa on
February 16, 1959, in the presence of Counsel for the Applicant, no one appear-
ing in opposition —
It is hereby ordered as follows:
The Applicant Company is authorized to construct and maintain two
10-inch gas mains across and over that part of the right of way and road of
the Burrard Inlet Tunnel and Bridge Company in North Vancouver, British
Columbia, for which leave of the Board has not already been granted, all as
shown on detail Z of the said plan on file with the Board under file No. 15732.13.
H. H. GRIFFIN,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
647
SUMMARY OF ORDERS ISSUED BY THE BOARD
97054 Feb. 6 — Amending Order No. 88271 re apportionment of cost of reconstruction
of an overhead bridge at the crossing of Highway No. 17 and the
C.N.R. at Mileage 36.3 Kashabowie Subd., Ont.
97055 Feb. 6 — Amending Order No. 93766 re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Erin Street in
Saint John, N.B., Mileage 0.3 Courtenay Bay Branch, Sussex Subd.
97056 Feb. 6 — Authorizing the City of Chicoutimi, P.Q., to relocate the public
pedestrian crossing over the C.N.R. between Jacques Cartier St. and
Hotel de Ville Avenue, Chicoutimi, Mileage 115.09 Jonquiere Subd.
97057 Feb. 6 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates Act.
97058 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Kipling Avenue, Toronto, Ont., Mileage 9.38 Gait
Subd.
97059 Feb. 9 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited, at Vita, Man.
97060 Feb. 9 — Approving flammable liquid bulk storage facilities of Standard Oil
Company of British Columbia Limited, at Prince George, B.C.
97061 Feb. 9 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Amaranth, Man.
97062 Feb. 9 — Approving revised plan submitted by the C.P.R., showing the
approach grades as constructed at the crossing of its siding extension
at Mileage 28.67 Carberry Subd., Man.
Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of its railway and the highway
east of Drummond, N.B., Mileage 71.19 Grand Falls Subd.
Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway north of St. Janvier, P.Q., Mileage 8.26
Ste. Agathe Subd.
9 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Brock, Sask.
9 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Sandwich, Sask.
9 — Authorizing the B.C. Dept. of Highways to construct the highway
over the C.P.R. at Mileage 124.3 Shuswap Subd., B.C.
97068 Feb. 9 — Authorizing the C.N.R. to remove the caretaker at Watts, Alta.
97069 Feb. 9 — Amending Order No. 93754 which authorized the C.N.R. to install
automatic protection at the crossing of its railway and the highway
at first public crossing east of Premont, P.Q., Mileage 71.03
Grand'Mere Subd.
97070 Feb. 9— Authorizing the C.N.R. to remove the caretaker at Tate, Sask.
97071 Feb. 9 — Granting licence under section 10 of the Transport Act to Charles
Sanders.
97072 Feb. 9 — Approving proposed flammable liquid bulk storage facilities of the
C.P.R. at Brookmere, B.C., Mileage 0.0 Coquihalla Subd.
97073 Feb. 9 — Approving proposed flammable liquid bulk storage facilities of the
City of Sherbrooke, P.Q., Mileage 0.9 Quebec Subd.
97074 Feb. 9 — Authorizing the C.N.R. to reconstruct the overhead bridge in the
Twp. of Bertie, Co. of Welland, Ont., Mileage 1.58 Dunnville Subd.
97075 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 60.90 Carman Subd., Man.
97076 Feb. 9 — Requiring the C.P.R. to install improved protection at the crossing
of its railway and County Road No. 5 west of Meadowvale, Ont.,
Mileage 2.11 Orangeville Subd.
97063 Feb. 9-
97064 Feb. 9—
97065 Feb.
97066 Feb.
97067 Feb.
648
97077 Feb. 9—
97078 Feb. 9-
97079
97080
97087
97088
97089
97090
97091
97092
97094
97095
97096
97097
97098
Feb. 9-
Feb. 9-
97081 Feb. 9—
97082 Feb. 9—
97083 Feb. 9-
97084 Feb. 9-
97085 Feb. 9-
97086 Feb. 9-
Feb. 9-
Feb. 10-
Feb. 10-
Feb. 11-
Feb. 11-
Feb. 11-
97093 Feb. 11-
Feb. 11-
Feb. 11-
Feb. 11-
Feb. 11-
Feb. 11-
Rescinding Order No. 80667 which approved facilities of Mr. Blake
Snobelen for the storage of flammable liquids near the C.N.R. at
Thamesville, Ont.
Authorizing the Township of Harwich, Ont., to improve the approach
grades at crossing of Mull Side Road and the C.N.R. at Mileage 54.24
Chatham Subd.
Approving proposed additional flammable liquid bulk storage facili-
ties of Imperial Oil Limited at Dodsland, Sask.
Approving operation of the C.N.R.'s engines, cars and trains over the
siding serving Cassiar Asbestos Corp. Limited, in the City of North
Vancouver, B.C.
Authorizing the Manitoba Dept. of Public Works to construct and
maintain the highway over the C.N.R. at Mileage 24.88 Ridgeville
Subd.
Amending Order No. 54075 which authorized the City of Montreal to
widen St. Henry Place where it crosses the C.N.R. in the City of
Montreal, P.Q.
Extending the time within which the C.N.R. is required to install
automatic protection at crossing of its railway and Burnham St.,
Cobourg, Ont.
Approving operation of the C.N.R.'s engines, cars and trains over
the private siding serving Kimberley-Clark Corp. of Canada Limited,
in the City of St. Hyacinthe, P.Q.
Rescinding Orders Nos. 66518, 73573 and 80833 which approved
location of facilities of Edwards Sudbury Limited near the tracks
of the C.P.R. at Sudbury, Ont.
Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Royal St. in the City of Sorel, P.Q., Mileage 45.45
Sorel Subd.
Authorizing the C.N.R. to close the existing public crossings near
Renous, N.B., at Mileages 13.6 and 13.9 Washwaak Subd.
Approving flammable liquid bulk storage facilities of Shell Oil
Company of Canada Limited at Ville LeMoyne, P.Q.
Approving clearances on the private siding serving Pirelli Cables
Conduits Limited in St. Johns, P.Q.
Approving terms and conditions contained in Appendix "A" with
respect to the carriage of highway semi-trailers loaded or empty
by the C.P.R. and C.N.R.
Authorizing the C.P.R. to operate under the overhead bridge in Lot 9,
Con. 4 West, Twp. of Toronto, Ont., Mileage 1.51 Orangeville Subd.
Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Lavant Dalhousie
Telephone Company Limited.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at first public crossing south of Arbog,
Man., Mileage 74.2 Arborg Subd.
Approving the location of the new station proposed to. be erected
by the C.N.R. at Trochu, Alta., Mileage 50.4 Three Hills Subd.
Approving tolls published in tariffs filed by the C.N.R. under
Section 3 of the Maritime Freight Rates Act.
Approving proposed flammable liquid bulk storage facilities of
Kamsack Co-operative Assoc. Ltd., at Kamsack, Sask.
Approving Standard Mileage Freight Tariff C.T.C. 62, under Section
18 of the Transport Act.
Approving Standard Mileage Freight Tariff filed by the Canada
Steamship Lines Limited, under section 18 of the Transport Act.
649
97099 Feb. 11 — Authorizing the C.P.R. to construct sidings across Broadway, Front
and Condon Streets in the Town of Grand Falls, N.B.
97100 Feb. 11 — Authorizing the C.P.R. to operate under the overhead bridge where
highway No. 5 crosses its railway, Lots 11 and 12, Con. 1, north and
south of Dundas St., Twp. of Toronto, Ont., Mileage 14.14 Gait Subd.
97101 Feb. 12— Amending Order No. 80167 which authorized the C.N.R. to install
automatic protection at crossing of its railway and Highway No. 58
at Welland Junction, Ont., Mileage 18.02 Cayuga Subd.
97102 Feb. 12 — Authorizing the C.N.R. to remove the caretaker at Bainsville, Ont.
97103 Feb. 12 — Authorizing the removal of the speed limitation at teh crossing of
Munroe Ave. and the C.P.R. in Winnipeg, Man., Mileage 122.86
Keewatin Subd.
Authorizing Westcoast Transmission Company Limited to construct
two pipe lines at certain locations in the Peace River District of B.C.
Approving Alternate Appendix "B" to Traffic Agreement between
The Bell Telephone Company of Canada and The Clarence Telephone
Company Limited.
Authorizing the City of Brantford to construct Beach Road over the
Toronto, Hamilton & Buffalo Rly. Co., in Brantford, Ont., Mileage
60.07 Waterford Subd.
97107 Feb. 12 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and Gore "G" Telephone Com-
pany Limited.
97108 Feb. 13 — Authorizing the C.N.R. to construct one additional track over the
highway in the Twp. of Bungay, Co. of Kamouraska, P.Q., Mileage
75.38 Glendyne Subd.
97109 Feb. 13 — Authorizing the B.C. Department of Highways to construct the
highway over the C.P.R. at Mileage 9.6 Rossland Subd., B.C.
97110 Feb. 13 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. at Thomson, N.S., Mileage 42.53 Springhill
Subd.
Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Jean Baptiste St., in Jonquiere, P.Q., Mileage
105.07 Jonquiere Subd.
Authorizing the removal of the speed limitation at the crossing of
Route Chemin du Lac and the C.N.R. at Mileage 5.97 Montmagny
Subd.
97113 Feb. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and Northern Alberta Railways Co. in the Village of
Bon Accord, Alta., Mileage 7.95 Lac La Biche Subd.
97114 Feb. 13 — Authorizing Producers Pipelines Limited to construct a 4 inch crude
oil pipe line over the pipe line of Westspur Pipe Line Co. in the
SE| Sec. 33-3-4-W2M., Sask.
97115 Feb. 13 — Amending Order No. 96183 which authorized the reconstruction of
the subway at the crossing of the C.P.R. and Salaberry St., Megantic,
P.Q., Mileage 116.96 Moosehead Subd.
97116 Feb. 13 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection at crossing of 8th Ave. and the C.N.R. in the
City of Regina, Sask., Mileage 0.58 Regina Terminals Subd.
97117 Feb. 13 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection at the crossing of the C.N.R. and 7th Avenue,
in the City of Regina, Sask., Mileage 0.68 Regina Terminals Subd.
97118 Feb. 13 — Amending Order No. 92016 which approved the construction of
Metabetchouan Road over the C.N.R. by means of an overhead
bridge at Mileage 60.56 Jonquiere Subd., Parish of St. Louis de
Chambord, Co. Roberval, P.Q.
97104 Feb. 12—
97105 Feb. 12—
97106 Feb. 12—
97111 Feb. 13—
97112 Feb. 13—
650
97119 Feb. 13 — Amending Order No. 83399, re apportionment of cost of constructing
the diversion of Newmarket Subd., Ont, Mileage 89.12 Bala Subd.,
C.N.R.
97120 Feb. 13 — Approving proposed flammable liquid bulk storage facilities of the
C.N.R. at Allandale, Ont., Mileage 62.6 Newmarket Subd.
97121 Feb. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and 6th Avenue, Regina, Sask., Mileage 0.79 Regina
Terminals Subd.
97122 Feb. 13 — Amending Order No. 95831 re apportionment of cost of installing
improved protection at the crossing of the C.N.R. and St. John St.,
Town of New Glasgow, N.S.
97123 Feb. 13 — Approving tolls published in tariffs filed by the Canadian Freight
Assoc., under sections 3 and 8 of the Maritime Freight Rates Act.
97124 Feb. 13 — Authorizing the C.N.R. to make signal changes in the interlocker at
the crossing of their railway and the C.P.R. at Hope, B.C., Mileage
39.9 Yale Subd.
97125 Feb. 13 — Approving the stop signs and signal at the crossing of the Toronto,
Hamilton and Buffalo Belt Line (Beach Branch, Hamilton, Ontario)
and the C.N.R. 's Industrial tracks near Ottawa St., Hamilton, Ont.
97126 Feb. 16 — The Falconbridge Nickel Mines Limited are authorized to drive four
tunnels and conduct exploratory work under the C.P.R. and the land
within forty yards on either side thereof in the S.£ of Lot 12, Twp.
of McKim, District of Sudbury, Ont.
97127 Feb. 16 — Approving proposed . flammable liquid bulk storage facilities of
Imperial Oil Limited at Estevan, Sask.
97128 Feb. 16 — Approving proposed flammable liquid bulk storage facilities of
Texaco Canada Limited (McColl-Frontenac Oil Company Limited)
at North Bay, Ont., Mileage 0.74 Cartier Subd.
97129 Feb. 16 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 10, in the Village of Bic, P.Q., Mileage 28.58 Rimouski Subd.
97130 Feb. 16 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Quebec-Telephone (Region de
Kamouraska) .
97131 Feb. 16 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
Rurale de Ste-Sabine.
97132 Feb. 16 — Approving Supplements 5, 6 and 7 to Traffic Agreement between The
Bell Telephone Company of Canada and The Commissioners for the
Telephone System of the Municipality of the Twp. of Moore.
97133 Feb. 16 — Approving Revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec Telephone (Region de
Golfe St-Laurent).
97134 Feb. 16 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Maberly Telephone Com-
pany Limited.
97135 Feb. 16 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing east of Pointe au
Pic (and Golf) station, P.Q., Mileage 86.47 Murray Bay Subd.
97136 Feb. 16 — Authorizing the removal of the speed limitation at crossing of Ruel
Ave. and the C.N.R., being first public crossing west of station at
Les Falaises, P.Q., Mileage 4.14 Montmorency Subd.
97137 Feb. 16 — Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 41 and their railway near Wainwright, Alta., Mileage
138.26 Unity Subd.
97138 Feb. 16 — Extending the time within which the C.N.R. is required to install
automatic protection at crossing of their railway and the highway
at Mileage 17.01 Rimouski Subd., P.Q.
651
97139 Feb. 16 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Eldon G. Kinsella, Pro-
prietor, Cumberland Telephone System.
97140 Feb. 16 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the highway at Mileage 68.15 Nipigon Subd.
97141 Feb. 16 — Amending Order No. 93693 re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Highway No.
39 (Tecumseh Road) and Chrysler spur in the Twp. of Sandwich
East, Ont.
97142 Feb. 17 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 47 and the C.N.R. at Stouffville, Ont., Mileage 38.94
Uxbridge Subd.
97143 Feb. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Dominion Atlantic Railway at Panuke, N.S.,
Mileage 27.69 Halifax Subd.
97144 Feb. 17 — Relieving the C.P.R. from erecting fencing on certain Mileages on
its Maple Creek Subd., Alta.
97145 Feb. 17 — Authorizing the British Columbia Electric Company to construct two
10 inch gas mains across the right of way and road of the Burrard
Inlet Tunnel & Bridge Company in North Vancouver, B.C.
97146 Feb. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and County Road No. 9, north of Bolton, Ont.,
Mileage 22.85 MacTier Subd.
97147 Feb. 17 — Rescinding Orders 76424 and 89258 which approved location of
facilities of The British American Oil Company near the tracks of
the Northern Alberta Railways Company at Falher, Alta.
97148 Feb. 17 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
97149 Feb. 17 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
97150 Feb. 17 — Approving tolls published in tariffs filed by the Canadian Freight
Association under provisions of the Maritime Freight Rates Act.
97151 Feb. 17 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
97152 Feb. 17 — Approving tolls published in Supplement to Tariffs filed by the
Sydney and Louisburg Railway Company under section 8 of the
Maritime Freight Rates Act.
97153 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Golf Club Road, Twp. of Scarborough, Ont.,
Mileage 321.87 Oshawa Subd.
97154 Feb. 18 — Authorizing the C.N.R. to rearrange the highway crossing protection
at the crossing of their railway and Murdock Ave. and the crossing
of the Nipigon Central Railway and Murdock Ave., in the City of
Noranda, P.Q.
97155 Feb. 18 — Authorizing the C.P.R. to construct a branch line of its railway at
Mileage 65.86 Tisdale Subd., to serve its ballast pit.
97156 Feb. 18 — Authorizing the Ontario Department of Highways to construct
Highway No. 401 across the C.N.R. by means of an overhead bridge
at Mileage 20.48 Fergus Subd.
97157 Feb. 18 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Courtland, Ont., Mileage 90.11 Cayuga
Subd.
97158 Feb. 18 — Authorizing the removal of the speed limitation at the crossing of
the B.C. Electric Railway Company and Ash St., in the City of
Vancouver, B.C.
97159 Feb. 18 — Authorizing the removal of the speed limitation at Appleby Line
Crossing and the C.N.R. Onl., Mileage 28.25 Oakville Subd.
652
97160 Feb. 18 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
97161 Feb. 18 — Authorizing the Saskatchewan Power Corporation to construct a
14,400 volt wire across the pipe line of Interprovincial Pipe Line
Company in Sec. 16, Twp. 24, Rge. 2, W3M., Prov. of Sask.
97162 Feb. 18 — Authorizing the Saskatchewan Power Corporation to construct one
14,400 volt wire across the pipe line of Interprovincial Pipe Line
Company in the NW£ Sec. 27, Twp. 23, Rge. 1, W3M., Prov. of Sask.
97163 Feb. 18 — Relieving the C.N.R. from erecting right of way fencing between
Mileages 26.35 and 27.14 on the east side of its Thorndale Subd.,
Twp. of London, Ont.
97164 Feb. 18 — Approving tariffs filed by The Bell Telephone Company of Canada.
97165 Feb. 19 — Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Montgomery Road, Ont., Mileage 8.35 Gait Subd.
97166 Feb. 19 — Approving tolls published in supplements to tariffs filed by the
Dominion Atlantic Railway Company under Section 8 of the Mari-
time Freight Rates Act.
97167 Feb. 19 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and St. Andre St., Farnham, P.Q., Mileage 6.35 Adiron-
dack Subd.
97168 Feb. 19 — Authorizing the removal of the speed limitation at South crossing
and Napierville Junction Railway Company, approx. four miles
south of station at Delson, P.Q.
97169 Feb. 19 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Clyde Road, Ont., Mileage 55.17 Gait Subd.
97170 Feb. 19 — Authorizing the C.N.R. to construct an extension of Leduc Boulevard
Spur to serve B.P. (Canada) Limited, across Trans-Northern Pipe
Line Company in Lot 2, Parish of Pointe aux Trembles, Town of
Montreal East, P.Q.
97171 Feb. 19 — Authorizing the C.N.R. to reconstruct the timber trestle crossing the
highway at Couturier, Co. Riviere du Loup, P.Q., Mileage 21.5
Temiscouata Subd.
97172 Feb. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Ellesmere Road, Scarborough, Ont., Mileage 57.02
Uxbridge Subd.
97173 Feb. 19 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to construct Highway No. 32 across the pipe line of Trans-
Canada Pipe Lines Limited in Sec. 2, Twp. 19, Rge. 18, W3M.
97174 Feb. 19 — Extending the time within which the C.N.R. are required to install
protection at crossing of their railway and Munroe's Side Road at
Beachville, Ont., Mileage 56.24 Dundas Subd.
97175 Feb. 19 — Extending the time within which the C.N.R. are required to install
protection at crossing of their railway and St. Esprit Road, Parish
of L'Epiphanie, P.Q., Mileage 11.35 L'Assomption Subd.
97176 Feb. 19 — Approving operation of the C.P.R. engines, cars, etc. over the private
siding serving Globelite Batteries Limited in the City of St. James,
Man.
97177 Feb. 19— Authorizing the C.N.R. to remove the station agent at St. Athanase,
P.Q.
97178 Feb. 19 — Approving proposed flammable liquid bulk storage facilities of
Texaco Canada Limited at Windsor, Ont.
97179 Feb. 19 — Authorizing Mr. G. M. Stalker, Manotick, Ont., to construct two
private roads and one water pipe across the pipe line of Trans-
Northern Pipe Line Company in Lot 1, Cone. 4, Twp. of Osgoode,
Ont.
97180 Feb. 19 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Huot Telephone Service
Registered.
653
97181 Feb. 19 — Rescinding Order No. 76723 which approved location of facilities of
Canadian Standards Association near the C.N.R. tracks at Toronto,
Ont.
97182 Feb. 19 — Approving revision to tariffs filed by The Bell Telephone Company
of Canada.
97183 Feb. 20 — Approving revised Appendix and Supplement to Traffic Agreement
between The Bell Telephone Company of Canada and the Corpora-
tion of the Town of Kenora.
97184 Feb. 20 — Authorizing the N.S. Department of Highways to construct the
Trans-Canada Highway across the C.N.R. by means of an overhead
bridge near Folly Lake, Colchester Co., N.S., Mileage 25.1 Springhill
Subd.
97185 Feb. 20 — Authorizing the C.N.R. to remove the caretaker at St. Laurent, Man.
97186 Feb. 20 — Authorizing the C.N.R. to remove the caretaker at Piney, Man.
97187 Feb. 20 — Relieving the C.N.R. from erecting right of way fencing between
certain mileages on its Southampton Subd.
97188 Feb. 20 — Approving By-law No. 44 of the Town of Yarmouth, N.S., with
respect to highway crossings within the town.
97189 Feb. 20 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Thompson, Man.
97190 Feb. 20 — Authorizing the Kiskisink Roads Commission to construct the high-
way across the C.N.R. at Mileage 22.07 and Mileage 22.86 Jonquiere
Subd. Twp. of Rhodes, Co. of Quebec, P.Q.
97191 Feb. 20 — Authorizing the City of Guelph, Ont., to widen Speedvale Ave. where
it crosses the C.N.R. in the City of Guelph, Mileage 31.57 Fergus
Subd.
97192 Feb. 20 — Authorizing the C.N.R. to replace the timber trestle over the Carrot
River, Sask., Mileage 32.3 Brooksby Subd., by means of a permanent
steel bridge.
97193 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
St. James St. and the C.P.R. in Port Arthur, Ont., Mileage 128.0
Nipigon Subd.
97194 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 75 and the C.N.R. at Mileage 38.5 Letellier Subd., Man.
97195 Feb. 23 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Salmon Arm, B.C.
97196 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Maple Avenue, Ville St. Pierre, P.Q., Mileage 46.95
l'Assomption Subd.
97197 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. being the first public crossing east of
St. Joseph Station, on Caron St., City of Lauzon, P.Q., Mileage 112.38
Montmagny Subd.
97198 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
Grey St. and the C.P.R. in Winnipeg, Man., Mileage 123.97 Keewatin
Subd.
97199 Feb. 23 — Approving the portion of the proposed flammable liquid bulk storage
facilities of The British American Oil Company Limited at Saint
John, N.B., located within 250 feet of the railway, Mileage 1.09 Dry
Dock Spur.
97200 Feb. 23 — In the matter of the Regulations for the Transportation of Dangerous
Commodities by Rail.
97201 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Hannibal St., Town of Smiths Falls, Ont., Mileage
34.8 Smiths Falls Subd.
97202 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
Van Buren St. and the C.P.R. at Kemptville, Ont., Mileage 29.16
Prescott Subd.
654
97203 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Pleasant Park Road, Ottawa, Ont., Mileage 2.14 Beach-
burg Subd.
97204 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in the City of Joliette, P.Q., Mileage
101.27 Grand'Mere Subd.
97205 Feb. 23 — Approving the flammable liquid bulk storage facilities of Imperial
Oil Limited, at Gibbons, Alta.
97206 Feb. 23 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Dunblane, Sask.
97207 Feb. 23 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Nampa, Alta.
97208 Feb. 23 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Lansdowne Rural
Telephone Company Limited.
97209 Feb. 23 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 across the C.P.R. by means of an overhead bridge in the
Twp. of Cornwall, Mileage 24.4 Cornwall Subd.
97210 Feb. 23 — Authorizing Fargo Oils Limited to construct a gas pipe line over
the pipe line of Westcoast Transmission Company Limited near
Halfway No. 1 well, in the Peace River District of B.C.
97211 Feb. 23 — Amending Order No. 93192 re apportionment of cost of widening the
approach grades on the road allowance between the Twp. of Toronto
and the Twp. of Trafalgar where it crosses the C.N.R. at Mileage
17.93 Oakville Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
®fje poarb of
{Erangport Commtotoner* for Canatra
INDEX TO VOL. XLVIII
OF
JUDGMENTS, ORDERS, REGULATIONS AND RULINGS OF THE BOARD OF TRANSPORT COMMISSIONERS
FOR CANADA, FROM APRIL 1, 1958, TO MARCH 31, 1959
Subject Page
ABANDONMENT
Cumberland Railway and Coal Co:
Springhill, N.S. to Parrsboro, N.S.; application to abandon all services and to lift
materials from right of way; Judgment 121
Order 94325 127
Dominion Atlantic Railway Co:
Weston Subdivision; Centreville, N.S. to Weston, N.S.; application of Canadian
Pacific Railway Co., on behalf of; Judgment 109
ACCIDENTS
(including highway-crossing accidents) :
Reported to Board
January, 1958 11
February, 1958 37
March, 1958 98
April, 1958 113
May, 1958 151
June, 1958 212
July, 1958 311
August, 1958 325
September, 1958 449
October, 1958 461
November, 1958 543
December, 1958 589
ACCOUNTS AND REPORTS
Pipe Lines Act:
Uniform Classification and system of; General Order 837 542
AGREED CHARGES
pipe and skelp :
application of Alberta Phoenix Tube & Pipe Ltd; alleged unjust discrimination and
undue preference; fixed charge ordered by Board 83
Order 94 129... 89
application of Prairie Pipe Manufacturing Co. Ltd., for fixed charge 474
application of railways for review and rescission of Judgment and Order 94129 of
April 17, 1958 150
reasons for Judgment 357
ALBERTA PHOENIX TUBE & PIPE LTD.
agreed charges:
alleged unjust discrimination and undue preference; fixed charge ordered 83
Order 94129. . . ....,! 89
application of railways for review and rescission of Judgment and Order 94129 of
April 17, 1958 150
reasons for Judgment 357
i
70714-1—1
2
Subject Page
ALYTH BRIDGE
Calgary, Alta:
reconstruction of, over Canadian Pacific Railway Company's tracks; Judgment. . . 90
Order 94 184 94
Order 96348 446
APPEAL
to Governor General in Council
see— ORDERS IN COUNCIL
to Supreme Court of Canada :
demurrage on grain in bulk; North-West Line Elevators Ltd; suspension of tariff
amendment 162
BARLEY
transit privileges:
rate to apply on difference in weight between inward and outward shipments at
transit point; application of Canada Malting Co. Ltd., and Dominion Malting Co.
Ltd 173
B.C. FRUIT PROCESSORS LTD.
equalization case:
complaint of, re canned fruits and vegetables; also complaint of B.C. Tree Fruits
Ltd., re fresh fruits and vegetables 599
Order 96600 645
B.C. TREE FRUITS LTD.
equalization case:
application of, re fresh fruits and vegetables; also complaint of B.C. Fruit Processors
Ltd. re canned fruits and vegetables 599
Order 96600 645
BELL TELEPHONE CO.
extended area service:
at Montreal, P.Q 255
French version of Judgment 270
general regulations:
re telephone service and equipment 305
increase in rates:
dismissal of appeal re Order 93401 by Order-in-Council P.C. 1958-1625 463
judgment of October 10, 1958, authorizing increases 391
Order 95930 411
postponement of effective date of Order 93265 by Order-in-Council P.C. 1958-306. . 4
postponement of effective date of Order 95930 by Order-in-Council P.C. 1958-1480 463
rescission of Order 93401 by Order-in-Council P.C. 1958-602 95
regrouping of telephone exchanges:
judgment 202
Order 94988 208
BICYCLES
rate on :
ruling re Canada Steamship Lines' Tariff CTC 270; application of Macleod's Ltd.. . 43
BOUNDARY, INTERNATIONAL
distance or mileage commodity rates :
application of fertilizer rates to international boundary, ruling 582
BRANT STREET
Burlington, Ont.:
protection at Canadian National Railways' crossing 379
Order 95962 381
"BRIDGE SUBSIDY"
reduction in freight rates:
between eastern and western Canada;
Order 93793 8
General Order 833 210
3
Subject Page
BRIDGES
Myth Bridge, Calgary, Alta. :
reconstruction of, over Canadian Pacific Railway Company's tracks; Judgment. . . 90
Order 94 184 94
Order 96348 446
D'Arcy Street, Cobourg, Ont. :
overhead bridge; C.P.R.— C.N.R 1
Order 93633 3
BRITISH COLUMBIA ELECTRIC CO.
North Vancouver, B.C. :
Gas mains; construction of, over road of Burrard Inlet Tunnel and Bridge Co.;
Order 97 145 646
BRITISH COLUMBIA TELEPHONE CO.
increase in rates:
judgment 226
Order 94987 241
BULK GRAIN
demurrage charges:
application of North-West Line Elevators Ass'n 133
Order 94426.. < 147
suspension of tariff amendment in re leave to appeal to Supreme Court of Canada ... 182
export and import rates:
on bulk grain and flour; increase under Item 220- A of Tariff X-212 373
Order 95910 378
BURLINGTON, ONT.
Brant Street:
protection at Canadian National Railways' crossing 379
Order 95962 381
CALGARY, ALTA.
bridges:
Alyth bridge; Canadian Pacific Railway Co 90
Order 94 184 94
Order 96348 446
spur tracks:
Canadian Pacific Railway Co.; Meridian Investments Ltd.; Judgment 469
Order 96347 472
CANADA MALTING CO. LTD.
transit privileges:
application re rate to apply on difference in weight of barley at transit point; also
application of Dominion Malting Co. Ltd 173
CANADA STEAMSHIP LINES LTD.
licences:
water-transportation, for 1958 47
. 48
49
75
96
160
161
tariffs :
approval of standard mileage freight tariff 160
ruling re rate on bicycles in Tariff CTC 270; application of Macleod's Ltd 43
CANADIAN FRUIT WHOLESALERS' ASS'N.
currency exchange tariff :
application for amendment to tariff of regulations governing currency exchange. . . 19
CANADIAN NATIONAL RAILWAYS
commuter service:
Quebec City and St. Joachim, P.Q. ; application for authority to discontinue; Order
96358 447
70714-1—2
Subject Page
CANADIAN PACIFIC RAILWAY CO.
abandonment of operations:
Dominion Atlantic Railway; Weston Subdivision, Centreville, N.S., to Weston,
N.S. ; application on behalf of ; Judgment . . 109
licences:
water-transportation, for 1958 586
rates :
released valuation; approval of proportional rate on spent fuel elements, radioactive 325
taking of lands:
Parish of St. Constant; without consent of owner; Order 94294 97
tariffs:
approval of standard mileage freight tariff for Great Lakes Steamship service 158
CANADIAN TRUCKING ASS'NS.
competitive freight rates:
application re disallowance of ; points in western Canada ; status of applicant 65
Order 93945. . . 69
application re disallowance of; points in western Canada; investigation of on
Board's own motion 529
CARRIAGE
highway semi- trailers:
terms and conditions approved 587
CEMENT RATES
equalization case:
extension of time for filing of submissions by railways 50
CENTREVILLE, N.S.
abandonment of operations:
Dominion Atlantic Railway Co.; Weston Subdivision, Centreville, N.S., to Weston,
N.S.; application on behalf of, by Canadian Pacific Railway Co 109
CLASSIFICATION
freight:
approval of proposed Supplement 13 to Canadian Freight Classification No. 20;
Order 93807 10
approval of proposed Supplement 16 to Canadian Freight Classification No. 20;
Order 95034 . .... 186
approval of proposed Supplement 18 to Canadian Freight Classification No. 20;
Order 96802 515
freight and express:
amendment of General Order 695 by General Order 832 157
COBOURG, ONT.
bridges:
D'Arcy Street overhead bridge; C.P.R.— C.N.R 1
Order 93633 3
COMMODITY FREIGHT RATES
equalization case:
extension of time for filing submissions; cement, paper articles, pulpwood and
woodpulp 50
extension of time for filing submissions; 76 mileage scales 159
fresh fruits and vegetables; application of B.C. Tree Fruits Ltd.; also complaint of
B.C. Fruit Processors Ltd 599
Order 96600 645
COMMUTER SERVICE
Canadian National Railways:
application to discontinue between Quebec City and St. Joachim, P.Q. Order 96358 447
5
Subject Page
COMPETITIVE FREIGHT RATES
disallowance:
application re; points in Western Canada; status of applicant, Canadian Trucking
Ass'ns 65
Order 93945 69
application re; points in Western Canada; investigation of on Board's own motion. . 529
CONCENTRATES
silver:
rate on, subject to declared or released valuation; Ontario Northland Railway;
authorization by Order 93824 32
COOPER, E. E.
licences :
water-transportation, for 1958 6
CUMBERLAND RAILWAY & COAL CO.
abandonment of operations:
all services between Springhill, N.S., and Parrsboro, N.S. and to lift materials from
right of way; Judgment 121
Order 94325 127
CURRENCY EXCHANGE
tariff of regulations:
amendment to; import traffic; application of Canadian Fruit Wholesalers' Ass'n. ... 19
D'ARCY STREET
Cobourg, Ont.:
overhead bridge; C.N.R. — C.P.R ; Judgment 1
Order 93633 3
DECLARED VALUATION— see also RELEASED VALUATION
silver concentrates :
rate on, via Ontario Northland Railway; authorization by Order 93824 32
DEMURRAGE CHARGES
bulk grain :
application of North-West Line Elevators Ass'n 133
Order 94426.. 147
suspension of tariff amendment in re leave to appeal to Supreme Court of Canada by
North-West Line Elevators Ass'n 162
DETROIT & WINDSOR SUBWAY CORP.
tunnel tolls:
reasonableness of suspended Tariff C.T.C. 25 193
Order 94703 196
suspension of tariff by Order 93843 11
suspension of tariff by Order 93970 37
"DIFFERENTIAL RATES"
between eastern and western Canada:
joint lake-and-rail, rail-and-lake, and rail-lake-and-rail rates; application of Winni-
peg Chamber of Commerce re alleged unjust discrimination and undue preference 493
Order 96423 514
DISTANCE RATES
fertilizer:
application of, to international boundary; ruling 582
DOCKAGE (GRAIN SCREENINGS)
export rates :
application of via British Columbia ports and Churchill, Man.; application of
North-West Line Elevators Ass'n. et al 533
Order 96855 542
DOMINION ATLANTIC RAILWAY CO.
abandonment of operations:
Weston Subdivision; Centreville, N.S., to Weston, N.S. ; application on behalf of, by
Canadian Pacific Railway Co.; Judgment 109
70714-1— 2\
6
Subject Page
DOMINION MALTING CO.
transit privileges:
on barley; application of, re rate to apply on difference in weight at transit points;
also application of Canada Malting Co. Ltd 173
EAGLE LAKE SAWMILLS LTD.
pipe lines:
requesting Order directing Westcoast Transmission Co. Ltd., to provide junction
with other gas pipe lines at or near Shelley, B.C., Order 94922 185
EXPLOSIVES AND OTHER DANGEROUS ARTICLES
transportation of in rail freight and rail express service:
ammonium nitrate in bulk in covered-hopper cars via rail freight; Order 96952 548
flammable liquids; shipment of samples of, via rail express; B.P. Canada Ltd.;
Order 93763 7
flammable liquids; shipment of samples of, via rail express, Federal Electric Corp.,
at Montreal, P.Q. ; Order 95896 323
hydrofluoric acid or fluoboric acid; via rail freight; Order 93937 35
regulations; Section 73.132 of "Regulations for the Transportation of Explosives
and Other Dangerous Articles in Rail Freight and Rail Express Service" deleted
and new Section substituted therefor; General Order 831 31
"Regulations for the Transportation of Explosives and Other Dangerous Articles
in Rail Freight and Rail Express Service"; General Order 836 445
Sodium-Amatol High Explosives; shipment of via rail freight; Canadian Industries
Ltd.; Order 95743 309
EXPRESS CLASSIFICATION
regulations re submission to Board :
amendment of General Order 695 by General Order 832 157
EXTENDED AREA SERVICE
Bell Telephone Co. :
at Montreal, P.Q 255
French version of judgment 270
EQUALIZATION OF FREIGHT RATES
commodity rates:
extension of time for filing submissions by railways; cement, paper articles, pulp-
wood and woodpulp 50
extension of time for filing submissions; 76 commodity mileage scales 159
fresh fruits and vegetables; application of B.C. Tree Fruits Ltd.; also complaint
of B.C. Fruit Processors Ltd. re canned fruits and vegetables 599
Order 96600 645
EXCHANGE, CURRENCY
tariff of regulations:
application by Canadian Fruit Wholesalers' Ass'n., for amendment thereto on
import traffic 19
EXPORT RATES
application of:
to dockage and grain screenings exported via British Columbia ports and Churchill,
Man.; application of North-West Line Elevators' Ass'n, et al 533
Order 96885 542
increases in :
on flour and bulk grain, under Item 220-A of Tariff X-212 373
Order 95910 378
publication on short notice; review of Board's procedure 337
FERTILIZER RATES
application of:
distance or mileage commodity rates, to international boundary; ruling 582
7
Subject Page
FIXED CHARGE
pipe and skelp:
application of Alberta Phoenix Tube and Pipe Ltd., in re alleged unjust discrimina-
tion and undue preference 83
Order 94129 89
application of railways for review and rescission of Judgment and Order 94129 of
April 17, 1958 150
reasons for Judgment 357
Prairie Pipe Manufacturing Co. Ltd 474
FLOUR
export and import rates:
increase under Item 220-A of Tariff X-212 373
Order 95910 378
FREIGHT CLASSIFICATION— see CLASSIFICATION
FREIGHT RATES— see also COMMODITY RATES, COMPETITIVE RATES, DIF-
FERENTIAL RATES, DISTANCE RATES, EXPORT RATES,
IMPORT RATES, INTERNATIONAL RATES, LAKE-AND-RAIL
RATES, MILEAGE RATES, and RATES,
equalization case:
extension of time for filing submissions by railways; cement, paper articles, pulp-
wood and woodpulp 50
extension of time for filing submissions; 76 commodity mileage scales 159
fresh fruits and vegetables; application of B.C. Tree Fruits Ltd.; also complaint of
B.C. Fruit Processors Ltd. re canned fruits and vegetables 599
Order 96600 645
increase in: Pamphlet
authorized by Judgment and Order 96300 of November 17, 1958; 17% case. . . .No. 16-A
postponement of effective date by Order-in-Council P.C. 1958-305 4
application for final relief; procedure for hearing 516
rescission of, by Order-in-Council P.C. 1958-601 95
reductions in :
between eastern and western Canada; "bridge subsidy"; Order 93793 8
between eastern and western Canada; "bridge subsidy"; General Order 833 210
FREIGHT TARIFF
standard mileage:
approval of ; Canada Steamship Lines' Ltd 160
approval of; Canadian Pacific Railway Co.; Great Lakes Steamship Service 158
approval of; Northwest Steamships Ltd 159
FRUITS & VEGETABLES
equalization case:
application of B.C. Tree Fruits Ltd., and complaint of B.C. Fruit Processors Ltd. . . 599
Order 96600 645
GENERAL ORDERS
831:
Regulations for the Transportation of Explosives and Other Dangerous Articles in
Rail Freight and Rail Express Service 31
832:
amending General Order 695 re freight and express classification 157
833:
reduction in freight rates between eastern and western Canada; "bridge subsidy". . 210
834:
regulations governing publication, filing and posting of passenger tariffs by railways 310
835:
water transportation; mileage distances on Mackenzie River watershed 434
836:
Regulations for the Transportation of Explosives and Other Dangerous Articles in
Rail Freight and Rail Express Service 445
837:
uniform classification and system of pipe line accounts and reports 542
8
Subject Page
GENERAL REGULATIONS
Bell Telephone Co. :
furnishing of telephone service and equipment 305
GRADE SEPARATIONS
see— RAILWAY-HIGHWAY GRADE SEPARATIONS
GRAIN
demurrage charges:
on bulk grain; application of North-West Line Elevators' Ass'n 133
Order 94426 147
suspension of tariff amendment in re leave to appeal to Supreme Court of Canada;
North-West Line Elevators' Ass'n 162
dockage and screenings:
application of export rates thereto, via British Columbia ports and Churchill, Man.;
application of North-West Line Elevators' Ass'n et al 533
Order 96855 542
export and import rates:
increase under Item 220-A of Tariff X-212 373
Order 95910 378
HIGHWAY SEMI-TRAILERS
carriage of :
terms and conditions 587
IMPORT RATES
increase in:
under Item 220-A of Tariff X-212 373
Order 95910 . 378
publication on short notice; review of Board's procedure 337
IMPORT TRAFFIC
currency exchange regulations:
application for amendment to tariff of ; Canadian Fruit Wholesalers' Ass'n 19
INCREASES
export and import rates:
flour and bulk grain; Item 220-A of Tariff X-212. . . 373
Order 959 10 378
publication on short notice; review of Board's procedure 337
general increase in freight rates: Pamphlet
Judgment and Order 96300 of November 17, 1958; 17% case No. 16-A
postponement of effective date by Order-in-Council P.C. 1958-305 4
procedure re hearing of application for final relief 516
rescission of, by Order-in-Council P.C. 1958-601 95
international rates:
publication on short notice; review of Board's procedure 337
publication on short notice:
international and related export and import rates ; review of Board's procedure 337
telephone rates:— see TELEPHONES
INDUSTRIAL TRAFFIC BUREAU LTD.
transit arrangements on rough lumber:
application re 70
Order 93975 74
INTERNATIONAL BOUNDARY
distance or mileage commodity rates:
application of; fertilizer rates to international boundary; ruling 582
INTERNATIONAL BRIDGES & TUNNELS
see OGDENSBURG BRIDGE AUTHORITY and TUNNEL TOLLS
9
Subject Page
INTERNATIONAL RATES
increases in :
publication on short notice; review of Board's procedure 337
INTERPROVINGIAL PIPE LINE CO.
oil pipe line:
Sarnia, Ontario; from LaSalle Road, Township of Moore, Ontario, to the Sun Oil Co.;
Order 94597 148
Trafalgar, Ontario, Township of; Order 94684 158
LACHANCE, MR. EUGENE
telephone service:
application for from Bell Telephone Co 291
French version of Judgment 298
LAKE-AND-RAIL RATES
differential rates:
between eastern and western Canada; application of Winnipeg Chamber of Com-
merce re alleged unjust discrimination and undue preference 493
Order 96423 514
LICENCES
water-transportation, 1958:
Canada Steamship Lines Ltd 47
48
49
75
160
161
Canadian Pacific Ry. Co 586
Cooper, E. E 6
Mclnnes Products Corp. Ltd 76
Northern Transportation Co. Ltd 32
Northwest Steamships Ltd 47
Yankcanuk Steamships Ltd 35
water transportation, 1959:
Northern Transportation Co. Ltd 545
LUMBER, ROUGH
transit arrangements:
application of Industrial Traffic Bureau Ltd 70
Order 93975 74
MACKENZIE RIVER WATERSHED
mileage distances:
for water transportation; General Order 835 434
MACLEOD'S LIMITED
rate on bicycles:
application for ruling; Canada Steamship Lines' Tariff CTC 270 43
MALONE, N.Y.
discontinuance of passenger service:
New York Central Railroad; application to discontinue passenger service between
Malone, N.Y., and Montreal, Que.; Judgment 481
Order 95597 308
McINNES PRODUCTS CORP. LTD.
licences :
water- transportation for 1958 76
MERIDIAN INVESTMENTS LTD.
spur tracks:
Canadian Pacific Railway Co., at Calgary, Alta.; Judgment 469
•Order 96347 472
10
Subject Page
MID-CONTINENT PIPE LINES LTD.
gas pipe line:
construction of; vicinity of Alberta-Saskatchewan boundary; Order 93742 5
MILEAGE DISTANCES
Mackenzie River Watershed :
General Order 835 434
MILEAGE RATES
fertilizer :
application of, to International boundary; ruling 582
MONTREAL, P.Q.
discontinuance of passenger service:
New York Central Railroad; application to discontinue passenger service between
Malone, N.Y., and Montreal, Que.; Judgment 481
Order 95597 308
NEW YORK CENTRAL RAILROAD CO.
discontinuance of passenger service :
between Malone, N.Y. and Montreal, Que.; application of N.Y.C., lessee of St.
Lawrence and Adirondack Rly. Co., for authority to discontinue passenger train
service; Judgment 481
Order 95597 308
NIAGARA, ST. CATHARINES AND TORONTO RAILWAY CO.
discontinuance of passenger service:
N. St. C. & T. Rly. Co. (Canadian National Railways); application for authority to
discontinue passenger train service between Port Colborne and Thorold, Ont.;
Order 96824 581
NORTHERN TRANSPORTATION CO. LTD.
licences:
water transportation, 1958 32
water transportation, 1959 545
NORTH-WEST LINE ELEVATORS' ASS'N
demurrage charges:
on bulk grain; application of 133
Order 94426 147
on bulk grain; suspension of tariff amendment in re leave to appeal to Supreme
Court of Canada 162
dockage and grain screenings :
application of export rates on, via British Columbia ports and Churchill, Man 533
Order 96855 542
NORTHWEST STEAMSHIPS LTD.
licences :
water-transportation, 1958 47
tariffs :
approval of standard mileage freight tariff 159
NOTICE
freight rate increases:
publication on short-notice of international and related export and import rates;
review of Board's procedure 337
OGDENSBURG BRIDGE AUTHORITY
taking of lands:
application to take certain lands at Prescott, Ontario, and to erect a bridge; Order
94039 50
ONTARIO NORTHLAND RAILWAY
rules subject to declared or released valuation:
on silver concentrates; authorized by Order 93824 32
11
Subject Page
ORDERS-IN-COUNCIL
P.C. 1958-305:
postponement of effective date of general freight rate increase 4
P.C. 1958-306:
postponement of effective date of Bell Telephone rate increase 4
P.C. 1958-601:
rescinding railway freight rate increase 95
P.C. 1958-602:
rescinding Bell Telephone rate increase 95
P.C. 1958-1480:
postponement of effective date; Bell Telephone rate increase 463
P.C. 1958-1625:
dismissing appeal re Bell Telephone rate increase 463
ORDERS OF THE BOARD— see SUMMARIES OF BOARD ORDERS
PAPER ARTICLES
equalization case:
freight rates on; extension of time for filing submissions by railways 50
PARISH OF STE. DOROTHEE, P.Q.
tunnel:
application of Quebec Dept. of Highways; Judgment 197
Order 94305 98
Order 94764 201
PARRSBORO, N.S.
abandonment:
Cumberland Railway and Coal Co. ; application of, to abandon all services of its
railway between Springhill, N.S., and Parrsboro, N.S. and to lift its materials
from the right of way; Judgment 121
Order 94325 127
PASSENGER TARIFFS
regulations:
governing publication, filing and posting, General Order 834 310
PASSENGER TRAIN SERVICE
discontinuance of:
Canadian National Railways; commuter service between Quebec City and St.
Joachim, P.Q.; Order 96358 447
New York Central Railroad Co. ; lessee of St. Lawrence and Adirondack Rly. Co. ;
application to wholly discontinue passenger train service between Malone, N.Y.,
and Montreal, P.Q. ; Judgment 481
Order 95597 308
Niagara, St. Catherines and Toronto Rly. Co. (Canadian National Railways);
application to discontinue passenger train service between Port Colborne and
Thorold, Ontario; Order 96824 581
PIPE LINES ACT
accounts and reports:
Uniform Classification and system of pipe line accounts and reports; General
Order 83 7 542
Eagle Lake Sawmills Ltd.:
requesting Order directing Westcoast Transmission Co. Ltd., to provide junction
with other gas pipe lines at or near Shelley, B.C.; Order 94922 185
Interprovincial Pipe Line Co. :
oil pipe line; Sarnia, Ontario; from LaSalle Road, Township of Moore, Ont., to the
Sun Oil Co. ; Order 94597 '. 148
oil pipe line; Trafalgar, Ontario, Township of; Order 94684 158
Mid-Continent Pipe Lines Ltd.:
gas pipe line; construction of; vicinity of Alberta-Saskatchewan boundary; Order
93742 5
12
Subject Page
PIPE LINES ACT— concluded
Westcoast Transmission Co. Ltd. :
Prince George, B.C.; to provide facilities for junction of its lines and other lines;
Order 94921 581
PIPE & SKELP
agreed charges:
alleged unjust discrimination and undue preference; application of Alberta Phoenix
Tube and Pipe Ltd.; fixed charge ordered by Board 83
Order 94 129 89
application by railways for review and rescission of Judgment and Order 94129 of
April 17, 1958 150
reasons for Judgment 357
fixed charge for Prairie Pipe Manufacturing Co. Ltd 474
PORT COLBORNE, ONT.
passenger service:
Niagara, St. Catharines and Toronto Rly. Co., (Canadian National Railways);
application to discontinue passenger train service between Port Colborne and
Thorold, Ontario; Order 96824 581
POSTPONEMENT
effective date :
increases in Bell Telephone rates; Order-in-Council P.C. 1958-306 4
increases in Bell Telephone rates; Order-in-Council P.C. 1958-1480 463
increase in railway freight rates; Order-in-Council P.C. 1958-305 4
PRAIRIE PIPE MANUFACTURING CO. LTD.
fixed charge:
in relation to agreed charges 474
PRINCE GEORGE, B.C.
pipe lines:
Westcoast Transmission Co. Ltd., to provide facilities for junction of its line and
other lines; Order 94921 184
PROPORTIONAL RATE
spent fuel elements, radio-active :
approval of rate subject to declared or released valuation; Canadian Pacific Railway
Co 325
PROTECTION AT RAILWAY CROSSINGS
Canadian National Railways:
Burlington, Ontario; Brant Street 379
Order 95962 381
PUBLICATION
increases in freight rates:
review of Board's procedure re publication on short notice of increases in inter-
national and related export and import rates 337
PULPWOOD
equalization case:
extension of time for filing of submissions by railways 50
QUEBEC
Department of Highways:
re tunnel in Parish of Ste. Dorothee, P.Q.; judgment 197
Order 94305 98
Order 94764 201
QUEBEC CITY
commuter service:
discontinuance of; between Quebec City and St. Joachim, P.Q.; application for
authority to discontinue; Order 96358 447
RAILWAY-HIGHWAY GRADE SEPARATIONS
apportionment of cost:
re utility companies 57
13
Subject Page
RATES
competitive freight:
in western Canada; application of Canadian Trucking Ass'ns re disallowance; status
of applicant 65
Order 93495 69
investigation of, on Board's own motion 529
declared or released valuation :
silver concentrates ; Ontario Northland Railway ; authorization by Order 93824 32
spent fuel elements, radio-active; Canadian Pacific Railway Co.; authorization by
Order 325
distance or mileage:
fertilizer; application of, to international boundary; ruling 582
equalization of freight rates:
fresh fruits and vegetables; commodity rates; application of B.C. Tree Fruits Ltd.;
also complaint of B.C. Fruit Processors Ltd. re canned fruits and vegetables 599
Order 96600 645
cement, paper articles, pulpwood and woodpulp; commodity rates; extension of
time for filing of submissions by railways 50
commodity mileage scales (76) ; extension of time for filing of submissions 159
increases in freight rates:
export and import; bulk grain and flour; Item 220-A of Tariff X-212 373
Order 95910 378
general increase; Judgment and Order 96300 , Pamphlet
No. 16-A
postponement of effective date of general increase by Order-in-Council P.C. 1958-305 4
publication on short notice; international and related export and import rates;
review of Board's procedure 337
rescission of general increase by Order-in-Council P.C. 1958-601 95
lake and rail:
differential rates; between eastern and western Canada; application of Winnipeg
Chamber of Commerce 493
Order 96423 514
on bicycles:
ruling re application rate; Canada Steamship Lines' Tariff CTC 270; application
of Macleod's Ltd 43
on dockage and grain screenings:
export grain via British Columbia ports and Churchill, Man.; application of North-
West Line Elevators' Ass'n et al 533
Order 96855 542
reduction in freight rates:
"bridge subsidy"; between eastern and western Canada; Order 93793 8
"bridge subsidy"; between eastern and western Canada; General Order 833 210
telephone:
Bell Telephone Co.; exchange regrouping 202
Order 94988 208
Bell Telephone Co.; increase in; postponement of effective date by Order-in-Council
P.C. 1958-306 4
Bell Telephone Co. ; increase in ; rescission of, by Order-in-Council P.C. 1958-602 .... 95
Bell Telephone Co.; increase in; Judgment 391
Order 95930 411
Bell Telephone Co.; increase in; postponement of effective date by Order-in-Council
P.C. 1958-1480 463
Bell Telephone Co.; increases in; appeal dismissed by Order-in-Council P.C.
1958-1625 463
British Columbia Telephone Co.; increase in; Judgment 225
Order 94987 : 241
British Columbia Telephone Co.; increase in; Judgment 555
Order 96660 564
transit privilege :
on difference in weight of barley between inward and outward shipments at transit
point; application of Canada Malting Co. Ltd. and Dominion Malting Co. Ltd. 173
14
Subject Page
REDUCTION
freight rates:
between eastern and western Canada; "bridge subsidy"; Order 93793 8
between eastern and western Canada; "bridge subsidy"; General Order 833 210
REGROUPING
telephone exchanges:
Bell Telephone Company 202
Order 94988 208
REGULATIONS
tariffs:
governing publication, filing and posting of passenger tariffs; General Order 834 310
telephone companies:
general regulations of Bell Telephone Co.; service and equipment 305
RELEASED VALUATION— see DECLARED VALUATION ■
freight rates:
proportional rate on spent fuel elements, radio-active; approval of; Canadian Pacific
Railway Co 325
RESCISSION
agreed charges:
application by railways for review and rescission of Judgment and Order 94129 of
April 17, 1958, in re fixed charge in relation to agreed charges on pipe and skelp. 150
reasons for Judgment 357
fixed charges:
see — agreed charges above
rate increases:
Bell Telephone Co. ; Order-in-Council P.C. 1958-602 95
railway freight rates; Order-in-Council P.C. 1958-601 95
REVIEW OF JUDGMENT AND ORDER
agreed charges:
application by railways for review and rescission of Judgment and Order 94129 of
April 17, 1958, in re fixed charge on relation to agreed charges on pipe and skelp. 150
reasons for Judgment 357
fixed charges:
see — agreed charges above
RULINGS
rate on bicycles:
Canada Steamship Lines' Tariff CTC 270; application of Macleod's Ltd 43
rates to international boundary:
application of distance or mileage commodity rates to international boundary 582
ST. AGAPITVILLE, P.Q.
repairs :
viaduct and lateral sidewalks; judgment 428
Order 96042.. 430
French version of Judgment and Order 431
ST. CONSTANT, P.Q.
taking of lands:
Parish of St. Constant; application of Canadian Pacific Railway Co., to take certain
lands without consent of owner; Order 94294 ■ 97
STE. DOROTHEE, P.Q.
tunnel:
application of Quebec Dept. of Highways; Judgment 197
Order 94305 98
Order 94764 201
ST. JOACHIM, P.Q.
commuter service:
application of Canadian National Railways for authority to discontinue between
Quebec City and St. Joachim, P.Q.; Order 96358 447
15
Subject Page
ST. LAWRENCE & ADIRONDACK RAILWAY CO.
discontinuance of passenger service:
Malone, N.Y., and Montreal, Que.; application of New York Central Railroad Co.;
lessee, for authority to discontinue passenger train service; Judgment 481
Order 95597 308
SCREENINGS, GRAIN (DOCKAGE)
rate on :
export grain via British Columbia ports and Churchill, Man.; application of North-
West Line Elevators' Ass'n et al 533
Order 96855 542
SEMI-TRAILERS, HIGHWAY
carriage of :
terms and conditions approved 587
SERVICE, TELEPHONE
application for:
service from Bell Telephone Co. by Mr. Eugene Lachance 291
French version of Judgment 298
general regulations:
service and equipment, furnishing of; Bell Telephone Co 305
SILVER CONCENTRATES
declared or released valuation :
Ontario Northland Railway; authorization by Order 93824 32
SKELP & PIPE
agreed charges:
alleged unjust discrimination and undue preference; application of Alberta Phoenix
Tube and Pipe Ltd.; fixed charge ordered by Board 83
Order 94 129 89
application by railways for review and rescission of Judgment and Order 94129 of
April 17, 1958 150
reasons for Judgment 357
fixed charge for Prairie Pipe Manufacturing Co. Ltd 474
SPENT FUEL ELEMENTS, RADIO-ACTIVE
declared or released valuation :
proportional rate ; Canadian Pacific Railway Co. ; authorization by Order 95995 325
SPRINGHILL, N.S.
abandonment of operations:
Cumberland Railway and Coal Co.; between Springhill, N.S., and Parrsboro, N.S.,
and to lift its materials from the right of way; Judgment 121
Order 9432 5 127
SPUR TRACKS
Meridian Investments Ltd.:
Canadian Pacific Railway Co.; Judgment 469
Order 96347 472
STANDARD MILEAGE FREIGHT TARIFFS
approval of :
Canada Steamship Lines Ltd 160
Canadian Pacific Railway Co.; Great Lakes Steamship Service 158
Northwest Steamships Ltd 159
SUMMARIES OF BOARD ORDERS
93722 to 93823 14
93824 to 93924 39
93925 to 94026 52
94027 to 94133 77
94134 to 94321 100
94322 to 94425 115
94426 to 94521 128
94522 to 94619 152
16
Subject Page
SUMMARIES OF BOARD ORDERS— concluded
94620 to 94853 163
94854 to 94984 187
94985 to 95185 . 214
95186 to 95332 247
95333 to 95438 285
95439 to 95599 313
95600 to 95799 327
95800 to 95999 345
96000 to 96166 382
96167 to 96370 451
96371 to 96446 464
96447 to 96524 476
96525 to 96776 518
96777 to 96900 549
96901 to 97053 591
97054 to 972 11 647
SUSPENSION OF TARIFFS
demurrage tariff amendment:
grain in bulk; in re leave to appeal to Supreme Court of Canada; North-West Line
Elevators' Ass'n 162
tunnel tolls:
Detroit and Windsor Subway Corp.; Order 93843 11
Detroit and Windsor Subway Corp.; Order 93970 37
TAKING OF LANDS
Canadian Pacific Railway Co. :
application to take certain lands without consent of owner; Parish of St. Constant;
Order 94294 97
Ogdensburg Bridge Authority:
application for leave to take certain lands at Prescott, Ontario; and to erect a bridge;
Order 94039 50
TARIFFS
currency exchange regulations :
application for amendment thereto by Canadian Fruit Wholesalers' Ass'n 19
freight :
standard mileage; Canada Steamship Lines Ltd.; approval of 160
standard mileage; Canadian Pacific Railway Co.; Great Lakes Steamships Service;
approval of 158
standard mileage; Northwest Steamships Ltd.; approval of 159
passenger :
regulations governing publication, filing and posting; General Order 834 310
tunnel tolls:
Detroit and Windsor Subway Corp.; reasonableness of suspended tariff 193
Order 94703 196
Detroit and Windsor Subway Corp.; suspension of, by Order 93843 11
Detroit and Windsor Subway Corp.; suspension of, by Order 93970 37
TELEPHONES
exchange regrouping :
Bell Telephone Co 202
Order 94988 208
extended area service :
at Montreal, P.Q. ; Bell Telephone Co 255
French version of Judgment 270
increases in rates:
Bell Telephone Co. ; appeal in re, dismissed by Order-in-Council P.C. 1958-1625 463
Bell Telephone Co.; judgment re general increase in rates 391
Order 95930 411
Bell Telephone Co.; postponement of effective date by Order-in-Council P.C. 1958-
306 4
17
Subject Page
TELEPHONES— concluded
increases in rates:
Bell Telephone Co.; postponement of effective date by Order-in-Council P.C. 1958-
1480 463
Bell Telephone Co.; rescission of, by Order-in-Council P.C. 1958-602 95
British Columbia Telephone Co.; judgment re general increase in rates 225
Order 94987 241
British Columbia Telephone Co.; judgment re general increase in rates 555
Order 96660 564
service
application for from Bell Telephone Co. by Mr. Eugene Lachance 291
French version of Judgment 298
regulations, general; service and equipment; Bell Telephone Co 305
THOROLD, ONT.
discontinuance of passenger service:
Niagara, St. Catharines and Toronto Railway Co., (Canadian National Railways)
application for authority to discontinue passenger train service between Port
Colborne and Thorold, Ontario; Order 96824 581
TRAILERS, HIGHWAY SEMI-
carriage of:
terms and conditions 587
TRANSIT ARRANGEMENTS
on barley:
rate to apply on difference in weights between inward and outward shipments at
transit point; application of Canada Malting Co. Ltd.; and Dominion Malting
Co. Ltd 173
on lumber, rough:
application of Industrial Traffic Bureau Ltd 70
Order 93975 74
TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES
General Orders:
I 831. UJ^'maJSSS,!!^ 31
836 :. 445
Orders :
| 93763 7
93937 35
95743 309
95896 323
96952 , 548
TUNNELS
Ste. Dorothee, P.Q., Parish of:
application of Quebec Dept. of Highways; Judgment 197
Order 94305 98
Order 94 764 201
TUNNEL TOLLS
Detroit and Windsor Subway Corp. :
Order 94703 196
reasonableness of suspended tariff 193
suspension of tariff by Order 93843 11
suspension of tariff by Order 93970 37
UNIFORM CLASSIFICATION OF ACCOUNTS
pipe line accounts and reports:
General Order 837 542
UTILITY COMPANIES
grade separations:
apportionment of costs of railway and highway grade separations 57
18
Subject Page
VALUATION
declared or released :
silver concentrates ; Ontario Northland Railway ; authorization of by Order 93824 ... 32
spent fuel elements, radio-active; proportional rate on; Canadian Pacific Railway
Co. ; authorization by Order 95995 325
VEGETABLES
equalization case:
fresh fruits and vegetables; application of B.C. Tree Fruits Ltd.; also complaint of
B.C. Fruit Processors Ltd. re canned fruits and vegetables 599
Order 96600 645
WATER TRANSPORTATION
licences for 1958:
Canada Steamship Lines Ltd 47
48
, M
75
. . . 160
161
Canadian Pacific Ry. Co 586
Cooper, E. E 6
Mclnnes Products Corp. Ltd 76
Northern Transportation Co. Ltd 32
Northwest Steamships Ltd 47
Yankcanuk Steamships Ltd 35
licences for 1959:
Northern Transportation Co. Ltd 545
WEIGHT
transit privilege on barley:
rate to apply on difference in weight between inward and outward shipments at
transit point; application of Canada Malting Co. Ltd., and Dominion Malting
Co. Ltd 173
WESTCOAST TRANSMISSION CO. LTD.
pipe lines:
to provide facilities for junction of its line and other lines at Prince George, B.C.;
Order 94921 184
WESTON, N.S.
abandonment of operations:
Dominion Atlantic Railway Co.; Weston Subdivision; Centreville, N.S., to Weston,
N.S. ; application on behalf of, by Canadian Pacific Railway Co. ; Judgment 109
WINNIPEG CHAMBER OF COMMERCE
application re differential rates:
joint lake-and-rail, rail-and-lake and rail-lake-and-rail rates; alleged unjust dis-
crimination and undue preference 493
Order 96423 514
WOODPULP
equalization case:
extension of time for filing of submissions by railways 50
YANKCANUK STEAMSHIPS LTD.
licence :
water-transportation, 1958 35
The Queen's Printer and Controller of Stationery, Ottawa, 1959
QTfje poarb of
transport Commt^toner^ for Canatra
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, APRIL I, 1959^^?//, No.
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Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of the City of Montreal, in the Province of
Quebec, for authority to construct a subway under the tracks of the
Canadian Pacific Railway Company at Cremazie Boulevard (Metropolitan
Boulevard), in the City of Montreal, Quebec, at mileage 7.24 Park
Avenue Subdivision: and in the matter of the apportionment of the cost
of the said construction.
File No. 9437.1338
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
Dawson A. McDonald, Q.C.,1
and (• for the City of Montreal.
George C. Gould, J
K. D. M. Spence, Q.C., 1
and \ for the Canadian Pacific Railway
A. J. Alliston, J Company.
Heard at Montreal, P.Q., on January 21, 1959.
JUDGMENT
Sylvestre, Deputy Chief Commissioner.
On May 30, 1957, the Board issued its Order No. 91671 following an applica-
tion of the City of Montreal for authority to construct a subway under the
tracks of the Canadian Pacific Railway Company at Cremazie Boulevard
(Metropolitan Boulevard) in the City of Montreal, Province of Quebec, mileage
7.24, Park Avenue Subdivision. By paragraph 3 of this Order — the question
of apportionment of cost of construction and maintenance of the subway — was
reserved for further consideration and Order of the Board.
The subway has been completed and the Canadian Pacific Railway Com-
pany was authorized by Board Order No. 94834, dated July 10, 1958, to operate
1
69460-4—1
2
its trains over it. Before approval was given for the construction of this
subway, the question of the apportionment of cost had been discussed between
the City of Montreal and the Canadian Pacific Railway Company but no agree-
ment was reached and it is for this reason that the City of Montreal asked the
Board to hold a public hearing on the question of the apportionment of cost.
This hearing was held in Montreal on January 19, 1959.
It was established at the hearing that Cremazie Boulevard was approxi-
mately 25 feet wide at the time that the railway was constructed across this
road. Traffic has gradually increased on this highway. In 1930 the Board
ordered the installation of wig-wag signals and bell at this crossing. The cost
of maintenance of the protection was divided equally between the City of
Montreal and the Railway. In 1948 the Railway was directed to install two
flashing light signals and one bell in lieu of the wig-wag signal and, on June 22,
1956, the Board issued its Order No. 89080 directing the installation of two
flashing light signals, two short-arm gates and one bell. The Order directed
that sixty per cent of the cost of the installation be paid out of the Railway
Grade Crossing Fund, twenty-five per cent by the City of Montreal and the
remainder to be borne and paid by the Canadian Pacific Railway Company.
The cost of maintenance and operation of the protection to be borne in equal
amounts by the City of Montreal and the Canadian Pacific Railway Company.
Before the Railway was ready . to proceed with the installation of the
automatic gates, the City of Montreal applied for the construction of a subway.
This subway is an unusually elaborate structure of reinforced concrete includ-
ing two center roadways 36 feet wide and two outer roadways 24 feet wide
and 6 foot sidewalks making a distance of 156 feet and 6 inches between abut-
ments. This structure had been estimated at $1,300,000. It is clear that the
reason for the construction of such an elaborate structure is because Cremazie
Boulevard will become part of the new Metropolitan Boulevard. It would
therefore be unreasonable to use the figure of $1,300,000 as a basis for determin-
ing the apportionment of costs in this case. Had it not been to accommodate
the anticipated heavy traffic on the new Metropolitan Boulevard, the cost of a
subway at this location would have been considerably less than $1,300,000.
The Canadian Pacific Railway Company has estimated its benefits from the
construction of a grade separation at this location at $14,877 based on the
capitalized cost of maintenance of the crossing plus maintenance and operation
of flashing lights and short arm gates which the Board ordered on June 22,
1956 by its Order No. 89080. The Board can contribute a maximum of sixty
per cent not exceeding $300,000 towards the cost of construction of this subway
leaving a remainder of $1,000,000 to be divided between the City of Montreal
and the Railway.
The offer of the Railway would represent a little better than one per
cent of the cost of this subway. It seems to me that over and above the
immediate benefits that can be estimated in dollars and cents, there are con-
siderations that should be taken into account in determining to what extent
the Railway should contribute to a project of this kind. On the other hand,
the City of Montreal has considered that the Railways' share of the cost of this
project should be in the neighbourhood of at least $75,000. This amount is
out of proportion with the advantages for the Railway resulting from this
project.
There is no doubt that the presence of the Railway at this location has
forced the City of Montreal to spend considerable money to carry its Metro-
politan boulevard across the Railway but even if a grade separation had been
provided within the limits of the right-of-way of the Cremazie Boulevard
existing at the time that the Railway was constructed, the cost of such a grade
3
separation would require the City of Montreal to spend a considerable sum of
money to carry its highway traffic across the railway by means of a grade
separation.
In view of the above, and taking into consideration the decision of the
Board in the cases of the Township of Etobicoke and the Municipality of
Metropolitan Toronto for grade separations at Royal York Road and Dundas
Street, and of the subway at Bloor Street West, both reported in 76 C.R.T.C.
at page 1, and in the case of a subway under C.N.R. at Greenwood Avenue,
reported in 36 J.O.R. & R. at page 38, I consider that a fair apportionment of
cost in this case would be sixty per cent not exceeding $300,000 from the
Railway Grade Crossing Fund, $35,000 by the Canadian Pacific Railway
Company and the remainder to be paid by the City of Montreal; the cost of
maintenance of the said subway to be borne and paid by the City of Montreal.
Order to go accordingly.
A. SYLVESTRE.
February 24, 1959.
I concur:
H. B. Chase.
69460-4—2
4
ORDER No. 97229
In the matter of the apportionment of the cost of construction and maintenance
of the subway under the tracks of the Canadian Pacific Railway Company
at Cremazie Boulevard (Metropolitan Boulevard), in the City of Mont-
real, Quebec, at mileage 7.24 Park Avenue Subdivision, which was
authorized to be constructed by Order No. 91671, dated May 30, 1957:
File No. 9437.1338
Thursday, the 26th day of February, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the matter at a sittings of the Board held in Montreal, P.Q.,
in the presence of Counsel for the City of Montreal and the Canadian Pacific
Railway Company —
It is hereby ordered as follows:
1. Sixty per cent of the cost of construction of the said subway, not exceed-
ing, however, the sum of $300,000.00, shall be paid out of The Railway Grade
Crossing Fund, $35,000.00 shall be paid by the Canadian Pacific Railway
Company, and the balance of the said cost shall be borne and paid by the City
of Montreal.
2. The cost of maintenance of the said subway shall be borne and paid by
the City of Montreal.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
5
Relativement a la requete de la cite de Montreal, dans la province de Quebec, en
vue d'obtenir Vautorisation de construire un passage inferieur sous la
voie ferree de la Compagnie de chemin de fer du Pacifique-CanadAen au
boulevard Cremazie (boulevard Metropolitain) dans la cite de Montreal
(P.Q.), au point milliaire 7.24 de la subdivision de V avenue du Pare: et
relativement a la repartition du cout de ladite construction.
Dossier n° 9437.1338
Devant:
A. Sylvestre, C.R., commissaire en chef suppleant.
H. B. Chase, C.B.E., commissaire.
Ont comparu:
Dawson A. McDonald, C.R., et George C. Gould, pour la cite de
Montreal.
K. D. M. Spence, C.R., et A. J. Alliston, pour la Compagnie de
chemin de fer du Pacifique-Canadien.
Entendue a Montreal (P.Q.), le 21 janvier 1959.
JUGEMENT
M. Sylvestre, commissaire en chef suppleant:
Le 30 mai 1957, la Commission a rendu son ordonnance n° 91671 a la suite
d'une requete de la cite de Montreal en vue d'obtenir l'autorisation de construire
un passage inferieur sous la voie ferree de la Compagnie de chemin de fer du
Pacifique-Canadien au boulevard Cremazie (boulevard Metropolitain) dans la
cite de Montreal, province de Quebec, au point milliaire 7.24 de la subdivision
de l'avenue du Pare. Aux termes de l'article 3 de cette ordonnance, la question
de la repartition du cout de construction et d'entretien du passage inferieur a
ete laissee en suspens pour un examen plus approfondi et une ordonnance de
la Commission.
La construction du passage inferieur est terminee et la Compagnie de
chemin de fer du Pacifique-Canadien a ete autorisee par l'ordonnance n° 94834
de la Commission, en date du 10 juillet 1958, a y faire passer ses convois. Avant
que la construction de ce passage inferieur ne fut approuvee, la cite de Montreal
et la Compagnie de chemin de fer du Pacifique-Canadien avaient engage des
pourparlers au sujet de la repartition du cout de cette entreprise, mais aucun
accord n'avait ete conclu et e'est pour cette raison que la cite de Montreal a
prie la Commission de convoquer une audience publique sur la question de la
repartition du cout. Cette audience a eu lieu a Montreal le 19 janvier 1959.
II a ete etabli a l'audience que le boulevard Cremazie avait une largeur
approximative de 25 pieds a l'epoque ou la voie ferree fut construite de facon
a traverser ce chemin. La circulation a graduellement augmente sur cette route.
En 1930, la Commission ordonna l'installation de signaux a pendule et d'une
sonnerie a ce passage a niveau. Le cout d'entretien du systeme de protection
fut reparti egalement entre la cite de Montreal et la Compagnie de chemin de
fer. En 1948, il fut enjoint a la Compagnie de chemin de fer d'installer deux
signaux clignotants et une sonnerie au lieu des signaux a pendule et, le 22 juin
1956, la Commission rendit l'ordonnance n° 89080 qui prescrivait l'installation
de deux signaux clignotants, de deux barrieres a bras courts et d'une sonnerie.
Aux termes de cette ordonnance, 60 p. 100 du cout de l'installation devaient
etre preleves sur la Caisse des passages a niveau et 25 p. 100 payes par la cite
69460-4—24
6
de Montreal alors que le reliquat devait etre a la charge de la Compagnie de
chemin de fer du Pacifique-Canadien. Le cout de l'entretien et du fonctiorme-
ment du systeme de protection devait etre paye a parts egales par la cite de
Montreal et par la Compagnie de chemin de fer du Pacifique-Canadien.
Avant que la Compagnie de chemin de fer fut prete a entreprendre l'ins-
tallation des barrieres automatiques, la cite de Montreal presenta une requete
pour la construction d'un passage inferieur. Ce passage inferieur constitue un
ouvrage en beton arme tres important qui comprend deux chaussees centrales
de 36 pieds de largeur, deux chaussees exterieures de 24 pieds de largeur et
des trottoirs de 6 pieds donnant une distance de 156 pieds et 6 pouces entre les
culees. Le cout de cet ouvrage avait ete estime a $1,300,000. II est evident
que la construction d'un ouvrage de cette nature est due au fait que le boulevard
Cremazie fera partie du nouveau boulevard Metropolitain. II ne serait done
pas raisonnable en l'occurrence de se fonder sur la somme de $1,300,000 pour
determiner la repartition du cout. N'eut ete la necessite de tenir compte de la
circulation dense qui utilisera le nouveau boulevard Metropolitain, le cout
d'un passage inferieur a cet endroit aurait ete de beaucoup inferieur a $1,300,000.
La Compagnie de chemin de fer du Pacifique-Canadien a estime a $14,877
les profits qu'elle realiserait par suite de la construction d'un etagement des
voies a cet endroit; pour arriver a cette somme, elle s'est basee sur le cout
capitalise de l'entretien du passage a niveau, en y ajoutant le cout d'entretien
et de f onctionnement des signaux . clignotants et des barrieres a bras courts
dont la Commission avait ordonne l'installation le 22 juin 1956 par son ordon-
nance n° 89080. La Commission peut contribuer un maximum de 60 p. 100,
jusqu'a concurrence de $300,000, au cout de construction de ce passage inferieur,
ce qui laisse un reliquat de $1,000,000 a etre reparti entre la cite de Montreal
et la Compagnie de chemin de fer.
L'offre de la Compagnie de chemin de fer representerait un peu plus de
1 p. 100 du cout du passage inferieur. II me semble qu'en sus des avantages
immediats qui peuVent s'estimer en especes, il y a lieu de tenir compte de
certaines considerations pour determiner jusqu'a quel degre la Compagnie de
chemin de fer devrait contribuer a un projet de ce genre. Par ailleurs, la cite
de Montreal a juge que la partie du cout de ce projet imputable a la Compagnie
de chemin de fer devrait s'elever a $75,000 au moins. Cette somme est hors
de proportion avec les avantages que retirerait la Compagnie de la realisation
de ce projet.
Nul doute que la presence de la voie ferree a cet endroit a contraint la cite
de Montreal a depenser une somme considerable pour y faire traverser son
boulevard Metropolitain, mais meme si un etagement de voies avait ete prevu
dans les limites de la reserve du boulevard Cremazie qui existait au moment
ou la voie ferree a ete construite, le cout d'un tel etagement obligerait la cite
de Montreal a depenser une somme d'argent considerable pour permettre a
sa circulation routiere de franchir la voie ferree au moyen d'un etagement de
voies.
Etant donne ce qui precede et compte tenu de la decision de la Commission
relativement au canton d'Etobicoke et de la municipality de Toronto metro-
politain concernant les etagements des voies au chemin Royal York et a la
rue Dundas, ainsi qu'au passage inferieur sur la rue Bloor ouest, lesquels cas
sont exposes dans 76 C.R.T.C., page 1, et relativement a un passage inferieur
sous la voie ferree des chemins de fer Nationaux a l'avenue Greenwood,
expose dans 36 J.O.R. & R., page 38, je suis d'avis qu'une repartition raisonnable
du cout en 1'occurrence serait la suivante: 60 p. 100 a prelever sur la Caisse
des passages a niveau, sans exceder cependant la somme de $300,000, $35,000
7
a payer par la Compagnie de chemin de fer du Pacifique-Canadien et le reliquat
a payer par la cite de Montreal; le cout de Tentretien dudit passage inferieur
serait a la charge de la cite de Montreal.
Une ordonnance sera rendue en consequence.
A. SYLVESTRE
Le 24 fevrier 1959.
J' agree:
H. B. Chase.
8
ORDONNANCE N° 97229
Relative a la repartition du cout de construction et d'entretien du passage
inferieur sous la voie ferree de la Compagnie de chemin de fer du
Pacifique-Canadien au boulevard Cremazie (boulevard Metropolitain),
dans la cite de Montreal (P.Q.), au point milliaire 7.24 de la subdivision
de Vavenue du Pare, dont la construction a ete autorisee par Vordonnance
n<> 91671, du 30 mai 1957:
Dossier n° 9437.1338
Jeudi 26 fevrier 1959
A. Sylvestre, C.R., commissaire en chef suppleant.
H. B. Chase, C.B.E., commissaire.
Apres lecture des pieces deposees lors d'une seance de la Commission tenue
a Montreal (P.Q.), en presence des avocats de la cite de Montreal et de la
Compagnie de chemin de fer du Pacifique-Canadien —
II est par les presentes ordonne ce qui suit:
1. Soixante pour cent du cout de construction dudit passage inferieur,
sans exceder cependant la somme de $300,000, seront preleves sur la Caisse des
passages a niveau, $35,000 seront payes par la Compagnie de chemin de fer du
Pacifique-Canadien et le reliquat sera a la charge de la cite de Montreal.
2. Le cout de l'entretien dudit passage inferieur sera a la charge de la
cite de Montreal.
Le commissaire en chef
ROD KERR
9
In the matter of the apportionment of cost of construction and maintenance of
overhead bridge at the intersection of the Canadian Pacific Railway tracks
and Highway No. 11, at mileage 44.28, Town of Ste. Agathe, P.Q.
File No. 27156.215
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
Senator Leon Methot, Q.C., for the Quebec Dept. of Roads.
K. D. M. Spence, Q.C., ]
and \ for the Canadian Pacific Railway
A. J. Alliston, J Company.
Heard at Montreal, Que., on January 20, 1959.
JUDGMENT
Sylvestre, Deputy Chief Commissioner:
The question of apportionment of costs which had been reserved for further
consideration in Board's Order No. 92238, dated August 9, 1957, authorizing the
construction of an overhead bridge on Highway No. 11 in the Town of Ste.
Agathe, was the subject of a public hearing in Montreal on January 19, 1959.
The construction of this overhead bridge was authorized following an
application of the Quebec Department of Roads on January 24, 1956. In its
application, the Department suggested that a grant of 60% from The Railway
Grade Crossing Fund be authorized and that the remainder of the cost be
divided 25% by the Quebec Department of Roads and 15% by the C.P.R.
The Railway did not oppose the application but suggested that their contribu-
tion should be limited to $12,480 which was the capitalized value of the savings
that would be effected by the railway as a result of the elimination of the
existing level crossing.
The existing highway crossing that will be closed as soon as the overhead
bridge is opened to highway traffic, had a record of four accidents prior to
1951 when the Board directed the installation of flashing light signals and bell
at this crossing; no accidents reportable to the Board have occurred at this
location since then.
In its program of improving Highway No. 11, the Quebec Department of
Roads included a relocation of their highway in that vicinity in order to improve
grades and alignments. This permitted the selection of a suitable location for
the construction of a grade separation that would permit the elimination of
the existing level crossing and the Department applied for the construction of
an overhead bridge in 1956. The construction of the overhead bridge has not
yet been completed which would indicate that there was no urgency about the
elimination of this crossing.
Although no accident had occurred since the installation of the automatic
protection and the Board had received no complaints in connection with delay to
highway traffic due to trains blocking the crossing, the Board still considered
it was desirable to eliminate this crossing and for this reason, approved the
application of the Department for the construction of the overhead bridge.
10
The estimated cost of the overhead bridge, including approaches, amounts
to $253,212. It is considered that a grant of 60% from the Railway Grade
Crossing Fund is justified in this case. As to the remainder of the cost after
this contribution, it is quite evident that if the offer made by the Canadian!
Pacific Railway Company of contributing $13,510 is considered by the Quebec
Department of Roads to be a low contribution, this figure could not be raised
very much considering the fact that the elimination of this crossing is more
or less incidental to the relocation of Highway No. 11 in this vicinity.
I feel that a fair contribution from the Canadian Pacific Railway Company
would be $15,000, and that the remainder of the cost, as well as the cost of
maintenance of the overhead bridge, be borne and paid by the Quebec Depart-
ment of Roads. An Order will issue accordingly.
I concur:
February 25, 1959.
A. SYLVESTRE.
H. B. Chase.
11
ORDER No. 97239
In the matter of the apportionment of cost of construction and maintenance of
overhead bridge at the intersection of the Canadian Pacific Railway tracks
and Highway No. 11 in the Town of Ste. Agathe, Province of Quebec,
mileage 44.28 Ste. Agathe Subdivision, which was authorized to be con-
structed by Order No. 92238, dated August 9, 1957:
File No. 27156.215
Thursday, the 26th day of February, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the matter at a sittings of the Board held in Montreal, P.Q.,
on January 20, 1959, in the presence of Counsel for the Department of Roads
of the Province of Quebec and the Canadian Pacific Railway Company —
It is hereby ordered as follows:
Sixty per cent of the cost of construction of the said bridge, not exceeding,
however, the sum of $151,927.00, shall be paid out of The Railway Grade
Crossing Fund, $15,000.00 shall be paid by the Canadian Pacific Railway Com-
pany, and the balance of the said cost, as well as the cost of maintenance of
the said overhead bridge, shall be borne and paid by the Department of Roads
of the Province of Quebec.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
69460-4—3
12
Relative a la repartition du cout de construction et d'entretien d'un passage
superieur au croisement de la voie ferree de la Compagnie de chemin de
fer du Pacifique-Canadien et de la route n° 11, au point milliaire 44.28,
dans la ville de Sainte-Agathe (P.Q.)
Dossier n° 27156.215
Devant:
A. Sylvestre, C.R., commissaire en chef suppleant.
H. B. Chase, C.B.E., commissaire.
Ont comparu:
Le Senateur Leon Methot, C.R., pour le ministere de la Voirie de
la province de Quebec.
K. D. M. Spence, C.R., et A. J. Alliston, pour la Compagnie de
chemin de fer du Pacifique-Canadien.
Entendue a Montreal (P.Q.) le 20 janvier 1959.
JUGEMENT
A. Sylvestre, commissaire en chef suppleant:
La question de la repartition du cout, reservee pour un examen plus
approfondi aux termes de l'ordonnance n° 92238 de la Commission, en date du
9 aout 1957, qui autorise la construction d'un passage superieur sur la route
n° 11, dans la ville de Sainte-Agathe, a fait l'objet d'une audience publique a
Montreal le 19 janvier 1959.
La construction de ce passage superieur a ete autorisee a la suite d'une
demande presentee par le ministere de la voirie de la province de Quebec le
24 janvier 1956. Dans cette demande, le ministere proposait que l'octroi d'une
subvention de 60 p. 100 sur la Caisse des passages a niveau soit autorise et
que le reliquat du cout soit reparti ainsi: 25 p. 100 a la charge du ministere de
la Voirie de la province de Quebec et 15 p. 100 a la charge du Pacifique-
Canadien. La Compagnie de chemin de fer ne s'est pas opposee a la demande
mais elle a propose que sa contribution soit limitee a $12,480, soit la valeur
capitalisee de l'economie que la Compagnie realiserait par suite de l'elimination
du passage a niveau actuel.
Le passage a niveau actuel, qui sera ferme des l'ouverture du passage
superieur a la circulation routiere avait ete la scene de quatre accidents avant
1951, lorsque la Commission y ordonna l'installation de signaux clignotants et
d'une sonnerie; il n'y est survenu depuis lors aucun accident devant etre
signale a la Commission.
Dans son programme d'amelioration de la route n° 11, le ministere de la
Voirie de la province de Quebec faisait figurer le deplacement de sa route dans
le voisinage afin d'ameliorer les pentes et le trace. Ceci laissait le choix d'un
endroit approprie a la construction d'un etagement des voies qui permettrait
d'eliminer le passage a niveau actuel, et le ministere presentait en 1956 une
demande pour la construction d'un passage superieur. La construction de ce
passage superieur n'est pas encore terminee, ce qui indiquerait qu'il n'etait
pas urgent de supprimer ce passage a niveau.
Bien qu'aucun accident ne se soit produit depuis l'installation du systeme
de protection automatique et que la Commission n'ait recu aucune plainte
relativement au retard cause a la circulation routiere par les trains au passage a
13
niveau, la Commission a neanmoins juge qu'il etait opportun d'eliminer ce
passage a niveau et a, pour cette raison, approuve la demande du ministere
de la Voirie de la province de Quebec touchant la construction du passage
superieur.
Le cout estimatif du passage superieur, y compris les approches, s'eleve
a $253,212. On estime qu'une subvention de 60 p. 100 sur la Caisse des
passages a niveau est justifiee en l'occurrence. Quant au reliquat du cout,
apres versement de cette contribution, il est evident que si 1'offre de la
Compagnie de chemin de fer du Pacifique-Canadien de contribuer la somme de
$13,510 est consideree par le ministere de la Voirie de la province de Quebec
comme etant une faible contribution, ce montant ne pourrait etre releve de
beaucoup si Ton tient compte du fait que l'elimination de ce passage a niveau se
rattache plus ou moins au deplacement de la route n° 11 dans le voisinage.
Je suis d'avis que la somme de $15,000 de la part du Pacifique-Canadien
constituerait une contribution raisonnable et que le reliquat du cout, de meme
que les frais d'entretien du passage superieur, devraient etre a la charge du
ministere de la Voirie de la province de Quebec. Une ordonnance sera rendue
en consequence.
A. SYLVESTRE
Le 25 fevrier 1959.
J' agree:
H. B. Chase.
69460-4— 3J
14
ORDONNANCE N° 97239
Relative a la repartition du cout de construction et d'entretien d'un passage
superieur au croisement de la voie ferree de la Compagnie de chemin de
fer du Pacifique-Canadien et de la route n° 11, dans la ville de Sainte-
Agathe (P.Q.), au point milliaire 44.28 de la subdivision de Sainte-
Agathe, dont la construction a ete autorisee par Vordonnance n° 92238 du
9 aout 1957:
Dossier n° 27156.215
Jeudi 26 fevrier 1959
A. Sylvestre, C.R., commissaire en chef suppleant.
H. B. Chase, C.B.E., commissaire.
Apres lecture des pieces deposees lors d'une seance de la Commission tenue
a Montreal (P.Q.) le 20 janvier 1959, en presence des avocats du ministere de la
Voirie de la province de Quebec et de la Compagnie de chemin de fer du
Pacifique-Canadien —
II est par les presentes ordonne ce qui suit:
Soixante pour cent du cout de construction dudit passage superieur, sans
exceder cependant la somme de $151,927 seront payes sur la Caisse des passages
a niveau, $15,000 seront payes par la Compagnie de chemin de fer du Pacifique-
Canadien, et le reliquat dudit cout, de meme que les frais d'entretien dudit
passage superieur, seront a la charge du ministere de la Voirie de la province
de Quebec.
Le Commissaire en chef,
ROD KERR
La Commission des Transports du Canada
15
GENERAL ORDER No. 838
In the matter of air pollution and smoke control regulations:
Case No. 3023
Monday, the 2nd day of February, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
F. M. MacPherson, Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
L General Order No. 18 (Order No. 5678) dated November 25, 1908, and
Order No. 70714, dated June 2, 1948, are rescinded.
2. The following regulations entitled "Air Pollution and Smoke Control
Regulations" are made, established and prescribed in substitution for the
regulations hereby rescinded.
3. This Order and the regulations made thereunder shall come into force
on the 1st day of April, 1959.
AIR POLLUTION AND SMOKE CONTROL REGULATIONS
1. These Regulations may be cited as the "Air Pollution and Smoke Control
Regulations."
2. In these Regulations,
(a) "smoke" includes exhaust emissions from buildings, incinerators and
fuel burning equipment;
(b) "density" means the shade of smoke at the point of emission to the
outdoor atmosphere;
(c) "municipal officer" means a duly appointed officer of a municipal smoke
abatement bureau or like department of a municipality and in a
municipality where no smoke abatement bureau or like department
exists means a person duly appointed by the municipality for purposes
of smoke control;
(d) "grade" means an incline where the distance is over one-half of a
mile and the average gradient is in excess of 1%.
3. These Regulations apply to all railway companies subject to the
jurisdiction of the Board but they apply only in municipalities that have passed,
or may hereafter pass, by-laws for the regulation, control or prohibition of
smoke or other air pollutants, and that have, or may hereafter have, a municipal
officer.
4. Every such railway company shall operate incinerators, open fires and
fuel burning equipment in such a manner as to comply with these Regulations.
5. The density of smoke shall be determined by means of a chart com-
monly known as the Ringelmann Chart, or Micro-Ringelmann Chart, or by a
comparable chart having black lines or dots upon a white ground, so as to
produce:
No. 1 — approximately 20% black with approximately 80% of the ground
white.
16
No. 2 — approximately 40% black with approximately 60% of the ground
white.
No. 3 — approximately 60% black with approximately 40% of the ground
white.
No. 4 — approximately 80% black with approximately 20% of the ground
white.
or by a glass comparator having comparable shades of grey.
6. Companies shall not allow, from coal fired equipment, the emission of
smoke of a density greater than:
(a) No. 1 from equipment other than locomotives, except a density equal
to but not greater than No. 2 will be allowed for a period or periods
aggregating not more than 4 minutes in any one half hour. When
lighting fires, a density not greater than No. 3 will be allowed for a
period or periods aggregating not more than 3 minutes in any one
half hour.
(b) No. 2 from locomotives in service or ready for service, except a density
equal to but not greater than No. 3 will be allowed for a period or
periods aggregating not more than 90 seconds in any one 10 minute
period.
(c) No. 2 from locomotives standing on outside tracks or sidings at the
time fires are being lighted or cleaned, except a density equal to but
not greater than No. 3 will be allowed for a period or periods aggregat-
ing not more than 4 minutes in any one half hour.
(d) No. 2, from any single stack or other outlet used to conduct smoke
from an engine house, in which locomotives are repaired, serviced,
cleaned or housed, or from any single locomotive stack through which
smoke is conducted from one locomotive into a common stack except
a density equal to but not greater than No. 3 will be allowed for a
period or periods aggregating not more than 4 minutes in any one half
hour.
(e) No. 3, from any locomotive while ascending a grade, except a density
equal to but not greater than No. 4 will be allowed for a period or
periods aggregating not more than 2 minutes in any one 10 minute
period.
7. Companies shall not allow, from internal combustion engines or oil
fired equipment, the emission of smoke of a density greater than:
(a) No. 1, from equipment other than locomotives, except a density equal
to but not greater than No. 2 will be allowed for a period or periods
aggregating not more than 4 minutes in any one half hour.
(b) No. 1, from locomotives in service or ready for service, except a
density equal to but not greater than No. 2 will be allowed for a
period or periods aggregating not more than 90 seconds in any one 10
minute period.
(c) No. 2, from locomotives while ascending a grade, except a density
equal to but not greater than No. 3 will be allowed for a period or
periods aggregating not more than 2 minutes in any one 10 minute
period.
8. Companies shall not allow the emission of smoke of a density greater
than:
No. 1, from incinerators or open fires, except a density equal to but not
greater than No. 2 will be allowed for a period or periods aggregating not
more than 4 minutes in any one half hour.
17
9. Upon proper notification to the official in charge, compaines shall permit
entry to any railway or railway property, at reasonable hours or times, by any
municipal officer for the purpose of making such observations as he may
consider necessary to ensure compliance with these Regulations.
10. Companies shall, upon request by a municipal officer, make available
to him any or all records, reports or data kept by the company that relate to
the production of smoke and its control within the municipality in question.
11. The applicable provisions of the Railway Act respecting offences and
penalties shall apply to these Regulations.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
18
GENERAL ORDER No. 839
In the matter of the Canadian Freight Classification and the Express Classifica-
tion for Canada, and Sections 325 and 365 of the Railway Act:
And in the matter of General Order No. 695, dated November 14, 1946:
File No. 25639
Monday, the 9th day of February, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
General Order No. 695, dated November 14, 1946, is amended by striking
out the words "Fredericton, N.B." in paragraph numbered 5 of the said Order.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
19
ORDER No. 97258
In the matter of the application of the Yellowknife Transportation Company,
hereinafter called the <e Applicant Company", for a licence under section
10 of the Transport Act:
File No. 42076.31
Monday, the 2nd day of March, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) No. 352 is issued to the Applicant Company
licensing for the period of one year commencing February 9, 1959, the following
ships to transport goods by water between all ports and places in Canada
accessible by navigation to the vessels set out below, on the Mackenzie River,
Great Slave Lake and Slave River, Fort Smith, N.W.T., and North thereof,
and the Liard River from Fort Simpson upstream for a distance of 80 miles:
-PP. r>\ n 7
Gross
Vessel Name
Registry No.
Tonnage
192050
260.00
Richard E
, . , , 179446
105.10
188349
85.70
192902
22.20
Grandy II
197357
14.07
311166
797.92
165 (est)
Y-Tee Scamp
25 (est)
Y.T.C. No. 12
Not Registered
103.00
Y.T.C. No. 15
250.00
Y.T.C. No. 16
250.00
Y.T.C. No. 17
Not Registered
250.00
Y.T.C. No. 18
Not Registered
250.00
Y.T.C. No. 19
250.00
Y.T.C. No. 20
250.00
Y.T.C. No. 21
250.00
Y.T.C. 101
177761
233.76
Y.T.C. 102
177762
233.76
Y.T.C. No. 104
190800
233.06
Y.T.C. No. 106
156749
195.49
Y.T.C. 107
188348
292.87
Y.T.C. 108
189297
460.98
Y.T.C. 110
460 (est)
HBC Barge 250
171635
200
YTC No. 105
189.07
YTC No. 109
460 (est)
H. H. GRIFFIN,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
69460-4—4
20
ORDER No. 97268
In the matter of the application of The Bell Telephone Company of Canada,
hereinafter called the "Applicant", dated February 11, 1959, under the
provisions of Chapter 39 of the Statutes of Canada, 6 Elizabeth II, for an
Order approving the terms and conditions of the issue, sale or other
disposition of not more than 2,625,000 shares of the capital stock of the
Applicant:
File No. 36730.2
Tuesday, the 3rd day of March, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at the sittings of the Board held at Ottawa
on the 3rd day of March, 1959, in the presence of Counsel for the Applicant,
no other person appearing; and upon hearing what was alleged; and upon
reading what has been filed in support of the application, public notice of
such application having been published in the Canada Gazette in conformity
with the requirements of the Board's Rules of Practice, and it appearing that
the proposed issue is necessary for the purposes of acquiring and constructing
additions to, or the completion, betterment, improvement or replacement of its
lines, plant, facilities, buildings and system; acquiring systems, lines and
properties necessary or useful in carrying on its business and undertaking and
for the general purposes of carrying on its operations —
It is ordered that approval be, and it is hereby, given to the issue and sale
of not more than two million six hundred and twenty-five thousand shares of
the capital stock of the Applicant, as and when the Directors of the Applicant
may in their discretion decide, at a price not less than Thirty-three dollars per
share, upon the following conditions:
(1) That such shares be first offered to the Applicant's shareholders pro
rata in the ratio of one share for each seven shares held by them on a date of
record to be determined by the Applicant's Board of Directors, for the purposes
of such issue: Provided, however, that as the said issue is not to be registered
under the United States "Securities Act of 1933" and amendments thereto, such
offering may stipulate that no subscription will be accepted from any share-
holder or person or his agent who appears to be, or the Applicant has reason to
believe is, a resident of the United States of America or any territory or
possession thereof.
(2) That any shares not taken up by the Applicant's shareholders may be
disposed of in such other manner as the Applicant's Directors may determine
at or above the aforesaid price of Thirty-three dollars per share.
H. H. GRIFFIN,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
21
ORDER No. 97269
In the matter of section 270 of the Railway Act respecting signboards and the
marking of such signboards with reflective material, at certain highway
crossings of the following railways: Canadian National Railways, Cana-
dian Pacific Railway Company, Sydney & Louisburg Railway Company,
New York Central Railroad Company, Nipissing Central Railway Com-
pany, Napierville Junction Railway Company, Algoma Central and
Hudson Bay Railway Company, London and Port Stanley Railway
Company, Toronto, Hamilton and Buffalo Railway Company, Essex
Terminal Railway Company, Chesapeake & Ohio Railway Company,
Midland Railway Company of Manitoba, Northern Alberta Railways
Company, British Columbia Electric Railway Company Limited and the
Great Northern Railway Company:
File No. 27214.43
Tuesday, the 3rd day of March, A.D., 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
It is hereby ordered as follows:
1. Each of the said railway companies shall erect and mark,, not later than
the 31st day of December, 1959, and shall thereafter maintain, signboards at
the crossings listed under its name in Appendix "A" to this Order and auxiliary
signboards at such crossings where there is more than one railway track,, such
work to be performed as hereinafter set forth.
2. At every crossing listed in the said Appendix "A" to this Order there
shall be erected two signboards, one on each approach, but where at any
such crossing one such signboard is already erected on one of such approaches
only one additional such signboard shall be erected on the other approach.
3. The words "Railway Crossing" (and, in the Province of Quebec, the
words "Traverse de Chemin de Fer" also) on signboards at all such crossings,
and the digits prescribed in paragraph 4 on auxiliary signboards, shall be
marked in black over a white background, or a background as nearly white as
possible, of reflective material of Scotchlite type, or of such other reflective
material as is satisfactory to the Board, and so as to face oncoming highway
traffic.
4. At each such crossing where there is more than one railway track, an
auxiliary signboard, on which the number of tracks shall be shown in digits,
shall be placed on the supporting post of each signboard.
5. The said signboards and auxiliary signboards shall be erected and main-
tained in compliance with the Railway Act and orders and regulations of the
Board.
6. Eighty per cent of the cost to each railway company of erecting and
marking the signboards and auxiliary signboards shall be paid from The Rail-
69460-4— 4 \
22
way Grade Crossing Fund, not exceeding, however, in the case of any railway
company, the amount shown opposite its name hereinunder:
(a) Canadian National Railways $104,240.00
(b) Canadian Pacific Railway Company 84,400.00
(c) Sydney and Louisburg Railway Company 560.00
(d) New York Central Railroad Company 2,720.00
(e) Nipissing Central Railway Company 400.00
(/) Napierville Junction Railway Company 240.00
(g) Algoma Central and Hudson Bay Railway Company . . 640.00
(h) London and Port Stanley Railway Company 800.00
(i) Toronto, Hamilton and Buffalo Railway Company . . 1,440.00
(j) Essex Terminal Railway Company 320.00
(k) Chesapeake & Ohio Railway Company 1,920.00
(I) Midland Railway Company of Manitoba 560.00
(m) Northern Alberta Railways Company 2,480.00
(n) British Columbia Electric Railway Company Limited 560.00
(o) Great Northern Railway Company 800.00
and the balance of such cost and the cost of future maintenance shall be paid
by the railway company that does the work.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
23
APPENDIX "A" TO ORDER No. 97269
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE MATERIAL
IS TO BE PLACED ON RAILWAY CROSSING SIGNS.
CANADIAN NATIONAL RAILWAYS
Province of Province of Nova Scotia Province of
Newfoundland (Cont'd) New Brunswick
Subdivision
Mileage
Subdivision
Mileage
Subdivision
Mileage
Bishops Falls
276.28
278.19
Bedford
51.20
53.57
Albert
21.81
32.87
280.28
59.70
Bathurst
71.97
294.30
63.82
78.10
399.36
Dartmouth
32.07
82.29
Bonavista
.82
81.53
106.31
Carbonear
18.06
Hopewell
1.52
Caraquet
1.81
11.20
3.04
20.61
72.95
24.00
Connor
12.75
Clarenville
213.52
Inverness
Centreville
7.20
230.35
39.60
44.60
69.80
255.37
101.70
Port Basque
407.79
iviiaaieton
148.70
453.80
1 QQ
l.OO
Chester
80.15
523.19
lD.U't
Dalhousie
2.60
546.06
DZ.oU
Franklin
.50
St. Johns
.3
f\R AO
Glendyne
13.18
.44
Mulgrave
43.66
27.63
2.91
73.76
Grand Falls
75.22
3.37
121.10
96.88
17.44
Oxford
32.85
Harcourt
13.38
23.69
41.68
38.36
49.76
45.94
61.82
Province of
47.48
70.05
P.E.I.
49.01
Havelock
11.94
Borden
.25
Pictou
5.63
Loggieville
10.68
2.30
Pugwash
2.45
11.67
7.42
Scotia
6.22
Nashwaak
5.78
10.89
Springhill
.41
16.48
Kensington
10.34
12.71
35.60
1.35
23.02
33.27
31.68
109.18
108.10
38.80
42.53
Point Chene
8.59
47.02
76.80
Springhill
124.72
Murray Harbor
7.27
20.07
45.08
Sydney-
34.09
40.01
51.50
Sussex
6.44
12.06
13.11
Souris
8.51
80.05
20.77
Tignish
.37
.62
.73
52.42
81.55
87.02
87.17
90.01
St. Quentin
45.92
84.20
85.02
.9
Montague
.65
95.58
3.53
Vernon
2.20
98.00
36.77
Province of Nova Scotia
Yarmouth
101.69
.14
43.71
48.30
Chester
17.70
22.74
59.81
1.16
2.60
12.42
63.84
102.67
105.39
64.30
50.70
Temiscouata
81.08
78.04
133.36
Tormentine
19.87
71.82
Yarmouth Spur
.82
19.62
24
Province of Quebec
Province of Quebec
(Cont'd)
Province of Quebec
(Cont'd)
Subdivision
Armagh
Aston
Alexandria
Beachburg
Beaucharnois
Batiscan
Cascapedia
Chandler
Cornwall
Danville
Deschaillons
Diamond
Dobell Ave. Spur
Drummondville
Mileage
43.93
54.60
79.49
82.15
97.93
.40
30.94
35.76
46.86
50.45
52.78
56.52
61.68
59.30
.13
2.30
5.22
8.41
16.60
22.75
11.68
13.02
24.18
43.45
44.69
51.73
89.49
3.69
11.07
47.49
52.81
54.46
57.48
11.30
12.74
23.90
29.20
43.64
27.72
46.35
49.25
78.29
87.04
10.40
12.93
1.19
1.60
8.69
33.65
58.92
64.03
72.03
75.64
84.95
91.77
102.72
177.22
118.90
Subdivision
Glendyne
Granby
Grand'Mere
Hemmingford
Jonquiere
Jonquiere Spur
Lachine Spur
L'Assomption
La Tuque
Lemoyne
Longue Pte.
Mac ami c
Mileage
116.55
6.28
13.97
45.69
46.23
.14
9.50
21.76
24.35
25.29
48.53
62.33
63.47
66.80
78.77
86.90
95.68
19.43
70.08
79.33
109.00
110.44
114.10
114.54
114.70
114.80
115.00
115.20
.3
.36
1.15
1.50
4.14
22.36
33.00
29.75
73.60
122.17
122.29
.12
.67
.65
2.63
2.90
5.08
5.92
6.39
6.62
8.83
8.87
8.93
8.98
9.29
21.95
25.88
33.14
40.27
Subdivision
Massena
Matapedia
Montfort
Montmagny
Montmorency
Murray Bay
Nicolet
Oskelaneo
Rawdon
Rimouski
Roberval
Rouses Point
Rouyn
Sherbrooke
Sorel
Mileage
10.94
18.52
17.29
35.62
56.61
45.54
75.93
20.27
31.17
35.36
40.37
54.94
16.34
35.08
64.60
71.57
83.01
112.38
4.15
9.53
17.01
20.52
28.94
48.94
59.58
59.82
86.49
8.18
137.00
9.06
41.12
47.77
56.39
69.76
43.90
44.83
57.43
22.58
24.76
24.99
31.77
38.05
40.06
41.48
24.53
24.99
25.59
37.19
43.96
70.45
70.67
.96
2.25
2.43
2.55
2.62
2.79
2.84
25
Province of Quebec Province of Ontario Province of Ontario
(Cont'd) (Cont'd) (Cont'd)
Mil pa np
Su hdinitinw
KJ Ur KJ \A/ V 1/ to HU 1 V
Mileage
Subdivision
Mileage
oorei uoTir a
o oo
O.oO
Alexandria
70. OA
Campbellford Cont'd 32.37
1 4- 44
1 04 fi1
62.54
49 40
1 OR 90
1UO.OU
62.76
43.69
■rimsion
1 « fift
10. OU
62.84
44 4**
•57 Rft
0 < .OU
co ao
bo. Uz
4^ 4^
qq ca
Oo.OU
CO 1 A
oo. 10
01. nydcinine
7 99
90 90
CO 1 A
00.19
1 4 49
•
Alvmston
i a
lU.OO
C A O A
o4.z4
99 i n
Bala
16.92
64.49
99 9Q
ZZ .oa
19.46
•7C Qft
98 41
Zo.ftl
23.65
7fi Qfi
I O.oO
9fi 1 ^
32.05
QC OA
00. Zu
38.53
32.94
Cayuga
5.60
43.26
33.80
11. OO
, 47.40
35.44
OO C\A
oz.y4
59.03
A 1 AC
41. Uo
17/1 0>7
74. z7
59.36
AH 1 Q
40. lo
QA AA
Ol. JUQCS)
ft 1 ^
K.A CO
04. DO
91.95
ol. oianisias
1 R 99
10. ZZ
ft9
OZ.oO
1 (\A QC
1U1.O0
Temiscouata
42.81
60.25
63.84
79 Aft
118.46
118.87
Val d'Or
36.81
78.50
118.99
53.30
81.50
Chatham
12.15
100.48
Beach
1.63
22.01
West Shefford
13.50
nn OC
zo.oo
2.03
C I c
0.10
60.37
17 a c 1
79.ol
Yamaska
5.53
y. id
11.47
15.44
32.14
Beachburg
11.40
1 9 70
j.o. < u
79 90
76.60
78.85
•70 O^
84.50
88.81
95.83
98.42
32.39
Burford
88.80
.42
Coboconk
1.08
4.17
Central Vermont Railway
.69
23.70
St. Armand
1.12
Cornwall
73.74
155.85
157.86
171.95
1 oo
l.ZZ
1 fi4
5.42
fi OQ
80.21
114.04
116.57
120.49
Montreal and Southern
i ft An
lU.'J I
124.86
Counties
OO 1 1
oo. 11
Cross Mission
.56
Granby
7.95
JL-J1 dill HJI1
91 9Q
Deseronto
6.42
15.80
21.55
94 OR
Zrr.UO
OO K/t
OO.04
Dorion
20.10
20.80
23.10
31.29
35.95
9R 9ft
OO.ZU
82.42
4Q 0Q
Dundas
15.80
K ft O A
0U.Z4
42.27
45.43
^4 97
59.51
45.69
46.31
71.33
76.45
72.50
Dunnville
46.55
87.95
8.88
110.27
18.84
Province of Ontario
one o /i
z0o.z4
18.99
Campbellford
2.46
19.11
Alderdale
76.99
97.80
102.83
H4.30
2.81
3.61
4.51
16.81
19.35
19.40
21.90
26.97
26
Province of Ontario
(Cont'd)
Subdivision
Dunnville Cont'd
Drumbo
Durham
Exeter
Fergus
Forest
Ft. Frances
Grimsby
Mileage
37.77
38.09
47.78
61.52
63.05
67.68
74.51
7.29
15.76
3.25
5.07
12.37
23.86
27.04
37.84
.08
14.92
15.02
15.53
16.14
18.22
18.58
19.56
30.45
30.48
30.75
30.63
46.46
49.99
58.05
62.81
69.10
9.39
22.42
25.99
38.76
46.76
56.71
68.48
47.43
88.94
90.05
109.05
116.00
117.06
123.55
128.75
.34
.55
3.35
1.85
9.24
12.84
16.65
18.65
20.28
29.35
31.67
34.29
Province of Ontario
(Cont'd)
Subdivision
Grimsby Cont'd
Province of Ontario
(Cont'd)
Gananoque
Goderich
Grenville
Hagersville
Haliburton
Hamilton Yard
Hickson
Humberstone
Huntsville
Hurdman
Mileage
34.84
35.87
36.97
44.24
45.85
46.53
46.71
47.01
47.35
137.19
168.21
175.90
178.05
180.10
184.01
196.76
198.72
199.50
204.27
218.18
220.06
.6
.69
.91
6.94
14.57
18.39
31.79
32.32
7.98
17.19
26.27
28.47
.17
.27
.45
.96
1.12
7.32
17.70
2.00
1.17
1.26
2.11
.07
4.31
30.3
.15
30.10
43.40
54.80
71.25
88.01
1.63
4.49
4.75
5.48
6.69
Subdivision
Kapuskasing
Kashabowie
Kincardine
Lakefield
Locksley
Longwood
Maynooth
Meaford
Mileage
17.47
68.44
70.07
127.40
1.24
2.77
2.81
3.00
4.41
4.48
4.49
4.50
4.51
5.25
5.38
5.92
5.93
7.80
7.84
7.86
12.34
33.65
1.49
21.72
29.70
30.07
49.59
.04
11.94
12.56
13.57
13.98
14.59
14.93
22.92
29.80
.31
14.29
17.34
11.39
.42
.96
24.46
22.80
79.08
85.65
101.96
.32
12.10
13.50
16.20
19.40
31.43
32.45
35.30
44.11
45.70
52.11
57.88
27
Province of Ontario
{Cont'd)
Province of Ontario
{Cont'd)
Province of Ontario
{Cont'd)
Subdivision
Midland
Milton
Newmarket
Newton
Oakville
Oba
Oshawa
Mileage
.11
.51
37.16
37.93
39.67
43.30
56.25
74.40
31.00
40.03
42.81
58.72
68.31
82.28
10.37
12.91
15.50
19.38
37.78
37.97
38.43
39.33
39.66
40.93
51.89
55.46
64.00
66.20
70.50
86.92
93.76
96.52
101.16
111.95
.60
18.24
26.40
27.05
29.24
29.38
36.54
3.31
13.69
18.79
21.52
26.97
28.25
29.53
33.02
147.50
221.14
224.08
230.64
231.57
263.25
264.41
271.03
299.32
Subdivision
Oshawa Cont'd
Owen Sound
Pagwa
Picton
Pt. Edward
Quibell
Renfrew
Simcoe
Smiths Falls
Southampton
Mileage
311.99
314.11
320.41
323.10
388.84
5.77
17.94
29.64
32.16
32.32
35.97
37.48
49.48
54.37
57.56
59.60
62.01
68.01
.91
19.10
25.96
30.38
2.01
2.04
2.40
4.08
12.50
74.62
1.24
2.42
2.90
6.16
37.71
37.85
38.40
49.70
74.96
76.43
78.62
93.29
93.40
97.45
107.75
1.33
6.82
6.95
7.26
7.51
7.64
7.72
3.28
34.84
35.11
9.99
23.05
29.67
37.97
48.97
Subdivision
Strathroy
Sudbury-
Sudbury Term.
Thorndale
Thousand Isl.
Uxbridge
Vankleek
Waterloo Elm
Walkley Line
Welland
Westport
Mileage
19.50
50.97
5.42
110.39
116.00
123.30
124.40
128.51
4.96
5.15
5.51
6.02
6.03
6.07
6.70
.29
.41
.45
1.33
4.97
8.01
24.18
28.96
29.27
29.96
30.19
4.28
.78
7.52
11.38
13.28
22.59
28.12
35.19
38.94
44.94
50.12
51.48
54.45
55.17
13.77
18.12
1.23
1.40
1.91
4.50
3.87
4.02
7.66
9.81
10.48
15.77
8.60
20.00
28
Province of Ontario
(Cont'd)
Province of Manitoba
(Cont'd)
Province of Manitoba
(Cont'd)
Subdivision
Mileage
Niagara, St. Catharines and
Toronto Railway
Grantham
Welland
4.54
3.29
.29
.35
.43
.69
1.62
2.08
5.40
5.57
9.77
11.87
11.88
12.33
13.62
15.00
15.77
17.22
19.12
21.67
22.46
Oshawa Railway
Main Line
Oshawa
.19
.36
.69
.99
2.06
2.16
3.18
4.26
5.04
2.06
Thousand Islands Railway
Thousand Island 1.88
Province of Manitoba
Carberry
Carman
Craik
Cromer
Erwood
Flin Flon
Gladstone
8.35
58.84
102.76
2.35
.45
.64
.93
9.58
13.16
83.45
25.08
30.56
31.09
41.80
45.94
90.97
92.21
Subdivision
Gladstone Cont'd
Hartney
Harte
Inwood
Letellier
Minaki
Neepawa
Oakland
Oak Point
Pleasant Pt.
Preeceville
Rapid City
Ridgeville
Mileage
92.28
105.32
106.35
145.95
156.41
176.90
22.89
30.02
31.10
91.23
.19
.26
.40
2.01
2.11
3.29
3.43
9.40
37.40
52.00
54.39
58.20
62.30
73.60
76.60
142.00
7.94
57.67
.46
1.65
3.76
6.31
12.40
20.40
37.47
42.95
119.47
121.00
32.95
62.55
33.70
38.80
1.20
1.68
3.39
86.05
87.18
111.15
119.03
8.61
79.03
19.10
.45
12.10
51.75
71.78
Subdivision
Rossburn
Sprague
St. Boniface Spur
St. Rose
Togo
Turnberry
Victoria Beach
Wakopa
Wawanesa
Mileage
19.20
20.01
78.37
65.44
86.94
1.18
49.56
68.60
128.50
149.64
150.97
.28
37.30
.54
.59
5.15
19.92
29.13
29.47
29.58
31.82
62.45
62.61
99.98
.22
86.02
4.74
7.35
18.50
23.79
31.88
55.68
33.08
55.87
4.20
32.21
Province of Saskatchewan
Aberdeen
Arborfield
Asquith
Assiniboine
18.50
39.60
52.50
1.50
19.30
.90
13.00
20.80
50.50
58.20
98.80
104.00
105.00
1.05
6.98
24.01
31.80
39.58
44.48
29
Province of Saskatchewan Province of Saskatchewan Province of Saskatchewan
(Cont'd) (Cont'd) (Cont'd)
Subdivision
Mileage
Subdivision
Mileage
Subdivision
Mileage
Avonlea
R7 R^
.LidllgfldlTl
Rft
• OU
i onKin
7Q ^
i O.oo
RR on
oo.ZU
3R ^ft
oo.ou
Touchwood
lo.oU
RQ m
oy .u l
4fi Qft
34 3ft
ot.ou
Q1 fin
y i.DD
Rft ^ft
OU.uU
A7 Aft
Blackfoot
Q4 70
R9 ft4
4R 9ft
R9 9ft
oz.zu
LicWVall
1 1 ^ 4ft
J. lo.tU
4Q 1 ft
rty . 1U
Blaine Lake
9ft
.ZU
1 1 fi ftft
RR 9ft
oo.ZU
.27
IVlargo
21.66
82.20
fin
23.78
93.85
4ft 1 ft
33 43
OO .t:0
1 ftfi ftft
1UU.UU
7*3 4ft
3R 44
1 9R 1 ft
Q^ 3ft
uo .o u
51.96
1. U.1 llClUl LI
55.50
Bolney
4 9ft
77 ft3
1 1 .uo
unity
1 fi 4ft
Brooksby
931ft
Z.O . lis
1 9ft 49
1 R ^Ift
lO.OU
uraiK
1 9 9ft
1 3Q 1 Q
it) J. 1 £7
9^ 7ft
Oo. < U
4^ 9ft
°.fi 4ft
OD.tU
6.9 3ft
T\/I ini r»+ o
J.V11IUU Id
62.10
vv eyburn
111ft
1 fift ft!
Rft Qft
3R 1 ft
Oo. 1U
160.02
111.30
x orK ion
9ft 4^
£i\J .to
160.05
113.50
25.76
160.09
123.40
35.16
\_enirai JDUtie
70
lVlcolVtilldW
^ 7ft
OO. 1 u
42.28
i nn
1.U0
^fi 9R
oO.ZO
49.41
1 On
l.ZO
in oi ingaie
1 Q 9ft
iy . zu
53.72
uonquesi
OO fin.
ZZ. OU
Oyen
Qft
.yu
OO /I A
99 4ft
zz.tu
Province of Alberta
on on
Paddockwood
7 4ft
C udwortn
oo i n
OD.1U
Preeceville
9fi 41
Alliance
13.70
Cfi on
ob.oy
3R 97
OO.Z I
54.20
1UD.1U
3Q fi9
0«7 .UZi
Athabaska
72.62
\^HCldIl
90 fi^
zy .do
45.71
92.88
an nn
bU.OO
EE Q1
oo.y i
Brule
94.48
Lromer
lie OA
1 lO.Zft
^R ftQ
Blackfoot
84.30
jjousianci
47 i n
t i .XV
7Q ft^i
< y .uo
99.80
qo ah
QQ 7^
yy . i o
Bonnyville
17.80
JL»UCK J_/dKe
O^t.Uo
v^U. .rippcllc
4fi "Sft
rtU.OU
18.80
R4 Qft
Ot.OU
62.00
23.00
RA fift
Q1 3ft
iJl.OU
Brazeau
18.50
O^.OU
Q3 ftft
yo.uu
50.60
R^ ft^
oo.Uo
Xviiclll
21.67
51.90
I'll Ubc
1 1 O OA
113.30
ITtODlIlllUUU.
99 Sft
57.40
HiI woou.
74.71
fiQ 7^
oy . i o
61.68
Glen Avon
54.30
Kosetown
Rft
.OU
98.80
92.02
R1 3ft
O 1 .OU
Camrose
2.30
92.08
4R ^ft
4.30
no i o
yz.lz
^1 7ft
8.70
Vj u v cl
AC
.Uo
57.70
11.80
.56
i lsuaie
3R ft^i
17.42
1 0 1
l.zl
41.10
24.30
ft in
0.1 /
72.60
42.60
6.20
R4 Rft
44.90
Lrravelbourg
48.40
QR 9ft
yo.zu
47.10
nr on
/o.oO
1 ftft 7ft
48.10
J- -id LI 1CI L\zy
o.ft
• OU
128.80
Coronado
2.60
Lampman
29.80
136.10
15.54
36.70
140.20
29.30
84.20
160.50
29.51
85.30
Togo
94.46
79.90
93.01
99.98
85.76
30
Province of Alberta
Province of Alberta
Province of
(Cont'd)
(Cont'd)
British
Columbia
Subdivision
Mileage
Subdivision
Mileage
Subdivision
Mileage
Coronado Cont'd
89.60
Vegreville Cont'd
123.45
Albreda
74.60
120.67
125.06
Bulkley
883
121.40
125.50
48.54
123.40
127.02
Clearwater
24.54
136.60
127.06
Cowichan
7.30
139.69
127.05
11.45
Drumheller
.71
127.08
14.96
40.37
127.23
73.38
49.90
127.32
Fraser
.10
50.40
127.34
141.60
51.20
130.27
145.30
52.10
131.58
145.55
52.20
133.04
145.70
131.47
137.36
Lulu Isld.
12.25
137.04
138.80
Lumby
11.86
Endiang
27.70
Viking
.80
Nechako
1.05
51.80
17.90
1.06
70.50
24.10
69.28
Kingman
.50
33.00
97.20
Oyen
50.80
65.80
Okanagan
3.29
Red Deer
8.90
75.10
14.88
Sangudo
12.70
85.70
100.59
18.20
86.20
118.00
30.64
114.70
118.44
36.20
119.10
118.58
64.80
121.40
Skeena
25.93
Stettler
31.20
122.35
28.26
32.50
122.50
44.77
50.59
Wabamun
.09
Tidewater
2.60
52.00
4.71
Telkwa
34.78
75,50
4.73
Yale
40.05
Three Hills
20.10
4.75
40.43
114.32
4.76
56.60
125.90
4.84
64.50
Unity
109.20
4.89
65.32
112.10
7.09
67.35
121.30
12.80
71.13
Vegreville
.01
24.10
71.94
.10
57.96
88.15
51.60
73.50
90.35
57.10
78.20
96.07
57.12
82.30
100.50
70.60
109.70
102.98
92.80
116.20
107.86
112.70
120.70
109.90
118.85
116.75
121.01
121.06
31
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE MATERIAL
IS TO BE PLACED ON RAILWAY CROSSING SIGNS.
CANADIAN PACIFIC RAILWAYS
Province of Nova Scotia
Subdivision Mileage
Dominion-Atlantic Railway
Halifax
Kentville
Kingsport
Truro
Weston
Yarmouth
8.30
23.29
44.23
56.59
.40
5.22
23.64
34.39
35.14
4.78
55.19
56.97
12.18
8.35
14.92
20.20
20.33
51.42
85.11
85.66
Province of
New Brunswick
Edmundston
Fredericton
Gibson
Minto
St. Stephen
Saint John
Shore Line
Shogomoc
18.60
18.78
56.20
20.69
58.37
33.10
33.44
40.78
45.20
51.65
70.05
33.33
2.09
9.94
11.04
18.22
34.13
47.77
70.97
1.49
18.56
23.45
36.63
43.35
21.93
33.03
42.20
50.04
77.62
91.77
Province of
New Brunswick
(Cont'd)
Subdivision
Tobique
W. Saint John
Mileage
3.90
19.58
.10
.20
2.33
Province of Quebec
Adirondack
Cap de la Madeleine
Drummondville
Lachute
5.05
6.35
6.39
6.88
12.68
16.32
19.88
19.95
20.05
20.17
21.97
25.13
34.58
43.40
2.18
.7
.30
16.03
16.30
16.43
28.51
35.91
41.57
41.67
58.29
58.37
58.58
20.03
22.38
23.82
24.50
27.42
32.48
35.15
44.52
45.11
47.50
48.65
56.74
58.82
59.03
63.39
66.67
74.89
90.46
Province of Quebec
(Cont'd)
Subdivision
Lachute Cont'd
LaSalle Loop
Maniwaki
Megantic
Montreal-Ottawa
Newport
Park Avenue
Piles
Quebec
Roundhouse Lead
Sherbrooke
South Bank Br.
Ste. Agathe
Mileage
100.48
111.40
114.46
.42
4.31
22.92
28.85
57.89
.28
.82
1.44
2.27
2.90
14.82
24.68
41.63
54.76
55.33
60.22
6.35
7.71
18.89
4.88
5.78
14.77
17.41
18.07
18.82
19.18
11.00
13.78
20.94
125.07
129.52
135.32
145.21
158.48
.33
.48
.63
68.50
70.39
74.00
75.18
77.70
79.00
86.82
88.24
.40
.79
1.99
16.03
13.31
13.38
32
Province of Quebec
(Confd)
Province of Ontario
Province of Ontario
(Cont'd)
Subdivision
Ste. Agathe Confd
Ste. Gabriel
St. Guillaume
St. Lin
St. Luc Branch
St. Maur. Valley
Timiskaming
Trois Rivieres
Trois Riv. Loop
Waltham
Winchester
Wolf Cove Br.
Mileage
33.80
42.12
44.36
57.10
65.08
137.70
138.05
11.51
15.15
1.04
24.93
46.87
14.90
2.21
1.53
9.86
100.60
106.34
1.78
14.78
36.30
44.52
57.51
62.08
72.59
.84
7.29
66.70
77.50
5.95
16.62
30.02
36.51
157.01
Quebec Central Railway
Chaudiere 18.92
50.50
Quebec 26.24
36.87
44.89
63.57
64.46
68.17
72.90
73.61
75.27
80.98
83.64
90.48
103.54
104.62
120.57
129.58
Levis 17.16
Megantic 31.42
Newport 34.91
Subdivision
Brockville
Belleville
Mileage Subdivision
Bobcaygeon
Canpa
Carleton Place
C artier
Chalk River
1.56
21.17
26.55
1.43
11.72
12.97
19.32
79.24
82.54
83.83
88.79
91.82
91.89
91.96
100.30
15.59
18.00
19.24
26.86
91.39
.1
.32
.57
6.25
.93
1.09
1.84
1.87
23.28
23.48
23.78
28.46
33.82
72.74
74.31
77.25
79.07
83.82
87.91
90.95
96.97
105.20
7.09
17.70
18.48
28.58
36.63
40.91
41.10
41.22
46.07
51.05
55.86
57.76
59.05
61.44
67.73
79.35
Chalk River Cont'd
Cornwall
Elora
Gait
Goderich
Havelock
Mileage
93.59
94.88
99.96
101.39
103.61
105.00
12.81
26.87
4.60
27.04
14.73
17.35
19.25
27.57
28.43
31.85
32.81
33.47
55.17
57.10
73.75
80.70
81.32
83.66
86.48
87.89
87.99
88.05
93.12
95.66
100.44
101.31
102.17
108.26
110.62
111.39
7.63
21.18
30.74
30.81
30.91
33.49
37.81
50.23
59.85
66.55
67.84
69.22
74.98
87.66
107.48
32.87
60.48
79.03
81.72
90.70
93.10
33
Province of Ontario
(Cont'd)
Province of Ontario
(Cont'd)
Province of Ontario
(Cont'd)
Subdivision
Ignace
Kaministiquia
Keewatin
Kingston
Little Current
Montreal-Ottawa
MacTier
Nickel
Nipigon
North Bay
Orangeville
Mileage
49.75
78.32
85.03
144.84
2.85
81.80
104.57
117.03
.1
.2
3.85
4.00
11.42
96.80
98.33
102.05
102.10
103.20
2.36
9.89
28.13
36.44
46.17
52.34
54.30
64.45
74.97
9.54
20.48
22.85
31.31
40.05
45.84
56.03
77.30
88.50
91.43
93.42
114.47
1.08
85.12
89.08
102.00
126.46
127.06
127.34
128.02
128.83
129.82
.20
22.36
98.34
107.90
111.99
113.30
2.11
7.81
30.08
Subdivision
Orangeville Cont'd
Oshawa
Mileage Subdivision
Mileage
Owen Sound
Parry Sound
Peterboro
Port Burwell
Port McNicholl
Prescott
St. Thomas
Sussex Street
30.91
32.16
10.31
30.50
31.84
55.59
73.12
75.79
94.48
96.67
104.62
.40
7.38
27.21
29.15
39.25
68.21
68.78
70.49
71.28
71.63
72.43
13.64
107.31
5.94
11.16
14.66
18.72
23.59
24.50
24.62
25.40
26.65
31.11
33.80
75.84
83.86
.26
5.88
10.19
11.04
15.37
17.09
19.29
21.90
.30
1.04
1.10
5.60
20.86
28.93
29.16
42.50
49.73
8.75
18.88
2.09
2.39
Timiskaming
Walkerton
Webbwood
Sussex Street Cont'd 3.55
4.74
5.64
Teeswater 8.09
35.44
44.98
Thessalon .18
17.83
101.13
112.27
116.13
128.24
129.62
130.87
131.57
132.10
132.62
132.85
132.96
133.07
.1
16.60
26.80
28.38
1.61
2.65
28.04
29.46
32.86
34.50
Winchester 62.25
63.77
65.27
74.35
77.00
83.42
89.48
91.26
93.55
114.80
118.90
Windsor .17
12.09
25.74
37.25
46.70
50.15
59.31
62.09
71.44
73.76
79.57
79.84
83.64
101.03
101.23
102.38
104.71
106.31
34
Province of Ontario
(Cont'd)
Province of Manitoba
(Cont'd)
Province of Manitoba
(Cont'd)
Subdivision
Mileage Subdivision
Grand River Railway Carberry
Hespeler 1.34
2.50
Waterloo .01
.82
3.25
3.42
3.66
3.90
7.64
9.50
10.09
10.72
11.01
11.40
12.02
12.30
12.57
14.10
Lake Erie & Northern
Railway
Main Line
1.05
16.45
17.60
17.78
20.26
20.33
22.17
38.29
45.55
46.63
48.07
50.04
Province of Manitoba
Arborg
Areola
Bredenbury
Broadview
12.71
27.86
32.74
74.17
13.50
31.96
9.60
18.30
27.28
36.20
51.30
65.50
74.10
2.50
47.50
48.00
50.50
55.17
64.50
71.20
Carman
Emerson
Estevan
Glenboro
Keewatin
Lac Du Bonnet
Mileage Subdivision
.35
.73
3.04
3.62
4.74
22.42
29.04
37.14
41.03
44.27
44.77
55.80
77.23
77.73
79.28
85.00
105.36
105.67
11.16
13.80
37.49
31.20
38.03
61.85
16.10
24.30
58.60
62.90
9.65
12.45
30.73
41.60
42.20
50.65
57.52
60.59
64.69
67.77
73.40
81.94
103.33
135.07
69.31
72.50
106.60
108.20
112.37
114.47
116.57
119.75
122.51
124.02
124.19
.60
40.33
49.38
35.10
37.17
Lac Du Bonnet
Cont'd
Lariviere
Lyleton
Minnedosa
Mileage
58.59
60.84
61.92
63.44
63.94
1.21
3.42
3.65
14.69
21.93
59.39
74.79
78.88
79.91
80.35
1.35
.64
9.11
17.04
61.55
70.31
71.82
78.19
78.47
1.00
4.79
5.50
13.80
14.49
30.42
11.20
.41
.68
.84
1.09
1.43
1.56
1.72
1.82
2.22
2.92
9.30
13.96
14.85
21.08
22.50
36.94
42.38
46.89
57.08
59.11
Province of Saskatchewan
Altawan .70
49.34
Areola 59.80
60.15
96.70
Neudorf
Rapid City
Russell
Winnipeg Beach
35
Province of Saskatchewan
(Cont'd)
Province of Saskatchewan
(Cont'd)
Province of Saskatchewan
(Cont'd)
Subdivision
Asquith
Assiniboia
Bredenbury
Broadview
Bulyea
Cutknife
Empress
Estevan
Expanse
Furness
Hardisty
Indian Head
Kerrobert
Kisbey
Lanigan
Mileage
32.95
16.10
36.30
38.30
66.50
101.80
111.10
78.10
86.20
86.30
86.90
93.51
102.45
110.20
116.53
117.30
121.70
129.80
24.60
46.40
8.45
23.17
50.56
63.63
68.04
12.06
81.70
97.30
107.60
114.80
121.46
148.00
25.89
2.95
20.95
35.65
2.00
17.50
31.20
39.60
80.51
82.51
84.60
92.40
101.10
103.80
109.30
9.61
27.76
29.68
44.02
45.01
96.37
23.80
2.00
9.60
56.50
62.60
90.20
Subdivision
Macklin
Maple Creek
Meadow Lake
Melfort
Neudorf
Outlook
Prince Albert
Reford
Shamrock
Stewart Valley
Sutherland
Shaunavon
Swift Current
Tisdale
Tyvan
Vanguard
White Fox
Wilkie
Mileage
.91
1.72
7.18
24.68
27.10
35.62
44.26
84.18
84.83
34.22
9.23
71.29
60.85
82.89
96.03
82.50
89.50
107.70
108.80
60.32
107.08
117.99
27.25
38.87
44.42
49.46
94.44
25.52
31.78
70.31
19.56
65.33
70.04
77.98
104.56
109.78
8.85
28.21
3.10
7.82
10.84
25.94
44.50
45.04
99.00
104.18
109.82
53.93
86.60
71.82
8.64
9.57
.14
.20
.38
.98
1.18
2.40
Subdivision
Wilkie Cont'd
Wynyard
Mileage
28.27
34.21
2.61
14.21
18.27
22.29
25.67
26.07
26.43
34.17
68.78
91.66
113.45
Province of Alberta
Alberta Central
Aldersyde
Bassano
Brooks
Cardston
Coutts
Crowsnest
Hardisty
Hoadley
18.10
45.57
19.80
29.45
50.84
79.89
64.44
88.22
3.14
5.42
9.43
24.55
53.57
63.40
74.02
116.22
145.57
169.88
172.10
6.44
16.35
.59
4.99
23.23
45.22
13.78
30.72
33.02
54.76
56.97
73.31
74.85
84.46
87.88
88.28
89.17
91.56
76.03
76.50
111.75
16.90
31.20
101.53
36
Province of Alberta
(Cont'd)
Province of Alberta
(Cont'd)
Province of
British Columbia
Subdivision
Lacombe
Laggan
Langdon
Mileage Subdivision
Leduc
MacLeod
.30
93.50
.37
1.47
22.63
82.04
5.98
18.30
58.07
85.63
92.16
.35
.60
3.34
11.35
34.53
35.06
57.02
58.47
66.70
75.96
78.75
79.03
82.08
84.18
85.20
86.26
92.59
94.95
95.76
97.02
97.09
97.17
97.28
97.41
97.54
97.60
97.66
99.13
99.30
.34
1.10
2.01
3.32
4.42
7.88
30.96
32.05
37.73
38.82
47.48
51.64
51.78
56.92
71.63
80.72
91.82
98.55
Maple Creek
Red Deer
Stirling
Strathmore
Taber
Turin
Willingdon
Wetaskiwin
Mileage
125.87
146.83
147.40
.76
1.45
2.32
4.77
13.50
21.10
25.88
28.05
29.12
39.18
39.52
46.22
46.50'
70.81
72.86
75.37
84.26
100.76
34.91
20.02
22.68
55.69
76.72
76.90
77.77
81.99
84.05
87.09
98.54
107.27
18.72
20.60
22.10
22.52
37.30
87.70
103.80
106.00
141.00
162.50
165.20
169.70
170.30
172.73
11.43
43.62
53.41
70.28
72.33
73.35
94.66
Subdivision
Boundary
Carmi
Cascade
Coquihalla
Cranbrook
Kaslo
Kimberley
Laggan
Lake Windermere
Merritt
Mission City
Nelson
New Westminster
Okanagan
Mileage
93.40
95.28
11.90
129.30
132.70
132.90
133.00
133.60
26.70
26.90
82.36
93.80
99.76
101.40
105.32
109.42
112.20
112.80
115.25
126.85
127.74
127.96
129.07
54.25
55.20
15.20
96.70
98.10
99.10
5.16
21.13
18.75
124.52
64.12
29.10
6.04
22.20
41.10
63.90
66.80
69.40
73.80
.40
1.50
4.90
5.90
8.41
8.87
17.25
22.71
23.00
32.05
34.95
40.65
43.62
46.00
46.15
46.47
.37
Province of
British Columbia
(Cont'd)
Province of
British Columbia
(Cont'd)
Subdivision
Osoyoos
Rossland
Shuswap
Thompson
Mileage Subdivision
Mileage
30.50
1.80
6.00
18.70
20.75
29.20
.73
38.58
63.80
90.06
93.46
124.96
128.41
.10
1.10
2.07
87.18
94.48
Esquimau & Nanaimo
Railway
Lake Cowichan
Port Alberni
Victoria
2.70
17.50
17.70
.10
36.90
37.40
37.90
2.53
8.54
38.00
41.70
44.30
46.90
48.80
50.00
58.80
Province of
British Columbia
(Cont'd)
Subdivision
Victoria Cont'd
Mileage
67.00
72.20
72.24
72.30
72.60
72.70
72.80
76.56
Vancouver & Lulu Island
Railway
Marpole 1.71
2.00
2.80
4.17
Steveston 1.08
2.67
7.90
38
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE MATERIAL
IS TO BE PLACED ON RAILWAY CROSSING SIGNS
Province of Nova Scotia Province of Ontario (Cont'd)
Railway Subdivision Mileage Railway Subdivision Mileage
Sydney and Main Line .02 Toronto, 22.76
Louisburg .75 Hamilton 25.51
8.00 and Buffalo 32.52
12.75 Cont'd 40.49
16.00 62.20
Waterford 6.00 62.57
6.50 63.29
64.02
Province of Quebec , 72.87
76.30
New York St. Lawrence 16.59 79.90
Central 18.61 New York Fort Erie 3.02
20.80 Central 13.29
24.73 Leamington 13.79
28.82 Main Line .01
43.36 15.91
46.70 16.77
50.90 25.11
53.78 37.64
Nipissing Kirkland Lake 41.80 55.50
Central 84.57
Main Line 53.40 87.31
56.30 113.11
Napierville Main Line .01 117.33
Junction 5.18 142.80
5.98 161.39
163.11
Province of Ontario 173.15
Algoma Main Line 3.31 179.55
Central 5.39 184.61
5.66 191.08
7.83 212.23
23.14 213.71
31.42 Niagara 12.72
293.88 25.52
294.32 Petrolia 4.73
London and Main Line .60 Essex Main Line .08
Port Stanley 1.00 Terminal .22
1.10 .23
1.20 .28
1.30 Chesapeake Canadian 10.90
5.30 and Ohio 13.90
9.70 17.50
10.70 18.30
15.10 30.10
16.40 31.00
Toronto, Beach 1.01 50.50
Hamilton 56.40
and Buffalo 64.50
Belt Line 1.95 125.80
7.93 126.30
126.40
Well-Waterford 8.07 Sarnia-Erieau 17.40
14.20 17.50
17.39 25.50
22.39 30.20
39
Province of Ontario (Cont'd)
Province of Alberta (Cont'd)
Railway
Chesapeake
and Ohio
Cont'd
Subdivision
Nipissing
Central
Midland
Railway of
Manitoba
Main Line
Province of Manitoba
Main Line
Northern
Alberta
Province of Alberta
Barrhead
Edmonton
Grande Prairie
Mileage
41.70
42.10
49.20
52.50
59.00
60.90
61.50
70.90
.30
33.50
.12
.14
.20
.40
2.00
4.00
5.00
.10
7.20
17.30
20.10
130.50
2.60
13.00
15.70
49.30
50.10
52.00
135.20
Railway
Northern
Alberta
(Cont'd)
Subdivision
Lac La Biche
Peace River
Slave Lake
Smoky-
Mileage
32.40
45.80
69.60
112.80
97.70
177.20
195.40
234.00
235.30
267.00
270.10
298.50
310.40
335.50
Province of British Columbia
Northern
Alberta
British
Columbia
Electric
Great
Northern
Grande
Prairie
B.C.E.
132.40
136.60
137.10
137.80
138.70
2.76
3.28
Marpole
New Westminster
Cascade
Vancouver
1
2
4
7
119
130
144
144
153
53
10
40
45
59
70
90
03
.50
.30
.19
.21
.23
.25
.27
40
ORDER No. 97316
In the matter of increased commutation fares filed with the Board to become
effective March 15, 1959:
File No. 29984.18
Monday, the 9th day of March, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
Upon consideration of objections submitted to the Board —
It is hereby ordered:
1. That the following tariff schedules be, and they are hereby, suspended
until further Order of the Board:
CANADIAN NATIONAL RAILWAYS:
Tariff C.T.C. No. E. 5444
Supplement No. 1, to tariff C.T.C. No. E. 5192
Supplement No. 2, to tariff C.T.C. No. W. 3328
Supplement No. 5, to tariff C.T.C. No. W. 3329
CANADIAN PACIFIC RAILWAY COMPANY:
Tariff C.T.C. No. EE. 2765
Supplement No. 7 to tariff C.T.C. No. WW. 1454
NORTHERN ALBERTA RAILWAYS:
Supplement No. 1, to tariff C.T.C. No. 652.
2. That notice is hereby given that the Board, as soon after April 27, 1959,
as can be arranged, will commence hearings at Montreal, and elsewhere there-
after if deemed necessary, to receive evidence in justification of the increased
fares and in opposition thereto.
3. That, on or before April 7, 1959, the railway companies involved shall
file with the Board ten copies of precis of the evidence to be offered by them in
justification of the tariff schedules herein stated, and shall concurrently deliver
two copies of such precis to each of the interested cities, towns and municipali-
ties that were represented at the hearings respecting commutation fares at
Toronto in June, 1954, and at Montreal and Ottawa in November and December,
1954, and to the City of Toronto and the Toronto Board of Trade.
4. That upon request of Counsel representing any body of persons affected
by the change in commutation fares, or upon request of any Association thereof,
the railway companies shall furnish two copies of such precis of evidence.
5. Cities, towns and municipalities, and Counsel and Associations mentioned
in paragraph 4, that intend to oppose the changes in fares shall, on or before
April 21, 1959, file with the Board ten copies of a clear statement of the grounds
of their objection to the changes and concurrently mail two copies of the state-
ment to Mr. J. W. G. Macdougall, Q.C., Commission Counsel for Canadian
National Railways, Montreal, and two copies to Mr. K. D. M. Spence, Q.C.,
Commission Counsel, Canadian Pacific Railway Company, Montreal.
6. That further notice of the date and place of hearings will be announced
later.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
41
ORDER No. 97325
In the matter of the application of Northwest Steamships Limited for a licence
under section 10 of the Transport Act:
File No. 42076.2
Tuesday, the 10th day of March, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
F. M. MacPherson, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 353 is issued to Northwest Steamships Limited
for the period of one year commencing January 15, 1959, licensing the following
ships:
Official Gross
Vessel Name Registry No. Tonnage
A. A. Hudson 148089 2,222
Superior 154471 1,801
to transport goods by water between all ports or places in Canada, on Lakes
Ontario, Erie, Huron (including Georgian Bay), and Superior, and their con-
necting waters, including the St. Lawrence River and its tributaries as far
seaward as the west end of the Island of Orleans.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
42
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JANUARY, 1959.
Railway Accidents 210 Killed 4 Injured 271
Level Crossing Accidents ... 79 Killed 16 Injured 122
Total 289 20 393
Passengers
Employees
Others
Total
Killed Injured
— 91
2 175
18 127
20 393
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Nova Scotia
1 — Auto truck struck by train. Licence: N.S. C-5-23-73.
— 1 Auto truck struck by train. Licence: N.S. C-3-9379.
— 1 Auto truck struck by train. Licence: N.S. 3-81-28.
1 — Automobile struck by rail diesel car. Licence: N.S. 7-66-34.
New Brunswick
— 1 Auto bus ran into side of train. Licence: N.B. PC-1115.
— 3 Auto truck struck by train. Licence: N.B. C-14-122.
— 1 Auto truck struck by train. Licence: N.B. C-16-826.
Quebec
— 1 Automobile ran into side of train. Licence: Que. T-14330.
— 2 Auto bus struck by train. Licence: Que. A-1981.
— 1 Auto truck struck by train. Licence: Que. FP-5445.
— 1 Auto truck struck by train. Licence: Que. FL-7184.
— 1 Station wagon ran into side of train. Licence: Que. ET-5609.
— 1 Automobile struck by train. Licence: Que. FG-6513.
— 4 Automobile struck by train. Licence: Que. T-9797.
— 4 Automobile struck by train. Licence: Que. 461-704.
— 1 Automobile struck by train. Licence: Que. 430-231.
— 1 Auto truck struck by train. Licence: Que. FA-8175.
— 3 Track motor car struck by automobile. Licence: Que. 486-288.
— 1 Automobile struck by train. Licence: Que. 749-892.
— 5 Auto truck struck by train. Licence: Que. 604-609.
— 1 Station wagon ran into side of train. Licence: Que. 709-478.
— 1 Automobile ran into side of train. Licence: Que. 371-375.
— 3 Automobile ran into side of Rail Diesel Car. Licence: Que. N-11292.
— 1 Automobile struck by Rail Diesel Car. Licence: Que. 304-506.
— 1 Automobile ran into side of train. Licence: Que. 667-890.
— 1 Automobile struck by Rail Diesel Car. Licence: Que. 427-416.
Ontario
1 1 Automobile struck by train. Licence: Ont. 236-135.
— 1 Automobile ran into side of train. Licence: Ont. 221-388.
— 1 Auto truck struck by train. Licence: Ont. 82414-B.
— 2 Automobile ran into side of train. Licence: Ont. 455-024.
— 4 Automobile struck by train. Licence: Ont. 443-944.
— 1 Auto truck ran into side of train. Licence: Ont. 83-319-B.
43
Killed Injured Ontario — (Cont'd)
4 — Auto truck struck by train. Licence: Ont. 89486-B.
1 — Auto truck ran into side of train. Licence: Ont. 2239-C.
— 1 Auto truck ran into side of train. Licence: Ont. 815-902.
— 1 Automobile ran into side of snowplow. Licence: Ont. 545067.
— 3 Automobile ran into side of train. Licence: Ont. 612-290.
— 3 Auto truck ran into side of train. Licence: Ont. 35879-D.
— 1 Automobile ran into side of train. Licence: Ont. C-56121.
— 2 Automobile ran into side of train. Licence: Ont. 296-369.
— 1 Automobile ran into side of train. Licence: Ont. H-84582.
— 3 Auto truck struck by train. Licence: Ont. 31506-B.
2 — Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence: Ont. 217153.
— 1 Automobile ran into side of train. Licence: Ont. 127-667.
— 4 Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence: Ont. 932220.
— 1 Automobile ran into side of train. Licence: Ont. B-39707.
— 3 Automobile struck by train. Licence: Ont. B-59511.
— 4 Automobile struck by train. Licence: Ont. 113-580.
— 1 Automobile struck by train. Licence: Ont. 934-950.
— 1 Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence: Ont. B-49060.
— 1 Automobile struck by train. Licence not given.
— 1 Transport truck ran into side of train. Licence: Ont. 26041-A.
— 2 Automobile ran into side of train. Licence: Ont. 953-394.
— 2 Automobile ran into side of train. Licence: Ont. 534648.
Manitoba
2 3 Automobile struck by train. Licence: Man. 3-W-608.
— 1 Auto truck struck by train. Licence: Man. F-57949.
— 1 Automobile ran into side of train. Licence: Man. 29-B-79.
— 2 Auto truck ran into side of train. Licence: Man. T-21632.
— 3 Auto bus struck by train. Licence: Man. 1774.
— 4 Automobile struck by train. Licence: Man. 7-F-625.
— 1 Auto truck struck by train. Licence: Man. T-6511.
Saskatchewan
— 1 Automobile ran into side of train. Licence: Sask. 33-355.
— 1 Auto truck ran into side of train. Licence: Sask. F-48955.
— 1 Auto truck struck by train. Licence: Sask. F-91832.
— 1 Track motor car struck by auto truck. Licence: Sask. F-80161.
Alberta
— 1 Auto truck struck by train. Licence not given.
— 1 Automobile struck by train. Licence not given.
2 — Automobile struck by train. Licence: Alta. AV-103.
— 2 Auto truck ran into side of train. Licence: Alta. PS-22616.
— 2 Auto truck struck by train. Licence: Alta. 264-789.
— 1 Automobile ran into side of train. Licence: B.C. 372-679.
1 3 Automobile struck by train. Licence: Alta. EF-673.
British Columbia
— 1 Automobile ran into side of train. Licence: B.C. C-75-919.
1 — Auto truck struck by train. Licence: B.C. CA-605.
— - 1 Automobile struck by train. Licence: B.C. 237184.
Of the 79 accidents at highway crossings, 64 occurred at unprotected crossings,
15 at protected crossings, 33 occurred after sunrise and 46 after sunset.
Ottawa, Ontario, March 13, 1959.
44
ERRATA
Referring to J.O.R. & R. No. 22, dated February 16, 1959, Summary of Orders,
page 553, Order No. 96877 should read 96878, and Order No. 96877 has been omitted
and should read as follows:
96877 Jan. 19 — Approving proposed flammable liquid storage facilities of Shell Oil
Co. of Canada, Ltd., at Schefferville, Que. (Q.N.S. & L. Rly. Co.).
SUMMARY OF ORDERS ISSUED BY THE BOARD
97212 Feb. 24 — Amending Order 92958 re apportionment of cost of improving the
approaches to the crossing of the C.N.R. and Stavebank Road, Twp.
of Toronto, Co. of Peel, Ont.
97213 Feb. 24— Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Mary St. north of Wingham, Ont., Mileage 30.67
Kincardine Subd.
97214 Feb. 24 — Authorizing the C.N.R. to remove the caretaker at Blackfoot, Alta.
97215 Feb. 24 — Amending Order No. 95755 re apportionment of cost of improving
the sight lines where the Twp. road crosses the C.P.R. at Mileage
21.64 Peterboro Subd., Ont.
97216 Feb. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 43.45 Cascapedia Subd., P.Q.
97217 Feb. 24 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and The Northern Telephone Company Limited (Nakina,
Ont.).
97218 Feb. 25 — Approving proposed flammable liquid bulk storage facilities of North
Star Oil Limited at Bentley, Alta.
97219 Feb. 25 — Approving tolls published in tariffs filed by the C.N.R. under
section 3 of the Maritime Freight Rates Act.
97220 Feb. 25 — Authorizing the City of Peterborough to construct Hawley Ave.
over the C.N.R. at Mileage 11.25 Lakefield Subd., Twp. of Monaghan,
Ont.
97221 Feb. 25 — Authorizing the Quebec Dept. of Roads to widen its Water loo-
Shefford Highway where it crosses the C.N.R. at Mileage 55.3
Granby, P.Q.
97222 Feb. 26 — Authorizing the B.C. Electric Company Limited to construct an 8"
gas main over the pipe line of Trans Mountain Oil Pipe Line Com-
pany at Vedder Road, at Sardis Twp. of Chilliwack, B.C.
97223 Feb. 26 — Authorizing the C.N.R. to construct a siding across Moffat St. at
Birch River, Man., Mileage 21.86 Erwood Subd.
97224 Feb. 26 — Authorizing the Manitoba Dept. of Public Works to widen the
highway over the C.P.R. at Mileage 54.43 Emerson Subd., Man.
97225 Feb. 26 — Authorizing the C.P.R. to render the swing span fixed in its bridge
over the Red River, City of Winnipeg, Man., Mileage 124.6 Keewatin
Subd.
97226 Feb. 26 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 59 and the C.N.R., being the first crossing east of
Birds Hill spur, Man., Mileage 7.9 Victoria Beach Subd.
97227 Feb. 26 — Requiring the New York Central Railroad Co. to install automatic
protection at the crossing of Highway No. 4 and its railway one mile
south of the station at Huntingdon, P.Q.
97228 Feb. 26 — Amending Order No. 88402 re apportionment of cost of constructing
County Road over the C.N.R. by means of an overhead bridge at
Mileage 36.17 Campbellford Subd., Twp. of Percy, United Counties
of Northumberland and Durham, Ont.
97229 Feb. 26 — In the matter of apportionment of cost of constructing the subway
under the C.P.R. at Cremazie Blvd. (Metropolitan Boulevard), City
of Montreal, P.Q.
45
97230 Feb. 26 — Authorizing the Village of Endeavour, Sask., to relocate the highway
where it crosses the C.N.R. in the Rural Munic. of Preeceville,
Mileage 39.54 Assiniboine Subd.
97231 Feb. 26 — Authorizing the C.P.R. to remove the caretaker at Edrans, Manitoba.
97232 Feb. 26 — Relieving the C.P.R. from erecting right of way fencing on the west
side of its Hoadley Subd., at Mileages 85.1 and 89.7, Alta.
97233 Feb. 26 — Relieving the C.P.R. from erecting right of way fencing at certain
mileages on its Kerrobert Subd., Sask.
97234 Feb. 26 — Authorizing the C.N.R. to remove the caretaker at Oak Point, Man.
97235 Feb. 26 — Authorizing the C.P.R. to operate under the overhead bridge in
Lot 24, Con. 1, Twp. of Clark, Ont., Mileage 54.45 Oshawa Subd.
97236 Feb. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Aird Ave.
in the City of Montreal, P.Q., Mileage 9.04 Longue Pointe Subd.
97237 Feb. 26 — Authorizing The Chesapeake & Ohio Railway Company to construct
its siding along Cathcart St. and across Hall St. in the Town of
Blenheim, Ont.
97238 Feb. 26 — Requiring the C.P.R. to install automatic protection at the crossing of
its railway and the first and second public crossings west of the
station at Maskinonge, P.Q., Mileages 57.41 and 57.51 Trois Rivieres
Subd.
97239 Feb. 26 — In the matter of apportionment of cost of construction of overhead
bridge at intersection of the C.P.R. and Highway 11 in the Town
of Ste. Agathe, P.Q.
97240 Feb. 26 — Approving tariffs filed by The Bell Telephone Company of Canada.
97241 Feb. 26 — Rescinding Orders 63284 and 66014 which approved facilities of
Imperial Oil Limited at Downsview, Ont.
97242 Feb. 26 — Approving application of the C.N.R. for approval of clearances on
the siding serving Colgate Palmolive Limited in the City of Toronto,
Ont.
97243 Feb. 26 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 16 where it crosses the C.P.R. near Peebles,
Sask., Mileage 98.55 Reston Subd.
97244 Feb. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 27 west of Stamford, Ont.,
Mileage 3.87 Welland Subd.
97245 Feb. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 18, Ont., Mileage 7.56 Welland
Subd.
■
97246 Feb. 26 — Requiring the C.P.R. to install automatic protection at the crossing of
its railway and Boyne (Alexander) St., Village of Treherne, Man.,
Mileage 73.35 Glenboro Subd.
97247 Feb. 27 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Talon, P.Q., Mileage 114.46 Lachute
Subd.
i
97248 Feb. 27 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Chesterville, Ont., Mileage 82.04
Winchester Subd.
57249 Feb. 27 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its McMorran Subd., Sask.
97250 Feb. 27 — Requiring the C.N.R: to install automatic protection at the crossing
of its railway and the highway at Red Rock, Ont., Mileage 82.42
Dorion Subd.
U7251 Feb. 27 — Approving plan showing the protection as installed at crossing of
the C.N.R. Longue Pointe Subd. and Bennett Ave., at Maisonneuve,
in the City of Montreal, P.Q.
46
97252 Feb. 27 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 123.4 Vegreville Subd., Alta.
97253 Feb. 27 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Mossbank, Sask.
97254 Mar. 2 — Approving the C.P.R. Company's proposed liquefied petroleum gas
fired switch heater at Mileage 3.12 Winchester Subd.
97255 Mar. 2 — Dismissing application of the C.N.R. for authority to close the
agency at Lancaster, Ont.
97256 Mar. 2 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.N.R. in Morin Heights, P.Q., Mileage 49.41
Montford Subd.
97257 Mar. 2 — Authorizing the Trans-Northern Pipe Line Company to relocate
its company pipe line at certain locations in the City of Hamilton,
Ont.
97258 Mar. 2 — Granting a licence to the Yellowknife Transportation Company
under section 10 of the Transport Act.
97259 Mar. 2 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Main Street, City of Welland, Ont., Mileage 13.61
Welland Subd.
97260 Mar. 2 — Authorizing the removal of the speed limitation at the crossing of
the Northern Alberta Railways Company and Provincial Highway
No. 2 at Smith, Alta., Mileage 129.08 Edmonton Subd.
97261 Mar. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at St. Lazare, P.Q., Mileage 23.75
Winchester Subd.
97262 Mar. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. being the fourth crossing west of station
at Sudbury Junction, Ont., Mileage 1.2 Sudbury Terminal Subd.
97263 Mar. 2 — Approving tariffs filed by British Columbia Telephone Company.
97264 Mar. 2 — In the matter of construction of a subway at the crossing of the
C.N.R. and St. Joseph Boulevard in the City of Drummondville,
P.Q.
97265 Mar. 3 — Approving tolls published in tariffs filed by the C.P.R. under
Sections 3 and 8 of the Maritime Freight Rates Act.
97266 Mar. 3 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Letourneaux Ave., in Montreal, P.Q., Mileage
9.28 Longue Pointe Subd.
97267 Mar. 3 — Approving tolls published in tariffs filed by the C.N.R. under
section 3 of the Maritime Freight Rates Act.
97268 Mar. 3 — Approving application of The Bell Telephone Company of Canada
covering the issue, sale, etc. of certain shares of capital stock
of the Company.
97269 Mar. 3 — In the matter of section 270 of the Railway Act respecting signboards
and the making of such signboards with reflective material at
certain highway-railway crossings.
97270 Mar. 3 — In the matter of the Regulations for the Transportation of Dangerous
Commodities by Rail.
97271 Mar. 3 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Steeles Ave. near Sherring, Ont., Mileage 83.86
Peterboro Subd.
97272 Mar. 3 — Approving Agreement between The Bell Telephone Company of
Canada and The North American Telegraph Company.
97273 Mar. 3 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Kindersley, Sask.
97274 Mar. 3 — Approving proposed additional flammable liquid storage facilities
of The British American Oil Company Limited, at Swan River, Man.
97275 Mar. 3 — Authorizing the C.P.R. to remove the station shelter at Brunet, P.Q.
47
97276 Mar. 3 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Clandonald, Alta.
97277 Mar. 3 — Authorizing the C.N.R. to use and operate the bridge over the
Cowichan River, B.C., Mileage 66.2 Cowichan Subd.
97278 Mar. 4 — Authorizing the City of Quebec to construct 22nd Street across the
C.N.R. in that City, at Mileage 1.63 Batiscan Subd.
97279 Mar. 4 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of The Maritime Freight Rates Act.
97280 Mar. 4 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Railway Company under section 8 of the Maritime Freight
Rates Act.
97281 Mar. 4 — Approving tolls published in tariffs filed by the Cumberland Railway
and Coal Company under section 8 of the Maritime Freight Rates
Act.
97282 Mar. 4 — Approving tolls published in tariffs filed by the C.N.R. under sec-
tions 3 and 8 of The Maritime Freight Rates Act.
97283 Mar. 4 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates Act.
97284 Mar. 4 — Rescinding certain Orders which restricted the speed of trains over
the crossing of the C.N.R. and Highway No. 540 in the Parish of
Charlesbourg, P.Q., Mileage 3.34 Batiscan Subd.
97285 Mar. 4 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and the highway at Mileage 62.3 Glenavon Subd., Sask.
97286 Mar. 4 — Authorizing the C.P.R. to remove the swing gates at the crossing of
its railway and Dalhousie and Cumberland Sts. in the City of
Ottawa, Ont.
97287 Mar. 5 — Amending Order No. 54107 which authorized the C.P.R. to close
certain crossings until required for the purpose of highway traffic
on its Brooks Subd., Alta.
97288 Mar. 5 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Kipling Ave., Toronto, Ont., Mileage 9.38 Gait Subd.
97289 Mar. 5 — Authorizing the removal of the speed limitation at the crossing of
Prov. Highway No. 19 and the New York Central Railroad Co.
one mile west of Tillsonburg, Ont., Mileage N.F. 91.57.
97290 Mar. 5 — Approving application of the C.N.R. and C.P.R. for the approval of
clearances at the new Customs and Immigration Passenger Terminal
at Wolfe's Cove, P.Q.
97291 Mar. 5 — Amending Order No. 96759 which approved the installation of auto-
matic protection at crossing of the C.N.R. and Highway No. 99,
1.80 miles west of Lynden, Ont., Mileage 15.80 Dundas Subd.
97292 Mar. 5 — Authorizing the City of St. Boniface, Man., to construct a subway
under the C.P.R. at Archibald St.
97293 Mar. 5 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.N.R. by means of an overhead bridge
near Memramcook River, Parish of Dorchester, Co. of Westmorland,
N.B., Mileage 108.9 Springhill Subd.
97294 Mar. 5 — Authorizing Consumers' Gas Company to construct a 6-inch high-
pressure natural gas pipe line across and under the trackage of The
Toronto Harbour Commissioners on Queen's Quay, approx. 170 feet
west of Cooper St., in the City of Toronto, Ont.
97295 Mar. 5 — Rescinding Order No. 83770 which approved the location of cracking
furnace and separator of The British American Oil Company near
the C.P.R. at Moose Jaw, Sask.
97296 Mar. 5— Rescinding Order No. 57606 which approved facilities of McColl-
Frontenac Oil Company Limited for the handling and storage of
flammable liquids at Regina, Sask.
48
97297 Mar. 5 — Rescinding Order No. 51336 which approved the location of facilities
of Hi-Way Refineries, Limited for the handling and storage of
flammable liquids at Regina, Sask.
97298 Mar. 5 — Rescinding Order No. 80490 which approved the location of facilities
of Imperial Oil Limited for the handling and storage of flammable
liquids at Bladworth, Sask.
97299 Mar. 5 — Rescinding Order No. 63842 which approved the location of facilities
of Shell Oil Company of Canada Limited at Davidson, Sask.
97300 Mar. 5 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Slave Lake, Alta.
97301 Mar. 5 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97302 Mar. 5 — Authorizing the removal of the speed limitation at the crossing of
St. Pierre Sud range road and the C.N.R. in the Parish of St.
Constant, P.Q., Mileage 18.77 Massena Subd.
97303 Mar. 5 — Authorizing the removal of the speed limitation at the crossing of
Queen St. and the C.P.R. in Toronto, Ont., Mileage 0.91 Canpa subd.
97304 Mar. 6 — Authorizing the City of Jonquiere, P.Q., to construct a pedestrian
level crossing over the C.N.R. at St. Edmond St., Mileage 104.90
Jonquiere Subd.
97305 Mar. 6 — Authorizing the Munic. District of Vermilion River to relocate and
widen the crossing of the highway and the C.P.R. at Mileage 1.98
Willingdon Subd., Alta.
97306 Mar. 6 — Authorizing the Public. Utilities Commission of the Twp. of Toronto
to construct a 20-inch water main across and under the Trans-
Northern Pipe Line Company at Indian Road and at Indian Grove
Ave., Lot 9, Range 2, Credit Indian Reserve, Twp. of Toronto, Ont.
97307 Mar. 6 — Relieving the C.P.R. from erecting right of way fencing between
certain mileages on its Lanigan Subd., Sask.
97308 Mar. 6 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Beaugrand St. in the City of Montreal, P.Q.,
Mileage 6.39 Longue Pointe Subd.
97309 Mar. 9 — Authorizing The Bell Telephone Company of Canada to construct an
eight duct underground conduit across and over the pipe line of
Trans-Northern Pipe Line Company on St. Andrews Road, Cornwall,
Ont.
97310 Mar. 9 — Authorizing the N.B. Dept. of Public Works to construct the Trans-
Canada Highway across the C.N.R. at Mileage 0.73 Buctouche Subd.
97311 Mar. 6 — Authorizing The Bell Telephone Company of Canada to construct
two underground telephone cables across and under the pipe line of
Trans-Northern Pipe Line Company in Lot 14, Con. 1, Twp. of
Augusta, Ont.
97312 Mar. 9 — Authorizing the removal of the speed limitation at the crossing of
Pageau Road and the C.N.R. being the fifth crossing south of the
station at Loretteville, P.Q., Mileage 7.83 Batiscan Subd.
97313 Mar. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 24.75 MacLeod Subd., Alta.
97314 Mar. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 43.87 MacLeod Subd., Alta.
97315 Mar. 9 — Authorizing the removal of the speed limitation at the crossing of
McLaughlin Road and the New York Central Railroad Company at
Mileage N.F. 31.1 Main Line Subd., Ont.
97316 Mar. 9 — In the matter of increased commutation fares filed with the Board
to become effective March 15, 1959.
97317 Mar. 9 — Approving tariffs filed by The Bell Telephone Company of Canada.
97318 Mar. 9 — Authorizing the removal of the speed limitation at the crossing of
St. Valerien Road and the C.N.R. in the Parish of St. Ephrem
d'Upton, P.Q., Mileage 28.18 St. Hyacinthe Subd.
49
97319 Mar. 9 — Authorizing the New York Central Railroad Company to remove
the station agent at Highgate, Ont.
97320 Mar. 9 — Authorizing the C.N.R. to remove the station agent at River Denys,
N.S.
97321 Mar. 9 — Authorizing the C.P.R. to remove the agent at Instow, Sask., pro-
vided a caretaker is appointed.
97322 Mar. 9 — Approving proposed liquid bulk storage facilities of the British
American Oil Company Limited at Kimberley, B.C.
97323 Mar. 9 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Chatham, N.B.
97324 Mar. 9 — Rescinding Orders which approved facilities of Imperial Oil Limited
for handling and storage of flammable liquids near the C.P.R. at
Carmangay, Alta.
97325 Mar. 10 — In the matter of the application of Northwest Steamships Limited
for a licence under section 10 of the Transport Act.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
OTfjc ?5oarb of
®ran£port Commissioners for Canada
Judgments, Orders, Regulations and Rulings
Vol. XLIX
OTTAWA, APRIL 15, 1959
No. 2
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Before:
Heard at.
Appearances:
In the matter of the application of the Canadian Nationgef^B^lway Company
for an order authorizing the discontinuance ofihe computer service
operated between Quebec City and St. Joachp^^J^^^^sXM&ntmorency
Subdivision, a distance of 25.1 miles.
File No. 27563.381
A. Sylvestre, Q.C., Deputy Chief^-&*>*n.issinrit>r
H. B. Chase, C.B.E., Commissioner.
City of Quebec, P.Q., on September 9 and lO,"l058.
J. W. G. Macdougall, Q.C., ]
Lionel Cote, Q.C., and \ for the Canadian National Railways.
Gustave Garneau, Q.C., J
J. M. Guerard, Q.C., for the Town of Montmorency.
Maurice Huot, Q.C., for the County Council, Montmorency
Division.
Robert Lafreniere, M.P., Quebec-Montmorency.
Gabriel Gaudry, Q.C., for the Municipality of Chateau-Richer.
Joseph Boudreau, for the Village of Beaupre.
Amedee Lavoie, for the Municipality of Giffard.
Leonard Gouin, for the Village of Ste. Anne de Beaupre.
Gerard St. Hilaire, Q.C., for the Parish of Ste. Anne.
Benoit Pelletier, Q.C., for the City of Quebec.
Gerard Tremblay, for the Municipality of St. Joachim.
J. G. McLean, Vice-President, National Legislative Representative,
Brotherhood of Locomotive Firemen and Enginemen.
Paul E. Beauregard, General Chairman, Brotherhood of Loco-
motive Firemen and Enginemen.
Robert Caron, General Chairman, The Order of Railroad Teleg-
raphers.
Benoit Perron, General Chairman, Brotherhood of Railroad
Trainmen.
Henri Paul Tremblay, Trolley-man.
69461-2- l
51
JUDGMENT
Chase, Commissioner:
This application was submitted to the Board under date of July 24, 1958,
and the matter was heard in the City of Quebec on September 9 and 10, 1958.
In support of the application, among other things it was stated that, during
the last ten years, traffic on the Montmorency Subdivision had fallen from an
average monthly carrying of 203,388 passengers in 1945 to 35,216 in 1957, with
annual system losses for the years 1955, 1956 and 1957 being as follows:
1955 1956 1957
$177,840 $203,151 $226,429
The passenger equipment is old, in poor condition and would be required
to be replaced by steel coaches if the operation is to continue.
The electrical equipment in use is reaching the end of its economic life
and the power distribution system needs rehabilitation. If it is to continue in
operation, capital expenditures conservatively estimated at $200,000 will soon
have to be made, i.e., $24,000 for replacement of the turntable at St. Paul
Street Station, and $176,000 for renewal of the catenary system.
BUS COMPETITION
The Montmorency Subdivision is closely paralleled on both sides by first
class highways as far as Ste. Anne de Beaupre with one paved highway
continuing on to the end of the Murray Bay Subdivision. Convenient and
frequent service is provided by three bus companies at lower rates than those
of the railway.
Compagnie de Transport Montmorency operates between Quebec City
and St. Joachim, making stops between L'Ange Gardien (10 miles) and St.
Joachim (25 miles).. Between St. Joachim and Quebec there are 10 trips east-
ward and 11 trips westward from 5:30 a.m. until 11:30 p.m., with reduced
service on Sundays and holidays. Between St. Joachim and Chateau Richer
there is frequent service from 7:00 a.m. to 12:30 a.m.
Transport Boischatel Limitee operates between Quebec City and Boischatel
(8 miles). There are 50 trips in each direction between 5:45 a.m. until mid-
night with reduced service on Sundays and holidays.
Autobus W. Guimont operates between Quebec City and Montmorency (6
miles) . There are 21 trips daily in each direction from 5: 55 a.m. until midnight.
Additional trips are made on Saturday with reduced service on Sundays.
In competition with all this bus service the railway operated an average of
19 trips per day through 1957.
Railway officials have contacted these Bus Operators who have advised
that they are willing and able to carry all persons now using rail commuter
services.
OTHER TRAIN SERVICES
The Montmorency Subdivision has a feeder value for freight traffic and is
essential as a link with the Murray Bay Subdivision. The freight service is
now carried on with electric and steam locomotives, but will soon be dieselized.
Besides the commuter and freight service, there is a through passenger
service (steam) between Quebec City and La Malbaie. This service is designed
for passengers travelling from west of St. Joachim on the Montmorency Sub-
division to points east of St. Joachim on the Murray Bay Subdivision and vice
versa.
53
The schedule is as follows:
Quebec to La Malbaie, Train 176, Daily ex. Sunday.
La Malbaie to Quebec, Train 173, Sunday only.
La Malbaie to Quebec, Train 175, Daily ex. Sunday and Monday.
These trains leave and arrive at Palais Station, Quebec City. During the
month of July special excursion trains are run from Sydney, Halifax and
Moncton to the Shrine of Ste. Anne de Beaupre. Occasionally there has been
an excursion from the U.S. via Central Vermont Railway and Montreal. If
the commuter service were abolished these services would not be restricted.
Normal express and mail services will not be affected.
DIESELIZATION OF THE MONTMORENCY SUBDIVISION
Dieselization of the Montmorency and Murray Bay Subdivisions is
scheduled for the near future. This means that all freight will eventually be
moved by diesel locomotives because of more economical operation than either
steam or electricity with overhead power system. Dieselization of the through
passenger service between Quebec City and La Malbaie will follow. If the
commuter service is to continue as an electrified service after dieselization,
the whole cost of the electric operation will be charged to the commuter service.
Dieselization of the commuter service with Rail Diesel Cars would save the
costs of electric power, the overhead distribution system, etc., but these savings
would be far outweighed by capital charges for the type of equipment required,
diesel, fuel, etc.
EFFECT OF ABANDONMENT ON EMPLOYEES
The application stated that if the commuter service is abandoned there
will be an immediate reduction in staff affecting those directly connected with
the service as follows:
12 Motormen
23 Trainmen
10 Office Workers
5 Coach Cleaners
1 Carman
2 Despatchers
2 Ticket Sellers
3 Gatemen
3 Station Cleaners
1 Assistant Superintendent
This was corrected during the hearing as follows:
10 Motormen
18 Trainmen
2 Gatemen
The train crew personnel above is the maximum required but up to 8
additional miscellaneous car cleaners and helpers are required during the peak
season. Three agencies would probably be closed along the line as well. All
the employees affected by the staff reduction would be absorbed by the
Company through the normal process of attrition due to retirements, etc.
A further correction was made during the hearing by deleting the second
sentence in the paragraph immediately above, which is quoted from the
application itself.
54
If the commuter service were abandoned there still would be 20 employees
engaged in substation and other duties common to both commuter and freight
electric service. This staff would be reduced when dieselization of the freight
service went into effect and would not be the result of abandonment of the
commuter service.
As above stated, hearing was held in the City of Quebec on September 9
and 10, 1958. On September 10, when it became apparent that the hearing
could not be ended on that date, and as the Board had commitments in respect
to hearings in Montreal on September 11, is was suggested to the applicant and
the respondents that we adjourn on September 10 and meet again on September
12, it being further explained to those present that — due to other commitments
of the Board — September 12 would be the only soon date for the continuation of
the hearing.
As several of those present — particularly those representing the respondents
— stated that they could not be present on September 12, is was agreed by all
concerned that any additional evidence which the respondents desired to
submit to the Board should be presented in writing not later than November 1,
1958. Subsequently, on request of Mr. Maurice Huot, Q.C., Counsel for some
of the respondents, the Board extended the time for the filing of additional
evidence and/or briefs until November 18, 1958.
The additional evidence and briefs having been duly filed and duly con-
sidered, and as the Board had so many commitments on hand — making it
impossible to issue a judgment immediately — in order that all concerned might
know that the Board had decided to grant the application, Order No. 96358,
dated November 24, 1958, was issued, approving the application subject to
paragraph 2 of the Order which reads in part:
"The discontinuance authorized in paragraph numbered one hereof
shall not take effect before sixty days after public notice of such dis-
continuance has been given by the Applicant."
Under date of December 29, 1958, the Railways advised the Board that
it had been decided that discontinuation of the service should not take effect
until March 16, 1959. The Board was also advised that a notice had been
posted and published in the newspapers reading as follows:
"NOTICE
The commuter service at present provided between Quebec
City and St. Joachim, Que., and all intermediate points on
the said line will be discontinued effective one minute after
two o'clock (2.01) a.m., Monday, March 16, 1959.
Canadian National Railways"
During the hearing evidence was submitted indicating that during the
years 1953 and 1954 the average carryings of passengers on the commuter
service was somewhat in excess of 100,000 persons per month.
Exhibit No. 2, reproduced below, shows the carryings per month for the
years 1955, 1956 and 1957, and a computation of the carryings for the year 1957
shows the average to be 33,555 per month. An average of 4,490 were pass
holders, leaving an average of 28,565 revenue passengers. To put it another
way, from 1953 and 1954 to 1957 the carryings had decreased approximately
two-thirds.
Exhibit No. 5, also reproduced below shows the annual system losses for
the years 1955, 1956 and 1957 to be:
1955 1956 1957
$177,840 $203,151 $226,429
A total for the three years of some $607,400.
55
CANADIAN NATIONAL RAILWAYS
Office of the District Passenger Agent
Quebec, Que., September 5, 1958.
RECORD OF PASSENGERS CARRIED ON MONTMORENCY SUBDIVISION
YEARS 1955-1956-1957
1955
1956
1957
Revenue
Revenue
Revenue
Passengers Passes
Total
Passengers Passes
Total
Passengers Passes
Total
Jan. .
96,518
5,573
102,091
56,011
5,494
61,505
32,197
4,688
36,885
r eu. .
94,337
5,507
QQ 844
54,028
5,189
PiQ 91 7
32,157
4,247
Mar.
. . 100,840
5,670
106,510
54,626
4,991
59,617
34,762
4,543
39,305
Apr. .
84,168
4,826
88,994
50,293
4,251
54,544
30,716
4,075
34,791
May
78,604
4,924
83,528
47,271
4,688
51,959
30,246
4,302
34,548
June
72,345
5,199
77,544
48,225
4,416
52,641
27,458
4,540
31,998
July
86,830
5,977
92,807
64,713
6,027
70,740
39,641
5,337
44,978
Aug.
78,227
5,512
88,739
55,940
5,637
61,577
35,546
5,242
40,788
Sept.
80,445
5,344
85,789
44,016
5,084
49,100
29,285
4,589
33,874
Oct. .
61,403
5,119
66,522
35,793
4,917
40,710
26,236
4,133
30,369
Nov.
54,719
4,763
59,482
33,393
5,166
38,559
24,175
3,951
28,126
Dec. .
58,785
5,419
64,204
32,725
5,519
38,244
26,296
4,233
30,529
Exhibit No. 2
CANADIAN NATIONAL RAILWAYS
Operating Results — Commuter Service
Between
Quebec and St. Joachim, Que.
1955, 1956 and 1957
System Revenues
1955
1956
1957
Commutation Ticket Sales
$ 87,680
$ 52,520
$ 30,007
Other Ticket Sales
63,127
57,782
53,601
Conductors Cash Sales
38,233
33,776
31,522
Special Excursion Ticket Sales (Local)
6,532
1,661
1,537
Express Attributed to Commuter Service , . .
12,241
14,464
13,898
$207,813
$160,203
$130,565
Out-of-Pocket Expenses
Train Wages (Motormen, Conductors and
Ticket
Collectors)
$ 74,118
$ 77,676
$ 74,834
Power — Power Purchased
22,275
22,103
22,359
Power Plants (Substation Staffs and
Maintenance)
30,785
28,593
30,643
Power Distribution System
75,566
50,816
40,747
83,598
83,952
92,937
Marshalling of Equipment
13,000
10,779
9,146
Train Supplies
4,342
3,600
3,055
Maintenance of Way and Structures
8,233
6,964
5,942
Station and Other Staff Expenses
70,676
75,255
73,856
Off Line Expense
3,060
3,616
3,475
$385,653
$363,354
$356,994
Annual System Loss
$177,840
$203,151
$226,429
Exhibit No. 5
Montreal, Sept. 2, 1958.
56
Taking into consideration the losses for the year 1957 and if one assumed
that the service was to be kept in operation, it is reasonable to assume that
the annual system loss would continue to be in the nature of a quarter of a
million dollars per annum.
Mention should be made with respect to the maintenance of the electric
rolling stock equipment. In connection with this, the Railways stressed the
point that the maintenance was becoming more and more difficult, particularly
for the reason that, as the equipment was old and out-of-date, it was practically
impossible to secure new parts when replacements were needed. The general
practice appears to be to take parts from one piece of equipment and put them
on another piece.
Reference has been made herein to the bus competition and at this point
it appears to me to be most desirable to quote from the evidence submitted and
sworn to by Mr. Landerman, one of the witnesses for the Railways, who was
interrogated in part by the Deputy Chief Commissioner and in part by Mr.
Garneau, Counsel for the Railways.
The testimony is found commencing on page 6546 of the transcript, the
English translation of which reads as follows:
"Deputy Chief Commissioner:
Q. Mr. Landerman, I am given to understand that there are three
bus companies, is that not correct?
R. Yes, Sir, one from St-Joachim to Quebec City.
Q. One from Montmorency to Quebec City?
R. Yes, Sir.
Q. And the third one?
R. The one whose service is given in Boischatel.
Mr. Garneau:
Q. You have already stated that you have met the owners of these
bus companies?
R. Yes, Sir.
Q. Can you tell us how many buses are owned by the Boischatel
Transport?
R. The Boischatel Transport?
Q. Yes.
R. At the time of our conversation we were told they had 26 buses;
fifteen new ones and eleven others which can carry a total of 852
passengers.
Q. Per day?
R. They can accommodate 852 passengers in their buses but they
carry more than that per day.
Q. How many trips are made by this company?
R. Boischatel Transport Co. makes 50 trips in each direction on week
days that is Monday to Friday inclusive from 5.45 a.m. to midnight.
Q. And Sundays and statutory holidays?
R. They have a somewhat reduced service on weekends.
Q. And this service is parallel to the railway?
R. It runs farther from the railway than the others as it runs on
Royal Avenue which is at the top of the hill.
Q. North of the railway crossing?
R. North of the railway crossing.
Q. Have you enquired as to the approximate number of passengers
this company can carry per day or per month?
57
R. 7,000 per day and well over 200,000 per month.
Q. How many buses has the Guimont Company?
R. Nine with a capacity of 333 passengers.
Q. How many trips per day?
R. They provide service between Montmorency and Quebec City
and make 21 trips in each direction from 5:55 a.m. to midnight; their
buses pass on the new Ste-Anne highway bordering the C.N.R. tracks.
Q. South of the railway?
R. Yes, Sir.
Q. How many passengers do they carry monthly?
R. An average of 53,000 are carried to Quebec City. About 15,700
passengers receive their services within the limits of the Town of Mont-
morency; this service is mainly for the employees of Dominion Textile.
Q. How do their rates compare with those of the railway?
R. 25 trips to Quebec City for $2.50.
Q. From Quebec to Montmorency?
R. Yes, Sir.
Q. What are the railway rates?
R. 40 trips for $8.80.
Q. Twice as much?
R. They give 25 trips; we give 40 trips; ours averages 22 cents a
trip, theirs ten cents.
Q. The company with the longest route is the Montmorency Trans-
port Co., is it not?
R. Yes, Sir.
Q. From Quebec City to St-Joachim?
R. Yes, Sir.
Q. Have you enquired as to the number of buses they have available?
R. At this time, they have fifteen.
Q. How many passengers can they accommodate?
R. From the St-Joachim to Quebec City during the week 28,500
passengers. On Sundays and holidays only the number of passengers is
smaller.
Q. For St-Joachim?
R. There is a special rate for the workers — 12 trips for $10.10.
Q. Do they carry students tickets?
R. Yes, 12 trips for $4.10.
Q. What is the railway fare for this same trip?
R. 40 trips for $11.45.
Q. Compared to $6.10?
R. $6.10 is for six trips. I beg your pardon this was the 1950 rate.
The fare has been increased, I am sorry the actual fare is 40 trips for
$23.85 by rail since the May 1957 increase.
Q. Does the C.N.R. sell students tickets also?
R. Yes, lately the students fare is cheaper than the bus rate. From
Quebec City to St-Joachim — $7.95.
Q. Have you made a study comparing the number of passengers
catered to by the C.N.R. during the past three years?
R. Yes, I have here some statistics compiled by our research bureau.
In January, 1955, the railway catered to 96,518 passengers.
Q. Am I given to understand that this is the statement to be found
at page 4 of the application?
R. Rightly so.
Q. Is that not right?
R. Yes.
69461-2-2
58
Q. You mean in January?
R. 55,955 — 15 coaches; in December of the same year 58,785. This
in 1955. In Jan. 1957, the railway transported 32,197 passengers and in
December 1957, 26,296.
Q. Are these paying passengers?
R. Only paying customers.
Q. What is the percentage of passengers with passes?
R. Around 20%.
Q. Would you file this statement as Exhibit No. 2?"
While dealing with the bus competition, mention should be made of the
evidence given by Mr. Eugene Dupont, owner of the Montmorency Transport
Company, which, a*s indicated herein, is the one company which operates over
the entire distance from Quebec City to St. Joachim.
Mr. Dupont's sworn evidence commences on page 6582 of the transcript.
The English translation reads in part as follows:
"Eugene Dupont, bus owner, living at 83 Royal Avenue, Beaupre,
P.Q., age 52, being duly sworn:
Examined by Mr. Gustave Garneau.
Q. How is the company of which you are the owner called?
R. Montmorency Transport Company.
Q. How many years have you been in this business?
R. Since 1932.
Q. Will you tell the Board . . .
R. I started with one bus.
Q. Will you tell the Board about your bus route?
R. My buses run on both routes — on the boulevard and on the old
road.
Deputy Chief Commissioner:
Q. Where?
R. From St-Joachim to Quebec City. I make twelve trips per day.
Mr. Gustave Garneau:
Q. You say that your buses run on both roads?
R. On both roads.
Q. On Royal Avenue and Ste-Anne Boulevard?
R. That's it.
Q. At which place do you enter Ste-Anne Boulevard?
R. When a bus is full, another is sent to the old road and we
proceed on Ste-Anne Boulevard.
Q. How many buses do you have presently?
R. I have fifteen; the service is provided with twelve.
Q. There are always three available in case of emergency?
R. Yes, Sir.
Q. What is the seating capacity of these buses?
R. I have some which can accommodate 45 passengers; I have some
which can accommodate from 37 to 45 passengers.
Q. How many buses have you got with a seating capacity of 40, 35
and 37?
R. I cannot say; I have quite a few with a 40 and 37 seating capacity.
Deputy Chief Commissioner:
Q. What do you mean?
R. Sitting, not counting the small seats; one is forbidden to seat
people on the small seats. Besides, I have charged the same price for the
last fifteen years.
59
Q. Are your prices regulated by the Provincial Transport Commis-
sion?
R. Rightly so, one cannot raise his prices without going through the
Provincial Transport Commission, while proving to them that they are
necessary.
Q. And you leave St-Joachim?
R. At the station.
Q. Right up to Quebec City?
R. Right up to Quebec City.
Q. Do you take up passengers all along your route?
R. No, just to the limits of Boischatel; I take some at St-Joachim,
Beaupre, Ste-Anne, Chateau Richer, l'Ange-Gardien; on both roads.
Q. Then, at Boischatel, you go right on?
R. The doors are closed. We transported 44,000 passengers in
August.
Mr. Gustave Garneau:
Q. How many passengers have you transported in August?
R. 44,000 in August, 1958.
Q. How do your rates of fare compare with those of the railways?
R. We charge more to students than the railways do but we still
have students.
Q. For adults it is about the same?
R. I think it is about the same rate for adults.
Deputy Chief Commissioner:
Q. It is generally speaking somewhat cheaper on the bus.
R. I think that our rates are, as far as we are concerned, just as
high as those of the railways; but before that the railways had much
cheaper rates.
Mr. Gustave Garneau:
Q. How many trips are made per day?
R. 12 trips each day, both ways; I have another service running
between Ste-Anne and St-Joachim.
Q. At what time is your first run in the morning and when is your
last run at night?
R. From 7 a.m. for the Ste-Anne run and at 5: 30 a.m. for the Quebec
City run right on to 12:30 a.m.
Deputy Chief Commissioner:
Q. From St-Joachim to Quebec City?
R. Yes.
Q. But from Quebec City to St-Joachim?
R. The same thing.
Q. At the same hours?
R. Yes.
Mr. Gustave Garneau:
Q. What would happen if the train service is discontinued?
R. I can give the same service with but three additional buses.
Q. With three extra buses?
R. Yes, we could leave at the same time as the trains do to accom-
modate the passengers.
Q. This would mean three extra buses?
R. With the three 'spare' ones I already have it would mean six
buses.
69461-2— 2h
60
Q. It would mean six, then?
R. Our buses can turn around; we provide service to St- Joachim,
we turn around and come back; it is not so with the trains; people do
not travel at the same hours.
Q. Will you be able to accommodate the general public?
R. Certainly.
Q. How will you do it?
R. We will have the same timetable as the trains.
Q. As the trains timetable?
R. That's it.
Q. If other changes are called for, are you willing to make them?
R. We shall consult with the passengers and will try to please them.
Q. You plan to give excellent service?
R. That's right; I have given an excellent one to date and will just
go on giving an excellent service.
Deputy Chief Commissioner:
Q. Is your bus service affected by the Winter months?
R. No, all the trips we had to make were made last Winter."
In addition to the above, the Board was advised, under date of January 21,
1959, that Mr. Dupont had placed an advertisement in the Quebec newspapers
and following is a translated copy of the advertisement:
TRANSLATION
Published in "Le Soleil" and "L'Evenement-
Journal", Friday, Jan. 16, and in "L' Action
Catholique", Saturday, Jan. 17, 1959.
BEAUPRE COAST BUS SERVICE
With a view to providing an improved service to its clients The Montmorency Trans-
port Company vehicles which make 11 round trips daily will increase the number
of such daily round trips to 13, effective March 16, and will soon take delivery of
three new 50-seat buses.
Leave St. Joachim for Quebec City
Daily Ex. Sun. Ex. Sun. Daily Daily Daily
5.15 a.m. 6.00 a.m. 7.00 a.m. 7.30 a.m. 8.50 a.m. 11.30 a.m.
Daily Daily Daily Daily Daily Daily
12.20 p.m. 2.00 p.m. 3.20 p.m. 4.45 p.m. 6.20 p.m. 10.20 p.m.
Leave Quebec City for VAnge-Gardien — Chateau Richer — Ste. Anne de Beaupre —
Beaupre — St. Joachim
Sat.
Ex. Sun. Sun. only Daily Daily Sun. only Ex. Sun. only
6.40 a.m. 7.00 a.m. 7.30 a.m. 9.00 a.m. 10.30 a.m. 11.00 a.m. 12.00
noon
Sat. &
Sun. Daily Daily Daily Daily Ex. Sun. Ex. Sun.
1.00 p.m. 1.45 p.m. 3.15 p.m. 4.10 p.m. 5.00 p.m. 5.30 p.m. 6.10 p.m.
Daily 7.00 p.m. Fri. & Sun. Only 10.15 p.m.
Daily 8.00 p.m. Daily 11.59 p.m.
MONTMORENCY TRANSPORT COMPANY
190 Notre-Dame-des-Anges
Quebec, Beaupre, Tel. 102
Tel. LA 2-2303 TEL. CO 3-3763
61
There are two other points in connection with this case which were referred
to either during the hearing or in the submissions made by the respondents.
One relates to a letter addressed to the Board by the Quebec Board of
Trade; the other to the freight service operated on the Montmorency Sub-
division, which, it was contended, was very valuable.
It is true that, under date of August 22, 1958, the Board of Trade of the
City of Quebec addressed a communication to the then Chief Commissioner,
supporting the application of the Railways. The reasons given are of no
interest whatsoever to the Board. Consequently, in reaching its decision to
approve the application no weight was given to the letter from the Board of
Trade.
As to the freight service: Under date of November 11, 1958, Mr. J. W. G.
Macdougall, Q.C., Commission Counsel of the Railways, addressed a communica-
tion to the Board, with a statement attached, showing the number of freight
trains operated daily in either direction from October 1 to November 9, 1958,
wherein it was noted that the number of trains per day six days per week,
excluding Sundays, varied from three to five, the average being 3.7 per week
day for the period in question.
Turning now to the position taken by the respondents: Written submis-
sions were submitted by Mr. Maurice Huot, Q.C., Counsel for the County
Council for the Montmorency Division, Branch No. 1, comprising the Munici-
palities of Boischatel, Ange-Gardien, Chateau-Richer and St. Fereol; Mr. J. M.
Guerard, Q.C., representing the Town of Montmorency; Mr. G. Gaudry, Q.C.,
representing Ste. Joachim, Ste. Anne de Beaupre and the Municipal Corporation
of Chateau Richer; Mr. Benoit Perron, General Chairman, Brotherhood of
Railroad Trainmen, Montmorency Subdivision; Mr. Robert Caron, President,
Local 103, Order of Railway Telegraphers; and Mr. P. E. Beauregard, General
Chairman, Brotherhood of Locomotive Firemen and Enginemen, Local 879.
In addition, the Board received a number of letters from what might be
termed private individuals and students, including one from a gentleman who
signs himself as "Mr. H. P. Tremblay" with an address shown as "310 Avenue
Royale, Ste. Anne de Beaupre", together with a petition said to be signed by
some 7,200 people. There was no date on this letter, nor does Mr. Tremblay
identify himself — other than by his name and address. There is, however,
good reason to believe that he is a trolleyman employed by the Railways.
In the above mentioned letter Mr. Tremblay states in part:
"I declare that in a public meeting attended by about 75 persons I
spoke as follows . . . ."
"Within the space of two or three days over 7,200 citizens have duly
signed a petition addressed to the Board of Transport Commissioners for
Canada, Ottawa, Ontario, asking for an improvement in the schedules and
rates and also stating their complete opposition to the request of the
Canadian National Railways for the discontinuance of the commuter
service between Quebec and St. Joachim."
The heading of the petition reads as follows:
"We, the undersigned, residents of the Parish of l'Ange-Gardien,
County of Montmorency, are entirely opposed to the application of the
Canadian National Railways, for the discontinuance of the suburban
passenger service between Quebec and St. Joachim. We request an
improvement in the schedules and rates."
62
In my opinion, there is no good reason for referring in detail to what was
set forth in the various submissions. In brief, they definitely opposed the
application of the Railways. They appear to be seriously concerned with
respect to the employees of the Railways being deprived of their employment
and apparently they disregard the view expressed by the Railways in their
application to the effect that in due time other employment would be found
for the employees affected.
They allege that when the former owners of the Railway were in charge the
operation was profitable. No proof, however, was submitted.
They allege that the Railways have deliberately exhausted every available
means to discourage patronage of the commuter service and that this was done
by discontinuing some trains and operating others at times which were not
convenient to the travelling public. Again, no proof has been submitted.
They also allege that the public will suffer great inconvenience and that
there will be a loss in property values if the commuter service is discontinued.
They also complain with respect to the time limits and variety of commuter
tickets, and they further contend that by increasing the fares the Railways
themselves were responsible for the lack of patronage, and that if fares were
reduced the service would again be patronized.
In addition, it is contended that the freight service of the Quebec-St.
Joachim line earns considerable profit, part only of which covers the actual
deficit from the operation of the passenger service, and that in determining
the matter the Board should consider as a whole all of the profits of the service
without dividing it into its various branches of operation.
The general view of the respondents is, I think, clearly set forth in the
brief submitted by Mr. Maurice Huot, Q.C.
Under the headings, "Suggestions" and "Conclusions" he submitted the
following:
"SUGGESTIONS
The Quebec-St. Joachim service can be operated in a profitable and
suitable manner if the Petitioner would consent to normal improvements,
a rearrangement of the schedules and frequency of trains, and reasonable
rates.
(a) SCHEDULES: The electric trains should be operated as follows:
DAILY EASTBOUND TRAINS
Arr. Chutes Arr.
Dep. Quebec Montmorency St-Joachim
12.05 A.M. 1.00 A.M.
6.20 A.M. 7.20 A.M.
8.00 A.M. 8.17 A.M.
9.00 A.M. 10.00 A.M.
11.00 A.M. 11.20 A.M.
11.30 A.M. Ex. Sat. 12.35 P.M.
12.00 P.M. Sam. 1.00 P.M.
12.15 P.M. 12.35 P.M.
1.00 P.M. 2.00 P.M.
1.30 P.M. 1.50 P.M.
2.50 P.M. 3.07 P.M.
3.00 P.M. (176) 4.00 P.M.
3.15 P.M. 4.20 P.M.
4.15 P.M. 5.20 P.M.
4.25 P.M. 4.45 P.M.
5.10 P.M. (direct) (stop on signal) 5.55 P.M.
63
DAILY EASTBOUND TRAINS— Cone.
Arr. Chutes Arr.
Dep. Quebec Montmorency St-Joachim
5.30 P.M. 6.30 P.M.
6.00 P.M. 6.20 P.M.
6.15 P.M. 7.15 P.M.
7.15 P.M. 8.15 P.M.
8.15 P.M. 8.32 P.M.
9.15 P.M. 9.32 P.M.
10.15 P.M. 10.32 P.M.
11.15 P.M. 11.32 P.M.
DAILY WESTBOUND TRAINS
Dep. Chutes
Dep. St. Joachim Montmorency Arr. Quebec
5.45 A.M.
6.40 A.M.
6.40 A.M.
7.40 A.M.
7.15 A.M.
8.15 A.M.
7.40 A.M.
8.40 A.M.
8.57 A.M.
9.15 A.M.
9.10 A.M.
10.15 A.M.
10.40 A.M. (175)
11.40 A.M.
11.40 A.M.
11.57 A.M.
11.45 A.M.
12.55 P.M.
1.00 P.M.
1.17 P.M.
2.00 P.M.
2.17 P.M.
2.10 P.M.
3.10 P.M.
3.37 P.M.
3.55 P.M.
3.05 P.M.
4.10 P.M.
5.05 P.M.
5.25 P.M.
4.40 P.M.
5.40 P.M.
6.30 P.M.
6.50 P.M.
6.45 P.M.
7.45 P.M.
8.40 P.M.
8.57 P.M.
9.40 P.M.
9.57 P.M.
10.40 P.M.
10.57 P.M.
10.30 P.M.
11.30 P.M.
12.05 A.M.
12.25 A.M.
(b) THE FIFTY-TRIP CARD should be divided in five, i.e., a card of ten
trips with a limit of two weeks during which it can be used. The
purchase price would be less burdensome in the case of users
travelling to or near the extremities of the line;
(c) THE BETWEEN-STATION CARDS, discontinued in 1955, should be
returned to service;
(d) THAT THE MINIMUM RATE OF $0.25 be good for a return passage
within four miles from the point of embarkation, which would be a
fair rate per mile, whereas at present, in certain cases, it is $0.25 per
mile;
(e) THE PLACING IN SERVICE OF A FAST TRAIN between Quebec
and St. Joachim at 5: 15 P.M.
(f) THAT THE TIME LIMIT for use of the forty-trips cards be pro-
longed according to the conditions of work of the holders;
(g) COMBINE THE SERVICES of the Quebec-La Malbaie and Quebec-
St. Joachim lines, with service twice per day, in such a fashion as
to allow the residents of Charlevoix to have more time to attend to
their business in Quebec, to permit them to arrive and depart at
reasonable times and to do away with the necessity of remaining
64
in Quebec for more than one day. These services could be carried
out with three motor units 'Budd Cars', one unit for baggage and
the two others for passengers. The proposed schedule would be as
follows:
WESTBOUND TRAINS
Dep. La Malbaie
7.15 A.M.
3.00 P.M.
Dep. Quebec
11.30 A.M.
6.15 P.M.
St. Joachim
9.05 A.M.
4.40 P.M.
EASTBOUND TRAINS
St. Joachim
12.35 P.M.
7.10 P.M.
Arr. Quebec
10.00 A.M.
5.30 P.M.
(Connection with
train for Montreal
at 6.00 P.M.)
Arr. La Malbaie
2.30 P.M.
9.10 P.M.
CONCLUSIONS
The Intime respectfully submits that the Quebec-St. Joachim service
can be profitable for the Petitioner were it administered locally by a
superintendent having full responsibility and authority for its efficient
operation. Appropriate public relations, suitable and adequately main-
trained trains, the maintenance of good order among the passengers,
efficiency and courtesy of personnel, priority of passenger trains over
freight trains, a better understanding of the public commuter, and the
acceptance and putting into force of the suggestions of the Intime, would
regain the loss clientele and would lend toward a prosperous and well-
used service as in the past. In addition to praying for the rejection of the
petition, the Intime respectfully prays that this Honourable Tribunal
rule according to its suggestions.
Quebec, November 17, 1958."
CONCLUSIONS
Aside from what was put before us during the hearings and in the various
written submissions, I should state that, prior to the hearing, one of the Board's
Operating Inspectors visited the area, made a complete investigation and sub-
mitted his report to the Board under date of August 27, from which it should
be clearly understood that in matters such as this the Board does not rely
entirely on submissions made by either the Railways or the respondents but
conducts its own investigation.
In order to show that this is not an isolated case, I would now refer to
some previous decisions of the Board as relating to cases originating on the
Canadian National Railways, the London and Port Stanley Railway, the Lake
Erie and Northern and Grand River Railways (electric lines subsidiary to the
Canadian Pacific Railway) and the New York Central Railway.
Canadian National Railways, Westport Subdivision, 1952. Reported in
C.R.T.C. 69, page 136. Complete abandonment of operation of 40.51
miles of line. System saving if line abandoned $83,035 per annum.
Application approved.
London and Port Stanley Railway, 1957. Reported in C.R.T.C. 74, page
295. Abandonment of passenger service between London, Ontario and
Port Stanley, Ontario, a distance of 24 miles. Saving if passenger service
abandoned $6,000 per month. Application approved.
65
Lake Erie & Northern and Grand River Railways. Reported in C.R.T.C.
72, page 290. Abandonment of passenger service between Kitchener,
Ontario and Port Dover, Ontario. There is no record of the savings
effected in this case. The headnote in the C.R.T.C, however, reads as
follows: "Because of a steady decline in passenger traffic the Railways
asked approval of a proposal to discontinue passenger train service and
to replace it with service upon paralleling highways. The Board granted
the application subject to possible future review, but observed that in
some respects the plan would improve the service".
New York Central Railroad. This is the most recent case. The Railway
made an application to completely discontinue its passenger service
between Montreal, P.Q., and Malone, N.Y., a distance of some 60 miles.
The case was decided in 1958 and is not yet reported in C.R.T.C. The
trains in question were largely used by commuters. The saving to the
Railway, if passenger service discontinued, was said to be approximately
$100,000 per annum. The application was granted.
In all of the above mentioned cases it was clearly proven that good high-
ways more or less paralleled the railway and there were other adequate means
of transportation.
The Board has on its files a map showing the rail and bus routes between
Quebec City and St. Joachim. An examination of this map shows — assuming
the railway runs in an easterly direction from Quebec City (it really runs north-
east)— that Boulevard St. Anne parallels the railway on the south side all the
way to St. Anne. It then crosses the railway and joins with Avenue Royale
(the old road) and continues on to St. Joachim on the north side of the railway.
The evidence shows that three bus lines operate in this territory, bus service
being provided both on Boulevard St. Anne and Avenue Royale.
The evidence also shows the number of passengers carried by the bus
lines as well as by the railways and it should be further noted that the
Montmorency Transport Company — the only company which operates over the
entire territory between Quebec and St. Joachim — has notified the public that,
effective March 16, 1959, the Company will operate additional buses and increase
the number of round trips.
This, I think, clearly proves that if there is not at the moment there will
be, effective March 16, adequate means of transportation other than by the
railway.
As to the freight business being profitable, no evidence was submitted other
than that set forth herein which only related to the number of freight trains
operating.
There is no good reason in a case such as this for the Board to take into1
consideration the freight earnings. If the matter involved the complete
abandonment of operation of the line in question, then undoubtedly the Board
would have to look at the freight earnings.
Turning now to the suggestions and conclusions submitted by Mr. Huot.
As indicated above, he suggests many changes and, in particular, wants more
commuter trains operated and, in addition, another through train to operate
between Quebec City and La Malbaie.
69461-2—3
66
With respect to these proposed increases in train service, the tables attached
hereto — one showing the operation eastbound and the other westbound —
represents a comparison between the passenger services presently being oper-
ated and those which Mr. Huot suggests should be operated. The total addi-
tional trains requested eastbound would be 50 and the total westbound would
be 50.
Mr. Huot suggests that the additional through train to La Malbaie could be
handled with three motor units (Budd Cars) — one unit for baggage and the
other two for passengers. If Mr. Huot's suggestions were put into effect, taking
into account what the Railways have submitted in their application with respect
to the additional costs which they would have to meet if the electric service is
kept in operation, a rough estimate indicates to me that the Railways would
have to spend a capital sum of at least $1 million and then take a chance on
Mr. Huot's prophesies being fulfilled, that is that the Quebec City-St. Joachim
service can be operated in a profitable and suitable manner. With that observa-
tion, I leave Mr. Huot's suggestions to the Railways for their consideration.
In cases such as this, the Board endeavours to appraise the situation in
all respects and, in particular, we ascertain what transportation facilities exist
in the area concerned. We look at the expense of operating the trains, the
extent to which the public patronize the train service and we weigh the
savings the Railways would make if the application is granted against such
loss and inconvenience as the public may suffer as a result of the change.
From what was set forth in the application, the report of the Board's
Operating Inspector, the exhibits, evidence, argument and briefs presented
during and following the hearing, the Board was satisfied that other adequate
means of transportation facilities exist in the area concerned and that the losses
to the Railways outweigh the inconvenience to the public which would result
from the abandonment of the commuter service. As shown by Exhibit No. 5,
the saving to the Railways, if application approved, is approximately $225,000
per annum.
For the above reasons the Board granted the application of the Railways
and issued Order No. 96358 dated November 24, 1958.
H. B. CHASE
February 25, 1959.
1 concur:
A. Sylvestre
67
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69
(TRADUCTION)
Relativement a la requite de la Compagnie des chemins de fer Nationaux du
Canada en vue d'obtenir une ordonnance autorisant Vabandon du service
de banlieue exploite entre la ville de Quebec et Saint- Joachim (P.Q.),
sur sa subdivision de Montmorency, soit une distance de 25.1 milles.
Dossier n° 27563.381
Devant:
A. Sylvestre, C.R., commissaire en chef suppliant.
H. B. Chase, C.B.E., commissaire.
Entendue a:
Quebec (P.Q.), les 9 et 10 septembre 1958.
Ont comparu:
J. W. G. Macdougall, C.R., 1
Lionel Cote, C.R., et \ pour les chemins de fer Nationaux
Gustave Garneau, C.R., j du Canada.
J. M. Guerard, C.R., pour la ville de Montmorency.
Maurice Huot, C.R., pour le conseil de comte, division de Mont-
morency.
Robert Lafreniere, depute, Quebec-Montmorency.
Gabriel Gaudry, C.R., pour la municipality de Chateau-Richer.
Joseph Boudreau, pour la ville de Beaupre.
Amedee Lavoie, pour la municipality de Giffard.
Leonard Gouin, pour le village de Ste-Anne-de-Beaupre.
Gerard St-Hilaire, C.R., pour la paroisse de Ste-Anne.
Benoit Pelletier, C.R., pour la ville de Quebec.
Gerard Tremblay, pour la municipality de St-Joachim.
J. G. McLean, vice-president, representant juridique national,
Fraternite des chauffeurs et mecaniciens de locomotive.
Paul-E. Beauregard, president general, Fraternite des chauffeurs
et mecaniciens de locomotive.
Robert Caron, president general, Association des telegraphistes de
chemin de fer.
Benoit Perron, president general, Fraternite des agents d'accom-
pagnement.
Henri-Paul Tremblay, prepose de trolley.
JUGEMENT
M. Chase, commissaire,
La presente requete a ete portee devant la Commission le 24 juillet 1958 et la
cause a ete entendue, en la ville de Quebec, les 9 et 10 septembre 1958.
A l'appui de la requete, il a ete declare, entre autres choses, que la moyenne
mensuelle du trafic transporte sur la subdivision de Montmorency, a baisse, au
cours des dix dernieres annees, de 203,388 voyageurs en 1945 a 35,216 et 1957,
les pertes annuelles du reseau pour les annees 1955, 1956 et 1957 s'etablissant
comme il suit:
1955 1956 1957
$177,840 $203,151 $226,429
Le materiel voyageurs est vieux et en mauvais etat et, pour continuer
Sexploitation, il faudrait le remplacer par des voitures en acier.
70
Le materiel electrique utilise approche du terme de sa duree economique
et le systeme de distribution d'energie a besoin d'etre remis en etat. Si
l'exploitation doit se poursuivre, il faudra faire avant longtemps des depenses
en immobilisations estimees a un minimum de $200,000, soit $24,000 pour le
remplacement de la plaque tournante a la gare de la rue St-Paul et $176,000
pour renouveler le systeme catenaire.
CONCURRENCE DES AUTOBUS
Des voies routieres de premiere classe s'etendent parallelement a la sub-
division de Montmorency, des deux cotes, jusqu'a Ste-Anne-de-Beaupre, une
route en dur continuant jusqu'a l'extremite de la subdivision de Murray Bay.
Trois compagnies d'autobus assurent un service commode et frequent a tarifs
moins eleves que ceux du chemin de fer.
La Compagnie de transport Montmorency exploite un service entre Quebec
et St-Joachim avec arrets entre L'Ange-Gardien (10 milles) et St-Joachim
(25 milles). Entre St-Joachim et Quebec, il se fait 10 voyages vers Test et 11
voyages vers l'ouest entre 5h.30 du matin et llh.30 du soir, le service etant
moins frequent les dimanches et jours feries. Entre St-Joachim et Chateau-
Richer, il y a un service frequent de 7h. du matin a minuit trente.
La Transport Boischatel Limitee exploite un service entre Quebec et
Boischatel (8 milles). Elle fait 50 voyages dans chaque direction entre 5h.45
du matin et minuit, assurant un service moins frequent les dimanches et jours
feries.
Autobus W. Guimont exploite un service entre Quebec et Montmorency
(6 milles). II se fait 21 voyages par jour dans chaque sense, entre 5h.55 du
matin et minuit. Le nombre de voyages est plus grand le samedi et moindre
le dimanche.
En concurrence avec tous ces services d'autobus, le Chemin de fer a fait 19
voyages par jour, en.moyenne, en 1957.
Les representants du Chemin de fer se sont informes aupres des exploitants
de services d'autobus, lesquels sont prets a assurer le transport de toutes les
personnes utilisant les services ferroviaires de banlieue et se disent en mesure
de le faire.
AUTRES SERVICES FERROVIAIRES
La subdivision de Montmorency a une valeur d'apport pour le trafic-
marchandises et elle est essentielle pour etablir la liaison avec la subdivision
de Murray Bay. Le service-marchandises est actuellement assure au moyen de
locomotives electriques et a vapeur mais des diesels seront bientot mis en
service.
Outre le service-voyageurs de banlieue et le service-marchandises, il
existe un service-voyageurs direct (vapeur) entre Quebec et La Malbaie. Ce
service est assure a l'intention des personnes voyageant entre des points a
l'ouest de St-Joachim sur la subdivision de Montmorency et des points a Test de
St-Joachim sur la subdivision de Murray Bay.
La circulation des trains est la suivante:
De Quebec a La Malbaie, train 176, chaque jour sauf le dimanche
De La Malbaie a Quebec, train 173, le dimanche seulement
De La Malbaie a Quebec, train 175, chaque jour sauf le dimanche et
le lundi.
Ces trains ont leur point de depart et d'arrivee a la gare du Palais, a
Quebec. Pendant le mois de juillet, des trains d'excursion speciaux circulent
entre Sydney, Halifax et Moncton, et le sanctuaire de Ste-Anne-de-Beaupre.
71
II y a eu quelquefois des excursions a partir des Etats-Unis via le Central
Vermont Railway et Montreal. Ces services ne seraient pas reduits advenant
l'abandon du service-voyageurs de banlieue. Les services normaux de mes-
sageries et des postes ne seraient pas touches.
DIESELISATION DE LA SUBDIVISION DE MONTMORENCY
La dieselisation des subdivisions de Montmorency et de Murray Bay est
prevue pour un avenir prochain. Cela veut dire que tout le trafic-marchandises
sera eventuellement transports au moyen de locomotives diesel plus
economiques que les locomotives a vapeur ou les locomotives electriques avec
prise de courant aerienne. Apres quoi, le service-voyageurs direct entre Quebec
et La Malbaie sera aussi assure au moyen de diesels. Si le service-voyageurs
de banlieue doit continuer d'etre exploite au moyen de la traction electrique,
apres la dieselisation, le cout total de cette exploitation devra etre paye par le
service-voyageurs de banlieue. La dieselisation de ce service au moyen d'auto-
rails diesel epargnerait le cout de l'energie electrique, du systeme de distribu-
tion aerien, etc., mais les charges du capital que representent le type de materiel
necessaire, les diesels, le combustible, etc., l'emporteraient de beaucoup sur ces
economies.
CONSEQUENCES DE LA DISCONTINUATION POUR LES EMPLOYES
II est dit dans la requete qu'advenant l'abandon du service-voyageurs de
banlieue, il s'ensuivrait immediatement une reduction du personnel qui
toucherait les personnes suivantes affectees directement au service en cause:
12 conducteurs
23 agents d'accompagnement
10 employes de bureau
5 nettoyeurs de voitures
1 wagonnier
2 regulateurs ou dispatchers
2 preposes a la vente des billets
3 gardes-barrieres
3 nettoyeurs de gares
1 surintendant adjoint
Au cours de l'audience, cette liste a ete modifiee ainsi:
10 conducteurs
18 agents d'accompagnement
2 gardes-barrieres
Le personnel de train mentionne ci-dessus est le maximum requis mais,
durant la saison de pointe, il est necessaire d'employer jusqu'a huit nettoyeurs
de voitures et aides supplementaires. Trois agences le long de la ligne seraient
probablement fermees. Tous les employes touches par la reduction de personnel
seraient absorbes par la Compagnie grace aux vacances creees normalement par
les retraites, etc.
Une autre modification apportee au cours de l'audience est la suppression
de la deuxieme phrase du paragraphe ci-dessus, lequel est une citation de la
requete meme.
Si le service-voyageurs de banlieue etait abandonne, 20 employes dont les
fonctions concernent a la fois les services-voyageurs de banlieue et les services-
marchandises assures au moyen de la traction electrique, demeureraient au
travail dans les sous-stations et ailleurs. La reduction de ce personnel aurait
lieu au moment de la dieselisation du service-marchandises et, par consequent,
elle ne resulterait pas de l'abandon du service-voyageurs de banlieue.
72
Comme il est dit plus haut, l'audience a eu lieu en la ville de Quebec les
9 et 10 septembre 1958. Le 10 septembre, comme il etait evident que l'audition
de la cause ne pouvait se terminer le jour meme et vu que la Commission
devait tenir d'autres audiences a Montreal, le 11 septembre, il fut propose a
la requerante et aux parties opposantes que l'audience soit ajournee le 10 sep-
tembre pour etre reprise le 12 septembre et il a ete explique aux personnes
presentes que par suite d'autres engagements de la Commission, le 12 septembre
etait le date la plus rapprochee a laquelle l'audition pourrait se poursuivre.
Plusieurs des personnes presentes, en particulier les representants des
parties opposantes, ayant declare qu'il leur etait impossible d'etre presentes
le 12 septembre, tous les interesses sont convenus que si les parties opposantes
desiraient faire d'autres depositions devant la Commission, elles les pre-
senteraient par ecrit au plus tard le ler novembre 1958. Par la suite, a la
demande de M. Maurice Huot, C.R., avocat de quelques-unes des parties
opposantes, la Commission a prolonge le delai pour le depot de temoignages et
(ou) de memoires jusqu'au 18 novembre 1958.
Les temoignages et memoires additionnels ayant ete dument deposes et
etudies, et la Commission se trouvant dans l'impossibilite de rendre un juge-
ment immediatement, a cause d'un surcoit de travail, mais voulant faire savoir
a tous les interesses qu'elle avait decide d'accorder la requete, l'ordonnance
n° 96358, datee du 24 novembre 1958, fut rendue pour approuver la requete
sous reserve de l'article 2 de ladite ordonnance, lequel, entre autres choses,
porte ce qui suit:
"La discontinuation autorisee a Particle ler de la presente ordonnance
ne doit entrer en vigueur que soixante jours apres qu'avis public de
ladite discontinuation aura ete donne par la requerante."
Le 29 decembre 1958, le Chemin de fer a avise la Commission de sa decision
de ne pas mettre en vigueur la discontinuation du service avant le 16 mars 1959.
La Commission a aussi ete informee que l'avis suivant avait ete affiche et
publie dans les journaux:
"AVIS
Le service-voyageurs de banlieue assure entre Quebec et St-Joachim
(P.Q.) et tous les points intermediaires sur ladite ligne sera discontinue
a deux heures et une minute (2h. lm.) du matin, le lundi 16 mars 1959.
Les chemins de fer Nationaux du Canada."
Des temoignages deposes au cours de l'audience indiquent que la moyenne
des voyageurs transported par le service de banlieue durant les annees 1953 et
1954 est legerement superieure a 100,000 par mois.
La Piece n° 2, donnee ci-dessous, indique le nombre mensuel de voyageurs
transportes au cours des annees 1955, 1956 et 1957 et les chiffres de 1957
donnent une moyenne de 33,555 par mois. En moyenne, 4,490 voyageurs etaient
titulaires de passes, ce qui laisse une moyenne de 28,565 voyageurs payants.
Autrement dit, de 1953 et 1954 a 1957 le nombre de voyageurs transportes a
baisse de deux tiers.
La Piece n° 5, egalement donnee ci-dessous, indique que les pertes annuelles
du reseau pour les annees 1955, 1956 et 1957 sont les suivantes:
1955 1956 1957
$177,840 $203,151 $226,429
Le total des trois annees est d'environ $607,400.
73
CHEMINS DE FER NATIONAUX DU CANADA
Bureau de l'Agent regional des services-voyageurs
Quebec (P.Q.), le 5 septembre 1958
NOMBRE DE VOYAGEURS TRANSPORTED SUR LA SUBDIVISION DE
MONTMORENCY, ANNEES 1955-1956-1957
1955
1956
1957
Voya-
Titu-
Voya-
Titu-
Voya-
Titu-
geurs
laires de
geurs
laires de
geurs
laires de
payants
passes
Total
payants
passes
Total
payants
passe
Total
Janv. . .
96,518
5,573
102,091
56,011
5,494
61,505
32,197
4,688
36,885
Fev. . . .
94,337
5,507
99,844
54,028
5,189
59,217
32,157
4,247
36,404
Mars . .
100,840
5,670
106,510
54,626
4,991
59,617
34,762
4,543
39,305
Avril . .
04,10o
4,826
88,994
ou,zy«5
A OK 1
CA CA A
OA 1 1 R
4,U ID
OA TOI
Mai . . .
78,604
4,924
83,528
47,271
4,688
51,959
30,246
4,302
34,548
Juin . .
72,345
5,199
77,544
48,225
4,416
52,641
27,458
4,540
31,998
Juill.
86,830
5,977
92,807
64,713
6,027
70,740
39,641
5,337
44,978
Aout . .
78,227
5,512
88,739
55,940
5,637
61,577
35,546
5,242
40,788
Sept. . .
80,445
5,344
85,789
44,016
5,084
49,100
29,285
4,589
33,874
Oct. . . .
61,403
5,119
66,522
35,793
4,917
40,710
26,236
4,133
30,369
Nov. . .
54,719
4,763
59,482
33,393
5,166
38,559
24,175
3,951
28,126
Dec. . .
58,785
5,419
64,204
32,725
5,519
38,244
26,296
4,233
30,529
Piece n°
2
CHEMINS DE FER NATIONAUX DU CANADA
Resultats d'exploitation — Service-voyageurs de banlieue
entre
Quebec et Saint-Joachim (P.Q.)
1955, 1956 et 1957
Recettes du reseau
1955
1956
1957
Ventes de billets d'abonnement
$ 87,680
$ 52,520
$ 30,007
Ventes d'autres billets
63,127
57,782
53,601
Ventes au comptant par les chefs de train
38,233
33,776
31,522
Ventes de billets speciaux d'excursion (locale)
6,532
1,661
1,537
Messageries afferentes au service-voyageurs de
12,241
14,464
13,898
$207,813
$160,203
$130,565
Debourses
Salaires du personnel des trains (conducteurs, chefs
de train et percepteurs des billets)
$ 74,118
$ 77,676
$ 74,834
Energie electrique — Achat
22,275
22,103
22,359
Stations generatrices (personnel
des sous-stations et entretien)
30,785
28,593
30,643
Reseau de distribution d'energie
75,566
50,816
40,747
83,598
83,952
92,937
Manoeuvres de triage du materiel
13,000
10,779
9,146
4,342
3,600
3,055
Entretien de la voie et des ouvrages
8,233
6,964
5,942
Depenses relatives au personnel des gares et autre
70,676
75,255
73,856
Depenses etrangeres a la ligne
3,060
3,616
3,475
$385,653
$363,354
$356,994
$177,840
$203,151
$226,429
Pieces n° 5
Montreal, le 2 septembre 1958.
74
Si Ton tient compte des pertes subies en 1957 et en supposant que le
service continue d'etre exploite, il est raisonnable de prevoir que les pertes
annuelles du reseau demeureront de l'ordre du quart de million.
II y a lieu de mentionner la question de l'entretien du materiel roulant
electrique. A ce sujet, le Chemin de fer a insiste sur le fait que l'entretien
devient de plus en plus difficile parce que le materiel, etant vieux et desuet, il
est presque impossible d'obtenir de nouvelles pieces lorsque le remplacement
s'impose. II semble que la pratique suivie, en general, consiste a enlever des
pieces sur une unite pour les installer sur une autre.
II a ete fait mention aux presentes de la concurrence des autobus et il
me semble tres opportun de citer maintenant le temoignage depose, apres
assermentation, par M. Landerman, l'un des temoins du Chemin de fer, dont
l'interrogatoire a ete conduit, en partie par le commissaire en chef suppleant,
et en partie par M. Garneau, avocat du Chemin de fer.
Le temoignage commence a la page 6,546 de la transcription:
"Le commissaire en chef suppleant:
Q. Monsieur Landerman, si je comprends bien, il y a trois com-
pagnies de transport par autobus?
R. Oui, monsieur.
Q. Une de St-Joachim a Quebec?
R. Une de St-Joachim a Quebec.
Q. Une de Montmorency a Quebec?
R. Oui, monsieur.
Q. Et la troisieme?
R. La troisieme, celle qui dessert Boischatel.
Me Garneau:
Q. Vous avez dit tout a l'heure, je crois que vous avez rencontre les
proprietaires de ces differentes compagnies-la?
R. Oui, monsieur.
Q. Pouvez-vous nous dire, par exemple, dans le cas de la compagnie
de transport Boischatel, combien elle possede d'autobus?
R. La compagnie de Transport Boischatel, oui. Quand on a pris les
renseignements, ils avaient dans ce temps-la 26 autobus, nous ont-ils dit;
15 etaient neufs et 11 autres etaient usages. Ils pouvaient transporter,
en somme, un total de 825 voyageurs.
Q. Par jour?
R. C'est-a-dire, ils pouvaient recevoir 852 voyageurs dans les
autobus, mais ils transportent plus de monde que ca par jour.
Q. Et ils font combien de voyages?
R. La compagnie de Transport Boischatel Limitee fait environ 50
voyages dans chaque direction, sur semaine, lundi, mardi, mercredi,
jeudi et vendredi, de cinq heures quarante-cinq le matin jusqu'a minuit.
Q. Et le dimanche et les jours de fete?
R. Ils ont un service reduit en fin de semaine.
Q. Et ce service-la est parallele a la voie ferree?
R. C'est-a-dire, parallele a la voie ferree, il est plus eloigne que les
autres, parce que les autobus de Boischatel circulent sur l'avenue Royale
qui se trouve en haut de la cote.
Q. Au nord de la voie ferree?
R. Au nord de la voie ferree.
Q. Et vous etes-vous informe du nombre de personnes que cette
compagnie-la, Transport Boischatel, peut transporter, a peu pres, par
jour ou par mois?
75
R. On transporte une moyenne de 7,000 voyageurs par jour, ou un
total d'au dela de 200,000 voyageurs par mois.
Q. Combien de vehicules la compagnie d'autobus Guimont a-t-elle?
R. Les autobus Guimont, neuf voitures pouvant transporter aussi
333 voyageurs.
Q. Et combien de voyages font-ils par jour?
R. lis assurent le service, on a dit ca tantot, de Montmorency a
Quebec, environ 21 voyages dans chaque direction, a partir de cinq
heures cinquante-cinq le matin jusqu'a minuit; le service s'effectue sur
le nouveau parcours de Ste-Anne, en bordure de la voie des chemins de
fer Nationaux du Canada.
Q. Au sud du chemin de fer?
R. Au sud du chemin de fer.
Q. Et quel est le nombre de personnes transportees par mois?
R. Une moyenne de 53,000 voyageurs pour Quebec. Maintenant, on
nous a mentionne aussi qu'on transportait environ 15,700 voyageurs dans
les limites de la ville de Montmorency, pour les employes de la
Dominion Textile.
Q. Et quels sont leurs taux en comparaison des taux du chemin de
fer?
R. lis offrent un billet de 25 voyages pour Quebec au prix de $2.50.
Q. Ca, c'est de Quebec a Montmorency?
R. Quebec a Montmorency.
Q. Et quel est le taux du chemin de fer?
R. Le taux du chemin de fer, pour un billet de 40 voyages, $8.80.
Q. Le double?
R. Eux autres ont 25 voyages; nous autres on en a 40. Le notre
revient a 22 cents et l'autre, a 10 cents.
Q. Et la compagnie qui exploite le parcours le plus long, c'est la
compagnie de Transport Montmorency?
R. Oui.
Q. De Quebec a St-Joachim?
R. De Quebec a St-Joachim.
Q. Vous etes-vous informe du nombre d'autobus qu'ils ont de
disponibles, ces gens-la?
R. La compagnie de Transport Montmorency a 15 autobus actuelle-
ment. lis transportent ....
Q. lis pourraient transporter une capacite de . . . .
R. Sur semaine, de St-Joachim a Quebec, ils transportent 28,500
voyageurs. Les dimanches et fetes, naturellement, ils en transportent
moins.
Q. Quels sont les taux de cette compagnie-la, pour St-Joachim?
R. Ils ont un billet de travailleurs de 12 voyages pour St-Joachim,
$10.10.
Q. Est-ce qu'ils ont des billets d'etudiants aussi?
R. Ils ont des billets d'etudiants, oui, 12 voyages pour $4.10.
Q. Et sur ce parcours-la, quels sont les taux de chemin de fer?
R. Un billet de 40 voyages, $11.45.
Q. Compare a $6.10?
R. A $6.10. Naturellement, le $6.10, il faut bien s'entendre, c'est
un billet de six voyages. Pardon, ca c'etait le taux en 1950. Le taux a
ete augmente, je m'excuse, le taux actuel, pour 40 voyages, est de $23.85
par le chemin de fer, depuis l'augmentation des taux en date du premier
mai 1957.
76
Q. Et est-ce que les chemins de fer Nationaux du Canada vendent
des billets pour les etudiants aussi?
R. Oui, pour les etudiants comme le fait la compagnie d'autobus.
Le billet d'etudiant est meilleur marche, Quebec St-Joachim, il est de
$7.95.
Q. Maintenant, avez-vous fait une etude pour comparer le nombre
de personnes transportees par le chemin de fer durant les trois dernieres
annees?
R. Oui, j'ai ici une compilation qui a ete faite par notre bureau de
recherches, je vais simplement vous donner une couple d'exemples:
En janvier 1955, les chemins de fer Nationaux ont transports 96,518
voyageurs.
Q. Dois-je comprendre que c'est l'etat qui parait a la page 4 de la
requete?
R. Justement, oui.
Q. C'est ca?
R. Oui.
Q. Vous dites, en janvier?
R. 55,955, 15 voitures; en decembre raeme annee, 58,785. Ca, c'est
en 1955. Maintenant, en 1957, au mois de janvier, nous avons transports
32,197 voyageurs, et en decembre 1957, 26,296.
Q. Est-ce que ce sont des voyageurs payants, ca?
R. Des voyageurs payants seulement.
Q. Et quelle est la proportion de ceux qui ont des passes?
R. Environ, je dirais, 20 p. 100.
Q. Voulez-vous produire cet etat comme piece numero 2?"
Sur le chapitre de la concurrence que se livrent les autobus, il convient
de mentionner le temoignage de M. Eugene Dupont, proprietaire de la
compagnie de Transport Montmorency qui, comme il est indique ici, est la
compagnie qui exploite un service sur toute la distance entre Quebec et
St-Joachim.
La deposition assermentee de M. Dupont commence a la page 6582 de la
transcription.
"Eugene Dupont, proprietaire d'autobus, domicilie a 83, avenue
Royale, Beaupre, P.Q., age de 52 ans, etant dument assermente sur les
Saints Evangiles, depose et dit:
Interroge par Me Garneau:
Q. De quelle compagnie d'autobus etes-vous le proprietaire?
R. Compagnie Transport Montmorency.
Q. Depuis combien de temps exploitez-vous ca?
R. Depuis 1932.
Q. Expliquez done au Tribunal . . .
R. J'ai commence avec un autobus.
Q. Expliquez done le parcours que vous suivez.
R. Je parcours les deux routes, la route du boulevard et la vieille
route.
Le Commissaire en chef suppliant:
Q. Ou ca?
R. De St-Joachim a Quebec. Je fais douze voyages par jour.
Me Garneau:
Q. Et vous dites que vous parcourez les deux routes?
R. Les deux routes.
Q. L'Avenue Royale et le Boulevard Ste-Anne?
R. C'est ca.
77
Q. Alors, a quel endroit prenez-vous le boulevard Ste-Anne?
R. Quand on a un autobus plein, on en envoie un autre sur la vieille
route, et on continue sur le boulevard Ste-Anne.
Q. Combien d'autobus avez-vous presentement?
R. J'en ai 15; j 'assure le service avec douze.
Q. Vous en avez trois qui sont toujours disponibles en cas de
necessite?
R. Oui.
Q. Et quelle est la capacite de ces autobus?
R. J'en ai qui contiennent jusqu'a 45 personnes, a part des petits
sieges d'allees; j'en ai de 37 a 45 personnes.
Q. Combien en avez-vous de 40, de 35 et de 37?
R. Je ne peux pas vous dire; j'en ai plusieurs de 40 et de 37, je ne
peux pas vous dire.
Le Commissaire en chef suppleant:
Q. Vous voulez dire assis?
R. Assis, a part des petits sieges; on n'a pas le droit de mettre du
monde sur les petits sieges. A part cela, je demande le meme prix
depuis 15 ans.
Q. Est-ce que vos prix sont regis par la Commission?
R. Justement, on n'a pas le droit d'augmenter les prix sans passer
par la Regie, et sans lui prouver qu'on n'arrive pas.
Q. Et vous partez de St-Joachim?
R. A la station.
Q. Jusqu'a Quebec?
R. Jusqu'a Quebec.
Q. Prenez-vous des voyageurs tout le long de la route?
R. Non, jusqu'aux limites de Boischatel; j'en prends a St-Joachim,
Beaupre, Ste-Anne, Chateau-Richer, l'Ange-Gardien; sur les deux
routes.
Q. Alors, a Boischatel, vous filez tout droit?
R. Les portes fermees. On a transports 44,000 personnes pendant le
mois d'aout.
Me Garneau:
Q. Et vous dites que dans le mois d'aout vous avez transports
combien de personnes?
R. 44,000, dans le mois d'aout, en 1958.
Q. Et vos taux actuels sont-ils comparables a ceux du chemin de
fer?
R. Pour les etudiants, nos taux sont plus eleves que ceux du chemin
de fer, mais on a des etudiants tout de meme.
Q. Et les autres, les adultes?
R. Les adultes, je pense que c'est a peu pres la meme chose.
Le Commissaire en chef suppleant:
C'est generalement un peu meilleur marche dans l'autobus?
R. Je pense que nos taux sont aussi eleves que ceux des trains
depuis une couple d'annees. Auparavant, les taux des trains etaient
beaucoup plus bas que les notres.
Me Garneau:
Q. Combien de voyages faites-vous par jour?
R. Douze voyages par jour dans les deux sens, puis j'ai un autre
service de Ste-Anne a St-Joachim.
78
Q. A quelle heure commencez-vous le matin et a quelle heure
finissez-vous le soir?
R. De sept heures du matin pour le service de Ste-Anne, et le
matin, pour Quebec, on commence a cinq heures et demie, jusqu'a
minuit et demi.
Le Commissaire en chef suppleant:
Q. De St-Joachim a Quebec?
R. Oui.
Q. Mais de Quebec a St-Joachim?
R. La meme chose.
Q. Les memes heures?
R. Oui.
Me Garneau:
Q. Et advenant le cas ou le service de train serait discontinue ....
R. Je suis capable de donner le service avec trois autobus de plus,
le meme service.
Q. Trois autobus de plus?
R. Oui, ils pourraient partir a la meme heure que les trains. Pour
satisfaire les clients, les voyageurs, on peut faire partir les autobus
exactement a la meme heure que les trains.
Q. II faudrait trois autobus de plus?
R. Les trois que je garde en reserve. Cela ferait six autobus.
Q. Cela en ferait six, alors?
R. Nous autres, a l'encontre des trains qui ne peuvent pas tourner,
nous desservons St-Joachim, nous tournons et revenons; les gens ne
voyagent pas tous a la meme heure non plus.
Q. Allez-vous etre capable de faire des modifications de facon a servir
le public?
R. Certainement.
Q. De quelle facon?
R. Nous allons adopter les memes heures que les trains.
Q. Que l'horaire des trains?
R. C'est cela.
Q. Et s'il y a d'autres modifications a faire, etes-vous pret a les faire
aussi?
R. Nous parlerons aux clients et tacherons de leur donner
satisfaction.
Q. Vous allez leur donner un excellent service?
R. C'est cela. J'en ai donne un excellent jusqu'ici, et je vais en
donner un bon comme d'habitude.
Le Commissaire en chef suppleant:
Q. Durant les mois d'hiver, le mauvais temps nuit-il a votr.e service?
R. Non, nous n'avons pas manque un voyage de l'hiver."
En outre, avis avait ete communique a la Commission le 21 panvier 1959
que M. Dupont avait fait paraitre l'annonce suivante dans les journaux de
Quebec :
Publiee dans le Soleil et l'Evenement-
Journal, le vendredi 16 janvier, et dans
L'Action Catholique, le samedi 17 janvier
1959.
79
SERVICE D'AUTOBUS DE LA COTE DE BEAUPRE
En vue d'ameliorer le service qu'elle assure a ses clients, la Compagnie de Transport
Montmorency dont les vehicules effectuent 11 voyages (aller et retour) par jour
portera a 13 le nombre des voyages, a compter du 16 mars, et prendra bientot
livraison de trois nouveaux autobus de 50 sieges.
Departs de St-Joachim pour Quebec
Tous les
jours
5.15 a.m.
Tous les
jours
12.20 p.m.
Dim.
excepte
6.00 a.m.
Tous les
jours
2.00 p.m.
Dim.
excepte
7.00 a.m.
Tous les
jours
3.20 p.m.
Tous les
jours
7.30 a.m.
Tous les
jours
4.45 p.m.
Tous les
jours
8.50 a.m.
Tous les
jours
6.20 p.m.
Tous les
jours
11.30 a.m.
Tous les
jours
10.20 p.m.
Departs de Quebec pour VAnge-Gardien — Chateau-Richer — Ste-Anne-de-Beaupre —
Beaupre — St-Joachim
Dim.
excepte
6.40 a.m.
Sam. et
dim.
1.00 p.m.
Dim.
seulement
7.00 a.m.
Tous les
jours
1.45 p.m.
Tous les
jours
7.30 a.m.
Tous les
jours
3.15 p.m.
Tous les
jours
9.00 a.m.
Tous les
jours
4.10 p.m.
Dim.
seulement
10.30 a.m.
Tous les
jours
5.00 p.m.
Dim.
excepte
11.00 a.m.
Dim.
excepte
5.30 p.m.
Sam.
seulement
12.00 p.m.
Dim.
excepte
6.10 p.m.
Tous les jours 7.00 p.m.
Tous les jours 8.00 p.m.
Vend, et dim. seul. 10.15 p.m.
Tous les jours 11.59 p.m.
Quebec,
Tel. LA 2-2303
COMPAGNIE DE TRANSPORT MONTMORENCY
190, Notre-Dame-des-Anges
Beaupre, tel. 102
Tel. CO 3-3763
Deux autres points relatifs a la presente cause ont ete mentionnes soit au
cours de l'audience, soit dans les memoires presentes par les parties opposantes.
Dans le premier cas, il s'agit d'une lettre adressee a la Commission par le
Board of Trade de Quebec; dans l'autre cas, du service-marchandises exploite
sur la subdivision de Montmorency, auquel on attribue une grande valeur.
II est vrai que le 22 aout 1958, le Board of Trade de Quebec a adresse
une communication au commissaire en chef d'alors, a l'appui de la requete du
Chemin de fer. Les raisons invoquees n'interessaient pas la Commission et,
par consequent, la lettre du Board of Trade n'a pas influe sur la decision prise
par la Commission d'approuver la requete.
Quant au service-marchandises, le 11 novembre 1958, M. J. W. G. Mac-
dougall, C.R., avocat de la Commission aupres du Chemin de fer, a adresse a
la Commission une communication, accompagnee d'un etat montrant le nombre
de trains de marchandises ay ant circule, chaque jour, dans les deux sens, entre
le lor octobre et le 9 novembre 1958, et dans laquelle il faisait remarquer que
le nombre de trains circulant chaque jour, six jours par semaine, le dimanche
etant exclu, variait de trois a cinq, la moyenne s'etablissant a 3.7 par jour de
semaine pour la periode en question.
Pour ce qui est de la position adoptee par les parties opposantes, des
memoires ont ete presentes par M. Maurice Huot, C.R., avocat du Conseil de
comte de la division de Montmorency, section n° 1, qui comprend les munici-
palites de Boischatel, L'Ange-Gardin, Chateau-Richer et Saint-Fereol; M. J.-M.
Guerard, C.R., representant la ville de Montmorency; M. G. Gaudry, C.R.,
representant Saint-Joachim, Sainte-Anne-de-Beaupre et la corporation
80
municipal de Chateau-Richer; M. Benoit Perron, president general de la
Fraternite des agents d'accompagnement, subdivision de Montmorency; M.
Robert Caron, president de l'Association des telegraphistes de chemin de fer,
local 103, et M. P.-E. Beauregard, president general de la Fraternite des
chauffeurs et mecaniciens de locomotive, local 879.
La Commission a recu en outre un certain nombre de lettres de personnes
qu'on pourrait appeler de simples particuliers et d'etudiants; entre autres, une
lettre d'une personne qui signe "M. H.-P. Tremblay" et donne son adresse
comme etant "310 avenue Royale, Sainte-Anne-de-Beaupre", accompagnee
d'une petition qui aurait ete signee par 7,200 personnes. M. Tremblay n'a pas
date sa lettre et il ne s'identifie pas autrement que par son nom et son adresse.
Toutefois, il semble a peu pres certain qu'il est un prepose de trolley a l'emploi
du Chemin de fer.
Dans a lettre ci-dessus mentionnee, M. Tremblay declare, entre autres
choses, ce qui suit:
"Je declare qu'a une assemblee publique a laquelle assistaient
environ 75 personnes, j'ai dit ce qui suit ....
En l'espace de deux ou trois jours, plus de 7,200 personnes ont
dument signe une petition adressee a la Commission des transports du
Canada, a Ottawa, dans laquelle elles demandaient une amelioration des
horaires et des tarifs et declaraient s'opposer entierement a la requete
faite par les chemins de fer Nationaux en vue d'obtenir l'autorisation de
discontinuer le service-voyageurs de banlieue entre Quebec et Saint-
Joachim."
L'introduction de la petition se lit ainsi:
"Nous soussignes, domiciles dans la paroisse de L'Ange-Gardien,
comte de Montmorency, nous opposons entierement a la requete faite par
les chemins de fer Nationaux du Canada en vue d'obtenir l'autorisation
de discontinuer le service-voyageurs de banlieue entre Quebec et Saint-
Joachim. Nous demandons une amelioration des horaires et des tarifs."
A mon avis, il n'y a pas lieu de mentionner en detail le contenu des divers
memoires soumis. En resume, leurs auteurs s'opposent nettement a la requete
du Chemin de fer. lis expriment une grande inquietude au sujet des employes
du Chemin de fer qui perdraient leur emploi et ne semblent pas tenir compte
de 1'intention du Chemin de fer, mentionnee dans la requete, de trouver, en
temps opportun, d'autres emplois pour les employes en cause.
lis pretendent que les anciens proprietaires du Chemin de fer l'exploi-
taient a profit. Toutefois, ils n'apportent aucune preuve a l'appui de cette
allegation.
Ils pretendent que le Chemin de fer a deliberement pris tous les moyens
possibles pour eloigner les clients de son service-voyageurs de banlieue en dis-
continuant l'exploitation de certains trains et en en faisant circuler d'autres a
des heures qui ne convenaient pas au public voyageur. A ce sujet, non plus,
aucune preuve n'est fournie.
Ils soutiennent egalement que le public subirait de graves inconvenients
et que la valeur des proprietes diminuerait advenant l'abandon du service de
banlieue.
Ils se plaignent aussi au sujet de la limite de validite et de la diversite
des billets d'abonnement et ils pretendent qu'en haussant le tarif, le Chemin
de fer a lui-meme cause la diminution de sa clientele et que celle-ci lui revien-
drait si le tarif etait reduit.
81
En outre, on pretend que le service-marchandises de la ligne Quebec-
St-Joachim rapporte de gros profits dont une partie seulement suffit a compenser
le deficit d'exploitation du service-voyageurs et qu'en statuant sur le cas, la
Commission devrait considerer l'ensemble des profits provenant du service
sans diviser celui-ci en secteurs d'exploitation.
Le point de vue general des parties opposantes me semble clairement
expose dans le memoire soumis par M. Maurice Huot, C.R.
Sous les titres de "Suggestions" et "Conclusions" il ecrit ce qui suit:
"SUGGESTIONS
Le service entre Quebec et St-Joachim pourrait etre exploite d'une
maniere rentable et appropriee si la requerante consentait a faire les
ameliorations normales, a rajuster ses horaires et la frequence des trains
et a appliquer un tarif raisonnable.
a) HORAIRES: Les trains electriques devraient circuler comme il suit:
TRAINS QUOTIDIENS EN DIRECTION DE L'EST
Arr. aux chutes Arr. a
Dep. de Quebec Montmorency Saint-Joachim
12.05 a.m. 1.00 a.m.
6.20 a.m. 7.20 a.m.
8.00 a.m. 8.17 a.m.
9.00 a.m. 10.00 a.m.
11.00 a.m. 11.20 a.m.
11.30 a.m. excepte le samedi 12.35 p.m.
12.00 p.m. le samedi 1.00 p.m.
12.15 p.m. 12.35 p.m.
1.00 p.m. 2.00 p.m.
1.30 p.m. 1.50 p.m.
2.50 p.m. 3.07 p.m.
3.00 p.m. (176) 4.00 p.m.
3.15 p.m. 4.20 p.m.
4.15 p.m. 5.20 p.m.
4.25 p.m. 4.45 p.m.
5.10 p.m. (direct) arret sur signal 5.55 p.m.
5.30 p.m. 6.30 p.m.
6.00 p.m. 6.20 p.m.
6.15 p.m. 7.15 p.m.
7.15 p.m. 8.15 p.m.
8.15 p.m. 8.32 p.m.
9.15 p.m. 9.32 p.m.
10.15 p.m. 10.32 p.m.
11.15 p.m. 11.32 p.m.
TRAINS QUOTIDIENS EN DIRECTION DE L'OUEST
Dep. de Dep. des chutes
St-Joachim Montmorency Arr. a Quebec
5.45 a.m. 6.40 a.m.
6.40 a.m. 7.40 a.m.
7.15 a.m. , 8.15 a.m.
7.40 a.m. 8.40 a.m.
8.57 a.m. 9.15 a.m.
9.10 a.m. 10.15 a.m.
10.40 a.m. (175) 11.40 a.m.
11.40 a.m. 11.57 a.m.
11.45 a.m. 12.55 p m
82
TRAINS QUOTIDIENS EN DIRECTION DE L'OUEST— Cone.
Dep. de
Dep. des chutes
St-Joachim
Montmorency
Arr. a Quebec
1.00 p.m.
1.17 p.m.
2.00 p.m.
2.17 p.m.
2.10 p.m.
3.10 p.m.
3.37 p.m.
3.55 p.m.
o.Uo p.m.
4.10 p.m.
5.05 p.m.
5.25 p.m.
4.40 p.m.
5.40 p.m.
6 Qn r> m
U.uv jj.lli.
6 50 r» m
6.45 p.m.
7.45 p.m.
8.40 p.m.
8.57 p.m.
9.40 p.m.
9.57 p.m.
10.40 p.m.
10.57 p.m.
10.30 p.m.
11.30 p.m.
12.05 a.m.
12.25 a.m.
b) LA CARTE DE CINQUANTE PASSAGES devrait etre divisee en cinq,
e'est-a-dire en cartes de dix passages valables pour deux semaines.
Le prix d'achat representerait un debourse moindre pour les personnes
voyageant entre des points situes aux extremites de la ligne, ou
presque;
c) LES CARTES ENTRE GARES, retirees en 1955, devraient etre remises
en usage;
d) LE PRIX MINIMUM DE 25c. devrait comprendre le voyage de retour
jusqu'a quatre milles du point de depart, ce qui representerait un taux
milliaire raisonnable tandis qu'a l'heure actuelle, dans certains cas,
le taux est de 25c. par mille;
e) LA MISE EN SERVICE D'UN TRAIN RAPIDE entre Quebec et St-
Joachim, a 5h. 15 du soir;
f) LA PERIODE DE VALIDITE des billets de quarante passages devrait
etre prolongee suivant les conditions de travail des titulaires;
g) IL Y AURAIT LIEU DE COMBINER LES SERVICES Quebec-
La Malbaie et Quebec-St-Joachim et d'assurer deux voyages par jour
de facon a permettre aux personnes venant de Charlevoix de rester
plus longtemps a Quebec pour vaquer a leurs affaires, de partir et
d'arriver a des heures raisonnables et de n'etre plus obligees de
demeurer plus d'une journee a Quebec. Ces service pourraient etre
assures au moyen de trois voitures automotrices Budd, Tune servant
au transport des bagages et les deux autres au transport des
voyageurs. L'horaire propose serait le suivant:
TRAINS EN DIRECTION DE L'OUEST
Dep. de la Malbaie St-Joachim Arr. a Quebec
7.15 a.m. 9.05 a.m. 10.00 a.m.
3.00 p.m. 4.40 p.m. 5.30 p.m.
(Correspondance avec le
train partant pour Mont-
real a 6.00 p.m.)
TRAINS EN DIRECTION DE L'EST
Dep. de Quebec St-Joachim Arr. a la Malbaie
11.30 a.m. 12.35 p.m. 2.30 p.m.
6.15 p.m. 7.10 p.m. 9.10 p.m.
83
CONCLUSIONS
L'intime soumet respectueusement que la requerante peut exploiter
a profit le service entre Quebec et St-Joachim en le faisant administrer
sur place par un surintendant investi de la responsabilite et de l'auto-
rite necessaires a l'exploitation efficace. Des relations exterieures
appropriees, un materiel convenable et bien entretenu, le maintien de
l'ordre dans les trains de voyageurs, l'efncacite et la courtoisie du person-
nel, la priorite donnee aux trains de voyageurs sur les trains de
marchandises, une meilleure comprehension du point de vue des voyageurs
de banlieue et l'acceptation et la mise en vigueur des recommandations
de l'intime, rameneraient la clientele perdue et rendraient le service
prospere et bien achalande comme autrefois. En plus de prier la Com-
mission de rejeter la requete, l'intime la prie de statuer en conformite des
recommandations ci-dessus.
Quebec, le 17 novembre 1958."
CONCLUSIONS
Outre les depositions faites devant nous au cours des audiences et les
differents memoires presentes, je dois declarer qu'avant l'audience Tun des
inspecteurs du Service de l'exploitation de la Commission a visite la region, fait
une enquete complete et presente un rapport a la Commission le 27 aout, ce qui
demontre que dans des questions de ce genre la Commission ne s'en remet pas
entierement aux depositions et memoires presentes soit par les chemin de fer,
soit par les parties opposantes, mais qu'elle fait sa propre enquete.
Ann de demontrer qu'il ne s'agit pas en l'occurrence d'un cas isole, je
rappellerai certaines decisions anterieures de la Commission dans des causes
interessant les chemins de fer Nationaux du Canada, la London and Port
Stanley Railway, la Lake Erie and Northern and Grand River Railways (lignes
electrifiees, filiales de la Compagnie de chemin de fer du Pacifique-Canadien) et
la compagnie de chemin de fer New York Central.
Chemins de fer Nationaux du Canada, subdivision de Westport, 1952.
Voir C.R.T.C. 69 a la page 136. Abandon total de l'exploitation de 40.51
milles de ligne. Si le reseau cessait d'exploiter la ligne, il realiserait une
economie de $83,035 par annee. La requete a ete approuvee.
London and Port Stanley Railway, 1957. Voir C.R.T.C. 74 a la page 295.
Abandon du service- voyageurs entre London (Ontario) et Port Stanley
(Ontario), distance de 24 milles. Si le service-voyageurs etait abandonne,
l'economie serait de $6,000 par mois. La requete a ete approuvee.
Lake Erie & Northern and Grand River Railways. Voir C.R.T.C. 72 a
la page 290. Abandon du service-voyageurs entre Kitchener (Ontario)
et Port Dover (Ontario). II n'est fait aucune mention des economies
realisees dans ce cas. Toutefois, l'introduction dans le C.R.T.C. se lit
ainsi: "A cause du declin continu du trafic- voyageurs, le chemin de fer
a demande l'autorisation de discontinuer un service de trains de
voyageurs et de le remplacer par un service sur les routes paralleles aux
voies ferrees. La Commission s'est rendue a la demande sous reserve de
revision future, mais elle a fait remarquer que, a certains egards, le
plan ameliorerait le service."
Chemin de fer du New York Central. C'est le cas le plus recent. Le
Chemin de fer a demande l'autorisation de discontinuer entierement son
service-voyageurs entre Montreal (P.Q.) et Malone (N.Y.), distance
d'environ 60 milles. La cause a fait l'objet d'une decision en 1958 et ne
parait pas encore au C.R.T.C. Les trains en question etaient utilises
84
dans une grande mesure par des abonnes. Le chemin de fer econo-
miserait, s'il discontinuait le service-voyageurs, environ $100,000 par
annee. La requete a ete accordee.
Dans tous les cas susmentionnes, il a ete clairement demontre que de bonnes
routes etaient plus ou moins paralleles a la voie ferree et qu'il y avait d'autres
moyens de transport suffisants.
La Commission a dans ses dossiers une carte indiquant les lignes de chemin
de fer et les routes d'autobus entre Quebec et St-Joachim. Cette carte indique,
en supposant que la voie ferree se dirige vers Test a partir de Quebec (en
realite elle se dirige vers le nord-est), que le boulevard Ste-Anne est situe
au sud de la voie ferree et lui est parallele jusqu'a Ste-Anne. Ensuite, il
traverse la voie ferree, rejoint l'avenue Royale (l'ancienne route) et va jusqu'a
St-Joachim sur le cote nord de la voie ferree.
La preuve indique que trois compagnies d'autobus exploitent des services
dans ce territoire, les autobus desservant et le boulevard Ste-Anne et l'avenue
Royale.
La preuve donne aussi le nombre des personnes transporters par les autobus
et par les trains. II y a lieu de remarquer aussi que la Compagnie de Transport
Montmorency, la seule a exploiter un service sur toute la distance entre Quebec
et St-Joachim, a averti le public que, a compter du 16 mars 1959, elle mettra
en service des autobus supplementaires et augmentera le nombre des voyages
aller et retour.
Je crois que cela prouve nettement qu'il y aura a compter du 16 mars un
moyen de transport suffisant, autre que le chemin de fer, s'il n'y en a pas
deja un.
Quant a la rentabilite du service-marchandises, il n'a ete presente aucune
autre preuve que celles qui sont consignees aux presentes et qui ne se rapportent
qu'au nombre des trains de marchandises qui circulent.
Dans un cas comme celui-ci, il n'y a pas lieu pour la Commission de tenir
compte des recettes provenant du transport des marchandises. Si l'affaire
comportait l'abandon total de l'exploitation de la ligne en question, il n'y a
aucun doute alors que la Commission devrait examiner les recettes du service-
marchandises.
Voyons maintenant les suggestions et les conclusions presentees par
M. Huot. Comme on Pa vu precedemment, il propose plusieurs changements
et, en particulier, il aimerait qu'un plus grand nombre de trains de banlieue
soient mis en service ainsi qu'un autre train direct entre Quebec et La Malbaie.
Au sujet de l'augmentation du nombre des trains, les tableaux joints aux
presentes (dont l'un indique les departs pour Test et l'autre les departs pour
l'ouest) comparent les services- voyageurs actuellement en exploitation et ceux
qui, selon M. Huot, devraient etre exploites. II faudrait en tout 50 trains
supplementaires pour assurer le service vers Test et autant de trains pour les
services vers l'ouest.
M. Huot suggere que le train direct supplementaire pour La Malbaie pourrait
comprendre trois voitures automotrices Budd, l'une servant au transport des
bagages et les deux autres au transport des voyageurs. Si je tiens compte des
remarques contenues dans la requete du Chemin de fer au sujet des depenses
supplementaires qu'entrainerait le maintien du service a traction electrique, une
estimation rapide m'indique que la mise en ceuvre des propositions de M. Huot
exigerait du Chemin de fer qu'il investisse au moins un million de dollars et
85
attende la realisation des proprieties de M. Huot voulant qu'il soit possible
d'exploiter le service Quebec-St-Joachim avec profit et de facon convenable.
Sur cette derniere observation, je laisse au Chemin de fer le soin d'etudier
les suggestions de M. Huot.
Dans des cas de ce genre, la Commission s'efrorce d'evaluer la situation
a tous egards et, en particulier, nous etablissons quels moyens de transport
existent dans la region en cause. Nous examinons les depenses qu'entraine
Texploitation des trains, la mesure dans laquelle le public utilise le service de
train et nous comparons les economies que le Chemin de fer realiserait si Ton
accedait a sa requete avec les pertes et les inconvenients dont pourrait souffrir
le public par suite du changement.
D'apres le contenu de la requete, le rapport de l'inspecteur du Service de
l'exploitation de la Commission, les pieces deposees, les temoignages, le
plaidoyer et les memoires presentes durant et apres l'audience, la Commission
est convaincue qu'il existe d'autres moyens de transport suffisants dans la
region en cause et que les pertes du Chemin de fer l'emportent sur les incon-
venients dont souffrirait le public par suite de l'abandon du service-voyageurs
de banlieue. Comme l'indique la Piece n° 5, le Chemin de fer economiserait
environ $225,000 par annee si la requete etait approuvee.
Pour les raisons susmentionnees, la Commission a accede a la requete du
Chemin de fer et rendu l'ordonnance n° 96358 le 24 novembre 1958.
H. B. CHASE
J' agree:
A. Sylvestre
le 25 fevrier 1959.
86
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88
GENERAL ORDER No. 840
In the matter of General Order No. 833, dated July 3, 1958, with regard to
regulations respecting the reduction of certain freight rates between
eastern and western Canada pursuant to Section 468 of the Railway Act:
File No. 45464.1
Tuesday, the 24th day of February, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
General Order No. 833, dated July 3, 1958, is amended, effective March 1,
1959, by striking out subparagraph (5) of paragraph numbered 4 of the said
General Order and substituting therefor the following:
(b) 10.5 cents per one hundred pounds.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
89
ORDER No. 97434
In the matter of Order No. 94426, dated May 27, 1958, amending Rule 3 of the
Canadian Car Demurrage Rules:
And in the matter of Order No. 94888, dated July 14, 1958, suspending the said
amendment of Rule 3 until otherwise ordered by the Board:
File No. 1700.397
Wednesday, the 25th day of march, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
Whereas by Order No. 94426, dated May 27, 1958, Rule 3 of Canadian Car
Demurrage Rules was amended as set out in the said Order No. 94426;
Whereas pending the outcome of an appeal to the Supreme Court of Canada
from the Judgment and said Order No. 94426, amendment of Rule 3 of the said
Canadian Car Demurrage Rules was suspended by the said Order No. 94888
until otherwise ordered by the Board; and
Whereas the appeal to the Supreme Court of Canada has now been heard
and determined, having been dismissed by the Judgment of the said Court
dated January 27, 1959, thus confirming the Judgment and Order of the Board
No. 94426, dated May 27, 1958;
It is hereby ordered as follows:
1. Order No. 94888, dated July 14, 1958, is rescinded.
2. Amendment to Rule 3 of the Canadian Car Demurrage Rules, ordered
by Order No. 94426, dated May 27, 1958, suspended by Order No. 94888, dated
July 14, 1958, is restored.
H. H. GRIFFIN,
Assistant Chief Commissioner,
The Board of Transport Commissioners for Canada.
90
SUMMARY OF ORDERS ISSUED BY THE BOARD
97326 Mar. 10—
97333 Mar. 10
97334 Mar. 11
97335 Mar. 11—
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at first crossing east of station at
Petawawa, Ont., Mileage 103.61 Chalk River Subd.
97327 Mar. 10 — Authorizing the C.P.R. to remove the caretaker at Brooklyn, N.S.
97328 Mar. 10 — Approving proposed flammable liquid bulk storage facilities of The
British American Oil Company Limited at Mont Laurier, P.Q.
97329 Mar. 10 — Rescinding Order No. 75126 which approved facilities of Imperial
Oil Limited at Leyland, Alta.
97330 Mar. 10 — Rescinding Order No. 78120 which approved facilities of the C.N.R.
at Coalspur, Alta.
97331 Mar. 10 — Relieving the C.P.R. from erecting right of way fences along its
industrial tracks in certain areas in the Twp. of Scarborough, Ont.
97332 Mar. 10 — Authorizing the Saskatchewan Power Corporation to construct a
transmission line across the pipe line of Trans-Canada Pipe Lines
Limited in the NWJ Sec. 9, Twp. 19, Rge. 19, W3M., Sask.
Authorizing the Saskatchewan Power Corporation to construct a
transmission line across the pipe line of Trans-Canada Pipe Lines
Limited in the SE| Sec. 2, Twp. 18, Rge. 29 W2M., Sask.
Approving Drawing submitted by Westcoast Transmission Company
showing the location of its company pipe line at certain locations in
the Peace River District of British Columbia.
Authorizing the construction of a pedestrian crossing over the New
York Central Railroad Company opposite Ste. Catherine St.,,
Beauharnois, P.Q.
97336 Mar. 11 — Approving Standard Mileage Freight Tariff C.T.C. E.5271 Great
Lakes Steamship Service, filed by the C.P.R.
97337 Mar. 11 — Rescinding Order No. 72002 which approved facilities of Canadian
Oil Companies Limited at Hamilton, Ont.
97338 Mar. 11 — Authorizing the City of Joliette, P.Q., to construct Cartier St. across
the C.P.R. in that City, at Mileage 6.3 St. Gabriel Subd.
97339 Mar. 11 — Amending Order No. 92321, re apportionment of cost of installing
automatic protection at the crossing of the highway and the Nipissing
Central Railway, at Mileage 33.5 Kirkland Lake Subd., P.Q.
97340 Mar. 11 — Amending Order No. 92322, re apportionment of cost of installing
automatic protection at the crossing of the Nipissing Central Railway
and Highway No. 59 (Arntfield Road) Mileage 56.3 Kirkland Lake
Subd., P.Q.
97341 Mar. 11 — Approving tariffs filed by The Bell Telephone Company of Canada.
97342 Mar. 11 — Amending Order No. 92812, re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Finch Ave.,
Ont., Mileage 11.65 Newmarket Subd.
97343 Mar. 11 — Approving tolls published in tariffs filed by the Canadian Freight
Assoc. under sections 3 and 8 of the Maritime Freight Rates Act.
97344 Mar. 11 — Rescinding Order 94196 which authorized Consumers' Gas Company
to construct a gas main over and under the C.N.R. at Highway No. 17
between Cone. 6 and 7, Lot 22, Twp. of McNab, Ont.
97345 Mar. 11 — Approving proposed flammable liquid bulk storage facilities of
Ilford Airways Limited at Ilford, Man.
97346 Mar. 11 — Dismissing application of the C.N.R. for authority to remove the
station agent at Rochfort Bridge, Alta.
97347 Mar. 12 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Lacoste, P.Q., Mileage 96.81 Ste.
Agathe Subd.
97348 Mar. 12 — Authorizing the Ont. Dept. of Highways to construct Highway No.
133 over the C.N.R. by means of an overhead bridge at Mileage 69.67
Campbellford Subd.
97349 Mar. 12 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited, at Craigmyle, Alta.
97350 Mar. 12 — Amending Order No. 97033 which approved proposed flammable
liquid storage facilities at Russell, Man.
91
97351 Mar. 12 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 87.66 Goderich Subd., Ont.
97352 Mar. 13 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
97353 Mar. 13 Authorizing the C.N.R. to relocate their railway between Mileages
8.52 and 8.91 Main Centre Subd., Rural Munic. of Enfield, Sask.
97354 Mar. 13 Approving proposed flammable liquid storage facilities of The British
American Oil Company Limited at Stephenville Crossing, Newfound-
land.
97355 Mar. 13 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone Chibougamau Limited.
97356 Mar. 13 — Authorizing the C.N.R. to construct an industrial lead track across
Handel St. and Montcalm Blvd. in the Town of Candiac, Co.
Laprairie, P.Q.
97357 Mar. 13 — Authorizing United Gas Limited to construct a gas main across the
pipe line of Trans-Canada Pipe Lines Limited, west of Ewan Road,
north of Main St., in Hamilton, Ont.
97358 Mar. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Lake St., in the Town of Huntingdon, P.Q.,
Mileage 55.89 Massena Subd.
97359 Mar. 13 — Relieving the C.P.R. from erecting cattle guards on its Kerrobert
Subd., Sask. on both sides at Mileages 0.19 and 1.20.
97360 Mar. 13 — Authorizing the Twp. of Richmond, B.C., to construct a public road
over the Vancouver & Lulu Island Rly. Co. at Mileage 3.77 Steveston
Branch.
97361 Mar. 13 — Authorizing the Twp. of Maidstone, Ont., to widen the approach
grades of the highway where the Twp. road crosses the C.N.R. at
Mileage 97.17 Chatham Subd.
97362 Mar. 13 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 95, south of Marysville, B.C., Mileage
13.8 Kimberley Subd.
97363 Mar. 13 — Amending Order No. 92673, re apportionment of cost of reconstruct-
ing a portion of the existing subway under the C.P.R. at Broad St.,
Regina, Sask.
97364 Mar. 13 — Relieving the C.N.R. from erecting right of way fencing between
Mileages 0.0 and 1.23 both sides, and both sides of their wye track,
on their Gravelbourg Subd., Sask.
97365 Mar. 13 — Approving abandonment of operation by the C.N.R. of their Key
Harbour Branch from Mileage 0.72 to 7.01, Ont., a distance of 6.29
miles.
97366 Mar. 13 — Amending Order No. 93310, re apportionment of cost of installing
automatic protection at crossing of the C.N.R. and St. Laurent Blvd.,
Ont., Mileage 132 Alexandria Subd. and crossing of the former N.Y.C.
Railroad Co. and St. Laurent Blvd.
97367 Mar. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Cemetery St., in the Town of Huntingdon, P.Q.,
Mileage 55.42 Massena Subd.
97368 Mar. 13 — Authorizing the Consumers' Gas Company to construct a gas main
across and under the C.N.R. in the road allowance between Cones. 8
and 9, in Lot 29, Twp. of Markham, Ont., Mileage 42.4 Uxbridge
Subd.
97369 Mar. 16 — Authorizing the Canadian Kewanee Limited to construct a 2-inch
pipe line across and under the pipe lines of Westspur Pipe Line
Company in the SW£ of Sec. 6-4-4-W2M., Sask.
97370 Mar. 16 — Authorizing the B.C. Electric Company Limited to construct a 2-inch
natural gas main over the pipe line of Westcoast Transmission
Company Limited at McGrath Road, Twp. of Chilliwack, B.C.
97371 Mar. 17— Approving tolls published in Tariff C.T.C. No. E.4040 and Supple-
ments thereto, filed by the C.N.R. under the provisions of the Mari-
time Freight Rates Act.
92
97372 Mar. 17— Authorizing the C.N.R. to reconstruct that portion of their timber
trestle over the South Paddle River, at Mileage 67.8 Sangudo Subd.,
Alta.
97373 Mar. 17 — Approving proposed flammable liquid storage facilities of Penfound
Varnish Co. Ltd., at 30 Bethridge Road, Etobicoke, Ont., Mileage 0.38
Rexdale Spur, Brampton Subd.
97374 Mar. 17 — Authorizing the C.P.R. to use and operate the bridge over the
Waskasoo Creek, Alta., Mileage 81.6 Red Deer Subd.
97375 Mar. 17 — Approving proposed flammable liquid storage facilities of the C.N.R.
at Tyup, B.C., Tidewater Subd.
97376 Mar. 17 — Authorizing the C.N.R. to reconstruct their bridge over the highway
in the Munic. of Thompson, Man., Mileage 44.8 Miami Subd.
97377 Mar. 17 — Approving operation of the C.P.R. Company's engines, cars, etc.,
over a private siding serving the Irving Wire Products Limited, at
Mileage 3.58 MacLeod Subd.
97378 Mar. 17 — Authorizing the Twp. of North York to construct an 18inch water
main over and under the pipe line of Trans-Northern Pipe Line
Company at Finch Ave., West of Yonge St., Twp. of North York,
Ont.
97379 Mar. 17 — Authorizing the Twp. of Maidstone, Ont., to improve the approach
grades at crossing of the township road and the N.Y.C. Railroad
Company at Mileage 208.43 Niagara Falls Subd.
97380 Mar. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of the Dominion Atlantic Rly. Company and Little Brook Crossing,
in the Munic. of Clare, N.S., Mileage 51.42 Yarmouth Subd.
97381 Mar. 17 — Authorizing the Quebec Dept. of Roads to widen Highway No. 57
where it crosses the right of way of the C.P.R. at Mileage 74.89
Lachute Subd., P.Q.
97382 Mar. 17 — Authorizing the Twp. of Maidstone, Ont., to improve the approach
grades at the crossing of its township road and the N.Y.C. Railroad
Company at Mileage 205.72 Niagara Falls Main Line Subd.
97383 Mar. 17 — Authorizing the Twp. of Maidstone, Ont., to improve the approach
grades at the crossing of its township road and the N.Y.C. Railroad
Company at Mileage 206.62 Niagara Falls Main Line Subd.
97384 Mar. 17 — Authorizing the Twp. of Maidstone, Ont., to improve the approach
grades at the crossing of its township road and the N.Y.C. Railroad
Company at Mileage 207.53 Niagara Falls Main Line Subd.
97385 Mar. 17 — Authorizing the Twp. of Carling to improve the sight lines by
removing trees and bush, etc. at crossing of the highway and the
C.P.R. at Mileage 35.32 Parry Sound Subd., Ont.
97386 Mar. 17 — Approving proposed liquefied petroleum gas storage facilities of
North Shore Propane Company Ltd. at Sault Ste. Marie, Ont.,
Mileage 129.73 Thessalon Subd.
97387 Mar. 17 — In the matter of the Board's regulations for the Transportation of
Dangerous Commodities by Rail.
97383 Mar. 17 — Authorizing the C.N.R. to make changes in the signals at the crossing
of their Cayuga Subd. at Mileage 18.5 and the Welland Subd. of
the Niagara, St. Catharines and Toronto Railway, Ont.
97389 Mar. 17 — Authorizing the Munic. of Metropolitan Toronto to reconstruct the
overhead bridge carrying Don Mills Road over the C.N.R. at Mileage
6.5 Bala Subd.
97390 Mar. 18 — Approving under the Maritime Freight Rates Act tolls published
in tariffs filed by the Dominion Atlantic Railway Company under
sections 3 and 8.
97391 Mar. 18 — Approving tolls published in tariffs filed by the C.N.R. under the
provisions of the Maritime Freight Rates Act, under sections 3 and 8.
97392 Mar. 18 — Authorizing the C.N.R. to remove the caretaker at Lavinia, Man.
97393 Mar. 18 — Authorizing the removal of the speed limitation at the crossing of
the Sydney and Louisburg Rly. Company and King Edward St. in
the Town of Glace Bay, N.S., Mileage approximately 14.
93
97394 Mar. 19 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway, at first crossing north of Parkhead,
Ont., Mileage 59.60 Owen Sound Subd.
97395 Mar. 19 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. being the fourth crossing north of the
station at Newmarket, Ont., Mileage 36.38 Newmarket Subd.
97396 Mar. 20 — Approving proposed flammable liquid storage facilities of the British
American Oil Co. Ltd. at Rogers, B.C., Mileage 67.78 Mountain Subd.
97397 Mar. 20 — Authorizing the Munic. of Shuniah, Ont., to construct the highway
at grade over the C.N.R. in the Twp. of McGregor, Ont., Mileage 126.1
Dorion Subd.
97398 Mar. 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Leduc Blvd., Town of Montreal North., P.Q.,
Mileage 33.00 l'Assomption Subd.
97399 Mar. 20 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.N.R. at first public crossing east of station
at Oyen, Alta., Mileage 66.7 Oyen Subd.
97400 Mar. 20 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited, at Valemount, B.C., Mileage 74.26 Albreda
Subd.
97401 Mar. 23 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 4 and the C.N.R. at Mileage 90.97 Gladstone Subd.,
Man.
97402 Mar. 23 — Authorizing the removal of the speed limitation at the crossing of
Water St. and the C.N.R. in Newmarket, Ont., Mileage 33.55 New-
market Subd.
97403 Mar. 23— In the matter of Order No. 85408, authorizing the C.P.R. to re-line
Spiral Tunnel No. 1 at Mileage 128.8 Laggan Subd., Alta.
97404 Mar. 23 — Authorizing the C.P.R. to re-line Tunnel No. 1 at Mileage 128.8
Laggan Subd., Alta.
97405 Mar. 23 — Rescinding Order No. 78707, which approved location of facilities
of The Bell Telephone Co. of Canada near the tracks of the C.N.R.
at London, Ont.
97406 Mar. 23 — Approving application of Fargo Oils Limited to construct a 2f- inch
pipe line over the pipe line of Westcoast Transmission Company
Limited in the Peace River District of B.C., in the vicinity of
Mileage 106 Alaska Hwy.
97407 Mar. 23 — Approving application of Fargo Oils Limited to construct a 3£" pipe
line over the pipe line of Westcoast Transmission Company Limited
in the Peace River District of B.C., in the vicinity of Mileage 109
Alaska Highway.
97408 Mar. 23 — Authorizing The Bell Telephone Company of Canada to construct a
conduit for telephone cables over and under the pipe line of the
Trans Northern Pipe Line Company, at Main Street, opposite Lot 19,
Cone. 5, West of Dundas St., in the Twp. of North York, Ont.
97409 Mar. 23 — Authorizing the removal of the speed limitation at the crossing of
Rouleau St. and the C.N.R. in the City of Rimouski, P.Q., Mileage
18.53 Rimouski Subd.
97410 Mar. 23 — Approving proposed Class II flammable liquid bulk storage facilities
of the C.N.R. at Vancouver, B.C.
97411 Mar. 23 — Extending the time until June 1, 1959, within which the C.N.R. is
required to install automatic protection at the crossing of their rail-
way and Highway No. 45 at Colombourg, P.Q., Mileage 22.06
Macamic Subd.
97412 Mar. 23 — Approving operation of the C.N.R. trains over the private siding
serving British American Oil Co. Ltd., at Stephenville crossing,
Nfld., Mileage 453.05 Port aux Basques Subd.
97413 Mar. 23 — Authorizing the City of Calgary, Alta., to construct 66th Avenue
S.W. over the C.P.R. at Mileage 3.56 MacLeod Subd.
97414 Mar. 23 — Approving proposed liquefied petroleum gas bulk storage facilities
of Rockgas Propane Limited at Port Alberni, B.C.
94
97415 Mar. 23 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97416 Mar. 23 — Authorizing the C.N.R. to remove the caretaker at Rossendale
Station, Man.
97417 Mar. 23 — Approving revised plan submitted by the Saskatchewan Power
Corporation showing details of its power line over the Trans-
Canada Pipe Lines Limited in SE£ Sec. 3-17-20-W.2M.
97418 Mar. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 45.04 Swift Current Subd.,
Sask.
97419 Mar. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Beach St. in Ottawa West, Ont., Mileage 1.10
Prescott Subd.
97420 Mar. 23 — Approving tariffs filed by The Bell Telephone Company of Canada.
97421 Mar. 23 — Approving revised Appendix "A" to Traffic Agreement between The
Bell Telephone Company of Canada and The New Union Telephone
Company Limited.
97422 Mar. 23 — Authorizing the Chesapeake and Ohio Railway Company to operate
over the swing span crossing the Sydenham River near Wallaceburg,
Ont., until the 15th of April, 1959.
97423 Mar. 24 — Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Westminster Avenue, City of Montreal, P.Q., Mileage 0.85
St. Luc Branch.
97424 Mar. 24 — Approving proposed flammable liquid bulk storage facilities of
Canadian Oil Companies Limited at Preeceville, Sask., Mileage 72.05
Preeceville Subd.
97425 Mar. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 104.30 Bathurst Subd., N.B.
97426 Mar. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Bruchesi, P.Q., Mileage 11.40 St.
Lin Subd.
97427 Mar. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Dominion Atlantic Railway Company at New-
port, N.S., Mileage 26.2 Halifax Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
i:fce Poarb of
f*an$port Commissioners for Canaba
Judgments, Orders, Regulations, and Rulings
Vol. XLIX
OTTAWA, MAY 1, 1959
No. 3
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Colonial Steamships Limited) , hereinafter called the "Applicant", for a
licence under section 10 of Jtte Transport Act:
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 355 is issued to the Applicant licensing, for the
period of one year commencing January 15, 1959, the following ships to trans-
port goods by water between all ports and places in Canada in the areas
designated herein with respect to each ship:
1. On Lakes Ontario, Erie, Huron (including Georgian Bay), and Superior,
and their connecting waters, including the St. Lawrence River and its tributaries
as far seaward as Prescott, Ontario:
Authorized as Second Class Mail, Post Office Department, Ottawa.
File No. 42076.16
^^iday, the 3rd day of April, A.D. 1959
A. Sylvestre, Q.C., Deputy Ck^L Ctimmissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
Vessel Name
Official
Registry No.
Gross
Tonnage
Bayton
Laketon
Ralph S. Misener
Royalton
141675
137906
141679
151108
4176
4423
7403
7164
95
70503-8—1
96
2. On Lakes Ontario, Erie, Huron (including Georgian Bay) and Superior,
and their connecting waters, including the St. Lawrence River and its tributaries
as far seaward as the west end of the Island of Orleans:
Official
Gross
Vessel Name
Registry No.
Tonnage
Brampton
149435
1926
161526
1925
Queenston
149430
1926
R. H. Marshall
149499
1926
Donald F. Fawcett
148073
1902
Frank H. Brown
148079
1902
161524
1940
E. P. Murphy
149493
1927
Paul Manion
149494
1927
J. N. McWatters
161519
1928
Geo. M. Carl
149475
1939
J. G. Irwin
149495
1927
H. L. Wyatt
...... 161517
1928
John A. France
161518
1938
149500
1975
C. A. Ansell
161520
1940
A. SYLVESTRE,
Deputy Chief Commissioner.
97
ORDER No. 97571
In the matter of the application of the Railway Association of Canada and
certain of the member companies dated September 16, 1958, for authority
to make increases in their tolls or rates for the carriage of freight traffic
on their lines in Canada, and in particular in the matter of the final relief
therein requested.
File No. 48771.2
Friday, the 10th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
Upon request of the Railway Association of Canada for a postponement
sine die of the hearing of the application herein for final relief and upon
hearing Counsel for the said Association in support of the request;
It is hereby ordered as follows:
1. The hearing of the application for final relief fixed for May 19, 1959,
by Order of the Board No. 96831, dated January 13, 1959, is postponed sine die.
2. The periods specified in paragraphs 3 and 4 of the said Order, respecting
filing and delivery of answers and precis of evidence, are extended sine die.
ROD KERR,
Chief Commissioner.
70503-8—2
98
ORDER No. 97619
In the matter of the application of Yankcanuck Steamships Limited for a licence
under section 10 of the Transport Act:
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) No. 356 shall be issued to Yankcanuck Steam-
ships Limited licensing, for the period of one year commencing January 15,
1959, the following ships to transport iron or steel articles, as listed under the
distinctive heading "IRON OR STEEL" in Canadian Freight Classification
No. 20, C.T.C. No. 1525 (R. K. Watson, Agent) between all ports or places in
Canada on Lakes Ontario, Erie, Huron (including Georgian Bay) and Superior,
and their connecting waters, including the St. Lawrence River and its tribu-
taries, as far seaward as the west end of the Island of Orleans —
File No. 42076.48
Monday, the 13th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Manzzutti
Mancox .
Vessel Name
Official
Registry No.
145462
145465
Gross
Tonnage
1,528
1,550
ROD KERR,
Chief Commissioner,
99
SUMMARY OF ORDERS ISSUED BY THE BOARD
97428 Mar. 24 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
97429 Mar. 24 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Irma, Alta., Mileage 17.70 Viking Subd.
97430 Mar. 24 — In the matter of The Express Traffic Association of Canada for
approval of proposed Supplement No. 10 to Express Classification
for Canada No. 9.
97431 Mar. 24 — In the matter of application of Mclnnes Products Corp. Limited,
Edmonton, Ata., for a licence under section 10 of the Transport Act.
97432 Mar. 24 — Rescinding Order No. 59466, which approved facilities of W. R.
Thompson for handling and storage of flammable liquids near the
right of way of the N.Y.C. Railroad Co. (Michigan Central Railroad)
at Petrolia, Ont.
97433 Mar. 24 — Authorizing the C.N.R. to remove the bell and illuminated danger
sign at crossing of their railway and the Municipal Road at Mileage
30.7 Miniota Subd., Man.
97434 Mar. 25 — Rescinding Order No. 94888 and restoring Amendment to Rule 3 of
the Canadian Car Demurrage Rules, ordered by Order No. 94226,
dated May 27, 1958, suspended by Order No. 94888, dated July 14,
1958.
97435 Mar. 25 — Approving application of the Town of New Waterford, N.S., for
improved protection at crossing of King St. and the Victoria Subd.
of the Sydney and Louisburg Rly. Co., in the Town of New Water-
ford, N.S.
97436 Mar. 25 — Approving tolls filed by the Cumberland Rly. and Coal Company
under section 8 of the Maritime Freight Rates Act.
97437 Mar. 26 — Extending the time within which the C.N.R. are required to install
two flashing light signals and one bell at crossing of their railway
and Lockerby's crossing in the Province of N.S., Mileage 35.7 Oxford
Subd.
97438 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 3,
Mileage 42.88 Yarmouth Subd., N.S.
97439 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Route 11 in
the Village of Upper Caraquet, N.B., Mileage 44.31 Caraquet Subd.
97440 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Alder Point
Road, N.S., Mileage 92.11 Sydney Subd.
97441 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and first cross-
ing west of station at Upper Caraquet, N.B., Mileage 42.49 Caraquet
Subd.
97442 Mar. 26 — Authorizing the Town of Burlington, Ont., to construct an 8-inch
cast-iron sewer main across and under the pipe line of Trans
Northern Pipe Line Company at intersection of Highways Nos. 2
and 20, in the Town of Burlington, Ont.
97443 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 8
at East Bathurst, N.B., Mileage 4.11 Caraquet Subd.
97444 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 12,
N.S., Mileage 53.7 Chester Subd.
97445 Mar. 26 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and the highway at
Auld's Cove, N.S., Mileage 7.09 Sydney Subd.
97446 Mar. 26 — Approving Supplement No. 1 to Traffic Agreement between The Bell
Telephone Company of Canada and La Compagnie de Telephone de
St. Theodore.
100
97447 Mar. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Ostrander, Ont., Mileage 11.94 Port
Burwell Subd.
97448 Mar. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at St. Martin, P.Q., Mileage 12.08 Park
Ave. Subd.
97449 Mar. 26 — Extending the time limit within which the C.N.R. are required to
install automatic protection at the crossing of their railway and Point
Tupper Road, N.S., Mileage 13.11 Sydney Subd.
97450 Mar. 26 — Authorizing the Quebec Dept. of Roads to widen the highway where
it crosses the C.P.R. in the Munic. of Messines, Twp. of Bouchette,
Co. Gatineau, Mileage 70.6 Maniwaki Subd.
97451 Mar. 26 — Rescinding Order No. 69541 which authorized the relocation and
construction of a subway for Hwy. No. 15 at Bell's Corners, Nepean
Township, under the C.P.R. at Mileage 11.6 Careton Place Subd., Ont.
97452 Mar. 26 — Approving proposed liquefied gas storage facilities of Superior
Propane Limited at Thetford Mines, P.Q.
97453 Mar. 26 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 17 over the C.P.R. in the Twp. of Dorion, Ont., Mileage 89.95
Nipigon Subd., by means of an overhead bridge.
97454 Mar. 26 — Authorizing the City of Kitchener to reconstruct the existing over-
head bridge over the C.N.R. at Margaret Ave., Kitchener, Ont.,
Mileage 62.44 Brampton Subd.
97455 Mar. 26 — Authorizing the Munic. of Metropolitan Toronto to construct a sub-
way at the crossing of Lawrence Ave. West and the C.P.R. at
Mileage 3.63 MacTier Subd.
97456 Mar. 26 — Authorizing the C.P.R. to remove the station shelter located in the
Nipissing Indian Reserve Area, Beaucage, Ont.
97457 Mar. 26 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Commissioners for the
Telephone System of the Munic. of the Township of South Monaghan.
97458 Mar. 26 — Authorizing the Ontario Department of Highways to construct High-
way No. 401 over the C.N.R. at Mileage 9.36 Drumbo Subd., Co. of
Oxford, Ont.
97459 Mar. 26 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
97460 Mar. 26 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
97461 Mar. 26 — Authorizing the C.N.R. to remove the caretaker at Allenford, Ontario.
97462 Mar. 26 — Authorizing the C.P.R. to use and operate the north end of the
bridge over Little Bow River, Alta., Mileage 30.4 Aldersyde Subd.
97463 Mar. 26 — In the matter of the moving of the traffic light signals authorized
to be installed by Order 93611, at the crossing of the C.N.R. and
Dewdney Ave., in the City of Regina, Sask.
97464 Mar. 26 — Authorizing the removal of the speed limitation at the crossing of
the N.Y.C. Railroad Co. and Graham Road in West Lome, Ont.
97465 Mar. 26 — Approving Supplements 1, 2 and 3 between The Bell Telephone
Company of Canada and the Falkirk Telephone System.
97466 Mar. 26 — Approving Traffic Agreement and Service Station applications
between The Bell Telephone Company of Canada and the Falkirk
Community Telephone Company Limited.
97467 Mar. 31 — Authorizing the C.N.R. and C.P.R. to operate over the siding of The
Toronto Harbour Commissioners to serve the Commissioners' Marine
Terminal No. 15, in Toronto, Ont.
97468 Mar. 31 — Authorizing the City of Toronto to construct a subway at the cross-
ing of Symington Ave. and the C.P.R. in Toronto, Ont., Mileage 5.41
North Toronto Subd.
97469 Mar. 31 — Authorizing the C.N.R. to discontinue operation of their passenger
Trains 47 and 48 between Winnipeg and Russell, Man.
101
97470 Apr. 1 — Authorizing the Twp. of Scarborough to construct a temporary
pedestrian crossing by means of an overhead bridge over the C.N.R.
at approx. 140 feet northeast of Birchmount Road, Twp. of Scar-
borough, Ont.
97471 Apr. 2 — Amending Order 94305 which authorized the Quebec Dept. of
Highways to reconstruct the tunnel at the intersection of Highway
No. 38 and the C.N.R. tracks in the Parish of Ste. Dorothee, Co.
Laval, P.Q., Mileage 7.77 Montford Subd.
97472 Apr. 2 — Approving proposed flammable liquid bulk storage facilities of North
Star Oil Limited at Drumheller, Alta.
97473 Apr. 2 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Champion, Alberta.
97474 Apr. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 89.36 Chipman Subd., N.B.
97475 Apr. 2 — Approving the proposed flammable liquid bulk storage facilities of
The British American Oil Company Limited, at Kerrobert, Sask.
97476 Apr. 2 — Approving clearances on the trackage of the C.N.R. on the Centennial
Pier of the National Harbours Board at Vancouver, B.C.
97477 Apr. 2 — Authorizing the C.P.R. to remove the station agent at Spring Coulee,
Alta., provided a caretaker is appointed.
97478 Apr. 2 — Dismissing application of the C.N.R. for authority to remove the
station agent at Minto, Man.
97479 Apr. 2 — Authorizing the Producers Pipe Lines Limited to construct a 4i"
pipe line over the pipe line of the Westspur Pipe Line Company in
the SEi Sec. 1-4-5-W2M., Sask.
97480 Apr. 2 — Authorizing The Bell Telephone Company of Canada to construct
an underground conduit for telephone cables over the pipe line of
Trans-Northern Pipe Line Company at Windermere cut-off in the
City of Hamilton, Ont.
97481 Apr. 2 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Kimberley, B.C.
97482 Apr. 2 — Authorizing the C.N.R. to reconstruct their bridge over Wilkinson
Road in the District of Saanich, B.C., Mileage 3.6 Cowichan Subd.
97483 Apr. 2 — Approving application of The London & Port Stanley Railway for
approval of clearances on the siding serving the Westminster
Hospital in the City of London, Ont.
97484 Apr. 2 — Approving application of the Town of Montreal East, P.Q., for the
synchronization of traffic light signals at the intersection of Sher-
brooke St. and Dobell Avenue with the highway crossing signals at
crossing of the C.N.R. 's Dobell spur and Sherbrooke St. in the Town
of Montreal East, P.Q.
97485 Apr. 2 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Thompson, Man.
97486 Apr. 2 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 10 and the C.N.R. at second public crossing west of
station at Rosedale, Man., Mileage 57.2 Drumheller Subd.
97487 Apr. 2 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Prov. Highway No. 9B in the Province of P.Q., Mileage
45.98 Rouses Point Subd.
97488 Apr. 2 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 4 and the C.N.R. at first crossing south of
station at Neepawa, Man., Mileage 32.95 Neepawa Subd.
97489 Apr. 2 — Authorizing the Alberta Dept. of Highways to construct Highway
No. 21-A-l over the C.P.R. in the SW£ Sec. 19, Twp. 29, Rge. 23,
W.4M., Alta., by means of an overhead bridge.
97490 Apr. 2 — Approving revisions to tariffs filed by the British Columbia Tele-
phone Company.
97491 Apr. 2 — Amending Order No. 94200 which authorized the Ontario Dept.
of Highways to construct Highway No. 51 over the C.P.R. by means
of an overhead bridge, near Caledon, Ont., Mileage 27.31 Orange-
ville Subd.
102
97492 Apr. 2 — Authorizing the C.P.R. to remove the caretaker-Agent and appoint a
caretaker at Leonard, Ont.
97493 Apr. 2 — Authorizing the Parish of Notre-Dame de Portneuf, P.Q., to widen
the highway where it crosses the C.P.R. at Mileage 123.4 Quebec
Subd.
97494 Apr. 2 — Authorizing the C.N.R. to remove the station agent at Lewvan, Sask.,
provided a caretaker is appointed.
97495 Apr. 2 — Authorizing the Trans-Northern Pipe Line Company to relocate its
company pipe line in the City of Hamilton, Ont., as shown on plan,
and to carry its pipe line over and under Woodward Ave. and the
12" concrete sewer pipe of the City.
97496 Apr. 2 — Authorizing the Trans-Northern Pipe Line Company to relocate its
company pipe line in the City of Hamilton, Ont., as shown on plan,
and to carry its pipe line over and under Parkdale Ave. and the
Fina pipe line, and the concrete box sewer of the City.
97497 Apr. 2 — In the matter of application of the C.P.R. under Section 156 of the
Railway Act, re agreement between it and certain other railways
in connection with joint use of passenger station at Brockville, Ont.
97498 Apr. 2 — In the matter of application of the C.P.R. under Section 156 of the
Railway Act, re agreement between it and certain other railways in
connection with joint use of passenger station at Brockville, Ont.
97499 Apr. 2 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Lievre Valley Telephone
Company.
97500 Apr. 2 — Authorizing the Manitoba Dept. of Public Works to construct the
highway over the C.N.R. at Mileage 67.98 Sprague Subd., Man.
97501 Apr. 2 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Merritt, B.C.
97502 Apr. 3 — Approving joint application of the C.P.R. and B.C. Electric Rly. Co.
for authority to install signals of the flashing light type with warn-
ing bell in lieu of the existing signals at crossing of the C.P.R.
operated by the B.C. Electric Rly. and 70th Ave. (Marine Drive)
in the City of Vancouver, B.C.
97503 Apr. 3 — Approving joint application of the C.P.R. and the B.C. Electric Rly.
Co. to install signals of the flashing light type with warning bell in
lieu of the existing protection at crossing of the C.P.R. operated by
the B.C. Electric Rly. Co. and Burrard St., Vancouver, B.C.
97504 Apr. 3 — Approving tariffs filed by the C.P.R. under Section 8 of The Mari-
time Freight Rates Act.
97505 Apr. 3 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Togo, Sask.
97506 Apr. 3 — Approving application of the Quebec Dept. of Roads for the installa-
tion of automatic protection at the crossing of the C.P.R. and Lake
St. Joseph Road, in the Munic. of the Parish of St. Augustine-de-
Desmaures, P.Q., Mileage 145.21 Quebec Subd.
97507 Apr. 3 — Authorizing the C.P.R. to construct a siding to serve the British
Columbia Cooperative Wholesale Society across the Highway at
Mileage 9.77 Rossland Subd., B.C.
97508 Apr. 3 — Authorizing the Sask. Dept. of Highways and Transportation to
construct Highway No. 58 over the C.P.R. at Mileage 27.18 Shaunavon
Subd.
97509 Apr. 3 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Roblin, Man.
97510 Apr. 3 — Approving application of Scott Misener Steamships Limited for a
Licence under Section 10 of the Transport Act.
97511 Apr. 3 — Authorizing the Alberta Dept. of Highways to relocate the crossing
of the highway and the C.N.R. at Mileage 90.96 Brazeau Extension.
97512 Apr. 3 — Approving tariffs and supplements to tariffs filed by the C.P.R. under
provisions of the Maritime Freight Rates Act.
97513 Apr. 3— Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
97514 Apr. 3 — Authorizing the C.N.R. to remove the caretaker at Goodwood, Ont.
103
97515 Apr. 6 — Authorizing the removal of the speed limitation at the crossing of
De L'Eglise St. and the C.N.R., being the first crossing north of
station at Desbiens, P.Q., Mileage 70.08 Joniquere Subd.
97516 Apr. 6 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Tache St., being first crossing west of station at St.
Pascal, P.Q., Mileage 25.49 Montmagny Subd.
97517 Apr. 6 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Laurier St., being the first public crossing east of
station at Levis, P.Q., Mileage 114.78 Montmagny Subd.
97518 Apr. 6 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Walker's Line
Road, Mileage 29.53 Oakville Subd.
97519 Apr. 6 — Authorizing the Town of Burlington to construct a sanitary sewer
across and under the pipe line of Trans-Northern Pipe Line Company
at Seneca Ave., Burlington, Ont.
97520 Apr. 6 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97521 Apr. 6 — Authorizing the C.N.R. to reconstruct their bridge over the Quisibis
River, N.B.
97522 Apr. 6 — Extending the time within which the C.N.R. and C.P.R. are required
to install automatic protection at the crossings of their railways
and Pleasant Park Road in the City of Ottawa, Ontario, Mileage 2.14
Beachburg Subd.
97523 Apr. 6 — Authorizing the C.N.R. to remove the station agent at Leyland, Alta.,
and appoint a caretaker.
97524 Apr. 6 — Authorizing Westcoast Transmission Company Limited to construct
two pipe lines over the Peace River in Section 25, Twp. 32, Rge. 18,
West 6th M., B.C.
97525 Apr. 6 — Approving application of the C.P.R. for leave to render the swing
span fixed at the bridge over the Musquash River Mouth, N.B.,
Mileage 14.38 Shore Line Subd.
97526 Apr. 13 — Extending the time within which the C.N.R. and C.P.R. are required
to install automatic protection at the crossings of their railways and
Billings Ave., in the City of Ottawa, Mileage 2.06 Beachburg Subd.
of C.N.R. and Mileage 2.09 Sussex St. Subd. of the C.P.R.
97527 Apr. 6 — Authorizing the Northern Alberta Rlys. Co. to reconstruct its bridge
at Mileage 190.4 Slave Lake Subd., Alta.
97528 Apr. 6 — Approving Standard Passenger fare of the C.P.R. filed under sections
14 and 18 of the Transport Act.
97529 Apr. 6 — Authorizing the County of Halton to improve the approach grades
at the crossing of County Road No. 3 and the C.N.R. at Mileage
30.83 Brampton Subd.
97530 Apr. 6 — Approving tolls published in tariffs filed by the Canadian Freight
Association under the Maritime Freight Rates Act.
97531 Apr. 6 — Approving proposed liquefied petroleum gas storage facilities of
Canadian Propane (Manitoba) Limited, at The Pas, Man.
97532 Apr. 7 — Rescinding Order 84375 which approved the use of the Uniform
Code of Operating Rules on the C.N.R. Montmorency Subd.
97533 Apr. 7 — Approving revised Appendix "A" and Supplement No. 3 to Traffic
Agreement between The Bell Telephone Company of Canada and
The Addison Rural Independent Telephone Co. Ltd.
97534 Apr. 7 — Authorizing the Munic. District of Strathcona No. 83 to widen the
highway where it crosses the pipe line of Interprovincial Pipe Line
Company in the NW| 21-52-23-W4M., Alta.
97535 Apr. 7 — Approving location of the C.N.R. freight and passenger shelter
proposed to be erected at Calahoo, Alta.
97536 Apr. 7 — In the matter of the application of the C.N.R. for authority to dis-
continue operation of their passenger trains Nos. 17 and 18, between
Winnipeg and Virden, Man.
97537 Apr. 7 — Authorizing the removal of the speed limitation at the crossing of
Route 45 and the C.N.R. at the second crossing east of the station at
Landrienne, P.Q., Mileage 33.82 Amos Subd.
104
97538 Apr.
97539 Apr.
97540 Apr.
97541 Apr.
97542 Apr.
97543 Apr.
97544 Apr.
97545 Apr.
7 — Authorizing the City of Brantford, Ont., to relocate Leonard St.
across The Lake Erie and Northern Railway Company in the City
of Brantford, Ont., Mileage 20.17.
7 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Francois Lake Road, at Burns Lake, B.C., Mileage
34.78 Telkwa Subd.
7 — Authorizing The Bell Telephone Company of Canada to construct
conduits across the pipe line of the Trans Northern Pipe Line
Company in the City of Hamilton, Ont.
7 — Authorizing the Corp. of the District of Matsqui to construct a
water main over the pipe line of Trans Mountain Oil Pipe Line
Company in the Abbotsford-Mission Highway in District Lot 201,
District of Matsqui, B.C.
7 — Authorizing the removal of the speed limitation at the crossing of
Brock Ave. (formerly Brant St.) and the C.N.R. in Burlington, Ont.
7 — Authorizing the Rural Munic. of West Kildonan to construct a
pedestrian crossing over the C.P.R. at McAdam Ave., Mileage 1.93
Winnipeg Beach Subd., Man.
7 — Authorizing the removal of the speed limitation at the crossing of
Stavebank Road and the C.N.R. in Port Credit, Ont., Mileage 13.11
Oakville Subd.
7 — Authorizing the C.P.R. to operate over the twin vertical lift bridge
at Mileage 41.36 Adirondack Subd., P.Q.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
i
&fje $oarb of
JCran^ort Commtotcmer* for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA. MAY 15. 1959 No. 4
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Den>rtme
+ J UN 2 195a
ORDER No. 97633 ^\Jfo/t r.^V.
In the matter of Order No. 97510, dated April 3, 1959^g^^ng^^nce No.
C.T.C. (W.T.) 355 to Scott Misener Steamships Uh^\pe€ (formerly
Colonial Steamships Limited) under section 10 of the Transport Act:
File No. 42076.16
Wednesday, the 15th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Order No. 97510, dated April 3, 1959, is amended by striking out the
words "as far seaward as Prescott, Ontario:" in paragraph numbered 1 of the
said Order and substituting therefor the following:
as far seaward as the west end of the Island of Orleans:
ROD KERR,
Chief Commissioner.
105
70504-6—1
106
ORDER No. 97647
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076.4.5
Thursday, the 16th day of April, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) No. 358 is issued to Canada Steamship Lines
Limited, for a period of one year commencing January 15, 1959, licensing the
following ships to transport the goods specified herein in the areas designated
herein with respect to each ship:
1. To transport motor vehicles, including passenger cars, trucks and other
self-propelled vehicles, in deck loads, on Lakes Ontario, Erie, Huron (including
Georgian Bay), and Lake Superior, and their connecting waters, including the
St. Lawrence River and its tributaries as far seaward as Prescott, Ontario.
Official Gross
Vessel Name Registry No. Tonnage
Ashcroft 152641 7726
Donnacona 134015 8611
Georgian Bay 176116 11392
Hagarty 134250 7462
Lemoyne 152647 10480
Hochelaga 190470 11997
2. To transport pipe; also to transport motor vehicles, including passenger
cars, trucks and other self-propelled vehicles, in deck loads, on Lakes Ontario,
Erie, Huron (including Georgian Bay), and Lake Superior, and their connecting
waters, including the St. Lawrence River and its tributaries as far seaward as
Prescott, Ontario.
Official Gross
Vessel Name Registry No. Tonnage
Coverdale 190493 11996
3. To transport pipe on Lakes Ontario, Erie, Huron (including Georgian
Bay), and Lake Superior, and their connecting waters, including the St.
Lawrence River and its tributaries as far seaward as the west end of the
Island of Orleans.
Official Gross
Vessel Name Registry No. Tonnage
Collier 147662 1858
H. H. GRIFFIN,
Assistant Chief Commissioner.
107
ORDER No. 97664
In the matter of the application of Yankcanuck Steamships Limited, under
section 18 of the Transport Act, for approval of its Standard Mileage
Freight Tariff C.T.C. No. 291, on file with the Board under file No.
42082.39:
Friday, the 17th day of April, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The said Standard Mileage Freight Tariff C.T.C. No. 291, on file with the
Board under file No. 42082.39, is approved, subject to complaint and investiga-
tion and determination as to rates or charges, as provided by the Transport Act.
H. H. GRIFFIN,
Assistant Chief Commissioner.
ORDER No. 97679
In the matter of the application of the Northern Transportation Company
Limited, under section 21 of the Transport Act, for approval of Standard
Freight Tariff C.T.C. No. 3, on file with the Board under file No.
42082.32:
Tuesday, the 21st day of April, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The said Standard Freight Tariff C.T.C. No. 3, on file with the Board under
file No. 42082.32, is approved effective May 1, 1959, subject to complaint, and
investigation and determination as to rates or charges, as provided by the
Transport Act.
H. H. GRIFFIN,
Assistant Chief Commissioner.
70504-6— 1£
108
ORDER No. 97714
In the matter of the application of the British American Pipeline Company,
hereinafter called the "Applicant", under sections 11 and 12 of The Pipe
Lines Act, for an Order granting the Applicant leave to construct a pipe
line, consisting of one or more lines of pipe, for the transportation of oil
from a point in Section 7, in Township 77, Range 13, West 6th Meridian,
in the Province of British Columbia, approximately one-half mile West
of the British Columbia- Alberta boundary to a point in Section 8,
Township 77, Range 13, West 6th Meridian, in the Province of Alberta,
approximately one-half mile East of the Alberta- British Columbia
boundary, as shown on Location Plan No. 466, dated April 21, 1959, the
said line being approximately one mile in length:
File No. 45371.48
Thursday, the 23rd day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon considering the application and the submissions of Counsel for the
Applicant —
It is hereby ordered as follows:
1. The application will be heard on the 26th day of May, 1959, at the
hour of ten o'clock in the forenoon, in the Court Room in the Union Station
Building in the City of Ottawa, Ontario.
2. The Applicant shall file a copy of the application and map filed there-
with and a copy of this Order and notice attached hereto, with the Attorney
General of British Columbia, the Attorney General of Alberta, the Minister
of Trade and Commerce, Ottawa, the Minister of Public Works, Ottawa, and
the Minister of Transport, Ottawa, not later than the 30th day of April, 1959.
3. The Applicant shall cause to be inserted not later than the 1st day of
May, 1959, a notice in the form hereto attached in two issues of a newspaper
published in Dawson Creek, British Columbia.
ROD KERR,
Chief Commissioner.
BRITISH AMERICAN PIPELINE COMPANY
Notice is hereby given that an application has been made to the Board of
Transport Commissioners for Canada under sections 11 and 12 of The Pipe
Lines Act for an Order granting British American Pipeline Company leave to
construct a pipe line, consisting of one or more lines of pipe, for the trans-
portation of oil from a point in Section 7, Township 77, Range 13, West 6th
Meridian, in the Province of British Columbia, approximately one-half mile
West of the British Columbia-Alberta boundary to a point in Section 8, Town-
ship 77, Range 13, West 6th Meridian, in the Province of Alberta, as shown on
Location Plan No. 466, dated April 21, 1959, the said line being approximately
one mile in length.
And further notice is hereby given that the said application will be heard
at a sitting of the Board of Transport Commissioners for Canada to be held
109
in the Court Room in the Union Station Building in the City of Ottawa, in
the Province of Ontario, on the 26th day of May, 1959, at ten o'clock in the
forenoon.
And further notice is hereby given that a map showing the location of the
proposed pipe line has been filed with the Secretary of the Board of Transport
Commissioners for Canada and the Attorneys General of the Provinces of
British Columbia and Alberta.
BRITISH AMERICAN PIPELINE COMPANY
By:
ORDER No. 97719
In the matter of the application of the City of Shawinigan Falls, in the Province
of Quebec, for an Order authorizing the widening of the overhead bridge
at the intersection of St. Marc Street and the Canadian National Railways
in the City of Shawinigan Falls, Province of Quebec, at mileage 27.01
Grand'Mere Subdivision, as shown on Plan No. 303, dated September 4,
1953, on file with the Board under file No. 35462.4:
Thursday, the 23rd day of April, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sittings of the Board in Shawinigan
Falls, P.Q., in the presence of Counsel for the City of Shawinigan Falls, the
Canadian National Railways and The Bell Telephone Company of Canada;
and upon reading the submissions filed —
It is hereby ordered as follows:
1. The City of Shawinigan Falls, in the Province of Quebec, is authorized
to reconstruct and widen the overhead bridge at the intersection of St. Marc
Street and the Canadian National Railways in the City of Shawinigan Falls,
Province of Quebec, at mileage 27.01 Grand'Mere Subdivision, as shown on
the said plan on file with the Board under file No. 35462.4.
2. The said overhead bridge shall be reconstructed and widened in
accordance with the requirements of General Order No. 589, and detailed plans
of the structure shall be submitted for the approval of an Engineer of the
Board.
3. Fifty per cent of the cost of reconstructing and widening the said
overhead bridge, not exceeding, however, the sum of $117,500.00, shall be paid
out of The Railway Grade Crossing Fund, $10,000.00 shall be paid by the
Canadian National Railways, and the balance of the said cost, as well as the
cost of future maintenance of the entire overhead bridge, shall be borne and
paid by the City of Shawinigan Falls.
4. The Bell Telephone Company of Canada shall remove, relocate or
protect, as the case may be, its existing facilities to permit the reconstruction
and widening of the said overhead bridge.
5. Fifty per cent of the cost of removing, relocating or protecting the said
utilities, not exceeding, however, the sum of $200.00, shall be paid out of
The Railway Grade Crossing Fund, and the balance of the said costs shall be
borne and paid by The Bell Telephone Company of Canada.
H. H. GRIFFIN,
Assistant Chief Commissioner.
110
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
FEBRUARY, 1959.
Railway Accidents 173 Killed 8 Injured 178
Level Crossing Accidents ... 57 Killed 14 Injured 74
Total 230 22 252
Killed Injured
Passengers — 20
Employees 4 152
Others 18 80
Total 22 252
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Nova Scotia
Killed Injured
— 1 Automobile ran into side of train. Licence: N.S. 2-34-11.
New Brunswick
— 1 Automobile ran into side of train. Licence: N.B. 83-387.
Quebec
— 1 Auto truck struck by train. Licence: Que. N-27054.
— 1 Automobile ran into side of train. Licence: Que. 499-726.
— 2 Automobile struck by train. Licence: Que. 406-671.
— 2 Automobile struck by train. Licence: Que. 162-039.
1 — Auto truck struck by train. Licence: Que. FE-5542.
— 1 Automobile struck by train. Licence: Que. T-18720.
— 1 Auto truck struck by train. Licence: Que. L-10808.
— 1 Snowblower struck by train. Licence: Que. G-8840.
1 — Pedestrian struck by train.
1 — Automobile struck by train. Licence: Que. 504-192.
— 1 Pedestrian struck by train.
1 — Tractor trailer ran into side of train derailing same. Licence: Que. L-179.
— 2 Automobile ran into side of train. Licence: Que. T-14333.
2 1 Auto truck struck by R.D. Car. Licence: Ont. 387-37-C.
— 2 Auto truck struck by train. Licence: Que. FE-8957.
— 1 Auto truck struck by train. Licence: Que. N-13914.
Ontario
— 1 Automobile ran into side of train. Licence: Ont. 586-373.
— 1 Automobile struck by train. Licence: Ont. H-18351.
1 — Automobile ran into side of train. Licence: Ont. 967-187.
— 1 Automobile ran into side of train. Licence: Ont. 940-067.
— 2 Automobile struck by train. Licence: Ont. 196-057.
— 2 Automobile struck by train. Licence: Ont. J-491-70.
— 1 Automobile struck by train. Licence: Ont. B-61952.
1 — Auto truck struck by train. Licence: Ont. 62-865-A.
— 1 Track motor car struck automobile. Licence: Ont. F-51683.
1 2 Automobile ran into side of train. Licence: Ont. F-20552.
— 1 Automobile struck by train. Licence: Ont. 15-885-X.
— 1 Auto truck ran into side of train. Licence not given.
Ill
Killed Injured
— 2 Automobile ran into side of train. Licence: Ont. J-45762.
— 1 Automobile struck by train. Licence Ont. 905-799.
1 — Automobile struck by train. Licence not given.
— 1 Auto truck struck by train. Licence: Ont. 36-83B.
— 1 Automobile struck by train. Licence: Ont. J-60471.
— 1 Automobile ran into side of train. Licence: Ont. 619-875.
— 5 Tractor trailer struck by train. Licence: Ont. 14587-A.
— 1 Automobile struck by train. Licence: Ont. F-87819.
— 2 Automobile ran into side of train. Licence: Ont. J-57996.
— 1 Automobile ran into side of train. Licence not given.
— 1 Automobile struck by train. Licence: Ont. 654-254.
— 7 School Bus ran into side of train. Licence: Ont. 22155-B.
— 1 Automobile struck by train. Licence: Mich. DR-9469.
Manitoba
2 Auto truck struck by train. Licence: Man. F-65921.
1 Auto truck ran into side of train. Licence: Man. T-11070.
1 Auto truck ran into side of train. Licence: Man. T-9958.
Saskatchewan
1 — Auto truck ran into side of train. Licence: Sask. E-760.
— 1 Auto truck struck by train. Licence: Sask. D-705.
Alberta
- 2 Auto truck struck by train. Licence: Alta. CV-61499.
1 1 Automobile struck by train. Licence: Alta. KT-311.
1 2 Automobile struck by train. Licence: Alta. ZV-767.
- 2 Automobile ran into side of train. Licence: Alta. ZC-240.
- 2 Auto truck ran into side of R.D. unit. Licence: Alta. 230-414.
- 1 Automobile struck by train. Licence: Alta. NZ-861.
1 1 Automobile struck by train. Licence: Alta. VF-722.
British
1 Automobile struck by train.
2 Automobile ran into side of
Columbia
Licence: B.C. 369-767.
train. Licence: B.C. 269-634.
Of the 57 accidents at highway crossings, 41 occurred at unprotected crossings,
16 at protected crossings, 41 occurred after sunrise and 16 after sunset.
Ottawa, Ontario, April 17, 1959.
112
SUMMARY OF ORDERS ISSUED BY THE BOARD
97563
97564
97565
97566
97567
97568
97569
Apr.
Apr.
Apr.
Apr.
Apr.
Apr.
Apr.
97546 Apr.
97547 Apr.
97548 Apr.
97549 Apr.
97550 Apr.
97551 Apr.
97552 Apr.
97553 Apr.
97554 Apr.
97555 Apr.
97556 Apr.
97557 Apr.
97558 Apr. 9
97559 Apr.
97560 Apr.
97561 Apr.
97562 Apr.
97570 Apr.
8 — Authorizing the City of Edmonton to widen 82nd Street where it
crosses the C.N.R.'s Calder Line in the City of Edmonton, Mileage
1.17 Edmonton Terminal Subd.
8 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and 8th Avenue, in the City of Pointe aux Trembles,
P.Q., Mileage 2.90 Longue Pointe Subd.
8 — Approving revised Schedule "B" to Agreement between The Bell
Telephone Company of Canada and Canadian Overseas Telecom-
munication Corporation.
8 — Authorizing the C.P.R. to remove the caretaker at Rokeby Station,
Sask.
8 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
8 — Authorizing the City of Montreal to construct Victoria Avenue over
the C.P.R. by means of a subway, in the City of Montreal.
8 — Authorizing The Toronto Harbour Commissioners to relocate and
rearrange its trackage along Queen's Quay West and across Spadina
Avenue and Rees Street, in the City of Toronto, Ont.
8 — Authorizing the C.P.R. to remove the station agent at Stanraer,
Sask., and appoint a caretaker.
8 — Authorizing the C.N.R. to remove the caretaker at Summerstown,
Ont.
8 — Authorizing the City of Winnipeg to widen Nairn Avenue where it
crosses the C.P.R. in the City of Winnipeg, Man.
8 — Authorizing the Quebec North Shore and Labrador Railway Com-
pany to construct its railway across the highway at Mileage 356.85,
in the Province of P.Q.
9 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 1A, near Colwood, B.C., Mileage
7.4 Cowichan Subd.
Requiring the C.N.R. to install improved protection at the crossing of
Bayview Avenue and their railway in Thornlea, Ont., Mileage 16.9
Bala Subd.
9 — Rescinding Order No. 69961 which approved the location of facilities
near Regina, Sask., Mileage 92.3 Qu'Appelle Subd., C.N.R.
9 — Approving tariffs filed by British Columbia Telephone Company.
9 — Approving location and details of freight and passenger shelter
proposed to be erected by the C.N.R. at Loos, B.C.
9 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and the highway west of Vars, Ont., Mileage 117.94
Alexandria Subd.
9 — Approving proposed Class II flammable liquid bulk storage facilities
of the Dominion Rubber Company Limited at Montreal, P.Q.
9 — Approving proposed flammable liquid bulk storage facilities of Husky
Oil and Refining Limited at Brandon, Man.
9 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at LaFleche, Sask.
9 — Approving flammable liquid bulk storage facilities of Canadian Oil
Companies Limited at Sudbury, Ont.
9 — Approving flammable liquid bulk storage facilities of Shell Oil
Company of Canada Limited at Windsor, Ont.
9 — Approving proposed flammable liquid bulk storage facilities of the
C.N.R. at Bathurst, N.B.
9 — Rescinding Orders 87788 and 88678 which approved the location of
facilities of Winnipeg Light Aggregate Limited near the tracks of
the C.N.R. at Trancona, Man.
9 — Approving flammable liquid storage facilities of North Star Oil
Limited at Irvine, Alta.
113
97571 Apr. 10 — Postponing the hearing of the application of the Railway Association
of Canada for authority to make increases in their tolls or rates
for the carriage of freight traffic on their lines in Canada, and in
particular in the matter of the final relief therein requested.
97572 Apr. 10 — Authorizing the Quebec Dept. of Roads to widen the highway over
the track of the C.P.R. in the Village of Messines, P.Q., Mileage 70.2
Maniwaki Subd.
97573 Apr. 10 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 9 and the C.N.R. at second public crossing east of
Bon Conseil, P.Q., Mileage 89.35 Drummondville Subd.
97574 Apr. 10 — Authorizing the Twp. of North York to construct a 10" sewer main
over and under the pipe line of Trans-Northern Pipe Line Company
at Sheppard Ave., west of Leslie St., opposite Lot 16, Con. 2, east
of Yonge St., Twp. of North York, Ont.
97575 Apr. 10 — Authorizing the C.N.R. to reconstruct the bridge over the Tartague
River, N.B., Mileage 83.5 Matapedia Subd.
97576 Apr. 10 — Authorizing the Manitoba Dept. of Public Works to construct North
Perimeter Highway over the C.P.R. in Lots 9-19 and 11, in the
Parish of St. Pauls, Man.
97577 Apr. 10 — Authorizing the Texaco Exploration Company to construct two 2"
flow lines over and under the pipe line of Westspur Pipe Line
Company in the SE| Sec. 29-4-6-W.2M., Sask.
97578 Apr. 10 — Authorizing the C.P.R. to construct an extension to its siding across
Stephens St., Portage La Prairie, Man., Mileage 54.55 Carberry Subd.
97579 Apr. 10 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Rly. Co. under section 8 of the Maritime Freight Rates Act.
97580 Apr. 10 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Railway Company under section 8 of the Maritime Freight
Rates Act.
97581 Apr. 10 — Authorizing the C.N.R. to construct two tracks across Horner
Avenue, Twp. of Etobicoke, Ont., Mileage 7.77 Oakville Subd.
97582 Apr. 10 — Amending Order 97458 which authorized the Ontario Dept. of
Highways to construct Hwy. No. 401 over the C.N.R. by means of
an overhead bridge at Mileage 9.36 Drumbo Subd.
97583 Apr. 10 — Authorizing the C.N.R. to operate under the overhead bridge at
14th Ave., Lachine, P.Q.
97584 Apr. 10 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Glendale Ave. (St. Davids Road) Town of Merritton,
Ont., Mileage 7.59 Thorold Subd.
97585 Apr. 10 — Authorizing the C.P.R. to construct an extension to siding across the
road allowance in Poplar Point, Man., at Mileage 39.94 Carberry
Subd.
97586 Apr. 10 — Rescinding certain Orders in the matter of protection at the crossing
of The Essex Terminal Rly. and Tecumseh Road near Crawford
Ave., in the City of Windsor, Ont.
97587 Apr. 10 — Authorizing the C.P.R. to remove the caretaker at Worthington, Ont.
97588 Apr. 10 — Authorizing the C.N.R. to reconstruct the bridge over the Little du
Chene River, P.Q., at Mileage 52.4 Drummondville Subd.
97589 Apr. 10 — Approving tolls published in tariffs filed by the Cumberland Railway
& Coal Company under section 8 of the Maritime Freight Rates Act.
97590 Apr. 10 — Approving tolls published in tariffs filed by the Cumberland Railway
& Coal Company under section 8 of the Maritime Freight Rates Act.
97591 Apr. 10— Amending Order 92930 which authorized the C.N.R. to install auto-
matic protection at the crossing of their railway and Dorchester
Road at Stamford, Ont., Mileage 2.61 Welland Subd.
97592 Apr. 10— Rescinding Orders 44739 and 83817 which pertained to the crossing
of the Montreal Tramways Co. and Jenkins Valve Company siding,
near Mileage 6.04 Cornwall Subd., P.Q.
97593 Apr. 10 — Amending Order No. 96756 which authorized the installation of
automatic protection at crossing of E. C. Row Avenue and the
C.P.R., Third Concession Road, Twp. of Sandwich East, Ont.
114
97594 Apr. 10 — Amending Order 95846 in the matter of the installation of automatic
protection at crossing of the C.N.R. and Main Street in Alexandria,
Ont., Mileage 80.15 Alexandria Subd.
97595 Apr. 10 — Requiring the N.Y.C. Railroad Company to install automatic pro-
tection at the crossing of its railway and Lake Street in the Town
of Huntingdon, P.Q.
97596 Apr. 10 — Authorizing Fargo Oils Limited to construct a pipe line across and
under the pipe line of Westcoast Transmission Company Limited
at certain locations in the Peace River District of B.C.
97597 Apr. 10 — Extending the time within which the temporary crossings shall
remain in existence at crossings of the North Thompson Hwy. and
the C.N.R., Mileages 112.64 and 112.72 Clearwater Subd., B.C.
97598 Apr. 10 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under section 8 of the Maritime Freight Rates
Act.
97599 Apr. 10— In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor
Subway Company and Detroit & Canada Tunnel Corp., in respect
of the tunnel between the City of Windsor, Ont. and the City of
Detroit, Mich.
97600 Apr. 13 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Argentia, Newfoundland.
97601 Apr. 13 — Requiring the C.P.Jl. to install automatic protection at the crossing
of the Quebec Central Railway and St. Patrick Road in the Parish
of St. Lambert, P.Q., Mileage 120.57 Quebec Subd.
97602 Apr. 13 — Approving tolls published in tariffs filed by the Canada and
Gulf Terminal Rly. Co. under section 8 of the Maritime Freight
Rates Act.
97603 Apr. 13 — Approving tolls published in tariffs filed by the Sydney and
Louisburg Railway Company under section 8 of the Maritime Freight
Rates Act.
97604 Apr. 13 — Approving tolls published in tariffs filed by the Cumberland Railway
and Coal Company under section 8 of the Maritime Freight Rates
Act.
97605 Apr. 13 — Approving proposed flammable liquid bulk storage facilities of Shell
Oil Company of Canada Limited at London, Ontario.
97606 Apr. 13 — Approving revisions to tariffs filed by the Quebec North Shore and
Labrador Railway Company.
97607 Apr. 13 — Authorizing the C.P.R. to remove the station agent at Marquette,
Man.
97608 Apr. 13 — Approving location of liquefied petroleum gas fired switch heater
installation at Mileage 82.6 Saint John Subd., as shown in C.P.R.
plan.
97609 Apr. 13 — Approving liquefied petroleum gas storage facilities of Canadian
Propane (Saskatchewan) Limited at Yorkton, Sask.
97610 Apr. 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Provincial Highway No. 7 (York Road) in the City
of Guelph, Ont.
97611 Apr. 13 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Division Street, Kingston, Ont., Mileage 173.89 Gananoque
Subd.
97612 Apr. 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway at Corwhin, Ont., Mileage 23.28
Goderich Subd.
97613 Apr. 13 — In the matter of regulations for the "Transportation of Dangerous
Commodities by Rail".
97614 Apr. 13 — Authorizing the Saskatchewan Power Corporation to construct a
pipe line over and under the pipe line of the Trans-Canada Pipe
Lines Limited at certain locations in the Province of Saskatchewan.
97615 Apr. 13 — Authorizing the Township of Atikokan to construct McKenzie
Avenue over the right of way of the east and west legs of the
wye tracks of the C.N.R. in the vicinity of Mileage 140.87 Kashabowie
Subd., Ont.
115
97616 Apr. 13 — Rescinding Order 82419 which approved the location of connecting
pipe line and truck loading facilities for loading of Class II flammable
liquids near the C.N.R. in Vancouver, B.C.
97617 Apr. 13 — Authorizing the Townships of Asphodel and Otonabee to improve the
approach grade of the crossing of the highway and the C.N.R. at
Mileage 48.57 Campbellford Subd., Ont.
97618 Apr. 13 — Authorizing the Newfoundland Department of Highways to con-
struct the Trans-Canada Highway over the track of the C.N.R. by
means of an overhead bridge at Mileage 40.5 St. John Subd.
97619 Apr. 13 — Granting application of Yankcanuck Steamships Limited for a
licence under section 10 of the Transport Act.
97620 Apr. 13 — Authorizing the C.N.R. to install an interlocking signal system
at the St. Louis lift bridge crossing the Beauharnois Canal at Mileage
44.2 Alexandria Subd., P.Q.
97621 Apr. 14 — Amending Order No. 97362 which authorized the installation of
automatic protection at crossing of the C.P.R. and Highway No. 95
south of Marysville, B.C., Mileage 12.9 Kimberley Subd.
97622 Apr. 14 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under sections 3 and 8 of the Maritime Freight
Rates Act.
97623 Apr. 14 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
97624 Apr. 14 — Amending Order 69124 which authorized the Ontario Dept. of
Highways to install automatic protection at crossing of Provincial
Highway 8 and the Grand River Railway, Twp. of Waterloo,
Mileage 9.4 Waterloo Subd.
97625 Apr. 14 — Extending the time within which the Northern Alberta Railways
Company is required to install protection at the crossing of its
railway and Highway No. 2, north of Clairmont, Alta., Mileage 42.1
Grande Prairie Subd.
97626 Apr. 14 — Extending the time within which the Northern Alberta Railways
Company is required to install protection at the crossing of its
railway and Highway No. 2 at Nampa, Alta., Mileage 30.2 Peace
River Subd.
97627 Apr. 14 — Authorizing the Rural Munic. of Douglas, Sask., to construct the
east-west road allowance across the C.N.R. at Mileage 101.98 Blaine
Lake Subd.
97628 Apr. 14 — Authorizing the C.P.R. to construct a private siding across Thermos
Road and Bertrand Avenue in the Town of Agincourt, Ont., Mileage
98.88 Oshawa Subd., to serve Adams Brands Limited.
97629 Apr. 15 — Amending Order No. 97422 which authorized The Chesapeake and
Ohio Railway Company to operate over the swing span crossing
the Sydenham River near Wallaceburg, Ont., as a fixed span.
97630 Apr. 15 — Authorizing the C.N.R. and C.P.R. to operate their trains over the
private siding serving Martin Paper Products (B.C.) Ltd., in the
City of Kelowna, B.C.
97631 Apr. 15 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97632 Apr. 15 — Authorizing the Corp. of the Co. of Huron, Ont., to reconstruct the
overhead bridge carrying County Road No. 25 across the C.P.R. at
certain locations in the Townships of East Wawanosh and Hullett,
all in Goderich Subd.
97633 Apr. 15 — Amending Order No. 97510 granting a Licence to Scott Misener
Steamships Limited (formerly Colonial Steamships Limited) under
section 10 of the Transport Act.
97634 Apr. 15 — Authorizing the C.P.R. to operate through its spiral tunnel No. 2
at Mileage 131.3 Laggan Subd., B.C.
97635 Apr. 15 — Authorizing Imperial Oil Limited to construct water mains across
and under the pipe line of Westspur Pipe Line Company at certain
locations in Township 4, Rge. 5, West 2nd M., Prov. of Sask.
116
97636 Apr. 15 — Authorizing Imperial Oil Limited to construct a water main under
the pipe line of Westspur Pipe Line Company in SW£ 19-4-5-W.2M.,
Prov. of Sask.
97637 Apr. 15 — Authorizing the removal of the speed limitation at the crossing of
Prov. Highway No. 2 and the Northern Alberta Railways Company,
at Mileage 162.5 Slave Lake Subd.
97638 Apr. 15 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. at Mileage 117.5 Minaki Subd., Man.
97639 Apr. 15 — Authorizing' the C.P.R. to operate under the overhead bridge at
Mileage 130.3 Laggan Subd., B.C.
97640 Apr. 15 — Authorizing the C.N.R. to improve the crossing at Mileage 50.2
Oakland Subd., Man.
97641 Apr. 15 — Authorizing Imperial Oil Limited to construct a water main over
and under the pipe line of Westspur Pipe Line Company in Sec. 16-
4-5-W.2M., Sask.
97642 Apr. 15 — Authorizing the Munic. Corporation of the Parish of Chambord, to
construct the highway over the C.N.R. at Mileage 58.28 Jonquiere
Subd.
97643 Apr. 16 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 over the C.N.R. by means of an overhead bridge at Mileage
63.17 Cornwall Subd.
97644 Apr. 16 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Suburban
Road No. 62 near Marden, Ont., Mileage 34.02 Fergus Subd.
97645 Apr. 16 — Authorizing Imperial Oil Limited to construct a water main over
and under the pipe line of Westspur Pipe Line Company in Sec.
17-4-5-W.2M., Sask.
97646 Apr. 16 — Approving application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act.
97647 Apr. 16 — Approving application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act.
97648 Apr. 16 — Amending Order No. 96888 which authorized the C.N.R. to operate
over the lift span of the Victoria Bridge crossing the St. Lawrence
River between Montreal and St. Lambert, P.Q., as a fixed span.
97649 Apr. 17 — Authorizing the C.N.R. to construct a temporary crossing across their
right of way at Mileage 9.77 Grimsby Subd. to permit the recon-
struction of the overhead bridge carrying Merritt St. over their
tracks, in Merritton, Ont.
97650 Apr. 17 — Approving plan submitted by the C.P.R. showing signal changes
between Mileage 34.47 and Mileage 44.12 Adirondack Subd., P.Q.
97651 Apr. 17 — Authorizing the removal of the speed limitation at the crossing
of the C.N.R. and Keale St., King, Ont., Mileage 23.3 Newmarket
Subd.
97652 Apr. 17 — Authorizing the Quebec, North Shore and Labrador Railway Com-
pany to operate over its railway at certain locations on its Wacouna
and Knob Lake Subds., P.Q.
97653 Apr. 17 — Approving application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act.
97654 Apr. 17 — Authorizing United Gas Limited to construct a gas main across
and under the pipe line of Trans-Northern Pipe Line Company on
Beach Road Expressway, in the City of Hamilton, Ont.
97655 Apr. 17 — Authorizing Imperial Oil Limited to construct a water main under
the pipe line of Westspur Pipe Line Company in Sec. 7-4-5-W2M.,
Sask.
97656 Apr. 17 — Authorizing Imperial Oil Limited to construct water mains under
the pipe line of Westspur Pipe Line Company at certain locations
in the Province of Saskatchewan.
97657 Apr. 17 — Authorizing the Ontario Northland Railway to publish a rate on
cobalt and silver ore and/or concentrates, from Cobalt, Ont., to
Newburgh, N.Y.
117
97658 Apr. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Swan, Ont., Mileage 106.91 Winchester
Subd.
97659 Apr. 17 — Approving plan submitted by the C.N.R. showing the signalling as
installed to protect the new entrance to East Sarnia Yard and the
interlocking plant at East Summit, Ont.
97660 Apr. 17 — Authorizing the removal of the speed limitation at the crossing
of Ontario St. and the C.P.R. in Brighton, Ont., Mileage 10.31
Oshawa Subd.
97661 Apr. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. being first public crossing east of
station at Bells Corners, Ont., Mileage 11.4 Beachburg Subd.
97662 Apr. 17 — Authorizing the removal of the speed limitation at the crossing of
Thornton Road and the C.P.R. in the City of Oshawa, Ont., Mileage
73.12 Oshawa Subd.
97663 Apr. 17 — Authorizing Imperial Oil Limited to construct water mains over and
under the pipe line of Westspur Pipe Line Company at certain
locations in Twp. 4, Rge. 5, West 2nd Meridian, in the Province of
Saskatchewan.
97664 Apr. 17 — Approving Standard Mileage Freight Tariff filed by Yankcanuck
Steamships Limited under section 17 of the Transport Act.
97665 Apr. 20 — Requiring the Louisburg Railway Co. to install automatic protection
at Maddens crossing and its railway, 1£ miles west of the station
at New Waterford, N.S.
97666 Apr. 20 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Glamis, Sask.
97667 Apr. 20 — Amending Order No. 81358, as amended by Order No. 88443, re
apportionment of cost of installing protection at crossing of the C.N.R.
and C.P.R. at Valois Ave., Montee des Sources Road and Coolbreeze
Ave., Pointe Claire, P.Q.
97668 Apr. 20 — Requiring the Midland Railway Company of Manitoba to install
automatic protection at the crossing of their railway and McPhillips
Street, Winnipeg, Man.
97669 Apr. 20 — Recommending to the Governor in Council for sanction, an Agree-
ment dated June 1, 1956, between the C.P.R. and C.N.R. with
reference to joint use of certain lines at Lake Manitouwadge,
District of Thunder Bay, Ont.
97670 Apr. 20 — Recommending to the Governor in Council for sanction, an Agree-
ment dated June 1, 1956, between the C.P.R. and C.N.R. with
reference to joint use of certain lines at Lake Manitouwadge, District
of Thunder Bay, Ont.
97671 Apr. 20 — Approving the location of the C.P.R. liquid petroleum switch heater
installation at Burpee, N.B.
97672 Apr. 21 — Approving tolls published in tariffs filed by the C.N.R. under sec-
tion 3 of the Maritime Freight Rates Act.
97673 Apr. 21 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
97674 Apr. 21 — Amending Order No. 97145 which authorized the B.C. Electric Com-
pany to construct gas mains over the Burrard Inlet Tunnel and
Bridge Co. in North Vancouver, B.C.
97675 Apr. 21 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Westport Telephone Com-
pany Limited.
97676 Apr. 21 — Approving revised Appendix to Agreement between The Bell
Telephone Company of Canada and the Minister of Transport for
Canada.
97677 Apr. 21 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Ontario Forestry Branch
(now Department of Lands and Forests, Ontario).
97678 Apr. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Massey, Ont., Mileage 10.86 Thessalon
Subd.
118
97679 Apr. 21— Approving Standard Freight Tariff C.T.C. No. 3 filed by the Northern
Transportation Company Limited.
97680 Apr. 21 — Approving plan submitted by the Munic. District of Vermilion River,
showing details of the crossing of the highway and the C.P.R. at
Mileage 1.98 Willingdon Subd., Alta.
97681 Apr. 21 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Leeds and Grenville Inde-
pendent Telephone Company Limited.
97682 Apr. 21 — Authorizing the C.P.R. to remove the caretaker and close the
station at Putnam, Ont.
97683 Apr. 21 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 4 and the C.P.R. at Mileage 12.86 Vanguard Subd., Sask.
97684 Apr. 21 — Approving the portion of the proposed flammable liquid and liquefied
petroleum gas refinery facilities of Cities Service Oil Company
Limited at Trafalgar, Ont., within 250 feet of the C.N.R. right
of way.
97685 Apr. 21 — Approving flammable liquid storage facilities of Shawinigan Water
and Power Company at Rapide Blanc, P.Q.
97686 Apr. 21 — Rescinding Orders 62711, 57059 and 55806 which approved location
of facilities of Hi-Way Refineries Limited near the tracks of the
C.P.R. at Regina, Sask.
97687 Apr. 21 — Dismissing application of the C.N.R. for authority to close the agency
at Sunnynook, Alta.
97688 Apr. 21 — Approving proposed flammable liquid bulk storage facilities of
Texaco Canada Limited at Bathurst, N.B.
97689 Apr. 21 — Approving flammable liquid storage facilities of B.C. Co-Operative
Wholesale Society at Genelle, B.C.
97690 Apr. 21 — Approving flammable liquid storage facilities of North Star Oil
Limited at Hines Creek, Alta.
97691 Apr. 21 — Approving flammable liquid storage facilities of Imperial Oil Limited
at St. Thomas, Ont.
97692 Apr. 21 — Dismissing application of the C.P.R. for authority to remove the
station agent and appoint a caretaker at Buffalo, Alta.
97693 Apr. 22 — Amending Order No. 95633 which authorized the installation of
automatic protection at crossing of the highway and the C.N.R. at
Auld's Cove, N.S., Mileage 7.09 Sydney Subd.
97694 Apr. 22 — Approving changes in the protection at the crossing of the Nipissing
central Railway Company and Highway No. 59 at Mileage 35.7
Kirkland Lake Subd., P.Q.
97695 Apr. 22 — Amending Order 97603 in the matter of supplements to tariffs filed
under the Maritime Freight Rates Act by the Sydney and Louisburg
Rly. Company.
97696 Apr. 22 — Authorizing the removal of the speed limitation at the crossing of
Mill Street and the C.N.R. in the Village of Windsor Mills, P.Q.,
Mileage 61.3 Sherbrooke Subd.
97697 Apr. 22 — Requiring the C.P.R. to install additional protection at the crossing
of their railway and Talbot Ave., Winnipeg, Man., Lac du Bonnet
Subd.
97698 Apr. 23 — Approving Drawing submitted by the C.P.R. showing the construc-
tion of Highway No. 17 over its railway in the Township of Dorion,
Ont., Mileage 88.95 Nipigon Subd.
97699 Apr. 23 — Approving flammable liquid storage facilities of the Swan Valley
Consumers' Co-operative Limited, of Swan River, Man.
97700 Apr. 23 — Relieving the C.P.R. from erecting and maintaining fences on its
Bradenbury Subd., Man.
97701 Apr. 23 — Authorizing the Manitoba Dept. of Public Works to construct a
second lane of Highway No. 75 over the C.N.R. in the Village of
Emerson, Man., Mileage 62.55 Letellier Subd.
97702 Apr. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Northern Alberta Railways Company at
Mileage 228.9 Slave Lake Subd., Alta.
119
97703 Apr. 23 — Authorizing the C.P.R. to provide the necessary circuit for the
synchronization of the traffic light signals at Trafalgar Square with
the signals at crossing of its railway and Eramosa Road, Guelph,
Ont.
97704 Apr. 23 — Authorizing the Munic. District of Vermilion River No. 71 to relocate
and widen the highway where it crosses the C.P.R. at Mileage 1.74
Willingdon Subd., Alta.
97705 Apr. 23 — Approving flammable liquid storage facilities of North of 53 Con-
sumers' Co-Operative Limited at Flin Flon, Man.
97706 Apr. 23 — Authorizing the Rural Munic. of Miniota, Man., to relocate the high-
way where it crosses the C.N.R. at Mileage 64.41 Rapid City Subd.,
Man.
97707 Apr. 23 — Amending Order No. 92959, re apportionment of cost of installing
protection at crossing of the C.N.R. and Haig Blvd., Township of
Toronto, Co. of Peel, Ont., Mileage 10.59 Subd.
97708 Apr. 23 — Approving proposed liquid storage facilities of Foucher Auto
Incorporated at Shawinigan, P.Q.
97709 Apr. 23 — Authorizing the Township of Caradoc, Ont., to improve the
approaches at crossing of the highway and the C.N.R. at Mileage
17.28 Strathroy Subd.
97710 Apr. 23 — Authorizing the Township of Caradoc, Ont., to improve the approach
grades at crossing of the highway and the C.N.R. at Mileage 18.68
Strathroy Subd.
97711 Apr. 23 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
97712 Apr. 23 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
97713 Apr. 23 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
97714 Apr. 23 — In the matter of the application of the British American Pipeline
Company for leave to construct a pipe line at a certain location in
the Province of B.C.
97715 Apr. 23 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Main Street in Moosomin, Sask., Mileage 86.3
Broadview Subd.
97716 Apr. 23 — Authorizing the C.P.R. to improve the protection at the crossing of
its railway and the highway between Concessions 1 and 2, Twp. of
West Nissouri, Co. Middlesex, Ont.
97717 Apr. 23 — Authorizing the Sask. Department of Highways and Transportation
to relocate Highway No. 32 where it crosses the C.P.R. Co's spur
line in Sec. 22, Twp. 18, Rge. 17, W.3M., Sask.
97718 Apr. 23 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
97719 Apr. 23 — Authorizing the City of Shawinigan Falls, P.Q. to reconstruct
and widen the overhead bridge at St. Marc Street and the C.N.R.,
Mileage 27.01 Grand'Mere Subd.
97720 Apr. 24 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
97721 Apr. 24 — Dismissing the application of the C.N.R. for authority to remove the
station agent at Legal, Alta.
97722 Apr. 24 — Authorizing the Township of Scarborough to widen Danforth
Road where it crosses the C.N.R. at Mileage 60.18 Uxbridge Subd.,
Ont.
97723 Apr. 24 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Viking, Alta.
97724 Apr. 24 — Approving proposed liquefied petroleum gas storage facilities of
the Steel Company of Canada Limited at Swansea, Ont.
97725 Apr. 24 — Rescinding Order No. 70834 which approved the location of the
refinery plant of Imperial Oil Limited near the C.N.R. tracks at
Valesso, Alta.
97726 Apr. 24— Amending Order No. 97646 which granted Licence No. C.T.C. (W.T.)
359 to Canada Steamship Lines Limited.
120
97727 Apr. 24 — Approving flammable liquid storage facilities of The British
American Oil Company Limited at Amherst, N.S.
97728 Apr. 24 — Authorizing The Bell Telephone Company of Canada to construct
a buried communication cable across the pipe line of Interprovincial
Pipe Line Company in the Twp. of East Nissouri, Co. of Oxford, Ont.
97729 Apr. 24 — Authorizing United Gas Limited to construct a gas main across
the pipe line of Trans-Northern Pipe Line Company in Windermere
Cut-off, City of Hamilton, Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
9Tlie Poarb of
2fratt£port Commt£gtoner£ for Canada
Judgments, Orders, Regulations and Rulings
OTTAWA, JUNE I, ^^^^V No- 5
This publication is issued fortnightly, on th^Tst and 15th of e1aofivr<rontt*. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quatffitidj. 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by posV^PTnoney ot4i£fc egress, order or ^cepted cheque.
The use of currency for this purpose is contrary to the aavfcfe Lhf [wfe (postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertifiea chequ<es\will not be
accepted. No extra charge is made for postage oh/mrcuments forwarded to pothtsMn Canada
and in the United States, but cost of postage is adde^&rsJhe selling price^^hen jdocuments are
mailed to other countries. Early application should »|/^ade for^c^g^^\jJ>^uantities. Sub-
scriptions should be sent, in every case, to the Queen's
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the apportionment of costs reserved for further consideration
of the Board by Orders 89215 dated July 13, 1956, 90746 dated January
21, 1957, 91268 dated March 27, 1957, 92030 dated July 12, 1957 and
92309 dated August 16, 1957 in respect to grade separations as set forth
in the said Orders and any other grade separations or protection sub-
sequently ordered or authorized by the Board in connection with the said
Order;
And in the matter of a re-hearing of the original application of the Hydro
Electric Power Commission of Ontario and the Canadian National Kail-
way Company for leave to construct the deviated line of railway across
the highways located between mileage 65.70 and mileage 105.19, Corn-
wall Subdivision, but with respect only of crossings known as crossings
No. 11 to 18 inclusive.
File Nos. 47728.2 47728.27
.5 .30
.12 .32
.17 .36
.26 .41
Before:
Heard at:
Appearances:
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Cornwall, Ontario, on March 19th, 1959.
L. R. McDonald, Q.C., for The Hydro Electric Power Commission
of Ontario.
W. R. Burnett, Q.C., for the Canadian National Railways.
D. J. MacDonald, for the Township of Cornwall.
S. E. Fennell, Q.C., for the United Counties of Stormont, Dundas
and Glengarry.
G. A. Stiles, Q.C., for the City of Cornwall.
J. L. McDonald, Reeve, Cornwall Township.
71779-3—1
121
122
JUDGMENT
Griffin, Assistant Chief Commissioner:
The Hydro Electric Power Commission of Ontario and the Canadian
National Railway Company by joint application dated January 30, 1956,
requested authority, pursuant to Section 181 of the Railway Act, to relocate
a portion of the Cornwall Subdivision of the C.N.R. from approximately mileage
65.7 on the easterly limits of Cornwall, Ontario, to approximately mileage 105.19
in the vicinity of Cardinal, Ontario. The same application also requested
permission to carry this diversion of the railway across all public roads in
accordance with Sections 258 and 259 of the Railway Act.
A hearing took place in Cornwall on May 18, 1956, before Commissioners
MacPherson and Chase. The hearing was continued in Ottawa on July 13,
1956, before the Chief Commissioner (Mr. Justice Kearney) and Commissioner
Chase. Order No. 89215 was issued on that day approving the joint application
of the Hydro and the Railway, authorizing the construction of this diversion
and providing in part as follows:
"2. Leave is granted to the Applicants at their expense to construct
and maintain the said deviation across St. Andrew's Road in the Town-
ship of Cornwall, the highway to be carried over the deviation by means
of an overhead bridge.
3. Leave is granted to the Applicants at their expense to construct
and maintain the deviation across the following highways at the following
mileages:
Mileage Description
75.75 (approximately) To serve proposed new townsite No. 2,
Township of Cornwall.
80.9 To serve proposed townsite No. 1 in
Township of Osnabruck.
87.0 (approximately) To serve proposed Chrysler Memorial
Park, in Township of Williamsburg.
100.4 County road No. 1, in Township of
Matilda.
92.7 King's Highway No. 31.
and the respective highways shall be carried over the deviation by means
of overhead bridges if the appropriate highway authorities close the ,
highways where they cross the deviation at the following mileages: 72.3;
73.53; 73.58; 73.61; 75.78; 76.0; 79.0; 80.5; 82.0; 83.5; 88.2; 91.2; 91.8;
94.41; 94.44; 97.4; 86.8; 102.4; 103.86 and 103.93.
4. Leave is granted to the Applicants at their expense to construct
and maintain the deviation across Township road, in the Township of
Cornwall, at mileage 72.2, the highway to be carried over the deviation by
means of an overhead bridge."
Of the forty-four crossings created by this diversion, the following disposi-
tion has been made by the above and subsequent orders of the Board: grade
separations have been ordered at seven; automatic protection has been ordered
at four; twenty- two have been closed, and eleven authorized as level crossings
without automatic protection. Of the grade separations ordered, five have
already been constructed.
123
In Order No. 89215 and subsequent Orders the following was reserved for
further decision: (a) the apportionment of the cost of construction of grade
separations, (b) the apportionment of cost of their future maintenance, (c)
the apportionment of cost of the installation, operation and maintenance of
protection.
A request was made to the Board to reconsider its decision with respect
to grade separations and closures between crossings 11 and 18. A hearing was
held on September 19, 1957, before the Chief Commissioner (Mr. C. D. Shepard),
the Deputy Chief Commissioner and Commissioner Chase. Following this
hearing Orders were issued as to the cost of the installation and maintenance
of the four automatically protected crossings.
A further hearing was held at Cornwall on September 3, 1959, before the
Deputy Chief Commissioner and Commissioner Chase. At this hearing three
points were in issue. The Township of Cornwall contended that a grade
separation should be constructed at Post Road in place of Mille Roches Road
(as ordered by Order No. 89215). Counsel for the Hydro stated that it would
be willing to put a grade separation at Post Road but was of the opinion that
the crossing at Mille Roches Road should be closed; further, that if a grade
separation should be constructed at Post Road, Hydro should be relieved of
building a grade separation North of New Town No. 2 (known as Long-Sault).
Counsel for the United Counties of Stormont, Dundas and Glengarry insisted
that a grade separation be constructed North of Long-Sault.
Afted due consideration the Board, by correspondence, requested the
interested parties to endeavour to reach an agreement with respect to the three
points mentioned above. This, however, they were unable to do.
At the hearing on September 19, 1957 (referred to above), there was heard
argument by Counsel for the Hydro for grants from the Railway Grade Crossing
Fund towards the cost of construction of the grade separations and crossing
protections created following upon the railway diversion. The application was
refused. At the hearing on September 3, 1958 (also referred to above), Counsel
for the Hydro was allowed to reopen this matter by a further submission.
The argument of Counsel has been considered by the full Board and it has
authorized me to say that the Board sees no reason to vary Order No. 92719,
dated October 18, 1957.
There therefore remained for consideration at the present hearing the
question of any changes to be made with respect to crossings 11 to 18, inclusive,
from the disposition made by Order No. 89215. There also remained the ques-
tion of the apportionment of maintenance costs of the grade separations, and
the protected crossing at Mille Roches Road. There had been excluded the
grade separation at crossing No. 33, inasmuch as it was already the subject of
an agreement between the Hydro and the Province of Ontario. The apportion-
ment of maintenance costs of the four other protected crossings mentioned
above had already been determined.
Having heard the argument of Counsel, I make the following disposition
of the matters presently in dispute:
(1) By Order No. 89215 leave was granted to the Hydro and the Railway
to construct a railway diversion across the township road (known as Mille
Roches Road) in the Township of Cornwall at mileage 72.2, the highway to be
carried over the railway by means of an overhead bridge (as cited above).
By Order No. 90755, dated January 21, 1957, the Hydro and the Railway were
authorized to construct a temporary road deviation of the township road at
mileage 72.3, the said crossing to be constructed in accordance with the Standard
Regulations of the Board Affecting Highway Crossings. Order No. 90755 was
71779-3 — li
124
made necessary by reason of the fact that the township road at that point is
at a higher elevation than the immediately surrounding area. The railway
diversion necessitated a cut, leaving the township road as an impassable route.
The present temporary crossing at mileage 72.3 (being crossing No. 12
and otherwise known as Mille Roches Road) having been constructed in
accordance with the Standard Regulations mentioned above and being auto-
matically protected is, in my opinion, adequate. It will therefore remain as
the permanent crossing. Paragraph 4 of Order No. 89215 and Order No. 90755
will be amended accordingly in respect to the crossing at mileage 72.2.
(2) The crossing No. 16 (otherwise known as County Road No. 15) author-
ized by Order No. 89215 and protected as ordered by Order No. 91130, dated
March 7, 1957, will remain as a permanent crossing and the request of the
Township of Cornwall for a grade separation in that locality is denied.
(3) The construction of a grade separation at crossing No. 18 North of
New Town No. 2 (otherwise known as the community of Long-Sault) was
authorized by Order No. 89215. However, bearing in mind that Highway 401
has not been constructed North of crossing No. 18 as yet, the Board will require
the grade separation to be constructed only in reasonable time to meet the
construction of Highway 401 at that point, or to meet the needs that may arise
earlier from the requirements of the United Counties of Dundas, Stormont and
Glengarry. In making this ruling as to time, the Board has in mind that the
expense of construction should not be incurred before it is required. Counsel
for the Hydro has, however, pointed out that economy might be achieved by
effecting construction while the Hydro's construction forces are in the area,
even though earlier than otherwise required. The parties will have liberty
to apply for an Order as to when this grade separation is to be built.
As to maintenance of the protection at crossing No. 12 (Mille Roches Road),
I am of the opinion that the Board's formula which has been applied in many
other cases should apply here, and that the maintenance costs should be borne
50 per cent by the Railway and 50 per cent by the highway authority.
As to maintenance costs of the grade separations — we are not concerned
here, with the grade separation at crossing No. 33 but only with the grade
separation at crossings Nos. 39, 28A, 23, 18 and 4. I am of the opinion that the
Board's proposed formula should apply to these overhead grade separations.
This formula is that where the grade separation takes the form of a subway,
the Railway shall assume the cost of maintenance of the structure, exclusive
of approaches, road surface, drainage, lighting and sidewalks; where the grade
separation takes the form of an overhead bridge, such structure shall be entirely
maintained at the expense of the highway authority. It may be well, therefore,
to point out that the formula provides for the burden to fall on the Railway
when the grade separation takes the form of a subway (which is not the case
here).
Counsel were of the opinion that, apart from any application that may be
made in respect to the time for construction of the grade separation at crossing
No. 18, this concludes all matters at issue over which the Board has jurisdiction
arising from the relocation of the Canadian National Railways' Cornwall
Subdivision between mileage 65.7 and 105.19.
An Order will issue accordingly.
H. H. GRIFFIN,
Ottawa, April 17, 1959.
I concur:
H. B. Chase.
125
ORDER No. 97836
Wednesday, the 6th day of May, A.D. 1959.
In the matter of a re-hearing of the original application of The Hydro-Electric
Power Commission of Ontario and the Canadian National Railway Com-
pany, herein and hereinafter called the "Applicants", for leave to
construct the deviated line of railway across the highways located betvjeen
mileage 65.70 and mileage 105.19 Cornwall Subdivision, but with respect
only to crossings known as crossings 11 to 18 inclusive; and
In the matter of the apportionment of cost reserved for further consideration
of the Board by Orders Nos. 89215, dated July 13, 1956, 90746, dated
January 21, 1957, 91268, dated March 27, 1957, 92030, dated July 12,
1957 and 92309, dated August 16, 1957, in respect to grade separations
as set forth in the said Order and in other grade separations or protection
subsequently ordered or authorized by the Board in connection with the
said Order:
Files Nos. 47728.2,
47728.5,
47728.12,
47728.17,
47728.26,
47728.27,
47728.30,
47728.32,
47728.36,
47728.41.
H. H. Griffin, Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at a sittings of the Board held in Cornwall,
Ontario, on March 19, 1959, in the presence of Counsel for The Hydro-Electric
Power Commission of Ontario, Canadian National Railways, the Township of
Cornwall, the United Counties of Stormont, Dundas and Glengarry and the
City of Cornwall, in the Province of Ontario; and upon the consent of the
Department of Highways of the Province of Ontario —
It is hereby ordered as follows:
1. The leave granted to the Applicants in paragraph numbered 4 of said
Order No. 89215 to construct and maintain the deviation of the railway by
means of an overhead bridge across Township Road in the Township of Corn-
wall, at mileage 72.2, is cancelled.
2. The temporary level crossing constructed at mileage 72.3 Cornwall
Subdivision under the authority of Board Order No. 90755, dated January 21,
1957, and protected as prescribed by Order No. 91587, dated May 17, 1957, is
authorized as a permanent level crossing in lieu of the overhead bridge cancelled
in paragraph numbered 1 of this Order.
3. The cost of construction of the road diversion of Township Road across
the railway at said mileage 72.3, and the cost of installation of the protection
prescribed by Order No. 91587, dated May 17, 1957, as well as the cost of main-
tenance of the crossing, shall be borne and paid by the Applicants, whereas
the cost of operation and future maintenance of the said protection shall be
borne and paid fifty per cent by the Applicants and fifty per cent by the Town-
ship of Cornwall.
126
4. Upon completion of the overhead bridge carrying St. Andrews Road
across the diversion of the Cornwall Subdivision of the Canadian National
Railways at mileage 68.1 authorized by said Orders Nos. 89215 and 92309, the
Canadian National Railways shall close, within the limits of their right of way,
the temporary highway crossing authorized by Order No. 91402, dated April
16, 1957.
5. The cost of construction of the overhead bridge at said mileage 68.1,
authorized by said Orders Nos. 89215 and 92309, shall be borne and paid by the
Applicants, whereas the cost of future maintenance of the said overhead bridge
shall be borne and paid by the Corporation of the City of Cornwall.
6. The cost of installation, maintenance and operation of the protection
prescribed by said Order No. 91402, at the temporary level crossing at said
mileage 68.1 forms part of the cost of construction of the overhead bridge
authorized by said Orders Nos. 89215 and 92309 at said mileage 68.1.
7. The cost of construction of the overhead bridge authorized by said
Order No. 89215, dated July 13, 1956, and Order No. 91269, dated March 27,
1957, at mileage 75.78 of the said diversion of the Cornwall Subdivision, as
well as the cost of construction and maintenance of the temporary level crossing
at mileage 75.75 of the said subdivision authorized by said Order No. 91269,
shall be borne and paid by the Applicants, whereas the cost of future main-
tenance of the overhead bridge at said mileage 75.78 shall be borne and paid by
the United Counties of Stormont, Dundas and Glengarry, in the Province of
Ontario.
8. The cost of construction of the overhead bridge at mileage 80.9 of the
said subdivision authorized by said Orders Nos. 89215 and 91268, as well as
the cost of construction and maintenance of the temporary highway crossing
at mileage 80.5 of the said subdivision authorized by said Order No. 91268 shall
be borne and paid by the Applicants, whereas the cost of future maintenance
of the overhead bridge at said mileage 80.9 shall be borne and paid by the
United Counties of Stormont, Dundas and Glengarry, in the Province of Ontario.
9. The cost of construction of the overhead bridge at mileage 87.6 of the
said subdivision authorized by said Orders Nos. 89215 and 92030 shall be borne
and paid by the Applicants, whereas the cost of future maintenance of the said
bridge shall be borne and paid by the United Counties of Stormont, Dundas
and Glengarry, in the Province of Ontario.
10. The cost of installing, maintaining and operating the protection author-
ized by Order No. 90507, dated December 21, 1956, at mileage 92.7 of the said
subdivision, and the wages of the gateman operating the protection, form part
of the cost of construction of the overhead bridge authorized by said Order
No. 89215 at mileage 92.7, and such cost shall be borne and paid by the
Applicants.
11. The cost of construction of the overhead bridge authorized by said
Orders Nos. 89215 and 90746 at mileage 100.4 of the said subdivision, and the
cost of construction and maintenance of the temporary road diversion and the
crossing of County Road No. 1 and the Canadian National Railways, as well as
the cost of installing, operating and maintaining the protection prescribed in
said Order No. 90746, and the wages of the gateman operating the protection
shall be borne and paid by the Applicants, whereas the cost of maintenance of
the said overhead bridge shall be borne and paid by the Department of Highways
of the Province of Ontario.
127
12. The application for a contribution from The Railway Grade Crossing
Fund towards the cost of any of the work ordered or authorized by said Order
No. 89215 and subsequent orders with respect to the relocation of the Canadian
National Railways between mileage 65.70 and 105.19 of the Cornwall Subdivision
is dismissed.
13. Consequent upon the above, the following Orders are amended as
follows :
(1) Order No. 89215, dated July 13, 1956, is amended:
(a) By deleting the words and digit figure "75.75 (approximately)" imme-
diately under the word "mileage" in paragraph numbered 3 of the said
Order and substituting the digit figure "75.78" therefor.
(b) By deleting the digit figure "75.78" in the third last line of said para-
graph numbered 3 and substituting the digit figure "75.75" therefor.
(c) By rescinding paragraph numbered 4 thereof.
(2) Order No. 90755, dated January 21, 1957, is amended:
(a) By rescinding paragraphs numbered 1, 2, 3 and 5 thereof.
(b) By deleting the word "temporary" in paragraph numbered 4 thereof.
(c) By deleting paragraph numbered 6 and substituting the following new
paragraph numbered 6 therefor:
"6. The cost of construction of the said road diversion, as well as
the cost of future maintenance of the crossing shall be borne and
paid by the Applicant."
(3) Order No. 91402, dated April 16, 1957, is amended as follows:
(a) By deleting paragraph numbered 3 thereof and substituting the
following therefor:
"3. Upon completion of construction of the overhead bridge at mile-
age 68.1 authorized by Orders Nos. 89215 and 92309, dated July 13,
1956, and August 16, 1957, respectively, the Canadian National
Railways shall close, within the limits of their right of way, the said
temporary crossing of their railway and St. Andrews Road."
(b) By deleting the words "are reserved for further consideration and
Order of the Board" in paragraph numbered 7 thereof and substituting
the words "form part of the cost of construction of the overhead bridge
authorized by the said Orders Nos. 89215 and 92309" therefor.
(4) Order No. 92309, dated August 16, 1957, is amended by deleting
paragraph numbered 3 thereof and substituting the following new paragraph
numbered 3 therefor:
"3. The cost of construction of the said overhead bridge shall be
borne and paid by the Applicant, and the cost of future maintenance
of the said bridge shall be borne and paid by the Corporation of the
City of Cornwall."
(5) Order No. 91587, dated May 17, 1957, is amended by deleting paragraph
numbered 4 thereof and substituting the following new paragraph numbered 4
therefor:
"4. The cost of installation of the said protection shall be borne and
paid by the Applicant, whereas the cost of operation and future
maintenance of the said protection shall be borne and paid fifty per
cent by The Hydro-Electric Power Commission of Ontario and the
Canadian National Railways and fifty per cent by the Township of
Cornwall."
128
(6) Order No. 91269, dated March 27, 1957, is amended by deleting para-
graph numbered 6 thereof and substituting the following new paragraph
numbered 6 therefor:
"6. The cost of construction of the said grade separation, as well;
as the cost of construction and maintenance of the said temporary-
crossing, shall be borne and paid by the Applicant, whereas the cost
of future maintenance of the said grade separation shall be borne
and paid by the United Counties of Stormont, Dundas and Glen-
garry, in the Province of Ontario."
(7) Order No. 91268, dated March 27, 1957, is amended by deleting
paragraph numbered 6 thereof and substituting the following new paragraph
numbered 6 therefor:
"6. The cost of construction of the said grade separation, as well as
the cost of construction and maintenance of said temporary crossing,
shall be borne and paid by the Applicant, whereas the cost of future
maintenance of the said grade separation shall be borne and paid by
the United Counties of Stormont, Dundas and Glengarry, in the
Province of Ontario."
(8) Order No. 92030, dated July 12, 1957, is amended by deleting para-
graph numbered 3 thereof and substituting the following new paragraph
numbered 3 therefor:
"3. The cost of construction of the said overhead bridge shall be
borne and paid by the Applicant, whereas the cost of future
maintenace of the said bridge shall be borne and paid by the United
Counties of Stormont, Dundas and Glengarry, in the Province of
Ontario."
(9) Order No. 90507, dated December 21, 1956, is amended by deleting
the words "are reserved for further consideration and Order of the Board"
in paragraph numbered 4 thereof and substituting the words "form part of the
cost of construction of the grade separation at mileage 92.7 Cornwall Sub-
division authorized by Order No. 89215, dated July 13, 1956, and such cost
shall be borne and paid by The Hydro-Electric Power Commission of Ontario."
(10) Order No. 90746, dated January 21, 1957, is amended by deleting
paragraph numbered 9 thereof and substituting a new paragraph numbered 9
therefor:
"9. The cost of construction of the said grade separation and the cost
of construction and maintenance of the said temporary road diver-
sion, as well as the cost of installation, operation and maintenance
of the said protection, shall be borne and paid by the Applicant,
whereas the cost of maintenance of the said grade separation shall
be borne and paid by the Department of Highways of the Province
of Ontario."
H. H. GRIFFIN,
Assistant Chief Commissioner.
129
In the matter of reflective markings on the sides of railway cars.
File No. 45463
Before:
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
K. D. M. Spence, Q.C., for the Railway Association of Canada and
Canadian Pacific Railway Company.
W. G. Boyd, for the Railway Association of Canada and Canadian
National Railways.
V. K. Croxford, representing Northwestern Ontario Municipal
Association.
A. Macdonell, representing Dominion Tank Car Company.
H. J. Goodman, representing Minnesota Mining and Manufacturing
Company of Canada Limited.
John J. Holden, representing the Chesapeake and Ohio Railway
Company.
C. W. Gilchrist, O.B.E., representing Canadian Good Roads
Association.
J. G. McQueen, representing Canadian Automobile Association.
W. A. Bryce, representing Canadian Highway Safety Conference.
V. E. Beriault, representing Canadian General Transit Company
Limited.
W. Q. MacNee, representing Ontario Department of Highways.
A. H. Rowan, representing Ontario Department of Transport.
Phillip Ewart, representing Quebec Department of Roads.
Heard at:
Ottawa, Ontario, March 16, 1959.
JUDGMENT
By the Board:
By chapter 40 of the Statutes of 1958, Parliament amended Section 265 of
the Railway Act and made it possible for the Board to make grants from The
Railway Grade Crossing Fund towards the cost of "(c) placing reflective
markings on the sides of railway cars".
With respect to any such cost incurred during the period of three years
from the 31st January, 1958, the Statute made provision for payment from the
Fund, not exceeding 80% of the cost. At the end of that period the payment
that may be made from the Fund will not exceed 60% of the cost, unless the
provision for 80% is continued.
The Statute came into force on October 6, 1958, and the Board thereupon
invited Canadian Pacific Railway Company and Canadian National Railways
to meet with the Board for discussion respecting reflectorization of railway
cars. The meeting was held in October and was attended by representatives
71779-3—2
130
of these two railways and of Canadian General Transit Company and Union
Tank Car Company, and officers of the Board, and it was agreed that the matter
should be developed with the Railway Association of Canada. That Association
filed submissions in December and, after reviewing the submissions the Board
considered it advisable to hold a public hearing to hear evidence, submissions
and suggestions of the railways and other interested parties as to what Order
the Board should make to ensure orderly and expeditious placing of reflective
markings on the sides of railway cars and respecting the kinds of markings
and the cost of placing them and grants towards such costs from The Railway
Grade Crossing Fund. The hearing was held in Ottawa on March 16, 1959,
the Board having meanwhile continued its study respecting such markings
and consulted the National Research Council, highway authorities and others
having knowledge concerning markings of this kind. At the hearing the rail-
ways offered evidence, submissions and argument and helpful information was
also given by other parties whose appearances are noted above.
Accidents:
The railways referred to the well-known causes of motor vehicle accidents
and expressed doubt that reflective markings on railway cars would have any
appreciable effect in reducing the number of accidents in which motor vehicles
run into the sides of trains. They referred to the number of such accidents
at night involving casualties, as indicated in the Board's Annual Report for the
years 1950 to 1958, as follows:
MOTOR VEHICLES RUNNING INTO TRAINS AT NIGHT
INVOLVING CASUALTIES
(1950-1958)
Year Daylight Dark Total
1950 40 113 153
1951 50 115 165
1952 39 105 144
1953 59 98 157
1954 46 94 140
1955 46 109 155
1956 72 137 209
1957 51 109 160
1958 66 93 159
Eliminating accidents where the motor vehicles collided with the sides of
locomotives and railway passenger cars, or occurring where crossings were
protected by gates or lights or in circumstances where reflective markings on
railway cars presumably would not have helped to prevent the accidents, the
railways submitted that only a comparatively small proportion of the collisions
between motor vehicles and the sides of trains might conceivably have been
avoided by reflective markings on railway cars, and they urged in this respect
that the cost of markings to the federal government and the railways should
be examined in the light of the benefits which might be anticipated.
It is a fact that, despite the presence of modern types of protection at
level crossings, for example, gates and flashing lights and bells, collisions
between motor vehicles and trains may and do occur thereat because of
negligence on the part of motorists. However, the protection does help to warn
motorists of the presence or approach of trains and thereby helps to prevent
accidents that without such protection might occur and cause loss of life or
serious injury and damage. The Board believes that reflective markings on
the sides of railway cars would help to prevent accidents caused by motor
131
vehicles running into the sides of trains at night at unprotected crossings. The
use of such markings would make the railway cars more conspicuous to
approaching motorists. Even if only a few cars in a train moving across a
highway were so marked, the markings might come to the attention of the
motorists as they crossed in front of him in the course of his approach to the
crossing, because when a train with marked cars moves across a highway
there is a succession of reflective "flashes" from the markings as the motor
vehicles' headlights shine on them. The greater the number of marked cars,
the greater of course would be the number of reflective flashes.
Cost of Reflective Markings:
The railways submitted estimates of the cost of placing markings on railway
cars ranging from an estimated minimum of $5 per car for 4-inch diameter
discs spaced 6 feet apart, to an average maximum cost of $61.50 per car for a
continuous strip 4 inches wide. They estimated the life of present reflective
materials at 6 years and concluded that if all Canadian railway cars were to
be marked in a period of 6 years the cost of placing the markings would range
from approximately $1,055,000 to approximately $12,977,000; and assuming an
80 cr contribution from the Fund, the cost to the Fund would range from
$844,000 to $10,382,000 and the railways' share from $211,000 to $2,595,000.
They also submitted that the cost of maintaining markings during the
initial 6 years would range from approximately $106,000 for 4-inch discs to
$1,297,000 for a continuous 4-inch wide strip; and following the completion of
the initial marking programme there would be the cost of renewals and marking
new cars and continuing maintenance costs.
They urged that these expenditures would not result in any savings to the
railways and would result in additional burdens upon railway users and the
federal treasury for the benefit of only a few negligent motorists each year.
Canadian Pacific has approximately 88,500 freight cars, of which about
60% are box cars. The Company buys about 3,000 new cars each year and
repaints about 10,000.
Canadian National has about 106,000 freight cars, of which 65% are box
cars. The Company buys about 3,100 new cars each year and repaints about
11,000.
Effectiveness of Markings:
The railways referred to difficulties in maintaining the markings in a
proper and effective condition for the following reasons:
(1) Overflow of materials in loading and unloading covered hopper cars
deteriorates the paint of the cars and would affect the reflective
qualities of markings.
(2) In open top hopper cars, materials such as coal, sand and gravel freeze
in the winter and heat must be applied in order to unload. This heat,
in many cases open flame, would damage the markings.
(3) Gondola cars, used by steel mills, are subjected to intense heat during
loading and this would damage the markings.
(4) Chemicals, acids, oils, etc., would present a serious problem in main-
taining markings on tank cars.
(5) Stock cars have to be washed out and whitewashed after each ship-
ment.
(6) The movement of ordinary box cars through dust, rain, sleet, snow
and mud would tend to reduce the effectiveness of markings and would
involve more frequent washing of cars.
71779-3— 21
132
The railways also suggested that the amount of protection reflective mark-
ings would give approaching motorists would depend upon the condition of
the vehicles' lights and the angle of approach; and that reflective markings
could be confusing to railway employees if they resulted in a misunderstanding
of signals, particularly in yards where floodlights are in use.
Uniformity with United States Railways:
The railways submitted that it is imperative that any programme of
reflectorization of railway cars be fully co-ordinated between the railways of
Canada and the United States and that, failing this, serious difficulties in inter-
change of cars will be experienced; and unless similar legislation is passed in
the United States a significant percentage of railway cars in use in Canada
would not be reflectorized.
I m
The Board has read the printed report of the hearing in March and April,
1957, before a Subcommittee of the House of Representatives, respecting surface
transportation and safety legislation, more particularly relating to three bills
(one of which (H.R. 3484) was suggested by the Interstate Commerce Com-
mission) introduced in Congress with the object of requiring railway vehicles
to be equipped with reflective or luminous material. It appeared from that
record that the Interstate Commerce Commission believed that, on the basis
of the evidence it then had, legislation of that nature would be desirable. The
bills under consideration did not become law but we are informed that similar
bills have again been introduced in Congress in this present year. None of the
bills make provision for financial assistance to the railways towards the cost of
reflectorizing their railway vehicles. We have mentioned that our legislation
permits grants to be made from The Railway Grade Crossing Fund towards
the cost of placing reflective markings on railway cars.
We do not think that a start on a programme of marking Canadian railway
cars should be delayed until such time as reflective marking is required by law
on United States railway cars, nor do we believe that there would be difficulties
in interchange of cars between Canada and United States on account of markings
that may be ordered in either country. Some United States railways already
have some thousands of their cars so marked and the markings are not uniform.
Past experience convinces us that co-operation between Canadian and United
States authorities will not be lacking in the matter of markings and we have
no reason to think that requirements for marking in either country will be so
rigid as to place difficulty in the way of interchange of cars.
Recommendations of the Railways:
The railways recommended as follows:
(a) That a joint study be made, including extensive field tests of values, i
types and patterns of reflective markings, to evaluate the comparative
reflective intensities and sighting distances of cars so marked under
various train and highway vehicle speeds and varying weather
conditions.
(b) Consideration should be given to the legal responsibility the railways
may assume with regard to reflective markings on freight cars. There
was a suggestion that they might be liable in damages if it were shown
that an accident occurred and if reflective markings that were not
properly cleaned or maintained were found to have been a factor
contributing to the accident.
133
(c) In any programme, the Board should contribute to the cost of renewal
and maintenance of the markings on a long term basis and that appro-
priate amendments to the present legislation should be made.
(d) Greater benefit would be derived from the expenditure of the money
on a programme of improved advance warning signs on the highway.
Other Submissions at the Hearing:
The persons who represented other than the railways gave useful informa-
tion to the Board. An early start on a programme of placing the markings on
railway cars was advocated.
Board's Conclusions and Order:
Parliament has made money available to help defray the cost of placing
the markings on railway cars, and it is the considered view of the Board that
a start should be made in so doing as soon as is reasonably practicable. The
Board believes however that it is advisable not to attempt or require too much
at the start and to have the benefit of actual experience in the use of such
markings on railway cars for two or three years before determining what the
longer term programme should be. We believe that it will be practicable and
useful, and well worth the necessary expenditure of money, to have the mark-
ings placed on all new box cars received by the railways during this year and
next year and also on approximately the equivalent number of other box cars
during the same period while such cars are in for shopping. This will make
possible the study of, and experimentation with different types of reflective
materials and patterns and colours under varying operating conditions, and
the effect of weather, speed, dust, etc., on the markings; and ascertainment of
actual costs of markings and maintenance. We consider that this will be much
more helpful to the Board and railways than study and tests involving only a
very limited number of cars, and the cost will not be excessive.
We therefore order that each Canadian railway company subject to the
Board's jurisdiction shall cause reflective markings to be placed on each side
of each of its new box cars delivered to it during the period May 1, 1959, to
December 31, 1960. The markings shall be so placed either before delivery of
the box car or within two months after such delivery. We also order each of
the said companies to place reflective markings during the said period May 1,
1959, to December 31, 1960, on each side of approximately the same number of
its old box cars as the number of new box cars delivered to it during that period.
With respect to Railways which do not expect to acquire new box cars
during the said period, they will be required to place reflective markings on
their box cars as and when they are in for shopping between May 1, 1959, and
December 31, 1960.
The markings shall be placed and spaced along the sides of the box cars
and be of such shape, size and material as the Board may approve. Each railway
company shall make application to the Board for such approval and the appli-
cation shall contain particulars of the markings and the estimated cost of placing
them on the cars.
Eighty per cent (80%) of the cost of placing the markings herein ordered
shall be paid out of The Railway Grade Crossing Fund, which contribution shall
not exceed $8.00 per car, and the remainder of such cost shall be borne by the
Company that owns the cars, as the case may be.
The Board is also prepared to authorize the placing of reflective markings
on other types of railway cars in addition to the markings required to be placed
as above set forth and to authorize payment of eighty per cent of the cost of
134
placing the markings out of The Railway Grade Crossing Fund, which contribu-
tion shall not exceed $8.00 per car, provided that the Board's authorization is
applied for and obtained before the markings are placed on the cars.
We will not at this time order the railways to maintain or clean the mark-
ings as we wish to know the effect of rain, wind, snow, dust, etc., on the markings
under varying conditions and we do not wish to impose on the railways by an
Order of this Board an obligation to keep the markings clean by means of
washing or to otherwise maintain them. However, the railways may clean and
maintain the markings if they wish to do so to ascertain costs and effects of
such action.
Each company shall make a return to the Board at the end of June 1959
and at the end of each six-month period thereafter showing the number of its
cars marked pursuant hereto.
ROD. KERR,
I concur:
H. H. Griffin,
H. B. Chase.
Ottawa, May 1, 1959.
ORDER No. 97788
Friday, the 1st day of May, A.D. 1959.
In the matter of the Board's notice of sitting dated January 29, 1959, to hear
evidence, submissions and suggestions of the railways and other interested
parties as to what Order the Board should make to ensure orderly and
expeditious placing of reflective markings on the sides of their railway
cars, respecting the kinds of markings, the cost of placing them and grants
towards such cost from The Railway Grade Crossing Fund.
File No 45463
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the matter at a sitting of the Board held in Ottawa on March
16, 1959, in the presence of Counsel for and representatives of the Railway
Association of Canada, the Canadian Pacific Railway Company, the Canadian
National Railways, Northwestern Ontario Municipal Association, Dominion Tank
Car Company, Minnesota Mining and Manufacturing Company of Canada
Limited, the Chesapeake and Ohio Railway Company, the Canadian Good Roads
Association, Canadian Automobile Association, Canadian Highway Safety Con-
ference, General Transit Company Limited, Ontario Department of Highways
and Quebec Roads Department —
It is hereby ordered as follows:
1. Each Canadian railway company subject to the jurisdiction of the Board
shall cause reflective markings to be placed on each side of each of its new box
cars delivered to it during the period May 1, 1959, to December 31, 1960.
135
2. The markings prescribed in paragraph numbered 1 shall be placed on
the new box cars either before delivery or within two months after the delivery
thereof.
3. Each such company shall, during the said period May 1, 1959, to December
31, 1960, place reflective markings on each side of approximately the same
number of its old box cars as the number of its new box cars delivered to it
during that period.
4. If any such railway company does not expect to acquire new box cars
during the said period, it shall cause reflective markings to be placed on its
box cars as and when they are sent in for shopping between May 1, 1959, and
December 31, 1960.
5. The said reflective markings shall be placed and spaced along the sides
of the box cars and be of such shape, size and material as may be approved by
the Board upon application by the railway company concerned. Each railway
company shall make application to the Board for such approval and the applica-
tion shall contain particulars of the reflective markings and the estimated cost
of placing them on the cars.
6. Eighty per cent of the cost of placing the said reflective markings shall
be paid out of The Railway Grade Crossing Fund, which contribution shall not
exceed $8.00 per car, and the remainder of such cost shall be borne by the
Applicant Company.
7. Each such company shall, at the end of June 1959, and at the end of
each six-month period thereafter, make a return to the Board showing the
number of its cars marked as prescribed in this Order.
ROD. KERR,
Chief Commissioner.
In the matter of the application of Canadian National Railway Company for
authority to discontinue passenger service, namely trains 77 and 78,
between Moncton and Point du Chene, N.B.
File No. 27563.436
Before:
R. Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
Heard at Moncton, New Brunswick, February 3rd and 4th, 1959.
Appearances:
J. W. G. Macdougall, Q.C., and W. H. Hewson, for the Canadian
National Railway Company,
George J. Bingham, for the Municipality of the County of
Westmoreland.
F. J. Robidoux, Q.C., for the Town of Shediac.
C. R. Sigut, for the City of Moncton.
T. W. Read, President, Division No. 4 representing Atlantic Region
Federated Trades Craft, C.N.R. and Legislative Committee of
Railway Organizations.
L. H. Freeman, representing the Order of Railroad Telegraphers.
H. A. Mann, representing the Maritimes Transportation Com-
mission.
136
JUDGMENT
H. H. Griffin, Assistant Chief Commissioner:
The application of Canadian National Railway Company is to discontinue
trains 77 and 78 running between Moncton and Point du Chene, New Brunswick.
This line runs from Moncton through Harrisville, Painsec Junction, Scoudouc
and Shediac to Point du Chene. From Moncton to Painsec Junction the line is the
Canadian National Railways' main line to Halifax. From Painsec Junction to
Point du Chene the line constitutes the Point du Chene Subdivision.
This line has been in existence for some time. It was originally contemplated
as part of the European and North American Railway that was to run from
St. John to Point du Chene and Shediac. Construction was begun in 1853. In
1856, before the line was opened, it was taken over by the Government of
New Brunswick. It was opened for operation in 1857. Subsequently, it became
part of the Intercolonial Railway and then part of the Canadian National Rail-
ways. Point du Chene was the terminal. It provided at one time the rail-head
for service to Surnmerside, Prince Edward Island and until some thirty to forty
years ago ships ran from Surnmerside to Point du Chene. Originally, there were
railway shops at Point du Chene. These were destroyed by fire in 1872. The
shops were not re-built and what facilities there were were moved to Moncton.
At present there are passenger trains Nos. 77 and 78 running daily except
Saturdays, Sundays and holidays. Train 77 travels from Point du Chene to
Moncton in the morning and train 78 travels from Moncton to Point du Chene
in the evening. There is a road switcher on Mondays, Wednesdays and Fridays
that handles carload traffic only to Point du Chene and return. The Railway's
L.C.L. freight shipments are handled by highway transport. Express and mail
are also handled by highway truck. If the Railway's application is granted, it
proposes to despatch by truck the mail that is now carried by trains 77 and 78.
The Railway has filed returns to show the average daily passenger handlings
by months for the years 1955, 1956, 1957 and 1958 for both revenue passengers
and passengers travelling on passes. Extracts from these figures will suffice and
are as follows:
Train 78, Moncton to
Point du Chene
Train 77, Point du Chene to
Moncton
1955
Jan.
July
Dec.
Total handled
1955
1956
Jan.
July
Dec.
Total handled
1956
Revenue
92.1
50.8
69.6
19,880
76.8
61.6
74.1
18,329
Passes
236
183.2
191
56,182
193.3
194.2
199.5
53,322
Revenue
95.4
53.3
79
20,686
86.5
64.5
77.1
19,441
Passes
238.6
193.9
208
59,555
220.3
208.2
221.6
59,305
137
1957
Jan.
July
75.4
52.2
62.3
211
177
174
85.3
55.8
66.6
223.5
187
193.8
Dec.
Total handled
1957
15,329
45,812
16,450
49,436
1958
Jan.
July
Dec.
Total handled
1958
61.8
36.2
49.0
178.3
154.5
145.0
69.1
41.3
56.9
198.0
187.6
160.9
12,659
42,511
14,295
48,694
It will be seen from the above that revenue passengers handled on train
78 have declined from 19,880 in the year 1955 to 12,659 in 1958. On train 77
they have declined from 20,686 in 1955 to 14,295 in 1958; and that for 1958 the
average daily number of revenue passengers on the morning train was under
60, the average on the evening train even less, and that the number travelling
on passes was upwards of 3£ times the number of revenue passengers.
The Railway has filed a statement to show the result of the operation of
trains Nos. 77 and 78 for the years 1956, 1957 and 1958. This shows an annual
loss in 1956 of $55,200; in 1957 of $58,700; and in 1958 of $68,800. This state-
ment also purports to show that, should the service be discontinued, the loss
of $68,800 experienced in 1958, less the cost of providing additional highway
service, should result in a saving to the Railway of approximately $64,000 per
annum in a similar year.
The Railway's submission is that there is an adequate alternative bus
service available to the public and that it is the intention of SMT Bus Line
(operating this bus service) to improve the service in the event of the dis-
continuance of trains 77 and 78.
The application of the Railway is opposed by the Municipality of the County
of Westmoreland, the Town of Shediac, the City of Moncton, Atlantic Region
Federated Trades Craft, C.N.R., and the Order of Railroad Telegraphers.
The Respondents have recited the history of the line and have submitted
that because of the fact that the line was completed by the Government of
the Province of New Brunswick, the people along the line are entitled to a
continuous passenger, freight, express and mail service, regardless of the loss
in providing the passenger service. I cannot agree with this contention.
The Respondents have recited Rules 60 and 61 of a subsisting agreement
between the Railway Association of Canada and Division No. 4 Railway
Employees' Department, A.F. of L., governing Rates of Pay and Rules of
Service for locomotive and car departments. These rules read as follows:
"Existing conditions in regard to shop trains will be maintained unless
changed by mutual agreement, or until other reasonable facilities are avail-
able. The Company will endeavor to keep shop trains on schedule time,
properly heated and lighted, and in a safe, clean and sanitary condition.
This not to apply to temporary service provided in cases of emergency."
Rule 60
138
Rule 61
"Employees covered by this Agreement, and those dependent upon
them for support, will be given the same consideration in granting free
transportation as is granted other employees in service.
Note: — This does not refer to special free transportation which may be
issued to employees in train service on account of the necessary require-
ments of that service."
Evidence was then led by the Respondents to show that trains 77 and 78 are
"shop trains", as that term is used in railway terminology. This matter was
treated fully by the evidence and has been dealt with very fully in the written
argument submitted by Counsel for the Municipality of the County of West-
moreland. The Railway has answered this evidence by its own evidence as to
the nature of the trains and it is dealt with fully in the oral and written argu-
ment of Counsel for the Railway.
The Railway has contended that trains 77 and 78 are not shop trains but
public trains. Further, that should they be found to be shop trains, then
their discontinuance is a matter of adjustment between the Railway and its
employees under the above agreement. Moreover, that if they are shop trains,
the Railway can remove these trains without reference to the Board.
After considering the evidence and the argument of Counsel, I find that
trains 77 and 78 are not shop trains, but are public trains, carried in the Rail-
way's public timetables as such, with schedules arranged by the Railway
principally, I believe, so as to make them available and convenient to shop
employees, which in recent years at least have constituted the bulk of the
patronage of the trains.
The Respondent, the Municipality of the County of Westmoreland, has
further contended in written argument that the annual revenue and expense
figures submitted by the applicant may properly be changed to show a more
favourable net position. It is claimed that passenger revenue should be
increased by $31,500 to reflect the carriage of pass-holders, and that expenses
should be reduced by $15,110 with the result that the annual loss in respect to
operation of trains 77 and 78 would be reduced from $68,800 to $22,190. I
cannot agree with these revisions, but even if they were acceptable the passenger
and mail revenues would still cover less than two-thirds of the out-of-pocket
expenses.
The out-of-pocket expenses have been calculated by the applicant in
accordance with a method used before the Board in previous applications of
this nature, as has the determination of the system loss and the branch line
loss. These figures have all been considered by the Board, but the matter of
system loss and branch line loss is of more importance when the application
is to abandon the operation of a line of railway. The present application is for
discontinuance of passenger service in respect to which I am satisfied that the
revenues fail by a substantial margin to meet the out-of-pocket expenses of
operation.
There has been brought graphically to the Board the fact that by reason
of the passenger train service between Point du Chene and Moncton, a con-
siderable number of employees of the Railway have settled at communities and
in areas between Point du Chene and Shediac, and at intermediate points
between those places and Moncton. There they have built or acquired their
homes and contributed to the general economy of the several districts. The
discontinuance of the service would, it is said, seriously affect the welfare
of those employees. Evidence has been led to show that, should the service
be discontinued, many of the inhabitants of the area working in Moncton could
be forced to dispose of their homes and move elsewhere to be closer to their
places of employment.
139
Undoubtedly, the discontinuance of the service will result in disruption to
the habits and long established mode of travelling of many residents. This is
to be given full weight in assessing it against the benefit to the public of elimi-
nating a loss to the Railway in operating this service.
Counsel for the Respondents have marshalled every fact that would warrant
the continuation of the trains. Through the evidence of a number of witnesses
they have outlined the inconvenience that would result to certain residents and
the effect that discontinuance might have upon the economy of the area. This
has been most helpful to the Board in obtaining a complete picture as to the
issues involved.
In such cases as this, the Board considers all the circumstances. Amongst
other things, this includes a review of the cost of operating the existing service,
the volume of patronage over the years and the potential savings that might
accrue to the Railway. These factors are weighed against the possible loss and
inconvenience to the travelling public in the event of the application succeeding.
An important factor, however, is the nature and adequacy of the alternative
means of transportation which is available, together with any proposed improve-
ment which should be available to the public in the event of the service under
consideration being discontinued. Evidence was led by the Railway as to the
existing bus service, together with the proposal by the bus company (SMT bus
line) for its addition to, and improvement of, service in the event of trains
77 and 78 being discontinued. This service undoubtedly will not be as con-
venient for certain patrons of the existing train service — in particular, the
employees of the Railway who work at the Company's shops in Moncton.
The issue in this case is, therefore, whether the degree of inconvenience to
the public, and possible hardship upon certain long established residents, out-
weighs the potential savings to the Railway that would follow upon discontinu-
ance of the service.
Upon considering all the factors involved, I am unable to find sufficient loss
and inconvenience to the public under this proposal to justify refusing the appli-
cation, and in my opinion, the application should be granted.
Bearing in mind the convenience of the public and in this particular instance
to avoid disrupting the present means of some students of attending school at
Moncton, the change shall not take effect until after the 30th day of June, 1959,
nor before sixty days after public notice of the discontinuance.
An Order will issue accordingly.
H. H. GRIFFIN,
Ottawa, May 6, 1959.
I concur: R. KERR.
ORDER No. 97858
Friday, the 8th day of May, A.D. 1959.
In the matter of the application of the Canadian National Railway Company for
authority to discontinue passenger train service, namely trains Nos. 77
and 78, between Moncton and Point du Chene, New Brunswick.
File No. 27563.436
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Asst. Chief Commissioner.
Upon hearing the application at a sittings of the Board held in Moncton,
New Brunswick, on February 3rd and 4th, 1959, in the presence of Counsel for
the Canadian National Railway Company, the Municipality of the County of
140
Westmoreland, the Town of Shediac, the City of Moncton, and representatives of
Division No. 4 representing Atlantic Region Federal Trades Craft, C.N.R. and
Legislative Committee of Railway Organizations, the Order of Railroad Tele-
graphers and the Maritimes Transportation Commission, and upon reading the
submissions filed —
It is hereby ordered as follows:
1. The Canadian National Railway Company is authorized to discontinue
passenger train service, namely trains Nos. 77 and 78, between Moncton and
Point du Chene, New Brunswick.
2. The said discontinuance shall not take effect until after the 30th day of
June 1959, and the Canadian National Railway Company shall give sixty days'
prior notice of the said discontinuance.
ROD KERR,
Chief Commissioner.
ORDER No. 97837
Wednesday, the 6th day of May, A.D. 1959.
In the matter of the apportionment of the cost of reconstructing and strengthen-
ing the Canadian Pacific Railway Company's bridge over the Kaministi-
quia River in Fort William, Ontario, authorized by Order No. 94088, dated
April 14, 1958..
File No. 4805.4
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the matter at a sittings of the Board held in Fort William,
Ontario, on April 7th, 1959, in the presence of Counsel for the City of Fort
William and the Canadian Pacific Railway Company, and upon consideration of
the submissions on file —
It is hereby ordered as follows:
1. Fifty per cent of the cost of reconstructing and strengthening the high-
way deck on the Bascule span and on the approaches of the said bridge, not
exceeding, however, the sum of $24,500.00, shall be paid out of The Railway
Grade Crossing Fund, and the balance of such cost shall be borne and paid fifty
per cent by the Canadian Pacific Railway Company and fifty per cent by the
City of Fort William.
2. The cost of maintenance of the wearing surface of the road on the high-
way deck of the Bascule span of the said bridge and the future maintenance of
the approaches on each side of the said Bascule span shall be borne and paid
by the City of Fort William.
H. H. GRIFFIN,
Assistant Chief Commissioner.
141
ORDER No. 97881
In the matter of Order No. 94426, dated May 27, 1958, amending Rule 3 of the
Canadian Car Demurrage Rules, Order No. 94888, dated July 14, 1958,
suspending the said amendment, and Order No. 97434, dated March 25,
1959, rescinding Order No. 94888 and restoring the said amendment.
File No. 1700.397
Tuesday, the 12th day of May, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon consideration of the said Orders of the Board, Supplements No. 5,
No. 6 and No. 7 to The Canadian Car Demurrage Bureau's C.T.C. No. 5, Order
in Council P.C. 1959-569, dated May 7, 1959, and the direction in the said Order
in Council to the Board to suspend tariffs based upon the said Order No. 94426.
It is hereby ordered as follows:
1. Supplement No. 5 to The Canadian Car Demurrage Bureau's Tariff
C.T.C. No. 5, restored by the said Supplement No. 7, is suspended.
2. The Canadian Car Demurrage Rules and the Rules and Charges
published in The Canadian Car Demurrage Bureau's Tariff C.T.C. No. 5, as
amended by Supplements No. 2, No. 3 and No. 4 thereto, are suspended in
respect only of the unloading of grain consigned to public and semi-public
terminal elevators at Port Arthur or Fort William, Ontario, or in the portion
of Canada west of Port Arthur and Fort William, Ontario.
ROD KERR,
Chief Commissioner.
ORDER No. 97883
In the matter of the application of the Canadian National Railway Company,
hereinafter called the "Applicant", dated July 30, 1958, for authority to
divert a portion of its line between mileage 10.2 near Dorval, Quebec,:
and mileage 7.6 near Lachine, Quebec, Cornwall Subdivision, and a por-
tion of its line between mileage 47.98 near Turcot Yard, Quebec, and!
mileage 47.36 UAssomption Subdivision, and for leave to relocate and
cross certain public roads and for leave to close stations at Lachine and
Diode, P.Q., on the Cornwall Subdivision, as shown on Plan No. MHY316-
211-4, dated March 17, 1958, on file with the Board under file No. 48765:
Wednesday, the 13th day of May, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at Montreal, P.Q., on the 19th day of January,
1959, in the presence of Counsel and other persons representing the Canadian
142
National Railway Company, the Canadian Pacific Railway Company, the Depart-
ment of Roads of the Province of Quebec, the City of Lachine, P.Q., the Town
of Montreal West, the Town of Ville St. Pierre, and upon reading the sub-
missions filed —
And upon the consent of the Department of Roads of the Province of
Quebec —
It is hereby ordered as follows:
1. Leave is granted to the Applicant to divert its line between mileage 7.6
and mileage 10.2 Cornwall Subdivision, in the Cities of Dorval and Lachine,
P.Q., as shown from the location shown in dotted black to the location shown
in red on the said plan, which plan, profile and book of reference is hereby
approved, and to carry the said deviation across 55th Avenue in the City of
Lachine, P.Q.
2. The Applicant is authorized to divert its line between mileage 47.98 and
mileage 47.36 L'Assomption Subdivision in the Town of Montreal West, P.Q.,
from the location shown in black to the location shown in brown on the said
plan, and the Applicant is exempted from submitting plan, profile and book of
reference in respect of the deviation authorized in this paragraph.
3. (a) The Department of Roads of the Province of Quebec is authorized
to construct and maintain an overhead bridge with the necessary approaches
thereto over the relocated tracks of the Applicant at the point of crossing of
Metropolitan Boulevard in the Town of Montreal West as shown on the said
plan; detailed plans shall be submitted for the approval of an Engineer of the
Board, and the said overhead bridge shall be constructed in accordance with
the provisions of General Order No. 589.
(b) Eighty per cent of the cost of construction of the said overhead bridge
and its approaches referred to in this paragraph, not exceeding, however, the
sum of $500,000.00, shall be paid out of The Railway Grade Crossing Fund,
and the remainder of the cost of construction and all cost of maintenance shall
be borne and paid by the Department of Roads of the Province of Quebec.
(c) In consideration of the Department of Roads of the Province of Quebec
assuming the remaining costs of construction and maintenance as set out in
sub-paragraph (b) of this paragraph, the Department and the Applicant have
agreed as follows:
(i) The Department of Roads will grant to the Applicant its right of way
of Metropolitan Boulevard (Brock Avenue) across the railway at
mileage 47.65 L'Assomption Subdivision, and in exchange the Applicant
will grant to the Department its right of way across Metropolitan
Boulevard at mileage 47.55 L'Assomption Subdivision, which is the
location of the present level crossing, and also its right of way at
mileage 10.12 Cornwall Subdivision where there is presently a railway
bridge. The purpose of the said grants is to make the railway and
highway rights of way continuous at those points referred to.
(ii) The Applicant will grant to the Department sufficient land to make
the right of way of Metropolitan Boulevard continuous at the point
of proposed railway crossing at 25th Avenue, Lachine, near Ballantyne,
P.Q., and the Department will be relieved of its obligation contained in
an agreement between the parties dated May 2, 1940, concerning a
future railway crossing of Metropolitan Boulevard at 25th Avenue,
Lachine.
143
(iii) The steel structure at mileage 10.12 of the existing Cornwall Sub-
division shall be the property of the Applicant; Order No. 58656, dated
February 15, 1940, is amended so that the Department of Roads is
relieved from future costs of maintenance of the said structure.
4. (a) The Applicant is authorized to construct an overhead bridge with
necessary approaches over its tracks at the intersection of its tracks and St.
James Street (Upper Lachine Road), Ville St. Pierre, as shown on the said
plan; detailed plans thereof shall be submitted for the approval of an Engineer
of the Board, and the said bridge shall be constructed in accordance with the
provisions of General Order No. 589.
(b) Eighty per cent of the cost of construction of the said overhead bridge
and its approaches, not exceeding, however, the sum of $500,000.00, shall be
paid out of The Railway Grade Crossing Fund, $20,000.00 shall be paid by the
Town of Montreal West, and the remainder of the cost of construction shall be
paid by the Applicant.
5. (a) The Applicant is authorized to construct a pedestrian underpass
with necessary approaches thereto under its tracks at Maple Avenue crossing
in Ville St. Pierre, P.Q., and to divert Maple Avenue to join St. James Street,
all as shown on the said plan; detailed plans shall be submitted for the approval
of an Engineer of the Board and the said pedestrian underpass shall be con-
structed in accordance with the provisions of General Order No. 589.
(b) Eighty per cent of the cost of construction of the said pedestrian under-
pass and the highway diversion, not exceeding, however, the sum of $408,000.00,
shall be paid out of The Railway Grade Crossing Fund and the remainder of
the said cost shall be borne and paid by the Applicant.
(c) The cost of maintenance of the said pedestrian underpass and its
approaches shall be borne and paid by the Applicant.
(d) The cost of maintenance of the overhead bridge authorized by para-
graph numbered 4 and of the highway diversion authorized by this paragraph
shall be borne and paid fifty per cent by the Town of Ville St. Pierre and fifty
per cent by the Town of Montreal West.
6. (a) The Applicant is authorized to construct a subway across the tracks
of the Canadian Pacific Railway Company as they may be diverted and a subway
across the relocated tracks of the Applicant, both at the 55th Avenue Crossing
at Lachine, P.Q., as shown on the said plan; detailed plans of the said subways
shall be submitted for approval of an Engineer of the Board, and the said sub-
ways shall be constructed in accordance with the provisions of General Order
No. 589.
(b) Eighty per cent of the cost of construction of the subway under the
Canadian Pacific tracks as may be relocated, including the northerly approach
thereto and the southerly approach within the said Canadian Pacific Railway
Company right of way as may be relocated, not exceeding, however, the sum
of $260,000.00, shall be paid out of The Railway Grade Crossing Fund, sixty
per cent of the remainder shall be paid by the Department of Roads of the
Province of Quebec, and forty per cent of the said remainder shall be borne and
paid by the Applicant and the Canadian Pacific Railway Company as has been
agreed between them, and the entire cost of maintenance of the sub-structure
and super-structure of the said subway within its relocated right of way shall
be borne and paid by the Canadian Pacific Railway Company.
(c) Eighty per cent of the cost of construction of the subway under the
tracks of the Applicant as relocated, including all approaches necessary to give
access to the said subway from and to 55th Avenue and Highway No. 2 and the
144
northerly approach within the Applicant's right of way as relocated, not exceed-
ing, however, the sum of $500,000.00, shall be paid out of The Railway Grade
Crossing Fund, sixty per cent of the remainder shall be borne and paid by the
Department of Roads of the Province of Quebec and forty per cent of the said
remainder shall be borne and paid by the Applicant, and the entire cost of
maintenance of the sub-structure and super-structure of the said subway within
its relocated right of way shall be borne and paid by the Applicant.
(d) The cost of construction of the grade separation carrying 55th Avenue
under Metropolitan Boulevard, necessitated by the construction of the subways
under the tracks of the Canadian National and Canadian Pacific referred to
above, shall be borne sixty per cent by the Department of Roads of the Province
of Quebec and forty per cent by the Applicant, and the entire cost of main-
tenance in respect of the said grade separation's sub-structure and super-
structure outside the railway rights of way, as well as of approaches, shall be
borne and paid by the Department of Roads of the Province of Quebec, all as
has been agreed between the Applicant and the Department.
(c) The entire cost of maintenance and operation of the drainage, pumping
and light systems of all the subway structures referred to in this paragraph, as
well as the roadways and sidewalks, shall be borne and paid by the Department
of Roads of the Province of Quebec.
.
7. That, having regard to the application of the City of Lachine dated
May 4, 1959, for a grade separation in the vicinity of 34th Avenue in lieu of
subways at 55th Avenue, prior to the preparation of detailed plans for con-
struction of the subways at the said 55th Avenue, the Canadian National Rail-
ways, the City of Lachine, Province of Quebec, the Canadian Pacific Railway
Company and any other party interested will consider the possibility of locating
the proposed grade separations at a more advantageous location and closing the
existing level crossing at 55th Avenue, file submissions as to location of the
grade separations with the Board for final Order on or before June 1st, 1959,
and failing agreement among the parties the question of location will be decided
by the Board. Unless the Department of Roads of the Province of Quebec speci-
fically consents to the construction of a grade separation in the vicinity of 34th
Avenue, in lieu of subways at 55th Avenue, the said Department of Roads shall
not be bound to contribute towards the cost of a grade separation in the vicinity
of 34th Avenue.
8. Upon completion of the works authorized at Upper Lachine Road and
Maple Avenue the Applicant shall close, within the limits of its right of way,
the existing crossing at Maple Avenue in Ville St. Pierre, P.Q.
9. The Applicant is authorized to remove the station agent at Lachine, P.Q.
and the caretaker at Dixie, P.Q.
10. Upon completion of the diversion approved in paragraph numbered 1
of this Order, and the elimination of one track of the double track main line of
the existing Cornwall Subdivision between Montreal and Lachine, the Applicant
is authorized to remove the automatic protection presently installed at First,
Tenth and Eighteenth Avenues in Lachine, P.Q.
11. The City of Lachine shall pay to the Applicant the sum of $200,000.00
toward the cost of diverting the Applicant's Cornwall Subdivision as authorized
by this Order, thereby either totally or partially eliminating rail traffic over
145
seven (7) level crossings within the limits of the said City, all in accordance
with the terms and conditions contained in a memorandum of agreement to be
entered into between the City of Lachine and the Canadian National Railway
Company upon the issuance of this Order, a copy of said draft agreement being
on file with the Board.
12. Any public utility in the vicinity of any of the work authorized or
approved by this Order shall remove, relocate or protect, as the case may be,
its existing facilities to permit the said work, and the question of allocation of
the cost of removing, relocating or protecting the said public utilities is reserved
until such time as detailed estimates are received from the utilities concerned.
ROD KERR,
Chief Commissioner.
146
SUMMARY OF ORDERS ISSUED BY THE BOARD
97730 Apr. 24 — Amending Order No. 77766 in the matter of installing automatic
protection at the crossing of the C.N.R. and Church Lane, Niagara
Falls, Ont., Mileage 2.63 Grimsby Subd.
97731 Apr. 27 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
97732 Apr. 27 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 117.4 Skeena Subd., B.C.
97733 Apr. 27 — Approving proposed flammable liquid storage facilities of The
British American Oil Company Limited at Drummondville, P.Q.
97734 Apr. 27 — Removing the speed limitation of ten miles per hour at the crossing
of the C.N.R. and the highway at Mileage 8.72 Macleod Subd., Alta.
97735 Apr. 27 — Rescinding Order No. 73608 which approved the plan showing
facilities of Reliance Petroleum Limited for the handling and storage
of flammable liquids at Toronto, Ont., near the C.N.R.
97736 Apr. 27 — Dismissing application of the C.N.R. to remove the station agent at
South Durham, P.Q.
97737 Apr. 27 — Authorizing the Dominion Atlantic Railway Company to fill a
portion of the trestle approaches at its bridge at Mileage 0.27
Yarmouth Subd., N.S.
97738 Apr. 27 — Rescinding Order No. 61125 which approved the installation of
facilities of the Dept. of National Defence, Air Service, near the
C.P.R. at Calgary, Alta.
97739 Apr. 27 — Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Princeton, B.C.
97740 Apr. 27 — Authorizing Imperial Oil Limited to construct a pipe line across and
under the pipe line of the Westspur Pipe Line Company in Sec. 9,
Twp. 4, Rge. 6, W2M., Sask.
97741 Apr. 27 — Authorizing Imperial Oil Limited to construct a pipe line across
and under the pipe line of the Westspur Pipe Line Company in the
NWi Sec. 10, Twp. 4, Rge. 6, W.2M., Sask.
97742 Apr. 27 — Authorizing The Bell Telephone Company of Canada to construct an
underground conduit across and over the pipe line of Trans-Northern
Pipe Line Co. at Lawrence Ave. East between Lots 5 and 6, Con. 3,
East of Yonge St., in the Twp. of North York, Ont.
97743 Apr. 27— Approving Standard Freight Tariff C.T.C. No. 44, filed by the
Northern Transportation Company Limited under Section 18 of the
Transport Act.
97744 Apr. 27 — Authorizing the C.N.R. to remove the caretaker at Canfield, Ont.
97745 Apr. 27 — Relieving the C.P.R. from erecting right of way fencing at certain
mileages on its Emerson Subd, Man.
97746 Apr. 27 — Authorizing the C.P.R. to construct a siding extension at Mileage
87.09 Taber Subd., Cranford, Alta.
97747 Apr. 27 — Authorizing the Rural Munic. of Mantario No. 262, Sask. to con-
struct the highway over the C.N.R. at Mileage 29.96 Mantario Subd.
97748 Apr. 27 — Approving proposed flammable liquid storage facilities of Shell
Oil Company of Canada Limited at Burnaby, B.C.
97749 Apr. 27 — Authorizing the C.N.R. to reconstruct the east approach of their
bridge at Mileage 65.5 Wabamun Subd., Alta.
97750 Apr. 27 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Bounty, Sask.
97751 Apr. 27 — Authorizing the C.N.R. to remove the station agent at Hepburn,
Sask., and appoint a caretaker.
97752 Apr. 27 — Approving location of the station shelter proposed to be erected by
the C.N.R. at New Mills, N.B.
147
97753 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
97754 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97755 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97756 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97757 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97758 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97759 Apr. 28 — Approving tolls published in tariffs filed by the C.N.R. under
sections 3 and 8 of the Maritime Freight Rates Act.
97760 Apr. 28 — Dismissing application of the C.N.R. for authority to remove the
caretaker at Beadle, Sask.
97761 Apr. 28 — Authorizing the N.Y. Central Railroad Company to construct a
movable bridge over the upper lock of the Beauharnois Canal,
Soulanges Section of the St. Lawrence Seaway, at Melocheville,
P.Q.
97762 Apr. 28 — Authorizing the removal of the speed limitation at the crossing of
St. Dominique Road and the C.P.R. in the City of St. Hyacinthe,
P.Q., Mileage 24.9 St. Guillaume Subd.
97763 Apr. 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. east of the station at Danby, P.Q.,
Mileage 14.42 St. Hyacinthe Subd.
97764 Apr. 28 — Approving proposed liquefied petroleum gas storage facilities of
Canadian Propane (Ontario) Limited near Vermilion Bay, Ont.
97765 Apr. 29 — Requiring the C.N.R. to install automatic protection at the crossings
of Front St. and their Newmarket Subd., and Front St. and their
Midland Subd. or wye track, in the Town or Orillia, Ont.
97766 Apr. 29 — Authorizing the Town of Orillia to widen West St. where it crosses
the C.N.R. at Mileage 85.9 Newmarket Subd.
97767 Apr. 29 — Authorizing the Ontario Department of Highways to construct High-
way No. 401 over the C.P.R. by means of an overhead bridge in
Lot 20, Con. 6, Twp. of Blenheim, Co. of Oxford, Ont., Mileage 76.72
Gait Subd.
97768 Apr. 29 — Approving clearances at the overhead bridge in Lots 25 and 26,
Beasley's B.F. Cone. Twp. of Waterloo, Ont., Mileage 5.1 Waterloo
Subd., C.P.R.
97769 Apr. 29 — Authorizing the Ontario Department of Highways to construct
Highway No. 68 over the C.P.R. at Mileage 9.78 Little Current Subd.
97770 Apr. 29 — Approving revised Schedule "B" to Agreement between The Bell
Telephone Company of Canada and Canadian Overseas Telecom-
munication Corporation.
97771 Apr. 29 — Approving application of the C.P.R. for approval of the clearances
at the overhead bridge in Lot 7, Con. 1, Township of Waterloo, Ont.,
Mileage 1.91 Hespeler Subd.
97772 Apr. 29 — Authorizing the New Brunswick Dept. of Public Works to recon-
struct subway over the main line of C.N.R. near Plaster Rock, N.B.,
mileage 47.91, Grand Falls Subd.
97773 Apr. 29 — Approving application of the Munic. of the Twp. of Carling, Ont.,
for an Order declaring the crossing of the highway and the C.P.R.
at Mileage 35.32 Parry Sound Subd., to be a public crossing.
97774 Apr. 30 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
148
97775
97776
97777
97778
Apr. 30 — Authorizing the C.P.R. to remove the caretaker and the station
building at Orton, Ont.
Apr. 30 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Lauzon Road, Township of Sandwich East, Ont.,
mileage 104.71 Windsor Subd.
Apr. 30 — Authorizing the C.N.R. to install automatic protection in lieu of the
existing manually operated protection at crossing of their railway and
King Street, Sherbrooke, P.Q., Mileage 46.94 Sherbrooke Subd.
Apr. 30 — Authorizing The Bell Telephone Company of Canada to construct
an 8-inch cable conduit across and under the pipe line of Trans-
Northern Pipe Line Company in the vicinity of Danforth and
Cambridge Aves., Toronto, Ont.
97779 Apr. 30 — Requiring the C.P.R. to install certain protection at the crossing
of the Toronto & York Roads Commission Road No. 7, Ontario,
Mileage 9.95 MacTier Subd.
97780 Apr. 30 — Authorizing the C.P.R. to make signal changes to the interlocker at
crossing of its railway and the C.N.R. at Carman, Man., Mileage 13.2
Carman Subd. (C.P.R.).
97781 May 1 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Hannibal St., Smiths Falls, Ont., Mileage 34.8 Smiths
Falls Subd.
97782 May 1 — Rescinding Order No. 57259 which approved location of facilities of
British American Oil Company Limited on the Brampton Subd.
of the C.N.R. at Malton, Ont.
97783 May 1 — Extending the time within which automatic protection is to be
installed at crossing of the Niagara, St. Catharines and Toronto
Rly. and Fitch St., in Welland, Ont, Mileage 15.77 Welland Subd.
97784 May 1 — Authorizing the C.N.R. to replace the west end timber approach of
the Lagauchetiere bridge in Montreal, P.Q, with a permanent
concrete construction, as shown on plan.
97785 May 1 — Authorizing the Algoma Ore Properties Limited to construct a rope-
way and a protection bridge over the Algoma Central and Hudson
Bay Railway Company just east of Jamestown Yard, Ont.
97786 May 1 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Balsam St., Collingwood, Ont, Mileage 32.45 Meaford
Subd.
May 1 — Approving tolls published in tariffs filed by the C.P.R. under Sec-
tions 3 and 8 of the Maritime Freight Rates Act.
May 1 — Ordering each Canadian railway company subject to the jurisdiction
of the Board to have reflective markings placed on each side of
each of its new box cars delivered to it during the period May 1,
1959 to Dec. 31, 1960, etc.
Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Alma St. at Hebertville, P.Q, Mileage 85.84 Jonquiere
Subd.
May 1 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 23.74 Haliburton Subd, Ont.
May 1 — Approving proposed flammable liquid bulk storage facilities of
Mervin Co-operative Association Limited at Mervin, Sask.
May 1 — Authorizing the Northern Alberta Railways Company to operate
over the bridge at Mileage 50.3 Grande Prairie Subd, City of Grande
Prairie, Alta.
97793 May 1— Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 4 where it crosses the main line of the C.P.R.
at Mileage 22.82 McMorran Subd.
97794 May 1 — Rescinding Order 70764 which approved location of facilities of
Haldimand Farmers Co-operative Assoc. for the storage of flammable
liquids near the C.N.R. at Cayuga, Ont.
97787
97788
97789 May 1—
97790
97791
97792
149
97795 May 1-
97796 May 1-
97797 May 1-
97798 May 1-
97799 May 1—
97800 May 1-
97801 May 1-
97802 May 4-
97803 May 4-
97804 May 4-
97805 May 4-
97806 May 4-
97807 May 5—
97808 May 5-
97809 May 5-
97810 May 5-
97811 May 5-
97812 May 4-
97813 May 4—
Extending the time within which the C.N.R. are required to install
automatic protection at Mileage 11.27 Togo Subd., Ashville, Man.
Authorizing the Indian Affairs Branch of the Dept. of Citizenship and
Immigration to construct the highway over the C.N.R. and the
highway at Mileage 135.87 Fraser Subd., B.C.
Authorizing the C.P.R. to remove the caretaker at Bender, Sask.
Authorizing the City of Regina, Sask., to construct an underground
encased electric cable over the C.P.R. at Winnipeg St., Regina, Sask.,
Mileage 87.92 Tyvan Subd.
Authorizing The Bell Telephone Company of Canada to construct an
underground telephone conduit over the pipe line of Trans-Northern
Pipe Line Company in the road allowance between Lots 25 and 26,
Con. 3, South of Dundas St., Twp. of Trafalgar, Ont.
Approving liquefied petroleum gas bulk storage facilities of Boundary
Electric Limited at Grand Forks, B.C.
Authorizing the C.N.R. to install automatic protection at the crossing
of their railway and St. Charlotte Range Road, P.Q., Mileage 117.22
Drummondville Subd.
Authorizing the C.P.R. to remove the caretaker at Savanne Station,
Ont.
Approving temporary flammable liquid storage facilities of Imperial
Oil Limited at Lauretta, B.C., Mileage 110 Mountain Subd.
Rescinding Orders 74795 and 78094 which approved the location of
facilities of Imperial Oil Limited near the tracks of the C.N.R. at
Leslieville, Alta.
Dismissing application of the C.N.R. for authority to close as an
agency the station at Omemee, Ont.
Rescinding Order No. 65431 which approved the location of additional
bulk storage tank and pipe lines of Canadian Oil Companies Limited
at Melfort, Sask.
Authorizing the C.P.R. to construct a private siding to serve Western
Canada Steel Limited, across South Kent Ave., in Vancouver, B.C.,
Mileage 1.66 Westminster Branch of the Vancouver and Lulu Island
Railway.
Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. east of station at St. Philippe de Neri,
P.Q., Mileage 31.27 Montmagny Subd.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Rockglen, Sask., Mileage 36.2 Fife
Lake Subd.
Authorizing the Twp. of North York to construct a storm sewer
across and under the pipe line of Trans Northern Pipe Line Company
between Lots 103 and 104 of Registered Plan M. 789, in the Twp. of
North York, Ont., formerly in Lot 20, Con. 2, East of Yonge St.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Howley, Nfld., Mileage 356.43 Bishop's
Falls Subd.
Authorizing the Town of Prescott to construct Edward Street over
the C.N.R. by means of an overhead bridge in lieu of the existing
level crossing at this point, Prescott, Ont., Mileage 113.44 Cornwall
Subd.
Authorizing the Town of Brockville to construct William Street over
the four tracks of the C.N.R. and one track of the C.P.R. by means
of an overhead bridge, in lieu of the existing level crossing at this
point, in Brockville, Ont.
150
97814 May 5 — In the matter of the application of the C.N.R. for an Order under
subsections (1) and (5) of section 253 of the Railway Act, for
exemption of certain bridges, tunnels, erections and structures from
the operation of said subsection (1).
97815 May 6 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under section 8 of the Maritime Freight Rates Act.
97816 May 6 — Authorizing the Trans-Northern Pipe Line Company to encase its
existing pipe line where it crosses under the Windermere Cut-Off,
in the City of Hamilton, Ont.
97817 May 6 — Authorizing the Trans-Northern Pipe Line Company to open for the
transportation of petroleum and petroleum products that portion of
its pipe line which was relocated at a certain point shown on Draw-
ing C4-662, dated Dec. 31, 1958.
97818 May 6 — Authorizing Trans-Northern Pipe Line Company to open for the
transportation of petroleum and petroleum products that portion of
its pipe line which was relocated as authorized by Order No. 97257,
dated March 2, 1959.
97819 May 6 — Authorizing Trans-Northern Pipe Line Company to open for the
transportation of petroleum and petroleum products that portion of
its pipe line which was relocated as authorized by Order 97496,
dated April 2, 1959.
97820 May 6 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in the City of Revelstoke, B.C., Mileage
0.9 Shuswap Subd.
97821 May 6 — Approving proposed flammable liquid storage facilities of the C.P.R.
at Woodstock, Ont.
97822 May 6 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Royale St., Louiseville, P.Q., Mileage 62.08 Three
Rivers Subd.
97823 May 6 — Requiring the C.P.R. to install automatic protection at the crossing of
its railway and Cap Sable Road, in the Village of Pont Rouge, P.Q.,
Mileage 135.32 Quebec Subd.
97824 May 6 — Authorizing the Township of Plummer Additional, Ont., to improve
the approach grade on the south side of the crossing of the highway
and the C.P.R. at Mileage 89.75 Thessalon Subd.
97825 May 6 — Authorizing the City of Oshawa to construct Summerville Ave. over
the Oshawa Railway Company, at Mileage 4.5, Oshawa, Ont.
97826 May 6 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Provincial Highway No. 7, Mileage 18.88 Uxbridge
Subd., Ont.
97827 May 6 — Authorizing the Sask. Dept. of Highways to widen Highway No. 9
where it crosses the Interprovincial Pipe Line Co.'s pipe line at
certain locations in the Province of Sask.
97828 May 6 — Authorizing the Sask. Power Corp. to construct an aerial transmis-
sion line over the pipe line of Trans-Canada Pipe Lines Limited, in
Sec. 32, Twp. 19, Rge. 25, W.3M., Sask.
97829 May 6— Authorizing the Ontario Dept. of Highways to construct Highway
No. 400 over the C.N.R. by means of an overhead bridge at Mileage
98.44 Bala Subd., Twp. of Matchedash, Ont.
97830 May 6 — Authorizing the Saskatchewan Power Corporation to construct an
aerial transmission line over and under the pipe line of Trans-
Canada Pipe Lines Limited in Sec. 33, Twp. 19, Rge. 25, W.3M., Sask.
97831 May 6 — Approving clearances on the proposed track to serve Acadia Foods
Limited at New Mines, N.S., Mileage 52.95 Halifax Subd. of the
Dominion Atlantic Railway Company, C.P.R.
97832 May 6 — Authorizing the removal of the speed limitation at the crossing of
Waddington Road and the Esquimalt and Nanaimo Railway Company
near Northfield, B.C., Mileage 74.48 Victoria Subd.
151
97833 May 6 — Authorizing the Sask. Power Corporation to construct an aerial
transmission line over the pipe line of Trans-Canada Pipe Lines
Limited in Sec. 36, Twp. 19, Rge. 26, W.3M.
97834 May 6 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Torrington, Alta.
97835 May 6 — Approving revisions to tariffs filed by the Canadian National
Telegraphs.
97836 May 6 — In the matter of a re-hearing of the original application of The
Hydro-Electric Power Commission of Ontario and the C.N.R. for
leave to construct the deviated line of railway over the highways
between Mileages 85.70 and 105.19 Cornwall Subd., but with respect
only to crossings known as crossings 11 to 18 inclusive, and in the
matter of apportionment of cost.
97837 May 6 — In the matter of apportionment of cost of reconstructing and
strengthening the C.P.R. bridge over the Keministiquia River in Fort
William, Ontario.
97838 May 6 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
97839 May 7 — Relieving the C.N.R. from erecting right of way fencing on both sides
of their right of way between Mileages 10.41 and 13.06 Brampton
Subd., Twp. of Etobicoke, Ont.
97840 May 7 — Approving revised Appendix "A" to Traffic Agreement between The
Bell Telephone Company of Canada and The Metcalfe Rural Tele-
phone Company Limited.
97841 May 7 — Approving tolls published in supplement No. 3 to Agreed Charge
Tariff filed by the Canadian Freight Association, under sections 3
and 8 of the Maritime Freight Rates Act.
97842 May 7 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
97843 May 7 — Approving revised Appendix "A" to Traffic Agreement between The
Bell Telephone Company of Canada and The Monk Rural Telephone
Company Limited.
97844 May 7 — Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Leitch St., City of Cranbrook, B.C., Mileage 98.8 Cran-
brook Subd.
97845 May 7 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway in Chambord, P.Q., Mileage 0.54
Roberval Subd.
97846 May 7 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and des Forges Road in St. Michel des Forges, P.Q.,
Mileage 9.8 St. Maurice Valley Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
transport C^^t^ion^s <or Canaba
VflL
Judgments, Orders, R^i^ti0ttW~and Rulings
Vol. XLIX OTTAWA, JUNE 15, 1959 No. 6
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
ORDER No. 97931
In the matter of the application of E. E. Cooper of Fort Nelson, in the Province
of British Columbia, hereinafter called the "Applicant" ', for a licence,
under section 10 of the Transport Act:
File No. 42076.50
Tuesday, the 19th day of May, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence C.T.C. (W.T.) 360 is issued to the Applicant for the period of one
year terminating on the 9th day of February, 1960, licensing the following
ships, namely:
Official Gross
Vessel Name Registry No. Tonnage
Barge No. 101 Not registered 25 (est.)
Barge No. 102 Not registered 25 (est.)
to transport goods by water between all ports and places on the Nelson and
Liard Rivers situated between Fort Nelson, British Columbia, and Fort Simpson,
N.W.T. inclusive.
H. H. GRIFFIN,
Assistant Chief Commissioner.
155
71780-1
156
ORDER No. 97954
In the matter of the application of Canada Steamship Lines Limited for an
Order extending the eastern limits of operation of certain of its licensed
vessels from Prescott, Ontario to the west end of the Island of Orleans:
And in the matter of Order No. 97646, dated April 16, 1959, as amended by
Order No. 97726, dated April 24, 1959:
File No. 42076.4.2
Thursday, the 21st day of May, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Order No. 97646, dated April 16, 1959, as amended by Order No. 97726,
dated April 24, 1959, is further amended by striking out the words "Prescott,
Ontario" in paragraph numbered 2 of the said Order and substituting therefor
the words "the west end of the Island of Orleans".
H. H. GRIFFIN,
Assistant Chief Commissioner.
ORDER No. 97975
In the matter of the application of Canada Steamship Lines Limited for an
Order extending the eastern limits of operation of certain of its licensed
vessels from Prescott, Ontario, to the west end of the Island of Orleans:
And in the matter of Order No. 97647, dated April 16, 1959:
File No. 42076.4.5
Thursday, the 21st day of May, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Order No. 97647, dated April 16, 1959, is amended by striking out the
words "Prescott, Ontario" in paragraphs numbered 1 and 2 of the said Order
and substituting therefor the words "the west end of the Island of Orleans".
H. H. GRIFFIN,
Assistant Chief Commissioner.
157
ORDER No. 97998
In the matter of the application of the Yellowknife Transportation Company
Limited, under section 18 of the Transport Act, for approval of Standard
Freight Tariff C.T.C. No. 22, on file with the Board under file No. 42082.30:
Friday, the 22nd day of May, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
The said Standard Freight Tariff C.T.C. No. 22, on file with the Board
under file No. 42082.30, is approved.
H. H. GRIFFIN,
Assistant Chief Commissioner.
ORDER No. .98029
In the Matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076.4.2
Wednesday, the 27th day of May, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
It is hereby ordered as follows:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 361 is issued to the Canada
Steamship Lines Limited licensing, for the period of one year commencing
January 15, 1959, the following ship to transport goods by water between all
ports and places in Canada on Lakes Ontario, Erie, Huron (including Georgian
Bay), and Lake Superior, and their connecting waters, including the St.
Lawrence River and its tributaries as far seaward as the west end of the Island
of Orleans.
Official Gross
Vessel Name Registry No. Tonnage
Metis 198480 2332.13
H. H. GRIFFIN,
Assistant Chief Commissioner.
71780-1— 1£
158
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
MARCH, 1959.
Railway Accidents 181 Killed 13 Injured 174
Level Crossing Accidents 42 Killed 12 Injured 54
Total 223 25 228
Killed Injured
Passengers — 23
Employees 5 149
Others 20 56
Total 25 228
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
— 1 Pedestrian struck by train.
Nova Scotia
— 1 Pedestrian struck by train.
— 2 Oil tank truck struck by train. Licence: N.S. C-4353.
New Brunswick
1 1 Auto truck struck by train. Licence: N.B. C-34559.
— 1 Auto truck ran into side of train. Licence: N.B. C-10203.
Quebec
1 Pedestrian struck by R. D. car.
1 Track motor car struck by automobile. Licence: Que. 491-348.
1 Auto truck ran into side of train. Licence: NY 422-474.
— 1 Tractor trailer struck by train. Licence: Que. L-1093.
— 3 Automobile struck by train. Licence: Que. 519-277.
1 1 Automobile struck by train. Licence: Que. T-9121.
3 3 Automobile struck by train. Licence: Que. 522-246.
— 1 Automobile struck by train. Licence: Que. 608-194.
— 1 Automobile struck by train. Licence: Que. T-775.
— 1 Automobile struck by train. Licence: Que. 346-318.
1 1 Auto truck struck by train. Licence: Que. N-36188.
Ontario
— 1 Auto truck struck by train. Licence: Ont. 21116-C.
— 1 Automobile struck by train. Licence: Ont. F-29275.
— 1 Automobile ran into side of train. Licence: Ont. 463-991.
— 1 Automobile struck by train. Licence: Ont. K-495690.
1 — Pedestrian struck by train.
— 1 Automobile ran into side of train. Licence: Ont. J-10577.
1 6 Automobile struck by train. Licence: Ont. C-99-822.
— 1 Automobile struck by train. Licence: Ont. 928000.
— 1 Auto truck ran into side of train. Licence: Ont. 89138-A.
— 1 Tractor trailer struck by train. Licence: Ont. 17158-T.
— 1 Motor Scooter ran into side of train. Licence: Ont. 7504-MC.
— 1 Tractor trailer struck by train. Licence: Ont. 18-502-B.
159
Ontario — Cone.
Killed Injured
1 2 Automobile ran into side of train. Licence not given.
1 — Automobile struck by train. Licence not given.
— 2 Automobile ran into side of train. Licence: Ont. 969-412.
— 1 Automobile ran into side of train. Licence: Ont. 926-896.
1 — Child struck by train.
— 1 Automobile struck by train. Licence: Ont. 742-102.
Manitoba
— 1 Automobile ran into side of train. Licence: Sask. 36-785.
— 3 Track motor car struck by automobile. Licence: Man. LIV-518.
— 1 Auto truck struck by train. Licence: Man. T-10355.
Saskatchewan
1 1 Automobile struck by train. Licence: Mont. 50321.
— 1 Automobile struck by train. Licence: Sask. 134-921.
Alberta
— 1 Auto truck struck by train. Licence: Alta. 120-741.
British Columbia
— 1 Automobile struck by train. Licence: B.C. 405-322.
— 2 Automobile struck by train. Licence: B.C. 313923.
Of the 42 accidents at highway crossings, 26 occurred at unprotected crossings,
16 at protected crossings, 25 occurred after sunrise and 17 after sunset.
Ottawa, Ontario, May 22, 1959.
160
SUMMARY OF ORDERS ISSUED BY THE BOARD
97847 May 7 — Authorizing the Munic. of Metropolitan Toronto to widen Cherry St.
and Fleet St. where they cross the C.N.R.
97848 May 7 — Permitting the removal of slow Order at C.P.R. crossing at Crow
Lake, Ont., mileage 34.16, Belleville Subd.
97849 May 7 — Permitting the removal of slow Order at C.P.R. crossing at Haycroft,
Ont., mileage 85.92, Windsor Subd.
97850 May 7 — Authorizing the C.N.R. to remove the caretaker at station building
at Grand Ligne, P.Q.
97851 May 7 — Dismissing the application of the N.Y.C. Rlr. Co. to remove station
agent at Ridgetown, Ont.
97852 May 7 — Authorizing the C.P.R. Co. to remove the caretaker at Keppel, Sask.
97853 May 7— Amending Order No. 82512 which authorizes the City of Fort William,
Ont.* to divert Kingsway Road to connect with Arthur St. near the
right-of-way of the C.N.R.
97854 May 7 — Authorizing the C.N.R. to operate their trains through the inter-
locker near Carman, Man., which crosses the C.P.R.
97855 May 8 — Permitting the removal of slow Order at C.N.R. crossing east of
Station at Red Rock, Ont.
97856 May 8 — Approving under the Maritime Freight Rates Act tolls published in
Supplement to Tariff filed by the Sydney and Louisburg Rly. Co.
under Section 8.
97857 May 7 — Authorizing the C.N.R. to make changes in the signals between
Brantford and Paris Junction, Ont.
97858 May 8 — Authorizing the C.N.R. to discontinue passenger train service between
Moncton and Point du Chene, N.B.
97859 May 8 — Approving under the Maritime Freight Rates Act tolls published in
Agreed Charge Tariff filed by the Canadian Freight Assoc.
97860 May 8 — Requiring the C.N.R. to install certain protection at the crossing of
the Highway east of the station at Cap St. Ignace, P.Q., mileage 71.15,
Montmagny Subd.
May 8 — Authorizing the C.N.R. to remove the station agent at Peesane, Sask.
May 8— In the matter of filing of tariffs by The Bell Telephone Co. of Canada.
May 8 — In the matter of filing of tariffs by The Bell Telephone Co. of Canada.
May 8 — In the matter of the application of C.N.R. on behalf of Progas Ltd.,
for approval of their loading facilities for the transferring of
liquefied petroleum gas directly from tank truck to tank car at
Acheson, Alta., mileage 14.2, Wabamun Subd.
May 11 — Approving under the Maritime Freight Rate Act tolls published in
Tariff filed by the Canada and Gulf Terminal Rly. Co. under Sec. 8.
May 11— In the matter of the application dated April 29, 1959, from the C.N.R.
on behalf of Gibson Petroleum Co. Ltd., for approval of its crude
oil loading facilities at Kipling, Sask., mileage 0.41 Glenavon Subd.
97867 May 11 — In the matter of the application of C.N.R. on behalf of Gibson
Petroleum Co. Ltd., for approval of its proposed crude oil loading
facilities at Pollockville. Alta., mileage 39.3 Sheerness Subd.
97868 May 11 — Authorizing the Alta. Dept. of Highways to widen Highway No. 21
across the company pipe lines of Interprovincial Pipe Line Co.
at a certain location in the Province of Alberta.
97869 May 11 — Requiring the C.N.R. to install certain protection at the crossing of
Boveri Blvd., St. Johns, P.Q.
97870 May 11— In the matter of the application dated April 30, 1959, from the C.N.R.
on behalf of Imperial Oil Ltd., for approval of its flammable liquid
bulk storage facilities at Calong, Ont., mileage 99.81 Caramat Subd.
97861
97862
97863
97864
97865
97866
161
97871 May 11 — In the matter of Order No. 71905, dated Jan. 21, 1949, approving the
proposed location of facilities of Canadian Oil Companies Ltd., for
the handling and storage of flammable liquids near the right of way
of the C.N.R. at Humboldt, Sask.
97872 May 11— In the matter of Orders Nos. 63977, dated Sept. 10, 1943, and 64171,
dated Nov. 9, 1943, approving location of facilities of Canadian Oil
Companies Ltd., near the tracks of C.N.R. at Edmonton, Alta.
97873 May 11 — Dismissing the application of the C.N.R. to remove the caretaker at
Leross, Sask.
97874 May 11— In the matter of Order No. 97468, dated March 31, 1959, authorizing
the City of Toronto to construct a subway at the crossing of Syming-
ton Ave. and the railway of the C.P.R. Co. in the City of Toronto,
Ont., mileage 5.41, North Toronto Subd.
97875 May 11 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 43 where it crosses the C.N.R. at mileage 75.75,
Gravelbourg Subd.
97876 May 11 — In the matter of the application of C.P.R. Co. for an Order extending
the time v/ithin which it is required by Order No. 96217, dated
Nov. 7, 1958, to install automatic protection at the crossing of its
railway and Haines Road, Twp. of Toronto, Ont., mileage 13.62.
Gait Subd.
97877 May 11 — Authorizing the C.N.R. to operate their trains over the St. Louis
vertical lift bridge crossing the Beauharnois Canal at mileage 44.2,
Alexandria Subd., P.Q.
97878 May 11 — Authorizing the N.Y.C. Rlr. Co. to operate its trains over the vertical
lift bridge south of Valleyfield, P.Q.
97879 May 11 — Relieving the C.P.R. Co. from erecting cattle guards at certain
crossings on its Stewart Valley Subd., Sask.
97880 May 12 — Approving under the Maritime Freight Rates Act tolls published in
Tariff filed by the C.P.R. Co. under Section 8.
97881 May 12 — In the matter of Order No. 94426, dated May 27, 1958, amending
Rule 3 of the Canadian Car Demurrage Rules, Order No. 94888,
dated July 14, 1958, suspending the said amendment, and Order
No. 97434, dated March 25, 1959, rescinding Order No. 94888 and
restoring the said amendment.
97882 May 12 — Approving under the Maritime Freight Rates Act tolls published
in certain tariffs filed by the C.N.R. under section 3.
97883 May 13 — Authorizing the C.N.R. to divert its line between mileages 7.6 and
10.2 Cornwall Subd., in the Cities of Dorval and Lachine, P.Q.
97884 May 13 — Approving certain plans showing details of overhead bridge carrying
Don Valley Parkway across C.N.R. in the Munic. of Metropolitan
Toronto, Ont.
97885 May 13 — In the matter of the application of C.P.R. Co. for approval of pro-
posed flammable liquid bulk storage facilities at Guelph, Ont.,
mileage 30.8, Goderich Subd.
97886 May 13 — In the matter of the application dated April 29, 1959, from the
C.N.R. on behalf of the North Star Oil Ltd., for approval of its
flammable liquid bulk storage facilities at Edmonton, Alta., mileage
0.83, "Y" line Edmonton Terminal Subd.
97887 May 13— In the matter of the application of C.P.R. Co. on behalf of Standard
Oil Co. of B.C., for approval of flammable liquid bulk storage facili-
ties at Penticton, B.C.
97888 May 13— In the matter of the application of C.N.R. on behalf of the Dept.
of National Defence (R.C.A.F.) for approval of additional flammable
liquid bulk storage facilities at St. Hubert, P.Q., St. Hyacinthe Subd.
162
97889 May 13— In the matter of the application of the C.N.R. on behalf of Kelso
Co-operative Assoc. Ltd., for approval of its flammable liquid bulk
storage facilities at Kelso, Sask., mileage 96.94 Cromer Subd.
97890 May 13 — Requiring the C.N.R. to install certain protection at the crossing of
Main St., Acton, Ont., mileage 36.2 Brampton Subd.
97891 May 13 — Requiring the C.P.R. to install certain protection at the crossing of
Highway No. 39, Prov. of Quebec, mileage 17.65 Drummondville
Subd.
97892 May 13 — Requiring the C.P.R. Co. to install certain protection at the crossing of
Banwell Road, Twp. of Sandwich East, Ont., mileage 103.67, Windsor
Subd.
97893 May 13 — In the matter of filing of tariffs by The Bell Telephone Co. of Canada.
97894 May 13 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 6 which crosses the C.P.R. at mileage 83.34
Melfort Subd., Sask.
97895 May 13 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 4 where it crosses the C.N.R. at mileage 69.3.
Rosetown Subd., Sask.
97896 May 14 — Requiring the C.N.R. to install certain protection at the crossing
of 4th Range Road, mileage 16.60, Batiscan Subd.
97897 May 14 — In the matter of the application of the Wabash Rlr. Co. hereinafter
called the "Applicant Company", for approval of a resolution adopted
by the Board of Directors of the Applicant Company on April 16,
1959, authorizing the Chief of Tariff Bureau of the Applicant Com-
pany to prepare and issue tariffs of the tolls to be charged by the
Applicant Company, and to submit the same to the Board.
97898 May 14 — Authorizing the Federal Dept. of Public Works to construct the
highway across the C.P.R., Prov. of Alberta, mileage 123.98, Laggan
Subd.
97899 May 14 — In the matter of Order No. 73607, dated Dec. 8, 1949, approving the
location of facilities of the British American Oil Co. Ltd. for the
handling and storage of flammable liquids near the tracks of the
C.N.R. at Exeter, Ont.
97900 May 14 — Permitting the removal of slow Order at C.P.R. crossing in Pilot
Butte, Sask,, mileage 84.58, Indian Head Subd.
97901 May 15 — In the matter of consideration of the question of the cost of con-
struction of the overhead bridge authorized by Order No. 90799,
dated January 14, 1957, across the right of way of C.P.R. Co., at
mileage 130.3 Laggan Subd., B.C., and in the matter of Order No.
91080, dated February 28, 1957.
97902 May 15 — In the matter of consideration of the question of the cost of con-
struction of the overhead bridge authorized by Order No. 90810,
dated January 28, 1957, across the right of way of C.P.R. Co., B.C.,
at mileage 132.83, Laggan Subd., and in the matter of Order No.
91079, dated February 28, 1957.
97903 May 15— In the matter of Order No. 88511, dated April 5, 1956, authorizing the
Dept. of Public Works of Canada to construct and maintain the
Trans Canada Hwy. across the right-of-way of C.P.R. Co. by means
of an overhead bridge, mileage 1.64 Mountain Subd., B.C., and in
the matter of Order No. 90586, January 7, 1957.
97904 May 15 — Permitting the removal of slow order at C.P.R. crossing west of St.
Vincent de Paul, P.Q., mileage 4.76, Trois-Rivieres Subd.
97905 May 15 — Authorizing the C.P.R. to remove the caretaker at Wellwood, Man.
97906 May 15— In the matter of the application of the B.T.C. of Canada for approval
of supplement No. 1 to traffic agreement between it and the Tele-
phone System of the Municipality of the Twp. of Johnson.
163
97907 May 15 — In the matter of the application of the Northern Alberta Railways
Co., for approval of revised plan showing details of the west approach
to the bridge over the East Prairie River, Alta., mileage 288.1, Slave
Lake Subd.
97908 May 15 — In the matter of the application of the B.T.C. of Canada for approval
of traffic agreement between it and the Telephone System of the
Municipality of the Twp. of Humphrey.
97909 May 15 — In the matter of the application of C.N.R. for an Order rescinding
Order No. 57364 dated May 2, 1939, approving clearances of trolley
wire owned by the Quebec Railway, Light & Power Co., at
Limoilou, P.Q., mileage 0.4, Batiscan Subd.
97910 May 15 — In the matter of application of the B.T.C. of Canada for approval
of supplement No. 3 to traffic agreement between it and the Oro
Telephone Co. Ltd.
97911 May 15 — Authorizing the C.N.R. to remove the station agent at Humber-
mouth, Nfld.
97912 May 15 — Authorizing the B.C. Electric Co. to construct a gas main across the
tracks of the C.P.R. Co. by fixing it to the highway bridge over
the railway at mileage 114.64, Cascade Subd., B.C.
97913 May 15 — Permitting the removal of slow order at the Chesapeake & Ohio
Railway Company and Howard-Harwich Town Line Road, Ridge-
town, Ont.
97914 May 15 — Authorizing the C.N.R. to lengthen the eastern approach track
circuit for the protection installed at the crossing of Sir Wilfrid
Laurier Boulevard, Greenfield Park, Que., mileage 6.34, Granby Subd.
97915 May 15 — Authorizing the C.P.R. Co. to remove the caretaker at Kinley, Sask.
97916 May 15 — In the matter of application of C.N.R. on behalf of The British
American Oil Co., Ltd., for approval of flammable liquid bulk
storage facilities at Chatham, N.B., mileage 7.40 Loggieville Subd.
97917 May 15 — In the matter of application of The B.T.C. of Canada for approval
of supplement No. 1 to Traffic Agreement between it and the Iron
Bridge Telephone Co. Limited.
97918 May 15 — Authorizing the C.N.R. to remove the station building at Clarkboro,
Sask.
97919 May 15 — In the matter of the application of The B.T.C. of Canada for approval
of Supplement No. 2 to Traffic Agreement between it and The
Sunderland Telephone Co. Ltd.
97920 May 15 — In the matter of the application of The B.T.C. of Canada for
approval of Supplement No. 2, to Traffic Agreement between it and
The Commissioners for the Telephone System of the Municipality
of the Township of Haldimand.
97921 May 15 — Permitting the removal of slow order at C.N.R. crossing at Pointe
aux Trembles, P.Q., mileage 1.03, Longue Pointe Subd.
97922 May 15 — In the matter of Order 79556, dated Aug. 13, 1952, approving the
facilities of Mr. O. R. Berg for the handling and storage of flammable
liquids near C.N.R. tracks at Ardmore, Alta.
97923 May 15 — In the matter of the application dated May 6, 1959, from the C.P.R.
Co., on behalf of the Gibson Petroleum Co. Ltd., for approval of its
proposed flammable liquid bulk storage facilities at Carievale, Sask.,
mileage 89.8, Estevan Subd.
97924 May 15 — In the matter of the application of C.N.R. on behalf of Shell Oil
Co. of Canada Ltd., for approval of flammable liquid bulk storage
facilities at Chandler, P.Q., mileage 46.07, Chandler Subd.
97925 May 15 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 83, at Scarth, Man., mileage 47.67 Cromer Subd.
97926 May 19 — Approving under the Maritime Freight Rates Act tolls published in
Tariff filed by the C.P.R. Co. under Section 8.
164
97927 May 19 — Authorizing the Man. Dept. of Public Works to construct the
Metropolitan-Winnipeg By-Pass of the Trans-Canada Highway as a
dual highway across the C.N.R. in the Parish of St. Charles, Man.,
mileage 3.55, Harte Subd.
97928 May 19 — Requiring the C.N.R. to install certain protection at the crossing
of Cousins St., St. Johns, P.Q.
97929 May 19 — Requiring the C.P.R. Co. to install certain protection at the crossing
of Manhattan Ave., Winnipeg, Man.
97930 May 19— In the matter of Order 56676, dated Nov. 14, 1958, approving the
location of facilities of the British American Oil Co. Ltd., for the
handling and storage of flammable liquids near the right of way of
the C.N.R. at Nokomis, Sask.
97931 May 19 — In the matter of the application of E. E. Cooper at Fort Nelson,
B.C., for a licence, under section 10 of the Transport Act.
97932 May 19— In the matter of the application of The B.T.C. of Canada for approval
of Supplement No. 1 to Service Station Contract between it and the
Gatineau Power Company.
97933 May 19 — In the matter of the application of The B.T.C. of Canada for approval
of Supplement No. 1 to Traffic Agreement between it and The
Commissioners for the Telephone System of the Municipality of the
Twp. of St. Joseph.
97934 May 19— In the matter of the application of The B.T.C. of Canada for approval
of 4th Revised Schedule "B", to Agreement between it and Canadian
Overseas Telecommunication Corporation.
97935 May 19 — Authorizing the Public Utilities Commission of Burlington to con-
struct a water main under the company pipeline of Trans-Northern
Pipe Line Company at Woodview Road, Burlington, Ont.
97936 May 19— In the matter of Order 97576 dated April 10, 1959, authorizing the
Dept. of Public Works of Man. to construct the North Perimeter
Highway at grade across the right of way and track of the C.P.R.
Co., Parish of St. Pauls, Man., mileage 5.77 Winnipeg Beach Subd.
97937 May 19 — In the matter of the application of the C.P.R. Co. for approval of
Drawing No. 1 showing details of the subway carrying Victoria
Ave. across right of way of the C.P.R. Co., Montreal, P.Q., in lieu
of Plan No. 57-503, which was approved under Order 97551.
97938 May 19 — In the matter of the application of the C.N.R. for an Order extend-
ing the time within which they are required by Order 96190 to
install two flashing light signals, two short arm gates and one bell
at the crossing of their railway and McGuires crossing, N.S., mileage
16.02, Bedford Subd.
97939 May 19 — Dismissing the application of the C.N.R. for authority to remove the
station agent and appoint a caretaker commission agent at Rochester,
Alta.
97930 May 19 — Authorizing the Sask. Dept. of Highways and Transportation to
widen Highway No. 18 across the C.N.R. at mileage 19.2 Northgate
Subd.
97941 May 19 — Permitting the removal of slow order at C.N.R. crossing at mileage
20.3, Harte Subd., Man.
97942 May 19 — Permitting the removal of slow order at C.N.R. crossing of Provincial
Highway No. 3, west of station at St. Francois du Lac, P.Q.
97943 May 19 — Approving location of special design station proposed to be erected
by C.N.R. at Thompson, Man.
97944 May 19 — Requiring the C.P.R. Co. to install certain protection at the crossing
of Beech St., Ottawa, Ont.
97945 May 20 — Approving under the Maritime Freight Rates Act tolls published in
Tariff filed by the C.N.R. under section 3.
97946 May 20 — Authorizing the Twp. of Essa to improve the sight lines at the C.N.R.
crossing at mileage 72.27, Milton Subd.
165
97947 May 20 — Requiring the C.N.R. to install certain protection at the crossing of
Highway No. 4 west of St. Thomas, Ont., mileage 2.61, Chatham
Subd.
97948 May 20 — Requiring the C.N.R. to install certain protection at the crossing of
Water Street, Newmarket, Ont., mileage 33.55, Newmarket Subd.
97949 May 20 — Authorizing the C.N.R. to make certain signal changes at the south
portal of the Mount Royal Tunnel, Montreal, P.Q.
97950 May 20 — Requiring the C.N.R. to install certain protection at the crossing of
Frontenac St., City of St. Johns, P.Q., mileage 25.00 Rouses Point
Subd.
97951 May 20 — Requiring the C.N.R. to install certain protection at the crossing of
Laurier St., City of St. Jean, P.Q., mileage 24.85 Rouses Point Subd.
97952 May 21— In the matter of Order No. 92541, dated Sept. 23, 1957, authorizing
C.P.R. Co. to reconstruct and lengthen the bridge over the highway
in the south half of Sec. 18, Twp. 46, Rge. 3, W5M., Alta., mileage
57.5, Hoadley Subd.
97953 May 21 — In the matter of filing of tariffs by The B.T.C. of Canada.
97954 May 21 — In the matter of the application of Canada Steamship Lines Ltd.,
for an Order extending the eastern limits of operation of certain of
its licensed vessels from Prescott, Ont., to the west end of the
Island of Orleans.
97955 May 21 — Authorizing Triad Oil Co. Ltd., to construct a private road over the
pipeline of Westcoast Transmission Co. Ltd., Peace River District,
B.C.
97956 May 21 — Permitting the removal of slow order at C.N.R. crossing at mileage
104.8, Yale Subd., B.C.
97957 May 21 — Authorizing the C.N.R. to operate under the overhead bridge in the
Twp. of Ops, Ont., mileage 85.19, Campbellford Subd.
97958 May 21 — Authorizing the Saskatchewan Power Corporation to construct a gas
main across the company pipelines of Interprovincial Pipe Line Co.,
in the Prov. of Sask.
97959 May 21 — Approving under the Maritime Freight Rates Act tolls published in
tariff filed by the C.P.R. Co. under section 8.
97960 May 21 — Permitting the removal of slow order at C.N.R. crossing at Hwy.
No. 17, west of station at Carp, Ont., mileage 20.11 Renfrew Subd.
97961 May 21 — Permitting the removal of slow order at C.P.R. crossing of Bridge
St., Almonte, Ont., mileage 23.98, Chalk River Subd.
97962 May 21— In the matter of the application of C.N.R. on behalf of Imperial Oil
Ltd., for approval of flammable liquid bulk storage facilities at St.
Boniface, Man., mileage 150.49, Sprague Subd., Winnipeg Terminals.
97963 May 21— In the matter of Order No. 73937, dated Feb. 8. 1950, approving
facilities of the Supreme Refineries Ltd. for the handling and storage
of flammable liquids near the tracks of the C.P.R., Ogden, Alta.
97964 May 21— In the matter of Order No. 67081, dated March 2, 1946, approving
location of facilities of Imperial Oil Ltd., near the tracks of C.P.R.
Co., at Hagen, Sask.
97965 May 21— In the matter of Order No. 63470, dated Apr. 15, 1943, approving
location of facilities of Imperial Oil Ltd., near the tracks of C.P.R.
Co., Linacre, Sask.
97966 May 21— In the matter of Orders Nos. 72381 and 68801, dated respectively,
May 11, 1949 and Apr. 8, 1947, approving location of facilities of
Norwich Co-Operative Ltd., near the C.N.R. at Norwich, Ont.
97967 May 21— In the matter of Order No. 64266, dated Dec. 4, 1943, approving loca-
tion of facilities of North Star Oil Ltd., near C.P.R. Co. at Fife Lake,
Sask.
166
97968 May 21— In the matter of Order No. 55882, dated May 10, 1938, approving
location of facilities of British American Oil Co. Ltd., near the C.P.R.
Co. at Wood Mountain, Sask.
97969 May 21— In the matter of Order No. 66015, dated May 17, 1945, approving
location of facilities of Imperial Oil Ltd., near the C.P.R. Co. at
McMahon, Sask.
97970 May 21 — Requiring the C.P.R. Co. to install certain protection at the crossing
of Hwy. No. 36 near Killam, Alta., mileage 25.56, Wetaskiwin Subd.
97971 May 21 — Requiring the C.N.R. to install certain protection at the crossing
of Joliette St., Montreal South, P.Q., mileage 2.18 Sorel Subd.
97972 May 21 — Requiring the C.N.R. to install certain protection at the crossing of
Hwy. No. 36, Two Hills, Alberta, mileage 87.66, Willingdon Subd.
97973 May 21— In the matter of the application of The Express Traffic Assoc. of
Canada for approval of proposed Supplement No. 11 to Express
Classification for Canada No. 9.
97974 May 21 — In the matter of the application of the C.N.R. for an Order extending
the time within which they are required by Order No. 96440, dated
Nov. 28, 1958, to install automatic protection at the crossing of their
railway and McCowan Road, mileage 323.63 Oshawa Subd., Ont.
97975 May 21 — In the matter of the application of Canada Steamship Lines Ltd.,
for an Order extending the eastern limits of operation of certain of
its licensed vessels from Prescott, Ont., to the west end of the
Island of Orleans.
97976 May 21 — Authorizing the Twp. of Balfour, Ont., to improve the approaches
to the highway crossing of the C.P.R. at mileage 93.7 Cartier Subd.
97977 May 21 — In the matter of the application of the C.N.R. for an Order extending
the time within which they are required by Order No. 96139 dated
Oct. 31, 1958, to install two flashing light signals and one bell at the
crossing of their railway and Windsor Junction Road at mileage 1.78,
Dartmouth Subd., N.S.
97978 May 21 — In the matter of Order No. 90814 dated Jan. 28, 1957, authorizing
C.P.R. and C.N.R. to install improved protection at the crossings of
their railways and Lawrence Ave., near Weston Stn., in the Munic.
of Metro. Toronto, Ont.
97979 May 22 — Authorizing the Northland Utilities Ltd. to construct a gas main
over the company pipeline of the Trans-Mountain Oil Pipe Line Co.
in the Prov. of Alberta.
97980 May 22 — In the matter of the application of C.N.R. on behalf of Imperial
Oil Ltd., for approval of flammable liquid bulk storage facilities at
Sillery, P.Q., Champlain Subd.
97981 May 22 — In the matter of the application of the Village of Amqui, P.Q., for
the installation of automatic protection at the crossing of the high-
way and the C.N.R. Village of Amqui, P.Q., mileage 60.82, Matapedia
Subd.
97982 May 22 — Requiring the C.P.R. to install certain protection at the crossing
of Dollard St., LaSalle, P.Q.
97983 May 22 — Authorizing Northland Utilities Limited to construct a gas main
under the company pipeline of Trans Mountain Pipe Line Co., in
the Prov. of Alberta.
97984 May 22 — Authorizing Sask. Power Corp. to construct an aerial transmission
line over the company pipeline of Trans Canada Pipeline Ltd., in
the Prov. of Sask.
97985 May 22— Authorizing the Munic. Corp. of Fort Coulonge, P.Q., to construct
a highway across the C.P.R. in the Twp. of Mansfield, County of
Pontiac, P.Q., at mileage 66.26, Waltham Subd.
97986 May 22— In the matter of the application of C.N.R. for authority to remove
the station agent at Port Hastings, N.S.
167
97987 May 22 — In the matter of the application of C.P.R. Co. for authority to remove
the caretaker at Beresford Stn., Man.
97988 May 22 — Authorizing the C.P.R. Co. to remove the caretaker and close the
station at Larchwood, Ont.
97989 May 22 — Authorizing the C.P.R. to remove the station building at Byng
Inlet, Ont.
97990 May 22 — Authorizing the C.P.R. to remove the caretaker at Uren, Sask.
97991 May 22 — Authorizing the C.P.R. to remove the station agent at Verio, Sask.
97992 May 22 — Requiring the Sydney and Louisbourg Railway Co. to install certain
protection at Mackie's crossing in Gardiner Mines, N.S.
97993 May 22 — Authorizing the C.P.R. to construct the highway across its right-
of-way at mileage 130.46, Nemegos Subd., Ont.
97994 May 22 — In the matter of the application dated May 13, 1959, from the C.P.R.
Co. on behalf of The British American Oil Co. Ltd., for approval of
its flammable liquid bulk storage facilities at Penticton, B.C., Carmi
Subd.
97995 May 22 — Authorizing the C.P.R. to construct an industrial spur track along the
lane across Jessop Ave., Saskatoon, Sask.
97996 May 22 — Authorizing Northland Utilities Limited to construct a gas main
across the company pipeline of the Trans-Mountain Oil Pipe Line
Co., Province of Alberta.
97997 May 22 — Authorizing Northland Utilities Limited to construct a gas main
across the company pipeline of Trans Mountain Oil Pipe Line Co.,
Province of Alberta.
97998 May 22 — In the matter of the application of the Yellowknife Transportation
Co. Ltd., under section 18 of the Transport Act, for approval of
Standard Freight Tariff C.T.C. No. 22.
97999 May 22 — Approving under the Maritime Freight Rates Act tolls published in
certain tariffs filed by the C.N.R. under section 3.
98000 May 22 — In the matter of the application dated May 13, 1959, from the C.P.R.
Co. on behalf of The British American Oil Co. Ltd. for approval of
its flammable liquid bulk storage facilities at Port Alberni, B.C.,
Port Alberni Subd.
98001 May 22 — Permitting the removal of slow order at C.P.R. crossing at Acres
Side Road, mileage 6.25 Carleton Place Subd., Ont.
98002 May 22 — In the matter of filing of tariffs by C.N. Telegraphs.
98003 May 22 — Permitting the removal of slow order at C.N.R. crossing of River-
side Drive, Ottawa, Ont., mileage 133.75, Alexandria Subd.
98004 May 25 — Requiring the C.P.R. to install certain protection at the crossing of
Grey St., Winnipeg, Man.
98005 May 25 — In the matter of the application dated May 13, 1959 from the C.P.R.
on behalf of The British American Oil Co. Ltd., for approval of its
proposed flammable liquid bulk storage facilities at Port Moody,
B.C., mileage 118.25, Cascade Subd.
98006 May 25 — Permitting the removal of slow order at C.P.R. crossing County
Road No. 9, north of the Town of Bolton, Ont., mileage 22.85
MacTier Subd.
98007 May 25— Requiring the C.N.R. to install certain protection at the crossing
of Hwy. No. 32, Upton, P.Q., mileage 26.43, St. Hyacinthe Subd.
98008 May 25 — Requiring the C.N.R. to install certain protection at the crossing
of St. Roch Road, Tracy, P.Q., mileage 43.69, Sorel Subd.
98009 May 25 — Authorizing the C.N.R. to operate under the overhead bridge in
the Twp. of Ops, Ont., at mileage 1.82, Uxbridge Subd.
168
98010 May 25 — In the matter of the application of the C.P.R. for an Order extending
the time within which it is required by Order 96309 to install two
flashing light signals and one bell at the crossing of its railway and
Hwy. 9, west of Orangeville, Ont., mileage 1.42, Owen Sound Subd.
98011 May 25 — In the matter of the application of C.N.R. for an Order extending
the time within which they are required by Order No. 96400, dated
Nov. 27, 1958, to install automatic protection at the crossing of their
railway and D'Arcy Corner Farnham Road, at D'Arcy Corner, P.Q.,
mileage 35.95, Granby Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
Cfje Poarb of
fErangport Commts&tcmer* for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, JULY 2. 1959 No. 7
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Canadian National Railway Company (here-
inafter called ((the Applicant"), dated July 30, 1958, for authority to
divert a portion of its line between mileage 10.2 near Dorval, P.Q., and
mileage 7.6, near Lachine, P.Q., and to cross certain highways including
55th Avenue in the City of Lachine;
and
In the matter of the application of the City of Lachine, dated May 4, 1959 for
construction of an overpass in the vicinity of 34th Avenue in the City of
Lachine in lieu of subways at 55th Avenue, and for closing of the 55th
Avenue crossing, and for transfer to the said overpass of the contribution
directed in Board's Order No. 97883, dated May 13, 1959 towards the cost
of construction of the said subways at 55th Avenue;
and
In the matter of the said Order No. 97883.
Files Nos.
Before: ^
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Comm^issig
L. J. Knowles, Commissioner.
JUDGMENT
By the Board:
By its Order No. 97883, the Board in effect authorized the Applicant to
divert a portion of its railway line and to carry the said diverted line across
55th Avenue, in the City of Lachine, and to construct a subway under the
diverted line at 55th Avenue and a subway under the railway of Canadian
Pacific Railway Company as it may be diverted at 55th Avenue.
169
72946-7—1
170
However, the City of Lachine by its application dated May 4, 1959 proposed
that in lieu of the construction of the subways at 55th Avenue there be con-
structed an overpass (overhead bridge) to carry a proposed highway across the
railway lines in the vicinity of 34th Avenue, in the City of Lachine, and that
the existing crossing of the railway and 55th Avenue be closed. This proposal
involved the construction of new highways in Lachine where no highways now
exist. Owing to that application (formally filed at a date when the Board
was about to issue its said Order No. 97883, although the Board was aware
for some time prior thereto that the City of Lachine was considering the
substitution of the overpass in the vicinity of 34th Avenue for the proposed
subways at 55th Avenue) the Board included paragraph 7, as follows, in its
Order:
"7. That, having regard to the application of the City of Lachine dated
May 4, 1959 for a grade separation in the vicinity of 34th Avenue in lieu
of subways at 55th Avenue, prior to the preparation of detailed plans
for construction of the subways at the said 55th Avenue, the Canadian
National Railways, the City of Lachine, Province of Quebec, the Canadian
Pacific Railway Company and any other party interested will consider
the possibility of locating the proposed grade separations at a more
advantageous location and closing the existing level crossing at 55th
Avenue, file submissions as to location of the grade separations with the
Board for final Order on or before June 1, 1959, and failing agreement
among the parties the question of location will be decided by the Board.
Unless the Department of Roads of the Province of Quebec specifically
consents to the construction of a grade separation in the vicinity of 34th
Avenue, in lieu of subways at 55th Avenue, the said Department of Roads
shall not be bound to contribute towards the cost of a grade separation in
the vicinity of 34th Avenue."
The parties did not agree as to the location of the grade separations and
the Board consented to meet with them at Ottawa on June 3, 1959 at a
conference to hear their views, discuss the matter with them in an endeavour
to resolve the differences between them and be in a position, if possible, to
determine the question of location of the grade separations. The following
were present at the conference:
Rod Kerr, Q.C.,
Chief Commissioner,
A. Sylvestre, Q.C.,
Deputy Chief Commissioner,
L. J. Knowles,
Commissioner,
J. E. Dumontier,
Director of Engineering,
Hon. L. Methot, Q.C.,
Counsel
J. Omer Martineau,
Asst. Chief Engineer,
Alphonse Gratton,
Asst. Chief Engineer,
Philippe Ewart, P. Eng.,
Traffic Engineer,
Jacques Viau, Q.C.,
City Attorney,
A. J. Deslauriers,
City Engineer,
Rene Laberge,
City Manager,
■ for the Board
for the Quebec Department of Roads.
for the City of Lachine, Que.
171
G. C. Shaw,
C. L. Ware
Hazen Hansard, Q.C.,
H. G. Seybold,
K. D. M. Spence, Q.C.,
and
G. E. Shaw,
J. W. G. Macdougall, Q.C.,
and
L. E. Mitchell,
M. Amborough,
J. E. Davis,
Guy Pager,
Counsel,
R. A. Leblanc,
City Manager,
R. John Pratt, M.P.,
Mayor,
Meanwhile, letters objecting to the proposed closing of 55th Avenue crossing-
were received by the Board from Canadian Motorways Limited, Canadian
Pacific Railway Company, Sultana Limited, Drummond, McCall & Co. Limited
and Bishop's Products, Limited. The objections contained in the letters were
repeated at the conference.
55th Avenue is a very old highway located in part along the boundary
between the City of Lachine and the City of Dorval. The representatives of
the City of Dorval described it as a highway used in common by the two cities,
and the Board regards it as such. The Board also finds that the general public
and industry of considerable size find it convenient and even necessary to use
the 55th Avenue crossing and that they would be inconvenienced and put to
additional expense if the crossing were closed. On behalf of the City of
Dorval, it was stated that the closing of the 55th Avenue crossing would be
detrimental to the public.
Canadian Pacific also objected to the closing of the 55th Avenue crossing.
The Agreement entered into between Canadian Pacific and Canadian National
in the lengthy negotiations that preceded Order No. 97883 was made, in the
view of Canadian Pacific, to enable the City of Lachine to have the Canadian
National line diverted from its present location through the city and the Agree-
ment contained provision for grade separation at 55th Avenue. Canadian
National's plan for diversion of its line in Lachine involves relocation of Cana-
dian Pacific's line crossing 55th .Avenue and the taking over by Canadian
National of the Canadian Pacific right-of-way there. Canadian Pacific stated
that if that grade separation is not to be proceeded with, it will not be bound
by the Agreement and will not consent to move from its present location which
has the advantages that the 55th Avenue crossing gives.
72946-7—2
for Bishop Products Limited.
for Canadian Motorways Limited, and
Motorways (Que.) Ltd.
for Drummond, McCall & Co. Limited,
and Sultana Limited.
for Drummond, McCall & Co. Limited,
for Canadian Pacific Railway Company.
| for Canadian National Railways.
for Sultana Limited and Reckitt &
Colman (Canada) Limited.
for Sultana Limited and Reckitt &
Limited.
for the City of Dorval, P.Q.
172
The Department of Roads of the Province of Quebec indicated that it
does not object to the relocation of grade separations proposed by the City of
Lachine but that it does not prefer either location over the other. In the case
of either location its consent was clearly made subject to certain conditions
that need not be set forth here.
Canadian National did not favour one location over the other but urged
that time is of the essence in getting on with its whole project of relocating
its lines and that if a grade separation is to be built at 55th Avenue an
immediate start on such work is essential if the entire project is not be to
unduly delayed.
The City of Lachine urged that an overpass has advantages over a subway;
that the section of Lachine north of the tracks is developing rapidly and the
proposed overpass will be a permanent and final solution to gear with the
development of the whole section of Cote de Liesse Road situated either within
Dorval, St. Laurent or Lachine; that a grade separation in the vicinity of
34th Avenue will be more central for the whole area of Cote de Liesse Road
and will be at a reasonable distance from the existing underpass at Dorval
Station; and that the existing level crossing at 55th Avenue may be closed
without any inconvenience, due to the vicinity of the existing underpass at
Dorval Station and the proposed new roads and overpass.
Upon consideration of all the facts and submissions and the views of the
interested parties, the Board has determined that it would not be justified at
this time in directing the closing of the 55th Avenue crossing and thereby
cause the inconvenience and obstruction to traffic that would result from such
closing; and it affirms its authorization in Order No. 97883 to construct subways
at 55th Avenue and its directions as to contribution from The Railway Grade
Crossing Fund towards the cost thereof. The Board is not prepared to direct
a contribution from the Fund towards the cost of construction of the proposed
overpass near 34th Avenue in lieu of, or in addition to, contributions towards
the subways at 55th Avenue. Contribution from the Fund towards the cost of
construction of the overpass was a basic condition of the application for the
overpass. The Board therefore declines to grant the application.
An Order will accordingly issue to dismiss the said application of the City
of Lachine and to delete paragraph 7 from Order No. 97883.
ROD KERR,
A. SYLVESTRE,
L. J. KNOWLES.
June 5, 1959.
173
ORDER No. 98115
In the matter of the application of the Canadian National Railways dated July
30, 1958 for authority to divert a portion of its line between mileage 10.2
near Dorval, P.Q., and mileage 7.6 near Lachine, P.Q., and to cross
certain highways including 55th Avenue in the City of Lachine;
and
In the matter of the application of the City of Lachine dated May 4, 1959 for
construction of an overpass in the vicinity of 34th Avenue in the City of
Lachine, in lieu of subways at 55th Avenue, and for closing of the 55th
Avenue crossing, and for transfer to the said overpass of the contribution
directed in Board's Order No. 97883 dated May 13, 1959 towards the cost
of construction of the said subways at 55th Avenue;
and
In the matter of the said Order No. 97883:
Files Nos. 27156.304 and 48765
Friday, the 5th day of June, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Pursuant to the Judgment herein, dated June 5, 1959, it is hereby ordered
as follows:
1. The said application of the City of Lachine is dismissed.
2. The said Order No. 97883 is amended by deleting paragraph 7 therefrom.
ROD KERR,
Chief Commissioner.
174
ORDER No. 98150
In the matter of Uniform Classification of Accounts approved by Order No.
96404, dated November 27, 1958:
File No. 45464.2
Tuesday, the 9th day of June, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The "Uniform Classification of Accounts for Class I Common Carriers by
Railway" approved and prescribed by the said Order is amended by cancelling
item 26 "Communication systems", on pages 22 and 23, and substituting therefor
the following, effective January 1, 1959:
"26. Communication systems.
A. For Class I Carriers
Outside Plant
Buildings — Units of property in accordance with units set forth
for primary account No. 16, Station and office buildings.
A complete section of pole line, including crossarms, wires and
appurtenances. (This to comprise section of less than 1 mile
where complete replacement of facilities involved, subject,
of course, to the application of the minimum rule.)
Each pole including guys and anchors installed in programme
work. (Labour installing poles to be capitalized while labour
removing old poles to be charged expenses.)
A complete tower.
Each crossarm including braces, lag screws and wood pins installed
in programme work.
Each mile of one wire including insulators, steel pins and trans-
position brackets.
A section of 500 feet of cable including strands, clamps, supporting
rings, wire and terminals. Cables comprise aerial, under-
ground, buried, submarine and house cable.
Each loading system.
Each mile or complete installation of conduit with manholes and
other associated parts.
Each complete insallation of pneumatic tubes.
Inside Plant
Terminal (carrier, telephone, etc.) switching equipment, telephone
or telegraph switchboard and other similar equipment — A
complete bay with or without associated equipment.
A repeater unit (carrier, voice, telegraph, etc.) with or without
associated equipment.
Each telex, teletype, facsimile or ticket and other similar trans-
mitting or receiving equipment.
175
A concentrator unit (telegraph, telex, etc.) with or without associ-
ated equipment.
Each operating key position for airways traffic control, or other
similar purposes.
Each station installation for airways traffic control, or other similar
purposes.
Each operating unit of assignment apparatus.
Each network terminal or repeater for programme transmission
including associated equipment.
Radio:
Each one-way radio channel terminal with modulating or
demodulating equipment.
Each one-way radio channel repeater with intermediate fre-
quency and modulating or demodulating equipment.
Each antenna and associated transmission line.
Traffic switching systems — Torn tape or similar systems:
Each receiving unit (position)
Each sending unit (position)
Each selector unit and associated equipment.
Traffic switching systems — Reperforator or similar systems:
One complete cabinet, regardless of contents, i.e., receiver
concentrator or director — Directing equipment.
One complete cabinet — Sending equipment.
A complete switching system.
Each unit of testing equipment, fixed or portable.
Power plant equipment:
Each battery installation
Each charging unit
Each discharging unit
Each engine generator set and associated equipment.
Each unit of work equipment:
Cable layers
Post hole diggers
Vehicles
Shop equipment
Experimental equipment, etc.
B. For other than Class I Carriers
A complete mile section or complete installation if less than a
mile of pole line including crossarms, wires and appurtenances.
Each mile or complete installation of cable with associated parts.
Each mile or complete installation of conduit with associated parts.
A complete tower.
A complete installation at each location constituting a separate
means of communication, such as radio, radar, carrier tele-
phone, teletype, or other communication systems.
For additional items, see account No. 16, "Station and office
buildings"."
H. H. GRIFFIN,
Assistant Chief Commissioner,
176
SUMMARY OF ORDERS ISSUED BY THE BOARD
98012 May 26 — Approving under the Maritime Freight Rates Act tolls published in
tariffs filed by the C.N.R. under Section 3.
98013 May 26 — In the matter of the application of the Bell Telephone Company of
Canada for approval of Supplement to Service Station Contract
between it and the Township of London.
98014 May 27 — Authorizing the C.N.R. to remove the caretaker at Glenora, Manitoba.
98015 May 27 — In the matter of the application of the C.N.R. for authority to remove
the station agent at Willowbrook, Sask.
98016 May 27 — In the matter of Order No. 81090, dated March 27, 1953, approving
the location of facilities of Canadian Oil Companies Limited for the
handling and storage of flammable liquids near the tracks of the
C.N.R. at Wadena, Sask.
98017 May 27 — Authorizing the C.P.R. to remove station shelter at Victoria Mine,
Ont.
98018 May 27 — Permitting the removal of slow order at C.N.R. crossing of Lome
Ave., Nutana, Sask.
98019 May 27 — Authorizing the C.P.R. to remove the caretaker-agent and appoint
a caretaker at Mascouche, Que.
93020 May 27 — Authorizing the Public Utilities Commission of the City of London,
Ont., to construct a water main under the tracks of the C.N.R. at
Hyde Park Road, London, Ont.
98021 May 27 — In the matter of the application of the C.N.R. for exemption from
installing an electric lock on the main track switch of the siding
serving Allied Building Products at mileage 10.7, Beachburg Subd.,
Ont.
98022 May 27 — In the matter of Order No. 74178, dated March 23, 1950, approving
the location of facilities of Delisle Co-operative Association Limited
for the handling and storage of flammable liquids near the tracks
of the C.N.R. at Delisle, Sask.
98023 May 27 — Permitting the removal of slow order at C.N.R. crossing east of
station at Delia, Alta.
98024 May 27 — Requiring C.P.R. to install certain protection at the crossing of
County Road No. 3 near Drumbo, Ont.
98025 May 27 — Requiring the C.P.R. to install certain protection at the crossing of
County Road No. 4 at Innerkip, Ont.
98026 May 27 — Requiring C.P.R. to install certain protection at crossing of County
Road No. 29 at Drumbo, Ont.
98027 May 26 — Approving details of the new station proposed to be erected by
C.N.R. at A Ma Baie, P.Q.
98028 May 26 — Approving details of the new station proposed to be erected by the
C.N.R. at Roxboro, P.Q.
98029 May 27 — In the matter of the application of Canada Steamship Lines Limited
for a licence under Section 10 of the Transport Act.
98030 May 27 — Authorizing the C.N.R. to remove the station agent at Weir, P.Q.,
during certain months of the year and to appoint a caretaker in
lieu thereof.
98031 May 27 — Authorizing the Sask. Power Corporation to construct a trans-
mission line over the company pipe line of Trans-Canada Pipe Lines
Limited, in the Province of Sask.
98032 May 27 — In the matter of the application from the Chesapeake and Ohio
Railway Company on behalf of Imperial Oil Limited for approval
of its flammable liquid bulk storage facilities at Windsor, Ont.,
Canadian Division, Subdivision No. 1.
98033 May 27 — Authorizing the Village of St. Anselme, P.Q., to widen Pont Morris-
sette Street at grade across the tracks of the Quebec Central Railway
Co., mileage 13.39, Levis Subdivision.
98034 May 27 — Authorizing the C.N.R. to operate its trains under the overhead
bridge carrying Ritson Road across its right of way in the City
of Oshawa, Ont.
177
98035 May 27 — In the matter of the application of the Department of Highways
of the Province of Newfoundland for approval of plan showing
details of the overhead bridge carrying Trans-Canada Highway
across C.N.R. at mileage 40.5 St. John Subdivision.
98036 May 27 — In the matter of the application of the C.P.R. on behalf of British
American Oil Company Limited, for approval of flammable liquid
bulk storage facilities at Kelow.na, B.C., Okanagan Subdivision.
98037 May 28— Permitting the removal of slow order at C.N.R. crossing at mileage
123.44, Touchwood Subdivision, Sask.
98038 May 28 — In the matter of regulations for the transportation of dangerous
commodities by rail.
98039 May 28 — Requiring the C.N.R. to install certain protection at the highway
No. 4 crossing at Brysonville, P.Q.
98040 May 28— In the matter of Order No. 66357, dated August 10, 1945, approving
the location of two underground storage tanks at Maple Leaf
Petroleum Limited near the tracks of the C.P.R. at Dewberry, Alta.
98041 May 29— Approving under the Maritime Freight Rates Act tolls published in
Agreed Charge Tariff of the C.F.A. under Sections 3 and 8.
98042 May 29 — In the matter of the application of the C.P.R. for authority to
remove the station agent at Fairy Glen, Sask.
98043 May 29 — In the matter of the application of the C.N.R. for authority to remove
the station agent at Beulah, Man.
98044 May 29 — In the matter of the application of the C.P.R. for authority to
remove the caretaker at Unwin, Sask.
98045 May 29 — Authorizing the Chesapeake and Ohio Railway Company to operate
over the diversion of its line in the Town of Wallaceburg, Ont.
98046 May 29 — In the matter of the application of Northern Alberta Railways Com-
pany on behalf of British American Oil Company Limited, for
approval of flammable liquid bulk storage facilities at Eaglesham,
Alta.
98047 May 29 — In the matter of Plans Nos. 1 to 16, dated March 31, 1959, showing
details of the overhead bridge near Folly Lake, Colchester County,
in the Province of Nova Scotia, mileage 25.1, Springhill Subdivision.
98048 May 29 — In the matter of the application of Canadian Industries Limited, for
an Order amending Order No. 97270, dated March 3, 1959, respecting
regulation for the Transportation of Dangerous Commodities by Rail.
98049 May 29 — In the matter of protection at the crossing of Jefferson Avenue and
the C.N.R. in the County of Essex, Province of Ontario, mileage 2.04
Chrysler Spur.
98050 May 29 — Permitting the removal of slow order at C.N.R. crossing of Victoria
Street, Sorel, P.Q.
98051 June 1 — In the matter of the application of British Columbia Department of
Highways for an Order extending the time in which the temporary
crossing of the highway and the railway of the C.P.R. at mileage
24.25 Cascade Subdivision may be open for use by the public.
98052 June 1 — Approving clearances on the C.P.R. siding serving the Howell For-
warding Quebec Limited, Montreal, P.Q.
98053 June 1 — Authorizing the Alberta Department of Highways to widen Highway
No. 28-B-l where it crosses C.N.R. at mileage 65.46, Coronado
Subdivision.
98054 June 1 — In the matter of the application of the C.N.R. for an Order extending
the time within which they are required by Order No. 94403, dated
May 23, 1958, to install automatic protection at the crossing of their
railway and Peppett Street in the Town of North Sydney, Province
of Nova Scotia, mileage 99.10 Sydney Subdivision.
98055 June 1 — Authorizing the C.N.R. to remove the caretaker at Peffers, Ont.
98056 June 1 — Authorizing the C.N.R. to discontinue passenger train service pro-
vided by Trains Nos. 216 and 217 between Hawkesbury and Glen
Robertson, Ont.
98057 June 1 — In the matter of the application of the Province of Ontario for
synchronization of traffic signals at intersection of Island Park Drive
and Scott Street with the highway crossing signals at Island Park
Drive and C.P.R., in the City of Ottawa, Ont.
178
98058 June 1 — In the matter of the allocation of cost of reconstruction and future
maintenance of the overhead bridge carrying County Road No. 25
across the C.PR. in the Townships of East Wawanosh and Hullett, all
in the Province of Ont.
98059 June 1— In the matter of Order No. 78498, dated March 11, 1952, approving
the location of facilities of Hydro Electric Power Commission of
Ontario, for the handling and storage of flammable liquids near the
right of way of the C.N.R. at Niagara Falls, Ont.
98060 June 1 — Authorizing the Alberta Department of Highways to relocate High-
way No. 21 where it crosses the C.N.R. at mileage 17.41 Camrose
Subdivision.
98061 June 1 — Authorizing the Township of Chilliwack to widen Young Road South
where it crosses the C.N.R. at mileage 71.94 Yale Subdivision.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
Wc>t Poarb of
ftranaport Commtstetonerg for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, JULY 15, 1959 No. 8
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
GENERAL ORDER No. 841
In the matter of Regulations governing the design, location, construction and
operation of stationary bulk storage facilities for liquefied petroleum
gases:
File No. 40513
Monday, the 27th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
1. The following regulations entitled "Regulations Respecting Liquefied
Petroleum Gases" govern the design, location, construction and operation of
stationary bulk storage facilities for liquefied petroleum gases on the right
of way owned or leased by any railway company subject to the jurisdiction of
the Board.
2. (1) These regulations apply to new installations and additions or
changes to existing installations;
(2) Notwithstanding the provisions of subsection (1) of this section,
installations previously approved by an Order of this Board shall be operated
in accordance with the regulations herein prescribed and, if ordered by the
Board, shall also be made to conform to those parts of these regulations pertain-
ing to location, construction and design.
3. These Regulations shall come into force on the 1st day of July, 1959.
4. General Order No. 597, dated August 21, 1940, is rinded effective
July 1, 1959.
179
72947-5—1
LIBRARY
AUG 11 \%i v
180
REGULATIONS RESPECTING LIQUEFIED PETROLEUM GASES
PART I
Definitions
1. In these regulations:
(1) Owning or operating company means the person or company owning
or operating the installation, erected with leave of the Board granted upon
application made therefor by the railway company concerned, on behalf of
such person or company.
(2) Liquefied petroleum gases are gases derived from petroleum or natural
gas. They are in the gaseous state at normal atmospheric temperature and
pressure, but may be maintained in a liquid state by the application of moderate
pressure. The following gases are those most commonly handled as liquefied
petroleum gases: Propane, normal Butane, Propylene, Isobutane, Butylenes.
(3) The term "design pressure" is synonymous with the term "maximum
allowable working pressure" as used in the A.S.M.E. Boiler and Pressure
Vessel Code for Unfired Pressure Vessels.
(4) The word "shall" is used to indicate mandatory regulations. The word
"should" is used to indicate recommendatory regulations.
(5) Main Track means a track extending through yards and between
stations upon which trains are operated by timetable or train order, or both,
or the use of which is governed by block signals or other method of control.
(6) Private Track means a track outside of carrier's right of way, yard
and terminals, and of which the carrier does not own either the rails, ties,
roadbed or right of way; or a track or portion of a track which is devoted to
the purpose of its user, either by lease or written agreement, in which case the
lease or written agreement is considered as equivalent to ownership.
(7) Team Track means a track on railway property which is used for
loading and unloading purposes by more than one company or person.
(8) Filling density means the percentage figure obtained when the maxi-
mum weight of Liquefied Petroleum Gas that may be in the container is divided
by the water weight capacity of the tank and the result is multiplied by 100.
All capacities shall be measured at a liquid temperature of 60 °F.
PART II
Applications to the Board
2. This part does not apply with respect to installations with a
total storage capacity not exceeding 2,000 Imperial gallons of water
measured 60 °F., if such installations otherwise comply with all other
applicable requirements of these regulations.
3. No person shall begin the construction of storage facilities
for liquefied petroleum gases without leave of the Board granted upon
an application made therefor, through the railway company
concerned.
4. The application shall be submitted to the Secretary of the
Board together with four copies of all drawings, including plans and
profiles, which shall comply with the requirements of sections 5, 6,
7, 8, 9 and 10.
Exemptions.
Leave
of the
Board
required.
Application
to be
accompanied
by Plan and
Profile.
181
5. The plan shall be drawn to a scale of not less than 50 feet to
1 inch and the profile to a scale of not less than 20 feet to 1 inch.
6. All drawings shall be dated and bear an identification
number and the name of the applicant.
7. The plan shall show the distances between:
(1) The loading or unloading rack or point and:
(a) The gauge side of the nearest rail of the loading or unload-
ing track;
(b) Schools; stations; residential areas; hospitals and other
similar places of public assembly within 250 feet of the said
loading or unloading rack or point;
(c) All engine houses; railway shops; grain elevators and other
similar buildings within 150 feet of the said loading or
unloading rack or point.
7. (2) The center line of the loading or unloading track and
(a) The gauge side of the nearest rail of main track; and
(b) The gauge side of the nearest rail of the nearest adjacent
track not serving the installation.
(3) The storage tanks and:
(a) Other storage tanks; pumphouses; warehouses; loading and
unloading racks; and other structures on the site;
(b) Line of adjoining property;
(c) Gauge side of nearest rail of closest track;
(d) Gauge side of nearest rail of main track;
(c) Stations; schools; residential areas; hospitals, or other
similar places of public assembly within 450 feet of the said
storage tanks; and
(/) All engine houses; railway shops; grain elevators or other
similar buildings within 250 feet of the said storage tanks.
8. (1) The profile shall show the elevation of the installation in
relation to the loading and unloading track and any main track
within 200 feet of the nearest tank on the said installation.
(2) A second profile is required where it is necessary
(a) to show the direction of drainage from the site; or
(b) to give a clear picture of major features of the installation.
9. The drawing shall show the location of the railway right-
of-way; property fences: dykes; pipe lines under roadways or rail-
ways; sewers; ditches; watercourses; highways and other similar
structures that are on the installation site.
10. The "Notes" or "Legend" on the drawing shall include the
following information:
(1) Evidence that the Provincial Fire Marshal or other
authority having jurisdiction in the surrounding area has no objection
to the proposed installation. This evidence may take the form of a
plan signature by the authority concerned, or of a letter addressed
to the owning or operating company by such authority.
(2) A statement that the storage tank and vapourizer design
shall be approved by the Pressure Vessel Inspection Branch of the
Provincial Government concerned prior to fabrication of the tanks.
Scale of
plan and
profile.
Identifica-
tion of
drawing.
Distances to
be shown on
Plan.
Distances to
be shown on
Profile.
Location of
right-of-way,
etc., to be
shown.
Drawing
Notes
or Legend.
182
(3) Size, contents, and water capacity in Imperial gallons of all
storage tanks.
(4) Type and construction of pumphouse, warehouse, compres-
sor house, bottling house, vapourizer house, and any other building
on the site.
(5) Type of motive power to be used for pumps or compressors.
(6) The type of heating to be used for vapourizer.
(7) Indicate whether the track or tracks serving the installation
are team tracks or private tracks as denned in Section L
PART III
Distances
between
loading or
unloading
tracks
and other
tracks.
Clearances
for loading
or unloading
racks.
Distances
between
loading or
unloading
racks and
buildings.
Distances
11. (1) The distances prescribed in this Section shall be
measured from the gauge side of the nearest rail of the nearest
adjacent track not serving the installation or the main track, as the
case may be, to the center line of the unloading or loading track.
(2) Loading or unloading tracks, at the loading or unloading site,
shall be at least 50 feet from the main track.
(3) Loading or unloading tracks shall be not less than 20 feet
from the nearest adjacent track not serving the installation. If the
nearest adjacent track is a main track, the distance shall be 50
feet.
12. (1) That portion of overhead loading or unloading structures
or equipment over 4 feet above the top of rail shall be at least 6
feet from the gauge side of the nearest rail of the loading or
unloading track. That portion of the structure 4 feet or less in
height above the top of rail shall be at least 3 feet 7| inches from
the gauge side of the nearest rail of the loading or unloading track,
except for non-standard gauge track in the Province of Newfound-
land, where this clearance distance shall be at least 3 feet 10 inches.
When the loading or unloading track is curved, the clearance distance
shall be increased by one inch per degree of track curvature.
(2) Loading or unloading terminals or structures of an over-all
height that is less than 4 feet above the top of rail shall be located
not less than 6 feet from the gauge side of the nearest rail of the
loading or unloading track.
13. (1) The distances prescribed in this section shall be
measured from the center line of the loading and unloading rack
or point to the nearest point of the building or property line, as
the case may be.
(2) The loading or unloading racks or points shall be at least 200
feet from any station, office building, or other similar place of
public assembly on railway property.
(3) It is recommended that the distance of a loading or unload-
ing rack from schools, hospitals, theatres, residential areas, or other
similar places of public assembly be not less than 200 feet.
(4) Except as provided in subsection (5) of this section, the
distance of loading or unloading racks or points from engine houses,
railway shops, grain elevators, or other similar buildings shall be
not less than 100 feet.
(5) The distance between a loading or unloading rack or point
and any storage tank or building on the installation used exclusively
by the owning or operating company shall not be less than 10 feet.
183
14. (1) In no case shall a liquefied petroleum gas storage tank Distances
be located less than 20 feet from the gauge side of the nearest rail of g^gg11
any track, measured from the nearest point on the tank shell. tanks and
tracks.
14. (2) The following minimum distances from the gauge side of
the nearest rail of the main track to the nearest point on the tank
shall be observed:
Water Capacity (Imperial Gallons) Minimum Distance
at 60 °F., Single Tank (Feet)
0 to 2,000 20
2,001 to 10,000 75
10,001 to 25,000 100
(3) It is recommended that the distance of a storage tank from
the right-of-way of a Provincial highway be not less than half the
distance prescribed in subsection (2) of this section.
15. (1) The distances prescribed in this section shall be measured Distances
from the nearest point on the tank shell to the nearest point of the ^^se^d
building, property line, etc. buildings.
(2) A storage tank with a water capacity exceeding 2,000 etc-
Imperial gallons shall be not less than 50 feet from any location
on another property which may be built upon.
(3) For a tank with a water capacity of 2,000 Imperial gallons
or less, the distance from any location on another property which
may be built upon shall be not less than that prescribed in the
current edition of National Fire Protection Association Pamphlet
No. 58.
(4) A storage tank with a water capacity exceeding 2,000
Imperial gallons shall be at least 400 feet from any station, office
building, or other similar places of public assembly on railway
property.
(5) It is recommended that the distance of a storage tank with
a water capacity exceeding 2,000 Imperial gallons from schools,
hospitals, theatres, residential areas, or other similar places of public
assembly be not less than 400 feet.
(6) For a tank with a water capacity of 2,000 Imperial gallons
or less, the distance from any of the buildings mentioned in sub-
sections (4) and (5) of this section shall be not less than that
prescribed in the current edition of National Fire Protection Associ-
ation Pamphlet No. 58.
(7) Except as provided in subsection (9) of this section, a
storage tank with a water capacity exceeding 2,000 Imperial gallons
shall not be less than 200 feet from engine houses, railway shops,
grain elevators, or other similar buildings.
(8) For a tank with a water capacity of 2,000 Imperial gallons
or less, the distance from any of the buildings mentioned in sub-
section (7) of this section shall not be less than that prescribed in
the current edition of National Fire Protection Association Pamphlet
No. 58.
(9) Except as provided in subsection (11) of this section, the
distance of a storage tank with a water capacity exceeding 100
Imperial gallons from any building on the installation site which
is used exclusively by the company owning or operating the installa-
tion shall not be less than 10 feet.
72947-5—2
184
Distances
between
tanks and
buildings,
etc.
(cont'd.)
Distances
between
pumps or
compressors
and
buildings,
etc.
Lesser
distances
permitted.
15. (10) A tank with a water capacity of 100 Imperial gallons or
less shall not be less than 5 feet horizontally from a building opening
located at the same level as the tank vent or below it.
(11) When the construction or occupancy of a building is of
such a nature as to constitute a hazard to the storage area, the
distance between a building and the closest tank with a water
capacity exceeding 100 Imperial gallons shall not be less than 50
feet.
(12) The distance of any storage tank from the fence surround-
ing the installation shall not be less than 5 feet.
(13) The clear distance between two storage tanks with an
individual water capacity exceeding 2,000 Imperial gallons shall not
be less than 5 feet.
(14) The clear distance between a tank containing liquefied
petroleum gas and a tank containing a flammable liquid shall not
be less than 20 feet, except that liquefied petroleum gas installations
with a storage capacity exceeding 150,000 Imperial gallons of water
measured at 60°F. shall be located not less than 100 feet from the
above ground storage of flammable liquids.
(15) A liquefied petroleum gas storage tank shall not be located
within a dyked area containing a flammable liquid storage tank.
The distance between a tank measured from the nearest point on
the tank shell and the center line of a dyke shall not be less than
10 feet.
(16) The distance between any tank of one group and any tank
of another group, as defined in section 19, shall not be less than
25 feet.
16. (1) Pumphouses or compressor houses and outdoor pumps or
compressors driven by internal combustion engines shall be located
not less than 10 feet from any storage tank, loading or unloading
point, or building.
(2) Subsection (1) of this section does not apply to outdoor
pumps or compressors driven by explosion proof motors marked
or labelled Class I, Division I, Group D and wired in accordance
with the Canadian Electrical Code for Class I, Division I, Group D
locations.
(3) The distance of pumphouses or compressor houses and out-
door pumps or compressors from a source of ignition or any location
on another property which may be built upon shall not be less than
25 feet.
17. Where the distances prescribed in this Part cannot be
obtained, lesser distances may be approved by the Board if suitable
fire barrier walls and fire controlling systems are employed.
PART IV
Storage Tanks
b.t.c. or 18. A cylinder or tank with a water capacity not exceeding 100
ice. Imperial gallons and manufactured, filled, operated and maintained
containers. fn accordance with a Board of Transport Commissioners or an
Interstate Commerce Commission specification which is approved by
either of these authorities for liquefied petroleum gas is exempt
from the regulations of this part, except sections 20, 24 and 29.
185
19. (1) The water capacity of any storage tank located on Maximum
carrier's right-of-way and used for liquefied petroleum gas shall capacity,
not exceed 25,000 Imperial gallons.
(2) The aggregate water capacity of tanks assembled in a group
shall not exceed 150,000 Imperial gallons. Groups of tanks shall be
segregated as prescribed in Section 15, subsection (16).
20. (1) Except as provided in subsection (7) of this section, Tank
storage tanks shall be securely installed on solid foundations of Foundations-
steel or concrete with reinforced concrete footings extending below
the frost line, or resting on bedrock.
(2) Except as provided in subsection (6) of this section, steel
foundations shall be fireproofed with a material having a fire
resistance of not less than two hours.
(3) Foundations shall be of sufficient width and thickness to
adequately support the tank and its contents.
(4) Provision shall be made for the thermal expansion and
contraction of a tank.
(5) Only two saddles shall be used on horizontal tanks.
(6) Steel saddles which are welded to a tank need not be fire-
proofed if the tank capacity does not exceed 500 Imperial gallons or
if the over-all height of the saddle does not exceed 18 inches.
(7) Footings for tanks with a water capacity less than 500
Imperial gallons need not be installed below frost line if adequate
provision is made to protect the piping against the effects of settling.
21. (1) Storage tanks shall be constructed in accordance with Tank
the 1956 issue of the A.S.M.E. Boiler and Pressure Vessel Code for Design and
Unfired Pressure Vessels to a design working pressure not less than ^ons!*0*"
125 per cent of the vapour pressure of the liquefied petroleum gas
at 100°F., but not less than 250 psig for liquefied propane. The
longitudinal joint efficiency shall not be less than 80 per cent and
the factor of safety shall not be less than 4.
(2) The tank design drawings and specifications shall be
approved by the Pressure Vessel Inspection Branch of the Pro-
vincial Government concerned prior to fabrication of the tank.
(3) Tank design drawings and specifications shall be in accord-
ance with the requirements of Canadian Standards Association
Pamphlet B-51.
(4) Welding to any parts of a tank subject to internal pressure
shall be in accordance with the code under which the tank was
fabricated. Non-code welding is permitted only on saddle plates,
lugs or brackets attached to the container by the tank manufacturer.
22. (1) All tanks shall be inspected and tested prior to opera- Testing
tion at the pressure specified by the A.S.M.E. Code by a qualified of tanks-
unfired pressure vessel inspector in accordance with the applicable
regulations of the Province concerned.
(2) A copy of the tank test and inspection report shall be filed
with the Board.
23. The storage tank shall be permanently marked or labelled Marking
as required by the A.S.M.E. Code under which the tank was manu- of tanks,
factured and the Pressure Vessel Inspection Branch of the Provincial
Government concerned.
72947-5— 2£
186
Location
of tanks.
Grounding
of tanks.
Filling
Density.
Liquid
level
gauges.
Pressure
gauge.
Below
ground
installation
of tanks.
Pump and
compressor
specifica-
tions.
Piping
specifica-
tions. . ■ .
24. (1) Storage tanks shall not be installed inside buildings or in
a location which would restrict the natural dispersal of fumes.
(2) Storage tanks shall not be installed one above the other.
25. Each storage tank exceeding 1,000 Imperial gallons water
capacity shall be electrically grounded for protection against static
electricity and lightning, as prescribed in National Fire Protection
Association Pamphlet No. 77. The resistance to electrical discharge
to ground should be as low as possible and preferably not more than
6 ohms.
26. The filling density for storage tanks of liquefied petroleum
gas shall not exceed the maximum filling density prescribed in the
current edition of Pamphlet No. 58 of the National Fire Protection
Association.
27. (1) Unless filling is controlled by weighing, tanks shall be
equipped with a fixed tube liquid level, a rotary tube, or an adjustable
slip tube gauge, or other gauging device that will ensure that the
maximum permitted filling density is not exceeded. If the gauging
device is a float type or a pressure differential type, the container
shall also be provided with a fixed dip tube, rotary tube or adjustable
slip tube gauge.
(2) Gauge glasses of the columnar type shall be restricted to
charging plants where the fuel is withdrawn in the liquid phase only.
They shall be equipped with valves having metallic hand wheels;
with excess flow valves and with extra heavy glass protected with
a metal housing applied by the manufacturer. These gauges shall
be shielded against the direct rays of the sun.
28. Each tank with a water capacity exceeding 2,000 Imperial
gallons shall be equipped with a suitable pressure gauge graduated
from 0 to 400 psi.
29. The below ground installation of liquefied petroleum gas
tanks is not recommended.
PART V
Piping and Transfer Equipment
30. Pumps and compressors used for transferring liquefied
petroleum gas shall be of a type suitable for liquefied petroleum gas
service, shall be designed for the maximum working pressure to
which they will be subjected, and shall be so recommended and
permanently marked or labelled by the manufacturer.
31. (1) Pipe lines \ inch nominal diameter or under shall be
wrought iron, steel, brass or copper pipe; or seamless copper, brass,
steel or aluminum tubing. Copper tubing may be of the standard
grade K or L or equivalent and shall have a minimum wall thickness
of 0.032 inch. Aluminum tubing shall not be used in exterior loca-
tions or where it will come in contact with masonry or plaster walls
or insulations.
(2) All piping and fittings over \ inch nominal diameter shall
be made of steel.
(3) Pipe joints may be screwed, flanged, welded, soldered or
brazed with a material having a melting point exceeding 1,000°F.
Joints on seamless copper, brass, steel or nonferrous gas tubing shall
187
31. (3) (cont'd.)
be made by means of approved gas tubing fittings, soldered or brazed
with a material having a melting point exceeding 1,000°F. Welded
joints or welding flanges are recommended for container connections
exceeding 2 inches in diameter.
(4) Welding may only be done by a qualified welder recognized
as such by the Boiler and Pressure Vessel Inspection Branch of the
Provincial Government concerned.
(5) For working pressures of 125 psig or less, pipe and pipe
fittings and tubing shall be designed for a pressure of at least 125
psig, and for working pressures above 125 psig, they shall be
designed for the maximum pressure to which they may be subjected
or 250 psig, whichever is the greater.
(6) For pressures of 250 psig or greater, extra heavy pipe and
fittings shall be used for threaded piping. Tubing shall be of heavy
walled seamless construction.
(7) The bursting strength of any pipe or tubing and fittings
shall be not less than four times the design pressure of the tank
to which they are connected and not less than four times that
pressure to which in any instance they may be subjected in service
by the action of a pump or other device.
32. (1) Except as provided in subsection (3) of this section, all Excess
openings in containers, except those for safety relief valves and valves,
those connections protected by an opening not larger than No. 54
drill size (0.0550 inch), shall be equipped with excess flow valves
or other suitable automatic valve or device which will automatically
prevent loss of the tank contents in the event of a connection or line
failure.
(2) Excess flow valves shall be designed with a by-pass not to
exceed a No. 60 drill size (0.0400 inch) opening to allow equalization
of pressure.
(3) An excess flow valve or other automatic device as pre-
scribed in subsection (1) of this section is not required for with-
drawal connections of tanks with a water capacity of 1,500 Imperial
gallons or less if the connection is protected by a controlling orifice
not exceeding Yiq inch diameter on vapour withdrawal and not
exceeding | inch diameter on liquid withdrawal, a manually operated
shut-off valve and a pressure-reducing regulator, all of which are
assembled to the connection as prescribed in 2.2 (d), Division II of
the 1958 edition of National Fire Protection Association Pamphlet
No. 58.
(4) Excess flow valves shall be permanently marked or labelled
by the manufacturer with their maximum working pressure, rated
capacity, and the letters "LPG" to indicate suitability for use in
liquefied petroleum gas service.
(5) Excess flow valves or other automatic devices, as referred
to in subsection (1) of this section, shall be installed in such a
manner that rupture of the line or connection will not adversely
affect the protective device.
(6) The line or connection housing an excess flow valve shall
have a greater capacity than the rated capacity of the excess flow
valve.
Piping
specifica-
tions
(cont'd.)
188
Labelling
tank
connections.
Shut-off
valves on
tanks.
Valves,
gauges, etc.
suitable
for L.P.G.
Piping
supports
and
protection.
Hose
specifica-
tions.
33. All storage tank inlet and outlet connections, except those
for safety relief valves, liquid level gauging devices and pressure
gauges, shall be labelled to indicate whether they communicate with
the vapour or liquid phase during normal operations.
34. All connections, except those for pressure or liquid level
gauges, safety relief valves, or plugged openings, shall be provided
with shut-off valves located as close to the storage tank as possible.
35. (1) All shut-off valves, throttling valves, gauges, fittings
and accessory equipment shall be of a type suitable for liquefied
petroleum gas service, and designed for not less than the maximum
working pressure to which they will be subjected, except that the
rated working pressure of valves, fittings, etc., subject to container
pressure shall not be less than 250 psig.
(2) All valves, gauges, fittings and accessory equipment men-
tioned in subsection (1) of this section shall be permanently marked
or labelled with the "maximum working pressure" and "L.P.G." ;
e.g. "250-L.P.G.".
(3) Cast iron pipe, valves and fittings are prohibited in piping
carrying liquefied petroleum gas in the liquid phase or on liquefied
petroleum gas containers and their connections.
36. (1) Piping shall be carried on permanent supports of steel
or concrete and supports for pipe lines more than 4 feet above
ground shall rest on footings which extend below the frost line.
(2) Pipe lines shall be protected by guard rails against damage
from moving vehicles and other traffic.
(3) Provision shall be made in the pipe line for expansion, con-
traction, jarring, vibration and settling.
37. (1) Hose and hose connections subject to container pressure
shall be designed to have a bursting pressure not less than five times
the maximum working pressure to which they may be subjected.
(2) The hose as assembled for use shall be tested for leaks at
twice the maximum working pressure to which it may be subjected
before being put into service and should be tested annually there-
after at 1£ times the maximum working pressure.
(3) The hose shall be clearly and permanently marked or
labelled "L.P. Gas" together with maximum working pressure,
manufacturer's name or symbol, and year of manufacture.
(4) Hose and hose connections shall be resistant to the action of
liquefied petroleum gas under the service conditions to which they
are subjected.
(5) Testing procedures as prescribed by the Underwriters'
Laboratories, Inc. Pamphlet "Hose for Conducting L.P. Gas" are
recommended.
(6) Hose and hose connections located on the low pressure side
of regulators or reducing valves shall be designed for a working
pressure of not less than 125 psig and in no case less than five times
the pressure setting of the safety relief devices protecting the system.
(7) Flexible hose connections to appliances shall be as pre-
scribed in the current edition of National Fire Protection Association
Pamphlet No. 58.
189
37. (8) Where hose is to be used for transferring liquid, wet hose
is recommended. Such hose shall be equipped with a shut-off valve
on the discharge end and provision shall be made to prevent excessive
hydrostatic pressure in the hose.
(9) The use of non-metallic hose is prohibited for inter-
connecting stationary containers.
38. Provision shall be made in loading and unloading lines for
relief of pressure before disconnection.
39. All piping, subject to external corrosion, shall be painted
or otherwise protected.
40. (1) Pipe lines running parallel to a track, except those
between adjacent loading or unloading racks, shall not be closer
than 10 feet to the gauge side of the nearest rail of that track and
shall comply with subsection (2) of this section.
(2) Except for pipe lines between adjacent loading or unloading
racks, pipe lines on the railway right-of-way and within 20 feet of a
track shall be laid not less than 3 feet below ground; or be enclosed
in a reinforced concrete or steel trench, as prescribed in Section 41;
or be carried on an overhead pipe bridge with a clearance above
ground of not less than 13 feet; or be enclosed by a suitable fence.
41. (1) Except as provided in subsections (2) and (3) of this
section, below ground liquefied petroleum gas pipe lines shall be
laid not less than 3 feet below ground level or be enclosed in a
reinforced concrete or steel trench with a recessed removable cover
which shall be flush with the ground. The trench shall be of
sufficient strength to support all traffic that may pass over it and
shall be provided with drainage.
(2) Pipe lines under railways shall be installed in accordance
with General Order No. 812.
(3) Pipe lines under roadways on railway property shall be
enclosed in an encasing pipe of sufficient strength to support all
traffic which may pass over it and shall not be less than 3 feet
below the surface of the road.
42. (1) The piping system shall be electrically grounded for
protection against the build-up of static electricity, as prescribed
in the latest edition of the National Fire Protection Association
Pamphlet No. 77. The resistance to ground should be as low as
possible and preferably not more than 6 ohms.
(2) All pipe lines shall be bonded at the joints with a No. 6
electrical conductor where flow to ground is interrupted by a gasket,
joint compound, etc.
43. (1) The use of stationary internal combustion engines for
the operation of liquefied petroleum gas pumps, compressors, or
vapourizers is not recommended, but if necessary, the installation
shall be in accordance with subsections (2), (3), (5), (6) and (7)
of this section.
(2) If housed, an internal combustion engine shall be isolated
from the pump or compressor by fireproof and vapourproof walls.
(3) Except for the frame, the building shall be constructed of
non-combustible or fire resistant materials.
Hose
specifica-
tions
(cont'd.)
Relief
of line
pressure.
Painting
of piping.
Pipe
lines
near
track.
Below
ground
pipe
lines.
Grounding
of piping.
Internal
combustion
engines.
190
Internal
combustion
engines
(cont'd.)
43. (4) The spark plugs and ignition system should be shielded
and the engine equipped with a spark arrestor muffler.
(5) The entire system shall be maintained in good operating
condition at all times.
(6) The exhaust shall terminate outside the building.
(7) The building shall be cross ventilated near the floor level
with permanently open louvers.
Joint
compounds,
gaskets,
etc.
Testing
pipe
lines.
Protection
of loading
or unloading
terminals.
Shut-off
valves at
loading or
unloading
terminals.
Note: Electric motors used for the operation of liquefied petro-
leum gas pumps, compressors or vapourizers shall be explosion proof,
as prescribed in Section 65.
44. All materials such as joint compounds, gaskets, valve seats
and packing shall be resistant to the action of liquefied petroleum
gas under the service conditions to which they are subjected.
45. (1) All piping, valves and fittings shall be inspected and
tested after assembly and prior to commencing operations for the
first time and be proven gastight at a pressure not less than the
working pressure of the tank, pump or device to which they are
connected, or at 150 psig, if this is a higher pressure.
(2) The results of the test of subsection (1) of this section shall
be reported to the Board.
46. When loading or unloading racks are not employed for
loading or unloading tank cars, the filling or discharge terminals
shall be protected on all sides by a guard rail of metal or other
material of equivalent strength and permanence. Guard rails shall
be not less than 3 feet in height.
47. Loading or unloading lines shall be equipped with shut-off
valves at the tank car end of the line. These valves shall not be
used for throttling purposes, but shall be either fully open or fully
closed, in order not to interfere with the operation of excess flow
valves on the tank car.
PART VI
Safety Relief Devices
b.t.c. and 48. A cylinder or tank with a water capacity not exceeding 100
containers Imperial gallons and manufactured, filled, operated and maintained
in accordance with a Board of Transport Commissioners or an Inter-
state Commerce Commission specification, which is approved by
either of these authorities for liquefied petroleum gas use, is exempt
from the provisions of this Part.
Approved 49. (1) Every storage tank and vapourizer (except as provided
relief valves. jn part vill) shall be provided with one or more safety relief valves
of the spring loaded type or an equivalent type which have been
approved for the intended service by the Boiler and Pressure Vessel
Committee of the A.S.M.E. or the Compressed Gas Association, Inc.,
or Underwriters' Laboratories.
(2) Such valves shall be of a size that will ensure a rate of
discharge not less than that specified in the current edition of National
Fire Protection Association's Pamphlet No. 58.
191
49. (3) The rate of discharge prescribed in subsection (2) of this
section shall be obtained before the pressure is in excess of 120 per
cent of the maximum (not including the permitted plus tolerance of
10 per cent) permitted start to discharge pressure setting of the
device.
(4) Safety relief valves shall be installed in a manner that
will ensure that the full relief requirements are always satisfied.
(5) Storage tank and vapourizer safety relief valves shall be
set to start to discharge at pressures as prescribed in the current
edition of the National Fire Protection Association's Pamphlet No. 58
for vessels designed according to the 1956 A.S.M.E. Code.
50. A safety relief valve venting to the outside atmosphere shall
be installed between each pair of shut-off valves on liquefied petro-
leum gas liquid lines where liquid may be trapped. The start to
discharge pressure setting shall not oe in excess of 500 psig. The
minimum setting shall not be lower than 140 per cent of the container
relief valve setting, except that for I.C.C. or B.T.C. containers, the
minimum setting shall not be lower than 400 psig.
51. (1) For tanks exceeding 2,000 Imperial gallons water
capacity, the discharge from tank safety relief devices shall be vented
vertically to the outside atmosphere at a point no less than 7 feet
above the storage tank. Such discharge should be at least 100 feet
and in no case shall it be less than 50 feet from any open flame or
source of ignition.
(2) For tanks with a water capacity of 2,000 Imperial gallons
or less, the discharge from safety relief devices shall be vented
vertically to the outside atmosphere in a manner that will prevent the
gases from impinging on the tank.
(3) The ends of relief valve discharge pipes shall be fitted with
loose rain caps that cannot freeze in place.
(4) All storage tank relief devices shall be located on the storage
tank and shall have direct communication with the vapour space of
the storage tank.
(5) If the design of the safety relief system is such that liquid
can collect on the discharge side of the disc, provision shall be made
for drainage of the liquid.
(6) Return bends and restrictive pipe fittings are not permitted
in relief valve piping.
(7) Safety relief devices shall be so arranged that the possibility
of tampering will be minimized.
(8) External pressure settings or adjustments shall be sealed.
52. The safety relief device shall be permanently marked or
labelled with the following information:
(a) Start to discharge pressure in psig;
(b) Full-open rate of discharge in c.f.m. of air at 60°F. and
14.7 psia;
(c) Manufacturer's name or symbol;
(d) Year of manufacture;
(e) Letters "LPG" to indicate suitability for liquefied petroleum
gas service;
(/) A.S.M.E. or Compressed Gas Association or Underwriters'
Laboratories approval symbol.
72947-5—3
Approved
relief
valves
(cont'd.)
Relief
valves on
pipe
lines.
Venting
and
location
of relief
valves.
Marking
relief
valves.
192
Testing 53, Safety relief valves and devices shall be inspected and tested
valves. prior to being put into service and shall be tested periodically as
prescribed in the Compressed Gas Association Pamphlet ''Safety
Relief Device Standards for Compressed Gas Storage Containers".
PART VII
Tank
car
stop
sign.
Loading or
unloading
procedures.
Tank car-
tank truck
transfers.
Grounding
and bonding
of loading
or unloading
tracks.
Loading or
unloading
on carrier's
track.
Loading and Unloading
54. (1) The tank car, during loading or unloading operations,
shall be protected on the connected end or ends of the siding by a
sign of metal or other suitable material 12 x 15 inches in size and
reading "STOP— TANK CAR CONNECTED". The word "Stop"
shall be in letters at least 4 inches high and the other words in
letters at least 2 inches high. Letters shall be white on a blue
background.
(2) The "Stop" sign shall be placed on the tank car or on the
loading or unloading track in a manner that will ensure it is always
visible to the crew of an engine on the same track.
55. (1) During loading or unloading operations, tank car hand
brakes shall be kept applied and the wheels at both ends of the
tank car shall be blocked.
(2) Tank cars shall be disconnected from pipe lines immediately
after the completion of loading or unloading operations.
(3) At least one experienced operator supplied by the consignee
or the consignor, as the case may be, shall supervise the loading
or unloading operation. During the absence of the operator super-
vising the loading or unloading operation from the installation site,
operations shall be discontinued.
(4) Gas or liquid shall not be vented to the atmosphere to assist
in transferring the contents of one container to another.
(5) Loading or unloading operations shall only be carried out
during the hours of daylight unless adequate permanent lighting
installed in accordance with Section 66 is provided.
56. The direct transfer of liquefied petroleum gas between tank
trucks and tank cars on carrier's right-of-way is prohibited.
57. All loading and unloading tracks shall be grounded and
bonded at the loading or unloading site in accordance with the regula-
tions of General Order No. 602.
58. The loading or unloading of tank cars located on carrier's
tracks are subject to the following conditions:
(1) Except as provided in subsection (3) of this section, tank
car discharge connections shall be equipped with excess flow valves.
(2) Lading shall be piped directly to permanent storage tanks
of sufficient capacity to receive the entire contents of the tank car.
The tanks and all of the facilities associated with them shall be in
accordance with all applicable regulations of this Order.
(3) Tank cars of the I.C.C. 106 A type may be loaded or unloaded
on carrier's track if written permission is obtained from the carrier
concerned and equipment is provided for the safe loading or unload-
ing of the unit tanks, but such tanks shall not be stored on carrier's
property except as provided in these regulations.
193
58. (4) When the carrier's track is a team track, it is recom- Loading or
mended that, where practicable, the tank car be protected during "^carrief's
loading or unloading by a locked derail located at least one car length t^cks
from the tank car on the connected end or ends of the team track.
PART VIII
Vapourizers
59. Except as otherwise provided in this Part, vapourizer design, vapourizer
location, construction, and operation shall be in accordance with the JJ^ts as
current edition of National Fire Protection Association Pamphlet per n.f.p.a.
No. 58.
60. Vapourizers, heating devices for vapourizers, and vapourizer
buildings shall be separated from loading or unloading sites, tanks,
location on an adjoining property which may be built upon or other
buildings by distances not less than the following:
(1) Indirect fired vapourizers — 10 feet.
(2) Heating devices for indirect fired vapourizers — 25 feet.
(3) Direct fired vaporizers with a capacity of 100 gallons per
hour or less — 25 feet.
(4) Direct fired vapourizers with a capacity exceeding 100
gallons per hour — 50 feet.
Vapourizer
distances.
61. (1) Vapourizers, if housed, should be installed in detached
buildings used exclusively for liquefied petroleum gas vapourization
and if the vapourizer is installed in a lean-to, shed or room of a
building, such building may only be used for liquefied petroleum gas
operations.
(2) The vapourizer building or room, as the case may be, shall
be constructed of noncombustible or fire resistant materials, shall be
cross-ventilated at the floor and ceiling levels by louvered openings,
and should be provided with not less than 1 square foot of explosion
relief venting on the open side per 40 cubic feet of inside space.
General
require-
ments,
vapourizer
building.
62. (1) A direct fired vapourizer or the heating device which
supplies steam, hot water, or other fire-safe heating medium for an
indirect fired vapourizer shall be separated from all other liquefied
petroleum gas equipment, such as pumps or gas mixing devices by
fireproof and vapourproof walls. Access to such vapourizer and
heating device shall be from the outside only. The firewall shall
be of not less than one hour fire resistance. Other parts of the
room housing the heating device shall be constructed of non-
combustible or fire resistant material. Cross ventilation shall be
provided by other means than doors and windows.
(2) This Section does not apply to domestic water heaters which
may supply heat for a vapourizer in a domestic system.
63. The use of a direct gas-fired tank heater or the mounting
of any vapourizer on a liquefied petroleum gas storage tank is
prohibited on the railway right-of-way.
72947-5—3^
Building
for direct
fired
vapourizer
or heating
device.
Mounting
heater or
Vapourizer
on tank.
194
PART IX
House-
keeping
of grounds.
Repairs.
Electrical
installations.
Smoking.
Fire
prevention.
Painting
of tanks.
Fencing.
General
64. The area within 25 feet of a tank with a water capacity
exceeding 200 Imperial gallons, a loading or unloading rack, a pump,
building, etc., shall be free of debris, and grass and weeds shall be
kept cut to a height not exceeding 6 inches. The general house-
keeping and maintenance of buildings, tanks, etc., shall be of the
highest standard.
65. Defective piping, valves or fittings shall be repaired
immediately.
66. (1) Installations with a total water capacity not exceeding
2,000 Imperial gallons and which provide fuel directly to heating,
cooking or welding appliances on the installation site are exempt
from the requirements of this Section.
(2) All electric motors, switches, motor controllers, circuit
breakers, wiring and any other electrical facility inside a building
housing a liquefied petroleum gas pump or other similar equipment;
or within 25 feet of an outdoor liquefied petroleum gas storage tank,
loading or unloading point, pump or other similar equipment shall
conform to the regulations set forth in the latest edition of the
Canadian Electrical Code for Class 1, Group D, Division I hazardous
locations.
67. Smoking and the use of portable open flame lights or equip-
ment shall be prohibited except in certain isolated and clearly
designated safe areas, and signs to this effect shall be posted at the
plant entrances and at the loading and unloading sites. (See Section
72 for restrictions applying to welding.)
68. (1) Water, dry powder, carbon dioxide, or other fire
extinguishers suitable for liquefied petroleum gas fires shall be avail-
able on installations with storage capacities exceeding 2,000 Imperial
gallons. At least one fire extinguisher shall be kept on the outside
premises.
(2) Each storage area with a capacity exceeding 2,000 Imperial
gallons should be protected by at least one standard fire hydrant so
located that a 2£-inch hose stream may be used for controlling a fire
on the site or cooling a tank in case of adjacent fires. Consultation
with the local fire authority on these matters is recommended.
69. (1) Uninsulated liquefied petroleum gas storage tanks with
water capacities exceeding 100 Imperial gallons which are installed
out-of-doors shall be painted with a heat reflective paint. Paint
should be white enamel or slow chalking, white paint rather than
aluminum paint.
(2) The words "CAUTION— PROPANE" (or other liquefied
petroleum gas name) not less than 6 inches high shall be painted on
each outdoor storage tank with a water capacity exceeding 2,000
Imperial gallons.
70. Each liquefied petroleum gas installation with a storage
capacity exceeding 2,000 Imperial gallons of water shall be com-
pletely enclosed within a steel mesh fence not less than 5 feet high.
The mesh shall be made from steel wire of not less than 0.10 inch
195
Construction
and house-
keeping of
buildings.
diameter. The opening in the mesh shall not be greater than 6
inches. The fence gates shall be locked when the installation is
unattended and at least two means of access through the fencing
shall be provided.
71. (1) Except for the frame, all buildings, compartments,
bottling rooms, lean-tos, or platforms shall be constructed of non-
combustible or fire resistant materials.
(2) All enclosures where liquefied petroleum gas is handled
shall be provided with cross ventilation by means of permanently
open louvers near floor level.
(3) Containers of flammable liquids or gases shall not be stored
in a room occupied by liquefied petroleum gas equipment.
(4) Buildings shall be mantained in a clean and tidy condition.
72. Welding shall not be permitted within 150 feet of a loading welding,
or unloading site while loading or unloading operations are in
progress. At other times, welding may only be allowed when carried
out under close supervision and in accordance with the provisions of
Canadian Standards Association Pamphlet W-117.
Odouriza-
tion of
liquefied
petroleum
73. (1) All liquefied petroleum gases shall be effectively odour-
ized by an approved agent of such character as positively indicates,
by distinct odour, the presence of gas down to concentrations in air
of not over one-fifth the lower limit of flammability. For propane sas.
the lower limit of flammability is 2.37 per cent.
(2) Exemption from the requirement of this section may be
granted if it is established to the Board's satisfaction that the odour-
ant will be harmful in subsequent processing or use of the gas.
(3) The requirements of subsection (1) of this section shall be
deemed to be complied with if 1.0 pound of Ethyl Mercaptan, 1.0
pound of Thiophane, or 1.4 pounds of Amyl Mercaptan per 10,000
gallons of liquefied petroleum gas is used. The listing of odourants
in this section is not intended to exclude the use of other odourants
which meet the requirements of subsection (1) of this section.
74. Under ordinary circumstances, the dyking of liquefied Dyking,
petroleum gas storage tanks is not required, except that the Board
may require erection of a dyke under those circumstances where a
dyke would provide protection for adjoining property.
75. All liquefied petroleum gas installations are subject to inspec-
tion at any time by any duly authorized officer of the Board.
76. The owning or operating company shall report immediately
by wire to the railway company concerned and to the Director of
Operation, Board of Transport Commissioners, Ottawa, Ontario,
every fire resulting in damage to the installation, explosion, or major
pipe line or tank failure occurring on the installation and shall
submit a detailed report by mail of such accident.
77. For further details, the following publications are suggested:
(a) Liquefied Petroleum Gas Pamphlets Nos. 58 and 59 published
by the National Fire Protection Association, 60 Batterymarch
Street, Boston 10, Massachusetts.
(b) "Handbook of Butane and Propane Gases", published by
Jenkins Publications, Inc., 198 South Alvarado Street, Los
Angeles 4, California.
Inspection
by Board.
Reporting
accidents.
References.
196
(c) Compressed Gas Association pamphlet "Safety Relief Device
Standards for Compressed Gas Storage Containers", pub-
lished by the Compressed Gas Association, Inc., 11 West
42nd Street, New York 36, New York.
(d) Underwriters' Laboratories, Inc. pamphlet "Hose for Con-
ducting LP Gas", published by Underwriters' Laboratories
of Canada, P.O. Box 38, O'Connor Postal Station, Toronto
16, Ontario, or Underwriters' Laboratories, Inc., 161 Sixth
Avenue, New York 13, New York.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners
for Canada.
197
GENERAL ORDER No. 842
In the matter of Regulations governing the design, location, construction and
operation of stationary bulk storage facilities for anhydrous ammonia:
File No. 40513.15
Monday, the 27th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
It is hereby ordered as follows:
1. The following regulations entitled "Regulations Respecting Anhydrous
Ammonia" govern the design, location, construction and operation of stationary
bulk storage facilities for Anhydrous Ammonia on the right of way owned or
leased by any railway company subject to the jurisdiction of the Board.
2. (1) These regulations apply to new installations and additions or changes
to existing installations;
(2) Notwithstanding the provisions of subsection (1) of this section instal-
lations in operation before the date of this Order shall be operated in accordance
with the regulations herein prescribed and, if ordered by the Board, shall also
be made to conform to those parts of these regulations pertaining to location,
construction and design.
3. These Regulations shall come into force on the 1st day of July, 1959.
REGULATIONS RESPECTING ANHYDROUS AMMONIA
PART I
Definitions
1. In these regulations:
(1) Owning or operating company means the person or company owning
or operating the installation, erected with leave of the Board granted upon
application made therefor by the railway company concerned on behalf of such
person or company.
(2) "Anhydrous Ammonia" for the purpose of these regulations is dry
ammonia gas in liquefied form. It is not to be confused with aqua ammonia
which is a solution of ammonia gas in water.
(3) Design Pressure — The term "design pressure" as used in this Order
is synonymous with the term "maximum allowable working pressure" as used
in the A.S.M.E. Boiler and Pressure Vessel Code.
(4) The word "shall" is used to indicate mandatory regulations. The
word "should" is used to indicate recommendatory regulations.
(5) Main Track — A track extending through yards and between stations
upon which trains are operated by time table or train order, or both, or the
use of which is governed by block signals or other method of control.
198
(6) Private Track — A track outside of carrier's right of way, yard and
terminals, and of which the carrier does not own either the rails, ties, roadbed
or right of way; or a track or portion of a track which is devoted to the purpose
of its user, either by lease or written agreement, in which case the lease or
written agreement will be considered as equivalent to ownership.
(7) Team Track — A track on railway property which is used for loading
or unloading purposes by more than one company or person.
(8) Filling Density — Filling density is the percentage figure obtained when
the maximum weight of Anhydrous Ammonia that may be in a container is
divided by the water weight capacity of the tank and the result is multiplied
by 100. All capacities shall be measured at a liquid temperature of 60°F.
PART II
Exemptions.
Leave of
the Board
required.
Application
to be
accompanied
by plan
and profile.
Scale of
plan and
profile.
Identifica-
tion of
drawings.
Distances
to be shown
on plan.
Applications to the Board
2. This part does not apply with respect to installations with a
total storage capacity not exceeding 2,000 Imperial gallons of water
measured at 60 °F., if such installations otherwise comply with all
other applicable requirements of these regulations.
3. No person shall begin the construction of storage facilities for
Anhydrous Ammonia without leave of the Board granted upon an
application made therefor, through the railway company concerned.
4. The application shall be submitted to the Secretary of the
Board together with four copies of all drawings, including plans
and profiles, which shall comply with the requirements of sections
5, 6, 7, 8, 9 and 10.
5. The plan shall be drawn to a scale of not less than 50 feet
to 1 inch and the profile to a scale of not less than 20 feet to 1 inch.
6. All drawings shall be dated and bear an identification number
and the name of the applicant.
7. The plans shall show the distances between:
(1) The loading or unloading rack or point and:
(a) The gauge side of the nearest rail of the loading or unload-
ing track;
(b) schools; stations; residential areas; hospitals and other
similar places of public assembly within 200 feet of the
said loading or unloading rack or point;
(c) all engine houses; railway shops; grain elevators and other
similar buildings within 125 feet of the said loading or
unloading rack or point.
(2) The centre line of the loading or unloading track and
(a) the gauge side of the nearest rail of main track; and
(b) the gauge side of the nearest rail of the nearest adjacent
track not serving the installation.
(3) The storage tanks and;
(a) Other storage tanks; pumphouses; warehouses; loading and
unloading racks; and other structures on the site;
(b) line of adjoining property;
(c) gauge side of nearest rail of closest track;
(d) gauge side of nearest rail of main track;
199
7. (2) (cont'd.)
(c) stations; schools; residential areas; hospitals or other similar
places of public assembly within 350 feet of the said storage
tanks; and
(/) all engine houses; railway shops; grain elevators or other
similar buildings within 200 feet of the said storage tanks.
8. (1) The profile shall show the elevation of the installation in
relation to the loading and unloading track and any main track
within 200 feet of the nearest tank on the said installation.
(2) A second profile is required where it is necessary
(a) to show the direction of drainage from the site; or
(b) to give a clear picture of major features of the installation.
9. The drawing shall show the location of the railway right-of-
way; property fences; dykes; pipe lines under roadways or railways;
sewers; ditches; watercourses; highways and other similar structures
that are on the installation site.
10. The "Notes" or "Legend" on the drawing shall include the
following information:
( 1 ) Evidence that the Provincial Fire Marshal or other authority
having jurisdiction in the surrounding area has no objections to the
proposed installation. This evidence may take the form of a plan
signature by the authority concerned, or of a letter addressed to the
owning or operating company by such authority.
(2) A statement that the storage tank design shall be approved
by the Pressure Vessel Inspection Branch of the Provincial Govern-
ment concerned prior to fabrication of the tanks.
(3) Size, contents, and water capacity in Imperial gallons of all
storage tanks.
(4) Type and construction of pumphouse, warehouse, compressor
house, bottling house, and any other building on the site.
(5) Type of motive power to be used for pumps or compressors.
(6) Indicate whether the track or tracks serving the installation
are team tracks or private tracks, as denned in Section 1.
Distances
to be shown
on plan
(cont'd.)
Distances
to be shown
on profile.
Location of
right-of-
way, etc., to
be shown.
Drawing
notes or
legend.
PART III
Distances
11. (1) In no case shall an Anhydrous Ammonia storage tank
be located less than 20 feet from any track. This distance shall be
measured from the gauge side of the nearest rail to the nearest point
on the tank shell.
(2) The following minimum distance from the gauge side of the
nearest rail of the main track to the nearest point on the tank shell
shall be observed:
Water Capacity (Imperial Gallons)
at 60 °F., Single Tank
0 to 2,000
2,001 to 10,000
10,001 to 25,000
72947-5—4
Minimum Distance
(Feet)
20
50
75
Distances
between
storage
tanks
and
tracks.
200
Distances
between
storage
tanks and
tracks
(cont'd.)
Distances
between
tanks and
buildings,
etc.
11. (3) It is recommended that the distance of a storage tank from
the right-of-way of a Provincial highway be not less than one-half
the distance prescribed in subsection (2) of this section.
12. ( 1 ) The distances prescribed in this section shall be measured
from the nearest point on the tank shell to the nearest point of the
building, property line, etc.
(2) A storage tank with a water capacity exceeding 2,000
Imperial gallons shall be not less than 50 feet from any location
on another property which may be built upon or from a source of
drinking water such as a reservoir, well or spring.
(3) For a tank with a water capacity of 2,000 Imperial gallons
or less, the distance from any location on another property which may
be built upon shall be not less than 25 feet.
(4) If the storage tank is part of a water treatment system, the
distance from a source of drinking water is not prescribed.
(5) A storage tank with a water capacity exceeding 2,000
Imperial gallons shall be at least 300 feet from any station, office
building or other similar place of public assembly on railway
property.
(6) It is recommended that the distance of storage tanks with
water capacities exceeding 2,000 Imperial gallons from schools,
hospitals, theatres, residential areas or other similar places of public
assembly be not less than 300 feet.
(7) Except as provided in subsection (10) of this section, the
distance of a tank with a water capacity of 2,000 Imperial gallons
or less from any of the buildings mentioned in subsections (5) and
(6) of this section shall not be less than 50 feet.
(8) Except as provided in subsection (10) of this section, a
storage tank with a water capacity exceeding 2,000 Imperial gallons
shall not be less than 150 feet from engine houses, railway shops,
grain elevators or other similar buildings.
(9) For a tank with a water capacity of 2,000 Imperial gallons
or less, the distance from any of the buildings mentioned under
subsection (8) of this section shall not be less than 25 feet.
(10) Except as provided in subsection (12) of this section, the
distance of a storage tank with a water capacity exceeding 100
Imperial gallons from any building on the installation site which is
used exclusively by the company owning or operating the installation
shall not be less than 10 feet.
(11) A tank with a water capacity of 100 Imperial gallons or
less shall not be less than 5 feet horizontally from a building opening
located at the same level as the tank vent or within 5 feet above the
vent.
(12) When the construction or occupancy of the buildings
referred to in subsection (10) is of such a nature as to constitute a
hazard to the storage area, the distance between a building and the
closest tank with a water capacity exceeding 100 Imperial gallons
shall not be less than 50 feet.
(13) The clear distance between two Anhydrous Ammonia
storage tanks with an individual water capacity exceeding 2,000
Imperial gallons shall not be less than 5 feet.
201
12. (14) The clear distance between a tank containing Anhydrous
Ammonia and a tank containing a flammable liquid shall not be
less than 20 feet, except that installations with a storage capacity
exceeding 150,000 Imperial gallons of water measured at 60°F. shall
be located not less than 100 feet from the above ground storage of
flammable liquids.
(15) An Anhydrous Ammonia storage tank shall not be located
within a dyked area containing a flammable liquid storage tank.
(16) The distance between any tank of one group and any
tank of another group as defined in Section 19 shall not be less
than 25 feet.
13. ( 1 ) The distances prescribed in this section shall be measured
from the gauge side of the nearest rail of the nearest adjacent track
not serving the installation or the main track, as the case may be, to
the center line of the unloading or loading tracks.
(2) The unloading or loading tracks at the loading or unloading
site shall be at least 50 feet from the main track.
(3) The unloading or loading tracks shall be at least 20 feet
from the nearest adjacent track not serving the installation. If the
nearest adjacent track is a main track, the distance shall be 50 feet.
14. (1) That portion of loading or unloading racks or other
structures over four feet high shall be at least 6 feet from the gauge
side of the nearest rail of the loading or unloading track. That
portion of the structure four feet or less in height shall be at least
3 feet 7| inches from the gauge side of the nearest rail of the loading
or unloading track, except for non-standard gauge track in the
Province of Newfoundland where this clearance distance shall be at
least 3 feet 10 inches. When the track is curved, the clearance
distance shall be increased one inch per degree of track curvature.
(2) Loading and unloading terminals or structures of an over-
all height that is less than 4 feet shall be located at least 6 feet
from the gauge side of the nearest rail of the loading or unloading
track.
15. (1) The distances prescribed in this section shall be measured
from the loading or unloading point to the nearest point of the
building or property line, as the case may be.
(2) The loading or unloading racks or points shall be at least
150 feet from any station, office building or other similar place of
public assembly on railway property.
(3) It is recommended that the distance of loading or unload-
ing racks from schools, hospitals, theatres, residential areas, or other
similar places of public assembly be not less than 150 feet.
(4) Except as provided in subsection (5) of this section, the
loading or unloading racks or points shall not be less than 75 feet from
engine houses, rail shops, grain elevators, or other similar buildings.
(5) The distance of loading or unloading racks from a tank or
building used exclusively by the owning or operating company shall
not be less than 10 feet.
16. (1) Pumphouses or compressor houses and outdoor pumps
or compressors driven by non-explosion proof motors or internal
combustion engines shall be located not less than 10 feet from any
storage tank, loading or unloading point, or building.
72947-5— 4i
Distances
between
tanks and
buildings,
etc.
(cont'd.)
Distances
between
loading or
unloading
tracks and
other
tracks.
Clearances
for loading
or unloading
racks.
Distances
between
loading or
unloading
racks and
buildings.
Distances
between
pumps,
compressors
and
buildings,
etc.
202
Distances
between
pumps,
compressors
and
buildings,
etc.
(cont'd.)
16. (2) The distance requirement of subsection (1) of this section
does not apply to outdoor pumps or compressors driven by explosion
proof motors marked or labelled Class I, Division I, Group D and
wired in accordance with the Canadian Electrical Code for Class I,
Division I, Group D locations.
(3) The distance of pumphouses or compressor houses and
outdoor pumps or compressors from any location on another property
which may be built upon shall not be less than 25 feet.
Distances 17. The distance between a tank truck and a tank or tank car
tank trucks during loading or unloading operations shall not be less than 10
and tank feet measured between the nearest points on the two tank shells.
PART IV
Storage Tanks
B.T.C. or
I.C.C.
containers.
18. A cylinder or tank with a water capacity not exceeding 100
Imperial gallons and manufactured, filled, operated and maintained
in accordance with a Board of Transport Commissioners or an Inter-
state Commerce Commission specification which is approved by
either of these authorities for Anhydrous Ammonia, is exempt from
the regulations of Sections 19 to 25 inclusive of this Part and all
sections of Part VI.
Maximum
tank
capacity.
Tank
design
and
specifica-
tions.
19. (1) The water capacity (measured at 60 °F.) of any unre-
frigerated Anhydrous Ammonia storage tank located on carrier's
right-of-way shall not exceed 25,000 Imperial gallons.
(2) The aggregate water capacity of tanks assembled in one
group shall not exceed 150,000 Imperial gallons and groups of tanks
shall be segregated as prescribed in Section 12, Subsection (16).
20. (1) Unrefrigerated tanks shall be constructed in accordance
with the 1956 issue of the A.S.M.E. Boiler and Pressure Vessel Code
for Unfired Pressure Vessels to a design working pressure not less
than 250 psig, a safety factor of not less than 4, and a longitudinal
joint efficiency of not less than 80 per cent.
(2) The tank design shall be approved by the Pressure Vessel
Inspection Branch of the Province concerned.
(3) Tank design drawings and specifications shall be in accord-
ance with the requirements of Canadian Standards Association
Pamphlet B-51 (1957).
(4) Refrigerated tanks shall be designed in accordance with
the directions of subsection (1) of this Section to a minimum design
working pressure of 60 psig.
(5) Containers exceeding 36 inches in diameter or 200 Imperial
gallons water capacity shall be stress relieved after fabrication in
accordance with the Code; or cold formed heads, when used, shall be
stress relieved; or hot formed heads shall be used.
(6) Welding to any parts of a tank subject to internal pressure
shall be in accordance with the code under which the tank was
fabricated. Non-code welding is permitted only on saddle plates,
lugs or brackets attached to the container by the tank manufacturer.
203
21. (1) All tanks shall be inspected and tested prior to being
put into use at the pressure specified by the A.S.M.E. Code by a
qualified unfired pressure vessel inspector in accordance with the
applicable regulations of the Province concerned.
(2) A copy of the tank test and inspection report shall be filed
with the Board.
22. The tank shall be permanently marked or labelled as
required by the A.S.M.E. Code under which the tank was manu-
factured and the Pressure Vessel Inspection Branch of the Provincial
Government concerned.
23. Each above ground tank with a water capacity exceeding
1,000 Imperial gallons shall be electrically grounded for protection
against lightning with the resistance to ground being as low as
possible and preferably not in excess of 6 ohms.
24. Each tank with a water capacity exceeding 2,000 Imperial
gallons shall be equipped with a suitable pressure gauge graduated
from 0 to 400 psi.
25. Each tank with a water capacity exceeding 5,000 Imperial
gallons should be equipped with a suitable thermometer unless some
other provision is made for determining the liquid temperature.
26. The below ground installation of Anhydrous Ammonia tanks
on the carrier's right-of-way is prohibited.
27. (1) Except as provided in subsection (7) of this Section,
storage tanks shall be securely installed on solid foundations of steel
or reinforced concrete with reinforced concrete footings extending
below the frost line or resting on bedrock.
(2) Except as provided in subsection (6) of this section, steel
foundations shall be fire-proofed with a material having a fire
resistance rating of not less than two hours.
(3) Foundations shall be of sufficient width and thickness to
adequately support the tank and its contents.
(4) Provision shall be made for the thermal expansion and
contraction of a tank.
(5) Only two saddles shall be used for horizontal tanks.
(6) Steel saddles which are welded to a tank need not be fire-
proofed if the tank capacity does not exceed 500 Imperial gallons,
or if the over-all height of the saddle does not exceed 18 inches.
(7) Footings for tanks with a water capacity less than 500
Imperial gallons need not be installed below frost line if adequate
provision is made to protect the piping against the effects of settling.
28. (1) Storage tanks shall not be installed in a building, unless
the building is to be used exclusively for the storage of Anhydrous
Ammonia and is ventilated to prevent the accumulation of fumes.
(2) Storage tanks shall not be installed in outdoor locations
where the natural dispersal of fumes would be seriously restricted.
29. (1) The filling density of above ground unrefrigerated tanks
shall not exceed 56 per cent for uninsulated tanks and 57 per cent for
insulated tanks. For volume filling at various liquid temperatures,
refer to chart of figure 23, Pamphlet G-2 of Compressed Gas Associ-
ation, Inc.
Testing
of tanks.
Marking
of tanks.
Grounding
of tanks.
Pressure
gauges on
tanks.
Thermo-
meters on
tanks.
Below
ground
installation
of tanks.
Tank
foundations.
Location
of storage
tanks.
Filling
density.
204
Filling
density
(cont'd.)
Liquid
level
gauges.
29. (2) The maximum amount of Anhydrous Ammonia which may-
be charged into a refrigerated storage container shall be that which
theoretically would make the container liquid full at a pressure
equal to 120 per cent of the design pressure of the container under
equilibrium conditions of temperature and pressure.
30. (1) Unless filling is controlled by weighing, tanks shall be
equipped with a fixed tube liquid level, a rotary tube, an adjustable
slip tube gauge, or other gauging device that will ensure that the
maximum permitted filling density is not exceeded. If the gauging
device is a float type or pressure differential type, the tank shall also
be provided with a fixed tube, rotary tube, or adjustable slip tube
gauge.
(2) Gauge glasses of the columnar type shall be equipped with
shut-off valves having metallic hand wheels; excess flow valves; and
extra heavy glass adequately protected by a metal housing applied
by the manufacturer. The gauge shall be protected from the direct
rays of the sun.
PART V
Pump and
compressor
specifica-
tions.
Piping at
pumps or
compressors.
Refrigera-
tion load.
Hose
specifica-
tions.
Piping and Transfer Equipment
31. Pumps and compressors used for transferring Anhydrous
Ammonia shall be of a type suitable for Anhydrous Ammonia
service, shall be designed for not less than 250 psig working pressure,
and shall be so recommended and permanently marked or labelled
by the manufacturer.
32. Piping at pumps and compressors shall be so arranged as to
ensure the safe operation of this equipment.
33. Refrigeration load and equipment for refrigerated storage
systems shall be in accordance with the current edition of Agricul-
tural Ammonia Institute pamphlet, "Standards for the Storage and
Handling of Anhydrous Ammonia".
34. (1) Hose and hose connections subject to container pressure
shall be designed for a working pressure of not less than 350 psig
with a factor of safety of not less than five.
(2) The hose, as assembled for use, shall be tested for leaks
at not less than twice the maximum working pressure before being
put into service and should be tested at least annually thereafter at
not less than li times the maximum working pressure.
(3) The hose shall be permanently and clearly marked or
labelled ''For Anhydrous Ammonia" or "NH3", or "A.A.", together
with the maximum working pressure, manufacturer's name or
symbol and year of manufacture.
(4) Hose coupling shall be of steel.
(5) Hose materials shall be resistant to the action of Anhydrous
Ammonia under the service conditions to which they will be subjected.
(6) Hose and hose connections located on the low pressure side
of flow control or pressure reducing valves or devices, discharging to
atmospheric pressure, shall be designed for a minimum working
pressure of 60 psig.
205
34. (7) Where hose is to be used for transferring liquid, wet hose
is recommended. Such hose shall be equipped with a shut-off valve
on the discharge end and provision shall be made to prevent excessive
hydrostatic pressure in the hose.
(8) The use of non-metallic hose is prohibited for interconnect-
ing stationary containers.
35. (1) Piping shall be schedule 40 mild steel with welded
joints and welding type fittings, or schedule 80 mild steel with either
screw type or welded joints and welding type fittings.
(2) Brazed joints are prohibited.
(3) Unless the dryness of the ammonia can be assured, copper;
copper, silver or zinc alloys, including brass or bronze; or galvanized
pipe, valves or fittings shall not be used.
(4) The use of cast iron pipe, valves or fittings in Anhydrous
Ammonia service is prohibited.
(5) Anhydrous Ammonia shall not be allowed to come in con-
tact with mercury in manometers and other equipment.
(6) Joint compounds and pipe dopes shall be suitable for
ammonia service.
(7) Welding shall only be done by a qualified welder recognized
as such by the Boiler and Pressure Vessel Inspection Branch of the
Provincial Government concerned.
Hose
specifica-
tions
(cont'd.)
Piping
specifica-
tions.
36. All storage tank connections, except those for safety relief
valves or gauges, shall be labelled to indicate whether they com-
municate with the vapour or liquid phase during normal operations.
37. All storage tank connections, except those for gauges, safety
relief valves or plugged openings, shall be provided with shut-off
valves located as close to the tank as possible.
38. (1) All shut-off valves, throttling valves, gauges, and acces-
sory equipment shall be of a type suitable for Anhydrous Ammonia
service and shall be designed for not less than the maximum working
pressure to which they may be subjected, except that the rated work-
ing pressure of valves, etc., subject to container pressure shall not
be less than 250 psig.
(2) All valves, gauges, fittings, and accessory equipment men-
tioned in subsection (1) of this section shall be permanently marked
or labelled with their maximum working pressure and the letters
"A.A." or "NHs" to indicate their suitability for Anhydrous Ammonia
service; e.g., "250-A.A.".
39. (1) Except as provided in subsection (4) of this section,
all openings in unrefrigerated containers, except those for safety
relief valves and those connections protected by an opening not larger
than a No. 54 drill size (0.0550 inch), shall be equipped with excess
flow valves or other suitable automatic valve or device which will
automatically prevent loss of the tank contents in the event of a
connection or line failure.
(2) Connections on refrigerated containers shall be protected
with excess flow valves or other devices as precribed in the current
edition of Agricultural Ammonia Institute pamphlet, "Standards for
the Storage and Handling of Anhydrous Ammonia".
Labelling
tank
connections.
Shut-off
valves on
tanks.
Valves,
gauges, etc.
suitable
for NH3.
Excess
flow-
valves.
206
Excess
flow
valves
(cont'd.)
39. (3) Excess flow valves shall be designed with a bypass not to
exceed a No. 60 drill size (0.0400 inch) opening to allow equalization
of pressures.
(4) An excess flow valve or other automatic device as prescribed
in subsection (1) of this section is not required for withdrawal con-
nections of unrefrigerated tanks with a water capacity not exceeding
1,500 Imperial gallons, if the connection is protected by a controlling
orifice not exceeding 5/16 inch diameter for vapour withdrawal and
1/8 inch diameter for liquid withdrawal, a manually operated shut-
off valve, and a pressure-reducing regulator, all of which shall be
assembled to the connection as prescribed in 2.2 (d), Division II of
the 1958 edition of National Fire Protection Association pamphlet
No. 58.
(5) Excess flow valves shall be permanently marked or labelled
by the manufacturer with their maximum working pressure, rated
capacity and the letters "A. A." or "NH3" to indicate their suitability
for use in Anhydrous Ammonia service.
(6) Excess flow valves or other automatic devices, as referred
to in subsection (1) of this section, shall be installed in such a
manner that rupture of the line or connection will not adversely
affect the protective device.
(7) The connection or line housing an excess flow valve shall
have a greater capacity than the rated capacity of the excess flow
valve.
Portable
engines,
motors,
etc.
Locking
tank
valves.
Piping
supports
and
protection.
Below
ground
pipe
lines.
40. Portable engines, motors, pumps and compressors are not
recommended, but if used, shall be securely mounted on a rigid base
and every precaution taken to ensure that the installation is stable
and well protected against possible physical damage.
41. Unless the installation is enclosed by a wire mesh fence not
less than 5 feet in height and provided with a locked gate, tank shut-
off valves shall be shut tight and locked during the absence of the
attendant.
42. (1) Piping shall be carried on permanent steel or concrete
supports, and supports for pipe lines more than 4 feet above ground
shall rest on footings extending below frost line.
(2) Provision shall be made in the piping for expansion, con-
traction and settling.
(3) Pipe lines shall be protected by metal guard rails against
damage from trucks and other traffic.
43. (1) Except as provided in subsections (2) and (3) of this
section, below ground ammonia lines shall be laid not less than 3
feet below ground or be enclosed in a reinforced concrete or steel
trench with a recessed removable cover which shall be flush with
the ground. The trench shall be of sufficient strength to support all
traffic which may pass over it and shall be provided with drainage.
(2) Pipe lines under roadways on railway property shall be
enclosed in an encasing pipe of sufficient strength to support all
traffic which may pass over it and shall be not less than 3 feet below
the surface of the roadway.
(3) Pipe lines under railways shall be installed in accordance
with General Order No. 812.
207
44. (1) Except for pipe lines between adjacent loading or un- Pipe
loading racks, pipe lines on the railway right-of-way within 20 feet Jjear
of the gau~c side of the nearest rail of a track shall be laid not less tracks
than 3 feet below ground; or be enclosed in a reinforced concrete or
steel trench as prescribed in subsection (1) of Section 43; or be
carried on an overhead pipe bridge with a clearance above ground
of not less than 13 feet; or be enclosed by a fence.
(2) Fipe lines running parallel to a track, except those between
adjacent unloading or loading racks, shall not be closer than 10 feet
to the gau^c side of the nearest rail of that track and shall comply
with subsection (1) of this section.
45. Provision shall be made in loading or unloading lines for Relief of
relief of pressure before disconnection. pressure
46. When loading or unloading racks are not employed for load- Protection
ing or unloading tank cars, the filling or discharge terminals shall be or unloading
protected on all sides by a guard rail of metal or other material of terminals,
equivalent strength and permanence. The guard rail shall be not less
than 3 feet in height.
47. Tank car loading or unloading lines shall be equipped with shut-off
shut-off valves located at the tank car end of the loading or unloading loading or
line. These valves shall not be used for throttling purposes, but unloadmg
terminals.
shall be either fully open or fully closed in order not to interfere
with the operation of excess flow valves on the tank car.
48. All piping inside buildings where Anhydrous Ammonia is Grounding
stored or handled shall be grounded to prevent the build-up of static of pipmg>
electricity. The resistance to ground shall be as low as possible and
preferably not more than 6 ohms.
49. (1) All piping, valves and fittings shall be inspected and Testing
tested after assembly and prior to commencing operations for the Snes.
first time and be proven gastight at a pressure not less than the
working pressure of the tank, pump or device to which they are con-
nected, or at 150 psig if this is a higher pressure.
(2) The results of the piping inspection and test shall be reported
to the Board.
50. (1) If housed, pumps or compressors driven by internal internal
combustion
engines
motors.
combustion engines or non-explosion proof motors shall comply with
subsections (3), (4), (5) and (6) of this section. andnon
explosion
(2) The pump or compressor should be separated from the engine Proo_f
or motor by a fireproof and vapour proof wall.
(3) Except for the frame, the building shall be constructed of
noncombustible or fire resistant materials.
(4) Engine exhausts shall terminate outside the building.
(5) The building shall be cross ventilated near the ceiling level.
(6) The entire system shall be maintained in good operating
condition at all times.
208
PART VI
Approved
relief
valves.
Venting
and
location
of relief
valves.
Testing
relief
valves.
Safety Relief Devices
51. (1) Each unrefrigerated tank shall be equipped with one
or more safety relief valves of the spring loaded type or an equivalent
type which have been approved for the intended service by the Boiler
and Pressure Vessel Committee of A.S.M.E., or the Compressed Gas
Association, Inc., or Underwriters' Laboratories.
(2) Such valves shall be of a size that will ensure a rate of
discharge not less than that specified in the current edition of the
Agricultural Ammonia Institute pamphlet "Standards for the Storage
and Handling of Anhydrous Ammonia".
(3) The rate of discharge prescribed in subsection (2) of this
section shall be obtained before the pressure is in excess of 120
per cent of the maximum permitted start to discharge pressure setting
of the device.
(4) The rate of discharge for relief valves on refrigerated tanks
shall be in accordance with the current edition of Agricultural
Ammonia Institute pamphlet, "Standards for the Storage and
Handling of Anhydrous Ammonia".
(5) Safety relief valves on unrefrigerated tanks shall be set
to start to discharge at pressures as prescribed in the current edition
of Agricultural Ammonia Institute pamphlet, "Standards for the
Storage and Handling of Anhydrous Ammonia".
(6) Relief valves on refrigerated containers shall be set to dis-
charge at a pressure not in excess of the design working pressure of
the container.
(7) Safety relief valves shall be installed in a manner that will
ensure that the full relief requirements are always satisfied.
52. (1) ,A11 storage tank relief devices shall be located on the
storage tank and shall have direct communication with the vapour
space of the tank.
(2) If the design of the relief system is such that liquid can
collect on the discharge side of the disc, the valve shall be equipped
with a suitable drain.
(3) Tank safety relief valves shall be vented vertically to
the outside atmosphere at a safe location and at least 7 feet above
the tank; except that for a tank of 2,000 Imperial gallons capacity or
less and not provided with a ladder or other means of access to the
top, the top of the vent shall be not less than 7 feet above ground
level.
(4) The end of the vent pipe shall be fitted with a loose rain
cap that will not freeze in place.
(5) Safety relief devices shall be so arranged that the possibility
of tampering will be minimized.
(6) Return bends and restrictive piping are not permitted in
relief valve piping.
(7) External pressure settings or adjustments shall be sealed.
53. Safety relief valves and devices shall be inspected and tested
prior to being put into service and shall be retested periodically as
prescribed in the Compressed Gas Association pamphlet, "Safety
Relief Device Standards for Compressed Gas Storage Containers".
209
54. (1) A safety relief valve venting to the outside atmosphere
at a height not less than 7 feet above ground level shall be installed
between each pair of shut-off valves in an ammonia line where liquid
may be trapped. The start to discharge pressure shall not be less
than the setting of the container relief valve and not in excess of
400 psig.
(2) Sections of pipe lines between shut-off valves and compres-
sors, or shut-off valves and positive displacement pumps, shall be
equipped with safety relief valves or bypasses set to discharge at a
pressure not less than 240 psig and not over 400 psig.
55. Each safety relief device shall be permanently marked or Marking
labelled by the manufacturer with the following information: valves.
(a) Start to discharge pressure in psig;
(b) Full-open rate of discharge in c.f.m. of air at 60 °F. and
14.7 psia;
(c) Letters "NH3" or "A. A." to indicate its suitability for use in
Anhydrous Ammonia service;
(d) Manufacturer's name or symbol;
(e) Year of manufacture;
(/) A.S.M.E. or Compressed Gas Association, or Underwriters'
Laboratories symbol.
Relief
valves
on pipe
lines.
PART VII
Loading and Unloading
56. (1) The tank car, during loading or unloading operations, Tank
shall be protected on the connected end or ends of the siding by a
sign of metal or other suitable material 12 x 15 inches in size and sign,
reading "STOP— TANK CAR CONNECTED". The word "Stop" shall
be in letters at least 4 inches high and the other words in letters at
least 2 inches high. Letters shall be white on a blue background.
(2) The "Stop" sign shall be placed on the tank car or on the
loading or unloading track in a manner that will ensure it is always
visible to the crew of an engine on the same track.
57. (1) At least one experienced operator supplied by the Loading or
consignor or the consignee, as the case may be, shall supervise the ^Jceduxes.
loading or unloading operations. During the absence of this operator
from the installation site, loading or unloading shall be discontinued.
(2) During loading or unloading operations, tank car hand
brakes shall be kept applied and the wheels at both ends of the tank
car shall be blocked.
(3) Tank cars shall be disconnected from pipe lines immediately
after the completion of loading or unloading operations.
(4) Loading or unloading operations shall be carried out only
during the hours of daylight unless fixed permanent electric lighting
is provided in accordance with Section 63.
58. (1) Except as provided in subsection (2) of this section, the Tank car-
direct transfer of Anhydrous Ammonia between tank cars and tank {refers*
trucks on carrier's right-of-way is prohibited.
210
Tank car-
tank truck
transfers
(cont'd.)
Loading or
unloading
on carrier's
track.
Grounding
and
bonding of
loading or
unloading
tracks.
58. (2) If the location is sufficiently isolated and operating pro-
cedures are employed which will ensure that there will be no increase
in hazard, the Board will consider applications for relief from sub-
section (1) of this section at temporary loading or unloading sites
where not more than ten tank cars of Anhydrous Ammonia per year
will be handled.
59. The loading or unloading of tank cars located on a carrier's
track are subject to the following conditions:
(1) Except as provided in subsection (4) of this section, tank
car liquid discharge connections shall be equipped with excess flow
valves.
(2) Except as provided in subsection (2) of Section 58, lading
shall be piped directly to permanent storage tanks of sufficient
capacity to receive the entire contents of the tank car. The tanks
and all of the facilities associated with them shall be in accordance
with all applicable regulations of this Order.
(3) When the carrier's track is a team track, it is recommended
that where practicable, the tank car be protected during loading or
unloading by a locked derail located at least one car length from the
tank car on the connected end or ends of the team track.
(4) Tank cars of the I.C.C. 106 A type may be loaded or unloaded
on carrier's track if written permission is obtained from the carrier
concerned, and equipment is provided for the safe unloading or load-
ing of the unit tanks, but such tanks shall not be stored on carrier's
property except as provided in these regulations.
60. Loading or unloading tracks which cross street railway tracks
or show evidence of stray electric currents shall be insulated from
the rest of the track at the loading or unloading site in accordance
with section (3) of General Order No. 602. Loading or unloading
tracks equipped for electrical operation shall comply with sections
3, 5 and 6 of General Order No. 602.
PART VIII
General
House-
keeping of
grounds.
Repairs.
Electrical
installations.
61. The area within 25 feet of a storage tank exceeding 200
Imperial gallons, a loading or unloading rack, pump, building, etc.,
shall be kept free of debris, and grass and weeds shall be kept cut
to a height not exceeding 6 inches. The general housekeeping and
maintenance of buildings, tanks, etc., shall be of the highest standard.
62. Defective piping, valves, or fittings shall be repaired
immediately.
63. All electrical equipment, fixtures, switches, and wiring inside
buildings where Anhydrous Ammonia is stored or handled shall con-
form to the requirements of the latest edition of the Canadian
Electrical Code for Class I, Division II hazardous locations and any
local or provincial requirements of a higher standard. Electrical
installations in other locations within 25 feet of any Anhydrous
Ammonia storage tank, equipment, or loading or unloading point
shall conform to the requirements of the latest edition of the Cana-
dian Electrical Code for corrosive atmospheres (Category 2).
211
Painting
of tanks.
Construc-
tion and
house-
keeping of
buildings.
64. (1) All uninsulated storage containers with a water capacity
exceeding 100 Imperial gallons which are installed out-of-doors shall
be painted with a white heat reflective coating, preferably an enamel
or self-cleaning paint.
(2) The words "Caution — Ammonia" in letters not less than 6
inches high shall be painted on each outdoor tank with a water
capacity exceeding 2,000 Imperial gallons.
65. (1) Except for the frame, pumphouses, compressor houses,
or buildings in which Anhydrous Ammonia is handled shall be con-
structed of noncombustible or fire resistant materials.
(2) All enclosures where Anhydrous Ammonia is handled shall
be cross ventilated with permanently open louvers at the ceiling
level.
(3) Containers of flammable liquids or gases shall not be stored
in a room occupied by Anhydrous Ammonia equipment.
(4) Buildings shall be maintained in a clean and tidy condition.
66. Smoking and the use of portable open flame lights or equip- Smoking,
ment shall be prohibited except in certain isolated and clearly desig-
nated areas. Signs to this effect shall be posted at the plant entrances
and at the loading and unloading sites. (See Section 69 for restric-
tions applying to welding.)
Inspection
by Board.
Reporting
accidents.
67. All Anhydrous Ammonia installations are subject to inspec-
tion at any time by any duly authorized officer of the Board.
68. The owning or operating company shall report by wire to
the railway company and the Director of Operation, Board of Trans-
port Commissioners, Ottawa, every fire resulting in damage to the
installation, explosion, or major pipe line or tank failure occurring on
the installation, and shall submit a detailed report by mail.
69. Welding shall not be permitted within 100 feet of a loading Welding,
or unloading site while loading or unloading operations are in prog-
ress. At other times, welding shall only be allowed when carried out
under close supervision and in accordance with the provisions of
Canadian Standards Association pamphlet W-117.
70. (1) Each storage area with a water capacity exceeding 2,000
Imperial gallons should be protected by at least one standard fire
hydrant so located that a 2^-inch hose stream may be used for con-
trolling a fire on the site or for cooling a tank in case of adjacent fires.
Consultation with the local fire authority is recommended.
(2) Fire extinguishers suitable for small fires shall be available
on installations with a storage capacity exceeding 2,000 Imperial
gallons. At least one fire extinguisher shall be kept on the outside
premises.
71. The principal hazards associated with the handling of
Anhydrous Ammonia are as follows:
(1) Mixtures of air and Anhydrous Ammonia consisting of 16
to 25 per cent by volume of Anhydrous Ammonia are flammable and
may ignite at a temperature as low as 1204°F. in the presence of iron.
For outdoor installations, this condition is not likely to be obtained
Fire
prevention.
Hazards.
212
Hazards
(cont'd.)
Safety-
equipment.
References.
71. (1) (cont'd.)
except as a result of a tank or pipe line rupture. However, serious
fires and explosions have occurred in which Anhydrous Ammonia
was a contributing factor. Anhydrous Ammonia becomes slightly
unstable at 840-930°F. and dissociates into hydrogen and nitrogen.
The presence of small quantities of oil or other combustible material
in Anhydrous Ammonia will increase the fire hazard.
(2) One hundred p.p.m. is the maximum average atmospheric
concentration of ammonia to which workers may be repeatedly
exposed without adverse effect on their health. Exposure to concen-
trations of 250 p.p.m. for 30 minutes is considered dangerous and an
exposure of 30 minutes' duration to concentrations of 5,000 p.p.m. is
considered to be fatal. Industrial gas masks of a type approved for
use in ammonia atmospheres should be located in a convenient place.
Approximately 400 p.p.m. will cause immediate throat irritation and
700 p.p.m. will cause immediate eye irritation.
(3) In addition to the above mentioned hazards, Anhydrous
Ammonia is shipped and stored under pressure and those general
safety precautions prescribed for the handling of compressed gases
should be observed.
72. Safety equipment, as prescribed in the current edition of
Agricultural Ammonia Institute pamphlet, "Standards for the Storage
and Handling of Anhydrous Ammonia", should be provided at all
bulk storage installations.
73. For further details, the following publications are suggested:
(a) "Standards for the Storage and Handling of Anhydrous
Ammonia", by the Agricultural Ammonia Institute of
Memphis, Tennessee.
(b) "Anhydrous Ammonia Pamphlet G-2", by the Compressed
Gas Association, Inc., 11 West 42nd Street, New York 36,
New York.
(c) "Chemical Safety Data Sheet SD-8", by the Manufacturing
Chemists' Association, Inc., 1625 Eye Street N.W., Washing-
ton 6, D.C.
(d) Compressed Gas Association pamphlet "Safety Relief
Device Standards for Compressed Gas Storage Containers",
published by the Compressed Gas Association, Inc., 11 West
42nd Street, New York 36, New York.
(c) Liquefied Petroleum Gas pamphlets No. 58 and No. 59 by
the National Fire Protection Association, 60 Batterymarch
Street, Boston 10, Massachusetts.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners
for Canada.
213
GENERAL ORDER No. 843
In the matter of regulations governing the construction, filing and posting of
telegraph and telephone tariffs by telegraph and telephone companies:
File No. 10041.155
Wednesday, the 1st day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
1. The regulations attached hereto as Tariff Circular 3, entitled "Regula-
tions Governing the Construction, Filing and Posting of Telegraph and
Telephone Tariffs by Telegraph and Telephone Companies", are prescribed for
the use of telegraph and telephone companies who are required to file tariffs
with the Board.
2. General Order No. 658 and General Order No. 661 are rescinded.
3. This General Order shall come into force on the date shown in the
said Tariff Circular 3.
ROD KERR,
Chief Commissioner.
GENERAL ORDER No. 844
In the matter of rules governing the preparation of accounts in respect of the
cost of relocation of a public utility plant that is part of a work ordered
or approved by the Board and for which a grant may be made from The
Railway Grade Crossing Fund:
File No. 11026.74
Friday, the 10th day of April, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
The following rules entitled "Rules Governing the Preparation of Accounts
by a Public Utility Company in Respect of the Cost of Relocation of a Public
Utility Plant" are approved and apply to accounts required to be submitted
to the Board by a public utility company in respect of the cost of relocation of
a public utility plant that is part of a work approved or ordered by the Board
and for which a grant may be made from The Railway Grade Crossing Fund.
Rules Governing the Preparation of Accounts by a Public Utility Company
in Respect of the Cost of Relocation of a Public Utility Plant.
1. In these rules,
"Public utility company" means a public utility company or a Commission
with authority to construct or maintain lines, wires, other conductors, or other
structures or appliances for telegraphic or telephonic purposes, or for the
214
conveyance of power or electricity for other purposes and includes a company,
Commission or other public body lawfully engaged in the distribution of gas
to the public and such other company, Commission or public body as the Board
may from time to time determine.
2. The cost of relocation of sewers and water lines shall not be included
in any account submitted pursuant to these rules.
3. Unless otherwise directed by the Board, accounts shall be prepared in
accordance with these rules.
4. (1) Labour Cost
All labour shall be shown as payroll hours worked on the project
and at actual payroll rates. In addition, there may be included in
the accounts a proportion of wages allowed for statutory holidays
and a proportion of wages allowed for vacation pay.
(2) Surcharges
To all items of labour cost there may be added surcharges to cover
the following:
(i) Supervision, Accounting and use of tools . . 10%
(ii) Pensions A percentage may be
The surcharges covering supervision, accounting and use of
small tools are in lieu of the costs of all salary and expense of any
general or supervising officer, or other person regularly employed,
having supervision over the utility company's or Commission's
operation or maintenance, including all overhead office expense, cost
of draughting-room, accessories, etc., all stenographic or clerical
forces employed in head, divisional, or district offices, handling
matters pertaining to the work, all charges for minor equipment and
small tools.
(3) Special Engineering Services
(a) Only a direct charge is allowed for engineering services when
it is necessary for their employment continuously and exclusively
on the particular work, plus the surcharges herein provided.
(b) Under this item the wages of office engineers and draughtsmen
assigned to the work in the preparation of plans after the issue of
the Board's Order, plus the surcharges herein provided may be
charged.
(c) The word "assigned" in paragraph (b) of this subsection means
continuous service for one day, or more, solely in connection with
the particular project, but does not permit accumulation of short
intermittent periods to equal one day.
added to direct labour
in accordance with
the utility company's
or Commission's
actual pension costs.
(iii)
(iv)
(v)
Workmen's Compensation .
Unemployment Insurance .
Health and Welfare benefits
2%
1%
1.75%
215
5. Workmen's Compensation
Award in payment of compensation claims for injury or death are not
allowed.
6. Transportation of Men
Reasonable charges may be allowed for transportation of the utility com-
pany's or Commission's labour or employees to and from the project.
7. Material
(1) To the invoice price (including freight, customs duty, sales tax and
exchange) of all items of materials and supplies used, add 15 per cent to cover
supervision, store expense, inspection, accounting, handling and transportation
from the utility company's or Commission's stores to the project.
(2) Proper credit is allowed for salvage materials, less 15 per cent to
cover expense of supervision, inspection, store expense, accounting, handling
and transportation.
8. Contract Work
To the contract price of work done by an outside contractor, there may be
added a premium of 3 per cent to cover supervision, accounting and inspection.
9. Rental of Equipment
Equipment rental charges may be allowed at rates relative to the rental
of similar types of equipment in the area involved. Percentage allowance shall
not be added to equipment rentals.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
GENERAL ORDER NO. 845
Wednesday, the 13th day of May, A.D. 1959.
In the matter of rules governing the preparation of accounts by a Road Authority
in respect of the cost of a work ordered or approved by the Board and
for which a grant may be made from The Railway Grade Crossing Fund.
File No. 11026.74
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Asst. Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
It is hereby ordered as follows:
The following rules entitled "Rules Governing the Preparation of Accounts
by a Road Authority" are approved and apply to accounts required to be sub-
mitted to this Board by a Road Authority in respect of the cost of:
(a) the elimination of an existing level crossing by a grade separation;
(b) the reconstruction and improvement of an existing grade separation;
and
(c) the improvement at an existing level crossing of a public highway and
any railway under the jurisdiction of this Board that is part of a work
approved or ordered by the Board and for which a grant may be
authorized from The Railway Grade Crossing Fund.
216
1. Unless otherwise directed by the Board, accounts shall be prepared in
accordance with these rules.
2. (1) Labour Cost: All labour shall be shown as payroll hours worked on
the project and at actual payroll rates. In addition, there may be included in
the accounts a proportion of wages allowed for statutory holidays and for
vacation pay.
(2) Surcharges: To all items of labour cost there may be added surcharges
to cover the following:
(i) Supervision, Accounting and use of tools 10%
(ii) Pensions A percentage may be added to direct labour
in accordance with the Road Authority's
actual pension costs.
(iii) Workmen's Compensation 2%
(iv) Unemployment Insurance 1%
(v) Health and Welfare benefits 1.75%
The surcharges covering supervision, accounting and use of small tools
are in lieu of the costs of all salary and expense of any general or supervising
officer, or other person regularly employed, having supervision over the Road
Authority's operation or maintenance, including all overhead office expense,
cost of draughting-room, accessories, etc., all stenographic or clerical forces
employed in head, divisional, or district offices, handling matters pertaining to
the work, all charges for minor equipment and small tools.
(3) Special Engineering Services:
(a) Only a direct charge is allowed for engineering services when it is
necessary for their employment continuously and exclusively on the
particular work, plus the surcharges herein provided.
(b) Under this item the wages of office engineers and draughtsmen assigned
to the work in the preparation of plans after the issue of the Board's
Order, plus the surcharges herein provided may be charged.
(c) The word "assigned" in paragraph (b) of this subsection means con-
tinuous service for one day, or more, solely in connection with the
particular project, but does not permit accumulation of short inter-
mittent periods to equal one day.
(d) Where consulting engineers' services are used for any portion of the
work, a charge for the consultant's fees is allowed in the account of the
Road Authority for the consulting engineers' services but shall not
exceed the prevailing rates for consulting engineering services in the
province involved.
3. Workmen's Compensation:
Award in payment of compensation claims for injury or death are not
allowed.
4. Transportation of Men:
Reasonable charges may be allowed for transportation of the Road Author-
ity's labour or employees to and from the project.
5. Material:
(1) To the invoice price (including freight, customs duty, sales tax and
exchange) of all items of materials and supplies used, an amount up to 15
per cent may be added to cover supervision, store expense, inspection, account-
ing, handling and transportation from the Road Authority's stores to the project.
217
(2) Proper credit should be allowed for salvage materials, less an amount
up to 15 per cent to cover expense of supervision, inspection, store expense,
accounting, handling and transportation.
6. Contract Work:
(1) To the contract price of work done by a contractor there may be
added a premium to cover supervision, accounting and inspection of 3 per cent
on amounts up to $50,000.00; of 2 per cent on the excess of $50,000.00 up to
$100,000.00; and of 1 per cent on the excess over $100,000.00.
(2) Where a consulting engineer handles the complete project for the Road
Authority, that is, complete supervision, accounting and inspection, then no
premium shall be added.
7. Land Purchases and Damages:
To the purchase price of land and property damages, registration fees,
special taxes, fees paid into court, and commissions paid for purchase settlement,
there may be added a premium to cover supervision, accounting, etc., of 3
per cent, on amounts up to $50,000.00; of 2 per cent on the excess of $50,000.00
up to $100,000.00; and of 1 per cent on the excess over $100,000.00.
8. Rental of Equipment:
Equipment rental charges may be allowed at rates relative to the rental of
similar types of equipment in the area involved. Percentage allowance shall not
be added to equipment rentals.
ROD KERR,
Chief Commissioner.
GENERAL ORDER No. 846
In the matter of testing and repairing of highway crossing protective devices:
File No. 15382
Friday, the 29th day of May, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
It is hereby ordered as follows:
1. That all highway crossing protective devices upon the line of any railway
company subject to the legislative authority of the Parliament of Canada,
installed for the purpose of protection, shall be efficiently maintained by the
railway company upon whose line the protection is installed and shall be tested
as follows:
(a) For all crossings protected by bell and danger signs, or by mechanical
gates, or by wig-wag signals, the tests shall be made at least once a
day, except during week-ends and legal holidays when such tests may
be made once every two days.
(b) For all crossings protected by flashing light signals and bells; or by
flashing light signals, bells and gates the tests shall be made at least
once in each calendar week.
218
2. The method of tests shall be such as will indicate whether or not the
highway crossing protective devices are in good working order. If the highway-
crossing protective devices fail to operate or operate improperly, notice shall be
given at once by the railway employee discovering such failure or improper
operation, either to the station agent nearest such highway crossing protective
device, or to the train dispatcher, whose duty it shall be to report the matter
at once to the Department having charge of the operation and repair of such
highway crossing protective devices. As soon as possible after the receipt of
such notice a flagman shall be placed at such crossing in order that all users
of the said crossing may be protected until the highway crossing protective
device concerned has been repaired. If the protection is for more than four
tracks two flagmen shall be used.
3. General Orders Nos. 755 and 789, dated the 19th day of May, 1951, and
the 7th day of August, 1953, respectively, are rescinded.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
219
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
APRIL, 1959.
Railway Accidents 153 Killed 8 Injured 165
Level Crossing Accidents .... 31 Killed 10 Injured 39
Total 184 18 204
Killed Injured
Passengers — 16
Employees 2 154
Others 16 34
Total 18 204
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Quebec
1 — Pedestrian struck by train.
— 1 Automobile struck by train. Licence: Que. 352-835.
— 2 Automobile ran into side of train. Licence: Que. 521-461.
2 — Automobile struck by train. Licence: Que. 559-782.
1 — Auto truck struck by train. Licence not given.
— 3 Auto truck ran into side of train. Licence: Que. FH-6381.
— 1 Automobile ran into side of train. Licence: Que. 269-903.
— 1 Automobile ran into side of train. Licence not given.
Ontario
1 1 Automobile struck by train. Licence: Ont. 995-760.
— 1 Gasoline truck struck by train. Licence: Ont. 585-420.
— 2 Automobile ran into side of train. Licence: Ont. C-54143.
— 1 Dump truck struck by train. Licence: Ont. 463-62-2.
2 Automobile ran into side of train. Licence: Ont. H-85942.
— 1 Automobile ran into side of train. Licence: Ont. D-7055.
— 1 Automobile struck by train. Licence: Ont. 741-549.
— 2 Auto truck struck by train. Licence: Ont. 60019-C.
— 1 Auto truck struck by train. Licence: Ont. 6100 1-C.
1 1 Automobile ran into R.D. Car. Licence: Ont. A-12719.
1 — Automobile ran into side of train. Licence: Ont. 668-929.
Manitoba
- 1 Automobile ran into side of train. Licence: Man. 4-J-97.
- 5 Track motor car struck by automobile. Licence: Man. 2-B-750.
Saskatchewan
1 Automobile struck by train. Licence: Sask. 72-210.
1 — Auto truck struck by train. Licence: Sask. C-9-777.
, Alberta
1 — Auto truck ran into side of train. Licence: Alta. PS-24738.
- 1 Automobile ran into side of train. Licence: Alta. ND-270.
4 Track motor car struck school bus. Licence: Alta. FB-100-769.
1 — Automobile struck by train. Licence: Alta. EK-907.
220
Killed Injured
British Columbia
— 1 Track motor car struck automobile. Licence not given.
— 2 Automobile ran into side of train. Licence: B.C. 396-494.
— 1 Pedestrian attempted to board train at crossing and fell.
— 2 Automobile struck by train. Licence: B.C. 356-334.
Of the 31 accidents at highway crossings 20 occurred at unprotected crossings,
11 at protected crossings, 19 occurred after sunrise and 12 after sunset.
Ottawa, Ontario, June 29, 1959.
SUMMARY OF ORDERS ISSUED BY THE BOARD
98062 June 2 — Approving tolls published in tariffs filed by the Canadian Freight
Assoc. under sections 3 and 8 of the Maritime Freight Rates Act.
98063 June 2 — Authorizing the Township of MacDiarmid Statute Labour Board to
relocate the public crossing of the highway and the C.N.R. at Mileage
36.64 Dorion Subd.
98064 June 2 — Approving application of the Quebec Dept. of Roads for the installa-
tion of automatic protection at crossing of the C.N.R. and St. Andre
Road in Chambord, Mileage 64.12 Jonquiere Subd.
98065 June 2 — Authorizing the City of St. Johns, P.Q. to install automatic protection
at the crossing of the C.N.R. and Mercier St., in St. Johns, Mileage
24.76 Rouses Point Subd.
98066 June 2 — Authorizing the Quebec North Shore and Labrador Railway Company
to make signal changes between Mileage 340 and Mileage 357
Menihek Subd., Nfld.
98067 June 2 — Approving flammable liquid bulk storage facilities of North Star Oil
Limited at Flin Flon, Man.
98068 June 2 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Airport Road, Mileage 15.06 Brampton Subd.,
and Rexdale Blvd., Mileage 14.94 Brampton Subd., in Malton, Ont.
98069 June 2 — Rescinding Order 62795 which approved facilities of Canadian Oil
Companies Limited near the tracks of the C.N.R. at Belleville South,
Ont.
98070 June 2 — Approving proposed petroleum gas bulk storage facilities of Quintane
Gas Company at Kingston, Ont. (C.P.R.)
98071 June 2 — Authorizing the Alberta Dept. of Highways to construct Highway 41
over the C.P.R. in Sec. 21, Twp. 40, Rge. 6, W.4M.
98072 June 2 — Authorizing the Manitoba Dept. of Public Works to construct a
by-pass of the Trans-Canada Highway by means of an overhead
bridge over the C.N.R. at Mileage 10.46 Gladstone Subd.
98073 June 2 — Authorizing the N.S. Dept. of Highways to reconstruct the highway
over the C.N.R. at Stewiacke, N.S.
98074 June 3 — Approving tolls published in tariffs filed by the C.N,R. under
section 3 of the Maritime Freight Rates Act.
98075 June 3 — Authorizing the C.N.R. to remove the station agent at Laura, Sask.,
and to appoint a caretaker.
98076 June 3 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Silton, Sask.
98077 June 3 — Authorizing the City of Brantford, Ont., to construct and maintain a
public pedestrian crossing over the Lake Erie and Northern Railway
Company and the C.N.R. south of Wharf St., Brantford, Ont.
221
98078 June 3 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Sceptre, Sask. (C.P.R.)
98079 June 3 — Approving changes in rate groupings of certain tariff exchanges of
the B.C. Telephone Company.
98080 June 3 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and the Cumberland Telephone
System.
98081 June 3 — Approving proposed flammable liquid bulk storage facilities of
British American Oil Company Limited at Vernon, B.C.
98082 June 3 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and the highway north of station at Lucknow, Ont., Mileage
41.86 Kincardine Subd.
98083 June 3 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. in Woodstock, Ont., Mileage 86.48 Gait Subd.
98084 June 3 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Division de
l'Est).
98085 June 3 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Addison Rural
Independent Telephone Company.
98086 June 3 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Region de
Kamouraska) .
98087 June 3 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Region du
Golfe St-Laurent).
98088 June 3 — Authorizing the removal of the speed limitation at the crossing of
The Chesapeake and Ohio Railway Company and Murray St. in
Wallaceburg, Ont., Mileage 40.8 No. 2 Subd.
98089 June 3 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Heward, Sask., Mileage 6.69 Tyvan
Subd.
98090 June 4 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Raglan St., Renfrew, Ont., Mileage 53.9 Renfrew
Subd.
98091 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Bridge Road (Route 36) at Blackville, N.B.,
Mileage 21.7 Nashwaak Subd.
98092 June 4 — Requiring the C.P.R. to install two flashing light signals and one
bell manually operated by the use of push-buttons, at crossing of
its railway and Governor's Road in the County of Oxford, Ont.,
Mileage 3.78 St. Mary's Subd.
98093 June 4 — Authorizing the Sask. Power Corporation to construct a high
pressure gas main over and under the pipe line of the Interprovincial
Pipe Line Company in Sec. 16, Twp. 30, Rge. 14, W.3M.
98094 June 4 — Authorizing the Rural Munic. of Invergordon No. 430, Sask., to
construct the highway over the C.P.R. between Sections 28 and 33,
Twp. 43, Rge. 24, W.2M., East of Tway, Sask., Mileage 71.42 Prince
Albert Subd.
98095 June 4 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Erin Community Telephone
Company Limited.
98096 June 4 — Authorizing the C.N.R. to relocate the automatic protection at the
crossing of their railway and Arlington and Springvale Avenues
at Armdale, N.S., Mileage 1.21 Chester Subd.
98097 June 4 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Westport Telephone
Company Limited.
222
98098 June 4 — In the matter of apportionment of cost of maintenance and opera-
tion of protection at the crossing of Markham Road and the C.N.R.
in the Village of Richmond Hill, Ont., Mileage 20.85 Bala Subd.
98099 June 4 — Requiring the C.N.R. to install protection at the crossing of the
highway and the C.N.R., known as Harcourt School Crossing, Mileage
38.36 Harcourt Subd., N.B.
98100 June 4 — In the matter of the application of the C.N.R. for an Order amend-
ing Order No. 95834 authorizing the installation of additional pro-
tection at crossing of their railway and Hwy. No. 2 at Mileage 46.43
Chatham Subd., Ont.
98101 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the by-road at Sisson Ridge, N.B., Mileage 49.97
Grand Falls Subd.
98102 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Hwy. No. 45 east of station at Dupuy, P.Q.,
Mileage 33.14 Macamic Subd.
98103 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and High Street (Hwy. No. 26) in the Town of
Collingwood, Ont., Mileage 32.45 Meaford Subd.
98104 June 4 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Dunelm Subd., Sask.
98105 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway at Harcourt, N.B., Mileage 38.16
Harcourt Subd.
98106 June 4 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Hwy. No. 2 at Mileage 30.32 Oshawa Subd., Ont.
98107 June 4 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Hwy. No. 8 west of Parker Station, N.B., Mileage
5.78 Nashwaak Subd.
98108 June 4 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
98109 June 5 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Endeavour, Sask. (C.N.R.)
98110 June 5 — Relieving the C.P.R. from erecting cattle guards at the crossing
of its railway and certain highway crossings on its Outlook Subd.
98111 June 5 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on both sides of the crossings of its railway and the highway on its
Expanse Subd., Sask.
98112 June 5 — Requiring the C.N.R. to install improved protection at the crossing
of its railway and Timothy St., in the Town of Newmarket, Ont.,
Mileage 33.64 Newmarket Subd.
98113 June 5 — Amending Order No. 90145 which authorized the County of Grey
to improve the approach of the crossing of County Road 8A and
the C.N.R., Tv/p. of Normanby, Ont.
98114 June 5 — Relieving the C.P.R. from erecting cattle guards on both sides of
its railway and the highway at Mileage 19.83 Shaunavon Subd., Sask.
98115 June 5 — Amending Order 97883 in the matter of the application of the City
of Lachine for the construction of an overpass in the vicinity of
34th Ave.
98116 June 5 — Rescinding Order No. 65794 which approved the location of facilities
of North Star Oil Limited for the storage of flammable liquids near
the tracks of the C.P.R. at Constance, Sask.
93117 June 5 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Warren Ont.
98118 June 5 — Authorizing the C.P.R. to remove the caretaker at Cairns, Alta.
223
98119 June 5 — Rescinding orders in the matter of removal of the speed limitation
at the crossing of the C.N.R. and Dawson Road, in the City of St.
Boniface, Man., Mileage 149.92 Sprague Subd.
98120 June 5 — Approving flammable liquid bulk storage facilities of the British
American Oil Company Limited at Harbor Grace, Nfld.
98121 June 5 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at White Bear, Sask. (C.N.R.)
98122 June 5 — Approving proposed temporary flammable liquid bulk storage
facilities of the Royalite Oil Company Limited at Albert Canyon,
B.C. (C.P.R.)
98123 June 5 — Approving proposed liquefied petroleum gas storage facilities of
Oughton Unigas Limited at Castle Mountain, Alta. (C.P.R.)
98124 June 5 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Onslow
Road, N.S., Mileage 2.47 Springhill Subd.
98125 June 5 — Approving flammable liquid bulk storage facilities of Shell Oil
Company Limited at Dorval, P.Q. (C.P.R.)
98126 June 5 — Requiring The Toronto, Hamilton and Buffalo Railway Company to
install automatic protection at the crossing of their railway and
Highway No. 24, Mount Pleasant Road, Mileage 63.29 Waterford
Subd., and the crossing of Highway No. 53, Colborne St., Mileage
63.37 Waterford Subd.
98127 June 8 — Approving revisions to tariffs filed by the C.P.R.
98128 June 8 — Authorizing the Manitoba Dept. of Public Works to construct a cross-
ing of Hwy. No. 13 at the intersection of the existing road allowance
and the C.N.R. in the Town of Carman, Man., at Mileage 43.47
Carman Subd.
98129 June 8 — Authorizing the C.N.R. to install improved protection at the crossing
of their railway and Pitt Street, Cornwall, Ont.
98130 June 8 — Authorizing the Township of Ascot, P.Q., to relocate the highway
where it crosses the Quebec Central Railway Company at Mileage
4.66 Quebec Subd.
98131 June 8 — Approving clearance on private siding (C.N.R.) serving Great
Atlantic and Pacific Tea Company Ltd. in the Twp. of Etobicoke,
Ont.
98132 June 8 — Approving flammable liquid bulk storage facilities of North Star
Oil Limited, at Vulcan, Alta. (C.P.R.)
98133 June 8 — Authorizing the C.P.R. to operate over that portion of its Oshawa
Subd. between Mileage 105.2 and Mileage 105.9, in the Munic. of
Metropolitan Toronto, Ont.
98134 June 8 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98135 June 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Northern Alberta Railways Company immedi-
ately west of the west switch at Dunvegan Yards, Alta., Mileage 1.25
Edmonton Subd.
98136 June 9 — Authorizing the Manitoba Dept. of Public Works to construct at
its own expense, Highway No. 10 over the C.N.R. at Mileage 40.88
Erwood Subd., Man.
98137 June 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Kendry, Ont., Mileage 30.4 Peterboro
Subd.
98138 June 9 — Authorizing the C.P.R. to construct a siding extension over the road
allowance at Mileage 79.28 Carberry Subd., Man.
98139 June 9 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Hopetown Telephone
Company Limited.
224
98140 June 9 — Authorizing the C.N.R. to reconstruct their bridge over the Arm-
strong River at Mileage 234.9 Thicket Subd., Man.
98141 June 9 — Authorizing the C.P.R. to construct an extension of its siding track
across Stephens St. in the City of Portage la Prairie, Man., Mileage
54.55 Carberry Subd.
98142 June 9 — Authorizing the C.N.R. to construct a bridge at Mileage 0.35 Hogarth
A-2 Mine, across the mine shaft, Ont.
98143 June 9 — Approving proposed flammable liquid bulk storage facilities of
British American Oil Company Limited near Jamestown, Ont. (A.C.
& H.B. Rly. Co.)
98144 June 9 — Approving revisions to tariffs filed by British Columbia Telephone
Company.
98145 June 9 — Rescinding Order No. 64469 which approved location of facilities of
Imperial Oil limited near the tracks of the C.N.R. at Meskanaw,
Sask.
98146 June 9 — Rescinding Order No. 67159 which approved location of facilities
of Imperial Oil Limited near the C.N.R. tracks at Zelma, Sask.
98147 June 9 — Rescinding Order No. 66985 which approved location of facilities of
Imperial Oil Limited near the tracks of the C.N.R. at Beatty, Sask.
98148 June 9 — Authorizing Northwestern Utilities Limited to construct a high
pressure gas main across and under the pipe line of Interprovincial
Pipe Line Company in Sec. 2, Twp. 39, Rge. 3, W.4M., Alta.
98149 June 9 — Rescinding Order 65474 which approved location of facilities of
Imperial Oil Limited near the tracks of the C.P.R. at Kyle, Sask.
98150 June 9 — Amending the "Uniform Classification of Accounts for Class 1
Common Carriers by Railway".
98151 June 9 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
98152 June 9 — Amending Order No. 95826 re apportionment of cost of installing
improved protection at crossing of the highway and the C.P.R. near
Orangeville, Ont., Mileage 7.36 Teeswater Subd.
98153 June 9 — Rescinding Order No. 66409 which approved the proposed location
of facilities of Meacham Co-operative Association Limited for the
handling of flammable liquids at Meacham, Sask. (C.N.R.)
98154 June 9 — Authorizing the C.N.R. to construct a bridge to replace an existing
culvert at Mileage 86.98 Albreda Subd., B.C.
98155 June 9 — Authorizing the Ontario Dept. of Highways to widen Highway No. 17
where it crosses the C.P.R. in the Twp. of Ross, Ont., Mileage 70.91
Chalk River Subd.
98156 June 9 — Authorizing Nottingham Gas Limited to construct a gas main over
and under the pipe line of the Westspur Pipe Line Company in the
SEi Sec. 5, Twp. 6, Rge. 33, W.1M., Sask.
98157 June 9 — Authorizing the Sask. Power Corporation to construct an aerial
transmission line over the pipe line of Westspur Pipe Line Company
in the SW| Sec. 16, Twp. 5, Rge. 8, West 2M., Sask.
98158 June 9 — Authorizing Nottingham Gas Limited to construct a gas main over
and under the pipe line of the Westspur Pipe Line Company in the
SWi Sec. 4, Twp. 6, Rge. 33, W.1M, Sask.
98159 June 9 — Authorizing the Carnduff Gas Limited to construct a gas main across
and under the pipe line of the Westspur Pipe Line Company in the
NEi Sec. 8, Twp. 5, Rge. 32, W.1M., Sask.
98160 June 9 — Authorizing the C.P.R. to construct and maintain a siding at grade
across the road allowance between Sees. 25 and 26, Twp. 10, Rge.
15, W.5M., Man., Mileage 107.38 Carberry Subd.
98161 June 9 — Authorizing the Sask. Power Corporation to construct an aerial
transmission line across and over the pipe line of the Westspur Pipe
Line Company in the SW£ Sec. 16, Twp. 6, Rge. 32, WPM., Sask.
225
98162 June 9 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Corporation of the Town of
Dryden.
98163 June 9 — Approving proposed Diesel fuel oil storage facilities of the C.N.R.
at Edmonton, Alta., Mileage 3.63 "C" Line Edmonton Terminals.
98164 June 9 — Amending Order No. 56307 to provide that the maintenance cost
placed upon the Dept. of Highways for Ontario, in paragraph three
of the Order, be borne and paid from the date of this Order by the
Town of Copper Cliff.
98165 June 10 — Authorizing Imperial Oil Limited, on behalf of Nottingham Gas
Limited, to construct a gas main across the pipe line of Westspur
Pipe Line Company in the NE^ Sec. 29, Twp. 4, Rge. 32, WPM., Sask.
98166 June 10 — Authorizing the Saskatchewan Power Corporation to construct an
aerial transmission line across and over the pipe line of Westspur
Pipe Line Company in the SW| Sec. 4, Twp. 7, Rge. 31, WPM., Sask.
98167 June 10 — Authorizing The Consumers' Gas Company to construct a gas main
across and under the pipe line of Trans-Northern Pipe Line Com-
pany at Neilsons Road, between Lots 14 and 15, Cone. 4, Twp. of
Scarborough, Ont.
98168 June 10 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Realm, B.C., Mileage 33.98 Okanagan
Subd.
98169 June 10 — Amending Order No. 97749 which authorized the C.N.R. to recon-
struct the approaches of their bridge at Mileage 65.5 Wabamun Subd.,
Alta.
98170 June 10 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to relocate and widen Highway No. 49 where it crosses the
C.N.R. at Mileage 24.01 Assiniboine Subd.
98171 June 10 — Approving proposed flammable liquid bulk storage facilities of North
Star Oil Limited at Regina, Sask., Mileage 91.8 Indian Head Subd.,
C.P.R.
98172 June 10 — Authorizing the C.N.R. to increase the speed of their trains to 35
miles per hour at the crossing of their railway and Marion Street,
St. Boniface, Man., Mileage 150.3 Sprague Subd.
98173 June 11 — Authorizing the Ottawa Suburban Roads Commission to raise the
approaches and to widen the existing crossing of Woodroffe Ave.
and the main line of the C.N.R. in the Twp. of Nepean, Ont., Mileage
8.60 Beachburg Subd.
98174 June 11 — Authorizing the C.P.R. to construct an extension of its siding across
the road allowance at Mileage 106.35 Carberry Subd., Man.
98175 June 11 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway No.
544, at Larchwood, Ont., Mileage 95.73 Cartier Subd.
98176 June 11 — Approving application of Imperial Oil Limited on behalf of Notting-
ham Gas Limited, for leave to construct a gas main across and
under the pipe line of Westspur Pipe Line Company at certain loca-
tions in Sec. 33, Twp. 4, Rge. 32, W.1M., Sask.
98177 June 11 — Approving application of Imperial Oil Limited on behalf of Notting-
ham Gas Limited, for leave to construct a gas main across and
under the pipe line of Westspur Pipe Line Company in the SW£
Sec. 19, Twp. 5, Rge. 32, WPM., Sask.
98178 June 11 — Approving application of Imperial Oil Limited on behalf of Notting-
ham Gas Limited, for leave to construct a gas main across and
under the pipe line of Westspur Pipe Line Company in the NW£
Sec. 32, Twp. 5, Rge. 33, WPM., Sask.
98179 June 11 — Approving application of Imperial Oil Limited on behalf of Notting-
ham Gas Limited, for leave to construct a gas main across and
under the pipe line of Westspur Pipe Line Company in the NEJ
Sec. 23, Twp. 5, Rge. 33, W.1M., Sask.
226
98180 June 11 — Authorizing Nottingham Gas Limited to construct gas mains across
and under the pipe line of Westspur Pipe Line Company at certain
locations in the Province of Sask.
98181 June 11 — Approving application of Imperial Oil Limited on behalf of Notting-
ham Gas Limited to construct a gas main across and under the pipe
line of Westspur Pipe Line Company at certain locations in the
Province of Sask.
98182 June 11 — Authorizing the removal of the speed limitation at the crossing of
Caradoc St. and the C.N.R. in Strathroy, Ont., Mileage 19.85 Strathroy
Subd.
98183 June 11 — Authorizing Imperial Oil Limited to construct gas mains across and
under the pipe line of Westspur Pipe Line Company at certain loca-
tions in the Province of Sask.
98184 June 11 — Amending Order No. 95561 re apportionment of cost of installing
protection at the crossing of the C.P.R. and Front St., Mileage 92.09,
and Pinnacle St., Mileage 92.03, Belleville Subd., Belleville, Ont.
98185 June 11 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98186 June 12 — Requiring the Chesapeake & Ohio Railway Company to install auto-
matic protection at the crossing of County Road No. 16 and its
railway, near Ridgetown, Ont., Mileage 87.3 No. 1 Subd.
98187 June 12 — Requiring the C.N.R. to install automatic protection at the crossing
of its railway and Highway No. 2 at Hillman, N.B., Mileage 123.49
Centreville Subd.
98188 June 12 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and First Range Road in Charette, Co. of St.
Maurice, P.Q., Mileage 62.35 Grand'Mere Subd.
98189 June 12 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Baseline Road, Twp. of Toronto, Ont., Mileage
19.25 Gait Subd.
98190 June 12 — Requiring the Chesapeake and Ohio Railway Company to install
automatic protection at the crossing of its railway and County Road
No. 29, just south of Dresden Stn., Ont., Mileage 40.64 Sarnia and
Erieau Subd.
98191 June 12 — Granting leave to Trans Mountain Oil Pipe Line Company to carry
its pipe line loop across the two public highways as shown on plans
filed with the Board, in the New Wesminster District of B.C.
98192 June 12 — Authorizing the C.N.R. to install signals from Mileage 90.0 to Mileage
116.4 Yale Subd., B.C.
98193 June 12 — Authorizing Consumers' Gas Company to construct a gas main across
and over the right of way of the C.P.R. by fixing the said gas main
to the overhead bridge carrying Victoria Park Ave. in the Twp. of
North York, Ont., Mileage 99.82 Oshawa Subd.
98194 June 12— Amending Order No. 95250, as amended by Order No. 95821, re
apportionment of cost of improving the approach grades at crossing
of the highway and the C.P.R. in the Twp. of Amaranth, near
Orangeville, Ont., Mileage 3.93 Owen Sound Subd.
98195 June 12 — Authorizing the Manitoba Dept. of Public Works to construct the
Trans-Canada Highway (Winnipeg By-Pass) across the C.P.R. in
the Parish of St. Norbert, at Mileage 6.71 Emerson Subd.
98196 June 12 — Approving Drawing RW-5700, Rev. 2, submitted by Trans Mountain
Oil Pipe Line Company showing its pipe line loop as constructed
in certain locations in the Prov. of Alta.
98197 June 12 — Approving flammable liquid bulk storage facilities of North Star Oil
Limited at Swan River, Man., C.N.R.
98198 June 12 — Authorizing Consumers' Gas Company to construct a gas main across
and under the pipe line of the Trans-Northern Pipe Line Company
at Finch Ave., Twp. of North York, Ont.
227
98199 June 15 — Authorizing the City of Corner Brook, Nfld., to construct a subway
at the crossing of Petrie St. and the C.N.R., Mileage 408.8 Port aux
Basques Subd.
98200 June 15 — Amending Order No. 92388 re apportionment of cost of constructing
14th Avenue across the C.N.R. by means of an overhead bridge in
the City of Lachine, P.Q.
98201 June 15 — Exempting the C.P.R. from erecting cattle guards at certain highway
crossing on its Matador Subd., Sask.
98202 June 15 — Authorizing the C.P.R. to construct an industrial spur track at
Mileage 90.8 Indian Head Subd. and across Dewdney Ave. and Tenth
Ave., in the City of Regina, Sask.
98203 June 15 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Bredenbury Subd., Man.
98204 June 15 — Authorizing The Consumers' Gas Company to construct a gas main
across and under the pipe line of Trans-Canada Pipe Lines Limited
on the road allowance between Cones. 8 and 9, Lots 27 and 28,
Twp. of Markham, Co. of York, Ont.
98205 June 15 — Rescinding Order No. 70964 which approved the proposed location of
facilities of P.M. Fleming Limited, near the C.N.R. at Kapuskasing,
Ont.
98206 June 15 — Rescinding Order No. 74973 which approved the location of facilities
of Imperial Oil Limited near the tracks of the C.P.R. at Woolford,
Alta.
98207 June 15 — Approving clearances on the siding serving Massey-Ferguson Limited,
in the City of Woodstock, Ont., C.N.R.
98208 June 15 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and D'Arcy St., in the Town of Cobourg, Ont, Mileage
263.4 Oshawa Subd.
98209 June 15 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 37, near Chatham, N.B., Mileage
10.60 Loggieville Subd.
98210 June 15 — Approving facilities of Gibson Petroleum Company Limited, at Gem,
Alta., for its proposed crude petroleum, tank truck to tank car
transfers.
98211 June 15 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 2 and the C.P.R. at Mileage 90.05 Belleville
Subd., Ont.
98212 June 15 — Approving revised Schedule "B" to Agreement between The Bell
Telephone Company of Canada and Canadian Overseas Telecom-
munication Corporation.
98213 June 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Claremont, Ont., Mileage 74.17 Peter-
boro Subd.
98214 June 15 — Authorizing the Township of Etobicoke to construct a water main on
Belfield Road across the pipe line of the Trans-Northern Pipe Line
Company in the Twp. of Etobicoke, Co. of York, Ont.
98215 June 15 — Authorizing Supertest Petroleum Corporation Limited to construct
two pipe lines across and under the pipe line of Trans-Northern Pipe
Line Company in Lot 22, Cone. 3, Twp. of North York, Co. of York,
Ont.
98216 June 15 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Vibank, Sask., Mileage 61.9 Glenavon Subd.,
C.N.R.
98217 June 15 — Rescinding Order 62105 which approved the location of facilities of
Imperial Oil Limited for storage of flammable liquids near the right
of way of the C.P.R. at Schuler, Alta.
228
98218 June 15 — Approving proposed flammable liquid storage facilities of B.P.
Canada Limited at Laverlochere, Ont., C.P.R., Mileage 106.52
Timiskaming Subd.
98219 June 15 — Authorizing the C.P.R. to construct a siding across the unopened
lane of block east of Marshall Ave., in the City of Medicine Hat,
Alta., to serve Alberta Wheat Pool Elevators Limited.
98220 June 15 — Authorizing the Saskatchewan Power Corporation to construct a
power line across and over the pipe line of Trans-Canada Pipe Lines
Limited, in the SW|- Sec. 30, Twp. 15, Rge. 7, W.2M., Sask.
98221 June 15 — Authorizing the Saskatchewan Power Corporation to construct a
power line across and over the pipe line of Trans-Canada Pipe Lines
Limited in the NE£ Sec. 5, Twp. 18, Rge. 5, W.3M., Sask.
98222 June 15 — Approving flammable liquid bulk storage facilities of British
American Oil Company Limited at St. Lambert, P.Q., St. Hyacinthe
Subd., C.N.R.
98223 June 15 — Authorizing the C.N.R. to construct a car ferry slip on Okanagan
Lake, Kelowna, B.C.
98224 June 15 — Approving Drawing submitted by Trans Mountain Oil Pipe Line
Company showing the location of its pipe line loop at certain loca-
tions on the Kamloops Division, Yale District of B.C.
98225 June 15 — Authorizing The Consumers' Gas Company to construct a gas main
across and under the pipe line of the Trans-Northern Pipe Line
Company on Overland Drive in Don Mills, City of Toronto, Ont.
98226 June 15 — Rescinding Orders Nos. 69888 and 76882 which approved the loca-
tion of facilities of Imperial Oil Limited, near the tracks of the
C.P.R. at Spring Coulee, Alta.
98227 June 15 — Approving application of the City of Waterloo, Ont., for authority
to relocate Dearborn Street West where it crosses the C.N.R.
98228 June 15 — Approving plan, profile and book of reference submitted by the
C.P.R. showing the diversion of their track between Mileages 16.2
and 18.1 Lomond Subd., Alta., and authorizing the construction of
the said diversion.
98229 June 15 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98230 June 16 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 27.7 Carman Subd.
98231 June 16 — Approving proposed flammable bulk storage facilities of Shell Oil
Company of Canada Limited at Ste. Agathe, P.Q., Mileage 43.8 Ste.
Agathe Subd., C.P.R.
98232 June 16 — Authorizing the C.N.R. to widen the existing overhead bridge at the
intersection of their railway and Cote de Liesse, Co. of Jacques
Cartier, P.Q., Mileage 4.5 Mount Royal Subd.
98233 June 16 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Highway No. 2 west of Chatham, Ont., Mileage
64.50 Chatham Subd.
98234 June 16 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 45, in the Twp. of Taschereau,
P.Q., Mileage 1.74 Makamic Subd.
98235 June 16 — Requiring the C.P.R. to install improved protection at the crossing
of its railway and the crossing of Parent Ave., Mileage 13.31 and
Avenue du Palais, Mileage 13.38 Ste. Agathe Subd., in the City of
St. Jerome, P.Q.
98236 June 16 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Main St. in the Village of Drayton, Ont.,
Mileage 62.81 Fergus Subd.
98237 June 16 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Wellington Street, in the Village of Drayton,
Ont., Mileage 61.53 Fergus Subd.
229
98238 June 16 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98239 June 16 — Authorizing the Town of Mount Royal to construct a temporary level
crossing at the intersection of Alexis Nihon Blvd. and the C.N.R.
at Mileage 41.9 L'Assomption Subd., and to construct an industrial
spur to serve Canada Dry in the Town of Mount Royal, P.Q., Mileage
0.23 of the industrial spur.
98240 June 16 — Authorizing the C.N.R. to discontinue passenger train service pro-
vided by trains Nos. 173 and 174 between Lynden and Guelph
Junction, Ont.
98241 June 17 — Authorizing the C.P.R. to close the station shelters at Gordon Bay,
Mileage 5.1, Manbert, Mileage 52.5, and Dill, Mileage 116.2 Parry
Sound Subd., Ont.
98242 June 17 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and old Highway No. 17, at Mileage 7.71 M. & O.
Subd., P.Q.
98243 June 17 — Approving application of the Village of Stoughton, Sask., for an
Order declaring the private crossing of the highway and the C.P.R.
just west of the station at Stoughton, Mileage 25.0 Kisbey Subd., to
be a public crossing.
98244 June 17 — Relieving the C.P.R. from erecting cattle guards at highway crossings
at certain mileages on its Vanguard Subd., Sask.
98245 June 17 — Authorizing the County of Essex to widen the highway at the
intersection of Town Line Road and the main line of The Chesapeake
and Ohio Railway Company between the Twps. of Sandwich South
and Colchester North, Co. of Essex, Ont., Mileage 10.9 St. Thomas
Subd.
98246 June 17 — Authorizing The Consumers' Gas Company to construct a gas pipe
line across and under the pipe line of the Trans-Northern Pipe Line
Company on Sheppard Ave., Twp. of North York, Co. of York, Ont.
98247 June 17 — Authorizing the Ontario Dept. of Highways to construct a temporary
crossing of its relocated Highway No. 133 across the C.N.R. in the
Twp. of Smith, Ont., Mileage 69.67 Campbellford Subd.
98248 June 17 — Authorizing Imperial Oil Limited to construct a 6-inch ethylene
pipe line across and under the pipe line of Interprovincial Pipe Line
Company in Lot 4, Range 7, in the City of Sarnia, Ont.
98249 June 17 — Authorizing Imperial Oil Limited to construct an oil pipe line across
and under the pipe line of the Interprovincial Pipe Line Company in
Lot 15, Block A, registered Plan No. 13, Twp. of Sarnia, Co. of
Lambton, Ont.
98250 June 17 — Authorizing Imperial Oil Limited to construct an oil pipe line across
and under the company pipe line of Interprovincial Pipe Line Com-
pany, in the S.£ of Lot 2, Block B, Registered Plan No. 13, Twp.
of Sarnia, Ont.
98251 June 17 — Authorizing Imperial Oil Limited to construct a pipe line across and
under the pipe line of the Interprovincial Pipe Line Company in
Lot 20, Cone. 12, Twp. of Moore, Co. of Lambton, Ont.
98252 June 18 — Authorizing the Quebec Dept. of Roads to widen Lafleur St. where
it crosses the C.P.R. and to construct one additional lane across the
C.P.R. to connect with the new movable bridge over the Lachine
Canal in the Town of LaSalle, P.Q.
98253 June 18 — Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell at the crossing of its railway
and E.C. Row Ave., Third Cone. Road, Twp. of Sandwich East, Ont.
98254 June 18 — Authorizing the Munic. of Metropolitan Toronto to reconstruct and
improve the overhead bridge carrying Kingston Road across the
C.N.R. at West Hill, Twp. of Scarborough, Ont., Mileage 321.45
Oshawa Subd.
230
98255 June 18 — Authorizing the C.P.R. to remove the station agent at Fannystelle,
Man.
98256 June 18 — Dismissing application of the C.P.R. for authority to remove the
caretaker at Nairn, Ont.
98257 June 18 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Suburban
Road No. 93, near Wallenstein Stn., Ont.
98258 June 18 — Authorizing Northland Utilities Limited to construct a gas pipe line
across and under the pipe line of the Trans-Mountain Oil Pipe Line
Company in the SW£ Sec. 11, Twp. 46, Rge. 1, W.6M., Alta.
98259 June 18 — Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell at the crossing of its railway
and Stevenson St. in the City of Guelph, Ont., Mileage 30.58
Goderich Subd.
98260 June 18 — Authorizing Northland Utilities Limited to construct a gas pipe line
across and under the pipe line of Trans-Mountain Oil Pipe Line
Company in the NE£ Sec. 15, Twp. 46, Rge. 1, W.6M., Alta.
98261 June 18 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 39, at Mileage 92.81 Windsor Subd., Ont.
98262 June 18 — Approving proposed flammable liquid bulk storage facilities of
Temiskaming Construction Company at Mileage 80.95 Fort Frances
Subd., C.N.R.
98263 June 18 — Amending Order No. 97993, dated May 22, 1959, in the matter of
apportionment of cost of constructing the highway across the C.P.R.
at Mileage 130.46 Nemegos Subd., Ont.
98264 June 18 — Authorizing the Twp. of Etobicoke, Ont., to construct a water main
across and under the pipe line of Trans-Northern Pipe Line Com-
pany in Twp. Lot 17, Cone. 3 F.T.H.R.
98265 June 18 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Sutherland Subd., Sask.
98266 June 18 — Authorizing the Montreal Metropolitan Corporation to construct an
overhead bridge to replace the existing level crossing at the inter-
section of Cote de Liesse Road and the C.N.R. between the Town
of Mount Royal and the Town of St. Laurent, P.Q.
98267 June 18 — Authorizing the C.N.R. to close as an agency their station at Scotia,
Ont.
98268 June 18 — Authorizing the C.P.R. to remove the caretaker at Two Creeks, Man.
98269 June 18 — Authorizing the Municipality of Metropolitan Toronto to construct
Lawrence Ave. across the C.P.R. by means of a subway at Mileage
100.24 Oshawa Subd., Ont.
98270 June 18 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Monte Creek, B.C., Mileage 111.6
Shuswap Subd.
98271 June 18 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98272 June 18 — Approving revised Drawing and Plan showing details of the pro-
posed location of additional facilities of Shell Oil Company of Can-
ada Limited for the handling and storage of flammable liquids at
Prince Rupert, B.C., C.N.R.
98273 June 18 — Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell at the crossing of its railway
and Highway No. 4 at Mileage 9.14 Walkerton Subd., Ont.
98274 June 18 — Authorizing the Twp. of Bentinck to improve the sight lines at the
crossing of the highway and the C.P.R. in the Twp. of Bentinck,
Co. of Grey, Ont., Mileage 26.8 Walkerton Subd.
98275 June 19 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Estevan, Sask., Mileage 139.0 Portal
Subd.
231
98276 June 19 — Authorizing the C.P.R. to close the station and remove the station
building at Carling, Ont.
98277 June 19 — Authorizing the Alberta Dept. of Highways to widen Highway No.
21-A where it crosses the C.N.R. in the SE£ Sec. 13, Twp. 28, Rge. 26,
W.4M., Alta., Mileage 91.23 Three Hills Subd.
98278 June 19 — Dismissing application of the C.N.R. for authority to remove the
station agent at Truax, Sask.
98279 June 19 — Approving proposed flammable liquid storage facilities of North Star
Oil Limited at Calgary, Alta., near Mileage 173.6 Brooks Subd.,
C.P.R.
98280 June 19 — Approving proposed flammable liquid storage facilities of Champlain
Oil Products Limited at Causapscal, P.Q., C.N.R., Mileage 46.98
Matapedia Subd.
98281 June 19 — Authorizing the Saskatchewan Power Corporation to construct a
four wire power line across and over the pipe line of the Inter-
provincial Pipe Line Company in the NWi Sec. 12, Twp. 14, Rge. 8,
W.2M., Sask.
98282 June 19 — Authorizing the Saskatchewan Power Corporation to construct a
one wire power line across and over the pipe line of the Inter-
provincial Pipe Line Company in the SEJ Sec. 36, Twp. 31, Rge. 18,
W.3M., Sask.
98283 June 19 — Approving proposed additional storage tank of North Star Oil
Limited at Rainy River, Ont., Mileage 0.18 Sprague Subd., C.N.R.
98284 June 19 — Authorizing the County of Essex, Ont. to widen Windsor Suburban
Road No. 5 where it crosses the C.P.R. in the Co. of Essex, Ont.,
Mileage 108.33 Windsor Subd.
98285 June 19 — Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell at the crossing of its railway
and Highway No. 4, at Mileage 32.85 Walkerton Subd., Ont.
98286 June 19 — Authorizing the Saskatchewan Power Corporation to construct a one
wire power line across the pipe line of the Interprovincial Pipe Line
Company in the NW£ Sec. 26, Twp. 18, Rge. 23, W.2M., Sask.
98287 June 19 — Authorizing the C.P.R. to replace the south timber approach and
south timber pier with a new steel pier of Bridge No. 54.4 MacTier
Subd., Ont.
98288 June 19 — Authorizing the Saskatchewan Power Corporation to construct a one
wire power line across and over the pipe line of the Interprovincial
Pipe Line Company in the SWi Sec. 4, Twp. 21, Rge. 26, W.2M.,
Sask.
98289 June 19 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to construct Highway No. 47 across the C.N.R. at Mileage 12.11
Lewvan Subd., Sask.
98290 June 19 — Authorizing the Ontario Department of Highways to construct
Development Road No. 471 across the Chesapeake and Ohio Railway
Company in Lot 24, Front Concession, Twp. of Moore, Mileage 60.73
No. 2 Subd, Ont.
98291 June 19 — Ordering that all movements over the crossing of the C.N.R. and
Marie Victorin Road (Quebec Provincial Highway No. 3) in the
Town of Tracy, P.Q, Mileage 42.38 Sorel Subd, shall be flagged by
a member of the train crew.
98292 June 19 — Authorizing the C.N.R. to construct a bridge over a private road at
Mileage 127.74 St. Felicien-Chibougamau Branch Line, P.Q.
98293 June 19 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Apohaqui, N.B, Mileage 47.81
Sussex Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
GTfje JSoarb of
tCran^ort Commissioners; for Canaba
9 ; -: r> 9 fl in - \
GENERAL ORl3& No.' 847
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, AUGUST 1. 1959 No. 9
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selhjaf pri^e when documents are
mailed to other countries. Early application should be made-'for copiesvin quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer; Ottawa
Authorized as Second Class Mail, Post-'Office Department, Ottawa.
In the matter of Regulations governing the U&'rftyji, location, c^s^truciion and
operation of Natural Gas, Pintsch Gas and^ji^uefied ^trpi€um Gas fuel
systems on railway cars:
File No. 4739.8
Wednesday, the 3rd day of June, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
It is hereby ordered as follows:
1. The following regulations entitled "Regulations Respecting Gas Fuel
Systems on Railway Cars" govern the design, location, construction and opera-
tion of systems employing Natural Gas, Pintsch Gas or Liquefied Petroleum Gas
as a fuel for heating, lighting, refrigeration, cooking, etc., on the railway cars
of all railway companies subject to the jurisdiction of the Board.
2. (1) These regulations apply to new systems and to additions or changes
to existing systems;
(2) Notwithstanding the provisions of subsection (1) of this Section,
systems installed before the date of this Order shall be operated in accordance
with the regulations herein prescribed and, if ordered by the Board, shall also
be made to conform to those regulations pertaining to location, construction
and design.
3. These regulations shall become effective on the 1st day of July, 1959.
4. The following General Orders are rescinded, effective July 1, 1959:
General Order No. 25 dated January 25, 1909;
General Order No. 67 dated December 9, 1910;
General Order No. 82 dated November 27, 1911;
General Order No. 282 dated January 29, 1920.
233
74094-4—1
234
REGULATIONS RESPECTING GAS FUEL SYSTEMS ON
RAILWAY CARS
PART I
Definitions
Section 1. In these regulations:
(1) Natural Gas is a mixture of low molecular weight
hydrocarbon gases of which Methane is the principal con-
stituent. These gases are formed underground, frequently
in association with petroleum or coal, as a result of natural
processes.
(2) Pintsch Gas is the product obtained by "cracking"
oil and compressing the oil gas to 10 to 14 atmospheres.
(3) Liquefied Petroleum Gases are light hydrocarbon
gases, such as Propane, Normal butane, Propylene, Iso-
butane and Butylene which are derived from the pro-
cessing of petroleum or natural gas. They are in the
gaseous state at normal atmospheric temperatures and
pressures, but may be maintained in a liquid state by the
application of moderate pressure.
(4) The term "System" as used in these regulations:
refers to an assembly of equipment consisting essentially
of cylinders, relief valves, excess flow valves, pressure
regulators, shut-off valves, piping, and appliances usedj
for heating, cooking, lighting, refrigeration, etc.
(5) The word "shall" is used to indicate mandatory
regulations. The word "should" is used to indicate recom-
mendatory regulations.
(6) Service Pressure shall mean the pressure which is
marked on the gas storage container of the system. For
example, for a container marked BTC 3 A 300, the service
pressure is 300 pounds per square inch gauge.
PART II
Rule.
Leave of
the Board.
Application.
B.T.C.
Containers.
Applications to the Board
Section 2. A person may install a system without leave of the
Board if it complies with these regulations.
Section 3. No person shall install a system which does not
comply with these regulations without leave of the Board.
Section 4. Applications for leave to install a system that does
not comply with these regulations shall be submitted to the Secretary
of the Board, together with two copies of all drawings anc
specifications.
PART III
Storage Containers
Section 5. The storage container of the system shall comph
with one of the following Board of Transport Commissioners
Specifications: 3A, 3AA, 3B, 4, 4A, 4B, 4BA, 51, as prescribed in th<
latest edition of the Board's regulations for the "Transportation o
Dangerous Commodities by Rail".
235
Section 6. (1) The Service pressure of the storage container, as
specified in the Board's regulations, shall not be less than
the pressure of the contents at 70 °F.
(2) The pressure in the storage container at 130°F.
shall not exceed 125 per cent of the service pressure.
Section 7. (1) Except as provided in subsection (4) of this Section,
each storage container shall be equipped with one or more
safety relief devices of a type approved for the intended
service by the Bureau of Explosives, 30 Vesey Street, New-
York 7, New York.
(2) The safety relief devices shall have a rate of dis-
charge that will prevent rupture of the normally charged
container when it is placed in a fire.
(3) The safety relief devices shall be installed in such
a manner that the full relief requirements are always
satisfied.
(4) Safety relief devices are not required on containers
charged with non-liquefied gas under pressures not
exceeding 300 pounds per square inch gauge at 70°F.
Section 8. Storage cylinders shall be retested in accordance
with Section 73.34 ( j) and portable tank containers shall be retested
in accordance with Section 73.32(e) of the latest edition of the
Board's regulations for the "Transportation of Dangerous Commodi-
ties by Rail".
Section 9. (1) The liquid portion, if any, of the gas or mixture of
gases shall not completely fill the storage container at
130°F.
(2) Except as provided in subsection (3), the amount
of liquefied gas charged into storage containers shall be
determined by weighing.
(3) Storage containers with a water capacity of 200
pounds or more charged with liquid petroleum gas with a
specific gravity of 0.504 or greater at 60°F. may have their
contents determined by a fixed length dip tube gauging
device which shall comply with the requirements of
Section 73.301(h)(1) of the latest edition of the Board's
regulations for the "Transportation of Dangerous Com-
modities by Rail".
(4) A storage container filled with a non-liquefied gas
shall be equipped with a pressure gauge suited to the
intended service.
(5) Filling of car storage containers in place is not
recommended, but if necessary, should only be done when
the car is unoccupied and spotted at a location as remote
from main tracks, occupied buildings, etc., as possible and
where conditions can be rigidly controlled and supervised.
(6) All Liquefied Petroleum Gas bulk storage installa-
tions shall comply with the regulations of General Order
No. 841 and the location, design, construction and opera-
tion of other flammable compressed gas bulk storage
installations located on the right-of-way shall be approved
by the Board prior to being put into operation.
74094-4—2
Service
pressure.
Safety-
relief
devices.
Retest of
containers.
Filling of
storage
containers.
236
Installation
of
containers.
Container
shut-off
valve.
Section 10. (1) Storage containers shall be installed on the outside
of the railway car in a place and in a manner that will
minimize the possibility of mechanical damage.
(2) Installation of the storage containers and accessory
equipment shall be in strict compliance with all clearance
regulations of the Board.
(3) Storage containers shall be secured in place by
fastenings having a minimum factor of safety of four and
designed to withstand loadings in any direction equal to
four times the filled weight of the storage container.
Section 11. Each storage container shall be equipped with an
individual shut-off valve.
PART IV
Outside
valves
and
fittings.
Second
stage
regulation.
Inside
shut-off
valve.
Type of
control
equipment
required.
Flow rates
for excess
flow valves.
Protection
of control
equipment.
Accessory Equipment
Section 12. (1) Accessory equipment arranged in sequence from the
manual shut-off valve of the storage container to the
manual shut-off valve of the appliance shall consist of the
following: Check valve, first stage or high pressure regu-
lator, and a high pressure excess flow valve, all located
on the outside of the railway car.
(2) In addition, the system should contain a second
stage or low pressure regulator and a low pressure excess
flow valve, all located on the outside of the railway car.
(3) A master manually operated shut-off valve shall
be provided inside the railway car. This is in addition
to the shut-off valve normally provided on each appliance.
Section 13. All valves, gauges, regulators and other accessory
equipment shall be of a type suitable for the intended service and
shall be designed for not less than the maximum working pressure
to which they will be subjected, as prescribed in Part VI.
Section 14. (1) High pressure excess flow valves shall close at not
more than 300 cubic feet per hour.
(2) Low pressure excess flow valves shall close at not
more than 125 cubic feet per hour.
Section 15. The filling end of the storage container and the
accessory equipment mentioned in subsections (1) and (2), Section
12, shall be protected against physical damage, the weather and
tampering by a metal cabinet or shield.
PART V
Appliances
fPes°ofed Section 16. (1) All appliances installed in or on a railway car and
apphSances. which are used for heating, cooking, lighting, refrigeration,
etc., shall be approved for the intended service by a
nationally recognized Canadian or United States testing
laboratory, such as Underwriters' Laboratories of Canada,
7 Crouse Road, Scarborough, Ontario, and shall be
permanently marked or labelled to indicate that this
approval has been granted.
237
(2) Approval to use a fuel gas other than the one
specified on the rating plate of the appliance shall be
obtained from one of the nationally recognized testing
laboratories referred to in subsection (1) of this Section.
Installation
Section 17. Except as otherwise provided in these regulations, of
appliances shall be installed in accordance with the current recom- appliances,
mended practices of the National Fire Protection Association for the
fuel gas being employed.
PART VI
Piping and Tubing
Section 18. (1) For working pressures of 125 psig or less, piping p^'fure.
and tubing, including fittings, valves, gauges, regulators,
and other accessory equipment, shall be designed for a
working pressure of at least 125 psig.
(2) For working pressures above 125 psig, piping and
tubing, including fittings, valves, gauges, regulators and
other accessory equipment, shall be designed for the
maximum pressure to which they may be subjected, but
in no case shall the maximum pressure selected for design
purposes be less than 250 psig.
Section 19. The bursting strength of piping and tubing, includ- f^^f
ing fittings, valves, gauges, regulators, and other accessory equipment, s ren
shall not be less than four times the maximum pressure to which they
may be subjected.
Section 20. Cast iron piping, including fittings and valves, are prohibited
prohibited on the high pressure side of the system.
Section 21. Piping and tubing, including valves, fittings, gauges, Resistance
regulators and other accessory equipment, shall be fabricated from
materials which will not be appreciably corroded or otherwise
detrimentally affected by the external or internal environments to
which they will be exposed in service.
Section 22. Except as otherwise prescribed in these regulations, Installatlon-
the installation of piping and tubing, including supports, sizing,
threads, concealed piping, etc., shall be in accordance with the current
recommended practice of the National Fire Protection Association
for the fuel gas being employed.
Section 23. (1) That portion of the system between the container Testing-
and the appliance shall be tested and proven gastight
after installation and prior to operation at not less than
1£ times the normal operating pressure and a record of
this test shall be placed on the files of the railway
company.
(2) All exposed joints in the system should be checked
for leaks at normal operating pressure by means of a
soap-water or other suitable solution at least once a
year.
74094-4— 2\
238
PART VII
General
Responsible
employee
in charge.
Identifica-
tion of
system.
Posting
instructions.
Repairs.
Fire
extin-
guishers.
Minimum
safety
require-
ments.
Section 24. Every railway car employing a gas fuel system as
prescribed by these regulations shall, during use, be in charge of a
competent and reliable employee who has received instruction in
the operation of the system and has been acquainted with the hazards
involved.
Section 25. A label or sign bearing the name of the fuel used in
the system shall be prominently displayed near the storage containers.
Section 26. Printed instructions concerning the operation of
the system and the hazards involved shall be posted in a convenient
place as close to the appliance utilizing the gas as possible.
Section 27. Any defective parts in the system which in any
way impair its strength, tightness, etc., shall be replaced immediately.
Section 28. A suitable fire extinguisher shall be provided in
each occupied car as prescribed in General Order No. 803.
Section 29. The regulations contained herein shall be considered
as minimum safety requirements. Compliance with these regulations
does not relieve the railway company of responsibility for the safety
of the fuel gas system under any and all conditions including those
not specifically covered by this Order.
H. H. GRIFFIN,
Assistant Chief Commissioner.
239
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
MAY, 1959.
Railway Accidents 182 Killed 12 Injured 285
Level Crossing Accidents ... 30 Killed 20 Injured 23
Total 212 32 308
Killed Injured
Passengers — 123
Employees 3 148
Others 29 37
Total 32 308
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Nova Scotia
1 — Pedestrian struck by train.
— 1 Automobile struck by train. Licence: N.S. 133-773.
Quebec
— 1 Automobile struck by train. Licence: Que. 487-307.
2 — Automobile struck by train. Licence: Que. 410-913.
— 1 Automobile struck by train. Licence: Que. 398-245.
1 — Automobile struck by train. Licence: Que. 152-732.
1 — Cyclist struck by R.D. car. Lachute Licence 549.
Ontario
— 1 Tractor trailer struck by train. Licence: Ont. 77-528-B.
1 — Tractor trailer struck by train. Licence: Ont. 609-56-C.
3 — Automobile struck by train. Licence: Ont. N-17638.
1 — Auto truck ran into side of train. Licence: Ont. 92077-C.
1 — Automobile ran into side of train. Licence: Ont. A-50129.
1 — Cyclist struck by train.
— 1 Automobile ran into side of train. Licence: Ont. A-71305.
1 1 Automobile ran into side of train. Licence: Ont. 368-708.
— 1 Automobile struck by R.D. car. Licence: Ont. 56897-X.
1 — Automobile struck by train. Licence: Ont. 300-60-X.
2 — Automobile struck by train. Licence: Ont. J-85399.
1 — Auto truck struck by train. Licence: Ont. 54384-B.
— 1 Automobile ran into side of train. Licence: Ont. N-95859.
Manitoba
1 Auto truck struck by train. Licence: Man. T-10423.
Saskatchewan
2 — Automobile ran into side of train. Licence: Sask. 33-608.
— 1 Farm tractor struck by train.
— 1 Track motor car struck automobile. Licence: Sask. 163-656.
2 Automobile struck by train. Licence: Sask. 189-182.
240
Alberta
Killed Injured
— 1 Automobile struck by train. Licence: Alta. LD-881.
— 1 Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence: Alta. AC-038.
British Columbia
— 6 Automobile ran into side of train. Licence: B.C. 238-882.
1 1 Auto truck struck by train. Licence: B.C. CH-6220.
Of the 30 accidents at highway crossings, 22 occurred at unprotected crossings,
8 at protected crossings, 21 occurred after sunrise and 9 after sunset.
Ottawa, Ontario, July 17, 1959.
241
ORDER No. 98424
In the matter of the Freight Rates Reduction Act and Order of the Board No.
96300, dated November 17, 1958.
File No. 48771
Friday, the 10th day of July, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Whereas Sections 2 and 3 of the Freight Rates Reduction Act, Statutes of
Canada 1959, which came into force on the 8th day of July 1959, are as
follows:
"2. In this Act
(a) "company" means a transportation company that by Order No.
96300 was authorized to increase its rates on freight traffic;
(b) "Board" means the Board of Transport Commissioners for Canada;
and
(c) "Order No. 96300" means the order of the Board No. 96300 dated
November 17, 1958.
3. (1) Forthwith upon the coming into force of this Act, the Board
shall by order require the companies to revise such of their class rates
and commodity rates (other than competitive rates) in effect at the com-
mencement of this Act as were, pursuant to Order No. 96300, increased by
seventeen per cent, so that in the opinion of the Board the estimated
aggregate gross revenues of the companies on freight traffic during the
period of one year commencing on the day on which the order becomes
effective will be reduced by twenty million dollars.
(2) In any order made by the Board under this section the Board
shall specify the manner in which rates shall be revised and the period,
not exceeding one year, during which and the traffic in respect of which
the revised rates shall be applicable."
It is therefore hereby ordered as follows:
1. The companies that were authorized by Order of the Board No. 96300,
dated November 17, 1958, to increase rates and charges on freight traffic shall
reduce such of their class and commodity rates (other than competitive rates)
in effect at the commencement of the said Act as were, pursuant to the said
Order No. 96300, increased by 17%, by substituting an increase of 10% for
the said 17%.
2. The said reduction in rates shall be made effective on the 1st day of
August 1959 and the reduced rates shall not be increased during the period of
one year next thereafter, unless otherwise authorized by the Board.
3. Revised rates established pursuant to this Order may be published either
by appropriate amendment to existing individual tariffs or by making them
subject to a master tariff; and departure from the terms of Tariff Circular No. 1
as to notice, form of tariffs and supplements or volume of supplemental matter
is permitted.
242
4. The provisions of Order No. 96300 as to Differentials, Disposition of
fractions and Combination Rates apply to revised rates established pursuant
to this Order.
5. Each of the said companies shall file with the Board, as soon as possible
after the end of each calendar month, a statement in duplicate, certified by
its Accounting Department, of the diminution in its gross revenue resulting
from an order made by the Board under the said Act, in such detail as the
Board may from time to time request.
ROD KERR,
Chief Commissioner.
243
SUMMARY OF ORDERS ISSUED BY THE BOARD
98294 June 19 — Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell at the crossing of its railway
and Hutton Side Road in the Twp. of London, Ont., Mileage 2.32
Windsor Subd.
98295 June 22— Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
98296 June 22 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to construct Highway No. 15 across the C.P.R. at Mileage 0.5
McMorran, Subd., Sask.
98297 June 22 — Approving flammable liquid storage facilities of Texaco Canada
Limited at Chatham, N.B., Mileage 7.43 Loggieville Subd.
98298 June 22 — Authorizing the City of Cote St. Luc to construct a subway at the
existing crossing of Westminster Ave. and the C.P.R. at Mileage 0.85
St. Luc Branch, and to construct Wolseley Ave. over the C.P.R., also
in the City of St. Luc.
98299 June 22 — Authorizing the Manitoba Dept. of Public Works to widen Provincial
Highway No. 13 where it crosses the C.P.R. at Mileage 11.98 Carman
Subd.
98300 June 22 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. in the Township of Gloucester, Ont., Mileage
127.5 Alexandria Subd.
98301 June 22 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Steeles Ave. near Sherring, Ont., Mileage 83.86
Peterboro Subd.
98302 June 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the New York Central Railroad Company at
second public crossing east of Cornell, Ont., Mileage N.F. 84.57
Main Line Subd.
98303 June 22 — Authorizing the removal of the speed restriction of 10 miles per
hour over the crossing of the C.P.R. and Highway No. 54 at Innisfail,
Alta., Mileage 75.12 Red Deer Subd.
98304 June 22 — Authorizing Consumers' Gas Company to construct a gas pipe line
across and under the pipe line of the Trans-Northern Pipe Line
Company on Yonge St., Cone. IE and 1W, Lot 21, Twp. of North
York, Co. of York, Ont.
98305 June 23 — Approving Service Station Contract between The Bell Telephone
Company of Canada and Fraser Companies Limited.
98306 June 23 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and Le Telephone de Contrecoeur Limitee.
98307 June 23 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to construct Highway No. 18 across the C.P.R. at Mileage 27.43
Bromhead Subd., Sask.
98308 June 23 — Authorizing the removal of the speed limitation at the crossing
of the C.P.R. and Mavis Road, Twp. of Toronto, Ont., Mileage 16.5
Gait Subd.
98309 June 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Charlotte Range Road, being the second public
crossing east of station at St. Edward, P.Q., Mileage 117.22 Drum-
mondville Subd.
98310 June 23 — Relieving the C.N.R. from the necessity of maintaining watchman at
the crossing of Montreuil Road and the C.N.R. at Windsor, Ont.
98311 June 23 — Authorizing the Munic. of Metropolitan Toronto to construct a
pedestrian subway on each side of the Dufferin Street Subway,
Mileage 0.9 Belt Line Subd., C.N.R.
98312 June 24 — Authorizing the City of Barrie, Ont. to construct Mary Street across
the C.N.R., Mileage 63.88 Newmarket Subd.
98313 June 24— Authorizing the C.N.R. to remove the station agent at Ridgeville,
Man.
244
98314 June 24 — Authorizing the Alberta Department of Highways to install automatic
protection at the crossing of their railway and Highway No. 21 near
Bashaw, Alta., Mileage 84.93 Camrose Subd.
98315 June 24 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 21 near Dorenlee, Alta., Mileage
72.97 Camrose Subd.
98316 June 24 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98317 June 24 — Authorizing the City of Barrie, Ont., to construct Main St. across
the C.N.R. at Mileage 0.46 Meaford Subd.
98318 June 24 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to relocate Highway No. 47 across the pipe line of Westspur Pipe
Line Company east of the NE£ of Sec. 10, Twp. 5, Rge. 8, West 2nd M.
98319 June 24 — Authorizing the C.N.R. to operate over the bridge over Interurban
Road, City of Victoria, B.C., Mileage 2.4 Cowichan Subd.
98320 June 24 — Relieving the C.P.R. from erecting cattle guards on the west side
of the crossing of its railway and the highway at Mileage 57.36
Shaunavon Subd., Sask.
98321 June 25 — Approving tolls published in tariff filed by the Canadian Freight
Association, under Sections 3 and 8 of the Maritime Freight Rates
Act.
98322 June 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 135.9 Gladstone Subd., Man.
98323 June 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 21.9 Kashabowie Subd., Ont.
98324 June 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Belmont, N.S., Mileage 7.50 Springhill
Subd.
98325 June 25 — Authorizing the Alberta Department of Highways to widen Highway
No. 41-B-l where it crosses the pipe line of the Interprovincial Pipe
Line Company between Sections 32 and 33, Twp. 40, Rge. 6, W.4M.
98326 June 25 — Authorizing the C.N.R. to operate under the Liverpool Road over-
head bridge in Lot 22, Cone. 1, Twp. of Pickering, County of Ontario,
Ont., Mileage 313.1 Oshawa Subd.
98327 June 25 — Authorizing the Village of Charny, P.Q., to reconstruct and improve
the subway at the intersection of St. Jean St. and the C.N.R.,
Mileage 103.2 Armagh Subd.
98328 June 25 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Pontiac Rural Telephone
Company Limited.
98329 June 25 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Tompkins, Sask.
98330 June 25 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Lac du Bonnet, Man.
98331 June 25 — Approving facilities of Gibson Petroleum Company Limited, for the
loading of crude petroleum into tank cars from tank trucks at
Glenevis, Alta., Mileage 44.5 Sangudo Subd.
98332 June 25 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 21 near Erwick, Alta., Mileage 75.55
Wetaskiwin Subd.
98333 June 25 — Approving proposed liquefied petroleum gas facilities of the C.P.R.
at St. Luc Yard, Montreal Terminals Division, P.Q.
98334 June 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R., being the first public crossing west
of station at Alsask, Sask., Mileage 44.4 Oyan Subd.
98335 June 25 — Authorizing the C.N.R. and C.P.R. to operate their engines, cars
and trains over the relocated trackage of The Toronto Harbour
Commissioners along Queen's Quay West and across Spadina Ave.
and Rees St. in Toronto, Ont.
98336 June 25 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Enfield, N.S., Mileage 29.72 Bedford
Subd.
245
98337 June 25 — Authorizing the Twp. of Etobicoke to construct Belfield Road across
the pipe line of Trans-Northern Pipe Line Company in Lots 24 and
25, Cone. 1 FH., Twp. of Etobicoke, Ont.
98338 June 25 — Authorizing the C.P.R. to remove the caretaker and close the station
at Shawanaga, Ont.
98339 June 25 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to make alterations in the crossing of Highway No. 9 and the pipe
line of the Westspur Pipe Line Company, in the NE£ Sec. 13, Twp. 4,
Rge. 3, W2M.
98340 June 25 — Approving changes in rate grouping of certain telephone exchanges
of The Bell Telephone Company of Canada.
98341 June 25 — Authorizing the C.P.R. to remove the caretaker and close the sta-
tion at Pakesley, Ont.
98342 June 25 — Authorizing the removal of the speed limitation at the crossing of
St. Albert St. and the C.N.R. in Casselman, Ont., Mileage 104.42
Alexandria Subd.
98343 June 25 — Approving proposed flammable liquid bulk storage facilities of
Marvin Construction Company Limited, at Regina, Sask., Mileage
115.44 Lewvan Subd.
98344 June 25 — Authorizing the removal of the speed restriction at the crossing of
the C.P.R. and Provincial Highway No. 12 at Lacombe, Alta., Mileage
18.47 Leduc Subd.
98345 June 25 — Authorizing the Village of Notre Dame de Portneuf, P.Q., to widen
Lemay Road where it crosses the C.N.R. at Mileage 29.76 La Tuque
Subd.
98346 June 28 — Authorizing Imperial Oil Limited to construct an ethylene pipe line
across and under the pipe line of Interprovincial Pipe Line Company
in Lot 72, Front Cone, Twp. of Moore, Co. Lambton, Ont.
98347 June 29 — Authorizing the Ontario Department of Highways to construct High-
way No. 37 across the C.N.R. by means of an overhead bridge in
Lot 9, Cone. 3, Twp. of Thurlow, Ont.
98348 June 29 — Authorizing the C.P.R. to replace pier No. 4 of its bridge near
Headingley, Man., Mileage 10.2 Glenboro Subd.
98349 June 29 — Authorizing The Bell Telephone Company of Canada to construct,
operate, repair and maintain its lines of telephone under and along
the C.N.R. in the Twp. of Edwardsburgh, Co. Grenville, Ont.
98350 June 29 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 1.78 Cartier Subd., Ont.
98351 June 29 — Authorizing the removal of the speed limitation at the crossing of
the Township Road and the C.N.R., Mileage 13.24 Dunnville Subd.,
Ont.
98352 June 29 — Approving tariffs filed by The Bell Telephone Company of Canada.
98353 June 29— Rescinding Order No. 73867 which approved the location of facilities
of Electro Porcelain Limited for the handling and storage of Class II
flammable liquids near the C.N.R. at Kitchener, Ont.
98354 June 29 — Authorizing The Bell Telephone Company of Canada to construct,
etc. its telephone lines under and along the C.N.R. in the City of
Joliette, and in the Parishes of St. Charles Borromee and St. Paul,
Co. of Joliette, P.Q.
98355 June 29 — Requiring the C.N.R. to install automatic protection at the crossing
of County Road No. 55 and its railway in the Twp. of Minto, Co.
Wellington, Ont., Mileage 6.62 Durham Subd.
98356 June 29 — Authorizing the Quebec Department of Roads to reconstruct the
subway at Mileage 62.86 Joniquiere Subd., C.N.R., in the Parish of
Chambord, P.Q.
98357 June 29 — Approving flammable liquid bulk storage facilities of Shell Oil
of Canada Limited at Riviere du Loup, P.Q., Mileage 83.44 Rimouski
Subd.
98358 June 29— Rescinding Orders 66838 and 69493 which approved the location of
facilities of Imperial Oil Limited for the handling and storage of
flammable liquids near the C.P.R. at Middle Lake, Sask.
246
98359 June 29 — Authorizing the C.P.R. to remove the caretaker at Vantage, Sask.
98360 June 29 — Authorizing the Algoma Central and Hudson Bay Rly. Co. to relocate
the station at Stavert, Ont., Mileage 287.28 Main Line, to Jogues,
Ont., Mileage 287.08 Main Line.
98361 June 29 — Authorizing the Corbett Lumber Company to construct private roads
across and over the pipe line of Trans Mountain Oil Pipe Line
Company, at certain locations in the Province of B.C.
98362 June 29 — Authorizing the C.N.R. to operate over the bridge crossing Wilkinson
Road, Dist. of Saanich, B.C., Mileage 3.6 Cowichan Subd.
98363 June 29 — Amending Order No. 91884, re apportionment of cost of installing
protection at the crossing of St. Joseph Blvd. and the C.N.R. in the
City of Drummondville, P.Q.
98364 June 29 — Amending Order 87815, as amended by Order 94303, which authorized
the Town of Victoriaville, P.Q. to construct a viaduct between
Gamache and Carignan Blvds., to eliminate the level crossing of the
C.N.R. and Octave St.
98365 June 30 — Authorizing the removal of the speed limitation at the crossing
of Otter Lake Road and the C.N.R. at Mileage 69.48 Okanagan Subd.,
B.C.
98366 June 30 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 19.52 Chandler Subd., P.Q.
98367 June 30 — Authorizing the Twp. of North York to construct a steel water main
across and over the C.P.R. by fixing the said water main to the
overhead bridge carrying Vilctoria Park Ave. across the right of
way at Lawrence Ave. East, Mileage 99.82 Oshawa Subd., Ont.
98368 June 23 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Dinsmore, Sask., Mileage 22.4 Elrose Subd.
98369 June 30 — Rescinding Order No. 74055 which approved facilities of Dominion
Viscose Products Limited, near the C.N.R. tracks at Ajax, Ont.
98370 June 30 — Rescinding Order No. 65031 which approved the location of facilities
of Great West Distributors Limited, near the C.N.R. tracks at Fort
Kent, Alta.
98371 June 30 — Approving revised Appendix "A" and Supplement to Traffic Agree-
ment between The Bell Telephone Company of Canada and Quebec-
Telephone (Region de Kamouraska).
98372 June 30 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Compagnie de Telephone de
Squateck.
98373 June 30 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Young's Cove Road (Route No. 9) at Mileage
64.85 Minto Subd., N.B.
98374 June 30 — Authorizing the C.P.R. to operate under the overhead bridge in the
Twp. of Thessalon, Dist. of Algoma, Ont., Mileage 83.04 Thessalon
Subd.
98375 July 2 — Requiring the C.N.R. to flag all train movements over the crossing
of their railway and Cavan Road, Millbrook, Ont., Mileage 0.85
Lakefield Subd., by a member of the train crew.
98376 July 2 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and County Road No. 74 in the Co. of Wellington,
Ont., Mileage 26.09 Teeswater Subd.
98377 July 2 — Rescinding Order No. 79781 which approved the location of facilities
of Canadian Gulf Oil Company near the C.N.R. tracks at Big Valley,
Alta.
98378 July 2 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and County Road No. 12, in the Co. of Essex, Ont.,
Mileage 85.92 Windsor Subd.
98379 July 2 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St-Jean Baptiste de Roxton.
98380 July 2 — Approving flammable liquid storage facilities of the British American
Oil Company Limited at Leader, Sask.
247
98381 July 2 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 2 near Aroostook Junction, N.B.,
Mileage 0.44 Aroostook Subd.
98382 July 2 — Authorizing the C.P.R. to construct a concrete rock shed over its
track at Mileage 10.2 Cascade Subd., B.C.
98383 July 2 — Authorizing the C.P.R. to provide the necessary circuits for the
synchronization of the traffic light signals at intersection of Lome
and Douglas Streets, with the highway crossing protection at the
above location in the City of Sudbury, Ont.
98384 July 2 — Authorizing the Township of Etobicoke, Ont., to construct a water
main across and under the pipe line of the Trans-Northern Pipe
Line Company at Martin Grove Road, between Cone. 1 and 2 in
Lot 22.
July 2 — Authorizing the C.N.R. to operate under the overhead bridge carry-
ing Dickson St. across their right of way in the City of Montreal,
P.Q., Mileage 8.13 Longue Pointe Subd.
July 2 — Amending Order No. 47231 in the matter of the application of the
C.N.R. for authority to remove the caretaker at Woodlawn Station,
Ont.
July 2 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Highway No. 4 in Gladstone, Man., Mileage
90.97 Gladstone Subd.
July 2 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and 4th Ave. in the City of Regina, Sask., Mileage
1.0 Regina Terminal Subd.
July 2 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and St. Charles Road, being the second crossing east
of station at Portneuf, P.Q., Mileage 125.22, and the crossing of the
railway and Ste. Christine Road, Mileage 125.07 both in Quebec
Subd.
July 2 — Authorizing the C.P.R. to reconstruct the bridge at Mileage 56.74
Minto Subd., N.B.
July 2 — Authorizing the C.P;R> to construct a concrete rock shed over its
track at Mileage 39.3 Cascade Subd., B.C.
July 3 — Approving proposed flammable liquid storage facilities of Texaco
Canada Limited, at Charlottetown, P.E.I., Mileage 0.00 Kensington
Subd.
July 3 — Authorizing the Town of Truro, N.S., to construct the highway across
the track and in the station grounds of the C.N.R. at Mileage 63.87
Bedford Subd.
July 3 — Authorizing the Quebec Department of Roads to realign Highway
No. 15 where it crosses the C.N.R. in the Parish of Ste. Anne de
Beaupre, Co. of Montmorency, P.Q., Mileage 21.82 Montmorency
Subd.
July 3 — Authorizing the removal of the speed limitation at the crossing of
Main Street and the C.N.R. in Ridgeway, Ont., Mileage 9.03 Dunn-
ville Subd.
July 3 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 4 and the C.N.R. at Mileage 90.97 Gladstone Subd.,
Man.
July 3 — Approving conditions on passes of the Great Northern Railway
Company.
July 3 — Approving Service Station Contracts between The Bell Telephone
Company of Canada and The Southern St. Lawrence Forest Pro-
tective Association Limited.
July 3 — Dismissing application of the C.P.R. for authority to remove the
station agent and appoint a caretaker at Melaval, Sask.
July 3 — Approving flammable liquid storage facilities of Sperling Co-
operative Oil and Supplies Limited, at Sperling, Man., Mileage 30.1
Carman Subd.
98401 July 3 — Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Brooks, Alta.
98385
98386
98387
98388
98389
98390
98391
98392
98393
98394
98395
98396
98397
98398
98399
98400
248
98402 July 3 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Terrace, B.C.
98403 July 3 — Authorizing the British Columbia Telephone Company to construct
a telephone conduit across and over the pipe line of Trans Mountain
Oil Pipe Line Company on Blue Mountain Road at the intersection
of Cottonwood Ave., Munic. of Coquitlam, B.C.
98404 July 3 — Rescinding Order No. 61010 which approved location of facilities of
Imperial Oil Limited near the C.N.R. tracks at Alliston, Ont.
98405 July 3 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Clyde Road, about 2 miles east of the City of Gait,
Ont., Mileage 55.17 Gait Subd.
98406 July 3 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 77.11 Wabamun Subd., Alta.
98407 July 3 — Authorizing the Northern Alberta Railways Company to use and
operate the bridge over the East Prairie River, Alta., Mileage 228.1
Slave Lake Subd.
98408 July 3 — Approving operation of the C.P.R. over the siding to serve the
warehouse of Mid-Continent Truck Terminal Limited, in the Twp.
of Etobicoke, Ont., Mileage 10.53 Gait Subd.
98409 July 3 — Approving plan submitted by the Consumers' Gas Company showing
details of the gas main across and under the pipe line of Trans-
Northern Pipe Line Company at Finch Ave., east of Yonge St. in
the Twp. of North York, Ont.
98410 July 3 — Authorizing the County of Essex to improve the vision by removal
of trees and brush in the four angles of the crossing of County Road
and the N.Y. Central Railroad Co. at Mileage 9.80 Amherstburg
Subd., Ont.
98411 July 3 — Authorizing Corbett Lumber Company to construct a private road
across and over the pipe line of Westcoast Transmission Company
Limited, in Section 2-6-25-W.6M., B.C.
98412 July 3 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
98413 July 3 — Approving tolls published in tariffs and supplements to tariffs filed
by the Dominion Atlantic Railway Company under section 8 of
the Maritime Freight Rates Act.
98414 July 3 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 56 in Indian Head, Sask., Mileage
50.5 Indian Head Subd.
98415 July 6 — Approving plan showing protection as installed by the C.N.R. at
crossing of their railway and Thames Street, Ingersoll, Ont., Mileage
58.89 Dundas Subd., and authorizing the removal of the gate tower
at the same location.
98416 July 6 — Rescinding Order No. 69030 which approved the location of facili-
ties of Collingwood District Co-operative for handling and storage
of flammable liquids near the C.N.R. at Collingwood, Ont.
98417 July 6 — Approving flammable liquid storage facilities of The British Ameri-
can Oil Company Limited at Kapuskasing, Ont., Mileage 70.16
Kapuskasing Subd.
98418 July 6 — Rescinding Order No. 68397 which approved the location of facilities
of Imperial Oil Limited for handling and storage of flammable liquids
near the C.N.R. at Marcelin, Sask.
98419 July 6 — Rescinding Order No. 69195 which approved the location of facilities
of Lome Smith for handling and storage of flammable liquids near
the C.P.R. at Owen Sound, Ont.
98420 July 6— Rescinding Orders Nos. 64095 and 96208 and authorizing the Dept.
of National Defence, Naval Services, to construct two pipe lines
and one culvert across the C.N.R. in the vicinity of Morse Creek,
Prince Rupert, B.C.
98421 July 6 — Relieving the C.P.R. from erecting cattle guards at certain mileages
on its Colonsay Subd.
249
98422 July 6 — Authorizing the Saskatchewan Power Corporation to construct a
gas pipe line across and under the pipe line of Trans-Canada Pipe
Lines Limited, in the NW£ Sec. 32-16-19-W2M., Sask.
98423 July 6 — Relieving the C.P.R. from erecting right of way fences along the
south side of its right of way between Mileage 109.0 and Mileage
115.76 Coronation Subd., Alta.
98424 July 10 — Authorizing a reduction in certain Freight Rates from 17% to 10%,
effective August 1, 1959.
98425 July 6 — Authorizing the City of Welland, Ont... to widen Fitch St. where it
crosses the Niagara, St. Catharines and Toronto Rly. Co. at Mileage
15.77 Welland Subd.
98426 July 6 — Rescinding Orders Nos. 70147 and 79122 which approved the location
of facilities of the Board of Light and Heat Commissioners of Guelph,
near the C.N.R. tracks at Guelph, Ont.
98427 July 6 — Authorizing the Ontario Dept. of Highways to construct Secondary
Road No. 539A over the C.N.R. in Lot 2, Cone. 4, Twp. of Crerar,
Ont., Mileage 102.81 Alderdale Subd.
98428 July 6— Amending Order No. 82245, as amended by Order No. 89423, re
apportionment of cost of constructing a subway under the Welland
Subd. of the Toronto, Hamilton and Buffalo Rly. Co. at Kenilworth
Ave. South, Hamilton, Ont.
98429 July 6 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 17 across the Algoma Central & Hudson Bay Rly. Co. by means
of a subway at Mileage 7.75 Soo Subd., Twp. of Tarentorous, Dist.
of Algoma, Ont.
98430 July 6 — Authorizing the C.N.R. to install automatic signals on their Ruel
Subd., Ontario, at locations shown on plans.
98431 July 6 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 18, at Bienfait, Sask., Mileage 83.96
Lampman Subd.
98432 July 6 — Requiring the C.N.R. to install automatic protection in lieu of the
present protection at the crossing of their railway and County Road
No. 23 at Bainsville, Ont., Mileage 48.71 Cornwall Subd.
98433 July 6 — Authorizing the Ontario Department of Highways to construct
Highway 401 across the C.N.R. by means of an overhead bridge in
Lot 10, Concession Beasley's Old Survey, Waterloo Twp., Mileage 8.4
Waterloo Subd.
98434 July 6 — Authorizing the Saskatchewan Department of Highways and Trans-
portation to widen Highway No. 6 where it crosses the C.P.R. at
Mileage 29.26 Melfort Subd.
98435 July 6 — Rescinding Order No. 73692 which approved the location of facilities
of Husky Oil and Refining Limited near the tracks of the C.P.R. at
Lone Rock, Sask.
98436 July 6 — Rescinding Order No. 63738 which approved the location of facili-
ties of Imperial Oil Limited near the tracks of the C.P.R. at Marsden,
Sask.
98437 July 6 — Amending Order No. 96777, which authorized the C.N.R. to install
automatic protection at the crossing of their railway and Highway
No. 58, in the Town of Merritton, Ont., Mileage 5.3 Grantham Subd.
98438 July 7 — Authorizing the Ontario Department of Highways to reconstruct the
overhead bridge carrying Highway No. 54 across the C.N.R. at North
Cayuga, Ont.
98439 July 7 — Authorizing the C.P.R. to remove the station agent and appoint a
caretaker at Tribune, Sask.
98440 July 7 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
98441 July 7 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Isabella Ave. in Dominion City, Man., Mileage
53.8 Emerson Subd.
250
98442 July 7 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Highway No. 15 at Rideau, Ont., Mileage 168.45
Gananoque Subd.
98443 July 7 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 47 in Grenfell, Sask., Mileage 15.4
Indian Head Subd.
98444 July 7 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Davidson St., Montreal, P.Q., Mileage 10.05 Longue
Pointe Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
tEfje HBoarb of
JEranaport Commissioners; for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, AUGUST 15. 1959 No. 10
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Pos^je^cj^^p^r^^^^Ottawa.
Application of B.C. Tree Fruits Limiped for amendment to the^tqriff of regula-
tions governing currency excfypnge, .fcq \ provide ijdApsount allowance on
export traffic from Canadian^spints through United! StatZtfvorts.
File 29674.
G. S. Webster, for Applicant.
J. W. G. Macdougall, Q.C., for Ca^Ka^fan National Railways.
A. J. Alliston, for Canadian Pacific Railway Company.
JUDGMENT
By the Board:
This is an application by B.C. Tree Fruits Limited, Kelowna, B.C., for an
amendment to Section 2 of the tariff of regulations governing currency
exchange on international and foreign freight traffic, Canadian Freight Associ-
ation Tariff No. 16-F, Agent R. K. Watson's C.T.C. No. 1507, (hereinafter
referred to as "the currency exchange tariff"), which would provide discount
allowance on export traffic from Canadian points through United States' ports
where rates to such ports are not on a parity with, or are unrelated to, the
rates on export traffic through Canadian ports. Both the applicant and the
respondent railway companies have advised the Board that they are agreeable
to a determination of the matter at issue upon the basis of the written sub-
missions they have filed, without the necessity of a public hearing.
In our Judgment of February 21, 1958, (48 J.O.R. & R. 19), we dealt with
the matter of discount allowance on import traffic and found that the refusal
of the railways to grant the discount provisions of the currency exchange tariff
on import traffic through United States' ports having no import rate relation-
ship or parity with Canadian ports was unwarranted and unjustly discrimin-
atory, compared with the treatment accorded domestic international traffic
between Canada and the United States. The said judgment also stated that
251
74095-1—1
252
we relied upon the Canadian railways to remove the condition found unjustified
without issuance of an Order on our part, and such condition was removed,
effective March 24, 1958, by an appropriate amendment to the currency exchange
tariff.
The applicant refers to this Judgment with respect to import traffic and
submits that a parallel condition obtains in respect of export traffic. It is
stated that his interest lies in off-shore exports of apples, mainly through the
Port of New Orleans, but also through California ports and, occasionally, other
ports. He expresses the view that the refusal of the railways to amend the
currency exchange tariff so as to provide discount allowance on export traffic
through those United States' ports that have no rate parity relationship with
Canadian ports is an entirely inconsistent and indefensible position, amounting
to a case of unjust discrimination against export traffic of Canadian origin,
compared with the treatment accorded to domestic international traffic between
Canada and the United States and Canadian import traffic through United
States' ports other than those where port parity is maintained with Canadian
ports.
The railways take the position that the conditions surrounding export
traffic are not "on all fours" with those obtaining in respect of import traffic
and state that the following facts show this to be the case:
(1) PACIFIC COAST PORTS:
(a) From points in Eastern Canada to Pacific Coast ports in British
Columbia, Washington, Oregon and California:
Parity of export rates is maintained. No similar parity is maintained
on import traffic via Californian ports to points in Eastern Canada.
(b) From points in Western Canada to Pacific Coast ports in British
Columbia, Washington, Oregon and California:
Parity of export rates is not generally maintained, although there are
some cases where there is rate parity as between British Columbia,
Washington and Oregon points. In addition, there are instances where
a combination rate over a Western Canadian border point could pro-
vide a lower rate to a United States' West Coast port than is available
to a Canadian West Coast port.
(2) ATLANTIC COAST PORTS:
There is no parity of export rates as between Canadian Atlantic ports
and United States ports south of Norfolk, Virginia.
(3) BRITISH COLUMBIA PORTS AND UNITED STATES' PORTS ON
THE GULF OF MEXICO:
There is no parity of export rates as between British Columbia Coast
ports and United States' Gulf ports. In some cases, combination
rates from points in Western Canada make lower rates to Gulf ports
than to British Columbia ports.
It is stated by the railways that, if the applicant's request were to be
granted, export rates from Eastern Canada to ports in California would be
lower than to ports in British Columbia; that cases would arise where the
export rates from Western Canada would be lower to ports in California than
to ports in British Columbia; that a diminution of railway revenues would
result; and that an undesireable situation would be created with respect to the
railways and British Columbia ports.
253
The railways submit that to single out the traffic of the applicant in the
present case would be to depart from the practice, found satisfactory and con-
sidered equitable in the past, of dealing with the question of currency exchange
regulations on the broad basis of averages, rather than in strict accordance
with some particular situation obtaining in one part of the country or another,
or in respect of some particular traffic. They further submit that no case of
unjust discrimination or unreasonableness has been made out by the applicant;
that no case has been made out to deprive Canadian ports and Canadian rail-
ways of traffic they are presently handling; and that there is no case for
treating export traffic in the whole in the same manner as import traffic.
DISCUSSION AND CONCLUSIONS
Our Judgment of February 21, 1958, outlined the history and application
of the currency exchange tariff which need not be repeated here. The present
provisions of the currency exchange tariff with respect to surcharge and dis-
count allowance on freight charges paid in Canada in Canadian funds for
export and import traffic from and to points in Canada through United
States' ports are tabulated below:
EXPORT SHIPMENTS
IMPORT SHIPMENTS
Exchange
Value of
U.S. Funds
U.S. FUNDS
AT
PREMIUM
IN CANADA
Via U.S.
North Atlantic
Ports (i>
No surcharge
Via Other
U.S.
Ports
Surcharge
of 60% of
rate of
exchange
Via U.S. North
Atlantic & U.S.
Pacific Ports <2>
Surcharge
of 60% of
rate of
exchange
Via Other
U.S.
Ports
Surcharge
of 60% of
rate of
exchange
U.S. FUNDS
AT
DISCOUNT
IN CANADA
No discount
No discount
No discount
Discount
of 60% of
rate of
exchange
<i> Norfolk, Va., and North
(2) Norfolk, Va., and North; also Pacific Coast ports in the States of Washington
and Oregon.
As a result of the findings made in our previous Judgment, (48 J.O.R. & R.
19), discount allowance is now granted on Canadian import traffic through
United States' ports that are not maintained on a rate parity relationship with
Canadian ports. No similar provisions apply to Canadian export traffic and
no discount is accorded to such traffic via all United States' ports. The applicant
asserts that the conditions involved in both export and import shipments are
parallel and that the principles laid down in such Judgment are equally
applicable to export shipments. In opposing the application of discount allow-
ance to export shipments, the railways desire to protect themselves against
currency exchange losses and against a possible loss of export traffic through
Canadian ports. They deny that parallel conditions obtain in respect of both
export and import traffic.
74095-1—2
254
An examination of the railways' export and import tariffs indicates that
rate relationships or parity between United States' and Canadian ports are
maintained as follows:
RATE PARITY RELATIONSHIPS TO AND FROM CANADIAN POINTS
EXPORT RATES
To North Atlantic Ports
Parity relationships via Canadian and
United States' North Atlantic Ports,
Norfolk, Va., and North thereof.
To Pacific Coast Ports
(a) From Eastern Canada:
Parity relationships via British
Columbia, Washington, Oregon and
California ports.
(b) From Western Canada:
No general parity relationships.
Some rates on particular move-
ments, however, are maintained at
parity via British Columbia, Wash-
ington and Oregon ports.
IMPORT RATES
From North Atlantic Ports
Parity relationships via Canadian and
United States' North Atlantic Ports,
Norfolk, Va., and North thereof.
From Pacific Coast Ports
Parity relationships via British Colum-
bia, Washington and Oregon ports.
It will be noted that export rate parity and import rate parity is maintained
with respect to the same Canadian and United States' North Atlantic ports,
but that the range of West Coast ports maintained on a rate parity differs
as between export and import rates and as between export rates from Eastern
and from Western Canada.
In connection with the matter of rate parity between Canadian and United
States' ports, we stated the following in our previous Judgment with respect to
discount allowance on import traffic, (48 J.O.R. & R. 19):
"This Board has recognized time and again the necessity of maintaining
port relationships in the several general rate increases involving interna-
tional rates in the postwar II period and previously. In a broad sense
these export and import rates to and from our ports are competitive rates
justified only by port and other competition involved in foreign trade.
We are of the opinion that the matter of rate parity in port rates cannot
be lightly regarded and set aside merely upon the grounds of inequality
of treatment respecting currency exchange.
"The stress that has been laid upon port parity in this case is a vital
consideration of the whole problem. In 1934 it was the only reason
advanced by the Canadian railways for excluding import traffic from the
discount arrangement. Port parity, however, exists in Eastern Canada
only with the North Atlantic United States ports ranging from Norfolk,
Va., to Portland, Me., and in Western Canada between our Pacific ports and
those in the States of Washington and Oregon. No similar parity has been
observed as to other United States ports.
"The Board can see nothing objectionable in refusing discount on
traffic moving through these parity ports, but cannot support the refusal
to apply the discount provisions where such parity does not exist.
"The plan envisaged in the arrangement promulgated by our General
Order No. 527 was to grant discount generally where previously surchage
had been applied. To exclude all import traffic through United States
ports from the discount provisions of the tariff indicates an element of
255
unjust discrimination prevails. For example, fruits and vegetables
indigenous to and shipped from Florida are accorded discount, yet if
similar traffic is imported through a Florida port no discount is granted.
We consider that such a situation, without any background of port parity
to justify it, constitutes unjust discrimination which should properly be
removed and can be removed only by granting the same privileges to such
import traffic as accorded to domestic international movements from United
States origins.
"We are impressed by the submission of the Canadian railways that
their primary objective is to protect carrier revenue and also the com-
petitive port relationship. We are also fully aware of the desirability and
necessity of applying the currency exchange tariff on the basis of broad
averages. It does not appear to us that these principles would be attacked
by broadening the discount provisions of the Tariff to include import
traffic where parity is not generally applied."
While, as noted above, there is some difference of detail between export
and import rate parity with respect to Pacific Coast ports, there is no basic
difference in the principle governing both types of rate when no port parity
exists. We therfore find that the refusal to grant the discount provisions of the
currency exchange tariff on export traffic from Canada through United States'
ports, where such traffic is carried on line-haul rates not in parity relation-
ship with Canadian ports, is unwarranted and unjustly discriminatory, com-
pared with the treatment accorded to domestic international traffic between
Canada and the United States and also compared with our findings in our
previous Judgment, supra, respecting import traffic. As we stated in the
previous Judgment, we rely upon the Canadian railways to remove the condi-
tion found unjustified without the necessity of the issuance of an Order by us.
ROD KERR
H. H. GRIFFIN
A. SYLVESTRE
L. J. KNOWLES
J. M. WOODARD
Ottawa, July 17, 1959.
256
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation, issued on March 15,
1959, to have been effective on April 15, 1959, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit, Michigan,
and which said tariff was suspended by Board's Order No. 97599, dated
the 10th of April, 1959; in order to determine the reasonableness of the
said tariff and to permit the applicant to justify it.
File No.35943.5
Before:
H. H. Griffin, Assistant Chief Commissioner.
John M. Woodard, Commissioner.
Appearances:
Duncan K. MacTavish, Q.C., 1 for The Detroit and Windsor Sub-
George C. Richardes, Q.C., [ way Company and Detroit &
G. Perley-Robertson, ] Canada Tunnel Corporation.
James E. Watson, Q.C., for the City of Windsor.
Robert Reese, for the City of Detroit.
Heard at Windsor, Ontario, on June 3, 1959.
JUDGMENT
By the Board:
On March 9, 1959, Detroit & Canada Tunnel Corporation and The Detroit
and Windsor Subway Company filed with the Board Tariff C.T.C. 25 which it
was proposed would cancel existing Tariff C.T.C. 24. The effect of Tariff
C.T.C. 25 would have been to increase certain of the charges for passenger cars
and other vehicles.
Subsequent to the filing of Tariff C.T.C. 25, the City of Windsor, Ontario,
and the City of Detroit, Michigan, filed objections thereto, as a result of which
the Board issued Order No. 97599 suspending the tariff and ordering a hearing
to be held to determine the reasonableness of the proposed tolls and to permit
the applicant to justify the tariff. At the hearing one witness only, who is both
the Treasurer and General Manager of the Detroit & Canada Tunnel Corpora-
tion and Secretary of its wholly owned subsidiary The Detroit and Windsor
Subway Company was called by the Companies. The testimony of the witness
was supported by some 25 financial, accounting and statistical exhibits. No
witnesses were called by the Municipalities.
Tariff C.T.C. 25 is identical to one issued in February 1958, upon which
a hearing was held in Windsor in May of that year. By the Board's Judgment
dated June 25, 1958, that tariff was disallowed. In the Judgment, Wardrope,
A.C.C., said:
"It has not been suggested that the reductions in traffic revenues are
of a permanent nature, and we consider it reasonable to expect that traffic
will recover and experience further growth with a revival of activity on
both sides of the river. The experience since 1951 indicates that although
fluctuations have occurred from year to year, revenues have been able to
keep ahead of increasing costs and net income can continue to increase
under the present level of rates.
It is our opinion that the forecast of net income for the year ending
October 31, 1958, and the evidence submitted in this case do not justify a
conclusion at this time and under the present circumstances that the
present level of rates is unreasonable or that an increase in tolls should
be approved."
257
The evidence in the present hearing is that in the fiscal year ending
October 31, 1958 (which will be referred to as the year 1958) as compared
with the preceding year the Companies':
(1) Gross Revenue from all classes of traffic increased by $54,000, i.e.,
from $2,542,966 to $2,596,570. (Exhibit 2)
(2) Net Income increased by $15,000, i.e., from $630,888 to $645,785.
(Exhibit 1)
Notwithstanding these increases in revenues and net income, it was stated in
evidence that a downward trend in traffic had commenced in February 1958
and that this trend had been evident, with minor exceptions, in every month
since that time.
For the first six months of the current fiscal year, as compared with the
same period in the preceding year, a decline in gross revenues was shown in
each category except foreign buses. (Supplement 1 to Exhibit 2) Comparison
of the two periods shows that:
(1) Gross Revenue from all classes of traffic decreased by $55,000, i.e.,
from $1,136,033 to $1,080,573. (Supplement 1 to Exhibit 2)
(2) Net Income decreased by $25,000, i.e., from $245,537 to $220,377.
(Exhibit 23)
Had the proposed rates been in effect at the beginning of the current fiscal year
(November 1, 1958), the Companies' net income for the first six months of
1959, based on the same volume of traffic, would have been some $243,000.
(Exhibit 14A) Traffic statistics for the same period showed that:
(1) The number of passenger cars paying cash decreased by 39,000, i.e.,
from 743,270 to 703,933. The number of passenger cars using tickets
increased by 5,000, i.e., from 528,643 to 533,382.
(2) The number of commercial vehicles decreased by 4,000, i.e., from
39,548 to 35,592.
(3) Passengers in vehicles (other than drivers) decreased by 41,000, i.e.,
from 1,270,987 to 1,229,746.
(4) Passengers in the Tunnel Buses (those operated through the Tunnel
by the Companies) decreased by 267,000, i.e., from 2,013,812 to
1,746,995.
(5) The number of foreign buses (being buses other than those operated
through the Tunnel by the Companies themselves) increased by 2,400,
i.e., from 4,670 to 7,076.
The Companies expect the decline in traffic to continue, and see no hope
for improvement in the foreseeable future. Further, they expect that there
will be an increase in expenses in the current fiscal year, including increases in
property taxes in Detroit and Windsor of $6,600 and $18,000 per annum,
respectively. Certain labour agreements expire on July 31, 1959, and it is
estimated that the negotiation of new contracts will result in an increase in
expenses for the current fiscal year of at least $21,000. Other expenses
additional to those incurred in the year 1958 are foreseen in the current fiscal
year, but it is not said that these are of a recurring nature.
Using six months of actual result and six months of estimated figures, the
Companies have submitted the following evidence:
(1) On the present tariff the estimated net income for 1959 will be $550,000
as against $646,000 in 1958 and $631,000 in 1957. (Exhibits 12 and 1)
74095-1—3
1
258
(2) Had Tariff C.T.C. 25 gone into effect on July 1 of this year, then the
estimated net income for 1959 (based on the same traffic at present
rates for eight months and proposed rates for four months) would be
$583,000 as against $646,000 for 1958 and $631,000 for 1957. (Exhibits
12A and 1)
(3) Had Tariff C.T.C. 25 been in effect at the beginning of the fiscal year
1959 (i.e., November 1, 1958) the estimated net income for 1959 (after
adjustment for diversion due to the higher rates) would be $643,000
as against $646,000 for 1958 and $631,000 for 1957. (Exhibits 13
and 1)
The Cities of Detroit and Windsor objected to the proposed increase and
attacked the above evidence on the following grounds, among others:
(1) That in proceedings before this Board in May 1958, the Companies
forecast a decline in net income in the fiscal year 1958 of $59,000, i.e.,
a net income of $571,411 whereas, in fact, the net income for 1958
was $645,785, or some $74,000 greater than predicted.
(2) That in the previous hearing the Companies had actual figures for
five months of the fiscal year on which to base their estimates and in
the present case the estimates are based upon six months' experience.
It was argued that if the Companies could be so wrong in the 1958
prediction, it is to be considered whether they could be equally wrong
now.
(3) It was argued that in dismissing the application last year, the Board's
judgment in the matter has been proven right and the Companies'
estimates wrong, and that the Companies' present estimates should
now be rejected.
(4) It was argued that the Companies should have allowed a longer
interval of time before applying again to this Board. They should
have had at least a year of actual operations by which their applica-
tion could be tested.
(5) It was further argued that the Board may not exercise its judgment on
the basis of what the traffic will bear, but must consider what would
be a reasonable return to the Companies.
(6) It was also argued that, on the basis of the Companies' evidence
(Exhibit 3), there had been a general overall increase in traffic
between 1951 and 1958, that the population in the area, as well as
automobile registrations, were increasing and that the prevailing
decrease in traffic was not of a permanent nature.
Full consideration has been given to these arguments, as also to the argu-
ments of Counsel for the Companies.
In connection with the error in the Companies' previous prediction, the
witness stated that in his view the discrepancy had resulted from three unfore-
seen circumstances, first, diversion of traffic from the Ambassador Bridge
to the Tunnel, secondly, a strike which for several weeks made it impossible
to obtain beer in Ontario and thirdly, a number of anticipated expenses which
had not, in fact been incurred during the period. It is, of course, a relatively
easy matter to identify the expenses which had not been incurred. The Tunnel
Bus traffic showed a marked increase during the period of the so-called "beer
strike", and it would be not unreasonable to suppose that the strike may also
have had some effect on automobile traffic. However, the connection between
the increase in Ambassador Bridge tolls and such diversion of traffic from the
259
Bridge to the Tunnel as may have taken place is difficult to establish. In
February and March 1958 there were small increases in the number of cars
using the Tunnel as compared with the corresponding months of the preceding
year. The increases in April and May 1958 were 15,915 and 16,293 cars,
respectively. A very substantial part of these increases was said to be due to
diversion of traffic resulting from increased tolls instituted by the Ambassador
Bridge in June 1957. As the Bridge consistently lost traffic during the period
that the Tunnel was gaining traffic it is reasonable to suppose that some
diversion took place, but no direct connection with the change in the Bridge
tolls was established in the evidence.
An exhibit was filed (Exhibit 11) showing gross and net income for the
years 1951 to 1958 inclusive. As might be expected, there were fluctuations
from year to year but, in general, the record is one of growth and progress.
On the evidence submitted, the Board is unable to accept the view that no
improvement in Tunnel traffic can be hoped for in the foreseeable future. The
annual reports to the stockholders of Detroit & Canada Tunnel Corporation for
the years 1957 and 1958 both stress the advantages likely to accrue in 1959
and 1960 from completion of certain highway and Detroit civic developments.
The Board takes judicial notice of the fact that population in areas tributary
to the Tunnel is increasing, as is the use of highways by motor vehicles.
Increased automobile traffic on both sides of the border can hardly fail to have
an effect on traffic through the Tunnel. There may be good grounds for
assuming that expenses of operation and maintenance will continue upwards,
but the Board has no reason to conclude that additional expenses will not be
covered by additional revenues derived from increased traffic.
The Tunnel Bus service is in a different category. The number of bus
passengers carried has shown a steady decline for many years. It might be
noted in passing, however, that the decrease in revenue from tolls in the first
six months of the year 1959 as compared to the corresponding period in the
previous year was $53,459 and of this amount $30,084 represented the decrease
in bus passenger tolls which are not regulated by this Board. (Exhibit 14)
The Companies' justification of Tariff C.T.C. 25 appears to be based
mainly on the assumption that the proper test of the reasonableness of tolls
consists in comparing the earnings for the first six months in 1959 with those
for the first six months in 1958, or alternatively the projected earnings for
1959 as compared with the actual earnings for 1958.
The Board does not accept this as the only test upon which it should assess
the Companies' need for relief, and believes that weight should also be given
to whether the actual earnings for the first six months of 1959 or the projected
earnings for 1959 represent an inadequate return to the Companies.
Exhibit 15 filed by the Companies shows, in respect of Detroit & Canada
Tunnel Corporation, the common stock outstanding, the earnings per share and
the dividends paid on the outstanding shares. The earnings in recent years
appear to have been well maintained and, although the projected earnings
for 1959 are forecast to be below the level of the previous year, the Board does
not consider them inadequate in the circumstances.
The Board finds that the evidence submitted in this case does not justify a
conclusion, at this time, and in the present circumstances, that the present
level of rates is unreasonable or that an increase in tolls should be approved.
The Companies' Tariff C.T.C. 25 is, therefore, disallowed.
An Order will issue.
H. H. GRIFFIN,
Assistant Chief Commissioner,
J. M. WOODARD,
July 17, 1959. Commissioner.
74095-1—
260
ORDER No. 98550
In the matter of the Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation, issued on March 15,
1959, to have been effective on April 15, 1959, in respect of the tunnel
between the City of Windsor, Ontario, and the City of Detroit, Michigan,
and which said tariff was suspended by Board's Order No. 97599, dated
the 10th of April, 1959; in order to determine the reasonableness of the
said tariff and to permit the applicant to justify it.
File No. 35943.5
Friday, the 17th day of July, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
Upon hearing the matter at a sitting of the Board held in Windsor, Ontario,
on June 3, 1959 in the presence of Counsel for the Detroit and Windsor Subway
Company and Detroit & Canada Tunnel Corporation; the City of Windsor;
and the City of Detroit and pursuant to the Judgment herein dated the 17th
day of July, 1959—
It is hereby ordered as follows:
The said tariff is disallowed.
H. H. GRIFFIN,
Assistant Chief Commissioner.
261
GENERAL ORDER No. 848
In the matter of Rules Respecting the Construction, Reconstruction and
Improvement of Grade Separations authorized by the Board:
File No. 11026.79
Thursday, the 25th day of June, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
It is hereby ordered as follows:
The following rules entitled "Rules Respecting the Construction, Recon-
struction and Improvement of Grade Separations authorized by the Board"
are approved and prescribed.
RULES RESPECTING THE CONSTRUCTION, RECONSTRUCTION
AND IMPROVEMENT OF GRADE SEPARATIONS
AUTHORIZED BY THE BOARD
1. In these Rules
(1) "Grade separation" means an overhead bridge or a subway
carrying a highway over or under a railway subject to the jurisdic-
tion of the Board.
(2) "Person" includes the railway company under the jurisdic-
tion of this Board, any municipal or other corporation and any other
public authority having jurisdiction to construct or maintain a
highway.
(3) "Railway" means a railway company subject to the juris-
diction of the Board.
2. A person shall not begin the construction, reconstruction or Board's
improvement of a grade separation until required1.
(a) The Board has by Order granted such person leave to
perform the work;
(b) A general plan prepared and approved as hereinafter pro-
vided has been submitted to the Board; and
(c) The detail plans have been approved by an Engineer of
the Board.
3. Any person desiring to construct, reconstruct or improve a Application,
grade separation shall file an application with the Secretary of the
Board, indicating in reasonable detail the approximate cost of the
proposed work, the names of any utility companies or Commissions
affected and include with the application three copies of a general
plan duly signed, numbered and dated.
4A. The Applicant shall show on the general plan Plan.
(1) The grade separation and approaches on each side;
(2) The limits within which a grant from The Railway Grade
Crossing Fund is expected;
(3) A minimum of 300 feet of the railway in each direction
from the point of crossing;
262
(4) The number of tracks involved;
(5) Any necessary track changes due to the proposed grade
separation;
(6) An elevation of the proposed structure at a scale of one
inch equals 10 feet showing vertical clearances;
and
(7) A plan of the substructure indicating the side clearances;
Scale
of plan
and
profile.
Key map.
Application
by Road
Authority.
Submission
of the
Railway
Company.
Inspection
by Engineer
of the
Board.
Order
when
grant
permissible
and
formula
applies.
Order
when
grant
not
permissible
and/or
when
formula
does not
apply.
Formula re
apportion-
ment of
cost of
construc-
tion.
(8) A cross section of the grade separation indicating width
of road, curves, sidewalks, trackage, lighting, etc.
B. The general plan shall be prepared
(1) to a scale of one inch equals 100 feet; and
(2) a corresponding profile of the centre line of the roadway
shall be prepared to a scale of one inch equals 100 feet horizontal,
and one inch equals 10 feet vertical.
C. On the said plan there shall be a key map at one inch equals
400 feet where possible showing the location of the proposed work
at any crossing to be eliminated.
5. When the application is made by a person other than a rail-
way a copy of such application and of the plan shall be forwarded to
the Commission Counsel of the railway concerned.
6. Within thirty days from the date of the receipt of the applica-
tion and of the plan, the railway concerned shall make its submission
to the Board with respect to the said application and plan.
7. Upon receipt of the railway's submission the Director of
Engineering of the Board will arrange for an inspection with repre-
sentatives of the railway and the highway authority to discuss the
proposed design of the structure and the estimated cost.
8. (1) Where the Board considers that the proposed project is
justified, qualifies for a grant from The Railway Grade Crossing Fund
and the formula adopted by the Board respecting apportionment of
costs is applicable, the Board will issue an Order accordingly.
(2) Where the Board considers that the proposed work is
justified but does not qualify for a grant from The Railway Grade
Crossing Fund and/or the formula of the apportionment of costs
does not apply, the Board may issue an Order authorizing the work,
reserving for further decision and Order of the Board the question
of the apportionment of costs.
9. Except when otherwise ordered by the Board, where the
costs of construction of a new grade separation do not exceed
$625,000.00, and where such grade separation is to be constructed
within the limits of the existing road allowance, such costs are
apportioned pursuant to the following formula adopted by the
Board:
(1) 80% payable from The Railway Grade Crossing Fund;
(2) 15% payable by the highway authority; and
263
(3) 5% payable by the railway.
10. Except as otherwise ordered by the Board:
(1) All the costs of maintenance of an overhead bridge are
payable by the highway authority;
(2) The cost of maintenance of an underpass or subway are
payable as follows:
(a) The cost of maintenance of the substructure and super-
structure are payable by the railway;
(b) The cost of maintenance of approaches, road surfaces, side-
walks, drainage and lighting are payable by the highway
authority.
11. With respect to structures supporting railway tracks and structures
facilities, the railway company shall, unless otherwise authorized by ^way118
the Board tracks and
( 1 ) Design the entire structure and prepare all plans necessary faclllties-
for the construction thereof, and supervise the construction.
(2) Design, install, and maintain all falsework required for
the temporary support of its tracks or other facilities during the
construction of the work, and perform all work in connection with
such changes to any of its facilities as may be necessary to permit
the execution of the project and to protect its traffic.
(3) Invite tenders and award the contracts for the construction
of the structure, subject to the approval of the province or munici-
pality, as the case may be.
(4) Approve all shop drawings for fabricated structural steel
or iron before their submission to the Board, and perform the neces-
sary mill, shop, and field inspection in connection therewith.
(5) Carry out all such work in accordance with the railway's
specifications.
12. With respect to structures carrying highways over railway's
tracks and facilities:
(1) The province or the municipality, as the case may be, may
design such structures, but all plans and specifications shall be
submitted to the railway concerned for its approval; or
(2) Upon agreement between the parties concerned, the rail-
way may design such structure but all plans and specifications shall
be submitted to the province or the municipality concerned for its
approval.
(3) The construction of such structure within the limits of the
railway's property shall be carried out to the satisfaction of the
railway.
(4) All work in connection with changes to any of the rail-
way's facilities as may be necessary to permit the execution of the
project and to protect its traffic shall be performed by the railway.
(5) Where the company has consented that the work be per-
formed on its property by a person other than the railway, such
work may be performed only after such person has received the
approval of, and if the work is performed under the supervision of
the railway.
264
(6) Any part of a structure to be maintained by the railway
shall be constructed in accordance with the railway's specifications.
13. General Order No. 589, dated May 27, 1939, is rescinded.
ROD KERR,
Chief Commissioner.
265
ORDER No. 98557
In the matter of the application of The Express Traffic Association of Canada
for approval of Supplement No. 12 to Express Classification No. 9:
File No. 4397.143
Monday, the 20th day of July, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Whereas notice has been given by The Express Traffic Association of Canada
in The Canada Gazette, as required by Sections 325 and 365 of the Railway Act,
and copies of the said Supplement have been furnished to the parties named in
the General Order of the Board No. 695, with the request that their objections,
if any, be filed with the Board within thirty days;
And upon consideration of submissions filed in objection —
It is hereby ordered as follows:
The said Supplement No. 12 to Express Classification for Canada No. 9,
on file with the Board under file No. 4397.143, is approved.
H. H. GRIFFIN,
Assistant Chief Commissioner.
266
ORDER No. 98592
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
It is hereby ordered as follows:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 362 is issued to the Canada
Steamship Lines Limited licensing, for the period of one year commencing
January 15, 1959, the following ship to transport goods by water between all
ports and places in Canada on Lakes Ontario, Erie, Huron (including Georgian
Bay), and Lake Superior, and their connecting waters, including the St.
Lawrence River and its tributaries as far seaward as the west end of the
Island or Orleans.
File No. 42076.4.2
Tuesday, the 21st day of July, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
M.V. "Eskimo1
Vessel Name
Official
Registry No.
311755
Gross
Tonnage
4,462.42
H. H. GRIFFIN,
Assistant Chief Commissioner.
267
SUMMARY OF ORDERS ISSUED BY THE BOARD
98445 July 13 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
98446 July 13 — Approving tolls published in tariffs filed by the Cumberland Coal
Company under section 8 of the Maritime Freight Rates Act.
98447 July 10 — Requiring the C.P.R. to install automatic protection at the crossing
of Hwy No. 2 and their railway in Assiniboia, Sask., Mileage 0.6
Shaunavon Subd.
98448 July 10 — Authorizing the C.N.R. to remove the watchman at the crossing of
their railway and Cromwell St., Sarnia, Ont.
98449 July 10 — Amending Order No. 97668, re apportionment of cost of installing
protection at the crossing of The Midland Railway Company of
Manitoba and McPhillips St., in the City of Winnipeg, Man.
98450 July 13 — Approving tolls published in tariffs filed by the C.P.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
98451 July 10 — Authorizing the British Columbia Electric Company Limited to
construct a natural gas main across the pipe line of Trans Mountain
Oil Pipe Line Company at Ridpath Road, District of Surrey, B.C.
98452 July 10 — Authorizing the removal of the speed limitation at the crossing of
De L'Eglise St., and the C.N.R., first station north of station at
Desbiens, P.Q., Mileage 70.08 Joniquere Subd.
98453 July 10 — Authorizing the C.P.R. and C.N.R. to remove the protective devices
installed at the crossings of their railways and Lawrence Avenue,
near Weston Station, Munic. of Metropolitan Toronto, Ont.
98454 July 10 — Authorizing the Town of Nicolet, P.Q., to construct Martin St. across
the C.N.R., Mileage 26.5 Yamaska Subd.
98455 July 10 — Authorizing the C.N.R. to reconstruct the bridge at Mileage 63.0
Sangudo Subd. to cross over the Pembina River and over the north-
south road diversion in the NW£ Sec. 36, Twp. 56, Rge. 7, W.5M.
98456 July 10 — Authorizing the B.C. Department of Highways to construct Bremner
Road across the C.N.R. at Mileage 80.54 Cowichan Subd., B.C.
98457 July 10 — Approving flammable liquid bulk storage facilities of Home Oil
Distributors Limited at Kamloops, B.C.
98458 July 10 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at McCord, Sask. (C.P.R.)
98459 July 10 — Approving application of the C.P.R. for less-than-standard side
clearances on the siding serving Silknit Limited, in the Town of
Hespeler, Ont., at Mileage 2.98 from Preston on the railway of the
Grand River Railway Co.
98460 July 10 — Authorizing the Township of Scarborough to construct a public
road across the C.N.R. in Lots 27 and 28, Con. 2, Twp. of Scarborough,
Ont., Mileage 56.74 Uxbridge Subd.
98461 July 10 — Relieving the C.N.R. from erecting right of way fencing between
certain mileages on its Vegreville Subd., Alta.
98462 July 10 — Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at Abercorn, P.Q.
98463 July 10 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 2 at Cataraqui, Ont., Mileage
176.29 Gananoque Subd.
98464 July 10 — Authorizing the Town of Rimouski, P.Q. to construct Leonidas Ave.
over the C.N.R. at Mileage 0.56 Rimouski Wharf Branch.
98465 July 10 — Authorizing the Quebec Department of Roads to widen the highway
at the crossing of the highway and the C.P.R. at St. Joachim de
Shefford, P.Q., Mileage 21.9 DrummondviUe Subd.
268
98466 July 10 — Authorizing the Quebec Department of Roads to widen Martineau
Road where it crosses the C.N.R. in Ste. Anne de la Pocatiere, P.Q.,
Mileage 39.6 Montmagny Subd.
98467 July 10 — Rescinding Order No. 74177 which approved location of facilities
of Great West Distributors Limited for the handling and storage of
flammable liquids at St. Paul, Alta.
98468 July 10 — Approving overhead and side clearances on C.N.R. tracks adjacent
to their powerhouse at Transcona, Man.
98469 July 10 — Authorizing Steelman Gas Limited to construct a gas main across
and under the pipe line of Westspur Pipe Line Company at certain
locations in the Prov. of Sask.
Authorizing the C.P.R. to remove the caretaker-agent and appoint
a caretaker at Lens, Ont.
Rescinding Order No. 90404 which approved the location of facilities
of Shell Oil Company of Canada, Limited, for handling and storage
of flammable liquids at Drynoch, B.C.
Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Noranda, P.Q. (N.C. Rly. Co.)
98473 July 13 — Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Amos, P.Q. (C.N.R.)
98474 July 13 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Ste. Rose, Man. (C.N.R.)
98475 July 13 — Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Eades, Ont., Mileage 58.07
Macamic Subd. (C.N.R.)
98476 July 13 — Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Highway No. 21 near Ferintosh, Alta., Mileage
68.30 Camrose Subd.
98477 July 13 — Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of their railway and Highway No. 2
at Donnelly, Alta., Mileage 271.17 Smoky Subd.
98478 July 13 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Little Lake Road at Tracy, N.B., Mileage 47.77
Saint John Subd.
98479 July 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 36 at Viking, Alta., Mileage 44.68
Viking Subd.
98480 July 13 — Requiring the C.P.R. to install signal protection at the crossing of
Highway No. 1 and their railway at Long Hill, N.B., Mileage 45.34
Shore Line Subd.
98481 July 13 — Authorizing the C.N.R. to install improved protection at the crossing
of their railway and Highway No. 7, west of Brampton, Ont.,
Mileage 24.17 Brampton Subd.
98482 July 13 — Requiring the C.N.R. to install automatic protection at the crossing of
their railway and Pokiok Crossing at Mileage 107.11 Centreville
Subd., N.B.
98483 July 13 — Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 2 and the C.N.R. at Mileage 106.16 Centreville Subd.,
N.B.
98484 July 13 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 60 and the C.N.R. at Killaloe, Ont., Mileage 93.84
Renfrew Subd.
98485 July 13 — Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of Highway No. 2 and their railway
near High Prairie, Alta., Mileage 235.3 Slave Lake Subd.
98470 July 10—
98471 July 13—
98472 July 13—
269
98486 July 13 — Approving the flammable liquid bulk storage facilities of The
British American Oil Company Limited at Kirkland Lake, Ont. (N.C.
Rly. Co.)
98487 July 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway at Alliston, Ont., Mileage 44.96 MacTier
Subd.
98488 July 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at McAdam, N.B., Mileage 83.76 Saint
John Subd.
98489 July 13 — Authorizing Consumers' Gas Company to construct a steel gas main
across and under the C.N.R. on the road allowance between Cones. 2
and 3, Lot 17, Twp. of Uxbridge, Ont., Mileage 35.03 Uxbridge Subd.
98490 July 13 — Authorizing the C.N.R. to construct a bridge over the Chibougamau
River, P.Q., at Mileage 129.2 St. Felicien-Chibougamau Branch Line.
98491 July 13 — Authorizing the C.N.R. to construct a bridge over the southwest
arm of Lake Chibougamau, P.Q., at Mileage 127.8 St. Felicien-
Chibougamau Branch Line.
98492 July 13 — Authorizing the C.P.R. to remove the caretaker at Lydiatt, Man.,
Mileage 94.9 Keewatin Subd.
98493 July 13 — Authorizing the C.P.R. to remove the station shelter at Otter Lake
Station, Ont.
98494 July 13 — Authorizing the C.P.R. to remove the caretaker at Frys Station,
Sask.
98495 July 13 — Authorizing the C.P.R. to remove the station building at Lake Joseph,
Ont.
98496 July 13 — Authorizing the C.P.R. to remove the station shelter at Black Road
Station, Ont.
98497 July 13 — Authorizing the C.P.R. to close the station and remove the shelter at
Hagar, Ont.
98498 July 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Montee du Moulin Road, being the first public crossing
west of station at Laval des Rapides, P.Q., Mileage 11.0 Park Ave.
Subd.
98499 July 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway at the first public crossing west of station
at Alix, Alta., Mileage 80.3 Lacombe Subd.
98500 July 13 — Authorizing the C.N.R. to remove the caretaker at Newton, Ont. The
question of removing the station building at Newton is reserved for
further consideration and Order of the Board.
98501 July 13 — Authorizing the C.P.R. to remove the caretaker at Whitefish, Ont.
98502 July 13 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Grande Centre, Alta., Mileage 60.96 Bonnyville Subd.
98503 July 13 — Rescinding Order No. 75556, which approved proposed location of
facilities for the storage of pintsch gas cylinders of the C.P.R. at
Kingston, Ont.
98504 July 13 — Approving flammable liquid bulk storage facilities of Anglo Ameri-
can Exploration Limited, at Elrose, Sask., Mileage 49.73 Elrose Subd.
98505 July 13 — Authorizing the C.P.R. to construct the highway across its right of
way in Coutts, Alta., Mileage 46.96 Coutts Subd.
98506 July 13 — Authorizing the Town of Burlington to construct a storm sewer
across and under the pipe line of the Interprovincial Pipe Line
Company in the Town of Burlington, Ont.
98507 July 13 — Approving flammable liquid storage facilities of the C.N.R. at
Allandale, Ont.
98508 July 14 — Authorizing the removal of the speed limitation at the crossing of
No. 50 Side Road and the C.N.R. at Winona, Ont., Mileage 31.67
Grimsby Subd.
270
98509 July 14 — Approving flammable liquid bulk storage facilities of Homewood
Co-operative Oil and Supplies Limited at Homewood, Sask., Mileage
37.2 Carman Subd.
98510 July 14 — Authorizing the C.N.R. to render the centre span of the bridge at
Mileage 59.6 Centreville Subd., N.B., fixed as shown on plan.
98511 July 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Grandview, Man., Mileage 29.6 Togo Subd.
98512 July 14 — Approving proposed additional diesel fuelling facilities of the
C.P.R. at Moose Jaw, Sask.
98513 July 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Winnipegosis, Man., Mileage 20.9 Winnipegosis Subd.
98514 July 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Regina, Sask., Mileage 114.3 Lewvan Subd.
98515 July 14 — Approving flammable liquid storage facilities of Canadian Oil Com-
panies Limited at Viking, Alta., Mileage 44.29 Viking Subd.
98516 July 14 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98517 July 14 — Authorizing the Township of Sandwich South to improve the crossing
of the N.Y.C. Railroad Co. and 6th Concession Road, Mileage 220.27.
98518 July 15 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under section 3 of the Maritime Freight Rates
Act
98519 July 15 — Authorizing the C.P.R. to operate under the overhead bridge at the
crossing of its railway and County Road No. 27 in Lot 21, Concessions
2 and 3, Twp. of Brantford, Ont.
98520 July 15 — Authorizing the Corp. of the District of Coquitlam, B.C., to construct
a public road across the pipe line of Trans Mountain Oil Pipe Line
Company in the south half of Block 6, District Lot 357, Group 1,
New Westminster Dist.
98521 July 15 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Rosedale, B.C., Mileage 65.14 Yale
Subd.
98522 July 15 — Amending Order No. 95627 which extended the time within which
the C.N.R. are required to install automatic protection in lieu of the
existing signals at the crossing of their railway and Main St., in
Maxville, Ont., Mileage 91.3 Alexandria Subd.
98523 July 15 — Authorizing the Sask. Department of Highways and Transportation
to construct Highway No. 49 across the C.N.R. in the NW£ Sec. 12,
Twp. 34, Rge. 4, W.2M., Sask.
98524 July 15 — Authorizing the United Counties of Leeds and Grenville, Ont., to
construct County Road across the C.P.R. at Mileage 28.35 Prescott
Subd.
98525 July 15 — Approving tolls published in tariffs filed by the C.N.R. under sec-
tion 3 of the Maritime Freight Rates Act.
98526 July 15 — Authorizing the C.N.R. to reconstruct the bridge at Mileage 25.6
Brooksby Subd., Sask.
98527 July 15 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone Chibougamau Limitee.
98528 July 15 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and Jackson Telephone Company
Limited.
98529 July 15 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Kindersley, Sask., Mileage 122.05 Rosetown Subd.
98530 July 15 — Extending the time within which the C.N.R. is required to install
two flashing light signals and one bell in lieu of the present pro-
tection at the crossing of their railway and St. Albert St. in Cassel-
man, Ont., Mileage 104.45 Alexandria Subd.
271
98531 July 15 — Authorizing the Toronto, Hamilton and Buffalo Rly. Co. to operate
under the overhead bridge in Lot 26, Cone. 4, Twp. of Saltfleet, Co.
Wentworth, Ont., Mileage 31.59 Welland Subd.
98532 July 15 — Authorizing the C.P.R. to operate under the overhead bridge in Lot 8,
Cone. 2, Nassagaweya Twp. Ont., Mileage 17.25 Goderich Subd.
98533 July 15 — Authorizing the Manitoba Dept. of Public Works to construct High-
way No. 10 across the C.N.R. at Mileage 67.66 Turnberry Subd., Man.
98534 July 15 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and La Compagnie de Telephone
d'Yamaska Limitee.
98535 July 15 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and La Compagnie de Telephone St-Pie de Guire.
98536 July 15 — Extending the time within which the C.N.R. is required to install
flashing light signals and bell in lieu of the present protection at the
crossing of their railway and Route de la Station, in the Village of
Ste. Justine, P.Q., Mileage 68.1 Alexandria Subd.
98537 July 15 — Approving revisions to tariffs filed by The British Columbia Tele-
phone Company.
98538 July 15 — Authorizing the Quebec Department of Roads to relocate and widen
Crete de Coq Road where it crosses the C.N.R. in the Munic. of the
Parish of St. Ursule, Co. Maskinonge, P.Q., Mileage 75.34 Grand'Mere
Subd.
98539 July 15 — Approving new Traffic Agreement between The Bell Telephone
Company of Canada and La Cie de Telephone St-Bonaventure.
98540 July 15 — Approving Supplement No. 2 to Service Station Contract between
The Bell Telephone Company of Canada and The Desboro-
Mooresburg Telephone Company Limited.
98541 July 15 — Approving clearances on the siding of the Grand River Railway
Company serving General Spring Products Limited in the City of
Kitchener, Ont., Mileage 11.33 Waterloo Subd.
98542 July 15 — Authorizing the C.N.R. to remove the agent at Novar, Ont., and
appoint a caretaker.
98543 July 15 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 13 and Highway No. 39 (First
Avenue) in the City of Weyburn, Sask., Mileage 12.8 Weyburn Subd.
98544 July 15 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Newdale, Man.
98545 July 15 — Authorizing the Twp. of Zone, Ont., to improve the approach grades
and the travelled portion of the highway surface between Cones. 6
and 7 where it crosses the C.P.R. near Bothwell, Ont., Mileage 43.13
Windsor Subd.
98546 July 16 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of their railway and St. Isidore
St., Village of Casselman. Ont., Mileage 104.48 Alexandria Subd.
98547 July 16 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at first public crossing north of St. Lin
Junction, P.Q., Mileage 1.99 Ste. Agathe Subd.
98548 July 16 — Dismissing application of the C.N.R. for authority to maintain the
station at Utterson, Ont., Mileage 23.2 Huntsville Subd., as a summer
agency from May 15th to September 15th each year, and appoint a
caretaker for the balance of the year.
98549 July 16 — Dismissing application of the Northern Alberta Railways Company
for authority to abandon passenger service between Rycroft and
Spirit River, Alberta.
272
98550 July 17 — Disallowing Tariff C.T.C. 25 of The Detroit and Windsor Subway
Company and Detroit and Canada Tunnel Corporation, with respect
to the tunnel between the City of Windsor, Ont. and Detroit, Mich.,
which said tariff was suspended by Board Order No. 97599, dated
April 10, 1959.
98551 July 17 — Authorizing the C.P.R. to make signal changes between Mileage 0.4
and Mileage 41.5 Oshawa Subd., Ont.
98552 July 17 — Authorizing the Ontario Dept. of Highways to relocate Highway No.
37 across the pipe line of Trans-Canada Pipe Lines Limited in Lot 9,
Cone. 3, Twp. of Thurlow, Co. of Hastings, Ont.
98553 July 20 — Authorizing the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 4 near Neepawa, Man., Mileage
32.95 Neepawa Subd.
98554 July 20 — Authorizing the C.N.R. to install automatic protection at the crossing
of their railway and Church Road in St. Arsene, P.Q., Mileage 75.86
Rimouski Subd.
98555 July 20 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 4 near Rosetown, Sask., Mileage
44.02 Kerrobert Subd.
98556 July 20 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 2 at Norton, N.B., Mileage 89.63
Minto Subd.
98557 July 20 — Approving Supplement No. 12 to Express Classification No. 9, filed
by the Express Traffic Assoc. of Canada
98558 July 20 — Rescinding Order No. 76518, which approved the location of facili-
ties of Ilderton-Middlesex Farmers' Co-Operative near the C.N.R.
tracks at Ilderton, Ont.
98559 July 20 — Rescinding Order 76169 which approved location of facilities of
Great West Distributors Ltd. near C.P.R. tracks at Tilley, Alta.
98560 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and 50th St., in Vegreville, Alta., Mileage 57.1
Vegreville Subd.
98561 July 20 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Doran St. in the Village of Petawawa, Ont.,
Mileage 103.61 Chalk River Subd.
98562 July 20 — Authorizing the C.P.R. to remove the caretaker at Cheviot, Sask.,
Mileage 97.1 Sutherland Subd.
98563 July 20 — Authorizing the Town of Boucherville, P.Q., to construct the road
across the C.N.R. between Lots 22 and 23, in the Parish of Boucher-
ville, Co. Chambly, Mileage 9.18 Sorel Subd.
98564 July 20 — Relieving the C.P.R. from erecting cattle guards at certain highway
crossings on its Victoria Subd., B.C.
98565 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 9 near Yorkton, Sask., Mileage
27.54 Yorkton Subd.
98566 July 20 — Approving the location and details of the station proposed to be
erected by the C.N.R. at Newport, P.Q., Mileage 36.9 Chandler Subd.
98567 July 20 — Approving proposed flammable liquid storage facilities of British
American Oil Company Limited at Nipawin, Sask.
98568 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Route No. 17 at Mileage 48.30 St. Quentin
Subd., N.B.
98569 July 20— Rescinding Orders Nos. 61590 and 74754 which approved the location
of facilities of British American Oil Company Limited, over the
C.P.R. at Richmond, Sask.
98570 July 20 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 37 across and over the pipe line of the Trans-Northern Pipe Line
Company in Lot 9, Cone. 3, Twp. of Thurlow, Ont.
273
98571 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 41 (Oliver St.), Vermilion, Alta.,
Mileage 0.13 Vegreville Subd.
98572 July 20 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Jefferson
Blvd., Twp. of Sandwich East, Ont., Mileage 103 Chatham Subd.
98573 July 20 — Approving flammable liquid bulk storage facilities of Reliance
Petroleum Limited at Simcoe, Ont., Mileage 43.5 Lake Erie and
Northern Rly.
98574 July 20 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Kennedy
Road, Agincourt, Ont., Mileage 97.3 Oshawa Subd.
98575 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Route No. 17 at Mileage 36.77 St. Quentin Subd.,
N.B.
98576 July 20 — Authorizing the County of Lambton, Ont., to construct the highway
across the N.Y.C. Railroad Co. in Lot 24, Front Cone, Twp. of Moore,
near Courtright, Ont.
98577 July 20 — Approving tolls published in tariffs filed by the C.N.R. under sec-
tion 3 of the Maritime Freight Rates Act.
98578 July 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Prov. Highway No. 27, being the second crossing
north of station at Thornton, Ont., Mileage 74.70 Milton Subd.
98579 July 20 — Requiring the C.P.R. to install improved protection at the crossing
of its railway and Highway No. 28-7A at Kendry, Ont., Mileage 30.36
Peterborough Subd.
98580 July 20 — Requiring the C.P.R. to install two short arm gates in addition to the
present protection at the crossing of its railway and Montgomery
Road, Ont., Mileage 8.35 Gait Subd.
98581 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 59 near Birds Hill, Man., Mileage
7.9 Victoria Beach Subd.
98582 July 20 — Extending the time within which the C.P.R. is required to install
flashing light signals and bell at crossing of the railway and High-
way No. 49 at Mileage 16.7 MacTier Subd., Ont.
98583 July 20 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and 30th St. in the Twp. of Etobicoke, Ont., Mileage
8.76 Oakville Subd.
98584 July 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Grand Range Road, west of station at St. Hyacinthe,
P.Q., Mileage 43.27 St. Hyacinthe Subd.
98585 July 20 — Amending Order No. 88684, re apportionment of cost of reconstruct-
ing the subway at Mileage 73.16 Cowichan Subd. of the C.N.R., B.C.
98586 July 20 — Rescinding Order No. 76194 which approved the location of facilities
of Minneapolis-Honeywell Regulator Company Limited, for the
handling and storage of Class II flammable liquids near the C.N.R.
at Leaside, Ont.
98587 July 21 — Approving flammable liquid bulk storage facilities of The British
American Oil Company Limited at Kindersley, Sask., Mileage 0.25
Oyen Subd.
98588 July 21 — Amending Order No. 87834, re apportionment of cost of constructing
a subway at the crossing of Highway No. 69 and the C.N.R. at Foote's
Bay, Twp. of Medora, District of Muskoka, Ont., Mileage 125.4
Bala Subd.
98589 July 21 — Dismissing application of the C.N.R. for authority to remove the
agent and appoint a caretaker at Riviere Ouelle, P.Q.
98590 July 21 — Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at St. Philippe, P.Q.
274
98591 July 21 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway, being the fourth crossing south of the
station at Orillia, Ont., Mileage 83.4 Newmarket Subd.
98592 July 21 — In the matter of the application of Canada Steamship Lines Limited
for a licence under Section 10 of the Transport Act.
98593 July 22 — Authorizing the N.B. Department of Public Works to divert Tinker
Road across the C.P.R. between Mileage 1.75 and Mileage 2.61
Aroostook Subd., N.B.
98594 July 22 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 37 near Gibbons, Alta., Mileage
16.30 Coronado Subd.
98595 July 22 — Authorizing the C.P.R. to remove the caretaker agent at Kent Bridge,
Ont., Mileage 54.7 Windsor Subd.
98596 July 22 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Provincial Highway No. 1 at Richmond, P.E.I. , Mileage
16.3 Tignish Subd.
98597 July 22 — Authorizing the C.N.R. to provide the necessary circuits for the
synchronization of the highway crossing signals at crossing of their
railway and O'Brien Blvd. with the signals at intersection of
O'Brien Blvd. and Bois Franc Road, in the City of St. Laurent, P.Q.,
Mileage 6.78 Mount Royal Subd.
98598 July 22 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98599 July 22 — Authorizing the C.P.R. to provide the necessary circuits for the
synchronization of the flashing light signals at crossing of the C.P.R.,
C.N.R. and Hurdman Road with the traffic light signals at inter-
section of Hurdman Road and Riverside Drive in the City of
Ottawa, Ont., Mileage 3.77 Sussex St. Subd. of the C.P.R.
98600 July 22 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Sections 3 and 8 of the Maritime Freight
Rates Act.
98601 July 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in the City of Corner Brook, Nfld,,
Mileage 407.77 Port aux Basques Subd.
98602 July 22 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Lawson, Sask., Mileage 7.00 Riverhurst Subd.
98603 July 22 — Authorizing the Consumers' Gas Company of Toronto to construct a
gas main across and under the pipe line of the Trans-Northern Pipe
Line Company at Windsor Drive, Brockville, Ont.
98604 July 22 — Approving proposed crude petroleum loading facilities of Gibson
Petroleum Company Limited at Kipling, Sask., Mileage 0.41 Glenavon
Subd.
98605 July 23 — Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Huron St. in Collingwood, Ont., Mileage 31.4
Meaford Subd.
98606 July 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 6, Mileage 29.47 Cascapedia Subd.,
P.Q.
98607 July 23 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98608 July 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 6, at Grand River, P.Q., Mileage
54.46 Chandler Subd.
98609 July 23 — Authorizing the C.P.R. to construct an extension of its siding across
Lakeport Road, Twp. of Cramahe, Ont., Mileage 18.66 Oshawa Subd.
98610 July 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 6 at Mileage 16.91 Cascapedia
Subd., P.Q.
275
98611 July 23 — Requiring the C.N.R. to install automatic protection at the crossing of
their railway and Ontario St., in Collingwood, Ont., Mileage 31.2
Meaford Subd.
98612 July 23 — Authorizing the City of Port Arthur, Ont., to construct Hamilton
Ave. across the C.N.R.'s main spur to McCabe Elevator in the City
of Port Arthur, Twp. of Mclntyre, Ont.
98613 July 23 — Authorizing the C.N.R. to reconstruct the west approach to the
bridge over the Sumas River, B.C., at Mileage 78.8 Yale Subd.
98614 July 23 — Requiring the C.P.R. to install automatic protection in lieu of the
existing protection at crossing of its railway and Highway No. 7
near easterly limits of Guelph, Ont., Mileage 30.09 Goderich Subd.
98615 July 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 37 near Namao, Alta., Mileage
6.68 Coronado Subd.
98616 July 23 — Approving revised Appendix and Supplement to Traffic Agreement
between The Bell Telephone Company of Canada and Le Telephone
Guevremont, Omer Guevremont, Proprietaire.
98617 July 23 — Approving plan submitted by the Township of North York showing
changes in construction of storm sewer across and under the Trans-
Northern Pipe Line Company in that township.
98618 July 23 — Authorizing the Twp. of Toronto to construct a sanitary sewer pipe
across and under the pipe line of Trans-Northern Pipe Line Company
at Clarkson Road, south of Dundas St., Twp. of Toronto, Ont.
98619 July 24 — Authorizing the C.N.R. to construct a temporary road diversion
across the right of way in the Parish of St. Agapit, Co. Lotbiniere,
P.Q., Mileage 11.62 Danville Subd.
98620 July 24 — Authorizing the C.P.R. to construct an extension of its siding across
the road allowance in Lots 32 and 33, Cone. 1, Twp. of Cramahe,
Ont., Mileage 18.05 Oshawa Subd.
98621 July 24 — Extending the time within which the Ont. Dept of Highways is
required to install automatic protection at the crossing of the C.N.R.
and Highway No. 29, at Mileage 34.04 Smiths Falls Subd.
98622 July 24 — Authorizing United Gas Limited to construct a gas main across and
under the pipe line of Trans-Northern Pipe Line Company in the
vicinity of Beach and Firestone Roads, Hamilton, Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
£fje Poarb of
®ran£port Comtms&tonera for Canada
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, SEPTEMBER 1, 1959 No. 11
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of the Canadian P&eific Railway Company dated
February 13, 1959, for an Order authorizing the discontinuance of
passenger service between Ottawa, Ont. and Waltham, P.Q. .
/ File No. 27563.39
Campbell's Bay, P.Q., on Marcl
Heard at:
Before:
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Appearances:
K. D. M. Spence, Q.C.,l
and [ for the Canadian Pacific Railway Company.
J. E. Paradis, Q.C., J
Paul Martineau, M.P., for the County of Pontiac, Township of
Clarendon, Village of Shawville.
Hugh Proudfoot, representing the Municipality of Fort Coulonge.
R. T. Johnson, M.P.P. for the County of Pontiac.
JUDGMENT
Kerr, C.C., and Griffin, A.C.C.
On March 31st and April 1st, 1959, a hearing was held at Campbell's Bay,
Province of Quebec, in the above, before the Chief Commissioner, the Assistant
Chief Commissioner and Commissioner Chase.
It was a very complete hearing resulting in some 337 pages of transcribed
evidence and argument, together with some twenty-one exhibits. The patronage
given to the passenger service and the economies of the service were presented
by the Canadian Pacific Railway Company. The needs and convenience of the
277
74987-9—1
278
residents of the area were dealt with fully by the witnesses called by Mr. Paul
Martineau, M.P., Member of Parliament for the constituency and also Counsel
for the County of Pontiac, the Township of Clarendon and the Village of
Shawville; by representations made by Mr. Hugh Proudfoot, formerly Member
of Parliament for the constituency and representing the Municipality of Fort
Coulonge, and in the presence of Mr. R. T. Johnston, M.P.P., Member of the
Provincial Legislature for Pontiac. The Board had the advantage of argument
by Counsel and by Mr. Proudfoot.
Other commitments in the discharge of the Board's duties, and hearings in
various places in Canada at which one or other of us presided, have prevented
us from preparing our Judgment in the matter.
The dispelling of any doubt in the minds of the residents of the area as to
the future of the passenger service, the interests of the public generally and
also the interests of the Railway Company requires, in our opinion, a determina-
tion without further delay. We are also mindful of the interests of school
children, some of whom would depend upon the train service to attend school
beginning again in about one month's time.
Weighing, amongst other considerations, the patronage that has been given
to the passenger service, our opinion is that the economies that would result
to the Railway Company by the discontinuance of the service outweigh the
convenience that would remain with the public by the continuance of the
service.
Since the hearing, Commissioner Chase has retired from the Board. Before
doing so he authorized the Board to say that he concurred in a Judgment of
the Board which would result in a discontinuance of the service.
Should the Board be requested by the parties to do so, it will give a
supplementary written Judgment as soon as time permits and therein deal at
greater length with the evidence, submissions and argument and the reasons
for the conclusion we have reached as above stated.
An Order will issue accordingly, authorizing Canadian Pacific Railway
Company to discontinue the passenger service after not less than thirty days'
notice to the Board and public in the area concerned, all of which is subject
to the undertaking with respect to the handling of express as outlined in the
Company's application.
ROD KERR,
Chief Commissioner.
H. H. GRIFFIN,
Assistant Chief Commissioner.
Ottawa, August 7, 1959.
279
ORDER NO. 78749
In the matter of the application of Canadian Pacific Railway Company,
hereinafter called the "Applicant Company", for an Order authorizing
the discontinuance of passenger service between Ottawa, Ontario, and
Waltham, Quebec:
File No. 27563.39
Friday, the 7th day of August, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Asst. Chief Commissioner.
H. B. Chase, C.B.E., Commissioner.
Upon hearing the application at the sitting of the Board held at Campbell's
Bay, Quebec, on the 31st day of March, 1959, and the 1st day of April, 1959, in
the presence of Counsel for the Canadian Pacific Railway Company, the
County of Pontiac and other parties; and upon consideration of the submissions
filed — It is hereby ordered as follows:
1. The Applicant Company is authorized to wholly discontinue its pas-
senger train service at presently provided between Ottawa, Ontario, and
Waltham, Quebec.
2. The discontinuance authorized in paragraph one hereof shall not take
effect before thirty days after notice of such discontinuance has been given
by the Applicant Company; such notice to consist of one publication in each
daily newspaper, if any, published in the municipalities presently served by
the Applicant Company. In addition to the newspaper notices the Applicant
Company shall post in all ticket offices and stations on the said line the follow-
ing notice:
"All passenger train service at present provided by Canadian
Pacific Railway Company between Ottawa, Ontario, and Waltham,
Quebec, and all intermediate points on the said line will be discontinued
effective September 1959."
3. A copy of such notice shall be forwarded to the Director of Operation
of the Board.
4. The discontinuance authorized in paragraph one is subject to the under-
taking of the Applicant Company with respect to the handling of express as
outlined in its application filed with the Board and dated February 13, 1959.
H. H. GRIFFIN,
Assistant Chief Commissioner.
74987-9— U
280
In the matter of the application of the Canadian National Railway Company and
the Canadian Pacific Railway Company dated March 4, 1959, pursuant to
Section 380 of the Railway Act, and all other relevant statutory provi-
sions, for an Order authorizing the aforesaid companies to charge tolls
for telegraph messages within Canada on the basis of those shown in
Appendix "A" attached to the said application.
File No. 10041.88
Before:
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Appearances:
K. D. M. Spence, Q.C.,1
and \ for Canadian Pacific Railway Company.
A. J. Alliston J
J. W. G. MacDougall, Q.C., for Canadian National Railway
Company.
Heard at Ottawa, April 21, 1959.
JUDGMENT
Kerr, Chief Commissioner:
By their application dated March 4, 1959, Canadian National Railway
Company and Canadian Pacific Railway Company applied to the Board for an
Order authorizing them to charge tolls for telegraph messages within Canada j
on the basis of the proposed rates shown in Appendix "A" to the application.
In effect, their application was to increase telegraph rates within Canada by
10^ per 10- word full rate message, with increases of 14 per extra word and
proportionate increases for day letters and night letters.
Pursuant to direction given by the Board the Applicants caused an
advertisement to be published in daily newspapers in approximately 78 cities
and towns throughout Canada informing the general public that they had
applied to the Board for authority to make the said increases in intra-Canada
telegraph rates; that the Board had set April 21, 1959, as the date for the
formal hearing of the application and had directed that a scale of the proposed
rates be made available for public inspection at all Canadian National and
Canadian Pacific telegraph offices in Canada; that these scales were then avail-
able for perusal; that the Board had also directed that representations in respect
of the new rates were to be forwarded to the Secretary of the Board not later
than April 13, 1959. The Board gave these directions and required the advertis-
ing in order to ensure that the public would have due notice of the application
and the date for hearing thereof and have an opportunity to make submissions
or objections to the application.
The only submission received by the Board from any member of the public
was a letter from a business firm in St. John's, Newfoundland, which objected
to the increase, referred to inflation, and stated that if there is any increase
in telegraph rates it will be necessary to use the mail for the firm's purposes.
No party appeared at the public hearing in opposition to the application.
281
Evidence
At the hearing the Applicants adduced evidence in support of their applica-
tion, principally to the following effect:
The last previous increase in intra-Canada telegraph rates was in October,
1957, when the "grid" system of fixing rates was adopted. The revision last
previous to 1957 was in 1953. Since the end of World War II, the total increase
in such rates has been approximately 63.48%.
The minimum message rate in Canada is now 60^ for 10 words. The maxi-
mum, for the longest distance, for 10 words, is $1.70. The proposed rates are
10^ higher in each case. In the United States, the minimum rate is $1.05 for
15 words. A comparable Canadian 15-word message now costs 75^ and would
become 90^ under the proposed tariff. For the longest distances, the Canadian
rate is and will be somewhat higher than the United States rate.
The communications business of the Applicants is divided into two main
parts, (a) the railway telegraph services, those that are part of the business
of operating the railway, and (b) commercial communications activities. This
second part also consists of two segments, namely, (1) commercial message
traffic and (2) private wire services, including teletype and telex. This applica-
tion is for authority to increase the intra-Canada commercial message rates.
Recent wage awards to employees of the companies will result in increased
costs of $1,456,521 for Canadian National Telegraph employees and $1,089,000
for Canadian Pacific Railway's Communications Department employees, for
the full year 1959. Some of their work is done in respect of railway operation,
as above indicated, and the amounts attributable to railway services for 1959
are $201,142 for Canadian National and $290,763 for Canadian Pacific, and the
recovery of such costs should be from railway sources, leaving the remaining
portions of the total increased labour costs applicable to the commercial com-
munications services of the companies as $1,255,379 for Canadian National and
$798,237 for Canadian Pacific recoverable from the users of these services.
Based on 1958 volume of messages, the estimated annual revenue that the
companies hope to obtain from the proposed increases that are the subject of
this application is $906,884 for Canadian National and $574,654 for Canadian
Pacific. The average increase would be in the order of 10.7%. Canadian Pacific's
gross revenues from intra-Canada traffic, if the proposed increases go into effect,
would increase from $5,253,681 in 1958 to $5,828,335 in 1959 (estimated
constructive year).
As to its $1,089,000 increased labour costs, Canadian Pacific adduced
evidence that a division of $290,763 to railway services, $575,000 to intra-
Canada commercial message traffic and $223,237 to other commercial services
is a reasonable representation of the division of labour among these services,
with perhaps the share of the intra-Canada traffic being on the low side.
Canadian National's evidence also indicated that a high proportion of the total
labour cost of its commercial services is incurred in intra-Canada message
traffic.
Recent increases in conjoint international telegraph rates between Canada
and the United States will give Canadian National approximately $220,000 and
Canadian Pacific approximately $118,426 additional yearly revenue. Both
companies also hope to increase their revenues from private wire services,
telex and landline proportion of cablegrams, as competition and contractual
obligations will allow, and thereby recover new revenue from these sources,
amounting to approximately $510,000 for Canadian National and approximately
$650,000 for Canadian Pacific. The Companies' witnesses stated that they felt
that they must obtain additional revenues from their private wire services
282
and cable services to recoup so far as they can not only the most recent wage
increase but also the wage increases that have gone before and have not been
recovered in their entirety, and that this application is a move to restore to
some extent telegraph charges to the place in the railway revenue they used
to have.
The companies put forward as a test of the reasonableness of their proposal
the fact that the new rates, together with the hoped for increases from private
wire, telex and cable services, will only produce a rate of return on investment
for Canadian National Telegraphs of 4.8% on a constructive year 1959,
presuming retention of existing traffic levels, with a corresponding figure for
Canadian Pacific's Communications Department of 5.3%, its rate of return
having declined from 7.9% in 1955 to 4.1% in 1958.
Argument
Counsel for Canadian Pacific submitted that the increase in wages justifies
the proposed increases in rates on the basis of a fair apportionment of wage
increases among the various kinds of communication services, having regard to
the ratio of labour required in such services and a fair level of rates on com-
mercial messages. He also referred to the declining rate of return on Canadian
Pacific's communications investment in recent years and to the fact that since
the end of World War II telegraph rates have increased very much less than
freight rates and that Canadian telegraph rates are in many instances lower
than rates in the United States.
Counsel for Canadian National submitted that the increases sought are
directly geared to the increased wages the telegraph department has had to pay,
that by far the greatest proportion thereof is incurred in the commercial
message traffic of the Company and that the companies' proposal is to recover
from message traffic a reasonable proportion of the wage increase; that the
rates should be set at a just and reasonable level for the services performed;
and that the proposed increase meets the various tests of reasonableness
referred to in the application and evidence, namely, return on investment,
comparison with increases in freight rates and various goods and services and
comparison with United States rates.
Comments and Conclusions
The evidence and argument have been fairly fully set forth above. They
speak for themselves and do not call for extensive comment.
Telegraph revenues and expenses are included in the Board's Uniform
Classifications of Accounts for Railways as items of rail income and expenses.
Commercial communications activities should not be a burden to users of
freight and other railway services in the existing circumstances. Furthermore,
if they bear their fair share of expenses and contribute some legitimate profit
towards rail income, it follows that they will thereby, to the extent of that profit,
ease the overall rail burden.
In November, 1958, the Board authorized a 17 per cent freight rate increase
principally because of wage increases. That case was a general freight rate
case where rate increases were asked for and allowed on freight traffic, the
latter being the principal source of rail revenues. However, that increase was
not intended to prevent, nor does it prevent, the railways from subsequently
exploring all other fields for possible additional revenues. Now they have sought
additional revenues in the commercial message field. I would allow increases
in rates there, provided that (a) the resulting revenue for Canadian Pacific,
together with its freight and other rail revenues, will not result in an excess of
283
net rail revenue above the permissive net rail revenue as determined for that
company by the Board by its "requirements" formula, and (b) the increases
will not make the telegraph rates unreasonably high.
The 17 per cent freight rate increase left Canadian Pacific deficient of its
net rail revenue requirements under the formula. Allowance of the proposed
telegraph rate increases will still leave it deficient in that respect on the basis
of the evidence and estimates in the 17 per cent case, which I consider to be
adequate for determination of this application. I also consider that in the exist-
ing circumstances the commercial message traffic concerned should carry in full
the wage and other expenses necessarily incurred in furnishing the service and
provide a reasonable measure of profit, and that the proposed rate increases
will not result in unreasonably high rates or rates that will contribute more that
they should to revenues of either Canadian Pacific or Canadian National. I also
observe that while all of the increases mentioned by the Companies in their
application will result in more revenue that the increase in wages on the
intra-Canada commercial message rates, a substantial portion of the increases
proposed, namely, for private wire services, telex and land line proportion of
cablegrams, are not in services over which the Board has jurisdiction; so far as
the commercial service is concerned the Companies are asking reimbursement
only for the additional wages they are paying out on the intra-Canada message
service.
In reaching these conclusions I have taken into consideration the extent
of telegraph rate increases in Canada and the causes therefor since the end
of World War II; the return on investment to Canadian Pacific and Canadian
National made by telegraph rates; the financial needs of the railways; the 1958
and 1959 increases in wage expenses; the evidence as to labour content in
furnishing the message services concerned; comparison of Canadian and United
States telegraph message rates; the impact of telegraph message rates on the
public; and the extremely limited extent of complaints made to the Board
against the levels of telegraph message rates in effect or applied for during
the past 10 years.
I am satisfied that the Applicants have made a sufficiently good case to
warrant approval by the Board and I would therefore approve the proposed
rates. They may be made effective by filing of tariff schedules upon statutory
notice, the schedules to be approved by the Board by Order when so filed.
Rod Kerr.
Ottawa, August 12, 1959.
I concur:
H. H. Griffin.
I concur:
L. J. Knowles.
284
Order No. 98799
In the matter of the application of the Canadian National Railway Company and
the Canadian Pacific Railway Company dated March 4, 1959, pursuant to
Section 380 of the Railway Act, and all other relevant statutory provi-
sions, for an Order authorizing the aforesaid companies to charge tolls
for telegraph messages within Canada on the basis of those shown in
Appendix "A" attached to the said application:
File No. 10041.88
Wednesday, the 12th day of August, A.D. 1959.
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Asst. Chief Commissioner.
Li. J. Knowles, Commissioner.
Upon hearing the application at a sittings of the Board held at Ottawa
on April 21, 1959, in the presence of Counsel for the Canadian Pacific Railway
Company and the Canadian National Railway Company, and upon reading the
submissions filed — It is hereby ordered as follows:
The Canadian National Railway Company and the Canadian Pacific
Railway Company are authorized to charge tolls for telegraph messages within
Canada as follows:
A. Messages Other Than Those Originating or Terminating in
Atlantic Provinces.
Zone
Mileage
Full Rate
Day Letter
Night Letter
1
0-125
70-4
105-21
70-14
2
126-250
80-5
120-24
80-16
3
251-450
95-6
145-29
95-19
4
451-750
115-7
175-35
115-23
5
751-1250
140-8
210-42
140-28
6
1251 and up
180-10
270-54
180-36
B. Messages Originating
or Terminating in Atlantic
Provinces.
Zone
Mileage
Full Rate
Day Letter
Night Letter
A
0-250
70-4
105-21
70-14
B
251-450
85-5
130-26
85-17
C
451-900
100-6
150-30
100-20
D
901-1500
120-6
180-36
120-24
E
1501 and up
180-10
270-54
180-36
H. H. GRIFFIN,
Assistant Chief Commissioner.
285
ORDER No. 98717
In the matter of the application of Niagara Gas Transmission Limited, herein-
after called the "Applicant", under sections 11 and 12 and other relevant
sections of the Pipe Lines Act, for an Order granting the Applicant leave
to construct a pipe line for the transportation of natural gas from a
point in the City of Ottawa, in the Province of Ontario, across the Ottawa
River to a point in the Village of Gatineau Point, in the Province of
Quebec:
File No. 45371.49
Tuesday, the 4th day of August, A.D. 1959.
H. H. Griffin, Asst. Chief Commissioner.
J. M. Woodward, Commissioner.
Upon hearing the submissions of Counsel for the Applicant — It is hereby
ordered as follows:
1. The application will be heard on the 10th day of September, 1959, at
the hour of 10:00 o'clock in the forenoon in the Court Room in the Union
Station Building, in the City of Ottawa, Ontario.
2. The Applicant shall file not later than August 14, 1959, a copy of the
application and map filed therewith, and a copy of this Order and notice
attached hereto with the Attorneys General of the Province of Quebec and of
the Province of Ontario, the Minister of Justice, Ottawa, the Minister of Trade
and Commerce, Ottawa, the Minister of Public Works, Ottawa, the Minister of
Transport, Ottawa, the Hydro Electric Power Commission of the City of Ottawa,
the Gatineau Power Company, the National Capital Commission, Ottawa, the
Pipe Line Companies concerned or that may be affected thereby and the Clerks
of the City of Ottawa, City of Hull and the Village of Gatineau Point.
3. The Applicant shall cause to be inserted not later than the 14th day of
August, 1959, a notice in the form hereto attached, in two issues of the Ottawa
Journal, the Ottawa Citizen and Le Droit newspapers.
H. H. GRIFFIN,
Assistant Chief Commissioner.
74987-9—2
286
NIAGARA GAS TRANSMISSION LIMITED
Notice is hereby given that an application has been made to the Board of
Transport Commissioners for Canada under sections 11 and 12 of the Pipe Lines
Act for an Order granting Niagara Gas Transmission Limited leave to construct
a pipe line, consisting of one or more lines of pipe, for the transportation of gas
from a point in the City of Ottawa, near the Village of Rockcliffe, to a point
in the Village of Gatineau Point, as shown on Plan No. D-299, dated July 10,
1959, revised to July 28, 1959.
And further notice is hereby given that the said application will be heard
at a sitting of the Board of Transport Commissioners for Canada to be held
in the Court Room in the Union Station Building in the City of Ottawa, in the
Province of Ontario, on the 10th day of September, 1959, at ten o'clock in the
forenoon.
And further notice is hereby given that a map showing the location of
the proposed pipe line has been filed with the Secretary of the Board of
Transport Commissioners for Canada, the Attorneys General of the Provinces
of Ontario and Quebec, and the Clerks of the City of Ottawa, the City of Hull
and the Village of Gatineau Point.
NIAGARA GAS TRANSMISSION LIMITED.
287
GENERAL ORDER NO. 834
Tuesday, The 30th day of
September, A.D. 1958
C. D. Shepard, Q.C.,
IN THE MATTER OF regulations
governing the publication, filing and
posting of passenger tariffs by rail-
way companies: File No. 606
Chief Commissioner.
Hugh Wardrope, Q.C.,
Asst. Chief Commissioner.
:V. Sylvestre, Q.C.,
Deputy Chief Commissioner.
F. M. MacPherson,
Commissioner.
H. B. Chase, C.B.E.,
Commissioner.
L. J. Knowles,
Commissioner.
IT IS HEREBY ORDERED AS FOLLOWS:
1. The regulations attached hereto as Tariff Circular 2, entitled "Regulations
Governing the Publication, Filing and Posting of Passenger Tariffs, by Railway
Companies" are prescribed for the use of railway companies and authorized
agents thereof, who are required to file passenger tariffs with the Board.
2. Circular 223 as approved by General Order No. 479, dated June 28, 1929,
and General Order No. 26, dated February 8, 1909; General Order No. 575,
dated July 14, 1938; and Circular 273, dated September 11, 1952, insofar as the
said Circular is applicable to passenger tariffs are rescinded.
3. This General Order shall come into force on the date shown on the said
Circular.
(Sgd) C. D. SHEPARD,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
74987-9— 2J
TARIFF CIRCULAR 2
TABLE OF CONTENTS
Rule Page
Adoption Notices 13 304
By-Laws authorizing issuance of tariffs 9 295
Cancellation of Tariffs 27 309
Circus and Show Outfits 18 306
Concurrences 11 300
Construction of Tariffs 2 290
Contents of Tariffs 4 291
Departure from Rules 30 311
Discontinuance and Restoration of Service 22 307
Excursion Tariffs 17 306
Filing 7 294
General Provisions 1 289
Joint Tariffs 16 305
Loose-Leaf Tariffs 6 292
Newly Constructed Rail Lines 20 307
Official Distance Table 23 308
Posting of Tariffs 8 295
Powers of Attorney 10 296
Reference Marks 25 309
Reference to Orders and Judgments 26 309
Rejection of Tariffs 29 311
Rules and Regulations 21 307
Special Tariffs 15 305
Standard Tariffs 14 305
Subsidiary Lines 12 303
Supplements 5 292
Suspension of Tariffs 28 310
Tariff Index 24 308
Title Page of Tariffs 3 290
Workmen's Train Service 19 307
288
Rule 1
RULE 1— GENERAL PROVISIONS
(1) Application of regulations. The following regulations are prescribed
under authority of Sections 326, 327 and all other relevant provisions of the
Railway Act. On and after January 1, 1959, all tariffs filed with the Board
publishing fares, charges, rules or regulations for the transportation and accom-
modation of passenger traffic shall conform to these regulations. Unless the
context requires, words expressed in these regulations in the singular include
the plural and vice versa.
(2) Reference to regulations. The arrangement of these regulations is
by rule number, paragraph and sub-paragraph. When referring thereto, the
reference to be quoted is, for example, "Rule 4 (2)" or "Rule 10 (1) (d)".
(3) Tariff includes amendments. Unless the context indicates the con-
trary, the word "tariff" as used herein also includes supplements and other
amendments to tariffs.
(4) Definitions. In these regulations, except where the context indicates
the contrary, the following terms mean:
(a) "Basing Fare" — A sum used in the construction of through fares
from or to stations where no through selling fares are published in tariffs cur-
rently in effect.
(6) "Local Fare" — A fare applying over the line of only one carrier,
(c) "Local Tariff" — A tariff applying between points on the line of one
carrier.
{d) "Joint Fare" — A fare that extends over the lines of two or more
carriers.
(e) "Joint Tariff" — A tariff applying between points on the lines of two
or more carriers.
(/) "Special Tariff" — A tariff containing tolls lower than in the
Standard Tariff.
{g) "Standard Tariff" — A tariff containing maximum mileage tolls
issued pursuant to Sections 338 and 339 of the Railway Act.
(h) "Tariff" — Any publication containing tolls, rules, regulations or
any complementary publication affecting the tolls to be charged by a carrier.
(i) "Through Fare" — The total fare from origin to destination. It
may be a local fare, a joint fare, or a combination of separately published
fares.
(;) "Toll" — Any toll, fare, rate, charge or allowance made by a carrier
in respect of the carriage of and accommodation for traffic, or in respect to any
service incidental to the business of a carrier.
289
Rule 2, 3 (5)
290
RULE 2— CONSTRUCTION OF TARIFFS
(1) Form and size. Tariffs shall be in book, pamphlet, single-sheet or
loose-leaf form, of uniform size, eight inches wide by eleven inches long, except
tariffs intended for use in collecting passenger fares and charges on trains may
be of smaller size. Carbon copies or indistinct matter will not be accepted for
filing.
(2) Alterations or erasures. Alterations or erasures in the original text are
not permitted in tariffs filed with the Board or in those posted for public
inspection.
(3) Tolls of like kind in one tariff. Carriers and agents should refrain
from issuing a variety of separate tariffs when the subject matter thereof can
be grouped conveniently into tariffs of general application.
(4) Numbering of tariffs. Each tariff shall be numbered consecutively
with the prefix 'CTC and each issuing carrier, agent, corporation or association,
shall number tariffs in its own CTC series. (See Rule 17(3) for separate
numerical series for Excursion Tariffs).
(5) Numbering of pages. The pages of tariffs, except loose-leaf tariffs,
shall be numbered with Arabic numerals commencing with 2 for the first inside
page on which printed matter appears.
RULE 3— TITLE PAGE OF TARIFFS
The title page of every tariff shall show in the order named: —
(1) CTC number and cancellation reference. The CTC number of tariff
in the upper right corner and immediately thereunder the CTC number of tariff
cancelled thereby. If it is impracticable to show the cancelled numbers in such
manner, they may be shown within the tariff and reference thereto placed on the
title page in lieu of the cancelled numbers.
(2) Name of carrier or publishing authority. The name of the issuing
carrier, agent, corporation or association.
(3) Initial and participating carriers. The names of other initial carriers
and also participating carriers. If such carriers are too numerous to place con-
veniently on the title page, they may be shown within the tariff and reference
made on the title page where they may be found. On joint tariffs applicable
from Canada to the United States, it is sufficient to show the names of the Cana-
dian participating carriers and directly thereunder the words: "And Connecting
Lines in the United States".
(4) Kind of tariff. All tariffs shall be designated as Special Passenger
Tariffs, except the tariffs of maximum mileage tolls which shall be designated
Standard Passenger Tariffs. Additional designations should indicate whether
tariff contains local or joint fares, charges or regulations; and whether fares are
one-way, round-trip or basing, in order to disclose concisely the nature of the
traffic or service.
(5) Territory. The points or territory from and to which the tariff applies
in sufficient detail to adequately disclose the scope of the tariff.
291
Rule 3 (6), 4 (6)
(6) Issued and effective dates. The date of issue on left side and date
effective on right side. Where more than one effective date is involved, the nota-
tion "Except as otherwise provided herein", shall appear immediately below the
effective date.
(7) Expiration date. Where the tariff expires with a given date, such
date shall be prominently shown in expiration notice reading "Expires with
unless sooner cancelled, changed or extended".
(8) Order, Judgment or Special Permission Number. Reference to
Order, Judgment or Special Permission of the Board pursuant to which tariff is
issued.
(9) Issuing officer or agent. Name, title and address of officer of the
issuing carrier responsible for the compilation and filing of the tariff. If the
tariff is issued by a natural person as agent, his name and address shall be shown
with the title of "Agent". If issued by a corporation or association as agent, the
name and title of the person responsible for the compilation and filing of the tariff
shall be shown.
RULE 4 — CONTENTS OF TARIFFS
(1) Table of Contents. An alphabetical index of the location where
information under general subject headings will be found. If a tariff contains
so small a volume of matter that its title page or its interior arrangement plainly
discloses its contents, the table of contents may be omitted.
(2) Initial or participating carriers. An alphabetical list of the corporate
names of the initial carriers for and on behalf of whom the issuing carrier, agent,
corporation or association acts by power of attorney. Also an alphabetical list
of the corporate names of carriers participating in the tariff under appropriate
concurrence.
(3) Index of stations. An alphabetical index of stations from and to
which fares or charges apply, showing province, with reference to the location in
the tariff of the fares or charges from or to such stations. If throughout the tariff
stations of origin or destination are shown alphabetically, the index of stations
may be omitted.
(4) Rules governing tariff. Rules and other governing provisions, with
the title or subject of each in distinctive type, stated in explicit terms so as to
leave no doubt as to their application to the fares or charges named in the tariff.
Where a tariff is governed by rules published in another tariff, reference to such
other tariff by CTC number shall be shown therein.
(5) Fares or charges. An explicit statement of the fares or charges in
cents, or in dollars and cents per passenger or other unit arranged in a systematic
manner, except that tariffs naming fares for excursions may state such fares in
terms related to specific fares.
(6) Routing. The routes over which fares or charges apply, showing the
names of the carriers and junction points, or reference in the tariff where such
information may be obtained. (See Rule 16) .
Rule 4 (7), 5, 6 (2)
292
(7) Reference marks and abbreviations. An explanation of the reference
marks and abbreviations used in the tariff, except that commonly used abbre-
viations of Province and State names may be omitted. The abbreviations of
the names of initial or participating carriers may be explained in the list
of such carriers provided a statement to that effect is included under the
"Explanation of Abbreviations". Reference to where the explanation of refer-
ence marks or abbreviations is given shall be shown on all pages of the tariff
where reference marks or abbreviations are used. If there be only a limited
number of reference marks or abbreviations, the explanation may be shown
on the page on which they appear.
RULE 5— SUPPLEMENTS
(1) Governed by same regulations as tariffs. Changes in, or additions
to, a tariff shall be known as amendments and, except loose-leaf tariffs and
tariffs of less than two pages, may be published in a supplement to the tariff.
Such supplements shall, except as otherwise provided, be governed by the
same regulations as are applicable to tariffs,
(2) Number of effective supplements. Except as authorized in Rules
13 (2); 22(4); 24(4); and 28(5), not more than two supplements may be
in effect at any one time.
(3) Numbering and cancellation of supplements. Supplements shall
be numbered consecutively. Each supplement shall specify on its title page
the cancellation of prior supplements and shall state the supplements that
contain all changes.
(4) Supplements to identify amendments. The matter contained in each
supplement shall be arranged in the same general manner and order as in the
tariff. Supplements shall identify the exact portion of the tariff being amended
by reference to the page, item or rule number.
(5) Reissued matter. Supplements which consolidate reissued matter
from prior supplements shall bear the notation on the title page, "Effective
(date) except as otherwise provided herein", and the reissued matter therein
shall be designated by a reference mark in the form of a square or circle
enclosing a number, or a number in brackets, the number corresponding to
the number of the supplement in which the reissued matter first appeared.
Example: (4) Reissue, effective January 30, 1957, in Supplement 4.
RULE 6— LOOSE-LEAF TARIFFS
(1) Construction same as bound tariffs. Except as provided in this rule,
the compilation of loose-leaf tariffs shall be in similar manner to bound tariffs.
(2) Title page. The title page shall be designated in the upper left
corner as "Original Title Page", and shall be printed on one side of the leaf
only. When a revised title page is issued, the following notation shall be
shown in connection with the effective date, "Original tariff effective (date)".
293
Rule 6 (3), (9)
(3) Pages following title page. Each page following the title page shall
be consecutively numbered as "Original Page 1", "Original Page 2", etc., and may
be printed on both sides of the leaf, except as provided in paragraph (7). Each
page shall show at the top the name of the issuing carrier, agent, corporation
or association, and also the CTC number of the tariff. Each page shall also
show the date of issue, the effective date and the name, title and address of
the individual responsible for the issuance of the tariff.
(4) Amendments by revised pages. Amendments shall be made by re-
printing the page and such amended page shall be designated as a revised
page cancelling the page which it replaces; for example, "1st Revised Page 1
cancels Original Page 1", or "9th Revised Page 40 cancels 8th Revised Page
40". If the leaf is printed on both sides both pages shall be reissued and
each designated as a revised page. If a page is reissued without amendment
the notation "No change on this page" shall appear at the top of the page.
(5) Additional pages. When additional pages are required in order to
accommodate expanded tariff matter, such pages shall be given the same
number as the page they follow with a letter suffix; for example, "Original
Page 6-A", "Original Page 6-B", etc. When additional pages beyond the
original page series of the tariff are required to be added, such additional pages
shall be consecutively numbered in continuation of the existing page series of
the tariff and designated "Original Page ", etc.
(6) Transfer from one page to another. When necessary to transfer
matter from one page to another due to expansion of tariff matter, revision
shall be made to the page formerly containing the transferred matter by giving
reference to the new page where the tariff matter will in future be found.
The new page shall likewise show reference to the page where the tariff matter
formerly appeared. Subsequent revisions of these pages need not carry forward
these continuity references.
(7) Check sheet. A check sheet shall be included in each loose-leaf
tariff containing a numerical list of all the current pages of the tariff and
shall be printed on one side of the leaf only. When revisions to the tariff are
posted and filed, such pages must be accompanied by a revised check sheet
showing the current effective pages.
(8) No supplement except for specific purposes. Supplements shall
not be issued to loose-leaf tariffs except for the purpose of cancelling the
tariff, or for the purpose of changing all, or substantially all, of the fares or
charges contained therein.
(9) Cancellation of supplements. When all changes made by a supple-
ment have been incorporated in the tariff proper by revision of the appropriate
pages, the supplement shall be cancelled. Such cancellation shall be made by
the reissue of the check sheet page and adding in the upper right corner im-
mediately following the words "cancels revised page 1", the words "also
cancels Supplement ".
74987-9—3
Rule 7 (5)
294
RULE 7— FILING
(1) Period of notice. Tariffs shall be filed with the Board at least three
days before the date they are to become effective, except the following, which
may be filed with the Board on not less than one day's notice.
Excursion tariffs. (Rule 17)
Circus and show outfit tariffs. (Rule 18)
Workmen's train service tariffs. (Rule 19)
Tariffs containing fares account newly constructed rail lines.
(Rule 20)
Supplements announcing the restoration and discontinuance of
service. (Rule 22)
Supplements vacating an order of suspension or cancelling
suspended matter. (Rule 28)
(2) Commencement of period of notice. The act of mailing does not
constitute filing. The period of notice commences from the date of receipt of
the tariff by the Board.
(3) CTC numbers to be consecutive. Tariffs shall be filed in consecutive
order. If for any reason this is not done, the tariff which is filed with a CTC
number that is not consecutive, shall be accompanied by an explanation of the
omission.
(4) Number of copies to be filed. One copy of each tariff shall be filed
with the Board, except the Official Distance Table and Tariff Index, which shall
be filed in duplicate.
(5) Filing Advice. Tariffs shall be accompanied by filing advices, con-
secutively numbered, approximately 8 x 10 inches in size, in form substantially
as follows:
(Name of carrier, agent, corporation or association)
Address
Date
FILING ADVICE
Director,
Traffic Department,
Board of Transport Commissioners for Canada,
Ottawa, Ont.
In compliance with the requirements of the Railway Act, I transmit here-
with, for filing with the Board, copies of passenger tariffs as follows:
Supplement
Number
CTC Tariff
Number
Effective Date
Description
295
Rule 7 (5), 8, 9 (2)
The original filing advice will be retained. If an acknowledgment is required
a duplicate riling advice must be submitted which will be stamped with date
of receipt and returned to the sender.
(6) Mailing address. Tariffs and filing advices shall be addressed to the
Director, Traffic Department, Board of Transport Commissioners for Canada,
Ottawa, Ont., with the envelope marked as containing "Tariffs".
RULE 8— POSTING OF TARIFFS
(1) Posting of tariffs, general. Carriers subject to the jurisdiction of
the Board are required by Section 340 of the Railway Act to keep passenger
tariffs on file and open for inspection of the public during office hours at every
station where passengers are received for carriage.
(2) Posting at stations. Carriers shall post at its stations all passenger
tariffs applicable from or at such stations.
(3) Posting at regional offices and headquarters. Carriers shall post
at the principal regional offices and at its headquarters a complete set of all
passenger tariffs which it issues or to which it is a party.
(4) Posting to be concurrent with filing. Tariffs for posting shall be
forwarded to stations and offices concurrently with the forwarding of the
tariffs to the Board for filing.
(5) Public notice. A notice in large type shall be posted up in a prominent
place at each station or office directing public attention to the place in such
station or office where tariffs are on file.
RULE 9— BY-LAW AUTHORIZING ISSUANCE OF TARIFFS
(1) By-laws to be submitted for approval. By-laws or resolutions
authorizing officers of the carriers to prepare and issue tariffs of tolls, con-
currences or powers of attorney, shall be submitted to the Board for approval.
Such by-laws or resolutions shall be submitted in the form and under the certifica-
tion as follows:
I, (name and title of officer) , of (name of company) ,
do hereby certify that the following is a true copy of a by-law (or resolution)
dated adopted by the Board of Directors of the said
(name of company) .... at a meeting held at the office of the company
in (place) on .(date) , at which a quorum
was present and voted,
The ..(title of officer) . .of the company is hereby authorized by this
by-law (or resolution) to prepare and issue tariffs of the tolls to be
charged by the company, concurrences or powers of attorney, and to
submit same to, and file same with, the Board of Transport Commis-
sioners for Canada as required by the Railway Act.
In witness whereof, I hereunto affix my hand and seal of the company
this day of 19
Name
Title
(Seal)
(2) Passenger and freight tariffs in same by-law. Passenger and freight
tariffs may be included in the same by-law or resolution.
74987-9— 3i
Rule 10 (1)
296
RULE 10— POWERS OF ATTORNEY
(1) Appointing a person as agent.
(a) If a carrier desires to issue tariffs through an agent it may do so
by filing with the Board a power of attorney signed on its behalf by the officer
appointed by By-law as set out in Rule 9. Such document shall be attested by
the Secretary of the company and bear the imprint of its corporate seal. The
following form, approximately 8 x 10 inches in size, shall be used for an origi-
nating carrier to appoint a person as attorney or agent to file tariffs other than
standard passenger tariffs, and receive concurrences for it in its stead. Such
authorization shall also appoint an alternate agent to act in the event of the
death or disability of the principal agent.
(Corporate Name of Carrier)
Address
Date
CTC PA P—
KNOW ALL MEN BY THESE PRESENTS:
That the. . . . (corporate name of carrier) . . . .has made, constituted
and appointed, and by these presents does make, constitute and
appoint. . . . (name of principal agent) ... .its true and lawful attorney
and agent for the said company, and in its name, place, and stead, to
receive concurrences in and to file passenger tariffs, as required of
common carriers by the Railway Act and by regulations established
by the Board of Transport Commissioners for Canada thereunder, for
the traffic and territory now herein named,
(describe traffic and territory)
until superseded or revoked in accordance with the regulations of the
Board of Transport Commissioners for Canada.
And the said. . . . (corporate name of carrier) . . . .does hereby give
and grant unto its said attorney and agent full power and authority
to do and perform all and every act and thing above specified as fully,
to all intents and purposes, as if the same were done and performed .
by the said company, hereby ratifying and confirming all that its said
attorney and agent may lawfully do by virtue hereof, and assuming
full responsibility for the acts and neglects of its said attorney and
agent hereunder.
AND FURTHER, that the. ... (corporate name of carrier)
has made, constituted and appointed and by these presents does make,
constitute and appoint as alternate .... (name of alternate agent)
its true and lawful attorney and agent for said company and in its
name, place, and stead, in case and only in case of the death or
disability of the said . . . . (name of principal agent) ... .to do and
perform the same acts and exercise the same authority as herein-
above granted to ... . (name of principal agent)
297
Rule 10 (1), (2)
IN WITNESS WHEREOF the said company has caused these
presents to be signed in its name by its. . . . {title of officer) ... .and
to be duly attested under its corporate seal by its secretary, at....
in the Province (or State) of , on this day
of in the year of our Lord, Nineteen Hundred and
Name
Title
Attest:
Secretary
(Corporate Seal)
Duplicate mailed to:
(b) Resignation or absence of principal agent. The term 'disability'
as used in the above instrument means the resignation, permanent transfer to
other duties, or other permanent absence of the principal agent.
(c) Sworn statement of alternate agent. On or before the date of
filing of the first tariff by an alternate agent, such alternate agent shall notify
the Board by sworn statement the reason for the exercise of authority.
(d) Notice of alternate agent. In the first amendment to each tariff
issued by the alternate agent subsequent to the death or disability of the
principal agent, there shall be shown therein a notice reading substantially as
follows: "On and after {date principal agent ceased to act) , this
tariff shall be considered as the issue of , Alternate Agent".
{e) Alternate succeeds principal agent. After an alternate agent has
once exercised the authority granted by the power of attorney, the principal
agent may not thereafter act under that document.
(/) New powers of attorney to be filed. The death or disability of
either the principal or alternate agent necessitates the execution of new powers
of attorney, cancelling the effective documents, and naming the principal and
alternate agents thereafter to serve. Such new powers of attorney shall be
secured by the new principal agent and all forwarded by him to the Board for
filing at one time. Such powers of attorney will become effective on date
received by the Board.
(g) Notice by new principal agent. A new agent, on or after the filing
on his authorities, shall include in the next amendment to each of the effective
tariffs a notice reading substantially as follows: "On and after {date
new powers of attorney filed with Board) this tariff shall be considered as
the issue of , Agent".
(h) Numbering of tariffs in CTC series. Tariffs issued by the new
principal agent shall be numbered in the same CTC series as those of the former
; agent.
(2) Appointing a corporation or an association as agent. If a carrier
desires to issue tariffs through a corporation or an association it may do so by
filing with the Board a power of attorney signed on its behalf by the officer
appointed by By-law as set out in Rule 9. Such document shall be attested by
the secretary of the company and bear the imprint of its corporate seal. The
Rule 10 (2), (3)
298
following form, approximately 8 x 10 inches in size, shall be used for an originat-
ing carrier to appoint a corporation or an association as attorney or agent to file
tariffs, other than standard passenger tariffs, and receive concurrences for it in
its stead.
(Corporate Name of Carrier)
Address
Date
CTC PA P—
KNOW ALL MEN BY THESE PRESENTS:
That the {corporate name of carrier) .... has made, con-
stituted and appointed, and by these presents does make, constitute
and appoint ....{name of corporation or association)...., its true
and lawful attorney and agent for the said company, and in its name,
place, and stead, to receive concurrences in and to file passenger tariffs,
as required of common carriers by the Railway Act and by regulations
established by the Board of Transport Commissioners for Canada
thereunder, for the traffic and territory now herein named,
(describe traffic and territory)
until superseded or revoked in accordance with the regulations of the
Board of Transport Commissioners for Canada.
And the said {corporate name of carrier) .... does hereby
give and grant unto its said attorney and agent full power and author-
ity to do and perform all and every act and thing above specified as
fully, to all intents and purposes, as if the same were done and per-
formed by the said company, hereby ratifying and confirming all that
its said attorney and agent may lawfully do by virtue hereof, and
assuming full responsibility for the acts and neglects of its said
attorney and agent hereunder.
IN WITNESS WHEREOF the said company has caused these
presents to be signed in its name by its .... {title of officer) .... and
to be duly attested under its corporate seal by its secretary, at
in the Province (or State) of , on this day
of in the year of our Lord, Nineteen Hundred and
Name
Title
Attest:
Secretary
(Corporate Seal)
Duplicate mailed to:
(3) Appointing another carrier or parent company as agent. A power
of attorney may be given by an originating carrier to another carrier with
which it connects, or by a subsidiary to a parent company, to publish tariffs,
other than standard passenger tariffs, and to give powers of attorney to agents
299
Rule 10 (3), (5)
all in behalf of the said originating or subsidiary carrier. The following form,
approximately 8 x 10 inches in size, shall be used for the said purpose.
(Corporate Name of Carrier)
Address
Date
CTC PA P—
KNOW ALL MEN BY THESE PRESENTS:
That the (corporate name of carrier) .... has made, con-
stituted and appointed, and by these presents does make, constitute
and appoint .... {name of carrier appointed agent) .... its true and
lawful attorney and agent for the said company, and in its name, place
and stead, to file on its behalf, as required by the Railway Act and by
regulations established by the Board of Transport Commissioners for
Canada thereunder, joint passenger tariffs applying FROM points on
its line of railway TO or VIA the line of railway hereby appointed as
agent, except
(If desired to limit the scope of the authority to exclude certain
tariffs or territory, insert such limitation here, or if preferred, the
authority may be stated specifically in the body hereof. If not
limited, delete the word 'except')
And the said .... (corporate name of carrier) .... does hereby
give and grant unto its said attorney and agent, full power and
authority to do and perform all and every act and thing above
specified as fully, to all intents and purposes, as if the same were
done and performed by the said company, hereby ratifying and con-
firming all that its said attorney and agent may lawfully do by virtue
hereof, and assuming full responsibility for the acts and neglects of
its said attorney and agent hereunder.
IN WITNESS WHEREOF the said company has caused these
presents to be signed in its name by its (title of officer) and
to be duly attested under its corporate seal by its secretary, at
in the Province (or State) of on this day
of in the year of our Lord Nineteen Hundred and
Name
Title
Attest:
Secretary
(Corporate Seal)
Duplicate Mailed to:
(4) Numbering of powers of attorney. Powers of attorney of each issuing
carrier may be numbered consecutively with prefix "CTC. PA P".
(5) Powers of attorney of United States carriers. Powers of attorney
of United States carriers in favour of agents, carriers, corporations or associa-
tions in the United States are not required to be filed with the Board.
Rule 10 (6), 11 (1)
300
(6) Filing of powers of attorney. Powers of attorney are to be forwarded
to the Board for filing addressed to "Director, Traffic Department, Board of
Transport Commissioners for Canada, Ottawa, Ont." The document must bear
a notation that the duplicate thereof has been forwarded to the agent, corpora-
tion, association or carrier appointed. If an acknowledgement is required from
the Board, an additional copy of the power of attorney shall be submitted for
that purpose, which will be stamped with date of receipt and returned to the
issuing carrier.
(7) Revocation of powers of attorney. A power of attorney may be
cancelled either by substituting a new document specifically cancelling the
effective document, or by formal notice of revocation. Such substitution or
revocation shall be forwarded to reach the Board at least sixty days before
coming into effect, and a copy thereof served upon the agent, corporation,
association or carrier concerned. The following form, approximately 8 x 10
inches in size, shall be used for the purpose of revoking powers of attorney.
(Corporate Name of Carrier)
Address
Date
Revocation of CTC PA P—
KNOW ALL MEN BY THESE PRESENTS:
Effective , power of attorney as numbered above,
issued by .... {name of carrier issuing power of attorney) .... in
favour of .... {name of agent, corporation, association or carrier in
whose favour power of attorney was executed) is hereby cancelled
and revoked.
Name
Title . '$T^f^ w 1
Attest:
Secretary
(Corporate Seal)
Duplicate mailed to:
(8) Revision of tarilfs when authority revoked. When a power of
attorney is revoked, corresponding revision of the tariffs shall be made not
later than the effective date stated in the notice of revocation. If the tariffs
are not so amended the fares or other provisions therein remain in effect and
must be protected by the carrier responsible for their continued maintenance.
RULE 11— CONCURRENCES
(1) Concurrence of intermediate and terminating carriers. Inter-
mediate and terminating carriers in Canada, participating in joint tariffs applying
between points in Canada shall notify the Board of their assent to, and con-
currence in, such joint tariffs by filing with the Board one of the three following
documents.
301
Rule 11, (1)
(a) General concurrence. The following form is unlimited in its
concurrence and applies to all passenger tariffs applying to or via points on the
line of the carrier giving the concurrence.
(Corporate Name of Concurring Carrier)
Address
Date
CTC GC P—
Board of Transport Commissioners for Canada,
Ottawa, Ont.
This is to certify that . . . (name of concurring carrier) . . . assents
to, and concurs in, all joint tariffs and amendments thereto that may
hereafter be published and filed by .... (name of carrier, agent,
corporation or association issuing tariffs) .... in which this company
is named as a participant, insofar as such tariffs contain fares, charges
or regulations applicable to or via (not from) this company's points,
and hereby makes itself a party thereto and bound thereby.
Name
Title
Duplicate mailed to:
(b) Limited concurrence. The following form is limited in its con-
currence applying on limited specified traffic moving to or via points on the
line of the carrier giving the concurrence.
(Corporate Name of Concurring Carrier)
Address
Date
CTC LC P—
Board of Transport Commissioners for Canada,
Ottawa, Ont.
This is to certify that the .... (name of concurring carrier) ....
assents to, and concurs in, joint tariffs and amendments thereto that
may hereafter be published and filed by (name of carrier, agent,
corporation or association issuing tariffs) .... in which this company
is named as a participant insofar as such tariffs contain fares, charges
or regulations applicable to or via (not from) this company's points,
except
(State the extent of the exception)
and hereby makes itself a .party thereto and bound thereby.
Name
I Title .;..TTf)V...
Duplicate mailed to:
74987-9—4
Rule 11 (1), (6)
302
(c) Specific concurrence. The following form is specific in its con-
currence and applies to a specifically named passenger tariff applying to or via
points on the line of the carrier giving the concurrence. It may not refer to
more than one tariff.
(Corporate Name of Concurring Carrier)
Address
Date
CTC CC P—
Board of Transport Commissioners for Canada,
Ottawa, Ont.
This is to certify that the (name of concurring carrier)
assents, to, and concurs in, the publication and filing of .... (name of
carrier, agent, corporation or association issuing tariff) .... joint
Tariff CTC in which this company is named as a partici-
pant insofar as that tariff contains fares, charges or regulations
applicable to or via (not from) this company's points, and hereby
makes itself a party thereto and bound thereby.
This certificate expires with the cancellation or expiration of the
tariff to which it applies.
Name
Title
Duplicate mailed to:
(2) Preparation and numbering of concurrences. Concurrences shall
be prepared on paper approximately 8 x 10 inches in size, and shall be
consecutively numbered by the issuing carrier in a separate series for each type
of concurrence.
(3) Filing of general and limited concurrences. General and limited
concurrences shall be forwarded to the Board for filing addressed to "Director,
Traffic Department, Board of Transport Commissioners for Canada, Ottawa,
Ont.", and a duplicate thereof mailed to the carrier, agent, corporation or
association in whose favour it is executed. If an acknowledgment is required
from the Board an additional copy shall be submitted for that purpose which
will be stamped with date of receipt and returned to the issuing carrier.
(4) Filing of specific concurrence. Specific concurrences may be for-
warded to the Director, Traffic Department of the Board, or may be sent to the
carrier, agent, corporation or association issuing the tariff, who in turn will file
it with the Board concurrently with the filing of the tariff concurred in.
(5) Concurrences not required in international tariffs. Concurrences
are not required in international tariffs; tariffs applying from a foreign country
through Canada to a foreign country; or from foreign carriers in tariffs applying
from Canada through a foreign country into Canada.
(6) Revocation of concurrences. Concurrences may be cancelled by
notice of revocation. Such notice of revocation shall be forwarded to reach the
303
Rule 11 (6), 12 (2)
Board at least 60 days before coming into force, and a copy thereof concurrently
served upon the carrier, agent, corporation or association concerned. Notice of
revocation shall be in the following form.
(Corporate Name of Carrier)
Address
Date
f CTC GC P-
Revocation of: -j CTC LC P-
[ CTC CC P-
Board of Transport Commissioners for Canada,
Ottawa, Ont.
Effective , concurrence noted above issued by ....
{name of carrier, issuing concurrence) .... in favour of .... {name
of carrier, agent, corporation or association) .... is hereby cancelled
and revoked.
Reasons:
Name
Title
Duplicate mailed to: * * /
(7) Revision of tariffs when authority revoked. When a concurrence is
revoked corresponding revision of the tariff or tariffs must be made not later
than the effective date stated in the notice of revocation. If the tariff or tariffs
are not so amended the fares or other provisions therein remain effective and
must be protected by the carrier or carriers responsible for their continued
publication.
(8) Specific concurrence required if tariff to remain in effect after
revocation. If it is desired to continue in effect any tariff issued under a
general or limited concurrence to be revoked, a specific concurrence therefor
shall be filed with the Board by the concurring carrier prior to the effective
date of the revocation.
RULE 12— SUBSIDIARY LINES
(1) Subsidiary lines included in parent company's tariffs. Companies
owning or controlling separately operated subsidiary lines may include the
subsidiary lines' tariff matter, other than standard tariffs, in the parent
company's tariffs.
(2) Power of attorney required. Each such subsidiary line shall execute
oower of attorney appointing the parent company its agent and attorney on
he form prescribed in Rule 10 (3).
74987-9—4^
Rule 12 (3), 13 (4)
304
(3) Modification of power of attorney. The said power of attorney shall
be modified to also authorize the parent company to give and receive concur-
rences on behalf of the subsidiary line and may include an authorization to
the parent company to execute powers of attorney on behalf of the subsidiary
line.
(4) Parent company to show acting for subsidiary. Parent companies
executing powers of attorney and concurrences on behalf of themselves and
their subsidiaries shall modify the wording of such documents to the extent
necessary to show they are issued 'for itself and as agent and attorney for' the
subsidiary lines.
(5) Joint rates between parent company and subsidiary. Concurrences
are not required from subsidiary lines in joint rates applicable between the sub-
sidiary and its parent company when such tariffs are issued, under the provi-
sions of this rule, by the parent company.
RULE 13— ADOPTION NOTICES
(1) Filing and form of adoption notice. When the name of a carrier
is changed, or when its operating control is transferred to another company,
the carrier which will thereafter operate the properties shall file and post as a
tariff an adoption notice, numbered in its CTC series, reading as follows:
The . . . .(corporate name of adopting carrier) .... hereby adopts,
ratifies and makes its own in every respect as if the same had been
originally filed and posted by it, all passenger tariffs, rules, notices,
concurrences, traffic agreements, divisions, authorities, powers of
attorney or other instruments whatsoever, including supplements or
amendments thereto, filed with the Board of Transport Commissioners
for Canada by, or heretofore adopted by, the . ... (corporate name of
old carrier) .... prior to .... (date)
(2) Amendment to tariffs showing adoption. In addition to the above
adoption notice, the new carrier shall immediately file a consecutively numbered
supplement to each of the tariffs of the former carrier publishing the following
notice:
Effective ....(date shown in adoption notice)...., this tariff
became the tariff of the . . . . ( corporate name of new carrier) .... as
per its Adoption Notice CTC
Such supplements shall contain no other matter and may be filed without regard
to Rule 5 (2).
(3) Subsequent amendments. Succeeding supplements to adopted tariffs
shall be numbered consecutively in the series of the carrier that issued the
original tariff. Successive issues of the adopted tariffs shall specifically cance]
the former tariff by CTC number and name of carrier, but shall be numbered
in the CTC series of the new carrier.
(4) Former carrier to be eliminated from tariffs. Tariffs issued by othei
carriers, agents, corporation or association under power of attorney, in which
Rule 13 (4), 14, 15, 16 (2)
305
the former carrier is named as a participating carrier, shall be amended to
substitute the name of the adopting carrier by the following provision:
The . . . . ( corporate name of adopting carrier) .... by its Adoption
Notice CTC having taken over tariffs, etc., of the (cor-
porate name of old carrier). . . . the . . . . (corporate name of adopting
carrier) . ... is hereby substituted for the .... (corporate name of old
carrier) .... wherever it appears in this tariff.
(5) New Powers of attorney and concurrences to be filed. Powers of
attorney and concurrences adopted by the new carrier must be replaced within
one hundred and twenty (120) days by new powers of attorney and concur-
rences of the adopting carrier, upon which documents reference must appear as
to the cancellation of the documents of the old carrier.
RULE 14— STANDARD TARIFFS
(1) Submission for approval. Standard tariffs shall specify the maximum
mileage toll to be charged for passengers for all distances covered by the carrier.
Such tariffs shall be submitted by each company, in triplicate, for approval by
the Board without the effective date appearing thereon.
(2) Publication in Canada Gazette. Upon approval by the Board standard
tariffs shall be published in accordance with the terms of the Board's Order.
(3) Filing of approved tariffs. After publication in the Canada Gazette
the tariff may be filed at least three days before the effective date thereof with
a reference appearing thereon reading:
Approved by Order dated , of the Board of Transport
Commissioners for Canada.
RULE 15— SPECIAL TARIFFS
(1) Special Passenger Tariffs. Special passenger tariffs shall contain the
fares, (other than the standard maximum mileage toll), charges, rules, regula-
tions or other arrangements for the transportation of and accommodation for
all passenger traffic.
(2) Statutory notice. Such tariffs shall be filed with the Board and posted
for public inspection at least three days before the effective date thereof.
RULE 16— JOINT TARIFFS
(1) Applying between points in Canada. Joint tariffs applying over
any continuous route in Canada operated by two or more carriers shall be
filed by the initial carrier in the same manner as local tariffs.
(2) Applying over foreign railway companies. Joint tariffs applying
over any continuous route from a point in Canada through a foreign country
into Canada; or from any point in Canada to a foreign country; or from any
point in a foreign country into Canada, and such route is operated by two or
more carriers, whether Canadian or foreign, shall be filed by the initial carrier
or duly authorized agent, corporation, association or carrier.
Rule 16 (3), 17, 18
306
(3) Joint tariffs not required on overhead traffic. Joint tariffs of foreign
railway companies applying from any point in a foreign country through
Canada into a foreign country are not required to be filed with the Board.
(4) Routing to be shown. Joint tariffs shall show the routes over which
the fares or charges published therein apply, stated in such manner that the
routes may be definitely ascertained.
(5) Routing in tariff or routing guide. Routing may be published in
the tariff containing the fares or charges or may be published in a separate tariff
provided reference is made to such separate tariff. The routing tariff shall be
filed with the Board by the issuing carrier or duly authorized agent, corporation,
association or carrier.
(6) Restrictive use of routing tariffs. The routing tariff shall show on
the title page the following notation:
The routes provided herein may be used only in connection with
fares made subject hereto by specific reference to this tariff in tariffs
containing such fares. Its use in connection with any tariff is
restricted to the carriers and to the application provided in such tariff.
RULE 17— EXCURSION TARIFFS
(1) Tariffs may be filed on one day's notice. Special passenger tariffs
containing fares for excursions, conventions or other special passenger traffic
which are limited to a designated period not exceeding six months and which
are required to be brought into prompt effect may be filed with the Board and
posted at selling stations at least one day before the effective date thereof. Such
tariffs shall contain a notation on the title page reading:
Issued on one day's notice under authority of Rule 17 of Tariff
Circular 2 of the Board of Transport Commissioners for Canada.
(2) Designated period tlefined. The term "designated period" used in
paragraph (1) means the period beginning with the first day on which the trans-
portation can first be used and ending with, and including, the day upon which
the return trip must be completed.
(3) Separate filing series. Such special passenger tariffs shall be filed
with the Board under a separate numerical series with the prefix "CTC-X"
and each issuing carrier, agent, corporation or association shall number the
tariffs in its own CTC-X series.
RULE 18— CIRCUS AND SHOW OUTFITS
(1) Tariffs may be filed on one day's notice. Special tariffs containing
rates for movements of circuses and other show outfits may be established on
not less than one day's notice to the Board, and such tariffs need not be posted
at stations. The tariffs shall consist of a title page with notation "as per copy
of contract attached", and to it shall be attached a copy of the contract under
which the circus or show is transported.
(2) Tariff notation. The tariffs shall also contain a notation on the title
page reading:
Issued on one day's notice under authority of Rule 18 of Tariff
Circular 2 of the Board of Transport Commissioners for Canada.
307
Rule 19, 20, 21, 22 (3)
RULE 19— WORKMEN'S TRAIN SERVICE
(1) Tariffs may be filed on one day's notice. Special tariffs containing
charges for special workmen's train service may be established on not less than
one day's notice to the Board, and such tariffs need not be posted at stations.
The tariffs shall consist of a title page with notation "as per copy of agreement
attached", and to it shall be attached a copy of the agreement under which the
service is performed.
(2) Tariff notation. The tariffs shall also contain a notation on the title
page reading:
Issued on one day's notice under authority of Rule 19 of Tariff
Circular 2 of the Board of Transport Commissioners for Canada.
RULE 20— NEWLY CONSTRUCTED RAIL LINES
(1) Tariffs may be filed on one day's notice. Tariffs containing fares,
charges or regulations applicable from and to points on newly constructed lines
of railway, including extensions of existing railways, may be initially filed with
the Board and posted at stations on not less than one day's notice.
(2) Tariff notation. The tariffs shall contain a notation on the title page
reading:
Issued on one day's notice under authority of Rule 20 of Tariff
Circular 2 of the Board of Transport Commissioners for Canada.
RULE 21— RULES AND REGULATIONS
(1) Rules and regulations in separate tariff. A separate tariff may be
filed containing rules and regulations which are to govern certain tariffs within
a recognized fare territory. Such rules and regulations shall be made part of
the fare tariff by reference in substantially the following form:
Governed, except as otherwise provided herein, by rules and
regulations published in Special Passenger Tariff CTC
RULE 22— DISCONTINUANCE AND RESTORATION OF SERVICE
(1) Announcement of service. Tariffs containing fares applying in
connection with any carrier whose service is discontinued for a portion of each
year shall provide for discontinuance and restoration of service over such carrier
or carriers from and to the affected points by stating that the fares provided
therein are valid for passage only during the period when service over those
carriers is available.
(2) Definite dates of service. When specific dates of discontinuance and
restoration of service can be predetermined, a rule shall be published in the
tariff announcing the dates of such discontinuance and restoration of service.
(3) Indefinite dates of service. When specific dates of discontinuance
and restoration of service cannot be determined a rule shall be published in the
tariffs stating that supplements to the tariff announcing the dates of discon-
tinuance and restoration of service will be filed with the Board and posted for
public inspection not less than one day prior to the date service will be restored
or discontinued.
Rule 22 (4), 23, 24 (7)
308
(4) Supplements. Supplements announcing the restoration and discon-
tinuance of service under this rule may be filed on not less than one day's notice,
and may be filed without regard to Rule 5(2).
RULE 23— OFFICIAL DISTANCE TABLE
(1) Official distance table to be filed. Each carrier shall publish and file,
in duplicate, an 'Official Distance Table' which shall show the mileage between
its stations. A fraction of a mile shall be considered as a whole mile.
(2) Tariffs to be governed by Official Distance Table. Tariffs con-
taining mileage fares shall give reference to the Official Distance Table.
(3) Passenger and freight distances in same issue. The Official
Distance Table may be used for both passenger and freight service, in which
case copies thereof shall be filed with the Board in both the carrier's freight and
passenger tariff series.
RULE 24— TARIFF INDEX
(1) Index of tariffs to be filed. Except as provided in paragraph (5)
each carrier shall publish and file in duplicate, a complete index of all effective
tariffs filed with the Board to which it is a party as an initial carrier.
(2) Arrangement by sections. Such index shall be divided into two
sections; first, a list of all tariffs in which the carrier is an initial carrier and
second, a numerical list of its own tariffs by CTC number.
(3) Arrangement by contents. The index shall show: (a) the CTC
number of each tariff, including both its own issues and those issued by others
under power of attorney; (6) name or initials of issuing carrier, agent, corpora-
tion or association; (c) a brief description of the traffic upon which it applies; {d)
points or territory from and to which the tariff applies.
(4) Index to be issued biennially. The index shall be reissued at least
every two years, and amendments to the index by supplement at least every
three months. Not more than five supplements shall be in effect at one time.
Rule 5(2) shall not apply. The title page shall bear date of issue but no
effective date.
(5) Exclusion of supplements and temporary tariffs. Tariffs covering
specific passenger movements remaining in effect for a period of thirty days or
less may be omitted.
(6) Subsidiary lines may be included in parent company's index.
Parent companies may include tariffs of their subsidiary lines in the parent
company's index, provided the application of the tariffs as to each line is plainly
indicated.
(7) List of agency tariffs. Agents, corporations or associations filing
tariffs on behalf of carriers are required to file a list of their tariffs in which all
tariffs issued by the agent, corporation or association are shown by CTC
reference, with a brief description of the character and applicable territory of
each tariff. Such a list may be filed as a tariff or may be given a list number
309
Rule 24 (7), 25, 26, 27 (1)
for identification purposes. Such list should be reissued at least every two years
and amended by supplement at least every three months when changes occur.
(8) Freight and passenger tariffs in one index. Indices of freight and
passenger tariffs may be combined in one publication. The combined index
shall be divided into two separate parts, and the CTC reference in both freight
and passenger series shall be shown thereon and such index filed with the Board
in both series.
RULE 25— REFERENCE MARKS
(1) Uniform reference marks. Changes in fares, charges or wording of
tariffs shall be indicated by the use of the following reference marks, which
shall be used for no other purpose.
4 or R to denote reduction.
♦ or A to denote advance.
± or C to denote change in wording which results in neither
increase nor reduction in fares (or charges).
• or N to denote no change in fare (or charge).
* or b to denote basing fare (or charge).
□ or ( ) to denote reissued matter with the supplement number
from which reissued inserted therein.
Reference marks shall be placed in such position as will attach as directly as
possible the actual change in fare, charge or text.
(2) General changes. When a change of the same character is made in
all, or substantially all fares or charges in a tariff, or a page thereof, the nature
of such change shall be indicated at the top of the title page of such tariff, or
at the top of each page affected, by the notation, "Fares (or charges) in this
tariff (or page) are reductions (or increases), except as indicated", and the
changes not consistent with this notation will be appropriately indicated.
RULE 26— REFERENCE TO ORDERS AND JUDGMENTS
(1) Reference to Board's orders or judgments to appear in tariffs.
Tariffs issued pursuant to judgments or orders of the Board shall give reference
to the number and date of the order or date of the judgment as follows:
Issued in compliance with Order , dated ,
of the Board of Transport Commissioners for Canada.
or
Issued under Judgment dated , of the Board of Trans-
port Commissioners for Canada.
(2) Reference to appear only in the initial publication. Such references
need only be shown in the initial publication of the new or changed matter and
references eliminated as same is brought forward as reissued matter.
RULE 27— CANCELLATION OF TARIFFS
(1) Cancellation by supplement or another tariff. A tariff may be
cancelled by a supplement thereto or by another tariff. Cancellation of a tariff
also cancels all supplements in effect at that time. Cancellation of a tariff by
a supplement to another tariff is not permitted.
74987-9—5
Rule 27 (2), 28 (4)
310
(2) Cancellation notice. When a tariff is cancelled by another tariff
which does not contain all of the tolls shown in the tariff to be cancelled, the
cancelling tariff must show where tolls not shown therein will thereafter be found
or what tolls will thereafter apply.
(3) Reinstatement only by publication. When a tariff or any portion
thereof has been cancelled it cannot be reinstated other than by republication in
the regular manner.
(4) Cancellation by another tariff. When a tariff is cancelled by another
tariff, the tariff effecting the cancellation shall be in the same CTC series,
except if a carrier's tariff is to be displaced by an agency tariff, the agency tariff
shall either cancel or indicate that it supersedes the carrier's tariff. In the latter
case the carrier's tariff shall be cancelled by a supplement thereto and show
reference to the agency tariff.
(5) Cancellation by two or more tariffs. When a tariff is superseded
by two or more tariffs, the cancellation shall be accomplished by supplement
to the tariff to be cancelled. Such supplements shall show reference to the
tariffs in which such matter will thereafter be found. The new tariffs shall
show reference to the cancelled tariff by a notation reading: 'Supersedes
Tariff , CTC , to the extent shown in Supplement
thereto.'
(6) Transfer from one tariff to another. When tariff matter is trans-
ferred from one tariff to another, the transfer shall be accomplished by specific
cancellation by amendment to or reissue of the tariff in which the tariff matter
is in force showing reference to the tariff in which it will be published in the
future. The tariff containing the matter so transferred shall correspondingly
show reference to the tariff in which it was formerly published.
(7) Partial cancellation. When a tariff partially supersedes another
tariff in force at the time, it shall specifically state the portions of such other
tariff which are thereby superseded and the conflicting portions of the former
tariff shall be correspondingly amended.
RULE 28 — SUSPENSION OF TARIFFS
(1) Suspended matter to be restored. When provisions of a tariff are
suspended by order of the Board, the issuing carrier, agent, corporation or
association, shall immediately file appropriate amendment restoring the pro-
visions which were to be cancelled by the suspended tariff.
(2) Restoring suspended matter. When the Board vacates an order of
suspension, an appropriate tariff amendment putting into effect the suspended
provisions and terminating the restored provisions may be filed on one day's
notice, but not earlier than the effective date originally proposed.
(3) Cancellation of suspended matter. When the Board orders the
cancellation of the suspended provisions of a tariff, the suspended matter therein
shall be cancelled by filing an appropriate tariff amendment on one day's notice.
(4) When Interstate Commerce Commission orders. When the Inter-
state Commerce Commission suspends, vacates the suspension of, or orders the
311
Rule 28 (4), 29, 30
cancellation of, suspended matter in a tariff applicable between United States
and Canadian points, the provisions of this rule may be applied thereto.
(5) Supplements. Supplements to effect the foregoing may be filed
without regard to Rule 5 (2).
RULE 29— REJECTION OF TARIFFS
(1) Board may reject tariffs. Tariffs which fail to meet the requirements
of these rules may be rejected and returned to the sender.
(2) Rejected tariffs void. The CTC tariff number, revised page number
or supplement number of a rejected schedule shall not again be used.
(3) Substitution of rejected tariffs. Tariffs issued in lieu of rejected
tariffs shall show on the title page notation; "In lieu of , rejected by
Board."
(4) Rejection by Interstate Commerce Commission. Where tariffs,
filed with both the Interstate Commerce Commission and this Board, are
rejected by the Interstate Commerce Commission, the issuing carrier, agent,
corporation or association, shall immediately notify the Director, Traffic Depart-
ment of the Board, of such rejection. Such tariffs will also be marked rejected
by this Board and returned to the sender.
RULE 30— DEPARTURE FROM RULES
(1) Departure only by authority. No departure from the provisions of
these regulations is permitted except under specific authority of the Board.
(2) Application for relief. If it is desired to depart from the provisions
of these regulations, an application in substantially the following form may be
made to the Director, Traffic Department of the Board:
(Name of Carrier or Agent)
Address
Date
Director,
Traffic Department,
Board of Transport Commissioners for Canada,
Ottawa, Ont.
Authority is hereby requested to depart from the requirements of
Rule of Tariff Circular 2 when taking tariff action as
follows:
(Describe in detail (by accompanying exhibit if desired) the
proposed change or addition to be made in the tariff; the CTC
reference; and the exact nature of the relief desired)
The following facts are submitted in justification of this
application:
(State fully the circumstances relied upon as justifying the
application)
Name
Title
74987-9— 5i
GENERAL INDEX
Subject Rule Page
Abbreviations 4(7) 292
Acknowledgment
of concurrences , 11(3) 302
of powers of attorney 10(6) 300
of tariffs 7 (5) 294
Additional
pages to loose leaf tariffs 6 (5) 293
supplements 5(2) 292
Address
for filing tariffs 7(6) 295
for filing concurrences (General and Limited) 11 (3) 302
for filing powers of attorney 10 (6) 300
on loose-leaf pages 6 (3) 293
on title page, issuing agent or officer 3 (9) 291
Adopted
carrier, eliminated as participating 13 (4) 304
concurrences replaced 13(5) 305
powers of attorney replaced 13 (5) 305
tariffs, cancellation 13 (3) 304
Adoption
of powers of attorney requires replacing 13 (5) 305
shown in tariff amendment 13(2) 304
Adoption notice 13 304
amendments to adopted carriers' tariffs 13 (2) 304
filing new concurrences and powers of attorney 13 (5) 305
supplement eliminating former carrier 13(4) 304
supplements showing 13 (2) 304
Advance, notation re 25 (2) 309
Advice — see filing advice
Agency Tariff (s)
cancelling carrier's tariff 27 (4) 310
list of 24 (7) 308
Agent(s)
alternate, appointed by power of attorney 10 (1) (a) 296
alternate, notice of '. 10 (1) (d) 297
alternate, succeeds principal 10 (1 ) (e) 297
alternate, sworn statement of 10 (1) (c) 297
alternate, tariff amendment by 10 (1) (d) 297
appointment of another carrier or parent company as 10(3) 298
12 (2) 303
appointment of association or corporation as 10(2) 297
appointment of person as 10 (1) (a) 296
authorized to receive concurrences 10 (1) (a) 296
disability, definition of 10 (1) (6) 297
disability, requires new powers of attorney 10 (1) (/) 297
issuing, name, title and address on title page 3 (9) 291
issuing, on loose leaf pages, 6 (3) 293
issuing, on title page 3 (2) 290
issuing, to file Routing Guide 16 (5) 306
notice by 10 (1) (g) 297
principal, absence or resignation of 10 (1) (6) 297
principal, new, numbering tariffs of . 10 (1) (h) 297
principal, new, tariff amendment by 10 (1) (g) 297
principal, unauthorized to act 10 (1) (e) 297
tariffs, concurrence in 11 (1) 300
tariffs, list of 24 (7) 308
United States', no powers of attorney required 10(5) 299
Agreement re Workmen's Train Service Tariff 19(1) 3C7
Allowance — see toll
Alphabetical
index of contents 4 (1) 291
index of stations 4 (3) 291
list of initial and participating carriers 4 (2) 291
Alterations 2 (2) 290
312
313
GENERAL INDEX — Continued
Subject Rule Page
Amendment(s)
by new alternate agent 10 (1) (d) 297
by new principal agont 10 (1) (g) 297
by revised page 6 (4) 293
by supplement 5(1) 292
by supplement, showing adoption 13(2) 304
by supplement, showing dates of service 22 (3) 307
definition of 5(1) 292
identified in supplements 5 (4) 292
included in reference to word "tariff" 1 (3) 289
inserting adopting carrier's name in tariffs 13 (4) 304
loose leaf 6(4) 293
succeeding, to adopted tariffs 13 (3) 304
to conflicting tariffs 27(7) 310
Application
for departure from rules 30(2) 311
of general concurrence 11 (1) (a) 301
of limited concurrence 11 (1) (6) 301
of regulations 1 (1) 289
of specific concurrence 11 (1) (c) 302
of territory 3 (5) 290
Approval of
by-law 9(1) 295
standard tariff 14 (2) 305
standard tariff, submission for 14(1) 305
Arrangement of
supplemental matter 5 (4) 292
tariff index, by contents 24 (3) 308
tariff index, by section 24 (2) 308
Association or Corporation
appointed agent 10(2) 297
duplicate power of attorney to 10(6) 300
duplicate revocation of power of attorney to 10(7) 300
Authority for
departure from rules 30 (1) 311
tariff issuance by by-law 9 (1) 295
tariff issuance by power of attorney 10 296
Basing Fare
definition 1 (4) (a) 289
By-Law
authorizing tariff issuance 9 (1) 295
passenger & freight combined 9 (2) 295
Cancellation
by two or more tariffs 27 (5) 310
notice when all previous fares not in new tariff 27 (2) 310
of adopted tariffs 13 (3) 304
of concurrences 11 (6) 302
of powers of attorney 10(7) 300
of superseded tariff by supplement 27 (4) 310
of supplement by another 5 (3) 292
of supplement to loose leaf tariff 6 (9) 293
of suspended matter 28(3) 310
of suspended matter by LC.C 28 (4) 310
of tariff 27 309
of tariff by another 27 (1) 309
of tariff by revised page 6 (4) 293
of tariff by supplement 27 (1) 309
of tariff by supplement to another 27 (1) 309
of tariff includes supplements 27 (1) 309
of tariff, partial 27 (7) 310
on title page 3 (1) 290
reference to adopted documents 13(5) 305
supplement, reference to superseding tariff in 27 (5) 310
tariff in same series 27 (4) 310
tariff , notation on 27(5) 310
tariff , omission of fares in 27(2) 310
Cancelled
C.T.C. on title page 3 (1) 290
provisions restored 28(1) 310
supplements specified 5(3) 292
tariff, reinstatement of 27 (3) 310
tariff, supplements of 27 (1) 309
314
GENERAL INDEX — Continued
Subject Rule
Carrier (s)
appointing agent 10
concurrence of intermediate and terminating 11 (1)
eliminated from tariffs when adopted 13 (4)
initial, list of 4 (2)
initial, on title page 3 (3)
initial, to file and publish tariff index 24 (1)
initial, to file joint Canadian tariffs 16 (1)
initial, to file joint international tariffs 16 (2)
issuing, on loose leaf pages 6 (3)
name, change in 13 (1)
name, on title page 3 (3)
operating control transferred 13 (1)
participating, list of 4 (2)
participating, on title page 3 (3)
posting tariffs, by 8 (1)
tariff cancelled by agency tariff 27 (4)
Change (s)
by supplement 5 (1)
general 25 (2)
in charges, fares or wording — reference to 25 (1)
in control requires adoption notice 13 (1)
in name of carrier 13 (1)
Character of Tariff on title page 3 (4)
Charges — see toll
Check Sheet 6 (7)
cancelling supplement 6 (9)
Circus Tariff 18
Concurrence (s) 11
adoption of requires replacing 13 (5)
agent authorized to receive by power of attorney 10 (1) (a)
general, filing and acknowledgment of 11 (3)
general, form and limitation of 11 (1) (a)
in joint tariffs 11 (1)
limited, filing and acknowledgment of 11 (3)
limited, form and limitation of 11 (1) (b)
notice of in intermediate and terminating carriers' tariffs 11 (1)
not required in international and certain other tariffs 11 (5)
not required from subsidiary in joint rates issued by parent 12 (5)
numbering, preparation and size of 11 (2)
parent company's to show when acting for subsidiary 12 (4)
revised, failure to comply with 11 (7)
revocation of 11 (6)
revocation of requires tariff revision 11 (7)
revocation of, tariffs remaining effective after 11 (8)
specific, filed concurrent with tariff 11 (4)
specific, form and limitation of 11 (1) (c)
specific, when general or limited revoked 11 (8)
subsidiary's handled by parent through power of attorney 12 (3)
Consolidation of
supplements 5 (5)
tariffs and tolls 2 (3)
Construction of
tariffs 2
tariffs, loose-leaf 6 (1)
Contents of
check sheet 6 (7)
circus and show outfit tariffs 18 (1)
special tariffs 15(1)
standard tariffs 14 (1)
supplements 5
tariff 4
tariff, on title page 3 (4)
tariff index, arrangement of 24 (3)
tariff, table of . 4(1)
workmen's train service tariffs 19 (1)
Contract attached to tariffs 18 (1)
Control Transferred, adoption notice re 13 (1)
Page
296
300
304
291
290
308
305
305
293
304
290
304
291
290
295
310
292
309
309
304
304
290
293
293
306
290
295
296
302
301
300
302
301
300
302
304
302
304
303
302
303
303
302
302
303
304
290
290
292
293
306
305
305
292
291
290
308
291
307
306
304
315
GENERAL INDEX — Continued
Subject Rule Page
Copies of
filing advices, number required 7(5) 294
tariffs, number required 7 (4) 294
Corporate Seal on power of attorney 10 (1) (a) 296
Corporation — see association
C T C
prefix 2 (4) 290
number void when rejected 29 (2) 311
Date of
expiry, on title page 3 (7) 291
issuance, on loose leaf pages 6 (3) 293
issuance, on tariff index 24 (4) 308
issuance, on title page 3 (6) 291
judgment, tariff reference to 26 (1) 309
order, tariff reference to 26 (1) 309
receipt on general and limited concurrences 11(3) 302
receipt on powers of attorney 10 (6) 300
service, definite 22 (2) 307
service, indefinite 22 (3) 307
tariff revision when concurrence revoked 11 (7) 303
tariff revision when power of attorney revoked 10 (8) 300
Date Effective— see effective date
Death of Agent, new powers of attorney required 10 (1) (/) 297
Decisions of Board, compliance with 26 (1) 309
Definition (s) of 1 (4) 289
designated period 17 (2) 306
disability of agent 10 (1) (b) 297
Departure from Rules 30 311
application for 30(2) 311
by authority 30 (1) 311
of tariff circular 30 (1) 311
special permission re 3 (8) 291
Description of Tariff, on title page 3 (4) 290
Disability of agent or alternate, powers of attorney reissued 10 (1) (/) 297
Discontinuance of Service 22 307
dates definite 22(2; 307
dates indefinite 22 (3) 307
extra supplement permitted 22 (4) 308
provision for 22 (1) 307
supplement announcing 22 (3) 307
Distance Table 23 308
filing 23 (1) 308
fractions in 23 (1) 308
number of copies required 7(4) 294
passenger and freight combined 23 (3) 308
tariff reference to 23 (2) 308
Duplicate
advice 7 (5) 294
concurrence (general and limited) 11(3) 302
distance table 23 (1) 308
power of attorney 10 (6) 300
revocation of concurrence 11(6) 302
revocation of power of attorney 10 (7) 300
tariff index 24 (1) 308
Effective
period for excursion tariffs 17(1) 306
supplements, number permitted 5 (2) 292
supplements specified thereon 5 (3) 292
supplements to tariff index 24 (4) 308
Effective Date
of loose leaf pages 6 (3) 293
of loose leaf tariff 6 (2) 292
of power of attorney 10 (1) (/) 297
of regulations 1 (1) 289
of restoration of suspended matter 28 (2) 310
of revised title page 6 (2) 292
of revocation of concurrence : 11(7) 303
of standard tariff 14 (3) 305
of standard tariff omitted 14 (1) 305
of tariff index omitted 24 (4) 308
of tariff revision when concurrence revoked 11(7) 303
on title page 3 (6) 291
316
GENERAL INDEX— Continued
Subject Rule Page
Exclusion of supplements and temporary tariffs from index.. 24 (5) 308
Excursion
fares, related to specific 4 (5) 291
tariffs 17 306
tariffs, effective period 17(1) 306
tariffs, in separate series 17 (3) 306
Expiry
by limitation..... 3(7) 291
date on title page 3 (7) 291
Explanation of abbreviations and reference marks 4 (7) 292
Extension of Railway considered new lines 20 (I) 307
Fares — see tolls
Filing 7. 294
address... 7(6) 295
adoption notice 13 (1) 304
amendment showing adoption notice 13(2) 304
carboncopies 2(1) 290
concurrence, general and limited 11(3) 302
concurrence, new, when adopted 13(5) 305
concurrence of intermediate and terminating carriers 11(1) 300
concurrence revocation 11 (6) 302
concurrence, specific 11 (4) 302
concurrence, specific, concurrent with tariff 11 (4) 302
concurrence, specific, re tariff effective after revocation : 11 (8) 303
concurrence, specific, when general or limited revoked 11 (8) 303
concurrent with posting 8 (4) 295
distance table 23 (1) 308
excursion series separate 17 (3) 306
index, freight and passenger combined 24 (8) 309
indistinct copies 2 (1) 290
list of agency tariffs 24 (7) 308
powers of attorney : . . 10 (6) 300
powers of attorney appointing agent 10 (1) (a) 296
powers of attorney, method of, naming new agent . 10 (1) (f) 297
powers of attorney, new, when adopted 13 (5) 305
powers of attorney revocation 10(7) 300
powers of attorney, United States carrier 10 (5) 299
routing guide. 16 (5) 306
supplement discontinuing and restoring service 22 (3) 307
sworn statement of alternate agent 10 (1) (c) 297
tariff index by initial carrier in duplicate 24 (1) 308
tariffs, altered 2 (2) 290
tariffs, circus and show outfit 18 (1) 306
tariffs consecutively 7 (3) 294
tariffs consecutively, omission explained 7 (3) 294
tariffs, erased 2 (2) 290
tariffs, excursion 17 (1) 306
tariffs, initial new lines 20 (1) 307
tariffs, joint Canadian 16(1) 305
tariffs, joint international 16 (2) 305
tariffs, joint overhead 16(3) 306
tariffs, new lines 20 (1) 307
tariffs, notice period 7 (1) 294
tariffs, notice period, commencement of 7 (2) 294
tariffs, number of copies 7 (4) 294
tariffs, special, on statutory notice 15 (2) 305
tariffs, standard 14 (3) 305
tariffs, standard, unauthorized by power of attorney 10 (1) (a) 296
tariffs with filing advice 7 (5) 294
tariffs, workmen's train service 19(1) 307
Filing Advice (s):
accompany tariff 7 (5)
address on 7(6) 295
consecutive numbering 7(5) 294
317
GENERAL INDEX — Continued
Subject Rule Page
Form of
adoption notice 13 (1) 304
amendment substituting adopting carrier's name in tariff 13 (4) 304
application for departure from rules 30 (2) 311
by-law 9 (1) 295
filing advice 7 (5) 294
concurrence, general 11 (1) (a) 301
concurrence, limited 11 (1) (£>) 301
concurrence, revocation 11(6) 302
concurrence, specific 11 (1) (c) 302
power of attorney appointing another carrier or parent company as agent ... 10 (3) 298
power of attorney appointing corporation or association as agent 10 (2) 297
power of attorney appointing person as agent 10 (1) (a) 296
power of attorney revocation 10(7) 300
reference to rules and regulations tariff 21(1) 307
tariff 2 (1) 290
Former Carrier eliminated from tariffs 13 (4) 304
Fractions in distance table 23 (1) 308
Freight and Passenger — see passenger and freight
General
change 25 (2) 309
concurence, filing 11 (3) 302
concurrence, limitation of 11 (1) (a) 301
concurrence, tariffs remaining effective after revocation of 11 (8) 303
provisions 1 289
Grouping Tolls 2(3) 290
Increases, notation re 25 (2) 309
Index
of stations, alphabetical 4(3) 291
of tariff contents 4(1) 291
of tariffs — see tariff index 24 308
Indistinct Tariffs 2 (1) 290
Inspection, posting tariffs for 8(1) 295
International Tariffs
concurrence not required 11 (5) 302
filing joint 16(2) 305
Interstate Commerce Commission
rejection by 29 (4) 311
suspension by 28 (4) 310
Issuance
date of on loose-leaf pages 6 (3) 293
date of on title page 3 (6) 291
of list of agency tariffs biennially 24 (7) 308
of supplements to list of agency tariffs, quarterly 24 (7) 308
of supplements to tariff index, quarterly 24 (4) 308
of tariff authorized by by-law 9 295
of tariff index biennially 24 (4) 308
Issuing
agent, association, carrier or corporation on loose-leaf pages 6 (3) 293
agent or officer, name, title and address on title page 3 (9) 291
carrier or authorized party to file routing guide 16 (5) 306
carrier or publishing authority on title page 3(2) 290
Joint Fare, definition 1 (4) (c?) 289
Joint Rates, between parent & subsidiary 12 (5) 304
Joint Tariff (s) 16 305
Canadian 16(1) ' 305
concurrence in 11(1) 300
concurrence, international, not required 11(5) 302
definition 1 (4) (e) 289
filing by initial carriers . 16(1) 305
international 16 (2) 305
overhead 16 (3) 306
routing to be shown 16(4) 306
routing in tariff or routing guide 16(5) 306
specific concurrence when general or limited revoked 11(8) 303
318
GENERAL INDEX — Continued
Subject
Judgment:
tariff reference to
tariff reference to in initial publication only
tariff reference to on title page
Kind of tariff
Limited Concurrence
filing
form & limitation of
tariffs remaining effective after revocation of
Local
fare, definition
tariff, definition
Loose Leaf Tariff (s)
amendment by revised page
check sheet
construction
pages, additional
pages following title page
pages listed on check sheet
pages, transfer of matter
supplements
supplements, cancellation of
title page
Mailing Instructions
Mileage (s):
in distance table
tolls, maximum, in standard tariff
Missing C.T.C. Numbers, explanation required. .
Name of
adopting carrier substituted in tariff
carrier, change in
issuer on loose-leaf pages
issuing agent or officer on title page
issuing carrier or publishing authority on title page
participating carrier on title page
New Lines
tariffs
Notation:
on check sheet cancelling supplement
on circus and show outfit tariff re contract attached
on circus and show outfit tariff re notice period
on excursion tariff re notice period
on new lines tariff re notice period
on revised page containing no amendments
on revised title page
on substitution of rejected tariff
on superseding tariffs
on title page of routing guide
on workmen's train service tariff re agreement attached
on workmen's train service tariff re notice period ,
re disposition of duplicate power of attorney
re general changes
re more than one effective date
re reissued matter in supplements
re substitution of carrier when adoption has occurred
Notice:
of adoption
of adoption, tariff amendment re
of alternate agent
of approval of standard tariff in Canada Gazette
of cancellation
of cancellation, partial ,
of concurrence
of expiry on title page
of posting, publicly located
of principal agent
of revocation of concurrence
of revocation of concurrence, tariff revision re
of revocation of power of attorney
of suspension
statutory
Rule
Page
26 (1)
309
26 (2)
309
3 (8)
291
a \flt)
^yu
11 (3)
302
11 (1) (6)
301
11 (8)
303
1 (4) (b)
289
1 (4) (c)
289
6
292
6 (4)
293
6 (7)
293
6(1)
292
b (5)
293
6 (3)
293
6 (7)
293
o (b)
6 (8)
293
9QQ
6 (2)
292
7 (6)
295
23 (1)
308
14 (1)
305
7(3)
294
1*? (&}
16 (fk)
ovt
13 (1)
304
6 (3)
203
3 (9)
291
3 (2)
290
3 (3)
290
20
307
20 (1)
307
6(9)
293
18 (1)
306
18 (2)
306
17 (1)
306
20 (2)
307
6(4)
293
6 (2)
292
29 (3)
311
27 (5)
310
16 (6)
306
19 (1)
307
19 (2)
307
10 (6)
300
25 (2)
309
3 (6)
291
5 (5)
292
13 (4)
304
13 (1)
304
13 (2)
304
10 (1) (d)
297
14 (2)
305
27 (2)
310
27 (7)
310
11 (1)
3 (7)
291
8 (5)
295
io (i) (a)
297
11 (6)
302
11 (7)
303
10 (7)
300
28
310
15 (2)
305
319
GENERAL INDEX — Continued
Subject Rule Page
Notice Period:
cancellation of suspended matter 28 (3) 310
circus and show outfit tariffs 18(1) 306
commencement of 7(2) 294
excursion tariffs 17(1) 306
new lines tariffs 20 (1) 307
restoring suspended matter 28(2) 310
revocation of concurrence 11(6) 302
revocation of power of attorney 10(7) 300
special tariffs 7 (1) 294
standard tariff 14(3) 305
supplement discontinuing or restoring service 22 (3) 307
tariff revision when concurrence revoked 11(7) 303
tariff revision when power of attorney revoked 10 (8) 300
workmen's train service tariff 19(1) 307
Number:
of Board's Order on title page 3(8) 291
of Board's Order, tariff reference to 26 (1) 309
of copies of distance table filed 23 (1) 308
of copies of standard tariff submitted for approval 14 (1) 305
of copies of tariff filed 7 (4) 294
of copies of tariff index filed 24 (1) 308
of C.T.C. on title page 3(1) 290
of special permission on title page 3 (8) 291
of supplements effective 5 (2) 292
void when rejected 29(2) 311
Numbering:
additional loose-leaf pages 6 (5) 293
adoption notices 13 (1) 304
concurrences 11 (2) 302
excursion tariffs 17 (3) 306
filing advices 7 (5) 294
list of agency tariffs 24 (7) 308
loose-leaf pasces 6(3) 293
loose-leaf title page 6 (2) 292
new agent's tariffs 10 (1) (ft) 297
powers of attorney 10(4) 299
succeeding issues of adopted tariffs 13 (3) 304
succeeding supplements to adopted tariffs 13 (3) 304
supplements consecutively 5 (3) 292
supplements showing adoption 13 (2) 304
tariffs consecutively 2(4) 290
tariffs on title page 3(1) 290
tariff pages 2 (5) 290
with C.T.C. prefix 2 (4) 290
Official Distance Table 23 308
Omission:
of alphabetical index of stations 4 (3) 291
of fares in cancelling tariff 27(2) 310
of table of contents 4(1) 291
Operating Control, transfer of 13(1) 304
Order of Board:
approving standard tariff 14 (3) 305
number of on title page of tariff 3(8) 291
suspending tariff provisions 28(1) 310
tariff reference to 26 (1) 309
tariff reference to in initial publication only 26 (2) 309
vacating suspension 28(2) 310
Overhead Traffic, filing joint tariffs on 16(3) 306
Partial Cancellation of tariff 27 (7) 310
Passenger and Freight
by-law 9 (2) 295
distances • 23 (3) 308
tariff index 24 (8) 309
Period of Notice — see notice period
Plural Expressions include singular 1(1) 289
320
GENERAL INDEX— Continued
Subject
Posting
adoption notice
circus and show outfit tariffs unneccessary
concurrent with filing
excursion tariffs
new lines' tariffs
public notice of
special tariffs on statutory notice
supplement discontinuing or restoring service
tariffs, altered ..
tariffs, general
tariffs, at headquarters
tariffs at regional offices
tariffs at stations
workmen's train service tariff unnecessary
Power (s) of Attorney
adoption of requires replacing
appointing another carrier or parent as agent
appointing association or corporation as agent
appointing person as agent or alternate ~.
attested by company's secretary
authorizing parent to execute powers of attorney for subsidiary.
authorizing parent to handle concurrences for subsidiary
failure to implement revocation of
filing and acknowledgment of
numbering
parent to show when acting for subsidiary
reason for alternate agent exercising
refiling . . . .
revocation of
revocation requires tariff revision
sworn statement by alternate agent re
to parent by subsidiary
United States' carriers
Prefix, C.T.C
Printing
on both sides of loose-leaf pages
on both sides of revised pages
on one side of check-sheet
on one side of loose-leaf title page
must be distinct
Provisions of Circular, general
Public Notice of Posting, location of
Publishing Authority, on title page
Kates — see toll
Reason for exercise of authority by alternate agent
Reduction, notation re
Reference:
C.T.C. on index
marks
marks, explanation of and reference to in tariff
marks, list and location of
on standard tariff, of approval
to abbreviations
to cancellation of adopted concurrences and powers of attorney.
to cancellation on title page
to cancelled tariff in superseding tariffs
to change in fares, charges or wording
to change, general
to distance table
to initial carriers on title page
to judgment in initial publication only
to judgment, order or special permission on title page
to judgments
to order number and date
to order in initial publication only
to participating carriers on title page
to regulations
Rule
Page
8
295
13 (1)
304
18 (1)
306
8 (4)
295
17 (1)
306
20 (1)
307
8 (5)
295
15 (2)
305
22 (3)
307
2 (2)
290
8 (1)
295
8 (3)
295
8 (3 )
295
8 (2)
295
19 (1)
307
10
296
13 (5)
305
10 (3)
298
10 (2)
297
10 (1) (a)
296
10 vl) (a)
296
12 (3)
304
12 (3)
304
10 (8)
300
10 (6)
300
zyy
12 (4)
304
10 (1) (c)
297
10 (1) (/)
297
10 (7)
300
10 (8)
300
10 (1) (c)
297
12 (2)
303
10 (5)
299
2 (4)
290
6(3)
6(4)
6(7)
6 (2)
2 (1)
1
8 (5)
3 (2)
10 (1) (c)
25 (2)
24 (8)
25
4 (7)
25 (1)
14 (3)
4 (7)
13 (5)
3 (1)
27 (5)
25 (1)
25 (2)
23 (2)
3 (3)
26 (2)
3 (8)
26 (1)
26 (1)
26 (2)
3 (3)
1 (2)
293
293
293
292
290
289
295
290
297
309
309
292
309
305
292
305
290
310
309
309
308
290
309
291
309
309
309
290
321
GENERAL INDEX — Continued
Subject Rule Page
Reference: — Concluded
to reissue of supplemental matter 5 (5) 292
to rules published in another tariff 4 (4) 291
to rules and regulations tariff 21(1) 307
to routing 4(6) 291
to routing guide 16(5) 300
to superseding agency tariff in cancellation supplement 27 (4) 310
to superseding tariffs in cancellation supplement 27(5) 310
to tariff includes supplements and amendments 1 (3) 289
to transfer of tariff matter 27 (6) 310
to transfer re loose-leaf matter 6 (6) 293
Regulations — see rules
Reinstatement of tariff or portion thereof 27 (3) 310
Reissue:
of powers of attorney on disability of agent or alternate 10 (1) (/) 297
of supplemental matter 5(5) 292
Reissued:
check sheet to accompany loose-leaf revisions. ■. 6 (7) 293
matter in supplements, notation re effective date 5 (5) 292
Rejected:
numbers void 29 (2) 311
tariff, substitution of and reference to 29(3) 311
Rejection 29 311
by Board 29(1) 311
by Interstate Commerce Commission 29 (4) 311
Republication or cancelled tariff 27 (3) 310
Resignation or Absence of Principal Agent 10 (1) (6) 297
Resolution — see by-law
Restoration:
of cancelled tariffs 27(3) 310
of provisions formerly cancelled by suspended tariff 28 (1) 310
of service 22 307
of service, date definite 22 (2) 307
of service, date indefinite 22 (3) 307
of service, extra supplement permitted 22 (4) 308
of service, provision for 22 (1) 307
of service, supplement announcing 22 (3) 307
of suspended matter 28(2) 310
Restored Provisions of tariff terminated 28(2) 310
Revised Page (s) 6 (4) 293
number void when rejected 29(2) 311
Revision:
of loose-leaf tariff requires new check sheet 6 (7) 293
of tariff when concurrence revoked I 11(7) 303
of tariff when power of attorney revoked 10 (8) 300
Revocation of:
concurrence 11 (6) 302
concurrence, requires tariff revision 11(7) 303
concurrence, tariffs remaining effective after 11(8) 303
power of attorney 10 (7) 300
power of attorney requires tariff revision 10 (8) 300
Routing:
clearly shown in joint tariffs 16 (4) 306
guide 16 (5) 306
guide, notation of restrictions on title page 16 (6) 306
in joint tariff or routing guide 16 (5) 306
or reference to in tariff 4 (6) 291
Rules of tariff 21 307
definite dates of service . : : 22 (2) 307
designated on title page : 3 (4) 290
governing or reference to 4 (4) 291
indefinite dates of service 22 (3) 307
separate tariff of or reference to 21 (1) 307
322
GENERAL INDEX — Continued
Subject Rule Page
Rules of tariff circular:
application of 1 (1) 289
departure from, application for 30(2) 31]
departure from, authority for 30(1) 311
effective date 1 (1) 289
governing supplements 5(1) 292
Service, discontinuance and restoration 22 307
dates definite 22 (2) 307
dates indefinite 22 (3) 307
Show Outfit Tariffs 18 306
Singular Expressions include plural 1 (1) 289
Size of:
concurrence 11 (2) 302
filing advice 7 (5) 294
power of attorney 10 (1) (a) 296
revocation of power of attorney 10 (7) 300
tariff 2 (1) 290
Special Permission:
application to be submitted for 30 (2) 311
number shown on title page 3(8) 291
to depart from terms of tariff circular 30 (1) 311
Special Tariffs 15 305
contents 15 (1) 305
definition 1 (4) (/) 289
designated on title page 3 (4) 290
statutory notice for 15(2) 305
Specific Concurrence:
filing 11 (4) 302
form and limitation of 11 (1) (c) 302
when general or limited revoked 11(8) 303
Standard Tariff 14 305
approval of 14 (2) 305
approval of, submission for 14 (1) 305
contents 14 (1) 305
definition 1 (4) (g) 289
designated on title page 3 (4) 290
filing 14 (3) 305
filing unauthorized by power of attorney 10 (1) (a) 296
notice period 14 (3) 305
publication in Canada Gazette 14 (2) 305
subsidiary company's not included in parent's tariffs 12 (1) 303
Statement, sworn, of alternate agent 10 (1) (c) 297
Stations, alphabetical index of 4 (3) 291
Statutory Notice, special tariffs 15 (2) 305
Submission of Standard Tariff for approval 14 (1) 305
Substitution of rejected tariffs 29 (3) 311
Subsidiary Line 12 303
appointing another carrier as agent 10(3) 298
appointing parent as agent 10 (3) 298
authority to parent re concurrences and powers of attorney 12 (3) 304
no concurrence re joint rates between self and parent 12 (5) 304
power of attorney to parent 12 (2) 303
standard tariff not included in parent's tariffs 12 (1) 303
tariffs included in parent's tariff index 24 (6) 308
tariff matter in parent's tariffs 12 (1) 303
323
GENERAL INDEX — Continued
Subject Rule Page
Supplement(s) 5 292
announcing adoption 13 (2) 304
announcing discontinuance and restoration of service 22 (3) 307
arrangement of matter 5 (4) 292
cancelled by another 5 (3) 292
cancelled, to loose leaf tariff 6(9) 293
cancelled with cancellation of tariff 27 (1) 309
cancelling superseded tariff 27 (4) 310
consolidating reissued matter 5(5) 292
eliminating adopted carrier from tariffs 13 (4) 304
excluded in tariff index contents 24 (5) 308
extra re discontinuance and restoration of service 22 (4) 308
extra re suspension of tariff matter 28 (5) 311
identifying tariff amendments 5(4) 292
included in reference to word "tariff" 1 (3) 289
may cancel tariff but not another tariff 27 (1) 309
number effective 5 (2) 292
number void when rejected 29 (2) 311
numbering 5 (3) 292
partially cancelling tariff 27 (7) 310
purpose of and regulations governing 5 (1) 292
suspending, vacating or cancelling suspension 28 310
to adopted tariffs, numbering 13 (3) 304
to list of agency tariffs 24 (7) 308
to loose-leaf tariff, purpose of 6 (8) 293
to specify those cancelled and effective 5 (3) 292
to tariff index 24 (4) 308
transferring from one tariff to another 27 (6) 310
Suspended Provisions
cancellation of 28 (3) 310
restoration of 28 (2) 310
Suspension
by Interstate Commerce Commission 28 (4) 310
of tariffs 28 310
of tariff provisions by Board's Order 28(1) 310
of tariff requires restoration of former provisions 28 (1) 310
supplement effecting 28(5) 311
vacation of 28 (2) 310
Sworn Statement of alternate agent 10 (1) (c) 297
Symbols — see reference marks
Tariff(s)
acknowledgment of 7 (5) 294
amendment by new alternate agent 10 (1) (d) 297
authorized by by-law 9 295
cancelling, omission of fares in 27 (2) 310
conflicting, amendments to 27 (7) 310
consolidation of 2 (3) 290
contents 4 (1) 291
definition 1 (4) (h) 289
effective after concurrence revoked 11 (8) 303
governed by Official Distance Table 23 (2) 308
includes amendments 1(3) 289
indistinct 2 (1) 290
issued pursuant to Order or Judgment 26 309
mailing 7 (6) 295
passenger and freight in same by-law 9 (2) 295
provision cancelled by suspended tariff, restored 28 (1) 310
provision for discontinuance and restoration of service 22 (1) 307
reinstatement of 27 (3) 310
rejection of 29 311
republication of 27 (3) 310
restored by vacation of suspension 28 (2) 310
subsidiary's in parent company's issue 12(1) 303
temporary excluded from tariff index contents 24 (5) 308
title page 3 290
324
GENERAL INDEX — Concluded
Subject Rule Page
Tariff Index 24 308
agency tariffs, list of 24 (7) 308
arrangement of contents 24 (3) 308
date of issue 24 (4) 308
duplicate filing by initial carrier 24 (1) 308
effective date omitted 24 (4) 308
freight and passenger combined. 24 (8) 309
issued biennially 24 (4) 308
number of copies 7 (4) 294
parent company's to include subsidiary's tariffs 24 (6) 308
section arrangement 24 (2) 308
supplements and temporary tariffs excluded from contents 24 (5) 308
supplements to issued quarterly 24 (4) 308
title page 24 (4) 308
Termination of restored tariff provisions 28 (2) 310
Territory on title page 3(5) 290
Through Fare, definition 1 (4) (i) 289
Title Page
of circus and show outfit tariff 18 (1) 306
of excursion tariff, notation re notice period on 17 (1) 306
of loose-leaf tariff , . , 6 (2) 292
of routing guide, notation of restriction on 16 (6) 306
of tariff, contents 3 290
of tariff index, date of issuance 24 (4) 308
of tariff, reference to general change on 25 (2) 309
of tariff substituting rejected tariff, notation on 29 (3) 311
of workmen's train service tariff 19(1) 307
Toll(s)
consolidation of like kind 2(3) 290
definition of 1 (4) (j) 289
explicitly stated 4 (5) 291
maximum 14 (1) 305
omitted in cancelling tariff 27(2) 310
reference to change in 25 (1) 309
reference to general change in 25 (2) 309
Transfer of
loose-leaf matter 6 (6) 293
operating control 13 (1) 304
tariff matter 27 (6) 310
Transmittal — see filing advice
Uniform Reference Marks 25 (1) 309
Vacation of
suspension .• 28 (2) 310
suspension by Interstate Commerce Commission 28 (4) 310
Workmen's Train Service Tariff 19 307
GENERAL ORDER NO. 843
Wednesday, the 1st day of
April, A.D. 1959
A. Sylvestre, Q.C.,
Deputy Chief Commissioner.
Rod Kerr, Q.C.,
Chief Commissioner.
IN THE MATTER OF regulations
governing the construction, filing and
posting of telegraph and telephone
tariffs by telegraph and telephone
companies:
File No. 10041.155
L. J. Knowles,
Commissioner.
IT IS HEREBY ORDERED AS FOLLOWS:
1. The regulations attached hereto as Tariff Circular 3, entitled " Regula-
tions Governing the Construction, Filing and Posting of Telegraph and Telephone
Tariffs by Telegraph and Telephone Companies", are prescribed for the use of
telegraph and telephone companies who are required to file tariffs with the
Board.
2. General Order No. 658 and General Order No. 661 are rescinded.
3. This General Order shall come into force on the date shown in the said
Tariff Circular 3.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
325
TARIFF CIRCULAR 3
TABLE OF CONTENTS
Rule Pages
Basic Rate Areas (Telephone Companies only) 6 331
Cancellation of Tariffs 12 335
Complementary Tariffs 9 332-333
Concurrences in Joint Tariffs (Telegraph Companies) 17 338-340
Contents of Tariffs 4 329-330
Contracts or Connecting Agreements 16 337-338
Departures from Regulations 18 340
Filing of Tariffs 13 335-337
Filing of Tariffs for Joint Routes (Telephone companies only). . 14 337
Form and Style of Tariffs 2 328
General Provisions 1 327-328
Loose-Leaf Tariffs 10 333-334
Public Inspection of Tariffs 19 340
Reference Marks... 5 330-331
Reference to Judgments or Orders 7 331-332
Rejection of Tariffs 15 337
Supplements 8 332
Tariff Index 11 334-335
Title Page of Tariffs 3 328-329
326
Rules 1 to 1 (4) (i)
RULE 1— GENERAL PROVISIONS
(1) Application of regulations: The following regulations are prescribed
under the authority of Section 380 and all other relevant sections of the Railway
Act. On and after July 1, 1959, all tariffs filed with the Board shall conform to
these regulations. Unless the context requires otherwise, words used in these
regulations in the singular include the plural and vice-versa.
(2) Circumstances not covered by these regulations: Where a precise
rule in these regulations cannot be found to fit a particular set of circumstances,
the Board may prescribe further regulations to fit such circumstances and an
application should be directed to the Board for determination and ruling.
(3) Reference to these regulations: The arrangement of these regula-
tions is by rule number, paragraph and sub-paragraph. When referring thereto,
the references to be quoted are, for example: "Rule 2 (1)" or "Rule 3 (1) (<?)".
(4) Definitions: Unless the context clearly indicates the contrary, the
following terms used in these regulations mean:
(a) 1 'Base Rate Area'* — That section of the telephone exchange area
within which the basic rates for primary exchange or local service apply
without the addition of extra-exchange mileage charges.
(6) "Exchange Area" — That territory served by a telephone exchange
within which the company holds itself out to furnish primary exchange
or local service from that exchange without the application of long-
distance tolls.
(c) "First Reference List" — A tariff containing exceptions to those
long-distance telephone tolls which are determined on the basis of
the Interexchange Mileage and Rate Guide and the Toll Rate and Route
Guide.
(d) "Interexchange Mileage and Rate Guide" — A tariff containing
mileage charts to be used in conjunction with a Toll Rate and Route
Guide to determine the rate distances governing the application of
long-distance telephone tolls.
(e) "Local Exchange Telephone Service" — Telephone service furnished
within an exchange area.
(/) "Locality Rate Area" — That section of a telephone exchange area
which lies outside the base rate area, but within which a uniform
commuted extra-exchange mileage charge applies in addition to the
basic rate for individual, two-party and trunk line services.
(g) "Message Toll Service" — Long-distance telephone service between
local exchange service areas or other toll points.
(h) "Page1 '—Includes sheet.
(i) "Tariff" — Any publication containing rates, charges, rules or regula-
tions which constitute telegraph or telephone tolls, or any comple-
mentary publications affecting in any way whatsoever the tolls to be
charged by a telegraph or telephone company. Unless the contrary is
clearly indicated by the context, the term "tariff" includes revisions
and amendments thereto, such as supplements and revised pages.
327
Rules 1 (4) (j) to 3 (1) (b)
328
(j) "Telephone Company" — Unless otherwise specified in these regula-
tions, means a telephone company within the legislative authority of
the Parliament of Canada and also subject to the jurisdiction of the
Board.
(k) "Toll" — A telegraph or telephone toll, as defined in the Railway Act.
(I) "Toll Rate and Route Guide" — A tariff containing a list of telephone
central offices and rate centres, showing their block and section designa-
tions, to be used in conjunction with an Interexchange Mileage and
Rate Guide to determine the rate distances governing the application
of long-distance telephone tolls.
RULE 2— FORM AND STYLE OF TARIFFS
(1) Form and Size: Tariffs shall be in book, pamphlet, single-sheet, or
loose-leaf form, of uniform size, eight and one-half inches wide by eleven inches
long, except interexchange mileage and rate guides or block charts which may be
of smaller size.
(2) Paper and Print: All tariffs must be prepared in legible form on
paper of good and lasting quality by some duplicating process, such as printing
from type, lithograph, white or blue print, photostat, mimeograph or similar
process which ensures accuracy in all copies. Carbon copies, indistinct matter
or typewritten pages will not be accepted for filing.
(3) Alterations or erasures: Alterations in the original text, or erasures,
are not permitted in tariffs filed with the Board or in those made available for
public inspection.
(4) Consolidation of tariff matter: Companies should avoid issuing a
variety of separate tariffs when the subject matter thereof could be conveniently
grouped into tariffs of general application.
(5) Numbering of tariffs : Each issuing company shall number its tariffs
consecutively beginning with No. 1, and each number shall be prefixed by the
initials 'CTC (TG)' for telegraph tariffs and 'CTC (TP)' for telephone tariffs.
(6) Numbering of pages: The pages of all tariffs, except looseleaf tariffs,
shall be numbered with Arabic numerals, commencing with 2 for the first inside
page on which printed matter appears.
RULE 3— TITLE PAGE OF TARIFFS
(1) The title page of every tariff shall show in the order and manner desig-
nated below:
(a) CTC number and cancellation reference: The CTC number of
the tariff in bold type in a prominent position in the upper right corner
and immediately thereunder, in smaller type, the CTC numbers of
tariffs cancelled thereby. If it is impracticable to show the cancelled
numbers in such manner, they may be shown within the tariff and specific
reference thereto placed on the title page.
[b) Name of issuing company: The name of the company issuing the
tariff.
329
Rules 3 (1) (c) to 4 (4)
(c) Reason for issue: The reason for issue in the centre of the upper
right margin of the title page, thus: "Increase", "Reduction", "New
Rates", "No Change in Rates", etc.
(d) The kind of tariff: The character of the tariff in such a manner as
to disclose concisely the nature and scope of the services covered thereby.
(e) Reference to complementary or other governing tariffs: Refer-
ence by name and CTC number to any complementary or governing
tariffs. A short, general reference to such tariffs may be substituted,
provided that individual items within the tariff make specific references
by name and CTC number to any such complementary or governing
tariffs (see Rule 9).
(f) Issued and Effective Dates: The date of issue in the lower left
corner and the date effective in the lower right corner. Where more
than one effective date is involved, a notation shall appear immediately
below the effective date in one of the following forms: "Except as
indicated" or "Except as otherwise provided herein".
(g) Judgments or Orders: Reference in the lower margin to Judgments
or Orders of the Board, pursuant to which the tariff is issued (see
Rule 7).
(h) Issuing Officer: The name, title and address of the Officer of the
Company responsible for the compilation and filing of the tariff.
RULE 4— CONTENTS OF TARIFFS
(1) Index of contents: Tariffs shall contain a full and complete state-
ment, in alphabetical order, of the exact location where information, under general
subject headings, will be found and shall specify the page, rule and item numbers
applicable. If a tariff contains so small a volume of matter that its title page or
its interior arrangements plainly discloses its contents, the index of contents may
be omitted.
(2) General regulations: The general regulations of the company,
setting out the terms and conditions, upon and under which the company shall
furnish to the public the service and equipment described in its effective tariffs
on file with the Board, shall be reproduced in one of its effective tariffs. All
other effective tariffs shall contain a reference by CTC number to the tariff in
which such general regulations are reproduced.
(3) Rules governing the tariff: Rules or other governing provisions,
with the title or subject of each in distinctive type, shall be stated in explicit
terms, so as to leave no doubt concerning their application to the rates and charges
named in the tariff. Where a tariff is governed by rules published in another
tariff, reference to such other tariff bv CTC number shall be shown therein (see
Rule 9).
(4) Definitions: Terms and expressions used in the tariff may be defined
in a separate alphabetical list which shall govern all items in the tariff, unless a
particular item provides otherwise. If the definitions in such alphabetical list
are intended to govern the meaning of the terms in other tariffs, such other tariffs
shall make reference thereto by CTC number (see Rule 9).
Rules 4 (5) to 5 (1) (b)
330
(5) Reference marks and abbreviations: Tariffs shall contain an
explanation of the reference marks and abbreviations used therein, except that
commonly used abbreviations of Province and State names may be omitted.
Reference to where the explanation of reference marks or abbreviations is given
shall be shown on all pages of the tariff where such reference marks or abbrevia-
tions are used, or the explanation may be shown on the page on which they are
used.
(6) Rates or charges: Tariffs shall contain an explicit statement of the
rates or charges in cents, or in dollars and cents, per specified service or unit.
If the rate or charge is of a non-recurring nature, it shall be so stated and the
service covered thereby shall be clearly specified.
RULE 5— REFERENCE MARKS
(1) Uniform reference marks: Changes in rates, charges or the wording
of tariffs shall be indicated by the use of the following reference marks, which
shall be used for no other purpose:
(a) Telegraph tarilfs:
c
To denote changed regulation.
D
To denote discontinued rate or regulation.
I
To denote increased rate.
N
To denote new matter.
R
To denote reduced rate.
S
To denote reissued matter.
T
To denote changed text, but no change in rate or
regulation.
sf
To denote that there is no additional charge on messages
delivered by telephone to addressees.
tsa
To denote "tariff same as".
t
To denote that prepaid telegrams only will be accepted
to point against which it is shown.
(DL)
To denote that Day Letter Service is available.
(L)
To denote that Day Letter and Night Letter services
are available.
(MO)
To denote that Money Order service is available.
(NL)
To denote that Night Letter Service is available.
• or (NC)
To denote no change in rates or charges.
As an alternative to the foregoing reference marks, a telegraph company may
adopt and use the uniform reference marks prescribed for telephone tariffs in
paragraph (1) (b) of this rule, but it shall not use both groups of reference marks.
(6) Telephone tarilfs:
♦ or (A) — to denote increases.
4 or (R) — to denote reductions.
▲ or (C) — to denote changes in wording which result in neither
increases nor reductions in rates and charges.
Rules 5 (1) (b) to 7 (1) (b)
331
□ or ( ) — to be used only in supplements to denote reissued
matter, with the supplement number from which
reissued inserted therein.
• or (NC) — to denote no change in rates or charges, except in
Toll Rate and Route Guides where it shall be used
to denote Company rate centres.
* or (N) — to denote new rates or charges.
(2) Positioning of reference marks: Reference marks shall be placed
in such position as will attach as directly as possible to the actual change in rate,
charge or text.
(3) General changes: When a change of the same character is made in
all, or substantially all, rates or charges in a tariff, a page thereof or supplement
thereto, the nature of such change may be indicated at the top of the title page,
or each affected page or supplement, by the following notation:
"Rates (or charges) in this tariff (or page) are increases (or reduc-
tions), except as indicated. "
A bold-face dot or (NC) shall be used to denote rates or charges in which no
changes are made.
RULE 6— BASIC RATE AREAS (Telephone Companies only)
(1) Basic rate areas to be denned: A base-rate, locality-rate, or other
rate area, within which uniform charges are applied for local exchange telephone
services, shall be clearly defined in tariffs by a map showing the boundaries of
such area. Where the boundaries are circles surrounding a central office or
exchange, maps need not be filed, but tariffs shall specify the radii from the
central office or exchange which define the base-rate, locality-rate, or other rate
area.
(2) Maps of basic rate areas: Except as provided in paragraph (1) of
this rule, basic rate area maps shall be filed in tariff form for each exchange,
showing the scale on which they are drawn and the locations of toll offices or rate
centres. Separate maps may be filed for base rate areas, locality rate areas, or
other rate areas.
(3) Extended -area service: Where one exchange has extended-area
service with other exchanges, the extent of such extended-area service shall be
specified in tariffs.
RULE 7— REFERENCE TO JUDGMENTS OR ORDERS
(1) References to appear in tariffs: Tariffs, revised pages or supple-
ments, issued pursuant to judgments or orders of the Board shall give reference
thereto, as follows:
(a) "Issued under Judgment of the Board of Transport Commissioners for
Canada dated
OR
(b) "Authority: Order , dated , of the Board
of Transport Commissioners for Canada."
Rules 7 (2) to 9 (2)
332
(2) Reference to appear in initial publication only: Such references
need be shown only in the initial publication of the new or changed matter and
may be eliminated when the tariff, revised pages or supplements are subsequently
amended.
RULE 8— SUPPLEMENTS
(1) Purpose: Supplements to tariffs shall be issued only for the purpose
of adding to, changing or cancelling all or part of the provisions of the tariff they
supplement.
(2) Governed by same rules as tariffs : In all respects, supplements are
to be governed by the same provisions as are applicable to the tariff they supple-
ment or amend.
(3) Numbering and cancellation of supplements: Supplements shall
be numbered consecutively on their title pages, commencing with "Supplement
No. 1", and where a supplement cancels a previous supplement, it shall be shown
as follows: "Supplement No. 2, cancels Supplement No. 1". Each supplement
shall specify the numbers of the supplements in effect and containing all changes,
in the following manner: "Supplements Nos. 3, 5 and 7 contain all changes."
Supplements shall bear the CTC number of the tariff they supplement, issued and
effective dates, and the name, title and address of the issuing officer.
(4) Supplements to identify amended matter: The matter contained
in each supplement shall be arranged in the same manner and order as in the tariff.
Supplements shall clearly identify by page, item or rule number the exact portions
of the tariff to be amended thereby.
(5) Reissued matter: Supplements which consolidate matter issued in
former supplements shall bear the following notation on their title pages: "Effec-
tive (date) except as otherwise provided herein," and shall designate the matter
brought forward from former supplements by a reference mark in the form of a
square enclosing a number, the number being that of the supplement in which the
matter first appeared. Such reference marks shall be explained in the following
manner: "|_4| Reissued, first effective (here show date) in Supplement No. 4."
(6) Number of effective supplements: Not more than three supple-
ments may be in effect at any one time.
RULE 9— COMPLEMENTARY TARIFFS
(1) Tariffs may be governed by complementary tariffs: Separate,
complementary tariffs, such as Base Rate Area Tariffs, Directories of Office
Listings, First Reference Lists, Interexchange Mileage and Rate Guides, Toll
Rate and Route Guides, Lists of Stations for Message Toll Service, and Rules
and Regulations, may be filed to govern rates, charges, rules or regulations con-
tained in other tariffs of tolls.
(2) Reference to be made in tariffs governed thereby: Such comple-
mentary tariffs shall be made part of the tariffs they govern by a specific reference
thereto in the particular tariff, or tariff items, they are intended to govern, in
substantially one of the following forms:
333
Rules 9 (2) to 10 (6)
"Governed, except as otherwise provided herein (or, in this item),
by rates, charges, rules or regulations published in ,
CTC "
or
"Governed, except as otherwise provided herein (or, in this item),
by the provisions of , CTC "
RULE 10— LOOSE-LEAF TARIFFS
(1) Construction same as bound tariffs: Except as provided in this
rule, the construction of loose-leaf tariffs shall be similar to that provided for
bound tariffs.
(2) Title Page: The title page shall be designated in the upper left corner
as "Original Title Page", and shall be printed on one side of the leaf only. When
a revised title page is issued, the following notation shall be shown in connection
with the effective date: "Original tariff effective (date)."
(3) Pages following the title page: Each page following the title page
shall be printed on one side only and shall show the CTC number of the tariff
in the top right corner and be consecutively numbered immediately thereunder
as "Original Page 1", "Original Page 2", and so on. Each page shall also show
in the top left corner the name of the issuing company. At the bottom of the
page, the date of issue, the effective date, and the name, title and address of the
officer responsible for the compilation and filing of the tariff, shall be shown in the
same manner as provided for the title page (see Rule 3).
(4) Check pages : A check page or pages shall be included in each loose-
leaf tariff, immediately following the title page, and shall contain a numerical
list of all the current pages of the tariff. Revised check pages, listing added or
revised pages, or supplements to the tariff, must accompany such pages or supple-
ments, when forwarded for filing and be posted in tariffs available for public
inspection. Individual exchange tariffs consisting of 10 pages or less and First
Reference Lists may omit check pages, provided a single check list of effective
pages to all such tariffs is filed with the Board for information and revised at
least every three months. Such check list need not be filed as a tariff bearing a
CTC (TP) number.
(5) Amendments by revised pages: Amendments shall be made by
reprinting the page which shall be designated as a revised page; for example:
"1st Revised Page 1,
Cancels Original Page 1."
or
"2nd Revised Page 1,
Cancels 1st Revised Page 1."
(6) Additional pages: Where it is necessary to insert additional pages
I within the series of pages comprising the tariff, such additional pages shall be
given the same numbers as the pages they follow and be designated: "Original
Page 1A", "Original Page IB", and so on. Pages added beyond the original
• series of pages shall be consecutively numbered in continuation of that series as
"Original Page and so on. Subsequent amendments to addi-
tional pages are to be made in the manner provided in paragraph (5) of this rule.
Rules 10 (7) to 11 (4)
334
(7) Transfer from one page to another: When tariff matter is trans-
ferred from one page to another, both pages shall contain cross-references to
indicate the page on which the tariff matter formerly appeared and the page to
which it has been transferred. Subsequent revisions of these pages shall not
carry forward such cross-references.
(8) No supplement except for specific purpose: Supplements shall
not be issued to loose-leaf tariffs, other than Toll Rate and Route Guides, except
for the purpose of cancelling the tariff or for the purpose of changing all, or
substantially all, of the rates and charges contained therein. Only one supple-
ment shall be in effect at any one time.
(9) Check page to list supplement: A revised check page must be
issued to include reference to the effective supplement and accompany such
supplement when forwarded for filing.
(10) Cancellation of supplements: When all changes made by a supple-
ment have been incorporated in the tariff proper by revision of the appropriate
pages, the supplement shall be cancelled. Such cancellation shall be made by
reissuing the check page and adding, in the upper right corner immediately under
the words " Cancels revised page 1", the words "also cancels Supple-
ment No " Supplements to Toll Rate and Route Guides, however,
may be cancelled by other supplements.
RULE 11— TARIFF INDEX
(1) Index of tariffs to be filed: Each company shall publish as a tariff,
and file in duplicate, a complete index of tariffs in effect. Where a company's
rates, charges, rules and regulations are contained in a single tariff, however, no
index of tariffs is required, provided that it does not concur in the tariffs of other
companies or use such tariffs to determine rates and charges for service over any
continuous route operated jointly with such other companies (see Rule 14).
(2) Arrangement by sections : The tariff index shall be divided into two
sections as follows :
(a) First: a complete numerical list of its own tariffs by CTC numbers;
(b) Second: a complete descriptive list of the tariffs of other companies
in which it concurs, or which it uses to determine rates and charges for
service over any continuous route operated jointly with such other
companies (see Rule 14).
(3) Arrangement of contents : The index shall show in respect of each
tariff listed therein:
(a) The CTC number, FCC number or other number, where applicable,
of each tariff, including both its own issues and those issued by other
companies;
(b) in respect of the tariffs of other companies, the names of such companies;
(c) a brief description of the title or character of each tariff, so as to disclose
the services to which it applies;
(d) the points or territory from and to which the tariff applies.
(4) Amendments to be issued quarterly: Necessary amendments to
the index shall be accomplished by revised pages or by supplement at least every
three months. Not more than five supplements shall be in effect at one time;
335
Rules 11 (4) to 13 (2)
(Rule 8 (6) shall not apply). Indexes issued in book, pamphlet or single-sheet
form shall be reissued at least every two years. The title page and all loose-leaf
pages shall bear the date of issue but no effective date.
RULE 12— CANCELLATION OF TARIFFS
(1) Cancellation by supplement or by another tariff: A tariff,
together with all its effective supplements, may be cancelled by a supplement
thereto or by another tariff. Cancellation of a tariff by a supplement to another
tariff is not permitted.
(2) Cancellation by two or more tariffs: When a tariff is superseded
by two or more tariffs, the cancellation shall be accomplished by a supplement to
the tariff to be cancelled. Such supplement shall show reference to the tariffs
in which the cancelled matter will thereafter be found. The new tariffs shall
show reference to the cancelled tariff by a notation, as follows: "Supersedes
Tariff, CTC , to the extent shown in Supplement
thereto."
(3) Transfer from one tariff to another: When tariff matter is trans-
ferred from one tariff to another, the transfer shall be accomplished by specific
cancellation by supplement or revised pages to the tariff in which it is in force.
Such supplement or revised pages shall contain reference by CTC number to the
tariff in which the matter will thereafter be found. The tariff containing the
matter so transferred shall show a corresponding reference to the tariff in which it
was formerly published. Such references need only be shown on the initial trans-
fer of tariff matter.
(4) Partial cancellation : When a tariff partially supersedes another tariff
in force at that time, it shall specifically state the portions of the other tariff
which are thereby superseded and the conflicting portions of the other tariff
shall be correspondingly amended.
(5) Cancellation notice: When a tariff is cancelled by another tariff
which does not set out all the rates, charges, rules and regulations shown in the
cancelled tariff, the tariff effecting the cancellation must show where the rates,
charges, rules and regulations not shown therein will thereafter be found, or what
rates, charges, rules and regulations will thereafter apply.
(6) Reinstatement only by publication: When a tariff or a portion
thereof has been cancelled, it cannot be reinstated other than by republication in
the manner provided by these regulations.
RULE 13— FILING OF TARIFFS
(1) Period of notice: Tariffs, revised pages or supplements thereto, shall
be filed with the Board on not less than thirty (30) days' notice for increases and
three (3) days' notice for reductions or other changes, including reductions in
amounts of increases before their effective dates (see paragraph 3 of this rule).
A change from a recurring rate or charge to a non-recurring rate or charge, or
vice-versa, however, is to be made on thirty (30) days' notice.
(2) Changes in tolls: Except by authorization of the Board no toll may
be increased until it has been in force for at least thirty (30) days and no toll may
be reduced until it has been in force for at least three (3) days.
Rules 13 (3) to (8)
336
(3) Reduction in amount of increase before effective date: If a
tariff has been filed to increase a toll on thirty (30) days' notice and if, prior to its
effective date, it is desired to reduce the amount of the increase, a tariff may be
filed on not less than three (3) days' notice to effect such reduction upon the same
date as proposed for the original increase.
(4) Commencement of period of notice: The act of mailing does not
constitute filing and the period of notice commences from the date of receipt of
the tariff by the Board.
(5) CTG numbers to be consecutive : Tariffs shall be filed in consecutive
order. If, for any reason, this is not done, the tariff which is filed with a CTC
number that is not consecutive, shall be accompanied by an explanation of the
omission in filing.
(6) Filing Advice: Tariffs shall be accompanied by a filing advice in
duplicate, approximately 8 or 8i inches wide by 10 inches long, consecutively
numbered from 1 upwards and in substantially the following form:
(Name of Company)
Address
Filing Advice No Date
Director,
Traffic Department,
Board of Transport Commissioners for Canada,
Ottawa, Ontario.
In compliance with the requirements of the'Railway Act, I transmit
herewith for filing with the Board, copies of telegraph/telephone tariffs
as follows:
Tariff
CTC Number
Date
Taking Effect
Description
Title
The original filing advice will be retained; the duplicate will be stamped with
the date of receipt and returned to the sender.
(7) Letter of explanation of changes : Tariffs shall also be accompanied
by a letter explaining fully the reasons for any changes therein in rates, charges,
rules or regulations.
(8) Number of copies to be filed : One copy of each tariff, revised page
or supplement, and two copies of each tariff index, shall be filed with the Board.
Where ten loose-leaf pages or single-sheet tariffs are submitted on a single filing
advice, however, they shall be submitted in duplicate, except tariff index pages
which shall be submitted in triplicate.
337
Rules 13 (9) to 16 (1)
(9) Mailing of tariffs: Tariffs, filing advices and accompanying letters
of explanation shall be addressed to the Director, Traffic Department, Board of
Transport Commissioners for Canada, Ottawa, Ontario, with the envelope being
marked as containing "Tariffs". If the envelope is also plainly marked
"O.H.M.S.", no postage is required.
RULE 14— FILING OF TARIFFS FOR JOINT ROUTES
(Telephone companies only)
(1) Tariffs applicable to continuous route to be filed: Where a tele-
phone company establishes by tariff, rates for service over a continuous route
operated jointly with other telephone companies not subject to the Board's
jurisdiction, and it is necessary to use tariffs of the other company to determine
the rate or charges for the service provided over such continuous route, the com-
pany subject to the Board's jurisdiction may, in lieu of publication by itself, file
with the Board one copy of each of such other company's tariffs, supplements or
revised pages as issued from time to time.
(2) CTC number and Filing Advice not required: Tariffs described
in paragraph (1) of this rule are not required to be designated by a CTC number,
nor shall any filing advice be necessary, but such tariffs shall be listed in the tariff
index of each company.
(3) One telephone company may file on behalf of other companies:
In order to avoid duplicate filing of tariffs described in paragraph (1) of this rule,
telephone companies subject to the jurisdiction of the Board may arrange for one
company to file such tariffs on behalf of all of them and notify the Director,
Traffic Department of the Board, by letter of such arrangement.
RULE 15— REJECTION OF TARIFFS
(1) Board may reject tariffs : Tariffs which fail to meet the requirements
of these regulations may be rejected and returned to the sender.
(2) Rejected tariffs are void: The CTC tariff number, the revised page
number or the supplement number of a rejected tariff, shall not be used again.
(3) Substitution of rejected tariffs: Tariffs, revised pages or supple-
ments thereto, issued in lieu of those rejected by the Board, shall show the follow-
ing reference thereon :
"Issued in lieu of (here, insert reference to the rejected tariff, revised
page or supplement) rejected by the Board of Transport Commis-
sioners for Canada."
RULE 16— CONTRACTS OR CONNECTING AGREEMENTS
(1) Contracts, agreements and arrangements subject to approval:
Contracts, agreements and arrangements for the regulation and interchange of
telegraph or telephone messages, or service, or for the division or apportionment
of tolls, or generally in relation to, the management, working or operation of
telegraph or telephone systems or lines, or any part of them, are subject to the
approval of the Board under Section 380 of the Railway Act and shall, so far as
may be convenient, conform in dimensions with the requirements of these regula-
tions with respect to tariffs.
Rules 16 (2) to 17 (3)
338
(2) Contracts between telephone companies constitute concurrence
in tariffs: Where the contracts, agreements and arrangements described in
paragraph (1) of this rule are made between telephone companies and provide
that the tariffs of one of the parties thereto shall apply to all communications
interchanged between their respective systems, a certified copy of such contract,
agreement or arrangement shall be filed with the Board and shall constitute
sufficient notification to the Board of the concurrence of the parties in such tariffs.
Where contracts, agreements and arrangements do not provide that the tariffs
of one of the parties thereto are applicable to all communications interchanged
between their respective systems, and a joint tariff applicable to such com-
munications is filed with the Board, the provisions of Rule 17 shall be applied to
telephone companies.
RULE 17— CONCURRENCES IN JOINT TARIFFS
(Telegraph Companies)
(1) Concurrences to be filed by participating telegraph companies:
Intermediate and terminating telegraph companies in Canada, participating in
joint tariffs applying between points in Canada shall notify the Board of their
assent to, and concurrence in, such joint tariffs by filing concurrences with the
Board in the form prescribed in paragraph (2) or paragraph (3) of this Rule.
(2) Form of specific concurrence:
(Corporate Name of Concurring Telegraph Company)
Address
Date
CTC CC T
Board of Transport Commissioners for Canada,
Ottawra, Ontario.
This is to certify that the Telegraph Company
assents to, and concurs in, the publication and filing of {name of telegraph com-
pany issuing the tariff and title of tariff), CTC , in which this
company is named as a concurring telegraph company, insofar as such tariff
contains rates, charges or regulations applicable to or via (not from) this com-
pany's points, and hereby makes itself a party thereto and bound thereby.
This certificate expires with the cancellation or expiration of the tariff to
which it applies.
Signature
Title II
Copy mailed to:
(3) Form of general concurrence: The following form is unlimited in
its concurrence and applies to all telegraph tariffs applying to or via points of the
company giving the concurrence.
(Corporate Name of Concurring Telegraph Company)
Address
Date
CTC GC T
Board of Transport Commissioners for Canada,
Ottawa, Ont.
339
Rules 17 (3) to 17 (7)
This is to certify that . . . (name of concurring telegraph company) . . . assents
to, and concurs in, all joint tariffs and amendments thereto that may hereafter
be published and filed by . . . (name of telegraph company issuing tariffs) ... in
which this company is named as a participant, insofar as such tariffs contain
rates, charges or regulations applicable to or via (not from) this company's
points, and hereby makes itself a party thereto and bound thereby.
Name
Duplicate mailed to:
(4) Preparation and numbering of concurrences: Concurrences shall
be prepared on paper approximately eight (8) inches by ten (10) inches in size
and shall be consecutively numbered by the telegraph company issuing them.
(5) Filing of concurrences: Specific and general concurrences shall be
forwarded to the Director, Traffic Department of the Board, with a copy thereof
being sent concurrently to the telegraph company in whose favour it is executed,
or specific concurrences may be sent in duplicate to the telegraph company
issuing the tariff, wTho in turn will file it with the Board concurrently with the
filing of the tariff concurred in. If an acknowledgment is required from the Board,
an additional copy shall be supplied for that purpose which will be stamped with
date of receipt and returned to the issuing company.
(6) Concurrences not required in international tariffs: Concurrences
are not required in international tariffs; tariffs applying from a foreign country
through Canada to a foreign country; or from foreign telegraph companies partici-
pating in tariffs applying from Canada through a foreign country into Canada.
(7) Revocation of concurrences: Concurrences may be cancelled by
notice of revocation. Such notice of revocation shall be forwarded to reach the
Board at least 60 days before coming into force, and a copy thereof concurrently
served upon the telegraph company concerned. Notice of revocation shall be
in the following form:
(Corporate Name of Telegraph Company)
Address
Date
Revocation of: / CTC GC T . . .
jCTC CC T...
Board of Transport Commissioners for Canada,
Ottawa, Ontario.
Effective , concurrence noted above issued by
(name of telegraph company issuing concurrence) in favour of
(name of telegraph company publishing the tariff or tariffs)
is hereby cancelled and revoked.
Reasons:
Duplicate mailed to:
Name
Title.
Rules 17 (8) to 19
340
(8) Revision of tariffs when authority revoked: When a concurrence
is revoked, corresponding revision of the tariff or tariffs must be made not later
than the effective date stated in the notice of revocation. If the tariff or tariffs
are not so amended, the rates or other provisions therein remain effective and
must be protected by the telegraph company or companies responsible for their
continued publication.
(9) Specific concurrence required if tariff to remain in effect after
revocation : If it is desired to continue in effect any tariff issued under a general
concurrence to be revoked, a specific concurrence therefor shall be filed with the
Board by the concurring telegraph company prior to the effective date of the
revocation.
RULE 18— DEPARTURES FROM REGULATIONS
(1) Explanation to be submitted at time of filing: Tariffs submitted
for approval and filing which are contrary to the requirements of these regulations
are subject to rejection (see Rule 15), but if circumstances and conditions are
deemed by the company to exist and to justify departure from these regulations,
a complete explanation must be furnished at the time the tariff is submitted.
RULE 19— PUBLIC INSPECTION OF TARIFFS
(1) Tariffs to be kept open for public inspection: Every company
shall deposit and keep on file at each of its offices or stations a copy of each of its
tariffs for service available thereat. Such tariffs are to be kept open and available
for the inspection of the public during business hours. At each office or station
where tariffs are kept on file the person in charge shall, upon application, produce
any particular tariffs on file thereat, for inspection.
(2) Form of public notice: Every company shall print a notice in bold
type, informing the public that the company's tariffs of tolls in use at each of its
offices or stations are open to public inspection and may be seen upon application
to the operator, or other person in charge. Such notice shall be prominently
posted at each of the company's offices or stations, except that a telephone com-
pany may, in lieu of posting such notice, print a notice in bold type in each of its
Official Telephone Directories, as follows:
" TELEPHONE COMPANY
PUBLIC NOTICE
The Company's tariffs are open to public inspection and may
be seen at any of its business offices during business hours."
TARIFF CIRCULAR 3
GENERAL INDEX
Subject Rule Page
Abbreviations 4 (5) 330
Acknowledgment
of concurrences 17 (5) 339
of tariffs 13 (6) 336
Additional
pages to loose leaf tariffs 10 (6) 333
Address
for filing tariffs 13 (9) 337
for filing concurrences 17 (5) 339
on loose-leaf pages 10 (3) 333
on title page, issuing officer 3 (1) (h) 329
Advance, notation re 5 (3) 331
Advice — see filing advice
Agreements
interchange of service or messages 16 337
Alphabetical
index of contents , 4 (1) 329
Alterations 2 (3) 328
Amendment(s)
by revised page 10 (5) 333
by supplement 8 (1) 332
identified in supplements 8 (4) 332
included in reference to word "tariff" 1 (4) (z) 327
loose leaf 10 (5) 333
to conflicting tariffs 12 (4) 335
Application
of general concurrence 17(3) 338
of specific concurrence 17(2) 338
of regulations 1 (1) 327
Approval
of contracts or connecting agreements 16 (1) 337
of tariffs 18(1) 340
Arrangement of
supplemental matter 8 (4) 332
tariff index, by contents 11 (3) 334
tariff index, by sections 11 (2) 334
Authority for
departure from regulations 18(1) 340
Base Rate Area
definition of 1 (4) (a) 327
map of 6(1); 6 (2) 331
Basic Rate Areas
extended-area service 6(3) 331
maps of 6 (2) 331
radii defining 6 (1) 331
Boundaries
of basic rate areas to be defined 6 (1) 331
Cancellation
by two or more tariffs 12(2) 335
of superseded tariff by supplement 12 (1) 335
of supplement by another 8 (3) 332
of supplement to loose leaf tariff 10 (10) 334
341
342
GENERAL INDEX— Continued
Subject Rule Page
Cancellation — Concluded
of tariff 12 335
of tariff by another 12(1) 335
of tariff by revised page 10 (5) 333
of tariff by supplement 12 (1) 335
of tariff by supplement to another 12 (1) 335
of tariff includes supplements 12 (1) 335
of tariff, partial 12 (4) 335
on title page 3 (1), (a) 328
supplement, reference to superseding tariff in 12 (2) 335
tariff in same series 12(1) 335
tariff, notation on 12 (2) 335
Cancelled
C.T.C. on title page 3 (1) (a) 328
supplements specified 8(3) 332
tariff, reinstatement of 12 (6) 335
tariff, supplements of 12 (1) 335
Change(s)
by supplement 8 (1) 332
general 5 (3) 331
in rates, charges or wording — reference to 5 (1) 330
Character of Tariff on Title Page 3 (1) (d) 329
Charges — see toll
Check List
exchange tariffs 10 (4) 333
first reference lists '. 10 (4) 333
Check Pages 10 (4) 333
cancelling supplement 10 (10) 334
omission of, in exchange tariffs and first reference lists 10 (4) 333
to list supplement 10 (9) 334
Circumstances
not covered by regulations 1 (2) 327
Company (Companies)
concurrence of intermediate and terminating telegraph 17 (1)
issuing name on loose leaf pages 10 (3) 333
name, on title page 3 (1) (6) 328
Complementary Tariffs 9 332
may govern other tariffs 9(1) 332
reference to, in tariffs governed thereby 9 (2) 332
Concurrence (s) 17 338
contracts or connecting agreements constitute 16 (2)
filing and acknowledgement of 17 (5)
general, form of 17 (3)
in joint tariffs 17(1)
not required in international and certain other tariffs 17 (6)
telephone companies to file 16 (2)
numbering, preparation and size of 17 (4) 339
revision of tariffs when revoked 17(8) 340
revocation of 17 (7)
specific, filed concurrent with tariff 17 (5) 339
specific, form and limitation of 17 (2)
specific, required when general revoked 17 (9) 340
Consolidation of
supplements 8 (5) • -
tariff matter 2 (4) 328
Construction of
tariffs 2 328
tariffs, loose-leaf 10 (1) 333
Contents of
check sheet 10(4) 333
supplements 8 332
tariff 4 329
tariff, on title page 3 (1) (d) 329
tariff index, arrangement of 11 (2); 11 (3)
tariff, index of 4(1) 329
343
GENERAL INDEX— Continued
Subject Rule Page
Continuous Routes
filing of tariffs for 14 337
Contracts or Connecting Agreements 16 337
constitute concurrence 16 (2) 338
subject to approval 16(1) 337
Copies of
filing advices, number required 13(6) 336
tariffs, number required 13(8) 336
C T C
prefix 2 (5) 328
number and cancellation reference 3 (1) (a) 328
number void when rejected 15 (2) 337
number, omitted on tariffs of other companies 14(2) 337
Date of
issuance, on loose leaf pages 10 (3) 333
issuance, on tariff index 11 (4) 334
issuance, on title page 3 (1) (J) 329
judgment, tariff reference to 7 (1) (a) 331
order, tariff reference to 7 (1) (6) 331
Date Effective — see effective date
Decisions of Board, compliance with 7 (1) (a) 331
Definitions
terms used in circular 1 (4) 327
terms used in tariffs 4 (4) 329
Departure from Regulations 18 340
explanation to be submitted 18(1) 340
tariffs subject to rejection 18 (1) 340
Description of Tariff, on title page 3 (1) (d) 329
Duplicate
filing advice 13 (6) 336
concurrences 17 (5) 339
loose leaf pages (ten or less) 13 (8) 336
single sheet tariffs (ten or less) 13 (8) 336
tariff index 11 (1) 334
Effective
supplements, number permitted 8(6) 332
supplements, numbers of effective to be specified thereon 8 (3) 332
supplements to tariff index 11 (4) 334
Effective Date
of loose leaf pages ; 10(3) 333
of loose leaf tariff 10 (2) 333
of regulations 1(1) 327
of revised title page 10 (2) 333
of tariff index omitted 11(4) 334
on title page 3 (1) (/) 329
Exchange Area
definition of 1 (4) (6) 327
Exchange Tariffs
check pages, omission of 10 (4) 333
Explanation
of abbreviations and reference marks 4 (5) 330
of changes in tariffs 13 (7) 336
of departures from regulations 18 (1) 340
Extended-Area Service to be specified in tariffs 6 (3) 331
Filing 13 335
address 13 (9) 337
carbon copies 2 (2) 328
check list of exchange tariffs and first reference lists 10 (4) 333
concurrences, by telephone companies 16 (2) 338
concurrence, general 17 (3) 338
344
GENERAL INDEX— Continued
Subject Rule Page
Filing— Concluded
concurrence of intermediate and terminating companies 17 (1) 338
concurrence, specific 17 (2) 338
concurrence, specific, concurrent with tariff 17 (5) 339
indistinct copies 2 (2) 328
letter of explanation of changes 13 (7) 336
letter of explanation re departures from regulations 18(1) 340
loose-leaf pages (ten or less) 13(8) 336
single sheet tariffs (ten or less) 13 (8) 336
tariff index in duplicate 11 (1) 334
tariff index in triplicate 11 (1) 334
tariffs, altered 2(3) 328
tariffs consecutively 13 (5) 336
tariffs consecutively, omission explained 13(5) 336
tariffs, erased 2 (3) 328
tariffs of companies not subject to Board's jurisdiction 14 337
tariffs, joint Canadian 17 (1) 338
tariffs, notice period 13(1) 335
tariffs, notice period, commencement of 13 (4) 336
tariffs, number of copies 13 (8) 336
tariffs with filing advice 13 (6) 336
Filing Advice (s)
accompany tariff 13 (6) 336
address on 13 (9) 337
consecutive numbering 13 (6) 336
First Reference List
check pages, omission of 10 (4) 333
definition of 1 (4) (c) 327
Form of
filing advice 13 (6) 336
concurrence, general 17 (3) 338
concurrence, specific 17 (2) 338
reference to complementary tariff 9 (2) 332
tariff 2 (1) 328
General
change 5 (3) 331
concurrence, form of 17 (?) 338
concurrence, filing 17(5) 339
provisions 1 327
regulations, reference to in tariffs 4 (2) 329
Increases, notation re 5 (1) 330
Index
of tariff contents 4(1) 329
of tariffs — see tariff index 11 334
Indistinct Tariffs 2 (2) 328
Inspection, keeping tariffs for 19 (1) 340
Interexchange Mileage and Rate Guide
definition of 1 (4) (d) 327
International Tariffs
concurrence not required 17 (6) 339
Issuance
date of, on loose-leaf pages 10 (3) 333
date of, on title page. . 3 (1) (/). 329
of supplements to tariff index, quarterly 11 (4) 334
of tariff index biennially 11 (4) 334
reason for, on title page 3 (1) (c) 329
Issuing
company or officer, name, title and address on title page 3 (1) (h)
company on title page 3 (1) (6) 328
Joint Tariff (s) 14; 17 337-338
Canadian... . 14 (1); 16 (2); 17 337-338
concurrence in 17(1) iN
concurrence, international, not required 17 (6)
international 17 (6) 339
345
GENERAL INDEX— Continued
Subject Rule Page
Joint Routes
filing of tariffs for 14 337
Judgment
tariff reference to 7 (1) (a) 331
tariff reference to in initial publication only 7 (2) 332
tariff reference to on title page 3 (1) (g) 329
Kind of Tariff 3 (1) (d) 329
Letter of Explanation
departures from regulations 18 (1) 340
to accompany tariffs for filing 13 (7) 336
Local Exchange Telephone Service
definition of 1 (4) (e) 327
Locality Rate Area
definition of 1 (4) (/) 327
map of 6(1); 6 (2) 331
Loose Leaf Tariff (s) 10 333
amendment by revised page 10 (5) 333
check pages 10 (4) 333
construction 10 (1) 333
pages, additional 10 (6) 333
pages following title page 10 (3) 333
pages listed on check sheet 10 (4) 333
pages, transfer of matter 10 (7) 334
supplements 10 (8) 334
supplements, cancellation of 10 (10) 334
title page 10 (2) 333
Mailing Instructions 13 (9) 337
Maps
of basic rate areas 6 (2) 331
Message Toll Service
definition of 1 (4) far) 327
Missing C.T.C. Numbers, explanation required 13 (5) 336
Name of
issuer on loose-leaf pages 10 (3) 333
issuing agent or officer on title page 3 (1) (h) 329
issuing company on title page 3 (1) (b) 328
Non- Recurring Rate or Charge
change to recurring 13 (1) 335
Notation
on check sheet cancelling supplement 10 (10) 334
on revised title page 10 (2) 333
on substitution of rejected tariff 15 (3) 337
on superseding tariffs 12 (2) 335
re general changes 5 (3) 331
re more than one effective date : 3 (1) (J) 329
re reissued matter in supplements 8 (5) 327
Notice
of cancellation 12(5) 335
of cancellation, partial 12 (4) 335
of concurrence 17(1) 338
of public inspection of tariffs 19(2) 340
of revocation of concurrences 17(7) 339
Notice Period
changes in tolls 13 (2) 335
commencement of 13 (4) 336
increases in tolls 13(1) 335
Number
of Board's Order on title page : 3 (1) (g) 329
of Board's Order, tariff reference to 7 (1) (b) 331
of copies of tariff filed 13(8) 336
of copies of tariff index filed 11 (1); 13 (8) 334-336
of C.T.C. on title page 3 (1) (a) 328
of supplements effective 8(6) 332
void when rejected 15 (2) 337
346
GENERAL INDEX— Continued
Subject Rule Page
Numbering
additional loose-leaf pages 10 (6) 333
concurrences 17 (4) 339
filing advices 13 (6) 336
loose-leaf pages 10 (3); 10 (6) o33
loose-leaf title page 10 (2) 333
supplements consecutively 8 (3) 332
tariffs consecutively 2 (5) 328
tariffs on title page 3 (1) (o) 328
tariff pages 2 (6) 328
with C.T.C. prefix 2 (5) 328
Omission
of check pages, in exchange and first reference lists 10 (4) 333
of index of contents 4 (1) 329
Order of Board
number of on title page of tariff 3 (1) (g) 329
tariff reference to 7 (1) (6) 331
tariff reference to in initial publication only 7 (2) 332
^definition of 1 (4) (h) 327
Partial Cancellation of Tariff 12 (4) 335
Period of Notice — see notice period
Plural Expressions Include Singular 1 (1) 327
Prefix, C.T.C 2 (5) 328
Printing
on one side of loose-leaf pages 10 (3) 333
must be distinct 2 (2) 328
Provisions of Circular, general 1 327
Public Inspection of Tariffs 19 340
Public Notice, re inspection of tariffs 19 (2) 340
Publishing Company on Title Page 3 (1) (6) 328
Rates — see toll
Rate Centres
shown on basic rate area maps 6 (2) 331
Recurring Rate or Charge
change to non-recurring 13 (1) 335
Reduction, notation re 5 (3) 331
f^EFERENCE
C.T.C. reference in index 11 (2) (a); 11 (3) (a) 334
marks 5 330
marks, explanation of and reference to in tariff 4 (5) 330
marks, list and location of 5 (1) 330
to abbreviations 4(5) 330
marks, positioning of 5 (2) 331
to cancellation on title page 3 (1) (a) 328
to cancelled tariff in superseding tariffs 12 (2) 335
to change in rates, charges or wording 5 (1) . 330
to change, general 5 (3) 331
to complementary or other governing tariffs 9 (2) 332
to definitions published in another tariff 4 (4) 329
to general regulations published in another tariff 4 (2) 329
to judgment in initial publication only 7 (2)
to judgments or orders on title page 3 (1) (g) 329
to judgments 7 (1) (a) 331
to order number and date 7 (1) (6) 331
to order in initial publication only 7 (2) 332
to regulations 1(3)
to reissue of supplemental matter 8 (5)
to rules published in another tariff 4 (3); 9 (2) 329-332
to regulations 4 (2) 329
347
GENERAL INDEX— Continued
Subject Rule Page
Reference — concluded
to superseding tariffs in cancellation supplement 12 (2) 335
to tariff includes supplements and amendments 1 (4) (t) 327
to transfer of tariff matter 10 (7); 12 (3) 334-335
to transfer re loose-leaf matter 10 (7) 334
Regulations — see rules
Reinstatement of Tariff or Portion Thereof 12 (6) 335
Reissue
of supplemental matter 8 (5) 332
Reissued
check sheet to accompany loose-leaf revisions 10 (4) 333
matter in supplements, notation re effective date 8 (5) 332
Rejected
numbers void 15(2) 337
tariff, substitution of and reference to 15 (3) 337
Rejection of Tariffs 15; 18 337-340
Republication of Cancelled Tariff 12 (6) 335
Restoration
of cancelled tariffs 12 (6)
335
Revised Page(s) 10 (5)
number void when rejected 15 (3) 333
337
Revision
of loose-leaf tariff requires new check sheet 10 (4)
of tariffs when concurrence revoked 17(8) 333
340
Revocation
of concurrences 17 (7)
revision of tariffs 17 (8) 339
specific concurrence required if tariff to remain in effect 17 (9) 340
340
Route
continuous, tariffs to be filed 14 (1)
337
Rules of Tariff 4 (3); 9 (1) 329-332
governing, or reference to 4 (3) 329
separate tariff of, or reference to 4 (2); 9 (1) 329-332
Rules of Tariff Circular
application of 1 (1) 327
departure from 18 340
effective date 1 (1) 327
governing supplements 8(2) 332
Sheet
included in "page" 1 (4) (A) 327
Singular Expressions Include Plural 1 (1) 327
Size of
concurrence 17 (4) 339
contracts or connecting agreements 16(1) 337
filing advice 13 (6) 336
tariff 2 (1) 328
Specific Concurrence
filing 17 (5) 339
form and limitation of 17 (2) 338
Substitution of Rejected Tariffs 15 (3) 337
Supplement(s) '. 8 332
arrangement of matter 8 (4) 332
cancelled by another 8 (3) 332
cancelled, to loose leaf tariff 10 (10) 334
cancelled with cancellation of tariff 12 (1) 335
cancelling superseded tariff 12 (2) 335
consolidating reissued matter 8 (5) 332
348
GENERAL INDEX— Continued
Subject Rule Rage
Supple ment (s) — concluded
identifying tariff amendments 8 (4) 332
included in reference to word "tariff" 1 (4) (j) 328
may cancel tariff but not another tariff 12(1) 335
number effective 8 (6) 332
number void when rejected 15(2) 337
numbering 8 (3) 332
partially cancelling tariff 12 (4) 335
purpose of and regulations governing 8 (1) 332
to loose-leaf tariff, purpose of 10 (8) 334
to specify those cancelled and effective 8 (3) 332
to tariff index 11 (4) 334
to toll rate and route guides 10 (8); 10 (10) 334
transferring from one tariff to another 12 (3) 335
Symbols — see reference marks
Tariff(s)
acknowledgement of 13 (6)
alterations or erasures 2 (3)
complementary 9
conflicting, amendments to 12 (4)
consolidation of 2 (4)
contents 4
definition of 1 (4) (t)
erasures 2 (3)
form and size 2 (1)
form and style 2
includes amendments 1 (4) (i)
individual exchange 10 (4)
issued pursuant to Order, Judgment or Special Permission 7
kind of, to be shown on title page 3 (1) (d)
mailing. 13 (9)
numbering of 2 (5)
numbering of pages 2 (6)
paper and print 2 (2)
public inspection of 19 (1)
reinstatement of 12 (6)
rejection of 15
republication of 12 (6)
revision of, when concurrence revoked 17 (8)
specific concurrence required if to remain in effect 17 (9)
title page 3
Tariff Index 11
arrangement of contents 11(3)
arrangement of sections 11 (2)
date of issue 11 (4)
duplicate filing of 11 (1)
effective date omitted 11 (4)
issued biennially 11 (4)
number of copies 13 (8)
quarterly revision 11 (4)
section arrangement 11 (2)
supplements to issued quarterly 11 (4)
title page 11 (4)
triplicate filing of 13 (8)
Telephone Company (companies)
definition of 1 (4) 0)
not subject to Roard's jurisdiction, tariffs, of 14 (1)
Title Page
of loose-leaf tariff 10 (2)
of tariff, contents 3
of tariff index, date of issuance , 11 (4)
of tariff, reference to complementary or other governing tariffs 3 (1) (e)
of tariff, reference to general change on 5 (3)
of tariff, reference to judgments or orders 3 (1) (g)
of tariff, issuing officer to be shown 3 (1) (h)
of tariff substituting rejected tariff, notation on 15 (3)
Toll(s)
changes in 13 (2)
consolidation of like kind 2 (4)
definition of 1 (4) (k)
explicitly stated 4 (6)
increases in 13 (1); 13 (2)
336
328
332
335
328
329
327
328
328
328
327
333
331
329
337
328
328
328
340
335
337
335
340
340
328
334
334
334
334
334
334
334
336
334
334
334
334
336
328
337
333
328
334
329
331
329
329
337
335
328
328
330
335
349
GENERAL INDEX— Concluded
Subject Rule Page
Toll (s) — concluded
non-recurring changed to recurring 13 (1) 335
omitted in cancelling tariff 12 (5) 335
recurring changed to non-recurring 13 (1) 335
reductions in 13 (1); 13 (2) 335
reduction in amount of increase 13 (3) 336
reference to change in 5 (1) 330
reference to general change in 5 (3) 331
Toll Offices
shown on basic rate area maps 6 (2) 331
Toll Rate and Route Guide
definition of 1 (4) (1) 328
supplements to 10 (8); 10 (10) 334
Transfer of
loose-leaf matter 10 (7) 334
tariff matter 12 (3) 335
Transmittal — see filing advice
Triplicate Filing
of tariff index, loose-leaf pages (ten or less) 10 (8) 334
Uniform Reference Marks 5 (1) 330
350
GENERAL ORDER No. 849
In the matter of testing and repairing of highway crossing protective devices:
File No. 15382.
Thursday, the 2nd day of July, A.D. 1959.
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
General Order No. 846, dated May 29, 1959, is amended by striking out
the words "such tests may be made once every two days" appearing in
paragraph one, sub-paragraph (a), and substituting therefor the words "not
more than two days may elapse on which no test is made".
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
SUMMARY OF ORDERS ISSUED BY THE BOARD
98623 July 24 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway between Cones. 3 & 4, north of
Maple, Ont., Mileage 19.4 Newmarket Subd.
98624 July 24 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Tache St. in St. Pascal, P.Q., Mileage 25.49
Montmagny Subd.
98625 July 24 — Authorizing the C.N.R. to relocate the private siding serving the
City of Fort William across Empire Ave., in the City of Fort
William, Ont. Mileage 5.21 Kashabowie Subd.
98626 July 24 — Authorizing the C.N.R. to operate over the bridge crossing Three
Hills Creek, Alta., Mileage 65.8 Three Hills Subd.
98627 July 24 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 97, Mileage 2.34 Osoyoos Subd., B.C.
98628 July 24 — Authorizing the C.P.R. to construct an extension of its siding at
grade across Prince Edward St., in Brighton, Ont., Mileage 9.80
Oshawa Subd.
98629 July 24 — Authorizing the C.P.R. to construct an extension of its siding across
the road allowance between Lots 4 and 5, Cone. B., Twp. of Hamilton,
Ont., Mileage 29.09 Oshawa Subd.
98630 July 24 — Authorizing the Corp. of the District of Coquitlam, B.C. to construct
a concrete sewer across and under the pipe line of Trans-Mountain
Oil Pipe Line Co. at Thomas Ave., in the Munic. of Coquitlam, B.C.
98631 July 24 — Authorizing the C.P.R. to construct an industrial spur track to serve
Meadowbrook Industrial Area at Mileage 3.70 Winchester Subd., P.Q.
98632 July 27— Rescinding Orders 85631 and 86642 in the matter of protection at the
crossing of the C.N.R. and Davis Drive, in the Town of Newmarket,
Ont., Mileage 34.1 Newmarket Subd.
98633 July 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 2 in the County of Halton,
Ont., Mileage 25.67 Oakville Subd.
98634 July 27 — Authorizing the removal of the speed limitation at the crossing of
the Highway and the C.P.R. at first public crossing west of west
switch at Cabri, Sask., Mileage 35.36 Empress Subd.
98635 July 27 — Relieving the Northern Alberta Railways Company from erecting
right of way fencing on the north side of its Slave Lake Subd.,
between Mileages 251.4 and 258.2 Alta.
351
98636 July 27 — Relieving the Northern Alberta Railways Company from erecting
right of way fencing on the north side of its Grande Prairie Subd.
between Mileages 75.3 and 88.0, Alta.
98637 July 27 — Approving revised Appendix A to Traffic Agreement between The
Bell Telephone Company of Canada and Quebec — Telephone (Region
du Golfe St-Laurent).
98638 July 27 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec — Telephone (Division
de l'Est).
98639 July 27 — Amending Order No. 98327, re apportionment of cost of reconstructing
and improving the subway at the intersection of St. Jean St. and
the C.N.R. in the Village of Charny, P.Q., Mileage 103.2 Armagh
Subd.
98640 July 27 — Approving plan submitted by Trans-Canada Pipe Lines Limited,
showing the general location of Compressor Station No. 92 and the
necessary appurtenances of the Northern Ontario Pipe Line Crown
Corporation in the Twp. of Eilber, Ont.
98641 July 27 — Relieving the Northern Alberta Railways Company from erecting
right of way fencing on certain mileages on its Peace River Subd.,
Alta.
98642 July 27 — Authorizing the Statute Labour Board of Dawson Road Township
to relocate the crossing of the highway and the C.P.R. from Mileage
28.2 to Mileage 27.99 Kaministiquia Subd., Twp. of Dawson, Dist. of
Thunder Bay, Ont.
98643 July 27 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone Notre-Dame, Ronald
Guevremont, Proprietaire.
98644 July 27 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Stroud Telephone Company
Limited.
98645 July 27 — Approving Supplements to Traffic Agreement between The Bell
Telephone Company of Canada and the Byron Telephone Company
Limited.
98646 July 27 — Approving revised Appendix and Supplement to Traffic Agreement
between The Bell Telephone Company of Canada and La Compagnie
de Telephone de L'Avenir.
98647 July 27 — Approving revised Appendix and Supplement to Traffic Agreement
between The Bell Telephone Company of Canada and La Compagnie
de Telephone de Nicolet Limitee.
98648 July 27 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corporation of the Township of
Caledon.
98649 July 27 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Region de
Karnouraska) .
93650 July 27 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Le Telephone Arpin, P. E. Arpin,
Proprietaire.
98651 July 27 — Relieving the Northern Alberta Railways Company from erecting
right of way fencing on the north side of its Edmonton Subd., Alta.
98652 July 27 — Authorizing the C.N.R. to operate their engines, etc. over the private
highway near Atikokan, Ont., Mileage 0.5 Caland Ore Spur.
98653 July 27 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 110.38 Hardisty Subd., Alta.
98654 July 27 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98655 July 27 — Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 20 and their railway in the Parish of Ste. Rosalie,
P.Q., Mileage 124.95 Drummondville Subd.
98656 July 27 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
352
98657 July 28 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 18, Prov. of Sask., at Mileage
86.37 Lampman Subd.
98658 July 28 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98659 July 28 — Authorizing the C.N.R. to remove the caretaker at Memramcook, N.B.
98660 July 28 — Requiring the C.N.R. to install protection at the crossing of their
railway and Alma St., in St. Thomas, Ont., Mileage 118.75 Cayuga
Subd.
98661 July 28 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Eckhardt Ave., Penticton, B.C., Mileage 132.7
Carmi Subd.
98662 July 28— Authorizing the Town of St. Vincent de Paul, P.Q., to construct the
highway across the C.P.R. in Lot 109, Mileage 3.93 Trois-Rivieres
Subd.
98663 July 28 — Authorizing the C.N.R. to remove the temporary agent and caretaker
at Blackwell, Ont.
98664 July 28 — Approving location of the proposed station to be erected by the
Quebec North Shore and Labrador Rly. Co. at Schefferville, P.Q.
98665 July 28 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 95 near Cranbrook, B.C., Mileage 4.5 Kimberley Subd.
98666 July 28 — Authorizing the City of Edmonton to construct 86th Street across
the C.P.R. in the City of Edmonton, at Mileage 171.74 Willingdon
Subd.
98667 July 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 1.61 Kensington Subd., P.E.I.
98668 July 30 — Approving revised plan submitted by Consumers' Gas Company in
connection with steel gas main to be constructed across and under
the C.N.R. in the Twp. of Uxbridge, Ont., and amending Order
No. 98489 by striking out Mileage 35.03 and substituting therefor
Mileage 35.18.
98669 July 30 — Approving flammable liquid storage facilities of Imperial Oil Limited
at McCreary, Man., Mileage 139.7 Gladstone Subd.
98670 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 13 at St. Leonard Junction, P.Q.,
Mileage 80.17 Drummondville Subd.
98671 July 30 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the Kamloops- Vernon Highway 2.5 miles south
of Larkin, B.C., Mileage 40.65 Okanagan Subd.
98672 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the Vernon-Kamloops Highway at Monte Lake,
B.C., Mileage 34.02 Okanagan Subd.
98673 July 30 — Authorizing the Munic. Corporation of St. Janvier de Joly to widen
the crossing of the highway and the C.N.R. at Mileage 33.67 Drum-
mondville Subd.
98674 July 30 — Approving Plan revised to July 14, 1959, submitted by Imperial Oil
Limited, showing construction of a pipe line across and under
Interprovincial Pipe Line Co. in the County of Lambton, Ont.
98675 July 30 — Approving revised Plan submitted by Imperial Oil Limited showing
construction of oil pipe line across and under the Interprovincial
Pipe Line Co. in the Twp. of Sarnia, Co. of Lambton, Ont.
98676 July 30 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to relocate and widen Highway No. 9 where it crosses the Trans-
Canada Pipe Lines Limited, between Sees. 17 & 18, Twp. 15, Rge. 2,
W2M.
98677 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Glover Road at Fort Langley, B.C., Mileage
102.98 Yale Subd.
98678 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Chemin du Lac, in the Parish of Notre Dame
du Portage, Co. Riviere du Loup, P.Q., Mileage 5.9 Montmagny Subd.
353
98679 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Westsyde Road north of Kamloops, B.C.,
Mileage 0.98 Ashcroft Subd.
98680 July 30 — Requiring the C.P.R. to install antomatic protection at the crossing
of its railway and the Southern Trans Provincial Highway at
Okanagan Falls, B.C., Mileage 10.38 Osoyoos Subd.
98681 July 30 — Authorizing the Township of Etobicoke, Ont., to construct a concrete
sewer pipe line across and under the pipe line of the Trans
Northern Pipe Line Co. in Lot 31, Cone. "B" fronting the Humber,
Twp. of Etobicoke, Co. York, Ont.
98682 July 30 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Elgin, Man., Mileage 42.0 Hartney Subd.
98683 July 30 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Mara Lake Highway in Grindrod, B.C., Mileage
17.75 Okanagan Subd.
98684 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Mission Highway at Abbotsford, B.C., Mileage
88.15 Yale Subd.
98685 July 30 — Dismissing application of the C.N.R. for authority to remove the
station agent and appoint a caretaker at Cap St. Ignace, P.Q.
98686 July 30 — Authorizing the Ontario Dept. of Highways to construct Highway
624 across the C.N.R. in Lot 6, Cone. 6, Twp. of Foleyet, Dist. of
Sudbury, Ont., Mileage 0.57 Oba Subd.
98687 July 30 — Amending Order No. 98250 in the matter of granting leave to
Imperial Oil Limited to construct an oil pipe line across and under
the Interprovincial Pipe Line Company in the Township of Sarnia,
Ont.
98688 July 30 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the Southern Trans Provincial Highway at
Ebolt, B.C., Mileage 111.0 Boundary Subd.
98689 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the Kamloops-Vernon Highway at O'Keefe,
B.C., Mileage 62.01 Okanagan Subd.
98690 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the Vernon-Kamloops Highway, north of
Falkland, B.C., Mileage 45.10 Okanagan Subd.
98691 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 9 near Canora, Sask., Mileage
49.41 Yorkton Subd.
98692 July 30 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Tannery St., in the Village of Streetsville, Ont.,
Mileage 20.85 Gait Subd.
98693 July 30 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Barrington Passage, N.S., Mileage 87.40
Yarmouth Subd.
98694 July 30 — Approving less-than-standard overhead clearance on the siding
serving the St. Lawrence Sugar Refineries Limited, City of Toronto,
Ont., Mileage 102.96 Oshawa Subd.
98695 July 30 — Authorizing the Township of Sandwich South, Ont., to improve the
approach grades and widen the travelled portion of the highway at
the crossing of Sexton Side Road and the N.Y. Central Railroad Co.,
at Mileage 126.85 Main Line Subd.
98696 July 30 — Authorizing the Township of Colchester North, Ont., to raise the
approaches at the crossing of The Chesapeake and Ohio Railway
Company and the highway between Lots 6 and 7, Cone. 7, Mileage
16.6 St. Thomas Subd.
98697 July 30 — Authorizing the Township of Colchester North to raise the approaches
at the crossing of the highway and The Chesapeake & Ohio Railway
Company between Lot 2, Cone. 13 and Lot 2, Cone. 14, Twp. of
Colchester North, County of Essex, Ont.
354
98698 July 30 — Authorizing the Township of Colchester North to raise the approaches
at the crossing of the highway and The Chesapeake and Ohio
Railway Company between Lot 3, Cone. 10 and Lot 7, Twp. of
Colchester North, County of Essex, Ont.
98699 July 30 — Authorizing the Township of Colchester North, Ont., to raise the
approaches at the crossing of the highway and The Chesapeake &
Ohio Railway Company at Mileage 13.9 St. Thomas Subd.
98700 July 30 — Authorizing the Township of Colchester North to raise the approaches
at the crossing of the highway and The Chesapeake and Ohio
Railway Company at Mileage 12.1 St. Thomas Subd.
98701 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 27 at Reaboro, Ont., Mileage
81.24 Campbellford Subd.
98702 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 21 north of Trochu, Alta.,
Mileage 53.82 Three Hills Subd.
98703 July 30 — Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Highway No. 40 at Mirror, Alta., Mileage 0.31
Three Hills Subd.
98704 July 30 — Authorizing the Nova Scotia Dept. of Highways to relocate the
highway across the C.N.R. in Inverness County, N.S., at Mileage
22.52 Sydney Subd.
98705 July 30 — Authorizing the Township of Colchester North to widen the highway
where it crosses the Chesapeake and Ohio Railway Company in the
County of Essex, Ont., Mileage 13.0 St. Thomas Subd.
98706 July 31 — Authorizing the C.N.R. to remove the station building and erect a
standard shelter at Millstream, P.Q.
98707 July 31 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98708 July 31 — Approving General Location Plan submitted by Trans-Canada Pipe
Lines Limited, showing the site of the proposed compressor station
No. 130 and appurtenances, in Lot 29, Cone. 6, Twp. of Vaughan,
Ont.
98709 July 31 — Approving General Location Plan submitted by Trans-Canada Pipe
Lines Limited showing the site of compressor station No. 80, and
appurtenances of the Northern Ontario Pipe Line Crown Corporation
in the unsurveyed Twp. of Ilsley, District of Kenora, Ont.
98710 July 31 — Declaring the crossing of Crosby Avenue and the C.N.R. in the Town
of Richmond Hill, Ont., Mileage 21.48 Bala Subd., to be a public
crossing. Upon completion of improvements to the crossing by the
Town of Richmond Hill the C.N.R. is required to install automatic
protection at same.
98711 July 31 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and La Societe de Telephone La Baie du Febvre.
98712 July 31 — Approving General Location Plan submitted by Trans-Canada Pipe
Lines Limited, showing the site of compressor station No. 80 and
appurtenances of the Northern Ontario Crown Pipe Line Corporation
in the unsurveyed Twp. of Houck, District of Thunder Bay, Ont.
98713 July 31 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Highway No. 11 at Mileage 38.69 Duck Lake Subd.,
Sask.
98714 July 31 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 56, south of Stettler, Alta., Mileage
52.0 Stettler Subd.
98715 July 31 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Provincial Highways Nos. 10 and 15, near Melville,
Sask., Mileage 1.12 Touchwood Subd.
98716 Aug. 4 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
355
98717 Aug. 4 — In the matter of the application of Niagara Gas Transmission
requesting leave to construct a pipe line for the transportation of
natural gas from a point in the City of Ottawa, Ont., across the
Ottawa River to a point in the Village of Gatineau Point, P.Q.
98718 Aug. 5 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Pine Beach Boulevard, at Dorval, P.Q., Mileage 11.40
Cornwall Subd.
98719 Aug. 5 — Authorizing Trans Mountain Oil Pipe Line Company to carry its
pipe line loop across all utilities and public highways as shown on
revised plan submitted by them.
98720 Aug. 5 — Approving flammable liquid storage facilities of British American
Oil Company Limited at Grand Forks, B.C., Mileage 95.0 Boundary
Subd.
GTfje Poarb of
Sfranaport Comnus&tonerg for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA. SEPTEMBER 15, 1959 No. 12
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
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The use of currency for this purpose is contrary to the advice of the postal authorities and
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mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa,
Authorized as Second Class Mail, Post Office Depa
7\
In the matter of the application of the City ofy£falgary, Alberta, dated^thg
23rd of March, 1959, for an Order for the construction of a subway jBCt
mileage 135.2, Drumheller Subdivision jzf* the Canadian National Railway
Company, and the construction of a hiqmvay crossing at rail le^e^i over
the spur track of the Canadian N ationattS^ml&pfty Company ftotralleling
the said Drumheller Subdivision line; ^*"^5^//v ^
and
In the matter of the application for a grant from the Railway Grade Crossing
Fund towards the costs of the said subway;
and
In the matter of the apportionment of the cost of the said works:
File Nos. 28786.300
15542
Heard at:
Calgary, Alberta, on July 6th and 7th, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner
L. J. Knowles, Commissioner
Appearances:
F. J. Fleming, for the City of Calgary, Alberta
W. G. Boyd and H. F. Hutton, for the Canadian National Railway
Company
JUDGMENT
Griffin, A.C.C.:
The City of Calgary is in the course of constructing a new highway
project which will cross the main line of the Canadian Pacific Railway Company
and its Ogden Yard tracks by means of the Alyth overhead bridge (now in the
357
74988-7—1
358
course of reconstruction) and will cross Portland Street by an overpass (to be
constructed). Its extension westward beyond Portland Street will entail
crossing the railway line of the Canadian National Railway Company at mileage
135.2 of its Drumheller Subdivision, and also the crossing of a parallel industrial
spur track of the same Company.
The City's application is for an Order authorizing the construction of a
« highway underpass, or subway, at mileage 135.2 Drumheller Subdivision and
the construction of a highway crossing at rail level over the spur track. The
proposed subway is marked as point "A", and the proposed level crossing
of the spur track as point "B" on the map Exhibit 5, and I will refer to them
hereafter by these letters.
The application is also for a contribution from the Railway Grade Crossing
Fund towards the construction of the underpass and level crossing in an
amount of 80 per cent of the cost of the project and for an Order of the
Board for a contribution by the Canadian National Railway Company to such
cost, as well as to maintenance costs.
The City's estimate of the cost of the project is $490,320.
The Canadian National Railway Company did not object to an Order
being made authorizing the construction and reserving the question of appor-
tionment of cost, provided the same Order authorized a contribution from the
Railway Grade Crossing Fund of 80 per cent of the cost of construction.
The City's application is also for an Order closing the two existing level
crossings where a minor road crosses the line of the Drumheller Subdivision
and the spur track at a point some 200 to 300 yards roughly southeast of the
proposed subway.
The existing crossing of the Drumheller Subdivision is marked as point
"C" and the crossing of the spur track as point "D", Exhibit 5. I will refer
to them hereafter by these letters. It is not necessary in this Judgment to
determine whether or not crossings "C" and "D" are public crossings.
The City called evidence to show the vehicular traffic crossing at points
"C" and "D". A traffic count was taken on Friday, July 3, 1959, and a
statement of this was filed. The count was taken during a period considered to
be the peak hours, i.e., between 4:00 p.m. and 6:00 p.m. The count was
actually begun at 3:54 p.m. and between that time and 6:00 p.m. the crossing
was used by twelve passenger automobiles and seven trucks. Of these, fifteen
were proceeding east and four west. A count was also taken on the following
day, i.e., Saturday, July 4, but no statement of this was submitted. It was
taken between 6:30 a.m. and 9:30 a.m. The testimony was that eight vehicles
crossed during that period. Witnesses called by the City, and having knowledge
of the crossings, were examined by the Board and their answers did not show
any appreciably greater use at other times.
The Traffic Superintendent of the City stated in evidence that a proper
rule to apply is that the traffic on a roadway at the peak traffic hours is
approximately 10 per cent of the traffic on that roadway during a period of
24 hours. From this he deduced that in a 24-hour period the number of
vehicles using "C" and "D" is approximately 110. The City has, since the
hearing, fortified this evidence by submitting to the Board the results of a
count taken during a 24-hour period on July 9 and 10, 1959. It shows 132
vehicles as having crossed at these points, which total is made up as follows:
11:00 a.m. July 9 to 7:00 p.m. July 9 78
7:00 p.m. July 9 to 3:00 a.m. July 10 9
3:00 a.m. July 10 to 11:00 a.m. July 10 45
—
Total 132
359
At the conclusion of the hearing the Board made an inspection of these
two crossings accompanied by officials of, and Counsel for, the City and the
Railway Company. I am satisfied that crossings at point "A" and point "B"
would be built whether or not crossings at points "C" and "D" are closed
or kept open.
Evidence was also led that the use of the projected highway and proposed
subway would divert traffic from other railway crossings in the same general
area of the City. These are marked on Exhibit 5 as crossings "J", "G", "F"
and "E". It was also stated that it would divert traffic from an existing subway
under the tracks of the Canadian National Railway Company at another point
(marked on Exhibit 5 as point "H"), thereby deferring the widening of the
roadway at that point. The widening of the roadway would require the
extension by the Railway Company of its steel span, which requirement would
be deferred by the City's proposed project at points "A" and "B".
The City's Traffic Superintendent estimates that the traffic that would be
diverted from crossings "J", "G", "F", and "E" is as high as 20 per cent of
the total traffic crossing at these points. Crossings "J" and "G" are of the main
line of the Canadian Pacific Railway Company. Crossing "F" is of the McLeod
Subdivision. Crossing "E" is of the same spur line of the Canadian National
Railway Company which is now crossed at point "D". Ail are level crossings.
All but crossing "E" are protected.
Accepting the City's evidence, although some 20 per cent of the traffic at
these points may be diverted, the remaining traffic will continue what appears
to be the heavy use of these crossings.
I would authorize the construction by the City of a subway at mileage
135.2 Drumheller Subdivision of the Canadian National Railway Company
(point "A") and the construction of a highway crossing at rail level over the
spur track of the Canadian National Railway Company paralleling the Drum-
heller Subdivision line (point "B").
I would authorize the closing of the existing level crossings at points "C"
and "D", upon the completion of the above subway and spur crossing.
The Railway Act, section 265, authorizes the Board to apply the Railway
Grade Crossing Fund in its discretion towards the cost of "work actually done
for the protection, safety and convenience of the public in respect of existing
crossings at rail level".
Subsection 8 of that section provides that:
"Where a highway project involves the construction of a grade separa-
tion crossing and the closing of an existing crossing at rail level or the
diversion therefrom of substantially all highway traffic using it, the
grade separation shall, if the Board so directs, be deemed to be a work
for the protection, safety and convenience of the public in respect of that
existing crossing."
I do not find that the construction of the subway and level crossing at
points "A" and "B" will divert from any one of the crossings at "J", "G",
"F" or "E" substantially all highway traffic using them.
I find that the proposed crossings at points "A" and "B" are new highway
crossings of the railway and that such crossings will not replace existing public
crossings at grade.
Accordingly, on the merits, there will be no contribution ordered from the
Railway Grade Crossing Fund and no Order in respect of cost made upon the
Canadian National Railway Company.
An Order will issue.
H. H. GRIFFIN.
/ concur:
L. J. Knowles
August 12, 1959.
74988-7— U
360
ORDER No. 98835
In the matter of the application of the City of Calgary, Alberta, hereinafter
called the "Applicant", dated March 23, 1959, for an Order authorizing
the construction of a subway at mileage 135.2 Drumheller Subdivision
of Canadian National Railway Company, and the construction of a
highway crossing at grade over the spur track of the Canadian National
Railway Company paralleling the said Drumheller Subdivision, in the
Province of Alberta:
and
In the matter of the application for a grant from The Railway Grade Crossing
Fund towards the costs of the said subway:
and
In the matter of the apportionment of the cost of the said works:
Files Nos. 28786.300
15542.
Thursday, the 13th day of August, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the application at a sitting of the Board held at Calgary
on July 6, 1959, in the presence of Counsel for the Applicant and for the
Canadian National Railway Company; and upon reading the submissions filed —
It is hereby ordered as follows:
1. The Applicant is authorized to construct and maintain a highway across
the right of way of Canadian National Railway Company, by means of a
subway, at mileage 135.2 Drumheller Subdivision, and across the spur track of
Canadian National Railway Company paralleling the Drumheller Subdivision
at grade, in the City of Calgary, Province of Alberta, as shown on Plans 823-2,
823-3, 823-4, 823-5, 823-6, 823-7, 823-8, 823-9 and 823-10, all dated June,
1958, on file with the Board under files Nos. 28786.300 and 15542.
2. The said subway shall be constructed in accordance with the require-
ments of General Order 848; and the said level crossing shall be constructed
in accordance with the requirements of the Railway Act and the Standard
Regulations of the Board Affecting Highway Crossings.
3. Upon completion of the said subway, Canadian National Railway Com-
pany shall close, within the limits of its right of way, the two existing crossings
leading to the substation of the Calgary Power Company southeast of the said
subway.
4. The cost of construction and future maintenance of the said subway
and the level crossing, as well as the cost of closing the two crossings referred
to in paragraph numbered three of this Order, shall be borne and paid by the
Applicant.
5. The application for a contribution from The Railway Grade Crossing
Fund is denied.
H. H. GRIFFIN,
Assistant Chief Commissioner.
361
ACCIDENTS REPORTED TO THE OPERATION DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JUNE, 1959
Railway Accidents 211 Killed 13 Injured 217
Level Crossing Accidents .... 44 Killed 24 Injured 42
Total 255 37 259
Passengers
Employees
Others
Total
Killed Injured
— 36
2 168
35 55
37 259
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
— 1 Automobile struck by train. Licence: Nfld. 18-270.
Prince Edward Island
— 2 Auto truck struck by train. Licence: PEI C-64-79.
Nova Scotia
1 — Automobile ran into side of train. Licence: N.S. 10-78-59.
— 1 Automobile ran into side of train. Licence: N.S. 3-70-83.
New Brunswick
— 1 Automobile struck by train. Licence: N.B. C-21492.
Quebec
— 2 Automobile ran into side of train. Licence: Que. 600-860.
1 — Motorcycle ran into side of train. Licence: Que. M-5228.
2 — Automobile ran into side of train. Licence: Que. 414-076.
1 Automobile struck by train. Licence: Que. 480-596.
— 1 Automobile struck by train. Licence: Que. 519-950.
— 1 Automobile struck by train. Licence: Que. 385-460.
1 Auto truck struck by train. Licence: Que. N-3 10-89.
Ontario
1 — Automobile struck by train. Licence: Ont. C-17133.
2 — Automobile ran into side of train. Licence: N.Y. 5181-ER.
— 2 Automobile struck by track motor car. Licence: Ont. B-43618.
1 Automobile struck by track motor car. Licence: Ont. L-40348.
— 2 Automobile ran into side of train. Licence: Ont. 33-837.
1 1 Automobile ran into side of train. Licence: Ont. C-37771.
1 Automobile struck by kershaw machine. Licence: Ont. 611-766.
— 1 Auto truck struck by train. Licence: Ont. 87981-A.
6 1 Automobile struck by train. Licence: Ont. 493-383.
— 1 Automobile struck by train. Licence: Ont. 409308.
— 1 Automobile ran into side of track motor car. Licence: Ont. B-91138.
362
Killed Injured
— 2 Automobile struck by train. Licence: Ont. H-18185.
— 1 Automobile ran into side of train. Licence: Ont. 947-237.
1 — Auto truck struck by train. Licence: Ont. 41-254-A.
— 1 Automobile struck by train. Licence: Ont. L-20507.
— 1 Road Maintenance machine struck by train.
1 — Pedestrian struck by train.
— 1 Automobile struck by train. Licence not given.
1 — Automobile struck by train. Licence: Ont. 639-782.
Manitoba
— 1 Auto truck struck by train. Licence: Man. FT-54155.
— 3 Automobile struck by train. Licence: Man. 3-Y-637.
1 1 Automobile ran into side of train. Licence: Man. 7-G-603.
— 1 Pedestrian struck by train.
Saskatchewan
— 1 Automobile ran into side of track motor car. Licence not given.
2 — Auto truck struck by train. Licence: Man. 54266.
2 — Automobile struck by train. Licence: Sask. 128753.
Alberta
1 — Auto truck struck by train. Licence: Alta. E-50-807.
British Columbia
— 1 Automobile struck by train. Licence: B.C. 414-107.
1 — Automobile struck by train. Licence: B.C. 291-515.
— 2 Auto truck struck by train. Licence: B.C. 687-388.
— 3 Automobile struck by train. Licence: B.C. 100-349.
— 1 Road Grader struck by train.
Of the 44 accidents at highway crossings, 34 occurred at unprotected crossings,
10 at protected crossings, 34 occurred after sunrise and 10 after sunset.
Ottawa, Ontario,
August 25, 1959.
363
SUMMARY OF ORDERS ISSUED BY THE BOARD
98721 Aug. 6 — Authorizing the C.P.R. to remove the caretaker at Dumas, Sask.
98722 Aug. 6 — Authorizing the C.N.R. to construct a siding across County Road
No. 5, in Twp. of Mathilda, Co. Dundas, Ont., Mileage 95.9 Cornwall
Subd., to serve Hydro Electric Power Commission of Ontario.
98723 Aug. 6 — Approving the C.P.R. restricted top and side clearances on the
trackage serving Abitibi Power and Paper Company Limited, at
Sturgeon Falls, Ont., Mileage 23.8 Cartier Subd.
98724 Aug. 6 — Amending Order No. 80942, re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Arthur Street
(Provincial Highway No. 87) in the Town of Harriston, Ont.,
Mileage 5.77 Owen Sound Subd.
98725 Aug. 6 — Authorizing the City of North Battleford to construct a canopy roof
over the sidewalk in the subway on Victoria St., City of North
Battleford, Sask.
98726 Aug. 6 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Bateman, Sask., Mileage 92.0 Gravelbourg Subd., C.N.R.
98727 Aug. 6 — Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of its railway and Highway No. 2,
near Canyon Creek, Alta., Mileage 176.1 Slave Lake Subd.
98728 Aug. 6 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 5 at Highgate, Sask., Mileage 11.37
Blackfoot Subd.
98729 Aug. 6 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Main Street at Pointe au Pic, P.Q., Mileage 86.47
Murray Bay Subd.
98730 Aug. 6 — Authorizing the C.P.R. to remove the station building at Enlaugra,
P.Q., Mileage 0.0 Drummondville Subd.
98731 Aug. 6 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 28, Alta., Mileage 65.46 Coronado
Subd.
98732 Aug. 6 — Authorizing the Sask. Department of Highways & Transportation
to widen Highway No. 6 where it crosses the C.N.R. at Mileage 97.8
Tisdale Subd., and the C.P.R. at Mileage 81.39 Melfort Subd., in
the NEj Sec. 6, Twp. 45, Rge. 18, W.2M.
98733 Aug. 6 — Approving proposed liquefied petroleum gas storage facilities of
Atlantic Speedy Propane Limited at Saint John, N.B., Mileage 0.79
Dry Dock Spur, Sussex Subd., C.N.R.
98734 Aug. 6 — Approving the C.P.R. restricted clearance on the siding serving
Western Grocers Limited, in the City of Regina, Sask.
98735 Aug. 7 — Authorizing the Toronto and York Roads Commission to widen Bay-
view Ave. where it crosses the C.N.R. in the Twp. of Markham,
Co. of York, Ont., Mileage 16.9 Bala Subd.
98736 Aug. 7 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Pomme d'Or, P.Q., Mileage 28.14 Sorel Subd.
98737 Aug. 7 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway at Glen River, P.Q., Mileage 3.55
Megantic Subd.
98738 Aug. 7 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 21 A near Beiseker, Alta., Mileage
91.23 Three Hills Subd.
98739 Aug. 7 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 21 at Delburne, Alta., Mileage
21.13 Three Hills Subd.
98740 Aug. 7 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 32 at Peers, Alta., Mileage 109.82
Wabamun Subd.
364
98741
Aug.
7-
— Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of its railway and Highway No. 2,
Alberta, Mileage 168.0 Slave Lake Subd.
98742
Aug.
7-
—Requiring the C.N.R. to install automatic protection at the crossing
of their railway and McKay Road (Highway No. 6 detour) in the
Co. of Bonaventure, P.Q., Mileage 59.76 Cascapedia Subd.
98743
Aug.
7-
—Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98744
Aug.
7-
—Requiring the Northern Alberta Railways Company to install auto-
matic protection at the crossing of its railway and Highway No. 2 at
uanyon L^reeK, /\ita., ivmeage im.zz oiave J_#aKe oudq.
98745
Aug.
7-
—Authorizing the C.N.R. to leave Welland Canal Bridge No. 8 at
Thorold, Ont., Mileage 0.24 Thorold Industrial Spur, in an open posi-
xiun loi iictvigciLiuii.
98746
Aug.
7-
—Approving proposed additional flammable liquid storage facilities
oi unpciidi j_iiiiii Leu ai mipciicii, odbK., i^.ir.rt., v^oionsay oUDQ.
98747
Aug.
7-
—Approving proposed flammable liquid storage facilities of the C.P.R.
dl XIcxllUIl, Will., lVllJcclgt; lU^.o^ JDtrlicVllie OUUQ.
98748
Aug.
7-
—Approving flammable liquid storage facilities of Imperial Oil Limited
Ct L VJTXCXX I W UI LX1, OaMV., VV UUU XVXUlXIllclXIl OLIUU., v^.X .XX.
98749
Aug.
7-
—Authorizing the C.P.R. to discontinue its passenger train service
Viptwppn Ottawa Ont and ^Afaltliam TP O
uciwccn \jnawaj vii i., cixxvx vv cixixxciiii, xr .v^.
98750
Aug.
7-
—Approving proposed flammable liquid bulk storage facilities of
Edwards Sudbury Limited at Sudbury, Ont., C.P.R.
98751
Aug.
7-
—Approving flammable liquid bulk storage facilities of North Star Oil
Limited at Bentley, Alta., C.P.R.
98752
Aug.
7-
—Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at White Fox, Sask., White Fox Subd., C.P.R.
yo / Do
Aug.
7
— /approving nammaoie iiquiu storage iacniiies oi wanauian kjil
Companies Limited at Kitchener, Ont., Waterloo Subd., C.N.R.
98754
Aug.
7-
—Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 26 two miles northeast of
Grainger, Alta., Mileage 77.51 Three Hills Subd.
yo i oo
Aug.
7
<-
— /vuxnorizing ine xturai lviunic. oi lvianiario ino. zoz to construct tne
highway over the C.N.R. in the SE^ Sec. 34, Twp. 26, Rge. 27, W.3M.,
Sask., Mileage 25.07 Mantario Subd.
98756
Aug.
10-
—Authorizing the Quebec Central Railway Company to remove the
station agent and appoint a caretaker at Ste. Rose Station, P.Q.
98757
Aug.
10-
—Authorizing the C.P.R. to construct a siding extension across the
road allowance, at Gladstone, Man., Mileage 34.10 Minnedosa Subd.
yo i Do
Aug.
1 ft
1 U-
— Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Manor, Sask., C.P.R.
98759
Aug.
10-
—Authorizing the Village of Entwistle, Alta., to construct a road
across the pipe line of Trans Mountain Oil Pipe Line Company in
tne 0W4 oec. zu, iwp. Do, xtge. /, w.oivi.
98760
Aug.
10-
—Authorizing the Dept of Highways of the Province of Newfoundland
xo consiruci xne xrans Lanaaa xiignway across tne l^.in.xx,. uy intJcuis
of an overhead bridge, near Brigus Junction, Nfld., Mileage 1.3
Carboneur Subd.
98761
Aug.
10-
—Authorizing the C.P.R. to reconstruct the bridge over the St. Maurice
River at Wayagamack Spur, P.Q.
98762
Aug.
11-
—Approving tolls published in Supplement to Tariff by the C.N.R.
under Sections 3 and 8 of the Maritime Freight Rates Act.
98763
Aug.
11-
—Authorizing the Montreal Metropolitan Corporation to reconstruct
the overhead bridge in the Town of Mount Royal, P.Q., mileage 4.5
Mount Royal Subd., C.N.R.
365
98764 Aug. 11 — Authorizing the Ontario Department of Highways to construct High-
way No. 97 across the C.P.R. by means of an overhead bridge, in the
Twp. of North Dumfries, Co. of Waterloo, Ont., Mileage 63.8 Gait
Subd.
98765 Aug. 11 — Amending Order No. 97278 which authorized the City of Quebec to
construct 22nd Street across the C.N.R. at Mileage 1.63 Batiscan Subd.
98766 Aug. 11 — Authorizing the Twp. of Scarborough, Ont., to widen Birchmount
Road where it crosses the C.P.R. at Mileage 97.9 Oshawa Subd.
98767 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited in Lot 5056, Cariboo Land District, B.C.
98768 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited, at Loxterkamp Road, Lot 6688, Cariboo Land
District, B.C.
98769 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited, on Inscho Road, Lot 3975, Cariboo Land District,
B.C.
98770 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited in District Lot 5054, Cariboo Land District, B.C.
98771 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited, on French Road, District Lot 4527, Cariboo Land
District, B.C.
98772 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited, in Lot 6046.
98773 Aug. 11 — Authorizing the B.C. Power Commission to construct a single phase
power line across and over the pipe line of Westcoast Transmission
Company Limited, in District Lot 3965, Cariboo Land District, B.C.
98774 Aug. 11 — Authorizing the Newfoundland Dept. of Highways to construct the
highway across the C.N.R. near the Village of Trinity Junction, Dist.
Trinity North, Mileage 50.31 Bonavista Subd.
98775 Aug. 11 — Authorizing the Township of Petawawa, Ont., to construct the high-
way across the C.P.R. at Mileage 101.92 Chalk River Subd.
98776 Aug. 11 — Authorizing the C.P.R. to remove the caretaker at Kirkella, Man.
98777 Aug. 11 — Authorizing the C.N.R. to remove the agent at Ardath, Sask., pro-
vided a caretaker is appointed.
98778 Aug. 11 — Authorizing the Alberta Dept. of Highways to construct Highway
No. 36 across the C.P.R. by means of an overhead bridge at Mileage
71.73 Brooks Subd.
98779 Aug. 11 — Authorizing the C.N.R. to discontinue the summer agency and
appoint a caretaker for the entire year at Langford, Ont.
98780 Aug. 11 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Keale St. and Springdale Road in King, Ont.,
Mileage 23.3 Newmarket Subd.
98781 Aug. 11 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and the town line between the Twp. of Guelph
and the Twp. of Waterloo, Ont., Mileage 54.37 Brampton Subd.
98782 Aug. 11 — Authorizing the C.P.R. to operate its engines, etc. under the over-
head bridge at Victoria Park Ave., in Lots 5 and 6, Cone. 1, Twp.
of North York, Ont.
98783 Aug. 12 — Authorizing the Manitoba Dept. of Public Works to widen the high-
way where it crosses the C.N.R. at Mileage 66.20 Cowan Subd.
366
98784 Aug. 12 — Authorizing the C.N.R. to remove the agent at Jellicoe, Ont., subject
to the condition that the present service in the handling of express
is unchanged.
98785 Aug. 12 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Clericy, P.Q.
98786 Aug. 12 — Authorizing the C.P.R. to remove the station shelter at Fox Lake,
Ont., Mileage 11.3 Little Current Subd.
98787 Aug. 12 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at first public crossing east of station at
Fannystelle, Man., Mileage 30.7 Glenboro Subd.
98788 Aug. 12 — Authorizing the Village of Taylor to construct a road across the pipe
line of Westcoast Transmission Company Limited in the SW£ Sec. 36,
Twp. 82, Rge. 18, W.6M., B.C.
98789 Aug. 12 — Authorizing the B.C. Dept. of Highways to construct Saunders Road
across the Esquimalt and Nanaimo Railway at Mileage 89.9 Victoria
Subd., B.C.
98790 Aug. 12 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
98791 Aug. 12 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at The Pas, Man., Mileage 87.41 Turnberry Subd.,
C.N.R.
98792 Aug. 12 — Authorizing the New Brunswick Dept. of Public Works to relocate
Highway No. 2 where it crosses the C.N.R. between Mileage 71.19 and
Mileage 73.45 Temiscouata Subd.
98793 Aug. 12 — Authorizing Nottingham Gas Limited to construct a gas line across
and under the pipe line of Westspur Pipe Line Company in the
NW| Sec. 27, Twp. 5, Rge. 33, W.1M.
98794 Aug. 12 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada Limited, at Rimouski, P.Q., Mileage 1.54 Rimouski Wharf
Branch, Rimouski Subd., C.N.R.
98795 Aug. 12 — Approving flammable liquid storage facilities of North Star Oil
Limited at Birch River, Man., Mileage 21.6 Erwood Subd., C.N.R.
98796 Aug. 12 — Approving application of the Township of Chinguacousy, Ont., to
construct a water main across and under the pipe line of Trans
Canada Pipe Lines Limited between Cones. 3 and 4, Twp. of
Chinguacousy, Co. Peel, Ont.
98797 Aug. 12 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and Ontario Northland Com-
munications.
98798 Aug. 12 — Authorizing the C.N.R. to remove the caretaker at Charlemagne,
P.Q.
98799 Aug. 12— Authorizing the C.N.R. and C.P.R. to charge tolls for telegraph
messages in Canada on basis submitted with their application.
98800 Aug. 13 — Approving proposed flammable liquid storage facilities of Texaco of
Canada Limited at Atikokan, Ont., C.N.R.
98801 Aug. 13 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Eastend, Sask., C.P.R.
98802 Aug. 13 — Approving proposed flammable liquid storage facilities of the City
of Rimouski, P.Q., at Mileage 18.06 Rimouski Subd., C.N.R.
98803 Aug. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 6 and their railway at Mileage 57.40 Chandler
Subd., P.Q.
98804 Aug. 13 — Authorizing the Ontario Department of Lands and Forests to con-
struct the highway across the C.N.R. in the unsurveyed territory of
the District of Thunder Bay, Ont., Mileage 33.28 Dorion Subd.
98805 Aug. 13 — Authorizing Nottingham Gas Limited to construct a gas line across
and under the oil pipe line of Westspur Pipe Line Company.
367
98806 Aug. 13— Authorizing the C.P.R. to operate under the overhead bridge in Lot
39, Cone. 1, Twp. of Vespra, Ont.
98807 Aug. 13 — Approving operation of the C.N.R. over the private siding serving
The Hydro-Electric Power Commission of Ontario, in the City of
Belleville, Ont., Mileage 1.21 Campbellford Subd.
98808 Aug. 13 — Approving proposed flammable liquid storage facilities of the City
of Rimouski, P.Q., Mileage 18.22 Rimouski Subd., C.N.R.
98809 Aug. 13 — Authorizing Marsel A. Konforti and Associates to construct a sani-
tary sewer across and under the pipe line of Trans-Northern Pipe
Line Company in part of Lot 21, Cone. 1, West of Yonge St., Twp.
of North York, Co. of York, Ont.
98810 Aug. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at St. Joachim, Ont., Mileage 89.88
Windsor Subd.
98811 Aug. 13 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Corporation of the Twp. of
Caledon.
98812 Aug. 13 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and La Tuque Telephone Company.
98813 Aug. 13 — Approving Alernate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de St. Jude.
98814 Aug. 13 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
98815 Aug. 13 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
98816 Aug. 13 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
98817 Aug. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 48.1 Arborg Subd., Man.
98818 Aug. 13 — Authorizing the Inland Natural Gas Company Limited to construct a
natural gas main across and under the C.P.R. at Mileage 24.1
Thompson Subd., B.C.
98819 Aug. 13 — Authorizing the removal of the speed limitation at the crossing of
Maple Ave. and the C.P.R. at Yorkton, Sask., Mileage 26.3 Wynyard
Subd.
98820 Aug. 13 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and Telephone St-Evariste Inc.
98821 Aug. 13 — Approving proposed flammable liquid storage facilities of the Con-
solidated Paper Corporation Limited at Van Bruyssels, P.Q., Mileage
22.8 Jonquiere Subd., C.N.R.
98822 Aug. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at third public crossing south of Oro,
Ont., Mileage 72.36 Newmarket Subd.
98823 Aug. 13 — Approving proposed flammable liquid bulk storage facilities of the
C.P.R. at North Bend, B.C.
98824 Aug. 13— Authorizing the Rural Munic. of Blucher No. 343 to relocate and
widen the highway where it crosses the C.P.R. at Elstow, Sask.,
Mileage 84.0 Sutherland Subd.
98825 Aug. 13 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and Chappie Municipal Telephone
System.
98826 Aug. 13 — Authorizing the Ontario Dept. of Highways to relocate the highway
where it crosses the C.P.R. in the Twp. of Admaston, Co. of Renfrew,
Ont., Mileage 2.82 Kingston Subd.
368
98827 Aug. 13 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and the highway
at Mileage 92.94 Ste. Agathe Subd., P.Q.
98828 Aug. 13 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and Telephone de Henryville Enrg.
98829 Aug. 13 — Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at Camrobert, P.Q.
98830 Aug. 13 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 98 and the New York Central Railroad Company, west
of Ruscomb, Ont., Mileage N.F. 201.53.
98831 Aug. 13 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone Chibougamau Limitee.
98832 Aug. 13 — Authorizing the Munic. of Notre Dame de Bon Secours Nord to
construct the highway across the C.P.R. at Mileage 72.08 Lachute
Subd., P.Q.
98833 Aug. 13 — Authorizing the C.N.R. to remove the agent at Lorneville, Ont.,
provided a caretaker is appointed.
98834 Aug. 13 — Authorizing the C.P.R. to operate over the industrial spur at certain
locations in the City of Saskatoon, Sask.
98835 Aug. 13 — Authorizing the City of Calgary, Alta., to construct the highway
across the C.N.R. by means of a subway at Mileage 135.2 Drum-
heller Subd.
98836 Aug. 14 — Authorizing the C.P.R. to construct an extension of the existing
subway to carry one additional siding track over Lakeshore Road
at Port Hope, Ont., Mileage 40.78 Oshawa Subd.
98837 Aug. 14 — Dismissing application of the Northern Alberta Railways Company
for authority to remove the station agent at Bluesky, Alta.
98838 Aug. 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at St. Hyacinthe, P.Q., Mileage 24.76 St. Guillaume Subd., C.P.R.
98839 Aug. 14 — Authorizing the removal of the speed limitation at the crossing of
Castlefield Avenue and the C.N.R. in Toronto, Ont., Mileage 6.89
Newmarket Subd.
98840 Aug. 14 — Requiring the C.N.R. to install automatic protection at the crossing of
their railway and the highway (future Route No. 45) in the Twp. of
Landrienne, P.Q., Mileage 33.82 Amas Subd.
98841 Aug. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 64.75 Asquith Subd., Sask.
98842 Aug. 14 — Relieving the Northern Alberta Railways Company from erecting
right of way fencing between certain mileages on its Slave Lake
Subd., Alta.
98843 Aug. 14 — Rescinding Order No. 69608 which approved the location of facilities
of Huntingdon Woollen Mills Limited, near the tracks of the C.N.R.
at Huntingdon, P.Q.
98844 Aug. 14 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates Act.
98845 Aug. 14 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Railway Company under Section 8 of the Maritime Freight
Rates Act.
98846 Aug. 14 — Authorizing the C.N.R. to construct an extension of its siding track at
certain locations in the Town of Canora, Sask., Mileage 24.85 Margo
Subd.
98847 Aug. 14 — Authorizing the removal of the speed limitation at the crossing of
Maitland St. and the C.N.R. in London, Ont., Mileage 77.5 Dundas
Subd.
98848 Aug. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Crumlin, Ont., Mileage 107.40 Gait
Subd.
369
98849 Aug. 14 — Amending Order No. 94939 which authorized the Ontario Depart-
ment of Highways to construct Highway No. 27 across the C.N.R.
by means of an overhead bridge, at Mileage 9.41 Oakville Subd.,
Twp. of Etobicoke, Ont.
98850 Aug. 14 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Hallonquist, Sask., Shamrock Subd., C.P.R.
98851 Aug. 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Lanigan, Sask., Prince Albert Subd., C.P.R.
98852 Aug. 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Redvers, Sask., Areola Subd., C.P.R.
98853 Aug. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 111.88 Cayuga Subd., Ont.
98854 Aug. 14 — Amending Order No. 92536 which authorized the B.C. Department
of Highways to reconstruct the overhead highway bridge near
Savona, B.C., Mileage 26.14 Ashcroft Subd.
98855 Aug. 14 — Approving Drawing RW-5600, Rev. 3, granting leave to Trans
Mountain Oil Pipe Line Company to carry its company pipe line loop
across all public highways and pipelines as shown in said Drawing,
in the Province of Alberta.
98856 Aug. 17 — Amending Board Order No. 96949, which approved tolls published in
tariff C.T.C. No. E. 5230 filed by the C.P.R.
98857 Aug. 17 — Authorizing the C.P.R. to reconstruct its bridge over the Okanagan
River at Mileage 18.0 Osoyoos Subd., B.C.
98858 Aug. 17 — Authorizing the Corp. of the Twp. of Richmond, B.C., to construct
a pedestrian crossing where Beckwith Road crosses the Vancouver &
Lulu Island Railway Co. at Mileage 0.89 Steveston Branch, B.C.
98859 Aug. 17 — Authorizing the C.P.R. to close the station and remove the station
shelter at Nosbonsing, Ont., Mileage 101.8 North Bay Subd.
98860 Aug. 17 — Approving tolls published in tariffs filed by the Maritime Freight
Association under Section 3 of the Maritime Freight Rates Act.
98861 Aug. 17 — Authorizing the removal of the speed limitation at the crossing of
Beaugrand Ave. and the C.N.R. in Montreal, P.Q., Mileage 6.39
Longue Pointe Subd.
98862 Aug. 17 — Authorizing the removal of the speed limitation at the crossing of
Main St. and the C.N.R. at Roblin, Ont., Mileage 62.60 Togo Subd.
98863 Aug. 17 — Authorizing the removal of the speed limitation at the crossing of
Silver Creek Road and the C.N.R. west of the station at Guelph
Junction, Ont., Mileage 50.24 Brampton Subd.
98864 Aug. 17 — Authorizing the removal of the speed limitation at the crossing of
Joseph St. and the C.P.R. at Brampton, Ont., Mileage 7.85 Orange-
ville Subd.
Aug. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. west of the station at Malton, Ont.,
Mileage 17.94 Brampton Subd.
Aug. 18 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
Aug. 18 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
Aug. 18 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
98869 Aug. 18 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
98870 Aug. 18 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
370
98871 Aug. 18 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
98872 Aug. 18 — Authorizing the N.B. Department of Highways to construct the high-
way across the C.P.R. at Mileage 92.92 Shogomoc Subd.
98873 Aug. 18 — Approving flammable liquid storage facilities of British American
Oil Company Limited at Fairview, Alta., Northern Alberta Rlys. Co.
98874 Aug. 18 — Approving plans filed by the C.P.R. showing construction of
Lawrence Ave. across the C.P.R. by means of a subway at Mileage
100.24 Oshawa Subd., Ont.
98875 Aug. 19 — Authorizing the C.P.R. to use and operate the bridge at Mileage
41.6 Teeswater Subd., Ont.
98876 Aug. 19 — Authorizing the C.P.R. to operate over the siding to serve Alberta
Wheat Pool Elevators Limited, in the City of Medicine Hat, Alta.
98877 Aug. 19 — Approving revisions to tariffs filed by the C.N.R.
98878 Aug. 19 — Authorizing the B.C. Department of Highways to construct the Trans
Canada Highway across the C.P.R. by means of an overhead bridge
at Mileage 7.87 Mission Subd., B.C.
98879 Aug. 19 — In the matter of tariffs and supplements to tariffs filed by the Cana-
dian Freight Association under the provisions of the Maritime Freight
Rates Act.
98880 Aug. 19 — Approving flammable liquid storage facilities of Canadian Import
Company at Chicoutimi, P.Q., C.N.R.
98881 Aug. 19 — Authorizing the Township of West Ferris to widen the township
road where it crosses the C.P.R. at Mileage 113.2 North Bay Subd.,
Ont.
98882 Aug. 19 — Rescinding Order No. 76529 which approved the location of facilities
of British American Oil Company Limited near the tracks of the
Northern Alberta Railways Co. at High Prairie, Alta.
98883 Aug. 19 — Approving revisions to tariffs filed by the C.P.R. Co. Communications
Dept.
98884 Aug. 19 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98885 Aug. 19 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Pembroke, Ont., Mileage 20.27 Locksley Subd., C.N.R.
98886 Aug. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 31 in the Twp. of Seymour,
Ont., Mileage 23.18 Campbellford Subd.
98887 Aug. 20 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and The New Dundee Rural Tele-
phone Co.
98888 Aug. 20 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and Sparrow Lake Private Telephone
Line.
98889 Aug. 20 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
98890 Aug. 20 — Amending Order No. 97665, re apportionment of cost of installing
automatic protection at Maddens Crossing and the Sydney and Louis-
burg Railway Co. 1£ miles west of the station at New Waterford, N.S.
98891 Aug. 20 — Authorizing the C.N.R. to reconstruct the bridge at Mileage 83.0
Wabamun Subd., Alta.
98892 Aug. 20 — Authorizing the C.P.R. to construct a private siding across Messier
St., City of St. Boniface, Man., Mileage 0.98 Emerson Subd., to serve
Dominion Structural Steel Limited.
98893 Aug. 20 — Exempting the C.P.R. from erecting and maintaining right of way
fencing between certain mileages on the east side of its Coutts
Subd., Alta.
371
98894 Aug 20— Exempting the C.P.R. from erecting and maintaining right of way
fencing between certain mileages on its Stirling Subd., Alta.
98895 Aug. 20 — Rescinding Order No. 70182 which approved facilities of North Star
Oil Limited for handling and storage of flammable liquids near the
tracks of the C.P.R. at Melfort, Sask.
98896 Aug. 20 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Senneterre, P.Q., Mileage 1.09 Val d'Or Subd., C.N.R.
98897 Aug. 20 — Rescinding Order No. 73468 which approved facilities of Imperial
Oil Limited for storage of flammable liquids near tracks of the C.N.R.
at Redwater, Alta., Mileage 27.5 Coronado Subd.
98898 Aug. 20 — Approving flammable liquid storage facilities of The British Ameri-
can Oil Company Limited at The Pas, Man., Mileage 87.6 Turnberry
Subd., C.N.R.
98899 Aug. 20 — Approving flammable liquid storage facilities of Supertest Petroleum
Corporation at St. Thomas, Ont., The Chesapeake & Ohio Rly. Co.
98900 Aug. 20 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Midale, Sask., C.P.R.
98901 Aug. 20 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Sexsmith, Alta., N.A.R. Co.
98902 Aug. 20 — In the matter of the application of the C.P.R. for an extension of
temporary permit on behalf of Provo Gas Producers, to load crude
oil into tank cars from tank trucks at Hughenden, Alta.
98903 Aug. 20 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Chaplin, Sask., C.P.R.
98904 Aug. 21 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of the Niagara, St. Catharines
and Toronto Rly. and Fitch St., Welland, Ont., Mileage 15.77 Welland
Subd.
98905 Aug. 21 — Amending Order No. 95125 to show that upon completion of the
subway at Mileage 3.57 Oshawa Subd., the C.N.R. shall close, within
the limits of their right of way, the temporary pedestrian crossing,
authorized by the said order.
98906 Aug. 21 — Authorizing Hudson's Bay Oil and Gas Co. Limited, Pan American
Petroleum Corp., and Canadian Fina Oil Limited, to construct a
natural gas line across and over the company pipe line of the Trans
Mountain Oil Pipe Line Company in the SW£ Sec. 18, Twp. 53, Rge.
18, W.5M., Alta.
98907 Aug. 21 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Road No. 6 in the Prov. of P.Q., Mileage 52.15
Chandler Subd.
98908 Aug. 21 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 6 (Gauthier crossing) at Mileage
82.77 Cascapedia Subd., P.Q.
98909 Aug. 21 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 19 at Ostrander, Ont., Mileage 11.94
Port Burwell Subd.
98910 Aug. 21 — Authorizing the C.N.R. to remove the caretaker at Brechin, Ont.
98911 Aug. 21 — Authorizing the Corbett Lumber Company to construct a private
road across and over the pipe line of the Westcoast Transmission
Company Limited in the SWi Sec. 13, Twp. 6, Rge. 25, W.6M., B.C.
98912 Aug. 21 — Approving Traffic Agreement between The Bell Telephone Company
of Canada and The Commissioners for the Telephone System of the
Munic. of the Twp. of Tilbury West.
98913 Aug. 21— Rescinding Order No. 66243 which approved the location of facilities
of Imperial Oil Limited for handling and storage of flammable liquids
near the C.N.R. at Warspite, Alta.
372
98914 Aug. 21 — Rescinding Order No. 75764 which approved the location of facilities
of Imperial Oil Limited for the handling and storage of flammable
liquids near the C.N.R. at Bellis, Alta.
98915 Aug. 21 — Approving Supplement to Traffic Agreement between the Bell Tele-
phone Company of Canada Limited and The Perth and Christie's
Lake Telephone Co. Ltd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
QTlje Poarb of
&ran£port Commts&toner£ for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, OCTOBER 1, 1959 No. 13
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Authorized as Second Class Mail, Post Office Department, Ottawa.
■ >^
In the matter of the application, dated December, 23, 1958, of Canadian Pacific
Railway Company in respect of its proposed terminal freight yard at
Agincourt, in the Township of Scarbofough, Ontario.
File No. 48696
Before:
Rod Kerr, Q.C, Chief Commissioner,
A. Sylvestre, Q,C, Deputy Chief Commission
J. M. Woodard, Commissioner.
Appeaarnces:
K. D. M. Spence, Q.C ]
and \ for the Canadian Pacific Railway
A. J. Alliston, I Company.
H. E. Beckett, Q.C, ]
James Wallace, | '
an(j r for the lownship of Scarborough.
Charles Onley, )
W. G. Dingwall, for the Agincourt Ratepayers' Association.
G. W. Hewitt, Q.C, for the Department of Highways of the Prov-
ince of Ontario.
F. A. Burgess, Q.C, for The Bell Telephone Company of Canada.
David Ross, for the Municipality of Metropolitan Toronto.
JUDGMENT
Kerr, CC:
Canadian Pacific proposes to construct a terminal freight yard, commonly
called a "hump yard", at Agincourt, in the Township of Scarborough. Its
application to the Board for approval of the project was heard on July 8
and 9, 1959 after due notice to interested parties.
373
76049 6—1
374
At the hearing evidence was given concerning the existing railway facil-
ities in the rapidly expanding Toronto area, the volume of traffic using those
facilities, congestion of traffic and traffic delays, and the overall need of
Canadian Pacific for additional railway facilities to handle traffic to, from and
through the Toronto area. Neither the evidence in that respect nor Canadian
Pacific's need for additional facilities in the nature of a hump yard was seriously
disputed by any party at the hearing and it is unnecessary for me to outline
the evidence in detail. The evidence convinces me of Canadian Pacific's need
for a modern hump yard somewhere in the Toronto area.
The principal issue for determination is whether, a hump yard being
necessary, the Board should permit it to be established at Agincourt on the
site selected by the Company. There are related issues respecting highway
crossings, diversion roads, and other matters.
The requirements for the location of a hump yard were outlined by
witnesses for Canadian Pacific. Briefly, these requirements are:
(a) Some 400 acres of reasonably level land with an overall length of
about 2 miles, uninterrupted by highways that would interfere with
the operation of the yard.
(b) The land must be available at an economic price.
(c) The location must be such that the additional train mileage occasioned
by the use of the yard will not be too great, which, in the Toronto
area, means that the yard must be sufficiently close to the junction
of railway lines serving Toronto to make its operation efficient and
economic, both costwise and timewise.
Evidence was also given for Canadian Pacific respecting extensive studies
and investigation by its officers of possible sites for the yard. A special group
was set up in 1946 to review traffic requirements and facilities in the Toronto
area. They concluded that the Lambton-West Toronto yard could not be
expanded because it was restricted by industrial and residential development
and main streets of the City of Toronto. Several sites easterly from Leaside
towards Agincourt were also examined and found unsatisfactory, as was the
area in the vicinity of Cooksville, west of Lambton yard. The area north of
Toronto was considered but it would involve construction of access lines that
would bypass Toronto and the cost would be around $70,000,000, and this area
consequently was unsatisfactory. The Company finally, early in 1956, decided
that the proposed site at Agincourt is the only location within a reasonable
distance of Toronto where the railway traffic could be handled economically,
efficiently and without too great delay, and that this site is the best and proper
location for the hump yard needed by the Company.
Having selected the site, officers of Canadian Pacific held a meeting in
November, 1956, with the Reeve and Deputy Reeve of the Township of
Scarborough, several of its Councillors and its Director of Planning and others,
and the Company's plan to establish the hump yard at the proposed site was
explained to them. The Company proposed the closing of Bellamy Road and
McCowan Road but the Township disclosed that McCowan Road would become
a through road and possibly a bus route, so the proposal to close McCowan
Road was abandoned; but the need for the closing of Bellamy Road was
emphasized. In February, 1957, the Company supplied a plan to the Township
indicating generally how the proposed site would be used.
Four letters (Exhibit 9) exchanged between the Company and Township
referred to the proposal to construct the yard. These letters are:
1. Letter from the Company to the Township Clerk dated February 11,
1957, requesting that the Township close a portion of Bellamy Road for
the purposes of the yard;
375
2. Letter, dated March 13, 1957, from the Township Clerk to Canadian
Pacific which stated that a report of its Roads and Works Committee
concerning the Company's request was approved and adopted by Council
on March 11, 1957. The report recommended the closing of Bellamy
Road as requested by the Company.
3. A letter, dated August 22, 1957, from Canadian Pacific to the Township
Clerk asking that a By-law closing Bellamy Road be passed promptly.
4. A letter, dated August 28, 1957, from the Township Clerk to Canadian
Pacific advising that the Township's Legal Department had proceeded
with the necessary postings and advertisements to close Bellamy Road,
as requested by the Company, and that the Township's Solicitor advised
that he expected that the road would be legally closed in about a month
or six weeks.
Objections were made by residents in the area and the requested By-law
was not passed and Canadian Pacific filed its application to the Board.
The "Official Plan" of the Township of Scarborough was filed at the hear-
ing. The Plan was adopted by the Township Council in accordance with Section
11 of the Planning Act 1955, on April 11, 1957, and was approved by the
Minister of Planning and Development of Ontario on December 18, 1957. This
Plan includes a Roads Plan and a Land Use Plan. These plans show the
proposed yard and the closing of Bellamy Road within the limits of the yard.
The Company began to purchase land for the yard early in 1957. It
purchased 12.8 acres from the Township for a total price of $49,063. It
purchased a total of approximately 480 acres for approximately $1,500,000.
Some additional purchases will be made, bringing the expenditure for acquisi-
tion of land to about $1,682,000. The Company's evidence was that land costs
will be about 10% of the total cost of the yard. On the north and south of the
yard it purchased more land than it needs for yard purposes. This land will
be available for industry. The Company is also willing to plant trees along the
north side of the yard as a buffer.
The proposed site is between 13 and 15 miles east of West Toronto yard.
It is bounded on the south by Sheppard Avenue, a through highway under
the jurisdiction of Metropolitan Toronto; on the east it is mainly bounded by
Highway 48, under the jurisdiction of the Department of Highways of Ontario;
on the north, it is bounded by Finch Avenue, under the jurisdiction of the
Township of Scarbarough. Roads directly involved because of additional tracks
are McCowan Road, Brimley Road and Sheppard Avenue, on which crossings
are west of the yard in that order; Bellamy Road in the centre of the yard;
Highway 48 (Markham Road), Scarborough Golf Club Road, Neilson's Road
and Staines Road, all with crossings east of the yard; and Finch Avenue.
The yard will consist of three main parts, a Receiving Yard where trains
are received; a Classification Yard where cars are classified as to direction;
and a Departure Yard. The "hump" of the yard is near the west end of the
Classification Yard, and is about 15 feet high. Trains arriving in Toronto from
the east, over the Oshawa Subdivision, will enter the Receiving Yard from the
east. Trains arriving from the west, north and south, will enter the Receiving
Yard from the west. When the yard is ready to receive a train it will be
pulled back westerly over McCowan Road, first west of the yard. If the train
is not more than 50 cars, it will not reach Brimley Road, next west of McCowan
Road. If it is less than 80 cars, it will not reach Sheppard Avenue, next west
of Brimley Road. If the train is the maximum of about 100 cars, it will cross
Sheppard Avenue but will not reach the next road to the west, Midland Avenue.
The hump is about 1£ miles from Sheppard Avenue and about 1| miles from
Midland Avenue.
376
Before each train arrives, advice will be given to the Supervisor concerning
the disposition of each car in the train. When a train is pushed over the
hump, automatic controls place each car on the right track in the Classification
Yard to be part of a new train. The speed of cars is controlled by retarders.
There should be no engine whistling in the yard except in case of emer-
gency, because movements within the yard will be controlled largely by hand
signals or use of radio.
There will be a Repair Yard and facilities for repairing defective cars,
and tracks and facilities for servicing diesel engines. No steam engines will
be used. There will also be a stores building and bunk house for train and
engine crews. The Company estimates that about 400 employees will likely be
working in the yard or on trains leaving or arriving there. The main lines
of the Oshawa and Peterborough Subdivisions will be relocated and a connecting
track between these subdivisions will be constructed to the east of the yard.
The Company proposes in the early stages to construct two grade separa-
tions where tracks will cross McCowan Road and a grade separation at High-
way 48 (Markham Road) on its Oshawa Subdivision. Grade separations are
contemplated at a later date at Sheppard Avenue, Brimley Road, Finch Avenue
and Highway 48 on the Peterborough Subdivision.
The largest built up residential area in the vicinity of the yard is the Glen
Watford Subdivision, north of Canadian Pacific tracks and Sheppard Avenue
and west of the yard site. Witnesses living in that subdivision gave evidence
at the hearing in opposition to the application. There is another residential
area south of Sheppard Avenue, about one third of the size of the Glen Watford
area; almost continual housing west of Sheppard Avenue and Highway 48;
and also land of Central Housing and Mortgage Corporation, known as the
Malvern area, to the east of the yard, which will be developed for low-cost
housing. The distance between the tracks and the nearest home thereto in
the Glen Watford area is 607 feet. The distance from the Glen Watford
residential area (and the home referred to) to the hump is 4,000 feet, and the
yard proper is beyond the hump and still more distant from the Glen Watford
residential area. Between Glen Watford and the hump there is a depression,
and a height of land which puts the yard out of sight of homes in Glen Watford.
As already stated, the construction of the yard will involve the closing of
a portion of Bellamy Road. Traffic counts in two 24-hour periods showed 35
and 21 vehicles, respectively, on the portion to be closed. On its Official Plan,
the Township of Scarborough showed Bellamy Road to be closed within the
yard area, but with proposed new roads to serve a dual purpose as diversions
of Bellamy Road and as service roads for industrial development. One of these 1
roads is shown to the north of the yard and connects Bellamy Road with
McCowan Road. The Plan also shows Bellamy Road closed not only within the
yard limits but for a distance south of the yard, with a proposed cross road
connecting Markham Road and McCowan Road but not connected at all with
Bellamy Road.
The Company also adduced evidence as to experience with its hump yard
at Cote St. Luc, its effect on that community and the absence of serious com-
plaint against the yard by people living in its vicinity; and evidence of the
Company's Chief of Medical Services that diesel fumes will not be harmful.
Official position of Metropolitan Toronto, Ontario Department of Highways
and Township of Scarborough respecting the yard.
The position of the Municipality of Metropolitan Toronto was indicated at
the hearing and in correspondence with the Board. The Municipality does not
object to the project. It disclosed that a grade separation at Sheppard Avenue
would be undertaken at about the same lime that Canadian Pacific would be
377
increasing its trackage and rail activities, and submitted that Canadian Pacific
should assume all additional costs of grade separations occasioned by the
additional tracks and increased rail activity and that the Municipality's con-
tribution should be based on the conditions that now exist; that no action is
necessary respecting the Kennedy Road crossing, as no additional tracks are
to be constructed there and it is not high on the priority list for elimination of
grade crossings.
Counsel for the Ontario Department of Highways stated that the Depart-
ment is in accord with the project and that it agreed with Canadian Pacific's
proposal to construct grade separations on Highway 48.
The Township of Scarborough did not object in principle to the establish-
ment of the yard at the proposed site. Its principal submissions were:
(i) That grade separations should be constructed at Pharmacy Road,
Kennedy Road and Sheppard Avenue, in addition to those proposed
by Canadian Pacific; that automatic protection should be installed at
Birchmont Road, Midland Avenue, Scarborough Golf Club Road and
Neilson Road; that the existing grade separation at Neilson Road
should be modernized; that the project be modified to include realign-
ment of Township roads and reconstruction of subway at intersection
of Staines Road and Finch Avenue.
(ii) That the yard is for the benefit of Canadian Pacific and the Company
should bear all costs of the yard and grade separations and other
related works.
(iii) That Canadian Pacific should provide an easement across the yard
for storm drainage, sewers and water services.
(iv) That Canadian Pacific should contribute to the cost of trunk sewers
and disposal plants and alleviate noise and glare of lights by establish-
ing some form of buffer between the yard and residential areas.
(v) That Canadian Pacific should provide diversionary roads for the por-
tion of Bellamy Road to be closed within the yard area, and bear the
cost thereof.
Objections of Agincourt Ratepayers' Association
Ever since the project was proposed it has been vigorously opposed by the
Agincourt Ratepayers' Association. This Association has 75 paid up members,
but purported to speak for many other residents of Agincourt. Several of its
officers and members gave evidence at the hearing in opposition to the applica-
tion. The Association sponsored circulation of public opinion survey sheets
on which persons in the Agincourt area could indicate whether they were for
or against the establishment of the yard in the proposed area. The pre-
ponderant indication of approximately 1,140 persons who signed the sheets
was against the yard. Such a poll indicates opposition to the project but is not
evidence as to the merits of the application or the merits of opposition thereto.
The Association was represented by Counsel at the hearing. It objected
to the closing of Bellamy Road and the establishment of the yard. Its objections
were numerous and I shall mention what seemed to me to be the principal ones,
as follows, given in evidence by witnesses for the Association, briefs filed by the
Association and argument by its Counsel:
(a) The yard will depreciate the value of homes and privately owned
property acquired before the project was initiated.
(b) It will cause additional train traffic within the community and over
highway crossings.
(c) There will be much objectionable noise of engines and trains.
(d) Air pollution, paint discolouration and other damage to property will
be caused by diesel exhaust.
76049-6—2
378
(e) There will be increased delays, hazards and obstruction at level cross-
ings due to increased train operations.
(/) The yard will unduly interfere with town planning and future
development.
(g) The yard will occupy land otherwise available for development and
consequently adversely affect assessments and revenues of the
Township.
(h) The yard may lead to piggy-back operations in Scarborough.
(i) Undesirable high light towers within the yard,
(j) The yard will be a target in event of war.
(k) Lack of provision for park areas.
(I) The project as a whole is objectionable to the Association because of its
very nature.
(m) Lack of certainty as to Canadian Pacific's intentions respecting land
purchased but not needed for the yard, and as to what buffer will be
provided between the yard and residential areas.
The Association suggested an alternative site east of Highway 48, which
would put most of the yard further from the Glen Watford Subdivision but
closer to the Malvern area, and relocation of the main track leads to the yard.
Evidence on behalf of Canadian Pacific was that its engineers had studied the
Association's alternative for a period of nearly three months and found that it
was unacceptable for various reasons, because of technical and operational dis-
advantages, including gradient of the area, the curvature of tracks that would
be necessary, lack of sufficient switching lead, interference with the Malvern
project land, and additional cost, particularly the estimated cost of $7,000,000
to divert main line tracks.
The alternative proposal was drawn up by Mr. H. H. Marshall, who is a
professional civil engineer and a member of the Association. He agreed that
he had no experience in railway matters and did not do a detailed engineering
study of the alternative proposal. I discussed with our own experienced
engineering and operating officers the engineering and operational features and
requirements of hump yards in general and of the proposed yard and the
alternative suggested by the Association. Our officers support the views
expressed by the Company's witnesses in that respect.
The Board has considered all submissions, briefs and material filed by the
Association with the Board, as well as the evidence given by witnesses for the
Association and the argument made by its Counsel at the hearing.
Decision
The area concerned was viewed on the ground by the Commissioners who
heard the application, and we consequently had, in determining it, the
advantages given by an actual view of the proposed site of the yard and
affected lands, residential areas and highways.
I have already stated that I am convinced that Canadian Pacific needs
additional facilities in the nature of a hump yard somewhere in the Toronto
area. I have also reached the conclusion that the Company has made out a
good case for the proposed yard on the site chosen at Agincourt. It is the site
in the Toronto area that meets hump yard requirements to the greatest extent.
Comparing the Company's proposal and the alternative put forward by the
Agincourt Ratepayers' Association and their respective advantages and dis-
advantages to the Company and to Scarborough and its residents, I have con-
cluded that the Company's project should not be rejected by this Board in
favour of the alternative proposed by the Association.
379
Construction and operation of the yard will inevitably cause a measure of
noise and fumes, and increase the volume of railway traffic within Scarborough
and across highways there, as well as other disturbances and disadvantages
normally caused by a hump yard operation. But because of the distance
(approximately 4,000 feet) between the hump and the nearest home within the
Glen Watford residential area, the distance (607 feet) from Canadian Pacific's
main line tracks to the nearest residence in Glen Watford, the rise of the land
from Glen Watford to the hump (which puts the yard proper out of sight from
the homes in Glen Watford, with the yard proper beyond the hump and still
more distant from Glen Watford), the manner in which the yard will be
operated with diesel engines and a minimum of engine whistling, and provision
of grade separation and automatic protection at crossings where required, it
is my view that the yard will not be unduly close to residential homes nor
unduly disturb or endanger the people of Scarborough nor depreciate the value
or attractiveness of their homes and residential areas to such an extent as to
warrant rejection of Canadian Pacific's application. I am not unsympathetic
to the objections and fears expressed on behalf of the home owners represented
by the Association, but one must face the facts that industrial expansion and
increase of population, which are so desirable and sought after, bring with
them a need for transportation facilities; that there is such need in the Toronto
area, which has a concentration of industry and population and a great volume of
railway traffic; and that such railway facilities usually have some disadvantages
to the community in which they are located, including noise, fumes and increase
in railway traffic within the community and across its highways. Notwith-
standing certain disadvantages to the community that may accompany the yard,
I think that it is in the public interest to authorize it.
I would approve, in principle, the establishment of the yard generally as
proposed by Canadian Pacific, but with diversion of Bellamy Road to join
McCowan Road on the north of the yard, and thereupon the portion of Bellamy
Road within the yard to be closed. This approval in principle extends to the
construction of grade separations at Sheppard Avenue, Brimley Road, McCowan
Road, Highway 48 and Finch Avenue; relocation of the Oshawa and Peter-
borough Subdivisions' main lines; construction of a connection between those
subdivisions; and construction of other tracks, facilities and crossings generally
as proposed by the Company and shown on plans of the project filed by the
Company with the Board.
I would authorize now the work proposed by the Company for completion
in 1959 and 1960, including relocation of pole lines; construction of the three
grade separations proposed by the Company at McCowan Road and Markham
Road (Highway 48), detailed plans thereof to be submitted to the Board for
approval under General Order No. 589; relocation of the Oshawa Subdivision
lines; construction of 10 tracks in the Receiving Yard, and the grading of the
yard areas. Authorization for construction of the diversion of Bellamy Road
and the work proposed to be completed after 1960, consistent with the project
as applied for and approved in principle, will be given upon specific application
therefor.
There are several matters that were the subject of unfinished discussions
between the Company and the Township of Scarborough, including an easement
across the yard for sewer and water facilities, drainage, planting of trees as a
buffer, protection at grade crossings, re-alignment of Township roads, and
contribution by Canadian Pacific towards the cost of trunk sewers and disposal
plant and parks. I leave these questions for further discussion by the parties
in the hope that they may agree thereon, now that the project is being approved
in principle, but if they do not agree and a determination by this Board is
necessary, the Board will make its determinations thereon at a later date and
upon application therefor.
76049-6—21
380
I would also reserve for future determination questions as to who shall
bear the costs of grade separations and protection at highway crossings, the
cost of constructing the diversion of Bellamy Road and relocating public utility
lines, as to possible grants from The Railway Grade Crossing Fund. It appears
to me at this time, however, that the yard is a major new capital project
essentially for the greater convenience and improved facility of the Company
in serving the traffic needs of a large area of Canada, and consequently, subject
to the following reservation, the entire cost of the yard and all such works
should be borne by Canadian Pacific, but I would reserve decision on those
questions, as above stated, pending submission of plans, estimates of cost and
any further submissions the parties may make in that respect. The reservation
is that to the extent that such works are or will be necessary within the next
few years, even if the yard were not established, they may qualify for grants
from the Fund and justify an apportionment of their cost of construction,
maintenance and operation between Canadian Pacific and other interested
parties.
Order to go accordingly.
Dated at Ottawa, this eleventh day of September, 1959.
ROD. KERR
I concur:
J. M. WOODARD
A. Sylvestre
381
Ottawa, September 3, 1959.
CIRCULAR NO. 280
28638.25— TEMPORARY LOADING AND UNLOADING FACILITIES
FOR FLAMMABLE LIQUIDS AND COMPRESSED GASES
This Circular pertains to applications for temporary Board
approval of loading and unloading facilities used for the direct
transfer of compressed gases or flammable liquids with flash points
of 80 °F. or below, between tank cars and tank trucks or process
vessels on carrier's property.
Introduction:
Section 73.432 of the Board of Transport Commissioners, regula-
tions for the "Transportation of Dangerous Commodities by Rail"
prohibits the transfer of compressed gases or flammable liquids with
flash points of 80 °F. or below between tank cars and tank trucks on
carrier's property, and requires that tank cars of these commodities
shall not be unloaded on a carrier's track unless permanent storage
facilities of sufficient capacity to receive the entire contents of the
tank car are available. This is interpreted as also prohibiting the
use of the tank car as a storage tank for unloading directly to a
process vessel.
It is recognized, however, that under certain conditions, the
regulations of Section 73.432 can be waived without an appreciable
increase in hazard and that there are circumstances under which the
granting of temporary approval to transfer the aforementioned com-
modities between tank cars and tank trucks, or between tank cars
and a process vessel can be justified. The provisions of this Circular
do not constitute an Order of the Board and are only intended to
serve as a guide in the preparation and approval of applications.
The location, design, construction and operation of permanent
bulk storage facilities are subject to the following General Orders:
1. Flammable Liquids with flash points below 175°F. — General
Order No. 823;
2. Liquefied Petroleum Gases — General Order No. 841;
3. Anhydrous Ammonia — General Order No. 842;
4. Chlorine — The Board has no general order pertaining to bulk
storage facilities for Chlorine. Approval of these facilities
is based primarily on the recommended regulations of the
Chlorine Institute.
PART I
Prerequisites
Section 1. — Consideration will be given to granting an exemption
from complying with the requirements of Section 73.432 of the
Board's regulations for the "Transportation of Dangerous Commodi-
ties by Rail", if:
(1) The location, design, construction and operation of the Compliance
facilities comply at all times with the provisions of this with, .
Circular. regulations.
(2) It is established that compliance with the regulations Hardship
of Section 73.432 would create an unnecessary and unreasonable Pr°ven.
hardship for the applicant. Applicant shall give reasons why
382
Permanent
facilities
not
available.
Approval
of Fire
Marshal.
Approved
Tank
Truck.
Location
description.
Railway
approval.
Evidence by
applicant.
Evidence
by railway.
Drawing
require-
ments.
permanent facilities complying with the applicable General
Order cannot be justified and shall advise the railway company
as to the probable number of tank cars to be handled, frequency
of connections to loading or unloading pipe and period for
which approval is required.
Note: See Section 27 re period of approval.
(3) Temporary loading or unloading facilities for flammable
liquids, Anhydrous Ammonia or Liquefied Petroleum Gases are
not located within 5 miles of Board approved permanent facilities
for the same commodity. Chlorine and Crude Petroleum facili-
ties are exempt from this requirement.
Note: The purpose of this requirement is to ensure that a situa-
tion of unfair competition is not established between
Board approved permanent and temporary installations as
a result of a relaxation of the regulations.
(4) The Provincial Fire Marshal, or other local fire pre-
vention authority having jurisdiction in the surrounding area,
has indicated by letter or telegram to the railway company con-
cerned that he has no objection to the proposed operation. Such
approval is to be obtained by the applicant.
(5) The tank trucks or process vessels to be used in the
loading or unloading operation are approved by and registered
with the Provincial authority concerned for the intended service.
The applicant's statement that this requirement has been com-
plied with will be sufficient.
(6) The location is accurately described as to town or city,
railway mileage, subdivision and division.
(7) The application for Board approval is submitted through
the railway company concerned.
(8) Evidence as to compliance with subsections (1), (2),
(4), (5) and (6) of this Section is submitted by letter or
telegram by the applicant to the railway concerned.
(9) Evidence as to compliance with subsections (3) and (8)
is submitted by letter or telegram to the Board by the railway
company concerned.
Section 1A. — In addition to the requirements of Section 1, appli-
cations for approval for a period exceeding 6 months' duration shall
be accompanied by drawings prepared in accordance with the draw-
ing requirements of the General Order which pertains to permanent
installations of the same commodity, except that the area to be shown
on the drawing shall be consistent with the distance requirements
of Part II of this Circular.
Distance
from
public or
residential
buildings.
PART II
Distance Requirements
Section 2. — The horizontal distance from the loading or unloading
connection of the tank car and tank truck, when in position for
loading or unloading, to the nearest point of any occupied station,
383
or other public or residential building or place of public assembly
shall not be less than that prescribed in this section:
More than one
tank car being
loaded or
Single unloaded at
Tank Car same time
(1) Class I flammable liquids
(flash points of 80°F. and
below), including Crude
Petroleum 225 feet 300 feet
(2) Anhydrous Ammonia 225 feet 300 feet
(3) Liquefied Petroleum Gas . 300 feet 400 feet
(4) Chlorine 350 feet 470 feet
Section 3. — Except as provided in Section 5, the horizontal Distance
distance from the loading or unloading connection of the tank car JjJJjJ
and tank truck, when in position for loading or unloading, to the elevators,
nearest point of any warehouse used for the storage of a combustible etc-
material or a dangerous commodity listed as such in the Board's
regulations; any grain elevator, engine house, repair shop, or other
similar processing or storage building shall not be less than that
prescribed in this Section:
More than one
tank car being
loaded or
Single unloaded at
Tank Car same time
(1) Class I flammable liquids
(flash points of 80°F. and
below), including Crude
Petroleum 115 feet 150 feet
(2) Anhydrous Ammonia .... 115 feet 150 feet
(3) Liquefied Petroleum Gas . 150 feet 200 feet
(4) Chlorine 175 feet 235 feet
Section 4. — Except as provided in Section 5, the distance from Distance
the loading or unloading connection of the tank car and tank truck, *rom non"
when in position for loading or unloading, to the nearest point of any storage,
tool storage house, any warehouse used for the storage of a non-
combustible and "non-regulated commodity", or any other similar
unoccupied building shall not be less than 50 feet.
Section 5. — The requirements of Section 3 and Section 4 shall be Distance
waived for those buildings which are owned by the company or co^any
person operating the installation and which are used exclusively for owned
the storage or processing of the commodity being unloaded if such bulldmss-
buildings are not less than 200 feet from the gauge side of the nearest
rail of any main track and the distance requirements of Section 3 and
Section 4 with respect to other buildings are satisfied.
Section 6. — During loading or unloading, the distance between Distance
the tank car, when spotted for loading or unloading, and another between
tank car containing a different "dangerous commodity", measured tank cars'
between the nearest points of the two tank shells, shall not be less
than 100 feet.
384
Distance
from
main
track or
public
road.
Distance
from
tank
truck.
Distance
from
engines.
Distance
from
loading or
unloading
racks.
Electrical
standards.
Section 7. — The horizontal distance from the loading or unload-
ing connection of the tank car and tank truck, when in position for
loading or unloading, to the gauge side of the nearest rail of any main
track and the nearest edge of a public street or road shall not toe
less than that prescribed in this Section:
More than one
tank car being
loaded or
Single unloaded at
Tank Car same time
( 1 ) Class I Flammable Liquids,
Crude Petroleum, Anhy-
drous Ammonia
Liquefied Petroleum Gases
and Chlorine
50 feet
75 feet
(2)
Note: See Section 13.
In no case shall the distance
be less than that prescribed
in (1) of this Section, but it
is recommended that greater
distances be maintained where
practicable.
Section 8. — The distance from the nearest point on a tank car
shell to the nearest point on a tank truck shell shall not be less than
10 feet.
Section 9. — The distance from the nearest point on a tank car
shell and the nearest point on an internal combustion engine shall
not be less than 25 feet.
Section 10. — The distance of the loading or unloading rack, or
terminal, or other structure from the tank car track shall be as
follows:
(1) That portion of loading or unloading racks or other
structures over 4 feet high shall be at least 6 feet from the
gauge side of the nearest rail of the loading or unloading track.
That portion of the structure 4 feet or less in height shall be at
least 3 feet 7| inches from the gauge side of the nearest rail
of the loading or unloading track, except for nonstandard gauge
track in the Province of Newfoundland where this clearance
distance shall be at least 3 feet 10 inches. When the track is
curved, the clearance distance shall be increased one inch per
degree of track curvature.
(2) Loading and unloading terminals or structures of an
over-all height that is less than 4 feet shall be located at least
6 feet from the gauge side of the nearest rail of the loading or
unloading track.
PART III
Piping and Equipment
Section 11. —
(1) All electrical motors, equipment, switches, wiring,
lighting, etc., within 25 feet of the nearest point of a tank car or
tank truck shell containing a Class I flammable liquid, Crude
Petroleum, or a Liquefied Petroleum Gas shall comply with the
requirements of the latest edition of the Canadian Electrical Code
for Class I, Division I, Group D hazardous locations.
385
(2) All electrical motors, equipment, switches, wiring,
lighting, etc., within 25 feet of the nearest point of a tank car
or tank truck shell containing Anhydrous Ammonia or Chlorine
shall comply with the requirements of the latest edition of the
Canadian Electrical Code for corrosive atmospheres (category 2).
Section 12. —
(1) Except as provided in subsection (2) of this Section, Piping,
the location, design, construction and operation of all piping,
valves, gauges, fittings, hose, pumps and other transfer equip-
ment shall comply in all respects with the requirements of the
General Order pertaining to permanent installations of the same
commodity. In the case of Chlorine for which there is no general
order, piping and transfer facilities shall be in accordance with
the regulations of the Province concerned, but in no case shall
they comply with lower standards than those recommended by
the Chlorine Institute in its pamphlet entitled "Recommended
Specifications for Stationary Chlorine Storage Installations".
(2) Pipe lines not more than 18 inches above ground and
not exceeding 2 inches in diameter (nominal) may be carried
on wooden supports constructed from 4-inch by 4-inch lumber
provided these supports are installed in a manner that will
ensure that the piping is adequately supported, are spaced at
intervals not exceeding 6 feet and are renewed annually after
the spring thaw.
PART IV
Loading or Unloading Operations
Section 13. — Loading or unloading operations shall be discon- °nce°ofinU~
tinued by closing the discharge shut-off valve while any portion of operations
an occupied passenger train is within 200 feet and any portion of a while
working freight train is within 100 feet of the loading or unloading ^Snity!
connection of the tank car.
Section 14. —
( 1 ) The requirements of this Section do not apply with N° smoking
respect to Chlorine or Anhydrous Ammonia installations. (Seeorwe mg"
Section 15.)
(2) Smoking and the use of open flame lights shall be
prohibited within 50 feet of the tank car and tank truck shell
while loading or unloading operations are in progress and signs
bearing the wording "Danger — No Smoking" in letters not less
than 2 inches high by 1J inches wide shall be posted at least 50
feet from the tank car and tank truck shells in locations which
are readily visible to any one approaching the site. Where
practicable, a "no smoking" distance of not less than 100 feet
should be maintained.
(3) Welding and similar burning operations shall be pro-
hibited within 150 feet of the tank car or tank truck shell while
loading or unloading operations are in progress.
Section 15. — At Chlorine and Anhydrous Ammonia loading or Danger
unloading sites, suitable signs bearing the wording "Danger — signs.
Chlorine" or "Danger — Ammonia" as applicable, in letters not less
than 2 inches high by 1^ inches wide shall be posted at least 25 feet
from the tank car and tank truck shell in locations which are readily
visible to any one approaching the site.
386
Bonding
and
grounding
of track.
Tank car
"Stop"
sign.
Tank car
brakes.
Disconnect-
ing.
Supervision.
Lighting.
Fire
extin-
guishers.
Tank
truck
brakes.
Venting
gases.
Derails.
Section 16. —
(1) Except as provided in subsection (2) of this Section,
the section of track used for loading or unloading Liquefied
Petroleum Gases or Class I flammable liquids (including Crude
Petroleum) shall be bonded and grounded in accordance with
General Order No. 602.
(2) Loading or unloading of tank cars to tank trucks or to
process vessels shall be prohibited on tracks equipped for electric
operation or which are subject to stray electric currents as a
result of crossing street car lines, etc.
Section 17. —
(1) The tank car, during loading or unloading operations,
shall be protected on the connected end or ends of the siding
by a sign of metal or other suitable material 12 x 15 inches in
size and reading "STOP— TANK CAR CONNECTED". The
word "Stop" shall be in letters at least 4 inches high and the
other words in letters at least 2 inches high. Letters shall be
white on a blue background. The "Stop" sign shall be placed
on the tank car or on the loading or unloading track in a manner
that will ensure it is always visible to the crew of an engine
on the same track.
(2) During loading or unloading operations, tank car hand
brakes shall be kept applied and the wheels at both ends of the
tank car shall be blocked.
(3) Tank cars shall be disconnected from pipe lines
immediately after the completion of loading or unloading
operations.
(4) At least one experienced operator supplied by the con-
signee or the consignor, as the case may be, shall supervise the
loading or unloading operations. During the absence of the
operator supervising the loading or unloading operations from
the immediate vicinity of the tank car, all valves shall be closed
and the tank car shall be disconnected from the piping system.
(5) Loading or unloading operations shall only be carried
out during the hours of daylight unless adequate permanent
lighting installed in accordance with Section 11 is provided.
Section 18. — At least one 15-pound carbon dioxide, dry chemical,
or other fire extinguisher of a size and type suitable for putting out
small fires of the type likely to be encountered at the loading or
unloading site shall be readily available.
Section 19. — The hand brake of the tank truck shall be set and
the rear wheels blocked while loading or unloading operations are
in progress.
Section 20. — Liquefied Petroleum Gases, Chlorine or Anhydrous
Ammonia shall not be vented to the atmosphere to assist in the
transfer of these commodities between tank car and tank truck or
process vessel.
Section 21. —
(1) Where practicable, Flammable Liquid, Liquefied Petro-
leum Gas and Anhydrous Ammonia tank cars should be protected
during loading or unloading by a locked derail or switch located
at least one car length from the tank car on the connected end
or ends of the track.
387
(2) For Chlorine tank cars located on carrier's property,
the recommendations of subsection (1) of this Section shall be
mandatory.
Section 22. — The loading or unloading of Chlorine and Anhy- Protective
drous Ammonia tank cars on carrier's property shall not be under- equipment,
taken unless gas masks of a type approved by the U.S. Bureau of
Mines for the intended service are readily available.
PART V
General
Section 23.— The area within 50 feet of the shells of the tank Grass
car and tank truck, when in position for loading or unloading, shall weeds,
be kept free of debris and any combustible, flammable or hazardous
material. Grass and weeds within this area shall be kept cut to a
height not exceeding 6 inches.
Section 24. — Any spills of a dangerous commodity shall be sPills-
cleaned up immediately.
Section 25. — Defective piping, valves, fittings or equipment shall Repairs,
be repaired or replaced immediately.
Section 26. —
( 1 ) Tank cars shall comply in all respects with the Board's Tank car
regulations for the "Transportation of Dangerous Commodities J^^jg6"
by Rail".
(2) The liquid and gaseous discharge connections of Lique- Excess
flow
valves.
fied Petroleum Gas and Chlorine tank cars and the liquid dis :
charge connection of Anhydrous Ammonia tank cars shall be
equipped with excess flow valves.
Section 27. — In no case will approval be granted for a period longer Period of
than one year, but at the end of the approval period, the applicant may approval,
re-apply in accordance with the procedure prescribed in Part I.
Section 28. — The owner or operator of the loading or unloading Reporting,
facilities shall report by wire to the railway company and the Director
of Operation, Board of Transport Commissioners, Ottawa, every
incident resulting in damage to those facilities, and every incident,
such as a fire or explosion, which may be attributed in whole or in
part to the commodity being handled, to failure of the approved
facilities, or to faulty operating procedures, whether or not damage
occurs. A detailed report shall be submitted by mail.
Section 29. — The requirements contained herein shall be con- Responsi-
sidered as minimum safety requirements. Compliance with these blllty-
requirements does not relieve the applicant of responsibility for the
safety of the loading or unloading operations under conditions not
specifically covered by this Circular.
Section 30. — All dangerous commodity facilities approved in inspection,
accordance with the requirements of this Circular are subject to
inspection at any time by any duly authorized inspector of the Board.
By Order of the Board,
C. W. RUMP,
Secretary.
388
SUMMARY OF ORDERS ISSUED BY THE BOARD
98916 Aug. 24 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
98917 Aug. 24 — Authorizing the Twp. of Ekfrid, Ont., to improve the approach grades
where the highway crosses the C.P.R. at Mileage 24.21 Windsor Subd.
98918 Aug. 24 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 4 at False Bay, N.S., Mileage 15.81
St. Peters Subd.
98919 Aug. 24 — Requiring the New York Central Railroad Company (Michigan
Central Railroad) to install automatic protection at the crossing of
its railway and Dunnville Road (Highway No. 3) near Canfield, Ont.
98920 Aug. 24 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tions 3 and 8 of the Maritime Freight Rates Act.
98921 Aug. 24 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
98922 Aug. 24 — Authorizing Westcoast Transmission Company Limited to construct
a pipe line at certain locations in the Peace River District of B.C.
98923 Aug. 24 — Authorizing the Westcoast Transmission Company Limited to con-
struct a pipe line at certain locations in the Peace River District of
B.C.
98924 Aug. 24 — Authorizing BP Refinery Canada Limited to construct a crude oil
pipe line across and under the pipe line of Trans-Northern Pipe Line
Company, in Montreal East, P.Q., formerly situated in Lot 68, Parish
of Pointe aux Trembles.
Requiring the New York Central Railroad Co. (Michigan Central
Railroad) to install automatic protection at crossing of its railway
and Highway No. 3-A at Hewitt, Ont.
Amending Order No. 98219 which authorized the C.P.R. to construct
a siding across the unopened lane of block east of Marshall Ave.,
Medicine Hat, Alta., to serve Alberta Wheat Pool Elevators Limited.
Authorizing the removal of the speed limitation at the crossing of
The Chesapeake & Ohio Rly. Co. and Park Ave. in Chatham, Ont.,
Mileage 17.40 No. 2 Subd.
Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Mount Pearl crossing, Nfld., Mileage 3.37 St. John's
Subd.
Authorizing the C.P.R. to remove the caretaker at Ohaton, Alta.
Authorizing the Corp. of the District of Coquitlam, B.C., to construct
a water main across and under the pipe line of Trans Mountain Oil
Pipe Line Company at Thomas Avenue, and also at unnamed streets
south of Thomas Avenue, Munic. of Coquitlam, B.C.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 7, Mileage 46.20 Dartmouth Subd.,
N.S.
98932 Aug. 25 — Authorizing the Twp. of Ekfrid, Ont., to improve the approach grades
at crossing of its township road and the C.N.R. at Mileage 15.78
Chatham Subd.
98933 Aug. 25 — Requiring the N.S. Dept. of Highways to install automatic protection
at crossing of the highway and the C.N.R. at first public crossing east
of station at West River, N.S., Mileage 20.61 Hopewell Subd.
98934 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Barney's River East Side Road, N.S., Mileage
67.03 Hopewell Subd.
98935 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Mabou Crossing on Trunk No. 19, Co. of Inver-
ness, Mileage 39.60 Inverness Subd., N.S.
98925 Aug. 24—
98926 Aug. 24—
98927 Aug. 24—
98928 Aug. 24—
98929 Aug. 24—
98930 Aug. 24—
98931 Aug. 25—
389
98936 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 5 in the Prov. of Sask., Mileage
116.1 Blaine Lake Subd.
98937 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 25-A near St. Thomas, Ont.,
Mileage 1.24 Chatham Subd.
98938 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Cournoyer Blvd., Tracy, P.Q., Mileage 42.20
Sorel Subd.
98939 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Greenfield Road in Colchester Co., N.S., Mileage
3.04 Hopewell Subd.
98940 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Windsor Junction Road, Mileage 0.50 Dart-
mouth Subd., N.S.
98941 Aug. 25 — Amending Order No. 98554 which authorized the installation of
automatic protection at the crossing of the C.N.R. and Church Road
in St. Arsene, P.Q., Mileage 75.86 Rimouski Subd.
98942 Aug. 25 — Authorizing the Corp. of the District of Coquitlam, B.C., to construct
a concrete sewer main across and under the pipe line of Trans
Mountain Oil Pipe Line Co. at Laurentian Crescent, B.C.
98943 Aug. 25 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
98944 Aug. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Sheet Harbour Road at Upper Musquodoboit,
N.S., Mileage 81.70 Dartmouth Subd.
98945 Aug. 26 — Approving plan submitted by Niagara Gas Transmission Ltd. show-
ing location of gas main across and under the pipe line of Trans-
Northern Pipe Line Co. in the Twp. of Cornwall, Ont.
98946 Aug. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 3 at Port Mouton, N.S., Mileage
12.42 Yarmouth Subd.
98947 Aug. 26 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 154.22 Clarenville Subd., Nfld.
98948 Aug. 26 — Approving tolls published in tariffs filed by the C.P.R. under Section
3 of the Maritime Freight Rates Act.
98949 Aug. 26 — Extending the time within which the N.Y. Central Railroad Company
is required to install automatic protection at crossing of its railway
and Lake St. in Town of Huntingdon, P.Q.
98950 Aug. 26 — Amending Order No. 93812, re apportionment of cost of installing
improved protection at crossing of the C.N.R. and road between
Lots 22 and 23 in Con. 11, Twp. of Otonabee, Ont., Mileage 59.5
Campbellford Subd.
98951 Aug. 26 — Authorizing the Sask. Power Corporation to construct a natural gas
pipe line across and under the pipe line of Trans-Canada Pipe Lines
Limited at certain locations in the Prov. of Sask.
98952 Aug. 26 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 1.93 Manitouwadge Subd., Ont.
98953 Aug. 26 — Authorizing the C.N.R. to reconstruct their bridge at Mileage 85.8
Wabamun Subd., Alta.
98954 Aug. 27 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
98955 Aug. 27 — Amending Order No. 89189, re apportionment of cost of widening
the overhead bridge at crossing of the C.P.R. in Lot 2, Cone. 6, Twp.
of South Orillia, Ont., Mileage 3.08 Port McNicoll Subd.
98956 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 3 in Barrington West, N.S.,
Mileage 84.00 Yarmouth Subd.
390
98957 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 3 near Tusket, N.S., Mileage 127.75
Yarmouth Subd.
98958 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Trunk No. 3, in the County of Yarmouth, N.S.,
Mileage 108.70 Yarmouth Subd.
98959 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Shore Road, N.S., Mileage 93.61 Sydney Subd.
98960 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway north of Laurel Station, Ont.,
Mileage 7.38 Owen Sound Subd.
98961 Aug. 27 — Authorizing the C.P.R. to remove the caretaker-agent and appoint a
caretaker at Ivanhoe, Ont.
98962 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Trunk No. 3, Co. of Shelburne, N.S., Mileage
79.70 Yarmouth Subd.
98963 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 10, one mile south of Springfield,
N.S., Mileage 24.42 Middleton Subd.
98964 Aug. 27 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Trunk No. 10, Co. of Annapolis, N.S., Mileage
49.59 Middleton Subd.
98965 Aug. 27 — Approving tolls published in tariffs filed by the Sydney and Louis-
burg Rly. Co. under Section 8 of the Maritime Freight Rates Act.
98966 Aug. 27 — Dismissing application of the C.N.R. to discontinue the agency at
Alma, Ont.
98967 Aug. 27 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
98968 Aug. 28 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highways Nos. 7 and 12, Blackwater, Ont.,
Mileage 18.88 Uxbridge Subd.
98969 Aug. 28 — Authorizing the C.P.R. to operate over the industrial spur track in
the City of Regina, Sask., at Mileage 90.8 Indian Head Subd.
98970 Aug. 28 — Authorizing the C.P.R. to remove the station agent at Roche Percee,
Sask.
98971 Aug. 28 — Dismissing the application of the C.P.R. for authority to remove the
station agent and appoint a caretaker at Macoun, Sask.
98972 Aug. 28 — Authorizing the County of Lambton, Ont., to construct the highway
across the Michigan Central Railway between Cone. 4 and 5, Lot 19,
Twp. of Moore, Ont., Mileage 60.97 St. Clair Subd.
98973 Aug. 28 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Town Line Road at Mileage 39.66 Newmarket
Subd., Ont.
98974 Aug. 28 — Amending Order No. 95781, re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Highway
No. 45 west of Villemontel, P.Q., Mileage 57.08 Amos Subd.
98975 Aug. 28 — Authorizing the Alberta Government Telephones to construct an
underground cable across and under the pipe line of Trans Mountain
Oil Pipe Line Company in Sec. 9, Twp. 52, Rge. 24, W.4M., Alta.
98976 Aug. 28 — Extending the time within which the B.C. Electric Company Limited
is authorized to operate its gas pipe line on the Second Narrows
Bridge in the City of Vancouver, B.C.
98977 Aug. 28 — Exempting the C.P.R. from erecting right of way fencing on the
north side of its Shuswap Subd. between Mileages 26.1 and 27.0, B.C.
98978 Aug. 28 — Authorizing the Dept. of Roads for Quebec to widen the road surface
of the approacnes to the highway where the highway crosses the
C.N.R. at Mileage 12.47 Sorel Subd., P.Q.
391
98979 Aug. 28 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Victoria Drive, Vancouver, B.C., Mileage 126.9
Cascade Subd.
98980 Aug. 28 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Joseph Road, at Charlesbourg, P.Q., Mileage 5.12
Batiscan Subd.
98981 Aug. 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 27, Chandler Subd., P.Q.
98982 Aug. 28 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. near Owen Sound, Ont., Mileage 71.28 Owen
Sound Subd.
98983 Aug. 28 — Authorizing the Department of Roads for Quebec to widen the
approaches, etc., to the highway where it crosses St. Theresa West
Road and the Quebec Central Rly. Co. at Mileage 4.49 Levis Subd.,
P.Q.
98984 Aug. 28 — Amending Order No. 69125 which authorized the C.N.R. to operate
over the private siding serving The Schutz Tile & Gravel Co. Ltd.,
across Prov. Highway No. 6 in the Town of Durham, Ont.
98985 Aug. 31 — Authorizing the C.N.R. to make alterations to the inter-locker at
crossing of their railway at St. James, Man., Man. Dist., Winnipeg
Terminal Div., Mileage 4.1 Oakpoint Subd., and the C.P.R. Co.'s
airport spur.
98986 Aug. 31 — Authorizing the Town of Montreal South to construct Lafayette
Blvd. across the C.N.R. at Mileage 1.26 Sorel Subd.
98987 Aug. 31 — Authorizing the C.N.R. to divert a portion of their Viking Subd.,
in the Prov. of Alta., in the vicinity of Mileage 8.4.
98988 Aug. 31 — Authorizing the Saskatchewan Dept. of Highways and Trans-
portation to widen Highway No. 6 across the C.N.R. in the Town of
Watson, Sask.
98989 Aug. 31 — Authorizing the B.C. Department of Highways to construct the high-
way across the Northern Alberta Rlys. Co. at Mileage 119.06 Grande
Prairie Subd., B.C.
98990 Aug. 31 — Authorizing the removal of the speed limitation at the crossing of the
Quebec Central Railway and St. Alphonse St. south of Thetford
Mines, P.Q., Mileage 68.93 Quebec Subd.
98991 Aug. 31 — Approving proposed flammable liquid storage facilities of British
American Oil Company Ltd. at East Illecillewaet, B.C., Mileage 95.1
Mountain Subd., C.P.R.
98992 Aug. 31 — Approving flammable liquid storage facilities of Husky Oil and
Refining Limited at Savant Lake, Ont., Mileage 78.4 Allanwater
Subd., C.N.R.
98993 Aug. 31 — Authorizing the Twp. of Sandwich South to improve the approach
grades of Town Line Road where it crosses the N.Y.C. Railroad Co.
in the Twps. of Sandwich South and Maidstone, at Mileage 113.71
Main Line Subd. from Niagara Falls, Ont.
98994 Aug. 31 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Eriksdale, Man., Mileage 86.25 Oak Point Subd.,
C.N.R.
98995 Aug. 31 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at Norquay, Sask., Mileage 45.37 Preeceville Subd.,
C.N.R.
98996 Sept. 1 — Authorizing Inland Natural Gas Company Limited to construct gas
main across the C.N.R. at certain locations across the Fraser River
at Prince George, B.C.
98997 Sept. 1 — Authorizing the Quebec Natural Gas Corporation to construct a gas
main across the C.N.R. at Candiac, P.Q., Mileage 15.36 Massena Subd.
392
98998 Sept.
98999 Sept.
99000 Sept.
99001 Sept.
99002 Sept.
99003 Sept.
99004 Sept.
99005 Sept.
99006 Sept.
99007 Sept.
99008 Sept.
99009 Sept.
99010 Sept.
99011 Sept.
99012 Sept.
99013 Sept.
99014 Sept.
99015 Sept.
99016 Sept.
99017 Sept.
99018 Sept.
— Rescinding Order No. 87795 which approved facilities of Supertest
Petroleum Corp. Limited, for storage of flammable liquids near the
C.P.R. at Joliette, P.Q.
— Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. being the third crossing south of the
station at Bradford, Ont., Mileage 39.66 Newmarket Subd.
— Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Westchester, N.S., Mileage 33.27
Springhill Subd.
— Authorizing the removal of the speed limitation at the crossing of
Breslau Road and the Grand River Railway Co. at Hagey, Ont.,
Mileage 5.9 Waterloo Subd.
— Authorizing the C.P.R. to remove the caretaker at Elva, Man.
— Authorizing the C.N.R. to construct a public access road by means
of an overhead bridge in Moncton Yard, Moncton, N.B., at Mileage
3.8 Harcourt Subd.
— Amending Order No. 89186, re apportionment of cost of reconstruct-
ing the overhead bridge at intersection of Highway No. 2 and main
line of The T.H. & B. Railway Co., Twp. of Brantford, Ont., Mileage
59.17 Waterford Subd.
— Rescinding Order No. 68396 which approved the location of facilities
of C. E. Belzil, near the tracks of the C.N.R. at Pointe Levis, P.Q.
— Authorizing the removal of the speed limitation at the crossing of
the N.Y.C. Railroad Co. and New Erin Road, at New Erin, P.Q.,
Mileage 22.4 Adirondack and Malone Branch.
— Authorizing the C.P.R. to operate under the overhead bridge in
Lot 10, Cone. 1, Twp. of Elizabethtown, Ont., Mileage 26.71 Brock-
ville Subd.
— Authorizing the C.P.R. to use and operate the bridge at Mileage 85.9
Princeton Subd., B.C.
— Authorizing the C.N.R. to operate the car ferry slip on Okanagan
Lake, at Naramata, B.C.
— Rescinding Order No. 70505 which approved facilities of Imperial
Oil Limited for handling and storage of flammable liquids near the
C.N.R. at St. Felicien, P.Q.
— Exempting the C.P.R. from erecting and maintaining right of way
fencing on both sides of its Emerson Subd. between Mileage 47.0
and Mileage 48.0, Man.
— Rescinding Order No. 76524 which approved location of facilities
of Imperial Oil Limited near the C.P.R. tracks at Ste. Agathe, P.Q.
— Rescinding Order No. 60950 which approved location of facilities
of Les Petroles du Saguenay, Enr., near the tracks of the C.N.R.
at Roberval, P.Q.
— Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Second St. in the Twp. of London, Ont., Mileage
111.39 Gait Subd.
— Authorizing the C.N.R. to reconstruct the overhead bridge at
Mileage 5.2 Cowichan Subd., B.C.
— Authorizing the Alberta Dept. of Highways to widen Highway No.
50.02 where it crosses the N.A.R. Co. at Mileage 34.02 Grande
Prairie Subd., Alta.
— Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Woodroffe Ave., Nepean Twp., Ont., Mileage
8.60 Beachburg Subd.
— Authorizing the C.N.R. to reconstruct the overhead bridge carrying
Birchmount Ave. across their right of way between Lots 30 and 31,
Cone. 3, Twp. of Scarborough, Ont., Mileage 326.6 Oshawa Subd.
393
99019 Sept. 2 — Authorizing the removal of the speed limitation at the crossing of
Kalar Road and the C.N.R. at Mileage 4.02 Welland Subd., Ont.
99020 Sept. 2 — Authorizing Lakeland Natural Gas Limited to construct a gas main
across and under the pipe line of Trans Northern Pipe Line Company
in the road allowance between Lots 2 and 3, Cone. 3, Twp. of King-
ston, Ont.
99021 Sept. 2 — Authorizing the removal of the speed limitation at the crossing of
Township Road and the C.N.R. at first public crossing east of station
at Ridgeway, Ont., Mileage 8.88 Dunnville Subd.
99022 Sept. 2 — Approving location of special design station to be erected at Terrace,
B.C., by the C.N.R.
99023 Sept. 2 — Authorizing the removal of the station agent from June 1 to Sept. 30
each year and appointing a caretaker for the full twelve months, at
St. Irenee, P.Q.
99024 Sept. 2 — Authorizing the C.N.R. to remove the assistant station agent at
Beaverton East, Ont.
99025 Sept. 2 — Authorizing the City of Corner Brook, Nfld., to divert the highway
along the south side of the C.N.R. from approximately Mileage 409.71
to Mileage 409.56 Port aux Basques Subd., Nfld.
99026 Sept. 2 — Authorizing the Consumer's Gas Company to construct a gas main
across and under the pipe line of Trans Canada Pipe Lines Limited
at Sunnidale Road in Lot 19, Cone. 6, Twp. of Vespra, Ont.
99027 Sept. 2 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 3 1.65 miles west of the station
at St. Francois du Lac, P.Q., Mileage 9.75 Yamaska Subd.
99028 Sept. 2 — Approving Appendix and Supplement to Traffic Agreement between
The Bell Telephone Company of Canada and Telephone de St-
Germain de Drummond Limitee.
99029 Sept. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 125 Three Hills Subd., Alta.
99030 Sept. 2 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99031 Sept. 2 — Authorizing the C.N.R. to remove the station agent at Fonthill,
Ont.
99032 Sept. 3 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99033 Sept. 3 — Authorizing the Township of West Nissouri, Ont., to construct a
municipal drain across and over the pipe line of the Interprovincial
Pipe Line Company in Lot 25, Cone. 1, Twp. of West Nissouri.
99034 Sept. 3 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to reconstruct the existing underpass which carries Highway No. 39
under the C.P.R. at Estevan, Sask., Mileage 0.67 Neptune Subd.
99035 Sept. 3 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 96.7 Cranbrook Subd., B.C.
9903G Sept. 3 — Authorizing the Quebec Dept. of Roads to widen Highway No. 6
across the right of way of the C.N.R. in the Munic. of Pabos, County
of Gaspe South, P.Q., Mileage 45.86 Chandler Subd.
99037 Sept. 3 — Authorizing the Ontario Dept. of Highways to relocate and widen
Highway No. 53 across the C.N.R. in Lot 14, Cone. 1, Twp. of
Glanford, Ont., Mileage 7.12 Hagersville Subd.
99038 Sept. 3 — Authorizing the B.C. Dept. of Highways to construct and maintain
Highway No. 192A across the N.A.R. Co. at Mileage 117.26 Grande
Prairie Subd., B.C.
99039 Sept. 3 — Authorizing the Twp. of Etobicoke to construct an asphalt sidewalk
across the C.P.R. and the Queensway, in part of Lot 6, Cone. 3, Twp.
Etobicoke, Co. of York, Ont., Mileage 1.21 Canpa Subd.
99040 Sept. 3 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
394
99041 Sept. 4 — Rescinding Order No. 68398 which approved the location of facilities
of Imperial Oil Limited, near the tracks of the C.P.R. at Crossfield,
Alta.
99042 Sept. 4 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Reward, Sask., Mileage 14.57 Bodo Subd., C.N.R.
99043 Sept. 4 — Authorizing the C.N.R. to change the protection from manually con-
trolled to automatically controlled at crossing of their railway and
Ontario St., Cobourg, Ont., Mileage 264.5 Oshawa Subd.
99044 Sept. 4 — Authorizing the C.N.R. to remove the station agent and appoint a
caretaker at Roland, Man.
99045 Sept. 4 — Approving Drawing submitted by The Chesapeake & Ohio Railway
Company showing the extension of centralized train control from
Blenheim to the east switch at Ridgetown, Ont.
99046 Sept. 4 — Authorizing the City of Winnipeg to construct the highway across
the C.P.R. by means of an overpass in the City of Winnipeg, Man.,
Mileage 125.42 Keewatin Subd.
99047 Sept. 4 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Third Ave. East in Owen Sound, Ont., Mileage
71.28 Owen Sound Subd.
99048 Sept. 4 — Rescinding Order No. 67582 which approved facilities of Imperial
Oil Limited for storage of flammable liquids near the C.P.R. at Pont
Rouge, P.Q.
99049 Sept. 4 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Westbourne, Man., Mileage 17.1 Minnedosa
Subd.
99050 Sept. 4 — Rescinding Orders 76531 and 79806 which approved facilities of
Imperial Oil Limited for storage of flammable liquids near the C.P.R.
at St. Jovite, P.Q.
99051 Sept. 4 — Dismissing application of the C.N.R. for authority to remove the care-
taker at Shallow Lake, Ont.
99052 Sept. 8 — Approving application of the Town of New Waterford, N.S., for
protection at the crossing of Mahon St. and the Sydney and Louis-
burg Rly. Co. at Mileage 6.5 Victoria Subd.
99053 Sept. 8 — Rescinding Orders 84447, 86708 and 87473 which approved facilities
of New Superior Oils of Canada Limited for storage of flammable
liquids near the C.P.R. near Ullin, Alta., Mileage 64.7 Alberta Central
Subd.
99054 Sept. 8 — Authorizing the Ontario Dept. of Highways to construct the highway
across the C.N.R. by means of an overhead bridge at Mileage 77.19
Milton Subd., Twp. of Innisfil, south of Allandale, Ont.
99055 Sept. 9 — Approving Drawing submitted by the City of Corner Brook, Nfld.,
showing details of the subway at the crossing of Petrie St. and the
C.N.R., Mileage 408.8 Port aux Basques Subd.
99056 Sept. 9 — Authorizing the City of Edmonton to construct 86th St. across the
C.P.R. at Mileage 171.74, and 99th St. across the C.P.R. at Mileage
173.01, both in Willingdon Subd., Edmonton, Alta.
99057 Sept. 9 — Authorizing the C.P.R. to operate over the pedestrian tunnel at
Calgary Station, Alta., Mileage 0.00 Laggan Subd.
99058 Sept. 9— Authorizing the City of Guelph to widen Woodlawn Road across
the C.N.R. at Mileage 32.22 Fergus Subd., Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
&fje Poarb of
Cranstyort Commissioners; for Canatm
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, OCTOBER 15, 1959 No. 14
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
Page
1. INTRODUCTION 396
2. PRODUCTION OF LUMBER IN CANADA 398
3. FREIGHT RATE STRUCTURE IN WESTERN CANADA 399
Mountain Differential Adjustment 399
Vancouver versus Seattle rates . 400
Equalization of rates 402
4. FREIGHT RATE STRUCTURE FROM WESTERN TO EASTERN
CANADA 413
5. FREIGHT RATE STRUCTURE IN EASTERN CANADA 415
6. SUBMISSIONS OF RAILWAYS AND LUMBER INTERESTS 416
7. DISCUSSION 423
8. CONCLUSION AND FINDINGS 426
In the matter of the General Freight Rates Investigation directed by Order in
Council P.C. 1487 dated April 7, 1948, (Equalization Case) and of Section
336 of the Railway Act, (National Freight Rates Policy) re commodity
freight rates on lumber and forest products.
File 47828.4
Heard at:
Vancouver, B.C., March 3, 1958.
Ottawa, Ont., June 4, 5 and 6, 1958.
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
F. M. MacPherson, Commissioner.
L. J. Knowles, Commissioner.
While Mr. F. M. MacPherson attended the hearings in this matter he
retired from his post as Commissioner on March 29, 1959 and consequently has
not participated further in these proceedings.
395
76050-4—1
396
Appearances:
C. W. Brazier, Q.C., )
and [for the British Columbia Lumber Manufac-
J. G. Alley, ] turers' Association.
J. J. Frawley, Q.C., for the Province of Alberta; Revelstoke
Sawmill Co. Ltd.; Manning Egleston
Lumber Co. Ltd.; Beaver (Alberta)
Lumber Ltd. and W. H. Clark Lumber Co.
Ltd.
V. M. Stechishin,
H. A. Mann,
L. J. Rees
and
H. Tisdell,
H. J. Craig,
L. A. Surtees
and
M. Kalamakoff,
P. W. Peters,
R. Halliday
and
J. H. Williams,
L. Bienvenue,
R. P. C. McLeod,
K. D. M. Spence, Q.C.,
and
A. J. Alliston,
for the Manitoba Transportation Commis-
sion.
for the Maritime Transportation Commis-
sion and the Maritimes Lumber Bureau.
for the Interior Lumber Manufacturers'
Association.
for the Western Retail Lumbermen's Associ-
ation.
•for Saskatchewan Timber Board.
for Federated Co-operatives Ltd. of Sas-
katoon.
for Canadian Lumbermen's Association.
for Western Quebec Forestry Association,
for Ontario Northland Railway.
J- for Canadian Pacific Railway Company.
J. W. G. Macdougall, 1
and [for Canadian National Railways.
W. G. Boyd,
By the Board:
JUDGMENT
1. INTRODUCTION
Reference to the matter of equalization of rates on lumber appears in
the Board's judgment dated September 18, 1957 reported at 47 J.O.R & R.
No. 13A, viz;
"A step has already been taken in the direction of equalization in the
case of lumber by means of a new scale, which has been adopted in Western
Canada as a whole. The Board in view of the work which has already
been done on this scale, deferred further consideration of lumber rates
for a more convenient opportunity; in the meantime, however, the Province
397
of Alberta has filed a submission requesting the Board now to call upon the
railways to submit an equalized lumber scale both in Eastern and Western
Canada. This matter will also be set down for hearing in the near
future."
In its notice of sittings dated November 26, 1957, setting the matter down
for hearing at Vancouver, B.C., the Board for the purpose of information and
clarification of the case attached a memorandum outlining the general situation
concerning the rates involved on lumber. This memorandum reads:
"Mileage commodity scales are published in both eastern and western
Canada, and there are also many specific rates in effect. In western
Canada the rates are all based on a mileage scale but there are numerous
specific rates from Pacific territory that are related to the mileage scale
on a group basis, which in many cases results in rates which are not
exactly the same as the mileage rates, some being above the scale and
others below the scale. This type of rate-making was agreed to between
the railways and the lumber shippers.
In eastern Canada, a general mileage scale is published but nearly
all the movements are made at specific rates based on a lower so-called
'constructive' scale. This basis varies considerably from the western
scale and for longer distances is considerably lower than the scale in
western Canada. The western shippers, however, have been satisfied up
to the present with their scale, but the Province of Alberta, acting for the
consumers in that Province is not satisfied with the rates they have to
pay, and Mr. Frawley says in his letter to the Board of May 23, 1957
that:
'With regard to Equalized rates on lumber, I note what you say
with regard to the scale which was recently instituted for the move-
ment within Western Canada. I would respectfully suggest that the
direction contained in Section 336 requires that the rates within Eastern
Canada be equalized with the rates within Western Canada and that
the establishment of a scale for Western Canada does not satisfy that
requirement. I would accordingly request that the railways be directed
to submit an Equalized scale of rates on lumber.'
It may also be noted that within and from western Canada there are
rates related to the lumber rates on such articles as built-up woods, ply-
woods and hardboard, while in eastern Canada such rates are not so
closely related to the lumber rates.
When the subject of lumber rates first came up some three years ago,
the shippers in western Canada complained of the rates from the west to
eastern Canada in comparison with the rates within eastern Canada.
This was opposed by shippers in eastern Canada, who said that their
lumber was of poorer quality compared with B.C. fir, and that they could
stand no increases in eastern rates. Subsequently the western shippers
withdrew their allegations against the eastern rates.
However, the situation has now by Mr. Frawley's application, become
a matter of equalization, having regard to Section 336 of the Railway
Act."
The Board set the final hearing in the matter at Ottawa on June 4, 5
and 6, 1958 and stated that following such hearing the Board would proceed
to adjudicate upon the rates concerned and directed that parties interested
should be prepared to make their final submissions and argument in the case
at that time.
76050-4—2
398
2. PRODUCTION OF LUMBER
The total production of sawn lumber in Canada in 1957 was 7,099,758
M ft.b.m. (thousand feet board measure) valued at $466,227,702.00. There
are about thirty kinds of wood produced in Canada. There follows a table
extracted from the report of the lumber industry issued by the Dominion
Bureau of Statistics showing the lumber sawn by provinces for the year
1957.
Percent
Average
Province
Quantity
distribution
Value
value per
(M.ft.b.m.)
of cut
M.ft.b.m.
38,016
0.5
$ 2,354,944
$60.98
Prince Edward Island
8,393
0.1
480,152
57.21
Nova Scotia
255,725
3.6
15,759,031
61.62
New Brunswick
249,670
3.5
16,795,520
67.27
Quebec
1,064,217
15.0
74,658,856
70.15
671,551
9.5
54,317,609
80.88
Manitoba
37,246
0.5
2,022,717
54.31
55,926
0.8
2,735,665
48.92
Alberta
299,631
4.2
15,576,801
51.99
British Columbia:
2,059,906
29.0
109,968,259
53.38
Coast
2,352,481
33.2
171,086,569
72.72
Yukon and N.W.T -.
6,396
0.1
471,579
73.73
CANADA
7,099,758
100.0
$466,227,702
65.67
The sawmills of Canada range in size from the gigantic mills of the
Pacific Coast cutting as much as half a million feet board measure in a shift,
to small mills capable of cutting one or two thousand feet a day. The larger
mills are located near the heaviest stands of larger timber and more or less
are concentrated in Vancouver and New Westminster, on the mainland
opposite Vancouver Island and on the island itself; large mills are also located
along the Ottawa Valley, in the Georgian Bay and Rainy River districts and
on the coast of New Brunswick. Of the 6276 active sawmills of all kinds
which operated during 1957, excluding small mills whose output was less than
15,000 feet board measure, 1541 mills were located in British Columbia, 1431
in Quebec, 886 in Ontario, 468 in Alberta, 526 in Nova Scotia, 695 in New-
foundland, 336 in New Brunswick, 182 in Saskatchewan, 143 in Manitoba, 58
in Prince Edward Island and 10 in the Yukon and North West Territories.
The freight rate structure applicable on lumber moving between points in
Western Canada has been a contentious matter for the past decade. Not only
have the freight rates per se been assailed by the lumber industry but the
varying methods adopted by the railway companies in applying the post war
percentage increases to such traffic has been the subject of some criticism.
The disturbance in the relationship rate-wise of competing lumber mills is
another feature of the freight rate structure that is alleged to be of major
concern to the lumber industry. This latter feature is exemplified by the fact
that the freight rates for rail transportation of lumber is in cents per 100 lbs.
while the unit of selling lumber is in dollars and cents per thousand feet board
measure. It was stated in evidence that a thousand feet board measure of dry
lumber approximates 2,600 lbs., — thus a differential of 5 cents per 100 lbs.
in the freight rate represents $1.30 in the selling unit.
Because of the nature of the various prior proceedings in this matter
scarcely any historical data has been set forth. For a clearer understanding,
therefore, of the matter, there follows a short historical review of some of
399
the events and conditions concerning the freight rate structures on lumber
applicable in Canada. During the regional and final hearings in these matters
the Board received briefs, accompanied by exhibits. Numerous witnesses
appeared and submitted oral evidence. This evidence totalled over 1500 pages
of transcript. All of this extensive material has been reviewed in the con-
sideration of this judgment, whether or not specifically referred to.
3. FREIGHT RATE STRUCTURE IN WESTERN CANADA
In the early part of the present century, between 1905 and 1910 the basis
of freight rates on lumber was worked out between the British Columbia
shippers and the railways. A blanket rate of 40 cents per 100 lbs. was
established from British Columbia coast points to Manitoba and part of eastern
Saskatchewan while from the interior of British Columbia the rate was set
at 33 cents, or 7 cents below the coast rate. These rates were in order to
enable the British Columbia producers, both coast and interior, to reach
Manitoba and Saskatchewan markets in competition with lumber from Min-
nesota and, to some extent, with lumber produced in the Kenora-Rainy
River districts of Ontario. To destinations west of eastern Saskatchewan the
rates were graded in generally with a relationship to the then existing tenth
class rates, while east of Winnipeg to Fort William the rates were graded up
by means of arbitraries added to the Winnipeg rates. Consequent upon the
first World War adjustments in rates, the blanket rate of 40 cents mentioned
became 56h cents and the rate of 33 from the interior became 48£ cents, a
spread of 8 cents per 100 lbs. So far as the rates applicable within the
Prairie were concerned, those rates were on a variety of bases in the early
years, — different bases in different parts of the country. In 1940 following
negotiations between the railways and the shippers a new basis of lumber
rates to apply within the Prairie territory was worked out, — these new
lumber rates were based on 75 per cent of the then 10th class standard mileage
class rates. This, briefly, was the lumber freight rate structure of Western
Canada prior to the mountain differential adjustment.
Mountain differential Adjustment
The term "mountain differential" is a principle of mileage inflation in
order to produce a higher rate in the British Columbia area. It means the
difference between the rates applied in pacific territory and those applied
normally on the same commodity for a haul of equal distance between points
in prairie territory. The Board by its Order 72298 dated April 23, 1949
directed that the "mountain differential" be removed from the tolls charged
for the transportation of goods within, to and from the Province of British
Columbia.
The railways interpreted the said Order to mean that the basis of rates to
be applied should be the same as in prairie territory. This meant reducing
the rates on lumber within British Columbia to the basis of the prairie mileage
scale, which was 75 per cent of the prairie tenth class standard mileage rates,
and also the rates from the British Columbia coast region to western destina-
tions would be based on the same scale. As to the rates from the interior of
British Columbia the same scale was applied, but in lieu of applying the prairie
mileage scale on a point to point basis, the rates wTere established on an origin
group basis. This rate formula kept the old coast group intact, kept the
interior groups intact as nearly as .could be, with the rates therefrom being
calculated by using the mileage from a key point in each origin group to the
actual destination, — thus, to illustrate, the rate from the coast group to Winnipeg
was based on the prairie mileage scale applied for the Vancouver-Winnipeg
distance and the rate from the Kamloops group was based on the same scale
400
for the Kamloops to Winnipeg distance. This adjustment created increases in
rates to eastern prairie points, comprising, in general, all points in eastern
Saskatchewan and eastward to Port Arthur, Ont. To the territory west thereof
reductions in rates were made.
The British Columbia Lumber Manufacturers Association protested to the
Board the proposed increases in rates mentioned on the grounds of unjust
discrimination and requested the Board to suspend the tariff schedules pending
hearing of the matter. The Board was unable to find that unjust discrimination
would exist by the proposed adjustment of rates and the application for sus-
pension was denied.
1952-1953 Proceedings in the matter of Vancouver versus Seattle rates
The British Columbia Lumber Manufacturers Association applied to the
Board in April, 1952 for removal of discrimination in the rates on lumber from
the west coast to prairie destinations. It was alleged that as a result of increases
since April 8, 1948, plus the adjustment consequent upon the removal of the
"mountain differential", the rates on lumber from Vancouver to prairie destina-
tions east of Regina were much higher than equivalent rates from Seattle,
Wash, and Portland, Ore., to the same Canadian destinations. The then com-
parable rates were as follows:
From From
To Vancouver, B.C. Seattle, Wash.
Winnipeg, Man 117 106
Port Arthur, Ont 132 113
It was further alleged that as a result of these discriminatory freight rates
favouring American shippers, the lumber industry on the British Columbia
coast was losing substantial business to their United States competitors, and it
was requested that the discrimination existing in the freight rates be removed.
The railways in reply to this application admitted the difference in rates
as outlined but contended their investigation did not confirm that the British
Columbia Coast lumber industry was losing business to its United States
competitors.
The British Columbia Lumber Manufacturers Association replied to the
railways submission asserting that the discrimination existed as alleged which
fact had been admitted by the railway companies as evidenced by receipt of
notification from the Canadian Pacific Railway indicating that the rates from the
United States points in question would be increased and thereby eliminate the
difference in the rates which was alleged to be discriminatory. The applicant
took exception to the railways' proposed solution of the matter and requested the
Board to order a reduction in the rates from Vancouver to the United States
level of rates on the grounds that Canadian shippers of lumber from the West
Coast are entitled to freight rates equal in amount and based on the same
principle as those enjoyed by their American competitors. A new issue was thus
raised and as the scope of the original application had been enlarged the rail-
ways were called upon to answer these allegations.
The railways in answer stated that the United States railways had taken
action to increase their rates from Washington and Oregon shipping points to
destinations in the Canadian prairies in order to place them on a parity with
rates from British Columbia coast points and it was maintained that the British
Columbia manufacturers suffered no loss of business to the Washington and
Oregon producers by reason of differences in the freight rates. No reply to
this answer from the railways was received by the Board from the British
Columbia Lumber Manufacturers Association.
By its Order 80462, dated December 20, 1952 (42-JOR & R-269) the Board
authorized, inter alia, a nine per cent (9%) increase in commodity rates. The
401
application of this increase to the lumber rates from the British Columbia Coast
to prairie destinations again disturbed parity of rates with those applicable
from the States of Washington and Oregon. The British Columbia Lumber
Manufacturers Association again made application to the Board for removal
of the alleged unjust discrimination prevailing between the American and
Canadian rates to prairie destinations. The then comparable rates from Van-
couver, B.C. and Seattle, Wash., to representative prairie destinations were as
follows:
From From
To Vancouver, B.C. Seattle, Wash.
Regina, Sask 105 104
Virden, Man 114 106
Rivers, Man 121 113
Brandon, Man 121 111
Portage la Prairie, Man 125 115
Winnipeg, Man 128 117
The railways' reply to this application was that preparations were in progress
to obtain an increase in the rates from United States shipping points so that
parity would be restored with the rates from the British Columbia coast. The
Board heard the matter at Vancouver, B.C., on March 17, 1953.
At this hearing a submission was also made by the Interior Lumber Manu-
facturers Association of British Columbia on behalf of its members comprising
92 mills located in what are known as the Kamloops and Nelson Forest
Districts and comprising that section of the Province of British Columbia lying
east of the Cascade Mountains and extending from Hope along and south of
the main line of the Canadian Pacific and Canadian National Railways to
the Alberta border. The contention of this Association was that if as a result
of the presentation of the B.C. Lumber Manufacturers Association brief, the
Board saw fit to reduce the British Columbia coast rates, then any reduction
applicable to the Coast should apply from the interior of British Columbia as
well. The Timberland Lumber Company of British Columbia also made pre-
sentations to the Board at this hearing — in addition to supporting the applica-
tion of the B.C. Lumber Manufacturers Association, the Board's attention was
directed to discrimination existing in respect to the movements of long length
timbers, poles and piling to Western Canadian destinations, it being alleged that
a lower basis of rates on such materials applied to eastern Canadian destinations
than to western destinations.
Upon completion of the hearings on this phase of the rate structure the
following oral judgment was delivered by the Chief Commissioner as reported at
43 JOR&R 40.
"The next case is in the matter of the application of the British
Columbia Lumber Manufacturers Association for an Order of the Board
under Sections 33, 314, 316, 317, 319, 325 and 344 of the Railway Act
directing the Canadian Pacific Railway Company and the Canadian National
Railways to remove the discrimination in the rates against shipments of
lumber from the West Coast to Prairie points between Regina and Winni-
peg, inclusive.
In order to avoid confusion, it should be recalled that the B.C. Lumber
Manufacturers Association have made two separate and distinct complaints
to the Board with respect to rates on lumber, timber, and other like
commodities.
One complaint, which has not yet been set down for hearing, is a
general complaint of unreasonableness in the lumber rates, and this will be
heard at some future date.
76050-4—3
402
The application which came before the Board for hearing here at Van-
couver on March 18th is a complaint dated January 19, 1953, based on the
ground of unjust discrimination in the rates and rules governing the move-
ment of lumber from British Columbia coast points to points on the Prairies
in the general territory Regina to Winnipeg, inclusive, as compared with the
rates from Seattle and other points in the States of Oregon and Washington
to the same territory. Not only are the rates on lumber from Vancouver
and other B.C. points for example, higher than from Seattle, but there is
a greater charge also in the case of poles, piling and square-sawn timber
longer than 48' 6", by a rule in the governing tariffs, under which the
rates from Vancouver are assessed at the higher Group B rates, whereas
from Seattle there is no such surcharge, and it is also stated that there is no
such surcharge on shipments from Vancouver, for example, to points east
of Port Arthur, Ont.
There is ample and uncontradicted evidence on the record that the
rates and the rule referred to are unjustly discriminatory against British
Columbia shippers and unduly preferential in favour of shippers in the
States of Washington and Oregon because the Canadian Pacific Railway
Company and the Canadian National Railways both join with the American
carriers in the lower rates from Seattle, etc., to the same destinations and
in part, over the same routes as are applicable from British Columbia
shipping points to the said territory.
Since unjust discrimination has been found as a fact, we have no
option but to order it removed under the provisions of the Sections of
the Act invoked by the applicant, and an Order will, therefore, issue
requiring the removal of the said discrimination on or before May 31,
1953.
There are, of course, two ways of removing discrimination — one, by
increasing the lower rate, and the other by reducing the higher rate, and
it has been the practice, with some exceptions, to issue an Order merely
requiring the removal of unjust discrimination, leaving to the railway
companies the option of the manner in which the discrimination is
removed.
In this case the Board deems it advisable to say that the rule referred
to with respect to longer poles, piling and square-sawn timber, bears in
some respects the appearance not only of unjust discrimination but of
unreasonsableness. In dealing with this rule the Board will require the
railway companies to present for the Board's consideration a more reason-
able rule with respect to such poles, piling and square-sawn timber.
The Order which I have before me simply requires the railways to
remove the unjust discrimination on or before May 31st next."
The railways complied with the said directive — Order 81055 dated
March 24, 1953 — by restoring parity of rates by again increasing the Washing-
ton-Oregon rates to the level of the Vancouver rates.
1954 Proceedings in the matter of equalization of rates
The British Columbia Lumber Manufacturers Association on behalf of
its member mills filed an application with the Board in January, 1953 for a
review of the present Canadian rail freight rates on lumber and lumber
products which it was submitted were unreasonable and unjust and constituted
undue discrimination against B.C. coast lumber shippers and for an order of
the Board reducing such rates on long-haul traffic so as to re-establish equitable
rate relationships between the competing regions in Canada. The said Asso-
ciation has 60 members engaged in the manufacture, sale and shipment of
403
lumber and lumber products; these 60 companies are located on the Pacific
Coast of British Columbia and on Vancouver Island.
The Board subsequently received applications from other interested parties
concerning the freight rates applicable in other parts of Canada which con-
sequently enlarged the scope of the entire matter and in order to deal equitably
with all interested parties the matter was deemed to be a part of the Equaliza-
tion of Freight Rates Case. The Board consequently caused the following letter
served upon all interested parties.
"The Board has under consideration an application of the British
Columbia Lumber Manufacturers Association for a review of railway
freight rates on lumber and lumber products and for an Order of the
Board reducing such rates on long-haul traffic to re-establish equitable
relationships between competing regions in Canada which has been set
down for hearing on February 15, 1954, in Ottawa.
The Board has received inquiries concerning the above application
from wood products concerns in various parts of Canada. The Board has
also received complaints with respect to rates on lumber from the Quebec
Lumber Manufacturers Association, the Alberta Forest Products Associa-
tion, the Western Retail Lumbermen's Association of Winnipeg and the
Western Quebec Forest Association Inc. at Rouyn, P.Q.
In order to give full cognizance of the issue involved to such other
interested parties who have heretofore not been officially notified of the
foregoing application and a full opportunity to make submissions, if they
so desire, I have been directed to advise that the application of the
B.C. Lumber Manufacturers Association and the complaints of other
organizations referred to and such further complains or submissions as
may in the interval be received will all be dealt with as part of the
Equalization of Freight Rates Case, and will be heard by the Board on
February 15, 1954 in its Court Room in the Union Station Building,
Ottawa.
Apart from such further complaints or submissions the Board invites
suggestions in writing as to an appropriate rate scale for lumber products
throughout the whole of Canada. All such complaints, submissions or
suggestions should be received by the Board not later than January 21,
1954 together with 50 copies thereof which the Board will undertake to
promptly distribute to those on its mailing list."
The matter was heard at Ottwa, Ont. on February 15, 16, 17, 18, 19, 22 and
23, 1954. The views and position of the various parties as expressed at this
hearing are set out briefly below:
B.C. Lumber Manufacturers Association proposed a level of rates from
Vancouver and British Columbia coast points to destinations between Calgary
and Fort William. The formula proposed was the rates in effect on April 7,
1948, which rates had been in effect for some 25 years, and subjecting such
rates to the various percentage increases authorized by the Board since 1948,
namely 98.2%. It was also proposed that the cumulative percentage increase
of 98.2% be applied to the differentials, or differences in rates between the
coast rates and the various B.C. interior producing centres in existence on
April 7, 1948 and that such new differentials be maintained thereafter. This
proposal involved increases in rates for the shorter hauls, roughly destina-
tion territory west of Regina and Saskatoon and decreases in the rates for
the longer hauls, that is the territory Regina and Saskatoon and east to the
Lakehead.
76050-4— 3£
404
Interior Lumber Manufacturers Association were granted a period of thirty-
days from date of conclusion of the hearing for the filing of their brief with
the Board and all interested parties outlining their position
Cariboo Lumbermens' Association submitted a brief requesting the Board
to order a reduction in rates on lumber from the central interior of British
Columbia to Eastern Canadian markets. The application of this freight rate
structure will be further dealt with herein.
Alberta Forest Products Association alleged that the proposal as made by
the B.C. Lumber Manufacturers Association would have a detrimental effect
on the northern Alberta and eastern interior British Columbia mills. Unless a
parallel adjustment was made from Alberta mills, it was asserted, a distortion
would be introduced by the scale of rates proposed by the coast interests which
would be such as to place Alberta and eastern British Columbia shippers under
a heavy penalty. It was stressed that the important feature of the rates
applicable on lumber within Western Canada was not the rates, per se, but the
relationship between the various producers' rates from different origins to the
same markets.
Counsel for the Province of Alberta made a motion for non-suit of the
application of the B.C. Lumber Manufacturers Association and requested that
the Board dismiss the said application on the grounds that the proposal as
advanced constituted increases in rates on lumber from Vancouver to consuming
centres in Alberta, a proposition that the railways were not advocating.
Attention was drawn to the fact that under the Mountain differential adjust-
ment of 1949 rates on lumber from the B.C. Coast to Alberta destinations were
reduced and that the proposition now being advanced would nullify the
advantage secured by the Province of Alberta under the said "mountain
differential" adjustment.
Saskatchewan Timber Board was not opposed to the B.C. Lumber Manu-
facturers Association application for reductions in rates. They opposed however
a reduction in the differential between the freight rates on B.C. Lumber into
eastern Saskatchewan and Manitoba and the rates from Saskatchewan lumber
origins to the same destinations. The Timber board did not desire that their
shipping position be worsened by reverting to the former rate differentials.
In the event that B.C. lumber into these areas are reduced, it was desired by the
said Timber Board that the same percentage reduction should be applied from
Saskatchewan origins.
The railways stated that from a review of the proposal of the B.C. Lumber
Manufacturers Association it appeared that a very substantial change would
occur in the relationship as between the coast rates and the rates from the
interior and from Alberta to the prairie markets. While the Interior Association
had not submitted their proposal to the Board at the hearing the railways were
of the opinion they could expect that the said Interior Association would not
want to have their rate relationships seriously distorted. The railways position
was that they desired all lumber areas to ship lumber to markets and that
they were desirous of not giving one area an undue advantage over another
as far as practicably possible. The railways stated they would welcome an
opportunity to work out a rate structure that would be suitable to all lumber
interests. The suggestion was put forward that possibly this could be done by
conference at which all lumber shipping interests would be represented and
also the railways. A solution to the problem it was suggested might be an
entirely new mileage scale of rates and relating such rates to the various
shipping centres by a grouping key point plan or some other method that
would give each area its rates on the same scale related to distance, and which
would also give the railways on balance the same revenue.
405
Maritime Lumber Bureau and the Maritimes Transportation Commission
maintained that lumber, a basic commodity, should be enabled to move as freely
as possible to markets from the more distant sources and that special considera-
tion should be given by means of exceptions to authorized percentage increases
when railway revenue needs were found justifiable. The Lumber Bureau
stressed that in the matter of equalization of freight rates on lumber nothing
should be done that in any way would worsen or restrict the competitive posi-
tion of the Maritime lumber industry in markets in Canada outside the Maritime
Territory.
Quebec Lumber Manufacturers Association requested a review of the
present Canadian railway freight rates and for an order from the Board reducing
such rates on long-haul traffic so as to re-establish relationships between the
competing regions of Canada. They objected to the preferential treatment
granted the western part of the country in the movement of lumber to Eastern
Canada, and requested reductions in rates from the northern producing centres
of Ontario and Quebec to eastern markets. They objected vigorously to the
B.C. scale of rates for application within Eastern Canada and stated such rates
would have a detrimental effect on the Quebec lumber industry. The freight
rate structures mentioned are dealt with further herein.
Federation of the Chamber of Commerce of Abitibi; Forestry Association
of Western Quebec, Inc. and Hearst, Ont. and District Chamber of Commerce
contended that the rates on lumber from the northern sections of Ontario and
Quebec to eastern markets were unjustly discriminatory and retarded the
progress of the lumber industry. They stated that due to the geographical
location of their production areas they are compelled to move their products to
eastern markets involving two railway hauls, and that consequently the rates
for such movements are excessive in relation to rates applicable from other
areas involving only single line railway hauls for comparable distances. They
allege this is manifestly unfair and that they should have the benefit of single
line rates for the distance via the shortest rail route. This feature of the
freight rate structure of Eastern Canada is also dealt with later herein.
At the conclusion of the submissions of all evidence in the matter of rates
on lumber, the B.C. Lumber Manufacturers Association made an application
for adjournment of the hearing. They requested the Board to hold further hear-
ings on its application at a later date, and also of the proposals to be made by
the Interior Lumber Manufacturers Association. The Board concurred in this
application and suggested an adjournment would accord all interested parties
an opportunity of reviewing the brief to be submitted by the Interior Associ-
ation. The Board also stated that the suggestion put forward by the railways
for a conference of all lumber shipping interests might be considered in the
interval and progress made by all concerned through this means to narrow the
many contentious issues. The hearing was adjourned to reconvene in Vancouver,
B.C. on May 4, 1954.
In the meantime the Interior Lumber Manufacturers Association sub-
mitted its brief to all concerned strongly opposing the proposals as set forth
by the B.C. Lumber Manufacturers Association. The counter formula suggested
by the said Interior Association was to create a rate structure based on two
separate closely related formulae; first, group to zone rates and second, sub-
group to specific point rates. The group-to-zone rates to be applicable to the
territory east of Portage la Prairie to the Lakehead, with the origin territory
of British Columbia divided into seven major groups and the destination
territory divided into zones of approximately 100 miles each. Rates between
these groups and zones to be calculated by applying a mileage scale of rates
for the average distance between the proposed groups and zones. To other
destinations in Western Canada — sub-group to specific point rates — it was pro-
posed that the British Columbia origin territory be divided into 16 sub-groups
406
and the rates therefrom calculated by applying the mileage scale of rates for the
actual mileage from basing points in each origin sub-group to each specific
destination. This proposal constituted in the main reductions in rates as well
as some increases in rates to certain areas in Western Canada.
The hearing was adjourned to reconvene in Vancouver, B.C. and Calgary
Alta. Prior to the reconvening of the hearing in Vancouver a conference lasting
one week was held between representatives of the railways and the lumber
shipping associations. At this conference the railways initially submitted a
plan they thought might solve the problem but which after study by many
of the interested shippers was not altogether satisfactory. Following a series
of meetings among the shipping associations and jointly with the railways,
another plan was worked out which met with general approval by all concerned.
The primary objective was to devise a scale of rates which would apply uni-
formly throughout Western Canada, but coupled with this was the necessity
of reaching agreement as to the differentials which the rates from the interior
should have under the coast rates. The new scale of rates finally agreed upon
differed from the railways original proposal for distances between 800 and 1,800
miles for which distances downward revisions were made. In general, the
groupings and mileages proposed by the Interior Lumber Manufacturers Associ-
ation were adopted with certain exceptions. At the formal hearings of the
Board on May 4, 1954 the results of this conference were made known and the
Board was informed that agreement in toto had been reached between the
parties.
At the Calgary hearing before the Board on May 17 and 18, 1954, the
Saskatchewan Forest Products and the Province of Alberta objected to the
scale of rates negotiated in Vancouver. Following conferences between the
railways and these interested parties, the railways agreed to a modification of
the scale of rates for distances between 300 and 825 miles by a reduction of
one cent for each mileage block. The railways in offering this modification in
the rate scale alleged it would result in substantial reduction in railway revenue.
The lumber interests accepted the railways proposal.
The tariff schedules giving effect to this new negotiated freight rate struc-
ture in Western Canada were filed with the Board on December 1, 1954 to
become effective on January 1, 1955. Prior to the coming into effect of these
tariff schedules, the Interior Lumber Manufacturers Association; Northern
Interior Lumbermens Association; Saskatchewan Federated Co-operatives
Limited and Crows Nest Pass Lumber Company Limited filed with the Board
applications complaining of certain rates in these tariffs and asking for sus-
pension thereof. Upon consideration of the tariffs and of the complaints the
Board issued Order 85233 dated December 23, 1954 (44 JOR & R 338) postponing
until February 1, 1955 the effective date of the tariffs to enable the interested
parties to hold discussions and reach agreement. The Board held hearings in
Vancouver, B.C. on January 17, 1955 at which it was reported to the Board
that agreement had been finally reached and that some modifications in the
rate differentials applicable from certain mills would be made as result of
which the above mentioned lumber interests withdrew their applications for
suspension of the tariff schedule and this long negotiated rate structure went
into effect on February 1, 1955. There follows a comparison of the lumber
commodity rates with the Class 100 rates applicable between representative
points in Western Canada based on the rates in effect in 1958, i.e., exclusive of
the 17% interim increase. All rates specified are in cents per 100 lbs.
It will be observed from this analysis that the general level of rates reflect
approximately 23.5% of the Class 100 rates, except in respect to the rates from
British Columbia and Alberta to Winnipeg and Fort William which are on a
lower level due to such rates being maintained at the same rates as applicable
from the states of Washington and Oregon. This latter feature of the rate
structure has been fully outlined herein.
407
TO
FROM
Class 100
Com-
modity
Rate
Percentage
com-
modity rate
is of
Class 100
Calgary Alta.
British Columbia
Vancouver
Ly tton
Ashcroft
Kamloops. . . .
Armstrong
Kelowna
Penticton
Carmi
Castlegar
Nelson
Creston
Cranbrook
Arrowhead . . .
Fernie
Bull River....
Crowsnest. . . .
Vanderhoof . . .
Prince George
Bend..
Canoe River. .
Canoe
Chase
Savona
346
286
266
246
226
246
266
296
266
256
226
206
206
176
196
167
406
376
346
306
216
236
256
80
23.1
64
22.4
64
24.1
58
23.6
58
25.7
55
23.6
64
24.1
64
21.6
62
23.3
62
24.2
51
22.6
48
23.3
47
22.8
41
23.3
48
24.5
41
24.6
93
22.9
80
21.3
80
23.1
71
23.2
54
25.0
58
24.6
58
22.7
Average relationship from British Columbia.
Average relationship from Alberta.
23.3
Alberta
Grande Prairie
336
78
23.2
Grimshaw
306
71
23.2
Chisholm
216
51
23.6
196
47
24.0
Imperial Mills
236
56
23.7
226
53
23.5
Edmonton
167
39
23.4
226
53
23.5
206
50
24.3
Erith
246
58
23.6
155
34
21.9
Win field
155
36
23.2
Burmis
155
34
21.9
23.4
Saskatchewan
346
60
23.1
Bennock.
326
75
23.0
Bertwell
336
78
23.2
316
73
23.1
Bjorkdale
316
73
23.1
Carrot River
316
73
23.1
316
73
23.1
Kelvington
356
82
23.0
Mistatim
316
80
25.3
Peesane
316
73
23.1
Pelly
356
82
23.0
Prairie River
326
75
23.0
336
78
23.2
Sturgis
336
78
23.2
Average relationship from Saskatchewan
23.3
Manitoba
Barrows
356
82
23.0
Bowsman
376
87
23.1
Cranberry Portage
396
91
23.0
Hudson Bay
336
78
23.2
The Pas
376
87
23.1
Timberton
366
84
23.0
Mofeking
356
89
25.0
Winnipegosis
396
91
23.0
Average relationship from Manitoba.
23.3
408
Com-
Percentage
com-
TO
FROM
Class 100
modity
modity rate
Rate
is of
Class 100
British Columbia
396
91
23.0
Ly tton
336
75
22.3
316
75
23.7
Kamloops
296
69
23.3
Armstrong
306
69
22.5
Kelowna
326
69
21.2
336
82
24.4
376
82
21.8
Castlegar
346
80
23.1
336
80
23.8
306
69
22.5
276
67-
24.3
Arrowhead
286
64
22.4
256
60
23.4
Bull River
266
67
25.2
Crowsnest
236
60
25.4
316
73
23.1
Prince George
286
62
21.7
Bend
256
62
24.2
216
51
23.6
296
69
23.3
316
69
21.8
Savona
306
69
22.5
Average relationship from British Columbia. . .
23.1
Alberta
296
60
20.3
226
53
23.5
Chisholm
133
30
22.6
105
24
22.9
155
34
21.9
144
32
22.2
Calgary
167
38
22.8
Whitecourt
133
29
21.8
105
24
22.9
Erith
144
33
22.9
155
34
21.9
Winfield
111
26
23.4
226
53
23.5
Average relationship from Alberta
22.4
Saskatchewan
306
71
23.2
296
69
16. 6
306
71
23.2
256
60
23.4
286
67
23.4
Carrot River
286
67
23.4
286
67
23.4
326
75
23.0
286
67
23.4
286
67
23.4
Pelly
326
75
23.0
296
69
23.3
306
71
23.2
306
71
23.2
Average relationship from Saskatchewan
16. 6
Manitoba
326
75
Z6.v
336
78
23.2
Cranberry Portage
366
84
23.0
Hudson Bay
306
71
23.2
The Pas
346
80
23! 1
336
78
23.2
326
75
23.0
Winnipegosis
366
84
23.0
23.1
409
TO
FROM
Class 100
Com-
modity
Rate
Percentage
com-
modity rate
is of
Class 100
Regina Sask.
British Columbia
Vancouver
Lytton
Ashcroft
Kamloops
Armstrong
Kclowna
Penticton
Carmi
Castlegar
Nelson
Creston
Cranbrook
Arrowhead
Fernie
Bull River
Crowsnest
Vanderhoof —
Prince George.
Bend
Canoe River. .
Canoe
Chase
Savona
526
476
456
436
416
436
446
456
396
386
356
336
396
306
326
296
506
476
416
406
406
416
446
118
104
104
101
101
101
104
104
91
91
80
78
89
71
78
71
111
101
101
93
97
101
101
Average relationship from British Columbia.
Alberta
Grande Prairie
Grimshaw
Chisholm
Barrhead
Imperial Mills.
Lac la Biche. . .
Calgary
Whitecourt
Entwistle
Erith
R. Mtn. House
Winfield
Burmis
Edmonton
Average relationship from Alberta
Saskatchewan
Akosane
Bannock. ......
Bertwell
Big River
Bjorkdale
Carrot River. . .
Crooked River.
Kelvington
Mistatim
Peesane
Pelly
Prairie River. .
Reserve
Sturgis
Manitoba
Bowsraan
Barrows
Cranberry Portage.
Hudson Bay
The Pas
Timberton
Mofeking
Winnipegosis
22.4
21.8
22.8
23.2
24.3
23.2
23.3
22.8
23.0
23.6
22.5
23.2
22.5
23.2
23.9
24.0
21.9
21.2
22.6
22.9
23.9
24.3
22.6
22.
446
101
22.6
416
95
22.8
326
75
23.0
316
73
23.1
346
80
23.1
336
78
23.2
276
64
23.2
326
75
23.0
306
71
23.2
346
80
23.1
316
73
23.1
306
71
23.2
286
67
23.4
286
67
23.4
Alberta
23.1
186
43
23.1
206
48
23.3
176
42
23.9
226
53
23.5
196
47
24.0
226
53
23.5
196
48
24.5
176
42
23.9
206
49
23.8
206
49
23.8
176
40
22.7
196
48
24.5
176
41
23.3
155
37
23.9
Saskatchewan
23.7
196
46
23.5
206
49
23.8
246
58
23.6
186
44
23.7
226
53
23.5
186
43
23.1
206
49
23.8
216
51
23.6
'6050-4—4
Average relationship from Manitoba.
23.6
410
Com-
Percentage
TO
FROM
Class 100
modity
modity rate
Rate
is of
Class 100
British Columbia
Vancouver
516
115
22.3
Ly tton
466
104
22.3
Ashcroft
446
104
23.3
426
98
23.0
Armstrong
416
98
23.6
Kelowna
436
98
22.5
Penticton
456
104
22.8
Carmi
486
104
21.4
456
102
22.4
Nelson
446
102
22.9
Creston
416
91
21.9
Cranbrook
396
89
22.5
Arrowhead
396
87
22.0
Fernie
366
82
22.4
Bull River
386
89
23.1
Crowsnest
356
82
23.0
Vanderhoof
446
101
22.6
4.1
t ID
Q1
y i
91 Q
zi . y
Bend
376
91
24.2
Canoe River
346
80
9Q 1
Zo. 1
Canoe
406
94
23.2
Chase
426
98
23.0
Savona
436
98
22.5
Average relationship from British Columbia. . .
22.7
Alberta
Grande Prairie
386
89
23.1
Grimshaw
356
82
23.0
Chisholm
266
62
23.3
Barrhead
246
58
23.6
Imperial Mills
286
67
23.4
Lac la Biche
276
64
23.2
Calgary
246
58
23.6
266
62
23.3
Entwistle
246
58
Zo. 0
Erith
276
64
23.2
R. Mtn. House
266
62
23.3
Winfield
256
60
23.4
Burmis
346
80
23.1
Edmonton
226
53
23.5
Average relationship from Alberta
23.3
Saskatchewan
Akosane
186
43
23.1
Bannock
167
38
22.8
186
42
22.6
Big River
155
37
23.9
155
36
23.2
Carrot River
155
37
23.9
Crooked River
155
34
21.9
Kelvington
196
48
24.5
155
37
Zo. y
Peesane
155
36
23.2
Pelly
196
46
93 ^
Zo. D
Prairie River
167
38
22.8
Reserve
176
41
23.3
Sturgis
176
42
23.9
Average relationship from Saskatchewan
23.3
Manitoba
Bowsman
216
51
23.6
Barrows
196
46
23.5
Cranberry Portage
236
55
OQ 7
Hudson Bay
176
42
23.9
The Pas
216
51
23. 6
Timberton
206
49
23!8
Mofeking
196
48
24.5
Winnipegosis
236
56
23.7
Average relationship from Manitoba
23.8
411
Percentage
Com-
com-
FROM
Class 100
modity
modity rate
Rate
is of
Class 100
British Columbia
Vancouver
676
133
19.7
Lytton
616
124
20. 1
Ashcroft
596
124
20.8
I£am loops
576
116
20.5
Armstrong
556
118
2L2
Kelowna
576
118
20.5
Penticton
596
124
20.8
596
124
20.8
Castlcgar
536
115
2L5
Nelson
526
115
21.9
Creston
496
109
21.8
C ran brook
476
108
22.7
Arrowhead.
536
115
2L5
Kernie
446
101
22.8
Bull River
466
108
23.2
Crowsnest
456
101
23.2
Vanderhoof
626
124
19* 8
Prince George
606
118
19.5
Bend
566
118
20! 8
Canoe River
536
115
21.5
Canoe
546
118
21.6
Chase
566
118
20.8
Savona
586
118
20. 1
Average relationship from British Columbia. . .
21. 1
Alberta
Grande Prairie
576
118
20.5
Grimshaw
546
115
21. 1
Chisholm
456
104
22.8
Barrhead
436
101
23.2
Imperial Mills
476
104
21.8
Lac la Biche
466
104
22^3
Calgary
416
95
22.8
Whitecourt
446
101
22^6
Entwistle
436
101
23.2
Erith
466
104
22.3
R. Mtn. House
456
104
22.8
Winfield
446
101
22.6
Burmis
476
98
23.0
Edmonton
406
93
22.9
Average relationship from Alberta
22.4
Saskatchewan
Akosane
246
58
23.6
Bannock. .
256
60
23.4
Bertwell
236
56
23.7
Big River
336
78
23.2
Bjorkdale
256
60
23.4
Carrot River. . .
296
69
23^3
Crooked River
256
60
23.4
Kelvington
236
56
23.7
Mistatim
256
60
23.4
Peesane
286
62
23.3
Pelly
216
51
23.6
Prairie River
256
60
23.4
Reserve
236
56
23.7
Sturgis
216
51
23.6
Average relationship from Saskatchewan
23.5
Manitoba
Bows man
206
49
23.8
Barrows
326
53
23.5
Cranberrv Portage
296
69
23^3
Hudson Bay
246
58
23.6
The Pas
276
64
23.2
Timberton
176
40
22.7
Mofeking
216
51
23.6
176
41
23.3
Average relationship from Manitoba
23.4
76050-4—41
412
Com-
Percentage
com-
TO
FROM
Class 100
modity
modity rate
Rate
is of
Class 100
British Columbia
Fort William Ont.
Vancouver
846
151
17.8
Lvtton
786
142
18.1
Ashcroft
766
142
18.5
Kamloops
746
135
18.1
Armstrong
726
135
18.6
746
135
18.1
766
142
18.5
Carmi
766
142
18.5
706
133
18.8
Nelson
706
133
18.8
Creston
666
127
19.1
Cranbrook
646
127
19.7
Arrowhead
706
133
18.8
Fernie
616
122
19.8
Bull River
636
129
20.3
Crowsnest
606
122
20.1
Vanderhoof
806
142
17.6
Prince George
786
135
17.2
Bend
746
135
is!o
Canoe River
706
133
18.8
Canoe
726
135
18.6
Chase
726
135
18.6
Savona
766
135
17.6
Average relationship from British Columbia. . . .
18.6
Alberta
Grande Prairie
746
138
18.5
726
135
18.6
Chisholm
626
124
19.8
Barrhead
606
122
20.1
Imperial Mills
646
127
19.7
Lac la Biche
636
127
20.0
586
120
20.5
Whitecourt
626
124
19.8
606
122
20.1
Erith
636
127
2o!o
626
124
19 8
Winfield
616
124
20.1
Burmis
596
122
20.5
Edmonton
586
120
20.5
Average relationshiD from Alberta
19.8
Saskatchewan
Akosane
416
95
22.8
Bannock
426
98
23.0
Bert well
416
95
22.8
Big River
506
111
21.9
Bjorkdale
426
98
23.0
Carrot River
466
104
22.3
Crooked River
436
101
23.2
Kelvington
416
95
22.8
Mistatim
436
101
28.2
Peesane
436
101
23! 2
Pellv
356
89
23. 1
Prairie River
426
98
23!o
Reserve
406
93
22.9
396
91
23.0
22.9
Manitoba
Bowsman
376
87
23.1
Barrows
396
91
23.0
Cranberry Portage
476
104
21.8
Hudson Bay
416
95
22^8
The Pas
456
101
22.1
Timberton
356
82
23.0
Mofeking
396
91
23.0
Winnipegosis
346
80
23.1
Average relationship from Manitoba
22.7
413
4. FREIGHT RATE STRUCTURE FROM WESTERN TO EASTERN CANADA
The existing rate structure from Western to Eastern Canada is composed
of competitive rates from British Columbia and Alberta and normal com-
modity rates from Saskatchewan and Manitoba.
The basic factor in the rate structure from British Columbia is the com-
petition of American railways which transport lumber from the States of
Washington and Oregon to destinations in the eastern United States at low
rates to compete with steamship service via the Panama Canal. For many
years this basic factor has influenced the Canadian freight rate structure on
lumber from British Columbia and Alberta origins to Eastern Canada. As early
as 1921 the rate from Vancouver to Toronto was set at the same rate as
applicable from Seattle to Buffalo and the rate from Vancouver to Montreal
was set the same as from Seattle to New York and Boston and this parity of
rate relationship continued until 1938. From that year until 1951 due to rate
increases under various Ex Parte decisions of the Interstate Commerce Com-
mission and Canadian Freight rate increases authorized by this Board the rate
parity mentioned was destroyed. In 1951 the rates from the United States
coast to the markets in Montreal and Toronto were lower than the comparative
rates from Canadian coast points to the same markets. Following negotiations
between the B.C. lumber interests and the railways, the railways voluntarily
undertook to reduce the rates from the B.C. Coast to the same level prevail-
ing from Seattle, Wash, to Eastern Canadian destinations. Also adjustments
were made in the rates applicable from interior British Columbia and Alberta
shipping points, the rates therefrom varying, only in respect to their differential
relationship with the Coast rates; this interior rate adjustment being made
due to a similar pattern of rates prevailing from interior shipping points in
the United States.
Following enactment of the "Bridge Subsidy" provisions in the Railway
Act, which statute stipulated that a reduction in the relative level of rates be
applied on freight traffic moving in both directions between points in Eastern
Canada and points in Western Canada, the Board issued its directive that a
specific reduction in rates be made effective on certain traffic passing over the
so-called 'bridge'. Competitive traffic designated as such in the railways tariffs
was made an exception to such reduction. The consequent non-application of
this 'bridge' reduction on lumber traffic from British Columbia and Alberta was
challenged by the lumber industry, resulting in a full review of this particular
feature of the rate structure being made by the Board and judgment thereon
dated August 7, 1953 as reported at 43 JOR&R 203 was issued. The finding of
the Board in this judgment was that the said rates are competitive rates. There
is shown on the following page a comparison of the lumber rates with the
Class 100 rates applicable from representative points in British Columbia and
Alberta to Toronto which indicates this competitive rate structure reflects a
rate level of approximately 15% of the Class 100 rates.
The rates applicable from Saskatchewan and Manitoba to Eastern Canada
do not come within the competitive area above outlined and the rate structure
from these two provinces fall within the category of normal commodity rates.
Little more need be said in respect to these rates other than that shippers
receive the benefit of the 'bridge' reduction above mentioned. The statement
shown on the following page indicates this normal commodity rate structure
reflects 18% of the Class 100 rates, which level is considerable lower that the
level of rates prevailing on the same traffic moving within Western Canada
of approximately 23£ per cent of the Class 100 rates.
414
TO
Toronto Ont.
Com-
Percentage
com-
FROM
Class 100
modity
modity rate
Rate
is of
Class 100
British Columbia
Vancouver
1130
158
14.0
Ashcroft
1063
156
14.7
Kamloops
1046
155
14.8
Folkland
1099
155
14.1
Armstrong
1028
153
14.9
Midway
1063
150
14.1
Kelowna
1046
155
14.8
Penticton
1063
155
14.6
Carmi
1063
155
14.6
Castlegar
1028
150
14.6
Nelson
1010
150
14.9
Creston
992
150
15.1
Cranbrook
957
150
15.7
Arrowhead
1010
150
14.9
Vanderhoof
1099
155
14.1
Prince George
1063
153
14.4
Bend
1028
150
14.6
Chase
1046
153
14.6
Savona
1063
155
14.6
Wardner
957
150
15.7
Average relationship from British Columbia. ... 14.7
Alberta
Grande Prairie"
1046
149
14.2
High Prairie
975
144^
14.8
Chisholm
939
141|
15.1
Barrhead
921
141|
15.4
Lac la Biche
939
147
15.7
Edmonton
904
141|
15.7
Whitecourt
939
141*
15.1
Erith
957
14H
14.8
939
141|
15.1
Winfield
939
141|
15.1
Calgary
921
141|
15.4
Bur mis
921
141i
15.4
Average relationship from Alberta.
15.1
Saskatchewan
Akosane
Arborfield
Bertwell
Big River
Carrot River . . .
Crooked River.
Kelvington
Mistatim ,
Peesane
Pelly
Reserve
Sturgis
726
134
18.5
766
138
18.0
726
131
18.0
826
152
18.4
786
143
18.2
746
138
18.5
726
131
18.0
746
134
18.0
746
134
18.0
706
127
18.0
726
131
18.0
706
127
18.0
Average relationship from Saskatchewan.
18.1
Manitoba
Barrows
Bowsman
Hudson Bay.
The Pas
Timberton. . .
Mofeking. . . .
Winnipegosis.
706
686
726
766
666
706
656
129
125
131
138
118
127
118
Average relationship from Manitoba
18.0
415
5. FREIGHT RATE STRUCTURE IN EASTERN CANADA
In Eastern Canada there are two commodity freight rate mileage scales
applicable on lumber; a normal scale and a lower so-called 'constructive scale'.
There are also numerous normal specific commodity rates published as point-
to-point rates, many of which are joint rates. The normal specific commodity
rates, generally speaking, reflect the so-called 'constructive' lumber scale.
Little or no lumber traffic moves under the normal mileage scale of rates
and it can be accepted that the 'constructive' scale of rates reflect the normal
basic level of rates for the movement of lumber within Eastern Canada.
Unlike the Western Canadian rate structure the rates apply from and to
specific points and do not apply from origin rate groups other than that
inherent in the said 'constructive' scale.
A comparison of the said 'constructive' scale with the Class 100 rates is
set out below and it will be noted the overall level of the commodity rate
scale reflects approximately 18£ per cent of the Class 100 rates.
Miles
Class
100
Commodity-
Rate
5.
10.
20.
25.
30.
35.
40.
45.
50.
55.
60.
70.
80.
90.
100.
125.
150
175
200
225
250
275
300
325
350
375
400
425
450
475
500
525
550
575
600
625
650
675
700
56
56
56
61
67
72
78
83
89
94
100
105
111
117
122
133
144
155
167
176
186
196
206
216
226
236
246
256
266
276
286
296
306
316
326
336
346
356
366
416
Percentage
Class
Commodity-
commodity
Miles
100
Rate
rate is of
Class 100
725
376
386
396
406
416
426
A 9ft
446
456
466
476
486
65
65
67
67
70
70
72
73
73
79
17.3
16.8
18.9
16.9
16.8
16.4
10. 0
16.1
16.0
15.7
16.6
750
775 i
800
825
850...
900
925
950
975
1,000
79
16.3
Average relationship 18.3
Mention has been made of the application of the Federation of the Chamber
of Commerce of Abitibi, et al, concerning the rates applicable from the
northern sections of Ontario and Quebec to eastern markets which it was
alleged retarded the progress of the lumber industry. Following presentation
to the Board of such application a general reduction in the freight rates on
lumber from northern Ontario and Quebec was granted by the railways fol-
lowing negotiations with the lumber interests. The rates from such producing
areas were established on basis of the 'constructive' lumber scale mentioned
for single railway hauls, and in respect to joint haul movements, an arbitrary
over such lumber 'constructive' scale was adopted to compensate for the
interchange of traffic between two separate railway systems. These reduced
normal rates became effective in July 1954, shortly after the coming into
force of the negotiated Western Canadian rate structure that has been out-
lined herein. Following agreement between the lumber interests and the
railways on these rates the Federation of the Chamber of Commerce of
Abitibi, et al, requested that the Board take no action on its application as
previously submitted and desired that same be deemed to be withdrawn.
The foregoing outlines the normal freight rate structures applicable on
lumber traffic moving within Canada, west of the Maritime territory, at the
time of the conclusion of the hearings before the Board in June, 1958.
6. SUBMISSIONS OF RAILWAYS AND LUMBER INTERESTS
The submissions of the railways and the various lumber interests in
Canada as presented at the concluding hearings of the Board in the matter
of equalization of rates on lumber are briefly summarized below.
B.C. Lumber Manufacturers Association stated they were of the opinion
that it is impracticable and undesirable to attempt to apply equalization to
lumber commodity rates. They are of the opinion that rates on lumber should
be made an exception to the national freight rates policy section of the Rail-
way Act. Their submission is summarized:
"In regard to Equalization, members of the British Columbia Lumber
Manufacturers Association are firmly of the opinion that it is impractical
and undesirable to attempt to apply Equalization to commodity rates,
particularly to Lumber and Lumber Products.
417
In this connection it is noted in the Report of the Royal Commission
on Transportation, 1951, page 123, that:
'There is therefore no specific provision in the Railway Act calling
for complete equalization of rates throughout Canada.'
It must be noted also that the present Canadian Freight Rate Struc-
ture, as far as lumber from Pacific Coast origins to Eastern Canadian
destinations is concerned, these rates are tied into and governed by the
competitive rates, established between United States Pacific Coast origins
and Prairie and Eastern Canadian destinations.
Also Canadian carriers are a party to and participate in competitive
rates on Lumber and Lumber Products from Pacific Coast origins to all
United States destinations.
Western Canadian mileage rates on lumber are higher than Eastern
Canadian mileage rates on lumber, and much higher than truck and
water compelled rates in Ontario and Quebec.
In view, therefore, of the exceptions which have to be recognized
including (a) Crow's Nest Pass Grain Rates, (b) Maritime subsidized
rates, (c) International rates, (d) export and import traffic rates mov-
ing through Canadian ports (e) competitive rates, (f) Agreed Charges,
we would therefore oppose the proposal to establish an equalized rate
scale throughout Canada for the hauling of lumber from the various
producing regions to consuming destinations."
Alberta Forest Products Association informed the Board they were neither
opposed to nor in favour of equalization of freight rates on lumber.
Interior Lumber Manufacturers Association took the position that the dif-
ferentials and the grouping and zoning principle negotiated in 1954 for applica-
tion within Western Canada should be retained. In lieu of the existing basic
Western lumber scale the said Association submitted for Board consideration
an equalized scale of rates. This proposed scale, the existing Eastern scale
and the existing Western scale, together with their respective relationship to
the Class 100 rates are set out on the following page.
Saskatchewan Timber Board stated that in respect to short haul traffic,
that is for rail hauls not exceeding 150 miles, the rates within Eastern Canada
are higher than the rates for similar distances in Western Canada and concern
was expressed by the said Timber Board that the equalization of lumber rates
would result in increases in the existing short haul rates within Western
Canada.
The Canadian Lumbermens Association represents most of the lumber
manufacturers, wholesalers and retailers in Quebec and Ontario, east of the
Head-of-the-Lakes. They state the lumber industry of that region has been
developed under the railway freight rate structure created for the particular
needs and conditions of that region. It is alleged that the eastern lumber
freight rate structure cannot stand further freight rate increases and if through
equalization the eastern rates are increased the lumber industry must seek
other and cheaper means of transportation. The said Association states they do
not consider that it is reasonably possible to equalize lumber freight rates. Their
submission is summarized as follows:
(1) Order in Council P.C. 1487 does not enjoin upon the Board the neces-
sity of equalizing all rates in Canada.
(2) The same Order in Council does enjoin upon the Board that it should
have due regard for the basic industries.
418
(3) Section 336 of the Railway Act does not enjoin upon the Board the
necessity of equalizing all rates in Canada. Indeed, on the contrary,
subsection 4, paragraph (g) allows the Board to use its discretion in
the application of section 336.
(4) We do not consider it to be reasonably possible or desirable to try to
strike an overall scale of mileage rates which will fit the needs of
both eastern and western Canada.
Miles
Class 100
Eastern Scale
Western Scale
I.L.M.A. Scale
Rate
Percentage
Rate is of
Class 100
Rate
Percentage
Rate is of
Class 100
Rate
Percentage
Rate is of
Class 100
5
56
13
23.2
10
17.9
9
16.1
10
56
14
25.0
11
19.6
10
17.9
15
56
17
30.4
12
21.4
11
19.6
20
56
17
30.4
13
23.2
12
21.4
25
61
19
31.1
14
23.0
13
21.3
30
67
19
28.4
16
23.9
14
20.9
35
72
20
27.8
17
23.6
15
20.8
40
78
20
25.6
18
23.1
16
20.5
45
83
20
24.1
19
22.9
17
20.5
50
89
20
22.5
20
22.5
18
20.2
55
94
24
25.5
21
22.3
19
20.2
60
100
24
24.0
22
22.0
20
20.0
65
105
24
22.9
23
21.9
21
20.0
70
105
24
22.9
24
22.9
22
21.0
80
111
26
25.2
26
23.4
23
20.7
90
117
28
23.9
27
23.1
24
20.5
100
122
29
23.8
28
23.0
25
20.5
110
133
30
22.6
29
21.8
26
19.5
120
133
30
22.6
30
22.6
27
20.3
125
133
30
22.6
31
23.3
28
21.1
130
144
33
22.9
31
21.5
28
19.4
140
144
33
22.9
32
22.2
29
20.1
150
144
33
22.9
33
22.9
30
20.8
160
155
34
21.9
34
21.9
31
20.0
170
155
34
21.9
36
23.2
32
20.6
175
155
34
21.9
37
23.9
33
21.3
180
167
37
22.2
37
22.2
33
19.8
190
167
37
22.2
38
22.8
34
20.4
200
167
37
22.2
39
23.4
35
21.0
210
176
38
21.6
40
22.7
36
20.5
220
176
38
21.6
41
23.3
37
21.0
225
176
38
21.6
42
23.9
38
21.6
230
186
38
20.4
42
22.6
38
20.4
240
186
38
20.4
43
23.1
39
21.0
250
186
38
20.4
44
23.7
40
21.5
260
196
39
19.9
46
23.5
41
20.9
270
196
39
19.9
47
24.0
42
21.4
275
196
39
19.9
48
24.5
43
21.9
280
206
44
21.4
48
23.3
43
20.9
290
206
44
21.4
49
23.8
44
21.4
300
206
44
21.4
50
24.3
45
21.8
325
216
44
20.4
51
23.6
46
21.3
350
226
44
19.5
53
23.5
48
21.2
375
236
46
19.5
56
23.7
50
21.2
400
246
46
18.7
58
23.6
52
21.1
425
256
46
18.0
60
23.4
54
21.1
450
266
46
17.3
62
23.3
56
21.1
475
276
48
17.4
64
23.2
58
21.0
500
286
48
16.8
67
23.4
60
21.0
525
296
52
17.6
69
23.3
62
20.9
550
306
52
17.0
71
23.2
64
20.9
575
316
53
16.8
73
23.1
66
20.9
600
326
53
16.3
75
23.0
68
20.9
625
336
57
17.0
78
23.2
70
20.8
650
346
57
16.5
80
23.1
72
20.8
675
356
62
17.4
82
23.0
74
20.8
700
366
62
16.9
84
23.0
76
20.8
725
376
65
17.3
87
23.1
78
20.7
750
386
65
16.8
89
23.1
80
20.7
775
396
67
16.9
91
23.0
82
20.7
800
406
67
16.9
93
22.9
84
20.7
825
416
70
16.8
95
22.8
86
20.7
419
Miles
Class 100
Eastern Scale
Western Scale
I.L.M.A. Scale
Rate
Percentage
Rate is of
Class 100
Rate
Percentage
Rate is of
Class 100
Rate
Percentage
Rate is of
Class 100
850 ,
426
70
16.4
98
23.0
88
20.7
875
436
72
16.5
101
23.2
91
20.9
900
446
72
16.1
101
22.6
91
20.4
925
456
73
16.0
104
22.8
94
20.6
950
466
73
18.7
104
22.3
94
20.2
975
476
79
16.6
108
22.7
97
20.4
1,000
486
79
16.3
108
22.2
97
20.0
Average relationship 18.9 23.0 20.7
The Railways state the freight rate structure applicable on lumber in
Eastern Canada differs substantially from that applicable within Western
Canada; that each rate structure has been created to meet the particular
circumstances and conditions of its own region and the railways take the posi-
tion it is not reasonably possible to effect equalization in respect of lumber
commodity rates. It is recommended to the Board that an exception be made
in respect to these freight rate structures as permitted under Section 336 of the
Railway Act. The following extract from railway Counsels' arguments we
believe outlines the railways' position.
Mr. J. W. G. Macdougall: —
The general position of the railways in that we believe equalization
should be effected in accordance with the law of the land by equalizing like
with like and where reasonably possible the commodity mileage scales
should be equalized. Now, you have heard the evidence given in this case,
that there are presently two commodity mileage scales in Canada; one
in Eastern Canada and one in Western Canada and in addition there is
what has been called the constructive scale in effect in Eastern Canada
which is published as a mileage scale but which, as the evidence showed,
is really a compilation of a number of specific rates put into a scale for the
convenience of shippers.
Now, with regard to the Eastern mileage scale and the Western mileage
scale. The Western scale applies locally in British Columbia and locally
on the Prairies, and then there are specific commodity rates based on this
scale, which move the large volume of traffic throughout Western Canada.
The specific rates in Eastern Canada which are published as a mileage
scale are the effective rates that move the large volume of traffic in Eastern
Canada. These are the rates which the evidence shows had their origin
years ago due to the effect of the historic economic conditions found by the
railways when they commenced to operate in Eastern Canada, where they
found water carriers already carrying goods and certain rates already in
effect, and in the face of this situation, this historic economic situation, they
put in their rates in Eastern Canada on a lower than normal level. I think
that is a reasonable way of putting it. That was the origin of the effective
rates in Eastern Canada.
In Western Canada you have heard the evidence of the origin of the
effective rates there, they being the result of the negotiations which took
place in 1954 — and here I am referring to the latest addition to the
Western rates, the ones we are concerned with here, which was a scale
of rates worked out and tailored to the particular economic conditions
obtaining in Western Canada at that time, and containing large origin and
destination groupings as the Board is well aware of.
Therefore, the facts of the situation as they are before the Board at the
moment are that these two sets of rates — one in the East which are in
420
reality specific commodity rates set out in a scale and the other in the
West based on rates tailored to the economic problems of Western Canada —
in our view are not comparable. They are not like. Nor do they in our
view admit of equalization, if we are talking about equalizing like with
like. Mr. Headley said you can make an equalized scale at any time by a
mathematical process, but even on that my first proposition, and our first
reason for holding the view that we do that it is not reasonably possible to
equalize the Eastern and Western lumber rates, is that we must consider
and look at the basis and the origin of these rates, and the reason they are
at the levels they are is because of different economic factors applying in
the two parts of Canada.
My second point deals with the theory, which Mr. Headley spoke of,
of the possibility of making an equalized scale of rates, but against that I
direct the Board's attention to the evidence of Mr. Headley and also of
Mr. Halliday, that the result of such theoretical equalization would be a
serious loss of revenue to the carriers. I appreciate that and I urge the
Board to consider that this is a point which is the crux of this problem,
because we have many times said to the Board, and I think correctly, that
equalization is a most desirable thing and that where we can equalize,
and properly equalize, in Canada we should do so, and, in fact, the law
says we have to. There is no question about that, but our basic position
has been and as has been admitted by the Board, that equalization must
not take place at the expense of the railroad's revenue, because all the
consequences which flow from that, as the Board is well aware, are serious,
and they are consequences which should not be imposed either on the
carriers or on the general shipping public.
My third point deals with this old problem of market patterns and
disruption of trade conditions and the Board is very familiar with that
problem and has heard how it applied in this lumber case. The rates which
were devised following the meetings in 1954 and accepted by some with
relish and, perhaps, some with reluctance — and in the latter group I think
we can include the railways — as the best arrangement that could be obtained
considering all points of view of the problem and the parties involved,
would, it seems, have to be discarded if we are to have one uniform scale
of mileage commodity rates having application throughout the whole of
Canada. It is true it might well be possible to have equalized scales with
certain elements of grouping, and I do not think there is any argument
about that proposition, but from the railroads' point of view, we are not
anxious to disrupt the trade and market patterns of the trade and industry
in Western Canada because we do not think that it is a good idea just on
its face and also quite frankly when that happens it usually rebounds to
the detriment of the rail carriers.
We do not speak for the manufacturers or the producers, nor do we
presume to do so, but we understand the submissions of the producers'
organizations in the West, and also in the East, that they are strongly
opposed to alterations in the existing system which would have the effect
of disrupting their trade and market patterns, so I say to the Board in
these circumstances we feel this is a particular reason why we are right
in concluding it is not reasonably possible to equalize these rates.
It might be pointed out, again at this juncture that the effective rates
both of Eastern and Western Canada, are in existence because of certain
historic economic and competitive factors which have compelled the rates
to be published at the level at which they presently are. In the East the
rates are on the level they are because of the historic economic conditions
arising out of the existence of the water routes. This has tended as a
general condition to keep these rates on a fairly low basis — at any rate, on
a basis which is lower today than in Western Canada — and in the West
we have the conditions — call them competitive or whatever you like — the
421
economic marketing conditions in the Prairies which have set the level of
the rates in Western Canada.
So the conclusion we draw from these facts is that we have equaliza-
tion in respect of the rates on lumber today as far as is reasonably possible,
and any attempt to change the situation either in the East or the West can
only result in a depletion of the carriers' revenues and a disruption of the
business, of the trade and market patterns of the lumber producers, and
we think it would do more harm than good taking all of Canada as a whole.
No doubt, there are sections of the country which would claim there may be
some great amount of good come to them, and perhaps small amounts of
harm will come to others, but the Board's purpose is, I know, well known
to the Board, and that is to listen to the sections of the country, to listen
to the railroads, to the East and to the West, and then to decide from a
Canadian point of view whether anything can be done further to make
greater equalization of the rates or whether the existing circumstances and
conditions may preclude it from taking any further action in that regard,
and I leave it to the Board on that basis.
Mr. K. D. M. Spence:
I might say a few of the same things that my friend Mr. Macdougall,
has said. I agree with all the things that he has said, but I would like
to say some of them in my own words.
There has been some suggestion here that Mr. Frawley and the rail-
way counsel were on opposite sides, and at one point in the proceedings
I took exception to that suggestion. I want to make it very clear, as I
have always made it clear in the equalization proceedings, that the rail-
ways have endorsed and assisted and approved of the equalization of the
Class Rates and mileage commodity rates, and our only doubt has been
as to specific commodity rates and in respect to the advisability of apply-
ing equalization at all to them, but we have always taken the position that
there were, even in the other rates, circumstances that would justify the
Board holding its hand and not applying the strict letter of the equalization
statute because it was not a reasonable and practical and possible thing
to do, and I suggest that here we have come to one of those cases.
The facts are very clear on the record proving that it is not reasonably
possible to equalize lumber rates. The reason is that under equalization —
one reason is that under equalization the railways' revenues must be
protected, and in the case of lumber rates they cannot be protected by any
averaging of the rates in the East and the West. If we reduce the rates
in the West we are losing revenue. If we increase the rates in the East
and attempt to compensate for such loss of revenue the business will
undoubtedly go to other forms of transportation.
Now, Mr. Halliday's evidence was unmistakably clear on this, and it
was not contradicted in any respect. The result will be that almost the day
after we put in an average equalized scale we will be forced to put in truck
competitive rates if we are going to retain Mr. Halliday's business, and
the business of the members of his Association and that will make the
equalized scale nothing but paper rates so far as Eastern Canada is con-
cerned, and we will have lost heavily on our Western revenue with no
gain elsewhere to balance it.
Furthermore, we obviously cannot apply equalization even in Western
Canada because of the disturbance which would ensue to the industry there
by the removal of the groupings and the average mileages which are set
up to meet the needs of the lumber industry in the West. It has been
suggested that rate groups can be retained but that is not equalization,
and if we are to make an exception to equalization in the West, then, to be
fair, we should not apply equalization in the East, where the East says it
does not want it and cannot use it.
422
Province of Alberta Through Witness Telford of the Alberta Freight
Bureau an exhibit was filed with the Board showing a comparison of the pre-
vailing rates on lumber applicable within Western Canada with the rates applic-
able for similar distances within Eastern Canada. It is the differences in the
lumber freight rate structures revealed by this exhibit which it is suggested
that the Board review with the object of implementing the national freight
rates policy provisions of the Railway Act. Mr. Frawley, Counsel for the Prov-
ince of Alberta drew the Board's attention to the mandatory provisions of
Section 336 of the Railway Act. Mr. Frawley said:
"I submit the statute casts on the Board the duty to equalize regard-
less of dissimilar circumstances and conditions, and in this case I would
point out there has been no proof of the slightest dissimilarity in circum-
stances and conditions. The only condition, if it could be called a condi-
tion, was the observation by Parliament that equalization must be
reasonably possible, and that, in my respectful submission, is precisely
as it should be. Secondly, the existence of commodity mileage scales both
in the East and in the West makes the situation ideal for the prepara-
tion of an equalized scale. The Board cannot be expected to, and should
not attempt to, explore the historical reasons for the publication of the
existing mileage scale in the East. The Board should act upon the situa-
tion as it finds it today. Thirdly, there is no need to eliminate the present
shipping groups in Western Canada, but, on the contrary, the Board
should maintain the groups in the working-out of any equalized scale,
and there is ample precedent for that, if at no place else, in the retention
of Groups A and B in the Class Rates Scale. Fourthly, there is no sub-
stance in the suggestion, and it is no more than a suggestion, that the
entire movement of lumber will leave the rails and go to the highways
if the Board discharges its statutory obligation and equalizes the lumber
rates. I turn now to the railways, and I am glad to say that although I
have taken up quite a bit of the Board's time I am just about finished.
What is the position of the railways? They fear a loss of revenue, and
they rely on the phrase 'so far as is reasonably possible'. Mr. Deputy
Chief Commissioner and Mr. Commissioner Knowles, are there no equities
in this case? There are, indeed, and these are the equities: The higher
freight rates in the West, the lower freight rates in the East, and the
revenue position of the railways. I think that is a perfectly fair way to
sum up what are the equities. Those are the equities which must be kept
in mind, and which must be resolved one against the other in the disposition
of this case. The statute says to the Board that there must be equalization,
that there must be an end to the inequality. The higher rates in the East,
when they are higher, must be equalized with the lower rates in the West,
and, vice versa, the higher rates in the West, when they occur, must be
equalized with the lower rates in the East, and then Parliament immediately
says: 'But, unless you can guarantee — guarantee — not a dollar's loss of
revenue then do nothing about it. Do nothing about it; leave the inequalities
there'. If that is what my friends are saying that is a perfectly unsound
argument. Parliament has not said anything at all about it. The para-
mount purpose of Section 336 is to remove inequalities, and it must be done
wherever reasonably possible, and if the Board was absolutely certain that
there was going to be a large loss of revenue to the railways then there
might be presented a problem. Then, I wonder what the situation would
be. Even in that event, then, must the statute be ignored? Must the higher
rates in the East or in the West, wherever they happen to be, continue?
Must the removal of the inequality which, surely, was the prime object of
that section, be excepted; must that be allowed to continue because there
was what looked like an assured loss of revenue to the railways? I would
423
not accept that. That is not this case, but I would not accept that. I would
say that Parliament would still say the inequalities must be removed, and
if in the doing of that the railways have to reconstruct their freight rate
structure, and find larger revenues within some other larger segments of
industry, then that must be the consequence, but the inequities must be
removed.
So, I say the removal of the inequities is the prime object and purpose
of Section 336, and unless the railways can make out a case, which they
have not made out here at all, of an absolutely assured loss of revenue —
and in my opinion not even then — the Board must not hesitate in the dis-
charge of the function which the statute has put upon it."
Western Retail Lumhermens Association represents approximately one
thousand retail lumber and building supply outlets in Western Canada, extend-
ing from the Head-of-the-Lakes to the interior of British Columbia. The said
Association stated they associate themselves in every respect with the submis-
sions of the Province of Alberta.
7. DISCUSSION
Under these proceedings the Board is directed insofar as it is reasonable
to do so to prescribe a uniform level of rates for the rail transportation of
lumber and related articles between all points in Canada west of the Maritime
territory. In the light of the freight rate structures existing at the time of the
final hearings in this matter it did not appear to the Board that maintaining
the existing rate group system in Western Canada should be a barrier to the
institution of uniformity of rates as required by the statute. The statute does
not dictate that uniformity of commodity freight rates must be accomplished
on a mile-for-mile formula. It is the basic level of rates that is in issue and
the Board considered at that time that a pattern of rates that would be
approximately uniform in its relation to the governing uniform class rate scale
could reasonably be accepted as meeting the requirements of the statute and
in accordance with the national freight rates policy. The basic concept of
equalization is that Canada has reached a stage in its development that former
methods of making regional rates must give way to a uniform freight rate
structure that, as far as may be reasonably possible, will treat all citizens,
localities, districts and regions alike.
We come now to a consideration of the normal commodity rate level apply-
ing within Eastern Canada on lumber and the normal commodity rate level
applying within Western Canada with the view to creating uniformity in the
application of these two separate freight rate structures. These rates are
shown on the following page, together with the scale of rates proposed by the
Interior Lumber Manufacturers Association. Based upon the facts as heretofore
set out, a commodity rate level reflecting approximately 21% of the Class 100
rates would not be an unreasonable normal level of rates for general applica-
tion on lumber traffic in Canada, west of the Maritime Territory. This level
of rates was evaluated by the Board's Traffic Department by applying to such
scale a revenue test based on an estimated annual movement of 6,300 carloads
of lumber moving under normal commodity rates during the year 1957. This
detailed revenue analysis revealed that railway revenue would have been
maintained within 1£ per cent of the then existing revenues.
It is important to here note that subsequent to the above mentioned review
and analysis the general freight' rate structure applicable to lumber within
Eastern Canada was drastically changed.
Effective in July 1958 the Canadian National Railways issued Tariff No.
CF-465, C.T.C. No. E.4111 putting into effect competitive rates applicable from
northern Ontario and Quebec, between Hearst, Ont. and the Lake St. John
424
District, to consuming centres throughout Ontario and Quebec, this in order to
meet alleged motor truck competition.
Present Scales
I.L.M.A.
21% of
Miles
Proposed
Class
East
West
Scale
100
5
13
10
9
12
10
14
11
10
12
15
17
12
11
12
20
17
13
12
12
25
19
14
13
13
30
19
16
14
14
35
20
17
15
15
40
20
18
16
16
45
20
19
17
17
50
20
20
18
19
55
24
21
19
20
24
22
20
21
65
24
23
21
22
70
24
24
22
22
80
28
26
23
23
28
27
24
25
29
28
25
26
30
29
26
28
120
30
30
27
28
125
30
31
28
28
130
33
31
28
30
140
33
32
29
30
150
33
33
30
30
160
34
34
31
33
170
34
36
32
33
175
34
37
33
33
180 F.Vf*?. .^t^ffr.4"
37
37
33
35
37
38
34
35
200
37
39
35
35
210
38
40
36
37
220
38
41
37
37
225
38
42
38
37
230
38
42
38
39
240
38
43
39
39
250
38
44
40
39
260
39
46
41
41
270 wr.L.CT
39
47
42
41
275 . H.rtfc AiM
39
48
43
41
280
44
48
43
43
290
44
49
44
43
300
44
50
45
43
325
44
51
46
45
350
44
53
48
47
375
46
56
50
50
400
46
58
52
52
425
46
60
54
54
450
46
62
56
56
475
48
64
58
58
500
48
67
60
60
525
52
69
62
62
550 .,
52
71
64
64
575
53
73
66
66
600 . .v.\'. :9A"
53
75
68
68
625 MtkVlW'HWm
57
78
70
71
650
57
80
72
73
675
62
82
74
75
700
62
84
76
77
725
65
87
78
79
750
65
89
80
81
775
67
91
82
83
800
67
93
84
85
825
70
95
86
87
70
98
88
SQ
oy
875
72
101
91
92
900
72
101
91
94
925
73
104
94
96
950
73
104
94
98
975
79
108
97
100
1,000
79
108
97
102
Average relationship to Class 100 rates. . . .
18.9%
23.0%
20.7%
21.0%
425
Section 334 (2) of the Railway Act provides: —
"The Board may require a company issuing a competitive rate tariff
to furnish at the time of filing the tariff, or at any time, any information
required by the Board to establish that
(a) the competition exists;
(b) the rates are compensatory; and
(c) the rates are not lower than necessary to meet the competition;
and such information, if the Board in any case deems it practicable and
desirable, shall include all or any of the following:
(i) the names of the competing carrier or carriers,
(ii) the route over which competing carriers operate,
(iii) the rates charged by the competing carriers, with proof of such rates
as far as ascertainable,
(iv) the tonnage normally carried by the railway between the points of
origin and destination,
(v) the estimated amount of tonnage that is diverted from the railway
or that will be diverted if the rate is not made effective,
(vi) the extent to which the net revenue of the company will be
improved by the proposed changes,
(vii) the revenue per ton-mile and per car-mile at the proposed rate and
the corresponding averages of the company's system or region in
which the traffic is to move, and
(viii) any other information required by the Board regarding the proposed
movement."
The Board consequently requested the substantiation of the institution of
the above mentioned motor truck competitive rates and in response to this
request the following submission was received from the Canadian National
Railways.
"It is quite true that at the time of the hearing of this matter before
the Board in June last, the rates on lumber from Northern Ontario and
Quebec to destinations in Quebec and Ontario shown in Tariff No. CF 465,
CTC E-4111 were marked as normal commodity rates. Shortly thereafter
we were shown by the industry in the area that this traffic was imperilled
by motor truck competition and, effective July 28th, 1958, truck competi-
tive rates were published to hold this traffic. On December 1st, 1958, the
17% general increase in freight rates was applied to this traffic and a
sincere effort has been made to retain the increase without an offsetting
loss of traffic. Since that time, however, a number of the major and
reputable industries concerned in this area have again made it very clear
to us that if we remained adamant in continuing the application of the
17% freight rate increase on these rates it would result in the loss of
upwards of 3,000 cars per year through truck competition.
Another factor entering into the situation is that the B.C. coast
producers usually set the price of lumber in Eastern Canada because of
the low cost of production in B.C., coupled with the fact that the rates to
Eastern Canada are not affected by the Canadian freight rate increases
since they are tied to the Seattle rate and move with the U.S. increases.
This matter has caused us a great deal of concern and has been the
subject of special meetings between our officers and the major lumber
operators. We have been shown that the various lumber operators in the
Hearst area were working on a transportation pool whereby lumber could
be trucked from the Hearst area to Cochrane and then turned over to
common carrier truckers keenly anxious to secure return loads from the
Cochrane area to destinations in Central Ontario and Quebec. A similar
426
situation existed insofar as concerns traffic from the North Bay area to the
same destination. Truckers making daily northbound trips were exerting
extreme pressure on the lumber operators to obtain return loads.
Our study of this matter revealed that while truck operators in
Southern Ontario increased their rates the full 17% effective December 1st,
1958 when the rail increases were applied and that they did this because
prior to that time their rates were based on a very low level, the truck
operators handling traffic to and from Northern Ontario and Quebec did
not follow the action of the truckers in Southern Ontario and did not
increase their rates.
A further spur to the removal of the 17% increase in these rates
was the certainty that the action described above on the part of the larger
truck operators would be followed by similar action on the part of the
smaller truckers at even lower competitive rates.
We are satisfied that the circumstances fully justified our action in
exempting these motor truck competitive lumber rates from the general
17% increase, reluctant as we have been to make that change. We are
satisfied also that any other course would have definitely resulted in the
rail carriers' loss of the major portion of that traffic with a consequent
serious depletion in our revenues.
It is realized that the Board in its letter requested information as set
out in Section 334 of the Railway Act. We think it is clearly evident
that competition exists via highway carriers and that the rates have not
been kept any lower than necessary to meet competition. We are satisfied
also that the rates are compensatory, but we do not have a detailed
study in this regard to submit at this time. We would hope that the
Board might be satisfied with this explanation and that we would not
be required to make a full-scale detailed study into these rates. If
there is any further information which we have available we will be
only too happy to send it along if need be."
Subsequently, effective December 1, 1958, the said motor truck com-
petitive rates were increased by the railways by 17 percent, but apparently
the transportation competition was such that this increase could not be
maintained and same was removed effective in February 1959. Following
this voluntary action on the part of the railways the authorized 17 percent
increase on normal lumber rates applying from origins in the Maritime
territory to eastern Ontario and Quebec markets was also removed due
obviously to market competitive conditions.
On July 6, 1959 the Canadian Pacific Railway took somewhat similar
action to that taken by the Canadian National Railways the year previous, by
publishing a mileage scale of rates applicable from its lumber producing
areas located in Chalk River, Ont. and west to consuming centres in Ontario
and Quebec, such level of rates being also established to meet alleged motor
truck competition.
Thus from practically all main lumber producing areas of Ontario and
Quebec a general lower level of rates had been established by both the
Canadian Pacific and Canadian National Railways to meet motor truck
competition.
8. CONCLUSION AND FINDINGS
In summary the freight rate structures now applicable on lumber traffic
in Canada, west of the Maritime territory, are;
(a) Normal commodity rates within Western Canada
427
(b) Competitive commodity rates from British Columbia and Alberta
to Eastern Canada established to meet rates from United States
western origins via American railroads.
(c) Competitive commodity rates within Eastern Canada established
to meet motor truck transportation.
Competitive rates are exempt from the equalization provisions of the Railway
Act and consequently such class of freight rates cannot be recognized in the
formulation of a uniform level of rates for general application in Canada.
The Board does not now consider that the normal commodity rates prevail-
ing in Eastern Canada which reflect approximately 19 per cent of the Class
100 rates, in conjunction with the normal commodity rates applicable within
Western Canada of 23 \ percent of the Class 100 rates can, for practical reasons,
be used as a basis for the establishment of uniform rates. Such a formula
would result in increases in most of the present normal commodity rates within
Eastern Canada and reductions in practically all commodity rates within
Western Canada. The resulting rates within Eastern Canada would be of no
material value inasmuch as the major portion of this traffic now moves at
much lower motor truck competitive rates, while the reduction in rates within
Western Canada could only result in loss of railway revenues. It is axiomatic
that such loss of revenue on the western traffic could not be offset by increases
in rates in the eastern portion of Canada. In the final analysis the adoption of
this method would merely be the creation of a theoretical uniform scale of
rates.
In the circumstances and under the conditions as herein set out the Board
does not consider that it is reasonably possible to effect further uniformity
in railway freight rates on lumber traffic in Canada, and the Board finds the
freight rate structures as they exist at the present time must be, and they are
hereby, declared to be an exception to the national freight rates policy under
the provisions of paragraph (g) of Section 336 (4) of the Railway Act.
Ottawa, Ont., September 15, 1959.
A. SYLVESTRE,
Deputy Chief Commissioner.
L. J. KNOWLES,
Commissioner.
428
ORDER No. 99180
In the matter of the application of Niagara Gas Transmission Limited, herein-
after called the "Applicant", under sections 11 and 12 and other relevant
sections of the Pipe Lines Act and Section 251 of the Railway Act, for an
Order granting the Applicant leave to construct a pipe line for the trans-
portation of natural gas from a point in the City of Ottawa, in the
Province of Ontario, across the Ottawa River to a point in the Village of
Gatineau Point, in the Province of Quebec:
File No. 45371.49
Wednesday, the 16th day of September, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Upon reading Order in Council P.C. 1959-1172, dated September 11, 1959,
and the submissions filed —
And upon hearing the application at a sittings of the Board held in Ottawa
on September 10, 1959, in the presence of Counsel for the Applicant and Counsel
representing the Attorney General of the Province of Quebec, no one appearing
in opposition to the application —
And upon commitment by the Applicant to obtain the necessary title to the
river bed from the appropriate authorities in the Provinces of Ontario and
Quebec —
The Board having reserved its Judgment and having considered the evidence
submitted —
It is hereby ordered as follows:
1. Leave is granted to the Applicant to construct a pipe line from a point
in the City of Ottawa, in the Province of Ontario, to a point in the Village of
Gatineau Point, in the Province of Quebec, as shown on the route map dated
September 10, 1959, on file with the Board under file No. 45371.49; leave is
also granted to the Applicant to construct its pipe line across the Ottawa River
as shown on plan D-299, revised July 28, 1959, on file with the Board under
file No. 45371.49.
2. The Applicant shall submit to the Board for approval a plan, profile and
book of reference of the said company pipe line pursuant to Section 11 of the
Pipe Lines Act.
A. SYLVESTRE,
Deputy Chief Commissioner.
429
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
JULY, 1959
Railway Accidents 265 Killed 22 Injured 602
Level Crossing Accidents .... 34 Killed 14 Injured 43
Total 299 36 645
Passengers
Employees
Others
Total
Killed Injured
2 364
6 225
28 56
36 645
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
— 1 Auto truck struck by train. Licence: Nfld. C-2890.
Prince Edward Island
2 — Automobile struck by train. Licence: N.S. 4-68-63.
Nova Scotia
— 3 Automobile struck by train. Licence: N.S. 12-0585.
— 2 Automobile ran into side of train. Licence: N.S. 37524.
New Brunswick
— 2 Automobile struck by train. Licence: N.B. 26-527.
— 1 Cyclist slid into side of train.
Quebec
— 1 Automobile struck by train. Licence: Que. 377-804.
— 2 Automobile struck by train. Licence: Que. 330-801.
1 2 Automobile ran into side of train. Licence: Que. 556-104.
1 — Automobile struck by train. Licence: Que. 267-147.
— 1 Automobile struck by train. Licence: Que. 419-440.
— 1 Track motor car struck by automobile. Licence: Que. T-11676.
1 5 Automobile struck by train. Licence: Que. 588-962.
Ontario
— 1 Automobile ran into side of train. Licence: Ont. 294-987.
— 2 Automobile struck by train. Licence: Ont. 791-101.
— 1 Auto truck struck by train. Licence: Ont. 33841-B.
— 1 Auto truck struck by train. Licence: Ont. 24526-B.
— 1 Automobile ran into side of train. Licence: Ont. J-42728.
2 — Automobile struck by train. Licence: Ont. 99-780.
2 — Automobile struck by train. Licence: N.Y. EC-9501.
— 1 Auto truck struck by train. Licence: Ont. 14-034-B.
2 — Auto truck struck by train. Licence: Ont. 49-761-A.
— 2 Motorcycle ran into side of engine. Licence: Ont. C-427.
1 — Automobile ran into side of train. Licence: Ont. 909-197.
1 — Pedestrian struck by R.D. unit.
— 2 Automobile struck by train. Licence: Ont. 359-388.
— 4 Automobile ran into side of train. Licence not given.
— 1 Auto truck ran into side of train. Licence: Ont. 25-981-B.
1 — Automobile struck by train. Licence: Ont. A-12948.
430
Killed Injured
Manitoba
— 1 Automobile ran into side of train. Licence: Man. 6-N-888.
Saskatchewan
1 Automobile ran into side of train. Licence: Alta. TE-444.
1 Auto truck ran into side of train. Licence not given.
1 Automobile struck by train. Licence: Sask. 63-284.
Alberta
2 Automobile struck by train. Licence: Alta. GY-660.
Of the 34 accidents at highway crossings, 24 occurred at unprotected crossings,
10 at protected crossings, 25 occurred after sunrise and 9 after sunset.
Ottawa, Ontario, September 15, 1959.
431
SUMMARY OF ORDERS ISSUED BY THE BOARD
99059 Sept. 9 — Authorizing Imperial Oil Limited to construct a salt water pipe
line across and under the pipe line of Westspur Pipe Line Company
in Sec. 17, Twp. 4, Rge. 5, West 2nd M., Sask.
99060 Sept. 9 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99061 Sept. 9 — Relieving the C.P.R. from erecting right of way fencing along the
east side of its right of way between Mileage 62.05 and Mileage 62.2
Winnipeg Beach Subd., Man.
99062 Sept. 9 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 21 where it crosses the C.N.R. at Mileage 55.17 Rapid City Subd.,
Man.
99063 Sept. 9 — Rescinding Order No. 67876 which approved facilities of Imperial
Oil Limited for storage of flammable liquids near the C.P.R. at Ste.
Anne de la Parade, P.Q.
99064 Sept. 9 — Approving flammable liquid storage facilities of North Star Oil
Limited at Swan River, Man., Mileage 0.13 Erwood Subd., C.N.R.
99065 Sept. 9 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Kimberley, B.C., C.P.R.
99066 Sept. 9 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Yellow Creek, Sask., C.N.R.
99067 Sept. 9 — Authorizing the removal of the speed limitation at the crossing of
51st Ave. and the C.P.R. in Edmonton, Alta., Mileage 94.9 Leduc
Subd.
99068 Sept. 9 — Approving application of The Chesapeake & Ohio Rly. Co. to operate
its engines, cars and trains over the siding serving Dow Chemical
Co. of Canada Limited, Sarnia, Ont.
99069 Sept. 9 — Authorizing Consumers' Gas Company to construct a gas main across
and under the pipe line of Trans-Northern Pipe Line Co. at Dixon
Road, Tv/p. of Etobicoke, Ont.
99070 Sept. 9 — Approving crude oil loading facilities of Gibson Petroleum Company
Limited at Reno, Alta.
99071 Sept. 9 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Mariapolis, Man., Mileage 96.20 Carman
Subd., C.N.R.
99072 Sept. 9 — Approving Drawing No. PPB-7100, Rev. 1, submitted by Westcoast
Transmission Co. Ltd., showing revised location of its gathering pipe
line at certain locations in the Peace River District of B.C.
99073 Sept. 10 — Approving location of freight and passenger shelter proposed to be
erected by the C.N.R. at Banning, Ont.
99074 Sept. 10 — Authorizing the Manitoba Dept. of Public Works to construct its
Metropolitan Winnipeg By-Pass across the C.P.R. in River Lot 94,
Parish of St. Charles, Man., Mileage 5.29 Glenboro Subd.
99075 Sept. 10 — Dismissing application of the C.P.R. for authority to remove the care-
taker at Jack Fish, Ont.
99076 Sept. 10 — Authorizing the C.P.R. to construct an industrial spur across Norse-
man St., between Lots 12 and 13, in First Meridian Cone, Twp. of
Etobicoke, County of York, Ont.
99077 Sept. 10 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway in the Village of Lac au Saumon,
Co. Matapedia, P.Q., Mileage 52.65 Matapedia Subd.
99078 Sept. 10 — Authorizing the Plains-Western Gas & Electric Co. Ltd., to construct
a natural gas main across and under the pipe line of Westcoast Trans-
mission Company Limited, in the SWA Sec. 31, Twp. 83, Rge. 18,
W.6M., Prov. of B.C.
99079 Sept. 11 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
99080 Sept. 11 — Approving proposed flammable liquid storage facilities of British
American Oil Company Limited, at Senneterre, P.Q., C.N.R.
432
99081 Sept. 11 — Authorizing the C.N.R. to discontinue the services of a station agent
during the summer at Sixteen Island, P.Q., provided a caretaker is
appointed for the full year.
99082 Sept. 11 — Rescinding Order No. 72873 which approved facilities of Canadian
Oil Companies Limited near the C.N.R. at Brazeau, Alta.
99083 Sept. 11 — Authorizing the removal of the speed limitation at the crossing of
Cote St. Luc Road and the C.P.R. in Cote St. Luc, P.Q., Mileage
44.98 Adirondack Subd.
99084 Sept. 11 — Approving revisions to tariffs filed by the British Columbia Tele-
phone Company.
99085 Sept. 11 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Bracebridge, Ont., Mileage 10.0 Huntsville Subd., C.N.R.
99086 Sept. 11 — Approving flammable liquid bulk storage facilities of Ethelbert Con-
sumers Co-Operative Limited, at Ethelbert, Man., Mileage 29.67
Cowan Subd., C.N.R.
99087 Sept. 11 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Magpie, Ont., Mileage 9.09 Michipicoten Subd.,
Algoma Central and Hudson Bay Rly. Co.
99088 Sept. 11 — Approving flammable liquid storage facilities of North Star Oil
Limited at Dominion City, Man., Emerson Subd., C.P.R.
99089 Sept. 11 — Authorizing the City of Edmonton to construct 105th Street across
the C.N.R. by means of an overhead bridge in the City of Edmonton,
Alta.
99090 Sept. 11 — Rescinding Orders Nos. 66211, 73883 and 74689, which approved
location of facilities of Imperial Oil Limited near the tracks of the
C.N.R. at Beaver River, Alta.
99091 Sept. 11 — Rescinding Orders 63888, 64465 and 74750 which approved the loca-
tion of facilities of Imperial Oil Limited near the tracks of the
C.P.R. at Senate, Sask.
99092 Sept. 11 — Rescinding Order No. 64092, which approved the location of facilities
of North Star Oil Limited near the tracks of the C.P.R. at Frontier,
Sask.
99093 Sept. 11 — Approving flammable liquid storage facilities of Canadian Oil Com-
panies Limited, at Espanola, Ont., Mileage 1.99 Little Current Subd.,
C.P.R.
99094 Sept. 11 — Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and Martin St., in Beachville, Ont., Mileage 54.4 Dundas Subd.
99095 Sept. 11 — Rescinding Order No. 56337, which approved the location of facilities
of North Star Oil Limited near the C.P.R. tracks at Robsart, Sask.
99096 Sept. 14 — Authorizing the N.S. Dept. of Highways to construct Roland Avenue
across the C.N.R. in the Village of Timberlea, Co. Halifax, N.S.,
Mileage 7.85 Chester Subd.
99097 Sept. 14 — Dismissing application of the C.P.R. for authority to remove the care-
taker at Algoma, Ont.
99098 Sept. 14 — Authorizing the Town of Bracebridge, Ont., to relocate Thomas
Street where it crosses the C.N.R. at Mileage 9.83 Huntsville Subd.
99099 Sept. 14 — Rescinding Order No. 64094, which approved the location of facilities
of North Star Oil Limited, near the tracks of the C.P.R. at Orkney,
Sask.
99100 Sept. 14 — Rescinding Order No. 56619, which approved location of facilities of
North Star Oil Limited near the C.P.R. tracks at Climax, Sask.
99101 Sept. 14 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Highway No. 23 five miles southeast of Blackie,
Alta., Mileage 69.33 Aldersyde Subd.
99102 Sept. 14 — Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signals, at the crossing of their railway and Caradoc
and Metcalfe Sts., Co. Middlesex; and Oxford, Victoria and Richmond
Sts., in the Town of Strathroy, Ont.
99103 Sept. 14 — Amending Order No. 91300, re apportionment of cost of constructing
an overhead bridge across the C.N.R. at intersection of Plank Road
and Indian Road, in Sarnia, Ont.
433
99104 Sept. 14— Authorizing the City of St. Laurent, P.Q., to construct Toupin
Boulevard across the C.N.R. at Mileage 0.96 Montford Subd.
99105 Sept. 14 — Authorizing the Great Northern Railway Company to construct an
industrial branch line at certain locations in the New Westminster
District of B.C.
99106 Sept. 14 — Requiring the C.N.R. to install two flashing light signals, in lieu of
the existing wig wag signals, at the crossing of their railway and
Norwich St., in the City of Woodstock, Ont., Mileage 49.05 Dundas
Subd.
99107 Sept. 14 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 13 where it crosses the C.N.R. at Mileage 35.20 Harte Subd.
99108 Sept. 14 — Authorizing the B.C. Dept. of Highways to construct the highway
across the C.P.R. by means of an overhead bridge at Mileage 3.71
New Westminster Subd.
99109 Sept. 14 — Requiring the N.Y.C. Railroad Company to install automatic protec-
tion at the crossing of their railway and New Erin Road, at New
Erin, P.Q., Adirondack Subd.
99110 Sept. 14 — In the matter of protection at crossing of Highway No. 46 and the
C.N.R. at Kirkfield, Ont., Mileage 23.76 Coboconk Subd.
99111 Sept. 14 — Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signals, at the crossing of their railway and Ridge
Road, in Ridgeway, Ont., Mileage 9.04 Dunnville Subd.
99112 Sept. 14 — Authorizing the Quebec Dept. of Roads to widen Edward Road
across the C.N.R. at St. Justin, County of Maskinonge, Mileage 77.56
Grand'Mere Subd.
99113 Sept. 14 — Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signals at the crossing of their railway and the
highway at Mileage 13.91 Dundas Subd.
99114 Sept. 14 — Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signal at the crossing of their railway and Park
St. in Kitchener, Ont., Mileage 63.40 Brampton Subd.
99115 Sept. 14 — Requiring the C.N.R. to install a flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
King St., in Port Colborne, Ont., Mileage 19.17 Dunnville Subd.
99116 Sept. 14 — Approving proposed temporary anhydrous ammonia unloading
facilities of Consolidated Mining and Smelting Company at Head-
ingly, Portage la Prairie, Brandon and Orthez, Man., C.P.R.
99117 Sept. 14— Requiring the C.N.R. to install flashing light signals in lieu of the
existing wig wag signals at the crossing of their railway and Wilson
Street in Woodstock, Ont., Mileage 49.26 Dundas Subd.
99118 Sept. 14 — In the matter of protection at the crossing of the C.N.R. and High-
way No. 46 near Argyle, Ont., Mileage 16.4 Coboconk Subd.
99119 Sept. 14 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Mileage 49.73 Prescott Subd., Ont.
99120 Sept. 14 — In the matter of protection at the crossing of the C.N.R. and Raglan
St., Renfrew, Ont., Mileage 53.9 Renfrew Subd.
99121 Sept. 14 — Requiring the C.N.R. to install flashing light signals, in lieu of
existing wig wag signals, at crossing of their railway and the high-
way east of Princeton Station, Ont., Mileage 37.77 Dundas Subd.
99122 Sept. 14 — Requiring the C.N.R. to install two flashing light signals, in lieu
of the existing wig wag signals at the crossing of their railway and
the highway just east of station at Grimsby Beach, Ont.
99123 Sept. 15 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99124 Sept. 15 — Authorizing the Algoma Central and Hudson Bay Rly. Company to
remove the caretaker at Coppell, Ont.
99125 Sept. 15 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 across the pipe line of the Interprovincial Pipe Line Company
in Lot 8, Cone. 9, Twp. of Blenheim, County of Oxford, Ont.
99126 Sept. 15 — Authorizing the B.C. Electric Company Limited to construct a gas
main across and over the pipe line of the Trans Mountain Oil Pipe
Line Company at Rathburn Road, Munic. of Surrey, B.C.
434
99127 Sept. 15 — Authorizing Lakeland Natural Gas Limited to construct a gas main
across and under the pipe line of Trans-Canada Pipe Lines Limited,
in the county road, Lot 32, Cone. 5, Cramahe Twp., Ont.
99128 Sept. 15 — Rescinding Orders 70108 and 70292, which approved the location of
facilities of Cornwall Co-Operative Association near the C.N.R. at
Cornwall, Ont.
99129 Sept. 15 — Rescinding Orders 67794 and 76781, which approved the location
of facilities of Imperial Oil Limited near the C.N.R. at Fort Kent,
Alta.
99130 Sept. 15 — Rescinding Order 59551 which approved the location of facilities of
North Star Oil Limited near the C.N.R. at Beechy, Sask.
99131 Sept. 15 — Rescinding Order 67798, which approved the location of facilities
of North Star Oil Limited near the C.N.R. at Demaine, Sask.
99132 Sept. 15 — Rescinding Order No. 59732, which approved the location of facili-
ties of Imperial Oil Limited, for the storage of flammable liquids
near the C.N.R. at Main Centre, Sask.
99133 Sept. 15 — Approving flammable liquid storage facilities of British American
Oil Company Limited, at Carnduff, Sask., Estevan Subd., C.P.R.
99134 Sept. 15 — Approving the location of a proposed warehouse of the Shell Oil
Company of Canada Limited, at St. James, Man., Mileage 3.4 Oak
Point Subd., C.N.R.
99135 Sept. 15 — Approving location of station to be constructed by the C.N.R. at
Vernon, P.E.I.
99136 Sept. 15— Rescinding Orders 62786 and 77029 which approved facilities of
Imperial Oil Limited for the storage of flammable liquids near the
C.N.R. at Therien, Alta.
99137 Sept. 15 — Approving flammable liquid storage facilities of Texaco Canada
Limited, at Charlottetown, P.E.I., Mileage 0.00 Kensington Subd.,
C.N.R.
99138 Sept. 15 — Requiring the C.N.R. to install flashing light signals in lieu of the
existing wig wag signals at crossing of their railway and Highway
No. 2 in Woodstock, Ont., Mileage 50.67 Dundas Subd.
99139 Sept. 15 — Amending Order 93518, which authorized the Co. of Wentworth,
Ont., to construct the overhead bridge carrying County Road No. 22
across the C.N.R. at Mileage 11.5 Hagersville Subd.
99140 Sept. 15 — Amending Order No. 88436, re apportionment of cost of constructing
a subway to carry Bloor St. under the C.P.R. tracks in the Twp. of
Etobicoke, Ont.
99141 Sept. 15 — Amending Order 98849 which authorized the Ont. Dept. of Highways
to construct Highway No. 27 over the C.N.R. by means of an over-
head bridge, to replace the existing overhead bridge at Mileage 9.41
Oakville Subd.
99142 Sept. 15— Approving Supplement to Traffic Agreement between The Bell
Telephone Co. of Canada and Les Pionniers de St-Marc.
99143 Sept. 15— Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Queen
St., in Kitchener, Ont., Mileage 1.37 Waterloo Subd.
99144 Sept. 15 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
Erie Street (Highway No. 7) in Stratford, Ont., Mileage 0.80 Thorn-
dale Subd.
99145 Sept. 15 — Amending Order No. 88366, which authorized the Munic. of Metro-
politan Toronto to construct a subway at the intersection of Royal
York Road and the C.P.R. at Mileage 7.70 Gait Subd., and to con-
struct an overhead highway bridge at Dundas St. and the Railway,
at Mileage 7.76 Gait Subd., all in Twp. of Etobicoke, County of
York, Ont.
99146 Sept. 16— Authorizing the C.N.R. to reconstruct its bridge at Mileage 74.3
Brazeau Subd., Alta.
99147 Sept. 16 — Requiring the C.P.R. to install automatic protection at crossing of
their railway and Highway No. 7A, near Cavan, Ont., Mileage 33.8
Peterborough Subd.
435
99148 Sept. 16 — Requiring the C.N.R. to install a flashing light signal, in lieu of the
existing wig wag signal, at crossing of their railway and James St.
in St. Mary's, Ont., Mileage 11.31 Thorndale Subd.
99149 Sept. 16 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Main
St., Rockwood, Ont., Mileage 41.27 Brampton Subd.
99150 Sept. 16 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Strange
St., Kitchener, Ont., Mileage 63.52 Brampton Subd.
99151 Sept. 16 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at crossing of their railway and Main St.
in Forest, Ont.
99152 Sept. 16 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Highway
No. 7 near Rannoch, Ont., Mileage 4.12 Forest Subd.
99153 Sept. 16 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 606 at Markstay, Ont., Mileage 54.93
Cartier Subd.
99154 Sept. 16 Requiring the C.N.R. to install a flashing light signal, in lieu of the
existing wig wag signal, at the crossing of their railway and Main
Street in Lucan, Ont.
99155 Sept. 16 Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signals, at the crossing of their railway and York-
shire Street in Guelph, Ont., Mileage 49.33 Brampton Subd.
99156 Sept. 16 — Approving proposed additional flammable liquid storage facilities
of Imperial Oil Limited, at Sidney, Man., C.P.R.
99157 Sept. 16 Approving proposed additional flammable liquid storage facilities
of Imperial Oil Limited at Deer Lake, Nfld., C.N.R.
99158 Sept. 16 — Authorizing Lakeland Natural Gas Limited to construct a gas main
across and under the pipe line of Trans-Northern Pipe Line Company
in the County road in Lot 32, Cone. 5, Twp. of Cramahe, Ont.
99159 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
Highway No. 7 at Mileage 2.18 Forest Subd., Ont.
99160 Sept. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Valois Avenue, Town of Pointe Claire, P.Q., Mileage
12.77 Cornwall Subd.
99161 Sept. 16 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Mileage 59.9 Indian Head Subd., Sask.
99162 Sept. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at first public crossing south of station
at Trochu, Alta., Mileage 50.7 Three Hills Subd.
99163 Sept. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 49.84 Drumheller Subd., Alta.
99164 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at Christina St., Sarnia, Ont., Mileage
0.66 Point Edward Subd.
99165 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and the
highway just east of the station at Stevensville, Twp. of Bertie,
County of Welland, Ont.
99166 Sept. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Mileage 36.95 Unity Subd., Sask.
99167 Sept. 16 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Highway
No. 8, about 1£ miles east of Stamford, Ont., Mileage 1.21 Welland
Subd.
99168 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of the
existing wig wag signal, at the crossing of their railway and Huron
Road (Highway No. 8) in Goderich, Ont., Mileage 160.39 Goderich
Subd.
436
99169 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at crossing of their railway and Main
Street in Parkhill, Ont., Mileage 29.83 Forest Subd.
99170 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
Hope and Woodstock Streets, in the Village of Tavistock, Ont.
99171 Sept. 16 — Requiring the N.Y.C. Railroad Co. to install automatic protection at
the crossing of its railroad and Range 6 Rd., Village of St. Stanislas,
P.Q., Mileage 41.10 Adirondack Subd.
99172 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of the
existing wig wag signal, at crossing of their railway and Ontario St.,
in Stratford, Ont.
99173 Sept. 16 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at crossing of their railway and Waterloo
St., at New Hamburg, Ont., Mileage 75.12 Brampton Subd.
99174 Sept. 16 — Requiring the C.N.R. to install a flashing light signal, in lieu of the
existing wig wag signal, at the crossing of their railway and Main
Street, in Seaforth, Ont., Mileage 24.76 Goderich Subd.
99175 Sept. 16 — Requiring the C.N.R. to install a flashing light signal, in lieu of the
existing wig wag signal, at the crossing of their railway and Drum-
mond Road, Twp. of Stamford, Ont., Mileage 1.91 Welland Subd.
99176 Sept. 16 — Authorizing the C.N.R. to make certain signal changes on their
Ruel Subd., at Capreol, Ont.
99177 Sept. 16 — Authorizing the Quebec Department of Roads to construct a
temporary diversion of Metropolitan Blvd. across the C.N.R. and to
relocate the signals at the crossing of Highway No. 2 and the C.N.R.
in the Munic. of Montreal West, P.Q.
99178 Sept. 16 — Authorizing Union Gas Company of Canada Limited to construct a
gas main across and over the C.P.R. at Mileage 112.0 Windsor Subd.,
Ont.
99179 Sept. 16 — Authorizing the C.N.R. to operate under the overhead bridge in the
Village of St. Georges, P.Q., Mileage 40.75 Grand'Mere Subd.
99180 Sept. 16 — Approving application of Niagara Gas Transmission Limited, to
construct a pipe line for the transportation of natural gas from a
point in the City of Ottawa, Ont., across the Ottawa River to a point
in the Village of Gatineau Point, P.Q.
99181 Sept. 16— Rescinding Orders 84652 and 88756, which approved location of
facilities of Rockgas Propane Limited, near the tracks of the
Esquimalt and Nanaimo Rly. at Parksville, B.C.
99182 Sept. 16 — Authorizing the N.S. Department of Highways to construct the
highway over the C.P.R. at Mileage 56.44 Kentville Subd.
99183 Sept. 16 — Authorizing Union Gas Company of Canada Limited to construct a
gas pipe line across and under the main track and spur of the C.P.R.
at Elgin St., Gait, Ont., Mileage 56.5 Gait Subd.
99184 Sept. 16 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99185 Sept. 17 — Approving plan submitted by Niagara Gas Transmission Limited,
showing location of its pipe line across the Ottawa River, from
Ottawa, Ont., to Gatineau Point, P.Q.
®f>e Poarb of
2fran$port Commt&toner* for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX
OTTAWA, NOVEMBER 2, 1959
No. 15
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of Acme Shingle & Lumber Company Limited,
et al} endorsed by the Corporation of the Township of Richmond, the
Corporation of the District of Burnaby, the City of Vancouver, and the
North Fraser Harbour Commissioners for an Order:
(1) That the lines or tracks of the Canadian National Railways and of the
Vancouver and Lulu Island Railway Company (Canadian Pacific
Railway Company ) at or near Tucks in the Municipality of Richmond
and Sussex Avenue in the Municipality of Burnaby be connected so
as to admit of the safe and convenient transfer or passing of engines,
cars and trains from the tracks or lines of the one railway to those
of the other and that such connections shall be maintained and used:
(2) Determining by what company or companies or other corporations
or persons, and in what proportions the cost of making and main-
taining such connections shall be borne and upon what terms traffic
shall be transferred from the lines of the one railway to those of the
other:
File No. 37381.3
Heard at Vancouver, B.C., June 29 and 30, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
J. M. Woodard, Commissioner.
Appearances:
for the Applicants.
for the Canadian National Railways.
C. W. Brazier, Q.C.,
and
J. G. Alley,
W. G. Boyd,
and
H. F. Hutton,
K. D. M. Spence, Q.C., for the Canadian Pacific Railway Company.
W. H. Q. Cameron, for the British Columbia Electric Railway Co.
Ltd.
B. E. Emerson, for the City of Vancouver.
437
76764-0—1
1 1
438
JUDGMENT
Knowles, Commissioner:
The application in this matter was made on the 15th day of December,
1958 by 26 firms, 4 of whom are located on the Canadian National Railways'
branch on Lulu Island, south and west of New Westminster, B.C., and the
remainder are located on the Lulu Island Branch of the Canadian Pacific Rail-
way running westward between New Westminster and Marpole, B.C. Sub-
sequent to the filing of the application, 4 of the applicant firms withdrew from
participation, one because they had moved their plant and were no longer on
the trackage in question, another because they desired to remain neutral in
the case as they do business with both railways, a third as a result of informa-
tion which was not available to them at the time they executed the application,
and a fourth withdrew because of an improvement in the service given to
them by the Canadian Pacific since the application was filed. One new applicant
was added to the case by Mr. Brazier at the hearing, namely, the Dominion
Construction Company Limited. With the one addition and the eliminations,
the net number of applicants is now 23.
The application is unusual in the respect that it was "endorsed" by 4
corporate bodies, namely, the Corporation of the Township of Richmond, the
Corporation of the District of Burnaby, the North Fraser Harbour Commis-
sioners, and the City of Vancouver. The word "endorse" in Webster's New
International Dictionary, among other definitions, is shown to mean "To give
one's name or support to; to sanction; to aid by approval; to approve; as, to
endorse an opinion.". Such being the case, the 4 corporate parties just referred
to will be considered as parties to the application.
This point is important because of controversy respecting a former and
similar case (39 C.R.C. 1) heard and decided by the Board in 1931, in which
these 4 parties directly joined as applicant parties. At the opening of the
hearing of the present case, differences of opinion were placed on the record
by Counsel for the Applicants, for the Canadian National, and for the Canadian
Pacific, as to whether or not this case was, in fact, a re-opening of the 1931
case above referred to, which was decided against the then applicants.
At the hearing, Mr. Spence for the Canadian Pacific contended that:
"The position of the Canadian Pacific is simply this, that this proposal
if carried out would create an invasion of our territory by the Canadian
National. The whole question was considered by the Board in 1931. The
circumstances have not changed in any respect that would have a bearing
upon that decision since that time and therefore, there is no justification for
permitting these interchanges to be made." (Page 2911 of Transcript,
Vol. 1041).
Mr. Boyd, for the Canadian National, in reply to Mr. Spence said:
"I think he did say this was an application by the C.N.R. to invade the
C.P.R. territory. This is not a C.N.R. application." (Page 2913 of Transcript,
Vol. 1041).
"And in that respect it differs from the application which was before
the Board in 1931. That, as I recall it, was an application by the C.N.R. to
connect its tracks with the two lines of the B.C. Electric at that time.
This application before the Board now is not the same application. This
is an application by the shippers. We are supporting it." (Page 2913 of
Transcript, Vol. 1041).
439
Mr. Brazier for the Applicants stated:
"Might I just, Mr. Chairman, comment very briefly on what Mr. Spence
has said.
I think the principal defence he apparently relies on is there has been
no change of conditions since 1931 which would warrant any different
decision on this application than was reached on the application made by
the C.N.R. in 1931, and if that is so I presume that is the only issue, real
issue, that we have to meet in this case." (Page 2914 of Transcript, Vol.
1041).
The facts of the matter are that the 1931 case, as is plainly shown by former
Chief Commissioner Fullerton in his Judgment, was not solely an application
from the Canadian National but was, first, an application of that Company for
permission to join its Lulu Island Branch with the Vancouver and Lulu Island
Railway at a stated point (now known as Sussex in the vicinity of Sussex
Avenue in the Municipality of Burnaby, B.C.) and at Tucks; and, second, a
joint application of the North Fraser Harbour Commissioners, the 3 cities and
townships referred to above, 3 Boards of Trade and 6 shippers for interchanges
at the two points referred to. Furthermore, two of these shippers, namely, the
Eburne Saw Mills Ltd. and the Burke Lumber Co. Ltd. are now two of the 23
applicants in the present case (Eburne Saw Mills Ltd. in the 1931 case is now
known as "Canadian Forest Products Limited, Eburne Saw Mill Division").
One other immaterial difference might be mentioned, i.e., the Canadian National
Railway Company was one of the applicant parties in 1931, but in the present
case, while not an applicant, its position is, in the words of Mr. Boyd:
"In that respect we refer to the fact that in reply to a letter from Mr.
Brazier notifying us of the application, we advised him in a return letter
of March 19, that we would support the application. Our letter to the
Board of April 14 confirmed our support of the application." (Page 2911 of
Transcript, Vol. 1041).
It can be considered, therefore, that subject to the inclusion of some additional
shippers, the Applicants and "endorsers" are some of the same parties as those
who applied to the Board in 1931 for these interchanges. There is a difference
in the form of the applications, but no difference in substance.
The main point of the three applications (the two heard concurrently in
1931 and the present application) is substantially the same, i.e. the connection
of the Canadian National Railways' Lulu Island branch and the Canadian
Pacific Railway's Vancouver and Lulu Island branch at Sussex Avenue in the
Municipality of Burnaby, and Tucks in the Municipality of Richmond.
The original corporate status of the Vancouver and Lulu Island Railway,
and the jurisdiction of the Board over it, were fully set forth in the 1931 case,
namely, that it was incorporated as a provincial railway, but in 1901 it was
declared a work for the general advantage of Canada, thereby bringing it
under the Board's jurisdiction under the Railway Act, with power to lease to
the Canadian Pacific Railway Company, which lease was executed August 31,
1901. The Canadian Pacific Railway Company owns all the capital stock. In
1904 and 1905 the Canadian Pacific Railway Company and the Lulu Island
Railway Company arranged with the British Columbia Electric Railway Com-
pany to electrify and operate the line. As operating agent for the Canadian
Pacific, and the Canadian Pacific itself being the owner of the Vancouver and
Lulu Island Railway, the British Columbia Electric comes within the jurisdiction
of the Board in matters relating only to its operation of the Vancouver and
Lulu Island line.
440
It may be noted that the Vancouver and Lulu Island Railway Company
has, since October 18, 1956, been incorporated into the Canadian Pacific Railway
Company but the branch is still operated by the British Columbia Electric
Railway as agent of the Canadian Pacific.
In 1929, about two years before the applications were made for inter-
changes at Sussex Avenue and Tucks, a case was brought before the Board,
North Fraser Harbour Commissioners et al, Vol. XIX J.O.R. & R. 145, in
which the applicants requested that joint rates be ordered between the Van-
couver and Lulu Island Railway and the Canadian National Railways. These
rates were prescribed by the Board in Order No. 42808 to be put into effect
"via direct connection" between the Vancouver and Lulu Island Railway and
Canadian National Railways. This was taken to mean "via New Westminster".
The Order was postponed from time to time, but was reaffirmed by the Board
by Order No. 44417 on rehearing (Vol. XIX J.O.R. & R. 491, 496). This case
was appealed to the Supreme Court on the ground that at New Westminster
there was no direct connection, the route requiring the use of one mile of
another line between the Vancouver and Lulu Island Railway and the Canadian
National Railways, which mile of line was not under the Board's jurisdiction,
being owned by the British Columbia Electric Railway Company. That Company
was incorporated in the United Kingdom and subsequently authorized to operate
in the Province of British Columbia by virtue of a provincial licence. The
Court held that the Board had not jurisdiction to make the Order appealed
against. (39 C.R.C. 215). That condition, however, does not now prevail,
because in a recent period the Canadian Pacific and Canadian National have
constructed another connection at New Westminster which directly connects
the two railways (although in practice the B.C.E. connection is still used).
While the appeal to the Supreme Court was pending, the joint rates were
made effective in 1930 and notwithstanding the Court's Judgment, they
remained in effect until 1956.
In 1956 the Canadian Pacific directed that the joint rates between points i
on the Vancouver and Lulu Island branch and common points of the C.N.R.
and C.P.R., for example, in connection with the C.N.R. via New Westminster 1
(and also via Chilliwack) be cancelled. Complaints were made to the Board
respecting the cancellation of the rates on lumber; the Canadian Pacific replied,
but the Board did not suspend the cancellation. Shipments of lumber, etc.,
from Marpole, B.C. and other points on this branch, must now move direct
via Canadian Pacific to a common point such as Toronto or Montreal. (Routing
is, however, provided by the C.P.R. to local points on the Canadian National
Railways via various junctions).
It was this cancellation of rates from points on the Vancouver and Lulu
Island branch to points common between the Canadian National Railways and
the Canadian Pacific that provided the opportunity for the applicants to make
the present application to the Board. No reason was given, however, for
waiting 2h years to do so after the joint rates had been cancelled. Instead of
asking, however, for the restoration of the routes via New Westminster, the
application is that interchanges be established at Sussex Avenue and Tucks,
B.C., which would automatically, (a) bring all points between New Westminster
and Marpole on the Vancouver and Lulu Island branch of the C.P.R. within the
4-mile limit of interchange with the C.N.R. via either Sussex Avenue or Tucks;
(b) would bring 4 miles north and 4 miles south of Tucks of the Vancouver
and Lulu Island branch of the C.P.R. also within the 4-mile limit; and (c)
would bring industries on the Canadian National Railway Company within the
4-mile limit of interchange with the C.P.R. via either Sussex Avenue or Tucks.
(It would, however, still leave a considerable portion of these branches outside
of the 4-mile limit.).
441
Traffic from (or to) the Canadian Pacific's Vancouver and Lulu Island
branch could thus be subjected to a large loss of competitive traffic from or
to the industries located on that branch to or from points common with the
Canadian National Railway throughout the whole of Canada. On the other
hand, the Canadian National could be subject, by interswitching, to loss of
traffic between points on its Lulu Island line, via Sussex Avenue and Tucks,
and points on the Canadian Pacific which are common with the Canadian
National Railways throughout Canada. The balance of the traffic benefit,
however, would be decidedly in favour of the Canadian National Railways,
and to the detriment of the Canadian Pacific Railway.
The British Columbia Electric Railway Company, as operator of the
Vancouver and Lulu Island branch of the C.P.R., submitted Exhibit No. 20
to show that in 1956 there was a total of 20,522 cars forwarded and received on
this branch (exclusive of Vancouver City) of which 14,131 would have been
subject to interchange at Tucks and Sussex Avenue, if interchanges were
established at these two points; the total traffic handled in 1957 and 1958 is
also substantial, and while there is no analysis of what would be competitive
traffic for those two years, undoubtedly the same ratio would apply, namely,
about 70% of the traffic to and from the V. & L.I. branch of the C.P.R. would
be competitive with the Canadian National Railways if the interchanges were
established.
The Canadian National did not submit any estimate of the number of cars
that it might have to deliver to the Canadian Pacific on shipper's routing if
interchanges were established at Tucks and Sussex Ave. There are, however,
only 6 industries on the Canadian National's Lulu Island branch and all of
these industries appear to be small; in fact, from personal observation of the
Board, at least one of them did not appear to be shipping by rail. It may be
added that there is a total of 59 industries with private sidings on the Van-
couver and Lulu Island branch of the Canadian Pacific, and 6 on the Canadian
National, a total of 65 in the area. Only 23 of these industries are applicants
for the interchanges. While some of the applicants are large industries, it
is a fact that of the 42 which are not applicants for the interchanges, a con-
siderable number are very large industries, as well as some small ones.
Counsel for the applicants in his written argument (page 7) laid stress
upon the matter of public interest as the main point at issue; he says:
"It is submitted that the evidence which has been adduced by the
Applicants in this case shows that these interchanges are required in the
public interest."
That, admittedly, is the only basis upon which the applicants could
succeed; the public interest is paramount in a matter of this kind, as against
the interest of the Canadian Pacific and the British Columbia Electric (as oper-
ating agent of the Canadian Pacific) which oppose the application because they
feel that a large amount of what is now local traffic would be vulnerable to
Canadian National competition if the interchanges were established. This
opposition could only be overcome by a showing of a greater public interest
than the anticipated detriment to the C.P.R. and the British Columbia Electric.
The question is, therefore, what is the amount and quality of this alleged
public interest?
The evidence on this point which was introduced by the Applicants con-
sisted of statements by one witness each from only 5 of the 23 Applicants, viz:
the Aluminum Co. of Canada, Western Plywood Company Limited, The Acme
Shingle & Lumber Company Limited, Vancouver Car Deliveries, and the B.C.
Coast Vegetable Co-operative Association. In addition, the Reeve of the
Corporation of the District of Burnaby and the Municipal Town Planner for
76764-0—2
442
the Corporation of the Township of Richmond appeared and stated their
interest in the application. No witnesses appeared for the City of Vancouver,
nor for the North Fraser Harbour Commissioners.
An analysis of the evidence relating to the public interest is as follows:
Aluminum Co. of Canada: This Company is located on the C.N.R. and
brings in aluminum ingots by water from Kitimat to Vancouver and produces
from it aluminum rods, cable, extruded aluminum articles, and scrap aluminum.
One of the principal movements of the rods is to Weyburn, Sask.; the cable is
shipped, for transmission lines, to the railway station nearest to the site of the
construction; the scrap is shipped to the United States, principally to Cleveland,
Chicago and points in California. As to the rods, in cross-examination, it was
shown that Weyburn is located on both the C.N.R. and C.P.R. but that the
customer is nearer to the C.N.R. than the C.P.R. There appears to be no
reason, therefore, why the shipper should require an interchange at Tucks to
enable him to ship via C.P.R. As to the cable, the shipper has not been deprived
of any rates or routes to local C.P.R. points, and he can reach common points
via the C.N.R. As to the scrap, the C.N.R. can reach Cleveland and Chicago
over United States lines at the same rates as can be made by the C.P.R. and
its connections. The only possible disability therefore is in connection with
the movement of scrap to California (consisting of 750 tons during an unspecified
period) on which the shipper pays a proportional rate of 12 cents per 100 lbs.
to New Westminster, plus the rates of the Great Northern Railway and con-
nections beyond. The rate of 12 cents was reduced from 26 cents. The Cana-
dian National witness stated that owing to lack of connections at the
international boundary and routes to United States points, it was unable to
make any better rates, whereas the Canadian Pacific with its more numerous
connections could probably do so. It appears unusual, however, that the Cana-
dian National would be content with only an inters witching charge of 1£ cents
per 100 lbs. to Tucks, when it is now earning 12 cents per 100 lbs. to New
Westminster, unless it could anticipate that loss to be overcome by the diversion
of considerable other traffic from the Canadian Pacific to itself by means of an
interchange at Tucks.
Western Plywood Company Limited: This company's plants are situated
on the Vancouver and Lulu Island branch of the C.P.R. Its only product is
plywood. It also has plants at Quesnel, B.C. and Edmonton, Alberta. Its sole
interest in this matter is that with the cancellation of the routing to C.N.R.
common points via New Westminster, it could not take advantage of stop-off
arrangements on the C.N.R. to make up mixed carloads of plywood with
mouldings, shingles and siding. It was admitted, however, that the C.P.R. and
C.N.R. have since joined in through rates and routes to certain territory in
Alberta and Ontario and the C.P.R., in addition, has published a proportional
rate of 5 cents per 100 lbs. from the applicant's two plants to New Westminster
to enable the applicant to make use of stop-off arrangements on the C.N.R.
Acme Shingle & Lumber Company, Limited: This firm is located on the
Vancouver and Lulu Island branch of the C.P.R. It produces wooden shingles
and sidewall shakes for wall sheathing. Its principal markets are in the eastern
United States. Its only complaint is that it is put to an additional expense for
trucking when it wishes to ship cars via the C.N.R. for completion of load in
the Fraser valley.
Vancouver Car Deliveries: This firm is located on the V. and L.I. branch
of the C.P.R. Its business is to unload and store box car shipments of auto-
mobiles from eastern Canada. It also ships out imported automobiles to Alberta
and Saskatchewan points. The firm pays no freight charges; all such charges
are paid by the automobile dealer. Its complaint is that, in the absence of
443
interchange, it has to unload cars received via C.N.R. or load cars to be shipped
via C.N.R. , at the C.N.R. downtown terminal in Vancouver, which incurs an
extra trucking cost of $3 per automobile.
B.C. Coast Vegetable Association: This plant is located on C.N.R., Lulu
Island branch. It has recently moved to that point from a downtown location
in Vancouver where it was situated on the C.P.R. within the inter-switching
limits. Apart from the City of Vancouver its main markets are Calgary and
Edmonton. One-third of its produce goes to Calgary, and its complaint is that
when it uses the C.N.R. to that point, the cars are one day longer in transit,
plus additional refrigeration. In order to avoid this extra time in transit and
extra cost of refrigeration, the Association loads cars for Calgary at the foot
of Fraser Avenue on the V. & L.I. branch of the B.C. Electric (i.e., what is
now C.P.R. tracks). This transfer is made by truck and costs approximately
$30 per car. The witness for the Association claimed that when he decided to
locate on the C.N.R. Lulu Island branch, he had been informed by that line
that his rates would be the same as in his old location. He said also that if he
had been informed of the correct situation, he might have considered other
sites, but admitted on cross-examination that the present site has two attrac-
tions; one, it is close to where the vegetables are grown; and two, the land
for the size of the Association's operations was more available than elsewhere,
and it was impossible to expand at the former location in Vancouver. It is
quite evident that this shipper weighed the advantages and disadvantages of
this location before moving to it, and any misinformation he may have received
about the rate structure is not a matter that the Board can, or should, provide
a remedy for. Had he located on the C.P.R. Vancouver and Lulu Island branch,
he would have had the same difficulties — if they can be termed difficulties — in
reaching Edmonton via C.P.R. as he now has in reaching Calgary via the C.N.R.
Municipality of Burnaby: The evidence of this Municipality is confined to
discrimination; it is claimed that the area in question in this case is the only
one which does not have interchanges in the Municipality of Burnaby.
Township of Richmond: The evidence of this municipality is that it is
interested in industrial development in the area, and its witness said therefore
it seems proper that it should be served by both the major railroads. When
it was pointed out to the witness that if the interchanges were established at
Sussex Avenue and Tucks, there would still be a "blind spot" not within the
four-mile limit from either point, his argument was that it lies in a fairly heavy
peat bog area and that it will be some considerable number of years before it
will be served with ordinary municipal services.
Comment on the evidence:
It will be noted that the evidence of interested parties is exceedingly
meagre in relation to the issues involved in this matter, and consists merely of,
(1), complaints of slightly higher rates where the shipper is loctaed on the
C.N.R.; (2), lack of some transit privileges via the C.N.R. when the shipper is
located on the Vancouver and Lulu Island branch of the C.P.R.; and (3), alleged
discrimination where one part of the Municipality of Burnaby has no inter-
change between the C.N.R. and C.P.R., and other parts have. As to (1), the
shipper in locating on any railway naturally incurs the disadvantages of location
as well as the advantages, and it is. not the function of the Board to overcome
such geographical disadvantages by any action that would enable another
carrier to divert to itself traffic that the other carrier has developed at great
effort, expense and good service.
As to (2), the Canadian Pacific introduced Exhibit 19 which was a com-
pilation of all the shipments made under transit privileges by all the shippers
76764-0— 21
444
on the C.P.R. Vancouver and Lulu Island line who used such privileges on
shipments via the C.N.R. in the year 1956. Only 5 industries used such
privileges and the total of the shipments amounted to 53 carloads, of which
37 can still be handled at no extra cost; 6 that could still be handled with some
small extra cost for interswitching or out-of-line charges; and only 10 that
would have to be handled at the local or proportional rate to New Westminster.
When these figures are contrasted with the total of 20,522 cars handled by the
Vancouver and Lulu Island Railway on this branch in 1956, the insignificance
of the complaints about transit shipments is evident. Furthermore the Board
has said in previous cases that it will not order joint rates and routes between
two railways for the mere purpose of enabling a shipper on one line to obtain
stop-off privileges on the other line (West Lome v. C.P.R., 70 C.R.T.C. 23 at
p. 32). The same principle is applicable to additional interchange arrangements.
With regard to (3), the suggestion is that there is discrimination if one
part of a municipality has railway interchanges within its boundary, while
other parts of the same municipality have no interchanges. To accept such a
principle would mean that interchanges between railways would have to be
established at additional points in many municipalities throughout Canada,
resulting in duplication of railway facilities. Furthermore, the institution of
interchanges at Tucks and Sussex Avenue would create more of such alleged
discrimination on Lulu Island, because even with such interchanges the
important points of Steveston on the C.P.R. and Woodwards Landing on the
C.N.R. would still be beyond the 4-mile interswitching limit. There are other
points also in the Vancouver area that are now beyond the interswitching
limits.
Counsel for the applicants laid great stress that the C.P.R. had maintained
from 1930 to 1956 open routes between the V. & L.I. and the Canadian National
through New Westminster. The cancellation by the Canadian Pacific of the
routes not only on lumber but on other articles was described by Counsel as
an arbitrary action. The cancellation of the routes, however, was not an
arbitrary or isolated action but was, in fact, what might be described as the
closing chapter in a long struggle respecting changes in routing between the
Canadian National and the Canadian Pacific as a result of the consolidation
of the Canadian National Railways' lines, routes, and rates since the system
was amalgamated with the Grand Trunk Railway in 1923.
For many years prior to that consolidation the Canadian Pacific had
enjoyed joint rates and long-haul routing with component parts of the Canadian
National. This was especially the case on traffic between eastern and western
Canada, as follows:
— with the Intercolonial Railway via Saint John, N.B., the Ste. Rosalie
Junction, P.Q.;
— with the Canadian Northern Quebec and Quebec and Lake St. John
Railways via Montreal, P.Q.;
— with the Grand Trunk Railway System via North Bay, Ont.;
— with the Canadian Northern Ontario Railway and various other C.N.R.
lines in Ontario via Port Arthur, Ont.
The routing of traffic via these junctions to and from western Canada
resulted in the C.P.R. receiving its longhaul in both directions, i.e. the Canadian
National had to give both eastbound and westbound traffic to the C.P.R. at
junctions ranging from Saint John, N.B. to Port Arthur, Ont. The Canadian
Pacific had the longhaul eastbound, as it was entitled to, but the Canadian
National was shorthauled westbound via the same junctions instead of carrying
the traffic over its long-haul via junctions situated on the Prairies or in British
Columbia.
445
As shown by the evidence, even before 1923, the Canadian National had
made strenuous efforts to lengthen over its lines the former short-haul routes of
constituent portions of its system in connection with the Canadian Pacific and
other railways. Some changes were made from time to time and the efforts
of the Canadian National were continued down to 1943, when World War II
period intervened, and it was agreed between the Canadian National and
Canadian Pacific to let the matter remain in abeyance until the close of
hostilities, subject to a general revision at that time. This was referred to by
the Assistant General Freight Traffic Manager of the Canadian National in his
Exhibit No. 12, consisting of a letter from the General Freight Traffic Manager
of the Canadian National Railways to the Freight Traffic Manager of the
Canadian Pacific, dated March 22, 1943, as follows:
"Referring to our recent conversation with respect to your request
for publication of joint rates from points on our Lulu Island branch to
points on the Canadian Pacific Railway via New Westminster, B.C.
Further consideration has been given this matter and in order to avoid
controversies between our respective railways while war conditions exist,
we will arrange to publish — rates from points on our Lulu Island branch to
points in Canada on the Canadian Pacific Railway, both east and west, on
the same classes and commodities and to the same extent as the Canadian
Pacific Railway publishes rates from the line it operates, and known as the
Vancouver and Lulu Island Railway, to points on th^e Canadian National
Railways.
This arrangement is subject to your line retaining in effect the rates
from points on the Vancouver and Lulu Island Railway to points on the
Canadian National Railways, and should these rates be withdrawn, the
Canadian National Railways will simultaneously withdraw the rates from
points on its Lulu Island branch above referred to. This entire arrangement
is to be considered a temporary one during the war, and to be subject after
the close of hostilities to a general revision of routing between the Canadian
National Railways and Canadian Pacific Railway. It is to be further under-
stood that on acceptance of this communication, you will abandon the
proposed complaint of the Canadian Pacific Railway to the Board of Trans-
port Commissioners of Canada relating to this subj.ect.'V (pp. 3003-4 of
Transcript, Vol. 1041). (Emphasis supplied).
It was only on February 3, 1955 that on traffic between the east and the
west, the Canadian National and Canadian Pacific reached an agreement on
routing.
The routing was undoubtedly changed finally as a result of the Board's
decision in the Class Rates case (Vol. XLIII J.O.R. & R. 3) requiring joint rates
between eastern and western Canada on an equalized mileage scale via the rate-
making route. As one factor in the establishment of the new class , rates, a
revision of routes was necessary, and it was agreed between the Canadian
National and Canadian Pacific that: the joint routing between competitive
points (sometimes referred to here as common points) such as Montreal. and
Winnipeg, was to be eliminated, and traffic originating on one line between such
common points was to be retained by the originating carrier for the entire
haul; traffic originating at local points of one carrier .destined to a common
point would also be considered traffic of the originating carrier; only traffic
from a local point on one carrier to a local point on the other carrier would
be served by joint routes. The general arrangement was put on the record in
Exhibit No. 14,. as follows:
"It is understood that to and from competitive points in both eastern
and western Canada each road will handle its own traffic and we are,
446
therefore, dealing only with the question of routing between local points
on the Canadian Pacific Railway and local points on the Canadian National
Railways, in both eastern and western Canada.
After full discussion of the entire problem it was agreed that the
following general understanding will apply on all traffic governed by Cana-
dian Freight Association Routing Guide No. 46 and re-issues thereof:
Westbound Traffic — All westbound traffic will be interchanged at
Winnipeg, except to the extent it is necessary to continue Ste. Rosalie as an
interchange point in compliance with Order of the Supreme Court of
Canada and except as otherwise provided herein via Port Arthur.
Eastbound Traffic — Ail eastbound traffic will be interchanged at North
Bay, except as otherwise provided herein.
Sudbury will be used as the interchange point to reach territory on
the Canadian Pacific Railway where the C.P.R. would operate via Sudbury
in order to reach their local territory south and west and to some extent
east thereof, thus avoiding a backhaul from North Bay to Sudbury, and in
the case of the Canadian National Railways to reach their territory north
of Washago.
Westbound and Eastbound Traffic — It will be necessary to continue
routing on traffic to and from the Vancouver and Lulu Island Railway via
Vancouver in addition to other gateways, in compliance with Order of the
Board of Transport Commissioners for Canada.
Port Arthur will be used as a gateway to reach short-haul intermediate
territory between Winnipeg and North Bay, the actual breaking points to
be agreed upon by Messrs. McCoy and Jamieson." (pp. 3023-3025 of
Transcript, Vol. 1041).
(The reference to "Vancouver" as the junction point with the Vancouver and
Lulu Island Railway is apparently an error; it was evidently intended to mean
New Westminster.)
This arrangement was developed after many years of dispute and dis-
agreements between the two principal railways regarding the routing of
long-haul traffic over their systems. It is also in accordance with the expressed
view of the Board (as to which a number of authorities are cited in the 1931
case) to the effect that the originating carrier is entitled to its long-haul, and
only in the most pressing circumstances of public convenience or necessity
will that principle be set aside.
The railways, it is true, made an exception of the Lulu Island territory in
this general routing arrangement presumably under the mistaken apprehension
that they were complying with Board's Order No. 42808 in the 1929 case. The
Board, as the Supreme Court said, had no power to make such an order. How-
ever, the cancellation of the routings on lumber and other articles from local
points on the C.P.R.'s Lulu Island branch to points common with the C.N.R.
is in accordance with the agreement above set forth, now that the Canadian
Pacific has absorbed the Vancouver and Lulu Island Railway. The Canadian
Pacific, with respect to the former Vancouver and Lulu Island Railway, is now
in the same position as the Canadian National was with regard to consolidating
a former separate part into its system, i.e., it has endeavoured to acquire the
long-haul over its system and eliminate routes where it was formerly short-
hauled.
The Board can take no exception generally to this method of treating joint
rates and routes between the two main railways of Canada, and it therefore
will not authorize additional interchanges which have the effect or purpose of
defeating the general routing arrangement, except upon a showing of para-
mount public convenience and necessity for such interchanges. The analysis
447
herein made of the contents of the applicants' evidence shows that there is no
overwhelming evidence of such necessity for the proposed interchanges. The
evidence of the five parties who appeared, while stated by Counsel for the
applicants to be typical of the 23 industries parties to the application, is scanty
and shows only very minor inconveniences in the present situation. It could
have been expected with 2£ years' experience after the cancellation of joint
rates that much more detriment could have been shown. Should any serious
difficulties arise in future, the Board has power to prescribe joint through rates
between the Canadian Pacific and Canadian National, via various junction points
where the two carriers directly connect.
The 1931 case was the vehicle for a restatement by the Board of the
principles upon which interchanges would be granted. The matter was summed
up by Chief Commissioner Fullerton as follows:
"Having carefully examined all the above cases, as well as others
included in the Board's reports, I have been forced to the conclusion that
the Board has in recent years given entirely too wide a construction to the
sections of the Railway Act dealing with interchanges.
I think one can safely say that under the recent decisions of the Board,
it is only necessary to show that a connection between two railways is
physically possible, and that some little traffic may result to justify the
granting of an interchange.
It is my view that the Board has gone entirely too far in the granting
of interchanges, and that it is time it returned to the principles laid down
in the earlier decisions." (39 C.R.C., 19).
The 1931 applications for interchanges at Tucks and Sussex Avenue were
denied on those principles. Conditions in the interim have not changed to such
an extent as to produce a dominating public interest at the present time.
Since 1931 to date, a period of 28 years, there have been only 11 additional
interchanges established in Canada, of which 7 were established voluntarily
by the railways, and 4 were ordered by the Board as being necessary in the
public interest. Three other applications were dismissed by the Board on the
ground that not sufficient public interest had been shown to justify the Board
in approving them.
All of the evidence and arguments have been considered by the Board in
this matter, whether or not specifically mentioned.
For the reasons given herein, the principles set forth by the Board in the
1931 case should be reaffirmed, and the preset application dismissed.
L. J. KNOWLES
I concur:
J. M. Woodard
H. H. Griffin
Ottawa, Ontario, September 28, 1959.
448
ORDER No. 99277
In the matter of the application of Acme Shingle & Lumber Company Limited,,
et al, endorsed by the Corporation of the Township of Richmond, the
Corporation of the District of Burnaby, the City of Vancouver, and the
North Fraser Harbour Commissioners, for an Order:
(1) That the lines or tracks of the Canadian National Railways and of
the Vancouver and Lulu Island Railway Company ( Canadian Pacific
Railway Company ) at or near Tucks in the Municipality of Richmond
and Sussex Avenue in the Municipality of Burnaby be connected so
as to admit of the safe and convenient transfer or passing of engines,
cars and trains from the tracks or lines of the one railway to those
of the other and that such connections shall be maintained and used:
. (2) Determining by what company or companies or other corporations or
persons, and in what proportions the cost of making and maintaining
such connections shall be borne and upon what terms traffic shall be
transferred from the lines of the one railway to those of the other.
File No. 37381.3
Monday, the 28th day of September, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner. .
L. J. Knowles, Commissioner.
J. M. Woodard, Commissioner.
Upon hearing- the matter at a sittings of the Board held at Vancouver, B.C.,
on June 29 and 30, 1959, in the presence of Counsel for the Applicants, the
City of Vancouver, the Canadian National Railways, the Canadian Pacific Rail-
way Company and the British; Columbia Electric Railway Company, and upon
consideration of the written arguments, answers and replies thereto on file; and
the Board having rendered judgment thereon of this date—
It is hereby ordered as follows:
That the application be, and it is hereby dismissed.
H. H. GRIFFIN,
• . - Assistant Chief Commissioner.
449
ORDER No. 99401
In the matter of the application of the Canadian Pacific Railway Company
hereinafter called the <( Applicant Company", dated December 23, 1958;
(1) for an Order approving the construction of a terminal freight yard
in the Township of Scarborough, Ontario:
(2) for authority to relocate its Oshawa Subdivision from mileage 94.2
to mileage 96.2 and its Peterboro Subdivision from mileage 86.0 to
mileage 87.9:
(3) for an Order closing that pari of Bellamy Road between the lines of
the right of way limits of the railway:
(4) for authority to construct, maintain and operate a branch line of
railway forming a cross-connection between the Peterboro and
Oshawa Subdivision 1.36 miles in length, and for leave to dispense
with publication of this application pursuant to Section 184(b) of
the Railway Act:
(5) for authority to construct railway -highway grade separations at the
following locations:
(a) mileage 95.6 Oshawa Subdivision, McCowan Road, subway to
carry five tracks:
(b) mileage 87.3 Peterboro Subdivision, McCowan Road, subway to
carry three tracks:
(c) mileage 94.5 Oshawa Subdivision, Markham Road (Highway 48),
overhead highway bridge to cross eleven tracks:
(6) for authority to construct the following crossings at grade:
(a) mileage 94.0 Oshawa Subdivision, Scarboro Golf Club Road (not
open), one additional track at grade:
(b) mileage 0.6 Oshawa-Peterboro connection, Neilson's Road, one
track at grade:
(c) mileage 1.3 Oshawa-Peterboro connection, Finch Avenue-
Staine's Road, one track at grade; and
(7) for a grant from The Railway Grade Crossing Fund towards the costs
of each of the aforementioned grade separations, reserving for further
consideration the apportionment of the balance of the costs of con-
struction thereof, as well as the cost of maintenance:
File No. 48696
■ " ' • . - . - •• . . '
Friday, the 9th day of October, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Whereas the above mentioned application was heard at a sittings of the
Board held in Toronto, Ontario, on August 8 and 9, 1959, in the presence of
Counsel for the Applicant Company, the Township of Scarborough, the Agin-
court Ratepayers' Association, the Department of Highways of the Province of
Ontario, The Bell Telephone Company of Canada and the Municipality of
Metropolitan Toronto, and Judgment dated September 11, 1959, has been
rendered thereon —
450
It is hereby ordered as follows:
1. The Board approves in principle the establishment of the yard generally
as proposed by the Applicant Company, with the modification that Bellamy
Road shall be diverted to join McCowan Road on the north side of the yard
and thereupon the portion of Bellamy Road within the limits of the Applicant
Company's yard shall be closed.
2. The Applicant Company is authorized to complete the following works:
(1) To relocate its Oshawa Subdivision from mileage 94.2 to mileage 96.2;
(2) To relocate its Peterboro Subdivision from mileage 86.0 to mileage
87.9, and;
(3) To construct, within two years from the date of this Order, and to
maintain a branch line of railway forming a cross-connection between
the Peterboro and Oshawa Subdivisions 1.36 miles in length. Leave
is granted to dispense with publication of notice of application pursuant
to Section 184(b) of the Railway Act.
Both relocations and cross-connection are shown on Plan No. M-76-
15A-34, on file with the Board under file No. 48696.
3. The Applicant Company shall construct a diversion of Bellamy Road
on the north side of the yard to join McCowan Road, the exact location of the
said relocated road to be agreed upon between the Applicant Company and the
Township of Scarborough, and should the parties not agree the said location
shall be determined by the Board upon application of either party.
4. Upon completion of the said road diversion, the Applicant Company
shall close Bellamy Road within the limits of the said yard.
5. The Applicant Company is authorized to cross;
(a) McCowan Road, mileage 95.6 Oshawa Subdivision, with its relocated
tracks of its Oshawa Subdivision and with three additional tracks;
(b) McCowan Road, mileage 87.3 Peterboro Subdivision, with its relocated
track of its Peterboro Subdivision and with two additional tracks;
(c) Markham Road (Highway No. 48) mileage 94.5 Oshawa Subdivision
with its relocated track of its Oshawa Subdivision and ten additional
tracks;
and to construct grade separations at the three above-mentioned crossings;
(d) Scarboro Golf Club Road (not open), mileage 94.0 Oshawa Subdivision,
one additional track at grade;
(e) Mileage 0.6 Oshawa-Peterboro connection Neilsons Road, one track at
grade;
(/) Mileage 1.3 Oshawa-Peterboro connection Finch Avenue- Staines Road,
one track at grade.
6. The said grade separations shall be constructed in accordance with the
requirements of General Order No. 848, and detailed plans of the said grade
separations shall be submitted for the approval of an Engineer of the Board.
7. The said crossings at grade shall be constructed in accordance with the
Standard Regulations of the Board Affecting Highway Crossings.
8. The Bell Telephone Company of Canada shall remove, relocate or protect,
as the case may be, its existing facilities to permit the construction of the works
provided herein.
9. The Board reserves for future consideration and Order the apportionment
of the cost of the said grade separations, and the cost of protection, if any
required, at the highway crossings, and the cost of construction of the diversion
451
of Bellamy Road and the relocation of public utility lines, and the question
of a contribution from The Railway Grade Crossing Fund towards the cost of
any of the said work.
10. Authorization for construction of other work proposed, that is to say,
the work not specifically authorized or ordered herein, and consistent with the
project as applied for and approved in principle, will be given upon specific
application therefor.
11. Should the Applicant Company and the Township of Scarboro be unable
to agree upon the question of sewer and water easements across the yard,
drainage, planting of buffer trees, protection at grade crossings, re-alignment
of Township roads at Finch Avenue and Staines Road, and contribution by the
Applicant Company towards the cost of trunk sewers, the Board will make a
determination thereon at a later date and upon application therefor.
ROD KERR,
Chief Commissioner.
452
SUMMARY OF ORDERS ISSUED BY THE BOARD
99186 Sept. 17 — Authorizing the C.P.R. to operate its trains over the subway at
Mileage 60.06 Wilkie Subd., Sask.
99187 Sept. 17 — Requiring the C.N.R. to install flashing light signals in lieu of exist-
ing wig wag signals, at crossing of Edinburgh Road, City of Gueiph,
Ont., Mileage 49.54 Brampton Subd.
99188 Sept. 17 — Requiring the C.N.R. to install one flashing light signal, in lieu of
existing wig wag signal, at crossing of their railway and Absalom
St., Mildmay, Ont.
99189 Sept. 17 — Rescinding Order 64333, which approved facilities of Imperial Oil
Limited near the C.P.R. at Hawarden, Sask.
99190 Sept. 17 — Requiring the C.N.R. to install one flashing light signal, in lieu of
existing wig wag signal, at crossing of their railway and Avenue St.,
in Hespeler, Ont.
99191 Sept. 17— Requiring the C.N.R. to install one flashing light signal, in lieu of the
existing wig wag signal, at crossing of their railway and Highway
No. 6 near Mount Forest, Ont.
99192 Sept. 17 — Requiring the C.N.R. to install flashing light signals, in lieu of
existing wig wag signals, at crossing of their railway and l'Esperance
Rd., Tecumseh, Ont., Mileage 99.36 Chatham Subd.
99193 Sept. 17 — Requiring the C.N.R. to install two flashing light signals, in lieu of
existing wig wag signals, at crossing of their railway and Peter St.,
Bothwell, Ont., Mileage 38.90 Chatham Subd.
99194 Sept. 17 — Requiring the C.N.R. to install two flashing light signals, in lieu of
existing wig wag signals, at the crossing of their railway and High-
way No. 19, west of station at Tillsonburg, Ont.
99195 Sept. 17 — Requiring the C.N.R. to install two flashing light signals, in lieu of
existing wig wag signals, at crossing of their railway and Lacroix St.,
Chatham, Ont., Mileage 61.92 Chatham Subd.
99196 Sept. 17 — Requiring the C.N.R. to install two flashing light signals, in lieu of
existing wig wag signals, at crossing of their railway and Victoria
St., Thamesville, Ont., Mileage 46.75 Chatham Subd.
99197 Sept. 17 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Leduc Blvd.,
Town of Montreal North, P.Q., Mileage 33.00 l'Assomption Subd.
99198 Sept. 17 — Dismissing application of the C.N.R. for authority to close their
station at St. Andre, P.Q
99199 Sept. 17 — Approving changes in the track circuits at crossing of the C.N.R.
and Albert St., Regina, Sask., Mileage 1.21 Regina Terminals Subd.
99200 Sept. 17 — Amending Order No. 97469 which authorized the discontinuance of
passenger trains 47 and 48 between Winnipeg and Russell, Man.
99201 Sept. 17 — Authorizing the removal of the speed limitation at crossing of the
C.P.R. and 4th Ave., Minnow Lake, Ont.
99202 Sept. 18 — Requiring the C.N.R. to install one flashing light signal, in lieu of
existing wig wag signal, at the crossing of their railway and Main
St., at Delhi, Ont., Cayuga Subd.
99203 Sept. 18 — Requiring the C.N.R. to install two flashing light signals, in lieu of
the existing wig wag signals, at crossing of their railway and
Haggerty St., Newbury, Ont., Chatham Subd.
99204 Sept. 18 — Requiring the C.N.R. to install two flashing light signals, in lieu of
existing wig wag signals, at each of the crossings of their railway
and Edward, Waterloo, Weber and Ahrens Streets, in the City of
Kitchener, Ont., Brampton Subd.
99205 Sept. 18 — Requiring the C.N.R. to install two flashing light signals, in lieu of
the existing wig wag signals, at the crossing of their railway and
George Ave., in East Windsor, Ont.
99206 Sept. 18 — Authorizing the City of Granby, P.Q., to construct Simonds St.
across the C.N.R. at Mileage 44.61 Granby Subd.
453
99207 Sept. 18 — Requiring the C.P.R. to install two flashing light signals and one bell,
in lieu of the existing wig wag signals, at the crossing of their rail-
way and Highway No. 3 at Harvey, N.B., Mileage 85.1 St. John Subd.
99208 Sept. 18 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
Concession Road, in the Village of Corinth, Ont., Cayuga Subd.
99209 Sept. 18 — Requiring the C.N.R. to install two flashing light signals in lieu of
the existing wig wag signals, at the crossing of their railway and
Tecumseh Road immediately west of Puce, Ont.
99210 Sept. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway between Cones. 7 and 8, Twp. of
Innisfil, near Bramley, Ont., Mileage 55.55 Newmarket Subd.
99211 Sept. 18 — Requiring the C.P.R. to install automatic protection at the crossings
of its railway and Mavis Road, Wolfe Line and Erindale Station
Road, at Mileages 16.56, 16.82 and 17.35 respectively, Gait Subd.
99212 Sept. 18 — Requiring the C.N.R. to install flashing light signals, in lieu of the
existing wig wag signals, at the crossing of their railway and The
Grand River Railway and Hespeler Road (Highway No. 24) near
Gait, Ont.
99213 Sept. 18 — Requiring the C.N.R. to install one flashing light signal, in lieu of
the existing wig wag signal, at the crossing of their railway and
Darling Road, at Corinth, Ont., Cayuga Subd.
99214 Sept. 18 — Requiring the C.N.R. to install a flashing light signal in lieu of the
existing wig wag signal at the crossing of their railway and Talbot
St., Courtland, Ont.
99215 Sept. 18 — Approving plan submitted by Consumers' Gas Company showing
the revised location of its gas main across and under the pipe line of
Trans-Northern Pipe Line Company at Dixon Road, Ont.
99216 Sept. 18 — Authorizing the City of Grande Prairie, Alta., to construct 105th
Avenue across the Northern Alberta Railways at Mileage 48.9 Grande
Prairie Subd.
99217 Sept. 18 — Authorizing the City of Calgary to lower the surface of 2nd Street
East where it crosses under the subway carrying the tracks of the
C.P.R. across 2nd Street, Calgary, Alta.
99218 Sept. 18 — Authorizing the City of Grande Prairie to construct 108th Avenue
across the Northern Alberta Railways, Alta., at Mileage 48.75 Grande
Prairie Subd.
99219 Sept. 18 — Authorizing Mr. David Lyne to construct an irrigation ditch across
the pipe line of the Westcoast Transmission Company Limited in
District Lot 1931, Group 1, Cariboo District of B.C.
99220 Sept. 18 — Relieving the C.P.R. from erecting right of way fencing on the west
side of its Tisdale Subd., Sask., between Mileages 56.0 and 62.11.
99221 Sept. 18 — Authorizing the Village of Inglis, Man., to construct a public road
across the station grounds and right of way of the C.P.R. at Mileage
23.76 Russell Subd.
99222 Sept. 18 — Authorizing the City of St. Jerome. P.Q., to construct Nadon Ave.
across the C.N.R. at Mileage 31.67 Montfort Subd.
99223 Sept. 18 — Authorizing the Town of Victoriaville, P.Q., to construct a pedestrian
crossing across the C.N.R. at Mileage 55.3 Danville Subd.
99224 Sept. 18 — Authorizing the Quebec Central Railway Company to remove the
station agent and appoint a caretaker at St. Sebastien, P.Q.
99225 Sept. 21 — Authorizing the C.P.R. to construct a branch line of railway to serve
its piggyback service at Mileage 3.07 Carberry Subd., Winnipeg,
Man., and to construct and maintain the said branch line across
Keewatin St.
99226 Sept. 21 — Authorizing the Township of Colchester North to improve the
approach grades of the highway across the New York Central Rail-
road Company between Lots 1 and 5 of Cone. 11, at Mileage 6.37
Amherstburg Subd., Ont.
454
99227 Sept. 21 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Plante Ave., in the Town of Quebec Ouest,
P.Q., Mileage 2.94 Lairet Subd.
99228 Sept. 21 — Authorizing Consumers' Gas Company to construct a gas main
across and under the pipe line of Trans-Northern Pipe Line Company
in Lot 17, Con. 3, Twp. of Etobicoke, Ont.
99229 Sept. 21 — Authorizing New Superior Oils of Canada Limited to construct a
plastic pipe, for the transportation of salt water, across and under
the pipe line of Interprovincial Pipe Line Company in the SEJ of
Sec. 15, Twp. 50, Rge. 22, W.4M., Alta.
99230 Sept. 21 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Mistatim, Sask., Mileage 41.26 Tisdale Subd., C.N.R.
99231 Sept. 21 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. twenty-one poles east of Mileage 44
Langham Subd., Sask.
99232 Sept. 21 — Authorizing the Township of Colchester North to improve the
approach grades of the highway across the tracks of the N.Y.C. Rail-
road Company at Mileage 1.47 Amherstburg Subd., Ont.
99233 Sept. 21 — Authorizing the Township of Colchester North to improve the
approach grades of the highway across the track of the N.Y.C. Rail-
road Company at Mileage 4.74 Amherstburg Subd., Ont.
99234 Sept. 21 — Authorizing the Township of Colchester North to improve the
approach grades of the highway across the track of the N.Y.C. Rail-
road Company at Mileage 3.55 Amherstburg Subd., Ont.
99235 Sept. 21 — Authorizing the Township of Colchester North to improve the
approach grades of the highway across the track of the N.Y.C. Rail-
road Company at Mileage 1.07 Amherstburg Subd.
99236 Sept. 21 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway east of St. Basile, P.Q., Mileage 130.73
Quebec Subd.
99237 Sept. 21 — Authorizing the Quebec North Shore and Labrador Rly. Company to
carry traffic over that portion of its line of railway between Mileage
3.261 Wacouna Subd., P.Q., and Mileage 356.498 Knob Lake Subd.,
Provinces of Quebec and Nfld.
99238 Sept. 21 — Approving drawing submitted by United Gas Limited, showing
details of gas main which it has been authorized to construct across
and under the pipe line of the Trans-Northern Pipe Line Company
in the vicinity of Beach and Firestone Roads, in the City of Hamilton,
Ont.
99239 Sept. 21 — Approving By-Law of the Twp. of Trafalgar, Ont., prohibiting the
sounding of engine whistle at the crossings of the C.N.R. and Eighth
Line, and other crossings on the Oakville Subd.
99240 Sept. 21 — Authorizing the C.N.R. to operate over the private siding serving the
Dominion Metal Company Limited in Saint John, N.B., Mileage
85.98 Sussex Subd.
99241 Sept. 22 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 39 at Estevan, Sask., Mileage 139.0
Portal Subd.
99242 Sept. 22 — Approving flammable liquid bulk storage facilities of Roxalin of
Canada Limited at New Toronto, Ont., Mileage 6.77 Oakville Subd.,
C.N.R.
99243 Sept. 22 — Approving flammable liquid storage facilities of British American
Oil Company Limited at Elbow, Sask., C.P.R.
99244 Sept. 22 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Shackleton, Sask., C.P.R.
99245 Sept. 22 — Approving flammable liquid storage facilities of the Minnedosa
Consumers' Co-operative Assoc., at Minnedosa, Man., C.P.R.
99246 Sept. 22 — Authorizing The Consumers' Gas Company to construct a gas main
across and under the C.N.R. at Mileage 35.18 Uxbridge Subd., Ont.
455
99247 Sept. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Quebec Central Rly. near Ville Lambert, P.Q.,
Mileage 121.65 Quebec Subd.
99248 Sept. 22 — Requiring the C.P.R. to install protection at the crossing of its rail-
way and Highway No. 1, Regina By-Pass, Mileage 86.17 Tyvan
Subd., Sask.
99249 Sept. 22 — Approving flammable liquid storage facilities of Treherne Consumers'
Co-operative Limited at Treherne, Man., C.P.R.
99250 Sept. 22 — Authorizing the C.N.R. to remove 902 feet of their former line of
railway on Lake St. in St. Catharines, Ont.
99251 Sept. 22 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Main Street in Sintaluta, Sask., Mileage 39.64
Indian Head Subd.
99252 Sept. 22 — Authorizing the Town of Lac Sergent, Co. Portneuf, P.Q., to con-
struct the highway across the C.N.R. at Mileage 26.22 Batiscan Subd.
99253 Sept. 22 — Amending Order No. 87299, re apportionment of cost of constructing
a subway on Highway No. 2 in the Twp. of Ekfrid, Co. Middlesex,
Ont., Mileage 23.1 Chatham Subd., C.N.R.
99254 Sept. 23 — Exempting the C.N.R. from erecting right of way fencing on the
west side of their right of way between Mileage 25.5 and Mileage
26.1 Middleton Subd., N.S.
99255 Sept. 23 — Approving application of The Bell Telephone Company of Canada
of certain terms and conditions in its proposed form of contract for
Lease of Complete Closed Circuit Television System.
99256 Sept. 23 — Rescinding Orders 57787 and 60710 which approved facilities of
Supertest Petroleum Corp. for storage of flammable liquids near The
Hull Electric Company at Hull, P.Q.
99257 Sept. 23 — Approving plan submitted by the C.P.R. showing details of the
crossing of their railway and Highway No. 57 at Mileage 74.89
Lachute Subd., P.Q.
99258 Sept. 24 — Requiring the C.N.R. to install protection at the crossing of their
railway and Highway No. 4 at Mileage 20.71 Southampton Subd.,
Ont.
99259 Sept. 24 — Exempting the C.N.R. from erecting and maintaining right of way
fencing on the west side of their Bedford Subd., between Mileage
41.0 and 42.30, N.S.
99260 Sept. 24 — Authorizing The Toronto, Hamilton and Buffalo Rly. Company to
remove the station agent-operator and the station building at Stoney
Creek, Ont.
99261 Sept. 24 — In the matter of apportionment of cost of alterations to the subway
at crossing of First Street S.E., and the C.P.R. in Calgary, Alta.,
Mileage 175.7 Brooks Subd.
99262 Sept. 24 — Requiring the New York Central Railroad Company (Michigan
Central Railway) to install modern protection, in lieu of the existing
wig wag signals at the crossing of their railway and Broadway
Street (Highway No. 19) in Tillsonburg, Ont.
99263 Sept. 24 — Authorizing the Twp. of Etobicoke to construct Shaughnessy Avenue
across the C.P.R. Company's Industrial Spur leading off the Gait
Subd., at Mileage 9.13, Twp. of Etobicoke.
99264 Sept. 24 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99265 Sept. 24 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Sections 3 and 8 of the Maritime Freight
Rates Act.
99266 Sept. 24 — Authorizing the C.N.R. to construct two additional tracks and relocate
the three existing tracks across King St. in North Sydney, N.S.,
Mileage 98.93 Sydney Subd.
99267 Sept. 24 — Relieving the C.P.R. from erecting cattle guards at the crossing of
its railway and the highway at certain locations on its Shuswap
Subd., B.C.
456
99268 Sept. 24 — Relieving the C.P.R. from erecting cattle guards at the crossing of
its railway and the highway at Mileage 21.4 Okanagan Subd., B.C.
99269 Sept. 24 — Authorizing the C.N.R. to operate under the Metropolitan Winnipeg
by-pass in the Rural Munic. of Fort Garry, Man., Mileage 5.44
Letellier Subd.
99270 Sept. 24 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 17 across the C.P.R. by means of an overhead bridge at Mileage
78.45 Chalk River Subd.
99271 Sept. 25 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Co. under Section 3 of the Maritime Freight Rates Act.
99272 Sept. 25 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
99273 Sept. 25 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
99274 Sept. 25 — Approving proposed temporary anhydrous ammonia unloading
facilities of Consolidated Mining and Smelting Company at Reston,
Man., C.P.R.
99275 Sept. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Pleasant Valley Road in Brookfield, N.S., Mile-
age 55.91 Bedford Subd.
99276 Sept. 25 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Co. under Section 8 of the Maritime Freight Rates Act.
99277 Sept. 28 — Dismissing application of the Acme Shingle and Lumber Company
Limited, and others, for interchange track facilities between the
C.N.R. and Vancouver and Lulu Island Rly. Co. (C.P.R.) near Tucks,
B.C.
99278 Sept. 25 — Authorizing the C.N.R. to reconstruct the overhead bridge carrying
Barton St. across the Stelco Siding in Hamilton, Ont., Mileage 0.25,
Ont.
99279 Sept. 25 — Authorizing the Town of Candiac, P.Q., to construct a temporary
crossing of Montcalm Blvd. across the C.N.R. at Mileage 15.23
Massena Subd.
99280 Sept. 25 — Authorizing the C.P.R. to remove the station shelter at Oconto, Ont.
99281 Sept. 25 — Authorizing the removal of the speed limitation at the crossing of
Manseau Blvd. and the C.N.R. in Joliette, P.Q., Mileage 1.15
l'Assomption Subd.
99282 Sept. 25 — Authorizing the removal of the speed limitation at the crossing of
Delanaudiere St. and the C.N.R. at Joliette, P.Q., Mileage 1.5
TAssomption Subd.
99283 Sept. 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Cedar Brae, Ont., Mileage 29.20 Bala
Subd.
99284 Sept. 25 — Requiring the Dominion Atlantic Rly. Co. to install automatic pro-
tection at Kennetcook Village crossing and their railway, Mileage
26.52 Truro Subd., N.S.
99285 Sept. 28 — Approving tolls published by the C.P.R. under Section 3 of the
Maritime Freight Rates Act.
99286 Sept. 28 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
99287 Sept. 28 — Authorizing the C.P.R. to make signal changes between Mileage 0.0
and Mileage 75.5 Swift Current Subd., Sask.
99288 Sept. 28 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Doaktown, N.B., Mileage 46.41 Nashwaak Subd., C.N.R.
99289 Sept. 28 — Approving proposed flammable liquid bulk storage facilities of BP
Canada Limited, at Noranda, P.Q., Mileage 55.92 Kirkland Lake
Subd., Ontario Northland Rly.
457
99290 Sept. 28 — Approving Revised Schedule B to Agreement between The Bell
Telephone Company of Canada and the Canadian Overseas Tele-
communication Corp.
99291 Sept. 28 — Requiring the C.N.R. to install improved protection at the crossing of
their railway and George St., Sydney, N.S., Mileage 113.31 Sydney
Subd.
99292 Sept. 28 — Approving revised plan submitted by Consumers' Gas Company,
showing details of its gas main authorized to be constructed across
and under the pipe line of Trans Canada Pipe Lines Ltd. in the Twp.
of Vespra, Ont.
99293 Sept. 28— Amending Order No. 75635 which authorized the Alta. Dept. of
Public Works to construct the highway across the N.A. Railways at
Mileage 52.3 Lac La Biche Subd.
99294 Sept. 28 — Requiring the Dominion Atlantic Rly. Co. to install automatic pro-
tection at the crossing of their railway and the Truro-Windsor Road
at Mileage 55.14 Truro Subd.
99295 Sept. 28 — Requiring the C.P.R. to install automatic protection at the crossing of
its railway and the C.N.R. and Woodland Ave. in Beaconsfield, P.Q.
99296 Sept. 28 — Approving liquefied petroleum gas storage facilities of Blue Flame
Gas Distributors Limited at Viking, Alta., Mileage 44.5 Viking Subd.,
C.N.R.
99297 Sept. 28 — Approving proposed flammable liquid bulk storage facilities of Perry
River Logging Co. Ltd., at Malawka, B.C., Mileage 29.6 Shuswap
Subd., C.P.R.
99298 Sept. 28 — Authorizing the Twp. of Scarboro, Ont., to improve the approach
grade on the north side of the crossing of Brimley Rd. and the
C.N.R. at Mileage 324.22 Oshawa Subd.
99299 Sept. 28 — Relieving the C.P.R. from erecting fencing along the east side of
its right of way between Mileages 0.0 and 4.1 Brocket Southerly
Branch, Alta.
99300 Sept. 28 — Approving operation of the C.P.R. over the private siding serving
Western Canada Steel Limited, in Vancouver, B.C., Mileage 1.66
Westminster Branch of the Vancouver and Lulu Island Rly.
99301 Sept. 28 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Landis, Sask., Mileage 22.74 Unity Subd., C.N.R.
99302 Sept. 28 — Authorizing the Munic. District of Lethbridge No. 25 to construct
the highway across the C.P.R. at Mileage 91.64 Taber Subd., Alta.
99303 Sept. 28 — Authorizing the Ontario Dept. of Highways to widen Highway No.
402 where it crosses the C.N.R. at Mileage 68.34 Forest Subd., Twp.
of Sarnia, Ont.
99304 Sept. 28 — Authorizing the Ontario Dept. of Highways to widen Highway No. 7
where it crosses the C.P.R. at Mileage 9.4 Orangeville Subd., Twp.
of Chinguacousy, Ont.
99305 Sept. 28 — Approving proposed flammable liquid storage facilities of Texaco
Canada Limited at Thompson, Man., Mileage 30.59 Thompson Subd.,
C.N.R.
99306 Sept. 28 — Requiring the Dominion Atlantic Rly. to install automatic protection
at the crossing of their railway and the Windsor-Milford Road near
Brooklyn, N.S., Mileage 6.31 Truro Subd.
99307 Sept. 28 — Approving flammable liquid storage facilities of British American
Oil Company Limited at Chatham, N.B., Mileage 7.40 Loggieville
Subd., C.N.R.
99308 Sept. 28 — Authorizing the County of Wellington, Ont., to improve the approach
to County Road No. 56 where it crosses the C.N.R. at Mileage 58.05
Fergus Subd.
99309 Sept. 28 — Approving flammable liquid storage facilities of North Star Oil
Limited at Olds, Alta., Red Deer Subd., C.P.R.
99310 Sept. 29 — Amending Order No. 95869 which authorized the construction of a
public crossing at the farm crossing over the C.P.R. at Mileage
62.45 Langdon Subd.
458
99311 Sept. 29 — Authorizing the C.N.R. to construct their bridge over Poisson Blanc
Creek, P.Q., Mileage 110.6 St. Felicien-Chibougamau Line.
99312 Sept. 29 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Onesime Gagnon Blvd., in St. Felicien, P.Q.,
Mileage 30.77 Roberval Subd.
99313 Sept. 29 — Requiring the Dominion Atlantic Railway to install automatic pro-
tection at the crossing of its railway and Grand Pre Road at Mileage
46.67 Halifax Subd., N.S.
99314 Sept. 29 — Requiring the Dominion Atlantic Railway Co. to install automatic
protection at the crossing of its railway and Highway No. 1, just
west of Annapolis Royal, N.S., Mileage 0.23 Yarmouth Subd.
99315 Sept. 29 — Authorizing the N.Y.C. Railroad Co. to operate over the swing bridge
at Melocheville, P.Q., Adirondack Subd.
99316 Sept. 29 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99317 Sept. 29 — Rescinding certain Orders in the matter of the installation of auto-
matic protection at the crossing of Archibald St. and the C.N.R. in
the City of St. Boniface, Man., Mileage 151.25 Sprague Subd.
99318 Sept. 29 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
99319 Sept. 30 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
99320 Sept. 30 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
99321 Sept. 30 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
99322 Sept. 30 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
99323 Oct. 1 — Extending the time within which the C.P.R. is required to construct
sidings at certain locations in the Town of Grand Falls, N.B.
99324 Oct. 1 — Approving operation of the C.P.R. trains over the private siding
serving the ballast pit near Archerville, Sask.. Mileage 65.86 Tisdale
Subd,
99325 Oct. 1 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99326 Oct. 1 — Authorizing the C.N.R. to operate under the highway bridge over
the industrial spur at East Saint John, N.B.
99327 Oct. 1 — Approving flammable liquid bulk storage facilities of Imperial Oil
Limited at Yorkton, Sask., Wynyard Subd., C.P.R.
99328 Oct. 1 — Approving proposed flammable liquid storage facilities of British
American Oil Company Limited at Ashcroft, B.C., Mileage 47.74
Thompson Subd., C.P.R.
99329 Oct. 1 — Authorizing the B.C. Dept. of Highways to construct Lougheed High-
way across and over the pipe line of the Trans Mountain Oil Pipe
Line Company in the Munic. of Coquitlam, B.C.
99330 Oct. 1 — Authorizing the C.N.R. to operate their trains, etc. over the bridge
at Mileage 50.8 Skeena Subd., B.C.
99331 Oct. 1 — Authorizing the Munic. District of Stony Plain No. 84 to construct
the highway across the C.N.R. at Mileage 48.0 Wabamun Subd., Alta.
99332 Oct. 1 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. near Caradoc, Ont., Mileage 14.0 Windsor
Subd.
99333 Oct. 1 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 81.47 Thompson Subd., B.C.
99334 Oct. 1 — Authorizing the C.P.R. to operate over the subway at Mileage 84.71
Thompson Subd., B.C.
99335 Oct. 2 — Extending the time within which the C.N.R. are required to install
protection at crossing of their railway and Letourneaux Ave., Mont-
real, P.Q., Mileage 9.28 Longue Pointe Subd.
459
99336 Oct.
99337 Oct.
99338 Oct.
99339 Oct.
99340 Oct.
99341 Oct.
99342 Oct.
99343 Oct.
99344 Oct.
99345 Oct.
99346 Oct.
99347 Oct.
99348 Oct.
99349 Oct.
99350 Oct.
99351 Oct.
99352
Oct.
99353
Oct.
99354
Oct.
99355
Oct.
99356
Oct.
99357
Oct.
99358
Oct.
99359 Oct.
2— Authorizing the C.P.R. to remove the station shelter at Aylen, Ont.,
Mileage 45.8 North Bay Subd.
2 — Authorizing the C.P.R. to remove the station shelter at Bissett, Ont.,
Mileage 37.5 North Bay Subd.
2 — Authorizing the C.P.R. to remove the station shelter at Mackey, Ont.,
Mileage 20.0 North Bay Subd.
2 — Requiring the C.N.R. to install automatic protection at the crossing of
their railway and Highway No. 60, near Killaloe, Ont., Mileage 93.84
Renfrew Subd.
2 — Authorizing the C.N.R. to operate over the private siding serving The
Hydro Electric Power Commission of Ontario in the Twp. of Toronto,
Mileage 10.6 Oakville Subd.
2 — Rescinding Order No. 65310 which approved the location of facilities
of Hi-Way Refineries Limited for the storage of flammable liquids
near the C.N.R. at Prince Albert, Sask.
2 — Rescinding Order No. 73281 which approved the location of facilities
of North Star Lumber Co. Ltd. for the storage of flammable liquids
near the C.N.R. at Prince Albert, Sask.
2 — Authorizing the Enterprise Printing and Publishing Co. to construct
a sanitary sewer across and under the pipe line of Trans-Northern
Pipe Line Company in Lot 21, Con. 1, West of Yonge St., Twp. of
North York, Ont.
2— Rescinding Orders 62089, 67922, 71693 and 74713, which approved
facilities of Imperial Oil Limited near the C.N.R. at Prince Albert,
Sask.
2 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing protection at crossing of the C.N.R. and Highway No. 10
at Inglewood, Ont., Mileage 37.4 Milton Subd.
2 — Requiring the C.N.R. to install automatic protection in lieu of the
existing wig wag signals at crossing of the C.N.R. and Highway No.
94 near Durland, Ont.
2 — Requiring the C.N.R. to install flashing light signals and bell, in lieu
of the existing wig wag signals at crossing of their railway and
Highway No. 2A at St. Pacome, P.Q., Mileage 36.85 Montmagny
Subd.
2 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 47 one mile north of Stouffville,
Ont., Mileage 38.94 Uxbridge Subd.
2 — Authorizing the Munic. District of Kneehill No. 48 to construct the
highway across the C.P.R. at Mileage 14.68 Acme Subd., Alta.
2 — Authorizing the removal of the speed limitation at the crossing of
2nd St. and the C.P.R. at London, Ont., Mileage 111.39 Gait Subd.
2 — Authorizing Canadian Chemical Company Limited to construct one
sewer line, one fresh water line and one salt water line across and
under the pipe line of the Interprovincial Pipe Line Company in
SEA sec. 17-53-23-W.4M., Alta.
5 — Approving agreement between The Bell Telephone Company of
Canada and the Minister of National Defence.
5 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 9.7 Shuswap Subd., B.C.
5 — Authorizing the C.N.R. to reconstruct their bridge over the Bulkley
River at Mileage 62.2 Telkwa Subd., B.C.
5 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Mileage 10.14 Ste. Agathe Subd., P.Q.
6 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. west of the Village of Cranford, Alta.
6 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
6 — Authorizing the Great Northern Rly. Co. to operate over the industrial
branch line at certain locations in the New Westminster District of
B.C.
6 — Approving flammable liquid storage facilities of the British American
Oil Company Limited, at Lynn Lake, Man., Mileage 185.0 Sherridon
Subd.
460
99360 Oct. 6 — Authorizing the C.N.R. to make changes in the control circuits of the
protection at the crossing of their railway and the highway in the
Village of Villeneuve, P.Q., Mileage 4.64 Montmorency Subd.
99361 Oct. 6 — Approving location of the C.N.R. freight and passenger shelter at
Lejac, B.C.
99362 Oct. 6 — Requiring the C.P.R. to install automatic protection at crossing of
its railway and County Road No. 1, Village of Streetsville, Ont.,
Mileage 0.20 Orangeville Subd.
99363 Oct. 6 — Amending Order No. 99054 which authorized the C.N.R. to construct
the highway across their right of way by means of an overhead
bridge at Mileage 77.19 Milton Subd., Ont.
99364 Oct. 7 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
99365 Oct. 7 — Approving overhead and side clearances at Mileage 4.48 of the spur
track serving Hilton Mines Limited, commencing at Mileage 33.32
Waltham Subd., Twp. of Bristol, P.Q.
99366 Oct. 7 — Approving proposed flammable liquid storage facilities of Grenfell
Co-Operative Assoc. Ltd., at Grenfell, Sask., Mileage 15.6 Indian
Head Subd.
99367 Oct. 7 — Extending the time within which the Midland Rly. Co. of Manitoba
is required to install automatic protection at the crossing of its
railway and McPhillips St., Winnipeg, Man.
99368 Oct. 7 — Authorizing the C.N.R. to make changes in the protection at the
crossing of their railway and Boulevard des Chutes, Town of Beau-
port, P.Q.
99369 Oct. 7 — Authorizing the C.N.R. to make changes in the protection at the
crossing of their railway and Station St., in the City of Giffard, P.Q.,
Mileage 2.77 Montmorency Subd.
99370 Oct. 7 — Authorizing the Township of Crowland to relocate the protection at
the crossing of the C.N.R. and Lincoln St., Welland, Ont., Mileage
14.25 Welland Subd.
99371 Oct. 7 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 532 across the C.N.R. at Mileage 15.24 Huntsville Subd.
99372 Oct. 7 — Approving location and lay-out of the station proposed to be erected
by the C.N.R. at Oromocto, N.B.
99373 Oct. 7 — Extending the time within which the Sydney and Louisburg Rly. Co.
is required to install flashing light signals and bell at crossing of its
railway and Maddens Crossing, west of the station at New Water-
ford, N.S.
99374 Oct. 7 — Authorizing the removal of the speed limitation at the crossing of
Pere Marquette St. and the C.P.R. at Trois Rivieres, P.Q., Mileage
1.53 St. Maurice Valley Subd.
99375 Oct. 7 — Authorizing the Twp. of Scarborough to construct a footbridge across
the C.N.R. at Mileage 58.79 Uxbridge Subd., Ont.
99376 Oct. 7 — Authorizing the removal of the speed limitation at the crossing of
Lacadie Station Road and the C.N.R. at Lacadie, P.Q., Mileage 18.67
Rouses Point Subd.
99377 Oct. 7 — Approving flammable liquid storage facilities of Canadian Oil Com-
panies, Limited, at Britt, Ont., Mileage 65.0 Parry Sound Subd.
99378 Oct. 7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at St. Gregoire, P.Q., Mileage 16.32
Adirondack Subd.
99379 Oct. 7 — Authorizing the removal of the speed limitation at the crossing of
11th Ave. East and the C.P.R. at Swift Current, Sask., Mileage 109.82
Swift Current Subd.
99380 Oct. 7 — Dismissing application of the C.N.R. for authority to close as an
agency their station at Vanscoy, Sask.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
Cranio
tEfje poarb of
ommts&tonerg for Canatra
Judgments, Orders, Regulations and Rulings
Vol. XLIX
OTTAWA, NOVEMBER 16. 1959
No. 16
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
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accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
AUGUST, 1959.
Railway Accidents 261 Killed 20 Injured 350
Level Crossing Accidents 29 Killed 10 Injured 43
Total
290
30
393
Passengers . .
Employees
Others
Total
Killed Injured
127
7 211
23 55
30 393
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Nova Scotia
— 1 Auto truck struck by train. Licence: N.S. C-608-35.
Quebec
— 1 Automobile struck by train. Licence: Que. X-2908.
— 2 Automobile struck by train. Licence: Que. 300-788.
1 — Pedestrian struck by train.
1 2 Automobile struck by train. Licence: Que. 429-596.
461
76765-7—1
462
Killed Injured
Ontario
1 — Pedestrian struck by train.
1 2 Automobile ran into side of train. Licence: Ont. 869-215.
1 3 Tractor trailer truck struck by train. Licence: Ont. 74-261.
— 6 Automobile struck by train. Licence: Ont. 634-747.
— 1 Automobile struck by train. Licence: Ont. 170-323.
1 1 Motorcycle struck by train. Licence: Ont. B-93.
— 1 Tractor trailer struck by train. Licence: Ont. 30733-C.
1 — Automobile struck by train. Licence: Ont. 19793.
— 4 Automobile ran into side of train. Licence: Ont. 726-975.
Manitoba
— 2 Auto truck struck by train. Licence: Man. T-30133.
1 1 Auto truck struck by train. Not licensed.
— 3 Automobile struck by train. Licence: Man. 5-J-743.
— 3 Automobile ran into side of train. Licence: Man. 4-N-217.
— 1 Child struck by train.
Saskatchewan
— 1 Automobile struck by train. Licence: Sask. 52-482.
— 1 Farm tractor struck by train.
— 1 Auto truck struck by train. Licence: Sask. F-l-370.
— 1 Auto truck struck by train. Licence: Sask. F-60994.
Alberta
1 1 Auto truck struck by R.D.C. Licence: Alta. X-252-850.
— 1 Automobile struck by train. Licence: Alta. AT-744.
— 1 Auto truck struck by train. Licence: Alta. E-51367.
— 1 Automobile struck by train. Licence: Alta. XF-013.
1 — Auto truck struck by R.D.C. Licence: Alta. E-53405.
British Columbia
— 1 Auto truck struck by train. Licence: B.C. C-30-230.
Of the 29 accidents at highway crossings, 25 occurred at unprotected crossings,
4 at protected crossings, 25 occurred after sunrise and 4 after sunset.
Ottawa, Ontario, October 26, 1959.
463
SUMMARY OF ORDERS ISSUED BY THE BOARD
99381 Oct. 8 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
99382 Oct. 8— Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
99383 Oct. 8 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Wallace crossing on the Wentworth-Wallace
Road, Cumberland Co., N.S., Mileage 23.16 Oxford Subd.
99384 Oct. 8 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Smyth Road, Ottawa, Ont., Mileage 2.39 Sussex
Subd.
99385 Oct. 8 — Rescinding Orders 61412, 66140 and 67530 which approved the loca-
tion of facilities of Imperial Oil Limited for the handling and
storage of flammable liquids near the C.P.R. at Hayter, Alta.
99386 Oct. 8 — Rescinding Order 63162 which approved the location of facilities of
Imperial Oil Limited for the handling and storage of flammable
liquids near the C.P.R. at Totnes, Sask.
99387 Oct. 8 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 19.175 Shuswap Subd., B.C.
99388 Oct. 8 — Authorizing the Quebec Dept. of Roads to construct Laurentian
Boulevard across the C.N.R. by means of a subway in the Town
of Charlesbourg, Co. of Quebec, Mileage 4.33 Batiscan Subd.
99389 Oct. 8 — Authorizing the Quebec Dept. of Roads to construct Laurentian
Boulevard across the C.N.R. by means of a subway in the City of
Quebec, Mileage 2.54 Lairet Subd.
99390 Oct. 8 — Authorizing Mobil Oil of Canada Limited to construct a transite
asbestos cement salt water pipe line across and under the pipe line
of Westspur Pipe Line Company in the NW£ Sec. 27-5-33-W.1M.
99391 Oct. 8 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
99392 Oct. 8 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Middle Road (Queen Elizabeth Highway) in
Burlington, Ont., Mileage 0.30 Milton Subd.
99393 Oct. 8 — Authorizing the C.P.R. to operate through the interlocker at crossing
of its railway and the C.N.R. at Cobourg, Ont., Mileage 32.7 Oshawa
Subd.
99349 Oct. 9 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
99395 Oct. 9 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. at Mileage 12.84 Oak Point Subd., Portage-
Brandon Division, Man.
99396 Oct. 9 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Company Limited at Langruth, Man., Mileage 38.6
Oakland Subd.
99397 Oct. 9 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99398 Oct. 9 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99399 Oct. 9 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99400 Oct. 9 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99401 Oct. 9 — In the matter of the application of the C.P.R. for authority to con-
struct a terminal freight yard in the Twp. of Scarborough, Ont.,
and to construct a number of grade separations in the vicinity of
same.
99402 Oct. 9 — Authorizing the Alberta Dept. of Highways to construct retaining
walls to support fill in front of the abutments of the overhead bridge
on Hwy. No. 12, Mileage 81.8 Lacombe Subd. of the C.P.R.
76765-7—2
464
99403 Oct. 9 — Authorizing Calgary Power Limited to construct an aerial pipe
line of the Trans Mountain Oil Pipe Line Company in the SE£ and
SW£ Sec. 4-53-20-W.5M.
99404 Oct. 9 — Approving Supplement No. 1 to Service Station Contract between
The Bell Telephone Company of Canada and the Worthington
Municipal Telephone System.
99405 Oct. 9 — Approving Supplement No. 3 to Service Station Agreement between
The Bell Telephone Company of Canada and the Hoath Head and
Grey Telephone Company Limited.
99406 Oct. 9 — Approving Service Station Contract between The Bell Telephone
Company of Canada and The Commissioners for the Telephone
System of the Municipality of the Township of Wilmot.
99407 Oct. 9 — Authorizing Calgary Power Ltd. to construct an aerial transmission
line across and over the pipe line of Trans Mountain Oil Pipe Line
Company in the SWi Sec. 19-53-7-W.5M., Alta.
99408 Oct. 9 — Authorizing the Saskatchewan Power Corporation to construct a
natural gas pipe line across and under the pipe line of Westspur
Pipe Line Company in the NE£ Sec. 5-5-1-W.2M., Sask.
99409 Oct. 9 — Authorizing Calgary Power Limited to construct an aerial trans-
mission line across and over the pipe line of the Trans Mountain
Oil Pipe Line Company in the NW£ Sec. 34-52-20-W.5M., Alta.
99410 Oct. 9 — Authorizing Calgary Power Ltd. to construct an aerial transmission
line across the pipe line of the Trans Mountain Oil Pipe Line
Company in the SWi Sec. 6-53-19-W.5M., Alta.
99411 Oct. 9 — Authorizing the Saskatchewan Power Corporation to construct a
natural gas pipe line across and under the pipe line of the Westspur
Pipe Line Company in the SW£ Sec. 26-4-5-W.2M., Sask.
99412 Oct. 9 — Authorizing Calgary Power Ltd. to construct an aerial transmission
line across the pipe line of the Trans Mountain Oil Pipe Line
Company in the SW£ Sec. 5-53-22-W.5M.
99413 Oct. 9 — Authorizing the Municipality of Metropolitan Toronto to construct
a sewer main across and under the pipe line of the Trans Northern
Pipe Line Company in the northerly half of Lot 21, Cone. 2, West of
Yonge St., Twp. of North York, Ont.
99414 Oct. 9 — Authorizing Calgary Power Ltd. to construct an aerial transmission
line across and over the pipe line of Trans Mountain Oil Pipe Line
Co. in the SWi of Sec. 3-53-21-W.5M.
99415 Oct. 13 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99416 Oct. 13 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99417 Oct. 13 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under section 8 of the Maritime Freight Rates
Act.
99418 Oct. 13 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99419 Oct. 13 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Glenside, Sask.
99420 Oct. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 592 at Mileage 85.13 Fort Frances
Subd., Ont.
99421 Oct. 13 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 42, at Mileage 8.5 Kerrobert Subd., Sask.
99422 Oct. 13 — Authorizing the Village of Vauxhall, Alta., to relocate the crossing
of the highway and the C.P.R. at Mileage 49.76 Suffield Subd.
99423 Oct. 13 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to construct Highway No. 14 across the C.P.R. at Mileage 10.48
Wilkie Subd.
99424 Oct. 13 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.P.R. at Beachville, Ont., Mileage 5.49 St. Thomas
Subd.
465
99425 Oct. 13 — Authorizing the County of Warner No. 5 to construct the highway
across the C.P.R. in Coutts, Alta., Mileage 46.96 Coutts Subd.
99426 Oct. 13— Authorizing the Quebec Dept. of Roads to extend Donegami Road
on the north side of the tracks of the C.N.R. and C.P.R. between
Pine Beach Ave. crossing and Cote de Liesse Road in the Town of
Dorval, Co. of Jacques Cartier, P.Q.
99427 Oct. 14 — Authorizing the Twp. of North York, Ont., to construct a cast iron
water main across and under the pipe line of Trans-Northern Pipe
Line Company at Harkness St., in Lot 21, Cone. 1, west of Yonge St.
99428 Oct. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Dawson Road (Highway No. 17A) at Mileage
33.67 Kashabowie Subd., Ont.
99429 Oct. 14 — Authorizing the C.N.R. to reconstruct the trestle which carries the
interchange track between their railway and the Esquimalt &
Nanaimo Rly. over Harbour Road, in Victoria, B.C.
99430 Oct. 14— Rescinding Order No. 98599, which authorized the C.P.R. to provide
the necessary circuits for the synchronization of flashing light signals
at the crossing of its railway and the C.N.R. at Hurdman Road and
Riverside Drive, in Ottawa, Ont.
99431 Oct. 14 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
99432 Oct. 14 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under sections 3 and 8 of the Maritime Freight
Rates Act.
99433 Oct. 14— Jlescinding Orders 94942 and 95922, which authorized the Ontario
Dept. of Highways to construct Highway No. 20 across the C.N.R.
by means of an overhead bridge at Mileage 2.46 Thorold Subd.
99434 Oct. 14 — Relieving the C.N.R. from erecting fencing along the east side of
their right of way between Mileage 31.9 and Mileage 33.05 Victoria
Beach Subd., Man.
99435 Oct. 14 — Authorizing the C.N.R. to open for traffic its line of railway from
St. Felicien to Cache Lake (Faribault) Mileage 0.00 to Mileage 133.36,
in the Districts of Roberval and Abitibi, P.Q.
99436 Oct. 14 — Approving tolls published in tariffs filed by the C.P.R. under section
8 of the Maritime Freight Rates Act.
99437 Oct. 15— ^Requiring the C.N.R. to install improved protection at crossing of
their railway and Highway No. 518 at Emsdale, Ont., Mileage 50.8
Huntsville Subd.
99438 Oct. 15— Authorizing the C.N.R. to remove the caretaker at Stony Beach,
Sask.
99439 Oct. 15— Authorizing the Quebec Dept. of Roads to widen St. Pacome Road
across the C.N.R., in the Parish of St. Pacome, Co. Kamouraska,
P.Q.
99440 Oct. 15 — Authorizing the C.N.R. to remove the gauntlet track and protecting
signals over the Red Deer River Bridge, near Munson, Alta.
99441 Oct. 15 — Authorizing the N.Y.C. Railroad Company to make signal changes
between Welland and Fort Erie, Ont.
99442 Oct. 15 — Approving flammable liquid storage facilities of North Star Oil
Limited at Beechy, Sask., Mileage 34.9 Beechy Subd.
99443 Oct. 15 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Sault Ste. Marie, Ont., Mileage 129.03 Thessalon Subd.
99444 Oct. 15 — Authorizing the Northern Alberta Railways Company to operate
over the bridge crossing the Christina River, Alta., Mileage 199.0
Waterways Subd.
99445 Oct. 15 — Approving the proposed temporary Anhydrous Ammonia unloading
facilities of The Consolidated Mining and Smelting Company of
Canada Limited, at Broxburn, Sask., C.P.R.
99446 Oct. 15 — Approving proposed flammable liquid storage facilities of the C.N.R.
at Senneterre, P.Q.
99447 Oct. 15 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada, Limited, at Toronto, Ont., The Toronto Harbour
Commissioners.
466
99448 Oct. 15 — Rescinding Order No. 56336, which approved the location of facilities
of North Star Oil Limited for the handling and storage of flammable
liquids near the C.P.R. at Raymond, Alta.
99449 Oct. 15 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Byng Place, Fort Garry, Man.,
Mileage 0.38 Letellier Subd.
99450 Oct. 15 — Authorizing the C.P.R. to make signal changes on its Belleville and
Oshawa Subds., Ont.
99451 Oct. 15 — Authorizing the C.P.R. to remove the station shelter at Tiffin, Ont.
99452 Oct. 15 — Authorizing the British Columbia Power Commission to construct a
transmission line and a distribution line across and over the pipe
line of Trans Mountain Oil Pipe Line Company in District Lot 1689
of the Kamloops District of B.C.
99453 Oct. 15 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Main St. in
Moosomin, Sask., Mileage 86.3 Broadview Subd.
99454 Oct. 15 — Authorizing the C.N.R. to operate over the siding serving the Depart-
ment of National Defence at Linkletter, P.E.I., Mileage 2.31 Tignish
Subd.
99455 Oct. 15— Relieving the C.P.R. from erecting fencing along the south side of
its right of way between Mileage 75.1 and Mileage 75.6 Glenboro
Subd., Man.
99456 Oct. 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 67.73 Chalk River Subd., Ont.
99457 Oct. 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Grand Falls Central Railway at Bishop's Falls,
Nfld., Mileage 9.1 Grand Falls Subd.
99458 Oct. 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at the 2nd crossing north of Holland
Landing, Ont., Mileage 38.43 Newmarket Subd.
99459 Oct. 15 — Authorizing the British Columbia Power Commission to construct a
transmission line and a distribution line across and over the pipe
line of Trans Mountain Oil Pipe Line Company in District Lot 1657,
in the Kamloops District of B.C.
99460 Oct. 15 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 13 where it crosses the C.N.R. at Mileage 42.09 Glad-
stone Subd.
99461 Oct. 16 — Authorizing the British Columbia Telephone Company to construct
an underground conduit across and over the pipe line of Trans
Mountain Oil Pipe Line Company in the vicinity of Foster Road and
Gatensbury Road, Munic. of Coquitlam, B.C.
99462 Oct. 16 — Authorizing the Manitoba Hydro Electric Board to construct an
aerial transmission line across and over the pipe lines of the Inter-
provincial Pipe Line Company in the SE£ Sec. 23-8-22-W.PM.
99463 Oct. 16 — Authorizing the Saskatchewan Power Corporation to construct a
natural gas pipe line across and under the pipe lines of the Inter-
provincial Pipe Line Company in the NW£ Sec. 1-18-20-W.2M.
99464 Oct. 16 — Amending Order 99018, which authorized the C.N.R. to reconstruct
the overhead bridge carrying Birchmount Ave. across their right of
way between Lots 30 and 31, Con. B., Twp. of Scarborough, Ont.,
Mileage 326.6 Oshawa Subd.
99465 Oct. 16 — Rescinding Order No. 69819, which approved the location of facilities
of Imperial Oil Limited for the handling and storage of flammable
liquids near the C.P.R. at Moor Lake, Ont.
99466 Oct. 16 — Authorizing the C.P.R. to remove the station shelter at Kendry, Ont.
99467 Oct. 16 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99468 Oct. 16— Authorizing the C.P.R. to remove the station shelter at Atha Road,
Ontario.
467
99469 Oct. 16 — Authorizing Associated Engineering Services Limited to construct
three public lanes across and over the pipe line of Trans Mountain
Oil Pipe Line Company at certain points south of Thomas Ave.,
Munic. of Coquitlam, B.C.
99470 Oct. 16 — Authorizing the C.N.R. to construct their branch line to the South
Saskatchewan River Dam at certain mileages on their Conquest
Subd., Sask.
99471 Oct. 16 Authorizing the C.P.R. to remove the station shelter at Brown's
Corner, Ont.
99472 Oct. 16 Authorizing the C.P.R. to remove the station shelter at Glen Major,
Ont.
99473 Oct. 16— Authorizing the County of Hastings, Ont., to construct County
Road No. 4 across and under the C.N.R. by means of a subway at
Mileage 231.57 Oshawa Subd.
99474 Oct. 15 — Authorizing the Munic. of the County of Temiskaming, P.Q., to
construct the highway across the C.P.R. in Lot 31, Rge. 8, Twp. of
Mazenod, P.Q.
99475 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of the Trans
Mountain Oil Pipe Line Company in District Lot 3425 of the Kam-
loops Div. of the Yale District of B.C.
99476 Oct. 16 — Approving drawing showing details of the municipal drain authorized
to be constructed by the Twp. of West Nissouri, Ont., across and over
the pipe line of the Interprovincial Pipe Line Company in Lot 25,
Cone. 1, Twp. of West Nissouri.
99477 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in the vicinity of Lemieux Lake,
Kamloops Division of Yale District of B.C.
99478 Oct. 16 — Authorizing Ajax Alberta Pipeline Limited to construct a natural
gas pipe line across and under the pipe line of the Interprovincial
Pipe Line Company in the SE£ Sec. 20-53-23-W.4M.
99479 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in Dist. Lot 1824 of Kamloops
Division of Yale Dist. of B.C.
99480 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in District Lot 1818 of Kamloops
Division of Yale District of B.C.
99481 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in District Lot 2031 of the Kam-
loops Division of the Yale District of B.C.
99482 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmsision line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in District Lot 3408 of the Kam-
loops Division of the Yale District of B.C.
99483 Oct. 16 — Authorizing the British Columbia Power Commission to construct
an aerial transmission line across and over the pipe line of Trans
Mountain Oil Pipe Line Company in District Lot 5437 of the Kam-
loops Division of the Yale District of B.C.
99484 Oct. 19 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and County Road No. 16, County of Middlesex, Ont.,
Mileage 10.52 Windsor Subd.
99485 Oct. 19 — Authorizing the Ontario Dept. of Highways to widen Highway No.
402 across the C.N.R. at Mileage 2.5 Point Edward Subd., and the
private siding serving Homes Foundry.
99486 Oct. 19 — Authorizing the removal of the speed limitation at the crossing of
Crosby Avenue and the C.N.R. in Richmond Hill, Ont., Mileage 21.5
Bala Subd.
468
99487 Oct. 19 — Authorizing the removal of the speed limitation at the crossing of
Broadway St. and the C.N.R. in Chilliwack, B.C., Mileage 71.13 Yale
Subd.
99488 Oct. 19 — Approving flammable liquid bulk storage facilities of the C.P.R. at
Penticton, B.C., Mileage 0.0 Princeton Subd.
99489 Oct. 19 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 24 and the C.P.R. at Mileage 30.08 Orangeville Subd.,
Ont.
99490 Oct. 19 — Amending Order No. 81166, in the matter of protection at the cross-
ing of the highway and the C.P.R. west of the station at Gatineau,
P.Q., Mileage 111.91 Lachute Subd.
99491 Oct. 19 — Authorizing the Alberta Department of Highways to widen Highway
No. 43.80 where it crosses the Northern Alberta Railways Co. at
Mileage 66.15 Edmonton Subd.
99492 Oct. 19 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
99493 Oct. 19 — Authorizing the Quebec Dept. of Roads to relocate 5th Ave. (High-
way No. 4) where it crosses the C.N.R. in Ville St. Pierre, P.Q.,
Mileage 4.26 North Bank Branch of the Cornwall Subd.
99494 Oct. 20 — Authorizing the removal of the speed limitation at the crossing of
West Street and the C.P.R. at Trenton, Ont., Mileage 0.19 Oshawa
Subd.
99495 Oct. 20 — Authorizing the C.N.R. to reconstruct the bridge at Mileage 78.8
Wabamun Subd., Alta.
99496 Oct. 20— Rescinding Orders Nos. 58338, 65545 and 67566, which approved the
location of faciliteis of Imperial Oil Limited near the C.N.R. at
Cadomin, Alta.
99497 Oct. 20 — Rescinding Orders 71309 and 71960, which approved the location
of facilities of British American Oil Company, Limited, near the
C.N.R. at Luscar, Alta.
99498 Oct. 20 — Approving tolls published in tariffs filed by the C.N.R. under section
8 of the Maritime Freight Rates Act.
99499 Oct. 20— Authorizing the C.P.R. to construct a siding to serve V.L.M. Enter-
prises, Incorporated, across the public road allowance in the City
of New Westminster, B.C., Mileage 6.0 Westminster Subd.
99500 Oct. 20— Extending the time within which the C.P.R. is required to install
two flashing light signals and one bell, in lieu of the existing pro-
tection, at the crossing of its railway and Toronto and York Roads
Commission Road No. 7, Ont., Mileage 9.95 MacTier Subd.
99501 Oct. 20 — Authorizing Sun Oil Company to construct an access road across
and over the pipe line of Westcoast Transmission Company Limited,
in the vicinity of Mileage 111.8 Alaska Highway, Peace River District
of B.C.
99502 Oct. 21 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Bayview
Ave. in Thornlea, Ont., Mileage 16.9 Bala Subd.
99503 Oct. 21 — Rescinding Order 68365, which approved the location of facilities
of Canadian Petrofina Limited, for the handling and storage of
inflammable liquids near the C.N.R. at Loggieville, N.B.
99504 Oct. 21— Requiring the C.N.R. and C.P.R. to install protection at the crossings
of their railways and Ontario St. and Prince Edward. Street in
Brighton, Ont.
99505 Oct. 21— Authorizing the C.N.R. to construct an industrial track across 58th
Ave., 56th Ave. and the lane, in the City of Edmonton, Alta.
99506 Oct. 21 — Approving By-law No. 2904, of the Corp. of the Township of
Toronto, which prohibits the sounding of whistles in respect of any
highway crossing within the said Township.
99507 Oct. 21 — Authorizing the Township of Etobicoke to construct a sewer main
across and under the pipe line of Trans-Northern Pipe Line Company
at Martin Grove Road, in Lot 22, between Cones. 1 and 2, Ont.
469
99508 Oct. 21 — Authorizing the B.C. Dept. of Highways to construct Jamieson Road
across the Esquimau and Nanaimo Rly. in B.C., Mileage 115.6
Victoria Subd.
99509 Oct. 21 — Authorizing the C.N.R. to reconstruct their bridge at Mileage 84.4
Albreda Subd., B.C.
99510 Oct. 21 — Authorizing the Federal Department of Transport to construct two
cast iron pipes across and over the pipe line of Westcoast Trans-
mission Company Limited, in the SE| Sec. 7-17-18-W.6M., B.C.
99511 Oct. 22 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99512 Oct. 22 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99513 Oct. 22 — Authorizing the C.N.R. to operate over the subway at Mileage 37.0
Kensington Subd., P.E.I.
99514 Oct. 22 — Rescinding Order No. 71775 which approved the location of facilities
of G. M. Smith Company for the handling and storage of flammable
liquids near the C.N.R. at Saskatoon, Sask.
99515 Oct. 22 — Requiring the C.N.R. to install improved protection at the crossing
of the C.N.R. and Highway No. 7 near Peterborough, Ont., Mileage
61.5 Campbellford Subd.
99516 Oct. 22 — Approving flammable liquid storage facilities of British American
Oil Company, Limited, at Illecillewaet, B.C., Mountain Subd., C.P.R.
99517 Oct. 22 — Amending Order No. 86740, re apportionment of cost of constructing
Highway No. 69 (Trans Canada Highway) across the C.P.R. at
Mileage 125.60 MacTier Subd.
99518 Oct. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 115.8 Viking Subd., Alta.
99519 Oct. 22 — In the matter of protection at the crossing of the C.P.R. and Lee St.
in Portage la Prairie, Man.
99520 Oct. 22 — Authorizing the Township of North York, Ont., to construct a sanitary
sewer across and under the pipe line of Trans-Northern Pipe Line
Company east of Leslie St. and south of St. Lawrence Ave., in Lot 2,
Cone. 3, east of Yonge St.
99521 Oct. 22 — Authorizing the Alberta Dept. of Highways to reconstruct the exist-
ing subway at crossing of Highway No. 2 and the C.N.R., Mileage
36.9 Brazeau Subd.
99522 Oct. 22 — Approving flammable liquid storage facilities of the British American
Oil Company, Limited, at Rosetcwn, Sask., Rosetown Subd., C.P.R.
99523 Oct. 22 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Britt, Ont., Mileage 65.0 Parry Sound Subd., C.P.R.
99524 Oct. 22— Amending Order No. 93959 and Order No. 96511, which authorized
the B.C. Dept. of Highways to construct the highway over the C.P.R.
by means of an overhead bridge at Mileage 24.7 Shuswap Subd.,
B.C.
99525 Oct. 22 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 23.7 Shuswap Subd., B.C.
99526 Oct. 22— Authorizing the Rural Munic. of Eye Hill No. 382 to construct its
public road across and over the pipe line of Interprovincial Pipe
Line Company between Sees. 15 and 16, Twp. 37, Rge. 28, W.3M.,
Sask.
99527 Oct. 22 — Approving revised drawing submitted by Canadian Chemical Com-
pany Limited showing the location of its pipe lines under the pipe
line of Interprovincial Pipe Line Company in the Prov. of Alta.
99528 Oct. 23 — Authorizing Medallion Petroleums Limited to construct a natural
gas pipe line across and over the pipe line of Trans Mountain Oil
Pipe Line Company, Prov. of Alta.
99529 Oct. 23 — Approving flammable liquid storage facilities of North Star Oil
Limited at Kenora, Ont., Ignace Subd., C.P.R.
470
99530 Oct. 23 — Approving proposed flammable liquid storage facilities of the British
American Oil Company Limited, at Goudreau, Ont., Mileage 177.84
Northern Subd., Algoma Central & Hudson Bay Rly. Co.
99531 Oct. 23 — Authorizing the City of Kitchener, Ont., to construct Belmont Blvd.
over the C.N.R. by means of a subway at Mileage 63.85 Brampton
Subd.
99532 Oct. 23 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 23 across the C.N.R. in the Town of Morris, Man., Mileage 37.47
Letellier Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
Efje Poarb of
Gfranaport Commissioner* for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX
OTTAWA, DECEMBER 1. 1959
No. 17
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of increased- commutation fares filed with the Board to become
effective March 15, 1959, which were suspended by Order No. 97316,
dated Mar.dk 9, 1959.
yV, ^ ^ j/ File No. 29984.18
Belore: \, #
Rod. Kerr. Q.C., Chief Commissioner^
A. Sylvestre ^QCyfDeputy Chief Commissioner.
L. J. Knowles. Commissioner.
Appearances:
K. D. M. Spence, Q.C.,
and
A. J. Alliston,
J. W. G. MacDougall, Q.C.,
and
H. J. G. Pye,
Armand Poupart, Q.C.,
and
Jacques Viau, Q.C.,
J. O. Latour, M.P.,
Edward Van Koughnet,
Thomas Calder,
L. J. POMERLEAU,
J. L. Syrkos,
for Canadian Pacific Railway
Company.
for Canadian National Railways.
for the City of Pointe Claire.
representing Argenteuil-Deux-
Montagnes.
Beaurepaire.
representing Hudson, Hudson
Heights and Como.
Loretteville.
representing Owners' League of
Fabreville.
471
:649-2— 1
472
Ralph Goodmurphy,
and
representing Roxboro Junior
C. Renema,
J. M. BOURBONNAIS, M.P.,
R. Bleau,
Chamber of Commerce.
Vaudreuil-Soulanges.
representing Chamber of Commerce,
Henry de L. Harwood,
Isle Perrot.
representing the Parish of
Philippe Castonguay,
Jacques Desmarais,
R. M. Gibb,
Donald B. Garfat,
Vaudreuil.
Mayor, Vaudreuil Village,
representing Dorion.
representing Beaconsfield.
representing Oakville Commuters'
Association.
Hearings at Montreal on May 19, 20, 21 and 22, 1959, and at Toronto
June 8, 1959.
Kerr, C.C., and Knowles, C:
Acting under their statutory powers Canadian Pacific Railway Company,
Canadian National Railways and Northern Alberta Railways filed tariffs with
the Board in February, 1959, to be effective March 15, 1959, increasing and
otherwise modifying their commutation fares. The tariffs were designed
principally to cancel the present 50- trip general public commutation tickets;
cancel 20-trip commutation tickets; increase the 3 cents per mile rate of the
10-trip ticket to 3.5^ per mile, with minimum fare of 25 cents per trip; increase
the rate of the 40-trip general public tickets from 2.3 cents to 3.15 cents per
mile; increase the rate of the 40-trip scholars' tickets from 0.77 cent to 1.02 cents
per mile; increase the minimum fare for scholars from 13.5 cents per trip to
18 cents and increase the commutation minimum fares from 20.25 cents to
25 cents per trip; and discontinue round trip coach tickets in commutation
territory.
The Board received protests against the increases and acted to suspend
them. It issued Order No. 97316 on March 9 and gave notice that hearings
would be held after April 27 to receive evidence in justification of the increased
fares and in opposition thereto and directed the railways to file with the Board,
not later than April 7, 1959, copies of precis of evidence to be offered by them
and to concurrently deliver copies to each of the interested cities, towns and
municipalities that were represented at the hearings in Toronto, Montreal and
Ottawa in 1954 in the commutation case of that year, and to give copies upon
request to counsel representing persons affected and to any association of such
persons. The Order also required filing of objections to the increased fares,
with copies to railway counsel by parties intending to oppose the increases.
Hearings were subsequently held at Montreal and Toronto after due notice
to interested parties and considerable publicity in newspapers. Additional
information requested by the Board was furnished by the railways in July.
Both prior to and after the hearings the Board conducted investigations on
its own behalf through its Operating, Traffic, Economic and Financial staff,
respecting various features of commutation operations, expenses and revenues,
mainly respecting Canadian Pacific's Montreal-Rigaud suburban service. We
regard this service as a typical commutation service for fixing of reasonable
commutation fares generally.
JUDGMENT
473
THE COMMUTATION PROBLEM
In the Board's commutation Judgment of March 29, 1956, 73 C.R.T.C., 193,
authorizing certain increases in commutation fares, there was a suggestion that
it should remove commutation rates from the field of controversy for the fore-
seeable future as between commuters and the railways. That hope has not
been realized, the fare increases allowed at that time have not solved the
problem. It exists not only in the Montreal and Toronto areas but in large
cities in the United States, and there are similarities in nearly all areas, such
as concentration of commutation traffic in about two morning hours and two
evening hours, five days a week; idle equipment during off-peak hours and on
Saturdays and Sundays; and increases in operating expenses.
The commutation problem in the United States was recently investigated
by the United States Senate Committee on Interstate and Foreign Commerce.
That Committee, powerful and resourceful as it undoubtedly is, reported that
the solution is not readily apparent and that because the solutions which may
be found are essentially local it deemed it desirable to leave to the local govern-
ment agencies involved the job of seeking specifically tailored solutions to their
particular problem.
Commutation problems have also been investigated by commissions and
other bodies in the United States. Mr. Thomas Calder, who appeared at the
Montreal hearing in the present case representing Hudson, Hudson Heights
and Como, put information on the record in that respect and referred to
articles published in the New York Times, the Wall Street Journal and
Business Week. In replying to a question as to what were the principal
remedies suggested in those articles, he replied: "that some type of subsidy be
provided to induce them to go ahead and maintain their commutation services".
The Board was aware of those articles and of measures being taken in the
United States in respect of commutation services. In some areas there public
authorities have given financial aid to the railways to assist them in meeting
their expenses of providing the services.
In May of this year, the Interstate Commerce Commission made a report
on ''Railroad Passenger Train Deficit", following an extensive investigation
instituted in March 1956. The report contains a chapter on the commutation
problem, and the Commission's Recommendation No. 4, respecting commutation
services, was as follows:
"4. That where the railroads are unable to operate a particular local
or commuting service at a profit, and where such service is essential
to the community or communities served, that steps be taken by state
and local authorities, or both, to provide the service paying the carrier
the cost plus a reasonable profit."
Commissioner Arpaia, concurring, made additional observations on the
commutation problems in the United States, from which the following para-
graphs are quoted:
"Everyone having an interest in transportation has long been con-
cerned with the necessity of preserving commuter service. This investiga-
tion underscores the difficulties which surround it. To date, local
governments, chambers of commerce representing community economic
welfare, and individuals depending upon commuter service have gener-
ally taken a negative and passive attitude. Their interest is to insure a
high speed, efficient and comfortable commuter service at low fares.
But their interest stops there, on the assumption that it is solely the rail-
roads' responsibility to sustain it and that, if any financial assistance is
needed, it should come from the federal government. There has been
77649-2—2
474
no affirmative plan of action advanced by these groups, who are most
directly affected. The recent legislation by the State of New York is
a step in the right direction.
Each community that wants to retain an unprofitable service ought
to render some aid either in the form of tax relief or a guaranteed annual
minimum revenue, or both. Every community located along the line,
and the metropolitan center at its terminus, should participate in such
measures, since the service is of value to all of them. Some such arrange-
ment can be worked out in this respect if real effort is made.
There is no reason why the people of this country, through subsidies
or taxes, or why shippers of freight, should help pay for a local passenger
service. Vigorous cooperative action by communities who claim the
service is vital to their welfare is indispensable to any satisfactory
solution."
Several years prior to those pronouncements this Board, in its Judgment
of February 18, 1955, 72 C.R.T.C., 72, had referred to the direct interest that
local communities have in the commutation problem, as follows:
"Thus, the commuters, the railways and the Board realize that due
to the march of time and events the increasing congestion in metropolitan
areas and their approaches can no longer be the concern only of the
commuters, the railways and the Board and any solution, even if it is to
be but partially successful, bespeaks the consideration and assistance
of the governmental authorities and other public bodies most immediately
concerned."
The Board now as then is prepared to assist in efforts to find a solution.
Various affected suburban municipalities made submissions to the Board
in the present case and were represented at the public hearings, but the cities
of Montreal and Toronto did not make submissions or appear at the hearings.
COMMUTATION FARE INCREASES SINCE THE END OF WORLD WAR II
Commutation fares were dealt with in 1920, 25 C.R.C., 409, and the first
increase thereafter was not made until 1950 when an increase of up to 20
per cent was authorized by the Board in its Judgment of September 21, 1950,
66 C.R.T.C., p. 98.
In May, 1954, the railways sought leave of the Board to make further
increases, ranging up to 100 per cent, in two stages of 50 per cent at once
and 50 per cent six months later. Hearings were held by the Board at Toronto
and Montreal. The major complaint at Toronto was respecting the service,
and lack of service, rather than against the proposed rate increases. In the
Montreal area the suburban municipalities joined to retain counsel and a
chartered accountant and vigorously opposed the proposed increases. After
numerous conferences, investigation by the Board's staff, and hearings, the
Board authorized increases substantially as applied for, but it spread out the
coming into effect of the increases over a longer period than was originally
proposed by the railways. The result was that 50 per cent of the permitted
increases was made in the Toronto area in September, 1954, and in the
Montreal area in March, 1955, followed by an additional 25 per cent in May,
1956, and 25 per cent in May, 1957. The Board's Judgments authorizing the
increases are dated August 4, 1954, 71 C.R.T.C., 138; February 18, 1955, 72
C.R.T.C., 72; and March 29, 1956, 73 C.R.T.C., 193.
475
OBJECTIONS AGAINST PROPOSED INCREASES
In the present instance the Board received numerous protests against the
increases. Some of the protests were repeated at the hearing at Montreal and
Toronto by persons appearing there, but others were not supported by witnesses
or appearances at the hearings. All have been considered by the Board. The
principal objections and those most frequently made were the following:
1. Since 1950 there have been successive increases in commutation fares
of 20 per cent and 100 per cent.
2. Many commuters cannot afford to pay the increased fares and will
suffer hardship if they become effective.
3. The increases will force residents of the suburban communities to move
to, or closer to, Montreal and Toronto, and will depreciate property
values in the suburban communities and be detrimental to their
growth.
4. The increases will drive passengers from the railways and be self-
defeating.
5. Many persons established their homes in the suburban communities
expecting continuation of favourable commutation rates.
6. Passenger services as a whole and certain passenger services in particu-
lar are being provided by the railways at considerable loss, and com-
mutation services should therefore not be expected to pay their way.
7. The increases will bring commutation fares close to standard first class
and coach fares and will place on commuters an undue share of the
cost of passenger services.
8. Revenues from commutation services should be credited with moneys
that railway employees using the services would pay if they were
paying the same fares as are paid by other commuters.
9. There should be a "taper" in fares for the longer distances.
10. The expense figures of the railways for commutation services are
excessive and do not show true out-of-pocket costs.
11. The commutation services are poor; the railways are inefficient;
demands by railway labour are immoderate.
12. The railways have an obligation to provide commutation services, even
if the revenues therefrom do not meet out-of-pocket costs.
13. Round trip coach class tickets should not be discontinued.
ANALYSIS OF PROPOSED INCREASES
As stated elsewhere herein, we are using generally the Montreal-Rigaud
service of the Canadian Pacific as the yardstick for fares for commutation
services of the railways.
The proposed fares do not include any increases on 10-trip tickets between
Montreal, Westmount and Montreal West, because the present fares are now on
the basis of the maximum standard or full coach fare for the distances involved,
with a minimum of 25 cents per trip. The proposed fares for 40-trip tickets
however include an increase up to the maximum of 25 cents per trip between
Montreal, Westmount and Montreal West.
77649-2— 2£
476
The railways, in view of the maximum fares to Westmount and Montreal
West, and the large cash gate collections at these two points at single full
fares, have separated these two points in their exhibits from the remainder of
the territory, because very little increase could be made in the Montreal-
Westmount-Montreal West area.
The area beyond Montreal West to Rigaud is therefore considered as the
principal commutation fare area for the purposes of this case.
The present maximum standard mileage rate is 4.4 cents per mile (with a
minimum of 25 cents per trip) and the present one-way coach rate is 3.675
cents per mile (also with a minimum of 25 cents per trip). Return fares are
two first-class one-way fares less 10 per cent and two coach class one-way fares,
less 5 per cent, with a minimum of 50 cents.
In brief, the railways' proposal is to increase the 10- trip tickets by 17 per
cent up to approximately the full round trip coach fare, and increase the
40-trip tickets by 37 per cent. Following is a comparison of the present coach
fares, and the present and proposed commutation fares, with examples of
the cumulative increases since the year 1950:
477
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479
COMPARISON OF FARES IN EFFECT IN 1950, THE PRESENT FARES AND THE
RAILWAYS PROPOSED FARES, SHOWING THE INCREASES IN SUCH FARES
Between
Montreal (Windsor Stn)
and
In effect
October 6,
1950
Present
Cumulative
Increase
Proposed
Increase
Cumulative
Increase
One-way Coach Class
Dorval
.30
.40
Pointe Claire
.40
.55
Vaudreuil
.70
.90
Hudson
1.00
1.25
Rigaud
1.25
1.55
. 10-33%
. 15-37%
.20-29%
.25-25%
.30-24%
Round Trip Coach Class
Dorval
Pointe Claire
Vaudreuil. . . .
Hudson
Rigaud
.55
.80
. 25^5%
.70
1.05
.35-50%
1.25
1.75
.50-40%
1.80
2.40
. 60-33%
2.25
2.95
.70-31%
10-Trip Commutation
Dorval
Pointe Claire
Vaudreuil. . . .
Hudson
Rigaud
$2.50
3.50
6.00
8.25
10.25
$3.00
4.20
7.20
9.90
12.30
50-20%
70-20%
20-20%
65-20%
05-20%
$3.50
4.90
8.40
11.55
14.35
$.50-17%
.70-17%
1.20-17%
1.65-17%
2.05-17%
$1.00-40%
1.40-40%
2.40-40%
3.30^10%
4.10-40%
40-Trip Commutation — General Public
Dorval
Pointe Claire
Vaudreuil. . . .
Hudson
Rigaud
Note A
4.25
5.95
10.20
14.00
17.40
9.20
12.85
22.05
30.20
37.60
4.95-116%
6.90-116%
11.85-116%
16.20-116%
20.20-116%
12.60
17.65
30.25
41.60
51.70
3.40-37% |
4.80-37%
8.20-37%
11.40-37%
14.10-37%
8.35-196%
11.70-197%
20.05-197%
27.60-197%
34.30-197%
40-Trip Commutation — Scholars
Dorval
Pointe Claire
Vaudreuil. . . .
Hudson
Rigaud
$3.00
3.00
4.10
5.60
6.95
$5.40
5.40
7.35
10.05
12.50
40-80%
40-80%
25-79%
45-79%
55-80%
$7.20
7.20
9.80
13.50
16.75
1.80-33%
1.80-33%
2.45-33%
3.45-34%
4.25-34%
$4.20-140%
4.20-140%
5.70-139%
7.90-141%
9.80-141%
Note A— 50-trip ticket.
The cumulative increase on the commutation fares for 40-trip tickets since
1949, including the proposed increases, would be approximately 197 per cent.
This compares with 10 per cent on the standard one-way mileage fare and
24 per cent to 37 per cent on the one-way coach fare. It may also be pointed
out that the general percentage increase in normal freight rates since April 6,
1948, when such increases commenced to accumulate, was 157 per cent (now
reduced to 142 per cent by subsidy paid by the Government of Canada).
Some other comparisons may also be made. In Exhibit No. 3 a com-
parison was made of the revenues and yield per mile of the various kinds of
480
tickets sold in the Montreal-Rigaud commutation area, showing the esti-
mated revenues in 1954, the anticipated revenues based on an 100 per cent
increase for 1954, and the actual 1958 revenues after the increase of 100 per
cent became effective, as follows:
STATEMENT SHOWING WHAT HAS HAPPENED TO COMMUTATION REVENUES
SINCE FARES WERE PROGRESSIVELY INCREASED TO 100% OF WHAT THEY WERE
IN 1954
50% increase effective Mar. 25, 1955
to 75% increase effective May 1, 1956
to 100% increase effective May 1, 1957
1954 Estimated
Revenues as
per statement
filed with
the Board
— November 15,
1954
Yield
per
Mile
Estimate of
Revenues
submitted to
the Board in
1954— based
on Sched. B.
or 100% Inc.
Yield
per Mile
May 1, 1957
Actual
1958
Revenues
Commutation Tickets
10-Trip
20-Trip
40-Trip Scholars 1
40-Trip General Public
50-Trip General Public
$ 25,797
26,892
10,740
351,930
12,486
3.00^
2.07£
0.51^
1.15*
1.02^
$ 25,797
38,289
20, 140
683,690
24,643
3.00^
2.90«i
.77^
2.30^
2.04^
$ 114,531
18,398
23,092
551,305
4,352
Gate Collections
427,845
o,6\)6
14,259
49,704
792,559
6,6\)6
14,259 3
49,704 3
711,678
K A.QQ
55,224
127,455
Conductors' Collections
Sub-Total
67,356
67,356
188,178
859,915
899,856
Other Fares
One-Way Coach
Return
Miscellaneous
495,201
3.5 i
3.15 i
2.625^
Effective
Sept. 1/57
3.675
3.3075
2.757
74,160
68,124
48,873
13,872
74,160
68,124
48,873
13,872
68,577
58,626
30,204
15,981
Total
205,029
205,029
173,388
$ 700,230
$1,064,944
$1,073,244
Notes: —
1 See line 3 above — 40-Trip Scholars— The 100% proposed increase was not applied beyond 50%
so as to lighten the total cost of travel for families.
2 Minimum cash fare at Westmount and Montreal West was 10^ per trip prior to Apr. 1, 1954 and
15f after that date.
3 Minimum cash fare at Westmount and Montreal West was increased from 15^ to 25 fi effective
September 1, 1956.
Comparisons from Exhibit 6 may also be made of the average revenue per
passenger mile:
System Revenue Montreal-Rigaud Service
Year per passenger mile per passenger mile (*)
(cents) (cents)
1949 2.72 .92
1954 2.82 1.25
1958 3.08 2.36
1959 Proposed 3.38
* Exclusive of gate collections at Westmount and Montreal West.
The above figures show that while in past years the commutation receipts
have invariably been lower per passenger mile than the all-system average
the railways now propose to make them approximately 10 per cent higher.
481
Other pertinent considerations appear from Exhibit No. 3; such as the fact
that the sale of 10-trip tickets from 1954 to 1958 has increased from an
estimated $25,797 to an actual of $114,531, whereas estimated sale of 40-trip
tickets for adults has been reduced from $683,690 to actual $551,305. There
was also a decrease of about $20,000 in the purchase of 20-trip tickets, and
about another $20,000 decrease in 50-trip tickets. This indicates that the
commuting public have switched from purchasing 20-trip, 40-trip and 50-trip
tickets to a considerable extent to 10-trip tickets. The switch from 40-trip
to 10-trip tickets was explained by a witness for the Canadian Pacific as due,
in his opinion, principally to the consideration that the commuters felt it more
convenient to pay their fares weekly rather than monthly, even though
it cost more per trip for the 10-trip than for the 40-trip ticket. This is, in
reality, tantamount to saying that with the 116 per cent increase in commuter
fares, many passengers will not lay out the considerable sum needed to buy
a 40-trip ticket. There are also great increases in the gate collections at
Montreal West, from an estimated $14,259 in 1954 to an actual $55,224 in 1958;
and in conductors' cash collections from an estimated $49,704 in 1954 to actual
$127,455 in 1958. (The conductors' cash collections are presumably mostly
beyond Montreal West). These increases would appear also to indicate that
some passengers are not laying out money to buy 10-trip tickets but are buying
single tickets in the commutation area, despite the lower cost per trip of com-
mutation tickets.
As the relative number of passengers could not be ascertained from
Exhibits 3 and 6, the Board called for information to show the number of
passengers at the two relative periods, with the result that the Canadian
Pacific filed Exhibit No. 8 (which is partly an estimate, as shown) as follows:
REVENUE-PASSENGERS CARRIED
MONTREAL- VAUDREUIL-RIGAUD SUBURBAN SERVICE
Increase or
Year Year (Decrease)
1954 1958 Number
Westmount and Montreal West —
128,990
240,365
120,375
672,330
298,610
(373,720)
801,320
547,975
(253,345)
Beyond Montreal West —
1,877,790
1,848,830
( 28,960)
Regular and other tickets*
410,058
315,251
( 94,807)
99,408
231,736
132,328
2,387,256
2,395,817
8,561
* Calculated on basis of revenues and fare for average distance (14 miles) travelled by commuters.
The above statistics show that there has been a large decrease in the
number of commuters using the Montreal-Westmount-Montreal West trains,
due no doubt largely to the increase in the minimum fare to 25 cents, compared
with the bus fare of 15 cents. It is also shown that in 4 years there has been
an increase of only four-tenths of one per cent in the total number of passengers
carried in the commutation area beyond Montreal West to and including Rigaud.
This is surprising in view of the known increase in population in the com-
mutation area and the discontinuance of the Canadian National commutation
service in the Montreal-Vaudreuil area in 1955, which was expected to add a
considerable number of commuters to the C.P.R. service. Exhibit 8 therefore
indicates that a considerable number of potential train commuters are travelling
by bus or private auto, rather than pay the increased fares.
77649-2—3
482
One further comment should be made with regard to the proposed
increases: the railways propose to make a 17 per cent increase in the cost of
10-trip tickets, whereas they propose to make an increase of 37 per cent in the
cost of 40- trip tickets; this disparity would tend to further discourage the use
of 40-trip tickets.
EXPENSES OF CANADIAN PACIFIC'S MONTREAL- RIG AUD
SUBURBAN SERVICES
Early in April of this year, pursuant to direction in our Order No. 97316,
Canadian Pacific filed Statement No. 1 and Statement No. 2 showing expenses
of their Montreal-Rigaud suburban service as $1,360,879 for the year 1958, and
$1,313,150 for the "constructive year 1959", respectively. The expenses shown
for the constructive year 1959 are based on the 1958 operations and reflect
for a full year the level of wage rates known or expected to be in effect at
the end of 1959, revision of depreciation rates for road diesel locomotives and
passenger cars, the estimated reduction in expenses due to proposed changes in
suburban train service and the discontinuance of the use of Glen Extension for
servicing suburban coaches, and an adjustment of the cost of carrying Canadian
Pacific officers and employees.
The expenses in those statements were calculated by the railway on what
was described by railway witnesses as the avoidable expenses basis, i.e., the
calculation of only those expenses that would be avoided if the services were
not provided.
Subsequently, Statement No. 1 (Revised) and Statement No. 2 (Revised)
were filed by Canadian Pacific and received in evidence at the hearing at
Montreal. They show little change from the previous statements in total
expenses but considerable changes in individual items.
The expenses shown in Statement No. 1 and Statement No. 1 (Revised) for
1958 are as follows:
Statement
Statement No. 1
No. 1 (Revised)
Expenses
Wages of train and engine crews $ 272,976 $ 272,976
Fuel and water 187,146 187,146
Enginehouse expenses, lubricants and other supplies 29,381 29,381
Train supplies and expenses 125,673 196,288
Terminal switching expenses 104,381 39,140
Train despatching, station employees and station expenses 38,503 38,503
Cost of printing tickets 1 , 176 1 , 176
Repairs and maintenance — Locomotives 62,971 62,994
—Passenger cars 1 60 , 620 1 60 , 620
—Track... 22,740 22,740
—Stations 2,363 2,363
Depreciation — Locomotives 39,348 36,461
—Passenger cars 114,300- 1 14 , 300
—Track 11,976 11,976
—Structures 9,960 9,960
Other transportation and maintenance expenses 25,059 25,139
$ 1,208,573 $ 1,211,163
Cost of money (exclusive of income tax) 201 , 600 199, 180
$ 1,410,173 $ 1,410,343
Deduct: Cost of carrying pass-holders 49,294 49,494
Total expenses $ 1,360,879 % 1,360,849
483
A similar comparison of expenses shown in Canadian Pacific's Statement
No. 2 and Statement No. 2 (Revised) for the constructive year 1959 is shown
below:
Statement No. 2
Statement No. 2 (Revised)
Expenses
Estimated expenses— 1958 $1,410,173 $1,410,343
Add: Estimated increase in expenses due to Wage rates. $39,522 $39,155
Depreciation rates 11,963 51,485 11,963 51,118
1,461,658 1,461,461
Less: Estimated reduction in expenses due to proposed
changes in train service 93 , 032 93 , 032
Discontinuing the use of Glen Extension for servic-
ing suburban coaches 31,909 31,909
One-half the cost of carrying CP. officers and
employees 23,567 148,508 23,555 148,496
Total expenses $1,313,150 $1,312,965
Considerable evidence was given at the Montreal hearing respecting the
above expenses, including the increases in wages and labour expenses since
the last increase in commutation fares in May, 1957. Canadian Pacific witnesses
gave details of the expenses and the manner in which they were calculated and
the reasons for the differences between the figures in Statements Nos. 1 and 2
and Nos. 1 and 2 (Revised).
An item that shows a considerable decrease is Terminal Switching
Expenses, reduced by about $65,000 from $104,381 in Statement No. 1 to
$39,140 in Statement No. 1 (Revised). The explanation given was that the
former figure is an estimate and the revised figure is based on a time study
of switching movements, during which a transportation clerk rode trains,
and of the actual movement time.
One item that shows a large increase is Train Supplies and Expenses,
increased by about $71,000 from $125,673 in Statement No. 1 to $196,288 in
Statement No. 1 (Revised). The explanation given was that the figure for
cleaning cars, part of that item, in Statement No. 1 was an estimate, whereas
the figure in Statement No. 1 (Revised) is based on an actual time study
made in the latter part of April and in May, 1959, of cleaning work that was
performed during the period of the study under the direct supervision of the
Chief Car Foreman at Glen Yard and the Divisional Master Mechanic.
Ordinarily such work is not done under direct supervision of officers so senior.
We have considered the expenses shown by Canadian Pacific and the
evidence given respecting them, have compared them with Canadian National's
figures for its suburban services, and have had the benefit of consultation
with our own officers who have a substantial background of experience in
those services and personally enquired into the expenses and services, and we
have thought it proper for rate-making purposes on this occasion to make
certain adjustments in Canadian Pacific's expense and revenue figures in the
revised statements, as indicated hereinafter.
In doing this we are acting in accordance with what the Board stated in
its commutation Judgment dated February 18, 1955, namely, that in the dis-
charge of its administrative functions pertaining to just and reasonable
allowances covering out-of-pocket costs it should be at liberty to give due
consideration not only to the principle of making deductions from the out-of-
pocket costs actually claimed by the railways but also to the principle of making
additions thereto where in the judgment of the Board the individual circum-
stances so warrant.
77649-2— 3£
484
Out-of-pocket cost is a question of fact, and in respect of questions of fact
the Supreme Court of Canada stated in C.N.R. v. Bell Telephone Company,
50 C.R.T.C., 10, that in deciding upon questions of fact the Board must inevitably
draw upon its experience in respect of the matters in the vast number of cases
that come before it as well as upon the experience of its technical advisers.
Although we have made adjustments in some items there are others that in
our judgment do not need adjustment.
Use of four 31-day months:
Estimates for the year 1958 were in many instances based on four 31-day
months, namely, March, May, July and October, and the total for these months
was multiplied by three to reflect a full year. For the items of expense (and
revenues) which vary with the number of days in a month this would reflect
a year of 372 days. While this overstatement of seven days could have been
offset by other features such as the seasonal characteristics of the four selected
months, we do not consider that to have been the case. We feel that in certain
instances the 1958 estimates reflected 53 weeks instead of 52 weeks and that
the expenses (and likewise the revenues) were overstated. We are, therefore,
making a reduction of 2 per cent, which approximates an adjustment from
53 weeks to 52 weeks, where the expense (and revenue) items tend to vary
with the number of days in the month.
The expense items to which the 2 per cent reduction has been applied
are wages of train and engine crews, fuel and water expense, enginehouse
expenses (material), train supplies and expense (material), locomotive repairs
(material), maintenance of track and depreciation of track; the reduction in
respect of these items is offset in part by a reduction in respect of "other fares"
to similarly adjust the revenues.
Fuel and water expense — $187,146
The cost of coal was calculated by Canadian Pacific by multiplying the
monthly tons consumed, as reported by enginemen on their trip tickets, by the
average price per ton on the Quebec District for the month concerned. Similar
calculations were made to determine the expenses of diesel fuel. The totals
for the four selected months were multiplied by three to give a total annual
fuel expense of $180,036.
The cost of water was calculated at $7,110 by using the 1956 ratio of water
expense to steam locomotive fuel expense on the Quebec District.
We feel that the coal consumption estimates based on trip tickets over-
state actual consumption. The water estimate is directly related to the coal
estimate. We consider that the total cost of coal and water should be reduced
by 10 per cent.
Enginehouse expenses, lubricants and other supplies — $29,381
In our examination of the operations for Vaudreuil and Rigaud we found
that the labour expense was reduced during the summer in respect of two charge
men and one engine watchman-car cleaner. This reduction was not wholly
associated with enginehouse expenses but we consider that the reduced labour
expense approximates the salaries of two charge men for six months or one
charge man for a year and we have reduced the item accordingly.
Train supplies and expense — $196,288
Mention has already been made of the considerable increase in the amount
of this item in Statement No. 1 (Revised) over the amount in Statement No. 1,
This category of expense includes (a) cleaning cars, $170,355; (b) heating
cars, $9,992; (c) lighting cars, $11,759; (d) icing and watering cars, $549; and
(e) lubricating cars and other expenses, $3,633.
485
We have compared the Canadian Pacific estimate of cleaning cost per car
per annum in suburban service in 1958 ($3,276) with its 1954 estimate ($1,120),
with the Canadian National 1954 estimate ($1,419), with the Canadian Pacific's
1958 system average for passenger cars ($1,051) including head-end cars, and
with the Canadian National estimate for 1958 in suburban service ($1,822)
based on a time study.
It is our view that Canadian Pacific's estimate of $170,355 for cleaning cars
is too high. That estimate would be more accurate if the day in and day out
cleaning was always done as it was done during the time study and under
similar supervision, but the condition of suburban equipment at Vaudreuil
and Rigaud, as observed by our investigating officers, and our enquiries regard-
ing car cleaning, and the above comparisons, lead us to believe that this expense
item is overestimated and we consider that $2,000 per car per annum is fair
allowance for the expense of car cleaning in the Montreal-Vaudreuil-Rigaud
suburban service. The annual total for 52 cars on that basis is $104,000.
Train despatching, station employees and station expenses — $38,503
The estimate for train despatching was $6,899, representing the wages of
one despatcher at Smith's Falls.
In the reorganization that took place earlier this year a position of train
despatcher involved in handling the suburban territory Rigaud and Vaudreuil
was abolished and the work re-organized without any increase in personnel.
We have therefore reduced the Company's estimate by the amount of the wages
of one despatcher at Smith's Falls.
Locomotive repairs — $62,994
Diesel switcher repairs material in the amount of $5,766 was based on yard
switching hours converted to miles. We are making a reduction of 60 per cent
in line with the reduction in terminal switching expenses in Statement No. 1
(Revised).
Cost of carrying pass-holders — $49,494
The contentious issue of the cost of carrying pass-holders and railway
employees was the subject of lengthy argument during the 1954 hearing. At
that time Counsel for the municipalities submitted that the railways should
credit their revenues with assumed revenue from pass-holder traffic as if pass-
holders paid full commutation fares. The railways, on the other hand, sub-
mitted that in calculating out-of-pocket costs and revenues they should deduct
from expenses the cost of operating extra cars for carriage of pass-holders,
including expenses for repairs, depreciation, maintenance of track, other trans-
portation and maintenance expenses and the cost of money for the extra cars,
but should not credit assumed revenue from pass-holders. The Board com-
mented on those submissions in its commutation Judgment dated March 29,
1956, but found it unnecessary to determine the merits of using one or other
of those methods because after calculating the effect of applying each method
and giving consideration to all other items of revenues and expenses it was
the Board's opinion that under the proposed rates the railways could not be
expected to earn revenues in excess, of the out-of-pocket cost properly charge-
able to commutation service.
Under the provisions of section 350 of the Railway Act railway companies
may carry their own employees free or at reduced rates, but the carriage of
traffic under that section may be extended, restricted, limited or qualified by
the Board.
486
In the commutation services concerned the railways departed earlier this
year from their custom of giving free transportation to railway employees,
for each of them now charges its own employees 50 per cent of full com-
mutation fares and charges employees of other railways full commutation
fares. In its revenue and expense statements in this case Canadian Pacific
charged one-half of the cost of carrying its own employees as expenses of the
suburban services and credited the services with the actual revenues received
from the employees.
We assume that down the years the railways have considered that
voluntarily carrying railway employees free or at reduced rates was of benefit
to the railways in their employer-employee relations. Whatever that benefit
may be, nothing in respect of it has been credited by the railways in their
revenue figures in the present case.
If out-of-pocket expenses were to be reduced by an amount equal to half
the cost of carrying Canadian Pacific's officers and employees on the Montreal-
Rigaud suburban service, with revenues reflecting the half fares actually
received, we consider that we should calculate on the basis that 6.5 cars are
required for those persons, instead of the 5 cars estimated by Canadian Pacific,
because about 12 per cent of inbound carryings to Montreal and 13 per cent
of outbound carryings from Montreal were pass-holders i.e., Canadian Pacific's
officers and employees. However, in this instance we are following the same
procedure as in the Judgment of August 4, 1954, making no adjustment to the
out-of-pocket expenses but calculating revenues as though the officers and
employees had paid the full commutation fares.
Cost of money— $199,180
An amount for cost of money was included by the railways as an expense
in their 1954 application and was discussed during the hearings of that applica-
tion. In this case Canadian Pacific included as an out-of-pocket or avoidable
expense of the year 1958 an item of $199,180 for cost of money. It was explained
that this resulted from applying a rate of 6.5 per cent which Canadian Pacific
alleged is the long term cost of money to the Canadian Pacific railway enter-
prise, to half the book value of locomotives and passenger cars used in sub-
urban service and to half the cost of the proportion of Glen Yard Extension
used in that service. This latter item was eliminated in the statement for the
constructive year 1959 which, together with other adjustments, reduced the
amount to $172,457. The book values of the locomotives and cars used in the
1958 estimate were as follows:
5 steam locomotives in road service •$ 734,486
1 diesel locomotive in road service 216,660
1 steam locomotive in yard service 19,481
40 suburban coaches, less 5 per cent of book value for week-end service 3,431,843
7 standard steel coaches 268, 121
4 rail diesel cars 782,630
$5,453,221
In the Board's view some allowance for the cost of money expended in
the purchase of equipment used in the commuter service can properly be
included as an out-of-pocket or avoidable expense of operating that service.
We do not accept 6.5 per cent as a reasonable rate to use in this connection
but, having regard to the cost of the equipment actually used in this service
and the extent to which it has been depreciated in the company's records,
we do not believe that the amount charged in the present case is excessive.
487
Total expenses allowed
The reductions and adjustments that we have made of out-of-pocket costs,
together with our disposition of the matter of carrying Canadian Pacific's
officers and employees and allowing for Canadian Pacific's estimated reduction
in expenses for the constructive year 1959, reduce the expenses for our present
rate-making purposes to approximately $1,242,000. The assumed additional
revenues from Canadian Pacific's officers and employees on a full commutation
fare basis is dealt with elsewhere herein.
REVENUE, REVENUE DEFICIENCY AND RATE INCREASES
Canadian Pacific's Statement No. 1 (Revised) shows actual revenues of
its Montreal-Rigaud suburban service for 1958 in the amount of $1,073,244, as
follows:
Revenues
Commutation Fares: 10-trip $114,531
20-trip 18,398
40-trip (public) 551,305
40-trip (scholars) 23,092
50-trip 4,352
$ 711,678
Other Fares: One-way 68,577
Return 58,626
Week-end 30,204
Miscellaneous 15,981
Conductors' cash collections 127,455
Gate collections —
Westmount 5,499
Montreal West 55,224
361,506
$1,073,244
Changes made in May 1959 in week-end fares will produce about $2,000
additional revenue per year, and if those changes had been in effect in 1958
the revenue for that year would have shown a corresponding increase.
Canadian Pacific considered that some attrition in the number of pas-
sengers carried might take place if its proposed new fares became effective,
but anticipated a higher revenue from the total traffic.
As already stated we have estimated that out-of-pocket expenses of the
Montreal-Rigaud suburban service for the constructive year at $1,242,000.
Revenues of that service for 1958 were $1,073,244. For rate-making purposes
we have made a downward adjustment in this revenue estimate due to the use
of four 31 -day months, and we have made an upward adjustment to reflect
changes in week-end fares and full commutation fares for railway employees,
making total revenues of $1,182,000 at present fares for the constructive year
1959, on 1958 level of carryings. On the basis of those expenses and revenues
there would be a deficiency of approximately $60,000 in the revenues needed
to break even with out-of-pocket expenses. We are permitting rate increases
related to that deficiency. If in calculating the deficiency we had adopted the
railways' proposal and charged as expenses one-half of the cost of carrying
Canadian Pacific's officers and employees and credited to revenues the fares
actually paid by them, the deficiency would be considerably higher on the
basis of using either 5 cars or 6.5 cars for such persons.
The calculations of total revenues, expenses and deficiency that we have
made are reasonably approximate but not intended to be precise, for precision
in such calculations is impracticable in the circumstances.
488
We consider that over a reasonable period the increased fares being
permitted will afford Canadian Pacific an opportunity to recoup its out-of-
pocket costs of its suburban services. As already indicated, Canadian Pacific's
Montreal-Rigaud suburban service is regarded as a typical service for fixing of
commutation rates generally, and the rates we are allowing for that service will
also be allowed for commutation services elsewhere.
We have mentioned objections made to us against the increases. The extent
to which we have given effect to some of those objections is apparent from what
we have already stated, for we made reductions where we thought it proper
to do so in the amounts claimed by Canadian Pacific as out-of-pocket expenses,
we credited revenues with the amount that railway employees would pay on a
full commuter fare basis; and as appears from the fares we are allowing, the
charge for 40-trip commutation tickets per mile will be well below coach and
first-class rates.
We will not allow the railways to discontinue return coach class fares on
the suburban services while continuing them on other trains throughout
Canada, for we consider that a passenger should not be charged more for a
coach class return trip on the suburban services than for a similar trip on
other passenger trains.
As to the objection that fares for longer distances do not have a taper,
we repeat what the Board said in that respect in its commutation Judgment
dated August 4, 1954, that the benefit of a taper would be felt by those who
travel the longer distances and the burden by those who travel the shorter
distances.
The suggestion for a taper is based, no doubt, upon the fact that in freight
rates a tapering effect is produced by adding terminal costs to a line-haul
rate, which may either be constant per mile or itself decline at various mileages.
A similar taper is produced in freight rates by deliberately reducing rates to
or from distant points so that a wider market is obtained. The same principle
could presumably be adopted in passenger fares — in fact it exists to some extent
when the average rate per mile of one-way coach travel between Montreal and
Ottawa of 3.7 cents is compared with the average rate of 3.3 cents per mile
between Montreal and Vancouver, but that taper is largely caused by com-
petitive conditions in the Vancouver fare.
In the case of commuter fares, however, where the fares are related to
out-of-pocket costs, any reduction in the rate of taper for longer distances
would inevitably mean a relative increase in the fares for shorter distances,
otherwise the necessary overall revenue would not be secured.
As to the objection that demands of railway labour are immoderate, it is
not this Board's function to fix or determine wage rates of railway employees.
We believe that the Board has a duty to disallow, for rate-making purposes,
expenses that in the Board's opinion, are unreasonable, unnecessary or
extravagant, but we do not find that situation here where the labour expenses
flow from wage agreements negotiated by normal processes of collective
bargaining.
As to the alleged inefficiency of the railways, we feel that we can properly
make the same observations respecting Canadian railways as were recently
made by the Interstate Commerce Commission respecting United States rail-
ways in its report previously referred to, as follows:
"The evidence supports the general conclusion that many railroads
by upgrading and replacing equipment, by experimenting with new
types of equipment, and by other means have conscientiously endeavored
to improve their standards of service. It is also fair to conclude that
railroads generally have not discontinued trains without serious efforts —
sometimes prolonged — to make them pay and only after sympathetic
consideration of public convenience. The officials and employees of the
489
railroads have a traditional pride in their long record as passenger
carriers, and there is little reason to believe that profitable passenger
operations have been discontinued. None the less, the record and our
correspondence clearly disclose that many avenues toward improving
the attractiveness of railroad passenger service remain unexplored. The
aggressive service policies of competitors for the travel market in a day
of rapid technological and marketing innovations must, at least, be
counterbalanced with equally progressive railroad policies."
As to the objection that fare increases will be unduly detrimental to the
suburban communities, we do not think that the increases we are allowing
will have that effect. The very existence of the train services is an advantage
to those communities and it is in their interest to have the services continue
even with moderately increased fares. It is also in the interest of urban centres,
Montreal and Toronto particularly, and of highway authorities, to have them
continue. Without these services there would be great demands on all the
localities concerned, not the least of which would be a need for highways and
parking facilities to take care of the increase in motor vehicle traffic that
would result from discontinuance of the train services.
It is not disputed that railway passenger services as a whole and certain
passenger services in particular are being operated at a loss. That loss is a
burden on freight payers. We do not think that the fact that such loss occurs
is a valid reason for compelling the railways to provide fares for commutation
services, which are principally in the Toronto and Montreal areas, at less than
out-of-pocket cost. The movement in those areas is a mass transportation
service and differs from general passenger services in other respects also; and
the fare per mile that we are allowing the railways to charge for commutation
services is appreciably less than the fare per mile for coach and first-class
fares in general passenger service.
CANADIAN NATIONAL RAILWAYS' COMMUTATION SERVICES
The Canadian National now operates several commuter services in the
Montreal area. The principal one is known as the "Tunnel service". Another
is the Montreal-Lachine-Dorval service, a small temporary operation for the
purpose of providing some service to the public pending relocation of the
Canadian National's main line by removal from that area to a northerly
location near the Canadian Pacific's line between Dorval and Montreal West.
Counsel for Canadian National asked that the Board authorize discontinuance
of this service on August 1, 1959, in view of serious losses incurred in providing
the service. That application will be determined in a separate judgment.
Other minor commuter services are rendered in the area east and south of
Montreal.
There is another commuter service in the Quebec area.
One other important service is in the Toronto-Oakville area, with services
of lesser importance in the Hamilton, Ottawa and Windsor areas.
It is proposed to apply the same basis of increased fares within all areas.
As to the basis for the requested increase, Mr. Macdougall, for Canadian
National, submitted that:
"I suggest that my company's position is that in respect of our
commutation service the Board should look at our tunnel operation as
the most representative of those services. It is the largest commuter
operation in Canada and I think it is a fairly representative basis upon
which the Board can approve rates for general use upon our system for
commutation purposes." (Transcript, p. 2175, vol. 1039).
490
The basis of increased fares proposed by the Canadian National is, however,
the same as that proposed by the Canadian Pacific on the Montreal-Rigaud line,
despite what differences there may be in the respective costs of operation of
these two lines on an out-of-pocket basis.
Exhibit No. 23 filed by Canadian National shows the estimated yearly
revenue on the "tunnel" line as $1,294,225, with operating expenses of
$1,497,548. Additional charges for fixed charges on equipment, interest and
depreciation, and fixed charges on facilities required exclusively for suburban
operations, bring the total expenses, as submitted, to $1,778,944, or a deficiency
of $484,719. The proposed increases are estimated to yield $458,500, with
total revenues of $1,743,621 (Exhibit No. 22).
Some items of expense, however, require comment: for example, passenger
car repairs are stated at $401,985 compared with Canadian Pacific's amount
of $160,620 for the Montreal-Rigaud service. The large amount for Canadian
National costs is due to more cars and also presumably to the fact that part
of the equipment is old and needs constant repairs; apparently provision of
new equipment would cut down this amount materially. Similarly, Canadian
National maintenance of way and structures is shown as $124,825, versus
Canadian Pacific's amount of $25,103 for greater mileage. The explanation
for this difference is that a large portion of the Canadian National expense is
due to the fact that practically the whole cost of maintaining the tunnel line
is chargeable to the suburban service because it represents the bulk of the
service that exists on this line.
This tunnel operation also differs from the Canadian Pacific's operation in
the respect that its patronage is constantly growing. While there was some
drop in traffic after the 1954 increase in fares, the carryings are now approxi-
mately 8,000 passengers per day compared to 6,500 per day some four years
ago, and the traffic will undoubtedly increase with the erection of several
large office buildings now being constructed in the tunnel area in Montreal.
In that connection Counsel and witnesses for Canadian National stated that
the company has made, and is now making, extensive studies of the possibilities
of bringing the out-of-pocket costs and revenues together. For example,
economies have been made in the train service by reducing the number of
trains where some of them were carrying light loads. A ticket-collecting
system was also installed in Montreal Central Station and at Mount Royal,
thus eliminating some assistant conductors who were collecting tickets on
trains. Cleaning costs of equipment have also been reduced. Diesel power
has been substituted for electric power north of the tunnel, resulting in
further savings. Changes have also been made in the interior seating arrange-
ment of the coaches, resulting in better use. On the other hand, the Canadian
National has this year increased the number of trains between Montreal and
St. Eustache in the former off-peak periods, in the expectation that more
travel could be induced in such periods, due to an increase in the business
population that is being brought into the centre of the city. This new service
was created at an additional wage cost of $30,000 per annum. The results
however are not yet determined.
A further long range arrangement under study is to institute a new
zoning scheme for fares and thus reduce the labour of ticket collection to a
minimum.
The hearing at Toronto was in respect mainly of Canadian National's
Toronto-Oakville service. Witnesses for Canadian National gave evidence. Mr.
Donald B. Garfat appeared for the Oakville Commuters' Association and sup-
ported, with some reservation, the brief filed by the Association. Counsel for
491
Canadian National referred to studies made to determine whether additional
commutation services can be provided in the Toronto area. He stated that a
solution has not been found but that the matter is again under active study by
the Metropolitan Planning Board and Canadian National.
It is not considered practicable to have several different bases of fares
for commutation service in the Toronto and Montreal areas. The railways
propose the same basis of fares throughout Canada, despite differences in cost
estimates of providing the services in the various areas. We are following the
Board's practice in that respect, for on the whole we consider that adopting as
heretofore the Canadian Pacific's Montreal-Rigaud service as the yardstick
for commuter fares is reasonable, and that the Canadian National fares should
conform to that basis.
THE INCREASES PERMITTED
We consider that the rule set forth in the Board's commutation Judgment
dated August 4, 1954, that
.... "a railway is entitled to charge commutation rates at a level
that will return at least the railway's reasonable and actual out-of-
pocket cost of furnishing the commutation service concerned and that
the railway should not be required by this Board to provide or continue
to provide commutation services which will not meet that cost"
is a proper rule to apply in the present instance and circumstances. We also
consider that the increases we are allowing will not result in rates unjust or
unreasonable for the persons who need or use the services. Accordingly we
disallow the tariffs suspended by Order No. 97316 and in lieu thereof hereby
authorize the following adjustment in existing commutation fares:
Increase by 10 per cent the existing fares for 40-trip tickets, both for
the general public and for scholars; fractional fares resulting from such
increases to be disposed of in accordance with Section 330 (3) of the
Railway Act;
Fares for 20-trip and 50-trip tickets may be cancelled;
No increase to be made in fares for 10-trip tickets;
No change to be made in the time limits of commutation tickets.
The foregoing increases are calculated upon the following revenues shown
in Exhibit No. 3:
40-trip general public $551,305
50-trip general public transferred to 40-trip 4,352
40-trip scholars 23,092
Revenue from pass-holders added, due to cancella-
tion of pass privileges in March, 1959 and
assumed to be 40-trip tickets 62,000
$640,749
With a revenue deficiency of $60,000, the theoretical increase required
would be about 9.4 per cent, but considering the attrition which will undoubtedly
occur initially due to these increased fares, we consider that a 10 per cent
increase is necessary to meet the net deficiency.
492
It will be noted that no increase is permitted on 10-trip tickets, which
is for several reasons, viz: the 10-trip fares between Montreal- Westmount and
Montreal West have in previous cases been increased more than the usual
percentage to the full maximum fare of 25 cents per trip; the present rate
base outside the Montreal-Montreal West area is 3 cents per mile for a 10-trip
ticket, which is within one-half cent per mile of the round-trip coach fare
for a single ticket; and the basis of 3 cents per mile is approximately the same
as the Canadian Pacific system average of 3.08 cents per mile. With these
considerations and comparisons, we consider that it would be unreasonable
at the present time to increase the 10-trip fares.
While any increase in commutation fares will bring with it some burden
to those paying the fares, we consider that the increases we are permitting
are reasonable in the circumstances on the bare out-of-pocket cost basis.
We do not now say that this Judgment will remove commutation fares from
the field of controversy, for railway expenses and carryings are not constant,
and the degree to which the services will be put on a more nearly compensatory
basis can only be determined by experience; but we believe that the increases,
coupled with the co-operation of commuters and intensified efforts by the
railways and their employees to operate the services with efficiency and
without unnecessary expense, will give the railways an opportunity to break
even in revenues and expenses in the services concerned.
The increased fares should be given a fair trial for a reasonable period and
during that period the parties directly affected should in their own best
interest co-operate to ensure operation of such suburban train services as are
needed by the communities, urban and suburban, with revenues to the railways
sufficient to meet at least bare out-of-pocket costs of the services and at fares
that are reasonable and within the ability to pay of those who need the
services.
New tariffs to bring into effect the permitted adjustments in fares may
be filed to be effective not earlier than January 1, 1960.
An Order will be issued accordingly.
ROD. KERR
L. J. KNOWLES.
Dated November 6, 1959.
493
In the matter of increased commutation fares filed with the Board to become
effective March 15, 1959, which were suspended by Order No. 97316,
dated March 9, 1959.
Sylvestre, D.C.C. (dissenting)
My colleagues, in this case, have decided to approve an increase in fares;
I cannot subscribe to it.
I think it is recognized that in principle a public utility should not be
required to operate at a loss. This principle, however, does not necessarily
apply in all cases of public utilities. A public utility is defined in the Canadian
Encyclopedic Digest, volume 9, as "anything supplied for public consumption
or service rendered for the public maintenance for the best standard of living
under modern conditions of civilized society. This would include ....
(/) transportation and all incidents thereof". Webster defines public utility as
"a business organization performing some public service and hence subject
to special governmental regulation such as fixing of rates required of incidental
facilities etc."
In my view, the commuter service is a public utility and as such is for
the benefit and convenience of the public and I consider it necessary for the
maintenance of the standard of living under modern conditions of the present
users of this service.
By statute, the railway companies are required to furnish adequate and
suitable accommodation for the carrying of traffic which includes passengers.
The accommodation provision does not make the obligation of the railway
conditional upon a rate which would compensate for the expense incurred in
giving such a service. I think that the function of this Board with respect to
rates is to prescribe or approve just and reasonable rates.
I am of the opinion that any increase in commuters fares would cause a
serious financial embarrassment to the regular patrons. The trend is now to
establish residence outside the limits of large centres for reasons readily
understood. People wish to avoid heavily populated sections and live where
they may enjoy fresh air; where living conditions are less crowded and on the
whole, more comfortable. They generally prepare a budget comprising the
cost of a residence bought on monthly payments; the cost of transport for all
members of the family, and things run pretty smoothly providing costs remain
stable. In 1955, an increase of 100 per cent was granted and another increase
of 37 per cent is now requested though not fully granted but it can be stated
without hesitation that his budget will be considerably affected and the prime
reason why he established himself in a suburb would disappear if the service
is offered at a rate he cannot afford to pay.
It has been established that railway companies do not meet their out-of-
pocket expenses on regular passenger trains and the deficit runs into millions
of dollars and yet no increase has been mentioned. Why then a different
treatment between two classes of travelers, both services being essential?
Would there be an element of discrimination? I put the question.
Applications reach this Board for discontinuance of passenger train
services on certain lines. In every such application the issue resolves itself
into a question of whether the loss and inconvenience to the public consequent
upon the abandonment of the service outweighs the burden that continued
operation of the service involved would impose upon the railway company.
In such cases, notwithstanding the loss to the railway company, if the Board
finds that the inconvenience to the public outweighs the burden of continued
operation of the passenger service involved would impose upon the railway
company, the application is denied.
494
For regular commuters, this service is of prime importance and of general
public interest for it must be considered that every morning approximately
15,000 commuters enter the city of Montreal and return in the evening.
Mr. G. C. Campbell, an economist in the employ of the Canadian National
Railways, has published a very interesting article on this subject, which
appeared at pages 32 and 33 of the July 1959 edition of a pamphlet entitled
"Canadian Transportation". His conclusions are worthy of note and I quote
textually: "I predict that if a way could be found for the railways and
metropolitan authorities to work together co-operatively in the planning,
operation and financial support of comprehensive commuter service the benefit
to the entire area would be so great that were I to estimate an equivalent in
dollars I would be accused of gross exaggeration. Not only that, but the
cultural and social benefits of living in a large city would for the first time
become a practical reality for all within walking or driving distance of a
railroad station".
To be sure, this suggestion has great merit, but it is not within the scope
of the Board's function, though, as mentioned in the Chief Commissioner's
judgment, the Board is prepared to offer its good services in assisting in finding
a solution to this complex problem.
In my view, any increase in the commuters' present rates would create
an inconvenience to the users which would outweigh the alleged burden that
the continued operation of the commuter service at the present rates would
impose upon the railway companies for the revenues derived from the present
increase are infinitesimal in proportion with the railways deficits.
In the judgment given by Justice Kearney in 1956 and reported in
C.R. & T.C., vol. 73, page 193, at the bottom of page 205, last paragraph, it
reads as follows and I quote:
"It has been mentioned that the present judgment should remove com-
mutation rates from the field of controversy for the foreseeable future as
between commuters and the Railways. Such a result should also create a
desirable atmosphere for Railways, commuters, civic and provincial authorities
to look anew at the overall problem of traffic congestion." And this was the
main reason why I subscribed to that decision but less than three years after
comes a new application for another increase of 37 per cent. I think that the
stand I am taking now is perfectly justified.
If railway companies wish to reduce their deficits, their goal could be
attained through other means without further burden to the regular commuters
to bear.
I would dismiss the present application.
A. SYLVESTRE.
Ottawa, November 6, 1959.
495
ORDER No. 99642
In the matter of increased commutation fares filed with the Board to become
effective March 15, 1959, which were suspended by Order No. 97316,
dated March 9, 1959.
File No. 29984.18
Friday, the 6th day of November, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the matter at sittings of the Board at Montreal on May 19,
20, 21 and 22, 1959, and at Toronto on June 8, 1959, and enquiry thereinto by
the Board, and upon consideration of the submissions filed and pursuant to the
Judgment herein dated November 6, 1959, of the Chief Commissioner and
Commissioner Knowles —
It is hereby ordered as follows:
1. The tariffs that were suspended by Board's Order No. 97316 are
disallowed.
2. Tariffs to bring into effect the adjustments authorized by the said
Judgment in existing commutation fares may be filed by the applicant railways
to be effective not earlier than January 1, 1960.
ROD KERR,
Chief Commissioner.
In the matter of the application of Canadian Car Demurrage Bureau dated
July 13, 1959, for approval of a revised code of car demurrage rates,
Tariff C.T.C. No. 6 and Supplement No. 1 thereto:
File No. 1700
RULING
By the Board:
In the latter part of the year 1952 several organizations and individuals
made application to the Board for a revision of the Canadian Car Demurrage
Rules which were prescribed by the Board in General Order No. 201 dated
August 1, 1917, based on a Judgment of the Board dated July 28, 1917 (7
JOR & R 214) with modifications required by General Orders Nos. 220, 349,
422 and 752.
The applications in 1952 requested generally:
(a) that all rules, regulations and tolls respecting demurrage be con-
solidated under one tariff;
(b) that the Board provide for the creation of a national demurrage com-
mittee to deal with the matter;
(c) that the rules and the rates therein be revised with respect to various
matters.
The Board gave consideration to these matters and found that there
appeared to be no power given to the Board under the Railway Act to order
the consolidation of individual tariffs into one agency tariff, nor does the
Board have power to appoint or institute committees for the purpose of dis-
cussing and reaching conclusions and recommendations with respect to traffic
matters; nor does it have power to approve demurrage rules and regulations
prior to their filing with the Board, except on complaint where the Board
itself may adjudicate between opposing contentions and prescribe rules and
tolls for future application. The latter was the situation with regard to
General Order No. 201.
The Board, however, expressed the view to the Canadian Industrial Traffic
League and others that if the shippers' organizations and the railways would
cooperate to discuss proposed changes in the rules and tolls a great deal of
controversy might be avoided on the subject. This suggestion was acted upon by
shippers and the railways and during the past several years numerous meetings,
conferences, revisions and various methods of dealing with car demurrage have
taken place.
The application now before the Board is the result of the work that has
been done in the interim since the first application was filed in 1952.
The application sets out that the revised code has been formulated in
cooperation with representatives of certain shippers' organizations and it names
thirteen of them as having concurred in the revised tariff. It specifically names
the Canadian Fruit Wholesalers' Association as not agreeing with the new
tariff.
Nothing has been submitted to the Board by the last mentioned Associa-
tion, but on July 15, 1959 the United Grain Growers Limited asked that the
new tariff be not approved "until such time as all interested parties can have
time to analyze and study it over and submit their objections, if necessary".
It also asks what action the Board will take once the new tariff is received.
On July 27th the Winnipeg Chamber of Commerce telegraphed that it
opposed certain clauses of the proposed tariff, and on August 31st filed a sub-
mission suggesting changes in five items, i.e., (1) Consolidation of demurrage
tariffs, (2) Rule 2, Section A, re notification and delivery, (3) Computing
time and bunching, (4) minor changes in the demurrage rates, (5) the Bureau
497
should not issue "interpretation" bulletins, as the tariff should clearly state the
rules. We have already dealt with the matter of consolidation of tariffs,
and the Canadian Car Demurrage Bureau has filed answers on the other four
items. We consider the answers reasonable as to items (2) (3) and (4),
but as to (5) we agree with the Winnipeg Chamber of Commerce that the
Canadian Car Demurrage Bureau should not issue unofficial "bulletins" as
to the application of the tariff, but should issue any clarification necessary as
a supplement amending the tariff.
Amongst those named as concurring in the revised code by the Demurrage
Bureau only one body has specifically advised the Board thereof, namely, the
Canadian Industrial Traffic League.
Although the Applicant states that copies of the application and proposed
tariff were forwarded to certain parties, it appears that the distribution has
been limited to those named in the Applicant's letter. It is, therefore, doubtful
if complete coverage of the country has been fully achieved by these means.
Demurrage rules and charges are as apt to affect small as well as large
shippers and thus many persons who may not have membership in the con-
curring organizations could have objections to voice of which the Board is
not aware.
Demurrage of the kind contemplated by the present application comes
within the scope of the Railway Act, and thus the Board's jurisdiction, by
being defined as a "toll" or "rate" by subsection 32 of Section 2. The type of
tariff containing the code is "special arrangements" as provided by section 331
(1) (d). There is no duty imposed by the Act upon the Board to give its'
approval as a prerequisite to bringing the revised tariff into force. All that
is required is that the tariff be filed and upon complaint or the Board's own
motion it could be dealt with. Amongst the changes in the tariff which are now
proposed there are:
(1) changes of wording to clarify interpretation.
(2) changes of wording based on interpretations made by the Demurrage
Bureau.
(3) change in the method of computing free and demurrage time.
(4) change in demurrage charges.
(5) additional clauses added which are not now included in the present
tariff.
As to items 1, 2 and 5 above, there is no detailed information as to
what motivated the changes of wording and it would be quite difficult to
anticipate what might flow therefrom when such provisions became applicable
to the traffic.
The change in demurrage charges simplifies the application thereof and
provides an increase of $1 per day after the fourth demurrage day. For any
car held for four days the aggregate of both the proposed and present tariff
provisions effects the same total dollar charge, but creates an increase of $1
per day for the first and second demurrage days and a reduction of $1 per day
for the third and fourth day.
Under the present tariff free time is computed (loading and unloading
as an example) at 48 hours excluding Sundays and legal holidays. The new
tariff proposes also to exclude Saturdays.
Under the present tariff where cars incur demurrage penalties, Sundays
and legal holidays are excluded and not charged demurrage. The new tariff
proposes to apply demurrage charges without the exclusion of Saturdays,
Sundays or legal holidays, except that where a Saturday and Sunday or legal
holiday consecutively follow the termination of free time, the said free time
is to be extended to include the same.
498
While the proposed tariff apparently settles many of the controversies
which have arisen with regard to the car demurrage rules, it is apparent that
the approval of these rules may not be entirely unanimous and for that reason
the Board will not approve these rules in advance. The proposed tariff,
however, may be filed to become effective on January 1, 1960, which will give
ample time for any interested party to object, if necessary, and if any sub-
stantial objections are received the Board will set them down for hearing
as soon as may be reasonably possible. The General Orders above referred
to will, in due season, be rescinded.
The new tariff when printed and filed with the Board should be amended
in accordance with Section 331, subsection (1) (d) of the Railway Act to read
as follows:
Special Arrangements Tariff
of
Canadian Car Demurrage Rules
No reference should be made to any authorization of the Board or com-
pliance with any Order number.
ROD KERR,
Chief Commissioner.
H. H. GRIFFIN,
Asst. Chief Commissioner.
A. SYLVESTRE,
Deputy Chief Commissioner.
L. J. KNOWLES,
Commissioner.
JOHN M. WOODARD,
Commissioner.
W. R. IRWIN,
Commissioner.
Ottawa, November 4, 1959
499
GENERAL ORDER No. 850
In the matter of rules covering the preparation of accounts to apply to joint
projects undertaken under Order of the Board:
And in the matter of General Order No. 794, dated May 6, 1954, as amended by
General Order No. 819, dated February 16, 1956:
File No. 11026.74
Tuesday, the 13th day of October, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
W. R. Irwin, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
General Order No. 794, dated May 6, 1954, as amended by General Order
No. 819, dated February 16, 1956, is further amended by striking out sub-
paragraph (a) of the paragraph headed "Labour" in the operative part of the
said Order and substituting therefor the following:
(a) Labour Cost
Labour cost shall include a proportion of wages allowed on statutory
holidays and a proportion of wages allowed for vacation pay, and
shall be calculated as follows:
I. To wages of all employees paid on an hourly or daily basis add
seven per cent.
II. To wages of all employees paid on a monthly basis add five per cent.
H. H. GRIFFIN,
Assistant Chief Commissioner.
500
SUMMARY OF ORDERS ISSUED BY THE BOARD
99533 Oct. 23 — Authorizing the City of Quebec, P.Q., to construct a subway at the
crossing of Colisee Ave. and the C.N.R., Mileage 1.94 Lairet Subd.
99534 Oct. 23 — Authorizing the C.N.R. to abandon 2,300 feet of track between Queen
St. West and St. Andrews St. in the City of Gait, Ont., Mileage 13.1
to Mileage 13.52 Waterloo Subd.
99535 Oct. 23 — Authorizing the C.P.R. to construct a public road across their track
at Mileage 27.48 Coutts Subd., Alta.
99536 Oct. 23 — Approving proposed flammable liquid bulk storage facilities of
Imperial Oil Limited at Blind River, Ont., Mileage 54.56 Thessalon
Subd.
99537 Oct. 23 — Authorizing the C.N.R. to make changes in the protection at crossing
of their railway and Highway No. 9, Alta., Mileage 40.37 Drumheller
Subd.
99538 Oct. 23 — Authorizing the removal of the speed limitation at the crossing of
Park St. and the C.N.R. at Chatham, Ont., Mileage 60.89 Chatham
Subd.
99539 Oct. 23 — Authorizing the removal of the speed limitation at the crossing of
Lesperance Road and the C.N.R. in Tecumseh, Ont., Mileage 99.31
Chatham Subd.
99540 Oct. 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 34, south of Hawkesbury, Ont.,
Mileage 19.87 Vankleek Subd.
99541 Oct. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway, being the ninth public road crossing
east of Stratford, Mileage 3.27 Newton Subd., Ont.
99542 Oct. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R., being first public crossing south of
Fergus Station, Ont., Mileage 46.19 Fergus Subd.
99543 Oct. 23 — Authorizing the C.N.R. and the British Columbia Electric Rly. Co.
Ltd., to operate through the interlocker at the crossing of their
railways at Mileage 72.14 Yale Subd., B.C.
99544 Oct. 23 — Authorizing the C.N.R. and C.P.R. to operate their trains through
the interlocker at the crossing of their railways at Mileage 39.9
Yale Subd. (C.N.R.) and Mileage 53.6 Coquihalla subd. (C.P.R.) in
the Village of Hope, B.C.
99545 Oct. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Thompson Road, at Thompson Station, N.S.,
Mileage 42.53 Springhill Subd.
99546 Oct. 26 — Authorizing the Quebec Dept. of Roads to widen the highway where
it crosses the Quebec Central Rly. Co. Ltd. in the Village of Vallee
Junction, P.Q., Mileage 100.34 Quebec Subd.
99547 Oct. 26 — Authorizing the C.N.R. to operate over the timber bridge across the
creek at Mileage 87.7 Skeena Subd., B.C.
99548 Oct. 26 — Approving tariffs filed by The Bell Telephone Company of Canada.
99549 Oct. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 34, south of Hawkesbury, Ont.,
Mileage 15.94 Vankleek Subd.
99550 Oct. 26 — Authorizing the Township of London to relocate the crossing of Hale
and Trafalgar Streets and the C.N.R. at Mileage 75.35 Dundas Subd.,
Ont.
99551 Oct. 26 — Authorizing the Rural Munic. of Coulee, Sask., to construct its east-
west road across the C.P.R. between Sections 19 and 30, Twp. 13,
Rge. 10, W3M., Mileage 84.59 Shamrock Subd.
99552 Oct. 26 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Creosote, Ont., Mileage 1.65 Webbwood Subd.
501
Rescinding Order No. 70144 which approved the location of facilities
of Cities Service Oil Company Limited, for the handling and storage
of flammable liquids near the C.N.R. at Walkerton, Ont.
Authorizing the removal of the speed limitation at the crossing of
the highway and the Northern Alberta Rly. Co. at Mileage 130.37
Grande Prairie Subd., B.C.
In the matter of protection at the crossing of the highway and the
C.N.R. at first public crossing east of station at Lac aux Sables, P.Q.,
Mileage 16.65 Grand'Mere Subd.
Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 62 at Eldorado, Ont., Mileage
40.81 Maynooth Subd.
Authorizing the Saskatchewan Power Corporation to construct a
natural gas pipe line across and under the pipe line of the Westspur
Pipe Line Company in the SW| Sec. 17, Twp. 5, Rge. 32, W2M.,
Sask.
Authorizing the Munic. of Metropolitan Toronto to construct a sani-
tary sewer across and under the pipe line of the Trans Mountain Pipe
Line Company in Lot 17, Cone. 2, East of Yonge St., Twp. of North
York, Ont.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 19 at Mileage 18.24 Newton Subd.,
Ont.
Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Haines Ave. in the Town of Blind River, Ont.,
Mileage 54.72 Thessalon Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the road east of the station at St. Eloi, P.Q.,
Mileage 62.68 Rimouski Subd.
Requiring the C.P.R. to install automatic protection at the crossing
of its railway and West St. in Blind River, Ont., Mileage 54.72
Thessalon Subd.
99564 Oct. 27 — Approving the location of the station proposed to be erected at
Doaktown, N.B.
99565 Oct. 27 — Authorizing the C.N.R. to remove the Caretaker at Decker, Man.
99566 Oct. 28 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and St. Andre
Road in Chambord, P.Q., Mileage 64.12 Jonquiere Subd.
99567 Oct. 28 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their Newmarket Subd. and
Front St., and at the crossing of their Midland Subd. or wye track
and Front St., in the Town of Orillia, Ont.
99568 Oct. 28 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 114.3 Laggan Subd., Alta.
99569 Oct. 28 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 119.0 Laggan Subd., Alta.
99570 Oct. 28 — Authorizing the Chesapeake and Ohio Rly. Co. to leave the swing
bridge over the Sydenham River at Wallaceburg, Ont., in an open
position and unattended between the hours of 8.00 a.m. Sunday and
8.00 a.m. Monday during the navigation period.
99571 Oct. 28 — Authorizing the Westcoast Transmission Company Limited to open
for the transportation of natural gas, that portion of its pipe line
from a point in Twp. Ill, Peace River District, B.C., to a point on its
West Buick Creek Lateral, being Station 88-64 on Drawing
RW-5200.
99553 Oct. 26—
99554 Oct. 26—
99555 Oct. 27—
99556 Oct. 27—
99557 Oct. 27—
99558 Oct. 27—
99559 Oct. 27—
99560 Oct. 27—
99561 Oct. 27—
99562 Oct. 27—
99563 Oct. 27—
502
99577 Oct. 28-
99578 Oct. 28—
99572 Oct. 28 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99573 Oct. 28 — Authorizing the Twp. of Etobicoke, Ont., to construct a sewer main
across and under the pipe line of the Trans-Northern Pipe Line
Company at Belfield Road, in Lot 24, Cone. 1.
99574 Oct. 28 — Authorizing the Corp. of the District of Burnaby to construct a water
main across and over the pipe line of Trans Mountain Oil Pipe Line
Company on Duthie Ave., north of the intersection with Frances St.,
District of Burnaby, B.C.
99575 Oct. 28 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 121.8 Laggan Subd., Alta.
99576 Oct. 28 — Approving proposed temporary crude oil loading facilities of Froman
Oils Limited at Marsden, Sask., Mileage 65.1 Lloydminster Subd.,
C.P.R.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 45 east of the station at Dupuy, P.Q., Mileage 33.14 Macamic
Subd.
Authorizing the C.P.R. to operate over the subway at Mileage 6.04
Laggan Subd., Alta.
99579 Oct. 28 — Authorizing the C.P.R. to remove the caretaker at Jack Fish, Ont.
99580 Oct. 28 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 86, Ont., Mileage 27.69 Kincardine
Subd.
Authorizing the City of Medicine Hat, Alta., to construct Allowance
Ave. across the C.P.R. by means of an overhead bridge, to eliminate
the existing level crossing.
Authorizing the Twp. of Anderdon, Ont., to improve the vision in
the four angles of the crossing of Township Road and the New York
Central Railroad Co., Mileage 11.61 Amherstburg Subd.
Authorizing the Quebec Dept. of Roads to construct an extension of
Charest Blvd. across the C.N.R. in the City of Ste. Foy, Mileage 10.12
Bridge Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Minet's Point Road south of Allandale, Ont.,
Mileage 62.03 Newmarket Subd.
99585 Oct. 29 — Authorizing the C.P.R. to remove the station agent at Wardner, B.C.
99586 Oct. 29 — Authorizing the Quebec Dept. of Roads to reopen the level crossing
of Highway No. 19 and the C.N.R. at Mileage 42.30 Grand'Mere Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway south of Stroud Station, Ont.,
Mileage 57.49 Newmarket Subd.
Authorizing the C.P.R. to reconstruct its overhead farm crossing at
Mileage 59.1 Gait Subd., Ont.
99589 Oct. 29 — Authorizing the C.P.R. to remove the caretaker at Ebor, Man.
99590 Oct. 29 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Thornton Road, in Oshawa, Ont., Mileage 73.12
Oshawa Subd.
99591 Oct. 30 — Authorizing the removal of the speed limitation at the. crossing of
Third St. and the C.N.R. at Mileage 28.96 Thorndale Subd., Ont.
99592 Oct. 30 — Authorizing the Twp. of London, Ont., to construct its Needham
municipal drain across and over the pipe line of the Interprovincial
Pipe Line Company in Lots 9 and 10, Cone. 12, Twp. of London.
99593 Oct. 30 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.N.R. at Mileage 9.61 Preeceville Subd., Man.
99594 Oct. 30 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 45,
Mileage 1.74 Nakamic Subd., Twp. of Taschereau, P.Q.
99581 Oct. 29-
99582 Oct. 29-
99583 Oct. 29-
99584 Oct. 29—
99587 Oct. 29—
99588 Oct. 29-
503
99595 Oct. 30 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 72.35 Cowan Subd., Man.
99596 Oct. 30— Rescinding Order No. 98658 which approved tolls published in
Tariff C.T.C. No. E. 1543 and in Supplements thereto filed by the
C.N.R.
99597 Oct. 30 — Authoriznig the C.N.R. to remove the caretaker at South Brookfield,
N.S., Mileage 18.62 Caledonia Subd.
99598 Oct. 30 — Authorizing the C.N.R. to remove the caretaker at Brookfield Mines,
N.S., Mileage 14.94 Caledonia Subd.
99599 Oct. 30 — Authorizing the C.N.R. to remove the station agent at Brunkild,
Man., provided a caretaker is appointed.
99600 Oct. 30 — Approving Drawing filed by the C.N.R. showing details of the
design of the bridge over the Sumas River, in B.C., at Mileage 78.8
Yale Subd.
99601 Oct. 30 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Third St., Twp. of London, Ont., Mileage 28.96
Thorndale Subd.
99602 Oct. 30 — Authorizing the Twp. of Anderdon to improve the approach grades
at the crossing of the highway and the N.Y. Central Railroad Co.,
between Cones. 7 and 8 in Lot 6, Mileage 8.89 Amherstburg Subd.,
Ont.
99603 Oct. 30 — Authorizing the Twp. of Anderdon, Ont.. to improve the approach
grades where the highway between Cones. 2 and 3 in Lot 3 crosses
the N.Y. Central Railroad Co. at Mileage 13.37 Amherstburg Subd.
99604 Oct. 30 — Amending Order No. 41202 in the matter of protection at the crossing
of the C.N.R. and Government Wharf Road east of station at Baie
St. Paul, P.Q., Mileage 59.62 Murray Bay Subd.
99605 Oct. 30 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Amherst, N.S., Mileage 75.91 Springhill Subd.
99606 Oct. 30 — Approving proposed flammable liquid storage facilities of Wolverine
Products and Sales Limited at Hochelaga Yard, Montreal, P.Q.,
Mileage 2.0 Park Avenue Subd.
99607 Oct. 30 — Rescinding Order 99212 which authorized the installation of flashing
light signals in lieu of the existing wig wag signals at the crossing
of the C.N.R. and Grand River Railway and Hespeler Road (Highway
No. 24) near Gait, Ont.
99608 Oct. 30 — Approving Plan submitted by Great Northern Railway Company
showing details of design of grade separation authorized to be con-
structed in the New Westminster District of B.C.
99609 Oct. 30 — Approving Service Station Contract between The Bell Telephone
Company of Canada and the Consolidated Paper Corporation Limited.
99610 Nov. 2 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to realign and widen the highway where it crosses the C.N.R.
at Mileage 4.4 Rosetown Subd.
99611 Nov. 2 — Authorizing the N.Y. Central Railroad Company to change the con-
trols of its highway crossing protection at Howard Avenue, in
Windsor, Ont.
99612 Nov. 2 — Authorizing the C.N.R. to operate over the bridge over the private
highway at Mileage 4.6 Caland Ore Spur, near Atikokan, Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
JJPfJts^oarb of
fluranapor t. Commissioners for Canada
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, DECEMBER 15, 1959 No. 18
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
GENERAL ORDER No. 851
In the matter of Regulations for inspection and maintenance of Motive Power
Units other than Steam, used on railways subject to the jurisdiction of
the Board of Transport Commissioners for Canada:
File No. 16513.41
Wednesday, the 21st day of October, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A Sylvestre, Q.C., Deputy Chief Commissioner.
It is hereby ordered as follows:
1. The attached Regulations, entitled "Rules and Instructions for Inspection
and Maintenance of Motive Power Units other than Steam", on file with the
Board under file No. 16513.41, apply to all railway companies subject to the
jurisdiction of the Board.
2. The said Regulations shall come into force on April 1, 1960.
ROD KERR,
Chief Commissioner,
The Board of Transport Commissioners for Canada.
505
77648-4—1
CONTENTS
Rule 1 — page
507
Responsibility for Safe Design, Construction, Inspection
and Repair.
Rule 2 — page
507
Filing Specification Reports and Diagrams.
Rule 3 — page
507
Inspection and Repair Certificate (Cab Card).
Rule 4 — page
507
Extension of Test or Inspection Intervals (Out-of-Service).
Rule 5 — page
507
Recording Out-of-Service.
Rule 6 — page
507
Control Equipment.
Rule 7 — page
508
Safetv Appliances.
Rule 8 — page
508
Accident and Fire Prevention.
Rnlp Q — nflP'p
508
Accident Reports.
OVJO
rill v^Ullipi cooUl o.
Rule 11 — page
ouy
Air Reservoirs.
Rule 12 — page
rnn
ouy
Air Brake System Equipment.
Rule 13 — page
ouy
Air Gauges.
Rule 14 — page
ouy
Train Communicating Signal System.
Rule 15 — page
ouy
Foundation Brake Gear.
Rule 16 — page
ouy
Hand Brakes.
Rule 17 — page
rnn
ouy
Trucks.
Rule 18 — page
rnn
ouy
Wheels and Axles.
Rule 19 — page
rin
OiU
Draft Gears and Draw Gears.
Rule 20 — page
c -i n
OiU
Windows.
Rule 21 — page
rin
oiU
Fuel Tanks, Piping, Etc.
Rule 22- page
oiU
Current Collectors.
Kule Z6— page
oiU
Motors and Generators.
Rule 24 — page
ci 1
oil
Insulation Tests.
Rule 25 — page
Oil
Electrical Meters.
Rule 26 — page
511
Internal Combustion Engines.
Rule 27— page
511
Exhaust Gases.
Rule 28 — page
511
Speed Indicators.
B.T.C. Form 20
Specifications for Motive Power Units Other Than Steam.
B.T.C. Form 21
Alteration Report for Motive Power Units Other Than
Steam.
B.T.C. Form 22
Motive Power Inspection and Repair Certificate.
507
MOTIVE POWER UNITS OTHER THAN STEAM
Rules and Instructions for Inspection and Maintenance of Motive Power
Units Other Than Steam, used on Railways subject to the jurisdiction of the
Board of Transport Commissioners for Canada.
1. (a) Railway Companies are responsible for the safe design, Responsi-
construction, maintenance, inspection and repair of all motive power ^ety for
units other than steam. All parts, appurtenances, control equipment, design,
etc., of all units must be maintained in accordance with the Board's fo^e^on0"'
Orders, Rules and Instructions and in keeping with good practice. and
All inspections, tests and repairs must be made and reports filed as repair,
prescribed in these regulations.
(b) The Chief Mechanical Officer of the railway is responsible Maintenance
for the preparation and distribution of suitable motive power mainte- regulations,
nance regulations for the guidance of staffs and others. Revised
regulations should have regard to current Board Orders, Rules and
Instructions for motive power units.
2. (a) Each Railway Company, through its Chief Mechanical Filing
Officer, must file with the Board a completed Specification Report reports3*10"
B.T.C. Form 20 for each motive power unit used on its lines in and
Canada. When filed, B.T.C. Form 20 shall be accompanied by a diagrams,
diagram showing the general outline of the unit giving its principal
dimensions and the location of major components.
(b) Changes or repairs which affect data recorded on B.T.C. Alteration
Form 20 shall be reported to the Board within 30 days of their com- reports-
pletion and a corrected B.T.C. Form 20 or an Alteration Report
B.T.C. Form 21 submitted.
3. B.T.C. Form 22 — Motive Power Quarterly Inspection and inspection
Repair Certificate must be properly completed, displayed and filed and .
in respect of each unit. For units in service B.T.C. Form 22 must certificate
be handled and distributed as follows not less frequently than once (cab card),
each three (3) month period.
A copy to The Director of Operation of the Board at Ottawa,
Ontario.
A copy to be displayed under transparent cover at a prominent
location in each unit.
A copy to be retained by the Railway Company.
Note: B.T.C. Form 22 must be made of good grade yellow paper
6 inches x 9 inches in size.
4. The following paragraph outlines the circumstances in which Extension
the intervals between tests and/or inspections set forth in these °nS^tion
rules may be extended. intervals
When a unit is withheld from service for periods of thirty (30) (out;of-
_ . , I, service).
or more consecutive days such out-of-service must be totaled and
recorded. The test or inspection interval prescribed for any partic-
ular item may then be extended by the number of out-of-service
days recorded since the date of its last previous test or inspection.
5. Out-of-service periods of thirty (30) or more consecutive Recording
days must be recorded on the back of B.T.C. Form 22. out-of-
J service.
6. Railway Companies are responsible for the selection, installa- control
tion, maintenance, periodic test and inspection of all electric, ec*ulPment-
pneumatic, hydraulic, mechanical or other control equipment used
on motive power units.
508
Safety
appliances.
Accident
and fire
prevention.
Accident
reports.
Air
compressors.
7. Each motive power unit must be provided with a sufficient
number of suitable handholds, steps, ladders, and other safety
appliances properly located for the safety of employees and others.
Safety appliances must be designed and applied having regard to the
requirements of the Board's Safety Appliance Order.
8. Railway companies shall take the following reasonable pre-
cautions to protect employees while they work on motive power
units.
(a) Exposed moving parts of machinery shall be provided with
suitable guards.
(b) Cab passageways and compartments shall have adequate
illumination. When employees are required to pass from one cab to
another, the platform or passageway between them shall be illu-
minated. Floors shall be constructed to provide safe footing and
kept free from obstruction.
(c) Jumpers, cables and hose connections between and at the
ends of units shall be so located and guarded to prevent unnecessary
peril, and shall not be allowed to hang with one end free.
(d) Steam pipes must be insulated and/or located to guard
against accidental contact.
(e) Motive Power units shall be equipped with suitable fire
extinguishers of adequate capacity.
(f) Torpedoes, fusees, when carried on units, must be stored in
suitable containers.
(g) Fuel tanks, brake rigging, truck frames, etc., of motive
power units shall be kept free from accumulations of oil, grease
and other combustible materials.
(h) Electric conductors and current carrying parts must be
insulated, located or suitably guarded to prevent accidental contact
by persons.
(i) Doors and cover plates guarding high- voltage equipment
must be securely fastened in place and marked with words "Danger
Volts".
(j) Circuit breakers, switches, contactors and fuses must be
located or guarded so that persons will not be injured by their
operation.
(k) Internal combustion engines of motive power units disabled
in service shall be tagged to protect against accidental restart.
9. Accidents or fires caused by failure of any parts or equipment
of motive power units which result in serious injury or death to
persons, must be reported to the Board in accordance with current
regulations.
10. (a) Motive power units shall be equipped with one or more
air compressors having sufficient capacity to provide an adequate
supply of air for train operation. Compressors, associated equipment
and piping must be tested frequently and maintained in good condi-
tion for service.
(b) The capacity of each compressor must be ascertained by the
orifice test method not less frequently than once each six (6) month
period.
509
11. (a) Each motive power unit shall be provided with sufficient
air reservoir capacity to insure an ample supply of compressed air
for the operation of the air brake system, the air signal system and
for air operated auxiliary equipment.
(b) The main reservoir system of each unit shall be protected
by one or more safety valves. Safety valves must be designed and
constructed to prevent an accumulation of pressure of more than
ten (10) psi above the working pressure. Safety valves shall be
tested and reset not less frequently than once each six (6) month
period.
(c) Each main reservoir and other reservoirs in excess of five
(5) cubic feet capacity, before being put into service and at least
once after every twenty-four (24) months' service, provided such
service is performed within three (3) consecutive years, shall be
subjected to hydrostatic pressure not less than twenty-five (25)
per cent above the normal working pressure of the main reservoir.
The entire surface of the reservoir shall be hammer tested at the
time of the hydrostatic test, the reservoir to be empty when hammer
tested.
(d) Compressed air should be cooled before it enters main
reservoirs.
(e) Valves to drain the entire air system effectively must be
installed at suitable locations.
12. All parts of the air brake system must be maintained in good
condition. The entire system must be given frequent functional
tests to insure efficient and effective brakes in service.
13. All air gauges must be maintained in good condition and
tested not less frequently than once each three (3) month period.
Air gauges must be tested by comparing with an accurate test gauge
or dead weight tester.
14. Train communicating signal system of motive power units
used in passenger service must be maintained in good condition.
15. The rods, levers, brake beams, hangers, adjusters, shoes,
heads, cylinders, pins, fastenings and other foundation gear com-
ponents must be inspected frequently and maintained in good condi-
tion for service.
Air
reservoirs.
Safety-
valves.
Hydrostatic
and
hammer
tests.
Cooling
compressed
air.
Drainage
of air
system.
Air brake
system
equipment.
Air
gauges.
Train
communi-
cating
signal
system.
Foundation
brake
gear.
16. Hand brakes shall be maintained to insure their effectiveness
in service.
17. Trucks and their components, such as bolsters, pedestals,
frames, center plates, centering devices, equalizers, springs and spring
rigging, side bearings, traction motor attachments, etc., shall be
inspected frequently and maintained in a safe and suitable condition
for service.
18. Railway Companies are held responsible for the safe design,
construction, mounting, installation and maintenance of wheels and
axles, their bearings, boxes and other associated parts and for the
lubrication of journal bearings. Limits of wear shall be as set down
in the current Board Order covering wheels.
77648-4—2
Hand
brakes.
Trucks.
Wheels
and
axles.
510
Draft
gears
and
draw
gears.
Inspection.
Lost
motion
limit.
Height
above
rails.
Windows.
Mainte-
nance,
clear
view.
Fuel
tanks,
piping,
etc.
Fill and
vent
lines.
Gauges.
19. (a) Draft gears and/or draw gears, their couplers, pins and
other associated parts must be of ample strength to withstand severe
conditions of service and must be maintained in good condition.
Before being installed, all parts must be examined thoroughly,
preferably with the use of flaw detecting equipment.
(b) Couplers and draft gears must be properly secured and
maintained in good condition for service. Units must not be con-
tinued in service until defects disclosed by inspection have been
corrected.
The lost motion in draft gears not absorbed by compression or
friction devices must not exceed one-half (£) inch. When lost
motion exceeds one-half (£) inch, gears shall be repaired or removed
from the unit.
(c) Couplers must be maintained at the prescribed standard
height (max. 35", min. 31J") above the rails.
20. (a) Each cab or operating station shall be provided with an
adequate number of windows suitably located to afford a good view
of signals and track ahead. Window and cab door glass must be
shatterproof.
(b) Windows must be kept clean, free from obstruction and
maintained in good operating condition. Front windows must be
equipped with efficient wipers, sun visors and defrosting devices
where necessary.
21. (a) Fuel tanks, pumps, piping, valves and connections shall
be maintained free from leaks and in good condition for service.
(b) Fuel tanks shall be installed so that they can be filled from
outside the unit. They must be provided with a vent which leads
to the outside, but does not discharge on roof.
(c) Fuel tanks shall be provided with suitable liquid level
gauges so located that the fuel level in the tanks can be determined
when filling. Gauges must be protected against accidental breakage
where loss of fuel would be incurred.
Current
collectors.
Motors
and
generators.
Overload
Protection.
Fire
hazards.
ELECTRICAL EQUIPMENT
22. Where used, all types of current collectors shall be effectively
insulated from the unit structure having regard to the maximum
voltage carried by the conductor. Provision must be made whereby
pantographs, trolleys and shoes can be raised, lowered or held in
place without risk to persons working on or about units. Current
collectors, their components and associated parts shall be inspected
frequently and maintained in good condition for service.
23. (a) Generators and motors shall be securely fastened in
place, all parts including shafts, bearings, collars, caps, rotors,
armatures, brushes, brush holders, commutators, coils, windings,
leads and connections, shall be inspected frequently and maintained
in good condition for service.
Generators shall be protected against overloading and over-
speeding by means of suitable warning, indicating or governing
devices, and precautions taken to guard against flashovers.
Generator housings and surrounding area shall be kept clean,
to minimize fire hazards.
511
Mechanical and electrical connections to engines and/or other
electrical machinery shall be inspected frequently and maintained in
good order.
(b) Traction motors, their associated electrical and mechanical
equipment including suspensions, bearings, gears, pinions, cables, etc.,
must be maintained in good condition for service.
24. Electric circuits shall be subjected to insulation tests not
less frequently than once each three (3) month period. Test voltage
must exceed normal maximum operating voltage of the circuit.
Circuit resistance to ground must be recorded on B.T.C. Form 22.
25. All electrical meters shall be maintained in serviceable con-
dition and tested not less frequently than once every twelve (12)
months.
26. Internal combustion engines, their components and auxil-
iaries must be maintained in a safe and suitable condition for service.
Engines shall be protected from overspeeding and overheating by
use of suitable warning, indicating or governing devices.
27. Exhaust gases shall be released entirely outside of unit cabs
or compartments. Exhaust stacks shall be constructed and installed
to effectively restrict the entry of exhaust gases into occupied operat-
ing compartments under usual conditions of operation. Pipes or ducts
carrying exhaust gases must be maintained in good condition and
should be isolated or insulated where practicable.
28. Units normally used in road service shall be equipped with
speed indicators suitably located and illuminated. These instruments
must be maintained in good condition.
Connections.
Traction
motors.
Insulation
tests.
Electrical
meters.
Internal
combustion
engines.
Protective
devices.
Exhaust
Gases.
Speed
indicators.
77648-4— 2\
512
B.T.C. Form 20
SPECIFICATIONS FOR MOTIVE POWER UNITS OTHER THAN STEAM
Unit Number
" Initial
" Type
" Propulsion
Operating Railway
Built by date Builders No
Gauge of Wheels Wheel Arrangement
Kind and number of current collectors
Trolley wire or third rail voltage
Type of lightning arrester
Number and type of traction motors
Number and type of traction generators Voltage
Maximum voltage power circuit
Control voltage Auxiliary voltages
Engines, type and horse power
Air brake equipment
Give type and schedule number
Has unit dynamic braking equipment?
Has unit safety control?
Type and capacity of hand brake
Number and type of air compressors
Rated capacity cfm at rpm
Main reservoir working pressure
Number of steam generators
Number, type and capacity of fire extinguishers
Total weight in working order lbs. Weight on driving wheels lbs.
Starting tractive effort at 25% adhesion lbs.
Attach diagram showing the outline and principal dimensions of the unit.
Date 19 Certified
Title
513
B.T.C. Form 21
ALTERATION REPORT FOR MOTIVE POWER UNITS OTHER THAN STEAM
Unit Number
" Initial j
" Type
" Propulsion
Operating Railway
Below is a description of alterations which affect data recorded on B.T.C. Form
20 submitted to the Board on 19
Certified
Title
Date 19
514
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516
GENERAL ORDER No. 852
In the matter of Regulations for the Transportation of Dangerous Commodities
by Rail'
File No. 1717-B
Wednesday, the 21st day of October, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
1. Supplement No. 1 to the Board's Regulations for the Transportation of
Dangerous Commodities by Rail, on file with the Board under file No. 1717-B,
marked "E", is prescribed and applies to all railway and express companies
subject to the jurisdiction of the Board which accept explosives and other
dangerous articles for carriage.
2. The said Supplement No. 1 shall come into force on January 1, 1960.
3. Upon the coming into force of the said Supplement No. 1, Orders No.
97200, dated February 23, 1959, No. 97613, dated April 13, 1959, and No. 98038,
dated May 28, 1959, are rescinded.
A. SYLVESTRE,
Deputy Chief Commissioner.
517
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
SEPTEMBER, 1959
Railway Accidents 185 Killed 17 Injured 219
Level Crossing Accidents 26 Killed 6 Injured 39
Total 211 23 258
Killed
Injured
4
49
Employees
3
160
Others
16
49
Total
23
258
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
— 3 Automobile struck by train. Licence: Nfld. 12918.
Quebec
— 1 Auto truck struck by train. Licence: Que. T-1782.
— 2 Auto ran into side of train. Licence: PA. BO-4-942.
1 2 Automobile struck by train. Licence: Que. 460-676.
1 — Automobile struck by train. Licence: Que. 398-389.
— 1 Police auto struck by R.D.C. Licence: Que. 117-397.
1 1 Automobile ran into side of train. Licence: Que. 511-833.
— 1 Automobile ran into side of R.D.C. Licence: Que. 383-004.
1 — Auto truck struck by train. Licence: Que. F-49029.
Ontario
— 1 Automobile struck by train. Licence: Ont. 958-480.
— 1 Automobile struck by train. Licence: Ont. H- 10529.
— 1 Auto truck struck by train. Licence: Ont. 4109-M.
— 1 Automobile ran into side of train. Licence: Ont. 91322.
— 1 Automobile ran into side of train. Licence: Ont. 98289.
— 1 Automobile ran into side of train. Licence: Ont. 520-368.
— 4 Automobile struck by train. Licence: Ont. 44618.
— 1 Automobile ran into side of train. Licence: Ont. 38150-X.
— 1 Farm tractor ran into side of train.
— 4 Automobile ran into side of train. Licence: Ont. 804-732.
2 — Automobile ran into side of train. Licence: Ont. 29-633-X.
— 1 Track motor car struck auto truck. Licence not given.
Manitoba
— 5 Automobile ran into side of train. Licence: Ont. 804-854.
— 2 Automobile ran into side of train. Licence: Man. 16-G-20.
518
Killed Injured
Saskatchewan
— 2 Automobile struck by train. Licence: Alta. 131-183.
— 1 Road Grader struck by train.
— 1 Automobile ran into side of train. Licence: Sask. 58149.
Of the 26 accidents at Highway crossings, 24 occurred at unprotected crossings,
2 at protected crossings, 17 occurred after sunrise and 9 after sunset.
Ottawa, Ontario, November 25, 1959.
519
SUMMARY OF ORDERS ISSUED BY THE BOARD
99613 Nov. 2 — Authorizing the removal of the speed limitation at the crossing of
Robastaliere Road and the C.N.R. at St. Bruno, P.Q., Mileage 62.33
St. Hyacinthe Subd.
99614 Nov. 2 — Amending Order No. 92144 re apportionment of cost of constructing
a pedestrian overpass across the C.N.R. and C.P.R. at Riverdale Park,
Toronto, Ont., Mileage 2.60 Bala Subd. (C.N.R.) and Mileage 106.40
Oshawa Subd. (C.P.R.) .
99615 Nov. 2 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Brosseau, Parish of Laprairie de la
Madeleine, P.Q., Mileage 11.15 Rouses Point Subd.
99616 Nov. 2 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 590, near Kakabeka Falls, Ont.,
Mileage 21.95 Kashabowie Subd.
99617 Nov. 2 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 9.41 Oakville Subd., Twp. of Etobicoke, Ont.
99618 Nov. 2— Authorizing the Town of Mount Royal, P.Q., to widen Rockland
Road where it crosses the C.P.R. in the City of Outremont, at Mileage
49.36 Adirondack Subd.
99619 Nov. 2 — Authorizing the C.N.R. to close their station at Pacific, B.C.
99620 Nov. 2 — Authorizing the C.N.R. to remove the caretaker at Springfield, N.S.
99621 Nov. 2 — Authorizing the C.P.R. to operate over the crossing of its railway
and Highway No. 4 at Mileage 9.14 Walkerton Subd., Ont.
99622 Nov. 3 — Approving tolls published in tariffs filed by the C.N.R. under sections
3 and 8 of the Maritime Freight Rates Act.
99623 Nov. 3 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99624 Nov. 3 — Approving tolls published in tariffs filed by the C.N.R. under Sections
3 and 8 of the Maritime Freight Rates Act.
99625 Nov. 3 — Extending the time within which the Sydney and Louisburg Rly.
Company is required to install automatic protection at the crossing
of its railway and the highway (Mackie's Crossing) in Gardiner
Mines, N.S.
99626 Nov. 3 — Authorizing the N.Y. Central Railroad Co. to make signal changes
between Welland and Montrose, Ont., as shown on plan.
99627 Nov. 3 — Authorizing the N.Y. Central Railroad Co. to make signal and track
changes at Tower No. 4 near Howard Ave. in Windsor, Ont.
99628 Nov. 3 — Authorizing the removal of the speed limitation at the crossing of
Symington Ave. and the C.P.R. in Toronto, Ont., Mileage 5, North
Toronto Subd.
99629 Nov. 3 — Rescinding Order 85205 which approved the location of facilities of
Sturdie Propane Limited for the handling and storage of flammable
liquids near the Northern Alta. Railways Co. at Mileage 64.5 Peace
River Subd., near Grimshaw, Alta.
99630 Nov. 3 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Whitecourt, Alta., Mileage 102.88 Sangudo Subd.
99631 Nov. 3 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 545 near Hanmer, Ont., Mileage
124.4 Sudbury Subd.
99632 Nov. 3 — Authorizing the removal of the speed limitation at the crossing of
Calgary St. and the C.P.R. in Golden, B.C., Mileage 166.3 Lake
Windermere Subd.
99633 Nov. 4 — Authorizing the Manitoba Dept. of Public Works to widen provincial
trunk Highway No. 75 where it crosses the C.N.R. at Mileage 53.14
Letellier Subd.
520
99634 Nov. 4 — Amending Order 99046 which authorized the City of Winnipeg, Man.,
to construct the highway across the C.P.R. by means of an overpass
at Mileage 125.42 Keewatin Subd., and directed the C.N.R. to relocate
the spur track serving J. I. Case Co. across Higgins St., in Winnipeg,
Man.
99635 Nov. 4 — Approving flammable liquid storage facilities of North of 53 Con-
sumers' Co-Operative Limited, at Flin Flon, Man., Mileage 87.0
Flin Flon Subd.
99636 Nov. 4 — Authorizing La Societe Gazifere de Hull, P.Q., to construct a low
pressure gas main across and under the subway and track of the
C.P.R. at Champlain St., Mileage 88.70 Montreal and Ottawa Subd.
99637 Nov. 4 — Authorizing La Societe Gazifere de Hull, P.Q., to construct a gas
main and a gas service line across and under the C.P.R. at Notre
Dame St., Mileage 88.68 Montreal and Ottawa Subd.
99638 Nov. 4 — Approving flammable liquid storage facilities of La Co-Operative
de Lourdes, Limited, at Notre Dame de Lourdes, Man., Mileage 2.5
Notre Dame Subd.
99639 Nov. 4 — Approving proposed flammable liquid storage facilities of British
American Oil Company Limited at Acme, Alta., Langdon Subd.
99640 Nov. 4 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Foxtrap, Nfld., Mileage 17.44 St.
John's Subd.
99641 Nov. 4 — Rescinding Order No. 87619 which approved the location of facilities
of Mannix Limited near the tracks of Northern Alberta Railways
Company at Anzac, Alta.
99642 Nov. 6 — In the matter of increased commutation fares filed with the Board
to become effective March 15, 1959, which were suspended by Order
No. 97316, dated March 9, 1959.
99643 Nov. 4 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at MacNutt, Sask., Mileage 32.77 Tonkin Subd.
99644 Nov. 4 — Rescinding Orders Nos. 98658 and 99596, in the matter of tariffs filed
b3>- the C.N.R. under provisions of the Maritime Freight Rates Act.
99645 Nov. 4 — Authorizing The British American Oil Co. Ltd. to construct an access
road across the C.P.R. by means of an overhead bridge near Port
Moody, B.C., Mileage 118.125 Cascade Subd.
99646 Nov. 4 — Authorizing the Ontario Dept. of Highways to construct Scott St.
across the C.N.R. in the Twp. of Grantham, County of Lincoln, Ont.,
Mileage 1.64 Grantham Subd.
99647 Nov. 4 — Approving tariffs filed by The Bell Telephone Company of Canada.
99648 Nov. 4 — Amending Order No. 69638 which authorized the C.N.R. to install
automatic protection at the crossing of their railway and the highway
just west of the Village of Hudson Heights, P.Q.
99649 Nov. 5 — Authorizing the C.P.R. to construct a run-around track on the
Airport Spur on its Winnipeg Terminals Division, across Wellington
Ave., in the City of Saint James, Man.
99650 Nov. 5 — Rescinding Order No. 96525 which authorized the C.N.R. to remove
the caretaker at Greencourt, Alta.
99651 Nov. 5 — Authorizing the Twp. of Harwich, Ont., to improve the approach
grades at the crossing of Fargo Road and the Main Line of the
N.Y.C. Rly. Co. in the Twp. of Harwich, Mileage 169.63.
99652 Nov. 5 — Rescinding Order No. 90819 which approved the location of facilities
of R. G. Corbett for the handling and storage of flammable liquids
at Headingly, Man.
99653 Nov. 5 — Authorizing the removal of the speed limitation at the crossing of
Cumberland Road and the Esquimalt and Nanaimo Rly. Co. in
Courtney, B.C., Mileage 139.5 Victoria Subd.
99654 Nov. 5 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 18, west of Oxbow, Sask., Mileage 116.6
Estevan Subd.
521
99655 Nov. 5—
99656 Nov. 5-
99657 Nov. 6-
99658 Nov. 6-
99659 Nov. 6—
99660 Nov. 9-
99661 Nov. 9-
99662 Nov. 9-
99663 Nov. 10-
99664
99665
99670
99671
99672
99673
Nov. 10-
Nov. 10-
99666 Nov. 10—.
99667 Nov. 10-
99668 Nov. 10-
99669 Nov. 10—
Nov. 10-
Nov. 10-
Nov. 10-
Nov. 10-
99674 Nov. 10-
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Glen Ewen, Sask., Mileage 107
Estevan Subd.
■Authorizing the Manitoba Dept. of Public Works to widen Highway-
No. 21 where it crosses the C.P.R. at Mileage 4.60 Lyleton Subd.,
Man.
-Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. at Moosomin, Sask., Mileage 86.3 Broadview
Subd.
■Authorizing the B.P. Refinery Canada Ltd. to construct a crude oil
pipe line and two amine solution pipe lines across and under the
siding of the C.N.R. serving Shell Oil Company in the City of
Montreal East, P.Q.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. east of Elkhorn, Man., Mileage 64.0
Broadview Subd.
Authorizing the Township of Harwich to improve the approach
grades at the crossing of the N.Y.C. Railroad Co. and Base Line Road,
in the Village of Mull, Mileage 163.11 (Main Line).
•Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 62 and the interchange track between the C.P.R.
and the C.N.R. near Mileage 88.8 Beachburg Subd.
•Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. about 2 miles south of Parkland, Alta.,
Mileage 66.67 Macleod Subd.
•Authorizing the C.N.R. to construct a permanent steel structure to
replace the existing timber trestle over the Bulkley River, B.C.,
Mileage 60.8 Telkwa Subd.
•Authorizing the City of Regina, Sask., to widen Pasqua St. where
it crosses the C.P.R. at Mileage 93.95 Indian Head Subd.
•Authorizing the Montreal Metropolitan Corporation to construct a
temporary level crossing of Cote de Liesse Road across the C.N.R.
at Mileage 41.71 l'Assomption Subd.
Authorizing the City of Port Coquitlam, B.C., to construct a diversion
of Shaughnessy St. across the C.P.R. by means of a subway, at
Mileage 112.2 Cascade Subd.
-Approving revised Appendix "A" and Alternate Appendix "B"
between The Bell Telephone Company of Canada and La Compagnie
de Telephone St-Felix de Kingsey.
-Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 62 near Pembroke, Ont., Mileage
88.8 Beachburg Subd.
Authorizing the Saskatchewan Dept. of Highways and Transportation
to widen Highway No. 11 where it crosses the C.N.R. at Mileage 38.59
Duck Lake Subd.
-Authorizing the City of Regina to widen Pasqua St. where it crosses
the C.N.R. at Mileage 115.3 Lewvan Subd.
-Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Coronach, Sask., Fife Lake Subd.
-Approving flammable liquid storage facilities of Imperial Oil Limited
at Shawville, P.Q., Mileage 44.4 Waltham Subd.
-Authorizing the C.N.R. to construct a temporary diversion of their
track, carried on a temporary timber trestle, to permit the recon-
struction of the grade separation at Mileage 2.24 Strathroy Subd.,
Ont.
-Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 59.76 Cascapedia Subd., P.Q.
522
99675 Nov. 10 — Authorizing the Township of Essa to relocate the crossing over the
highway and the C.P.R. from Mileage 53.79 to Mileage 53.40 MacTier
Subd., Ont.
99676 Nov. 10 — Approving the construction of an industrial spur leading off the
C.N.R. Opemisca Subd. at Mileage 106.80 across the highway at
Mileage 0.3 of the said spur, in the Twp. of McKenzie, Co. Abicibi
East, P.Q.
99677 Nov. 12 — Authorizing the C.P.R. to construct and maintain two sidings across
Titan Road, Twp. of Etobicoke, Ont., commencing at Mileage 9.13
Gait Subd., to serve Goodrich Rubber Company and Peoples Credit
Jewellers.
99678 Nov. 12 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99679 Nov. 12 — Authorizing the C.P.R. to widen the crossing of its railway and the
highway at Mileage 19.17 Hardisty Subd., Sask.
99680 Nov. 13 — Authorizing the removal of the speed limitation at the crossing of
Third St. and the C.N.R. in The Pas, Man., Mileage 0.1 Wekusko
Subd.
99681 Nov. 13 — Authorizing the C.N.R. to construct a siding to serve Imperial Oil
Limited across Leblanc Road, Twp. of Pabos, Co. Gaspe, P.Q.,
Mileage 46.16 Chandler Subd.
99682 Nov. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Minto, N.B., Mileage 33.44 Minto Subd.
99683 Nov. 13 — Authorizing the B.C. Dept. of Highways to construct the highway
across and under the bridge of the C.P.R. crossing the Columbia
River near Revelstoke, B.C., Mileage 1.73 Shuswap Subd.
99684 Nov. 13 — Dismissing application of the Northern Alberta Rlys. Company to
remove the station agent at Belloy, Alta.
99685 Nov. 13 — Authorizing the C.P.R. to remove the temporary station agent at
Keeler, Sask.
99686 Nov. 13 — Requiring the C.N.R. to install flashing light signals in lieu of existing
protection at the crossing of their railway and Glasgow St., in
Guelph, Ont., Mileage 49.20 Brampton Subd.
99687 Nov. 13 — Authorizing the C.P.R. to remove the caretaker at Moore Park, Man.
99688 Nov. 13 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited near Otis, N.B., Mileage 11.44 Southampton Subd.
99689 Nov. 13 — Authorizing the Saskatchewan Dept. of Highways and Transportation
to widen Highway No. 2 where it crosses the C.N.R. at Mileage 29.38
Aberdeen Subd.
99690 Nov. 13 — Requiring the C.N.R. to install automatic protection at the crossing
of King St. and their railway, in Palmerston, Ont., Mileage 72.37
Fergus Subd.
99691 Nov. 13 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Le Telephone Guevremont.
99692 Nov. 13 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and South Leeds and Pittsburg
Rural Telephone Company.
99693 Nov. 13 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Consolidated Paper
Corporation Limited.
99694 Nov. 13 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and La Compagnie de Telephone
de Warwick.
99695 Nov. 13 — Authorizing the C.N.R. and C.P.R. to operate their trains through
the interlocking at the crossing of their railways at Matsqui, B.C.,
Mileage 88.12 Yale Subd. (C.N.R.).
99696 Nov. 13 — Authorizing the removal of the speed limitation at the crossing of
Thames St. and the C.N.R. in Ingersoll, Ont., Mileage 58.9 Dundas
Subd.
523
99701 Nov. 13-
99702
99703
99705
99706
99707
99709
99710
99711
99712
Nov. 13-
Nov. 13-
99704 Nov. 16-
Nov. 16-
Nov. 16-
Nov. 16-
99697 Nov. 13 — Approving proposed flammable liquid storage facilities of Texaco
Canada Limited at Fort Frances, Ont., Mileage 89.68 Fort Frances
Subd.
99698 Nov. 13 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at the second crossing north of Centralia
Station, Ont., Mileage 22.58 Exeter Subd.
99699 Nov. 13 — Authorizing the removal of the speed limitation at the crossing of
Highbury Ave. and the C.N.R. in London, Ont., Mileage 75.63 Dundas
Subd.
99700 Nov. 13 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 68 across the C.P.R. by means of an overhead bridge, at Mileage
15.97 Little Current Subd.
-Extending the time within which the C.P.R. is required to install
additional light units at the crossing of its railway and County Road
No. 4, at Innerkip, Ont., Mileage 83.66 Gait Subd.
-Authorizing the Alberta Dept. of Highways to widen Highway No. 43
where it crosses the C.N.R. at Mileage 31.11 Athabasca Subd.
-Amending Order No. 97385, re cost of improving the sight lines at
crossing of the highway and the C.P.R., in the Twp. of Carling, Ont.,
Mileage 35.32 Parry Sound Subd.
-Authorizing the City of Iberville, P.Q., to construct 6th Ave. across
the spur leading from the main line of the C.P.R., at Mileage 19.2
Adirondack Subd.
-Dismissing application of the Northern Alberta Rlys. Co. for authority
to remove the station agent at Woking, Alta.
-Authorizing the Twp. of Augusta, Ont., to improve the crossing of
the C.N.R. and Rockey Road, Mileage 119.05 Cornwall Subd.
-Approving Revised Schedule "B" to agreement between The Bell
Telephone Company of Canada and the Canadian Overseas Tele-
communication Corporation.
-Approving flammable liquid storage facilities of Bate Chemical
Corporation, Limited, at Pointe St. Charles, P.Q., Mileage 72.27 St.
Hyacinthe Subd.
-In the matter of protection at the crossings of the C.N.R. and Victoria
and Elizabeth Streets, City of Sorel, P.Q., Mileage 44.62 Sorel Subd.
-Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and County Road
No. 3 near Drumbo, Ont., Mileage 73.75 Gait Subd.
-Approving flammable liquid storage facilities of Imperial Oil Limited,
at Elia, Ont., Mileage 11.95 Newmarket Subd.
-Approving proposed flammable liquid storage facilities of Ste.
Agathe Co-Operative Limited at Ste. Agathe, Man., Mileage 20.55
Letellier Subd.
99713 Nov. 16 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and County Road
No. 29 at Drumbo, Ont., Mileage 74.61 Gait Subd.
99714 Nov. 16 — Dismissing application of the C.P.R. for authority to remove the
station agent and appoint a caretaker at Oxdrift, Ont., Mileage 69.9
Ignace Subd.
99715 Nov. 16 — Approving proposed liquefied petroleum gas storage facilities of
Consumers' Gas Company at Pembroke, Ont., Mileage 19.61 Locksley
Subd.
99716 Nov. 16 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Atwood Municipal
Telephone System.
99717 Nov. 16 — Amending Order No. 86449 whieh authorized the installation of auto-
matic protection at the crossing of the Chesapeake & Ohio Rly. Co.
and Park Avenue in Chatham, Ont., Mileage 17.3 No. 2 Subd.
99708 Nov. 16-
Nov. 16-
Nov. 16-
Nov. 16-
Nov. 16-
524
99718 Nov. 16 — Dismissing application of the C.N.R. for authority to remove the
station agent and appoint a caretaker at Dalkeith, Ont.
99719 Nov. 16 — Authorizing the removal of the speed limitation at the crossing of
Howard Ave. and the C.P.R. in Windsor, Ont., Mileage 109.66 Windsor
Subd.
99720 Nov. 16 — Authorizing the Ontario Dept. of Highways to realign and widen
County Road No. 3 where it crosses the St. Clair Branch of the
N.Y.C. Railroad Co. in Lots 16 and 17, Cone. 4 and 5, Twp. of
Enniskillen, Co. of Lambton, in Oil City, Ont.
99721 Nov. 16 — Rescinding Order No. 73444 which approved the location of facilities
of Trinidad Leaseholds (Canada) Limited, for handling and storage
of flammable liquids at Lindsay, Ont., near the C.N.R.
99722 Nov. 16 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 55 in the Village of Chambord,
P.Q., Mileage 1.20 Roberval Subd.
99723 Nov. 16 — Requiring The Chesapeake and Ohio Rly. Company to install
improved protection at the crossing of its railway and County Road
No. 15, in the County of Kent, Ont., Mileage 80.6 No. 1 Subd.
99724 Nov. 16 — Requiring the Northern Alberta Rlys. Co. to install automatic pro-
tection at the crossing of its railway and Highway No. 28 near Bon
Accord, Alta., Mileage 7.95 Lac La Biche Subd.
99725 Nov. 16 — Requiring the C.P.R. to install improved protection at the crossing
of its railway and Cote St. Louis Road in the Parish of Ste. Therese
de Blainville, P.Q., Mileage 1.99 Ste. Agathe Subd.
99726 Nov. 16 — Requiring the C.N.R. to install flashing light signals in lieu of the
existing protection at the crossing of their railway and Forest St.
in Parry Sound, Ont., Mileage 1.8 Sudbury Subd.
99727 Nov. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the secondary highway known at Montee Bowman,
in the Village of Cantic, Parish of Notre Dame du Mont Carmel,
P.Q., Mileage 41.48 Rouses Point Subd.
99728 Nov. 17 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99729 Nov. 17 — Approving Supplement No. 2 to Service Station Contract between
The Bell Telephone Company of Canada and the Pleasant View
Telephone Company Limited.
99730 Nov. 17 — Authorizing the C.N.R. to reconstruct and improve the overhead
bridge carrying Belmont Road across their tracks at Mileage 7.5
Cowichan Subd., B.C.
99731 Nov. 17 — Extending the time within which The Toronto, Hamilton and Buffalo
Rly. Co. is required to install automatic protection at the crossing of
its railway and Highway No. 24, Mount Pleasant Road at Mileage
63.29 Waterford Subd., and at crossing of Highway No. 53, Colborne
St., Mileage 63.37 Waterford Subd., City of Brantford, Ont.
99732 Nov. 17 — Authorizing the removal of the speed limitation at crossing of the
C.N.R. and Laurentian Blvd., in the Town of St. Laurent, P.Q.,
Mileage 41.3 l'Assomption Subd.
99733 Nov. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at St. Andrews East, P.Q., Mileage 16.53
Grenville Subd.
99734 Nov. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of County Road No. 23 and the C.P.R. in the Twp. of Zone, Co. Kent,
Mileage 46.70 Windsor Subd.
99735 Nov. 18 — Authorizing the Munic. Corporation of St. Romuald d'Etchemin to
construct the highway across the C.N.R. in the Parish of St. Ramuald,
P.Q., at Mileage 5.41 Drummondville Subd.
99736 Nov. 18 — Dismissing application of the C.P.R. (the Esquimalt and Nanaimo
Railway) for authority to remove the station agent at Qualicum
Beach, B.C., for certain periods in the year.
525
99737 Nov. 18-
99738 Nov. 18—
99739
99740
99742
99743
99750
99751
99752
99753
99755
99756
Nov. 18-
Nov. 18-
99741 Nov. 18-
Nov. 18-
Nov. 18-
99744 Nov. 18-
99745 Nov. 18—.
99746 Nov. 18—
99747 Nov. 19-
99748 Nov. 19—
99749 Nov. 19—
Nov. 19-
Nov. 19-
Nov. 19-
Nov. 19-
99754 Nov. 19-
Nov. 19-
Nov. 19-
■Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Ellerslie, Alta., Mileage 90.57 Leduc
Subd.
Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Walkley Road, Ottawa, Ont., Mileage 0.35 Sussex St.
Subd.
-Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 36.63 Chalk River Subd., Ont.
■Amending Order No. 96558, re apportionment of cost of improving
the approach grades at the crossing of the highway and the C.N.R.,
Mileage 56.77 Chatham Subd., Ont.
-Amending Order No. 97078, re apportionment of cost of improving the
approach grades at the crossing of Mull Side Road and the C.N.R.
at Mileage 54.24 Chatham Subd., Ont.
■Authorizing the C.P.R. to operate under the trestle at Mileage 21.77
St. Maurice Valley Subd., P.Q.
-Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Haleys Public Crossing, Mileage 67.73 Chalk River Subd.,
Ont.
-Authorizing the Manitoba Dept. of Public Works to improve the
crossing of the C.N.R. and Highway No. 12 in the Parish of Lorette,
Man., Mileage 131.39 Sprague Subd.
Authorizing The Statute Labour Board of the Township of North
Wallbridge and Henvey to construct a temporary crossing across the
siding of the C.P.R. at Britt, District of Parry Sound, Ont.
Authorizing the removal of the speed limitation at the crossing of the
C.P.R. and Roosevelt Ave., in Ottawa, Ont., Mileage 1.96 Carleton
Place Subd.
•Amending Order No. 94725, re apportionment of cost of changes
made in the operating circuits of the protection at the crossing of the
C.N.R. and Wellington St., Aurora, Ont., Mileage 30.04 Newmarket
Subd.
Approving the overhead clearance at the doorway through which
the railway siding enters the new warehouse of J. M. Sinclair
Limited in Regina, Sask., C.P.R.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Birtle, Man., Mileage 59.8 Bredenbury
Subd.
-Dismissing application of the Northern Alberta Rlys. Co. for authority
to remove the station agent at Brownvale, Alta.
-Authorizing the removal of the speed limitation at the crossing of
The Toronto, Hamilton & Buffalo Rly. Co. and Highway No. 99 (East
Governors Road) Mileage 46.75 Waterford Subd., Ont.
-Authorizing the removal of the speed limitation at the crossing of the
C.N.R. and the highway at Mileage 68.44 Kapuskasing Subd., Ont.
-Amending Order No. 94699, re apportionment of cost of changes in
the protection at the crossing of the C.N.R. and Davis Drive, in
Newmarket, Ont., Mileage 34.12 Newmarket Subd.
-Approving revised Appendix to Traffic Agreement between the Bell
Telephone Company of Canada and Mr. Ovila Arpin, Proprietaire,
Le Telephone de St-Ours Enrg.
-Authorizing the Alberta Dept. of Highways to widen Highway No. 41
where it crosses the C.N.R. at Mileage 66.31 Oyen Subd.
-Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Water St.,
in Newmarket, Ont., Mileage 33.55 Newmarket Subd.
526
99757 Nov. 19 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Timothy
St., in Newmarket, Ont., Mileage 33.64 Newmarket Subd.
99758 Nov. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 6, at Mileage 27.00 Chandler Subd.,
P.Q.
99759 Nov. 19 — Approving proposed flammable liquid storage facilities of North Star
Oil Limited, at Thompson, Man., Mileage 30.59 Thompson Subd.
99760 Nov. 19 — Authorizing the Manitoba Dept. of Public Works to widen Holm-
field Access Road across the C.N.R. at Mileage 28.65 Wakopa Subd.
99761 Nov. 19 — Approving flammable liquid storage facilities of British American
Oil Company Limited, at Biggar, Sask., Mileage 118.09 Asquith Subd.,
C.N.R.
Nov. 19 — Rescinding Orders Nos. 73353 and 83733 which approved the pro-
posed location of facilities of B-A Alberta Pipe Line Limited near
the C.N.R. at Mileage 29.1 Coronado Subd., Alta.
Nov. 19 — Approving proposed crude petroleum loading facilities of Gibson
Petroleum Co. Ltd., at Kipling, Sask., Mileage 128.30 Cromer Subd.,
C.N.R.
99764 Nov. 19 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and North Queen St., in Toronto, Ont., Mileage 0.91 Canpa
Subd.
Nov. 20 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and The Commissioners for the Telephone
System of the Municipality of the Township of Pelee Island.
Nov. 20 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Commissioners for the
Telephone System of the Municipality of the Township of Flos.
Nov. 20 — Authorizing the removal of the speed limitation at the crossing of the
highway and the C.P.R. near Cloverleaf, Man., Mileage 102.92
Keewatin Subd.
Nov. 20 — Authorizing the removal of the speed limitation at the crossing of
Aiken Road and the C.N.R. at Mileage 34.50 Dunnville Subd., Ont.
Nov. 23 — Authorizing the C.N.R. to widen the highway where it crosses the
C.N.R. in the Parish of St. Leonard, P.Q., Mileage 42.29 Batiscan
Subd.
-Authorizing the removal of the speed limitation at the crossing of
Sherman Road and the Esquimalt and Nanaimo Rly. Company at
0.6 Lake Cowichan Subd., west of Hayward, B.C.
-Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Joliette St.
in Montreal South, P.Q., Mileage 2.18 Sorel Subd.
-Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. north of station at King, Ont., Mileage
23.3 Newmarket Subd.
99773 Nov. 24 — Approving Traffic Agreement and Supplement between The Bell
Telephone Company of Canada and The Commissioners for the Tele-
phone System of the Municipality of the Township of Christie.
99774 Nov. 24 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Tracadie, N.B., Mileage 72.41 Caraquet Subd., C.N.R.
99775 Nov. 24— Authorizing the C.P.R. to install CTC signals between certain
mileages on its Shuswap Subd., B.C.
99776 Nov. 24 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 58 near Thorold, Ont., Mileage
post 0.60 on the Coniagas Spur.
99762
99763
99765
99766
99767
99768
99769
99770 Nov. 23-
99771 Nov. 23-
99772 Nov. 23-
527
99777 Nov. 24 — Authorizing the Manitoba Dept. of Pupblic Works to construct the
Metropolitan Winnipeg by-pass across the C.N.R. by means of an
overhead bridge, in the Rural Munic. of Springfield, Mileage 143.58
Sprague Subd.
-Authorizing the C.P.R. to remove the agent and appoint a care-
taker at Trossachs, Sask.
99778
99779
99780
99781
99782
99786
99787
Nov. 24-
Nov. 24-
Nov. 24-
Nov. 24-
Nov. 24-
-Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 124.5 Fort Frances Subd.
-Amending Order No. 94748, as amended by Order 95741, re appor-
tionment of cost of installing protection at the crossing of the C.N.R.
and County Road No. 27, near Paris, Ont., Mileage 27.66 Dundas
Subd.
-Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Glenmore Road, B.C., Mileage 118.00 Okanagan Subd.
-Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Traverse St., City of St. Boniface, Man., Winnipeg
Terminal Division.
99783 Nov. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing south of the
station at Carthey, Ont., Mileage 79.81 Newmarket Subd.
99784 Nov. 24 — Authorizing the C.N.R. to use the Christie Brown track over Preston
St., in Ottawa, Ont., for switching purposes between the hours
of 8.00 a.m. and 4.00 p.m. daily.
99785 Nov. 24 — Requiring the C.P.R. to install automatic protection at the crossing
of County Road No. 19 and its railway, near Eady Station, Ont.,
Mileage 88.5 MacTier Subd.
Nov. 24 — Amending Order No. 99633 in the matter of the widening of a level
crossing of the C.N.R. at Mileage 53.14 Letellier Subd.
Nov. 24 — Requiring the C.N.R. to install automatic protection at the crossing
of County Road No. 20 and the C.N.R. at Mileage 71.4 Newmarket
Subd., Ont.
The Queen's Printer and Controller of Stationery, Ottawa, 1959
QCije Jfoarb of
transport Commts&tonera for Canaba
Judgments, Orders, Regulations and Rulings
This publication is issiie^Kiortnightly, oh trie 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbe^»r20 cents; in quantities, 25 percent discount. Remittances should be
made to the Queen's JVfnJer, Ottawa, by> postal money orde^^express order or accepted cheque.
The use of currency ^or>this purpose ir- contrary io the-*fcdvice of the postal authorities and
entails a measure of rfl^. Postage stamps, foreign money or' uncertified cheques will not be
accepted. No extra chargexds (^de for postage on ^cuprents forwarded to points in Canada
and in the United States, bufcy^Hlfoxif postage is atfi&a.,** the selling price when documents are
mailed to other countries. Ear^^plication -dQ/tifat' be made for copies in quantities. Sub-
scriptions should be sent, in every ^a'ie^o tjf? Qj^en's Printer, Ottawa.
Authorized as Second ^Cla^Ss-^lS^ail, Post Office Department, Ottawa.
In the matter of the application of the Canadian National Railway Company,
dated December 15, 1958, for an Order under Section 168 of The Railway
Act and Section 2, Subsection 3, of the Canadian National-Canadian
Pacific Act and all other relevant statutory provisions, granting leave to
abandon the operation of the Irondale Subdivision in the Province of
Ontario between York River (Mile .0.00) and Rowland, a total distance
of 50.96 miles.
File No. 39310.68
Before:
Rod. Kerr Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Appearances:
W. G. Boyd 1
and [ for the Canadian National Railway Company.
E. D. Angers, ]
Sterling Mathers, representing the Township of Maynooth.
Willard Billings, representing the Township of Glamorgan.
E. H. Peacock, representing the Township of Snowdon.
Miss E. M. Nicol, representing the Township of Dysart.
G. W. Barr, in person.
Heard at Haliburton on October 15, 1959.
JUDGMENT
Kerr, C.C.:
The hearing of the above mentioned application took place at Haliburton,
Ontario, on October 15, 1959, after investigation in the area served by the
railway line by officers of the Board's Engineering and Operating Branches.
Due notice of the hearing was sent to the Reeve, Clerk, Secretary, or other
officers of some ten municipalities and townships in the area and to other
79141-8—1
529
530
interested parties. Only the Townships of Maynooth, Glamorgan, Snowdon
and Dysart and one shipper appeared at the hearing in opposition to the applica-
tion. Letters in opposition were received from the Provisional County of
Haliburton, the Township of Monmouth and the Improvement District of Bicroft
and several residents of the area.
The line to which the application relates is Canadian National's Irondale
Subdivision, 50.9 miles of single track railway in Ontario from York River
to Howland. At York River the line joins the Maynooth Subdivision, at
Howland it joins the Haliburton Subdivision.
The area served by the line is generally between the Haliburton Subdivision
on the west, and the Maynooth Subdivision on the east and between the
Haliburton Highlands and the Kawartha Lakes area.
The track is Class "E", which is the lowest class of Canadian National track.
In addition to stations at Howland and York River there are nine other stations
on the line. None of them is an agency or open station.
The area is fairly well served by hard surfaced highways, which are being
improved. The distance by highway from communities along the line to the
nearest stations on other subdivisions, namely, Howland, Bancroft, Haliburton,
and Kinmount, range from five miles to thirty miles. The area is extensively
wooded and is also a farming and tourist area. Industrial activity is confined
for the most part to forest products and some uranium mining.
Train service consists of one mixed train, No. 324, leaving Howland on
Wednesday mornings, and one mixed train, No. 323, leaving York River on
Thursday mornings. Prior to April last there were two round trips weekly.
The train consists of one 1200 class diesel, one coach and one baggage-express
car, plus the freight cars handled.
About 60 per cent of the rail is 56 and 70 pound rail, in poor condition and
not suitable for use elsewhere. Ballast is in fair condition. Bridges and culverts
are good, with some repairs needed. About 60 per cent of the ties were installed
in the past ten years in order to maintain service on the line, and a large
portion of these ties are treated and usable elsewhere. Prior to October, 1958,
the section force consisted of three foremen, each with three sectionmen, but
since then the force consists of one foreman and three sectionmen.
Canadian National offered evidence at the hearing respecting system
revenues, division of revenues between the branch and the system, traffic
handled, operating expenses and operating results, for the years 1955 to 1958
inclusive.
In computing system revenues the company counted the earnings accruing
from shipments on the line and also from shipments between points on the line
and points off the line; for example, on a shipment from a point on the line to,
say, Sarnia, the total freight charges on the shipment to destination were counted
as system earnings.
System revenues were shown as follows: (Exhibit 3).
Carload Traffic
Cars
Total In Out
$
47,982 31 19-
47,670 35 215
37,413 30 17(
26,684 38 1M
C.N.R. System Revenues
System Total
Year
1955
1956
1957
1958
Psgr.
Freight
Express
Misc.
$
$
$
$
250
43,437
4,151
144
172
44,414
2,898
186
160
35,050
1,977
226
134
24,867
1,350
333
In each of those years the principal carload commodities handled
logs, lumber, fuelwood, pulpwood and veneer.
wer<
531
Less-than-carload traffic was as follows: (Exhibit 5).
Tons System Revenues
1955 197 $4,559
1956 170 $4,293
1957 95 $2,733
1958 55 $2,072
In calculating the division of revenues for those years between the branch
line and system, Canadian National apportioned the waybills for the months
of February, May, July and October and the average proportion between branch
line revenue and system revenue obtained thereby was applied to the remainder
of the year. The resulting division was as follows: (Exhibit 6).
Branch Balance of
Line System Total
$ $ $
1955 7,227 40,755 47,982
1956 7,099 40,571 47,670
1957 5,628 31,785 37,413
1958 4,165 22,519 26,684
Exhibit 6 also shows Canadian National's calculation of operating results
on the branch line basis, as follows:
1955
1958
Branch
Branch
Branch
Branch Loss
Revenues
$
Expenses
$
Loss
$
Per Mile
$
7,227
118,710
111,483
2,188
7,099
116,390
109,291
2,144
5,628
122,560
116,932
2,294
4,165
121,740
117,575
2,307
Details of branch expenses were given for the four years. Those for 1958
are as follows:
Train Service $31,345
Maintenance of Equipment 8,155
Station Expenses 1,300
Maintenance of Way and Structures 73,270
Payroll burden (Unemployment Insurance, Health and
Welfare Plan, etc.) 7,670
Total $121,740
The train service amount includes $24,240 for wages and $4,900 for fuel.
Maintenance of way and structures expense includes $31,475 for labour and
$41 ,795 for material, mostly ties.
Canadian National's Exhibit 7 shows its appraisement of the effect of
operating the branch on the system as a whole. It includes the out-of-pocket
expenses of the branch above set forth, and the balance of system expenses
ncurred in handling the off-line traffic, the latter calculated on the basis that
at least 50 per cent of the system revenues for the freight and express handled
would be the expense to Canadian National of handling the traffic on the
79141-8—2
532
balance of the system. The Exhibit shows the following results for the years
1955 to 1958.
Operating Results, System Basis
1955 1956 1957 1958
$ $ $ $
System Revenues 47,982 47,670 37,413 26,684
Out-of-Pocket Expenses
Branch Line 118,710 116,390 122,560 121,740
Balance of System Expenses
50% Operating Ratio on
off-line— Freight 18,678 19,098 15,072 10,693
Express 1,637 1,145 781 533
Total $139,025 $136,633 $138,413 $132,966
Annual System Loss 91,043 88,963 101,000 106,282
Annual System Loss Per Mile .... 1,786 1,747 1,982 2,085
If operation of the line is abandoned Canadian National will incur switch-
ing expenses on its Bessemer, Coe Hill and Maynooth Subdivisions which were
estimated to amount to $32,520 if the switching had been performed in 1958,
and this amount is deductible from the $106,282 annual system loss above
mentioned, leaving $73,762 as the company's appraisement of the annual saving
on 1958 figures that would result to Canadian National from abandonment of
operation of the branch line.
Canadian National also gave figures of traffic handled during the first eight
months of 1959, which showed that the number of outbound cars dropped to
45 as compared with 70 for the same period in 1958; and that the number of
inbound cars increased but only because of heavy shipments of asphalt and
highway material, which were said to be non-recurring traffic.
Evidence was given as to bus operations and trucking operations in the
area.
The general purport of objections to the application that were made by
those who appeared at the hearing and by persons who wrote to the Board, were
that large timber in the area has become exhausted and there is only pulpwood
and fuelwood left and the line is needed for these commodities; that highway
construction is coming to a close and the farmers will go back to seasonal cutting
of trees; that a large amount of money has been spent by the company in
recent years in putting in new ties and otherwise repairing the line and struc-
tures, and this should enable operation to be carried on for some years with a
minimum of expense; and that the railway is necessary in order that railway
rates may help to hold down trucking rates.
FINDINGS AND DETERMINATION
The line has had a long and useful life and, like some other branch lines,
has handled much more traffic in former years than in latter years. The
changes that have taken place in the economy and industry of the area, coupled
with the development of paved highways and highway transportation services
by bus and truck, both private and public, have been influential in reducing
traffic handled by this branch line to a weekly average of approximately two to
three outbound cars, mostly pulpwood and forest products, and less than one
inbound car. On behalf of Canadian National it was said that on a per mile
basis this branch is one of its most unprofitable lines and that Canadian National
management sees no prospect that patronage will increase to an extent sufficient
to warrant continuance of operation of the line. The evidence supports the view
533
taken by Canadian National of future prospects for the line. The patronage in
recent years and the prospective patronage for the future are not such as to
warrant continuance of operation.
As was stated by the Board in its decision in 1935 in C.N.R. v. Tweed,
44 C.R.C. 53, the issue in each case where abandonment is sought resolves itself
into the question "whether the loss and inconvenience to the public consequent
upon the abandonment outweigh the burden that continued operation of the
railway line involved would impose upon the railway company".
In my opinion the burden that continuance of operation of this line would
impose upon Canadian National Railways greatly outweighs the loss and incon-
venience to the public that would result from abandonment.
I would grant the application and authorize abandonment of operation to
take place at any time after March 31, 1960. I feel that the area should continue
to have the services of the line during the coming winter, and shippers will
have that period to make adjustments in their transportation arrangements for
the future.
An Order will be issued accordingly.
ROD. KERR
I agree:
A. Sylvestre
I concur:
J. M. WOODARD
Ottawa, December 11, 1959.
534
ORDER No. 99948
In the matter of the application of the Canadian National Railway Company,
dated December 15, 1958, for an Order under Section 168 of The Railway
Act and Section 2, Subsection 3 of the Canadian National-Canadian
Pacific Act and all other relevant statutory provisions, granting leave to
abandon the operation of the Irondale Subdivision in the Province of
Ontario between York River (Mile 0.00) and Howland, a total distance of
50.96 miles:
File No. 39310.68
Friday, the 11th day of December, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Upon hearing the application at a sittings of the Board held in Haliburton,
Ontario, October 15, 1959, in the presence of Counsel for the Canadian National
Railway Company and representatives of the Township of Maynooth, the Town-
ship of Glamorgan, the Township of Snowdon, the Township of Dysart, and
Mr. G. W. Barr—
It is hereby ordered as follows:
1. Abandonment of operation of the Canadian National Railway Company's
Irondale Subdivision, in the Province of Ontario, between York River (Mile
0.00) and Howland, a total distance of 50.96 miles, is approved.
2. The said abandonment shall not take place until after the 31st day of
March, 1960.
ROD KERR,
Chief Commissioner.
535
(TRADUCTION)
Relativement aux tarifs d'abonnement majores, deposes a la Commission et
devant entrer en vigueur le 15 mars 1959, qui furent suspendus par
Vordonnance n° 97316 du 9 mars 1959.
Dossier n° 29984.18
Devant:
Rod Kerr, C.R., commissaire en chef.
A. Sylvestre, C.R., commissaire en chef suppleant.
L. J. Knowles, commissaire.
Ont comparu:
K. D. M. Spence, C.R.
et
A. J. Alliston,
J. W. G. MacDougall, C.R.
et
H. J. G. Pye,
Armand Poupart, C.R.
et
Jacques Viau, C.R.,
J. O. Latour, depute,
Edward Van Koughnet,
Thomas Calder,
I. j. pomerleau,
J. L. Syrkos,
Ralph Goodmurphy
et
C. Renema,
J. M. Bourbonnais, depute,
R. Bleau,
Henry de L. Harwood,
Philippe Castonguay,
Jacques Desmarais,
R. M. Gibb,
Donald B. Garfat,
pour la Compagnie de chemin de fer
\ du Pacifique-Canadien.
pour les chemins de fer Nationaux du
► Canada.
■pour la cite de Pointe-Claire.
representant Argenteuil-Deux-
Montagnes.
Beaurepaire.
representant Hudson, Hudson Heights
et Como.
Loretteville.
representant la Ligue des proprie-
taires de Fabreville.
•representant la Chambre de com-
merce junior de Roxboro.
Vaudreuil-Soulanges.
representant la Chambre de com-
merce de Tile Perrot.
representant la paroisse de Vaudreuil.
maire du village de Vaudreuil.
representant Dorion.
representant Beaconsfield.
representant de l'Association des
abonnes de Oakville.
Audiences tenues a Montreal les 19, 20, 21 et 22 mai 1959 et a Toronto le
8 juin 1959.
JUGEMENT
Rod. Kerr, commissaire en chef, et L. J. Knowles, commissaire:
Agissant en vertu de leurs pouvoirs statutaires, la Compagnie de chemin
de fer du Pacifique-Canadien, les chemins de fer Nationaux du Canada et les
chemins de fer de l'Alberta-Nord deposerent a la Commission, en fevrier 1959,
des tarifs devant entrer en vigueur le 15 mars 1959 et visant a augmenter et
a modifier d'autre facon leurs prix d'abonnement. Les tarifs etaient principale-
ment destines a supprimer les billets d'abonnement de 50 passages pour le public
79141-8—3
en general, a supprimer les billets d'abonnement de 20 passages, a porter le
taux des billets de 10 passages de 3c. a 3.5c. par mille, le prix minimum etant
de 25c. par passage, a porter de 2.3c. a 3.15c. par mille celui des billets de 40
passages pour le public en general, a porter de 0.77c. a 1.02c. par mille celui
des billets de 40 passages pour les ecoliers, a porter de 13.5c. a 18c. par passage
le prix minimum pour les ecoliers et de 20.25c. a 25c. par passage le prix
minimum d'abonnement, et a discontinuer l'emploi des billets d'aller et retour
en voiture ordinaire en territoire d'abonnement.
La Commission, ayant recu des protestations, suspendit les augmentations.
Elle rendit le 9 mars l'ordonnance n° 97316 et donna avis qu'elle tiendrait des
audiences apres le 27 avril afin de recueillir des temoignages tendant a justifier
les augmentations et des temoignages s'y opposant et elle ordonna aux chemins
de fer de deposer, au plus tard le 7 avril 1959, des exemplaires, des precis, des
temoignages qu'ils entendaient presenter et d'en remettre a la meme occasion
des exemplaires a chacune des cites, villes et municipality interessees qui
etaient representees aux audiences de Toronto, Montreal et Ottawa en 1954
dans la cause des abonnements de cette meme annee et de donner, sur demande,
des exemplaires aux avocats representant les personnes interessees et toute
association de ces personnes. L'ordonnance exigeait aussi que les parties qui
avaient l'intention de s'opposer aux augmentations de prix deposent leurs
objections a la Commission et qu'elles adressent des exemplaires de ces objec-
tions aux avocats des chemins de fer.
Des audiences furent par la suite tenues a Montreal et a Toronto apres
un avis en bonne et due forme aux interesses et une publicite considerable dans
la presse. Les renseignements supplementaires demandes par la Commission
furent fournis par les chemins de fer en juillet.
Tant avant qu'apres les audiences, la Commission a effectue des recherches
pour son propre compte par l'intermediaire de son personnel de l'exploitation,
du traflc, de 1'economique et des finances, au sujet des differentes caracteristiques
du fonctionnement, des depenses et des recettes du service d'abonnement,
principalement au sujet du service de banlieue Montreal-Rigaud du Pacifique-
Canadien. Nous considerons ce service comme un service d'abonnement typique
pour l'etablissement de prix raisonnables pour les abonnements en general.
LE PROBLEME DES ABONNEMENTS
Le jugement sur les abonnements, rendu par la Commission le 29 mars
1956, 73 C.R.T.C., 193 et autorisant certaines augmentations des prix d'abonne-
ment, lassait entendre que les taux d'abonnement seraient retires, dans un avenir
previsible, du domaine de la controverse entre les abonnes et les chemins de fer.
Cet espoir ne s'est pas realise; les augmentations de prix accordees alors n'ont
pas resolu le probleme. Celui-ci existe tou jours non seulement dans les regions
de Montreal et d'Ottawa mais aussi dans les grandes villes des Etats-Unis, et
les facteurs existants sont semblables dans presque toutes les regions: con-
centration du traflc d'abonnement sur une periode d'environ deux heures le
matin et d'environ deux heures le soir, cinq jours par semaine; chomage du
materiel en dehors des heures de pointe ainsi que le samedi et le dimanche;
augmentation des depenses d'exploitation.
Le United States Senate Committee on Interstate and Foreign Commerce
a recemment enquete sur le probleme des abonnements. Ce comite, sans aucun
doute puissant et pleins de ressources, a dit dans son rapport que la solution du
probleme n'est pas manifeste et que, vu que les solutions pouvant etre trouvees
presentent un caractere essentiellement local, il a juge opportun de laisser aux
organismes locaux de l'Etat le soin de chercher des solutions expressement
adaptees a leur probleme particulier.
Des commissions et autres organismes ont aussi enquete sur les problemes
des abonnements aux Etats-Unis. M. Thomas Calder, representant Hudson,
537
Hudson Heights et Como a l'audience de Montreal dans la presente cause, a
consigne des renseignements a ce propos et s'est reporte a des articles publies
dans le New York Times, le Wall Street Journal et le Business Week. En
reponse a une question sur les principaux remedes preconises dans ces articles,
il a repondu "qu'il conviendrait d'accorder une subvention quelconque pour les
encourager a aller de l'avant et a maintenir leurs services d'abonnement". La
Commission etait au courant de ces articles et des mesures qu'on est a prendre
aux Etats-Unis au sujet des services d'abonnement. Dans certaines regions,
les autorites publiques y ont fourni de l'aide financiere aux chemins de fer pour
les aider a faire face aux depenses qu'entrainent ces services.
En mai de cette annee, l'lnterstate Commerce Commission a redige un
rapport sur les deficits des trains-voyageurs (Railroad Passenger Train Deficit),
a la suite d'une enquete approfondie effectuee en mars 1956. Le rapport
renferme un chapitre sur le probleme des abonnements, et la recommandation
n° 4 de cette Commission concernant les services d'abonnement se lit ainsi:
"4. Si les chemins de fer sont incapables d'exploiter avec profit un
certain service local ou d'abonnement et que ce service est indispensable
a la collectivite ou aux collectivites desservies, des mesures seront prises
par l'Etat ou les autorites locales, ou les deux pour assurer le service en
payant au transporteur les frais augmentes d'un profit raisonnable."
Le commissaire Arpaia, qui est de cet avis, a fait, sur les problemes des
abonnements aux Etats-Unis, des remarques supplementaires dont nous citons
les paragraphes suivants:
"Quiconque est interesse au transport se rend compte depuis long-
temps de la necessite du service d'abonnement. La presente enquete
souligne les difncultes qui l'entourent. A date, les gouvernements locaux,
les chambres de commerce representant le bien-etre economique de la
collectivite et les particuliers dependant du service d'abonnement ont en
general pris une attitude negative et passive. Leur interet se ramene a
assurer un service d'abonnement rapide, efficace et confortable a bas tarif.
Mais leur interet s'arrete la, se fondant sur l'hypothese que la responsabilite
de supporter les frais de ce service incombe uniquement aux chemins de
fer et que, si de l'aide financiere est necessaire, elle devrait venir du
gouvernement federal. Ces groupes, qui sont les plus directement
interesses, n'ont mis de l'avant aucun plan d'action concret. La legislation
de date recente de l'Etat de New York dans ce domaine marque un pas
dans la bonne voie.
Chaque collectivite qui veut conserver un service non rentable se
devrait d'accorder une aide quelconque, sous la forme soit d'une exemp-
tion de taxe ou d'un revenu annuel minimum garanti, soit sous la forme des
deux a la fois. Chaque collectivite situee sur la ligne ainsi que le centre
metropolitain a la tete de cette ligne devraient participer a ces mesures,
puisque le service leur est utile. II est possible d'en venir a une entente
a ce sujet en faisant de veritables efforts.
II n'y a pas de raisons pour que la population du pays, par des sub-
ventions ou des taxes, ou que les expediteurs de marchandises, aient a
aider a defrayer un service-voyageurs local. Une vigoureuse action en
commun de la part des collectvites qui soutiennent que le service est indis-
pensable a leur bien est absolument necessaire pour obtenir une solution
satisfaisante."
Plusieurs annees avant ces declarations, notre Commission, dans son juge-
ment du 18 fevrier 1955, 72 C.R.T.C., 72, avait parle de l'interet direct que
presente le probleme des abonnements pour les collectivites locales, dans les
termes que voici:
"II en resulte done que les abonnes, les chemins de fer et la Commission
se rendent compte que, par suite de la marche du temps et des evenements,
79141-8— 3i
538
l'encombrement croissant des regions metropolitaines et des voies qui y
menent est une preoccupation qui ne touche plus seulement les abonnes,
les chemins de fer et la Commission, mais que toute solution, pour etre
au moins partiellement couronnee de succes, requiert l'interet et l'aide des
autorites gouvernementales et des autres organismes publics qui sont le
plus directement touches."
La Commission est encoure prete aujourd'hui a seconder tout effort en vue
d'une solution.
Diverses municipalites de banlieue touchees ont presente des memoires
a la Commission dans la presente cause et ont ete representees aux audiences
publiques mais les cites de Toronto et de Montreal n'ont pas presente de
memoires et n'ont pas comparu aux audiences.
AUGMENTATION DES PRIX D'ABONNEMENT DEPUIS LA FIN
DE LA SECONDE GUERRE MONDIALE
Les prix d'abonnement furent fixes en 1920, 25 C.R.C., 409, et ce n'est
qu'en 1950 qu'ils furent augmentes pour la premiere fois alors que la Commis-
sion autorisait une augmentation atteignant 20 p. 100, dans son jugement du 21
septembre 1950, 66 C.R.T.C., p. 98.
En mai 1954, les chemins de fer demandaient a la Commission la permission
de faire de nouvelles augmentations, atteignant jusqu'a 100 p. 100, en deux
etapes: 50 p. 100 immediatement, 50 p. 100 six mois plus tard. La Commission
tint des audiences a Toronto et a Montreal. Le principal grief a Toronto avait
trait au service, ou plutot au manque de service, plutot qu'aux augmentations
de tarif proposees. Dans la region de Montreal, les municipalites de la banlieue
s'unirent pour retenir les services d'un avocat et d'un comptable agree et
s'opposerent vigoureusement aux augmentations proposees. Apres de nom-
breuses conferences, apres une enquete par le personnel de la Commission
et apres des audiences, la Commission autorisait des augmentations qui etaient
en substance les augmentations demandees mais elle repartit l'entree en vigueur
de ces augmentations sur une periode plus etendue que ne l'avaient propose les
chemins de fer en premier lieu. Comme resultat, 50 p. 100 des augmentations
accordees furent appliquees dans la region de Toronto en septembre 1954 et dans
la region de Montreal en mars 1955, puis 25 p. 100 en mai 1956 et 25 p. 100 en
mai 1957. Les jugements de la Commission autorisant les augmentations portent
les dates du 4 aout 1954, 71 C.R.T.C., 138, du 18 fevrier 1955, 72 C.R.T.C., 72,
et du 29 mars 1956, 73 C.R.T.C., 193.
OBJECTIONS SOULEVEES PAR LES AUGMENTATIONS PROPOSEES
Dans le cas qui nous occupe, la Commission a recu de nombreuses protesta-
tions contre les augmentations. Certaines des protestations furent repetees
aux audiences de Montreal et de Toronto par les personnes qui y ont comparu,
mais d'autres ne furent pas appuyees par des temoins ou des comparutions aux
audiences. Toutes furent etudiees par la Commission. Les objections principales
et les plus frequentes furent les suivantes:
1. Depuis 1950, il y a eu des augmentations successives des prix d'abonne-
ment de 20 p. 100 et de 100 p. 100.
2. Beaucoup d'abonnes n'ont pas les moyens de payer les prix augmentes
et subiront des privations si ces prix deviennent en vigueur.
3. Les augmentations forceront les residents des agglomerations des
banlieues a demenager a Montreal et a Toronto, ou a s'en rapprocher,
et feront deprecier les proprietes des agglomerations de banlieue et elles
entraveront leur croissance.
4. Les augmentations detourneront les voyageurs des chemins de fer et
elles iront a l'encontre du but propose.
539
5. Beaucoup de personnes ont etabli leur foyer dans des agglomerations de
banlieue en comptant sur le maintien de taux d'abonnement favorables.
6. Les services-voyageurs dans l'ensemble et certains services-voyageurs
en particulier sont assures a perte par les chemins de fer; les services
d'abonnement ne devraient pas par consequent avoir a faire leurs frais.
7. Ces augmentations porteront les prix d'abonnement presque au niveau de
ceux des voitures de premiere classe et des voitures ordinaires et elles
imposeront aux abonnes une trop grande partie des frais de services-
voyageurs.
8. Les recettes de services d'abonnement devraient etre creditees des
montants que les employes ferroviaires qui utilisent ces services paie-
raient s'ils payaient les memes prix que les abonnes.
9. II devrait y avoir une reduction graduelle des prix pour les distances
plus considerables.
10. Les chiffres des depenses des chemins de fer pour les services d'abonne-
ment sont excessifs et ne montrent pas les veritables debours.
11. Les services d'abonnement sont pitoyables; les chemins de fer sont
inefficaces; les demandes des employes de chemin de fer sont immoderees.
12. Les chemins de fer ont l'obligation d'assurer les services d'abonnement,
meme si les recettes qui en proviennent ne couvrent pas les debours.
13. L'usage des billets d'aller et retour de voiture ordinaire ne devrait pas
etre abandonne.
ANALYSE DES AUGMENTATIONS PROPOSEES
Comme nous l'avons dit ailleurs dans le present jugement, le service
Montreal-Rigaud du Pacifique-Canadien nous sert en general de critere dans
l'etablissement des prix d'abonnement.
Les prix proposes ne comportent aucune augmentation des billets de 10
passages entre Montreal, Westmount et Montreal- Ouest, parce que les prix
actuels sont fondes sur le prix regulier maximum ou le plein prix de voiture
ordinaire pour les distances en cause, avec minimum de 25c. par passage. Les
tarifs proposes pour les billets de 40 passages comportent cependant une
augmentation atteignant jusqu'a 25c. par passage entre Montreal, Westmount et
Montreal-Ouest.
Les chemins de fer ont, vu les prix maximums a Westmount et a Montreal-
Ouest et les fortes perceptions au comptant aux barrieres a ces deux endroits
au plein prix simple, separe dans leurs pieces a l'appui ces deux points du
reste du territoire, l'augmentation ne pouvant etre que tres faible dans la
region Montreal-Westmount-Montreal-Ouest.
La region s'etendant de Montreal-Ouest a Rigaud est par consequent con-
sidered comme la principale region d'abonnement pour les fins de la presente
cause.
Le taux maximum actuel regulier de parcours milliaire est de 4.4c. par
mille (minimum de 25c. par passage) et le taux actuel de voiture ordinaire
pour Taller seulement est de 3.675c. par mille (minimum de 25c. par passage
egalement). Les prix d'aller et retour sont de deux passages d'aller de premiere
classe moins 10 p. 100, et de deux passages d'aller de voiture ordinaire moins
5 p. 100, le minimum etant de 50c.
En resume, le pro jet des chemins de fer consiste a augmenter les billets
de 10 passages d'environ 17 p. 100 de facon a en porter le prix a environ celui
d'un passage d'aller et retour en voiture ordinaire et d'augmenter de 37 p. 100
les billets de 40 passages. Voici un etat comparatif des prix actuels de voiture
ordinaire et des prix d'abonnement, actuels et proposes, avec des exemples des
augmentations cumulatives depuis l'annee 1950:
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Depuis 1949, l'augmentation cumulative des prix d'abonnement pour les
billets de 40 passages, y compris les augmentations proposees, aurait ete
d'environ 197 p. 100 comparativement a une augmentation de 10 p. 100 du prix
regulier maximum de parcours milliaire pour aller seulement et de 24 a 37 p. 100
du prix de voiture ordinaire pour aller seulement. Nous pourrions egalement
souligner que le pourcentage de l'augmentation generale des tarifs-
marchandises moyens depuis le 6 avril 1948, alors que ces augmentations ont
commence a s'aecumuler, a ete de 157 p. 100 (actuellement reduite a 142 p. 100
par une subvention du gouvernement du Canada).
D'autres comparaisons peuvent aussi etre faites. La Piece n° 3 renferme
une comparaison des recettes et du rendement par mille des differents genres
de billets vendus dans la region d'abonnement Montreal-Rigaud, montrant les
recettes estimatives de 1954, les recettes prevues en se fondant sur une aug-
mentation de 100 p. 100 pour 1954 et les recettes reelles de 1958 apres l'entree
en vigueur de l'augmentation de 100 p. 100, ainsi qu'il suit:
79141-8—4
544
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A l'aide de la Piece 6, nous pouvons aussi comparer les recettes moyennes
par mille-voyageurs:
Recettes du reseau Recettes du service Montreal-
Annee par mille-voyageurs Rigaud par mille-voyageurs (*)
(cents) (cents)
1949 2.72 .92
1954 2.82 1.25
1958 3.08 2.36
1959 Propose 3.38
*A l'exclusion de la perception aux barrieres a Westmount et a Montreal-
Ouest.
Les chiffres ci-dessus demontrent que, bien que les recettes des abonnements
par mille-voyageurs aient ete invariablement inferieures a celles de la moyenne
de tout le reseau, les chemins de fer proposent maintent qu'elles soient de
10 p. 100 superieures.
D'autres considerations pertinentes ressortent de l'examen de la Piece n° 3:
le fait que la vente des billets de 10 passages est passee, de 1954 a 1958, du
chiffre estimatif de $25,797 au chiffre reel de $114,531, alors que la vente des
billets de 40 passages pour adultes est passee du chiffre estimatif de $683,690
au chiffre reel de $551,305. II s'est produit en outre une baisse d'environ
$20,000 dans l'achat des billets de 20 passages et une autre baisse de $20,000
dans l'achat des billets de 50 passages, ce qui indique que les abonnes ont
delaisse dans une grande mesure l'achat des billets de 20, de 40 et de 50
passages pour les billets de 10 passages. L'abandon des billets de 40 passages
pour ceux de 10 passages s'expliquerait surtout, selon un temoin du Pacifique-
Canadien, par le fait que les abonnes trouveraient plus commode de payer
leurs passages a la semaine plutot qu'au mois, meme si le billet de 10 passages
coute plus cher par passage que le billet de 40 passages, ce qui equivaut a dire
qu'avec l'augmentation de 116 p. 100 du prix des abonnements, bien des
voyageurs ne debourseront pas la somme considerable necessaire pour l'achat
d'un billet de 40 passages. L'augmentation de la perception aux barrieres a
Montreal-Ouest, qui est passee du chiffre estimatif de $14,259 en 1954 au chiffre
reel de $55,224 en 1958 et celle de la perception au comptant par les agents de
trains, qui est passee du chiffre estimatif de $49,704 en 1954 au chiffre reel de
$127,455 en 1958. (Les perceptions au comptant par les agents ont ete
effectuees probablement surtout au dela de Montreal-Ouest.) Ces augmenta-
tions semblent aussi indiquer que certains voyageurs ne deboursent pas d'argent
pour acheter des billets de 10 passages mais qu'ils achetent des billets simples
dans la region d'abonnement, en depit du cout moins eleve par passage des
billets d'abonnement.
Comme le nombre relatif de voyageurs ne pouvait etre determine par
l'etude des Pieces 3 et 6, la Commission a demande des renseignements sur le
79141-8—44
546
nombre de voyageurs durant ces deux periodes et, en consequence, le Pacifique-
Canadien a depose la Piece 8 (qui est partiellement un etat estimatif, comme il
est indique) qui suit:
Voyageurs payants transportes
Service de banlieue Montr eal-V audreuil-Rigaud
Annee
1954
Westmount et Montreal-Ouest —
Perception aux barrieres 128,990
Billets d'abonnement 672,330
801,320
Augmentation
Annee ou
1958 (Diminution)
240,365
298,610
120,375
(373,720)
547,975 (253,345)
Au dela de Montreal-Ouest —
Billets d'abonnement 1,877,790
Billets reguliers et autres (*) . 410,058
Perception au comptant par les
agents de trains (*) 99,408
2,387,256
1,848,830
315,251
231,736
2,395,817
( 28,960)
( 94,807)
132,328
8,561
(*) Calcule d'apres les recettes et le prix de passage pour la distance moyenne
(14 milles) parcourue par les abonnes.
Les chiffres statistiques ci-dessus font voir une grande diminution du
nombre des abonnes qui utilisent les trains Montreal-Westmount-Montreal
Ouest, attribuable sans doute en grande partie au fait que le prix minimum a
ete porte a 25c, alors que celui de l'autobus est de 15c. lis indiquent egalement
qu'en quatre ans l'augmentation du nombre global de voyageurs transportes
dans la region d'abonnement au dela de Montreal-Ouest, y compris Rigaud, a
ete de seulement quatre dixiemes pour cent. Le fait est surprenant a cause de
l'augmentation bien connue de la population dans la region d'abonnement et
de la discontinuation en 1955 du service d'abonnement du National-Canadien
dans la region Montreal- Vaudreuil, qui devait, croyait-on, a j outer un nombre
considerable d'abonnes au service du Pacifique-Canadien. La Piece 8 indique
done qu'un grand nombre des abonnes possibles du train voyagent par autobus
ou automobile privee plutot que de payer les prix augmentes.
Une autre remarque s'impose au sujet des augmentations proposees: les
chemins de fer proposent d'augmenter de 17 p. 100 le prix des billets de 10
passages et de 37 p. 100 celui des billets de 40 passages; cette difference tendrait
a decourager davantage l'emploi des billets de 40 passages.
DEPENSES DES SERVICES DE BANLIEUE MONTREAL-RIG AUD
DU PACIFIQUE-CANADIEN
Au debut d'avril de la presente annee, conformement aux instructions de
notre ordonnance n° 97316, le Pacifique-Canadien a depose les etats nos 1 et 2,
qui indiquent que les depenses du service de banlieue Montreal-Rigaud ont
ete de $1,360,879 pour l'annee 1958 et de $1,313,150 pour l'annee 1959 (chiffres
etablis par deduction).
547
Les depenses indiquees pour l'annee 1959 sont etablies d'apres l'exploitation
de 1958 et refletent pour une annee entiere le niveau des taux de salaire connus
ou devant etre en vigueur a la fin de 1959, la revision des taux d'amortissement
des locomotives diesel de ligne et des voitures a voyageurs, la reduction estima-
tive des depenses attribuable aux modifications proposees du service de trains de
banlieue et a la discontinuation de l'utilisation de Glen Extension pour
l'entretien et la reparation des voitures ordinaires et un ajustement du cout
du transport des fonctionnaires et des employes du Pacifique-Canadien.
Le chemin de fer a calcule ces depenses en se fondant, d'apres ses temoins,
sur ce que ces derniers ont appele les depenses evitables, c'est-a-dire le calcul
de seulement les depenses qui seraient evitees si les services n'etaient pas
assures.
Subsequemment, l'etat n° 1 (revise) et l'etat n° 2 (revise) furent deposes
par le Pacifique-Canadien et recus en preuve a l'audience de Montreal. Ces etats
font voir peu de changement dans les depenses globales mais des changements
considerables dans les differents postes.
Les depenses figurant a l'etat n° 1 et a l'etat n° 1 (revise) pour 1958 sont
les suivantes:
Etat
Etat n° 1 n° 1 (revise )
DEPENSES:
Salaires des equipes de train et de locomotive .
.$ 272,976
$ 272,976
Combustible et eau
. 187,146
187,146
Remises a locomotives, lubrifiants et autres
fournitures
29,381
29,381
Trains — fournitures et autres depenses
125,673
196,288
Aiguillage de tete de ligne
104,381
39,140
Dispatching des trains, employes de gare et
depenses de gares
38,503
38,503
Impression des billets
1,176
1,176
Reparation et entretien — Locomotives
62,971
62,994
— Voitures a voyageurs
. 160,620
160,620
— Voie ferree
22,740
22,740
— Gares
2,363
2,363
Amortissement — Locomotives
39,348
36,461
— Voitures a voyageurs
114,300
114,300
— Voie ferree
11,976
11,976
— Ouvrages
9,960
9,960
Autres frais de transport et d'entretien
25,059
25,139
$1,208,573
$1,211,163
Cout des capitaux (a l'exclusion de l'impot sur
le revenu)
201,600
199,180
$1,410,173
$1,410,343
A deduire: cout du transport des titulaires de
passe
49,294
49,494
Depenses globales
$1,360,879
$1,360,849
548
Une comparaison semblable des depenses figuiant a l'etat n° 2 et a l'etat
n° 2 (revise) du Pacifique-Canadien pour l'annee 1959 est donnee ci-dessous:
DEPENSES:
Etat
Etat n° 2 n° 2 (revise )
Depenses estimatives— 1958 . . $1,410,173 $1,410,343
A ajouter: augmentation es-
timative des depenses
occasionnees
par les taux de salaire . . . $39,522 $39,155
par les taux d'amortisse-
ment 11,963 51,485 11,963 51,118
1,461,658 1,461,461
Moins: Reduction estimative
des depenses attribuable aux
modifications
proposees du service de trains 93,032 93,032
Discontinuation de l'emploi
de Glen Extension pour
l'entretien et la reparation
des voitures ordinaires de
banlieue 31,909 31,909
La moitie du cout du trans-
port des fonctionnaires et
employes du P.-C 23,567 148,508 23,555 148,496
Depenses globales $1,313,150 $1,312,965
Des depositions importantes furent faites a l'audience de Montreal au sujet
des depenses ei-dessus, y compris les augmentations de salaire et les frais de
main-d'ceuvre depuis la derniere augmentation des prix d'abonnement en mai
1957. Les temoins du Pacifique-Canadien donnerent des details sur les depenses
et sur la facon dont elles avaient ete calculees ainsi que des explications sur les
differences entre les chiffres des etats nos 1 et 2 et ceux des etats nos 1 et 2
(revises) .
Un poste qui accuse une baisse considerable est celui de l'aiguillage de tete
de ligne, lequel est reduit d'environ $65,000, soit de $104,381 dans l'etat n° 1 a
$39,140 dans l'etat n° 1 (revise). L'explication donnee est que le premier
chiffre est une estimation et que le chiffre revise a ete obtenu a la suite d'une
etude de la duree des mouvements d'aiguillage, pendant lesquels un commis du
transport voyageait a bord des trains, ainsi que d'une etude de la duree reelle
des mouvements.
Un poste qui fait voir une grande augmentation est celui des fournitures
et depenses des trains, qui a augmente d'environ $71,000, soit de $125,673 dans
l'etat n° 1 a $196,288 dans l'etat n° 1 (revise). L'explication donnee est que le
chiffre du nettoyage des voitures, sous ce poste, dans l'etat n° 1 est une estima-
tion, tandis que le chiffre de l'etat n° 1 (revise) est fonde sur une etude, effectuee
pendant les derniers jours d'avril et pendant le mois de mai 1959, de la duree
reelle des travaux de nettoyage effectues au cours de la periode d'etude sous
la surveillance directe du contremaitre en chef des wagons a la gare de triage
Glen et du maitre mecanicien divisionnaire. Ordinairement, ces travaux ne
sont pas executes sous la surveillance directe de fonctionnaires de rang aussi
eleve.
549
Nous avons examine les depenses indiquees par le Pacifique-Canadien ainsi
que les depositions faites a leur sujet, nous les avons comparees aux chiffres des
services de banlieue du National-Canadien, nous avons eu l'avantage de con-
suiter nos propres fonctionnaires qui possedent une grande experience de ces
services et qui ont personnellement enquete sur les depenses et les services
et nous avons juge a propos, pour les fins de la tarification a cette occasion, de
faire certaines corrections aux chiffres des depenses et recettes des etats revises
du Pacifique-Canadien, de la fagon indiquee ci-apres.
En agissant ainsi, nous agissons conformement a ce que la Commission
declarait dans son jugement du 18 fevrier 1955 sur les abonnements, a savoir,
que dans 1'accomplissement de ses fonctions administratives concernant les
allocations equitables et raisonnables a l'egard des debours, elle devrait etre
libre d'accorder toute l'attention necessaire non seulement au principe d'operer
des deductions sur les debours effectivement reclames par le chemins de fer mais
aussi au principe d'ajouter a ces debours lorsque, de l'avis de la Commission,
les circonstances praticulieres le justifient.
Les debours sont une question de fait, et au sujet des questions de fait,
la Cour supreme du Canada a declare dans la cause N.-C. contre la Compagnie
de telephone Bell du Canada, 50 C.R.T.C., 10, qu'en se prononcant sur une
question de fait, la Commission doit inevitablement avoir recours a son
experience sur ces sujets dans le grand nombre de cas dont elle est saisie
ainsi qu'a l'experience de ses conseillers techniques.
Bien que nous ayons apporte des redressements a certains postes, il s'en
trouve d'autres qui, a notre avis, n'en ont pas besoin.
Emploi de quatre mois de 31 jours:
Les chiffres estimatifs de l'annee 1958 etaient fondes, dans bien des cas,
sur quatre mois de 31 jours, a savoir, mars, mai, juillet et octobre, et le total
de ces mois etait multiplie par trois pour donner une idee de toute une annee.
Pour les postes de depenses (et de recettes) qui varient avec le nombre de
jours dans un mois, cela donnerait une annee de 372 jours. Bien que ces sept
jours de trop auraient pu etre contre-balances par d'autres facteurs, comme le
caractere saisonnier des quatre mois choisis, nous ne croyons pas qu'il en soit
ainsi. Nous sommes d'avis que dans certains cas les chiffres estimatifs de 1958
portent sur 53 semaines au lieu de 52 et que les depenses (et vraisemblable-
ment les recettes) ont ete exagerees. Nous faisons done une reduction de 2 p.
100, rectification qui ramene approximativement de 53 semaines a 52 semaines,
pour les postes ou les depenses (et les recettes) ont tendance a varier avec le
nombre de jours du mois.
Les postes de depense auxquels la reduction de 2 p. 100 a ete appliquee
sont les salaires des equipes de train et de locomotive, les frais de combustible
et d'eau, les depenses de remises a locomotives (materiaux), les fournitures et
depenses des trains (materiaux), les reparations de locomotives (materiaux),
l'entretien des voies ferrees et l'amortissement des voies ferrees; la reduction
effectuee a ces postes est compensee en partie par une reduction au poste "autres
prix de passage" afin de corriger de facon semblable les recettes.
Frais de combustible et d'eau — $187,146
Le Pacifique-Canadien a calcule le cout du charbon en multipliant le nombre
de tonnes consommees par mois, inscrit par les mecaniciens de locomotive sur
leurs billets de voyage, par le prix moyen par tonne dans le district de Quebec
pour le mois en cause. Des calculs semblables ont servi a trouver les depenses
de combustible diesel. Les totaux des quatre mois choisis multiplies par trois
ont donne une depense annuelle globale de combustible de $180,036.
550
Le cout de l'eau a ete etabli a $7,110 en utilisant le rapport de 1956 de la
depense pour l'eau a la depense de combustible des locomotives a vapeur dans
le district de Quebec.
Nous croyons que le chiffre estimatif de la consommation de charmon, etabli
d'apres les billets de voyage, exagere la consommation reelle. Le chiffre
estimatif de la consommation d'eau a un rapport direct avec celui de la con-
sommation de charbon. Nous sommes d'avis que le cout global du charbon et
de l'eau devrait etre reduit de 10 p. 100.
Depenses des remises a locomotives, lubrifiants et autres approvisionnements —
$29,381
Au cours de notre examen de l'exploitation pour Vaudreuil et Rigaud,
nous avons constate que les frais de main-d'oeuvre etaient reduits pendant
l'ete a l'egard de deux chefs d'equipe et d'un gardien de locomotives-nettoyeur
de wagons. Cette reduction n'avait pas entierement trait aux depenses des
remises a locomotives mais nous estimons que les depenses reduites de main-
d'oeuvre approchent le salaire de deux chefs d'equipe pendant six mois on d'un
chef d'equipe pendant un an, et nous avons reduit ce poste en consequence.
Fournitures et depenses de trains — $196,288
II a deja ete fait mention de l'augmentation considerable du montant de ce
poste a l'etat n° 1 (revise) par rapport a celui de l'etat n° 1.
Cette categorie de depenses comprend: a) le nettoyage des voitures,
$170,355; b) le chauffage des voitures, $9,992; c) l'eclairage des voitures,
$11,759; d) la glace et l'eau pour les voitures, $549; et e) le graissage des
voitures ainsi que d'autres depenses, $3,633.
Nous avons compare le cout estimatif du Pacifique-Canadien du nettoyage
par voiture par annee dans le service de banlieue en 1958 ($3,276) avec celui
de 1954 ($1,120), avec celui du National-Canadien de 1954 ($1,419), avec la
moyenne du reseau de 1958 du Pacifique-Canadien pour ses voitures ($1,051),
y compris celles de tete, et avec le cout estimatif du National-Canadien pour
1958 dans le service de banlieue ($1,822), etabli d'apres une periode d'etude.
Nous sommes d'avis que le chiffre estimatif ($170,355) du Pacifique-
Canadien pour le nettoyage des voitures est trop eleve. L'estimation serait plus
exacte si le nettoyage courant etait toujours fait comme il l'a ete pendant la
periode d'etude et sous une surveillance semblable, mais l'etat du materiel de
banlieue a Vaudreuil et a Rigaud, selon la constatation de nos enqueteurs, et
nos recherches sur le nettoyage des voitures, ainsi que les comparaisons
ci-dessus, nous portent a croire que ce poste de depenses est exagere et nous
estimons que $2,000 par voiture par annee est un chiffre equitable a allouer
pour les depenses de nettoyage des voitures dans le service de banlieue
Montreal-Vaudreuil-Rigaud. A ce compte, le total annuel pour 52 voitures
serait de 104,000.
Dispatching, employes de gare et depenses de gare $38,503
Le chiffre estimatif du dispatching etait de $6,899, ce qui representait le
salaire d'un agent regulateur (dispatcher) a Smith's Falls.
Au cours de la reorganisation qui eut lieu cette annee, une position d'agent
regulateur de trains dont le titulaire s'occupait du territoire de banlieue de
Rigaud et de Vaudreuil a ete abolie et le travail a ete reorganise sans augmenta-
tion de personnel. Nous avons done reduit le chiffre estimatif de la Compagnie
du montant du salaire d'un agent regulateur a Smith's Falls.
551
Reparation des locomotives — $62,994
Le montant de $5,766 pour les materiaux de reparation des locomotives
diesel de manoeuvres a ete etabli d'apres le nombre d'heures de manoeuvres de
triage, converties en milles. Nous faisons une reduction de 60 p. 100 en harmonie
avec la reduction effectuee aux depenses d'aiguillage de tete de ligne a l'etat
n° 1 (revise).
Cout du transport des titulaires de passe — $49,494
La question controversee du cout du transport des titulaires de passe et
des employes de chemin de fer a fait le sujet d'une discussion prolongee au
cours de l'audience de 1954. A cette epoque, les avocats des municipalities
avaient soutenu que les chemins de fer devraient crediter leurs recettes des
recettes supposees provenir du transport des titulaires de passe comme si les
titulaires de passe payaient les pleins prix d'abonnement. Les chemins de
fer, de leur cote, avaient soutenu que, dans le calcul des debours et des recettes,
ils devraient deduire des depenses les frais d'exploitation des voitures supple-
mentaires necessaires pour le transport des titulaires de passe, y compris les
frais de reparation, d'amortissement et d'entretien de la voie ferree, les autres
frais de transport et d'entretien et le cout des capitaux pour les voitures
supplementaires, mais ne devraient pas crediter les recettes supposees provenir
des titulaires de passe. La Commission a fait ses observations sur ces plaidoyers
dans son jugement sur les abonnements en date du 29 mars 1956, mais elle a
trouve inutile de se prononcer sur les avantages de l'une ou l'autre de ces
methodes parce que, apres avoir calcule les effets de l'application de chaque
methode en tenant compte de tous les autres postes de depenses et de recettes,
elle etait d'avis qu'avec les taux proposes les chemins de fer ne devraient pas
retirer des recettes superieures aux debours imputables a juste titre au service
d'abonnement.
En vertu des dispositions de Particle 350 de la Loi sur les chemins de fer,
les chemins de fer peuvent transporter leurs propres employes gratuitement ou
i a prix reduit, mais le transport de trafic en vertu de cet article peut etre
etendu, restreint, limite ou soumis a certaines conditions par la Commission.
Dans les services d'abonnement en cause, les chemins de fer se sont departis
cette annee de leur coutume de transporter gratuitement les employes de chemin
de fer, car chacun d'eux demande maintenant a ses propres employes 50 p. 100
du prix d'abonnement et le plein prix d'abonnement aux employes des autres
chemins de fer. Dans ses etats des recettes et depenses, le Paciflque-Canadien
a, dans ce cas-ci, debite la moitie du cout du transport de ses propres employes
a titre de depenses des services de banlieue et credite ces services aux recettes
reelles recues des employes.
Nous supposons que, dans le passe, les chemins de fer ont juge que le
transport gratuit on a prix reduit de leurs employes etait a l'avantage de leurs
relations d'employeur a employe. Quel que soit l'avantage retire, rien a ce
sujet n'a ete credite par les chemins de fer dans leurs recettes dans la
presente cause.
Si les debours devaient etre reduits d'un montant egal a la moitie du cout
du transport des fonctionnaires et employes du Pacifique-Canadien sur le
■service de banlieue Montreal-Rigaud, et que les recettes montraient les demi-
prix reellement recus, nous considerons que le calcul devrait etre effectue en
supposant que 6.5 voitures sont necessaires pour le transport de ces personnes
au lieu de cinq comme dans le calcul du Pacifique-Canadien, vu qu'environ
12 p. 100 des personnes transporters vers Montreal et 13 p. 100 des personnes
transportees de Montreal etaient des titulaires de passe, c'est-a-dire des
fonctionnaires et employes du Pacifique-Canadien. Cependant, en ce cas-ci
552
nous suivons la meme procedure que dans le jugement du 4 aout 1954; nous
n'operons aucun redressement des debours mais nous calculons les recettes
comme si les fonctionnaires et employes avaient paye le plein prix d'abonnement.
Cout des capitaux — $199,180
Une somme representant le cout des capitaux avait ete incluse, a titre
de depense, par les chemins de fer dans leur requete de 1954; elle fut etudiee
lors des audiences tenues a propos de cette requete. Dans la cause actuelle,
le Paciflque-Canadien a inclus a titre de debours ou de depense evitable de
l'annee 1958 un poste de $199,180 pour le cout des capitaux. On a explique
que ce chiffre provenait de l'application d'un taux de 6.5 p. 100, qui est, pretend
le Pacifique-Canadien, le cout a long terme des capitaux pour son entreprise
ferroviaire, a la moitie de la valeur comptable des locomotives et des voitures
utilisees dans le service de banlieue et a la moitie de la proportion de l'outillage
de Glen Yard Extension utilise pour ce service. Ce dernier poste a ete elimine
dans l'etat de l'annee 1959, qui, compte tenu des autres redressements, a reduit la
somme a $172,457. Les valours comptables des locomotives et des voitures
utilisees dans l'etat estimatif de 1958 etaient les suivantes:
5 locomotives a vapeur au service de ligne $ 734,486
1 locomotive diesel au service de ligne 216,660
1 locomotive au service de triage 19,481
40 voitures ordinaires de banlieue, moins 5 p. 100 de leur
valeur comptable pour le service de la fin de la semaine 3,431,843
7 voitures ordinaires en acier 268,121
4 autorails diesel 782,630
$5,453,221
De l'avis de la Commission, une partie de la somme allouee pour le cout
des capitaux depenses pour l'achat de materiel utilise dans le service de banlieue
peut a juste titre etre incluse comme debours on depense evitable de l'exploita-
tion de ce service. Nous n'acceptons pas comme raisonnable le taux de 6.5%
a employer a ce sujet mais, compte tenu du cout du materiel effectivement utilise
dans ce service et du degre d'amortissement inscrit aux registres de la
Compagnie, nous ne croyons pas que le montant debite dans le present cas soit
excessif.
Depenses globales admises
Les reductions et redressements que nous avons faits aux debours, ainsi
que la facon dont nous avons traite la question du transport des fonctionnaires
et employes du Pacifique-Canadien et celle de la reduction estimative des
depenses du Pacifique-Canadien pour l'annee 1959, ont reduit les depenses pour
notre tarification actuelle a environ $1,242,000. Les recettes supplementaires,
etablies en supposant que les fonctionnaires et employes du Pacifique-Canadien
paient le plein prix d'abonnement, sont etudiees ailleurs au present jugement.
553
RECETTES, INSUFFISANCE DES RECETTES ET
AUGMENTATION DES TAUX
L'etat n° 1 (revise) du Pacifique-Canadien indique des recettes reelles de
$1,073,244 en 1958 pour son service de banlieue Montreal-Rigaud, ainsi qu'il
suit:
RECETTES
Billets d'abonnement: de 10 passages $114,531
de 20 passages 18,398
de 40 passages (pour le public) 551,305
de 40 passages (pour les
ecoliers) 23,092
de 50 passages 4,352 $711,678
Autres passages: d'aller seulement 68,577
d'aller et retour 58,626
de fin de semaine 30,204
divers 15,981
perceptions au comptant des agents
de train 127,455
perceptions aux barrieres —
Westmount 5,499
Montreal-Ouest 55,224 361,566
$1,073,244
Les modifications apportees en mai 1959 aux prix de passage de fin de
semaine produiront des recettes supplementaires d'environ $2,000 par annee, et
si ces modifications avaient ete en vigueur en 1958, les recettes de cette annee-la
auraient accuse une augmentation correspondante.
Le Pacifique-Canadien considere qu'une diminution du nombre de voyageurs
transportes pourrait se produire si les nouveaux prix qu'il propose devenaient
en vigueur mais il s'attend a des recettes plus elevees de l'ensemble du trafic.
Comme nous l'avons deja dit, nous avons e value les debours du service de
banlieue Montreal-Rigaud pour l'annee 1959 a $1,242,000. Les recettes de ce
service furent de $1,073,244 en 1958. Pour la tarification, nous avons fait un
redressement abaissant le chiffre de ces recettes a cause de l'emploi de quatre
mois de 31 jours et un redressement qui l'augmente afin de tenir compte de la
modification des prix de fin de semaine et du plein prix d'abonnement demande
aux employes de chemin de fer, ce qui donne des recettes globales de $1,182,000
aux prix actuels pour l'annee 1959, calculees d'apres le nombre de personnes
transportees en 1958. Ces depenses et recettes indiquent qu'il manquerait
environ $60,000 pour combler les debours. Nous autorisons des augmentations
de tarif en rapport avec cette insufnsance. Si nous avions adopte, dans le calcul
de l'insuffisance, la methode proposee par les chemins de fer et debite comme
depenses la moitie du cout du transport des fonctionnaires et employes du
Pacifique-Canadien et credite aux recettes les prix de passage reellement payes
par eux, l'insuffisance serait considerablement plus elevee si le calcul etait
fonde sur l'emploi de 5 voitures ou de 6.5 voitures pour ces personnes.
Le calcul des recettes globales, des depenses globales et de l'insuffisance des
recettes que nous avons fait est raisonnablement approximatif mais ne vise pas
a la precision, car la precision dans ce genre de calcul est impossible dans les
circonstances.
554
Nous croyons que dans une periode raisonnable les prix augmentes que nous
autorisons permettront au Pacifique-Canadien de se rattraper de ses debours
pour les services de banlieue. Comme nous l'avons deja dit, le service de
banlieue Montreal-Rigaud du Pacifique-Canadien est regarde comme un service
typique pour l'etablissement des taux d'abonnement en general, et les taux
que nous autorisons pour ce service seront aussi autorises pour les services
d'abonnement ailleurs.
Nous avons mentionne les objections qu'on nous a presentees au sujet des
augmentations. La mesure dans laquelle nous avons donne suite a certaines
de ces objections ressort de ce que nous avons deja dit, car nous avons fait des
reductions, lorsque nous jugions a propos de le faire, aux montants que le
Pacifique-Canadien comptait a titre de debours et nous avons credite les
recettes du montant que les employes de chemin de fer paieraient au plein prix
d'abonnement; et comme il ressort des prix que nous autorisons, le taux des
billets d'abonnement de 40 passages par mille sera bien moins eleve que ceux
des prix de voiture ordinaire et de permiere classe.
Nous ne permettrons pas aux chemins de fer de discontinuer l'emploi des
billets d'aller et retour de voiture ordinaire dans les services de banlieue
pendant qu'ils continuent a les employer sur les autres trains partout au Canada,
car nous estimons qu'un voyageur ne devrait pas avoir a payer plus pour un
passage d'aller et retour en voiture ordinaire dans les services de banlieue que
pour un passage semblable sur les autres trains de voyageurs.
Quant a l'objection voulant que les prix de passage pour des distances plus
longues ne soient pas soumis a un taux degressif, nous repetons ce que la Com-
mission a dit a ce sujet dans son jugement sur les abonnements en date du 4
aout 1954, a savoir que l'avantage d'un taux degressif serait ressenti par ceux
qui font de plus grands voyages et le fardeau supporte par ceux qui parcourent
de plus petites distances.
La proposition d'un taux degressif est sans doute fondee sur le fait que
dans les tarifs-marchandises l'addition des frais de tete de ligne au taux du
transport sur la ligne produit un effect de degression qui peut etre constant pour
chaque mille ou diminuer a differents points milliaires. Un taux degressif
semblable est produit dans les tarifs-marchandises en reduisant deliberement
les taux sur les marchandises en provenance ou a destination de points eloignes,
de facon a obtenir un marche plus etendu. Le meme principe pourrait
probablement etre adopte pour les prix de passage des voyageurs; de fait, il
est applique dans une certaine mesure lorsque le taux moyen par mille d'un
passage d'aller en voiture ordinaire entre Montreal et Ottawa est de 3.7c. alors
qu'entre Montreal et Vancouver, il est de 3.3c, mais cette degression est surtout
due a la concurrence pour le prix de passage de Vancouver.
Dans le cas des prix d'abonnement, cependant, alors que les prix sont en
rapport des debours, toute reduction du taux de degression pour les distances
plus grandes se traduirait inevitablement par une augmentation relative des
prix de passage des distances plus courtes; sinon, le revenu global necessaire
ne serait pas obtenu.
Quant a l'objection voulant que les revendications des employes de chemin
de fer depassent la mesure, il n'appartient pas a notre Commission de fixer ou
d'etablir les taux de salaire de ces employes. Nous croyons que la Commission
a le devoir de desavouer, pour la tarification, les depenses qu'elle estime etre
deraisonnables, inutiles ou exagerees, mais nous ne rencontrons pas sette
situation ici vu que les depenses de main-d'ceuvre decoulent de contrats de
salaire conclus par les procedes ordinaires de la negociation collective.
Quant a la supposee incompetence des chemins de fer, nous croyons pouvoir
faire, avec raison, les memes observations au sujet des chemins de fer canadiens
555
qu'a faite dernierement l'lnterstate Commerce Commission au sujet des chemins
de fer des Etats-Unis dans le rapport deja mentionne, dans lequel on lit ceci:
"Les depositions corroborent la conclusion generale que beaucoup de
chemins de fer en ameliorant et en remplagant leur materiel, en experi-
mentant avec de nouveaux genres de materiel et en recourant a d'autres
moyens ont consciencieusement tente d'ameliorer leurs normes de service.
II est egalement equitable de conclure que les chemins de fer en general
n'ont pas abandonne de trains sans faire de serieux efforts — parfois
prolonges — pour en rendre l'exploitation payante et ne Font fait qu'apres
avoir accorde une attention bienveillante a la commodite du public. Les
fonctionnaires et employes des chemins de fer ont une fierte traditionnelle
de leur longue carriere de transporteurs de voyageurs, et il y a peu lieu
de croire que l'exploitation profitable de services de voyageurs ait ete
abandonnee. Neanmoins, les archives et notre correspondance revelent
clairement que bien des moyens n'ont pas encore ete etudies quant a
l'amelioration du service-voyageurs des chemins de fer. Les programmes
energiques des concurrents relatifs au marche du transport a une epoque
d'innovations continuelles dans le domaine de la technologie et de la vente
doivent, au moins, etre compenses par des programmes tout aussi energiques
de la part des chemins de fer."
Quant a l'objection voulant que les augmentations de prix soient injuste-
ment prejudiciables aux banlieues, nous ne croyons pas que les augmentations
que nous accordons auront cet effet. L'existence meme de services de trains
represente un avantage pour ces collectivites et il est dans leur interet que les
services soient maintenus meme avec des prix de passage legerement augmentes.
II est egalement dans l'interet des centres urbains, de Montreal et Toronto en
particulier, et des autorites de la Voirie, que ces services continuent d'exister.
Sans ces services, de grands problemes surgiraient pour toutes les collectivites
interessees, parmi lesquels le moindre ne serait pas le besoin de routes et de
moyens de stationnement pour faire face a l'augmentation de la circulation
routiere qu'entrainerait la discontinuation des services de train.
Nous ne contestons pas que les services-voyageurs des chemins de fer dans
Pensemble et certains services-voyageurs en particulier soient exploites a
perte. Cette perte constitue un fardeau pour les usagers des services-
marchandises. Nous ne croyons pas que l'existence d'une telle perte soit une
raison valable pour obliger les chemins de fer a prevoir, pour les services
d'abonnement, qui existent surtout dans les regions de Montreal et de Toronto,
des prix de passages inferieurs aux debours. Le service assure dans ces regions
est un service de transport en masse et differe aussi sous d'autres rapports des
services-voyageurs en general; et le prix par mille que nous permettons aux
chemins de fer de demander pour les services d'abonnement est sensiblement
moindre que le prix par mille pour les passages de voiture ordinaire ou de
premiere classe, dans les services-voyageurs en general.
SERVICES D'ABONNEMENT DES CHEMINS DE FER
NATIONAUX DU CANADA
Le National-Canadien exploite actuellement plusieurs services d'abonne-
ment dans la region de Montreal. Le principal est connu sous le nom de "service
du tunnel". Un autre est celui de Montreal-Lachine-Dorval, petite exploitation
provisoire destinee a assurer un certain service au public en attendant le
deplacement de la ligne principale du National-Canadien de cette region a
un emplacement au nord a proximite de la ligne du Pacifique-Canadien entre
Dorval et Montreal-Ouest. L'avocat du National-Canadien a demande a la
Commission l'autorisation de discontinuer, a partir du ler aout 1959, ce service,
dont l'exploitation entraine des pertes considerables. Un jugement distinct
556
decidera de cette requete. D'autres services d'abonnement, moins importants,
sont aussi assures dans la region a Test et a l'ouest de Montreal.
II existe aussi un service d'abonnement dans la region de Quebec.
Un autre service important est celui de la region Toronto-Oakville. Les
regions de Hamilton, Ottawa et Windsor ont des services d'abonnement de
moindre importance.
On se propose de se servir de la meme base pour l'augmentation des prix
de toutes les regions. Quant a la base de l'augmentation demandee, M. Mac-
dougall, du National-Canadien, a avance:
"Je crois que l'attitude de ma compagnie au sujet de notre service
d'abonnement est que la Commission devrait considerer notre service du
tunnel comme le plus representatif de ces services. C'est la plus grande
exploitation d'abonnement au Canada et elle est assez typique, je crois,
pour servir de fondement a la Commission dans l'etablissement des taux
a utiliser sur tout notre reseau pour les abonnements." (Transcription,
p. 2175, vol. 1039.)
La base que propose le National-Canadien pour l'augmentation des prix de
passage est cependant la meme que celle que propose le Pacifique-Canadien
pour la ligne Montreal-Rigaud, en depit de la difference pouvant exister dans
les frais respectifs d'exploitation de ces deux lignes du point de vue des
debours.
La Piece n° 23 deposee par le National-Canadien indique, pour la ligne "du
tunnel" des recettes annuelles estimatives de $1,294,225 et des depenses
d'exploitation de $1,497,548. Les frais supplementaires pour les charges fixes
du materiel, des interets et de l'amortissement et les charges fixes sur les instal-
lations requises exclusivement pour l'exploitation de banlieue, portent les
depenses globales a $1,778,944, soit une insufnsance de $484,719. Les augmenta-
tions proposees seraient censees, d'apres l'estimation, rapporter $458,500, ce qui
donnerait des recettes globales de $1,743,621 (Piece n° 22).
Certains elements de depenses demandent cependant des observations: par
exemple, pour la reparation des voitures le chiffre est de $401,985 tandis qu'il
est de $160,620 pour le service Montreal-Rigaud du Pacifique-Canadien. Les
frais eleves du National-Canadien sont attribuables a un plus grand nombre de
voitures et probablement aussi au fait qu'une partie du materiel est vieux et a
constamment besoin de reparation; apparemment, l'acquisition de materiel neuf
reduirait considerablement ce montant. De meme, au poste de l'entretien de la
voie et des ouvrages du National-Canadien, le chiffre indique est de $124,825,
alors qu'il est de $25,103 pour le Pacifique-Canadien pour un plus grand nombre
de milles. Cette difference s'explique ainsi: une grande partie de la depense du
National-Canadien est attribuable au fait que presque tous les frais d'entretien
de la ligne du tunnel sont imputables sur le service de banlieue, vu que celui-ci
represente le gros du service assure par cette ligne.
Cette exploitation du tunnel differe de celle du Pacifique-Canadien en ce
que la clientele augmente constamment. Bien qu'il se soit produit une diminu-
tion dans le nombre de personnes transporters apres l'augmentation des prix
de passage de 1954, ce nombre est maintenant de 8,000 centre 6,500 par joui
il y a environ quatre ans, et le nombre de voyageurs augmentera sans doutt
avec la construction de plusieurs grands immeubles pour bureaux qui s(
poursuit dans la region du tunnel a Montreal. A ce propos, l'avocat et lei
temoins du National-Canadien ont declare que la compagnie poursuit toujour;
des recherches approfondies sur la possibility d'equilibrer les debours et le:
recettes. Par exemple, on a realise des economies dans le service des trains er
en reduisant le nombre lorsque certains d'entre eux transportaient de petite:
charges. On a aussi installe un appareil de perception des billets a la gar<
centrale de Montreal et a Mont-Royal, ce qui a permis d'eliminer certain:
557
adjoints d'agent de train qui en faisaient la perception sur les trains. Les frais
de nettoyage du materiel ont aussi ete abaisses. La traction diesel a remplace
l'energie electrique au nord du tunnel, ce qui a permis de realiser d'autres
economies. Des modifications ont aussi ete effectues dans la disposition des
sieges a l'interieur des voitures ordinaires, ce qui a permis d'en faire un meilleur
usage. D'autre part, par suite de l'accroissement du nombre d'employes qui
sont transporter vers le centre de la ville, le National-Canadien a augmente
cette annee le nombre de trains entre Montreal et Saint-Eustache pendant les
heures creuses en vue d'encourager plus de gens a voyager pendant ces heures.
Ce nouveau service a ete etabli au cout supplementaire de $30,000 par annee en
salaires. Cependant, on n'en connait pas encore les resultats.
Une autre mesure de longue portee a l'etude est l'etablissement, pour les
prix de passage, d'un nouveau systeme de zonage visant a reduire au minimum
la tache de la perception des billets.
L'audience de Toronto avait trait surtout au service Toronto-Oakville du
National-Canadien. Les temoins du National-Canadien ont fait des depositions.
M. Donald B. Garfat a comparu pour l'Association des abonnes d'Oakville et a
appuye, avec certaines reserves, le memoire depose par l'Association. L'avocat
du National-Canadien s'est reporte aux etudes effectuees en vue de determiner
si des services d'abonnement supplementaires pouvaient etre etablis dans la
region de Toronto. II a declare qu'on a trouve aucune solution mais que
le Metropolitan Planning Board et le National-Canadien s'occupent activement
de la question.
Nous croyons qu'il n'est pas pratique d'avoir differentes bases de prix
pour le service d'abonnement dans les regions de Toronto et de Montreal. Les
chemins de fer proposent d'avoir la meme base pour les prix de passage d'un
bout a l'autre du Canada, en depit de differences dans le cout estimatif des
services dans les diverses regions. Nous suivons la pratique de la Commission
a ce sujet, car dans l'ensemble nous estimons que l'adoption, comme jusqu'ici,
du service Montreal-Rigaud du Paciflque-Canadien pour servir de critere dans
l'etablissement des prix d'abonnement est raisonnable et que les prix de
passage du National-Canadien devraient etre etablis d'apres cette base.
LES AUGMENTATIONS PERMISES
Nous jugeons que la regie etablie par la Commission dans son jugement
du 4 aout 1954 sur les abonnements, a savoir que
.... "un chemin de fer a le droit de demander des prix d'abonnement
repondant au moins aux debours raisonnables qu'il effectue pour assurer
le service de banlieue en cause et que la Commission ne devrait pas l'obliger
a assurer ou a continuer d'assurer des services d'abonnement qui ne
supportent pas de tels debours"
est une regie raisonnable a appliquer dans le cas et les circonstances qui nous
occupent. Nous sommes aussi d'avis que les augmentations que nous accordons
ne produiront pas des taux injustes ou deraisonnables pour les personnes qui
ont besoin de ce service ou qui l'utilisent. Par consequent, nous rejetons les
tarifs suspendus par l'ordonnance n° 97316 et nous autorisons, en remplacement
de ces tarifs, les redressements suivants des prix d'abonnement actuels:
Majoration de 10 p. 100 du prix actuel des billets de 40 passages, tant
pour le public en general que pour les ecoliers; pour les prix de passage
fractionnaires resultant de ces majorations, les dispositions du paragraphe
(3) de l'article 330 de la Loi sur les chemins de fer sont applicables;
Les billets de 20 passages et les billets de 50 passages pouront etre
supprimes;
Aucune majoration du prix des billets de 10 passages;
Aucune modification de la duree de validite des billets d'abonnement.
558
Les augmentations susmentionnes sont calculees d'apres les recettes
suivantes indiquees dans la Piece n° 3:
Billets de 40 passages pour le public $551,305
Billets de 50 passages pour le public transferees aux billets de
40 passages 4,352
Billets d'ecoliers de 40 passages 23,092
Recettes provenant des titulaires de passe, a ajouter par suite de
la suppression des privileges de passe en mars 1959 et supposees
provenir de billets de 40 passages 62,000
$640,749
Avec une insuffisance de recettes de $60,000, l'augmentation theorique
requise serait d'environ 9.4 p. 100 mais, compte tenu de la baisse du nombre
des voyageurs qu'entrainera sans doute au debut cette augmentation des prix
de passage, nous croyons qu'une majoration de 10 p. 100 s'impose pour combler
Tinsufrisance nette.
II est a remarquer qu'aucune augmentation du prix des billets de 10 passages
n'est permise, pour plusieurs raisons que voici: les billets de 10 passages entre
Montreal-Westmount et Montreal- Ouest ont ete, dans des cas anterieurs,
majores d'un pourcentage superieur au pourcentage ordinaire, arm de les porter
au plein prix maximum de 25c. par passage; le taux de base actuel en dehors
de la region Montreal-Montreal Ouest est de 3c. par mille pour un billet de 10
passages, ce qui est de moins de £c. pres du taux du prix d'un passage d'aller et
retour en voiture ordinaire, pour un billet simple; et la base de 3c. par mille
est approximativement la meme que la moyenne de 3.08c. par mille de
l'ensemble du reseau du Pacifique-Canadien. Pour ces raisons, nous estimons
qu'il serait deraisonnable a l'heure actuelle d'augmenter le prix des billets de
10 passages.
Toute augmentation du prix des billets d'abonnement constitue un fardeau
pour les abonnes, mais nous estimons que les augmentations que nous autorisons
sont raisonnables dans les circonstances sur la base des simples debours. Nous
n'affirmons pas que le present jugement soustraira les prix d'abonnement a la
controverse, car les depenses et le nombre de personnes transportees par les
chemins de fer ne sont pas constants et la mesure dans laquelle ces services
seront places sur une base qui se rapprocherait plus de la base compensatoire ne
peut etre determinee que par l'experience; mais nous croyons que ces augmenta-
tions, jointes a la collaboration des abonnes et aux efforts plus grands des
chemins de fer et de leurs employes en vue de l'exploitation des services avec
emcacite et sans depenses inutiles, permettront aux chemins de fer d'equilibrer
les depenses et les recettes des services en cause.
Les prix de passage majores devraient etre equitablement mis a l'essai
pendant une periode raisonnable et, pendant ce temps, les parties directement
en cause devraient, dans leur meilleur interet, travailler de concert de facon a
assurer une exploitation des services de train de banlieue necessaires aux
collectivites, urbaines et de banlieue, qui fournirait aux chemins de fer des
recettes suffisantes pour couvrir au moins leurs simples debours, a des prix de
passage raisonnables et a la portee de la bourse de ceux qui ont besoin de ces
services.
De nouveaux tarifs, incorporant les redressements autorises, pourront etre
deposes mais ne pourront entrer en vigueur avant le ler janvier 1960.
Une ordonnance sera rendue en consequence.
ROD. KERR
L. J. KNOWLES
le 6 novembre 1959.
559
Sylvestre, Commissaire en chef suppleant (dissident),
En cette cause, mes collegues ont decide d'approuver une ma j oration des
taux pour billets de transport, mais je ne suis pas du meme avis.
II est reconnu, je crois, qu'en principe une entreprise de service public
ne devrait pas etre requise d'exploiter a perte. Ce principe, toutefois, n'est
pas necessairement applicable dans tous les cas. Dans Canadian Encyclopedic
Digest, volume 9, une entreprise de service public est definie comme suit:
"Anything supplied for public consumption or service rendered for the public
maintenance of the best standard of living under modern conditions of civilized
society. This would include ....(/) transportation and all incidents thereof".
Webster definit utilite publique comme suit: "A business organization perform-
ing some public service and hence subject to special governmental regulation
such as fixing of rates required of incidental facilities etc."
Mon opinion, c'est que le service des trains pour abonnes est un service
public et que comme tel est exploite pour le benefice et la commodite du
public, et je considere qu'il est necessaire pour le maintien du niveau de vie
habituel des usagers au norme des conditions actuelles.
En vertu de la Loi, les compagnies de chemins de fer sont requises de
fournir des moyens de transport adequats et convenables, ce qui comprend le
service-voyageurs. Le clause relative aux facilites a fournir n'oblige pas les
compagnies de chemins de fer a exploiter un service a des taux renumerateurs
en vue des debourses encourus en rapport avec tel service. Pour ce qui est
des taux de transport, je crois que la Commission a pour fonction de prescrire
ou approuver des taux equitables et raisonnables.
Je suis d'avis que toute ma j oration des taux de transport pour abonnes
peut occasionner des embarras pecuniaires aux abonnes reguliers. L'allure est
maintenant d'etablir residence hors les limites des grands centres pour des
raisons faciles a comprendre. Les gens desirent s'eloigner des centres populeux
pour vivre ou ils peuvent respirer le bon air; ou le train de vie est plus con-
venable, et enfln ou Ton trouve plus de confort. Generalement ils preparent un
budget qui comprend les paiements mensuels pour une residence achetee a
termes; les frais de transport pour tous les membres de la famille et tout va bon
train pourvu que le cout de la vie demeure stable. En 1955, une majoration de
100% a ete accordee et une autre de 37% est maintenant demandee. Bien que
cette derniere majoration n'est pas accordee en entier il y a toutefois lieu de dire
sans hesitation que le budget en question sera considerablement affecte, et le
but pour lequel ces gens se sont etablis en banlieue sera manque si leurs moyens
ne leur permettent pas de payer le taux requis pour un tel service.
II a ete etabli que les compagnies de chemins de fer ne couvrent pas les
debourses immediats encourus pour le service-voyageurs reguliers et le deficit
s'eleve a des millions de dollars, toutefois, il n'y a aucune mention de majoration
des taux. reguliers. Pourquoi done cette difference de traitement entre deux
classes de voyageurs, les deux services etant essentiels? Est-ce qu'il y aurait
ici un element de discrimination injuste? Je pose la question.
Des requetes sont adressees a la Commission demandant la suppression de
services de trains sur certaines lignes. Dans chaque cas il s'agit de determiner
si la perte et les inconvenients causes au public par l'abandon d'un tel service
1'emportent sur le fardeau impose a la compagnie de chemins de fer par la
continuation du service. Dans tels cas, nonobstant la perte causee a la
compagnie de chemins de fer, si la Commission considere que la perte et les
inconvenients causes au public 1'emportent sur le fardeau que doivent supporter
les compagnies de chemins de fer en continuant d'exploiter le service-
voyageurs en question, la requete est refusee.
Pour les abonnes reguliers, ce service est de toute premiere importance,
ainsi que d'interet public general, car il faut considerer que chaque matin
560
environ 15,000 personnes entrent dans la ville de Montreal et retournent a leurs
demeures le soir.
M. G. C. Campbell, un economiste a l'emploi des Chemins de fer Nationaux
du Canada, a publie un article tres interessant sur ce sujet qui est rapporte
aux pages 32 et 33 de 1' edition de juillet 1959 d'une brochure intitulee "Canadian
Transportation". Ses conclusions sont dignes de mention et je cite textuelle-
ment:
"I predict that if a way could be found for the railways and metro-
politan authorities to work together co-operatively in the planning,
operation and financial support of comprehensive commuter services
the benefit to the entire area would be so great that were I to estimate
an equivalent in dollars I would be accused of gross exaggeration.
Not only that, but the cultural and social benefits of living in a large
city would for the first time become a practical reality for all within
walking or driving distance of a railroad station".
Cette suggestion a certes beaucoup de merite mais n'est pas du domaine
de notre Commission bien que, tel que mentionne dans le jugement du Com-
missaire en chef, la Commission est disposee a preter ses bons offices pour
apporter une solution a ce probleme complexe.
C'est mon opinion que toute majoration des taux de transport des abonnes
actuels creerait des inconvenients aux usagers plus considerables que le
pretendu fardeau qu'imposerait aux compagnies de chemins de fer la con-
tinuation de l'exploitation du service des abonnes aux taux actuels, car le
surplus qui proviendrait de la presente majoration serait infinitesimal en
comparaison des deficits des chemins de fer.
Dans le jugement rendu par l'honorable juge Kearney en 1956, rapporte
au volume 73, page 193 de C.R. & T.C., le dernier paragraphe, page 205, se lit
comme suit:
"It has been mentioned that the present judgment should remove
commutation rates from the field of controversy for the foreseeable
future as between commuters and the Railways. Such a result should
also create a desirable atmosphere for Railways, commuters, civic and
provincial authorities to look anew at the overall problem of traffic
congestion."
C'est la raison principale pour laquelle j'ai agree, mais moins de trois ans
plus tard une nouvelle requete est soumise demandant une autre augmentation
de 37%. Je crois que mon attitude est justifiable dans la presente cause.
Si les compagnies de chemins de fer desirent reduire leurs deficits, elles
pourraient atteindre leur but par un moyen autre que celui d'imposer aux
abonnes reguliers un fardeau additionnel.
Je renverrais done la presente requete.
A. SYLVESTRE.
Ottawa, le 6 novembre 1959.
561
ORDONNANCE N<» 99642
Relative aux tarifs d'abonnement majores, deposes a la Commission et devant
entrer en vigueur le 15 mars 1959, qui furent suspendus par Vordonnance
n° 97316 du 9 mars 1959.
Dossier n° 29984.18
Vendredi 6 novembre 1959.
Rod Kerr, C.R., commissaire en chef,
h. J. Knowles, commissaire.
Apres audition de l'affaire aux seances de la Commission a Montreal les
.9, 20, 21 et 22 mai 1959 et a Toronto le 8 juin 1959 et etude par la Commission,
;t apres examen des memoires deposes et en conformite du jugement ci-annexe,
lu 6 novembre 1959, du Commissaire en chef et du commissaire Knowles —
I est par les presentes ordonne ce qui suit:
1. Les tarifs suspendus par l'ordonnance n° 97316 de la Commission sont
ejetes.
2. Des tarifs destines a incorporer les redressements autorises par ledit
ugement dans les prix d'abonnement actuels pourront etre deposes par les
hemins de fer requerants mais ils ne pourront entrer en vigueur avant le ler
anvier 1960.
Le Commissaire en chef,
ROD KERR.
562
GENERAL ORDER No. 853
In the matter of regulations respecting the reduction of certain freight rates
between Eastern and Western Canada pursuant to Section 468 of the
Railway Act, prescribed by General Order No. 833, dated July 3, 1958,
as amended by General Order No. 840, dated February 24, 1959:
File No. 45464.1
Monday, the 16th day of November, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
L. J. Knowles, Commissioner.
It is hereby ordered as follows:
1. General Order No. 840, dated February 24, 1959, is rescinded.
2. General Order No. 833, dated July 3, 1958, is amended by striking out
paragraph numbered 4 thereof, and substituting therefor the following:
"4. REDUCTION IN RATES:
Subject to paragraphs 1, 2, 3 and 8 hereof, carload and less than carload
basic rates shall be reduced by
(a) 4.72 per cent, and
(b) 15 cents per one hundred pounds."
3. This Order shall have effect from December 1, 1959.
ROD KERR,
Chief Commissioner.
563
SUMMARY OF ORDERS ISSUED BY THE BOARD
19788 Nov. 25 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
)9789 Nov. 25 — Relieving the C.P.R. from erecting right of way fencing on the
south side of its right of way between Mileages 96.37 and 97.85
Wynyard Subd., Sask.
19790 Nov. 25 — Relieving the C.P.R. from erecting right of way fencing on the
west side of its right of way between Mileage 128.07 and Mileage
128.78 Tisdale Subd., Sask.
19791 Nov. 25 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Bracebridge and North-
wood Telephone Company Limited.
9792 Nov. 25 — Authorizing the C.N.R. to relocate their floating emergency fire
fighting unit at Port Mann, B.C., Mileage 115.1 Yale Subd.
9793 Nov. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and County Road No. 16, Village of Lefroy, Ont,
Mileage 51.89 Newmarket Subd.
9794 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. east of the station at Vars, Ont., Mileage
117.77 Alexandria Subd.
9795 Nov. 25 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Prince St., Maxville, Ont., Mileage 91.60 Alexandria
Subd.
9796 Nov. 25 — Authorizing the N.B. Department of Public Works to construct the
Trans-Canada Highway across the C.N.R. by means of an overhead
bridge at Mileage 79.0 Temiscouata Subd., N.B.
3797 Nov. 25 — Authorizing the City of Brantford, Ont., to reconstruct and improve
the existing overhead bridge across the C.N.R. at Mileage 74.23
Dunnville Subd.
)798 Nov. 25 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 3 (Southern Trans Provincial High-
way, near Olson, B.C.), Mileage 22.71 Cranbrook Subd.
)799 Nov. 25 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway No. 95 at Mileage 8.5 Kimberley Subd.,
B.C.
)800 Nov. 25 — Requiring the C.P.R. to install automatic protection at the crossing
of Clarke Side Road and their railway north of Dundas St., Ont.,
Mileage 110.62 Gait Subd.
)801 Nov. 25 — Authorizing the C.P.R. to operate its engines, etc. over the subway
at Mileage 40.78 Oshawa Subd., Ont.
)802 Nov. 25 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Pine Beach Boulevard, County of Jacques Cartier,
P.Q., Mileage 5.95 Winchester Subd.
803 Nov. 26 — In the matter of protection at the crossing of Montreuil Road and
the C.N.R. in Windsor, Ont.
'804 Nov. 26 — Approving flammable liquid storage facilities of North Star Oil
Limited, at Meadow Lake, Sask., C.P.R. Meadow Lake Subd.
805 Nov. 26 — Rescinding Order No. 99616 which authorized the installation of
automatic protection at crossing of the C.N.R. and Highway No. 590,
near Kakabeka Falls, Ont., Mileage 21.95 Kashabowie Subd.
806 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
Prince Edward St. and the C.N.R. in Brighton, Ont., Mileage 241.59
Oshawa Subd.
807 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Whitby, Ont., Mileage 75.01 Oshawa
Subd.
808 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R., south of Minto, Ont., Mileage 2.04
Durham Subd.
564
99809 Nov. 26 — Approving Connecting Agreement between the Bonaventure and
Gaspe Telephone Company, Limited, and La Corporation de Tele-
phone de Quebec.
99810 Nov. 26 — Approving Supplement to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Perkins Telephone Company
Limited.
99811 Nov. 26 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and La Compagnie de Telephone
Soulanges Limitee.
99812 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
Church St. and the C.P.R. in Weston, Ont., Mileage 4.14 MacTier
Subd.
99813 Nov. 26 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Commissioners for the
Telephone System of the Munic. of the Township of Moore.
99814 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. north of Chesley, Ont., Mileage 38.81
Owen Sound Subd.
99815 Nov. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 45.08 Goderich Subd., Ont. ! 1
99816 Nov. 27 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway No.
47 in Grenfell, Sask., Mileage 15.4 Indian Head Subd.
99817 Nov. 27 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Governor's
Road, in the County of Oxford, Ont., Mileage 3.78 St. Mary's Subd. ; ..
99818 Nov. 27 — Authorizing the C.P.R. to construct a private siding to serve Suther-
land Supply Limited across Point Douglas Ave. and McFarlane St.,
in Winnipeg, Man., Mileage 125.13 Keewatin Subd.
99819 Nov. 27 — Authorizing the Alberta Dept. of Highways to widen the highway
where it crosses the C.N.R. at Mileage 27.83 Three Hills Subd., Alta.
99820 Nov. 27 — Exempting the New York Central Railroad Co. from the application
of General Order No. 61.
99821 Nov. 27 — Rescinding Order No. 83137 which authorized the relocation of the
main line of the C.P.R. at certain locations in the Saint John Subd.
in the City of Lancaster, N.B.
99822 Nov. 27 — Approving revisions to tariffs filed by The Bell Telephone Compam
of Canada.
99823 Nov. 27— The N.B. Department of Public Works is authorized to improve th( :
sight lines at the crossing of the highway and the C.N.R. at Mileage
89.36 Chipman Subd.
99824 Nov. 27 — Authorizing the removal of the speed Imitation at the crossing o
the highway and the C.N.R. at Mileage 7.43 Ashcroft Subd., B.C. 1 i
99825 Nov. 27 — Authorizing the Alberta Dept. of Highways to construct Highwa:
No. 2 over the C.P.R. by means of an overhead bridge at Mileag«
51.15 MacLeod Subd.
99826 Nov. 27 — Authorizing the Quebec Dept. of Roads to widen Highway No. 3
where it crosses the C.N.R. at St. Wenceslas, P.Q., Mileage 75.6
Drummondville Subd.
99827 Nov. 27 — Amending Order No. 97293, which authorized the N.B. Departmen
of Public Works to construct the Trans-Canada Highway across th
C.N.R. by means of an overhead bridge, near the Memramcoo!
River, Parish of Dorchester, Co. of Westmorland, N.B.
99828 Nov. 27 — Amending Order No. 99303 which authorized the widening c
Highway No. 402 across the C.N.R. at Mileage 68.34 Forest Subd
Ont.
99829 Nov. 27 — Requiring the Grand River Rly. Company to install improved pro
tection at the crossing of its railway and Breslau Road in Hage:
Ont., Mileage 5.9 Waterloo Subd.
565
Nov. 27 — Authorizing the C.N.R. to improve the protection at the crossing of
their railway and 114th Ave. near 81st St. in Edmonton, Alta.
Nov. 30 — Requiring The Essex Terminal Railway Company to install automatic
protection at the crossing of its railway and Highway No. 18, north
limits of Ojibway in the Twp. of Sandwich West, Ont., Mileage 9.9
Essex Terminal Subd.
Nov. 30 — Authorizing the New York Central Railroad Co. to install improved
protection at the crossing of its railway and Belmont Road (Highway
74), Twp. of Yarmouth, Ont., Mileage 109.82 Main Line Subd.
Nov. 30 — Approving tariffs filed by The Bell Telephone Company of Canada.
Nov. 30 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway at White Fox, Sask., Mileage 8.64 White
Fox Subd.
Nov. 30 — Approving tolls filed by the Canadian Freight Assoc. under section
3 of the Maritime Freight Rates Act.
Nov. 30 — Amending Order No. 99504, which authorized the C.N.R. to install
protection at crossing of their railway and Ontario St. in Brighton,
Ont.
99837 Nov. 30 — Authorizing the Ontario Department of Highways to widen Highway
No. 23 where it crosses the C.N.R. at Mileage 29.24 Newton Subd.
99838 Nov. 30 — Approving By-law No. 3695 of the City of Oshawa, Ont.
99839 Nov. 30 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Shanks, P.Q., Mileage 79.93 Sherbrooke
Subd.
99840 Nov. 30 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 15 and the C.N.R. at Mileage 0.38 Yorkton
Subd., Sask.
99841 Nov. 30 — Authorizing the Township of Niagara, Ont., to relocate the road
allowance between the Twp. of Stamford and the Twp. of Niagara
where it crosses the Niagara Branch of the N.Y.C. Railroad.
99842 Nov. 30 — Authorizing the C.N.R. to make changes to the interlocking at the
crossing of their railway and the C.P.R. near Camrose, Alta.,
Mileage 47.7 Camrose Subd. (C.N.R.)
99843 Dec. 1 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Montgomery Road in Islington, Ont., Mileage 8.35
Gait Subd.
39844
99845
99846
Dec. 1-
Dec. 1-
Dec. 1-
-Authorizing the C.N.R. to remove the station agent at Denholm, Sask.,
Mileage 67.9 Langham Subd.
-Dismissing application of the C.P.R.
caretaker at Freemont, Sask.
for authority to remove the
-Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Grey St., in
Winnipeg, Man., Mileage 124.0 Keewatin Subd.
39847 Dec. 1 — Approving the temporary liquefied petroleum gas loading facilities
of Progas Limited at Acheson, Alta., Mileage 14.2 Wabamun Subd.,
C.N.R.
)9848 Dec. 1 — Rescinding Order No. 74226 which approved facilities of Harvey
Creamery Limited for handling and storage of flammable liquids
near the C.P.R. at Harvey, N.B.
Authorizing the C.P.R. to remove the station shelter at Saskatchewan
Beach, Sask. and delete the station name from the tariffs.
)9849
)9850
Dec. 2-
Dec. 2-
>9851 Dec. 2-
-Authorizing the Corporation of the City of Toronto, Ont., to con-
struct a subway at the crossing of the C.N.R. and Logan Ave.,
Mileage 331.3 Oshawa Subd.
-Authorizing the B.C. Dept. of Highways to construct the highway
across the C.P.R. at Mileage 2.08 Okanagan Subd., B.C.
566
99852 Dec. 2 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99853 Dec. 2 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 22.3 and 22.73 St. Maurice Valley Subd., in the City of
Shawinigan Falls, P.Q.
99854 Dec. 2 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Galipeau St., in Thurso, P.Q., Mileage 90.46
Lachute Subd.
99855 Dec. 2 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Cadillac St., in Montreal, P.Q., Mileage 7.93 Longue
Pointe Subd.
99856 Dec. 2 — Approving flammable liquid storage facilities of the C.N.R. at
Senneterre, P.Q.
99857 Dec. 3 — Authorizing the Manitoba Dept. of Public Works to widen the high-
way where it crosses the C.P.R. at Mileage 0.95 Fallison Subd.
99858 Dec. 3 — Authorizing the Town of Iberville, P.Q., to construct 6th Avenue
across the C.N.R.'s Lemoyne Spur at Mileage 0.32.
99859 Dec. 3 — Authorizing the C.N.R. to discontinue passenger train service
between Mahone Bay and Lunenburg, N.S.
99860 Dec. 3 — Rescinding Order No. 68256 which approved the location of facilities
of Home Oil Distributors Limited, near the C.N.R. at Vanderhoof,
B.C.
99861 Dec. 3 — Approving Supplement No. 20 to Canadian Freight Classification
No. 20, filed by the Canadian Freight Association.
99862 Dec. 3 — In the matter of changes in rate groupings of certain telephone
exchanges of the British Columbia Telephone Company.
99863 Dec. 3 — Authorizing the C.P.R. to construct an extension of its siding serving
the Consolidated Fruit Company Limited along Fourth St. in the City
of Lethbridge, Alta.
99864 Dec. 3 — Authorizing the Alberta Department of Highways to construct High-
way No. 2 across the C.P.R. by means of an overhead bridge, at
Mileage 111.64 Hoadley Subd.
99865 Dec. 3 — Approving proposed flammable liquid storage facilities of B.P. Can-
ada Limited at Sherbrooke, P.Q., Mileage 70.4 Sherbrooke Subd.
99866 Dec. 3 — Amending Order No. 99270 which authorized the Ontario Dept. of '
Highways to construct Highway No. 17 across the C.P.R. by means
of an overhead bridge, at Mileage 78.45 Chalk River Subd.
99867 Dec. 3 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 across the C.N.R. at Mileage 103.56 Smiths Falls Subd.
99868 Dec. 3 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Railway Company under Section 8 of the Maritime Freight
Rates Act.
99869 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
Hamford Street and the C.P.R. in Lachute, P.Q., Mileage 45.11
Lachute Subd.
99870 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 15.18 Aberdeen Subd., Sask.
99871 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Grand Forks, B.C., Mileage 93.4
Boundary Subd.
99872 Dec. 3 — Authorizing the removal of the speed limitation at the crossing of
Hollowell Grant Road and the C.N.R., Mileage 83.44 Hopewell Subd.,
N.S.
99873 Dec. 4 — Authorizing the C.P.R. to reconstruct its snow shed at Mileage 96.2
Mountain Subd., B.C.
99874 Dec. 4 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Stoughton, Sask., Kisbey Subd., C.P.R.
567
99875
Dec.
99876
Dec.
99877
Dec.
99878
Dec.
99879
Dec.
99880
Dec.
99881
Dec.
99882
Dec.
99883
Dec.
99884
Dec.
99885
Dec.
99886
Dec.
99887
Dec.
99888
Dec.
99889
Dec.
99890
Dec.
99891
Dec.
99892
Dec.
99893
Dec.
99894
Dec.
99895
Dec.
99896
Dec.
99897
Dec.
4 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Shaunavon, Sask., C.P.R.
4 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Sylvan Valley, N.S., Mileage 82.10
Hopewell Subd.
4 — Authorizing the C.N.R. to operate over the siding serving Imperial
Oil Limited in the City of Sarnia, Ont., Mileage 0.39 Froomfield
Spur.
4 — Authorizing the C.P.R. to reconstruct a portion of its tunnel at
Mileage 27.6 Coquihalla Subd., B.C.
4 — Relieving the C.P.R. from erecting and maintaining right-of-way
fencing between certain mileages on its Lac du Bonnet Subd.
4 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Thamesford, Ont., Mileage 101.31
Gait Subd.
4 — Authorizing the removal of the speed limitation at the crossing of
First St. and the C.P.R. in London, Ont., Mileage 111.63 Gait Subd.
4 — Requiring the C.N.R. to install protection at the crossing of the
C.N.R. and Belvedere Road in Queens Co., P.E.I., Mileage 1.61
Kensington Subd.
4 — Authorizing the City of Calgary, Alta., to construct Southland Drive
across the C.P.R. at Mileage 5.66 MacLeod Subd.
7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Newcastle, Ont., Mileage 57.98
Oshawa Subd.
7 — Authorizing the removal of the speed limitation at the crossing of
Caradoc St. and the C.N.R. in Strathroy, Ont., Mileage 19.85 Strath-
roy Subd.
7 — Amending Order No. 95667, re apportionment of cost of installing
automatic protection at the crossing of Chamberlain St. and the
C.N.R. in Amherst, N.S., Mileage 75.92 Springhill Subd.
7 — In the matter of protection at the crossing of Fitch St. and the
Niagara, St. Catharines and Toronto Rly. in Welland, Ont., Mileage
15.77 Welland Subd.
7 — Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 16 and the C.N.R. at Mileage 84.68 Telkwa
Subd., B.C.
7 — Authorizing the C.N.R. to relocate the protection at the crossing of
their railway and Highway No. 401 at Whitby, Ont., Mileage 0.77
Town Spur.
7 — Authorizing the C.N.R. to operate over the private siding serving
the Hydro-Electric Power Commission of Ontario in Sarnia, Ont.
7 — Authorizing the C.N.R. to operate over the subway at Mileage 8.69
Harcourt Subd., N.B.
7 — Rescinding Order No. 67944 which approved facilities of North Star
Oil Limited near the C.N.R. at Livelong, Sask.
7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in Carleton, P.E.I., Mileage 10.31
Borden Subd.
7 — Authorizing the removal of the speed limitation at the crossing of
Byer's Lane and the C.N.R. at Mileage 5.09 Lake Verde Subd., P.E.I.
7 — Authorizing the removal of the speed limitation at the crossing of
Melrose Road and the C.N.R., Mileage 27.21 Tormentine Subd., N.B.
8 — Approving revised book of rules and regulations governing the opera-
tion of the Great Northern Railway Company in Canada.
8 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Ponteix, Sask., Shaunavon Subd.
568
99898 Dec. 8— Rescinding Orders Nos. 61738 and 68471, which approved the loca-
tion of facilities of Imperial Oil Limited near the C.N.R. at Pointe
Claire, P.Q.
99899 Dec. 8 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Cowichan Lake Road, at Duncan, B.C., Mileage
39.70 Victoria Subd.
99900 Dec. 8 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Highway No. 26 at Stayner, Ont., Mileage 23.4
Meaford Subd.
99901 Dec. 8 — Authorizing the C.P.R. to operate over the private siding serving the
Goodrich Rubber Company and Peoples Credit Jewellers in the
Twp. of Etobicoke, Ont., Mileage 1.93 Gait Subd.
99902 Dec. 8 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99903 Dec. 8 — Approving revisions to tariffs filed by the British Columbia Telephone
Company.
99904 Dec. 8 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
99905 Dec. 8 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
99906 Dec. 9 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 504 at Palgrave, Ont., Mileage
49.1 Milton Subd.
99907 Dec. 9 — Requiring the C.N.R. to install automatic protection at the crossing of
their railway and Highway No. 1 at Mileage 90.21 (Regina By-Pass)
Glenavon Subd., Sask.
99908 Dec. 9 — Authorizing the City of Gait to construct Clyde Road across the
C.P.R. at Mileage 55.8 Gait Subd.
99909 Dec. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 131.20 Fort Frances Subd.,
Ont.
99910 Dec. 9 — Authorizing the C.N.R. to operate over the bridge across the Tatama-
gouche River, N.S., Mileage 35.6 Oxford Subd.
99911 Dec. 9 — Authorizing the Department of Citizenship and Immigration to con-
struct a road across the C.N.R. in Gamblers Band Indian Reserve
No. 63A, Man., Mileage 39.40 Togo Subd.
99912 Dec. 9 — Approving tolls published in tariffs filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
99913 Dec. 9 — Authorizing the removal of the speed limitation at the crossing oi
the highway and the C.P.R. at first crossing north of station ir
Rosemary, Alta.
99914 Dec. 9 — Authorizing the removal of the speed limitation at the crossing oi
the highway and the C.P.R. east of switch to Barlow Junction yard
Alta., Mileage 131.47 Drumheller Subd.
99915 Dec. 9 — Authorizing the City of St. Jerome, P.Q., to construct a public
pedestrian crossing across the C.P.R. at Mileage 13.9 Ste. Agath(
Subd.
99916 Dec. 9 — Authorizing the Munic. of Metropolitan Toronto to construct the Doi
Valley Parkway across the C.P.R. by means of a subway a
Mileage 101.2 Oshawa Subd.
99917 Dec. 9 — Extending the time within which the C.P.R. is required to instal
automatic protection at crossing of its railway and Highway No. 5<
in Indian Head, Sask., Mileage 50.5 Indian Head Subd.
99918 Dec. 9 — Approving flammable liquid storage facilities of Shell Oil Compan;
of Canada Limited, at Drummondville, P.Q., Mileage 98.3, Drum
mondville Subd., C.N.R.
99919 Dec. 9 — Authorizing the C.P.R. to operate over the branch line of railwa;
serving its piggyback service in the City of Winnipeg, Man
Mileage 3.07 Carberry Subd.
569
99920 Dec. 9 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Lincoln, N.B., Mileage 64.92 Centreville Subd.
99921 Dec. 9— Authorizing the C.N.R. to close their station at St. Aime, P.Q.,
provided a caretaker is appointed.
99922 Dec. 9 — Requiring the C.P.R. to install protection at the crossing of its
railway and Clyde Road, east of Gait, Ont., Mileage 55.17 Gait Subd.
99923 Dec. 9 — Approving liquefied petroleum gas storage facilities of the Seventy-
Seven Oil Company Limited at Medicine Hat, Alta., Maple Creek
Subd., C.P.R.
99924 Dec. 9 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and old Highway
No. 17, Mileage 7.71 M. & O. Subd., P.Q.
99925 Dec. 9 — Requiring the C.N.R. to widen the crossing of Highway No. 34 and
their railway at St. Wenceslas, P.Q., Mileage 75.62 Drummondville
Subd.
99926 Dec. 10 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Section 8 of the Maritime Freight Rates
Act.
99927 Dec. 10 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada Limited at Granby, P.Q., Mileage 46.58 Granby Subd.,
C.N.R.
99928 Dec. 10 — Approving flammable liquid storage facilities of National Petroleum
Limited at Ottawa, Ont., Mileage 133.76 Alexandria Subd., C.N.R.
99929 Dec. 10 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Kingston, Ont., Mileage 1.35 Kingston Subd., C.N.R.
99930 Dec. 10 — Authorizing the C.P.R. to remove the existing bell and danger sign
at the crossing of their railway and the highway between Lots 8
and 9, Twp. of Goderich, Ont., Mileage 35.61 Goderich Subd.
99931 Dec. 10 — Authorizing the Alberta Dept. of Highways to construct Highway
No. 43.83 across the Northern Alberta Railways Company at Mileage
81.84 Edmonton Subd.
39932 Dec. 10 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Parent Ave.,
Mileage 13.31, and Avenue du Palais, Mileage 13.38 Ste. Agathe
Subd., in St. Jerome, P.Q.
59933 Dec. 10 — Approving proposed flammable liquid storage facilities of Agincourt
Fuel Company at Agincourt, Ont., Mileage 96.23 Oshawa Subd.,
C.P.R.
99934 Dec. 10 — Approving Appendix "A" to Traffic Agreement between The Bell
Telephone Company of Canada and Le Telephone Somerset Limitee.
The Queen's Printer and Controller of Stationery, Ottawa, 1960
QTtje Poarb of
Cransfport Commissioner* for Canaba
V
Judgments, Orders, Regulations and Rulings
"
Vol. XLIX
OTTAWA, JANUARY 15, 1960
No. 20
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tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
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mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of the Municipal District of Kneehill No. 48,
Three Hills, Alberta, dated May 31, 1958, for the reconstruction of an
overpass at mileage 62.5 Langdon Subdivision, Canadian Pacific Railway,
and in the S.W.i 17-29-22 W.4M., in the Province of Alberta and appor-
tionment of cost thereof, in accordance with Section 265 of the Railway
Act.
File No. 26662.26
Heard at Calgary, Alberta, September 24, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Appearances:
Eldon M. Woolliams, for the Municipal District of Kneehill No. 48,
Three Hills, Alberta.
H. M. Pickard, for the Canadian Pacific Railway Company.
JUDGMENT
Griffin, A.C.C.:
This is an application by the Municipal District of Kneehill No. 48, Three
Hills, Alberta, for the reconstruction of an overpass at mileage 62.5 Langdon
Subdivision of the Canadian Pacific Railway and the apportionment of the cost.
By Order No. 41129 of July 19, 1928, the Board authorized the Canadian
Pacific Railway Company to construct an overhead crossing at the above point;
ordered the road allowance east and west thereof to be closed; and the land
79650-8—1
571
572
within the limitations of the right-of-way conveyed to the railway company
The Board further ordered— "The railway company to pay the cost of con-
structing the proposed overhead crossing and the applicant (the municipal
district of Carbon No. 278) to pay the cost of maintenance".
Prior to the issuance of this Order, and following the hearing, the railway
company offered to the municipality of Carbon to pay half the cost of construc-
tion of the overhead crossing and half the cost of maintenance or in the
alternative to pay the cost of construction, provided the government or munici-
pality would maintain it. The municipality elected to have the railway company
pay the cost of construction, the municipality to bear the cost of maintenance.
The applicant is the successor to the municipal district of Carbon.
The overhead crossing is a wooden bridge.
In May of 1958 the municipality informed the Board that on a joint
inspection its officials and those of the railway company had agreed that the
bridge was unsafe for loads, and that signs had been posted stating that it was
closed to all bus and truck traffic. It was subsequently closed to all vehicular
traffic.
By Order No. 95869 dated October 1, 1958, the Board authorized the
municipality to construct and maintain a public temporary crossing at a
nearby farm crossing.
The municipality has applied to the Board for an Order —
( 1 ) Authorizing the construction of a bridge with the necessary approaches
thereto over the right-of-way of the Canadian Pacific Railway Com-
pany at the above point (i.e., approximately at the site of the present
bridge) .
(2) Applying a sum from The Railway Grade Crossing Fund towards the
cost of construction of the bridge.
(3) Apportioning the balance of the cost of construction between the rail-
way company and it.
(4) Apportioning the cost of maintenance between the railway company
and it.
The existing bridge built in about the year 1928 was designed for a loading
of approximately fifteen tons, has a width of some 20 feet and cost $2,514.
The municipality, as required by the Board's Order, has paid for such mainten-
ance as has been done.
The new proposed bridge is one designed to carry H.20-S.16 loadings.
This rating means that the bridge should carry a total maximum loading of
36 tons. The railway company and the municipality proposed a bridge some
24k'feet in width. The Board's Engineering Branch has, in this instance, recom-
mended a width of 26 feet.
The municipality's submission is that the cost of the bridge, after any
contribution from the Railway Grade Crossing Fund, should be borne by the
railway company for the following reasons:
(a) The railway company was ordered to pay the cost of construction of
the former bridge; the municipality to pay the cost of maintenance.
Further maintenance will not suffice to make the bridge safe for
traffic.
(b) The railway company derived the benefit from the closing of other
crossings in the vicinity as set forth in the Board's Order No. 41129.
(The original Order). .
(c) The railway company will benefit from the increased carrying capacity
of the proposed bridge and the resulting increased highway traffic and
heavier loads.
573
The reason given is that deliveries of grain by way of the bridge
to elevators at Sharpies (a community near the bridge), will result
in increased shipments from Sharpies by way of the company's railway
line. Should the bridge not be reconstructed for an adequate loading,
it is alleged that grain presently delivered to Sharpies would be
delivered to elevators at points on the railway line of Canadian
National Railways.
(d) The railway company is deriving revenue from the shipment of steel
pipe and other equipment for the transmission and processing of
natural gas in the vicinity of the proposed bridge.
(e) The municipality would have to pay in any event for the construction
of approaches to the proposed bridge in an estimated amount of
$3,000.
(/) The municipality has already had to construct two steel bridges over
the Kneehill Creek for roads leading to the proposed bridge.
The railway company has opposed bearing any part of the cost of con-
struction of the new bridge for the following reasons:
(1) The company will not benefit from any increase in carrying capacity
of the bridge. This will be solely for highway traffic.
(2) The company assumed the cost of constructing the original bridge and
the municipality agreed to assume the cost of future maintenance. The
replacement of the existing structure would be in the nature of
maintenance.
(3) The company paid for any benefits it derived from the closing of other
crossings when it paid for the construction of the overhead bridge and
should not be required to make any further payment for the benefits
derived in closing other crossings which in this case are relatively
small.
The above were the reasons given by the municipality and the railway
company prior to the hearing. "Other crossings" referred to in the railway
company's reasons can refer only to the temporary crossing authorized by the
Board's Order No. 95869, which crossing should be closed when the proposed
bridge has been constructed. The estimated cost of the new bridge, excluding
approaches, is $20,900. This is the railway company's estimate for a bridge
that will carry the necessary loading (i.e., H.20-S.16 rating) and be 24 feet in
width. As stated above, it is recommended that the bridge should be 26 feet
in width. The statement of Counsel for the railway company is that the
additional width of two feet will not increase the cost by more than $200 to
$400. The municipality at the hearing undertook to pay the cost of the con-
struction of the approaches, being some $3,000.
Based upon the statement of Counsel and allowing an additional sum, I
shall treat the estimated cost of the proposed bridge being 26 feet in width
as $21,500.
The proposed work is the reconstruction and improvement of a grade
separation. As such, the Board is authorized, in its discretion, to apply towards
such cost from the Railway Grade Crossing Fund a sum not exceeding 50
per cent of the cost of the work.
The evidence is clear that the existing bridge can no longer be safely used.
I would authorize the construction of the new proposed bridge being the
reconstruction of the present grade separation.
I would further order the payment from the Railway Grade Crossing Fund
of 50 per cent of the cost of the proposed work (excluding the cost of the con-
struction of the approaches), not to exceed the sum of $10,750.
79650-8—2
574
There, therefore, remains the matter of the apportionment of the remaining
cost, and the cost of maintenance.
At the hearing evidence was introduced to establish the following:
(i) That the road allowances in substitution for which the crossing was
built are senior to the railway.
(ii) That there was a trail from Carbon going east, north and south across
and along Kneehill Creek before the railway was built.
(iii) That should the bridge not be reconstructed and be of adequate
strength, grain now being delivered to elevators at Sharpies would be
delivered by grain farmers south of the railway line to elevators on the
railway line of Canadian National Railways.
In my opinion, our decision should not be based on whether or not the
road allowance or railway was senior in time or whether or not, in fact, there
was an existing trail used roughly along the present route of the existing road
and bridge.
The third point, however, must be dealt with. Much evidence was called
to show the advantages in distance, condition of roads and gradients of roads
that might induce such farmers to deliver to elevators on the Canadian National
Railways' line. However, the average quantity of grain delivered to the elevator
of the Alberta Wheat Pool at Sharpies over a ten year period is 115,000 bushels
each year. During the period when the bridge has been closed the farmers
south of the Canadian Pacific Railway line have been using the level crossing
authorized by the Board's Order No. 95869 of October 1, 1958. In the season
since the bridge was closed and the level crossing authorized, that elevator has
received a total of 119,000 bushels of grain which is slightly above the ten year
average. The delivery of grain to that elevator at Sharpies has, therefore, not
diminished during the period when the bridge has been closed. The evidence
of what would happen if the bridge were not reconstructed or if the bridge
were reconstructed only for the loadings carried by the old bridge is to some
extent conjecture. The evidence on this point I find too uncertain and too
remote upon which to base any order which presumes a benefit to the railway
company. Moveover, the contention that the railway company would benefit
from shipments of grain from elevators at Sharpies is to some extent offset by
evidence that one of the elevators at Sharpies has, on occasion, shipped grain to
Calgary not by way of the railway company's line but by truck.
In my opinion, this application is in part for authority to replace a worn
out bridge with a new bridge. That is the basis for the contribution that I
would authorize from the Railway Grade Crossing Fund. It is simply that
a bridge which, over the years, has become unsafe for vehicular traffic must
now be replaced by another bridge. The new proposed bridge must be stronger
and wider to meet the demand of present day traffic. Moreover, such a
standard construction is required by Section 267 of the Railway Act which
provides that:
"Every structure by which any railway is carried over or under
any highway or by which any highway is carried over or under any
railway, shall be so constructed, and, at all times, be so maintained, as
to afford safe and adequate facilities for all traffic passing over, under
or through such structure."
It is, therefore, necessary to have the new bridge constructed according to the
specifications proposed and at the present estimated cost to meet present day
conditions.
575
In argument Counsel for the municipality has relied in part on the
decision of this Board in the Hamilton v. Canadian Pacific and Toronto, Hamilton
and Buffalo Railway Companies (1920) 25 C.R.C. 379, (the King Street bridge
case). Counsel, as I understand him, has interpreted this case as laying down
the principle that the obligation "to construct" in the matter of railway crossings
is a continuous one and that the railways must construct each time reconstruc-
tion becomes necessary. Possibly that is taking this decision further than it
should be taken, but it did lay down the principle that "When a railway com-
pany excavates and cuts away a portion of a highway they should be compelled
to replace that highway by a substructure capable of carrying everything
which the earth itself as it then existed would carry".
In enunciating this principle the then Chief Commissioner said:
"In the case of the King Street crossing now under consideration,
before the railway was constructed, the municipality had a highway, I
believe macadamized, upon a foundation which was quite sufficient to
carry any traffic then existing and any other traffic however great or
heavy that might wish to pass along the same for all time to come.
By an order of the proper authorities, and quite properly, the railway
company was authorized to sever this highway for the purpose of con-
structing a railway and was ordered to construct, in the place of the
highway thus severed, a bridge which no doubt was entirely capable
of carrying all the traffic of that portion of Canada as it existed at that
date.
In my judgment, as a general principle, when a railway company
excavates and cuts away a portion of a highway, they should be com-
pelled to replace that highway by a substructure capable of carrying
everything v/hich the earth itself as it then existed would carry, but I
do not think they should be held responsible for placing a covering or
surfacing on the substructure thus provided of any different construction
or durability than that which they found when the road was severed,
and, having provided such a structure with such a covering, I then think
the burden should be on the municipality to pave it or cover it with
any material which, in their judgment, might be necessary to take care
of the traffic in that particular locality. No person with any knowledge
of conditions in the City of Hamilton today can deny that a bridge of
the size, structure, and dimensions of the present bridge would not be
sufficient to carry the traffic of that city today, and, as the railway
company was allowed to take away from them their street, I think it
should be replaced by another measuring up to the standard which I
have just described."
In a relatively recent application, Hamilton v. Toronto, Hamilton and
Buffalo Railway Company (1952) 69 C.R.T.C. 300, the Board departed from this
principle and held that since the King Street bridge case was decided in 1920
the picture had completely changed; whereas road improvements had at one
time served to feed more traffic to the railways they now had the effect of
withdrawing business from the railways. Costs should be apportioned in
relationship to the benefits received. In that judgment the observation was
made that "the Board in apportioning costs is given the widest discretion
under s. 39 of the Railway Act and over the years its decisions indicate an
increasing relaxation from strict adherence to former established concepts as
conditions have changed; also an increasing tendency to deal with each case
on its merits according to its surrounding circumstances."
79650-8— 2i
576
1
I do not intend to follow the principle in the (1920) Hamilton King Street |
bridge case for the following reasons:
Firstly, the Board in the 1952 Hamilton case (supra) has already
declined to follow it.
Secondly, as set out in the 1952 Hamilton case the relative position
of highways and the railways has changed since 1920. Each integral
part of a highway is part of a highway system. Such highway systems
are not feeders to the railways, but are their competitors in transport.
Thirdly, in the 1920 Hamilton case (King Street bridge case) the
then Chief Commissioner, (Carvell, C. C.) in his Judgment said:
"I am actuated purely by the conditions in Hamilton as I find
them from evidence and personal investigation, but the principle
which I have herein enunciated, while applying generally, is intended
only in the present instance to apply to the bridge under discussion".
I can only take it that the Chief Commissioner did not intend that this
principle should be of universal application.
Fourthly, the Chief Commissioner seems to have relied in part on
a statutory duty imposed upon the railway company by Section 260
(later Section 263) of the Railway Act which read as follows:
"263. In any case where a railway is constructed after the 19th
day of May, 1909, the company shall, at its own cost and expense,
unless and except as otherwise provided by agreement, approved
by the Board, between the company and a municipal or other cor-
poration or person, provide, subject to the order of the Board, all
protection, safety and convenience for the public in respect of any
crossing of a highway by the railway."
This section was repealed in 1955.
Fifthly, I cannot hold that because the face of nature has been
changed by the railway company in its original construction it must
necessarily be responsible in perpetuity for the costs occasioned to the
highway authority by that change.
Sixthly, as the demands of highway construction increase, the
universal application of this principle may become unjustifiably onerous.
I]
Counsel for the municipality quite properly has pointed out the principle
laid down in the later case of Hamilton v. Toronto, Hamilton and Buffalo Rail-
way Company (1935) 44 C.R.C. 312. In this case, the Board stated that in its
opinion "the obligation 'to maintain' when no words of limitation or restriction
are employed involves an obligation to reconstruct up to the standard of the
original structure should it become necessary at any time so to do." Counsel
for the municipality has endeavoured to distinguish this decision on the ground
that in that case the highway over the crossing was to be used to ship freight
in competition with the railway company. Here Counsel submits that the over-
head bridge will assist the railway; that the Board should make its decision on
the circumstances of each case and is not bound by any particular precedent.
However, I should point out that in my opinion, upon careful consideration,
the statement of Guthrie, C.C., does not appear to lay down the principle that
has been described.
To ascertain how far the Chief Commissioner intended to go in laying down
this principle it is necessary to consider Grand Trunk Railway Company v. C.P.R.
(1913) 15 C.R.C. 433 to which he referred in his Judgment. Here a bridge
had been built under an agreement made in 1883 between O. & Q.R. Company
(operated by the C.P.R.) and Midland Railway (thereafter operated by G.T.R.)-
The agreement provided that the crossing shall be maintained at the cost of the
577
C.P.R. and it shall always be maintained in a good and safe state so as in no
way to endanger the property fixed or movable of the G.T.R. and against all
damages because of the construction or non-maintenance of the crossing ....
and that the C.P.R. shall and will save the Midland Company harmless.
(Emphasis mine).
The bridge was damaged by work of the C.P.R. in 1912 and the G.T.R.
made an application for an Order requiring the C.P.R. to reconstruct the bridge
which carried the G.T.R. over the C.P.R. At the time of the hearing the bridge
was supported by temporary structures. The Board came to the conclusion that
the bridge had to be put into a good and sufficient state of repair by the C.P.R.
and perhaps reconstructed in any event. The bridge was thirty years old.
The G.T.R. requested an entirely new structure of sufficient strength to
permit the operation of rolling stock of the standard of 1913. The Chief Com-
missioner (Drayton C.C.) in his Judgment stated that the G.T.R. received no
consideration and that in his view no restriction of its right to use its property
for railway purposes was contemplated. The Chief Commissioner went on to
say: "In my view the word 'maintenance' has to be read in its wider sense and
entails upon the constructing company (the junior company, C.P.R.) the duty
of maintaining the bridge in question as a part of the permanent way of the
Grand Trunk Line and sufficient for the purposes of that company".
On appeal to the Supreme Court of Canada the Board's decision was upheld.
In the Grand Trunk case, the constructing company had the obligation
both to construct and to maintain. It was, I think, more than the obligation to
maintain a structure during its natural life; it was an obligation to maintain
(i.e. in this instance to keep in existence and in a good state of repair) a way
over another railway.
"Maintenance", if it is not to be given its usually accepted meaning must
vary according to the instrument in which it is found and the circumstances in
which it has been used.
Accordingly I read the Chief Commissioner's statement of principle in the
1935 Hamilton case as meaning "If the obligation to maintain includes the
obligation to reconstruct then when no words of limitation or restriction are
employed it involves the obligation to reconstruct up to the standard of the
original structure when it becomes necessary at any time to do so." (Emphasis
mine) .
I should point out that Guthrie C.C. went on to say that when Section 264
(now Section 267) was considered in conjunction with this responsibility there
became an obligation to reconstruct up to the standard required by that section.
I do not think that an obligation to maintain necessarily carries with it the
duty to reconstruct.
Counsel for the municipality has sought firstly to rely upon the 1920
Hamilton case (King Street Bridge Case). Secondly, if he cannot do so he
endeavours to distinguish the 1935 Hamilton case. Thirdly, having endeavoured
to do so he seeks to rely upon the 1952 Hamilton case which lays down the
principle that cost should be apportioned in relationship to the benefits received.
Counsel for the railway company relies upon the 1935 Hamilton case,
saying that upon its authority the municipality having the obligation to main-
tain has the obligation to reconstruct. He says that this obligation is an
obligation to reconstruct in kind only. He says further that the cost of any
betterment over the original structure should be apportioned in relationship
to the benefits received in accordance with the principle set out in the 1952
Hamilton case.
I cannot follow the principle in the 1920 Hamilton (King Street Bridge
Case) for the reasons I have given. As I have said, I do not think that the
1935 Hamilton case lays down the principle ascribed to it. I propose to follow
578
the 1952 Hamilton case which lays down the principle that costs should be
apportioned in relationship to the benefits received. The benefits to be con-
sidered may be past and prospective. Other factors, depending on the circum-
stances, may also be taken into consideration in the apportionment of costs.
As Kearney, C.C., said in Calgary v. C.P.R., 1954, 70 C.R.T.C., 143 at 149:
"Benefit of the subway to the parties is, of course, not the only
factor to be considered in apportioning costs. What we have endeavoured
to do is to determine what would be reasonable and proper, having regard
to all the circumstances . . . ."
I would allot the costs of reconstruction as follows:
The cost of the construction of the approaches, which the Municipality of
the District of Kneehill has undertaken to assume, is to be borne by the
Municipality.
I would, as I have already stated, order the payment from the Railway
Grade Crossing Fund of 50 per cent of the cost of the proposed work (excluding
the cost of the construction of the approaches), not to exceed the sum of $10,750.
I would assess against Canadian Pacific Railway Company the amount
of $2,500.
I would assess against the Municipal District of Kneehill the remaining cost.
I would require the Municipal District of Kneehill to bear the cost of
maintenance of the proposed bridge.
An Order will go accordingly.
H. H. GRIFFIN
Dec. 10, 1959.
I concur:
John M. Woodard
I concur:
W. R. Irwin
579
ORDER No. 99943
In the matter of the application of the Municipal District of Kneehill No. 48,
in the Province of Alberta, hereinafter called the "Applicant", for the
reconstruction of an overpass at mileage 62.5 Langdon Subdivision,
Canadian Pacific Railway, in the Southwest quarter of Section 1 7, Town-
ship 29, Range 22, West 4th Meridian, in the Province of Alberta, and
apportionment of the cost thereof, in accordance with Section 265 of the
Railway Act:
File No. 26662.26
Friday, the 11th day of December, A.D. 1959
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Upon hearing the application at a sittings of the Board held in Calgary,
Alberta, on September 24, 1959, in the presence of Counsel for the Municipal
District of Kneehill No. 48 and the Canadian Pacific Railway Company —
It is hereby ordered as follows:
1. The Applicant is authorized to relocate from mileage 62.53 to mileage
62.55 Langdon Subdivision, and to reconstruct the overhead bridge in the
Southwest quarter of Section 17, Township 29, Range 22, West 4th Meridian,
in the Province of Alberta, as shown on plans dated October 22, 1958, and
No. 46213, dated February 1, 1952, on file with the Board under file No. 26662.26,
except that the said overhead bridge shall be twenty-six feet in width.
2. The said overhead bridge shall be reconstructed in accordance with the
requirements of General Order No. 848.
3. Fifty per cent of the cost of reconstruction of the said overhead bridge,
or the sum of $10,750.00, whichever is the lesser, shall be paid out of The
Railway Grade Crossing Fund, $2,500.00 shall be paid by the Canadian Pacific
Railway Company, and the balance of the said cost shall be borne and paid by
the Applicant.
4. The cost of construction of the approaches to the said relocated over-
head bridge shall be borne and paid by the Applicant.
5. The cost of future maintenance of the said reconstructed overhead
bridge, including the approaches thereto, shall be borne and paid by the
Applicant.
H. H. GRIFFIN,
Assistant Chief Commissioner
580
GENERAL ORDER No. 854
In the matter of Regulations for the Transportation of Dangerous Commodities
by Rail approved by General Order No. 836, dated October 31, 1958:
File No. 1717
Monday, the 23rd day of November, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
W. R. Irwin, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The Board's Regulations for the Transportation of Dangerous Commodities
by Rail is amended by striking out Section 73.119(a) (3) thereof and substitut-
ing therefor the following:
(3) Spec. 17E. Metal drums (single trip) not over 5 gallons capacity, with
openings not over 2.3 inches in diameter. (See also paragraph (a) (16)
of this section.)
A SYLVESTRE,
Deputy Chief Commissioner,
The Board of Transport Commissioners for Canada,
581
GENERAL ORDER No. 855
In the matter of General Order No. 836, dated October 31, 1958;
And in the matter of "The Regulations for the Transportation of Dangerous
Commodities by Rail" attached thereto:
Files Nos. 1717-B
1717.179
Thursday, the 26th day of November, A.D. 1959
A. Sylvestre, Q.C., Deputy Chief Commissioner.
W. R. Irwin, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
1. The said Regulations for "The Transportation of Dangerous Commodities
by Rail" are amended as follows:
(a) Where the words "Vinyl Chloride, inhibited" appear in sections 72.5,
73.308(a), 73.314(a) and 73.315(h), they shall be amended to read
"Vinyl Chloride".
(b) Section 73.315 (i) (2) shall be amended by adding the following item to
the table: "Vinyl Chloride 150".
2. No shipper shall be relieved from compliance with the requirements of
section 73.21(b) of the said regulations.
3. This amendment to the said regulations shall come into force on
November 25, 1959.
A SYLVESTRE,
Deputy Chief Commissioner,
The Board of Transport Commissioners for Canada.
582
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
OCTOBER, 1959.
Railway Accidents 186 Killed 6 Injured 200
Level Crossing Accidents 62 Killed 28 Injured 98
Total 248 34 298
Killed
Injured
5
68
156
Others
29
74
Total
34
298
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
1 — Auto truck struck by train. Licence: Nfld. C-9104.
Prince Edward Island
— 1 Auto truck ran into side of train. Licence: P.E.I. C-6-147.
Nova Scotia
— 1 Automobile ran into side of standing train. Licence: N.S. 12-75-17.
— 1 Automobile struck by train. Licence: N.S. 5-86-23.
New Brunswick
— 1 Automobile ran into side of train. Licence: N.B. 71-171.
— 1 Auto truck struck by train. Licence: N.B. C-10-503.
— 1 Automobile ran into side of train. Licence: N.B. 34-227.
Quebec
— 1 Auto truck ran into side of train. Licence: Que. FD-308.
1 — Automobile ran into side of R.D. Unit. Licence: Que. 804-863.
1 — Auto truck struck by train. Licence: Que. FG-6174.
— 1 Automobile ran into side of train. Licence: Que. 363-156.
1 — Automobile struck by train. Licence: Que. 732-510.
1 2 Auto truck struck by train. Licence: Que. FT-87.
— 1 Automobile ran into side of train. Licence: Que. 400-867.
Ontario
— 1 Automobile ran into side of engine. Licence: Ont. 814-230.
— 1 Pedestrian struck by train.
— 1 Automobile struck by train. Licence: Ont. 721-031.
1 — Auto truck struck by train. Licence: Ont. 52-798-B.
— 1 Automobile ran into side of train. Licence: Ont. A-55393.
— 2 Automobile struck by train. Licence: Ont. 615-964.
— 1 Auto truck ran into side of train. Licence: Ont. 85-432-B.
— 1 Automobile ran into side of train. Licence: N.B. 84-304.
1 — Automobile struck by train. Licence: Ont. B-45308.
— 1 Gasoline truck struck by train. Licence: Ont. 54-010-A.
— 1 Automobile ran into side of train. Licence: Ont. 882-695.
— 2 Auto truck struck by train. Licence: Ont. 95368-B.
583
Killed Injured
— 1 Automobile struck by train. Licence: Ont. 838-626.
— 1 Automobile struck by train. Licence: Ont. 612-521.
1 — Auto truck struck by train. Licence: Ont. 709-957-C.
— 1 Track Motor car struck by auto truck. Licence: Ont. 72282- A.
— 13 Tractor trailer ran into side of RDC. Licence: Ont. 67520-B.
1 2 Automobile struck by RDC. Licence: Que. 437060.
— 1 Automobile ran into side of train. Licence: Ont. 952-267.
— 1 Automobile ran into side of train. Licence: Ont. C-24191.
— 2 Automobile struck by train. Licence: Fla. 111-852.
— 3 Automobile struck by train. Licence: Ont. 502-65-X.
— 1 Auto truck struck by train. Licence: Ont. 78620-C.
— 1 Auto truck struck by train. Licence: Ont. 43503-C.
4 — Automobile struck by train. Licence: Ont. B-46001.
1 3 Automobile struck by train. Licence: Ont. J-38640.
— 5 Automobile ran into side of train. Licence: Ont. 526-935.
Manitoba
1 1 Auto truck struck by train. Licence: Man. F-86652.
— 1 Automobile ran into side of train. Licence: Man. 38-D-7.
— 1 Automobile ran into side of standing train. Licence: Sask. 219-457.
— 1 Automobile ran into side of train. Licence: Man. 2-J-666.
— 3 Automobile ran into side of train. Licence: Man. 9-T-122.
— 2 Automobile ran into side of train. Licence: Man. 5-S-845.
— 3 Automobile ran into side of standing train. Licence: Man. C-34217.
Saskatchewan
— 1 Auto truck struck by train. Licence not given.
3 — Auto truck struck by train. Licence: Sask. D-6-235.
1 1 Auto truck struck by train. Licence: NJ.AJE-904.
1 — Oil tank truck ran into side of train. Licence: Sask. C-25249.
— 2 Automobile struck by train. Licence: Sask. 214-908.
Alberta
— 1 Auto truck ran into side of train. Licence: Alta. 706601.
— 1 Automobile struck by train. Licence: Alta. RJ-489.
— 2 Track motor car struck by automobile. Licence: Alta. FG-627.
6 16 Gasoline truck ran into side of R.D.C. Licence: Alta. ES-35-393.
1 — Automobile struck by R.D.C. Licence: Alta. GX-776.
British Columbia
1 — Automobile struck by train. Licence not given.
— 1 Automobile struck by train. Licence: B.C. 328-251.
— 1 Automobile ran into side of R.D.C. Licence: B.C. 305-143.
— 2 Automobile ran into side of train. Licence: B.C. 250513.
Of the 62 accidents at Highway Crossings, 54 occurred at unprotected crossings,
8 at protected crossings, 35 occurred after sunrise and 27 after sunset.
Ottawa, Ontario, December 21, 1959.
584
SUMMARY OF ORDERS ISSUED BY THE BOARD
99935 Dec. 10 — Approving Appendix A to Traffic Agreement between The Bell
Telephone Company of Canada and Harry G. Lewis, Lessee-
Purchaser of the Rural Telephone Company of Kitley Limited.
99936 Dec. 10 — Amending Order No. 98284, re apportionment of cost of installing
automatic protection at the crossing of Windsor Suburban Road
No. 5 and the C.P.R., at Mileage 108.33 Windsor Subd.
99937 Dec. 10 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Scotsguard, Sask., C.P.R.
99938 Dec. 10 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Dinsmore, Sask., Mileage 22.4 El-rose Subd., C.N.R.
99939 Dec. 10 — Approving proposed liquid storage facilities of North Star Oil
Limited at Rosetown, Sask., Mileage 69.2 Rosetown Subd., C.N.R.
99940 Dec. 10 — Approving Supplement to Tariff filed by the C.P.R. under Section
8 of the Maritime Freight Rates Act.
99941 Dec. 10 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Chatsworth Rural
Telephone Assoc.
99942 Dec. 10 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Spanish, Ont., Mileage 23.39
Thessalon Subd.
99943 Dec. 11 — Authorizing the Munic. District of Kneehill No. 48 to reconstruct
the overpass at Mileage 62.5 Langdon Subd., C.P.R., Alta.
99944 Dec. 11 — Extending the time within which the C.N.R. is required to install
automatic protection at the crossing of their railway and Highway
No. 29 at Mileage 14.04 Smiths Falls Subd., Ont.
99945 Dec. 11 — Approving Connecting Agreement between The Bell Telephone
Company of Canada and the Farmers Mutual Telephone Company
of Whatcom Co. Lynden, Washington.
99946 Dec. 11 — Approving Traffic Agreement between The Bell Telephone Com-
pany of Canada and the Morrow Telephone Company Limited.
99947 Dec. 11 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The Addison Rural Independent
Telephone Company Limited.
99948 Dec. 11 — Approving abandonment of operation of the C.N.R. 's Irondale Subd.,
Ont., between York River and Howland.
99949 Dec. 14 — Authorizing the removal of the speed limitation at the crossing of
River Road and the C.P.R. at Grand Falls, N.B., Mileage 18.31
Edmundston, Subd.
99950 Dec. 14 — Approving proposed liquefied petroleum gas storage facilities at
Montreal Hump Yard, P.Q., L'Assomption Subd., C.N.R.
99951 Dec. 14 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Kaslo, B.C., C.P.R.
99952 Dec. 14 — Approving flammable liquid storage facilities of Texaco Canada
Limited at Saint John, N.B., C.N.R.
99953 Dec. 14 — Approving flammable liquid storage facilities of Canadian Kodiak
Refineries Limited at Flin Flon, Man., Mileage 87.0 Flin Flon Subd.,
C.N.R.
99954 Dec. 14 — Approving revisions to tariffs filed by Canadian National Telegraphs.
99955 Dec. 14 — Approving tolls published in tariffs filed by the C.P.R. under Sec-
tion 8 of the Maritime Freight Rates Act.
99956 Dec. 14 — Requiring the Sydney & Louisburg Rly. Company to install auto-
matic protection at the crossing of their railway and Daley Crossing
on Shore Road, near Waterford, N.S., Mileage 0.75 No. 18 Colliery
Spur.
99957 Dec. 14— Requiring the C.P.R. to synchronize the existing gates at the crossing
of their railway and Bridge St., with the traffic lights to be erected
at Bridge and Prince Edward Sts., City of Quebec, P.Q.
585
99958 Dec. 14 — Approving right of way agreement between The Bell Telephone
Company of Canada and The Toronto, Hamilton and Buffalo Rail-
way Company.
99959 Dec. 14 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
99960 Dec. 15 — In the matter of the construction of a gas main across and under
the C.N.R., and under their bridge which crosses the Fraser River
at Prince George, B.C.
99961 Dec. 15 — Authorizing the C.N.R. to discontinue operation of their tri-weekly
trains between Dartmouth and Musquodoboit, N.S., and authorizing
them to operate a road shunter between these two points.
99962 Dec. 15 — Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and The Lyndhurst Telephone
Company Limited.
99963 Dec. 15 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Telephone d'Harricana et
Gatineau Limitee.
99964 Dec. 15 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and Lansdowne Rural Telephone
Company Limited.
99965 Dec. 15 — Approving revised Appendix to Traffic Agreement between The Bell
Telephone Company of Canada and The South Crosby Rural Tele-
phone Company Limited.
99966 Dec. 15 — Approving Supplement to Service Station Contract between The Bell
Telephone Company of Canada and the Keward Rural Telephone
Company Limited.
99967 Dec. 15 — Authorizing the Canadian Freight Association to publish a rate of
$2.60 per 100 pounds, subject to ex-parte increase X-212 on
aluminum oxide catalysts in carloads from Montreal, P.Q. to Brian,
Louisiana.
99968 Dec. 15 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Le Telephone de Contrecoeur
Limitee.
99969 Dec. 15 — Approving revisions to tariffs filed by the Canadian Pacific Railway
Company.
99970 Dec. 15 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Lake Windermere, B.C., Mileage 92.83 Lake Windermere Subd.,
C.P.R.
99971 Dec. 15 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and La Cie de Telephone du Chateau
Richer Enrg.
99972 Dec. 15 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Baseline
Road, Twp. of Toronto, Ont., Mileage 19.25 Gait Subd.
'99973 Dec. 15 — Approving tolls published in Supplement No. 4, filed by The Cana-
dian Freight Association under sections 3 and 8 of the Maritime
Freight Rates Act.
99974 Dec. 15 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
99975 Dec. 15 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Cottonwood Drive, in St. Boniface, Man., Mileage
3.18 Emerson Subd.
99976 Dec. 15 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and County
Road No. 74, Co. of Wellington. Mileage 26.09 Teeswater Subd.
586
99977 Dec. 15 — Authorizing the C.N.R. to construct two sidings across St. Clair
Avenue West in the City of Toronto, Ont.
99978 Dec. 16 — Authorizing the C.P.R. to operate over the trestle supporting the
track serving Alberta Pool Terminal Grain Elevator No. 1, City of
Vancouver, B.C.
99979 Dec. 16 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Dunrea, Man., Mileage 17.25 Hartney Subd.
99980 Dec. 16 — Approving proposed flammable liquid storage facilities of Societe
Co-Operative Agricole d'Amqui, at Amqui, P.Q., Mileage 61 Mata-
pedia Subd., C.N.R.
99981 Dec. 16 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Hunt Club Road, in Ottawa, Ont., Mileage 5.60
Prescott Subd.
99982 Dec. 16 — Approving proposed flammable liquid storage facilities of J. A.
Burgess & Sons Limited at Chilliwack, B.C., Mileage 71.83 Yale
Subd., C.N.R.
99983 Dec. 16 — Authorizing the C.P.R. to install automatic protection at the crossing
of its railway and the private access road of Nichols Chemical Com-
pany Limited, at Mileage 119.23 Cascade Subd., B.C.
99984 Dec. 16 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 321.45 Oshawa Subd., Twp. of Scarborough, Ont.
99985 Dec. 16 — Authorizing the C.P.R. to construct an extension of its passing track
across the public road at Mileage 86.29 Oshawa Subd., Ont.
99986 Dec. 16 — Authorizing the C.P.R. to construct an extension of its passing
track across the public road at Mileage 86.90 Oshawa Subd., Ont.
99987 Dec. 16 — Rescinding Orders which approved the location of facilities of Fiber-
glass (Canada) Limited, for the handling and storage of flammable
liquids near the C.N.R. at Oshawa, Ont.
99988 Dec. 17 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
99989 Dec. 17 — Approving signal changes to the interlocker at the crossing of the
C.P.R. at Mileage 32.7 Oshawa Subd. and the C.N.R. spur at Cobourg,
Ont.
99990 Dec. 17 — Authorizing the Township of Ekfrid to improve the approach grades
at crossing of the highway and the C.N.R. at Mileage 17.46 Long-
wood Subd., Ont.
99991 Dec. 17 — Authorizing the Alberta Dept. of Highways to widen Highway No.
50A where it crosses the C.P.R. at Mileage 87.02 Lacombe Subd.
99992 Dec. 17 — Authorizing the N.Y.C. Railroad Company to make signal changes
and eliminate Tower No. 3 at Windsor, Ont.
99993 Dec. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the highway in the Municipality of Shuniah, Twp.
of McGregor, Mileage 122.68 Nipigon Subd., Ont.
99994 Dec. 17 — Rescinding Order 87245 which authorized the Ontario Dept. of
Highways to construct Highway No. 401 across the C.N.R. by means
of an overhead bridge at Mileage 63.17 Cornwall Subd., Ont.
99995 Dec. 17 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Tannery St.,
Streetsville, Ont., Mileage 20.85 Gait Subd.
99996 Dec. 17 — In the matter of changes in the rate grouping of certain telephone
exchanges of The Bell Telephone Company of Canada.
99997 Dec. 17 — Amending Order No. 96931, which authorized the installation of
automatic protection at the crossing of the highway and the C.P.R.
at Mileage 92.94 Ste. Agathe Subd., P.Q.
99998 Dec. 17 — Authorizing the Town of Brockville to widen Park St. where it
crosses the C.N.R. at Mileage 125.15 Cornwall Subd., Ont.
99999 Dec. 17 — Requiring the C.N.R. to install improved protection in lieu of the
existing protection at crossing of their railway and Eglinton Ave.,
Scarborough, Ont., Mileage 323.2 Oshawa Subd.
587
100000 Dec. 17 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and County Road No. 27, Twp. of West Nissouri, Ont.,
Mileage 107.40 Gait Subd.
100001 Dec. 17 — Authorizing the C.P.R. to remove the station shelters at Lumsden
Beach and Buena Vista, Sask., Mileages 2.9 and 5.6 Colonsay Subd.
100002 Dec. 17 — Authorizing the C.P.R. to remove the station shelter at Zangwill,
Sask., Mileage 98.2 Colonsay Subd., Sask.
100003 Dec. 17 — Authorizing the removal of the speed limitation at the crossing of
Main St. and the C.N.R. at Lancaster, Ont., Mileage 53.82 Cornwall
Subd.
100004 Dec. 18 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Theodore St., City of Montreal, P.Q., Mileage 8.87
Longue Pointe Subd.
100005 Dec. 18 — Authorizing the C.N.R. to operate through the interlocker at the
crossing of their railway and the C.P.R. Co.'s Airport Spur at St.
James, Man., Winnipeg Terminals Division, Mileage 4.1 Oakpoint
Subd.
100006 Dec. 18 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 97, Mileage 2.34 Osoyoos Subd., B.C.
The Queen's Printer and Controller of Stationery, Ottawa, 1960
&i)e poarti of
(Cran^port Commissioners for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, FEBRUARY 1, 1960 No. 21
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
Application of the Sandwich, Windsor and Amherstburg Railway Company for
an Order directing the Corporation of the City of Windsor to assume and
pay all costs otherwise payable by the Applicant, of maintenance of the
bridge over the Canadian National Railways, in the City of Windsor,
Province of Ontario, as shown on the plans revised March 12, 1929, on
file with the Board under file No. 35594:
By the Board;
The Sandwich, Windsor and Amhestburg Railway Company, hereinafter
called the "Tram Company", has applied to this Board to be relieved of its
obligation to contribute towards the cost of maintenance of the Peabody Bridge,
hereinafter called the "Bridge".
The Bridge was reconstructed by the Town of Walkerville in compliance
with Orders Nos. 42618 and 44201, issued by the Board on May 14, 1929, and
January 17, 1930, respectively. These Orders in which the Town of Walkerville
is referred to as the applicant, read as follows:
No. 42618
"THE BOARD ORDERS:
1. That the Canadian National Railways be, and they are hereby,
directed to reconstruct the said bridge over their railway on Sandwich
Street, in the Town of Walkerville, Province of Ontario, as shown on
the plans revised March 12, 1929, filed by the applicant, and on file
with the Board under file No. 35594.
#2. That the cost of constructing and maintaining the said bridge
be apportioned as follows, namely: Canadian National Railways, 55
per cent; applicant, 20 per cent; City of Windsor, 15 per cent; and
Hydro-Electric Railways, 10 per cent.
3. That the applicant provide and maintain, at its own cost, the
wearing surface of the bridge and the approaches thereto, subject
to the terms of an agreement between the applicant and the Hydro-
589
JStruck out
by Order
44201 &
new para,
substituted
therefor.
80112-6—1
590
Electric Railways in respect of the pavement between the rails of
the said railway as well as that adjacent to the rails of the said
railway; the pavement of the sidewalk and the maintenance of the
same to be borne and paid by the applicant.
4. That the applicant undertake the adjustment and settlement
of the cost of lands and damages arising out of the said work; the
expense so incurred to be adjusted in the final settlement.
5. That any dispute arising in respect of the construction or of
the cost of the work be determined by an Engineer of the Board.
6. That detail plans of the proposed structure be filed for the
approval of an Engineer of the Board."
Negotiations then took place between the C.N.R. and the Town of Walker-
ville and they agreed, amongst other things, that the Bridge be reconstructed
by the Town of Walkerville and that the C.N.R. pay a lump sum of $60,000
towards the cost of reconstruction; the apportionment of costs of maintenance
to remain unchanged; and Order No. 44201 of the 17th of January, 1930, was
issued amending Order No. 42618 so as to provide that the Bridge be recon-
structed by the Town of Walkerville instead of the C.N.R. and reapportioning
the costs of construction and maintenance as follows:
No. 44201
"That the cost of constructing the said bridge be apportioned as
follows: Canadian National Railways 55%, not exceeding a lump sum of
$60,000; Applicant 20%; City of Windsor 15% and the Hydro-Electric
Railways 10%. That, in the event of the bridge costing in excess of
$109,090.91, the Town of Walkerville bear the additional sum the Canadian
National Railways would have had to bear but for this Order; and that the
cost of maintenance be apportioned as follows: Canadian National Rail-
ways 55%; Applicant 20%; City of Windsor 15%; and Hydro-Electric
Railways 10%.
By the City of Windsor Amalgamation Act of 1935, the Corporation of the
City of Walkerville and the Corporation of the City of Windsor, along with
two other municipalities, v/ere amalgamated under the name of the Corporation
of the City of Windsor (hereinafter called the "City") and the obligations of
the two former municipalities under the above mentioned Orders became the
obligation of the newly created municipality, with the result that at the present
time the City is responsible for 35% of the cost of maintenance of the Bridge.
The Tram Company succeeded in title to the Hydro-Electric Railways and
thus assumed the obligation of the latter with respect to the maintenance costs
of the Bridge.
The reconstruction of the Bridge was completed in the year 1931.
The Tram Company operated street cars over the Bridge for some years,
and had a right of way about 14' 6" wide, thus taking 36% of the total surface
of the Bridge. The right of way of the Tram Company, over the Bridge, was
separated from the remainder of the Bridge used for highway traffic by a
concrete curbing 18" wide and 17" high so that highway traffic could not use
that portion of the Bridge reserved for the Tram Company's operation.
On June 12, 1938, the Tram Company discontinued the use of street car
service over the Bridge and soon thereafter abandoned its right of way. The
City took over the abandoned right of way, removed the concrete curbing on
the Bridge and resurfaced the Bridge, including that portion thereof formerly
reserved for the exclusive use of the Tram Company. At present the Bridge
is a highway bridge open to and used by the public generally.
591
The City opposes the present application of the Tram Company.
The Tram Company and the City have filed several submissions with the
Board in support of their respective views on the matter at issue and have
agreed that the Board make its decision on the submissions filed.
The Tram Company has made use of the Bridge with its electric street cars
only during the period 1931-1938, approximately seven years.
During the said period of seven years the City has made whatever minor
repairs were required to the Bridge; the City stated that "since the construction
of the present bridge in 1929 or 1930, it has only been necessary to make minor
repairs to the structure up to the present time".
Since 1938 or 1939 the Tram Company has given only a bus service over
the Bridge; and thus has become an ordinary user of the highway.
This Board does not assess any cost of maintenance on ordinary users of a
highway.
There is no evidence that repairs to the Bridge have become necessary
because of the operation of the Tram Company's street cars over the bridge.
The Tram Company does not derive any benefit from its use of the Bridge
with its busses not enjoyed by other bus, truck or vehicle owners or operators.
The City in taking over and paving the right of way of the Tram Company
has had the benefit of a wider bridge for the highway traffic, thus reducing to
a marked degree the traffic congestion at the Bridge.
In the circumstances peculiar to this case the Board is of the view that any
maintenance and repairs now required have not become necessary as a result
of the operation of the Tram Company's street cars, and the Board should not
require the Tram Company to pay for them; nor should it vary the share of
cost apportioned by Order No. 44201 against the C.N.R., for the C.N.R. does
not derive any benefit from the fact that the Tram Company operates busses
instead of street cars; and the Board determines that the application should be
granted and Orders Nos. 42618 and 44201 amended so as to assess against the
City of Windsor the 10% directed to be paid by the Tram Company under these
two Orders.
An Order will go accordingly.
ROD KERR,
A. SYLVESTRE,
JOHN M. WOODARD,
W. R. IRWIN.
December 23, 1959.
80112-6 — li
592
ORDER No. 100068
In the matter of the application of the Sandwich, Windsor and Amhersthurg
Railway Company for an Order directing the Corporation of the City of
Windsor to assume and pay all costs otherwise payable by the Applicant
of maintenance of the bridge over the Canadian National Railways, in
the City of Windsor, Province of Ontario, as shown on the plans revised
March 12, 1929, on file with the Board under file No. 35594:
Tuesday, the 29th day of December, A.D. 1959.
Rod Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Upon reading the submissions filed and the decision made thereon by
the Board —
It is hereby ordered as follows:
Order No. 42618, dated May 14, 1929, amended by Order No. 44201, dated
January 17, 1930, is further amended by deleting all the words after the
second figure "55%", in paragraph numbered two of said Order No. 42618
amended by the said Order No. 44201, and substituting the following words
therefor: "and 45% by the Corporation of the City of Windsor".
ROD KERR,
Chief Commissioner.
593
To hear evidence and submissions relating to the train service being furnished
by Canadian Pacific Railway Company on its line between Vancouver,
B.C., and Medicine Hat, Alta., via Nelson, B.C., and to inquire into the
adequacy thereof and complaints respecting it.
Files Nos. 27563.56.14
27563.56.16
Heard at Nelson, B.C., June 22, 23 and 24; at Vancouver, B.C., July 2; and
at Ottawa, Ont., July 30 and December 8, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
J. M. Woodard, Commissioner.
Appearances:
K. D. M. Spence, Q.C., for Canadian Pacific Railway Company.
L. M. McBride, Q.C., for Nelson Chamber of Commerce, Associated
Chambers of Commerce, south-eastern British Columbia, and
Joint Running Trades, Railroad Brotherhoods.
A. L. Pearson
and [for Attorney-General of Province of British
M. A. Weller, Columbia.
Ken Smith,
H. L. Robinson representing Local 480, International Union of
and j* Mine, Mill and Smelter Workers, Trail, B.C.
Remo Morandini, J
T. S. Shorthouse, Mayor of City of Nelson, B.C.
Gmffin, A.C.C.: JUDGMENT
By reason of dissatisfaction existing as to the train service being furnished
by Canadian Pacific Railway Company on its line between Vancouver, British
Columbia, and Medicine Hat, Alberta, via Nelson, B.C., the Board, in April,
1959, gave notice that it would hold a hearing to hear evidence and submissions
as to such service.
The hearing was held at Nelson on June 22, 1959. The hearing extended
over three days.
There were represented before the Board, in addition to the Railway Com-
pany, the following:
The Attorney-General of British Columbia.
The Running Trades, being the Brotherhood of Locomotive Engineers,
the Brotherhood of Locomotive Firemen, the Brotherhood of Trainmen.
The Nelson Chamber of Commerce.
The Associated Chambers of Commerce of Southeastern British
Columbia. This Association includes the Chambers of Commerce of
Kimberley, Cranbrook, Kaslo, Preston, Nakusp, Salmo, Trail, Rossland
and also Lethbridge, Alberta.
Okanagan and Boundary Associated Boards of Trade, which include, as
affiliated Boards, those of Summerland, Naramata, Penticton, Osoyoos,
Oliver, Keremeos, Rutland, Westbank, Okanagan Falls, Greenwood
and Cawston.
International Mine, Mill and Smelter Workers, being Trail, Local 480;
Kimberley and Riondel, Local 561; Beaverdell, Local 900; Nelson and
district, Local 901; and Greenwood-Phoenix and district, Local 1013.
The members of these Locals and their families make up a large part
of the population of the Kootenays.
594
Kootenay Lake General Hospital.
Medical Associated Clinic of Nelson.
A submission has since been received from the Association of Kootenay
Municipalities.
The present rail service between Vancouver and Medicine Hat is provided
by rail diesel car (R.D.C.) running on the following schedule:
RAIL DIESEL CAR SCHEDULE
Westward
Eastward
Daily
(Mountain Time)
Daily
Q 1 0 AM T v
ivicU-iciiit; in a i
Arr ft ^0 PM
1 1 20 AM Arr
T .£»tVi Virirl op>
IjC til (Jl lUgC
T.v fi 90 PM
J_j V . \J .£\J JT IVI
19 90 PM T \t
A rr ^ 1 0 PM
S\L i . tJ . J \J JT 1VI
9 40 PM Arr
^i.rrU JL ±VJ. fill.
C^TTWXTQ Y"i Del
v_^l U W ollco I
J_i V . Zi.«JJ JTIV1
^IrcH-llH_ J. llllc )
1 ^0 PM T.v
C~*tt\\ iron oct
V^IUW Mica I
Arr 1 40 PM
xxl I . I . rt U I IVJ.
4 9^ PM Arr
i . ^ j _l ivj. r\i i .
v_^l dll Ul OOK
t ,r i 1 9n AM
J_/V. ll.ZU /1.1V1
4 40 PM T \t
t.t:U IT JLVA J_j V .
it
Arr 11 OR AM
8.55 PM Arr.
Nelson
Lv. 7.00 AM
Mon. & Thurs.
Daily
7.00 AM Lv.
««
Arr. 4.15 PM
11.15 AM Arr.
Midway
Lv. 12.00 NOON
11.20 AM Lv.
«<
Arr. 11.55 AM
3.15 PM Arr.
Penticton
Lv. 8.00 AM
Daily
Tues. & Fri.
3.30 PM Lv.
Arr. 3.05 PM
6.25 PM Arr.
Brookmere
Lv. 12.10 PM
6.30 PM Lv.
<«
Arr. 12.05 PM
8.27 PM Arr.
Odium
Lv. 10.05 AM
8.30 PM Lv.
a
Arr. 10.03 AM
10.40 PM Arr.
Vancouver
Lv. 8.00 AM
Daily
(Pacific Time)
Daily
There are five cars in operation. Two operate between Nelson and Medicine
Hat; one car between Penticton and Nelson; and one car, or a two-car train
(depending on the traffic offering) between Vancouver and Penticton. The
Railway Company's evidence is that on many days there is only sufficient
traffic to warrant one car between Vancouver and Penticton.
The two cars operating between Nelson and Medicine Hat operate as single
units, one in each direction daily. They are scheduled to pass at Crow's Nest.
The car or cars operating between Vancouver and Penticton make the round
trip in one day. The car or cars leave Vancouver at 8:00 a.m. and are due to
arrive at Penticton at about 3.00 p.m. The car or cars then leave Penticton at
about 3:30 p.m. and are due to arrive in Vancouver at about 10:40 p.m.
Travelling westward, the car leaves Medicine Hat at 9:10 a.m. and is due
to arrive at Nelson at about 8:55 p.m. It is necessary, then for a passenger to
stay over night in Nelson and it is not possible for him to continue his journey
until 7:00 a.m. the next day. There is then no schedule interruption of his
journey to Vancouver.
Similarly, in travelling eastward a passenger arrives at Penticton from
Vancouver at about 3:00 p.m. He must remain over night in Penticton and
continue his journey at 8:00 a.m. the next day. He is due, then, to arrive at
Nelson at about 4:15 p.m. on that day and must stay over night in Nelson and
continue his journey at 7:00 a.m. the next day.
A passenger travelling eastward from Vancouver to Medicine Hat has
therefore two over-night stops en route. A passenger travelling westward
from Medicine Hat has one.
As mentioned above, the eastbound car leaves Vancouver at 8:00 a.m. The
westbound car arrives in Vancouver at 10:40 p.m. The Railway Company con-
595
siders that these are the most convenient times for the public. The service
provides for connection at Medicine Hat with the Transcontinental train,
"The Canadian".
The original service was started in 1919.
The first service was that of a conventional train operating in both direc-
tions daily between Medicine Hat and Vancouver. The running time was
approximately 38 hours. The running time between Penticton and Vancouver
was 10 hours and 50 minutes, between Nelson and Penticton 9 hours and 30
minutes, between Nelson and Medicine Hat 17 hours and 10 minutes. This
train has been referred to for convenience in the proceedings as train No. 1.
Train No. 1 operated until February-March, 1958.
Train No. 1 consisted of mail, express and baggage cars with day coaches,
buffet parlour car and sleeping cars. Between 1946 and 1958, the train, in addi-
tion, handled L.C.L. freight for set-out at various points such as Nelson, Cran-
brook and Grand Forks.
Train No. 1 made connections at Medicine Hat and Fort McLeod. It con-
nected at Yahk with the Spokane International Railway. It connected also with
a train which at that time ran from Nelson to Trail.
The connection with the Spokane International Railway at one time was
a very lucrative passenger connection. There was also a heavy express move-
ment. In addition to the passengers and express, there was also a movement
of carloads of fruit, mainly citrus fruit from California to the Prairies. The
passenger traffic gradually dwindled, as did the express and the freight move-
ment. The Spokane International Railway discontinued its train operation as a
passenger train in 1955.
The Railway Company found after the War that it was encountering more
competition from the highway trucking industry. For this reason, L.C.L. cars
were put on train No. 1 in an effort to meet this competition. The result was
to slow up the operation of this train. For this reason, the Company placed in
operation two additional trains which, for convenience, have been referred to
as trains Nos. 2 and 4.
Train No. 2 was a conventional train operating between Vancouver and
Penticton in each direction daily. Its running time was 10J hours. It operated
from 1947 to 1954.
Train No. 4 was a conventional train operating between Nelson and Medicine
Hat in each direction daily. Its running time was 17£ hours. It operated from
1952 to 1954.
Somewhat earlier an additional train (which will be referred to as train
No. 5), being a mixed freight and passenger conventional train, operated daily
between Yahk and Lethbridge. Its running time was 12 hours. Train No. 5
operated from 1946 to 1952. Train No. 5 carried freight as well as passengers
and connected at Yahk to handle fruit and express traffic.
There was, however, only one train between Penticton and Nelson at any
time.
In 1947, Canadian Pacific Airlines commenced a service from Vancouver to
Calgary with stopping points at Penticton, Castlegar and Cranbrook.
As highway competition increased, the Railway Company found more diffi-
culty in maintaining its position with the L.C.L. freight. For this reason, train
No. 5 was withdrawn in 1952. Train No. 4 was then instituted, (as referred to
above).
At this time, then, the Railway Company had two passenger trains operating
between Vancouver and Penticton and two passenger trains operating between
Nelson and Medicine Hat. One of these trains was train No. 1 operating from
Vancouver through to Medicine Hat and thereby serving the area Penticton to
Nelson.
596
The Railway Company's evidence is that it made every effort to encourage
passenger patronage on these trains. These efforts were not successful and
traffic decreased until the Company withdrew trains 2 and 4 as, in its opinion,
there was not sufficient traffic to warrant their operation. Both were withdrawn
in 1954.
The following tables filed by the Company show the passenger carryings
on its trains between the years 1946 and 1958, inclusive. The figures show the
average passengers per trip, and show the decline in patronage over those
years:
SUMMARY OF REVENUE PASSENGER TRAFFIC 1946-1958 INCLUSIVE
AVERAGE PASSENGERS PER TRIP
Vancouver
Year to Penticton
Train 1
1946 (M)160
1947 87
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
Eastbound
Vancouver
to Odium
Tr. 1 Tr. 2
Odium to
Penticton
Tr. 1 Tr. 2
Penticton
to Midway
Tr. 1
Midway to
Nelson
Tr. 1
(M)82
(M)133
(N)67
(N)62
68
90
76
63
64
55
50
75
59
49
45
45
40
51
49
8
39
5
30
46
45
5
37
3
26
41
33
22
34
17
28
35
30
23
19
24
24
31
30
(O)20
31
(0)14
20
27
39
34
18
27
41
30
18
26
35
32
18
24
24
27
9
11
Nelson to Crowsnest to Nelson to Cranbrook to Yahk to
Year Crowsnest Lethbridge Cranbrook Lethbridge Lethbridge
Tr. 1 Tr. 4 Tr. 1 Tr. 4 Tr. 1-3 Tr. 1-3 Tr. 5
1946 (M)lll (M)71 (M)47
1947 86 55 39
1948 79 47 27
1949 58 39 21
1950 42 26 15
1951 43 (P)29 (P)H
TT 1 Tr. 4 Tr. 1 Tr. 4
1952 36 (R)25 26 (R)16 (S)12
1953 33 29 26 18
1954 30 (T)25 23 (T)17
1955 35 23
1956 32 18
1957 27 17
Tr. 1-3 Tr. 1-3
1958 16 20
Legend:
(M)— 1946
(N) —1947
(O) —1954
(P) —1951
(R) —1952
(S) —1952
(T) —1954
7 Months
8 Months
9 Months
9 Months
8 Months
4 Months
9 Months
597
SUMMARY OF REVENUE PASSENGER TRAFFIC 1946-1958 INCLUSIVE
AVERAGE PASSENGERS PER TRIP
Westbound
Lethbridge Lethbridge Cranbrook Lethbridge Crowsnest
to Yahk to Cranbrook to Nelson to Crowsnest to Nelson
Year Tr. 5
1946 20
1947 21
1948 13
1949 12
1950 8
1951 (B) 3
1952 (C) 4
1953
1954
1955
1956
1957
1958
Year Nelson
to Midway
Tr. 1
1946 (A) 119
1947 92
1948 73
1949 52
1950 46
1951 43
1952 38
1953 34
1954 28
1955 30
1956 28
1957 26
Tr. 1-3-6
1958 12
Legend:
Tr. 1-3 Tr. 1-3
(F)20 (F)20
Midway to Penticton
Penticton
to
Odium
Tr. 1
Tr.
1 Tr. 2
(A) 89
70
(G)68
52
50
64
38
40
52
31
30
15
27
27
14
26
33
14
25
37
18
24
30
(H)ll
20
32
19
28
18
17
Tr. 1-3-6
Tr. 1-3
9
26
1 T. 1 IT. 2
ir.i l r. h
(A)101
(A) 126
76
99
68
82
56
59
37
49
(B) 42
51
26 (D)20
37 (D)31
18 28
29 29
zU (L) 16
26
39
23
26
21
19
Odium to
Penticton to
Vancouver
Vancouver
Tr. 1 Tr. 2
Tr. 1
145
(G)65
84
55 60
46 53
38 17
34 15
38 13
45 13
36 (H)12
41
34
32
Tr. 1-3
27
(A) — 1946 = 7 Months
(B) — 1951 = 9 Months
(C) — 1952 - 4 Months
(D) — 1952 = Train 4: 8 Months
(E) — 1954 = 9 Months
(F) — 1958 — Conductors run extended Lethbridge to Cranbrook and reports sub-
mitted on this basis.
(G) — 1947 = 8 Months
(H) — 1954 - 9 Months
In my opinion the Company has made every reasonable endeavour to attract
passenger traffic to its trains, but nonetheless the patronage given to the trains
by the travelling public has declined.
In 1957 a study was conducted by the Research Department of the Railway
Company. As a result of this study, the Company says that its loss on train
No. 1 was $833,000 per annum. The Company was of the opinion that express,
mail and L.C.L. traffic could, with equal service to the public, be more economi-
cally handled by highway trucks and the passenger traffic carried by rail diesel
cars. The estimated deficit of such an operation was $146,000 per annum.
598
By reason of my conclusion it is not necessary for me to question the
accuracy of these costs.
By July, 1957, the Company had ordered six rail diesel cars costing some
$250,000 each. Four of the cars were to be used for regular service and two as
standbys. A tentative schedule had been arranged whereby a train would leave
Vancouver at 6:50 p.m., arrive at Nelson at 4:15 p.m. the following day and
reach Medicine Hat at 11:20 a.m. the day after. A train would leave Medicine
Hat at 6:30 p.m., arrive at Nelson at 11:50 a.m. the following day and reach
Vancouver at 10:30 a.m. the day after. This provided for an accelerated service
over that provided by the previous conventional train.
It should be mentioned that from October, 1957, the Company had in-
stituted a service to supersede train No. 1 and in anticipation of the proposed
R.D.C. service. This was a train consisting of diesel locomotive, baggage car
and coach. It ran on the following schedule:
Eastward Westward
Daily Daily
Lv.
(P.T.)
1.50
PM
Vancouver
Arr.
3.40
PM
Arr.
9.20
PM
Penticton
Lv.
8.10
AM
Lv.
9.30
PM
Arr.
8.00
AM
Arr.
6.45
AM
Nelson
Lv.
10.30
PM
Lv.
7.00
AM
Arr.
10.15
PM
Arr.
11.25
AM
Cranbrook
Lv.
5.45
PM
Lv.
11.35
AM
Arr.
5.35
PM
(P.T.)
Arr.
(M.T.)
8.20
PM
Medicine Hat
Lv.
10.20
AM
(M.T.)
The Company considered that the proposed R.D.C. service would place it
in a competitive position with highway traffic, particularly with buses, and also
in a competitive position to some extent with aeroplane service.
In January and February of 1958, by reason of depredations on the Com-
pany's line, the Company informed the Attorney General of British Columbia
that it was unable to protect its passengers and employees from such activities
without an extra expenditure for protection amounting to some $125,000 per
annum. Further, that if the Province was unable or unwilling to indemnify
the Company it would be obliged, in the interest of safety to operate its trains
only during daylight hours. Moreover, it would be obliged to do so only five
days a week when the track could be protected by its maintenance forces during
the ordinary course of their duties.
As the Attorney General did not deem the proposed protective measures
any guarantee of safety, he recommended daylight travel for the time being
and at the same time advised the Company that intensive investigations were
proceeding.
Accordingly, on February 5th, 1958, passenger service between Penticton
and Nelson was curtailed to running during daylight hours. At the same time it
was limited to two trains in each direction each week between these points,
operating westward on Monday and Thursday and eastward on Tuesday and
Friday.
By the time, therefore, that the R.D.C. cars had been delivered, the decision
had been taken to curtail the service, and the service by the R.D.C. cars has
always been a curtailed one.
599
The dissatisfaction of the present service is set out in the brief submitted
by the Nelson Chamber of Commerce. The requests made are:
(1) A fifteen-hour or better daily service between Nelson and
Vancouver.
At present the running time between Vancouver and Penticton is 7
hours and 5 minutes and between Penticton and Nelson 8 hours and 15
minutes, or a total running time of 15 hours and 20 minutes. However, due
to the stop-over at Penticton eastbound, the total time of the journey is
32 hours and 15 minutes.
(2) Adequate provision on the train for supplying light lunches
adequately prepared and served.
(3) An adequate supply of drinking water.
(4) Provision for heating liquids and food for young children.
(5) Installation of equipment to dim lights during the hours of
darkness.
In support of the first point, the Chamber of Commerce says that the inci-
dences of bombings are not as numerous as they have been in the past forty years
and that they have decreased greatly in the last two years; that if it is safe to
run trains two days a week it is safe to run them seven days a week; that freight
trains appear to be operating in hours of darkness and presumably that if it is
safe to operate freight trains at night it is safe to operate passenger trains at
night.
The Chamber of Commerce says that the Company's officials have stated
repeatedly that the reason for the curtailment of service has been the refusal
of the Government of the Province to provide assistance in patrolling the right
of way. If this is so, the Chamber of Commerce asks that the Company and
the Government responsible come to an agreement on cost sharing and that
patrols be provided. If the patrols are necessary, then the Chamber of Com-
merce supports the Company in its stand that the cost should be shared by
the Government.
The evidence of those requiring daily service is that alternate means of
transportation are unreliable. Castlegar airport, which serves Nelson, Trail,
Rossland and the West Kootenay generally, is so located that frequently during
the winter months planes are unable to land. During the Months of December,
1958, January and February, 1959, Canadian Pacific Airlines were unable to
land eighty-nine times in approximately one hundred and fifty scheduled flights.
This difficulty at Castlegar Airport exists from the latter part of October to
about the end of March.
The residents of the Kootenays are concerned over the difficulty of trans-
porting persons who are ill (particularly persons confined to stretchers) to and
from Vancouver.
The rail mileage between Vancouver and Nelson is 513 miles.
The conventional train took 23 hours from Vancouver to Nelson. It is said
that this service was not patronized as it was possible to drive to Vancouver or
go by way of an American railway in much shorter time.
The Chamber of Commerce is of the opinion that a 15-hour daily rail service
between Nelson and Vancouver, with the present service between Nelson and
Medicine Hat, would wipe out the present deficit of operation.
VI
600
Many submissions were made on behalf of other Boards of Trade and
Chambers of Commerce represented, including that of the Okanagan and
Boundary Associated Boards of Trade, who drew attention to the inconvenience
of residents of Carmi, Beaverdell, Westbridge, Rock Creek, Midway, Grand
Forks, Castlegar and surrounding areas.
Much has been said in the submissions as to the standard of the amenities
provided. This, although important to the travelling public, is of less conse-
quence than the possibility of the resumption of daily service and will be dealt
with in a following decision of the Board.
The almost unanimous opinion of those complaining of the present service
is that a daily R.D.C. service between Vancouver and Medicine Hat in each
direction would meet the demands of the area, provided there were reasonable
facilities for refreshments and on the assumption that the travel time from
Vancouver to Nelson would be no more than fifteen hours.
In the light of the evidence, I am of the opinion that the need of the residents
of the area presently requires a daily service running without interruption in
each direction between Vancouver and Nelson. It is desirable only that this
be a through service from Vancouver to Medicine Hat.
I would order such service between Vancouver and Nelson if I were satisfied
that it would be safe for the Railway Company to comply with such an order.
I am not satisfied that it would be safe.
The Company's evidence is that, beginning in 1923 and up to the present
time, there have been a total of 576 recorded depredations in the area. Of the
576, 72 have been directed against the Company's property. 1947 was the worst
year when there were 83 recorded depredations, but none in that year were
directed against the Company's property. In 1953, the second worst year, there
were 57 depredations, 17 of which were directed against the Company's property.
In 1954, 1955 and 1956, there were only one, two and three, respectively, directed
against the Company's property, but in 1958 the number increased to nine.
Those experienced in 1958 were, in the Company's opinion, of a more serious
nature than those previously experienced.
Between January 1st, 1923 and December 31st, 1958 the total cost to the
Company caused by such depredations, or estimated depredations, was $663,960.
This is the cost of investigations and protective measures and does not include
the cost of damage to equipment and installations.
In addition is the cost to the Government of the Province of British
Columbia. The cost to the Province of protection of the railway is some $52,000
to $53,000 per annum. The foregoing figures include no part of the police costs,
and there has been maintained in the area a police force that is in strength
many times greater than would normally be required.
A great deal of evidence has been given as to other aspects of the matter,
including alternative means of transportation. Being of the opinion that daily
through service should be resumed between Vancouver and Nelson, I am not
concerned with this and do not propose to deal with it.
It has been contended during the hearing that if the Company can run
two trains a week in each direction with safety between Penticton and Nelson
it can run a train in each direction every day of the week. This is correct. If,
however, it were to run a train in each direction for more than two days a week
it would necessitate bringing an additional R.D.C. into service and would entail
additional track inspection and therefore additional cost.
However, the Company's reason for limiting the service to two trains a
week is that, due to the interrupted service it finds necessary by reason of the
depredations, the passenger traffic, anticipated at the time the service was in-
stituted, and experienced since, does not warrant a train between Penticton
and Nelson more than two days a week in each direction.
601
The Company has filed tables showing by months the average number of
passengers carried daily on this line for the years 1946 to 1958, inclusive. The
daily averages for each year have been taken from these tables to the table
reproduced above. However, there follow the daily averages for each of the
months of 1957 and 1958 for the line from Vancouver to Nelson:
DAILY AVERAGES
Westbound
Nelson
Midway
Penticton
Odium
Midway
Penticton
Odium
Vancouver
y GCLT
1957
Train 1
Train 1
Train 1
Train 1
Jan
25
20
28
34
Feb
25
17
23
30
Mar
22
14
19
26
Apr
21
15
23
30
May
23
15
22
29
June
26
20
28
34
July
36
22
31
40
Aug
38
22
44
50
Sept
23
18
29
35
Oct
22
17
22
7
Nov
20
23
13
27
Dec
33
22
42
46
TOTAL
314
225
324
388
AVERAGE . .
26
18
17
32
Eastbound
Vancouver
Odium
Penticton
Midway
Odium
Penticton
Midway
Nelson
Year
1957
Train 1
Train 1
Train 1
Train 1
Jan
34
33
22
28
Feb
26
24
16
22
Mar
25
24
13
19
Apr
30
28
16
22
May
38
34
17
23
June
41
37
16
25
July
51
42
24
37
Aug
55
48
23
35
Sept
38
32
20
27
Oct
10
12
22
17
Nov
27
25
12
18
Dec
45
42
20
26
TOTAL
420
381
221
299
AVERAGE
35
32
18
24
Note: Train # 1 — C.P.R. Designation 67-68
602
DAILY AVERAGES
Westbound
Nelson
Midway
Penticton
Odium
Midway
Penticton
Odium
Vancouver
Year
Train
Train
Train
Train
1958
1-6-3
1-6-3
1-3
1-3
Jan
30
20
34
41
Feb
6
3
21
28
Mar
. ; . 8
7
16
18
Apr
3
22
5
May
7
6
21
24
June
10
10
25
23
July
18
18
37
37
Aug
22
23
44
42
1 o
12
25
nr
25
Oct
3
3
23
22
Nov
12
3
22
24
Dec
14
11
31
35
TOTAL
147
119
321
324
AVERAGE
12
9
26
27
Eastbound
Vancouver
Odium
Penticton
Midway
Odium,
Penticton
Midway
Nelson
Year
Train
Train
Train
Train
1958
1-3
1-3
1-6-3
1-6-3
Jan
33
25
14
21
Feb
21
21
3
6
Mar
18
20
6
8
Apr
a
28
i a
lb
no
May
23
23
6
7
June
27
29
5
8
July
39
39
11
12
Aug
40
41
19
16
Sept
23
25
5
8
Oct
19
21
17
27
Nov
15
21
4
7
Dec
33
34
7
11
TOTAL , .
297
327
113
153
AVERAGE
24
27
9
11
Note: Train # 1 — C.P.R. Designation 45-46
# 3_ « » 45-46
" # 6— " " 45-46
It will be seen from the foregoing that with the institution of the inter-
rupted R.D.C. service in February of 1958 the passenger traffic dropped appre-
ciably (although it appears to have increased somewhat during the summer
603
months). However, the average number of passengers carried by the conven-
tional train during January of 1958, and by the interrupted R.D.C. service for
the remaining eleven months, was as follows:
1958
Eastbound
Penticton to Midway 9
Midway to Nelson 11
Westbound
Nelson to Midway 12
Midway to Penticton 9
Accordingly, in my opinion, no Order should be made upon the Railway
Company at the present time, and in the circumstances now pertaining, to
increase the service between Penticton and Nelson.
The estimated cost of providing protection adequate to permit of daily
service between Penticton and Nelson is a non-recurring cost of some $18,600.00,
together with an estimated annual cost of wages and supplies of $140,145.00.
These are direct costs. In addition, there is an indirect cost of supervision
amounting to some $25,000 per annum, which last cost the Railway Company
is prepared to bear.
On June 24th, at the conclusion of the hearing in Nelson, the Board ex-
pressed to the parties, through their Counsel, its interim view which was as
follows:
"1. The Board considers that daily service should be re-established by
the railway (with adequate announcement) in both directions between
Vancouver and Medicine Hat — this to be by R.D.C. cars substantially as
originally proposed by the Railway.
2. It is not for the Board to dictate the schedule upon which the railway
will operate.
3. It seems clear that the railway considers that the best service is one
that will leave Vancouver and arrive in Vancouver at reasonable times,
while making connection with the train to Calgary at Fort McLeod and
The Canadian' and other trains at Medicine Hat.
4. To do this, it may be necessary to run through the area Penticton
to Nelson in both directions partly during the hours of darkness.
5. The railway considers that, with the assistance of the Provincial
Government, it has adequate protection to run trains between Nelson and
Castlegar and down to Trail during hours of darkness.
6. The running trades consider this protection adequate.
7. The Board wishes comparable protection afforded on the line Castle-
gar to Penticton.
8. The Board wishes the assurance that such protection will be in-
stituted on some basis of cost sharing that is satisfactory to the Government
of British Columbia and the railway.
9. The Board wishes this protection to be agreed upon in time to
institute through service by July 31st, 1959.
10. When this protection is agreed upon, the Board wishes the
assurance:
(a) of the Attorney-General that, in the opinion of the Government
of the Province, the measures will afford adequate protection to
the travelling public;
604
(b) of the railway that in its opinion the measures will afford adequate
protection to its passengers and employees and to its equipment;
(c) of the Running Trades that, in the opinion of their representatives,
the measures will afford adequate protection to its members.
11. The through service will be maintained until July 31st, 1960, after
which time the railway will be free to apply to the Board to vary the order
in the light of the patronage given to the daily-through-service generally
and in particular between Penticton and Nelson.
12. Upon receiving this assurance, the Board will either treat the
matter as settled by agreement until July 31st, 1960 — or, if required to do
so, make a consent order.
13. Should an incident or incidents occur or any situation arise that
requires a variation of this order, the parties or any interested parties may
apply for any variation of the order.
14. The other matters of adequate refreshments, the dimming of lights,
etc., have been brought to the attention of the railway fairly forcibly during
these proceedings. The Board leaves this to the management of the C.P.R.
to see that the reasonable requirements of the travelling public are met in
accordance with Section 315 of The Railway Act."
The proceedings were resumed on July 2nd in Vancouver to hear from
Counsel as to whether their instructions would permit of a conclusion on the
above basis.
At the resumed hearing on July 2nd, Counsel for the Attorney-General
stated the Provincial Government's position as follows:
Mr. Pearson: "Well, Mr. Assistant Chief Commissioner, it was not until
yesterday morning that the representatives of the railway company and
the provincial government were able to get together and confer on this
matter.
I regret to report we have not reached an agreement on the matter of
cost, sharing the estimated cost of the additional protection. The estimated
costs were not available until the day before yesterday and as I said before,
yesterday morning was the first opportunity that we had to get together
on this.
Actually I cannot say that the government is prepared to share the cost
or pay any part of the cost but there has been no indication that they are
not prepared to do so. Actually there has been no statement on that point.
It is still felt that this is really not a police matter so much as a matter for
the army, that is, extending protection to the railway company along its
railway tracks.
The R.C.M.P., as I have said before, are doing everything that they
can police-wise to extend the protective measures that will enable the
company to operate and to prevent these depredations. The provincial
government has done everything it can to facilitate and carry out any
recommendations that the R.C.M.P. have made in regard to extending
protection. They have not been frustrated in any way insofar as the
provincial government is concerned.
In regard to the item in the interim memorandum dealing with an
assurance that an extension of protection will be adequate to enable the
public to travel in safety, I doubt very much whether any such assurance
can be given. It is felt that people travelling on that line must take a
calculated risk and it is not believed possible to provide protective measures
that will eliminate entirely the dangers that the public faces and the rail-
way company employees face in the operation of their railway trains.
605
I think that is about all I can say."
The Assistant Chief: "I take it that the provincial government feels,
when you say this is rather a matter for the army, that it is almost such
as requires the intervention of the army in aid of a civil body."
Mr. Pearson: "Yes, I think that is what is meant, although I must say
that the Attorney-General didn't elaborate on it. It was his expressed view
that this is a matter that goes beyond normal police protection and falls
more in the field of the army than normal police protection although as it
was indicated in the evidence, the police force in this area has been very
greatly strengthened and I think it is correct to say that something far
more than normal police protection is being given in that area and every
measure known to the police has been taken that they believe is reasonably,
reasonable in the circumstances."
The Railway Company's position was stated by Counsel for the Railway
Company as follows:
Mr. Spence: "Now, our position as explained to the Attorney-General
yesterday was that the Canadian Pacific feels that it cannot assume the
expense for maintaining law and order within the community. If the
government — of course it is not for us to say who is to assume the responsi-
bility, whether it is the provincial government or the Dominion govern-
ment— but if the cost of policing is assumed insofar as these foot
patrols are concerned and these extra non-recurring costs are concerned
the railway will provide the necessary
supervision of the patrolling."
(The next two paragraphs giving some particulars of protective measures
are omitted).
Mr. Spence: "Now, as to item 9 of the Board's interim memorandum,
the Canadian Pacific feels that it cannot agree to institute through service
by July 31st for the reason that it may not be possible to secure the neces-
sary foot patrolmen by that time
and we cannot be certain at all
that we can get the men who will be prepared to undertake that work by
the 31st of July.
In Item 10, the Board asks for the assurance that the measures pro-
posed will afford adequate protection. Now really, my only comment is
as to the word 'assurance'. We, of course, cannot guarantee it, I don't believe
the Board expects us to guarantee that this will prevent all depredations
but what we can say is that if this protection is provided the railway com-
pany is prepared to institute the daily service, the through daily service
that we discontinued in February of last year, recognizing that there may
be some risk involved, but it is a risk that we are prepared to take to get
the service going again.
Now, item 11 provides that the through service will be maintained
until July 31st, 1960, after which time the railway will be free to apply
to the Board to vary the order in the light of the patronage given to the
daily through service generally and in particular between Penticton and
Nelson. It is our feeling that a fixed date of this kind is not desirable. We
would like to give this through daily service a very fair trial to see whether
it brings back the traffic but I do suggest that we should not be bound to
80112-6—2
606
continue it for a year if every indication is that the traffic is not coming
back to us, even though there is good and fairly advertised and fairly
operated service given there.
Then as to item 13, this is the last comment that we have on these
items, should an incident or incidents occur or any situation arise that
requires a variation of this order, the parties or any interested party may
apply for any variation of the order. I suggest that if the Board is going
to make an order with a term of that kind in it it should not put us in the
position that if a situation of danger arises we must go to the Board in
Ottawa and get leave before we take our trains off. I think we should be
at liberty, if we know something dangerous to be there, to stop our trains
immediately. And that is the position as fully as I can state it at the moment
unless the Board has some further questions as to the details that they
would like me to give."
The Assistant Chief: "Now, you have dealt with most of it, Mr.
Spence, but item 8."
Mr. Spence: "Yes, sir."
The Assistant Chief: "Do we proceed on what Mr. Pearson has said
that no agreement is possible on that at the present time, but that the
railway has offered to pay 25 per cent of the direct costs for protection?"
Mr. Spence: "The railway offered to pay — well, it is perhaps not — I
think our estimate was that it was about $25,000. Not 25 per cent, about
$25,000 a year that it would cost us for this supervision and we are prepared
to assume that if the foot patrols, the expenses of the foot patrols as shown
in this statement, are assumed by the proper police authority."
Commissioner Woodard: "Well, Mr. Spence, you stated $25,000 as
your share towards supervision. I understood you to say beforehand that
you were prepared to handle the cost of supervision separate and apart
from this, but you meant by the $25,000, that would be $25,000 towards
the total of $138,000?" (Now estimated for the first year of operation at
$158,765.00, including some $18,600.00 of non-recurring cost).
Mr. Spence: "No, sir, the $25,000 that we are prepared to assume is
not shown in this statement at all. That is our own expense. This is the
expense that we would expect someone else, presumably the governments,
to assume."
Commissioner Woodard: "I see."
Mr. Spence: "And as far as our own expenses are concerned, we will
take care of those, but they are not shown in this statement."
The Assistant Chief: "So that presumably the governments would
bear the non-recurring cost and would bear the annual direct cost, the
railway bearing the cost of supervision in an amount of approximately
$25,000 per annum?"
Mr. Spence: "Yes, sir."
The Assistant Chief: "Now, Mr. Pearson says that the Province of
British Columbia cannot see its way clear to do that at the present, feeling
that it is affording every protection that can reasonably be expected of it,
and that this is a matter rather of the intervention of the army rather than
police protection. Am I stating that correctly, Mr. Pearson?"
Mr. Pearson: "Well, I would say, Mr. Assistant Chief Commissioner,
that the Province has not closed the door on this. The Attorney- General
feels that we need more time to discuss the matter of costs, but he has not
issued any statement as to just what the Province's position is but obviously
he is prepared to discuss it further. I think that is the situation, Mr. Spence."
Mr. Spence: "Yes, that is my understanding of our meeting yesterday."
Mr. Pearson: "But in the time available we were not able to reach
an agreement."
607
The position of the Chambers of Commerce and the Joint Running Trades
stated as follows:
The Assistant Chief: "Well, Mr. McBride, have you anything to add?"
Mr. McBride: "Well, just as far as the Chambers of Commerce and
the running trades are concerned, I would like to express the view that
we consider the administration of justice covers the problem of furnishing
adequate protection for the railway and that we do consider it comes within
the provincial jurisdiction. And further that if the Province does consider
that this is a highly unusual matter that should get some further assistance
from the Federal Government, we feel that the proper direct appeal has
never been made to the Federal Government.
As far as the road protection as well, the Running Trades, as Mr.
Towhey testified in Nelson, would be quite prepared to operate the trains
24 hours a day between Castlegar and Penticton provided there was the
assistant section men patrolling the road on Saturdays and Sundays."
Mr. Spence: "Assistant road master."
Mr. McBride: "Assistant road master, yes, between Cascade and Midway.
Actually they are not requiring the protection that Mr. Spence was talking
about this morning where it would be down to "
The Assistant Chief: "But I take it that if the railway and the
Government of the Province are able to arrive at some satisfactory arrange-
ment, then item 10(c) does not present any problem as far as the Running
Trades are concerned?"
Mr. McBride: "Yes, that is correct."
The matter at that time, therefore, rested as follows:
The Assistant Chief: "Mr. Smith (appearing on behalf of the United
Mine, Mill and Smelter Workers), have you anything to add?"
Mr. Smith: "I don't think I could say anything that would be helpful
at this time, Mr. Commissioner. My position, I think, is a little different
than the other parties."
The Assistant Chief: "Yes. Well, just to review what has been said,
the matter is still under negotiation, Mr. Pearson?"
Mr. Pearson: "Yes, that is right."
The Assistant Chief: "The only reservation that you have made on
behalf of the Provincial Government is that it, if an agreement is reached,
may not be prepared to give the assurance referred to in paragraph 10(a) ?"
Mr. Pearson: "Yes, that is correct. It is felt they cannot go that far."
The Assistant Chief: "And as far as you are concerned, Mr. Spence,
if an agreement is reached, then you would want a variation of paragraph
11 so that you would not be bound by any specified period of time. And
as to 13, something I think we can assure you of now, that in the event
of any such incident occurring, naturally we would expect the railway to
take promptly what measures were necessary and not feel it had to
refer to the Board."
Mr. Spence: "Yes, sir, I think there is no doubt that we would take
those measures."
The Assistant Chief: "I am sure you would."
Mr. Spence: "But if we had an order of the Board such as this limiting
us we would be violating the order of the Board in ceasing to run our trains
in the face of danger and of course the Board does not want us to be in that
position."
The Assistant Chief: "We would not want that. And the only other
qualification you have, Mr. Spence, is as to 10(b). The fact of the railway
80112-6— 2i
608
resuming service would speak for itself, in resuming service it itself was
reasonably assured that such reasonable measures had been taken as were
reasonably consistent with safety."
Mr. Spence: "I think that is a very fair way of putting it, sir. We
cannot say it would eliminate all danger but it is the best we can do to
eliminate danger so far as we can within reasonable bounds. And we are
prepared to operate the trains if this is done and take whatever calculated
risk is involved."
The Assistant Chief: "Now, what do you think, Mr. Pearson, would be
a reasonable time for which this matter should be adjourned to allow a
further discussion or discussions to take place?"
Mr. Pearson: "It is a bit difficult to answer that, but I should think
about two weeks anyway."
The Assistant Chief: "The only thing is, Mr. Spence, you will be in
Toronto for part of that time and be absent all of that time, won't you?"
Mr. Spence: "Well, sir, that need not make any difference, I think,
because Mr. Dent, our solicitor for British Columbia, is here and he can
carry on the negotiations under instructions from our officials here."
The Assistant Chief: "I see."
Mr. Spence: "And I don't think that would present any obstacle at all.
We and all of us in the company are prepared to enter into such negotia-
tions as are necessary at any time."
The Assistant Chief: "Right."
Mr. Spence: "And we want to assist in this all we can. If we can
confer with the Province whenever it is convenient for them to do so, we
will be prepared to put ourselves at their service."
The Assistant Chief: "Our suggestion is that this matter be adjourned
until Monday, the 20th of this month. Now, if, Mr. McBride and Mr. Smith,
some arrangement can be come to between the railway and the Govern-
ment of the Province, we don't want to put you to the expense of, say,
coming to Ottawa. If such an arrangement is made, may we take it that
it would have your consent if service was resumed on the general under-
standing set out in the memorandum except that there would be some
qualification by the Government of the Province of what is asked of it in
paragraph 10(a), there would be a qualification by the railway of 10(b),
there would not be a fixed period of time as in paragraph 11, and there
would be the liberty of action to the railway that safety requires under
item 13."
Mr. McBride: "Well, that would be quite satisfactory as far as the
Running Trades are concerned."
The Assistant Chief: "And you are speaking now for the Chamber of
Commerce?"
Mr. McBride: "And for the Chamber of Commerce."
The Assistant Chief: "Mr. Smith?"
Mr. Smith: "Yes, I think that is satisfactory, Mr. Commissioner."
The matter was then adjourned until July 20.
At the request of Counsel for the Attorney-General, the resumed hearing
was adjourned from July 20 to July 30, at which time Counsel appeared for the
Attorney-General and for the Railway Company. The Running Trades were
represented by their executive officers.
At the hearing a proopsal was made by the Attorney- General of British
Columbia, which is best set out in the telegram of instructions to Counsel, which
telegram was read into the proceedings.
"Would appreciate your attendance on behalf of the Attorney- General
before hearing Transport Board July 30, C.P.R., Kettle Valley. Board had
609
asked Railway Counsel to explore possibility of Province assisting in pro-
vision to guard and inspection of railway line. Informed proposals by
Railway indicate Railway wishes Province to assume 93 per cent of main-
tenance costs involved plus about one-half small capital outlay. Without
further opportunity to explore Attorney-General requests you to advise
Board that Province prepared to assume one-third of cost Provincial share
not to exceed $50,000 and providing Federal Government and Railway each
assume another one-third. Assistance to continue until December 31, 1960
or until service discontinued by Railway whichever earlier, when whole
matter to be reviewed."
It should be said at this point that the Railway Company does not admit
that it is asking the Province of British Columbia to assume 93 percent, or any
like proportion of the proposed cost.
In order to permit of time for the consideration of the above proposal, the
hearing was adjourned until September 9th, and later to October 6th.
Shortly before October 6th, the Railway Company received the following
telegram from the Deputy Attorney-General of British Columbia:
"Two governments are in consultation over proposals placed before
Board. No conclusions reached yet. Would suggest a further adjournment.
If you agree please advise Lee Kelley (Counsel in Ottawa for the Attorney
General) who will take the necessary steps."
Counsel for the Attorney-General and Counsel for the Railway Company
accordingly requested a further adjournment to give time for results to come
from such consultation.
The hearing was resumed on December 8th. At that time neither Counsel
for the Attorney-General nor Counsel for the Company could report any con-
clusions in the matter. Counsel for the Attorney-General did state that, although
he was not asking for a further adjournment, his instructions were that negotia-
tions between the Government of the Province and the Dominion Government
had not terminated but were continuing.
I express no view as to the responsibility in this matter as between
Governments. However, the Railway Company has the right, in my opinion,
to run its trains through the area without molestation or fear of molestation.
The travelling public has the right to the same expectation.
The Board can no longer defer its Judgment in this matter.
In my opinion, no Order should be made at this time upon the Railway
Company in respect of its present service between Vancouver and Medicine Hat.
However, at such time as
(a) a sufficient time has elapsed without depredations occurring in the area
as to remove, beyond reasonable doubt, the threat to the travelling
public and to the Railway, or
(b) such protective measures have been taken as are, in the opinion of the
police forces administering such measures, sufficient to protect the
travelling public and the Railway,
then, if the Railway Company has not, of its own accord, resumed a service
which in the then existing circumstances meets the reasonable needs of the area,
an application may be made to this Board to require it to do so.
H. H. GRIFFIN.
Jan. 4, 1960.
I concur:
L. J. KNOWLES
J. M. WOODARD.
610
CIRCULAR NO. 281
Ottawa, January 4, 1960
Applications made by Railway Companies for permission to remove Station
Agents, Caretaker -Agents or Caretakers, under Sections 181 and 182 of
The Railway Act.
File: 4205.7
In order to permit more expeditious consideration of applications received
from the Railway Companies for permission to remove Station Agents, Care-
taker-Agents or Caretakers, the following procedure is suggested:
The application to be submitted in duplicate and supported by a statement
showing particulars of the earnings by months for two complete years imme-
diately prior to the application. These earnings to be segregated as follows:
1. The earnings at the station proper to be reported separately from
the earnings at flag stations under the jurisdiction of the Agent concerned.
2. Freight Revenue: Statement shall show the number of l.c.l. con-
signments received and forwarded in addition to the revenue in each case;
carload shipments to be tabulated in the same manner.
3. Passenger Revenue: The statement shall include the number of
tickets sold, together with the revenue from ticket sales.
4. Eocpress Revenue: The statement shall show the number of inbound
and outbound express shipments, in addition to the revenue in each case.
5. Telegrams: The statement shall show the number of messages
received and forwarded with accrued revenue.
6. Each submission shall be supported by a summary showing the total
revenue derived from all sources for each year at the station concerned,
including subsidiary or flag station revenue.
The following additional data shall also be submitted with the application:
a. Particlars of the population of the communities served by the station.
b. A description of the Municipality, whether an incorporated Village,
Town, or Farming District, etc.
c. Particulars of the industries served by the Railway through the
station facilities.
d. Distance to the nearest open stations by rail and highway.
e. Particulars in respect to other forms of transportation available,
specifically bus and truck services.
The information required in Paragraphs a. to e., inclusive, may be
modified in respect of applications where such information is not pertinent.
A notice to be posted at the station affected at the time the application is
submitted to the Board, reading as follows:
"Application for authority (to remove the Station Agent, Caretaker-
Agent, Caretaker or replace the Agent with a Caretaker) has been filed
with the Board of Transport Commissioners.
For further information consult (name and address
of authority or authorities with whom application has been filed in accord-
ance with requirements of General Order No. 119)".
A copy of the above notice shall be forwarded to the Director of
Operation of the Board of Transport Commissioners at Ottawa.
Circular No. 270, dated February 28th, 1952, is hereby rescinded.
By Order of the Board,
C. W. RUMP,
Secretary.
611
CIRCULAR No. 282
Ottawa, January 7, 1960
Maritime Freight Rates Act — Import Traffic.
File No. 34822
It has been alleged that certain importers of goods from countries outside
of Canada obtain the benefits of the statutorily reduced rates under the pro-
visions of the Maritime Freight Rates Act, Chapter 174, R.S. 1952, for the trans-
portation by rail from ports of entry in the Maritime Provinces, such as West
Saint John, N.B., Saint John, N.B., and Halifax, N.S., notwithstanding the
provisions of subsection 5(c) of the Act, which reads:
"5. For greater clearness, but without intending to enlarge by any
omission the scope of Section 4, it is declared that the following are not
preferred movements:
(c) import traffic to Canada, originating at points overseas; for
example, Liverpool to Moncton or to Toronto;"
It has been alleged that import traffic, upon reaching the Canadian sea-
board, is cleared from customs and subsequently tendered to the railway as
domestic shipments without any indication of importation appearing on the
shipping documents.
It has been also alleged that arrangements of this kind are made with the
full knowledge of the railway companies involved in the inland transportation
and in some cases with their assistance.
The Board has been asked to rule upon the legality of this alleged practice,
and in the event of its illegality, to take steps to terminate the practice.
The Board has decided to afford an opportunity to interest parties to make
submissions respecting the allegations and the application of the said Act
to traffic imported through ports in the Maritime Provinces, and will, if it
deems it necessary, hold a public hearing in that respect.
Interested parties are accordingly invited to file submissions and therein
to indicate, with examples, what rail movements of goods subsequent to their
importation at the said ports are preferred movements within the meaning
of the said Act, and what rail movements of such goods are not preferred
movements.
Without limiting the scope of the preceding paragraph, interested parties
are invited to answer the following questions:
(1) When and in what circumstances does import traffic to Canada,
originating at points overseas, imported through Halifax, become domestic
traffic qualifying as a preferred movement?
(2) If an importer located at Moncton takes delivery at Halifax, by
himself or by an agent, of goods shipped from England consigned to him
at Halifax, clears from customs there and thereupon ships them by rail
consigned to himself at Moncton, is the rail movement a preferred move-
ment?
(3) If an importer located at Toronto takes delivery at Halifax, by
himself or by an agent, of goods shipped from England consigned to him
at Halifax, clears from customs there and thereupon ships them by rail,
consigned to himself at Toronto, is the rail movement a preferred
movement?
(4) If the importer located at Toronto arranges that the goods be
shipped from England, consigned to a freight forwarder at Halifax who
will accept delivery at Halifax and pay the customs duty and then ship
612
the goods by rail to Toronto consigned either to the Toronto importer, or
to himself for subsequent delivery to the importer, is the rail movement
a preferred movement?
(5) If a manufacturer in England sells goods for delivery at Halifax,
do the goods cease to be "import traffic to Canada" within the meaning of
Section 5(c) upon delivery at Halifax to the consignee?
The railways serving the said ports are requested to file their submissions
and to state therein the practice they follow in soliciting or accepting shipments
of imported goods at those ports for carriage by rail; and the enquiry they
make and the nature of the evidence or information they obtain in order
to enable them to ensure that the shipments they carry at rates directed or
authorized by the said Act are shipments entitled to be carried at such rates.
The said railways and each other party that files submissions are requested
to file ten copies with the Secretary of the Board of Transport Commissioners
for Canada, Union Station Building, Ottawa, not later than February 8, 1960,
and concurrently mail one copy to each of the parties listed hereunder:
J. W. G. Macdougall, Esq., Q.C.,
Commission Counsel,
Canadian National Railways,
Montreal, P.Q.
K. D. M. Spence, Esq., Q.C.,
Commission Counsel,
Canadian Pacific Railway Company,
Montreal, P.Q.
Honourable R. L. Kellock, Q.C.,
c/o Blake, Cassels & Graydon,
Canadian Bank of Commerce Building,
Toronto 1, Ont.
Lep Transport (Canada) Limited,
417 St. Peter Street,
Montreal 1, P.Q.
The Maritimes Transportation Commission,
Moncton, N.B.
National Harbours Board,
Ottawa, Ont.
The Canadian Industrial Traffic League,
20 Bloor Street West,
Toronto 5, Ont.
Canadian Manufacturers Association,
67 Yonge Street,
Toronto, Ont.
Lome Tracey, Esq.,
Executive Secretary,
Dominion Chartered Customs House Brokers,
Board of Trade Building,
Montreal, P.Q.
Walter Sparks, Esq.,
General Traffic Manager,
The T. Eaton Co. Limited,
Toronto, Ont.
613
Charles LaFerle, Esq.,
General Traffic Manager,
Robert Simpson Company Limited,
Toronto, Ont.
Canadian Importers and Traders Association,
c/o Charles LaFerle, Esq.,
General Traffic Manager,
Robert Simpson Company Limited,
Toronto, Ont.
Canadian Retail Federation,
c/o Charles LaFerle, Esq.,
General Traffic Manager,
Robert Simpson Company Limited,
Toronto, Ont.
Halifax Board of Trade,
Halifax, N.S.
Saint John Board of Trade,
Saint John, N.B.
Moncton Board of Trade,
Moncton, N.B.
By Order of the Board,
C. W. RUMP,
Secretary.
614
ORDER No. 100066
In the matter of the joint application of Canadian National Railways and Cana-
dian Pacific Railway Company for an Order amending Order No. 97269,
dated March 3, 1959, respecting signboards and the markings of such
signboards with reflective material, at certain highway crossings:
File No. 27214.43
Tuesday, the 29th day of December, A.D. 1959
Rod Kerr, Q.C., Chief Commissioner.
J. M. Woodard, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
The said Order No. 97269, dated March 3, 1959, is amended—
(a) by striking out in paragraph numbered one the words and figures
"31st day of December, 1959" and substituting therefor the words and
figures "30th day of April, 1960";
(b) by striking out in paragraphs numbered one and two the word
"Appendix "A" " and substituting therefor the words "Appendix "A"
Amended".
ROD KERR,
Chief Commissioner.
615
Appendix "A", amended, io Order No. 97269
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE
MATERIAL IS TO BE PLACED ON RAILWAY CROSSING SIGNS
Canadian National Railways
Subdivision
Mileage
Subdivision
Mileage
Subdivision Mileage
Province of Newfoundland
Province
of P.E.I.
Province of Nova
Scotia
(Continued)
(Continued)
"Ri«?hnn "Falls
LJ 1 > l HJ {J A alio
276.28
Montague
.65
Sydney
46.17
278.19
52.08
280.28
Vernon
2.20
63.55
294.30
93.61
399.36
Province of Nova Scotia
99.22
1 09 m
Bonavista
.82
Chester
17.70
18.06
22.74
Yarmouth
59.81
1.16
fa rhnnpar
11.20
64.30
2.60
94 on
71.82
12.42
80.15
50.70
Clarenville
133.36
9Q0 9K
Bedford
53.57
255.37
59.68
Yarmouth Spur
.82
Port Basque
407.79
Dartmouth
32.07
453.80
Province of
523.19
Hopewell
3.04
New Brunswick
546.06
20.61
73.76
Albert
21.81
St. Johns
.3
Bathurst
71.97
.44
Inverness
39.70
2.91
55.22
78.10
3.37
82.29
17.44
Middleton
1.83
106.31
23.69
15.04
1.81
49.76
52.80
Caraquet
66.42
72.95
Province of P.E.I.
Connor
12.72
Borden
.25
Mulgrave
43.66
2.30
73.76
7.42
121.10
Centreville
7.20
10.89
69.80
Oxford
32.85
101.70
Kensington
10.34
41.68
148.70
12.71
45.94
35.60
47.48
Chester
80.15
38.81
49.01
47.08
Dalhousie
2.60
Pictou
5.63
Murray Harbor
7.24
Franklin
.50
20.15
Pugwash
2.43
45.34
Grand Falls
75.22
Scotia
6.22
96.88
Souris
8.59
Springhill
.41
Harcourt
13.38
Tignish
.38
1.35
61.82
.62
23.02
70.05
.75
33.27
52.42
42.53
Havelock
11.94
616
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of New Bruns-
wick (Cont'd)
Loggieville
Nashwaak
Point Chene
Springhill
Sussex
St. Quentin
Temiscouata
Tormentine
11.67
16.48
31.68
109.18
108.10
8.59
124.72
6.44
12.06
13.11
20.77
84.20
.9
3.53
36.77
43.71
63.84
102.67
105.39
81.08
19.87
19.62
Province of Quebec
Armagh
Ashton
Alexandria
Beachburg
Beauharnois
Batiscan
43.93
54.60
79.49
82.15
97.93
.40
30.94
35.76
46.86
50.45
52.78
56.69
61.63
59.30
.13
2.30
5.22
8.40
22.75
Province of Quebec
(Cont'd)
Cascapedia
Chandler
Cornwall
Danville
Deschaillons
Drummondville
Glendyne
Granby
Grande Mere
Harlaka
112.38
11.68
24.18
44.69
51.73
89.49
3.69
11.07
47.49
52.81
57.48
11.30
12.74
23.90
29.20
43.64
27.72
46.35
49.25
78.29
87.04
10.40
Dobell Ave. Spur 1.19
8.69
33.65
58.92
64.03
72.03
75.64
84.95
91.77
102.72
118.70
116.55
15.80
21.55
31.29
45.69
46.23
47.09
.14
21.83
24.35
25.38
63.47
66.82
78.06
86.92
95.70
Province of Quebec
(Cont'd^
Hemmingford
Jonquiere
Jonquiere Spur
Lachine Spur
L'Assomption
La Tuque
Lemoyne
Longue Pte.
Macamic
Massena
Matapedia
Montfort
19.43
70.08
109.00
110.45
114.10
114.54
114.70
114.80
115.00
115.29
.36
1.15
1.50
4.14
20.36
29.76
73.60
121.60
122.29
.12
.67
.65
2.63
5.08
5.92
6.62
8.83
8.87
8.93
8.98
25.88
40.27
10.94
18.52
17.29
35.62
56.61
45.54
75.93
20.27
31.17
35.36
40.37
54.94
617
Subdivision
Mileage
Subdivision
Mileage
Subdivision
Mileage
Province of Quebec
(Cont'd)
Montmagny
Montmorency
Murray Bay
Oskelaneo
Rawdon
Rimouski
Roberval
Rouses Point
Rouyn
Sherbrooke
Sorel
16.34
35.08
71.57
83.01
4.15
9.53
17.01
20.52
28.94
48.96
59.62
59.85
137.60
9.06
41.12
47.77
56.39
69.76
43.90
44.80
57.43
22.58
31.77
38.05
39.84
41.48
24.53
24.99
37.17
43.95
70.45
70.67
.96
2.25
2.43
2.55
2.62
2.79
2.84
8.83
14.44
43.69
44.43
45.45
Province of Quebec
(Cont'd)
St. Hyacinthe
St. Judes
St. Stanislas
Temiscouata
Val d'Or
West Shefford
Yamaska
7.33
14.43
22.10
22.38
28.25
36.14
38.53
43.97
47.40
59.03
59.36
8.15
15.22
9.50
42.81
60.25
53.30
100.49
28.36
5.53
9.75
11.47
15.44
32.14
32.39
Montreal & Southern
Counties
Granby 7.95
15.80
21.55
23.10
31.29
35.95
45.43
45.69
46.31
46.55
47.09
Province of Ontario
Alderdale 76.99
97.80
102.83
144.30
Alexandria 79.34
104.61
106.30
Province of Ontario
(Cont'd)
Alliston
Alvinston
Bala
Beach
Beachburg
Burford
Brampton
37.50
38.60
39.30
10.57
19.46
23.65
32.94
33.80
35.44
41.06
45.18
54.63
62.85
63.84
72.40
78.50
81.50
1.63
2.03
6.15
3.34
3.60
4.33
5.54
11.40
13.70
73.20
76.60
78.85
88.80
.42
.69
1.12
1.22
1.64
5.42
6.09
10.47
33.11
11.07
20.64
21.38
24.06
33.54
49.09
50.24
71.53
72.50
87.95
618
Subdivision
Mileage
Subdivision
Mileage Subdivision
Mileage
Province of Ontario
(Cont'd)
Campbellford
Cayuga
Chaudiere
Branch
Chatham
Coboconk
Cornwall
Cross Mission
Dorion
Dundas
2.45
2.80
3.35
4.53
16.83
32.25
62.50
62.80
62.85
63.03
63.10
63.17
64.49
76.70
76.86
5.60
11.58
32.94
74.27
84.44
105.65
118.46
118.87
118.99
91.95
1.24
2.42
12.15
22.01
60.37
79.61
73.97
79.61
84.50
88.81
95.83
98.42
1.27
23.70
11.40
23.90
29.20
43.64
116.57
.56
20.10
20.80
42.27
59.51
Province of Ontario
(Cont'd)
Dunnville
Drumbo
Durham
Exeter
Fergus
Forest
Ft. Frances
8.88
18.84
18.99
19.11
19.35
19.38
21.90
26.97
37.77
38.09
47.78
61.52
63.05
67.68
74.51
7.29
15.76
3.25
5.07
12.37
23.86
27.04
37.84
14.92
15.02
15.53
16.14
18.28
18.58
19.56
30.45
30.48
30.75
30.63
46.46
49.99
58.05
62.81
69.10
9.39
22.44
25.99
38.76
46.76
56.71
68.48
47.43
90.05
109.06
115.98
123.46
128.76
117.06
Province of Ontario
(Cont'd)
Grimsby
Ft. William
Loop Line
0.84
1.25
St.
James
Spur
0.38
0.52
Mission
0.56
1.37
1.60
Gananoque
spur
Goderich
Grenville
Hagersville
Haliburton
1.85
9.24
12.83
16.65
18.65
29.35
31.67
34.29
34.84
35.87
36.97
44.24
46.53
46.71
47.01
47.35
Hamilton Yard
137.19
168.21
175.90
178.07
180.11
184.01
198.62
204.27
218.18
.64
.69
.91
6.94
14.57
18.39
31.60
7.98
17.19
28.47
.17
.30
.45
.95
1.10
7.33
17.70
2.00
619
Subdivision
Mileage Subdivision
Province of Ontario
(Cont'd)
Mileage
Province of Ontario
(Cont'd)
Subdivision Mileage
Province of Ontario
(Cont'd)
Hickson
1.17
Meaford
12.10
Oshawa
221.14
1.26
13.50
224.08
2.11
16.20
230.64
19.40
231.57
Humberstone
.07
31.43
263.25
4.31
35.30
264.41
o no
6.D6
11.1 1
97ft ftQ
z / u.uo
A K <lf\
40. /0
299.32
Huntsville
.15
OZ.l L
Q 1 A 1 1
ol4.1 1
30.10
OZO.4 1
43.40
Miulana
.10
Q9Q 1 ft
54.80
.40
71.25
37.25
Owen Sound
17.94
88.01
39.30
29.64
4o.oU
oz.lo
Kapuskasing
17.47
00. Z4
OO Oo
61.61
68.44
74 9.(%
/ 4.00
Q7
oo.y <
127.40
07 40
6 i.lo
Milton
31.00
AQ /1Q
4y.4o
Kashabowie
2.77
40.03
Q7
04. a /
2.81
A O 1
41.81
1^7 ^fi
3.00
Oo. / Z
Ja.OU
4.41
82.28
£9 ft 1
Oz.Ul
4.48
ftp. ftl
OO.U 1
4.51
Newmarket
10.37
5.25
12.91
Pagwa
.y l
5.38
15.50
12.36
19.38
Pic ton
19.10
33.67
37.78
oc r\c
25. 9b
37.97
30.38
Kincardine
1.49
38.43
21.72
39.33
Pt. Edward
2.01
29.70
39.66
2.04
30.07
40.93
2.40
49.59
51.89
4.08
55.46
Lakefield
.04
64.00
Quibell
12.50
11.89
66.20
74.62
1 9 ^
1 Z.O.J
13.95
70.50
86.92
Renfrew
37.71
14.60
14.94
22.90
no nc
93. /O
96.52
101.16
37.85
38.40
49.70
74.96
49
1 4 9Q
1 7 <?4
Newton
.60
18.24
26.40
27.05
76.43
78.52
93.29
93.40
Longwood
29.38
97.45
11.39
36.52
107.75
Maynooth
.40
Oakville
26.98
Simcoe
1.33
.97
28.25
6.82
24.46
29.53
6.95
22.80
33.02
7.26
79.08
33.31
7.51
85.65
7.64
101.96
Oba
147.50
7.72
Subdivision
Mileage
Province of Ontario
(Cont'd)
Smiths Falls
(2 crossings)
(2 crossings)
Southampton
Strathroy
Sudbury
Sudbury Term.
Garson Branch
0.65
1.20
4.33
Thorndale
Thousand Isl.
Uxbridge
Vankleek
Waterloo Elm
Walkley Line
3.28
34.84
35.11
9.99
23.05
29.67
37.97
48.97
19.50
50.97
5.42
116.00
123.30
124.40
128.51
6.02
6.03
6.07
.29
.41
.45
1.33
4.97
8.01
24.18
28.96
29.27
4.28
.90
7.50
11.32
13.25
22.55
28.10
38.94
44.96
51.50
54.43
55.15
13.77
18.12
1.23
1.40
1.91
4.54
620
Subdivision Mileage
Province of Ontario
(Cont'd)
Welland
4.02
10.48
Niagara, St. Catharines
and Toronto Railway
Grantham
Welland
4.54
3.29
.29
.35
.43
.69
1.62
2.08
5.40
5.57
9.77
11.87
11.90
12.33
13.62
15.01
17.24
19.12
21.67
22.46
Oshawa Railway
Main Line
Oshawa
.19
.36
.69
.99
2.06
2.16
3.18
4.26
2.06
Province of Manitoba
Carberry
Carman
Craik
Cromer
Erwood
8.35
58.84
102.76
2.35
.45
.80
.98
9.58
13.16
Subdivision
Mileage
Province of Manitoba
(Cont'd)
Flin Flon
Gladstone
Hartney
Harte
Inwood
Letellier
Minaki
Neepawa
Oakland
Oak Point
Pleasant Pt.
83.45
25.08
30.56
31.09
41.80
45.94
92.21
92.28
105.32
106.35
145.95
156.41
176.96
22.89
30.02
31.10
91.23
2.90
30.90
45.50
51.70
67.10
70.10
135.50
7.94
57.67
.46
1.65
3.76
6.31
12.40
20.40
37.41
42.95
62.55
33.70
38.80
1.68
86.05
86.20
111.15
119.03
8.61
79.03
621
Subdivision
Mileage
Province of Manitoba
(Cont'd)
Subdivision Mileage
Province of Saskatchewan
Subdivision
Mileage
Province of Saskatchewan
(Cont'd)
Preeceville
Rapid City
Ridgeville
Rossburn
Sprague
Old Low Freight
Line
1.16
St. Boniface Spur
St. Rose
Togo
Transfer Rly.
0.53
1.12
Turnberry
Victoria Beach
Wakopa
Wanwanesa
Wekuske
80112-6—3
19.10
.45
12.10
51.75
71.78
19.20
20.01
78.37
65.44
86.94
48.56
68.68
128.50
149.91
151.28
.28
37.30
.54
.59
5.15
19.92
29.13
29.47
29.58
31.82
62.45
62.61
87.82
4.74
7.35
18.50
23.79
31.88
55.68
33.08
55.87
4.20
32.21
0.10
Aberdeen
Arborfield
Asquith
Assiniboine
Avonlea
Blackfoot
Blaine Lake
Bolney
Brooksby
Craik
Saskatoon Term.
1.34
1.26
Conquest
Cud worth
Chelan
18.50
39.60
52.50
1.50
19.30
.90
13.00
20.80
50.60
58.20
59.30
98.80
104.00
105.00
1.05
6.98
24.01
31.85
39.58
44.58
87.90
88.20
34.70
82.20
.20
.27
.60
73.40
95.30
4.20
23.10
12.20
45.20
62.30
160.01
22.60
33.40
39.69
66.10
86.60
105.40
29.65
60.00
Cromer
Dodsland
Duck Lake
Elrose
Erwood
Glen Avon
Regina Term.
0.68
1.00
1.90
Govel Loop
Govel West
Gravelbourg
Matherley
Lampman
Langham
Lewvan
Margo
115.59
47.10
82.40
84.05
84.30
84.62
84.80
85.05
113.30
74.71
54.30
0.56
0.05
0.98
1.15
1.92
75.80
.70
29.80
36.70
84.20
85.30
93.00
.30
38.50
46.90
80.50
115.40
116.00
21.66
23.78
33.43
38.44
51.96
77.03
120.42
139.19
622
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Saskatchewan
(Cont'd)
Miniota
Meskinaw
Northgate
Oyen
Paddockwood
Preeceville
Qu'Appelle
Rhein
Robinhood
Rosetown
Tisdale
Togo
62.10
80.90
111.30
113.50
123.40
55.70
56.25
19.20
.90
22.40
7.40
26.41
38.27
39.62
45.71
55.91
58.09
79.05
99.75
46.50
62.00
91.30
93.00
21.67
22.50
69.75
.80
31.30
48.50
51.70
57.70
38.05
41.10
72.60
84.80
98.20
100.70
128.80
136.10
140.20
160.50
94.46
99.98
Province of Saskatchewan
(Cont'd)
Tonkin
Touchwood
Turtleford
Unity
Weyburn
Yorkton
73.55
18.50
34.30
47.40
48.30
49.10
58.20
82.40
93.85
106.00
55.50
16.36
18.49
35.74
36.44
11.10
38.10
20.45
25.76
35.16
42.28
53.72
Province of Alberta
Alliance
Athabaska
Brule
Blackfoot
Bonnyville
Brazeau
13.67
54.17
72.62
92.88
94.48
34.73
99.88
82.20
17.81
18.82
23.00
18.46
50.58
51.90
57.43
61.68
98.84
Province of Alberta
(Cont'd)
Camrose
Coronado
Drumheller
Edmonton Term.
"B" Line 3.12
2.33
106th Ave.
1.67
4.34
1.78
"C" Line 0.50
1.45
"Z" Line 5.32
6.13
Endiang
Kingman
Oyen
Red Deer
Sangudo
2.28
4.32
8.70
11.92
17.42
24.42
42.62
44.96
47.16
48.09
2.65
15.54
29.27
29.51
79.94
85.77
89.58
120.67
121.43
123.45
136.57
139.69
.70
40.37
49.84
50.29
51.17
52.06
52.31
131.47
27.78
51.81
70.49
.50
0.91
22.36
50.71
8.86
12.72
18.29
30.64
36.22
64.77
623
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Alberta
(Cont'd)
Stettler
Three Hills
Unity
Vegreville
Viking
31.11
32.41
50.59
51.99
75.50
20.13
114.33
125.92
109.20
112.13
121.30
51.57
57.10
57.12
70.66
92.80
112.67
118.85
123.45
125.03
125.50
.84
17.90
24.08
65.71
75.13
85.72
86.20
114.68
119.07
121.23
122.31
Province of Alberta
(Cont'd)
Wabamun
12.81
24.08
57.96
78.16
82.30
116.22
120.74
Province of British
Columbia
Albreda
Bulkley
Clearwater
Cowichan
Fraser
Lulu Isld.
Lumby
Province of British
Columbia (Cont'd)
Nechake
Okanagan
Skeena
Tidewater
Telkwa
Yale
74.56
8.83
48.54
24.54
7.30
11.45
14.96
73.38
141.80
145.29
145.65
144.68
3.29
10.73
12.25
11.86 Prince George
1.05
1.06
69.28
97.20
1st Ave
3.17
14.88
100.59
118.00
118.44
118.68
25.93
28.26
44.77
2.60
34.78
40.05
40.43
56.60
64.50
65.32
67.35
71.13
71.94
90.35
96.07
100.50
107.86
109.90
116.75
624
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE
MATERIAL IS TO BE PLACED ON RAILWAY CROSSING SIGNS
Subdivision Mileage
Province of Nova Scotia
Dominion- Atlantic
Railway
Halifax 23.29
44.23
56.59
Kentville .40
5.22
23.64
34.39
Kingsport 4.78
Truro 55.19
56.97
Weston 12.18
Yarmouth 14.92
20.26
20.33
51.42
85.55
Province of
New Brunswick
Edmundston 18.60
18.78
56.20
Fredericton 20.69
Gibson 58.37
Minto 33.10
33.44
40.78
45.26
51.65
70.10
St. Stephen 33.33
Saint John 2.09
9.94
11.04
18.22
34.13
70.97
Canadian Pacific Railways
Subdivision Mileage
Province of
New Bfunswick
(Cont'd)
Shore Line 1.49
23.45
36.63
43.35
Shogomoc 21.93
33.03
42.20
50.04
77.62
91.77
Tobique 19.58
W. Saint John .10
.20
2.33
Province of Quebec
Adirondack 5.05
6.35
6.39
6.88
12.68
16.32
19.88
19.95
20.05
20.17
21.97
25.13
34.58
Cap Madeleine 2.18
Drummondville .30
16.03
16.30
16.43
28.51
35.91
41.57
41.67
58.29
58.37
58.58
Subdivision Mileage
Province of Quebec
(Cont'd)
Lachute 20.30
22.38
23.82
24.50
27.42
32.48
44.52
45.11
47.50
48.65
56.74
58.82
59.03
63.39
66.67
74.89
90.46
100.48
111.40
114.46
LaSalle Loop .42
4.31
Maniwaki 22.92
28.85
57.89
Megantic .28
.82
14.82
24.68
41.63-
54.76
55.33
60.22
Montreal-Ottawa 6.35
18.89
Newport 4.88
5.78
14.77
18.82
19.18
Park Avenue 11.00
13.78
Piles 20.94
Quebec 125.07
129.52
158.48
625
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Quebec
(Cont'd)
Roundhouse Lead
Sherbrooke
South Bank Br.
Ste. Agathe
Ste. Gabriel
St. Guillaume
St. Lin
St. Maur. Valley
Timiskaming
Trois Rivieres
Trois Riv. Loop
Waltham
Winchester
Wolf Cove Br.
St. Therese St.
80112-6—4
.33
.48
.63
74.00
75.18
77.70
79.00
86.82
88.24
.40
1.99
16.03
33.80
42.12
44.36
57.10
137.70
138.05
11.51
15.15
1.04
24.93
46.87
14.90
1.70
97.10
106.34
1.78
14.78
36.30
44.52
72.59
.84
7.29
66.70
77.50
5.95
16.62
30.02
36.51
0.22
Province of Quebec
(Cont'd)
Quebec Central Railway
Chaudiere 50.50
Quebec
Beaver Spur
Ind. Yard Spur
Levis
Megantic
Newport
26.24
36.87
44.89
63.57
0.46
2.38
73.31
74.57
76.35
82.06
84.52
90.48
129.58
17.16
31.42
34.91
Province of Ontario
Brockville
Belleville
Bobcaygeon
Canpa
Carleton Place
1.56
21.17
26.55
1.43
11.72
19.32
79.24
82.54
83.83
88.79
91.71
91.51
91.96
100.30
18.00
19.24
26.86
0.91
.1
.32
.57
6.25
Province of Ontario
(Cont'd)
Cartier
Chalk River
Cornwall
Elora
Gait
.93
1.09
1.82
23.20
23.46
23.82
29.51
33.70
74.31
77.25
79.07
83.82
87.91
90.94
96.97
105.21
7.09
17.70
18.48
28.58
36.63
40.91
41.10
41.22
46.07
51.05
55.86
57.76
59.05
61.44
67.73
79.35
93.59
94.88
99.96
101.39
105.00
12.81
26.87
4.66
27.04
14.73
19.25
27.57
28.43
31.85
32.81
33.47
55.17
57.10
73.75
80.70
81.32
83.66
626
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Ontario
(Cont'd)
Gait (Cont'd)
Goderich
Havelock
Ignace
Kaministiquia
Keewatin
Kingston
Little Current
86.48
81.89
87.99
88.05
93.12
95.66
100.44
101.31
102.17
108.26
110.62
111.39
7.63
21.18
30.74
30.81
30.91
33.49
37.81
50.23
59.85
66.55
67.84
69.22
74.98
87.66
107.48
32.87
60.48
79.03
81.72
90.70
93.10
49.75
78.32
85.03
144.84
2.85
81.80
104.57
117.03
.1
3.85
4.00
11.42
96.90
98.38
102.05
2.36
9.89
Province of Ontario
(Cont'd)
Montreal-Ottawa
MacTier
9.54
Nickel
Nipigon
North Bay
Orangeville
Oshawa
Owen Sound
Parry Sound
28.13
36.44
46.17
52.34
54.30
64.45
74.97
31.31
45.84
56.03
77.30
88.50
91.43
93.42
114.47
1.08
85.12
102.00
127.06
127.30
128.02
128.80
129.82
22.51
98.37
113.36
7.81
30.08
30.91
32.16
10.31
30.50
55.59
73.12
75.79
96.67
.40
7.38
27.21
29.15
39.25
68.21
68.78
70.49
71.28
71.63
72.43
107.31
Province of Ontario
(Cont'd)
Peterboro
Port Burwell
Port McNicholl
Prescott
St. Thomas
Sussex St.
Teeswater
Thessalon
5.94
11.16
14.66
18.72
23.59
24.50
24.62
25.40
26.65
31.11
33.80
75.84
.26
5.88
10.19
11.13
15.37
17.09
19.29
21.90
.30
ni
5.60
20.86
28.93
29.16
42.50
49.73
8.75
18.88
2.39
3.55
4.74
5.64
8.09
35.44
44.98
101.13
112.27
116.13
128.24
129.71
130.90
131.68
132.04
132.70
132.86
132.97
133.06
627
Subdivision
Mileage Subdivision
Mileage
Subdivision
Mileage
Province of Ontario
Cont'd)
Province of Ontario
(Cont'd)
Province of Manitoba
(Cont'd)
Walkerton
Webbwood
Winchester
Windsor
16.60
26.80
28.28
2.65
29.46
32.86
62.25
63.77
65.27
77.00
83.42
89.48
91.26
93.55
114.80
118.90
.17
12.09
25.74
37.25
46.70
50.15
59.31
62.09
71.44
73.76
79.57
79.84
83.64
101.03
101.23
102.38
106.31
Grand River Railway
Hespeler
Waterloo
1.34
2.50
.01
.82
3.25
3.42
3.66
3.90
7.64
9.50
10.09
10.72
11.01
11.40
Waterloo (Cont'd)
12.02
12.30
12.57
14.10
Lake Erie & Northern
Railway
Main Line
1.05
16.45
19.40
20.26
20.33
22.17
38.29
45.55
46.63
48.07
50.04
Province of Manitoba
Arborg
Areola
Bredenbury
Broadview
Carberry
12.49
27.86
32.70
74.20
13.50
31.96
9.60
18.30
27.28
36.20
51.35
65.50
74.10
2.50
47.50
48.00
50.50
55.20
64.00
71.20
4.74
22.42
29.04
37.14
41.03
44.27
44.77
55.80
77.23
77.73
Carberry (Cont'd)
Carman
Emerson
Estevan
Glenboro
Keewatin
Lac Du Bonnet
Lariviere
Lyleton
79.28
85.00
105.36
105.67
11.16
13.80
37.49
31.20
38.03
61.85
24.30
58.60
62.90
12.50
30.70
41.50
42.10
50.50
57.52
60.59
64.69
67.80
82.00
103.30
135.70
69.31
72.50
106.60
108.20
112.37
114.47
116.57
119.75
122.51
.60
40.30
49.40
35.10
37.10
60.80
61.90
63.40
63.90
3.65
21.93
59.39
74.79
78.88
79.91
1.35
80112-6— 4J
628
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Manitoba
(Cont'd)
Province of Saskatchewan
(Cont'd)
Minnedosa
Neudorf
Rapid City-
Russell
Winnipeg Beach
.60
9.30
17.00
61.50
70.31
71.82
78.10
78.53
0.96
4.79
5.37
13.75
14.49
30.42
11.20
.32
.68
.84
1.09
1.43
1.56
1.72
1.82
2.22
2.92
9.30
13.90
14.80
21.08
22.50
36.94
42.50
46.90
57.08
59.11
Province of Saskatchewan
Altawan
Areola
Asquith
Assiniboia
.70
49.34
59.80
60.15
96.70
32.95
16.10
36.35
38.30
66.50
Bredenbury
Broadview
Bulyea
Empress
Estevan
Expanse
Furness
Hardisty
Indian Head
Kerrobert
Kisbey
Lanigan
101.80
111.10
78.10
86.20
93.51
102.49
110.20
116.53
117.30
121.70
129.80
24.60
8.50
23.17
50.50
63.63
68.10
12.06
81.65
97.22
107.33
114.80
121.46
148.03
25.89
2.95
20.95
35.65
17.50
31.20
39.60
80.51
82.51
84.60
101.10
103.80
109.30
9.61
27.76
29.68
44.02
45.01
96.37
23.80
2.00
56.50
62.55
90.16
Province of Saskatchewan
(Cont'd)
Macklin
Maple Creek
Meadow Lake
Melfort
Neudorf
Outlook
Prince Albert
Reford
Shamrock
Stewart Valley
Sutherland
Shaunavon
Swift Current
.91
1.72
7.18
24.68
27.10
35.62
44.26
84.30
84.83
34.22
9.23
71.29
60.85
96.03
82.41
89.56
107.70
108.80
60.32
107.08
117.99
27.25
38.87
44.42
49.46
25.52
31.78
70.31
19.56
65.33
70.04
77.98
104.56
109.78
8.89
28.21
3.10
7.82
10.84
25.94
45.04
99.00
104.18
109.82
I
629
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Saskatchewan
(Cont'd)
Province of Alberta
(Cont'd)
Province of Alberta
(Cont'd)
HP i or] nln
i lsaaie
Oo.yo
Tyvan
86.60
Vanguard
71.82
White Fox
8.64
9.57
Wilkie
.14
.20
.38
.98
1.18
2.40
28.27
34.25
Wynyard
26.1
14.10
18.27
22.29
25.67
34.17
68.78
91.66
113.45
Province
of Alberta
Crowsnest
Alberta Central
Aldersyde
Bassano
Brooks
Cardston
Coutts
18.10
45.57
19.80
29.45
50.84
79.89
64.40
88.22
3.10
5.45
9.60
24.55
53.60
63.40
74.02
116.22
145.60
172.10
6.44
16.35
.59
4.99
23.23
45.22
Hardisty
Hoadley
Lacombe
Laggan
Langdon
Leduc
33.02
54.76
74.85
84.46
87.88
88.18
89.17
91.56
76.03
76.50
111.75
16.90
31.10
101.50
.30
94.30
1.47
22.63
82.04
18.30
58.07
85.63
92.16
.35
.60
3.30
11.40
35.06
57.02
66.76
75.90
78.80
79.03
82.08
84.18
85.20
86.20
92.50
95.00
97.09
97.17
97.41
97.54
97.60
97.66
99.30
MacLeod
Maple Creek
Red Deer
Stirling
Strathmore
Taber
Turin
Willingdon
1.10
3.32
7.88
32.05
38.82
51.64
51.78
56.92
71.63
80.72
91.82
125.90
1.45
13.50
25.88
28.05
29.12
39.18
39.52
46.22
46.50
70.81
72.86
75.37
84.26
100.76
34.91
55.69
76.72
76.90
77.77
81.99
84.05
87.09
98.54
107.27
18.72
20.60
37.30
87.70
103.80
106.00
141.00
162.55
169.75
172.73
630
Subdivision
Mileage Subdivision
Mileage Subdivision
Mileage
Province of Alberta
(Cont'd)
Wetaskiwin
11.50
43.70
53.41
70.28
72.30
73.30
94.80
Province of British
Columbia
Boundary-
Cascade
Coquihalla
Cranbrook
Carmi
93.40
95.28
26.80
26.90
82.40
93.90
99.70
101.40
105.32
109.42
112.20
115.40
126.85
127.70
128.0
54.25
55.15
15.20
99.05
11.95
129.39
132.90
133.08
133.60
Province of British
Columbia (Cont'd)
Kimberley 18.80
Laggan 124.52
Lake Windermere 64.12
Merritt
Mission City
Nelson
New Westminster
Okanagan
Osoyoos
Rossland
Shuswap
29.10
6.04
41.05
66.84
69.43
73.80
.40
1.50
6.45
5.87
8.41
8.87
22.71
32.05
34.95
43.70
46.00
46.47
30.60
6.00
29.20
.07
38.58
63.80
93.43
124.96
Province of
British Columbia
(Cont'd)
Thompson .10
2.10
Esquimau & Nanaimo
Railway
Lake Cowichan
Port Alberni
Victoria
2.70
17.50
17.70
.10
37.40
37.90
2.53
8.54
38.00
41.70
44.30
46.90
48.80
50.00
58.80
67.00
72.20
72.24
72.30
72.60
72.70
72.80
76.56
Vancouver & Lulu Island
Railway
Marpole
Steveston
2.00
2.80
4.80
2.67
631
LIST OF UNPROTECTED CROSSINGS AT WHICH REFLECTIVE
MATERIAL IS TO BE PLACED ON RAILWAY CROSSING SIGNS
Railway Subdivision Mileage
Province of Nova Scotia
Railway
Subdivision
Mileage
Sydney and
Louisburg
Main Line
New York
Central
Waterford
Province of Quebec
St. Lawrence
Nipissing
Central
Napierville
Junction
Kirkland Lake
Main Line
Main Line
Algoma
Central
Province of Ontario
Main Line
London and Main Line
Port Stanley
Toronto,
Hamilton
and Buffalo
Beach
.02
.75
8.00
12.75
16.00
6.00
6.50
16.59
18.61
20.80
24.73
28.82
43.36
46.70
50.90
53.78
41.80
53.40
56.30
.01
2.30
3.31
5.39
5.66
7.83
23.14
30.90
31.42
293.88
.60
1.00
1.10
1.20
1.30
10.70
15.10
16.40
1.01
Province of Ontario (Cont'd)
Toronto,
Hamilton
and Buffalo
(Cont'd)
Belt Line
Well-Waterford
New York
Central
Fort Erie
Leamington
Main Line
Essex
Terminal
Niagara
Petrolia
Main Line
7.93
8.07
14.20
22.39
22.76
25.51
32.52
62.20
62.57
63.29
64.02
72.87
76.30
79.90
3.02
13.29
13.79
.01
15.91
16.77
25.11
37.64
55.50
84.57
87.31
113.11
117.33
142.80
161.39
163.11
173.15
179.55
184.61
191.08
212.23
213.71
12.72
25.52
4.73
.08
.22
.23
.28
632
Railway
Subdivision
Mileage Railway
Subdivision
Province of Ontario (Cont'd)
Chesapeake Canadian
and Ohio
Sarnia-Erieau
Nippissing
Central
Main Line
10.90
13.90
17.50
18.30
31.00
50.50
56.40
64.50
125.80
17.40
17.50
25.50
41.70
42.10
49.20
52.50
59.00
61.50
70.90
.30
33.50
Province of Manitoba
Midland Main Line
Railway of Erin St. Winnipeg
Manitoba Isabel St., Winnipeg
Kingsway Ave., Winnipeg
Province of Alberta
Barrhead
Northern
Alberta
Edmonton
Grande
Prairie
.10
7.20
17.30
130.50
2.60
13.00
15.70
49.30
50.10
52.00
135.20
Province of Alberta (Cont'd)
Northern Lac La Biche
Alberta
(Cont'd)
Peace River
Slave Lake
Smoky
Province of British Columbia
Northern
Alberta
Grande
Prairie
Mileage
32.40
45.80
69.60
112.80
97.70
177.20
195.40
234.00
235.30
267.00
270.10
298.50
310.40
335.50
132.40
136.60
137.10
British
Columbia
Electric
Marpole
New Westminster
Great
Northern
Cascade
Vancouver
138.70
1.53
.10
2.40
4.45
7.59
119.70
130.90
144.03
144.50
153.30
.19
.21
.23
.25
.27
633
SUMMARY OF ORDERS ISSUED BY THE BOARD
100007
100008
100009
100010
100012
100013
100014
100015
100016
100019
100020
100023
100024
Dec. 18-
Dec. 18-
Dec. 18-
Dec. 21-
100011 Dec. 21—
Dec. 21-
Dec. 21-
Dec. 22-
Dec. 22-
Dec. 22-
100017 Dec. 22—
100018 Dec. 22
Dec. 22-
Dec. 22-
100021 Dec. 22-
100022 Dec. 22-
Dec. 22-
Dec. 22-
100025 Dec. 22-
100026 Dec. 22—
100027 Dec. 22-
100028 Dec. 22—
100029 Dec. 22—
Approving flammable liquid storage facilities of British American
Oil Company Limited at Fuast, Alta., N.A.R. Railways Co.
Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and the highway at Blackville, N.B., Mileage 31.68
Nashwaak Subd.
Approving revised Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and the Westport Telephone
Company Limited.
Authorizing the Gypsum Lime & Alabastine Limited to construct a
tunnel under the C.N.R. at Mileage 56.06 Dundas Subd., Ont.
Authorizing the C.N.R. to construct an industrial track near Armour,
Sask., Mileage 5.59 Lanigan Subd.
Approving flammable liquid storage facilities of Imperial Oil
Limited at Deloraine, Man., C.P.R.
Approving flammable liquid storage facilities of Imperial Oil
Limited at Minnedosa, Man., C.P.R.
Approving flammable liquid storage facilities of the British Ameri-
can Oil Company Limited at Wasketenau, Alta., Mileage 50.1
Coronado Subd., C.N.R.
Approving flammable liquid storage facilities of the Standard Oil
Company of B.C., at Terrace, B.C., Mileage 131.73 Bulkley Subd.,
C.N.R.
Approving flammable liquid storage facilities of the Shell Oil Com-
pany of Canada Limited at Pembroke, Ont., Mileage 20.4 Locksley
Subd., C.N.R.
Approving tariffs filed by Canadian National Telegraphs.
Amending Order No. 95640, re apportionment of cost of installing
improved protection at the crossing of the C.N.R. and Wallace Ave.,
Toronto, Ont.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in Waterloo, Ont., Mileage 59.99 Granby
Subd.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Norwood, Ont., Mileage 5.94 Peter-
boro Subd.
Approving flammable liquid storage facilities of Imperial Oil Limited
at Elkhorn, Man., Broadview Subd., C.P.R.
Rescinding Order No. 68631 which approved the location of facilities
of Canadian Oil Companies, Limited, near the C.N.R. at Thorold,
Ont.
Approving the installation of automatic protection at crossing of
the C.N.R. and Innisfil St. (originally Baldwin St.) in Barrie, Ont.,
Mileage 0.32 Meaford Subd.
Requiring the C.N.R. to install two flashing light signals in lieu of
the existing protection at the crossing of their railway and St.
Jacques St., in St-Jean, P.Q., Mileage 25.5 Rouses Point Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Highway No. 11 near Driftwood, Ont., Mileage
17.47 Kapuskasing Subd.
Requiring the C.N.Pt. to install two flashing light signals in lieu of
the existing protection at the crossing of their railway and Bouthil-
lier St., in Saint-Jean, P.Q., Mileage 25.68 Rouses Point Subd.
Authorizing the C.N.R. to operate over the bridge across the Quisibis
River, at Mileage 96.1 Grand Falls Subd., N.B.
634
100030 Dec. 22 — Authorizing the Niagara Gas Transmission Limited to open, for the
transportation of natural gas, that portion of its pipe line from a
point in the City of Ottawa, Ont., to a point in the Village of
Gatineau Point, P.Q.
100031 Dec. 23 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Birchton, P.Q., Mileage 52.35
Megantic Subd.
100032 Dec. 23 — Approving refinery facilities of Wainwright Producers and Refiners
Limited at Wainwright, Alta., Mileage 0.81 Viking Subd., C.N.R.
100033 Dec. 23 — Authorizing Wainwright Producers and Refiners Limited to construct
thirty-five pipe crossings under the C.N.R. to serve their plant at
Wainwright, Alta., Mileage 0.81 Viking Subd.
100034 Dec. 23 — Relieving the C.N.R. from erecting right of way fencing on the
south side of their railway on the Bengough Subd., between Mile-
ages 22.49 and 23.26, Sask.
100035 Dec. 23 — Authorizing the C.P.R. to construct an extension of its siding across
the road allowance between Lots 28 and 29, Twp. of Darlington,
Ont., Mileage 66.31 Osbawa Subd.
100036 Dec. 23 — Authorizing the removal of the speed limitation at the crossing of
Boveri St. and the C.N.R. at St. Johns, P.Q., Mileage 25.59 Rouses
Point Subd.
100037 Dec. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway in Bathurst, Ont., Mileage 8.07 Havelock
Subd.
100038 Dec. 23 — Authorizing the Nova Scotia Department of Highways to construct
the highway across the C.N.R. at Mileage 53.03 Yarmouth Subd.
100039 Dec. 23 — Authorizing the C.N.R. to make changes in the approach circuits
for the automatic protection at the crossing of their railway and
Highway 61, west of Amos, P.Q., Amos Subd.
100040 Dec. 23 — Amending Order No. 95395, re apportionment of cost of improving
the protection at the crossing of the highway and the C.N.R. in
Burlington, Ont., Mileage 29.53 Oakville Subd.
100041 Dec. 23 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Young's
Cove Road (Route No. 9) at Mileage 64.65 Minto Subd., N.B.
100042 Dec. 23 — Amending Order No. 99169, in the matter of protection at the
crossing of the C.N.R. and Main St., in Parkhill, Ont., Mileage 29.83
Forest Subd.
100043 Dec. 23 — Authorizing the C.N.R. to make changes in the approach circuits
of the automatic protection at crossing of their railway and Highway
No. 45 at Barraute, P.Q., Mileage 18.53 Amos Subd.
100044 Dec. 23 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Highway
No. 2 at Norton, N.B., Mileage 89.63 Minto Subd.
100045 Dec. 23 — Authorizing the C.N.R. to remove the caretaker at Prince, Sask.
100046 Dec. 24 — Approving proposed temporary crude oil unloading facilities of
Gibson Petroleum Company Limited at Carbondale, Alta., N.A.R.
Co.
100047 Dec. 24 — Approving proposed flammable liquid storage facilities of Rama
Co-Operative Assoc. Limited, at Rama, Sask., Mileage 49.6 Margo
Subd., C.N.R.
100048 Dec. 24 — Approving proposed temporary crude oil loading facilities of Gibson
Petroleum Company Limited at Pouce Coupe, B.C., Grande Prairie
Subd., N.A.R.
100049 Dec. 28 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 66.75 Oxford Subd., N.S.
100050 Dec. 28 — Authorizing the Munic. of Metropolitan Toronto to reconstruct the
overhead bridge at the crossing of Lawrence Ave. East and the
C.N.R. at Mileage 9.6 Bala Subd., Ont.
100051 Dec. 28 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Town Line, at Mileage 231.6 Oshawa Subd., Ont.
635
100052 Dec. 28 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Montgomery-
Road in Islington, Ont., Mileage 8.35 Gait Subd.
100053 Dec. 28 — Amending Order No. 93108, re apportionment of cost of widening
Lakefield Ave. where it crosses the C.N.R. in the Town of Montreal
East, P.Q., Mileage 4.77 Longue Pointe Subd.
100054 Dec. 28 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Newbury St., in Belleville, Ont., Mileage 91.61
Belleville Subd.
100055 Dec. 28 — Approving tolls published in tariffs filed by the C.N.R. under
Section 3 of the Maritime Freight Rates Act.
100056 Dec. 29 — Relieving the C.N.R. from maintaining a ten m.p.h. speed over the
the crossing of Montreal Road and their railway in Windsor, Ont.,
between 11.00 p.m. and 7.00 a.m. daily.
100057 Dec. 29 — Authorizing the C.P.R. to construct a private siding across the
unnamed road allowance and Whyte Ave. at Lambton Park, Alta.,
Mileage 169.6 Willingdon Subd., to serve Dymer Plastics Limited.
100058 Dec. 29 — Approving flammable liquid storage facilities of Canadian Oil Com-
panies Limited at Riviere du Loup, P.Q., Mileage 83.44 Rimouski
Subd., C.N.R.
100059 Dec. 29 — Authorizing the Department of Public Works of Manitoba to widen
Highway No. 34 where it crosses the C.P.R. at Mileage 8.54 Varcoe
Subd.
100060 Dec. 29 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway at Gowanstown, Ont., Mileage
31.06 Newton Subd.
100061 Dec. 29 — Approving proposed flammable liquid storage facilities of Bangor
Co-Operative Association, Limited at Bangor, Sask., Mileage 114.99
Miniota Subd., C.N.R.
100062 Dec. 29 — Amending Order No. 96471, re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Onslow Road,
N.S., Mileage 2.47 Springhill Subd.
100063 Dec. 29 — Approving flammable liquid storage facilities of North Star Oil
Limited at Port Arthur, Ont., Mileage 2.76 Kashabowie Subd.,
C.N.R.
100064 Dec. 29 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada Limited, at Terrace, B.C., Mileage 0.63 Skeena Subd.,
C.N.R.
100065 Dec. 29 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Isabella Ave.,
in Dominion City, Man., Mileage 53.8 Emerson Subd.
100066 Dec. 29 — Amending Order No. 97269 in the matter of signboards and the
markings of such signboards with reflective material at certain high-
way crossings, C.N.R. and C.P.R.
100067 Dec. 29 — Authorizing the City of Pointe Claire, P.Q., to construct Delmar Ave.
across the industrial track of the C.N.R., in Pointe Claire, P.Q.
100068 Dec. 29 — Amending Order No. 42618 re apportionment of cost of maintenance
of the bridge over the C.N.R. in Windsor, Ont.
100069 Dec. 30 — Authorizing the C.N.R. to make changes in the approach circuits
of the protection at the crossing of their railway and Highway
No. 45, at Mileage 33.82 Amos Subd.
100070 Dec. 30 — Authorizing the Manitoba Department of Public Works to relocate
and widen its access highway across the C.N.R. at Mileage 15.26
Wawanesa Subd.
100071 Dec. 30 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Clifford, Ont., Mileage 6.3 Southampton Subd., C.N.R.
100072 Dec. 30 — Approving revisions to tariffs filed by the Canadian National
Telegraphs.
100073 Dec. 30 — Approving revisions to tariffs filed by British Columbia Telephone
Company.
636
100074 Dec. 30 — In the matter of Orders 95340 and 95958 re overhead bridge crossing
C.P.R. at Kenora, Ont., and temporary crossing mileages 1.95 and
1.75 Keewatin Subd.
100075 Dec. 30 — Extending the time within which the C.P.R. is required to install
automatic protection at the crossing of its railway and Main St.
in Moosomin, Sask., Mileage 86.3 Broadview Subd.
100076 Dec. 30 — Authorizing the C.N.R. to operate through the interlocker at Paris
Junction, Ont.
100077 Dec. 30 — Authorizing the Ontario Department of Highways to construct High-
way No. 401 across and under the C.N.R. at certain locations in the
Twp. of Richmond, Ont.
100078 Dec. 30 — Authorizing the City of Montreal to construct Darlington Ave.
across the C.P.R. at Mileage 48.63 Adirondack Subd., and Canora
Road (Wilderton Ave.) at Mileage 48.81 Adirondack Subd. all in
Montreal.
100079 Dec. 30 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Grand Forks, British Columbia, C.P.R.
100080 Dec. 30 — Authorizing the removal of the speed limitation at the crossing of
St. Michel St. and the C.N.R. at La Tuque Station, P.Q., Mileage
122.62 La Tuque Subd.
100081 Dec. 30 — Approving Agreement between The Bell Telephone Company of
Canada and The Chesapeake and Ohio Rly. Co.
100082 Dec. 30 — Authorizing the removal of the speed limitation at the crossing of
Birchmount Road and the C.P.R. in Agincourt, Ont., Mileage 97.96
Oshawa Subd.
100083 Dec. 30 — Approving flammable liquid storage facilities of British American
Oil Company Limited, at Corner Brook, Nfld., Mileage 407.31 Port
aux Basques Subd.
100084 Dec. 30 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada Limited, at Maniwaki, P.Q., Mileage 80.44 Maniwaki
Subd.
100085 Dec. 30 — Rescinding Order No. 83140 which approved the location of facili-
ties of Sturdie Propane Limited, for the handling and storage of
flammable liquids near the C.P.R. at Calgary, Alta.
100086 Dec. 30 — Approving proposed flammable liquid storage facilities of Naicam
Co-Operative Association Limited, at Naicam, Sask., Melfort Subd.,
C.P.R.
100087 Dec. 30 — Approving proposed flammable liquid storage facilities of Prince
Albert Co-Operative Association, Limited, at Paddockwood, Sask.,
Mileage 23.88 Paddockwood Subd., C.N.R.
100088 Dec. 31 — Authorizing the City of Vancouver to construct First Avenue across
the B.C. Electric Railway Company Ltd., operating the Vancouver
and Lulu Island Rly. (Marpole and South Shore Branches) in
Vancouver, B.C.
100089 Dec. 31 — Authorizing the C.N.R. to make changes in the approach circuits
of the protection at crossing of their railway and Highway No. 45,
east of Taschereau, P.Q., Mileage 69.02 Amos Subd.
100090 Dec. 31 — Approving flammable liquid storage facilities of Imperial Oil Limited
at Lipton, Sask., C.P.R.
100091 .Dec. 31 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Viceroy, Sask., C.P.R.
100092 Dec. 31 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and W. R. Caldwell.
100093 Jan. 4 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under Sections 3 and 8 of the Maritime Freight
Rates Act.
100094 Jan. 4 — Approving operation of the C.N.R. over the private siding serving
Church Sawmills Limited at Mileage 98.36 Fraser Subd., B.C.
100095 Jan. 4 — In the matter of Orders 97223 and 75097, authorizing the construc-
tion of a siding across Moffat Street at Birch River, Man.
637
100096 Jan. 4 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 23 where it crosses the C.N.R. at Mileage 22.48 Miami
Subd.
100097 Jan. 4 — Authorizing the C.N.R. to install improved protection at the crossing
of their railway and Fourth Range Road, west of St. Cyrille, P.Q.,
Mileage 93.7 Drummondville Subd.
100098 Jan. 4 — Amending Order No. 97813, re apportionment of cost of removing
and relocating public utilities in connection with the construction of
William St. across the C.N.R. and C.P.R. in the Town of Brockville,
Ont.
100099 Jan. 4 — Approving Alternate Appendix to Traffic Agreement between The
Bell Telephone Company of Canada and Le Telephone Somerset
Limitee.
100100 Jan. 4 — Dismissing application of the C.N.R. for authority to remove the
station agent at Wayne, Alta., Mileage 60.4 Drumheller Subd.
100101 Jan. 4 — Approving revised Appendix A to Traffic Agreement between The
Bell Telephone Company of Canada and Le Syndicat Cooperative
de Daveluyville.
100102 Jan. 4 — Authorizing the Ontario Dept. of Highways to construct an over-
head bridge across the C.N.R. at Mileage 307.29 Oshawa Subd.
100103 Jan. 4 — Authorizing the C.N.R. to install signals on their Caramet and
Kokash Subdivisions.
100104 Jan. 4 — Authorizing the N.A.R. Co. to remove the station agent at Newbrook,
Alta.
100105 Jan. 5 — Authorizing the removal of the speed limitation at the crossing
of the highway and the C.P.R. in Fleming, Sask., Mileage 77.6
Broadview Subd.
100106 Jan. 5 — Approving Connecting Agreement between The Bonaventure and
Gaspe Telephone Co. Ltd., and the New Brunswick Telephone Com-
pany Limited.
100107 Jan. 5 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Notre Dame St. in the Village of Ste. Thecle,
P.Q., Mileage 25.42 Grand'Mere Subd.
100108 Jan. 5 — Approving tolls published in tariffs filed by the C.N.R. under section
3 of the Maritime Freight Rates Act.
100109 Jan. 5 — Amending Order No. 99932, re apportionment of cost of improving
the approach grades at the crossing of the township road and the
C.N.R. in the Township of Ekfrid, Ont., Mileage 15.78 Chatham
Subd.
100110 Jan. 5 — Authorizing the C.N.R. to operate over the siding serving Scotia
Marine Products Limited, at Lower Wood Harbour, N.S., Mileage
94.61 Yarmouth Subd.
100111 Jan. 5 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the South Diagonal Tele-
phone Company Limited.
100112 Jan. 5 — Approving Service Station Contract between The Bell Telephone
Company of Canada and the Ontario Northland Communications.
100113 Jan. 5 — Approving tariffs filed by the British Columbia Telephone Company.
100114 Jan. 5 — Approving Plan and Book of Reference submitted by Mid-Continent
Pipelines Limited, showing the location of its company pipe line at
certain locations in the Provinces of Alberta and Saskatchewan.
100115 Jan. 5 — Requiring the C.N.R. to install improved protection at the crossing
of their railway and Hume St. in the Town of Collingwood, Ont.,
Mileage 30.9 Meaford Subd.
100116 Jan. 5 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Howland Municipal Tele-
phone System.
100117 Jan. 5 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The People's Telephone Com-
pany of Forest.
638
100118 Jan. 6 — Authorizing the Rural Munic. of Pembina, Man., to remove the
guide fences at crossing of the highway and the C.P.R. at Mileage
91.95 LaRiviere Subd.
100119 Jan. 6 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Swift Current, Sask., C.P.R.
100120 Jan. 6 — Authorizing the Rural Munic. of Pembina, Man., to remove the
guide fences on the approaches to the public crossing of the highway
and the C.P.R. at Mileage 98.38 LaRiviere Subd.
100121 Jan. 6 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Fawcett, Alta., Edmonton Subd., N.A.R.
100122 Jan. 6 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the private road of the Thurso Pulp and Paper
Company, in the Town of Thurso, P.Q., Mileage 91.05 Lachute Subd.
100123 Jan. 7 — Authorizing the C.N.R. and the C.P.R. to operate their trains through
the interlocking at the crossing of their railways at Mileage 47.7
Camrose Subd. of the C.N.R., Alta.
100124 Jan. 7 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Fifth Line Telephone
Company Limited.
100125 Jan. 7 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Glen Eden Telephone
Company Limited.
100126 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. east of the station at Dryden, Ont.,
Mileage 62.5 Ignace Subd.
100127 Jan. 7 — Approving tolls published in tariffs filed by the Canada and Gulf
Terminal Railway Company under Section 8 of the Maritime Freight
Rates Act.
100128 Jan. 7 — Approving proposed flammable liquid storage facilities of Withing-
ton Fuel and Lumber Company, Ltd., at St. Thomas, Ont., Main
Line and Fort Erie Subd., N.Y.C. Railroad Co.
100129 Jan. 7 — Authorizing the N.S. Department of Highways to relocate the cross-
ing of East Sable Road and the C.N.R. at Mileage 28.05 Yarmouth
Subd.
100130 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
Provincial Hwy. No. 2 and the C.N.R. at Mileage 188.06 Clarenville
Subd., Nfld.
100131 Jan. 7 — Dismissing application of the C.N.R. for authority to transfer the
station agent from Libau Station, Man., to East Selkirk, Man.
100132 Jan. 7 — Authorizing the C.P.R. to remove the ticket agent and operator at
Hemlo, Ont.
100133 Jan. 7 — Authorizing The Bell Telephone Company of Canada to construct
its lines of telephone under and along the C.N.R. in the Parish of
Godmanchester, Co. of Chateauguay, P.Q.
100134 Jan. 7 — Authorizing the C.N.R. to remove the station agent at Rosedale,
Alta.
100135 Jan. 7 — Authorizing The Bell Telephone Company of Canada to construct
its lines of telephone under and along the C.N.R. in the Parish of
Godmanchester, Co. of Chateauguay, P.Q.
100136 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 6 and the C.N.R. north of Varney Stn., Ont., Mileage
22.84 Durham Subd.
100137 Jan. 7 — Authorizing the C.P.R. to construct a private siding to serve
W. J. Gage Company and Grant, Atkinson and Blair, across
Wellington Ave., in St. James, Man.
100138 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 7 and the C.N.R. west of Stratford, Ont., Mileage 0.80
Thorndale Subd.
100139 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. north of Ripley, Ont., Mileage 49.59
Kincardine Subd.
639
100140 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
Sir Wilfrid Laurier Hwy. and the C.N.R. south of Bussiere Stn.,
P.Q., Mileage 12.39 Aston Subd.
100141 Jan. 7 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Boveri
Blvd. in St. Johns, P.Q., Mileage 25.59 Rouses Point Subd.
100142 Jan. 7 — Authorizing the removal of the speed limitation at the crossing of
Norwich Ave. and the C.N.R. in Woodstock, Ont., Mileage 49 Dundas
Subd.
100143 Jan. 7 — Authorizing the C.P.R. to make changes in the signals at the cross-
ing of their railway and Regent St. in Sudbury, Ont., Mileage 0.95
Webbwood Subd.
100144 Jan. 8 — Approving tariffs filed by The British Columbia Telephone
Company.
100145 Jan. 8 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Bognor Telephone
Company Limited.
100146 Jan. 8 — Authorizing the removal of the speed limitation at crossing of the
highway and the C.N.R. at Mileage 137.2 Gananoque Subd., Ont.
100147 Jan. 8 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Petawawa, Ont., Mileage 103.81
Chalk River Subd.
100148 Jan. 8 — Authorizing the City of Lethbridge to realign the existing Highway
No. 3 and construct a new roadway across and under the bridge of
the C.P.R. in Lethbridge, Alta.
100149 Jan. 8 — Authorizing the City of Fort William, Ont., to relocate Cameron St.
where it crosses the C.N.R., Mileage 3.60 Kashabowie Subd.
100150 Jan. 8 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in St. Basile le Grand, P.Q., Mileage
59.36 St. Hyacinthe Subd.
100151 Jan. 8 — Approving tolls published in tariffs filed by the Dominion Atlantic
Railway Company under sections 3 and 8 of the Maritime Freight
Rates Act.
100152 Jan. 8 — Authorizing the removal of the speed limitation at the crossing of
Prov. Highway No. 9 and the C.N.R. at Mileage 3.25 Durham Subd.,
Ont.
100153 Jan. 8 — Approving the protection as installed at crossing of the C.N.R.
and Montrose Road at Stamford, Ont., Mileage 3.32 Welland Subd.
100154 Jan. 8 — Approving changes in the protection at the crossing of the C.N.R.
and Kennedy Road in the Munic. of Metropolitan Toronto, Ont.,
Mileage 52.82 Uxbridge Subd.
100155 Jan. 8 — Authorizing the C.P.R. to close Delair Road and to construct a
diversion, being a junction of Riverside Road and the old Trans
Canada Highway at Mileage 7.87 Mission Subd., B.C.
100156 Jan. 8 — Authorizing the Manitoba Dept. of Public Works to widen the
highway where it crosses the C.P.R. at Mileage 15.32 Snowflake
Subd.
100157 Jan. 11 — Approving connecting agreement between The Bell Telephone Com-
pany of Canada and the Department of National Defence for tele-
phone service at Kingston Military Hospital, Kingston, Ont.
100158 Jan. 11 — Approving connecting agreement between The Bell Telephone Com-
pany of Canada and the Department of National Defence for tele-
phone service at the R.C.A.F. camp at Falconbridge, Ont.
100159 Jan. 11 — Approving connecting agreement between The Bell Telephone Com-
of Canada and the, Department of National Defence for telephone
service at the R.C.A.F. camp at Edgar, Ont.
100160 Jan. 11 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Balaclava Telephone
Company Limited-
640
100161 Jan. 11 — Authorizing the C.N.R. to close as an agency their station at
Wanstead, Ont.
100162 Jan. 11 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 23 where it crosses the C.P.R. in the Town of Morris, Man.,
Mileage 40.87 LaRiviere Subd.
100163 Jan. 11 — Approving flammable liquid storage facilities of Imperial Oil
Ltd., at Mankota, Sask., Wood Mountain Subd., C.P.R.
100164 Jan. 11 — Approving flammable liquid storage facilities of Texaco Canada,
Limited, at Guelph, Ont., Mileage 30.42 Goderich Subd., C.P.R.
100165 Jan. 11 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and the Desboro Telephone
Company.
100166 Jan. 11 — Approving proposed flammable liquid storage facilities of Oxbow
Co-operative Assoc. Ltd., at Oxbow, Sask., Estevan Subd., C.P.R.
100167 Jan. 11 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first public crossing south of Beeton,
Ont., Mileage 58.72 Milton Subd.
100168 Jan. 8 — Authorizing the removal of the speed limitation at the crossing
of the highway and Quebec Central Rly. south of Thetford Mines,
P.Q., Mileage 68.93 Quebec Subd.
100169 Jan. 11 — Amending Order No. 100074, re apportionment of cost of recon-
structing the overhead bridge over the C.P.R. in Kenora, Ont.,
Mileage 1.95 Keewatin Subd., and constructing a temporary crossing
at Mileage 1.75 Keewatin Subd.
100170 Jan. 11 — Authorizing the removal of the speed limitation at the crossing of
Second St. and the C.N.R. in The Pas, Man., Mileage 0.23 Wekusko
Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1960
LIBRARY
MAR 9 I960
f&H^oarb of
mts&tonera for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, FEBRUARY 15, 1960 No. 22
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Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application of The New York Central Railroad Company,
dated March 24, 1959, for an Order under Section 168 of the Railway Act
granting leave to abandon the operation of its St. Clair Branch from St.
Clair Junction to Courtright, Ontario, which branch includes the segment
between Petrolia and Petrolia Junction, and the segment between Oil
City and Eddy's Station.
File No. 40892.2
Before:
Rod. Kerr, Q.C., Chief Commissioner,
A. Sylvestre, Q.C., Deputy Chief Commissioner,
J. M. Woodard, Commissioner.
Appearances:
S. S. Mills, Q.C., ]
Gray Nelson and [for The New York Central Railroad Company.
T. S. Mills, J
R. D. Steele, Q.C., for the Town of Petrolia; Villages of: Oil
Springs, Brigden, Inwood, Alvinston; Townships of: Dawn,
Moore, Enniskillen, Sombra, Brooke; County of Lambton.
Ernest J. Campbell, M.P., Lambton-Kent.
N. B. Lindsay, Eddy's' Mills, in person.
W. D. Metcalfe, Oil Springs, in person.
641
80113-4—1
642
JUDGMENT
Kerr, C.C.:
The St. Clair Branch line, in respect of which the above mentioned applica-
tion was filed and heard, comprises 73.38 miles single track and 4.22 miles side
tracks located in Ontario between St. Clair Junction and Courtright, including
the segment between Petrolia and Petrolia Junction and the segment between
Oil City and Eddy's Station.
The line is generally in poor condition, due principally to lack of mainte-
nance and repairs. The line serves a moderately prosperous farming territory.
It has 11 stations, 4 of which are open stations, namely, Inwood, Oil Springs,
Petrolia and Brigden. The agent at Brigden handles Kimballs and Courtright.
The agent at Oil Springs handles Eddy's; other points, namely, Muncey,
Melbourne, Alvinston and Oil City are taken care of by a travelling agent who
accompanies the freight train.
Melbourne is on Provincial Highway No. 2; Alvinston is on Highway
No. 79, Oil City, Oil Springs, Eddy's and Petrolia are on Provincial Highway
No. 21, Courtright is on Provincial Highway No. 40.
The distance between industries on the St. Clair Branch and nearest stations
on Canadian National, Chesapeake and Ohio and New York Central lines are
as follows:
Station Distance to nearest station
on other lines
Muncey 8.9 miles — N.Y.C. at Shedden
Melbourne 2.9 miles — C.N.R. at Longwood
Alvinston 0.6 miles — C.N.R. at Alvinston
Inwood 8.3 miles — C.N.R. at Alvinston
Oil City 6.1 miles— C.N.R. at Petrolia
Oil Springs 8.5 miles — C.N.R. at Petrolia
Eddy's 11.0 miles— C.N.R. at Petrolia
Petrolia —C.N.R. at Petrolia
Bridgen 10.7 miles-^C. & O. at Courtright
Kimballs 7.1 miles — C. & O. at Courtright
Courtright — C. & O. at Courtright
The train service consists of a freight train operating westbound from St.
Thomas to Courtright on Mondays, Wednesdays and Fridays and returning on
Tuesdays, Thursdays and Saturdays.
The line has 27 bridges, all in good condition. Buildings are few and in
fair state of repair. Industrial sidings are in usable condition. There are four
diamond crossings (interlockers) with other railways. There are interchanges
with the Canadian National Railways at Petrolia and the Chesapeake and Ohio
Railway at Courtright.
Highways in the area are generally of improved gravel construction.
County Road No. 4 closely parallels the line between Alvinston and Courtright.
This is a development road that is being reconstructed by the Department of
Highways of Ontario.
643
There are approximately 85 level crossings on the line, none of which has
automatic protection devices. There is one subway and one overhead bridge.
Sight lines at nearly all the crossings are poor because of growth of trees, brush
and vegetation.
The Ontario Department of Highways informed the Board by letters that it
supported the application for leave to abandon operation of the line and stated
that the saving that the Department might conceivably realize as the result
of the abandonment of the line would amount to approximately $337,000.
At the hearing the Board enquired of the Company why the line had been
allowed to deteriorate. The Company explained in a letter received subsequent
to the hearing that, in the light of the small amount of traffic handled on the
Branch and the losses from operation, it would have been uneconomic and
wasteful for the Company to have performed more than the minimum required
for the safe operation of the line; also, that the deferred maintenance is not
responsible for the decreased business on the line; rather, the depreciated
financial result of the line is the reason for deferring maintenance; and that
the line has deteriorated to the point where it either must be abandoned or
rehabilitated.
The Company filed a statement of estimated rehabilitation cost and an
estimate of the maintenance cost (Exhibit 6). The net total rehabilitation cost
was estimated at $977,620, the major items of which were $705,675 for track
material and $226,110 for track labour. The Company estimated maintenance-
of-way cost for the years 1960 to 1964 inclusive at $195,749 per year and 1965
and subsequent years at $113,734. The rehabilitation cost was based on a
25-mile per hour operation.
The Company also filed Exhibit 7 showing estimated salvage credit upon
abandonment, showing a net retirement credit of $795,388, the major item of
which was salvage of track and bridges amounting to $950,300, against which
was an expense of $193,005 for salvaging and retiring the line.
The Company gave evidence indicating that the area served by the line is
also served by numerous highway transport services.
System revenues respecting the Branch for the years 1956, 1957 and 1958
were shown in the Company's Exhibits 11 and 12, detailed by stations and
months and indicating commodities and carloads. The totals shown were as
follows:
SYSTEM REVENUES
CARLOAD TRAFFIC
Year
1956
1957
1958
Freight
$
141,120.
158,929.
120,541.
Express
$
653.
488.
523.
Misc.
$
2,404.
2,416.
1,785.
Total
$
144,177.
161,833.
122,849.
Cars In
1,576.
1,602.
1,357.
Cars Out
391,
334.
310.
801134— 1*
644
The branch and system revenues and expenses were shown in Exhibit 9,
reproduced next hereafter (with net losses underlined).
THE NEW YORK CENTRAL RAILROAD COMPANY
ST. CLAIR SUBDIVISION PROPOSED ABANDONMENT
STATEMENT SHOWING
OPERATING ANALYSIS YEARS 1956, 1957, 1958
System &
Branch
Revenues
2956
1957
1958
System System
System System
System System
Tivfinch
Rev.
Rev.
Tivriyi ch
Rev.
Rev.
J— ' 1 KAfl I v
Rev.
Rev.
Rev.
Can.
U.S.
Rev.
Can.
U.S.
Rev.
Can.
U.S.
$
$
$
$
$
$
$
$
$
Freight
78,833.
Do, 001.
Q ROC
«3,DoD.
83,146.
71 Qin
o,o / O.
67,188.
0 l,ZZO.
Express
653.
488.
523.
Misc.
2,404.
2,416.
1,785.
$
$
$
$
«p
$
$
81,237.
59,304.
3,636.
85,562.
72,398.
3,873.
68,973.
51,749.
2,127.
Expenses:
J_J 1 ctllL.II
(out-of-
pocket)
201,049.
208,710.
239,560.
System —
Can. 50%
Freight
Oper.
T? a tin
29,652.
36,199.
25,975.
System —
U.S. 50%
Freight
Oper.
Ratio
1,818.
1,936.
1,063.
$
$
$
$
$
$
$
$
$
201,049.
29,652.
1,818. 208,710.
36,199.
1,936. 239,560.
25,875.
1,063.
Net
Earnings
$
$
$
$
$
$
$
$
$
or Loss
119,812.
29,652.
1,818.
123,148.
36,199.
1,937.
170,587.
25,874.
1,064.
System
$
$
$
Loss:
88,342.
85,012.
143,649.
645
Exhibit 10, reproduced next, shows operating expenses for the branch.
THE NEW YORK CENTRAL RAILROAD COMPANY
ST. CLAIR SUBDIVISION PROPOSED ABANDONMENT
STATEMENT SHOWING
OPERATING EXPENSES YEARS 1956, 1957, 1958
1956 1957 1958
Maintenance of Way & Structures $ 55,223. $ 73,575. $105,685.
Maintenance of Equipment:
♦Locomotive Fuel 22,715. 11,067. 5,898.
♦Locomotive Repairs 29,929. 15,971. 9,867.
Freight Car Repairs 728. 741. 741.
Passenger Car Repairs 487. 499. 499.
Depr. Value one DRS 4 unit 3,776. 4,122.
Payment to Canada Customs acct. DES Unit .... .... 319.
$ 53,859. $ 32,054. $ 21,446.
Transportation:
Road Expense 42,011. 44,800. 49,557.
Station Expense 28,824. 30,229. 33,009.
$ 70,835. $ 75,029. $ 82,566.
Miscellaneous:
♦♦Car Rentals 17,292. 24,046. 25,536.
Taxes 3,840. 4,006. 4,327.
$ 21,132. $ 28,052. $ 29,863.
Total Operating Expense: $201,049. $208,710. $239,560.
♦In April, 1957, steam locomotive power was replaced with diesel locomotive power.
♦♦Item made up as follows:
Car Rental on Foreign Cars $ 5,214. $ 7,167. $ 4,419.
Car Rental on System Cars 12,078. 16,879. 21,117.
Exhibit 11 next shows a summary of revenues and expenses and indicates
a System Loss of $88,342 in 1956, $85,012 in 1957, and $143,649 in 1958.
THE NEW YORK CENTRAL RAILROAD COMPANY
ST. CLAIR SUBDIVISION PROPOSED ABANDONMENT
STATEMENT SHOWING
SUMMARY OF REVENUES AND EXPENSES FOR YEARS 1956, 1957, 1958
System & Branch Revenues: 1956 1957 1958
Passenger Nil Nil Nil
Freight $141,120. $158,929. $120,541.
Express 653. 488. 523.
Miscellaneous 2,404. 2,416. 1,785.
Total Revenues $144,177. $161,833. $122,849.
Expenses (Out-of-Pocket):
Branch Line $201,049. $208,710. $239,560.
Off-Line Expense (50% Freight Oper. Ratio) 31,470. 38,135. 26,938.
Total Expenses $232,519. $246,845. $266,498.
System Loss: $ 88,342. $ 85,012. $143,649.
646
The system freight revenues were calculated from the records of the com-
pany from the bills and interline settlements with other railways, that is,
the actual revenues that accrued to New York Central. These revenues were
then separated to show the portion in the United States and the portion in
Canada on an actual division of rate basis. The branch revenues were then
obtained by taking the total Canadian revenues and dividing them between the
branch and the rest of the New York Central system in Canada, on a mileage
basis. For example, if a carload of goods was carried 100 miles, 50 miles on
the branch and 50 on the system in Canada, the branch is credited with 50 per
cent of the revenues.
The branch line expenses shown above are out-of-pocket expenses of the
branch and do not include expenses of operation beyond the branch. The
off-line expenses are calculated on the basis of 50% of the system revenue on
the traffic moving to or from the branch. The Company's evidence was that
the cost to the Company of moving cars on the system varies from year to year
from 70% to about 77% of the revenues from such movements but for the
purposes of calculating off-line expenses for this application the Company
included only 50% of the revenue of the Canada system beyond the branch and
50% of the system revenue in the United States. For example, in 1956 the
off-line expenses are calculated at $31,470, consisting of $29,652, System Canada
and $1,818 System United States; and similarly in 1957 and 1958, as shown
in Exhibit 9 as follows respectively, 1957— $36,199 and $1,936; 1958— $25,875
and $1,063.
The explanation given for the higher expenses for Maintenance-of-Way
and Structures in 1958 than in 1957 and 1956 was that the line was resurfaced
in 1958 and an additional labour force and machinery were employed for that
purpose in 1958.
Exhibit 13, reproduced next, shows cars handled by commodities. The
figures show that most of the freight carried "In" to the branch was crushed
stone and petroleum products, and most of the freight "Out" was grain, soya
beans, wheat and crude oil.
647
THE NEW YORK CENTRAL RAILROAD COMPANY
ST. CLAIR SUBDIVISION
Cars Handled — By Commodities
1956 1957 1958
% % %
Cars of Total Cars of Total Cars of Total
1 IV l_/ III/
Cars
Trt
1 IV
Cars
In
Cars
Crushed Stone
94o . .
48
0
917
47
3
/9o
47 . 7
Petroleum Products . .
A f\C
40b . .
20
6
o o o
3oo
17
20
9
437
Of? O
zb . z
Empty Drums
47
2
4
46
4
2
6
43
2 . 6
40 . .
2
3
oz
1
6
oo
z . U
Cement
35
1
8
4
0
2
Grain Products
O A
24
1
2
9
0
5
o
O
0 . 5
1 n i a o
19 142
8
.2
19
3d
2
3
1 o
13
TO
7o
D . D
zl
1
0
16
1
0
9
lb
0 . 9
Q
O . .
0
2
1
0
1
0 . .
0
Z
A
4
A
0
Z
U . Z
Z . .
n
0
i
1
a
y
0
A
4
1
1
n 1
U . 1
6 . .
0
Z
A
0
2
o
o
u . z
0 . .
0
3
1
1
0
1
z . .
0
1
1
Q
O . .
0
2
wall iriaster
1
0
1
Plaster Board
1 . .
0
1
10
0
5
if Z
0
6
U . 1
Fertilizer
1
0
1
Agri. Implements ....
4
0
2
n 1
U . i
1U2
5
3
Pipeline Coating
1 o
lo
0
7
Road Equipment
Z
0
1
Contractor Equipment
10
0
5
Tractors
z
0
1
Machinery
1
0
1
Building Material ....
4
0
2
Twine
Z
0
1
Combines
1
0
1
Soya Beans
81
4
1
95
4
9
95
5.7
Wheat
24
1
2
16
0
8
14
0.8
Insulation
1
0.1
Crude Oil
. . 121
6
1
121
6
2
122
7.3
Livestock
13
0
7
Wheat Straw
6
0
3
Insulation
43
2
2
Empty Reels
1
0
1
Total
1576 391
1602
334
1357
310
Grand Total
1967
100
0
1936
100
0
1667
100.0
There was extensive, pertinent and thorough cross-examination of the
railway's witnesses by Mr. Steele.
Evidence in opposition to the application was given by Ernest J. Campbell,
M.P., elected representatives and officers of the municipalities concerned,
highway superintendents and other persons, as to the prospective industrial
development of the area; the need of shippers for rail service; highway con-
struction programme in the area and the additional expenses that the municipal-
ities will have to bear if the line is abandoned, with consequent increased
carriage of stone and road construction material by means of trucks; and, in
general, evidence designed to show the need of the area for the line and the
losses and inconvenience that would result to shippers and communities from
its abandonment.
648
There was also evidence of the by-laws passed by several municipalities in
the 1870's and 1880's authorizing money grants, the largest of which was
$25,000, to assist construction of the line. The amounts that were actually
paid was not established, but for the purpose of determining this application
I am assuming that the grants were paid in full.
As to highway construction costs, there was evidence that the Province of
Ontario assists the municipalities in meeting such costs by payments of up to
50% of the costs.
ARGUMENT BY COUNSEL
Mr. Mills, for the railway, submitted that a clear case has been made for
granting the application; that the municipalities are substantially compensated
by the Province of Ontario for highway construction work; that there are good
highways through the area, with good trucking service; that there is access
to other railway lines within a reasonable distance; and that the Department
of Highways of Ontario would benefit, as shown by its letters, if the line were
abandoned. He also referred to the following extract from the Report of the
Royal Commission on Transportation, 1951:
"Up to the present, line and service abandonments by railways have
not been looked upon with favour in Canada. It is time now for all con-
cerned to reconsider their attitude in this regard. If the American rail-
ways had not been allowed to meet by abandonment, sometimes partial
and sometimes total, the difficulties created by highway competition, by
the cessation or relocation of industry, by the exhaustion of natural
resources, etc. they would undoubtedly have been in a much more
unfavourable position than they are today. Our railways should be allowed
to practice similar economies in cases where operations are shown to have
become substantially unnecessary or to be definitely unprofitable, especially,
of course, when it is shown that reasonable service can be assured by other
agencies."
Mr. Steele, for the Municipalities, referred to the fact that some railway
employees would lose their employment if the line were abandoned; that the
railway's estimates of maintenance and rehabilitation expenses are weighted
considerably by 25 years of neglect or failure to repair or maintain and that
the figures include something for depreciation and overhead; that the munici-
palities made grants towards construction of the line; that the company has its
head office and main operations in the United States and should maintain the
branch line as part of the payment for operating in Ontario, perhaps longer
than might be justified economically; that the area may develop industrially
and railway patronage increase; that shipments of material for constructing
municipal roads will increase and the line should remain for five years more
for that purpose; that parts of the area are not well served by transportation
facilities; that if the line had been kept in better condition and more interest
shown by the company in attracting traffic, it might have been profitable. He
urged that operation continue during the next four or five years.
FINDINGS AND DETERMINATION
Section 168 of the Railway Act is as follows:
"168. The company may abandon the operation of any line of railway
with the approval of the Board, and no company shall abandon the operation
of any line of railway without such approval."
Abandonment is also provided for by section 2(3) of the Canadian National-
Canadian Pacific Act, R.S.C. 1952, c. 39 as follows:
649
"(3) Notwithstanding anything in this Act or in any other Act any
railway company may abandon the operation of any line of railway with
the approval of the Board of Transport Commissioners for Canada, and no
railway company shall abandon the operation of any line of railway without
such approval."
The Railway Act lays down no principle upon which the Board should act
in granting or withholding approval in such applications for abandonment of
operation of railway lines. The principle adopted in numerous cases by the
Board is set forth in Vancouver, Victoria and Eastern Ry. v. Princeton, 45 C.R.C.
197, decided in 1936, as follows:
"... The issue in each case where abandonment is sought resolves
itself into a question of 'whether the loss or inconvenience to the public
consequent upon the abandonment outweigh the burden that continued
operation of the railway line involved would impose upon the railway
company.' This was the decision pronounced by the Board in the recent
case of C.N.R. v. Tweed (1935), 44 C.R.C. 53. In my opinion this decision
constitutes a guiding principle for the determination of cases similar to
that now under consideration."
In applications for authority to abandon operation of a line the Board
looks at all pertinent factors, including the following: (1) revenues and
expenses of the line concerned and of the system allocatable to the line, for
the previous three years, (2) existing train services, volume and type of
traffic, length of line, and railway facilities on the line, (3) alternative railway
and other transportation services; (4) estimated annual savings to the railway
company by abandonment and the burden to the company of continued opera-
tion, (5) nature of the area served, productivity, future prospects, (6) subsidies
granted to the company in respect of the line and any agreement to provide
service and (7) the convenience and transportation needs of the public
concerned.
In applications for abandonment of operation of a line, it is the practice
for the Board's District Inspectors to examine the situation in the area con-
cerned and make a complete report to the Board, and that practice was followed
in this instance.
Where abandonment of operation of a line takes place there inevitably is
some inconvenience and loss to those using the line. The present case is no
exception in that respect.
It is also a fact that continued operation of the line will be a serious burden
to the railway company. Even if the Board were to reduce the company's
estimates of its expenses and its losses from the operation of the line, where
they are susceptible of reduction, the remaining expenses and losses would still
be heavy.
In my opinion the expenses and losses that the company will have to incur
and bear if the line continues to be operated, and the burden thereof to the
company, outweigh the loss and inconvenience to the public consequent upon
abandonment, to such an extent as to justify abandonment, it would not
be proper for the Board to refuse to allow abandonment in the circumstances.
The evidence does not make it appear probable that patronage will return
to the line or increase to an extent that will appreciably reduce the level of
present losses, or that the present and future needs of the area for transporta-
tion services will not be adequately taken care of by other continuing rail
services and the ever increasing highway services.
80113-4—2
650
It is also a fact that although the company might continue present opera-
tion of the line for a limited time without extensive rehabilitation, it could not
do so for long safely — and meanwhile operating losses would continue. It
appears to me that the situation may just as well be faced by all parties now
as next year or in the next few years.
Of course there are factors and considerations against abandonment — and
they were forcefully presented by Mr. Steele, Mr. Campbell and others who
opposed the application — but on balance a good case has been made for abandon-
ment, as I appreciate the situation, and I would grant the application.
However, having regard to the time of year I feel that the company should
continue to operate the line for the remainder of this winter and I have no
doubt would be willing to do so, in order that those who are using the line will
have that period in which to make arrangements for alternative transportation
of their goods next spring and thereafter and will not be deprived of the
services of the line in the middle of the present winter.
The company will be authorized to abandon operation of the line not
earlier than April 30, 1960, on not less than 30 days' prior notice filed with the
Board and posted in the stations on the line for the information of the public.
An Order will be issued accordingly.
ROD. KERR
I concur:
A. Sylvestre.
I concur:
J. M. WOODARD.
January, 15, 1960.
651
ORDER No. 100227
In the matter of the application of The New York Central Railroad Company,
dated March 24, 1959, for an Order under Section 168 of the Railway Act
granting leave to abandon the operation of its St. Clair Branch from St.
Clair Junction to Courtright, Ontario, which branch includes the segment
between Petrolia and Petrolia Junction, and the segment between Oil
City and Eddy's Station.
File No. 40892.2
Friday, the 15th day of January, A.D. 1960
Rod. Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Upon hearing the said application at a sittings of the Board held at St.
Thomas on October 5, 1959, in the presence of Counsel and persons whose names
are set forth in the Judgment herein dated January 15, 1960, and pursuant to
the said Judgment —
It is hereby ordered as follows:
The New York Central Railroad Company is authorized to abandon opera-
tion of its St. Clair Branch from St. Clair Junction to Courtright, Ontario,
including the segment between Petrolia and Petrolia Junction and the segment
between Oil City and Eddy's Station, not earlier than April 30, 1960, on not
less than thirty days' prior notice filed with the Board and posted in the
stations on the line for the information of the public.
ROD. KERR,
Chief Commissioner.
80113-4— 2£
652
In the matter of the application of the New York Central Railroad Company,
dated March 25, 1959, for an Order under Section 168 of the Railway Act
granting leave to abandon the operation of the most northerly portion of
its Niagara Branch being 10.46 miles in length between the level crossing
of Church's Lane on the south and its terminus in the Town of Niagara-
on-the-Lake.
File No. 40892.1
Before:
Rod. Kerr, Q.C., Chief Commissioner.
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
Appearances:
S. S. Mills, Q.C., 1
Gray Nelson and [for the New York Central Railroad Company.
T. S. Mills, J
H. M. Rogers, Q.C., for the Town of Niagara and County of Lincoln.
A. R. Dick, for the Ontario Department of Highways.
Heard at Niagara Falls, Ontario, October 8, 1959.
JUDGMENT
Kerr, C.C.:
The branch line that is the subject of the above mentioned application
consists of the most northerly portion of New York Central's Niagara Branch,
being about 10.46 miles of single track line from a point near the Village of
Stamford to the end of the line at the Town of Niagara or Niagara-on-the-
Lake.
The condition of the line is poor. It is overgrown with brush, weeds and
grass. Fencing is absent or deteriorated. Drainage is bad. The rails are mostly
80 pound rails laid in 1900 and now in fair condition. Ties are deteriorated and
will require almost complete replacement if the line continues long in operation.
The only buildings are two small station shelters at St. Davids and the Town of
Niagara, neither of which is an open station.
There is no passenger service and no regular scheduled freight service.
The line is incorporated in the yard switching limits of Montrose Yard and is
served, as required, by yard switch engines.
The area served by the line is rural and for the most part a farming and
fruit growing district.
The company presented evidence respecting costs of rehabilitation and
maintenance of the line. I need not outline such cost for the purposes of this
Judgment except to state that the company's estimates are $143,065 for
rehabilitation and $28,613 for maintenance for each of the years 1960 to 1964
inclusive if the line continues to be operated. The company gave evidence that
the net system earnings in respect of the line were $3,947 profit in 1956 but a
net loss of $8,430 in 1957 and $8,482 in 1958. System arid branch revenues and
expenses were shown in detail in Exhibits 5 and 6 and summarized in Exhibit 7
reproduced next hereafter. Where a system loss is shown, the figures are
underlined.
653
THE NEW YORK CENTRAL RAILROAD COMPANY
NIAGARA SUBDIVISION PROPOSED ABANDONMENT
STATEMENT SHOWING
SUMMARY OF REVENUES AND EXPENSES FOR YEARS 1956, 1957, 1958
System & Branch Revenues: 1956 1957 1958
Passenger Nil Nil Nil
Freight $ 48,557. $ 25,023. $ 20,669.
Express Nil Nil Nil
Miscellaneous 261. 217. 203.
Total Revenues $ 48,818. $ 25,240. $ 20,902.
Expenses (Out-of-Pocket)
Branch Line $ 24,769. $ 23,645. $ 22,290.
Off Line Expenses (50% Freight Oper. Ratio) . . . 20,102. 10,025. 7,094.
Total Expenses $ 44,871. $ 33,670. $ 29,384.
System Loss: $ 3,947. $ 8,430. $ 8,482.
Operating expenses for the years 1956, 1957 and 1958 were shown in
Exhibit 6, reproduced next, for the Branch.
THE NEW YORK CENTRAL RAILROAD COMPANY
NIAGARA SUBDIVISION PROPOSED ABANDONMENT
STATEMENT SHOWING
OPERATING EXPENSES YEARS 1956, 1957, 1958
1956 1957 1958
Maintenance of Way & Structures $ 2,240. $ 3,582. $ 2,576.
Maintenance of Equipment:
*Locomotive Repairs 4,751. 2,470. 1,753.
Freight Car Repairs 216. 216. 227.
Passenger Car Repairs .... .... ....
$ 4,967. $ 2,686. $ 1,980.
Transportation:
Road Expense $ 6,755. $ 7,115. $ 7,864.
Station Expense 5,803. 5,947. 5,615.
$ 12,558. $ 13,062. $ 13,479.
Miscellaneous:
**Car Rentals $ 4,051. $ 3,270. $ 3,211.
Taxes 953. 1,045. 1,044.
$ 5,004. $ 4,315. $ 4,255.
Total Operating Expenses $ 24,769. $ 23,645. $ 22,290.
*In April, 1957, steam locomotive power was replaced with diesel locomotive power.
**Item made up as follows:
Car Rental on Foreign Cars $ 3,168. $ 2,296. $ 2,054.
Car Rental on System Cars 883. 974. 1,157.
Exhibit 8 shows the following carloads handled:
In Out
1956 204 117
1957 137 66
1958 95 141
654
Carloads outbound were mostly canned goods shipped by Canadian Canners
Limited, which filed objection to the application but withdrew its objection on
the eve of the hearing after making arrangements with New York Central for
satisfactory shipping facilities elsewhere at Church's Lane.
The Board requested the railway to file a statement showing freight handled
during the first nine months of 1959. The company filed a statement showing
79 carloads "In" and 86 carloads "Out" as compared with 77 carloads "In"
and 97 carloads "Out" during the same months of 1958; and that all but four
of the 103 cars handled at St. Davids in 1959 were consigned to or shipped by
Canadian Canners Limited which, as indicated above, has agreed to take its
rail service at Church's Lane.
Letters were filed with the Board and evidence was given, on behalf of
the Department of Highways of Ontario, in support of the railway's application.
The Department is planning a new Provincial highway that will run from the
Queen Elizabeth Way to a new international bridge to be constructed between
Queenston and Lewistown, and the location of the highway will depend to
some extent on whether the railway line is abandoned. According to the
Department of Highways the cost of the highway will be increased by an
estimated $500,000 if the railway line is not abandoned.
Evidence and submissions by those who appeared in opposition to the
application were that there is a lack of first class highways within the area;
that the annual losses of the line are not great and should be absorbed by the
company; that alternative transportation services are not adequate; that the
railway is somewhat to blame for lack of traffic; that the population and
industrial activity in the area are increasing, that the area needs the line and
that it should continue to be operated for at least a further period during which
a study of the potentialities of the area may be made.
Counsel for the Town of Niagara and the County of Lincoln informed the
Board by letter following the hearing that the Department of Highways proposes
to provide a new first class Queen's Highway to the Town of Niagara within
the next few years, that a survey for the purpose is under way and the Depart-
ment has advised that the matter will receive serious consideration in 1960.
A letter from the Minister of Labour of Ontario also referred to the survey
mentioned in Mr. Rogers' letter and suggested that the delay in abandonment
proposed by the Niagara Regional Development Association would not be
unreasonable.
FINDINGS AND DETERMINATION
The evidence presented by the company shows that operation of its Niagara
Branch was profitable in 1956, and presumably was also profitable in some
previous years, but was unprofitable in 1957 and 1958; and the traffic handled
during the first nine months of 1959 does not indicate any trend of improvement
in revenues.
If the burden to the railway company of operating the line does not lessen
appreciably and current losses continue year after year, that burden on the
company would outweigh the loss and inconvenience to the public consequent
upon abandonment of the line.
It is also my view that the Board would not be justified in refusing leave
to abandon operation if in addition to the burden of losses above mentioned the
cost to the province of Ontario of constructing the highway to the proposed new
international bridge would be upwards of $500,000 greater with the line con-
tinuing in operation than it would be if the line were abandoned. However,
there is no certainty that construction of the highway will be well advanced in
1960.
655
There is a certain finality to actual abandonment of operation of a line of
railway, with the approval of the Board required therefor, for the line and the
service provided by it cease and thereafter the Board has no power to order
reinstatement or rebuilding of the line or resumption of operation or train
service.
I feel that there is merit in the submissions that operation should continue
for a further period. As already stated, the line was profitable as recently as
1956, and I am not satisfied that the losses in the comparatively short period
since then are sufficient in themselves to warrant abandonment of operation
immediately. I think that the actual results for 1959 and a portion of 1960
should be awaited, but if that experience shows no better results than those
of 1957 and 1953 and no trend tov/ards improvement, the case for abandonment
would then be stronger than it is at present. I consider that the application
should not be granted now, but that the Board should stay seized of it with
liberty to the applicant to supplement the evidence already given with further
evidence of actual results for the whole year 1959 and the first six months of
1960, by which date also the present uncertainty as to future highway con-
struction in the area may also have been resolved. Other interested parties
may also furnish supplementary evidence and submissions. However, if mean-
while the Department of Highways decides to construct the highway to the
proposed new international bridge and its cost would be appreciably increased
by continuance of the line, I would authorize the company to abandon operation
at a time that will not interfere with the highway project, unless other changes
in conditions occur meanwhile sufficient to warrant continuation of operation.
The Department may keep the Board informed respecting the highway.
An Order is not necessary at this time.
ROD. KERR
I concur:
A. Sylvestre
I concur:
J. M. WOODARD
Ottawa, January 15, 1960.
656
In the matter of the application of the City of Kitchener, Ontario, dated April 18,
1958, for the reconstruction of the overhead bridge at the intersection of
Wellington Street, Kitchener, Ontario, and the Canadian National Rail-
ways' tracks at mileage 0.22, Bridgeport Spur, and for a grant from the
Railway Grade Crossing Fund
and
In the matter of the apportionment of cost of construction and maintenance
thereof.
File No. 48716
Heard at Kitchener, Ontario, December 14 and 15, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Appearances:
G. M. Bray, Q.C., for the City of Kitchener.
H. J. G. Pye, for the Canadian National Railways.
JUDGMENT
Woodard, Commissioner:
This is an application of the City of Kitchener, Ontario, for an Order
authorizing the reconstruction of the overhead railway bridge at the inter-
section of Wellington Street, Kitchener, Ontario, and the Canadian National
Railways' tracks at mileage 0.22, Bridgeport Spur, and for a grant from the
Railway Grade Crossing Fund, and the apportionment of cost of construction
and maintenance thereof.
Wellington Street was formerly known as Spring Street and has been an
established highway since before the turn of the century. In 1903, the prede-
cessor of the Canadian National Railways, the Grand Trunk Railway Company
of Canada, applied to the Railway Committee of the Privy Council of Canada
for permission to establish a spur line from the main line running from Toronto
to Sarnia, through Kitchener, and obtained two Orders from the Railway Com-
mittee of the Privy Council of Canada. These two Orders were filed as exhibits,
and read as follows:
"ORDER
The Grand Trunk Railway Company of Canada, having applied,
pursuant to the Railway Act, to the Railway Committee of the Privy Council
of Canada, to sanction the building of a branch or siding from its tracks
at a point near Lancaster Street in the Town of Berlin to the premises of
the Ontario Sugar Company and also to Peter Shirk's Mill, Bridgeport, and
for approval of map or plan, profile and book of reference of the said
branch or siding under File No. 10845, duplicates of which are shown to
have been deposited in the Registry Office for the County of Waterloo, and
of which application due public notice appears to have been given.
The said Committee, after due consideration, deems it expedient to
grant the same and accordingly sanctions the building of the said branch or
siding, and approves of the map or plan, profile and book of reference
thereof under File No. 10845, the said branch or siding to be completed
657
within two years from the date hereof; and the said Committee authorizes
the expropriation of the necessary land for the purposes of the said branch
or siding, under the compulsory powers vested in the said Railway Com-
pany, so soon as the said Railway Company shall have complied with the
provisions of Section 125 of the Railway Act.
ANDREW G. BLAIR
Chairman.
Ottawa, April 14, 1903."
"ORDER
The Grand Trunk Railway Company of Canada, having applied,
pursuant to the Railway Act, to the Railway Committee of the Privy Council
of Canada, for approval of plan and profile of its proposed highway cross-
ings by its proposed branch or siding from its tracks at a point near
Lancaster Street in the Town of Berlin to the premises of the Ontario Sugar
Company and also to Peter Shirk's Mill at Bridgeport, the said highway
crossings being as follows, viz: Spring Street, Union Street, Arnold Street
and Lancaster Street.
The said Committee, after due consideration, hereby approves of the
said plan and profile and orders accordingly.
ANDREW G. BLAIR,
Chairman.
Ottawa, April 14, 1903."
The first Order was an Order to sanction the building of a branch or
siding from its tracks from a point at Lancaster Street in the Town of Berlin,
presently Kitchener, to the premises of the Ontario Sugar Company, and also
to Peter Shirk's Mill, Bridgeport, and for approval of map or plan, profile and
book of reference of the said branch or siding.
The second Order deals with the crossings of the highway concerned, the
said highway crossings being as follows:
Spring Street
Union Street
Arnold Street
Lancaster Street.
It is interesting to note that the Grand Trunk Railway System Handbook
of Bridges and Buildings 1907, shows the overhead bridge having been con-
structed in 1902, consisting of three spans 15 feet long, one span 10 feet long
and one span 19 feet long, with the total length of the construction 77 feet. It
was a pile trestle construction with wooden stringers, height at rail above
river bed 14 feet. This appears to have resulted in a clear headway of approxi-
mately 1T6", and a clear opening at highway level of approximately 12 feet
in width.
In 1928 the Canadian National Railways replaced the stringers over the
roadway with a steel span measuring 25'6" in length which resulted in a
widening of the clear opening at highway level to approximately 17 feet with
double bents applied at each end of the steel span, but also resulting in a
lessening of the clear headway by approximately 6 inches. It appears also
that from the application of oil surfacing to the roadway over the years from
1917 to the present, the roadway had been raised approximately 3£ inches,
resulting in the present overhead clearance of only 10 feet 8£ inches.
658
It may be mentioned here that the replacement of the wooden bridge
structure by the steel span, which I would consider reconstruction, was carried
out by the Railway Company without having secured authority from the Board
for said reconstruction. Had the Railway Company applied and been granted
authority for such reconstruction, it is most probable the applicant would have
at that time been required to construct to conform with the requirements of
Sections of the Railway Act then in force.
Wellington Street runs approximately west to east and is crossed by the
railway spur track running in a northerly direction from the main track of
the Canadian National Railways, intersecting at an angle of 68°. Wellington
Street at present terminates \ mile east of the bridge, but with the opening up
of an extensive industrial area slightly further to the east by several industries,
namely, H. Boehemer & Co. (a ready-mix and fuel oil business), Dominion
Electrohome, Burns Company, Kitchener Meat Packers, Dohmer Sheet Metals,
and a Humane Society shelter, having already established, the City of Kitchener
is very anxious to provide the best possible means of access to this industrial
area.
Because of grade problems on other access roads leading to this area, and
the inadequate capacities of the River Road Bridge (a bridge over the main
track south of Wellington Street), it is felt by the City's Engineering Depart-
ment that the Wellington Street route, providing the bridge clearances, both as
to height and width are brought up to at least present day minimum standards,
is the most logical. Accordingly, they have drawn plans for road improvements
into and in the industrial area on the basis of Wellington Street being the main
artery to and from the area.
Thus the City of Kitchener is convinced of the fact that the bridge should
be reconstructed, and adduced evidence to show the necessity. The position of
the Railways, as expressed by Counsel, is that they have no objection to the
reconstruction and are prepared to go along with the City as to the necessity,
but that their only quarrel is with the apportionment of costs.
The Railways filed with the Board a set of plans and an estimate for con-
struction of the new bridge as proposed by the City. The new structure would
consist of a 60' 0 to 0 steel T.P.G. span supported on concrete abutments to
provide a 40' clear roadway at centre line of road, together with two 5' clear
sidewalks, and a minimum clearance of 14'6" from paved surface of the road.
The estimated cost of such structure would run to $110,000. The estimate
carried on it the following footnote:
"This estimate is prepared without the benefit of final detailed working
drawings, and does not include foundation piling, if required, roadway
grading and paving, concrete sidewalks and curbs, property damage, if
any, and provision for public utilities."
The evidence amply indicates that reconstruction of the present bridge is
necessary for the protection, safety, and convenience of the public, and thus
may qualify for a grant from the Railway Grade Crossing Fund. I would
therefore authorize the construction of the new proposed bridge being the
reconstruction of the present bridge.
I would authorize the payment from the Railway Grade Crossing Fund of
50% of the cost of the proposed work, not to exceed the sum of $55,000. There
therefore remains the matter of apportionment of the remaining cost, and the
cost of maintenance.
Counsel for the City of Kitchener contended in argument that neither
Order of the Railway Committee of the Privy Council, both dated April 14,
1903, authorized the construction of a bridge over Wellington Street, and that
the pile trestle was constructed without authority. He further contended that
659
in 1928, when the original pile trestle was replaced in part by a steel centre
span, this work also was done without authority of the Board. He contended
also that the trestle bridge when built was not built to conform to head clearance
specifications of that time, which prior to 1904 were 12 feet. It was his view
that from the plan of the proposed spur track, as submitted by the Grand Trunk
Railway Company to the Railway Committee of the Privy Council in 1903,
accompanying their application, that the clear headway from subgrade to track
level was 13 feet. When the thickness of the stringers of the trestle bridge —
18 inches — is subtracted from this height, a headway of 11'6" remained, and
with the installation of the steel span in 1928, this was still reduced by 6" to
11' Then conceding a buildup of the road grade of 3£" due to oil surfacing,
the headway was reduced to the present 10'8£".
To sum up the position of the City of Kitchener as briefly as possible, it
would appear to be as follows:
1. The City is convinced of the practicality and the necessity of the new
bridge on this site, both from a safety standpoint and for the convenience of
the public.
2. It is of the opinion that the Railways constructed the bridge in 1902
without authority, and reconstructed it in 1928 again without authority, and
without due regard at either time to the standards of such structures as pre-
scribed by the Acts in effect.
3. As Wellington Street was an established road prior to the construction
of the spur line and the railway crossing, the Railways must be considered
junior thereto.
Therefore, the City feels that some obligation must be assumed by the
Railways to share in the cost of the new grade separation constructed to the
specifications as now filed with the Board.
Counsel for the City had proposed in a letter to the Board dated August 5,
1959, and again before the Board during the course of the hearing, that assuming
that a grant is obtained from the Railway Grade Crossing Fund, the City should
pay half the cost of construction and maintenance, and the Railways should
pay the other half.
In argument Counsel for the Railways was of the opinion that as records
show the trestle bridge to have been constructed in 1902, the two Orders of the
Privy Council of 1903, which approved the construction of the spur line, and
the crossings of the various streets, were issued after the grade separation
was in existence. Assuming all parties had knowledge that the grade separa-
tion did exist at Spring Street (presently Wellington Street), he further argues
that in effect what the Railway Committee of the Privy Council was doing was
approving a constructed work, which it would not have done had the bridge
not been properly constructed within the legal requirements of that time.
I cannot agree with the opinion of the Railways' Counsel on this point
because firstly, neither Order of the Railway Committee of the Privy Council
refer to the bridge in question, they merely approve construction of a spur line
and the crossing of certain streets therein mentioned. Secondly, Section 185
of the Railway Act of 1888 does not give the Committee the power to approve
or authorize clearances less than the minimum provided for in that Section.
Counsel for the Railways further contended that as the bridge must have
been built to conform to at least minimum overhead clearance, at time of con-
struction 12 feet, subsequently reduction in overhead clearance was due entirely
to a building up of the road surface through gravel and oil surfacing.
660
In short, Counsel submitted that the Railways had provided proper
clearances at the time of construction and had done nothing in the intervening
years to reduce the clearances beyond the requirements as of that time.
Referring to the matter of the steel span in 1928, while not denying that
there was a requirement on the Railways to apply to the Board for authority
to do such work, he was of the opinion that this had been largely an oversight
on the part of local railway officers who had gone ahead and performed this
work without Board authority, but no doubt with the knowledge and sanction
of the City authority. Such knowledge by the City, he submitted, amounted to
tacit admission that the bridge prior to and subsequent to changes made in
1928, was satisfactory for the purposes of traffic in the area. It was not until
such time as further industrial development was in the offing, and the need
for improvements in access roads presented itself, that the City made its
application to the Board.
To sum up the position of the Railways:
1. The trestle bridge of 1902 must be considered as approved by the
Orders of the Railway Committee of the Privy Council in 1903.
2. The standards in effect at that time were met by the bridge at the
time of construction. Any lessening of clear headway was brought about by
road improvements.
3. In the absence of any objections by the City up to the time of the
present application, the bridge must be assumed to have been satisfactory to
the area.
4. To apply the principle of the benefit theory to this application, the City
will be the one party to benefit from this reconstruction. The bridge at present
is entirely adequate for the needs of the Railway, as the rail traffic is light,
grades are nominal, and speed requirements low. The City, on the other hand,
requires this reconstruction because of the increase or anticipated increase in
highway traffic, both commercial and private vehicles, which will flow from
the new industrial development, which without doubt will be of great benefit to
the City.
5. Since the time of construction, the Railway has paid all maintenance
costs on the bridge, as well as the entire cost of construction. However, the
Railway is prepared to pay towards the cost of construction the amount of
$8,500, providing the City assumes all future maintenance. The sum of $8,500
is arrived at as being the capitalized cost of maintenance of the present
structure.
I do not feel that the position of Counsel for the City that the bridge was
originally constructed without authority is very relevant to the present applica-
tion. It suffices to say that the bridge was constructed and was sufficient for
the needs of the Railways and the City until recently. Whether the structure
was originally built with required head clearance, also is an arguable point,
and evidence thereto is inconclusive, as is the evidence as to which party was
responsible for the restriction of head clearance to the present 10' 8£". From
submissions made I can only conclude that this responsibility must be borne
by both Railway and City to some degree.
To quote Statutes of Canada, 51 Victoria, Chapter 29, Section 185:
"The span of the arch of every bridge erected for carrying the railway
over or across any highway shall, at all times, be and be continued of the
open and clear breadth and space, under such arch, of not less than 20
feet and of a height from the surface of such highway to the centre of
such arch of not less than 12 feet."
661
From the above it is evident that the bridge could not have been con-
structed in conformity with the statutory width requirements (20 feet), as the
longest span in the original trestle bridge was only 19 feet. While not sug-
gesting any deliberate evasion of the Act in the reconstruction of 1928, I do
feel that the Railway was remiss in failing to apply for authority to do this
work, as prescribed by Section 254, Subsection 1, of the Railway Act, and
further remiss in failing to apply for authority to use the reconstructed bridge,
as prescribed by Section 254, Subsection 5.
I am of the opinion that the City stands to benefit to a great degree by the
proposed new structure, which will allow unrestricted traffic flow to and from
the new industrial sites. I am equally convinced that the present bridge is
not sufficient to afford safe and adequate facilities for all traffic passing under it.
At this point I might mention an accident which occurred at this site in
1952, when a truck was badly damaged while attempting to pass under the
bridge. This was the only instance given to the Board of an accident due to
insufficient clearance. However, the clearances (height and width) of the clear
roadway are extremely limited, and in my opinion, insufficient for present day
traffic.
Counsel for the City mentioned the concern of the City that it should not
be committed to construct this overhead crossing until it knew what the
apportionment of cost would be. The Order of the Board is to be interpreted
as permissive, not mandatory. However, Counsel for the City has assured the
Board that the City will inform the Board within six months of the date of the
Judgment as to whether it intends to proceed with the construction. If it
does not intend to proceed, the Board will rescind the Order.
From evidence submitted, and correspondence on file, there will be no
relocation of the Bell Telephone Company's circuits, or any cost of raising the
Public Utility Commission's power line.
I would allot the cost of construction as follows:
I would, as already stated, authorize the payment from the Railway Grade
Crossing Fund of 50% of the cost of the proposed work, not to exceed the sum
of $55,000.
I would assess against the Canadian National Railways, the amount of
$15,000.
I would assess against the City of Kitchener, the remaining cost.
The cost of maintenance of substructure and superstructure will be borne
by the Railway.
The remaining cost of maintenance will be borne by the City of Kitchener.
An Order will issue.
J. M. WOODARD
I concur:
H. H. Griffin
I concur:
W. R. Irwin
Ottawa, January 20, 1960.
662
ORDER No. 100279
In the matter of the application of the City of Kitchener, Ontario, hereinafter
called the "Applicant", dated April 18, 1958, for the reconstruction of
the subway at the intersection of Wellington Street, Kitchener, Ontario,
and the Canadian National Railways' tracks at mileage 0.22 Bridgeport
Spur, and for a grant from The Railway Grade Crossing Fund:
And in the matter of the apportionment of cost of construction and maintenance
of the said subway:
File No. 48716
Thursday, the 21st day of January, A.D. 1960
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Upon hearing the application at a sittings of the Board held in Kitchener,
Ontario, on December 14 and 15, 1959, in the presence of Counsel for the City
of Kitchener and the Canadian National Railways —
It is hereby ordered as follows:
1. The Applicant is authorized to reconstruct the said subway at the
intersection of Wellington Street and the Canadian National Railways' tracks
in the City of Kitchener, Province of Ontario, mileage 0.22 Bridgeport Spur,
as shown on plan No. C- 18244, dated September 18, 1958, on file with the Board
under file No. 48716.
2. The said subway shall be reconstructed in accordance with the require-
ments of General Order No. 848, and detailed plans showing the layout thereof
shall be submitted for the approval of an Engineer of the Board before recon-
struction is commenced.
3. Fifty per cent of the cost of reconstruction of the said subway, or the
sum of $55,000.00, whichever is the lesser, shall be paid out of The Railway
Grade Crossing Fund, $15,000.00 shall be paid by the Canadian National Rail-
ways, and the balance of the said cost shall be borne and paid by the Applicant.
4. The cost of maintenance of the substructure and superstructure of the
said subway shall be paid by the Canadian National Railways.
5. All other costs of maintenance of the said subway shall be borne and
paid by the Applicant.
6. The leave herein granted is conditional upon the Applicant informing
the Board and the Canadian National Railways within six months from the
date of this Order of its intention to proceed with the work authorized, and
should the Applicant fail to give such notification within the specified period of
time this Order shall be null and void.
H. H. GRIFFIN,
Assistant Chief Commissioner.
663
ORDER No. 100228
In the matter of the application of Canadian Pacific Railway Company for a
licence under section 10 of the Transport Act:
File No. 42076.24
Friday, the 15th day of January, A.D. 1960
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 363 is issued to the Canadian Pacific Railway
Company for a period of one year commencing on the 15th day of January,
1960, licensing the following ships, namely:
Official Gross
Vessel Name Registry No. Tonnage
Assiniboia 125984 3,925
Keewatin 125985 3,856
to transport passengers and/or goods by water between all ports or places in
Canada on Lakes Huron (including Georgian Bay) and Superior, and their
connecting waters.
A. SYLVESTRE,
Deputy Chief Commissioner.
664
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
NOVEMBER, 1959.
Railway Accidents 156 Killed 13 Injured 170
Level Crossing Accidents .... 67 Killed 14 Injured 77
Total 223 27 247
Passengers . .
Employees . .
Others
Total
Killed Injured
— 35
5 128
22 84
27 247
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Prince Edward Island
— 2 Automobile ran into side of train. Licence not given.
Nova Scotia
— 1 Auto truck ran into side of R.D. car. Licence: N.S. C-47189.
— 1 Automobile ran into side of R.C. car. Licence: Ont. 170-393.
New Brunswick
— 2 Auto truck struck by train. Licence: N.B. C- 13995.
— 2 Automobile struck by train. Licence: N.B. 100-889.
Quebec
— 1 Pedestrian struck by train.
— 1 Automobile struck by train. Licence: Que. 250-696.
— 2 Automobile struck by train. Licence: Que. 327-212.
— 4 Automobile struck by train. Licence: Que. 451-002.
— 1 Automobile ran into side of train. Licence: Que. 687-183.
— 1 Auto truck struck by train. Licence: Que. N-27203.
— 5 Auto truck struck by train. Licence: Que. FA-7462.
— 1 Auto truck struck by train. Licence: Que. FH-334.
— 1 Auto truck struck by R.D. car. Licence: Que. FM-1099.
— 1 Automobile ran into side of train. Licence: Que. 419-991.
Ontario
1 — Pedestrian struck by train.
— 2 Automobile ran into side of backing engine. Licence: Ont. P-34165.
— 1 Auto truck struck by train. Licence: Ont. 78552.
2 — Automobile ran into side of train. Licence: Ont. 43344.
1 — Pedestrian struck by train.
— 1 Automobile ran into side of train. Licence: Ont. L-41637.
— 1 Automobile struck by train. Licence: Ont. 54-670-X.
— 1 Auto truck struck by train. Licence: Ont. 44566-D.
— 1 Automobile struck by train. Licence: Ont. 53605-X.
— 1 Automobile ran into side of train. Licence: Ont. 44601.
665
Ontario (Continued)
— 1 Automobile struck by train. Licence: Ont. C-16597.
— 2 Automobile struck by train. Licence: Ont. C-87592.
— 1 Auto truck ran into side of R.D. car. Licence: Ont. 76-243-C.
— 1 Auto truck struck by train. Licence: Ont. 63-224, C.
4 — Automobile struck by train. Licence: Ont. J-9918.
— 1 Automobile struck by train. Licence: Ont. L-54412.
1 — Automobile struck by train. Licence: Ont. 35-596.
1 — Automobile ran into side of train. Licence: Ont. 141-176.
— 1 Automobile struck by train. Licence: Ont. 689-594.
— 1 Automobile struck by train. Licence: Ont. 300-557.
— 1 Automobile struck by train. Licence: Ont. 792-036.
— 1 Automobile struck by train. Licence: Ont. J-39967.
— 1 Automobile ran into side of train. Licence: Ont. J-37892.
— 1 Tractor trailer struck by train. Licence not given.
— 3 Automobile struck by train. Licence: Ont. C-80135.
2 — Automobile struck by train. Licence: Ont. C-83669.
1 — Automobile ran into side of train. Licence: Ont. C-84242.
— 1 Auto truck struck by train. Licence: Ont. 585-100.
— 1 Automobile struck by train. Licence: Ont. L-86241.
— 1 Automobile struck by train. Licence: Ont. 655-206.
— 1 Automobile struck by train. Licence: Ont. 661-096.
— 1 Auto truck struck by train. Licence: Ont. 13026-A.
— 1 Auto truck ran into side of train. Licence: Ont. 37446-B.
— 1 Automobile ran into side of train. Licence: Ont. 675-163.
— 3 Auto truck struck by train. Licence not given.
— 1 Auto transport struck by train. Licence: Ont. 9388-C.
Manitoba
— 1 Automobile struck by train. Licence: Man. 6-E-624.
— 1 Automobile ran into side of train. Licence: Taxi Lie. 623.
— 1 Auto truck ran into side of train. Licence: Man. T-18742.
— 2 Automobile ran into side of train. Licence: Man. 21-F-26.
— 1 Automobile ran into side of train. Licence: Man. 55-A-27.
Saskatchewan
— 1 Automobile ran into side of train. Licence: Sask. 76120.
1 — Automobile struck by train. Licence: Sask. 87-715.
— 1 Automobile struck by train. Licence: Sask. 154-721.
— 1 Automobile struck by train. Licence: Sask. UL-168.
Alberta
— 1 Automobile ran into side of train. Licence: Alta. AT-312.
British Columbia
— 1 Auto truck struck by train. Licence: B.C. C-20353.
— 1 Caterpillar struck by train.
— 2 Auto truck struck by train. Licence: B.C. C-89581.
— 1 Automobile struck by track motor car. Licence not given.
— 1 Automobile ran into side of train. Licence: B.C. 319-062.
— 1 Automobile ran into side of train. Licence: B.C. 84412.
Of the 67 accidents at Highway Crossings, 51 occurred at unprotected crossings,
16 at protected crossings, 41 occurred after sunrise and 26 after sunset.
Ottawa, Ontario, January 20, 1960.
666
SUMMARY OF ORDERS ISSUED BY THE BOARD
100171 Jan. 11-
100172 Jan. 11—
100173 Jan. 11—
100174
100175
100184
100185
Jan. 11-
Jan. 11-
100176 Jan. 11-
100177 Jan. 11-
100178 Jan. 11—
100179 Jan. 11—
100180 Jan. 11-
100181 Jan. 11-
100182 Jan. 11—
100183 Jan. 11—
Jan. 11-
Jan. 11-
100186 Jan. 11-
100187 Jan. 11—
100187 Jan. 11-
100189 Jan. 11-
Amending Order No. 99931 which authorized the Alberta Depart-
ment of Highways to construct Highway No. 43.83 across the N.A.R.
at Mileage 81.84 Edmonton Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Rabastaliere St. in St. Bruno de Montarville,
P.Q., Mileage 62.33 St. Hyacinthe Subd.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 20.1 Lloydminster Subd.,
Sask.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. east of station at Grandview, Man.
Authorizing the C.N.R. to construct a private siding across Barring-
ton St. in Halifax, N.S., Mileage 0.50 Deepwater Branch of Bedford
Subd.
Extending the time within which the C.N.R. are required to install
improved protection at the crossing of their railway and Raglan
St., Renfrew, Ont., Mileage 53.9 Renfrew Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 4 at Brysonville, P.Q., Mileage 42.54 Massena Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Mercier
St. in St. Johns, P.Q., Mileage 24.76 Rouses Point Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Cousins
St. in St. Johns, P.Q., Mileage 24.47 Rouses Point Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 32 at Upton, P.Q., Mileage 26.34 St. Hyacinthe Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway east of Longlac, Ont., Mileage
100.27 Caramat Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Laurier
St., in St. Jean, P.Q., Mileage 24.85 Rouses Point Subd.
Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Highway 24, Mileage 20.52 and at the crossing
of its railway and Howland Ridge Road, Mileage 20.54 Gibson
Subd., at Millville, N.B.
Approving operation of the C.P.R. over the private siding serving
the Consolidated Fruit Company Limited in Lethbridge, Alta.
Authorizing the Manitoba Dept. of Public Works to widen Napinka
Access Road where it crosses the C.P.R. at certain locations in the
Prov. of Manitoba.
Authorizing the removal of the speed limitation at the crossing of
Avenue N. and the C.P.R. in Saskatoon, Sask., Mileage .98 Wilkie
Subd.
Authorizing the removal of the speed limitation at the crossing of
Seventh St. and the C.N.R. in The Pas, Man., Mileage 87.77 Turn-
berry Subd.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. east of the station at Biggar, Sask.,
Mileage 117.64 Asquith Subd.
Authorizing the C.P.R. to operate over the private siding serving
Sutherland Supply Limited, in Winnipeg, Man., Mileage 125.13
Keewatin Subd.
667
100190 Jan. 12 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection at the crossing of their railway and Highway
2-C east of Allenby, P.Q., (formerly Petite Riviere), Mileage 4.80
Lairet Subd.
100191 Jan. 12 — Authorizing the Manitoba Dept. of Public Works to relocate and
widen Highway No. 18 where it crosses the C.N.R. between the
northeast and northwest quarters of Sec. 7, Twp. 7, Rge. 16,
WP.M., Man.
100192 Jan. 12 — Approving tariffs filed by The Nipissing Central Railway Company.
100193 Jan. 12 — Approving proposed liquefied petroleum gas storage facilities of
Superior Propane Limited at Sault Ste. Marie, Ont., Soo Subd.
100194 Jan. 12 — Approving flammable liquid storage facilities of Choiceland Co-
operative Association Limited at Choiceland, Sask., Whitefox Subd.
100195 Jan. 12 — Approving flammable liquid storage facilities of Stewart Davis Oils
Limited at Lethbridge, Alta., Taber Subd., C.P.R.
100196 Jan. 12 — Authorizing the Quebec Department of Roads to divert Highway
No. 51 to permit the elimination of existing crossing of the highway
and the C.N.R. at Mileages 27.63 and 28.72 Glendyne Subd., Parish
of St. Marc du Lac Long, Co. Temiscouata, P.Q.
100197 Jan. 12 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. west of Alderdale, Ont., Mileage 43.52
Alderdale Subd.
100198 Jan. 12 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 2 at Cataraqui, Ont., Mileage 176.29 Gananoque Subd.
100199 Jan. 12 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Leduc
Boulevard, Town of Montreal North, P.Q., Mileage 33.00 l'Assomp-
tion Subd.
Approving flammable liquid storage facilities of Great West Dis-
tributors Limited at Tilley, Alberta.
Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Montague Centre
Rural Telephone Company Limited.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Frontenac
St., St. Johns, P.Q., Mileage 25.00 Rouses Point Subd.
Approving the protection as installed at crossing of the C.N.R. and
the Sudbury-Garson Road, Ont., Mileage 115.7 Sudbury Subd.
Approving tho protection as installed at the crossing of the C.N.R.
and Highway No. 16 (Petite Society Road) in Jonquiere, P.Q.
Authorizing the Quebec Dept. of Roads to construct a subway at
the crossing of Highway No. 9 and the main line of the C.N.R. at
Mileage 40.3 St. Hyacinthe Subd., and Mileage 126.7 Drummondville
Subd.
100206 Jan. 13 — Extending the time within which the Sydney and Louisburg Rly.
Co. is required to install flashing light signals at crossing of its
railway and Maddens Crossing, west of station at New Waterford,
N.S.
100207 Jan. 13 — Approving plan submitted by the C.N.R. showing the protection as
installed at crossing of their railway and St. Leger St., Kitchener,
Ont., Mileage 62.26 Brampton Subd.
100208 Jan. 13 — Requiring the C.N.R. to install automatic protection at crossing of
their railway and Dundas St., in Tansley, Ont., Mileage 5.34 Milton
Subd.
100209 Jan. 13 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
100200 Jan. 12—
100201 Jan. 13—
100202 Jan. 13—
100203 Jan. 13—
100204 Jan. 13—
100205 Jan. 13—
668
100210 Jan. 13 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100211 Jan. 14 — Approving proposed facilities of the Meacham Co-Opertaive Associ-
ation for the handling of flammable liquids at Meacham, Sask.,
Mileage 23.97 Cudworth Subd., C.N.R.
100212 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. east of Gogama, Ont., Mileage 86.54
Ruel Subd.
100213 Jan. 14 — Approving flammable liquid storage facilities of Rochester and
Pittsburgh Coal Company at Welland, Ont., Main Line and Fort
Erie Subd.
100214 Jan. 14 — Authorizing the County of Welland, Ont., to widen County Road
No. 9 (Broadway Avenue) where it crosses the N.Y.C. Railroad Co.
in the Twp. of Crowland, Ont., Mileage 15.1 Main Line Subd.
100215 Jan. 14 — Amending Order No. 95695, which authorized the installation of
protection at the crossing of Brookdale Avenue (Highway No. 2)
and the C.N.R. in the City of Cornwall, Ont., Mileage 68.53 Cornwall
Subd.
100216 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 10 in Chipman, N.B., Mileage 45.26
Minto Subd.
100217 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 5.2 Rapid City Subd., Man.
100218 Jan. 14 — Approving proposed flammable liquid storage facilities of Canadian
Oil Companies Limited at Ste. Anne de la Pocatiere, P.Q., Mileage
41.09 Montmagny Subd.
100219 Jan. 14 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 27.84 Three Hills Subd., Alta.
100220 Jan. 14 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Bluffton, Alta., Hoadley Subd.
100221 Jan. 14 — Approving proposed flammable liquid storage facilities of the British
American Oil Company Limited at Assiniboia, Sask., C.P.R.
100222 Jan. 14 — Approving proposed flammable liquid storage facilities of Diamond
Mills Limited at Avola, B.C., C.N.R.
100223 Jan. 14 — Approving flammable liquid storage facilities of Canadian Oil Com-
panies Limited at Chapleau, Ont., Mileage 0.00 White River Subd.,
C.P.R.
100224 Jan. 14 — Requiring the C.N.R. to install flashing light signals and bell in lieu
of the existing signals at crossing of their railway and Highway
No. 2 east of Deschambault, P.Q., Mileage 32.34 La Tuque Subd.
100225 Jan. 15— Amending Order No. 100078, which authorized the City of Montreal,
P.Q., to construct Darlington Ave. and Canora Road (Wilderton
Ave.) across the C.P.R. at Mileages 48.63 and 48.81 respectively,
Adirondack Subd.
100226 Jan. 15 — Authorizing the C.N.R. to remove the two flashing light signals at
the crossing of their railway and Mara St. in Beaverton East, Ont.,
Mileage 22.64 Midland Subd.
100227 Jan. 15 — Authorizing the N.Y.C. Railroad Co. to abandon operation of its
St. Clair Branch from St. Clair Junction to Courtright, Ont., includ-
ing the segment between Petrolia and Petrolia Jet., and between Oil
City and Eddy's Station.
100228 Jan. 15 — Authorizing the issuance of a licence to the C.P.R. under Section 10
of the Transport Act.
100229 Jan. 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Watts, Alta., Mileage 7.42 Drumheller
Subd.
669
100230 Jan. 15 — Authorizing the C.N.R. to install signals on their Alexandria Subd.,
except the interlocked territory at De Beaujeau Crossing of the
C.P.R.
100231 Jan. 15 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. east of Yamachiche, P.Q., Mileage 67.43
Trois Rivieres Subd.
100232 Jan. 18 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100233 Jan. 18 — Approving proposed flammable liquid storage facilities of Wadena
Co-Operative Association Limited, at Wadena, Sask., Mileage 86.7
Margo Subd., C.N.R.
100234 Jan. 18 — Authorizing the C.P.R. to remove the Caretaker-Agent at St.
Simon, P.Q.
100235 Jan. 18 — Authorizing the Esquimalt and Nanaimo Rly. Co. (C.P.R.) to remove
the Express Agent at Wellington Station, B.C.
100236 Jan. 18 — Approving clearances on the tracks of the Shawinigan Falls
Terminal Rly. serving the Consolidated Paper Corporation Limited,
P.Q., at Mileages 20.43 and 20.48 St. Maurice Valley Subd., C.P.R.
100237 Jan. 18 — Authorizing the Quebec North Shore and Labrador Rly. Co. to
install signal changes between certain mileages on its Wacouna and
Menihek Subds., Nfld.
100238 Jan. 18 — Authorizing the Alberta Dept. of Highways to widen the highway
where it crosses the Northern Alberta Railways Co. at Mileage 12.98
Grande Prairie Subd.
100239 Jan. 18 — Approving flammable liquid storage facilities of the British Ameri-
can Oil Company Limited at Drumheller Alta., C.N.R.
100240 Jan. 18 — Authorizing the removal of the speed limitation at the crossing of
Provincial Hwy. No. 2 and the C.P.R. at Mileage 16.7 Estevan Subd.,
Man.
100241 Jan. 18 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Oak Lake, Man., C.P.R.
100242 Jan. 19 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
100243 Jan. 19 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Howick, P.Q., C.N.R.
100244 Jan. 19 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Golden, B.C., C.P.R.
100245 Jan. 19 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Neepawa, Man., C.N.R.
100246 Jan. 19 — Approving flammable liquid storage facilities of the Wilton Co-
operative Association Limited, at Lashburn, Sask., C.N.R.
100247 Jan. 19 — Approving changes in the approach track circuits of the protection
at crossing of the C.N.R. and Main St. in Amos, P.Q.
100248 Jan. 19 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 69 across the C.N.R. by means of an overhead bridge in the
Twp. of MacDougall, north of Parry Sound, Mileage 4.66 Sudbury
Subd.
100249 Jan. 20 — Amending Order No. 99862 in the matter of changes in rate group-
ings of certain telephone exchanges of the British Columbia Tele-
phone Company.
100250 Jan. 20 — Rescinding Order No. 63894 which approved facilities of Canadian
Oil Companies Limited for the handling and storage of flammable
liquids near the right of way of the Niagara, St. Catharines and
Toronto Rly. Co. in St. Catharines, Ont.
100251 Jan. 20 — Approving revisions to tariffs filed by the Algoma Central and
Hudson Bay Rly. Co.
100252 Jan. 20 — Dismissing application of the C.N.R. for authority to close their
agency station at Delmas, Sask.
670
100253 Jan. 20 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and County
Road No. 23, at Bainsville, Ont., Mileage 48.71 Cornwall Subd.
100254 Jan. 20 — Approving the protection as installed at crossing of the C.N.R. and
Notre Dame St., in St. Felicien, P.Q., Mileage 29.40 Roberval Subd.
100255 Jan. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and St. Leon St., in Drummondville, P.Q., Mileage 98.72
Drummondville Subd.
100256 Jan. 20 — Approving tolls published in tariffs filed by the C.P.R. under Sec-
tion 8 of the Maritime Freight Rates Act.
100257 Jan. 20 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 34 where it crosses the C.N.R. at Mileage 3.37 Neepawa Subd.
100258 Jan. 20 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 across the Chesapeake and Ohio Railway Company by
means of an overhead bridge at Mileage 13.98 No. 2 Subd.
100259 Jan. 20 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 27.31 Orangeville Subd., near Caledon, Ont.
100260 Jan. 20 — Authorizing the C.N.R. to operate over the subway at Greenwood
Ave. in the City of Toronto, Ont., Mileage 330.27 Oshawa Subd.
100261 Jan. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Avenue N. in Saskatoon, Sask., Mileage 0.98 Wilkie
Subd.
100262 Jan. 20 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and Highway No. 4, Mileage 82.88 Shaunavon Subd.,
Sask.
100263 Jan. 20 — Authorizing the removal of the speed limitation at crossing of the
C.P.R. and Martindale Road in Sudbury, Ont., Mileage 1.56 Webb-
wood Subd.
100264 Jan. 20 — Extending the time within which the C.N.R. are required to install
automatic protection at crossing of their railway and Highway No. 4
in Gladstone, Man., Mileage 90.97 Gladstone Subd.
100265 Jan. 20 — Authorizing the C.P.R. to construct a private siding to serve Canada
Safeway Limited across King Edward St. in St. James, Man.
100266 Jan. 20 — Authorizing the removal of the speed limitation at the crossing of
Range No. 7 and the C.N.R. east of the station at St. Germain, P.Q.,
Mileage 102.72 Drumheller Subd.
100267 Jan. 20 — Approving tolls published in tariffs filed by the C.P.R. under Sec-
tion 8 of the Maritime Freight Rates Act.
100268 Jan. 20 — Amending Order No. 97617, re apportionment of cost of improving
the approach grade on the north side of the crossing of the highway
between the Twps. of Asphodel and Otonabee and the C.N.R.,
Mileage 48.57 Campbellford Subd.
100269 Jan. 20 — Requiring the N.Y.C. Railroad Company to install flashing light
signals, short arm gates and bell in lieu of the existing signals at
crossing of their railway and Middle Road, Highway No. 73, about
two miles north of Aylmer, Ont.
100270 Jan. 20 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Vibank, Sask., Mileage 61.9 Glenavon Subd., C.N.R.
100271 Jan. 20 — Approving proposed flammable liquid storage facilities of the C.N.R.
at Longue Pointe, P.Q., Longue Pointe Subd.
100272 Jan. 20 — Approving flammable liquid storage facilities of Tank Car Service
Station at London, Ont., Mileage 113.56 Gait Subd., C.P.R.
100273 Jan. 20 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada, Limited, at Princeton, B.C., C.P.R.
100274 Jan. 20— Approving flammable liquid storage facilities of Imperial Oil
Limited at Stettler, Alta., Lacombe Subd., C.P.R.
671
100275 Jan. 20-
100276 Jan. 20-
100277 Jan. 21—
100278 Jan. 21-
100279 Jan. 21-
100280
100281
100282
100283
100284
100285
100286
Jan. 21-
Jan. 21-
Jan. 21-
Jan. 21-
Jan. 21-
Jan. 21-
Jan. 21-
100287 Jan. 21-
100288 Jan. 21-
100289 Jan. 21—
Authorizing the removal of the speed limitation at the crossing of
Highway No. 15 and the C.N.R. west of La Malbaie, P.Q., Mileage
87.10 Murray Bay Subd.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Hurkett, Ont., Mileage 80.38 Nipigon
Subd.
Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Riverside Drive, Ottawa, Ont., Mileage 133.75
Alexandria Subd.
Authorizing the C.N.R. to remove the two flashing light signals and
bell at crossing of their railway and Highway No. 12 near Upter-
grove, Ont., Mileage 37.9 Midland Subd.
Authorizing the City of Kitchener to reconstruct the subway at the
intersection of Wellington St., and the C.N.R. in Kitchener, Ont.,
Mileage 0.22 Bridgeport Spur.
Approving flammable liquid storage facilities of Imperial Oil
Limited at Leask, Sask., Mileage 49.52 Blaine Lake Subd.
Authorizing the City of St. Hyacinthe, P.Q., to construct Bourassa
St. across the C.N.R., at Mileage 0.28 St. Judes Subd.
Authorizing the C.P.R. to remove the Caretaker at Wolfe Station,
Sask.
Authorizing the C.P.R. to close as an agency their station at Rush
Lake, Sask.
Authorizing the N.A.R. Co. to remove the station agent at Clair-
mont, Alta.
Authorizing Mid-Continent Pipelines Limited to open for the trans-
portation of natural gas a portion of its company pipe line in Sask.
Authorizing the removal of the speed limitation at the crossing of
Provincial Highway No. 55 and the C.N.R. north of Chambord
Station, P.Q., Mileage 68.65 Jonquiere Subd.
Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and County
Road No. 2, County of Halton, Ont., Mileage 25.67 Oakville Subd.
Approving revised Appendix to Supplements to Traffic Agreement
between The Bell Telephone Company of Canada and The Corp.
of the Township of Maidstone.
Authorizing the Municipal District of Sturgeon River No. 90 to
construct the highway across the C.N.R. at Mileage 14.8 Sangudo
Subd., Alta.
The Queen's Printer and Controller of Stationery, Ottawa, 1960
&f)e poarb of
QLvmxpovt Commissioners; for Canada
Judgments, Orders, Regulations and Rulings
Vol. XLIX
OTTAWA, MARCH 1. 1960
No. 23
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
In the matter of the application of the Canadian National Railways dated
December 15, 1958, for an Order approving the extension of a track
circuit and the installation of short arm gates to provide for full auto-
matic operation of the protection and to eliminate the manual control
H. J. G. Pye, for the Canadian National Railways.
H. M. Howe, M.P., Wellington-Huron.
George A. Wright, Mayor, Palmerston.
H. Latsch,
R. G. Bridge, r Councillors, Palmerston.
G. Thuell, j
Irwin, Commissioner.
The Canadian National Railways, leaving Palmerston on the Owen Sound
Subdivision, runs in a northerly direction. At mileage 0.20, it crosses Main
Street, which is on Highway No. 23 which runs approximately east and west.
There are three tracks at the crossing, a main track and two side tracks east
of the main track: a switch lead track and a shed lead track. The view to the
north of Main Street is obstructed by buildings close to Main Street and only
thirty feet from the tracks in the east quadrant and fifty feet from the tracks
Authorized as Second Class Mail, Post Office Department, Ottawa.
Before:
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Appearancess:
JUDGMENT
673
81421-0—1
674
in the west quadrant. The view to the south or station side of the crossing is
good. Evidence submitted by Canadian National Railways indicated that a
48-hour traffic count made on two week days during November 1957 showed
approximately 4,000 vehicular and 1,000 pedestrian crossings. On an average
week day there would be 26 train movements and 20 to 35 switching move-
ments over the crossing.
The main business section of Palmerston is on Main Street west of the
crossing and the west residential section is divided by Main Street. East of the
railway is largely residential. There are two schools in the southeast quadrant,
a Public School about 850 feet from Main Street and a High School a block
further east and a block closer to Main Street.
There is an overhead pedestrian crossing 850 feet from Main Street, near
the station. This bridge was built in accordance with Board Order 14164 dated
June 24, 1911. The Canadian National Railways paid for the construction with
the exception of a grant of 20% of the cost from The Railway Grade Crossing
Fund. It is maintained and kept free of snow and ice by the Canadian National
Railways. It is in excellent condition. From statements at the Hearing, and
from observation by Board Members during the noon recess on the day of the
Hearing, it would appear that the majority of the High School students and
about half the Public School pupils use the Main Street crossing.
By Board Order 27768, October 9, 1918, provision was made for a watchman
to protect the crossing between the hours of 7.30 a.m. to 9.30 p.m. At present
this period has been extended to 10.30 p.ni. By Board Order 65195 of August 29,
1944, further protection of two flashing lights and a bell were added at the
crossing. Costs of installation and of maintenance and operation were appor-
tioned equally between the Town and the Canadian National Railways. The cost
of the watchmen, $6,700 annually, is borne by the Canadian National Railways.
Under the present system the flashing lights and bell are manually con-
trolled while the watchman is on duty. When he is off duty the protection is
made automatic by throwing a switch. There are 250 foot track circuits on
the main line and short ones of a few feet on the side tracks to give automatic
protection. There is no advance warning as far as side track operation is
concerned until the train has proceeded onto the crossing. All trains are under
a speed restriction of five miles per hour.
The watchman, depending on visual warning, stands on either the east
or west side of the tracks, and controls traffic over the crossing on Main Street
by use of the manually operated signals and by a flag by day and a lantern at
night. He operates from a small building just west of the main tracks. While a
train is passing, the watchman's view of traffic approaching on the opposite
side of the tracks is usually completely obstructed.
On December 15, 1958, Canadian National Railways applied to the Board
of Transport Commissioners proposing:
1. To eliminate the crossing watchman from the operation of the protection
on the side tracks as well as the main line.
2. To lengthen the track circuits on the side tracks to 50 feet from the edge
of the roadway on each side of the crossing.
3. Trains on the side tracks would be required to stop before reaching the
crossing.
4. The speed restriction of five miles an hour, at present in effect on the
main line, to be maintained.
The Board's Engineers, after inspecting the crossing, recommended the
following additions:
675
L To add short arm gates on each side of the crossing supplementary to
the existing flashing lights and bell.
2. Side track protection to be operated from the track circuits or from a
push button located near the 50 ft. mark on each side of the crossing.
Through the push button control the gates may be raised or lowered
by a member of the train crew.
3. Train crews to be instructed that the train must not enter the crossing
until the gates are actually down.
Canadian National Railways have agreed to include these recommendations.
Canadian National Railways urge these changes on two main counts:
1. That the proposed method offers greater protection than the one at
present in effect.
In support of this claim they advanced the following arguments:
(a) Replacing the watchman by automatic controls reduced the chances
of human failure.
(b) Reports of statistical surveys by the Association of American Railroads
in 1956 and 1958 indicated three times as many accidents where watch-
men were on duty as at crossings protected by flashing lights and bells
with short arm gates.
(c) The 1954 Report of the Board of Transport Commissioners on the
Railway-Highway Crossing Problem rated flashing lights and bell with
short arm gates as the most effective form of automatic protection,
2. A considerable saving would be effected. Present watchmen's salaries,
$6,700 annualy, would be saved. Annual maintenance and operation
charges would rise from $501 to an estimated $780.
At the Hearing, the Town of Palmerston represented by Mr. H. M. Howe,
Member of Parliament for Wellington-Huron, and a former long-time resident
of the Town, and Mayor George Wright with three Councillors objected to the
proposed change on the following grounds:
1. The present form of protection had always operated satisfactorily.
2. They were genuinely concerned over possible danger under the proposed
form of protection, particularly to school children, who used the crossing
a great deal, and to elderly people. They feared the result of removing
the personal supervision of a watchman and relying on automatic
controls.
3. They believed that automatic controls would lead to vehicular jams on
Main Street during switching movements, pointing out that the watch-
man was frequently able to move delayed traffic by observing train
movements and maintaining contact with train crews.
4. They feared the results of mechanical failure of automatic controls.
5. They doubted that there would be any great saving through the change
and produced figures designed to show that the time lost by train crews
at the crossing during switching movements would largely offset the
salaries of the watchmen. (Mr. Easton, Superintendent of the Stratford
Division, Canadian National Railways, did not agree with either these
figures, or the conclusion.)
6. Removal of the watchman would deprive two (and to some extent a
third) employees of employment.
In view of the highly restricted view to the north of this crossing and of
the amount and character of movement over the crossing, I find there is sufficient
hazard to warrant the most effective form of protection. Protection by watchman
81421-0— li
676
is subject to human failure and is not fully effective while a train is passing
over the crossing or during near-simultaneous movements of trains. The pro-
tection proposed by the Canadian National Railways, when it includes the
recommendations of the Board's Engineers, answers the objections put forward
by the Town of Palmerston. It should be noted that the automatic protection
is designed on the fail-safe principle.
While no form of protection can be considered accident-proof, I am
satisfied that the proposed protection is the most effective form under the
circumstances pertaining. I quote from the Board's 1954 Report on the Railway-
Highway Crossing Problem in Canada at page 34: "Where the railway is
double-tracked at crossings the most effective form of automatic signal pro-
tection is by short arm gates and flashing lights." The proposed protection will
reduce to a minimum the hazard of human failure and will be fully effective
throughout the 24-hour period. It will also enable the Railway Company to
effect a considerable saving.
I would authorize a contribution from The Railway Grade Crossing Fund
of 80% of the cost of installation of the proposed protection, such contribution
not to exceed $14,080, the balance of such cost to be borne by Canadian
National Railways. The cost of maintenance and operation of the protection
installed will be divided equally between the Canadian National Railways and
the Town of Palmerston.
The application is granted.
Order will go accordingly.
W. R. IRWIN.
I concur:
H. H. Griffin
I concur:
J. M. Woodard
Ottawa, January 25, 1960.
677
ORDER No. 100334
In the matter of the application of the Canadian National Railways, dated
December 15, 1958, for an Order approving the extension of a track
circuit and the installation of short arm gates to provide for full automatic
operation of the protection and to eliminate the manual control at the
Main Street crossing, Palmerston, Ontario, mileage 0.20 Owen Sound
Subdivision:
File No. 6854
Thursday, the 28th day of January, A.D. 1960
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Upon hearing the application at a sittings of the Board held in Palmerston,
Ontario, on December 16, 1959, in the presence of Mr. H. M. Howe, M.P., and
in the presence of Counsel for the Canadian National Railways and representa-
tives of the Town of Palmerston —
It is hereby ordered as follows:
1. The Canadian National Railways are authorized to make changes in the
protection installed at the crossing of their railway and Main Street, Palmerston,
Ontario, mileage 0.20 Owen Sound Subdivision, by adding a short arm gate to
each signal mast and by lengthening the track circuits on the side tracks to
fifty feet from the edge of the highway on both sides of the said crossing.
2. The said protection shall be installed in accordance with the provisions
of General Orders Nos. 811 and 830.
3. A detailed plan showing the layout of the said protection shall be
submitted for the approval of an Engineer of the Board.
4. Eighty per cent of the cost of making the said changes, or the sum of
$14,080.00, whichever is the lesser, shall be paid out of The Railway Grade
Crossing Fund and the balance of the said cost shall be borne and paid by the
Canadian National Railways.
5. The cost of maintenance and operation of the said protection shall be
borne and paid fifty per cent by the Town of Palmerston and fifty per cent
by the Canadian National Railways.
6. The watchman shall not be removed from duty at the said crossing until
the said changes have been completed and placed in service and an inspection
made by one of the Board's Engineers and the changes approved.
7. Order No. 75930, dated January 23, 1951, is rescinded.
8. No engine, car or train shall move over the said crossing on the side
tracks until it has been brought to a stop and a member of the train crew has
ascertained that the gates are down.
H. H. GRIFFIN,
Assistant Chief Commissioner.
678
In the matter of the application of the Canadian National Railway Company,
dated March 23, 1959, for an Order granting leave to discontinue pas-
senger service provided by trains 81 and 82, running between St-
Eustache, P.Q., and Hawkesbury, Ontario, and trains 83, 84 and 85,
running between Montreal, P.Q., and Hawkesbury, Ontario.
File No. 16939.12
Heard at Hawkesbury, Ontario, November 9 and 10, 1959.
Before:
A. Sylvestre, Q.C., Deputy Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Appearances:
E. D. Angers, for Canadian National Railway Company.
J. O. Latour, M.P., Argenteuil-Deux Montagnes County, repre-
senting: the Village of St. Eustache-sur-le-Lac, the Parish of
St. Eustache-sur-le-Lac, the Village of St. Benoit, the Parish
of St. Benoit, the Village of St. Placide, the Parish of St.
Placide, the Village of St. Andre, the Parish of St. Andre, the
Parish of St. Philippe for the sectors of Greece's Point and
Grenville.
Rev. W. Harold Reid, St. Andrews East, in person.
F. W. Allmen, Carillon, in person.
L. J. Porter, representing Village of St. Andrews East.
Paul Labreche, representing Village of St. Andrews East, and
Chairman, Ottawa River Development Association.
Rosaire Gascon, Mayor, Hawkesbury.
F. W. Whitehead, representing Chamber of Commerce, St. Andrews
East.
D. E. Watt, Fresniere, in person.
Mrs. F. A. Hungerbuhler, St. Andrews East, in person.
Mrs. Antoine Pare, St. Andrews East, in person.
Pierre Dupre, St. Andrews East, in person.
R. C. Eaton, St. Andrews East, in person.
Mrs. H. D. Simpson, St. Andrews East, in person.
R R. Davidson^ j st Andrews East in person.
Mrs. Lucille Davidson,
JUDGMENT
Woodard, Commissioner:
By their application dated March 23, 1959, which was heard in Hawkesbury,
Ontario, on November 9 and 10, 1959, the Canadian National Railways requested
the granting of authority to make changes in their passenger service which
would eliminate all such service between St. Eustache, P.Q., and Hawkesbury,
Ontario.
679
Present Passenger Service Between Montreal and Hawkesbury:
Under the present schedules in effect, the area between St. Eustache and
Hawkesbury is serviced by the following trains:
Train No. 82 — Daily except Sunday.
Leave Hawkesbury 6.35 A.M. — Arrive Montreal 8.50 A.M.
Train No. 81 — Daily except Saturday and Sunday.
Leave Montreal 5.38 P.M. — Arrive Hawkesbury 7.55 P.M.
Train No. 85 — Saturday Only.
Leave Montreal 1.50 P.M. — Arrive Hawkesbury 4.05 P.M.
Train No. 84 — Sunday Only.
Leave Hawkesbury 7.35 P.M. — Arrive Montreal 9.45 P.M.
Train No. 83— Sunday Only.
Leave Montreal 10.05 A.M. — Arrive Hawkesbury 12.05 P.M.
These trains consist of conventional equipment, hauled by diesel electric
units.
Express and mail are carried and handled en route.
Proposed Passenger Service Between Montreal and St. Eustache Only:
Train No. 82 — Daily except Saturday and Sunday.
Leave St. Eustache 8.00 A.M. — Arrive Montreal 8.50 A.M.
Train No. 81 — Daily except Saturday and Sunday.
Leave Montreal 5.38 P.M.— Arrive St. Eustache 6.30 P.M.
All daily and week-end service between St. Eustache and
Hawkesbury to be cancelled.
All week-end service (Trains 83, 84 and 85) between Montreal
and St. Eustache to be cancelled.
Proposed Highway Express Service:
Express services throughout this area would, under the Railways' proposal,
be handled by highway truck leaving Montreal at 8.30 A.M., proceeding directly
to Hawkesbury, and arriving there at 10.30 A.M. It would leave Hawkesbury at
10.45 A.M. and perform local service along the north shore en route to Montreal,
arriving Montreal at 5.15 P.M. This would be a six-day s-a- week service, Monday
to Saturday inclusive, and in the opinion of the Railways, superior to that
presently offered by rail.
Proposed Mail Service:
No evidence was submitted as to any alternative method of handling mail,
other than opinions stated by Company witnesses that a satisfactory alternative
service would be provided.
Proposed Highway Passenger Service:
An exhibit was filed by Mr. Duhamel, owner of Duhamel Bus Lines,
showing proposed bus schedules which he was prepared to put into effect
should the Railways' application be granted. This exhibit is reproduced herein,
and provides in effect, two round trips per day between Montreal and Hawkes-
bury. I shall comment on this proposal later in my Judgment.
680
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681
Revenues and Expenses:
The Canadian National Railways stated that their decision to apply for the
cancellation of service between St. Eustache and Hawkesbury was arrived at
because of the decline of patronge on the line in question. It is 17 miles from
Montreal to St. Eustache and 37.5 miles from St. Eustache to Hawkesbury.
Their Exhibit No. 4, as filed with the Board, shows that out of a total of
$124,759 in passenger revenues for the 12-month period ending September,
1959, $106,370 was derived from the Montreal-St. Eustache section, and $18,389
from the St. Eustache-Hawkesbury section. St. Eustache is within the commuter
area of Montreal, and trains are heavily patronized by morning and evening
commuters. This was substantiated by Exhibit No. 5 which revealed that 94%
of the patrons were entraining or detraining at stations on the Montreal-St.
Eustache section of the line, and only 6% on the St. Eustache-Hawkesbury
section.
Mail revenue from the present service was estimated at $935.
No estimate of express revenue was given during the course of the hearing,
but on my request for this information, the Railways prepared an analysis of
express revenues Montreal to Hawkesbury for the months of November and
December 1959, including both local and off-line shipments. This analysis
resulted in an estimate of express revenues earned by these trains between
Montreal and Hawkesbury amounting to $16,600 per annum.
To sum up the total estimated revenues:
Passenger revenues $124,760 (Exhibit No. 4)
Express revenues 16,600
Mail revenues 935 (Exhibit No. 12)
Total $142,295
To show the out-of-pocket costs of operation for the 12-month period
ending September 30, 1959, the Railways filed with the Board, Exhibit No. 11,
reproduced herewith.
"EXHIBIT No. 11
Canadian National Railways
OUT-OF-POCKET COST OF OPERATING TRAINS 81, 82, 83, 84 AND
85 BETWEEN MONTREAL AND HAWKESBURY IN THE TWELVE
MONTHS ENDING SEPTEMBER 30, 1959
Wages of enginemen and trainmen $ 50,945
Fuel ; 7,370
Train supplies and expenses 11,010
Lubricants and locomotive supplies 665
Enginehouse expense 2,465
Locomotive repairs 7,410
Car repairs 22,460
Maintenance of way and structures 11,435
Cost of hauling O.C.S. material 2,390
Pension, unemployment insurance, Workmen's compensation,
etc 7,305
Interest and depreciation on locomotive and steam generator
car 16,500
$139,955
Hauling car equipment through Mt. Royal Tunnel with elec-
tric locomotive 7,280
$147,235
81421-0—2
682
Canadian National Railways,
October 26, 1959."
With this cost of operation of $147,235, the revenues fall short of meeting
the out-of-pocket cost of operation by $4,940.
In addition to the above, the Railways also filed with the Board, Exhibit
No. 12, reproduced herewith, which shows the estimated annual net betterment
which would be expected should the application be granted.
"EXHIBIT No. 12
Canadian National Railways
ESTIMATED ANNUAL NET BETTERMENT RESULTING FROM
DISCONTINUANCE OF RAIL PASSENGER SERVICE BETWEEN
ST. EUSTACHE AND HAWKESBURY, AND FROM CANCELLATION
OF TRAINS 82, 83, 84 AND 85 ON SATURDAYS AND SUNDAYS
BETWEEN MONTREAL AND HAWKESBURY
Present
Annual cost of operating Trains 81, 82, 83, 84 and 85
between Montreal and Hawkesbury $147,235
Proposed
Annual cost of operating Trains 81-82 between
Montreal and St. Eustache only, Monday through
Friday $61,190
Substitute highway express service between Mont-
real and Hawkesbury, Monday through Saturday 11,230
Estimated Loss of passenger revenue 31,150
Estimated Loss of mail revenue 935 104,505
Annual Net Betterment $ 42,730
Canadian National Railways,
October 26, 1959."
Findings and Determination
This application was strenuously opposed by the municipalities, towns and
villages in the area, both in the form of written briefs to the Board, and in
personal representations at the hearing. Particularly strong opposition was
raised at the hearing by a group of women of the area, who, while agreeing
with their male counterparts to some extent, that the service was not of the
best type, due to slow and inconvenient schedules, were mainly concerned that
the service be maintained in some form or another, so that their last railway
passenger link with Montreal would not be cut off entirely.
All of those making representations in opposition to this application were
very optimistic of the future expansion of their area, particularly in view of the
Carillon Hydro Electric Development on the Ottawa River, and the Ville Marie
and St. Benoit land development schemes.
The proposed bus service offered by Duhamel Bus Lines, as an alternative
service, was considered by the residents of the area as being impractical and
impossible of maintenance under adverse weather conditions. While this area
contains a fairly extensive network of highways, they are in the main, secondary
roads, not fit for maintaining high-speed bus schedules, and in the opinion of
the residents, to a great degree rendered impassable during winter snowstorms.
The residents were doubtful that the bus line could furnish a year-round service
that would be satisfactory, or comparable to that now being rendered by the
Railways.
683
In the discontinuance of passenger train service such as this, the principal
factors to be considered are (1) the effect on railway operating revenues and
expenses, and (2) the convenience of the public.
In connection with (1), the Railways have produced evidence which shows
that their net operating loss is approximately $5,000 per annum, and further
evidence that, should the application be granted, their annual net betterment
would be in excess of $42,000.
The net annual betterment of $42,000 reflects the proposed discontinuance
of an unprofitable part of the service between St. Eustache and Hawkesbury,
and the retention of a profitable part between Montreal and St. Eustache.
While betterment based on divorcement of part of a service may be a factor in
considering discontinuance of passenger service, I am of the opinion that it
should not be the only consideration. An important consideration in this case is,
in my opinion, that the existing service produces a revenue of some $142,000 in
relation to out-of-pocket expenses of some $147,000 per annum. The difference
between these two figures represents an out-of-pocket loss of $5,000 per annum,
which could be overcome by a small increase in revenue and/or a small decrease
in expenses.
In connection with (2), the question of alternative services must be con-
sidered. While I am satisfied that the proposed highway express service would
be satisfactory, and have no doubt that the Post Office Department could arrange
for postal delivery, I am not satisfied that the proposed bus service would be by
any means satisfactory for the needs of the people in the area. Road conditions
and winter weather conditions in the area are factors which weigh heavily in
my estimation as to whether or not the proposed service by highway bus is
feasible, inasmuch as this service is not in operation at present, nor has such
service been in operation and found satisfactory in all seasons of the year.
I can only conclude therefore, that the public would suffer considerable incon-
venience if required to depend on this alternative method of transportation to
and from their homes and the City of Montreal.
On the basis of the evidence submitted, the loss and inconvenience to the
public outweighs the burden that continuance of operation of these trains may
impose upon Canadian National Railways, and I would therefore dismiss the
application.
J. M. WOODARD
I concur:
A. Sylvestre
I concur:
W. R. Irwin
Ottawa, February 4, 1960.
81421-0— 2|
684
In the matter of reflective markings on the sides of railway cars and in the
matter of Order No. 97788, dated May 1, 1959.
File No. 45463
Rod. Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
SUPPLEMENTARY JUDGMENT
By the Board:
The Judgment herein, dated May 1, 1959, upon which the said Order
No. 97788 was issued, contains the following paragraphs:
"Canadian Pacific has approximately 88,500 freight cars, of which
about 60% are box cars. The company buys about 3,000 new cars each year
and repaints about 10,000.
Canadian National has about 106,000 freight cars, of which 65% are
box cars. The Company buys about 3,100 new cars each year and repaints
about 11,000."
In making its Order No. 97788 the Board assumed, incorrectly as now
appears, that Canadian National and Canadian Pacific would each purchase
approximately 3,000 new cars of all types in each of the years 1959 and 1960,
the majority of which would be box cars and the Order was designed to result
in the marking of such new box cars and a similar number of old box cars within
the period May X, 1959, to December 31, 1960.
The marking programme did not get under way until the second half of
1959. By letter dated June 19, 1959, Canadian Pacific informed the Board that
it was purchasing 1,500 box cars in 1959 and would endeavour to place the
markings on as many new cars as possible before they were released from the
car builders' plants and, in addition, would mark at its own shops and repair
tracks a sufficient number of cars to make up a total of 3,000 cars before the
end of 1959. The Board approved Canadian Pacific's programme by letter dated
July 3, 1959.
By letter dated August 4, 1959, Canadian National informed the Board that
in 1959 it expected to accept delivery of 200 heated box cars during September
and October and had accepted delivery of (50) fifty 75-foot auto transporters
and (75) seventy-five 57-foot auto transporters, the delivery of the 50 being
completed by April 30 and the 75 during May; and that, on receiving the
Board's approval, it would arrange to have "Scotchlite" reflective discs applied
to the 200 box cars to be delivered during September and October and in so
far as possible arrange to have plastic reflectors applied to the 75 auto trans-
porters delivered during May and, in addition, would apply plastic reflectors in
its own shops and repair tracks to at least a further 275 box cars.
By letter dated August 17, 1959, the Board authorized Canadian National
to proceed with the application of reflective material as outlined in Canadian
National's letter of August 4.
By letter dated November 5, 1959, the Board enquired further of Canadian
National as to its programme for marking cars. Canadian National replied by
letter dated November 23, from which the following paragraphs are quoted:
"The programme outlined in our letter of August 4th covered the 1959
period and proposed to deal with 275 new box cars and 275 old box cars.
685
We have re-assessed our programme for this year and we consider that
reflective markings should be placed on an additional 300 old box cars to
better carry out the intent of the Order which is to have the benefit of
actual experience in the use of such markings for a period under varying
operating conditions.
The net result of our programme will be that 275 new cars will be
equipped with reflective material in addition to 575 old cars. The Board's
early advice in this regard would be greatly appreciated."
In respect to a further letter from the Board, Canadian National confirmed
by letter dated December 10, 1959, that its 1959 programme was to mark 275
new cars and 575 old cars.
Upon consideration of Canadian National's letter of December 10, the Board
replied as follows:
"The Board's decision in its Judgment dated May 1, 1959, as to the
number of cars on which reflective markings would be placed was made
upon the information obtained from the railways, including information
that Canadian Pacific has approximately 85,500 freight cars, of v/hich about
60% are box cars and that Canadian Pacific purchases about 3,000 new cars
each year and repaints about 10,000; and that Canadian National has about
106,000 freight cars, of which about 65% are box cars and purchases about
3,100 new cars each year and repaints about 11,000.
Canadian Pacific subsequently received the Board's approval of its
programme to put the markings on approximately 3,000 cars before the end
of 1959.
The Board is disappointed that Canadian National's programme to date
falls short of Canadian Pacific's programme and what was intended by the
Board's Judgment and Order and feels that the Board should not give its
approval to Canadian National's programme and the imbalance as between
the Canadian National and Canadian Pacific in this respect. The Board,
therefore, contemplates making a supplementary Order, with reasons,
directing Canadian National to put reflective markings in 1960 on such
number, to be specified, of cars as will accord with the intent of the
previous Judgment and Order. Before doing so, however, the Board is
prepared to consider any submissions Canadian National may make as to the
programme it proposes for 1960. Such submissions should be forwarded
before January 15 next in order that the issuance of an Order may not be
unduly delayed, for although it may be that Canadian National's pro-
gramme for purchasing new cars in 1960 will not have been determined by
January 15, the Board assumes that normal shopping and painting of cars
will be done."
In answer to the Board's letter of December 24, Canadian National replied
by letter dated January 13, 1960, from which the following extracts are quoted:
"Our traffic requirements for 1959 necessitated the purchase only of the
number of box cars mentioned in our letter of August 4th.
Any difference between our programme in 1959 and the programme
which the CPR proposed in their letter of June 19, 1959, resulted from the
fact that the CPR at that time contemplated the acquisition of more box cars
in 1959 than we did. In other years the situation might well have been the
reverse.
Our programme for the purchase of new box cars in 1960 will not be
determined until early in February. It is likely, however, that such
purchases will not greatly exceed the purchases made in 1959.
686
Our experience to date is not sufficient to answer the questions involved.
In particular, it has not changed the view of our senior officers that
reflectorization constitutes an added hazard rather than a safety feature.
Your letter asks us to state the programme we propose for 1960. As
above stated, we do not know at the present time how many new box cars
will be acquired this year, but in general our programme will again comply
with the requirements of the Board's Order, and all new box cars will be
reflectorized together with an equal number of old box cars.
Your letter might be construed as indicating an intention on the part
of the Board to make an Order requiring the CNR to reflectorize on a
different basis than other railways. We see no justification for any such
discrimination. We complied with the Board's Order in 1959 and will
comply with it in 1960, but the Board's requirements should apply to all
Railways on the same basis."
By letter dated January 28, 1960, Canadian National informed the Board
that reflective markings had been placed on 696 of its cars in 1959, made up of
240 new cars and 456 old cars.
On January 29, 1960, Canadian Pacific informed the Board that it had on
Order 1,000 new box cars, to be delivered in 1960, and that they would be
equipped with reflective markings and that Canadian Pacific will also mark an
additional 2,000 older box cars, making a total of 3,000 cars to be marked by
Canadian Pacific in 1960.
Canadian Pacific's programme of marking cars in 1959, the marking of
3,000 cars, measures up very well to what the Board intended should be accom-
plished in that year, but Canadian National's programme, although in compliance
with the Board's Order, falls short of Canadian Pacific's programme in the
number of cars marked and short of what the Board had intended should be
accomplished by each of the major railways in 1959. There is no suggestion
on the Board's part that Canadian National did not comply with the Board's
Order. On the contrary, Canadian National in fact marked all its new cars and
more old cars than the Order required it to mark in that year.
It appears that Order No. 97788, as it now' reads, has resulted in an
imbalance as between Canadian Pacific and Canadian National respecting the
total number of cars marked in 1959, and this may be repeated in 1960 if the
Order is not amended. No doubt this imbalance is related to some extent to the
fluctuations from year to year in the box car requirements of individual railways.
The Board considers that its Order No. 97788 should be varied so that the
total number of cars required to be marked in the year 1960 by either Canadian
Pacific or Canadian National shall not be dependent on the number of new cars
it purchases this year and so as to specify the approximate number of cars
required to be marked by each of the said companies in 1960 to accord with the
intent of the previous Judgment and Order 97788.
The requirements of Order No. 97788 respecting the marking of new box
cars need not be changed, but the Order will be amended to provide in the
case of Canadian Pacific and Canadian National, that each of these companies
shall cause the reflective markings to be placed on each side of a total of
approximately 3,000 cars in the calendar year 1960. This may be accomplished
by marking all new box cars and a sufficient number of old box cars and cars
of other types, old and new, so that a total of approximately 3,000 cars will
be marked in 1960 by each of these companies, in addition to cars marked in
1959.
An Order will be issued accordingly.
ROD. KERR
H. H. GRIFFIN
J. M. WOODARD.
February 5, 1960.
687
ORDER No. 100389
In the matter of reflective markings on the sides of railway cars and in the
matter of Order No. 97788, dated May 1, 1959.
File No. 45463
Friday, the 5th day of February, A.D. 1960
Rod. Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
Pursuant to the Supplementary Judgment herein, dated February 5, 1960 —
It is hereby ordered as folloios:
Order of the Board No. 97788, dated May 1, 1959, is amended by inserting
immediately after paragraph numbered 3 the following paragraph:
"3A. Notwithstanding the provisions of paragraph numbered 3 and
compliance therewith and irrespective of the number of cars marked in the
year 1959, the total number of cars, new and old, on which reflective
markings shall be placed on each side thereof during the year 1960 by the
Canadian Pacific Railway Company and the Canadian National Railways
respectively shall not be less than 3,000 for each of the said companies."
ROD. KERR,
Chief Commissioner.
688
In the matter of the application of the Canadian Pacific Railway Company,
dated April 3, 1959, for an Order approving the discontinuance of
passenger train service (trains Nos. 41 and 42) between Portage la Prairie,
Manitoba, and Wetaskiwin, Alberta.
File No. 27563.56.38
Heard at Winnipeg, Man., September 14, 1959; Edmonton, Alberta,
September 17, 1959; Saskatoon, Sask., September 21 and 22, 1959.
Before:
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Appearances:
H. A. V. Green, Q.C., for Canadian Pacific Railway Company.
W. J. Burgess, for the Towns of Neepawa, Minnedosa and Birtle,
and the Rural Municipalities of Strathclair and Harrison.
J. W. Pratt, Q.C., Mayor of the Town of Birtle.
Mrs. Mildred G. Redmond 1
and ^Councillors of Hardisty.
Paul Drager, )
W. O. Smyth, Q.C., for the Town of Wilkie, Rural Municipalities
of Buffalo No. 409, Reford No. 379, Tramping Lake No. 380;
Villages and Hamlets of: Revenue, Tramping Lake, Leipzig,
Handel, Cloan, Thackeray, Phippen, Adanac, Wolfe and
Traynor.
S. L. Buckwold, Mayor of Saskatoon, representing City and Board
of Trade.
Charles Hazen, President of Saskatoon Board of Trade.
J. N. Park, President of Yorkton, Sask., Chamber of Commerce.
R. N. Adamson, Chairman of Transportation Committee of Yorkton
Chamber of Commerce.
A. T. Lyster, representing Village of Senlac, the Rural Munici-
pality of Senlac No. 411 and the Hamlet of Rutland.
R. T. O'Brien, representing The Brotherhood of Locomotive Engin-
eers, The Brotherhood of Locomotive Firemen and Enginemen
and The Brotherhood of Railway Trainmen.
Keith Green, representing Saskatoon Railway Mail Clerks
Association.
Walter Stern, representing Town of Wynyard, Rural Municipality
No. 308.
JUDGMENT
Griffin, A.C.C.:
This is an application by Canadian Pacific Railway Company for an Order
approving discontinuance of passenger train service between Portage la Prairie,
Manitoba, and Wetaskiwin, Alberta, now provided by trains Nos. 41 and 42
running between Winnipeg and Edmonton.
The present and only through passenger service on this line consists of
trains 41 and 42.
689
Train 41 leaves Winnipeg daily, except Saturday, at 10:00 p.m. and is
due to arrive at Edmonton at 6:30 the second morning. For example, train 41,
leaving on a Monday night, would arrive at its destination on Wednesday
morning. Train 42 leaves Edmonton at 10:25 p.m. daily, except Saturday, and
is due to arrive at Winnipeg at 7:00 the second morning. For example, train 42,
leaving Edmonton on a Monday evening, would arrive at its destination on
Wednesday morning. Each train is scheduled to stop at practically all stations
en route.
History of the Service
Historically, the management of Canadian Pacific has thought this line
handicapped from its inception for, with the exception of the Alberta portion
of the line, it lies between the main lines of the Canadian Northern and the
Grand Trunk Pacific Railways (now both Canadian National Railways). It has,
as a result, had a limited area from which to draw. The elapsed time of the
Grand Trunk Pacific Railway's run from Saskatoon to Winnipeg was much less.
Canadian Northern had the advantage in inter-urban traffic.
First daily through service began in 1911 between Winnipeg and Strathcona
(now known as South Edmonton). The trains, then designated as trains 51 and
52, consisted of first and second class coaches and standard sleepers with dining
car (the sleepers and dining car being on between Bredenbury and Strathcona).
In 1912 the trains began operating into Edmonton proper. Changes in the consist
or composition of the trains were made between 1911 and 1918.
The consist of the trains throughout the 1920's remained much as it was
in June, 1918, i.e., coaches, tourist sleeper, standard sleeper, compartment
observation car and diner between Winnipeg and Edmonton. Schedules were
changed from time to time to meet changing conditions and the competition
from the other railways.
In 1933 trains 51 and 52 were reduced from daily service to daily except
Sunday between Winnipeg and Edmonton. The Railway Company's reason for
this is given as the lack of patronage.
In 1938 air-conditioned day coaches were placed on the trains.
In 1941 an air-conditioned sleeper was substituted for the non-air-
conditioned sleeper.
In 1944, between Bredenbury and Wilkie, an air-conditioned buffet parlour
car was substituted for the non-air-conditioned cafe parlour car.
In 1948 following the War, when air-conditioned equipment became avail-
able, the non-air-conditioned compartment observation sleepers were withdrawn
from this service and replaced by modernized air-conditioned "Fort" series cars.
In 1949 the non-air-conditioned tourist sleeper was withdrawn and replaced
by an air-conditioned tourist sleeper.
The make-up of these trains by 1949 consisted of air-conditioned day
coaches, air-conditioned tourist sleeper, air-conditioned "Fort" car and air-
conditioned buffet parlour car. At the same time, in the Railway Company's
hope of increasing passenger traffic, the new equipment on the "Great West
Express", as these trains were then called, was extensively advertised and
publicized, including the display of the new cars at cities on the Hne.
81421-0—3
690
The improvement in the equipment in 1949 became effective in September
of that year. The Railway Company has produced figures to show a decrease in
average sleeping car carryings over the period June to December, 1949. The
following excerpts are, I think, representative:
JUNE— DECEMBER, 1949
AVERAGE SLEEPING CAR CARRYINGS
Winnipeg-
Saskatoon-
Edmonton-
Saskatoon-
Saskatoon
Edmonton
Saskatoon
Winnipeg
June
*
TRST ..
. . 370 Av. 14
2
354 Av. 13
6
337 Av. 12
9
372 Av. 14
3
* *
STD
258 Av. 9
9
209 Av. 8
0
170 Av. 7
5
214 Av. 8
2
Sep.
*
TRST ..
. . 334 Av. 12
8
299 Av. 11
5
292 Av. 11
2
405 Av. 15
6
• *
STD
210 Av. 8
8
184 Av. 7
0
218 Av. 8
4
239 Av. 9
2
Dec.
*
TRST ..
. . 165 Av. 11
0
112 Av. 7
5
113 Av. 7
5
212 Av. 14
1
**
STD
125 Av. 8
3
46 Av. 3
0
60 Av. 4
0
121 Av. 8
0
* Tourist
* * Standard
The cafe car losses in that year (1949) were, to take sample months:
Month
Number of Meals
Revenue
Loss
January
1,618
$1,874.40
$ 947.95
March
1,722
2,019.45
1,304.48
May
1,470
1,655.35
1,815.22
July
2,422
2,875.80
927.44
September ....
1,851
2,128.80
1,435.93
November
1,519
1,753.70
1,475.75
December
1,654
1,879.65
1,716.80 (Approx.)
The loss for that year was approximately $16,600.
By reason of the loss from the cafe car service, the Railway in 1950 modified
the "Fort" cars to include a kitchen and feeding accommodation for eight
passengers. By this, the above losses were reduced materially and in December,
1950, the loss had been reduced to approximately $100.00 for that month.
In 1952, due, according to the Company's evidence, to a further shrinkage
in tourist car traffic, the air-conditioned tourist sleeper was withdrawn to service
elsewhere and a non-air-conditioned tourist sleeper substituted.
A survey of passengers using the sleeping car facilities in 1952-1953 showed
the following trip averages (to take sample months):
TRAIN 51
Standard
Tourist
1952
October
4.8
6.6
December
4.4
8.4
1953
January
5.2
6.6
March
5.07
6.4
October
5.1
6.1
December
3.7
6.5
TRAIN 52
Standard
Tourist
1952
October
4.7
5.4
3.6
6.7
1953
January . ,
^/iSflMU 3.8
3.6
March
3.8
5.5
November
3.1
3.9
1.9
5.04
In April 1955, due to decreasing day coach traffic, one air-conditioned coach
was withdrawn from service between Winnipeg and Edmonton.
691
The following shows the average numbers of sleeping car passengers
between Winnipeg and Saskatoon and Saskatoon and Edmonton in 1955:
TRAIN 51
1955
April
July
Standard
Tourist .
Standard .
Tourist . . .
November
Standard .
Tourist . . .
December
Standard .
TRAIN 52
1955
April
July
Standard
Tourist .
Winnipeg-
Saskatoon-
Saskatoon
Edmonton
3.6
2.5
5.6
4.2
5.0
3.0
O 1
0 . A
3.5
1.7
A A
Q A
O . U
6.8
6.2
Edmonton-
Saskatoon-
Saskatoon
Winnipeg
3.3
4.2
5.0
5.0
4.5
4.6
7.1
7.1
1.5
3.9
3.5
3.6
2.6
3.7
6.0
7.0
Standard
Tourist
November
Standard
Tourist
December
Standard
Tourist
In 1956, due to a further decrease in traffic, the train was reduced to one
air-conditioned coach and one air-conditioned standard sleeper between Winni-
peg and Edmonton.
In 1956, in an attempt to promote passenger traffic, arrangements were
made to hold train 51 at Portage la Prairie for connection with train No. 1,
"The Canadian", if there were passengers for such connection.
In April, 1957, through standard sleeping car service between Winnipeg and
Edmonton was reduced to operating between Winnipeg and Yorkton.
The following is a sample of the average number of passengers using the
sleeping car service between Winnipeg and Yorkton (i.e., after the change)
between May and December, 1957 (by this time trains 51 and 52 had been
TRAIN 41
1957
May 6.5
July 8.1
September 6.7
November 4.0
December 4.5
TRAIN 42
1957
May 5.5
July 8.0
September 9.6
November 3.8
December 4.7
The average daily revenue passengers using the sleeping car service was
4.8 in each direction.
81421-0—31
692
The following is a statement of the average number of passengers using the
sleeping car service from January to April, 1957 (i.e., prior to the reduction of
the sleeping car operation to service between Winnipeg and Yorkton) :
Winnipeg- Saskatoon- Edmonton- Saskatoon-
Saskatoon Edmonton Saskatoon Winnipeg
January 3.6 2.6 2.0 2.3
February 5.4 3.2 3.0 4.8
March 4.6 2.2 3.2 4.5
April 5.7 2.5 3.7 5.3
The following is a statement of average sleeping car space occupied by
revenue passengers from January to December, 1958:
Winnipeg -Yorkton Yorkton-Winnipeg
January 3.0 3.0
March 2.6 2.4
May 2.1 1.5
July 3.8 3.0
September 3.0 3.0
November 3.0 3.0
December 3.7 4.0
The reasons given by the Railway Company for the gradual decline of
passenger carryings to the present low levels are:
( 1 ) The increased use of private automobiles and bus services by the public.
(2) The addition of the "Super-Continental" to the Canadian National
Railways' train service between Winnipeg and Edmonton.
The Railway Company has filed statements showing ticket sales from
MacDonald, Manitoba (the next station west of Portage la Prairie) to Breden-
bury, Saskatchewan, and from Saltcoats, Saskatchewan, to Hardisty, Alberta,
at least back to 1953. In certain parts of the line there is a marked drop after
April, 1956. For example:
1956
Biggar Wilkie Adanac Unity Paitland Senlac Evesham Macklin Cadogan
Jan
120
468
5
156
71
64
26
189
19
Feb
. 110
443
16
137
76
39
55
197
30
March . .
. 145
709
47
270
106
124
72
446
42
April ,
188
760
31
248
66
89
38
392
20
May
56
198
4
13
5
9
9
56
4
June ....
69
159
3
17
2
11
2
32
2
July
103
269
1
7
1
13
5
181
4
August . .
62
190
3
25
4
10
102
8
Sept
38
172
1
17
1
3
70
7
Oct
61
149
4
11
3
6
3
91
6
Nov.
59
164
6
10
5
102
5
Dec.
61
178
2
3
7
15
3
111
1
In addition, the statements filed by the Railway Company show the totals
for the several years. From this it appears that at Unity the total ticket sales
dropped from 904 in 1956 to 33 in 1957; at Rutland from 342 in 1956 to 20 in
1957; at Evesham from 218 in 1956 to 31 in 1957.
No satisfactory explanation has been given. Counsel for the Town of Wilkie
has suggested that it was by reason of the removal in April, 1957, of the sleeping
car. However, Counsel for the Company has pointed out that, whereas the
sleeping car was taken off at the end of April, 1957, the drop had started before
693
that. Several examples were given but, to take Wilkie alone, in January, 1957
(when the sleeping car was still on) the number of tickets sold for the trains
was 109 as against 468 in January of 1956. These figures are best tabulated:
1956 1957
January 468 109
February 443 118
March 709 134
April 760 157
However, as is pointed out later, the winter of 1955-56 was a severe one,
with roads blocked in many parts served by these trains, at least during
January, February and March. Accordingly, I think a fairer comparison should
be made between 1954, 1955 and 1957:
1954 1955 1957
January 302 222 109
February 203 198 118
March 172 260 134
April 213 285 157
After the sleeping car was removed in April, 1957, there does not appear
any particular diminution in the number of tickets sold in the remaining
months of 1957. Ticket sales at Wilkie during these months in 1956 and 1957
were:
1956 1957
May 198 149
June 159 120
July 269 190
August 190 185
September 172 136
October 149 128
November 164 136
December 178 173
Moreover, the Company points out that in January, February, March and
April of 1957, there were less than three sleeping car passengers on the average
each day from Saskatoon to Edmonton. The Company then says that, taking
off a sleeping car that had less than three berths occupied on the average each
night, cannot be the cause of the great deterioration in tickets sold for these
trains.
It is also suggested that the removal of the "Fort" car at the end of April,
1957, may have caused the decline. However, the Company points out that the
removal of a car capable of serving only eight people at a sitting could not
alone have been the cause.
At one point in the argument of Counsel it was said that the Canadian
National Railways instituted the service of its Super-Continental train in April
of 1957. However, according to the Board's records, Canadian National Railways
informed the Board in April of 1955 that it proposed to institute these trains
(Canadian National trains Nos. 1 and 2). Moreover, these trains (1 and 2)
are only of assistance to the towns on the Canadian Pacific line lying reasonably
close to Saskatoon, Biggar and Unity, since the trains do not stop at inter-
mediate stations. Apart from the introduction of the Super-Continental trains
a review of the Canadian National service on this portion of the line around the
period in question indicates no significant change.
None of these changes alone can explain the sudden drop shown in the
above table as having taken place at so many stations in May of 1956.
694
Counsel for the Railway Company has said that he cannot explain it.
On inquiry through the Board's staff, no explanation can be found.
I can only conclude:
(1) That it did not occur by reason of the removal of the sleeping car
or the "Fort" car, neither of which occurred until April of 1957;
(2) That the comparatively heavy sales that occurred in the first four
months of 1956 were by reason of the blocking of the roads by the extremely
severe winter;
(3) That the following factors had some bearing upon it:
(a) The previously improved service upon the main line of Canadian
National Railways;
(b) The natural improvement of the roads for automobile traffic in late
April and early May;
(c) Certain highway construction or reconstruction.
From Winnipeg to Edmonton it is possible to travel by Canadian National
Railways' "Super-Continental" in approximately fourteen hours. Train 41 takes
approximately thirty-two hours, or a difference of some eighteen hours. The
Canadian Pacific has never had a fast train on this line to compete for this
service.
In my view, the evidence shows that the Railway Company has, from the
beginning of this passenger service, made an effort to attract passenger traffic
and, for the most part, it has reduced the standard of service due to a reduction
in patronage. There is a suggestion running through this hearing, as in other
similar applications, that the Railway Company has purposely taken steps to
discourage passenger patronage in order to support its application to discontinue
passenger service. If this is true, it is difficult for those opposing the application
to substantiate. If it is untrue, it is equally difficult for the Company to show
it as a suggestion that is unwarranted. In this instance, however, I am satisfied
that it is the travelling public who have, over the years, withheld or reduced
their patronage and not the Railway Company that has abandoned the public.
Revenues and Expenses
The Railway Company has submitted a statement of Revenues and Expenses
of the present operation and of that now proposed. The present revenues are
based upon a two weeks' sample of all tickets honoured and collected during
the Months of March and April, 1958. From this was developed the average
revenue per passenger. The average revenue per passenger was multiplied by
the total number of revenue passengers carried during the twelve previous
months.
For the same period other revenues were computed and the following
revenues arrived at:
Passenger Rail Fares $ 226,700
Sleeping Car 15,200
Express 789,300
Mail 271,400
Milk 3,200
Total $1,305,800
The Company's evidence is that if this work had been done again at the
time of the hearing, the annual passenger revenue would be considerably less.
695
Trains 41 and 42 had been operated under steam power. Recently they
have been operated under diesel power. The estimated annual direct operating
costs of the two passenger trains, including trucking services and set-out cars in
freight service under steam operation, are:
Passenger trains $1,463,100
Express Company 465,700
Trucking Services 56,400
Set-out cars in freight service 18,500
Total $2,003,700
The Railway Company has therefore given as the deficit under steam operation
the figure of $697,900.
However, trains 41 and 42 have latterly been operated under diesel power.
The Railway Company has given the cost of diesel operation as follows:
Passenger trains $1,236,900
Express Company 465,700
Trucking Services 56,400
Set-out cars in freight service 18,500
Total $1,777,500
The deficit on the basis of diesel operation is $471,700.
The deficit under steam operation has therefore been reduced by $226,200
by the use of diesel power, i.e., from $697,900 to $471,700.
The Board's officers have studied the evidence as to the Company's
revenues and expenses and have since the hearing questioned the Company's
officers on certain points arising from the Board's examination. The Board's
analysis in some instances indicated lower costs and in other instances higher
costs than the method of estimating used by the Company, but the differences
were not large. The Company's overall estimate of the annual operating costs of
trains 41 and 42 and the annual deficit under diesel operation of some $472,000
were not found to be excessive.
Alternative Services
(a) Express
In applying to discontinue trains 41 and 42, the Company outlined in the
application their proposal with respect to the handling of express.
Should the Company be authorized to discontinue trains 41 and 42, its
proposal is to replace the present train service with an extended highway
operation for L.C.L. freight and express. It would be necessary for the Post
Office Department to make such other arrangements as it might see fit for the
carriage of mail.
The Company's highway operations carry most of the express along the
railway route from Portage la Prairie to Russell and up to Inglis, i.e., for most
of the line within the Province of Manitoba. The quantity carried by trains 41
and 42 in this area is limited. Dench of Canada, a subsidiary of the Railway
Company, operates a truck line from Edmonton east to Hayter on the Sas-
katchewan border. Dench presently handles L.C.L. freight. Should the Company
be authorized to discontinue trains 41 and 42, this truck line would also handle
the express traffic on this run.
696
Should such authority be given, it is the intention of the Railway Company
to apply, in the name of the Canadian Pacific Express Company, to the Highway
Traffic Boards of Manitoba and Saskatchewan for licences to operate from
Russell in Manitoba through Saskatchewan to the Alberta-Saskatchewan border.
This would then give a truck route for the handling of L.C.L. freight and express
by the highway that runs roughly parallel to the railway from Portage la
Prairie to Edmonton. However, there is an area at and near Senlac and Rutland
in Saskatchewan where the conditions of the highway may prevent a truck
service operating. The area between Winnipeg and Portage la Prairie is not
affected significantly by this application.
The service proposed from Russell to the Alberta-Saskatchewan border is
service on six days each week. The proposal, moreover, is to operate the highway
service to the railway station, with local delivery from the station where
local delivery exists now.
The statement of Counsel for the Railway Company is that, should the
Company be unable to obtain the necessary licence or licences from the
appropriate Provincial Highway Traffic Boards, it will contract out or otherwise
handle the hauling of L.C.L. freight and express. The Company's undertaking
is that, in any event, the express traffic will be taken care of. In particular, this
would, in the event of this Board making such an Order, be a matter of concern
between Unity and Macklin. The statement of Counsel for the Town of Wilkie
is that the highway through Evesham is the main Provincial Highway but it
does not extend to Senlac. The road to Serilac, it is stated, is closed in winter.
The Company's undertaking, however, extends to this area.
(b) Passengers
The Company says that alternative services for passengers now available
would meet adequately the need of the travelling public, i.e., bus and airlines.
There is at present no bus line between Binscarth and Yorkton but the Company
asks the Board to assume that this service, which existed formerly, would be
restored if there is traffic offering.
Greyhound Lines of Canada operate a bus service between Winnipeg and
Edmonton. On this service there is a bus running in each direction twice each
day. In so doing, it runs roughly parallel to the line of the Canadian National
Railways from Edmonton to Saskatoon. This is of no help to the residents of the
area served by trains 41 and 42. However, from Saskatoon to Yorkton it runs
roughly parallel to Canadian Pacific Railway Company's line. From Yorkton
the bus runs north of the C.N.R. main line near Dauphin and down to Winnipeg.
In addition, Greyhound Lines run a local bus each day between Winnipeg
and Yorkton. This bus runs roughly parallel to the line of the Canadian Pacific
Railway Company. The local bus connects with the through bus at Yorkton.
This is a year-round service.
The buses between Winnipeg and Saskatoon stop at virtually all the places
served by the Railway Company. They will also stop en route (at least on a
local run) when flagged.
There is a bus service operated by Sunburst Motor Coaches Limited from
Edmonton eastward to Hardisty and Macklin. There is one round trip daily
from Edmonton to Macklin and two round trips daily (of which the foregoing
is one) from Edmonton to Hardisty. This is a year-round service.
Until four years ago Sunburst Motor Coaches Limited operated eastward
through to Biggar where, at one time, it connected with a local service operating
between Saskatoon and Biggar. The latter service was discontinued some years
ago but the precise date was not brought out in evidence.
697
Both the Greyhound and Sunburst Companies state that they are prepared
to provide any additional equipment necessary to handle the additional traffic
that would accrue to them should the Board make an Order discontinuing trains
41 and 42.
The Superintendent of the Railway Company at Saskatoon gave the
distances between the stations on the line of the C.P.R. west of Saskatoon and
the closest stations on the main line of Canadian National Railways west of
Saskatoon. They are as follows:
Cory is seven miles from Saskatoon.
C.P.R.
Distance
C.N.R.
O l/ltl/ LyJ 11/
in Miles
Station
Dunfermline
4.z
Grandora (Station — no Agent)
Asquith
1.7
Asquith (Open Station)
Rhyl
5.1
Juniata (Just Siding)
Kinley
1.0
Kinley (Open Station)
Perdue
2.0
Leney (Station — no Agent)
Keppel
10.6
Leney (Station — no Agent)
Vance
0 . O
rsiggar ^wpen oiaiionj
Biggar
1.3
Biggar (Open Station)
Oban
0.5
Oban (Just Siding)
Nasbey
5.0
Oban (Just Siding)
Trayner
6.5
Landis (Open Station)
Wolfe
9.1
Landis (Open Station)
St. Alphege
14.8
Scott (Open Station)
Wilkie
8.5
Scott (Open Station)
Phippen
8.4
Scott (Open Station)
Adanac
6.1
Unity (Open Station)
Unity
1.6
Unity (Open Station)
Rutland
10.0
Winter (Open Station)
Senlac
12.0
Yonker (Station — no Agent)
Evesham
33.2
Unity (Open Station)
Macklin
42.2
Unity (Open Station)
Trains 41 and 42 stop at practically all stations en route, either as regular
or flag stops.
The Canadian National stations are all on the Canadian National Railways'
main line. It will be noticed, however, that only some are open stations. Some
are stations with no agencies. Some are just sidings. However, Canadian
National Trains Nos. 1 and 2 (Super-Continental) stop at the larger towns,
being Biggar and Unity, the latter being a conditional stop. Additional service
is also provided by local Trains 91 and 92 which stop at practically all stations
between Saskatoon and Wainwright. It has been noted, however, that since
October, 1959, Trains 3 and 4 (Continental) have been rerouted via North
Battleford.
Evidence was also called as to the passenger service provided by Trans-
Canada Airlines. That Company provides two first-class flights daily and a
tourist flight daily in each direction between Winnipeg and Edmonton. In addi-
tion, there is a daily flight, except Sunday, in each direction between Winnipeg
and Yorkton.
There is, in addition, a flight provided by Pacific Western Airlines from
Saskatoon through North Battleford to Edmonton.
In addition, it appears that Yorkton is linked to Regina by a service of
Trans-Canada Airlines, and Saskatoon to Regina by a service of Pacific Western
Airlines.
698
Proposed Savings
I have set out above the revenues and expenses of the Company in the
operation of this line. Based upon its proposal, the Railway Company is of the
opinion that it could reduce the deficit on diesel operation from approximately
some $472,000 per annum to approximately $47,000 per annum.
To exemplify this it has filed the following table:
Revenues and Expenses Passenger Trains 41-42 Winnipeg -Saskatoon-
Edmonton, and Revenues and Expenses of proposed operation
Gross Revenues Present Proposed
Passenger rail fares $ 226,700
Sleeping Car 15,200
Express 789,300 $789,300
Mail 271,400
Milk 3,200
Total $1,305,800 $789,300
Expenses
Estimated annual direct operating costs of —
Passenger trains $1,236,900
Express Company 465,700 $465,700
Trucking Services 56,400 309,300
Set-out cars in freight service 18,500 61,600
$1,777,500 $836,600
Net Annual Contribution to Overhead $ 471,700 (d) $ 47,300 (d)
Net Financial Improvement $424,400
Plus annual savings in express messengers
wages 63,100
$487,500
Legend: d — deficit.
The Board's officers, in their examination of the Company's estimates, have
found that the Company's expectation that it could reduce its loss under the
proposed operation to some $47,000 per annum is justified. It may, however,
be conservative. If allowance is made for an annual saving of some $63,000 per
annum in express messengers' wages it is probable that there might be a slight
overall operating profit under the proposed operation.
I accept as being substantially correct the Company's present estimated
deficit of some $472,000 per annum and its expectation that under the proposed
operation this deficit could be reduced to some $47,000 per annum.
The Board applies the following principle in applications for discontinuance
of train service, i.e., will the loss and inconvenience to the public, consequent
upon a discontinuance of service, outweigh the burden that continued operation
of the service would impose upon the Railway Company?
It is therefore necessary to weigh against the above proposed benefit to the
Company the inconvenience that would result to the public.
Evidence Called, and Arguments Advanced Against Discontinuance
At that part of the hearing that took place at Winnipeg, Counsel appeared
for the Towns of Birtle, Neepawa and Minnedosa, and the Rural Municipalities
of Strathclair and Harrison. The Mayor of Birtle was present.
699
No evidence opposing the application was presented at Winnipeg. However,
in Saskatoon the Mayor of Birtle gave evidence, and the argument on behalf
of the above towns and rural municipalities was presented.
At that part of the hearing that took place at Edmonton, the Town of
Hardisty made its representation. No other evidence was tendered opposing the
application.
At that part of the hearing taking place at Saskatoon, far greater opposition
to the application was heard. Opposition came from the City of Saskatoon, the
Saskatoon Board of Trade, the Town of Wilkie and nearby rural municipalities
and hamlets, the Yorkton Chamber of Commerce, the Village of Senlac and
surrounding area, the Brotherhoods of Locomotive Engineers, Locomotive Fire-
men and Enginemen, and Railway Trainmen, the Saskatoon Railway Mail
Clerks' Association and the Town of Wynyard.
The evidence presented by those opposing the application (as does the
evidence of the Company) covers many pages of the transcript. I will endeavour
to summarize the points that have been put forward:
(1) That some 60,000 revenue passengers travelled on trains 41 and 42
during 1958.
(2) That the Company has a legal duty to provide service to the residents
on and bordering its line who settled in the area about the time of the
railway's construction.
(3) That the decline in passenger service is due to the inadequate service
and equipment provided by the Company.
(4) That the decline in service is also due to the Company having dis-
continued certain feeder services on connecting lines.
(5) That the deficit in passenger service should not be considered alone
but the operation of the line as a whole. The Company has said that in
using diesels the operation of its line is approximately at a break-even
point. Those opposing the application say, that this being so, the
profitable part of the line's operation should carry the non-profitable
part.
(6) The residents of Senlac and Rutland say that they are some nine to ten
miles from Highway 14. They are twenty-five miles from a hospital at
Macklin and nearly thirty-five miles from a hospital at Unity. They
say that there is no assured way of getting out in winter.
(7) That the Company at one stroke is proposing to cancel a service that
extends over some 1,000 miles and has been in effect for nearly 50
years.
(8) That this is the last remaining Canadian Pacific Railway passenger
service on this line and the last remaining Canadian Pacific Railway
main line passenger service in Northern Saskatchewan.
(9) That discontinuance of train service should not be dealt with on a
piece-meal basis but on a National basis.
(10) That there would have been more opposition to the application had
the municipalities known that the annual deficit in operation is not
some $698,000 (as stated in the Company's application and being the
deficit under steam operation) but some $472,000 (as shown by state-
ment filed by the Company at the hearing and being the deficit under
the present diesel operation).
700
Certain other arguments were advanced but the foregoing are the principal
ones.
To deal with them in the above sequence:
(1) That some 60,000 revenue passengers travelled on the trains.
The Company says that this figure, totalled from one of the Company's
exhibits, is exaggerated as the Company's records show the numbers of revenue
passengers by sub-divisions. To total these figures means that many passengers
have been added in two or more times.
(2) That the Company has a legal duty to provide service.
It is said that this exists by reason of an agreement between the Dominion
Government and the Company at the time, or at about the time, of railway
construction.
Counsel for the Company has given the following history of railway con-
struction along this line.
From Winnipeg to Portage la Prairie the line is part of the Canadian
Pacific Railway's main line in the old Province of Manitoba. There is no tax
exemption in connection with that operation of the line. The only tax exemption
that the Canadian Pacific Railway Company enjoys in Manitoba, apart from the
City of Winnipeg, is on the portion of the main line which lies outside the old
Province of Manitoba.
From Portage la Prairie to Yorkton the railway was built between 1883
and 1891 by the Manitoba and Northwestern Railway. This line was leased by
the Manitoba and Northwestern Railway to the Canadian Pacific Railway
Company in 1900.
The line from Yorkton to Sheho was built in 1902 and 1903 under one of
the original statutes of the Manitoba and Northwestern Railway.
From Sheho to mile 270.6 the railway was built from 1905 to 1907, also
under the Dominion statutes dealing with the Manitoba and Northwestern
Railway.
From mile 270.6 to Lanigan Junction the line was built between 1906 and
1909, also under Dominion statutes from which the Manitoba and Northwestern
Railway derived its powers.
From Lanigan Junction to near Rosyth the railway was built between 1902
and 1909 as a branch line of Canadian Pacific Railway Company under Clause
14 of the original contract between the Dominion Government and the incorpo-
rators of the Canadian Pacific Railway Company. Under that statute the
incorporators of the Company were to build the Canadian Pacific Railway and
under it certain land grants were given by the Dominion Government as part
of its consideration for the contract under which the Railway Company under-
took to carry out the building of the line. These land grants were given in
consideration of the building of the Canadian Pacific Railway, not in considera-
tion of the building of any of the branches.
In Canadian Pacific Railway Company v. Attorney-General for Sas-
katchewan— 1950 S.C.R., 190, it was held that the Canadian Pacific Railway in
the contract meant only the main line of the Canadian Pacific Railway, as that
is described in the first clause of the contract.
The only consideration that was given for the building of any branch lines
from the main line was that the Dominion Government did undertake that, if
the railway passed through any lands owned by it, it would give a grant of
land for the right-of-way and station ground.
701
From Rosyth Junction to Edmonton the line is the line of the Calgary and
Edmonton Railway which, like the Manitoba and Northwestern Railway, is a
railway line leased by the Canadian Pacific Railway Company.
Manitoba and Northwestern Railway did receive a land grant from the
Government but that grant had been practically entirely disposed of long
before the line was leased to Canadian Pacific Railway Company.
The foregoing is the history of the construction of this line as given by
Counsel.
I am only concerned as to whether there is any legal duty on the Railway
Company in respect to that portion of the line constructed by it, or as lessee.
Counsel for those opposing the application introduced no evidence as to
this contract nor made any reference to the pertinent statutes. I am therefore at
some disadvantage in appreciating this argument.
However, I take the argument to be that (a) the Company in respect to
that portion of the line constructed by it has an obligation under the agreement
mentioned, and (b) that the Company with respect to that portion of the line
constructed by predecessor companies has assumed an obligation under the
leases from such companies.
As to the former, I am prepared to accept the argument of Counsel for the
Company that the agreement referred to is an agreement only in respect of the
main line of the Company to the Pacific Coast (and two branch lines of which
this line is not a part).
As to the second point, there can be an obligation upon the Company
assumed by it under the lease agreements only if that obligation existed in the
predecessor companies, being Manitoba and Northwestern Railway and The
Calgary and Edmonton Railway, or was assumed under such leases.
There are many statutes covering the powers and obligations of both these
companies. I am unable to find in these statutes in respect to this line any
obligation to maintain passenger service, nor is there any evidence before us
of the assumption of such an obligation under any lease.
Accordingly, I am of the opinion that there is no legal obligation upon the
Company to maintain passenger service under any agreement or special statute.
(3) That the decline in passenger service is due to inadequate service and
equipment.
I have already stated that, in my opinion, the Railway Company has made
an effort to attract passenger traffic to these trains, and that, for the most part,
it reduced the standard of service due to a reduction in patronage. I have also
already stated that, in my opinion, it is the travelling public who have, over
the years, withheld or reduced their patronage and not the Railway Company
that has abandoned the public.
(4) That the decline in service is also due to the Company having discontinued
certain feeder services on connecting lines.
The original passenger services which operated on these connecting lines
have been changed to mixed train services and their frequency reduced; their
contribution as feeder train services at the time of such changes is questionable.
(5) That the deficit in passenger service alone should not be considered but
the financial operation of the line as a whole.
The Board has considered this argument many times in the past in similar
applications and has held that it will not compel a Railway Company to continue
a deficit passenger operation merely because other services on the same line may
702
be profitable, where to do so would be to require freight and other shippers to
subsidize an uneconomic passenger service that is no longer patronized, or for
which there is not a reasonable need by the public.
It is otherwise where the Railway Company's application is to abandon
operation of a line of railway, including freight, passenger and all other railway
services.
(6) The residents of Rutland, Senlac and Evesham and area say that the train
service is essential to their welfare.
I would expect from the evidence to find that a hardship would result upon
the residents of this particular area should the passenger service be discon-
tinued. However, reference to the use made by the residents of these com-
munities of trains 41 and 42 shows the following use from 1955 on:
RUTLAND
1955
1956
1957
1958
January
. .iv 13
71
2
4
February
21
76
3
7
March
33
106
—
5
41
66
2
19
May
17
5
—
—
5
2
1
C
July
15
1
3
L
August
18
4
2
O
September
8
1
2
S
October
2
3
2
E
November
13
—
1
D
43
7
2
Total
229
342
20
35
SENLAC
1955
1956
1957
1958
January
23
64
11
7
February
25
39
9
12
March
28
124
6
9
April
40
89
26
27
May
22
9
8
15
June
26
11
7
9
July
36
13
1
9
22
10
12
9
September
22
3
3
5
October
17
6
9
12
November
21
10
6
16
December
44
15
15
10
Total
326
393
113
140
703
EVESHAM
7 0 r c
l y oo
i yo /
1 f\ c o
1958
January
1
26
—
12
February
11
55
3
—
March
10
72
4
8
April
6
38
6
2
May
9
9
1
2
15
2
3
2
July ,
17
5
6
6
August
5
3
September
8
3
3
October
2
3
1
November
10
5
1
1
December
15
3
3
1
Total
109
218
31
40
During 1957 at Rutland there was an average of less than two tickets
purchased each month.
During 1958 at Senlac there was an average of less than twelve tickets
purchased each month.
During 1958 at Evesham there was an average of less than four tickets
purchased each month.
In my opinion, this does not show a reliance on the passenger service.
(7) That the Company at one stroke is proposing to cancel a service that
extends over 1,000 miles and has been in effect for nearly 50 years.
This is substantially true. The railway mileage from Winnipeg to Edmonton
is 848 miles. However, I cannot find on the evidence any justification for retain-
ing any part of the service, nor can I find fault with the Company, if the whole
passenger service on the line is a deficit operation, for applying in respect to the
whole service.
(8) That this is the last remaining Canadian Pacific passenger service on this
line and the last remaining Canadian Pacific main line passenger service
in Northern Saskatcheiuan.
This is true but I cannot find this a ground for retaining a service which,
for other sufficient reasons, should be discontinued.
(9) That the discontinuance of train service should not be dealt with on a
piece-meal basis but on a National basis.
This might be desirable but questionable as to whether it could be achieved.
Meanwhile, a railway company may apply to the Board to discontinue a service
and the Board has a duty to hear and dispose of such an application.
(10) That there would have been more opposition to the application had the
municipalities known that the annual deficit was not some $698,000 per
annum but only some $472,,000 per annum.
I accept the statement of Counsel that at the time of the application to the
Board the known deficit was that of some $698,000 under steam operation and
that only between that time and the hearing was the deficit under diesel
operation determined (i.e., some $472,000).
704
It may be that the Company could have furnished to the Board and to the
municipalities earlier than at the hearing the deficit under diesel operation.
However, a loss of some $472,000 is still a large annual deficit. I cannot believe
that a municipality that conceded the propriety of the application, believing
the loss to be some $698,000, would have opposed the application with conviction
when it found that the deficit in fact was some $472,000.
Conclusions
(a) Express Service
Virtually all express, as well as L.C.L. freight, in that portion of the line
in the Province of Manitoba is now handled by truck.
Dench of Canada now handles the L.C.L. freight in the area Edmonton to
the Alberta-Saskatchewan boundary and the Company proposes that it should
also handle express traffic.
The Company proposes to apply in the name of Canadian Pacific Express
Company for P.S.V. licences in Manitoba and Saskatchewan to link these two
services.
The Company has given the assurance previously referred to with reference
to the handling of express.
I am unable to find that the handling of L.C.L. freight and express as
proposed by the Company will cause such inconvenience to the public as would
outweigh the anticipated saving to the Railway Company.
(b) Passenger Service
The residents of the Cities of Winnipeg, Yorkton, Saskatoon and Edmonton
are reasonably served by other means of travel.
The area Winnipeg to Portage la Prairie is on the main line of the Canadian
Pacific Railway and is served by trains on the main line as well as by bus
service.
The area Edmonton to Wetaskiwin is served by the trains running between
Edmonton and Calgary as well as by bus service.
The extent of the Company's line from Winnipeg to Saskatoon is served
by the bus service of Greyhound Lines of Canada.
The extent of the Company's line from Wetaskiwin eastward to Macklin
is served by the bus service of Sunburst Motor Coaches Limited.
The above areas are also served by good roads.
It is therefore the area from Saskatoon to Macklin with which we should
be concerned.
From Saskatoon to Perdue there is a hard surfaced highway. From Perdue
to Biggar there is an oiled surfaced highway. From Biggar to Wilkie there is a
gravel road. Beyond Unity and towards Macklin it appears from the evidence
that the road cannot be relied upon through winter months.
The use of these trains by the residents from Saskatoon to Unity is not
great. The totals for 1958 were:
Station Tickets Purchased
Asquith 546 (or an average of less than
two passengers each day)
Perdue 506 (or an average of less than
two passengers each day)
705
Station Tickets Purchased
Biggar 709 (or an average of less than
two passengers each day)
Traynor 167 (in 1955, after which the
station was closed)
Wilkie 1,966 (or an average of less than
six passengers each day)
Phippen 81 (in 1954, after which the
station was closed)
Adanac 55 (or an average of about
one passenger each week)
Unity 84 (or an average of less than
two passengers each week)
We should, I think, be most concerned about the area surrounding Rutland,
Senlac and Evesham.
Evesham is on the main Provincial Highway and is fairly close to a bus
service at Macklin. Senlac and Rutland are some nine to ten miles from Highway
No. 14 and there is evidence that the roads may be much restricted or even
impassable in that area during winter months. However, apparently the reliance
upon the train service by the residents of these areas is not great. The total
numbers of passengers in 1956, 1957 and 1958 were the following (the station
at Rutland having been closed from May, 1958):
1956
1957
1958
Rutland
342
20
35
Senlac
393
113
140
Evesham
218
31
40
The average in 1958 was, therefore, less than one passenger each day from
all three towns combined. It was otherwise during the heavy winter of 1956,
for in the months of January, February, March and April of that year the
following numbers of tickets were purchased;
Rutland Senlac Evesham
January 71 64 26
February 76 39 55
March 106 124 72
April 66 89 38
Totals 319 316 191
I cannot but conclude that the Company's services are, in the main,
availed of when the roads are difficult or impassable for automobiles but that
otherwise the residents of the area from Saskatoon to Macklin give but limited
patronage to the train service.
I am unable to find that the discontinuance of trains 41 and 42 will work
any real hardship on the residents generally of the area served by these trains.
It may on occasion, however, result in hardship upon persons who must attend
elsewhere for periodic medical attention. It may also result in hardship from
time to time upon persons who may be seriously injured during severe winter
conditions in the area of Rutland and Senlac. However, I must consider, not
isolated instances of hardship, but the convenience generally of the public.
706
The Company has shown its loss on the operation of these trains to be some
$472,000 per annum. It has shown its anticipated financial improvement under
the proposed service to be some $487,000 per annum.
Those patronizing the Company's services elsewhere, whether they be
passengers or shippers of freight, do, to some extent at least, bear the burden
of a service operating at a deficit.
I find that the burden of continued operation of this service by the Railway
Company outweighs the loss and inconvenience that will result to the public
upon its discontinuance. I would, therefore, authorize Canadian Pacific Railway
Company to discontinue passenger train service between Portage la Prairie
and Wetaskiwin (other than the service provided by mixed trains 637 and 638
between Saskatoon and Asquith), and pursuant to that authority to discontinue
trains Nos. 41 and 42.
The discontinuance of these trains will mean some readjustment for many
people. Accordingly, the Company is not to discontinue these trains before the
24th day of April, 1960, nor before forty-five days after public notice of the
discontinuance.
An Order will go accordingly.
H. H. GRIFFIN.
I concur:
J. M. Woodard.
I concur:
W. M. Irwin.
February 18, 1960.
707
ORDER No. 100540
In the matter of the application of the Canadian Pacific Railway Company dated
April 3, 1959, for an Order approving the discontinuance of passenger
train service (trains Nos. 41 and 42) between Portage la Prairie, Manitoba,
and Wetaskiwin, Alberta:
File No. 27563.56.38
Thursday, the 18th day of February, A.D. 1960
H. H. Griffin, Assistant Chief Commissioner.
J. M. Woodard, Commissioner.
W. R. Irwin, Commissioner.
Upon hearing the application at a sittings of the Board held in Winnipeg,
Manitoba, September 14, 1959, Edmonton, Alberta, September 17, 1959, and
Saskatoon, Saskatchewan, September 21 and 22, 1959, in the presence of
Counsel for the Canadian Pacific Railway Company, the Towns of Neepawa,
Minnedosa and Birtle, and the Rural Municipalities of Strathclair and Harrison,
and in the presence of representatives of the Town of Hardisty, the Town of
Wilkie, Rural Municipalities of Buffalo No. 409, Reford No. 379, Tramping Lake
No. 380, the Villages and Hamlets of Revenue, Tramping Lake, Leipzig, Handel,
Cloan, Thackeray, Phippen, Adanac, Wolfe and Traynor, the Saskatoon Board
of Trade, The Yorkton Chamber of Commerce, the Village of Senlac, the Rural
Municipality of Senlac No. 411 and the Hamlet of Rutland, The Brotherhood of
Locomotive Engineers, The Brotherhood of Locomotive Firemen and Enginemen
and The Brotherhood of Railway Trainmen, the Saskatoon Railway Mail Clerks
Association, the Town of Wynyard and the Rural Municipality No. 308 —
It is hereby ordered as follows:
1. Subject to the provisions of paragraph numbered 2 of this Order, the
Canadian Pacific Railway Company is authorized to discontinue wholly passenger
train service at present provided between Portage la Prairie, Manitoba, and
Wetaskiwin, Alberta, and pursuant to such authority may discontinue trains
Nos. 41 and 42.
2. The authorization granted in paragraph numbered 1 of this Order does
not apply to the service provided by mixed trains Nos. 637 and 638 between
Saskatoon, Saskatchewan, and Asquith, Saskatchewan.
3. The discontinuance authorized in paragraph numbered 1 hereof shall
not take effect before forty-five days after public notice of the said discon-
tinuance has been posted by the Applicant at all ticket offices and at all stations
on the said line, nor before the 24th day of April, 1960, whichever is the later.
4. A copy of the said notice shall be forwarded to the Director of Operation
of the Board.
H. H. GRIFFIN,
Assistant Chief Commissioner.
708
ORDER No. 100364
In the matter of the application of the Canada Steamship Lines Limited, here-
inafter called the "Applicant", for a licence under section 10 of the
Transport Act:
It is hereby ordered as folloivs:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 364 is issued to the Applicant
licensing, for the period of one year commencing January 15, 1960, the following
ships to transport passengers and goods between all ports and places in Canada
on Lakes Ontario, Erie, Huron (including Georgian Bay), and Superior and
their connecting waters including the St. Lawrence River and its tributaries as
far seaward as the west end of the Island of Orleans:
File No. 42076.1
Monday, the 1st day of February, A.D. 1960
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Vessel Name
Official
Registry No.
Gross
Tomiage
Richelieu . .
St. Lawrence
Tadoussac . .
150828
153438
153447
5527.80
6327.53
7012.51
A. SYLVESTRE,
Deputy Chief Commissioner.
709
ORDER No. 100379
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076.4.5
Wednesday, the 3rd day of February, A.D. 1960
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 365 is issued to Canada Steamship Lines Limited,
for the year 1960, licensing the following ships to transport the goods specified
herein in the areas designated herein with respect to each ship:
1. To transport motor vehicles, including passenger cars, trucks and other
self-propelled vehicles, in deck loads, on Lakes Ontario, Erie, Huron (including
Georgian Bay), and Lake Superior and their connecting waters, including St.
Lawrence River and its tributaries as far seaward as the west end of the Island
of Orleans.
Official
Vessel Name Registry No. Tonnage
Ashcroft 152641 7726
Donnaconna 134015 8611
Georgian Bay 176116 11392
Hagarty 134250 7462
Hochelaga 190470 11997
Lemoyne 152647 10480
To transport pipe; also to transport motor vehicles, including passenger
cars, trucks and other self-propelled vehicles, in deck loads, on Lakes Ontario,
Erie, Huron (including Georgian Bay), and Lake Superior, and their connecting
waters, including the St. Lawrence River and its tributaries as far seaward as
the west end of the Island of Orleans.
Official
Vessel Name Registry No. Tonnage
Coverdale 190493 11996
A. SYLVESTRE,
Deputy Chief Commissioner.
710
ORDER No. 100391
In the matter of the application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act:
File No. 42076.4.2
Thursday, the 4th day of February, A.D. 1960
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Subject to any exemption granted pursuant to subsection 2 of section 12
of the Transport Act, Licence No. C.T.C. (W.T.) 366 is issued to the Canada
Steamship Lines Limited licensing, for the year 1960, the following ships to
transport goods by water between all ports and places in Canada on Lakes
Ontario, Erie, Huron (including Georgian Bay), and Lake Superior, and their
connecting waters, including the St. Lawrence River and its tributaries as far
seaward as the west end of the Island or Orleans.
Official
Gross
Vessel Name
Registry No.
Tonnage
Barrie
151045
1823.67
Battleford
148134
2357.31
125440
2011.81
112205
2272.01
City of Hamilton
153423
1665.43
City of Kingston
152837
1689.81
City of Montreal
153422
1665.43
City of Toronto
152838
1687.62
City of Windsor
154463
1905.11
117089
4545.10
122856
1982.90
Elgin
145518
1906.37
Eskimo
311755
4462.42
Fairmount
68808
1851.28
154461
2418.61
Fort Henry
176118
5728.94
Fort York
188391
6021.44
Glenelg
150237
2309.43
154473
1829.13
145533
1905.55
Iroquois
176119
2299.89
Kinmount
138187
1711.01
147702
2406.71
Metis
198480
3327.95
Renvoyle
148133
3571.08
Saskatoon
153436
2411.94
Selkirk
152859
2384.38
145511
1783.44
Starmount
145609
1859.40
Teakbay
154462
1894.96
138232
7392.20
153437
2407.60
152854
2382.51
A. SYLVESTRE,
Deputy Chief Commissioner.
711
ORDER No. 100487
In the matter of the application of January 22, 1960, of the British Columbia
Telephone Company under the provisions of Chapter 66 of the Statutes
of Canada 6-7 Geo. V, as amended by Chapter 36 of 4-5 Geo. VI,
Chapter 86 of II Geo. VI, Chapter 85 of 15 Geo. VI and Chapter 40 of
6 Elizabeth II for an Order approving the amount, terms and conditions
of the issue and sale or other disposition of a total number of preferred
shares of its capital stock not to exceed one hundred and twenty thousand
(120,000) shares of par value of $100.00 each:
File No. 29885.13
Monday, the 15th day of February, A.D. 1960
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
W. R. Irwin, Commissioner.
Upon hearing the application at the sittings of the Board held at Ottawa
on the 15th day of February, 1960, in the presence of Counsel for the Applicant
Company, no one appearing in opposition; and upon hearing what was alleged;
and upon reading what has been filed in support of the application, public notice
of such application having been published in The Canada Gazette, and its
appearing that the proposed issue is necessary for the purpose of financing the
capital requirements of the Applicant Company and to meet existing obligations
and commitments —
It is hereby ordered as follows:
1. The amount, terms and conditions of a proposed issue and sale of
preferred shares of the capital stock of the Applicant Company are hereby
approved as follows:
(a) The said issue and sale shall be of not more than one hundred and
twenty thousand (120,000) of such preferred shares.
(b) The price at which such preferred shares shall be issued and sold shall
not be less than one hundred dollars ($100.00) per share.
(c) Such preferred shares shall bear a rate of dividend not greater than
six and a quarter per cent (6^%) per annum.
(d) Such issue and sale shall not be effected until all conditions precedent
thereto whether imposed by Statute or otherwise shall have been met
by the Applicant Company.
(c) The commission paid to the underwriters by the Applicant Company
shall not exceed three dollars and fifty cents ($3.50) per share.
(f) Subject to the foregoing, such issue and sale may be made no later
than the 30th day of April, 1960.
H. H. GRIFFIN,
Assistant Chief Commissioner.
712
CIRCULAR No. 283
Ottawa, February 5, 1960
File No. 27612.65
Amendment or Cancellation of Competitive Rates on Less than
Thirty Days' Notice.
The issuance of competitive tariffs is authorized by Section 331 of the
Railway Act and, by section 333 of the Act, such tariffs are to be filed with the
Board upon such notice as the Board may direct or permit. Rule 17 of the
Board's tariff regulations, Tariff Circular No. 1, implements to the extent stated
therein the provisions of Section 334(1) of the Act whereby the Board is
authorized to allow competitive rates to be acted upon prior to filing of the
required tariff. However, increases in competitive rates, or the cancellation
thereof which usually involves an increase in rates, are required by the Board's
regulations to be filed on thirty days' notice.
Under the provisions of Section 334(2) of the Act, which was enacted as
an amendment in 1951, the Board is empowered to require certain information
concerning competitive rate action, thereby implying that where the competitive
conditions justifying the issuance of a competitive rate do not exist, or have
substantially changed or ceased to exist, the Board may exercise its powers
under the Act, particularly Section 328, and direct such action as the Board
may deem necessary.
The Board has now received an application from the railways to amend
immediately Tariff Circular No. 1, (which is out of print and currently under-
going revision), to provide that competitive rates published and already in
effect may be amended or cancelled without notice to meet changes in com-
petitive conditions. Before giving consideration to this application, the Board
invites an expression of the views of interested parties and requests that they
be submitted in triplicate to the Secretary of the Board of Transport Commis-
sioners for Canada, Union Station Building, Ottawa, not later than March 15,
1960.
By Order of the Board,
C. W. RUMP,
Secretary.
ACCIDENTS REPORTED TO THE OPERATING DEPARTMENT
BOARD OF TRANSPORT COMMISSIONERS FOR CANADA,
DECEMBER, 1959.
Railway Accidents 151 Killed 4 Injured 164
Level Crossing Accidents 46 Killed 17 Injured 62
Total
197
21
226
Killed
Injured
Passengers
Employees
Others . . .
2
19
22
130
74
21
226
713
DETAILS OF THE ACCIDENTS AT HIGHWAY CROSSINGS
Killed Injured
Newfoundland
— 1 Automobile struck by train. Licence not given.
— 1 Auto truck ran into side of train. Licence: Nfld. C-13603.
New Brunswick
— 1 Automobile ran into side of train. Licence: NB 83-645.
— 1 Automobile ran into side of train. Licence: NB 1-174.
— 1 Auto truck struck by train. Licence: NB C-19483.
Quebec
1 — Auto truck ran into side of train. Licence: Que. FK-7295.
— 2 Automobile struck by train. Licence: Que. 768-687.
— 1 Automobile struck by train. Licence: Que. 310-674.
— 1 Auto truck ran into side of train. Licence: Que. FP-6354.
1 1 Auto truck struck by train. Licence: Que. L-131.
— 1 Automobile struck by train. Licence: Que. 474-928.
— 2 Automobile struck by train. Licence: Que. 468-119.
4 2 Automobile ran into side of train. Licence: Que. 765-669.
1 1 Automobile struck by train. Licence: Que. 535-258.
— 1 Auto truck struck by train. Licence: Que. FA-4122.
— 1 Auto truck ran into side of train. Licence: Que. N-44124.
2 — Automobile ran into side of train. Licence: Que. 430-870.
Ontario
— 1 Auto truck struck by train. Licence: Ont. 404-58-C.
— 1 Automobile struck by train. Licence: Ont. 896-503.
— 1 Automobile struck by train. Licence: Ont. 584-336.
— 1 Auto truck struck by train. Licence: Ont. A-46411.
— 1 Auto truck struck by train. Licence: Ont. 16781 -A.
— 1 Automobile ran into side of train. Licence: Ont. B-46292.
— 11 Auto bus struck by train.
— 2 Automobile struck by R.D. Car. Licence: Ont. H-53962.
— 2 Automobile skidded into side of train. Licence: Ont. C-54179.
— 1 Automobile struck by train. Licence: Ont. 969-295.
— 1 Automobile ran into side of train. Licence: Ont. 413-177.
2 — Automobile struck by train. Licence: Ont. L-17107.
— 1 Auto truck skidded into side of train. Licence: Ont. 13330- A.
— 1 Auto truck struck by train. Licence: Ont. 19-644-C.
— 1 Automobile struck by train. Licence not given.
— 1 Automobile ran into side of train. Licence: Ont. L-46431.
— 3 Automobile ran into side of train. Licence: Ont. 708-405.
1 2 Automobile struck by train. Licence: Ont. 654-522.
— 1 Automobile ran into side of train. Licence: Ont. 873-889.
— 1 Automobile ran into side of train. Licence: Ont. A-22710.
— 1 Automobile struck by train. Licence: Ont. 940-830.
Manitoba
1 1 Auto truck struck by train. Licence: Man. 76-414.
— 1 Automobile ran into side of train. Licence: Man. 7-K-ll.
— 1 Automobile ran into side of train. Licence: Man. 29-G-35.
714
Saskatchewan
— 1 Automobile struck by train. Licence: Sask. 78046.
— 1 Auto truck struck by train. Licence: Sask. F-55409.
Alberta
2 3 Automobile ran into side of train. Licence: Alta. HK-317.
1 1 Automobile struck by train. Licence: Alta. MA-618.
1 — Auto truck ran into side of train. Licence: Alta. 260-693.
Of the 46 accidents at Highway Crossings, 36 occurred at unprotected crossings,
10 at protected crossings, 25 after sunrise and 21 after sunset.
Ottawa, Ontario, February 1, 1960.
715
SUMMARY OF ORDERS ISSUED BY THE BOARD
100290 Jan. 21 — Authorizing the C.N.R. to operate under the overhead bridge in
Lot 26, Cone. 12, Twp. of Otonabee, Ont., Mileage 61.12 Campbell-
ford Subd.
100291 Jan. 22 — Approving tolls published in tariffs filed by the C.P.R. under section
8 of the Maritime Freight Rates Act.
100292 Jan. 22 — Authorizing the Alberta Department of Highways to reconstruct the
underpass which carries Highway No. 21 under the C.P.R. near
Alix, Mileage 74.6 Lacombe Subd.
100293 Jan. 22 — Relieving the C.P.R. from erecting right of way fencing on the west
side of its right of way between Mileages 25.3 and 25.9 Aldersyde
Subd., Alta.
100294 Jan. 22 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and Highway
No. 20, in the Parish of Ste. Rosalie, P.Q., Mileage 124.95 Drum-
mondville Subd.
100295 Jan. 22 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 44.28 Ste. Agathe Subd., P.Q.
100296 Jan. 22 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Nissouri, Ont., Mileage 106.5
Gait Subd.
100297 Jan. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Lacadie Station Road in Lacadie, P.Q., Mileage
18.67 Rouses Point Subd.
100298 Jan. 25 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Drummond Road, Twp. of Stamford, Ont.,
Mileage 1.91 Welland Subd.
100299 Jan. 25 — Requiring the C.N.R. to install automatic protection at crossing
of their railway and Highway No. 25 at Burlington, Ont., Mileage
1.36 Milton Subd.
100300 Jan. 25 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tions 3 and 8 of the Maritime Freight Rates Act.
100301 Jan. 25 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Hunt Club Road in Ottawa, Ont., Mileage 5.60
Prescott Subd.
100302 Jan. 25 — Requiring the C.N.R. to install and maintain a timing circuit to
minimize the unnecessary operation of the protection at crossing of
their railway and Clarkson Road, in Clarkson, Ont., Mileage 16.09
Oakville Subd.
100303 Jan. 25 — Authorizing the City of Montreal to reconstruct the subway at inter-
section of the C.N.R. and Wellington St. in Montreal, P.Q., Mileage
1.5 Hibernia Subd.
100304 Jan. 25 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Pitt Street, in Florence, N.S., Mileage 93.63 Sydney
Subd.
100305 Jan. 25 — Authorizing the Manitoba Department of Public Works to widen
Highway No. 18 where it crosses the C.N.R. at Ninette, Man.,
Mileage 12.57 Hartney Subd.
100306 Jan. 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Clover Bar, Alta., Mileage 165.2
Willingdon Subd.
100307 Jan. 25 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. west of Millikens, Ont., Mileage 52.85
Uxbridge Subd.
100308 Jan. 25 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Park St., west of station at Kitchener, Ont., Mileage
63.40 Brampton Subd.
716
100312
100313
100314
100315
100322
100323
100324
100325
100326
100327
100328
Jan. 26-
Jan. 26-
Jan. 26-
Jan. 26-
100309 Jan. 25 — Authorizing the C.N.R. to install signals on their Quibell Subd., Ont.
100310 Jan. 25 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100311 Jan. 26 — Authorizing the Municipality of Metropolitan Toronto to reconstruct
the subway carrying Avenue Road under the C.P.R. and C.N.R. at
Mileage 2.6 North Toronto Subd. of the C.P.R.
-Authorizing the C.N.R. to remove the Caretaker at Jarrow, Alta.
-Authorizing the City of Valleyfield, P.Q., to construct Alexander
Street across the C.N.R.
Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
-Amending Order 99111 which authorized the installation of flashing
light signals at crossing of the C.N.R. and Ridge Road in Ridgeway,
Ont., Mileage 9.04 Dunnville Subd.
100316 Jan. 27 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Central Avenue (Sutherland) in Saskatoon, Sask.,
Mileage 109.78 Sutherland Subd.
100317 Jan. 27 — Approving plan submitted by the C.N.R. showing the relocation of
their main line between Ansell and Bickerdike, Alta., between
Mileage 4.79 and Mileage 8.67 Brule Subd., and authorizing the
construction of the said relocated line of their railway.
100318 Jan. 27 — Authorizing the Municipal District of Wheatland No. 40, Alta., to
construct the highway across the C.P.R. between Sees. 20 and 29,
Twp. 25, Rge. 24, W.4M., Mileage 54.9 Irricana Subd.
100319 Jan. 27 — Authorizing the C.N.R. to operate under the temporary overhead
trestle over their track at Mileage 2.24 Strathroy Subd., Ont.
100320 Jan. 27 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and County Road No. 5 in Claremont, Ont., Mileage
74.17 Peterboro Subd.
100321 Jan. 27 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at Wabowden, Man., Mileage 136.40 Wekusko
Subd.
-Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Acme., Alta., Langdon Subd.
-Authorizing the Co. of Athabasca No. 12, Alta., to construct the
highway across the N.A.R. at Mileage 76.6 Lac La Biche Subd.
-Authorizing the removal of the speed limitation at the crossing
of Myrtle Ave. and the C.P.R. in Yorkton, Sask., Mileage 26.13
Wynyard Subd.
-Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R., Mileage 142.23 Margo Subd., Sask.
-Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and Price Brothers and Com-
pany Limited.
-Authorizing the C.N.R. to remove the Caretaker at Goodwater, Sask.
-Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to widen Highway No. 4 across the C.N.R. at Mileage 49.53
Elrose Subd.
100329 Jan. 28 — Approving proposed flammable liquid storage facilities of Canadian
General Transit Company at Emery, Ont., Mileage 8.38 MacTier
Subd.
100330 Jan. 28 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Swan River, Man., Mileage 98.48 Cowan Subd.
100331 Jan. 28 — Approving proposed flammable liquid storage facilities of Drake
Co-Operative Assoc. Limited at Drake, Sask., Lanigan Subd.
Jan. 27-
Jan. 27-
Jan. 27-
Jan. 27-
Jan. 28
Jan. 28
Jan. 28
717
100332 Jan. 28 — Imposing a speed restriction on the C.N.R. at the crossing of
Theodore Ave. in Montreal, P.Q., Mileage 8.87 Longue Pointe Subd.
100333 Jan. 28 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Climax, Sask., Notukeu Subd.
100334 Jan. 28 — Authorizing the C.N.R. to make changes in the protection installed
at the crossing of their railway and Main St. in Palmerston, Ont.,
Mileage 0.20 Owen Sound Subd.
100335 Jan. 28 — Imposing a speed restriction at the crossing of The Midland Rly.
Company of Manitoba and McPhillips St. in the City of Winnipeg,
Man.
100336 Jan. 28 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 1.95 Keewatin Subd., Town of Kenora, Ont.
100337 Jan. 28 — Authorizing the removal of the speed limitation at the crossing of
Royal Street (Highway No. 3) and the C.N.R. in Sorel, P.Q., Mileage
45.45 Sorel Subd.
100338 Jan. 29 — Relieving the C.P.R. from erecting right of way fencing on the
south side of its right of way between Mileage 57.1 and Mileage
57.8 Carberry Subd., Man.
100339 Jan. 29 — Approving clearances on the C.P.R. siding serving the Borden Com-
pany Limited in Ingersoll, Ont., at Mileage 9.97 St. Thomas Subd.
100340 Jan. 29 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Section 3 of the Maritime Freight Rates Act.
100341 Jan. 29 — Authorizing the Manitoba Dept. of Public Works to widen Highway
No. 59 where it crosses the C.N.R. in the Village of Tolstoi, Mileage
51.74 Ridgeville Subd.
100342 Jan. 29 — Authorizing the C.N.R. to construct an extension of their siding
across the unopened road allowance at Mileage 33.12, and across the
highway at Mileage 32.08 Wabamun Subd., Alta.
100343 Jan. 29 — Declaring the crossing of North Alarton St. and the C.N.R. in the
Twp. of Toronto, Ont., Mileage 15.27 Brampton Subd., to be a
public crossing.
100344 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Strathclair, Man., Mileage 27.4
Bredenbury Subd.
100345 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
Gilmore Ave. and the Great Northern Rly. Co. in Burnaby, B.C.
100346 Jan. 29 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 26.17 St. Agathe Subd.,
P.Q.
100347 Jan. 29 — Requiring the C.P.R. to install automatic protection at the crossing
of their railway and Walkley Road, in Ottawa, Ont., Mileage 0.35
Sussex St. Subd.
100348 Jan. 29 — Extending the time within which the C.N.R. are required to install
automatic protection at the crossing of their railway and 50th
Street in Vegreville, Alta., Mileage 57.1 Vegreville Subd.
100349 Jan. 29 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Kalar Road, in Welland, Ont., Mileage 4.02
Welland Subd.
100350 Feb. 1 — Approving revisions to tariffs filed by the British Columbia Tele-
phone Company.
100351 Feb. 1 — Rescinding Order No. 56104 which approved the location of facili-
ties of Cities Service Oil Co. Limited, for the handling and storage
of flammable liquids in the C.P.R. Company's yards at Owen Sound,
Ont.
100352 Feb. 1 — Authorizing the C.P.R. to close as an Agency its station at Hoyt,
N.B.
718
100353 Feb. 1 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Sedgewick, Alta., Wetaskiwin Subd., C.P.R.
100354 Feb. 1 — Authorizing the removal of the speed limitation at the crossing of
Onondaga Township Road and the C.N.R. at Mileage 71.0 Dunnville
Subd, Ont.
100355 Feb. 1 — Authorizing the City of Calgary, Alta., to widen 12th Street East
where it crosses the C.P.R.
100356 Feb. 1 — Approving operation of the C.P.R. over the private siding serving
Dymer Plastics Limited in Lambton Park, Alta, Mileage 169.6
Willingdon Subd.
100357 Feb. 1 — Authorizing the Manitoba Dept. of Public Works to widen the high-
way where it crosses the C.P.R. at Mileage 66.74 Glenboro Subd.
100358 Feb. 1 — Authorizing the C.P.R. to construct a reinforced concrete lining in
the tunnel at Mileage 71.3 Princeton Subd, B.C.
100359 Feb. 1 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Bateman, Sask, Gravelbourg Subd, C.N.R.
100360 Feb. 1 — Approving flammable liquid storage facilities of the C.N.R. at
Niagara Falls, Ont, Grimsby Subd.
100361 Feb. 1 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and the intersection of Brookfield Road and Junction
Ave. in Ottawa, Ont, Mileage 3.54 Prescott Subd.
100362 Feb. 1 — Authorizing the City of Ste. Foy, P.Q, to construct Church St.
across the C.N.R. at Mileage 1.04 Champlain Subd.
100363 Feb. 1 — Authorizing the City of Ste. Foy, P.Q, to construct the highway
across the C.N.R. at Mileage 0.46 Champlain Subd.
100364 Feb. 1 — Granting the issuance of a Licence No. C.T.C. (W.T.) 364 to
Canada Steamship Lines Limited.
100365 Feb. 1 — Amending Order No. 99800 which authorized the installation of
automatic protection at the crossing of Clarke Side Road and the
C.P.R, north of Dundas St, Ont, Mileage 110.62 Gait Subd.
100366 Feb. 1 — Authorizing the Township of Etobicoke, Ont, to construct Six Point
Road across the industrial track of the C.P.R. in part of Lot 13,
First Meridian Cone.
100367 Feb. 1 — Authorizing the C.N.R. to make changes in the protection at the
crossing of their railway and County Road, south of Moorefield,
Ont, Mileage 65.67 Fergus Subd.
100368 Feb. 1 — Authorizing the C.P.R. to relocate the signals at the crossing of
its railway and Islington Ave. in Toronto, Twp. of Etobicoke, Ont..
100369 Feb. 2 — Requiring the C.P.R. to install automatic protection, in lieu of the
existing protection, at the crossing of its railway and Beaubien St,
in Montreal, P.Q, Mileage 5.42 Park Avenue Subd.
100370 Feb. 2 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100371 Feb. 2 — Approving tolls published in tariffs filed by the C.N.R. under Section
3 of the Maritime Freight Rates Act.
100372 Feb. 2 — Approving operation of the C.N.R. over the private siding serving
the Simcoe Leaf Tobacco Company Ltd, at Mileage 73.54 Cayuga
Subd, Ont.
100373 Feb. 2 — Authorizing the C.P.R. to construct an extension of its siding in
the Twp. of Pickering, Ont, Mileage 87.48 Oshawa Subd.
100374 Feb. 3 — Approving tolls published by the Canadian Freight Assoc. under
Sections 3 and 8 of the Maritime Freight Rates Act.
100375 Feb. 3 — Authorizing the Town of Senneterre, P.Q, to construct the high-
way across the C.N.R. at Mileage 135.14 Oskalaneo Subd.
100376 Feb. 3 — Approving operation of the C.N.R. over the four private sidings
which cross the diversion of No. 10 Side Road in the Twp. of North
Oxford, Ont.
719
100377 Feb. 3 — Authorizing the C.N.R. to remove the caretaker at Gowanstown,
Ont.
100378 Feb. 3 — Amending Order No. 89293, re apportionment of cost of relocating
Highway No. 3 across the C.P.R. at Mileage 86.0 to a point west of
the overhead bridge at Mileage 88.88, and the construction of a
pedestrian crossing at Mileage 86.84, all in Boundary Subd.
100379 Feb. 3 — Granting a licence to Canada Steamship Lines Limited, under Sec-
tion 10 of the Transport Act.
100380 Feb. 3 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Roosevelt Ave., Ottawa, Ont., Mileage 1.96
Carleton Place Subd.
100381 Feb. 3 — Approving flammable liquid storage facilities of Assiniboia Co-
operative Assoc. at Assiniboia, Sask., C.P.R.
100382 Feb. 3 — Approving flammable liquid storage facilities of Manitou Lake
Co-Operative Assoc. Limited at Neilburg., Sask., C.P.R.
100383 Feb. 3 — Approving flammable liquid storage facilities of British American
Oil Company Limited at Cranbrook, B.C., Mileage 98.4 Cranbrook
Subd., C.P.R.
100384 Feb. 3 — Approving flammable liquid storage facilities of North Star Oil
Limited at Baldwinton, Sask., Lloydminster Subd., C.P.R.
100385 Feb. 3 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at St. James, Man., C.N.R.
100386 Feb. 3 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Imperial, Sask., Colonsay Subd., C.P.R.
100387 Feb. 3 — Approving flammable liquid storage facilities of Imperial Oil
Limited at St. Michael, Alta., Willingdon Subd., C.P.R.
100388 Feb. 3 — Approving flammable liquid storage facilities of North Star Oil
Limited at Andrew, Alta., Willingdon Subd., C.P.R.
100389 Feb. 5 — Amending Order No. 97788 in the matter of reflective markings on
the sides of railway cars.
100390 Feb. 4 — Rescinding Order 73328, which approved the location of facilities
of Imperial Oil Limited for the handling and storage of flammable
liquids near the C.P.R. at Gadsby, Alta.
100391 Feb. 4 — Approving application of Canada Steamship Lines Limited for a
licence under section 10 of the Transport Act.
100392 Feb. 4 — Approving revisions to tariffs filed by the British Columbia Tele-
phone Company.
100393 Feb. 4 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100394 Feb. 4 — Authorizing the Manitoba Department of Public Works to widen
the highway where it crosses the C.P.R. at Mileage 42.5 Napinka
Subd.
100395 Feb. 4 — Authorizing the C.P.R. to remove the caretaker at Algoma, Ont.
100396 Feb. 4 — Approving the abandonment of operation of the C.N.R. of their
Lake St. Joseph Branch of the Batiscan Subd., P.Q.
100397 Feb. 4 — Authorizing the C.N.R. to close within the limits of their right of
way the existing crossing of the railway and the highway at Mileage
64.8 Sangudo Subd., Alta.
100398 Feb. 4 — Amending Order No. 99298, re apportionment of cost of improving
the approach grade at the crossing of the C.N.R. and Brimley Road,
Mileage 324.22 Oshawa Subd., Ont.
100399 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
Munro St. and the C.P.R. in Renfrew, Ont., Mileage 59.05 Chalk
River Subd.
The Queen's Printer and Controller of Stationery, Ottawa, 1960
ftfje Poarb of
®ran£port Commts&tonerg for Canaba
Judgments, Orders, Regulations and Rulings
Vol. XLIX OTTAWA, MARCH 15, 1960 No. 24
This publication is issued fortnightly, on the 1st and 15th of each month. Annual subscrip-
tion, $3.00; single numbers, 20 cents; in quantities, 25 per cent discount. Remittances should be
made to the Queen's Printer, Ottawa, by postal money order, express order or accepted cheque.
The use of currency for this purpose is contrary to the advice of the postal authorities and
entails a measure of risk. Postage stamps, foreign money or uncertified cheques will not be
accepted. No extra charge is made for postage on documents forwarded to points in Canada
and in the United States, but cost of postage is added to the selling price when documents are
mailed to other countries. Early application should be made for copies in quantities. Sub-
scriptions should be sent, in every case, to the Queen's Printer, Ottawa.
Authorized as Second Class Mail, Post Office Department, Ottawa.
In the matter of the application, as amended, of Upper Lakes Shipping Limited
for a licence under Part II of the Transport Act to transport goods ( other
than goods in bulk) by water, initially on unscheduled service, from any
port or place on the Great Lakes to any other port or place on the Great
Lakes.
File 42076.22
Heard at Ottawa, November 16 and 17, 1959.
Before:
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Appearances:
John M. Godfrey, Q.C., and Roger G. Doe for Upper Lakes
Shipping Limited.
Hazen Hansard, Q.C., for Canada Steamship Lines Limited.
K. D. M. Spence, Q.C., and A. J. Alliston for Canadian Pacific
Railway Company.
E. D. Angers for Canadian National Railways.
JUDGMENT
By the Board:
The Upper Lakes and St. Lawrence Transportation Company Limited
(now the Upper Lakes Shipping Limited and hereinafter referred to as "the
applicant" or "Upper Lakes") made application to the Board on August 19,
1958 for a water-transport licence covering the carriage of skelp and other
steel products from Hamilton, Ontario, to Fort William and Port Arthur, Ontario,
81422-8—1
721
722
and to other ports or places on the Great Lakes*, for the account of Dominion
Foundries and Steel Limited (ordinarily referred to as "Dofasco"). The said
application was in respect of seven vessels out of a fleet of thirty-four operated
by the applicant and the accompanying written submissions stated that it was
not intended to carry any general package freightf in opposition to any other
steamship line, nor to operate on any definite schedule. Submissions in opposi-
tion thereto were subsequently received from the Canada Steamship Lines
Limited, the Canadian National Railways and the Canadian Pacific Railway
Company and, following a request from the Board for the applicant's further
submissions with respect to those made by the railways, solicitors for the
applicant advised the Board on December 30, 1958 that they had been instructed
to prepare submissions which would be forwarded in the near future.
In May of 1959, the Board learned that the applicant was desirous of
furnishing a general package freight service on the Great Lakes, instead of a
service restricted to the carriage of skelp and other steel products, and drew
the attention of the applicant to the provisions of subsections 2 of Section 5 of
The Transport Act, 1938 (chapter 53 of the Statutes of 1938) as amended by
chapter 25 of the Statutes of 1944. This subsection, popularly referred to as
the "grandfather rights" clause, does not appear in the 1952 consolidation of
the Transport Act although it has not been repealed. Under its provisions, the
Board is required to accept satisfactory proof of certain facts as evidence of
public convenience and necessity and to issue a licence accordingly. Since the
said subsection was unrepealed and several vessels operated by Upper Lakes
had originally qualified thereunder in 1939, the Board advised the applicant
that it was also prepared to consider any submission it might care to make with
respect to the issuance of a water-transport licence under the terms of subsection
2 of Section 5 for such of its vessels that could qualify thereunder.
The application now before us, as amended August 10, 1959, is for a licence
under Part II of the Transport Act, R.S.C. 1952, c. 271, to transport goods,
(other than "goods in bulk", as defined in the Act), by water on eleven of the
applicant's vessels, initially on unscheduled service between all ports or places
on the Great Lakes, and it is submitted by the applicant that the proposed
service is and will be required by present and future public convenience and
necessity. In the case of six of the vessels, the applicant submits that the pro-
visions of unrepealed subsection 2 of Section 5 of The Transport Act, 1938, apply
and that a case for public convenience and necessity has been made out.
The amended application is supported by Dofasco and is opposed by the
Canada Steamship Lines, the Canadian National Railways, the Canadian Pacific
Railway Company and Northwest Steamships Limited. The last-named company,
however, did not appear at the hearing to substantiate by evidence the state-
ments made in its written submission.
*The term "Great Lakes" is defined in Section 2(1) (e) of the Transport Act as "Lakes Ontario,
Erie, Huron, (including Georgian Bay) , and Superior, and their connecting waters, and includes
the St. Lawrence River and its tributaries as far seaward as the west end of the Island of
Orleans".
fThe term "package freight" is not referred to, or defined, in the Transport Act. As used
colloquially in shipping circles, it usually means goods in packages, as distinguished from bulk.
The Act, however, defines certain goods as "goods in bulk" for the purposes of the Act as follows:
"2. (l)(d). 'goods in bulk' means the following goods laden or freightened in ships, and
except as herein otherwise provided, not bundled or enclosed in bags, bales, boxes, cases, casks,
crates or any other container:
(i) grain and grain products, including flour and mill feeds in bulk or in sacks,
(ii) ores and minerals (crude, screened, sized, refined or concentrated, but not otherwise
processed), including ore concentrates in sacks, sand, stone and gravel, coal and coke,
liquids,
(iii) pulpwood, woodpulp, poles and logs, including pulpwood and woodpulp in bales, and
(iv) waste paper loaded as full ship's cargo, iron and steel scrap and pig iron."
723
The eleven vessels in respect of which licences are sought are as follows:
Official
Register
Gross
Vessel Name
No.
Tonnage
1.
Brown Beaver
, , 160721
1,892
2.
Grey Beaver
160722
1,892
3.
L. A. McCorquodale
(formerly Ralph Budd) . .
. . 154862
4,537
4.
James B. Eads
153126
3,865
5. Blue River 155295
6. John Ericsson 154863
7. R. Bruce Angus 192769
8. James Norris 178247
9. Gordon C. Leitch 178248
10. Frank A. Sherman 189894
11. Seaway Queen 311399
1,817
3,650
11,815
12,463
12,460
15,157
16,063
Licences previously issued
under Transport Act or the
1938 Act
To Upper Lakes for each year
from 1939 to 1955 inclusive.
To Norris Steamships Limited
for the years 1939 and 1940;
to Upper Lakes for each
year from 1941 to 1943
inclusive.
To Blue Line Motorships
Limited for the years 1939
and 1940; to Upper Lakes
for each year from 1941 to
1943 inclusive.
Not previously licensed.
Although the amended application is for a licence to transport package
freight in a general service on the Great Lakes, counsel for the applicant stated
at the outset of the hearing that the applicant was not trying to get into the
package freight business as such but desired to carry only certain types of goods
which it contended could be carried more conveniently and more economically
in bulk-freight vessels. Witnesses for the applicant submitted evidence only with
respect to the carriage of two kinds of goods: (1) iron and steel articles,
(consisting principally of skelp from Hamilton to Fort William-Port Arthur,
destined to Regina, Sask., and Edmonton, Alta.; plates, strips and bars from
Hamilton to Fort William-Port Arthur, destined to western Canada; and tinplate
from Hamilton to Montreal), and (2) cement from Clarkson, Ontario, to Fort
William-Port Arthur. All such goods are subject to the provisions of the Act.
The general traffic manager of Dofasco stated that his company was
interested in saving handling and loading costs and referred to the general trend
towards larger packages or shipping units that could be manipulated more
economically than smaller ones. Coils of skelp weighing up to ten tons each
had been shipped by water by Dofasco and it was anticipated that even larger
units would be shipped in the future. All shipments via Canada Steamship
Lines were picked up by that carrier's trucks at the Dofasco plants, generally
between the normal working hours of 8:00 a.m. to 5:00 p.m. (although service
outside such hours had been provided on request) and the cost of pick-up and
of loading vessels was included in the carrier's freight rates. It was stated that
coils of skelp up to six tons were side-loaded into vessels at Canada Steamship
Lines' Hamilton dock by means of fork-lift trucks, but that coils of greater
weight were handled by the carrier over the Weaver Coal Company's dock and
loaded through top hatches using a crawler derrick and a "C" hook.
Dofasco's traffic manager described the operation of the ore bridges at his
company's dock and stated that skelp could be loaded by such bridges at an
estimated rate of 120 tons per hour, compared with a maximum rate of 75 tons
per hour for the type of crawler derrick used by Canada Steamship Lines.
724
Shipments of ore to Dofasco were transported almost exclusively in Upper
Lakes' vessels and, if the applicant were granted a licence, Dofasco would
load skelp into these vessels at the same time that ore was being discharged
at its dock. In addition to the skelp movement, it would be possible to load the
applicant's vessels with tin plate to Montreal, three or four packages or
integrated skids being banded together for the purpose of sling-loading by the
ore bridges.
He stated that the shipment of outbound materials in the vessels of the
applicant would permit Dofasco to even out peaks and valleys in its shipping
operations by enabling it to move skelp to its dockside at the most convenient
time, ordinarily from midnight to about 4:00 a.m. This in turn would eliminate
the need for a highway transport marshalling yard which, it was stated, Dofasco
would have to build in some central location in order to secure control of truck
pick-ups at its plants. In this connection, he stated that, in addition to the truck
pick-ups made by Canada Steamship Lines, a majority of sales were made on
an f.o.b. plant basis under which customers insisted on highway transport for
the movement of a substantial amount of outbound material.
All Dofasco's shipments to date on the Great Lakes and St. Lawrence
River have been carried by the Canada Steamship Lines and there was no
suggestion at the hearing that this carrier had failed at any time to furnish
whatever service had been requested. Under cross-examination, the traffic
manager agreed that the need for a truck marshalling yard at Dofasco's plants
was a result of that company's growth; that vessels of the Canada Steamship
Lines of the same size as Upper Lakes' ore vessels could be physically loaded at
Dofasco's dock by means of the ore bridges, except that Dofasco required the
use of its dock space for unloading coal and ore; and that the loading of skelp
concurrently with the discharge of ore had not yet been done. In response to a
question from the Board as to what other advantages Dofasco expected to gain
from the use of Upper Lakes' vessels, he replied that he felt his company could
obtain a lower rate on skelp to the Lakehead from the applicant which, combined
with the rail rate beyond, would materially reduce the through rate to western
Canada.
Evidence with respect to the volume of Dofasco's shipments was given by
its secretary and comptroller who stated that approximately 75,000 tons of iron
and steel products had been shipped to western Canada during 1958, of which
over 50,000 tons consisted of skelp. Detailed figures of shipments by type of
carrier were later supplied to the Board on a privileged basis. The skelp shipped
to western Canada is used in the manufacture of steel pipe for oil and gas
lines and the witness stated that, although the demand for pipe varied from
year to year, surveys indicated that it would increase considerably over the next
few years. Reference was also made to rising costs in the steel industry and to
the competition being experienced from other producers; a mill now being
built at Regina would compete for the supply of skelp to the Prairies and
offshore competition at Montreal was currently quoting as much as $4.00 per
ton lower than Dofasco's prices. He stated that he believed that Dofasco could
ship more cheaply to Montreal via the Upper Lakes Company; that it was
possible to load its vessels in one hold as the other holds were being unloaded;
and that it made good sense to use every possible facility to meet the competition
being experienced.
The traffic manager of the applicant introduced, as Exhibits 3 and 4,
copies of bills of lading covering respectively a shipment of newsprint paper
on the "Grey Beaver" from Quebec City, Que., to Chicago, 111., on April 28,
1937, and a shipment of caustic soda in drums on the "Blue River" from
Sandwich, Ont., to Port Alfred, Que., on October 20, 1936. Such exhibits were
later referred to in argument by counsel in connection with the present effect
725
of unrepealed subsection 2 of Section 5 of The Transport Act, 1938, the so-called
"grandfather rights" clause.
The current operations of the Upper Lakes' bulk-freight vessels were
described as: (a) the carriage of ore upbound to Hamilton from Seven Islands,
Quebec City and Contrecoeur, Que., and downbound to Hamilton from Port
Arthur and Michipicoten, Ont., from Two Harbors and Duluth, Minn., from
Marquette, Mich., and from Superior, Wise; (b) the carriage of grain from
Fort William-Port Arthur and from Duluth, Minn.; (c) the carriage of coal
from Lake Erie ports to Fort William; and (d) the carriage of cement in bulk
from Clarkson, Ont., to Fort William, Ont., and also to Monroe, Mich. As to these
movements, the applicant appeared to believe that licences under the Act were
not required for the carriage of cement, but the Board drew the attention of
applicant's counsel to the definition of "goods in bulk" set out in subsection
1(d) of Section 2 of the Transport Act and pointed out that the carriage of
bulk cement between points in Canada in the area of the Great Lakes was not
exempt from the provisions of the Act.
The applicant's traffic manager stated that almost all Upper Lakes' vessels
made empty return trips to the Head of the Lakes and that the question . of
whether or not a return cargo was available was possibly the most important
factor to be considered in establishing a freight rate for any commodity. He also
expressed the opinion that loading and unloading times were very essential
considerations in ratemaking. Most of the evidence submitted by this witness
dealt with the rates it was proposed to establish on iron and steel articles and
will be referred to later in this judgment.
Witnesses for the Canada Steamship Lines and the railways stated that their
companies had carried substantial quantities of Dofasco's skelp and other
products and that they were willing and able to transport any further Dofasco
traffic that was likely to be offered in the forseeable future.
The Vice-President — Traffic of the Canada Steamship Lines stated that his
company had never declined to carry any size roll of skelp; that it was in a
position to work at other than normal hours to facilitate Dofasco shipments;
and that its current service ex Hamilton to the Head of the Lakes of five
vessels per week could be supplemented, if necessary, from its present fleet.
He pointed out that his company also had unlicensed bulk freighters that had
empty return trips and that the proposal to make shipments from Dofasco's
dock involved a dock which it was admitted could not be made available to the
public generally.
Counsel for the Canadian Pacific filed a privileged statement with the
Board showing the combined tonnages of skelp, and of other iron and steel
commodities, shipped by Dofasco and other producers from Hamilton to western
Canada via water transport and via railway during 1958 and the period
January 1, 1959 to October 31, 1959, and stated that the railways handled about
80 °r of the annual tonnage.
The Rate Situation
In answer to questions by the Board as to the level of rates for the proposed
service, the Applicant stated that a rate of $1.50 per net ton, or 1\ cents per 100
lbs., from Hamilton to the Head of the Lakes on iron and steel articles, including
skelp, and on the same articles, with the addition of tinplate, to Montreal had
been discussed. This rate would be a net rate to the boat-line, as the shipper
would load the goods on the vessel at the shipper's dock in Hamilton, and the
unloading at the Head of the Lakes, or Montreal, would be perfomed by or at
the expense of the shipper or consignee.
81422-8—2
726
The Applicant, in evidence, also referred to a rate of 80 cents per net ton,
or 4 cents per 100 lbs., which it had been applying on cement, in bulk, from
Clarkson, Ontario, to the Head of the Lakes, and which it would also publish.
Both the proposed rate on iron and steel articles and the going rate on
cement, of $1.50 and 80 cents per ton, respectively, are said by the applicant to
be based upon carriage by a vessel which would otherwise be returning empty,
it being stated that there was no real cost of operation for the carriage of such
freight, and it was argued that any cargo of this nature would produce- addi-
tional revenue without cost, or very little cost, to the operator of the vessel.
Counsel for the Canada Steamship Lines, which is opposing the application,
argued that any person or company seeking a licence to operate a general
package freight service should provide such service on all goods and to all
persons if it received a licence, and assume all obligations of a common carrier
in respect of such service, instead of being permitted to pick up one or two
individual commodities for a single shipper and carry them at what he termed
a "salvage rate" to the detriment of other carriers of the same articles which
are providing a general service on all goods.
There is no obligation under the Transport Act for any water carrier to
carry all freight governed by the Canadian Freight Classification, and it was
ruled by the Board in the case of the Wilcan Shipping Corporation Limited,
46 J.O.R. & R. 33, that the exclusive carriage of an individual commodity (such
as automobiles) by a vessel licensed only for that purpose was proper under
the Act without undertaking to carry all commodities. It may also be noted
that the Yankcanuck Steamship Company (which was referred to at the
hearing), operating out of Sault Ste. Marie, Ontario, to ports and places on the
Great Lakes and St. Lawrence River, as denned in the Act, is licensed by the
Board to carry only specified iron and steel articles, for which it publishes a
standard freight tariff and a special freight tariff under Part III of the Transport
Act. It does not hold itself out to carry all classes of goods specified in the
Canadian Freight Classification.
Under the circumstances, the Board, if licences are permitted to the
applicant, may confine such licences to the articles which the applicant desires
to carry.
The serious question which would then arise is whether the suggested rates,
on the level proposed by the Applicant, would be just and reasonable. In
determining that question, in addition to all other considerations, a special
duty is laid upon the Board by Section 3 of the Transport Act, as follows:
"It is the duty of the Board to perform the functions vested in the
Board by this Act and by the Railway Act with the object of co-ordinating
and harmonizing the operations of all carriers engaged in transport by
railways and ships and the Board shall give to this Act and to the Railway
Act such fair interpretation as will best attain the object aforesaid."
The "operations" of carriers engaged in transport include, of necessity,
the making of rates and the publishing of such rates. Freight rates must be
just and reasonable and non-discriminatory in all respects, both to the shipper
and the carrier, and one of the criteria of such rates is that they shall not be
unreasonably high nor unreasonably low. In the latter case it has also been
ruled by the Board that its power extends to the prevention of destructive
competition between the types of carriers subject to its jurisdiction, and
particularly when the unduly low rate is made on the basis that the carrier
would otherwise move empty. At the time when the air carriers were subject
to the Board's jurisdiction it adjudicated upon such a case where one air carrier
had reduced its rate by approximately 30 per cent. (In the matter of the local
passenger fare by aircraft between Edmonton and McMurray, Alta., 52 CRTC
727
321). Both another competing air carrier and the railway serving the same
points objected to the reduction because of its detrimental effect on their opera-
tions. In that case the Board said, on the same point as raised by this applicant:
"We cannot ignore the suggestion that as aircraft must be brought into
Edmonton for company convenience the revenue to be derived from a sub-
normal fare, made in competition with railway service, is preferable to
none at all.
If tolls were based upon such factors it would wreak untold havoc in
the rate structures, create discriminations between persons and localities
and, in short, would be diametrically opposed to the equality provisions of
the Act. No such justification can be accepted in this case as our duty to
enforce reasonable and non-discriminatory rates applies alike to rail and
air."
The Board disallowed the reduction and prescribed a higher minimum fare,
although not as high as the original fare.
It is a fallacious theory that traffic costs nothing to carry when added to a
ship or a freight train which has empty capacity, and should therefore be
charged practically nothing for the service. In the case of a vessel returning
light westbound from a lower lake port to the Head of the Lakes, after carrying
a cargo of iron ore or grain eastbound, it is obvious that the rate paid on the ore
or grain includes the cost of carrying such cargo eastbound and the cost of
moving the ship empty westbound. The applicant proposes to use this circum-
stance to favour a particular shipper by carding westbound traffic of skelp at
a destructively low rate in competition with the package freight lines now
operating on the Great Lakes, and the railways, and to create unjust discrimina-
tion against all other shippers who could not use the applicant's proposed
service. It was made quite clear at the hearing that the particular shipper
who could use the proposed service, would not permit its private dock to be
used by other parties for a general package freight service, nor even for the
same limited service.
While it is true that the public is entitled to the benefits of the inherent
advantages of each type of transportation, at the same time rates based upon
such advantages must not be applied only in favour of one shipper nor be
brought about by fallacious economics. It would be equally fallacious to
suggest that the rates on iron and steel articles from Hamilton to Fort William-
Port Arthur should be made on a high basis which would include the cost of
moving the vessel empty from Fort William to Hamilton, and then carry the
ore or grain eastbound for nothing, or practically nothing. Each commodity
should bear its proper rate for transportation.
The proportional rate on iron and steel articles by water from Hamilton
to the Head of the Lakes, made on the normal basis of ratemaking, is 88 k cents
per 100 lbs. The applicant proposes to cut this to 7£ cents per 100 lbs., a reduc-
tion of approximately 92%. This extremely low rate, in spite of the applicant's
theory that traffic added to an empty vessel costs nothing to carry, is to be
subject to minimum lots of not less than 3,000 tons at one time. While the
proposed rate is exclusive of loading or unloading, there was no evidence given
as to whether the rate included any allowance for insurance, overhead, taxes,
profit, or return on investment. In the absence of evidence to the contrary, the
Board must assume that the proposed rate on iron and steel articles includes
none of these factors, and is therefore not related to true costs in any way. All
of the factors enumerated must be taken into consideration in determining a
just and reasonable rate. In addition, as previously stated, the Board is charged
with the duty of harmonizing both the water rates and the rail rates. It would
not harmonize the rates to reduce one of them by 92%.
81422-8— 2J
728
With a reduction of 92 per cent in the water rate, it is easy to see what
would happen to the present water and all-rail traffic, if the applicant were
permitted to publish the rate proposed from Hamilton to the Head of the Lakes.
The situation that would result would be that the Canada Steamship Lines, the
Canadian National Railways and the Canadian Pacific Railway would have
none of this traffic in the period of open navigation; in fact, Counsel for the
applicant stated that this might well be the result. The proposed service would,
therefore, be a competitive one and not a complementary one. Yet the applicant
admits that it needs the services of the railways to carry this traffic from the
Head of the Lakes to Regina and Edmonton to complete the transportation to
destination. If these low lake rates were in time extended to include other
articles, on a fallacious "no cost" basis, the railways would eventually have
very little freight traffic between points on the competing water route on which
to exist during the season of navigation.
As to the suggestion of Counsel for the applicant that if the proposed water
rate from Hamilton to the Head of the Lakes brought about a reduction in the
through lake-and-rail rates, the applicant would be willing to join in such
through rates based upon the water factor proposed: it is not likely from their
opposition in this case that the railways would join in any such rates, and they
cannot be compelled to do so. There is no provision in the Transport Act requir-
ing joint through rates between the independent water carriers and the railways.
By "independent" is meant water carriers who are not owned by or operated
as part of a railway company, or otherwise within Section 341 (3) of the
Railway Act.
The Board has not available any comparisons with respect to rates on
cement and must, therefore, await the filing of such rates by the applicant,
upon receipt of which the reasonableness of the rates will be investigated.
These matters are set forth by the Board so that the applicant and the
shippers of steel products and cement will be fully aware that rates must be
just and reasonable, not unreasonably low and not unjustly discriminatory.
The Question of Public Convenience and Necessity
Under the provisions of Section 11, Part II of the Transport Act, "no goods
.... shall be transported by water .... by means of any ship other than a
ship licensed under this Part", and by subsection 5 of Section 10 the Board is
required to "issue a licence .... upon being satisfied that the proposed service
is and will be required by the present and future public convenience and
necessity, and unless the Board is so satisfied no licence shall be issued".
Section 5 of the Act requires the Board to "determine whether public conveni-
ence and necessity require such transport, and in so determining the Board may
take into consideration, inter alia,
"(a) any objection to the application that may be made by any person
or persons who are already providing transport facilities, whether by rail
or water, on the routes or between the places that the applicant intends to
serve, on the ground that suitable facilities are or, if the licence were
issued, would be in excess of requirements, or on the ground that any of
the conditions of any other transport licence held by the applicant have not
been complied with;
(b) whether or not the issue of such licence would tend to develop the
complementary rather than the competitive functions of the different forms
of transport, if any, involved in such objections;
(c) the general effect on other transport services and any public
interest which may be affected by the issue of such licence; and
(d) the quality and permanence of the service to be offered by the
applicant and his financial responsibility . . . ."
729
The substance of Section 5, quoted above, appeared as subsection 1 of
Section 5 of the original statute (Chapter 53 of the Statutes of 1938) which
also contained subsection 2 requiring the Board, notwithstanding anything con-
tained in subsection 1, to accept satisfactory proof of certain facts as evidence
of public convenience and necessity and to issue a licence accordingly. The.
present effect of subsection 2, however, will be dealt with later herein.
In determining whether a proposed service is and will be required by
present and future public convenience and necessity, the Board is not restricted
to the considerations set out in Section 5 of the Act. In the present application,
the Board has taken all such considerations into account in arriving at its
determination.
The argument of counsel for the applicant with respect to public conveni-
ence and necessity placed the major stress upon the alleged benefits to the
public that would flow from the establishment of lower freight rates on particu-
lar commodities by the Upper Lakes Company and this has been fairly fully
set forth above in our consideration of the rate situation. Both railways and the
Canada Steamship Lines are opposed to the granting of a licence on the grounds
that their services are now, and will be, adequate and suitable for the trans-
portation of such commodities and there was no indication at the hearing that
these carriers did not, or could not, perform the service for which a licence is
now requested.
We are of the opinion that the proposed service would be competitive with
existing transport services involved in the objections made to the granting of
the application and we cannot sustain the applicant's contention that it would
complement such services. We consider that the general effect of the issuance
of a licence as requested, with the implementation thereof proposed by the
applicant, would tend to seriously disrupt the existing rate structure and services
to the detriment of a much wider public interest than advanced by the applicant.
The So-called "Grandfather Rights" Clause
The provisions of subsection 2 of Section 5 of The Transport Act, 1938, as
amended by Chapter 25 of the Statutes of 1944, read as follows:
"(2) Notwithstanding anything contained in subsection one of this
section, if evidence is offered to prove, —
(a) that at any time during the period of twelve monthe next preced-
ing the coming into force of the relevant Part of this Act on, in or
in respect of the sea or inland waters of Canada, or the route
between specified points or places in Canada or between specified
points or places in Canada and specified points or places outside of
Canada, or the part of Canada to which the application for a
licence relates, the applicant was bona fide engaged in the business
of transport, whether in bulk or otherwise, and
(b) that such ship for which such licence is sought was at any time
during the period of ten years next preceding the coming into
force of this Act used for the transport of goods other than goods
in bulk, and
(c) That the applicant was during such period using ships for the
purpose of such business,
the Board shall, if satisfied with such proof, accept the same as evidence of
public convenience and necessity and issue a licence accordingly; Provided,
however, that a ship temporarily out of service during the period of twelve
months aforesaid shall nevertheless be deemed to have been in use during
such period."
730
Subsection 2, the so-called "grandfather rights" clause, was not included
in the 1952 consolidation of the Statutes although it has not been repealed.
Counsel for the applicant contended in his written submissions that six
of the vessels described in the amended application had qualified under the
provisions of unrepealed subsection 2 and that consequently a case for public
convenience and necessity had been made out with respect thereto. Although
evidence of qualification under subsection 2 was submitted at the hearing with
respect to two only of such vessels, the Board's records show that the following
vessels in the amended application qualified thereunder:
Official
Register
Vessel Name No.
1. Brown Beaver 160721
2. Grey Beaver 160722
3. Ralph Budd (now
L. A. McCorquodale) 154862
4. James B. Eads 153126
Board Order re licences under
Gross Section 5, subsection 2, of The
Tonnage Transport Act, 1938
1,892 1
1,892 Order No. 57491, dated May
. 25, 1939, in re application
J of Upper Lakes and St.
Lawrence Transportation
Co. Ltd.
3,865 Order No. 57495, dated May
25, 1939, in re application of
Norris Steamships Limited.
5. Blue River 155295 1,770 Order No. 57493, dated May
(now 25, 1939, in re application
1,817) of Blue Line Motorships
Limited.
The sixth vessel, the "John Ericsson", has never been licensed by the
Board and no evidence as to qualification under subsection 2 was submitted at
the hearing.
Each of the three Board Orders listed above contains the following recita-
tion: "AND WHEREAS the Applicant has established proof, to the satisfaction
of the Board, of its right to a licence, pursuant to Section 5, subsection 2 of the
said Act . . .".
Similar orders were issued under the "grandfather rights" clause in 1939
in respect of ships of Canada Steamship Lines and a number of other companies
then operating ships on the Great Lakes. The Board's practice in respect of
licensing those ships thereafter was to license or renew the licence of each
of the ships upon application therefor, each year, under the "grandfather rights"
clause, on the strength of proof furnished and on record with the Board in
support of the application for the initial licence. A departure from that practice
occurred in 1956 when, because of continued absence of the carriage of goods
other than goods in bulk, the application for licences by Upper Lakes was not
granted and the applicant did not press its right thereto.
Counsel for the Canada Steamship Lines argued that unrepealed subsection
2 was a transitional provision that could not be interpreted as entitling the
applicant to invoke its terms some twenty years after its enactment, where the
licences had not been used and had not been renewed by the Board in 1956
because of non-use, and that any position the applicant may have obtained
under the "grandfather rights" clause was lost because it had allowed its
licences to lapse. Counsel for the applicant conceded that licences could be lost,
since they are yearly licences, but contended that entitlement thereto continued
and could not be lost; that there was nothing in the Act to indicate that sub-
section 2 was a transitional provision and, under paragraph (b) of the sub-
section, the rights ran with the vessel and not with the applicant; that, if the
731
Board were satisfied that a ship had carried goods (other than goods in bulk)
at any time during the ten years preceding the coming into force of the Act,
then that would constitute evidence of public convenience and necessity and
it would be mandatory to issue a licence; that even a single voyage carrying
goods subject to the Act during the ten year period specified in paragraph (b)
would qualify a ship under subsection 2; and that paragraph (b) was not
restricted to voyages between Canadian ports but merely stated that a ship for
which a licence was sought had to be used for the transport of goods (other than
goods in bulk). With respect to paragraph (a), specifying a period of twelve
months during which an applicant must have been bona fide engaged in the
business of transport, it was argued that this necessarily qualified paragraph (c)
and limited the period referred to therein to one of twelve months.
The extent of the directions and the duration of the provisions contained in
subsection 2 are matters of construction. Although the matter of interpretation
of subsection 2 presents some difficulties, the Board does not find any language
in the subsection, or elsewhere in the Act that, as applied to the subject matter,
either expressly or impliedly sets any time limit to the application of its
provisions. In our opinion, subsection 2 is still in full force and the Board cannot,
in effect, engraft on the subsection a new qualification limiting its provisions or
terminating the right to a licence through neglect to exercise the right or because
of a lapse in the issuance of licences. If, therefore, an applicant for a licence
under its provisions furnishes to the Board evidence to prove the facts enumer-
ated in the said subsection, it is mandatory upon the Board, if satisfied with
such proof, to accept the same as evidence of public convenience and necessity
and to issue a licence accordingly.
Under the provisions of subsection 2, which have been quoted in full above,
the three facts required to be proven are briefly as follows:
(a) that the applicant was bona fide engaged in the business of transport,
whether in bulk or otherwise, "at any time during the period of twelve
months next preceding the coming into force of the relevant Part of
this Act" in respect of the inland waters, etc.;
(b) that a ship for which a licence is sought was used for the transport of
goods other than goods in bulk "at any time during the period of ten
years next preceding the coming into force of this Act"; and
(c) "that the applicant was during such period using ships for the purpose
of such business."
Subsection 2 also contains a proviso that "a ship temporarily out of service
during the period of twelve months aforesaid shall nevertheless be deemed to
have been in use during such period."
It will be observed that paragraphs (a) and (c) refer to the applicant,
whereas paragraph (b) relates only to the ship for which a licence is sought.
Each paragraph and the proviso specifies a qualifying period of time, except
paragraph (c) which refers to "such period". The question then arises as to
what "such period" means — the period of ten years in paragraph (b) or the
period of twelve months in paragraph (a). In the context of paragraph (c),
"such period" is one during which the applicant was using ships for the purpose
of "such business", and this is clearly "the business of transport" referred to in
paragraph (a). The concluding proviso of subsection 2 also specifies a twelve-
month period in connection with the use of ships by an applicant. We consider
that the interpretation to be given to the words "such period", as used in
paragraph (c), is the period of twelve months mentioned in paragraph (a) and
the proviso is to be understood as relating to paragraph (c).
732
In order to qualify under the "grandfather rights" clause of the Act there-
fore, it must be proved to the satisfaction of the Board:
(1) In respect of the applicant: that he was bona fide engaged in the busi-
ness of transport as defined in the Act, whether in bulk or otherwise, at any-
time during the period of twelve months next preceding the coming into force
of the relevant Part of the Act, in respect of the inland waters, etc., and that
he was using ships, as defined in the Act, during such period for the purpose of
such business, provided that ships temporarily out of service during such period
shall nevertheless be deemed to have been in use during such period; and
(2) In respect of a ship for which a licence is sought: that such ship was
used for the transport of goods other than goods in bulk (even for one voyage
and not necessarily by the applicant) at any time during the period of ten
years next preceding the coming into force of the Act.
FINDINGS
The only public convenience and necessity that in our opinion has been
established for the transport service proposed by the applicant is the public
convenience and necessity that was established in 1939 by the required proof
under subsection 2 of Section 5 of The Transport Act, 1938:
(a) that the applicant, Upper Lakes Shipping Limited, was bona fide
engaged in the business of transport during the twelve months next
preceding January 15, 1939, the date on which Part II of The Transport
Act, 1938, was brought into force in respect of the Great Lakes by
Proclamation of the Governor-in-Council dated January 4, 1939,
pursuant to Order-in-Council P.C. 3269, dated January 4, 1939;
(b) that the following five ships for which a licence is sought were used
for the transport of goods, other than goods in bulk, during the period
of ten years next preceding the coming into force of The Transport
Act, 1938, on July 1, 1938:
Official
Vessel Name Register No.
Brown Beaver 160721
Grey Beaver 160722
L. A. McCorquodale (formerly Ralph Budd) . . . 154862
James B. Eads 153126
Blue River 155295
(c) that the applicant was, during the period of twelve months next pre-
ceding January 15, 1939, using ships for the purpose of the business
of transport.
Consequently, the Board is prepared to issue a licence in respect of such five
ships, upon receipt of an application therefor by the applicant, but the issuance
thereof will of course carry with it the obligation to comply with all relevant
provisions of the Transport Act with respect to such matters as tariffs of tolls,
equality of application of tolls, and the affording to all persons and companies
all reasonable and proper facilities for the receiving, forwarding and delivery
of all traffic covered by the licence that may be offered for carriage.
ROD KERR
H. H. GRIFFIN
L. J. KNOWLES
Ottawa, March 3, 1960.
733
ORDER No. 100640
In the matter of the application, as amended, of Upper Lakes Shipping Limited
for a licence under Part II of the Transport Act to transport goods ( other
than goods in bulk) by water, initially on unscheduled service, from any
port or place on the Great Lakes to any other port or place on the Great
Lakes:
File No. 42076.22
Thursday, the 3rd day of March, A.D. 1960
Rod Kerr, Q.C., Chief Commissioner.
H. H. Griffin, Assistant Chief Commissioner.
L. J. Knowles, Commissioner.
Upon hearing the matter at Ottawa, on November 16 and 17, 1959, in the
presence of Counsel for the Applicant and for Canada Steamship Lines Limited,
Canadian Pacific Railway Company and Canadian National Railways, and
pursuant to the Judgment herein, dated March 3, 1960 —
It is hereby ordered as follows:
1. The application to licence the following ships:
Official
Vessel Name Register No.
John Ericsson 154863
R. Bruce Angus 192769
James Nor r is 178247
Gordon C. Leitch 178248
Frank A. Sherman 189894
Seaway Queen 311399
is dismissed.
2. The following ships:
Official
Vessel Name Register No.
Brown Beaver 160721
Grey Beaver 160722
L. A. McCorquodale (formerly Ralph Budd) 154862
James B. Eads 153126
Blue River 155295
will be licensed for the carriage of goods upon filing of an application by the
Applicant.
ROD KERR,
Chief Commissioner.
734
ORDER No. 100635
In the matter of the application of Northwest Steamships Limited for a licence
under section 10 of the Transport Act:
File No. 42076.2
Tuesday, the 1st day of March, A.D. 1960
A. Sylvestre, Q.C., Deputy Chief Commissioner.
L. J. Knowles, Commissioner.
Upon reading the submissions filed —
It is hereby ordered as follows:
Licence No. C.T.C. (W.T.) 367 is issued to Northwest Steamships Limited
for the year 1960, licensing the following ship:
Official Gross
Vessel Name Registry No. Tonnage
A. A. Hudson 148089 2,222
to transport goods by water between all ports or places in Canada, on Lakes
Ontario, Erie, Huron (including Georgian Bay) , and Superior, and their connect-
ing waters, including the St. Lawrence River and its tributaries as far seaward
as the west end of the Island of Orleans.
A. SYLVESTRE,
Deputy Chief Commissioner.
735
SUMMARY OF ORDERS ISSUED BY THE BOARD
100400 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
Daniel St. and the C.P.R. in Arnprior, Ont., Mileage 40.41 Chalk
River Subd.
100401 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
4th Avenue and the C.N.R. in Hope, B.C., Mileage 40.45 Yale Subd.
100402 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 168.21 Gananoque Subd.,
Ont.
100403 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
Highway No. 41 and the C.N.R. in Eganville, Ont., Mileage 74.96
Renfrew Subd.
100404 Feb. 4 — Authorizing the removal of the speed limitation at the crossing of
Roosevelt Ave. and the C.P.R. in Westboro, Ont., Mileage 1.96
Carleton Place Subd.
100405 Feb. 4 — Authorizing the Twp. of Scarborough, Ont., to construct New Hymus
Road across the two industrial tracks of the C.N.R. in Lot 33, Cone.
"C", west of Warden Ave., Twp. of Scarborough.
100406 Feb. 4 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection, at the crossing of their railway and Glenburnie
Road (Division St.) in Kingston, Ont., Mileage 173.89 Gananoque
Subd.
100407 Feb. 5 — Approving tolls published in tariffs filed by the Canadian Freight
Association under section 3 of the Maritime Freight Rates Act.
100408 Feb. 5— Rescinding Order No. 99838, of November 30, 1959, and approving
By-Law No. 3695 of the City of Oshawa, Ont.
100409 Feb. 5 — Authorizing the B.C. Department of Highways to construct the high-
way across the C.P.R. by means of an overhead bridge at Mileage
3.40 New Westminster Subd.
100410 Feb. 5 — Approving plan submitted by the Town of Victoriaville, P.Q., show-
ing details of the proposed additional traffic lane to carry Notre
Dame St. across the C.N.R. at Mileage 55.32 Danville Subd.
100411 Feb. 5 — Approving temporary liquefied petroleum gas loading facilities of
Progas Limited at Acheson, Alta., C.N.R.
100412 Feb. 5 — Approving proposed flammable liquid bulk storage facilities of
North Star Oil Limited at Camrose, Alta., Wetaskiwin Subd., C.P.R.
100413 Feb. 5 — Approving flammable liquid bulk storage facilities of White Fox
Co-Operative Association Limited at White Fox, Sask., C.P.R.
100414 Feb. 5 — Rescinding Order 88391 which approved the location of facilities of
Anco Fertilisers Limited for the handling and storage of flammable
liquids near the N.Y.C. Railroad Co. at Leamington, Ont.
100415 Feb. 5 — Rescinding Order No. 83276 which approved the location of facilities
of Midwest Lumber Company Limited for the handling and storage
of flammable liquids near the N.Y.C. Railroad Co. at Windsor, Ont.
100416 Feb. 5 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada Limited, at Shawinigan, P.Q., C.P.R.
100417 Feb. 5 — Approving flammable liquid storage facilities of Imperial Oil
Limited at St. Jerome, P.Q., C.P.R.
100418 Feb. 5 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Carstairs, Alta., C.P.R.
100419 Feb. 5 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 89.96 Shuswap Subd., B.C.
100420 Feb. 5 — Approving tolls published in tariffs filed by the Canadian Freight
Association under Sections 3 and 8 of the Maritime Freight Rates
Act.
100421 Feb. 5 — Approving operation of the C.P.R. over the private siding serving
W. J. Gage Company and Grant, Atkinson and Blair in the City
of St. James, Man.
100422 Feb. 5 — Approving operation of the C.P.R. over the private siding serving
Imperial Oil Limited in Red Deer, Alta.
736
100423 Feb. 5 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 12, South of Port McNicoll, Ont.,
Mileage 70.38 Midland Subd.
100424 Feb. 5 — Authorizing the C.P.R. to operate over the subway at Mileage 20.815
Rossland Subd., B.C.
100425 Feb. 8 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to construct Highway No. 2 across the C.N.R. by means of an
overhead bridge at Mileage 0.2 Paddockwood Subd., Sask.
100426 Feb. 8 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in Bedford, N.S., Mileage 10.32 Bedford
Subd.
100427 Feb. 8 — Authorizing the removal of the speed limitation at the crossing of
the C.P.R. and the highway near Leduc, Alta., Mileage 112.21
Roadley Subd.
100428 Feb. 8 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 4.21 Chandler Subd., P.Q.
100429 Feb. 8 — Authorizing the Township of Etobicoke, Ont., to construct a side-
walk across the C.P.R. at Montgomery Road, at Mileage 8.35 Gait
Subd.
100430 Feb. 8 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. near Golden, B.C., Mileage 165.8 Lake
Windermere Subd.
100431 Feb. 8 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Carberry, Man., C.P.R.
100432 Feb. 8 — Approving proposed flammable liquid storage facilities of Chees-
man Air Service at Port Arthur, Ont., C.N.R.
100433 Feb. 8 — Authorizing the Ontario Department of Highways to construct a
highway diversion across part of Lot 23, Lots 24, 25 and 26 in
Range 3, Township of Pickering, Ont., C.N.R.
100434 Feb. 8 — Authorizing the C.N.R. to operate under the overhead bridge carry-
ing Kempt Road over their railway at Fairview, in the City of
Halifax, N.S., Mileage 4.9 Bedford Subd.
100435 Feb. 8 — Authorizing the C.N.R. to operate over the temporary trestle at
Mileage 2.24 Strathroy Subd., Ont.
100436 Feb. 9 — Approving the protection as installed at crossing of the C.N.R.
and Finch Ave. at Mileage 11.65 Newmarket Subd.
100437 Feb. 9 — Authorizing the C.N.R. to construct an extension of their siding
across King St. in the Village of Entwistle, Alta., Mileage 67.28
Wabamun Subd.
100438 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
D'Arcy St. and the C.N.R. in Cobourg, Ont., Mileage 263.4 Oshawa
Subd.
100439 Feb. 9 — Approving operation of the C.P.R. over the private siding serving
the City of St. James, Man.
100440 Feb. 9 — Approving tolls published in tariffs filed by the C.N.R. under Sec-
tion 3 of the Maritime Freight Rates Act.
100441 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Prescott, Ont., Mileage 49.73
Prescott Subd.
100442 Feb. 9 — Authorizing the C.N.R. to construct a public pedestrian walkway on
the bridge over St. Remi Street subway in the City of Montreal,
P.Q.
100443 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. in Manotick, Ont., Mileage 12.30
Prescott Subd.
100444 Feb. 9 — Authorizing the removal of the speed limitation at the crossing of
St. Paul Range Road and the C.N.R. in Joliette, P.Q., Mileage 2.3
l'Assomption Subd.
100445 Feb. 9 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
737
100446 Feb. 10 — Authorizing the C.P.R. to install an automatic interlocking in lieu
of the mechanical interlocking at crossing of its railway and the
C.N.R. at DeBeaujeu, P.Q., Mileage 35.4 Winchester Subd.
100447 Feb. 10 — Approving flammable liquid storage facilities of Shell Oil Company
of Canada, Limited at Grand Forks, B.C., C.P.R.
100448 Feb. 10 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Yellow Creek, Sask., C.N.R.
100449 Feb. 10 — Requiring the C.N.R. to install protection at the crossing of their
railway and Frederic St. in the Town of Acton Vale, P.Q., Mileage
22.38 St. Hyacinthe Subd.
100450 Feb. 10 — Requiring the C.N.R. to install protection at the crossing of their
railway and Market Street in the Town of Acton Vale, P.Q., Mileage
22.18 St. Hyacinthe Subd.
100451 Feb. 10 — Requiring the C.N.R. to install protection at the crossing of their
railway and St. Andre Boulevard, in Acton Vale, P.Q., Mileage 22.10
St. Hyacinthe Subd.
100452 Feb. 10 — Authorizing the C.P.R. to make changes in the protection at the
crossing of its railway and Regent St. in Sudbury, Ont., Mileage 0.96
Webbwood Subd.
100453 Feb. 10 — Authorizing the removal of the speed limitation at the crossing of
Regent St. and the C.P.R. in the City of Sudbury, Ont., Mileage 0.96
Webbwood Subd.
100454 Feb. 10 — Authorizing the Alberta Department of Highways to construct the
highway across the C.N.R. at Mileage 97.5 Sangudo Subd.
100455 Feb. 10 — Requiring the C.N.R. to install automatic protection at the crossing
of Highway No. 541 and the C.N.R. in Garson, Ont., Mileage 4.33
Sudbury Terminal Subd.
100456 Feb. 10 — Authorizing the C.N.R. to install two cantilever type signals, two
short arm gates and one bell, in lieu of the existing manually con-
trolled gates at the crossing of their railway and Main St. in
Glencoe, Ont.
100457 Feb. 10 — Authorizing the City of Estevan, Sask., to construct 13th Ave. across
the C.P.R. by means of an overhead bridge at Mileage 137.4 Portal
Subd.
100458 Feb. 10 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Ariss, Ont., Mileage 38.0 Goderich
Subd.
100459 Feb. 10 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Pierson, Man., Mileage 72.8 Estevan
Subd.
100460 Feb. 10 — Authorizing the removal of the speed limitation at the crossing of
Jackman Road and the C.N.R. in St. Cesaire, P.Q., Mileage 33.93
Granby Subd.
100461 Feb. 10 — Authorizing the removal of the speed limitation at the crossing
of Highway No. 1 and the C.N.R. in Granby, P.Q., Mileage 50.29
Granby Subd.
100462 Feb. 10 — Requiring the C.N.R. to install automatic protection at the crossing
of the C.N.R. and Highway No. 4 at Mileage 49.53 Elrose Subd.,
Sask.
100463 Feb. 10 — Authorizing the C.P.R. to construct a temporary diversion of its
main line track to permit the construction of a grade separation in
the vicinity of Lawrence Ave. West, at Mileage 3.63 MacTier Subd.
100464 Feb. 10 — Approving proposed crude petroleum loading facilities of Gibson
Petroleum Company Limited at Kipling, Sask., C.N.R.
100465 Feb. 10 — Requiring the C-N.R. to close, within the limits of their right of
way, the vehicular crossing at Cartier Street and their railway in
the Village of Casselman, Ont., Mileage 104.50 Alexandria Subd.
100466 Feb. 10 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Carlyle, Sask., C.P.R.
738
100467 Feb. 10 — Authorizing Consolidated Sand and Gravel Ltd. to construct a
material conveyor across and over the C.N.R. in the Town of Paris,
Ont., Mileage 31.36 Dundas Subd.
100468 Feb. 11 — Amending Order No. 90758, re the relocation of plants and equip-
ment of utility companies to permit construction of the subway
at crossing of Wellington St. and the Algoma Central & Hudson
Bay Rly. Co., in the City of Sault Ste. Marie, Ont.
100469 Feb. 11 — Amending Order No. 95800 re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and County Road
No. 28, West of Kinburn, Ont., Mileage 28.34 Renfrew Subd.
100470 Feb. 11 — Authorizing the C.N.R. to operate under the overhead bridge at
Stewiacke, N.S., Mileage 46.35 Bedford Subd.
100471 Feb. 11 — Amending Order No. 96526, which authorized the British Columbia
Electric Company Limited to construct two gas mains across the
C.P.R. at Mileage 124.71 Cascade Subd., B.C.
100472 Feb. 12 — Authorizing the British Columbia Electric Company Limited to
construct a gas main across and over the C.N.R., by affixing it to
the Point Ellice Bridge, in the City of Victoria, B.C.
100473 Feb. 12 — Authorizing the C.N.R. to relocate the crossing signal at the crossing
of their railway and Robert St. in the City of North Battleford,
Sask.
100474 Feb. 12 — Authorizing the C.P.R. to remove the interlocking plant at the
junction of its Drummondville and Sherbrooke Subds. at Foster,
P.Q.
100475 Feb. 12 — Authorizing the removal of the speed limitation at the crossing of
Mill St. and the C.N.R. in the Village of Windsor Mills, P.Q.,
Mileage 61.3 Sherbrooke Subd.
100476 Feb. 15 — Approving proposed crude petroleum loading facilities of Gibson
Petroleum Company Ltd., at Kinuso, Alta., N.A.R.
100477 Feb. 15 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Municipal Road east of Parkbeg, Sask., Mileage
34.5 Swift Current Subd.
100478 Feb. 15 — Authorizing the removal of the speed limitation at the crossing of
highway and the C.N.R. at Mileage 84.76 Tisdale Subd., Sask.
100479 Feb. 15 — Authorizing the Ontario Department of Highways to construct the
highway across the C.N.R. at Mileage 216.19 Oshawa Subd., Twp. of
Darlington.
100480 Feb. 15 — Relieving the C.P.R. from erecting right of way fencing on the
south side of its right of way between Mileage 11.50 and Mileage
13.52 Wilkie Subd., Sask.
100481 Feb. 15 — Authorizing the C.P.R. to construct and maintain an industrial
track in the Manchester Industrial Area, in the City of Calgary,
Alta., near Mileage 2.0 Macleod Subd.
100482 Feb. 15 — Relieving the C.P.R. from erecting right of way fencing along the
north side of its right of way between Mileages 40.05 and 40.54
White Fox Subd., Sask.
100483 Feb. 15 — Exempting the C.P.R. from erecting right of way fencing between
certain mileages on its Aldersyde Subd.
100484 Feb. 15 — Amending Order No. 100028, re apportionment of cost of installing
automatic protection at the crossing of the C.N.R. and Bouthillier
St. in the City of St. Jean, P.Q., Mileage 25.68 Rouses Point Subd.
100485 Feb. 15 — Requiring the C.P.R. to install automatic protection at the crossing
of its railway and Heron Road in Ottawa, Ont., Mileage 3.09
Prescott Subd.
100486 Feb. 15 — Authorizing the C.N.R. to relocate the crossing protection to allow
the widening of Cobequid Road where it crosses their railway at
Windsor Junction, N.S., Mileage 15.09 Bedford Subd.
100487 Feb. 15 — In the matter of the application of the British Columbia Telephone
Company for an Order approving the amount, terms and conditions
of the issue and sale, etc. of a certain number of its shares of
capital stock.
739
100488 Feb. 16 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Quebec Central Railway Company at Mileage
54.5 Megantic Subd., P.Q.
100489 Feb. 16 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
100490 Feb. 16 — Requiring the C.N.R. to close certain public crossings of the high-
way and their railway in the Twp. of Pickering, Twp. of Whitby
and the Town of Whitby.
100491 Feb. 16 — Relieving the C.P.R. from erecting right of way fencing along the
south side of its right of way between Mileages 56.6 and 57.1
Carberry Subd., Man.
100492 Feb. 16 — Authorizing the C.N.R. to remove the station agent at Bristol, P.Q.
100493 Feb. 16 — Authorizing the C.N.R. to operate under the overhead bridge carry-
ing Ava Road across their railway in the City of Brantford, Ont.,
Mileage 24.09 Dundas Subd.
100494 Feb. 16 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and Canadian International
Paper Company.
100495 Feb. 16 — Authorizing the Village of Innisfree, Alta., to construct a public
pedestrian walkway across the C.N.R. at Mileage 31.65 Vegreville
Subd.
100496 Feb. 17 — Authorizing the Ontario Dept. of Highways to construct the high-
way across the C.N.R. in the Twp. of Exton, Ont., Mileage 9.15
Kowkash Subd.
100497 Feb. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at second public crossing north of
Severn, Ont., Mileage 101.37 Newmarket Subd.
100498 Feb. 17 — Authorizing the B.C. Department of Highways to construct the
highway across the Esquimalt and Nanaimo Railway Company at
Mileage 77.03 Victoria Subd.
100499 Feb. 17 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Clarenville, Nfld., Mileage 130.04
St. John's Subd.
100500 Feb. 17 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and the Quebec-Telephone (Division
de l'Ouest).
100501 Feb. 17 — Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Quebec-Telephone (Region de
Kamouraska).
100502 Feb. 17 — Approving Supplement to Traffic Agreement between The Bell
Telephone Company of Canada and The Wright and Pontiac Tele-
phone Company (Incorporated).
100503 Feb. 17 — Approving tolls published in tariffs filed by the C.N.R. under
section 3 of the Maritime Freight Rates Act.
100504 Feb. 17 — Authorizing the C.N.R. to operate over the bridge crossing the
Oromocto River, N.B., Mileage 59.6 Centreville Subd.
100505 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Centre St. in the Town of Richmond Hill, Ont.,
Mileage 21.11 Bala Subd.
100506 Feb. 18 — Authorizing the City of St. John's, Nfld., to construct the highway
across the C.N.R. by means of an overhead bridge at Mileage 2.78
St. John's Subd.
100507 Feb. 18 — Authorizing the Sydney and Louisburg Rly. Company to remove
the Agent at Mira, N.S. and appoint a Caretaker.
100508 Feb. 18 — Requiring the C.N.R. to install improved protection at crossing of
the C.N.R. and Dollard St., in the Village of Casselman, Ont., Mileage
104.61 Alexandria Subd.
100509 Feb. 18 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing protection, at the crossing of the C.N.R. and Bridge St.
in the Village of Hastings, Ont.
740
100510 Feb. 18 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing protection, at the crossing of their railway and Keene
Road in Peterboro, Ont., Mileage 60.03 Peterboro Subd.
100511 Feb. 18 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection at the crossing of their railway and George and
Romaine Streets in Peterboro, Ont.
100512 Feb. 18 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in Ituna, Sask., Mileage 34.41 Touch-
wood Subd.
100513 Feb. 18 — Authorizing the City of St. John's, Nfld., to construct a public
pedestrian walkway by means of an overhead footbridge across the
C.N.R. in the City of St. John's, Mileage 2.58 St. John's Subd.
100514 Feb. 18 — Authorizing the City of St. John's, Nfld., to construct a road
diversion from Park Road, south of the railway track, across the
C.N.R. to the new location of Waterford Bridge Road, north of the
track, at Mileage 3.03 St. John's Subd.
100515 Feb. 18 — Requiring the C.N.R. to install automatic protection in lieu of the
existing protection at crossing of the C.N.R. and the highway west
of Lansdowne, Ont., Mileage 146.7 Gananoque Subd.
100516 Feb. 18 — Amending Order No. 94967, re apportionment of cost of recon-
structing the overhead bridge at the intersection of Victoria Park
Avenue and the C.P.R. in Lots 5 and 6, Cone. 1, Twp. of North York,
Ont., Munic. of Metropolitan Toronto.
100517 Feb. 18 — Requiring the C.N.R. to install automatic protection in lieu of the
present signals at the crossing of their railway and William St.
in Cobourg, Ont.
100518 Feb. 18 — Authorizing the Township of Harwich to improve the approach
grades where Indian Creek Road crosses the C. & O. Rly. Co.
between the Twp. of Harwich and the City of Chatham, Ont.
100519 Feb. 18 — Authorizing the N.S. Department of Highways to construct the high-
way across the C.N.R. by means of an overhead bridge at
Shubenacadie, N.S., Mileage 40.37 Bedford Subd.
100520 Feb. 18 — Authorizing the C.N.R. to reconstruct the bridge crossing Rice
Creek, Ont, Mileage 37.5 Minaki Subd.
100521 Feb. 18 — Authorizing the C.P.R. to operate under the overhead bridge at
Mileage 47.84 Shogomoc Subd., N.B.
100522 Feb. 18 — Approving tariff amendments filed by The Bonaventure and Gaspe
Telephone Co. Limited.
100523 Feb. 18 — Requiring the C.N.R. to install protection at the crossing of their
railway and the highway east of the station at St. Cecile, P.Q.,
Mileage 46.86 Alexandria Subd.
100524 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Brock St., Peterborough, Ont.
100525 Feb. 18 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Chandler, P.Q., C.N.R.
100526 Feb. 18 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Birch River, Man., C.N.R.
100527 Feb. 18 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at Terrace, B.C., C.N.R.
100528 Feb. 18 — Approving flammable liquid storage facilities of Imperial Oil
Limited at Winnipegosis, Man., C.N.R.
100529 Feb. 18 — Approving proposed flammable liquid storage facilities of Fisher
Branch Co-Operative Assoc., at Fisher Branch, Man., C.N.R.
100530 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of Boundary Road and their railway in the Town of Burlington,
Ont., Mileage 26.98 Oakville Subd.
100531 Feb. 18 — Authorizing the C.P.R. to remove the Agent and appoint a Care-
taker at Paradise Valley, Alta.
100532 Feb. 18 — Authorizing the removal of the speed limitation at the crossing of
the highway and the N.A.R. west of Morinville, Alta., Mileage 21.64
Edmonton Subd.
741
100533 Feb. 18 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 20.1 Springhill Subd., Co. of Colchester, N.S.
100534 Feb. 18 — Authorizing the removal of the speed limitation at the crossing of
the highway and the Nipissing Central Railway (the Ontario
Northland Rly.) at Evain, P.Q., Mileage 53.4 Kirkland Lake Subd.
100535 Feb. 18 — Authorizing the C.N.R. to operate over the private siding serving
the Atlas Construction Company Ltd., in the Village of St. Pierre,
P.Q.
100536 Feb. 18 — Requiring the C.P.R. to provide the necessary circuit for the
synchronization of the traffic signals on Highway No. 17 and Martin-
dale Road with the highway crossing signals at crossing of its
railway and Martindale Road in Sudbury, Ont., Mileage 1.56
Webbwood Subd.
100537 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Simcoe St. and their railway and Charlotte St.,
in the City of Peterborough, Ont.
100538 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Hunter St., in the City of Peterborough, Ont.
100539 Feb. 18 — Requiring the C.N.R. to install automatic protection at the crossings
of their railway and King St. and Sherbrooke St. in the City of
Peterborough, Ont.
100540 Feb. 18 — Authorizing the C.P.R. to discontinue passenger train service (trains
41 and 42) between Portage la Prairie, Man., and Wetaskiwin, Alta.
100541 Feb. 19 — Requiring the C.N.R. to install automatic protection in lieu of the
existing signal at the crossing of their railway and Reid St. in
Peterborough, Ont.
100542 Feb. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Highway No. 20 at St. Germain, P.Q., Mileage
107.9 Drummondville Subd.
100543 Feb. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Donegal St. in the City of Peterborough, Ont.
100544 Feb. 19 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Dalhousie St. in the City of Peterborough, Ont.
100545 Feb. 22 — Approving tolls published in tariffs filed by the Canadian Freight
Association under sections 3 and 8 of the Maritime Freight Rates
Act.
100546 Feb. 22 — Approving the temporary clearance to be in existence during the
construction of the Victoria Bridge diversion at Mileage 70.6 St.
Hyacinthe Subd., P.Q., C.N.R.
100547 Feb. 22 — Authorizing the City of Waterloo, Ont., to construct Seagram Drive
across the C.N.R. at Mileage 2.50 Elmira Branch of the Waterloo
Subd.
100548 Feb. 22 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and The Minto Rural Telephone
Company, Ltd.
100549 Feb. 22 — Approving Supplement to Service Station Contract between The
Bell Telephone Company of Canada and Price Brothers and Com-
pany Ltd.
100550 Feb. 23— Amending Order No. 99493, which authorized the Quebec Dept. of
Roads to relocate 5th Ave. (Highway No. 4) where it crosses the
C.N.R. at Ville St. Pierre.
100551 Feb. 23— Authorizing the City of Oshawa, Ont., to reconstruct and improve
the subway carrying Wilson Ave. under the C.P.R. at Mileage 70.5
Oshawa Subd.
100552 Feb. 23 — Rescinding Order No. 99506 and approving By-law No. 2904 of the
Corp. of the Township of Toronto, Ont.
100553 Feb. 23 — Requiring the C.N.R. to install automatic protection in lieu of the
existing signals at the crossing of their railway and Lyons Ave. in
the Township of York, Ont.
742
100554 Feb. 23 — Authorizing the Township of Bertie, Ont., to widen and improve the
approach grades where Prospect Point Road crosses the C.N.R. in
Ridgeway, Ont., Mileage 8.88 Dunnville Subd.
100555 Feb. 23 — Authorizing the C.N.R. to install two flashing light signals and one
bell, with modern circuits, in lieu of the existing signals, at the
crossing of their railway and Lansing Road in Oriole, Ont., Mileage
12.78 Bala Subd.
100556 Feb. 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway at first public crossing east of
station at Jordan, Ont.
100557 Feb. 23 — Authorizing the C.N.R. to operate under the overhead bridge at
Margaret Ave. in Kitchener, Ont., Mileage 62.4 Brampton Subd.
100558 Feb. 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Park St., Peterborough, Ont.
100559 Feb. 23 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and the highway just west of the station at Vine-
land, Ont., Mileage 18.93 Grimsby Subd.
100560 Feb. 23 — Approving proposed flammable liquid storage facilities of Imperial
Oil Limited at La Tuque, P.Q., C.N.R.
100561 Feb. 23 — Authorizing the C.N.R. to operate over the bridge crossing the stream
at Mileage 24.1 Yale Subd., B.C.
100562 Feb. 23 — Requiring the C.N.R. to install automatic protection at the crossing
of Brock St. in Uxbridge, Ont.
100563 Feb. 23 — Authorizing the B.C. Department of Highways to construct the high-
way across the C.P.R. by means of an overhead bridge in the City
of Kamloops, at Mileage 0.91 Thompson Subd.
100564 Feb. 23 — Authorizing The Toronto Harbour Commissioners to construct their
tracks along and across Queens Quay West and Rees St. in the City
of Toronto, Ont.
100565 Feb. 23 — Requiring the C.N.R. to stop all northbound trains immediately
before passing over the crossing of Gladstone Ave. and their railway,
in the City of Ottawa, Ont., Mileage 1.24 Chaudiere Branch.
100566 Feb. 23 — Authorizing the removal of the speed limitation at the crossing of
the C.N.R. and Sir Wilfrid Laurier Boulevard in St. Lambert, P.Q.,
Mileage 4.74 Rouses Point Subd.
100567 Feb. 24 — Amending Order 98447, re apportionment of cost of installing auto-
matic protection at the crossing of the C.P.R. and Highway No. 2
in Assinibois, Sask., Mileage 0.6 Shaunavon Subd.
100568 Feb. 24 — Authorizing the Quebec Dept. of Roads to widen the highway
where it crosses the C.N.R. in the Twps. of Wendover and Simpson,
at Mileage 91.77 Drummondville Subd.
100569 Feb. 24 — Authorizing the City of Lauzon, P.Q., to widen Caron St. where
it crosses the C.N.R. at Mileage 112.38 Montmagny Subd.
100570 Feb. 24 — Authorizing the C.P.R. to remove the station agent at Hurkett,
Ont., and appoint a caretaker.
100571 Feb. 24 — Authorizing the Manitoba Dept. of Public Works to relocate and
widen Highway No. 23 where it crosses the C.N.R. at Mileage 89.73
Carman Subd.
100572 Feb. 24 — Authorizing the C.N.R. to remove the caretaker at Red Pine
Station, N.B.
100573 Feb. 24 — Authorizing the Town of Burlington to construct a subway to carry
Guelph Road across and under the C.N.R. at Mileage 30.81 Oakville
Subd., Ont.
100574 Feb. 24 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 2.58 St. Quentin Subd., N.B.
100575 Feb. 24 — Authorizing the C.N.R. to operate under the overhead bridge at
Mileage 7.10 St. John's Subd., Nfld.
100576 Feb. 24 — Authorizing the C.N.R. to operate under the overhead bridge at
Port aux Basques, Nfld.
100577 Feb. 24 — Authorizing the C.N.R. to use and operate the bridge at Mileage
86.98 Albreda Subd., B.C.
743
100582 Feb. 25—
100583 Feb. 25—
100584 Feb. 25-
100578 Feb. 25 — Authorizing the C.P.R. to operate over the temporary diversion of
its main line track in the vicinity of Lawrence Avenue West, Munic.
of Metropolitan Toronto, Ont., Mileage 3.63 MacTier Subd.
100579 Feb. 25— Amending Order No. 98033, authorizing the Corp, of the Village of
St. Anselme, P.Q., to widen Pont Morrissette St. across the Q.C.R.
at Mileage 11.5 Levis Subd.
100580 Feb. 25 — Authorizing the C.N.R. to remove the agent at Ethel, Ont.
100581 Feb. 25 — Authorizing the Ontario Dept. of Highways to construct Highway
No. 401 across the C.N.R. at Mileage 8.4 Waterloo Subd (Gait
Branch) .
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.P.R. at Mileage 39.89 Ste. Agathe Subd.,
P.Q.
Approving Appendix to Traffic Agreement between The Bell Tele-
phone Company of Canada and Quebec-Telephone (Division de
l'Ouest).
Approving Appendix A to Traffic Agreement between The Bell
Telephone Company of Canada and Quebec-Telephone (Region de
Kamouraska) .
100585 Feb. 25 — Authorizing the C.P.R. to remove the station building at Waldemar,
Ont., Mileage 6.0 Teeswater Subd.
100586 Feb. 25 — Authorizing the Township of Humberstone to widen the highway
across the C.N.R. at Mileage 1.75 Humberstone Subd., Ont.
100587 Feb. 25 — Authorizing the County of Essex to improve the approach grades
at crossing of County Road No. 8 and the C.P.R. at Mileage 97.73
Windsor Subd., Ont.
100588 Feb. 25 — Authorizing the Ontario Dept. of Highways to construct the highway
across the C.N.R. at Mileage 17.29 Minaki Subd., Ont.
100589 Feb. 26 — Approving tolls published in Supplements to tariffs filed by the
Canadian Freight Assoc. under sections 3 and 8 of the Maritime
Freight Rates Act.
100590 Feb. 26 — Approving tolls published in tariffs filed by the C.N.R. under sec-
tion 3 of the Maritime Freight Rates Act.
100591 Feb. 26 — Dismissing application of the C.N.R. for authority to remove the
station agent and appoint a caretaker at Stoney Point, Ont.
100592 Feb. 26 — Approving plan submitted by the C.N.R. showing the protection as
installed at the crossing of their railway and Lawrence Ave. at
Downsview, Ont.
Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. in St. Pierre, P.Q., Mileage 83.01
Montmagny Subd.
Authorizing the removal of the speed limitation at the crossing of
Moira St. and the C.N.R. in Belleville, Ont., Mileage 221.1 Oshawa,
Subd.
100595 Feb. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at Mileage 95.73 Harte Subd., Man.
100596 Feb. 26 — Authorizing the removal of the speed limitation at the crossing of
the highway and the C.N.R. at first crossing south of Allandale,
Ont., Mileage 83.33 Milton Subd.
100597 Feb. 26 — Authorizing the C.N.R. to reconstruct the bridge crossing Inter-
urban Road and Colquits River at Mileage 2.4 Cowichan Subd.,
B.C.
100598 Feb. 26 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing signals, at crossing of their railway and Wellington St.,
Hamilton, Ont.
100599 Feb. 26 — Requiring the C.N.R. to install automatic protection at the crossing
of their railway and Argyle St., in Peterborough, Ont., Mileage
14.43 Lakefield Subd.
100600 Feb. 26 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing signals, at the crossing of their railway and Eastern
Avenue, in the City of Toronto, Ont.
100593 Feb. 26—
100594 Feb. 26—
744
100601 Feb. 26 — Authorizing the Saskatchewan Dept. of Highways and Transporta-
tion to widen Highway No. 16 where it crosses the C.N.R. at
Mileage 14.34 Glenavon Subd.
100602 Feb. 26 — Authorizing the Ontario Dept. of Highways to widen Highway No. 3
where it crosses the C.P.R. at Mileage 32.8 St. Thomas Subd.
100603 Feb. 26 — Authorizing the Town of Preston, Ont., to construct Russ Street
across the Grand River Rly. Company in their Town.
100604 Feb. 26 — Authorizing the B.C. Dept. of Highways to construct the highway
over the C.P.R. at Mileage 24.25 Cascade Subd.
100605 Feb. 26 — Requiring the C.N.R. to install automatic protection in lieu of the
present signals, at the crossing of their railway and Main St. in
Stouffville, Ont., Mileage 40.72 Uxbridge Subd.
100606 Feb. 26 — Approving revisions to tariffs filed by The Bell Telephone Company
of Canada.
100607 Feb. 26 — Requiring the C.N.R. to install automatic protection, in lieu of the
existing signals, at the crossing of their railway and Lansing Road,
west of the station at Agincourt, Ont., Mileage 55.63 Uxbridge Subd.
100608 Feb. 26 — Authorizing the N.B. Dept. of Public Works to relocate and widen
the highway where it crosses the C.N.R. at Mileage 47.21 Grand
Falls Subd.
100609 Feb. 26 — Authorizing the C.P.R. to remove the station building at Roderick,
Ont.
100610 Feb. 26 — Approving proposed flammable liquid storage facilities of North
Star Oil Limited at Cudworth, Sask., C.N.R.
100611 Feb. 26 — Authorizing The Bell Telephone Company of Canada to construct,
etc., its lines across, under and along the right of way of the New
York Central Railroad Company in the Parish of Ste. Cecile, P.Q.,
County of Beauharnois.
100612 Feb. 26 — Approving flammable liquid storage facilities of Prince Albert
Co-Operative Assoc. Limited at Prince Albert, Sask., C.N.R.
<Efje IBoat b of
®ran£port Commtesfonera for Canaba
INDEX TO VOL. XLIX
OF
JUDGMENTS, ORDERS, REGULATIONS AND RULINGS OF THE BOARD OF TRANSPORT COMMISSIONERS
FOR CANADA, FROM APRIL 1, 1959 TO MARCH 31, 1960
Subject Page
ABANDONMENT OF OPERATION
Canadian National Railways:
Irondale Subdivision: York River to Howland, Ont. ; Judgment 529
Order 99948 534
New York Central Railroad Co. :
Niagara branch; 10.46 miles between Church's Lane and terminus in Niagara-on-the-
Lake, Ont.; Judgment 652
St. Clair branch; St. Clair Jet., to Courtright, Ont.; Judgment 641
Order 100227 651
ACCIDENTS
(including highway- crossing accidents) :
Reported to Board
January, 1959 42
February, 1959 110
March, 1959 158
April, 1959 219
May; 1959 239
/June, 19$^. 361
A JttfyMW .TtSs.. 429
August/ 1959 X.. 461
X September,,,! 959 ... 517
/ October^^flPJ .K.y 582
November, 1959 .. . .A. 664
% December, 19$9J&/T. 712
^NiQCOUNTS y
Joint Projects/
prepa^ation^bf ; rules governing; General Order 850 499
RailwayGrade Crossing Fund :
preparation of; by public utility company re cost of relocation of plant; General
Order 844 213
preparation of; by road authority; General Order 845 215
Uniform Classification of Accounts:
communication systems of Class I railways; Order 98150 amending Order No. 96404. 174
ACME SHINGLE & LUMBER CO.
Interchange (track connection) :
At Tucks (Municipality of Richmond) and at Sussex Ave. (Municipality of Burnaby) ;
between tracks of Canadian National Railways and of Vancouver and Lulu
Island Railway (Canadian Pacific Railway Co.); application for Order directing;
Judgment 437
Order 99277 448
AGINCOURT, ONT.
Terminal Freight Yard :
Agincourt, Twp. of Scarborough, Ont.; proposed construction of by Canadian
Pacific Railway Company; Judgment 373
Order 99401 449
-/
84738-4—1
■2
Subject Page
AIR POLLUTION AND SMOKE CONTROL
Regulations:
General Order 838 15
ANHYDROUS AMMONIA
Storage facilities:
bulk storage; rules governing design, location, construction and operation;
General Order 842 197
BELL TELEPHONE CO.
Capital Stock:
issue and sale of; approval of by Order 97268 20
BRANCH LINE
Canadian Pacific Railway Co. :
authority to construct, maintain and operate; forming cross-connection between
the Peterboro and Oshawa Subdivision 1.36 miles in length;
Order 99401 449
BRIDGES
Fort William, Ont. :
over Kaministiquia River; apportionment of costs of reconstruction; Canadian
Pacific Railway Co; Order 97837. 140
St. Agathe, Que. :
at intersection of Canadian Pacific Railway's tracks and Highway 1 1 ; apportion-
ment of costs; Judgment 9
Order 97239 11
French version of Judgment and Order 12
Shawinigan Falls, Que. :
at intersection of St. Marc Street and Canadian National Railways' tracks; widening
of overhead bridge; Order 97719 109
Windsor, Ont.:
Sandwich, Windsor and Amherstburg Railway; costs of maintenance of bridge
over Canadian National Railways; Judgment 589
Order 100068 592
"BRIDGE" SUBSIDY— see TOLLS
BRITISH AMERICAN PIPELINE CO.
Oil pipeline:
construction of; vicinity of British Columbia-Alberta boundary; Order 97714 108
BRITISH COLUMBIA TELEPHONE CO.
Capital Stock:
issue and sale of; approval by Order 100487 711
CALGARY, ALTA.
Grade crossings:
construction of subway crossing and highway crossing; Canadian National Rail-
ways; Mileage 135.2 Drumheller subdivision; Judgment 35?
Order 98835 360
CANADA STEAMSHIP LINES LTD.
Licences:
water transportation for 1959 105
156
157
266
CANADIAN NATIONAL RAILWAYS
Abandonment of operation:
Irondale Subdivision; York River to Howland, Ont.; Judgment 529
Order 99948 534
3
Subject Page
CANADIAN NATIONAL RAILWAYS— concluded
Bridges:
Kitchener, Ont. ; reconstruction of; intersection of Wellington Street and trackage
at mileage 0.22 Bridgeport Spur; Judgment 656
Order 100279 662
Shawinigan Falls, Que.; at intersection of tracks and St. Marc Street; widening of
overhead bridge ; Order 97719 1 09
Commuter Service: (see also Passenger Train Service):
Application to discontinue between Quebec City and St. Joachim, P, Q. ; Judgment . . 51
French version of Judgment 69
Crossings, grade:
Calgary, Alta.; construction of subway crossing and highway crossing; mileage 135.2
Drumheller Subdivision; Judgment 357
Order 98835 i 360
Diversion of line:
Cornwall, Out., to Cardinal, Ont.; Judgment 122
Order 97836 125
Dorval, P.Q., to Lachine, P.Q. ; also overpass at 34th Ave., Lachine; Judgment. . . . 169
Order 97883 141
Order 981 15 amending 97883 173
Interchange (track connection):
At Tucks (Municipality of Richmond) and at Sussex Ave., (Municipality of
Burnaby); between Canadian National Railways and Vancouver and Lulu
Island Railway (Canadian Pacific Railway Co.); application for Order directing;
Judgment 437
Order 992 7 7 448
Overpass :
Kneehill, Municipal District of; Three Hills, Alta.; reconstruction of; Judgment. . . 571
Order 99943 579
Lachine, P.Q. ; 34th Avenue; Judgment 169
Order 97883 141
Order 98115 amending 97883 173
Passenger Train Service: (see also Commuter Service):
Discontinuance of; Hawkesbury, Ont.; to St. Eustache, P.Q. ; also Montreal, P.Q.,
to Hawkesbury; Judgment 678
Discontinuance of; Moncton, N.B., to Pointe du Chene, N.B.; Judgment 135
Order 97858 139
Protection at crossings :
Palmerston, Ont.; Main Street crossing; Judgment 673
Order 100334 677
Relocation of line: (see Diversion of Line):
CANADIAN PACIFIC RAILWAY CO.
Branch line:
Authority to construct, maintain and operate; forming cross-connection between
the Peterboro and Oshawa Subdivisions 1.36 miles in length; Order 99401 449
Bridges:
Fort William, Ont.; reconstruction of; over Kaministiquia River; apportionment
of costs ; Order 97837 140
St. Agathe, P.Q. ; at intersection of tracks and Highway 11, apportionment of costs;
judgment 9
Order 97239 11
French version of Judgment and Order 12
Closing of highway:
Bellamy Road; that part between right of way limits; Order 99401 449
Interchange (track connection) :
At Tucks (Municipality of Richmond) and at Sussex Ave., (Municipality of
Burnaby); between tracks of Canadian National Railways and of Vancouver
and Lulu Island Railway (Canadian Pacific Railway Co.); application for Order
directing; Judgment 437
Order 992 7 7 448
Passenger train service: (see also Train Service):
Discontinuance of; Ottawa, Ont., to Waltham, P.Q.; Judgment 277
Order 78749 279
Discontinuance of; Portage La Prairie, Man., to Wetaskiwin, Alta.; Judgment. . . . 688
Order 100540 707
84738-4— 1*
4
Subject Page
CANADIAN PACIFIC RAILWAY CO.— concluded
Railway-highway grade crossings:
Finch Avenue — Staine's Road, mileage 1.3 Oshawa-Peterboro connection; one
track at grade; Order 99401 449
Neilson's Road, mileage 0.6 Oshawa-Peterboro connection; one track at grade;
Order 99401 449
Scarboro Golf Club Road (not open), mileage 94.0 Oshawa Subdivision; one addi-
tional track at grade; Order 99401 449
Railway-highway grade separations:
Markham Road (Highway 48) ; mileage 94.5 Oshawa Subdivision ; overhead highway
bridge to cross eleven tracks; Order 99401 449
McCowan Road, mileage 87.3, Peterboro Subdivision; subway to carry three tracks;
Order 99401 449
McCowan Road, mileage 95.6, Oshawa Subdivision; subway to carry five tracks;
Order 99401 449
Subways:
Cremazie Blvd.; application of City of Montreal; Judgment 1
Order 97229 4
French version of Judgment and Order 5
McCowan Road, mileage 87.3, Peterboro Subdivision; to carry three tracks;
Order 99401 449
McCowan Road, mileage 95.6, Oshawa Subdivision; to carry five tracks; Order
99401 449
Terminal Freight Yard:
Agincourt, Twp. of Scarborough, Ont.; proposed construction of, Judgment 373
Order 99401 449
Train Service : (see also Passenger Train Service) :
Vancouver — Nelson — Medicine Hat; Judgment 593
Water- transport licence:
For 1960 663
CAPITAL STOCK
Bell Telephone Co. :
issue and sale of; approval by Order 97268 20
British Columbia Telephone Co. :
issue and sale of; approval by Order 100487 711
CARS, RAILWAY
Reflective markings:
Judgment re marking sides of railway cars 129
Order 97788 134
Supplementary Judgment re marking sides of railway cars 684
Order 100389 687
CHARGES— See TOLLS
CIRCULARS
280:
Temporary loading and unloading facilities for flammable liquids and compressed
gases 381
281:
Applications made by railway companies for permission to remove station agents,
etc 610
282:
Maritime Freight Rates Act — Import Traffic '. . 611
283:
Amendment or cancellation of competitive rates on less than thirty days' notice .... 712
CLASSIFICATION
Express:
approval of Supplement 12 to Express Classification No. 9 265
Express and Freight
Regulations; re submission to the Board; amendment of General Order 695 by
General Order 839 18
5
Subject Page
CLASSIFICATION OF ACCOUNTS
Uniform Classification :
Communication systems; Class I common carriers by railway; Order 98150 amend-
ing Order 96404 174
COMMUTATION FARES
Increase in:
suspension of tariffs by Order 97316 40
judgment in re 471
Order 99642 495
French version of judgment and Order 535
COMMUTER SERVICE
Canadian National Railways:
application to discontinue between Quebec City and St. Joachim, P.Q. ; Judgment. 51
French version of Judgment 69
COMPRESSED GASES
Temporary loading and unloading facilities:
compressed gases and flammable liquids; application for approval of; guide in
preparation of; Circular 280 381
COOPER, E.E.
Licences :
water transportation for 1959 155
CORNWALL SUBDIVISION
Canadian National Railways:
Relocation of line; Judgment 122
Order 97836 125
CREMAZIE BLVD. MONTREAL
Subway :
application of City of Montreal to construct under tracks of Canadian Pacific
Railway Company; Judgment 1
Order 97229.. 4
French version of Judgment and Order 5
CROSSING PROTECTION
Main Street, Palmerston, Ont. :
Canadian National Railways; Judgment 673
Order 100334 677
CURRENCY EXCHANGE
Tariff of Regulations:
Amendment to; export traffic; application of B.C. Tree Fruits Ltd 251
DEMURRAGE CHARGES
bulk grain :
rescission of Order 94888 and restoration of amendment ordered by Order 94426 ... 89
suspension of provisions of demurrage rules in re unloading of bulk grain at public
and semi-public terminal elevators 141
DETROIT AND WINDSOR SUBWAY CORP.
Tunnel tolls:
Judgment in re reasonableness of suspended Tariff C.T.C. 25 256
Order 98550 260
DIVERSION OF LINE
Canadian National Railways:
Cornwall, Ont., to Cardinal, Ont.; Judgment 122
Order 97836 125
Dorval, P.Q., to Lachine, P.Q.; Order 97883 . 141
Judgment re diversion; also overpass at 34th Avenue, Lachine 169
Order 981 15 amending Order 97883 1 73
Canadian Pacific Railway Co. :
Oshawa Subdivision from mileage 94.2 to mileage 96.2; Order 99401 449
Peterboro Subdivision from mileage 86.0 to mileage 87.9; Order 99401 449
6
Subject Page
EQUALIZATION OF FREIGHT RATES
commodity rates:
lumber and forest products 395
Order 99 180 428
EXPRESS CLASSIFICATION— see CLASSIFICATION
FARES— see TOLLS
FORT WILLIAM, ONT.
Bridge:
Canadian Pacific Railway bridge reconstruction over Kaministiquia River;
Order 97837 140
FLAMMABLE LIQUIDS
Temporary loading and unloading facilities:
application for temporary approval of; guide to preparation of; Circular 280 381
FREIGHT CLASSIFICATION— see CLASSIFICATION
FREIGHT RATES— see TOLLS
FREIGHT YARD AND TERMINAL
Canadian Pacific Railway Company:
Proposal to construct in Township of Scarborough; Judgment 373
Order 99401 .' , 449
GAS PIPELINE
Niagara Gas Transmission Ltd. :
Leave to construct from Ottawa, Ont., to Gatineau Point, P.Q. ; Order 98117 285
Order 99 180 428
GENERAL ORDERS
834:
regulations governing publication, filing and posting of passenger tariffs by railways . 287
838:
air pollution and smoke control regulations 15
839:
amending General Order 695 re freight and express classification 18
840:
reduction in freight rates between eastern and western Canada; "bridge subsidy". . 88
841:
regulations governing design, location, construction and operation of bulk storage
facilities for liquified oetroleum gas 179
842:
regulations governing design, location, construction and operation of bulk storage
facilities for anhydrous ammonia 197
843:
regulations governing the construction, filing and posting of telegraph and telephone
tariffs 213
'. 325
844:
rules governing preparation of accounts by a public utility company re cost of
relocation of plant in re grant from Railway Grade Crossing Fund 215
846:
testing and repairing of highway crossing protective devices 217
847:
regulations governing the design, location, construction and operation of natural
gas, pintsch gas and liquefied petroleum gas fuel systems on railway cars 233
848:
rules re construction, reconstruction and improvement of grade separations
authorized by Board 261
849:
testing and repairing of highway crossing protective devices 350
7
Subject Page
GENERAL ORDERS— concluded
850:
rules re preparation of accounts to apply to joint projects undertaken under Order
of the Board 499
851:
regulations for inspection and maintenance of motive power units, other than
steam 505
852:
regulations for the transportation of dangerous commodities by rail 516
853:
reduction in freight rates between eastern and western Canada; "bridge subsidy" . . 562
854:
regulations for the transportation of dangerous commodities by rail 581
855:
regulations for the transportation of dangerous commodities by rail 581
GRADE SEPARATIONS— see RAILWAY HIGHWAY GRADE SEPARATIONS
HAWKESBURY, ONT.
Passenger train service :
application for discontinuance of; Hawkesbury to St. Eustache, Que., by Canadian
National Railways; Judgment 678
HIGHWAY CROSSING PROTECTIVE DEVICES
Testing and Repairing :
General Order 846 217
General Order 849 350
HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO
Relocation of C.N.R. line:
Cornwall, Ont., to Cardinal, Ont. ; Judgment 122
Order 97836 125
INCREASES
Commutation fares: (see also COMMUTATION FARES)
suspension of tariffs by Order 97316 40
General increase in freight rates :
postponement of hearing sine die; application of Railway Association of Canada
for final relief; Order 97571 97
Telegraph tolls :
approval of ; Judgment 280
Order 98799 284
Tunnel tolls:
Detroit and Windsor Subway Corp.; Judgment in re reasonableness of suspended
tariff C.T.C. 25 256
Order 98550 260
INTERCHANGES (TRACK CONNECTION)
Tucks and Sussex Avenue:
application of Acme Shingle and Lumber Co. et al for Order directing connection
of tracks of Canadian National Railways and of Vancouver and Lulu Island
Railway Co. (Canadian Pacific Railway Co.) at Tucks (Municipality of Rich-
mond) and at Sussex Avenue (Municipality of Burnaby); Judgment 437
Order 99277 448
IRONDALE SUBDIVISION
Canadian National Railways:
application to abandon between York River and Howland, Ont.; Judgment 529
Order ' 534
JOINT PROJECTS
Preparation of accounts:
General Order 850 499
8
Subject Page
KAMINISTIQUIA RIVER
Bridge reconstruction :
Canadian Pacific Railway Co.; at Fort William, Ont.; Order 97837 140
KITCHENER, ONT.
Bridge reconstruction:
Canadian National Railways; intersection of Wellington Street and trackage at
mileage 0.22 Bridgeport spur; Judgment 656
Order 100279 662
LACHINE, P.O.
Diversion of C.N.R. line:
Lachine, P.Q., to Dorval, P.Q.; Order 97883 141
Lachine, P.Q., to Dorval, P.Q.; also overpass at 34th Avenue, Lachine; Judgment . . 169
Order 98115 amending Order 97883 173
LICENCES— see WATER TRANSPORTATION
MARKINGS (REFLECTIVE)—
Railway cars:
Judgment re marking sides of railway cars 129
Order 9 7 788 134
supplementary judgment re marking sides of railway cars 684
Order 100389 687
MEDICINE HAT, ALTA.
Train Service:
Canadian Pacific Railway Co.; Medicine Hat — Nelson — Vancouver; Judgment. . . . 593
MONCTON, N.B.
Passenger Service :
Discontinuance of by Canadian National Railways; Moncton to Pointe du Chene;
Judgment 135
Order 97858 139
MONTREAL, P.Q.
Passenger service :
Canadian National Railways; between Montreal and Hawkesbury, Ont.; applica-
tion for leave to discontinue; Judgment 678
Subway:
Cremazie Blvd.; Canadian Pacific Railway Co.; Judgment 1
Order 97229 4
French version of Judgment and Order 5
MOTIVE POWER UNITS
Other than steam :
Regulations; General Order 851 505
NATURAL GAS
Fuel systems on railway cars :
Natural gas, pintsch gas and liquefied petroleum gas; regulations governing design,
location, construction and operation of ; General Order 847 233
Pipelines :
Niagara Gas Transmission Ltd.; leave to construct; Ottawa, Ont. to Gatineau
Point, P.Q.; Order 98717 285
Order 99 180 428
NELSON, B.C.
Train Service:
Canadian Pacific Railway Co.; Medicine Hat — Nelson — Vancouver; Judgment.. . . 593
NEW YORK CENTRAL RAILROAD CO.
Abandonment of Operation :
Niagara Branch; 10.46 miles between Church's Lane and terminus in Niagara-on-
the-Lake, Ont.; Judgment 652
St. Clair Branch; St. Clair Jet., to Courtright, Ont.; Judgment 641
Order 100227...- 651
9
Subject pAGE
NIAGARA GAS TRANSMISSION LTD.
Pipeline :
Ottawa, Ont., to Gatineau Point, P.Q.; leave to construct;
Order 987 17 285
Order 99180 428
NORTHERN TRANSPORTATION CO. LTD.
Standard Mileage Freight Tariff:
approval of 107
NORTHWEST STEAMSHIPS LTD.
Licences:
water transportation for 1959 41
water transportation for 1960 734
ORDERS OF THE BOARD— See GENERAL ORDERS and SUMMARIES OF
BOARD ORDERS
OTTAWA, ONT.
Passenger train service:
discontinuance of; Canadian Pacific Railway Co.; Ottawa, Ont., to Waltham, Ont.;
Judgment 277
Order 78749 279
OVERPASS
Canadian National Railways:
Reconstruction of; 34th avenue, Lachine; Judgment 169
Order 981 15 173
Reconstruction of; Municipal District of Kneehill; Three Hills, Alberta; Judgment. 571
Order 99943 579
PALMERSTON, ONT.
Main Street crossing :
Application of Canadian National Railways re automatic protection; Judgment. . . . 673
Order 100334 677
PASSENGER TRAIN SERVICE— see also TRAIN SERVICE
discontinuance of:
Canadian National Railways; Moncton, N.B., to Pointe du Chene, N.B. ; Judgment . 135
Order 97858. 139
Canadian National Railways; Montreal, St. Eustache, P.Q., and Hawkesbury,
Ont.; Judgment. 678
Canadian National Railways; Quebec City, P.Q., to St. Joachim, P.Q. ; commuter
service; Judgment 51
French version of Judgment 69
Canadian Pacific Railway Co.; Ottawa, Ont., to Waltham, P.Q. ; Judgment 277
Order 78749 279
Canadian Pacific Railway Co.; Portage La Prairie, Man., to Wetaskiwin, Alta.;
Judgment 688
Order 100540 707
PETROLEUM GAS (LIQUEFIED)
bulk storage facilities:
regulations governing design, location, construction and operation of; General
Order 841 179
fuel systems on railway cars :
regulations governing design, location, construction and operation of; natural gas,
pintsch gas and liquefied petroleum gas systems; General Order 847 233
POINTE DU CHENE, N.B.
Passenger train service:
discontinuance of C.N.R. service, Pointe du Chene, N.B. to Moncton, N.B.;
Judgment 135
Order 97858 , 139
PORTAGE LA PRAIRIE, MAN.
Passenger train service:
discontinuance of; Canadian Pacific Railway Co.; Portage La Prairie, Man., to
Wetaskiwin, Alta.; Judgment 688
Order 100540 707
10
Subject Page
PINTSCH GAS
fuel systems on railway cars:
Regulations governing design, location, construction and operation of; natural
gas, pintsch gas and liquefied petroleum gas systems; General Order 847 233
PIPE LINES ACT
British American Pipeline Co. :
Oil pipeline; construction of; vicinity of British Columbia-Alberta boundary;
one mile long; Order 97714 108
Niagara Gas Transmission Ltd. :
Gas pipeline; leave to construct; Ottawa, Ont., to Ga tinea u Point, P.Q. ; Order 98717 285
Order 99 180 428
PORTAGE LA PRAIRIE, MAN.
Passenger train service:
between Portage la Prairie and Wetaskiwin, Alta. ; discontinuance of; Canadian
Pacific Railway Co.; Judgment 688
Order 100540 707
PROTECTION AT RAILWAY CROSSINGS
Palmerston, Ont.:
Canadian National Railways; Main Street crossing; judgment 673
Order 100334 677
PROTECTIVE DEVICES
at Highway Crossings:
Testing and repairing; General Order 846. 217
Testing and repairing; General Order 849 350
PUBLIC UTILITY PLANT
Grade Crossing Fund :
Preparation of accounts for cost of relocation of public utility plant; General
Order 844 213
QUEBEC CITY, P.Q.
commuter service; discontinuance of; between Quebec City and St. Joachim, P.Q. ;
Judgment 51
French version of Judgment 69
RAILWAY CARS
Fuel systems:
regulations governing design; location, construction and operation of natural gas,
pintsch gas and liquefied petroleum gas fuel systems on railway cars; General
Order 847 233
Reflective markings :
Judgment re marking sides of railway cars. 129
Order 97788 134
Supplementary Judgment re marking sides of railway cars 684
Order 100389 687
RAILWAY GRADE CROSSING FUND
Accounts:
preparation of by public utility company re cost of relocation of plant in re grant
from Railway Grade Crossing Fund; General Order 844 215
preparation of by road authority in re grant from Railway Grade Crossing Fund;
General Order 845 213
RAILWAY-HIGHWAY GRADE SEPARATIONS— see also CANADIAN PACIFIC
RAILWAY CO.
Construction, reconstruction and improvements:
Rules respecting; General Order 848 261
RATES— see TOLLS
REDUCTION
Freight rates :
between Eastern and Western Canada; "bridge subsidy"; General Order 840 88
Freight Rates Reduction Act; Order 98424 241
11
Subject Page
REFLECTIVE MARKINGS
Railway cars:
Judgment 129
Order 97788 134
Supplementary Judgment 684
Order 100389 687
REFLECTIVE SIGNBOARDS
at highway crossings:
Order 97269 21
Order 100066 amending Order 97269 614
REGULATIONS— see GENERAL ORDERS
RELOCATION OF LINE— see DIVERSION OF LINE
ST. AGATHE, P.Q.
bridge
apportionment of cost; intersection of Canadian Pacific Railway's tracks and
Highway 1 1 ; Judgment 9
Order 97239.. 11
French version of Judgment and Order 12
ST. JOACHIM, P.Q.
commuter service:
discontinuance of; Canadian National Railways; between Quebec City and St.
Joachim, P.Q. ; Judgment 51
French version of Judgment 69
ST. MARC STREET
Shawinigan Falls, P.Q.
overhead bridge widening; Canadian National Railways; Order 97719 109
SANDWICH, WINDSOR & AM HERSTBURG RAILWAY
Bridge over Canadian National Railways:
Application for Order directing City of Windsor to pay all costs of maintenance;
Judgment 589
Order 100068 592
SCARBOROUGH, ONT.
Terminal freight yard :
Canadian Pacific Railway Co. ; Order 99401 449
Railway-highway grade separation:
Golf Road ; Order 99401 449
SCOTT MISENER STEAMSHIPS LTD.
Licences:
Water transportation for 1959 95
105
SHAWINIGAN FALLS, P.Q.
overhead bridge:
widening of at intersection of St. Marc Street and Canadian National Railways;
Order 97719 109
SIGNBOARDS— see REFLECTIVE SIGNBOARDS
SMOKE CONTROL REGULATIONS— see AIR POLLUTION REGULATIONS
ST. EUSTACHE, P.Q.
Passenger train service:
discontinuance of; Canadian National Railways; Montreal, St. Eustache, P.Q., and
Hawkesbury, Ont. ; Judgment
12
Subject Page
STANDARD MILEAGE FREIGHT TARIFFS
Approval of:
Northern Transportation Co. Ltd 107
Yankcanuk Steamships Ltd 107
Yellowknife Transportation Company 157
STATION AGENTS
Application to remove:
Circular 281 610
STORAGE FACILITIES (BULK)
anhydrous ammonia:
regulations governing design, location, construction and operation of; General
Order 842 197
liquefied petroleum gas:
regulations governing design, location, construction and operation of ; General
Order 841 179
SUBSIDIES ON FREIGHT RATES— see TOLLS
SUBWAYS
Calgary, Alta. :
Mileage 135.2 Drumheller Subdivision Canadian National Railways; also highway
crossing; Judgment 357
Order 98835 360
Cremazie Blvd., Montreal, P.Q.:
Canadian Pacific Railway Co.; Judgment 1
Order 97229.. 4
French version of Judgment and Order 5
SUMMARIES OF BOARD ORDERS
97212 to 97325 44
97326 to 97427 90
97428 to 97545 99
97546 to 97729 112
97730 to 97846 146
97847 to 98011 160
98012 to 98061 176
98062 to 98293 220
98294 to 98444 243
98445 to 98622 267
98623 to 98720 350
98721 to 98915 363
98916 to 99058 388
99059 to 99185 431
99186 to 99380 452
99381 to 99532 463
99533 to 99612 500
99613 to 99787 519
99788 to 99934 563
99935 to 100006 584
100007 to 100170 633
100171 to 100289 666
100290 to 100399 715
100400 to 100612 735
TARIFFS— see CURRENCY EXCHANGE, STANDARD TARIFFS, AND TOLLS
TELEGRAPH TOLLS
Increases in :
approval of; Judgment 280
Order 98799 284
TRAIN SERVICE— see also PASSENGER TRAIN SERVICE
Canadian Pacific Railway Co. :
Medicine Hat — Nelson — Vancouver ; Judgment 593
13
Subject Page
THREE HILLS, ALTA.
Overpass:
Municipal District of Kneehill; reconstruction of; Judgment 571
Order 99943 , 579
TOLLS
"Bridge" Subsidy — see Freight Rates (below)
Commutation Fares:
Increases in; suspension of tariffs by Order 97316 40
Judgment in re 471
Order 99642 495
French version of Judgment and Order 535
Currency Exchange Tariff :
Amendment to; export traffic; application of B.C. Tree Fruits Ltd 251
Equalization of Freight Rates:
Commodity rates on lumber and forest products; Judgment 395
Order 99180 428
Freight Rates:
General Increase; application of Railway Association of Canada for final relief;
postponement of hearing sine die; Order 97571 97
Reductions in; between Eastern and Western Canada; "bridge" subsidy; General
Order 840 88
Reductions in; Freight Rates Reduction Act; Order 98424 241
Subsidies — see Freight Rates:
Telegraph rates :
Increases in; approval of; Judgment 280
Order 98799 284
Tunnel tolls:
Detroit and Windsor Subway Corp.; Judgment in re. reasonableness of suspended
Tariff C.T.C. 25 256
Order 98550 260
TRANSPORTATION OF EXPLOSIVES AND OTHER DANGEROUS ARTICLES:
General Orders:
852 516
854 580
855 581
TELEGRAPH RATES— see TOLLS
TUNNEL TOLLS— see TOLLS
UNIFORM CLASSIFICATION OF ACCOUNTS
Class I common carriers by railways:
Communications systems; Order 98150 amending Order 96404 174
WATER TRANSPORTATION
Licences for 1959:
Canada Steamship Lines Ltd 105
156
157
266
E. E. Cooper 155
Northwest Steamships Ltd 41
Scott Misener Steamships Ltd
105
Yankcanuck Steamships Ltd 98
Yellowknife Transportation Company 19
Licences for 1960 :
Canada Steamship Lines Ltd 708
V 709
;;;;;; no
Canadian Pacific Railway Company 663
Northwest Steamships Ltd 734
14
Subject Page
VANCOUVER, B.C.
Train service:
Canadian Pacific Railway Co.; Medicine Hat — Nelson — Vancouver; Judgment 593
VANCOUVER AND LULU ISLAND RAILWAY
Interchange (track connection) :
At Tucks (Municipality of Richmond) and at Sussex Ave., (Municipality of
Burnaby); between tracks of Canadian National Railways and of Vancouver
and Lulu Island Railway (Canadian Pacific Railway Co.); application for Order
directing; Judgment 437
Order 992 7 7 448
WALTHAM, ONT.
Passenger train service:
discontinuance of; Canadian Pacific Railway Co.; Ottawa, Ont., to Waltham,
Ont.; Judgment 277
Order 78749 279
WETASKIWIN, ALTA.
Passenger train service:
discontinuance of; Canadian Pacific Railway Co.; Portage La Prairie, Man., to
Wetaskiwin, Alta.; Judgment 688
Order 100540 707
YANKCANUCK STEAMSHIPS LTD.
Licences :
Water transportation for 1959 98
Standard Mileage Freight Tariff:
Approval of 107
YELLOWKNIFE TRANSPORTATION CO.
Licences :
water transportation for 1959 19
Standard Mileage Freight Tariff:
approval of 157
The Queen's Printer and Controller of Stationery, Ottawa, 1960
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