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Full text of "Judgements, Orders, Regulations, Rulings, Decisions, Appendix and Reports 1958-1960"

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T 



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 



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 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 
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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 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 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* i and 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 a 1 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 
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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 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 



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 
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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 railw r ay 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 
Agent 37 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 
Biiis enSe 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 








Q 
O 


A 
4 




A 


Q 
O 







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 







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 



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 
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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. 

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 
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. 

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- 
r nt 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 l er 
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; M lle 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 
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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. 

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 N os 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 n os 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 betwe