Are there any historical Agency Decisions regarding running rights applications?
The National Transportation Agency (NTA) [predecessor to the Agency] received three requests for running rights in the years 1988-1996. Two were rejected on jurisdictional grounds, while the third was withdrawn before the NTA made a determination. Since the enactment of the Canada Transportation Act (CTA) in 1996, the Canadian Transportation Agency (the Agency) has decided three applications for running rights. The Agency found in the first two applications that section 138 did not permit it to grant a running right to a railway company that was seeking traffic solicitation rights along the lines of the host railway company. As these applications were dismissed on jurisdictional grounds, the merits or public interest components were never examined. In examining the merits of the third application, the Agency found that a statutory running right is an exceptional remedy that requires actual evidence of market abuse or failure before an application under section138 of the CTA may be gran
