BNSF Railway Company - Certificate of Fitness

Date: May 22, 2020

Certificate Number: 97015-7

Certificate of Fitness issued to BNSF Railway Company by the Canadian Transportation Agency pursuant to subsections 92(1) and 92(2) of the Canada Transportation Act, SC 1996, c 10 (CTA), which permits the BNSF Railway Company and its wholly-owned subsidiaries, Burlington Northern (Manitoba) Ltd. (BNML) and Burlington Northern and Santa Fe Manitoba Inc. (jointly referred to herein as BNSF), to operate a railway in the provinces of British Columbia, Alberta, Saskatchewan, and Manitoba as set out below:

on BNSF-owned trackage:

  1. over the New Westminster Subdivision between the Canada/USA border (mileage 119.6) and Fraser River Junction (mileage 141.3), and from CN Junction (mileage 153.3) to Vancouver, British Columbia (mileage 156.0);
  2. a railway yard in the city of Winnipeg, Manitoba;
  3. for 1.81 miles (between mileages 1.87 and 3.68), between the St. James Junction at mileage 4.80 of the Canadian National Railway Company’s (CN) Rivers Subdivision and the junction at mileage 3.45 of the Canadian Pacific Railway Company’s (CP) La Rivière Subdivision, near the Academy Road crossing, in the city of Winnipeg; and
  4. between the junction at the Portage Avenue crossing at mileage 4.45 of CP’s La Rivière Subdivision and north of the Notre Dame Avenue crossing at mileage 6.68, in the city of Winnipeg;

and, by virtue of running rights agreements, to operate over the lines of:

  1. CP:
  1. for 0.29 mile at Huntingdon, British Columbia, to access the Huntingdon interchange and connect with Southern Railway of British Columbia Limited (SRBCL);
  2. over a short distance on CP’s lead track at New Westminster, British Columbia;
  3. over CP’s La Rivière Subdivision for 0.75 mile between the Portage Avenue crossing (mileage 2.70) and the junction near the Academy Road crossing (mileage 3.45), in the city of Winnipeg;
  4. for short distances from the Canada/USA border at Coutts, Alberta over CP’s Montana Subdivision to interchange cars at the Coutts interchange; and
  1. BCR Port Subdivision Ltd., from Colebrook (mileage 7.80) to Roberts Bank (mileage 21.0), in the province of British Columbia;
  2. CN ;
  1. 500 feet at Brownsville, British Columbia, to access the Fraser Surrey Docks;
  2. from Fraser River Junction (mileage 141.3) to CN Junction (mileage 155.3), New Westminster Subdivision, in the province of British Columbia;
  3. c)for a short distance at Burrard Inlet, Vancouver, British Columbia;
  4. from Brownsville to the Thornton Yard, Surrey, British Columbia, for traffic interchange purposes;
  5. from Emerson Junction (mileage 63.40) to Portage Junction (mileage 0.00), Letellier Subdivision, including the Emerson Extension, in the province of Manitoba;
  6. from Portage Junction (mileage 2.60) to St. James Junction (mileage 4.80), Rivers Subdivision, in the city of Winnipeg;
  7. from the BNSF–CN interchange at Vancouver Junction, over all CN lines in Burnaby, North Vancouver and West Vancouver, British Columbia, to a maximum distance of the present or future interswitching limits established under the CTA;
  8. over siding tracks T022, T023, and T024 and related sidings and rights of way in the Tilbury Railway Yard in Delta, British Columbia;
  9. over the CN Brownsville lead line segment, from its south end near the Fraser Surrey Docks to the diamond crossing of SRBCL’s tracks over the CN track near Fraser River Junction, in the city of Surrey; and
  10. from the BNML–CN interchange near St. James Junction in Winnipeg over all CN lines in and around Winnipeg, to a maximum distance of the present or future interswitching limits established under the CTA;
  1. and for short distances:
  1. on CN, CP, and SRBCL rail lines at various locations in British Columbia to interchange cars;
  2. from the Canada/USA border over and within the terminal loading and unloading facility of Ceres Global Ag Corp. at Northgate, Saskatchewan; and
  3. on CN and CP rail lines at various locations in Manitoba to interchange cars.

As per Schedule IV of the CTA, BNSF is authorized to operate a railway, which includes the carriage of:

  • toxic inhalation hazard materials;
  • crude oil; and
  • other dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, SC 1992, c 34.