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Whereas, pursuant to subsection 272(7) of the National Transportation Act, 1987, orders made by the Canadian Transport Commission before the coming into force of section 272 of the said Act continue in force as if the orders were made by the National Transportation Agency;
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Whereas, by way of petition brought by the Attorney General of British Columbia seeking a declaration that Her Majesty the Queen in right of Canada has a perpetual obligation to maintain passenger and freight rail service on the line of railway known as the Esquimalt and Nanaimo railway line operated by VIA Rail Canada Incorporated on behalf of Canadian Pacific Limited between Victoria and Courtenay, the Supreme Court of British Columbia declared on December 28, 1989 that Her Majesty the Queen in right of Canada has perpetual obligation to Her Majesty the Queen in right of the Province of British Columbia to ensure that passenger and freight rail service is maintained over that part of the Esquimalt and Nanaimo railway line between Victoria and Nanaimo;
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Whereas Order No. R-38000 of April 29, 1985 and Order No. R-39638 of August 6, 1986 were made by the Railway Transport Committee of the Canadian Transport Commission as it existed on the day immediately before the coming into force of section 272 of the National Transportation Act, 1987;
Whereas, pursuant to subsection 272(7) of that Act, orders made by the Canadian Transport Commission continue in force as if the orders were made by the National Transportation Agency;
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1 Schedule I, Group I, of the Appendix to Order No. R-38000 of April 29, 1985, as amended by Order in Council P.C. 1989-1974 of October 4, 1989, is replaced by the following:
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2 Section 2 of Order No. R-39638 of August 6, 1986, as amended by Order No. 1988-R-398 of April 29, 1988 and Order in Council P.C. 1989-1974 of October 4, 1989, is replaced by the following: