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Order No. 2000-R-102

With Decision No. 233-R-2000

March 31, 2000

IN THE MATTER OF a complaint filed by Steve Robinson of Sault Ste. Marie, Ontario, pursuant to section 95 of the Canada Transportation Act, S.C., 1996, c. 10, concerning noise emanating from Algoma Central Railway Inc.'s track 594 and nearby tracks near a residential area in Sault Ste. Marie, Ontario.

File No. R 8030/S9

On September 7, 1999, Steve Robinson filed a complaint with the Canadian Transportation Agency (hereinafter the Agency) regarding the noise emanating from the log loading operations onto Algoma Central Railway Inc.'s (hereinafter ACRI) rail cars near a residential area of Sault Ste. Marie, Ontario.

The Agency has reviewed the submissions filed by the parties and in accordance with Decision No. 233-R-2000 attached hereto, the Agency, pursuant to section 26 and subsection 27(1) of the Canada Transportation Act, orders ACRI to:

1. File with the Agency, with a copy to the complainant, within sixty (60) days of the issuance of this order, the following plans satisfactory to the Agency:

a) a noise abatement plan which includes an evaluation and reasons for selecting the preferred alternative(s) to ensure that the joint ACRI and Timber Forest Products loading operations on track 594 or any nearby tracks, do not cause a sound that is clearly audible in the adjacent residential area, between the hours of 23:00 and 07:00 or anytime on Sundays and statutory holidays; and

b) a detailed follow-up plan whereby ACRI will monitor the implementation of its noise abatement plan including specifics of corrective action to be taken to improve implementation.

2. Within six (6) months of the issuance of this order, ACRI shall file with the Agency a follow-up report, with a copy to the complainant, satisfactory to the Agency, demonstrating the success of its noise abatement plan in ensuring that it is causing as little damage as possible in the operation of its railway.