Agency Rulings

Order No. 1991-R-467

August 29, 1991

IN THE MATTER OF Order No. R-5625 of the Railway Transport Committee, Canadian Transport Commission, dated May 15, 1969, which authorized the installation of automatic protection at the crossing where King Street, in the Town of Truro, Province of Nova Scotia, crosses at grade the tracks of the Canadian National Railway Company at mileage 63.50 Bedford Subdivision and the track of the Dominion Atlantic Railway Company at mileage 57.27 Truro Subdivision.

File No. R 8050/333-063.50

WHEREAS Canadian Pacific Limited (hereinafter CP) on behalf of the Dominion Atlantic Railway Company (hereinafter DAR) has requested that the National Transportation Agency (hereinafter the Agency) amend Order No. R-5625 in order to be relieved of its responsibility of maintaining the automatic warning devices at the said crossing;

AND WHEREAS by Order No. R-39358 of the Railway Transport Committee, Canadian Transport Commission, dated May 22, 1986, DAR was ordered to abandon the operation on its Truro Subdivision between mileages 4.4 and 57.6;

AND WHEREAS DAR has abandoned operation on its Truro Subdivision, has removed the track and other facilities of the line and does not retain any operation in Truro;

AND WHEREAS the Canadian National Railway Company has no objection to the request of CP for amendment to Order No. R-5625 and has agreed to assume DAR's portion of the cost for maintaining the automatic protection at the said crossing;

AND WHEREAS the Town of Truro has no objection to the request of CP for amendment to Order No. R-5625 provided it does not have to "pay any increase sharing" for the maintenance of the said crossing;

AND WHEREAS the Agency has reviewed the submissions filed, takes note of the agreement of the parties and has found pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.), that there has been a change in the facts or circumstances pertaining to Order No. R-5625 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Order No. R-5625 of the Railway Transport Committee, Canadian Transport Commission, dated May 15, 1969, is hereby amended by deleting Clause 4 and replacing it with the following:

"Fifty percent of the cost of maintenance and operation of the said protection shall be paid by the Town of Truro and fifty percent of the said cost shall be paid by the Canadian National Railway Company."