Decision No. 100-R-2000
February 14, 2000
APPLICATION by the Canadian National Railway Company pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to rescind Order No. 1992-R-111 of the National Transportation Agency of Canada dated April 2, 1992, which authorized the Ministry of Transportation of the Province of Ontario to reconstruct the overhead bridge carrying Queen Elizabeth Way Westbound Lanes across and over its tracks at mileage 48.63 Halton Subdivision, in the city of Burlington, in the regional municipality of Halton, in the province of Ontario.
File No. R 8050/463-048.63
The Canadian National Railway Company (hereinafter CN) filed an application with the Canadian Transportation Agency (hereinafter the Agency) as set out in the title. The application was received on January 17, 2000.
CN advises that the work at the road crossing was not undertaken according to the terms of Order No. 1992-R-111.
On November 18, 1998, CN and the Ministry of Transportation of the Province of Ontario entered into an agreement with respect to the construction and maintenance of the road crossing at Queen Elizabeth Way Eastbound Lanes and mileage 48.63 Halton Subdivision.
By Agency Order No. 1999-AGR-48 dated January 27, 1999, this agreement became an Order of the Agency as of December 3, 1998.
The Agency has reviewed the submissions filed and finds, pursuant to section 32 of the Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts or circumstances pertaining to Order No. 1992-R-111 since it was issued and that this Order should be rescinded.
Accordingly, pursuant to section 32 of the CTA, Order No. 1992-R-111 dated April 2, 1992, is hereby rescinded.