Decision No. 106-R-2000
February 16, 2000
APPLICATION by the ministère des Transports of the Province of Quebec pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. 123963 of the Board of Transport Commissioners for Canada dated April 4, 1967 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at chemin de la Grande-Ligne and mileage 212.15 Monk Subdivision, in the municipality of Saint-Isidore, in the county of la Nouvelle-Beauce, in the province of Quebec.
File No. R 8050/547-212.15
The ministère des Transports of the Province of Quebec (hereinafter the applicant) has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.
The Agency provided an opportunity to the Municipalité de Saint-Isidore to comment on the proposed change in road authority and to confirm that it agrees to become the new road authority at the subject crossing and that it accepts the associated cost apportionment responsibilities.
While the Municipality of Saint-Isidore provided the Agency with a copy of Resolution No. 97-10-215 confirming that the subject road crossing is located on its territory, it failed to advise whether it agrees that it is the new road authority and that it accepts the associated cost apportionment responsibilities.
The Canadian National Railway Company has no objection to the change in road authority.
Pursuant to section 2 of the Act Respecting Roads, R.S.Q., 1993, c. V-9, the Government of Québec shall determine by way of an Order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister of Transport. Any other road which is not under the responsibility of the Government of Québec or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act, R.S.Q., 1993, c. C-19, or as the case may be, chapter 0.1 Title XIX of the Municipal Code of Québec, c. C-27.1.
The applicant has submitted a copy of Order-in-Council 292-93 dated March 3, 1993 which was published in the Gazette officielle du Québec on March 17, 1993, identifying the roads which are under the management of the Minister of Transport. The applicant also submitted a list of road crossings affected by the Order-in-Council and which fall under the management of the municipalities as of April 1, 1993.
The Agency is of the opinion that as a result of the Order-in-Council, chemin de la Grande-Ligne, in the municipality of Saint-Isidore, in the province of Quebec, is now under the management of Municipalité de Saint-Isidore.
The Agency has reviewed the submissions filed and has found, 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. 123963 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 123963 dated April 4, 1967 is hereby varied by replacing, in clause 8, "the Department of Roads of the Province of Quebec" with "Municipalité de Saint-Isidore".