Decision No. 117-R-2000
February 23, 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. R-5615 of the Railway Transport Committee of the Canadian Transport Commission dated May 15, 1969 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Wallace Road and mileage 71.51 Mont-Joli Subdivision, in the municipality of Val-Brillant, in the county of La Matapédia, in the province of Quebec.
File No. R 8050/551-071.51
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 Municipalité de Val-Brillant to comment on the proposed change in road authority and no comments were received.
On June 29, 1999, the Agency issued to Chemin de fer de la Matapédia et du Golfe inc. a certificate of fitness to operate the subject railway line between Mont-Joli, Quebec and Campbellton, New Brunswick, formerly operated by the Canadian National Railway Company.
Chemin de Fer de la Matapédia et du Golfe inc. 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 Quebec 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 Quebec 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 of Title XIX of the Municipal Code of Québec, R.S.Q., 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, Wallace Road, in the municipality of Val-Brillant, in the province of Quebec, is now under the management of Municipalité de Val-Brillant.
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. R-5615 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. R-5615 dated May 15, 1969 is hereby varied by:
- deleting, in clause 1, "and thereafter maintain";
- replacing, in clause 4, "the Applicant" with "Municipalité de Val-Brillant";
- replacing, in clause 4, "the Canadian National Railways" with "Chemin de fer de la Matapédia et du Golfe inc.";
- adding the following clause:
5. Chemin de fer de la Matapédia et du Golfe inc. shall maintain flashing light signals and bell at the crossing of its railway and Wallace Road, in the municipality of Val-Brillant, in the county of La Matapédia, in the province of Quebec, at mileage 71.51 Mont-Joli Subdivision.