Decision No. 132-R-2000
February 29, 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. 125360 of the Board of Transport Commissioners for Canada dated August 25, 1967 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at 10e Rang Wendover (formerly 10th Range Road) and mileage 87.38 Drummondville Subdivision, in the municipality of the parish of Notre-Dame-du-Bon-Conseil, in the province of Quebec.
File No. R 8050/413-087.38
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 Paroisse Notre-Dame-du-Bon-Conseil to comment on the proposed change in road authority.
Municipalité Paroisse Notre-Dame-du-Bon-Conseil provided the Agency with a copy of Resolution No. 04/08/97 dated August 4, 1997 wherein it states that it does not agree with the change in road authority and refuses the responsibility of the costs associated with the maintenance of the road crossing.
The Agency notes, however, that 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, 10e Rang Wendover, in the municipality of the parish of Notre-Dame-du-Bon-Conseil, in the province of Quebec, is now under the management of Municipalité Paroisse Notre-Dame-du-Bon-Conseil.
The Canadian National Railway Company has no objection to the change in road authority.
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. 125360 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 125360 dated August 25, 1967 is hereby varied by replacing, in clause 4, "the Department of Roads of the Province of Quebec" with "Municipalité Paroisse Notre-Dame-du-Bon-Conseil".