Order No. 1997-R-763

December 29, 1997

December 29, 1997

IN THE MATTER OF an application by the ministère des Transports of the Province of Quebec (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to amend Order No. 119280 of the Board of Transport Commissioners for Canada dated December 9, 1965, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing.

File No. R 8050/899-012.75


The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.

The Municipality of Napierville has advised the Agency that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the Department of Roads of the Province of Quebec as outlined in Order No. 119280.

The Canadian Pacific 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 CTA, that there has been a change in the facts or circumstances pertaining to Order No. 119280 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 119280 of the Board of Transport Commissioners for Canada dated December 9, 1965 is hereby varied by replacing, in clause 8, "Applicant" with "Municipality of Napierville".

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