Order No. 1997-R-765
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. R-15945 of the Railway Transport Committee of the Canadian Transport Commission dated February 8, 1973, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing.
File No. R 8050/499-147.54
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.
The Municipal Corporation of Saint-François-de- Sales 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. R-15945.
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 CTA, that there has been a change in the facts or circumstances pertaining to Order No. R-15945 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. R-15945 of the Railway Transport Committee of the Canadian Transport Commission dated February 8, 1973 is hereby amended by removing, in clause 1, "and maintain" and by adding the following clause:
The cost of maintaining the crossing surface shall be paid by the Municipal Corporation of Saint-François-de-Sales.