Order No. 1998-R-776

December 21, 1998

December 21, 1998

IN THE MATTER OF an 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 (hereinafter the CTA), to vary Order No. R-7924 of the Railway Transport Committee of the Canadian Transport Commission dated December 8, 1969 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at 9th Range Road and mileage 78.80 Sherbrooke Subdivision (formerly mileage 7.32 St. Hyacinthe Subdivision), in the municipality of Durham Sud, in the county of Drummond, in the province of Quebec.

File No. R 8050/653-078.80

The ministère des Transports of the Province of Quebec (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. The application was received on August 1, 1997.

The applicant has advised the Agency that it is no longer the road authority at the crossing.

The Municipality of Durham Sud agrees that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order No. R-7924.

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-7924 since it was issued and that this Order should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. R-7924 dated December 8, 1969 is hereby varied by replacing, in clause 4, "Applicant" with "Municipality of Durham Sud".

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