Order No. 1998-R-800

December 31, 1998

December 31, 1998

IN THE MATTER OF an application by the Regional Municipality of Waterloo pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 123254 of the Board of Transport Commissioners for Canada dated January 19, 1967 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Beaverdale Road and mileage 20.80 Fergus Spur with headblock at mileage 49.8 Guelph Subdivision, in the regional municipality of Waterloo, in the province of Ontario.

File No. R 8050/430-020.80

The Regional Municipality of Waterloo (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. The application was received on July 17, 1998.

The applicant has advised the Agency that it will no longer be the road authority at the crossing, effective January 1, 1999.

The Corporation of the City of Cambridge confirms the change in road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order No. 123254.

The Goderich-Exeter Railway Company Limited has no objection to the change in road authority.

Pursuant to paragraph 28(1)(a) of the CTA the Agency may direct that the provision of an order shall come into force at a future time.

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. 123254 and that this Order should be varied.

Accordingly, pursuant to section 32 and paragraph 28(1)(a) of the CTA, Order No. 123254 dated January 19, 1967 will be varied on January 1, 1999 by replacing, in clause 4, "Town of Hespeler" with "Corporation of the City of Cambridge" and "Canadian National Railways" with "Goderich-Exeter Railway Company Limited".

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