Order No. 1998-R-801

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. R-39672 of the Railway Transport Committee of the Canadian Transport Commission dated August 21, 1986, as amended by Order No. R-40120 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Park Street and mileage 63.40 Guelph Subdivision, in the city of Kitchener, in the province of Ontario.

File No. R 8050/453-063.38

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 City of Kitchener confirms the change in road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order No. R-39672, as amended by Order No. R-40120.

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. R-39672, as amended by Order No. R-40120, and that these Orders should be varied.

Accordingly, pursuant to section 32 and paragraph 28(1)(a) of the CTA, Order No. R-40120 dated December 10, 1986 will be rescinded on January 1, 1999.

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