Decision No. 674-R-2004

December 10, 2004

December 10, 2004

APPLICATION by The Regional Municipality of York pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-3832 of the Railway Transport Committee of the Canadian Transport Commission dated November 15, 1968 as amended by Order No. R-4614 dated February 7, 1969, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at McCowan Road and mileage 38.38 Bala Subdivision, in the town of East Gwillimbury, in the province of Ontario.

File No. R 8050/326-038.38

On August 13, 2004, the Regional Municipality of York advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing.

The Agency provided an opportunity to the Town of East Gwillimbury, the former road authority at the crossing, to comment on the proposed change in road authority and has not received any comments from the Town.

The Canadian National Railway Company advises that it 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 Canada Transportation Act (hereinafter the CTA), that there has been a change in the facts or circumstances pertaining to Order No. R-3832 since it was issued and that this Order should be varied.

Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. R-3832 dated November 15, 1968 by replacing, in clause 10, "Applicant" with "Regional Municipality of York".

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