Decision No. 1-R-2005
January 4, 2005
IN THE MATTER OF an application by the Canadian National Railway Company (hereinafter the applicant), on behalf of itself and the Rural Municipality of North Cypress, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 3658 to remove reference to crossings at mileage 107.28 of the Rivers Subdivision, referred to in the Order as No. 14 Station 1818÷53, mileage 34.44 and to mileage 109.32 of the Rivers Subdivision referred to in the Order as No. 16 Station 1711÷07, mileage 32.39.
File Nos. R8050/622-107.28
R8050/622-109.32
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that the road crossings have been closed. It also states that public need will be met by adding a road crossing at mileage 108.29.
The applicant also filed a copy of an agreement entered into by the parties to close the subject crossings. The Agency notes the agreement of the parties to close the crossings.
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. 3658 since it was issued.
Accordingly, the Agency, pursuant to section 32 of the CTA, hereby varies Order No. 3658 of the Railway Transport Committee of the Canadian Transport Commission dated September 30, 1907 by removing reference to the two above-noted crossings at mileages 107.28 and 109.32 of the Rivers Subdivision.
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