Decision No. 1-R-2015

On September 12, 2014, Capital Railway applied to the Canadian Transportation Agency (Agency) for a rescission of Order No. R‑13916 dated April 11, 1972 of the Canadian Transport Commission (Order).  On November 13, 2014, Capital Railway clarified that it is seeking a variance (and not a rescission) of the Order to reflect the decommissioning of the Brookfield pathway crossing at grade located at mileage 1.36 of the Ellwood Subdivision (thereby leaving intact the part of the Order pertaining to mileage 7.27 of the Ottawa Subdivision).

The Order authorized the then applicant to convert an existing railway‑highway crossing at grade into a pedestrian crossing at grade at Brookfield Road, in the city of Ottawa.

Capital Railway provided a letter in which it is indicated that the decommissioning of the Brookfield pathway (the subject pedestrian crossing at grade) occurred on August 23, 2014 with the removal of the crossing warning devices, the removal of the pathway within the railway corridor, the sealing off of the corridor with the permanent fencing, and the provision of landscaping on both sides of the crossing beyond the railway corridor property limits to remove any existence of a crossing at this location.

It is also indicated in the letter that all railway and roadway authority works pertaining to the closing of this crossing were conducted in collaboration between Capital Railway and the City of Ottawa, with the costs split by agreement between the two parties.

In addition, as it is indicated in the letter, the City of Ottawa does not object to the decommissioning of the crossing.

The Agency has reviewed the application and finds, pursuant to section 32 of the Canada Transportation Act, that there has been a change in the facts and circumstances pertaining to the Order since it was issued. As the pedestrian crossing at grade authorized by the Order is no longer required and has been removed, the Agency varies the Order by deleting references to the Brookfield pathway crossing at grade located at mileage 1.36 of the Ellwood Subdivision.