Decision No. 13-R-2005

January 11, 2005

January 11, 2005

APPLICATION by the Corporation of the County of Essex, formerly the Windsor Suburban Roads Commission, pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-39783 of the Railway Transport Committee of the Canadian Transport Commission dated September 22, 1986, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Lauzon Parkway and mileage 105.05 Windsor Subdivision, in the city of Windsor, in the province of Ontario.

File No. R8050/279-105.05

On June 7, 2004, the Corporation of the County of Essex advised the Canadian Transportation Agency (hereinafter the Agency) that the City of Windsor is now the road authority at the subject crossing.

The City of Windsor has no objection to the proposed change in road authority.

The Canadian Pacific Railway Company 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-39783 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-39783 dated September 22, 1986 by replacing, in clause 4, "the County of Essex" with the "City of Windsor".

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