Decision No. 142-R-2006

March 10, 2006

March 10, 2006

APPLICATION by the Region of Waterloo pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, to vary Order No. R-41031 of the Railway Transport Committee of the Canadian Transport Commission dated August 17, 1987, to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Woolwich Street (Regional Road No. 17) and mileage 58.39 Guelph Subdivision of the Goderich-Exeter Railway Company Limited, in the town of Breslau, in the regional municipality of Waterloo, in the province of Ontario.

File No. R8050/453-058.39


On November 22, 2005, the Region of Waterloo advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.

The Township of Woolwich provided to the Agency a copy of a Resolution passed by council on September 26, 2005, in which it assumed ownership of Woolwich Street South between Fountain Street and Victoria Street North.

The Agency provided an opportunity to Goderich-Exeter Railway Company Limited (hereinafter GEXR) to comment on the proposed change in road authority and has not received any comments.

As the line of railway at this location was previously operated by the Canadian National Railway Company and is now operated by GEXR, GEXR was also given the opportunity to comment on the change in rail authority, but no comments were received.

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-41031 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-41031 dated August 17, 1987, by replacing, in clause 5, "Regional Municipality of Waterloo" with "Township of Woolwich", and " Railway" with "Goderich-Exeter Railway Company Limited".

Members

  • Baljinder Gill
  • Mary-Jane Bennett
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