Decision No. 16-R-2008
January 17, 2008
APPLICATION by the Canadian National Railway Company pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, to rescind Canadian Transportation Agency Order No. 2004-AGR-494 dated November 18, 2004, relating to the installation and maintenance of a road crossing warning system at Provincial Road 330, mileage 35.32 Letellier Subdivision, near Morris, in the province of Manitoba.
File No. R8050/512-035.32
On October 5, 2007, the Canadian National Railway Company (hereinafter CN) applied to the Canadian Transportation Agency (hereinafter the Agency) for the rescission set out in the title.
Pursuant to Order No. 2004-AGR-494, the agreement between CN and the Province of Manitoba dated May 20, 2004 became an order of the Agency.
CN has advised that the agreement referenced in Order No. 2004-AGR-494 has been replaced by two agreements, that have been filed with the Agency.
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a change in the facts or circumstances pertaining to Order No. 2004-AGR-494 since it was issued and that it should be rescinded.
Accordingly, pursuant to section 32 of the CTA, the Agency hereby rescinds Order No. 2004-AGR-494 dated November 18, 2004.
Members
- Raymon J. Kaduck
- J. Mark MacKeigan
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