Order No. 1996-R-501

December 6, 1996

December 6, 1996

IN THE MATTER OF Order No. R-33578 of the Canadian Transport Commission dated March 19, 1982, which authorized the Department of Transportation of the Province of Nova Scotia to improve the automatic protection at the crossing of the railway of the Canadian National Railway Company (hereinafter the railway company) and Cobequid Road at mileage 15.09 Bedford Subdivision, at Windsor Junction, in the province of Nova Scotia; and

IN THE MATTER OF an application by the Department of Transportation of the Province of Nova Scotia (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to amend Order No. R-33578 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.

File No. R 8050/333-015.09


WHEREAS the Halifax Regional Municipality has advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing and accepts the maintenance responsibility of the applicant as outlined in Order No. R-33578;

AND WHEREAS the railway company has no objection to the change in road authority;

AND WHEREAS the Agency has reviewed the submissions filed and has found that there has been a change in the facts or circumstances pertaining to Order No. R-33578 since it was issued.

NOW THEREFORE, IT IS ORDERED THAT:

Pursuant to section 32 of the CTA, Order No. R-33578 of the Canadian Transport Commission dated March 19, 1982 is hereby amended by replacing in clause 5, the words "Department of Transportation of the Province of Nova Scotia" with the words "Halifax Regional Municipality".

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