Order No. 1997-R-53
January 24, 1997
IN THE MATTER OF Order No. 1988-R-568 of the National Transportation Agency, dated June 30, 1988, which authorized the Department of Transportation of the Province of New Brunswick to reconstruct and widen the approaches of the crossing and to widen the crossing surface at Mitchell Settlement Road where it crosses at grade the right-of- way and track of the Canadian National Railway Company (hereinafter the Railway Company), at mileage 138.11 Newcastle Subdivision, in the village of Jacquet River, in the province of New Brunswick; and
IN THE MATTER OF an application by the Department of Transportation of the Province of New Brunswick (hereinafter the applicant) pursuant to section 41 of the National Transportation Act, 1987, R.S.C., 1985, c. 28 (3rd Supp.) (hereinafter the NTA, 1987), for an amendment to Order No. 1988-R-568 dated June 30, 1988 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.
File No. R 8050/566-138.11
WHEREAS this application was filed with the National Transportation Agency (hereinafter the NTA);
AND WHEREAS on July 1, 1996, the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA) came into effect. Pursuant to section 195 of the CTA, proceedings relating to certain matters before the NTA, prior to the coming into effect of section 195, shall be dealt with by the Canadian Transportation Agency (hereinafter the Agency), pursuant to the provisions of the NTA, 1987, unless otherwise ordered by the Governor in Council. No such order of the Governor in Council affects this matter;
AND WHEREAS the Village of Belledune has chosen not to provide any comments on the amendment to Order No. 1988-R-568;
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. 1988-R-568 since it was issued.
NOW THEREFORE, IT IS ORDERED THAT:
Pursuant to section 41 of the NTA, 1987, Order No. 1988-R-568 of the National Transportation Agency dated June 30, 1988 is hereby amended by replacing, in Clause 8, the word "Applicant" with the words "Village of Belledune".
- Date modified: