Order No. 1998-R-141
April 1, 1998
IN THE MATTER OF an application by the Corporation of the Municipality of Chatham-Kent (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 81671 of the Board of Transport Commissioners for Canada dated June 25, 1953 to reflect a change in road authority and the associated cost apportionment responsibilities at the crossing.
File No. R 8050/279-054.65
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the County of Kent as outlined in Order No. 81671.
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 CTA, that there has been a change in the facts or circumstances pertaining to Order No. 81671 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 81671 of the Board of Transport Commissioners for Canada dated June 25, 1953 is hereby varied by replacing, in clause 3, "County of Kent" with "Municipality of Chatham-Kent".
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