Order No. 1998-R-195
April 21, 1998
IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (hereinafter the applicant) pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 108772 dated September 5, 1962 and Order No. 109485 dated November 6, 1962 of Board of Transport Commissioners for Canada to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing.
File No. R 8050/372-090.11
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.
The Regional Municipality of Haldimand-Norfolk agrees that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order Nos. 108772 and 109485.
The Canadian National 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 Nos. 108772 and 109485 since they were issued and that these Orders should be varied.
Accordingly, pursuant to section 32 of the CTA:
- Order No. 108772 of the Board of Transport Commissionners for Canada dated September 5, 1962 is hereby varied by replacing in the second paragraph "Department of Highways of the Province of Ontario" with "Regional Municipality of Haldimand-Norfolk" .
- Order No. 109485 of the Board of Transport Commissioners for Canada dated November 6, 1962 is hereby varied by replacing, in clause 5, "Applicant" with "Regional Municipality of Haldimand-Norfolk".
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