Order No. 1998-R-197
April 21, 1998
IN THE MATTER OF an application by the Ministry of Transportation 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. 121289 of the Board of Transport Commissioners for Canada dated July 11, 1966 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing.
File No. R 8050/358-082.27
The applicant has advised the Canadian Transportation Agency (hereinafter the Agency) that it is no longer the road authority at the crossing.
The County of Oxford agrees that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order No. 121289.
The Canadian National Railway Company, the present owner of the line of railway, 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. 121289 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 121289 of the Board of Transport Commissioners for Canada dated July 11, 1966 is hereby varied by replacing, in clause 4, "Department of Highways of the Province of Ontario" with "County of Oxford".
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