Order No. 1998-R-710
November 16, 1998
IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 110352 of the Board of Transport Commissioners for Canada dated February 7, 1963 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Highway 90 and mileage 0.86 Penetang Spur with headblock at mileage 5.55 Barrie-Collingwood Subdivision, formerly the Meaford Sudbivision, in the county of Simcoe, in the province of Ontario.
File No. R 8050/538-S00.86
The Ministry of Transportation of the Province of Ontario filed an application with the Canadian Transportation Agency (hereinafter the Agency) as set out in the title. The application was received on July 16, 1998.
The Corporation of the County of Simcoe has advised the Agency that it is now the road authority at the crossing and accepts the maintenance responsibility assigned to the Department of Highways of the Province of Ontario as outlined in Order No. 110352.
The Agency provided an opportunity to the Allandale Community Development Corporation to comment on the proposed change in road authority and no comments were received.
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. 110352 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 110352 of the Board of Transport Commissioners for Canada dated February 7, 1963 is hereby varied by replacing, in clause 3, "Applicant" with "Corporation of the County of Simcoe".
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