Order No. 1998-R-727

November 24, 1998

File No. R 8050/915-041.84

The ministère des Transports of the Province of Quebec (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. The application was received on August 1, 1997.

The applicant has advised the Agency that it is no longer the road authority at the crossing.

The Agency provided an opportunity to the Municipality of Arntfield and to the Ontario Northland Transportation Commission to comment on the proposed change in road authority and no comments were received.

Pursuant to section 2 of the Act Respecting Roads, R.S.Q., 1993, c. V-9, the Government of Québec shall determine by way of an Order published in the Gazette officielle du Québec, the roads which shall be under the management of the Minister of Transport. Any other road which is not under the responsibility of the Government of Québec or a government department or agency shall be managed in accordance with subdivision 22.2 of Division XI of the Cities and Towns Act, R.S.Q., 1993, c. C-19, or as the case may be, chapter 0.1 Title XIX of the Municipal Code of Québec, c. C-27.1.

The applicant has submitted a copy of Order-in-Council 292-93 dated March 3, 1993 which was published in the Gazette officielle du Québec on March 17, 1993, identifying the roads which are under the management of the Minister of Transport. The applicant also submitted a list of road crossings affected by the Order-in-Council and which fall under the management of the municipalities as of April 1, 1993.

The Agency is of the opinion that as a result of the Order-in-Council, Kanasuta Road, in the province of Quebec, is now under the management of the Municipality of Arntfield.

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. 117836 and R-22150 since they were issued and that these Orders should be varied.

Accordingly, pursuant to section 32 of the CTA, Order No. 117836 dated June 24, 1965 is hereby varied by deleting, in clause 1, "and maintain,"; and adding the following clause:

The cost of maintaining the road crossing surface shall be paid by the Municipality of Arntfield.

In addition, pursuant to section 32 of the CTA, Order No. R-22150 dated February 5, 1976 is hereby varied by replacing, in clause 5, "Department of Transport of the Province of Quebec" with "Municipality of Arntfield".