Order No. 1998-R-741
December 3, 1998
IN THE MATTER OF an application by the ministère des Transports of the Province of Quebec pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. 120592 of the Board of Transport Commissioners for Canada dated April 26, 1966 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Saint-Dominique Road (formerly Saint-Dominique North Road) and mileage 26.33 Winchester Subdivision, in the municipality of Saint-Joseph-de-Soulanges, in the county of Soulanges, in the province of Quebec.
File No. R 8050/278-026.33
The ministère des Transports de la Province de Québec (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 Municipalité des Cèdres to comment on the proposed change in road authority.
The Municipalité des Cèdres provided the Agency with a copy of its Resolution dated September 8, 1998 wherein the Municipality states that it does not agree with the change in road authority at road crossings. It is of the opinion that municipalities should not be solely responsible for the costs associated with the road crossings located in their communities, but that these costs should be shared by all the municipalities within the province of Quebec as everyone benefits from these crossings. In addition, the Municipalité states that the train only passes through the municipality of Cèdres to serve the larger Montréal area and consequently provides no direct benefit to the community.
The Agency notes, however, that 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, Saint-Dominique Road, in the province of Quebec, is now under the management of the Municipalité des Cèdres.
The St. Lawrence & Hudson Railway Company Limited 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. 120592 since it was issued and that this Order should be varied.
Accordingly, pursuant to section 32 of the CTA, Order No. 120592 dated April 26, 1966 is hereby varied by replacing, in clause 8, "Applicant" with "Municipalité des Cèdres".
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