Order No. 1998-R-778

December 22, 1998

December 22, 1998

IN THE MATTER OF an application by the Regional Municipality of Waterloo pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), to vary Order No. R-39109 of the Railway Transport Committee of the Canadian Transport Commission dated February 24, 1986 to reflect a change in road authority and the associated cost apportionment responsibilities at the road crossing at Columbia Street and mileage 3.14 Waterloo Spur, with headblock at mileage 62.45 Guelph Subdivision, in the regional municipality of Waterloo, in the province of Ontario.

File No. R 8050/453-S03.14

The Regional Municipality of Waterloo (hereinafter the applicant) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. The application was received on July 17, 1998.

The applicant has advised the Agency that it will no longer be the road authority at the crossing, effective January 1, 1999.

The City of Waterloo confirms the change in road authority at the crossing and accepts the maintenance responsibility assigned to the applicant as outlined in Order No. R-39109.

The Waterloo-St. Jacobs Railway Company Limited, the present owner of the rail line, has no objection to the change in road authority.

Pursuant to paragraph 28(1)(a) of the CTA, the Agency may direct that the provision of an order shall come into force at a future time.

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. R-39109 since it issued and that this Order should be varied.

Accordingly, pursuant to section 32 and paragraph 28(1)(a) of the CTA:

  1. Order No. R-39109 dated February 24, 1986 will be rescinded on January 1, 1999;
  2. Order No. R-32472 July 22, 1981 will be varied on January 1, 1999 by replacing, in clause 3, "Canadian National Railways" with "Waterloo-St. Jacobs Railway Company Limited"; and
  3. Order No. R-4924 dated March 13, 1969 will be varied on January 1, 1999 by replacing, in clause 7, "Canadian National Railways" with "Waterloo-St. Jacobs Railway Company Limited".
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