Order No. 2004-AGR-184

May 3, 2004

File No. R8050/268-162.15

On April 20, 2004, the Canadian Transportation Agency (hereinafter the Agency) received a letter from the Huron Central Railway Inc. (hereinafter HCR) dated April 14, 2004, which enclosed a copy of an executed Agreement entered into by itself and the Ministry of Transportation of the Province of Ontario, with respect to the work set out in the title.

HCR is a "shortline" railway company operating within, and subject to, the jurisdiction of the Province of Ontario. However, pursuant to section 157.1 of the CTA, the Minister of Transport may enter into an agreement with a provincial minister responsible for transportation matters providing for the administration, in relation to persons who operate railways within the legislative authority of the province, of any law respecting railway safety, accident investigation and railway crossings. Such an agreement was concluded on July 8, 1996, wherein the Province of Ontario authorized the Agency to administer the applicable federal law respecting road crossings to railway companies governed by the Ontario Shortline Railways Act, 1995 in the same manner and to the same extent as the law applies to railway companies under federal jurisdiction.

Pursuant to subsection 101(2) of the Canada Transportation Act (hereinafter the CTA), the above-noted Agreement becomes an order of the Agency authorizing the parties to construct or maintain the crossing, or apportioning the costs, as provided for in the Agreement.

Accordingly, pursuant to subsection 101(2) of the CTA, the above-noted Agreement is an Order of the Agency as of April 20, 2004.